Zeitschriftenartikel zum Thema „Money – law and legislation – european union countries“
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Dyakovych, Myroslava M., und Mariya O. Mykhayliv. „Legal Status of Electronic Money in Ukraine“. International Journal of Criminology and Sociology 9 (21.10.2021): 3082–88. http://dx.doi.org/10.6000/1929-4409.2020.09.374.
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The lack of a unified theoretical position on the definition of electronic money, insufficient understanding of their technical, economic, and legal nature, the discrepancy in the legal regulation of the circulation of such money in different countries is conditioned by the novelty of the institution of electronic money. In turn, due to the rapid progress, the issue of electronic money is becoming increasingly relevant, attracting the attention of lawyers, economists, and society as a whole. The purpose of this study is to analyse the legal status of electronic money, its advantages and disadvantages, considering the practice of the European Union in this matter. The study used a complex of philosophical and worldview general scientific and special scientific methods. The formal-logical method was used to define the basic concepts and legal categories related to the analysis of the legal status of electronic money in Ukraine. The historical method was used to highlight the process of development and establishment of legal regulation of electronic money in Ukraine. The method of systems analysis allowed to identify and formulate the main conclusions and recommendations for increasing the efficiency of cooperation between Ukraine and the European Union in the field of legal regulation of electronic money. Furthermore, when determining the legal status of electronic money, it is important to consider the legislation of the European Union. The study also analyses the differences in the legal status of electronic money from non-cash, virtual, and digital money.
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Cherniei, Volodymyr, Serhii Cherniavskyi, Alexander Dzhuzha und Viktoria Babanina. „Combating credit fraud: experience of Ukraine and some other European Countries“. Revista Amazonia Investiga 10, Nr. 42 (30.07.2021): 93–102. http://dx.doi.org/10.34069/ai/2021.42.06.9.
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The article is devoted to the study of the peculiarities of combating fraud in the field of finance, in particular, combating crimes in the field of lending. The experience of Ukrainian law enforcement agencies in combating credit fraud has been studied. The experience of some European Union countries in combating financial fraud is analyzed. To achieve the goal of the paper a set of general scientific and special methods was used, such as method of system-structural analysis, dogmatic (formal-logical), historical, general sociological, comparative-legal method and others. It is concluded in the article that the rules of criminal law of Ukraine establish more severe penalties for some crimes compared to EU countries. For example, this applies to crimes in the field of money laundering. On the other hand, some offenses that do not qualify as crimes in Ukraine are recognized as criminal offenses in the EU. For example, this applies to abuses in the field of insurance. According to the results of the study, the solution of some important issues is proposed such as improvement of the current legislation in the field of credit and financial relations, adaptation of the legislation of Ukraine to international norms and standards in the system of credit and financial relations.
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Chernadchuk, T. O., und V. O. Berezovska. „THE POLICY OF THE EUROPEAN UNION ON THE FIGHT AGAINST TERRORISM: THE ANALYSIS OF THE EUROPEAN UNION LEGISLATION AND SOME NATIONAL ANTITERRORISM PROGRAMMES“. Constitutional State, Nr. 48 (19.12.2022): 66–76. http://dx.doi.org/10.18524/2411-2054.2022.48.267964.
