Theoretical and legal principles of cross-border cooperation: specific issues

Анотація

This article analyzes the conceptual framework of cross-border cooperation as a legal institution that has gained particular importance during Ukraine’s European integration process. The research examines various theoretical perspectives from both Ukrainian and international scholars regarding the nature of cross-border cooperation, its classification among international interactions, and its regulatory characteristics.

The analysis establishes cross-border cooperation as a distinct form of international engagement between individuals and/or legal entities of different nationalities operating in border territories. This interaction occurs on a contractual basis with the aim of addressing shared challenges in border regions and enhancing the quality of life for local populations.

Six defining characteristics of cross-border cooperation are identified:

• contractual foundation of relationships;
• implementation between entities in territories adjacent to state borders;
• focus on cross-border movement of people, goods, services, and capital;
• specific participants (individuals/legal entities with different national affiliations);
• medium to long-term relationship duration;
• focus on resolving common issues and achieving socially beneficial outcomes for border populations.

The legal framework for cross-border cooperation in Ukraine has evolved considerably, particularly following the February 7, 2019 constitutional amendments that formalized Ukraine’s European foreign policy direction, elevating this institution to a fundamental constitutional category. As globalization and regional integration progress, further regulatory development should focus on creating effective mechanisms for implementing cross-border projects, expanding regional and local authority powers, and aligning Ukrainian legislation with European standards.