Implementation of the EU acts in the field of capital markets into Ukrainian legislation: international legal framework and priority areas

The article is devoted to a comprehensive analysis of the process of implementation of the European Union (EU) acts in the field of capital markets into Ukrainian legislation. The author examines the international legal basis of this process and describes the main stages of Ukraine’s relations with the EU in relation to the approximation of Ukrainian legislation to the EU acquis. The author also examines the key documents that define the relations between Ukraine and the EU in the context of European integration, including the 1994 EU-Ukraine Partnership and Cooperation Agreement and the 2014 EU- Ukraine Association Agreement. The article analyses in detail the reports of the European Commission on Ukraine’s progress in approximating its legislation to the EU acquis in the field of capital markets. The main achievements and areas requiring further improvement are highlighted. In particular, the author examines the issues of capital market supervision, rating of financial instruments, and such mechanisms for raising funds as securitisation and covered bonds. The author examines the internal aspects of bringing Ukrainian legislation in line with EU requirements, including legislative plans and current draft laws. Particular attention is paid to the analysis of recently adopted laws aimed at bringing Ukrainian legislation closer to the EU acquis in the field of capital markets. The article also examines the priority areas for further work on the implementation of EU acts, including improving legislation on combating capital market abuse, creating a mechanism for compensation to investors in securities, strengthening the supervisory powers of the National Securities and Stock Market Commission, and introducing certain types of collective investment institutions that operate in the EU but are not currently provided for in Ukrainian legislation, such as European long-term investment funds, venture capital funds, and other types of collective investment institutions. Based on the analysis, the author formulates recommendations for improving the implementation process, including strengthening coordination between various government agencies, attracting international technical assistance and holding broad consultations with market participants.