Cross-border cooperation as a legal institution: conceptual apparatus and regulation

Abstract

The article examines the conceptual and categorical apparatus of cross-border cooperation as a constitutional and legal institution in Ukraine. The study analyzes the evolution of its legal regulation, with particular emphasis on the constitutional amendments of February 7, 2019, which enshrined Ukraine’s European integration course at the fundamental law level and elevated cross-border cooperation to the status of a basic constitutional category. Drawing on the works of leading domestic scholars - S.I. Ustych, A.Yu. Stryzhakova, M.I. Dolishnyi, I.O. Prus, M.D. Lesechko, P.V. Lutsyshyn, N.A. Mikula, I.V. Artyomov, Z.S. Varnalii, and others - the article critically examines existing definitions and approaches to understanding cross-border cooperation in Ukrainian legal science. The article clarifies the content of the key terms «cross-border» and «cooperation», identifies the essential features of cross-border cooperation, and proposes an original definition of this legal category. Cross-border cooperation is defined as a special form of international interaction of individuals and/or legal entities of different nationalities operating in territories bordering the state boundary, carried out on a contractual basis with the aim of solving common problems of border regions and improving the living standards of their population. The article further outlines the principal features distinguishing cross-border cooperation from other forms of international activity, including the contractual nature of relations, special subject composition, focus on the cross-border movement of people, goods, services and capital, the medium- and long-term character of established ties, and orientation toward achieving a socially beneficial effect. Proposals are formulated for improving the regulatory framework in the field of cross-border cooperation in line with European standards and Ukrainian realities.