The Role of Harmonization of Legal Regulation in the Process of Global and Regional Integration

Abstract

. The article is devoted to the study of the convergence problems of the national law of the participating states of integration associations of different status and goals. The influence of globalization on the process of convergence of national legal systems is A comparative study of scientific approaches to the study of the convergence of law and its forms is carried out. As a result, an idea of the convergence of law and its forms is formed based on the analysis of current international and national legislation, the definition of the content and role of the harmonization of legal regulation in the process of global and regional integration. Based on the analysis and scientific commentary of Article 20 of the CIS Charter, existing agreements and documents of the CIS and the EAEU, definitions of three forms of convergence of law are given: synchronization, harmonization and unification. As a result of a comparative commentary on the provisions of the Treaty on the Eurasian Economic Union and the Concept of the gradual formation of a common labor market of the CIS member states, the logic of the correlation of forms of convergence of law, their relationship with forms of political integration is described. It is noted that the concepts of “harmonization of legal regulation” and “harmonization of legislation” have different contents. Harmonization of legal regulation is defined as a way (form) of convergence of law, ensuring the formation of common foundations (directions) of legal policy in order to integrate the national legal systems of cooperating states in certain areas of public life. There are different models of vertical and horizontal integration of law. Each model of integration proceeds from a certain priority of forms of convergence of law. For horizontal integration, the priority forms are synchronization and harmonization of legal regulation. For vertical integration, when the legal foundations Journal of Foreign Legislation and Comparative Law, of the integration association are defined, the priority forms are the harmonization of legislation and unification of legal regulation: the acceding countries implement the norms of the integration association into their own legal system.