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Terrorist attacks strike not only the victims, their friends and families, but also the fundamental principles of the European Union. The choice of the topic of the article is caused by the fact that today the European Union recognizes money laundering, terrorist financing and international terrorism as some of the main threats to its financial system and citizens’ security. The purpose of the article is to analyze the main directions of activities and decisions of the European Union in this area. The methodological basis of the work consists of both general scientific and special methods of scientific knowledge. The EU legislation in the sphere of counter-terrorism was investigated using the analytical method, the method of abstraction gave an opportunity to assess the general current state of legal regulation of the fight against terrorism. The use of the comparative legal approach made it possible to analyze the national antiterrorist programmes of chosen European countries. The logical legal method was applied when formulating conclusions and proposals. The article deals with the issues related to the legal aspects of the fight against international terrorism. The paper investigates the steps taken by the European Union, i.e., the adoption of resolutions and strategies, the signing of treaties, the creation of institutions that function with the purpose to combat and prevent terrorist attacks, which are the constituents of the general concept of the antiterrorist system. The authors indicate the most important treaty provisions and institutions as well as their development and influence on the system of the fight against terrorism by the European Union. The purpose of the article is to analyze the main directions of activities and decisions of the European Union in this area. It has been investigated that the external activities of the EU include the support of countries in improving their judicial systems and the potential of law enforcement authorities as well as the integration of European antiterrorist legislation into their security strategies. In the studied countries, the systematic approach to the fight against terrorism is clearly visible.
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Naturkach, R. P. „Purpose of the monetary policy of the central banks of the EU participating countries“. Uzhhorod National University Herald. Series: Law, Nr. 65 (25.10.2021): 61–64. http://dx.doi.org/10.24144/2307-3322.2021.65.10.
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The scientific article is devoted to the study of the purpose of monetary policy of the central banks of the EU member states. The legislation of the European Union, the member states of the European Union (Germany, France, Poland, the Czech Republic, Spain), as well as the United Kingdom, which left the EU, modern approaches in the science of constitutional and administrative law to determine the monetary policy of central banks EU members. The concept of the purpose of the monetary policy of the Central Banks of the EU member states, the activities and instruments of monetary policy, the functions of the central bank of the EU member state are distinguished. Emphasis is placed on the following regulatory functions of central banks that exist in legal doctrine: 1) management of aggregate money turnover; 2) regulation of the monetary sphere; 3) regulation of supply and demand for credit. The focus is on the fact that the central banks of the EU member states support purchasing power, as well as on the well-known fact: inflation - the slope of financial policy is recognized in economic theory as the most effective. Ensuring the stability of the currency (conducting open market operations or establishing exchange rate policies or reserve requirements, etc.) is a function of the central bank of the state, not the purpose of its activities. The stability of the national unit is also a function of the central bank of the state. It is established that the main purpose of the monetary policy of the central banks of the EU member states is to ensure price stability. In addition, it is argued that this is the inflationary - inclination of financial policy is the most effective. Accounting policy, interest rate policy, regulation of reserve requirements, money supply, open market operations and credit operations, interest rates, reserve requirements of banks are the activities and instruments of monetary policy of central banks. members of the EU, not the purpose of monetary policy.
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Marino, Giuseppe. „International and European Measures for De-offshoring: Global Ambitions and Local Hypocrisies“. Intertax 45, Issue 8/9 (01.08.2017): 527–42. http://dx.doi.org/10.54648/taxi2017044.
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This article discusses the most sophisticated measures put in place in recent years at international level and within the European Union, for deoffshoring the world. Most of them have a common ground in the automatic exchange of information among countries which certainly represents an unimaginable tsunami wave rapidly increasing in power due to the interconnections with anti-money laundering and terrorist financing legislations. However, whether it is more likely than not that in the long run the world will be affected by these innovative forms of cooperation (the sticks), many doubts arise on the rate of success of de-offshoring in the short term. Indeed, each single State of the international community still prefers to take care of its own interest with unilateral measures (the carrots) bringing back home alone its slice of the undeclared financial assets, and doing so, why not, trying to eat the revenue of other States, so inducing to offshoring again. The reality is a never ending story.
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Voron, Diana. „Peculiarities of pre-trial settlement of administrative disputes in Ukraine and foreign countries“. Visegrad Journal on Human Rights, Nr. 1 (06.05.2024): 119–23. http://dx.doi.org/10.61345/1339-7915.2024.1.19.
