Vlasova N.V., Zaloilo M.V. Concretization of the Provisions of the EU Directives in the Legislation of Member States of the EU

Abstract: The article considers the issues of concretization of legal provisions in the framework of integration associations (the European Union), that is in harmonization of national law of member States. Authors on the example of the legal regulation of agency allocate the following options of concretization of Directives in the national legislation of member States of the EU: the amendments to the existing legal norms of normative legal acts which are currently in force; the addition of normative legal acts which are currently in force of the new legal norms; the adoption of a new special legal act in this field. Grounds for concretization of the EU Directive in the national legislation are the following: using in the Directive phrases «for example», «in particular»; the inclusion in the Directive alternative ways of legal regulation, one of which member States are obligated to freeze in their legislation; the inclusion in the Directive of the enabling word «may» that assumes the possibility of establishing additional rules in the national legislation. A combination of methods of cognition, which amounted to a systematic and dialectical approach, was used in the article. The authors appealed to the general scientific methods (analysis, synthesis, induction, deduction) and to the speciallylegal methods of learning: formal-legal, comparative legal, structural and functional. The authors formulated the following conclusions: by the way of concretization of the Directives in the national regulation of the member States of the EU a new legal norms are accepted, which supplement and develop the provisions of the Directive in a given direction in compliance with the prescribed limits, and also the lacunas are filled; there is the responsibility to obey the limits of concretization of the Directives related to the content of the implementing rules defined by the object and scope of legal regulation.

Keywords: