EU LAW ON GENDER EQUALITY AND THE CASE-LAW OF COURT OF JUSTICE OF THE EU: A VIEW THROUGH THE PRISM OF UKRAINE'S STATUS AS A CANDIDATE FOR EU MEMBERSHIP

Abstract

The article examines the process of implementation of European Union standards on gender equality into Ukrainian legislation in the context of Ukraine's acquisition of the status of a candidate state for EU membership. The provisions of the Association Agreement between Ukraine and the EU and its annexes are analyzed as the main source of EU law in the national legal order, which establish requirements for the harmonization of domestic legislation in the field of gender equality. Particular attention is paid to the analysis of the institutional capacity of the state authorities of Ukraine regarding the implementation of EU standards in the field of gender equality. Special attention is paid to the analysis of EU directives, which define the principles of equal treatment in various spheres of life: education, employment, access to goods and services, social and pension protection. The practice of Court of Justice of the EU regarding the application of the principle of gender equality, in particular in cases of discrimination during employment, equal pay, social and pension security, public service, international protection of refugees and positive discrimination, was studied. The work reveals the mechanisms of influence of EU law, practice and decisions of the Court of Justice of the EU on the national legal order of Ukraine. Prospects for further harmonization of Ukrainian legislation with EU law in the context of the implementation of the Plan for the Ukraine Facility 2024–2027 were considered. Key areas of reform covering a wide range of issues have been identified: from the formation of state policy to the implementation of specific mechanisms for ensuring gender equality in various spheres of social life. The author has concluded that the EU acquis in the field of gender equality has doctrinal, comprehensive and systemic features, and in Ukraine it is one of the priority directions of reforming Ukrainian legislation in the process of legal convergence. The need for a comprehensive approach to the implementation of EU standards is emphasized, which includes both legislative changes and the development of institutional capacity, knowledge of Ukrainian judges of case-law of the Court of Justice of the EU, improvement of legal culture and legal awareness of individuals to overcome gender stereotypes.