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In the article, the author examines the pre-trial settlement of administrative disputes in Ukraine and foreign countries. Attention is focused on the fact that in connection with the introduction of the state of war in Ukraine, the burden on those courts that have the opportunity to hear cases is increasing because there is a sufficient number of judges, hostilities are not taking place, or the territory on which the court is located is de-occupied. In such conditions, there is a growing need to use alternative methods of dispute settlement, namely mediation and conciliation. The author highlights the issue of applying these methods – the subject composition of a public- law dispute as a civil servant who does not have a sufficient number of powers to use alternative methods of dispute settlement stays as the mandatory participant in such a dispute, he is limited in decision-making. Therefore, the article provides a suggestion to expand the discretionary powers of the subject of authority. The positive aspects of mediation are indicated. It contributes to the increase of trust and the establishment of partnership relations between the subject of authority and a private person. A necessary step is to introduce changes to the current legislation of Ukraine and grant the subject of authority the right to offer individuals or legal entities a mediation procedure in order to find a mutually beneficial solution. The author pays particular focus to the use of mediation in Israel. The use of mediation in the member states of the European Union, in particular Italy and Poland, is also being studied. The positive sides of conciliation in Ukraine and the United Kingdom are also studied, and the problems that arise in practice and ways to solve them are specified. The author comes to the conclusion that in the conditions of the state of war, it is indispensable to use alternative methods of resolving disputes, as this will lead to the relief of the judicial branch of government, the search for a mutually beneficial solution for both parties, the absence of corruption, preserving time and money for both individuals and legal entities, as well as for the subject of authority.
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Voron, D. L. „Peculiarities of pre-trial settlement of administrative disputes in Ukraine and in foreign countries“. Analytical and Comparative Jurisprudence, Nr. 2 (11.05.2024): 403–7. http://dx.doi.org/10.24144/2788-6018.2024.02.68.
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In the article, the author examines the pre-trial settlement of administrative disputes in Ukraine and foreign countries. Attention is focused on the fact that in connection with the introduction of the state of war in Ukraine, the burden on those courts that have the opportunity to hear cases is increasing because there is a sufficient number of judges, hostilities are not taking place, or the territory on which the court is located is deoccupied. In such conditions, there is a growing need to use alternative methods of dispute settlement, namely mediation and conciliation. The author highlights the issue of applying these methods - the subject composition of a public-law dispute as a civil servant who does not have a sufficient number of powers to use alternative methods of dispute settlement stays as the mandatory participant in such a dispute, he is limited in decision-making. Therefore, the article provides a suggestion to expand the discretionary powers of the subject of authority. The positive aspects of mediation are indicated. It contributes to the increase of trust and the establishment of partnership relations between the subject of authority and a private person. A necessary step is to introduce changes to the current legislation of Ukraine and grant the subject of authority the right to offer individuals or legal entities a mediation procedure in order to find a mutually beneficial solution. The author pays particular focus to the use of mediation in Israel. The use of mediation in the member states of the European Union, in particular Italy and Poland, is also being studied. The positive sides of conciliation in Ukraine and the United Kingdom are also studied, and the problems that arise in practice and ways to solve them are specified. The author comes to the conclusion that in the conditions of the state of war, it is indispensable to use alternative methods of resolving disputes, as this will lead to the relief of the judicial branch of government, the search for a mutually beneficial solution for both parties, the absence of corruption, preserving time and money for both individuals and legal entities, as well as for the subject of authority.
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Kryshevych, Olha, und Inna Roschyna. „Migration and human trafficking in the conditions of armed conflict: relationship and consequences“. Migration & Law 3, Nr. 1-2 (Januar 2023): 42–53. http://dx.doi.org/10.32752/2786-5185-2023-3-1-2-42-53.
