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Criminal law as an indicator of Ukraine’s European integration : conceptual principles of harmonisation
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2710-4818; 2710-4826
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Nove ukrayinske pravo, 2025, No. 5, pp. 130-135
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SOLOVIOVA, Alina, Criminal law as an indicator of Ukraine’s European integration : conceptual principles of harmonisation, Nove ukrayinske pravo, 2025, No. 5, pp. 130-135 - https://hdl.handle.net/1814/94246
Abstract
The article examines criminal law as an indicator of Ukraine’s European integration, analysing its role within the broader legal reform framework aimed at aligning national legislation with the acquis communautaire of the European Union. Following Ukraine’s recognition as a candidate country for EU membership, the harmonisation of criminal law has acquired strategic significance, serving both as a legal obligation and as a mechanism for strengthening the state’s resilience to hybrid threats, armed aggression, and challenges to the rule of law. The paper traces the evolution of EU competence in criminal matters, focusing on Article 83 of the Treaty on the Functioning of the European Union (TFEU), which provides the normative foundation for harmonising criminal law across Member States. Special attention is devoted to the jurisprudence of the Court of Justice of the European Union (CJEU), which has developed an autonomous and coherent interpretation of key criminal law concepts such as ne bis in idem, proportionality, and the principle of ultima ratio. The study analyses landmark cases including Commission v. Greece (1989) and Gasparini and Others (2006), which articulated the principle of effective, proportionate, and dissuasive sanctions as a cornerstone of EU criminal law. It is argued that adaptation should not be reduced to a mechanical transplantation of EU norms but should involve the meaningful integration of European values and human rights standards into Ukraine’s criminal justice system. The conclusion emphasises that the Europeanisation of Ukrainian criminal law constitutes not only a legal and political commitment but also a driver of internal legal modernisation, enhancing judicial dialogue, ensuring coherence in legal practice, and reinforcing Ukraine’s integration into the common European area of freedom, security, and justice.
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Published online: 15 December 2025