LEGAL REGULATION OF PHYTOSANITARY PASSPORTATION IN THE EU

The article is devoted to the characteristics of the legal features of phytosanitary certification in the EU. A comprehensive analysis of the scientific literature allows us to conclude that currently the scientific doctrine lacks scientific research aimed at determining the legal nature of relations in the field of plant protection in a constantly updated legislation and integration processes. Scientists, especially without delving into the theoretical justification, perceive a certain approach to the legal nature of plant protection relations as something absolutely clear and such that does not require proof. At the same time, it is noted that despite the poorly developed theoretical and methodological principles of legal regulation of plant protection, Ukraine has formed a fairly extensive phytosanitary legislation, based on the Law of Ukraine «On Plant Protection». Particular attention is paid to the characteristics of the main features of the legal features of phytosanitary certification in the EU, in particular: long history and long-term testing; evolution and adjustment; transfer of a significant part of the responsibility for controlling the phytosanitary condition of crop products to private entities. It was found that phytosanitary certification does not always guarantee the actual absence of pests and established the fact that phytosanitary certification performs not only quarantine tasks — it is entrusted with the important task of traceability. This conclusion is confirmed by the analysis of the information specified in the phytosanitary passport. Its main substantive task is to identify the person who carried out operations with plants or plant products. The conclusion is substantiated that the legal features of phytosanitary certification in the EU are the formation of a two-tier system of phytosanitary control: direct operators of the plant market, issuing phytosanitary passports, take responsibility, confirming the satisfactory phytosanitary condition of products that was checked by them (or produced by them, or packaged, or sold, etc.), and public authorities monitor whether such entities are able to properly perform their respective duties.