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One of the key principles of the national foreign policy is to ensure Ukraine's integration into the European political, economic, and legal space with the aim of gaining membership in the European Union. For this purpose, the authorities in our country ratified international treaties and adopted a number of laws, which, both in the pre-war period and during martial law, significantly reduced the level of offenses in the field of human trafficking, since millions of Ukrainians have been abroad since the beginning of the war, and together with the temporary protection, refugees gained access to the labor market in European countries. At the current stage of state formation, migration has become an element of the movement of people in many countries of the world, since migration policy in European countries is an important factor in ensuring the national security of the states of the European Union and migration processes require constant and proper control by state authorities. In the context of the strengthening of civil society institutions in Ukraine as a democratic, social, legal state, the study of the issues of legislative protection of human and citizen rights and freedoms in Ukraine, among which the right to freedom of movement occupies a special place. And the number one issue is irregular migration, which is a choice between security and ghostly earnings. Labor migration is a quick and popular way to earn a significant amount of money, but this easy availability of earnings has another side – fraud, which is a very widespread phenomenon in the labor migration market and it starts with offers of illegal employment abroad, and sometimes ends with real labor slavery. There are problematic situations of silencing cases of discrimination abroad, because it is connected with insufficient awareness of our compatriots about their rights and the mechanisms for their protection, because when they find themselves in such situations, people do not know where to turn for help or are afraid of losing their jobs, because most of them are labor-related by migrants and spreading negative information about them by employers can lead to job loss. It is possible to outline several groups of risks regarding persons who are potentially more prone to falling into fraudulent schemes. First, people who agree to leave illegally to work abroad because the promise of a higher salary works, because the employer does not pay taxes for the employee. Key words: migration; fraud; criminal liability; deception; breach of trust; employment fraud schemes
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Lehmann, Matthias. „BAIL-IN AND PRIVATE INTERNATIONAL LAW: HOW TO MAKE BANK RESOLUTION MEASURES EFFECTIVE ACROSS BORDERS“. International and Comparative Law Quarterly 66, Nr. 1 (21.12.2016): 107–42. http://dx.doi.org/10.1017/s0020589316000555.
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AbstractBank resolution is key to avoiding a repetition of the global financial crisis, where failing financial institutions had to be bailed out with taxpayers’ money. It permits recapitalizing banks or alternatively winding them down in an orderly fashion without creating systemic risk. Resolution measures, however, suffer from structural weakness. They are taken by States with territorially limited powers, yet they concern entities or groups with global activities and assets in many countries. Under traditional rules of private international law, these activities and assets are governed by the law of other States, which is beyond the remit of the State undertaking the resolution. This paper illustrates the conflict between resolution and private international law by taking the example of the European Union, where the limitations of cross-border issues are most acute. It explains the techniques and mechanisms provided in the Bank Resolution and Recovery Directive (BRRD) and the Single Resolution Mechanism (SRM) Regulation to make resolution measures effective in intra-Eurozone cases, in intra-EU conflicts with non-Euro Member States and in relation to third States. However, it also shows divergences in the BRRD's transposition into national law and flaws that have been uncovered through first cases decided by national courts. A brief overview of third country regimes furthermore highlights the problems in obtaining recognition of EU resolution measures abroad. This article argues that regulatory cooperation alone is insufficient to overcome these shortcomings. It stresses that the effectiveness of resolution will ultimately depend on the courts. Therefore, mere soft law principles of regulatory cooperation are insufficient. A more stable and uniform text on resolution is required, which could take the form of a legislative guide or, ideally, of a model law. It is submitted that such a text could pave the way for greater effectiveness of cross-border resolution.
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Zavadska, Anhelina, und Stanislav Vodolazkii. „Problems of formation of business angels in the innovative process of Ukraine“. Law and innovative society, Nr. 2 (15) (04.01.2020): 122–27. http://dx.doi.org/10.37772/2309-9275-2020-2(15)-19.
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Problem setting. The article examines the problems of the legislative definition of business angels, and also summarizes the terminology of this subject of innovation infrastructure. Also, in the article we try to find out the legislative consolidation of the term of “business angel” in the countries of the European Union, which further development and functioning is investigated. The importance of them is determined at the national level to consolidate in a special law the definition and procedure for the provision of investments by business angels. Analysis of resent researches and publications. Business angels are relevant, because for many Ukrainian entrepreneurs and companies there is a problem of financing. Thus, the study of this topic in their scientific works engaged in such outstanding scientists A.M. Lieutenant and LL Antonyuk, S. Valdaytsev, K. Pinyugin, O. Kashirin, O. Semenov, A. Karzhauv, O. Folomentyev, Benjamin J., Margulis J., Ammosov YP, Brian Hill, Dn. Power, N. Fonstein, A. Halytsky and other scientists. The target of research. There is a study of the essence and legal definition of the term business angels. Research of national and foreign private investors (business angels), as well as, outlining of reality of regulation in national legislation of the procedure for providing business angels to invest. Article’s main body. A business angel is a person who invests money in projects that often exist only as an idea. At this stage, a young campaign or entrepreneur funds of the development and implementation plan often have nothing to begin a startup, because there is nothing to interest serious investment funds. In this case, angels come to the aid of investors. It should be emphasized that investors, when they see a prospect in the idea, and believe in the future this idea will appeal to society and will find further improvement and development, business angels, usually, invest in this business the necessary and sufficient amount of their own funds. This is what distinguishes business angels from venture investors, who manages other people’s capital. So, it should be noted that they receive not only a share in the campaign, but sometimes even a blocking stake, what allows them to influence decisions made by the owner. In the research, Shevchenko O.M gives the following definition that business angels are private venture investors who invest their financial resources, as well as, personal time and abilities in little-known young innovative companies with the expectation of commercial profit. In addition, by providing start-up capital, private investors bring to the company the most valuable thing — professional and managerial experience (which is, usually, lacking in companies in the early stages of development), as well as, the necessary connections and reputational support. Conclusions and prospects of the development. Therefore, analyzing all of the above, the following conclusions should be next: firstly, the functioning of such a new institution in innovation law as business angels is an effective source of stimulating innovation by providing financial and information and communication support to entrepreneurs; secondly, it should be emphasized that further development and implementation in Ukraine requires its own legislation in a special Law of Ukraine.
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Tylchyk, Olha, Olena Dragan und Olena Nazymko. „ESTABLISHING THE RATIO OF CONCEPTS OF COUNTERACTION TO LEGALIZATION (LAUNDERING) OF ILLEGALLY-OBTAINED INCOME AND COUNTERACTION TO THE SHADOW ECONOMY: THE IMPORTANCE FOR DETERMINING PERFORMANCE INDICATORS OF THE EUROPEAN INTEGRATION PROCESSES“. Baltic Journal of Economic Studies 4, Nr. 4 (September 2018): 341–45. http://dx.doi.org/10.30525/2256-0742/2018-4-4-341-345.
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The vast majority of reports from governments of the European Union member states and applicants for such membership contain a separate provision on ensuring their effectiveness in the system of combating money laundering and terrorist financing, adherence to the requirements of leading international groups and organizations for such measures. In particular, the assessment of compliance with the 40 Recommendations of the Financial Action Task Force (FATF) on combating money laundering and counteraction to terrorist financing, conducted in Ukraine in 2017 and ended with the relevant report of the Committee of Experts of the Council of Europe MONEYVAL (Report, 2018), is systematically evaluated. The mentioned monitoring body of the Council of Europe assesses, in particular, compliance with the main international standards of organizational, technical, and legal provision of counteraction actors in the respective country, making emphasis on the fact that corruption and illegal (shadow) economic activity (and, according to a well-founded author’s approach – “shadowing of the economy” – Tylchyk, 2017) are the main threats (risks) of money laundering (Report, 2018). Today it is possible to state the awareness of the need to introduce generally accepted standards into the practice of special subjects of providing economic security, although in the absence of a single vision of their place in the overall system of subjects of national security. At the same time, there is a significant complication regarding the gradual, system, and systematic nature of this activity, which is determined by the aggravation of social tension in society, external aggression, features of the formation of domestic doctrine and legislation traditionally oriented towards the application of the maximally defined concepts, at the same time, to date contain ambiguous provisions as to the content, in particular, the concept of illegally-obtained income, which does not coincide with that specified in the mentioned Standards and other international documents. The above stipulates the urgency to search for optimal ways to eliminate these inconsistencies, which lead to real hampering activities related to providing a counteraction to the legalization (laundering) of illegally-obtained income, in order to secure not only the national interests of Ukraine but also of the entire world. Methodology. The solution of the set purpose is realized using the cognitive potential of the system of philosophical, general scientific, and special methods. Analysis and synthesis allowed identifying the signs of illegally-obtained income, shadow economy, fight against the shadowing of the economy, and forming the latter concept. Methods of grammatical review and interpretation of legal rules helped to identify gaps and other shortcomings of legislation on problems of providing counteraction to the legalization (laundering) of illegally-obtained income, to develop proposals for its improvement, in particular regarding the features of defining the meaning of the concept of “illegally-obtained income” in domestic law field, the correlation of this concept and other economic and legal concepts. The comparative legal method allowed determining the development directions for domestic statutory acts in order to bring them in line with the generally accepted European standards. Practical implications. The level of shadowing of the Ukrainian economy, as well as many other countries of the world, requires the introduction of effective, timely, and consistent measures, in particular, to ensure control over the mentioned processes and create conditions for minimizing the possibilities of legalization (laundering) of illegally-obtained income by the efforts of the system of subjects of providing national (including economic) security to counteract the shadowing of the economy, for which it is necessary to formulate uniform unambiguous basic concepts that are “legalization (laundering) of illegally-obtained income”, “counteraction to the economic shadowing”, which determine the actual direction of the activities of these subjects and correlate the use of appropriate complex measures and facilities.
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Naturkach, R. P. „The purpose and instruments of the monetary policy of the central banks of the EU member states and Great Britain, their legal basis“. Uzhhorod National University Herald. Series: Law 1, Nr. 82 (16.05.2024): 230–34. http://dx.doi.org/10.24144/2307-3322.2024.82.1.34.
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The scientific article is devoted to the study of the purpose of the monetary policy of the central banks of the EU member states and Great Britain, its instruments and legal acts, in which they are fixed. The legislation of the member countries of the European Union (Germany, France, Spain, Poland, the Czech Republic, Hungary) and Great Britain, modern approaches in the science of constitutional and administrative law regarding the definition of the goal of the monetary policy of the central banks of the member countries of the EU, and the range of its instruments are analyzed. Emphasis is placed on the fact that the purpose and functions of national banks are interrelated, but not identical. The concept of the goal of the monetary policy of the Central Banks of the EU member states, the activities and instruments of the monetary policy, the functions of the central bank of the EU member states are delineated. It is argued that reducing the purpose of the activities of the central banks of EU member states and Great Britain exclusively to the implementation of legal regulation of currency circulation in the state and that the main purpose of the central banks of such EU member states as the Czech Republic, Poland, and Hungary is purely to ensure the stability of the currency - is not justified. It is argued that the main joint functions of the central banks of Germany, France, Spain, Poland, the Czech Republic, Hungary and Great Britain are to ensure the stability of the monetary unit, to promote the maintenance of sustainable rates of economic growth, to achieve and maintain price stability in the state, and to support economic policy. It is established that the goal of the monetary policy of the central banks of the EU member states is to ensure price stability, and it is additionally substantiated that the inflationary inclination of the financial policy is the most effective. It was established that the accounting policy, the interest rate policy, and the regulation of mandatory reserve norms, the volume of the money supply, operations on the open market and operations with credit resources, the amount of interest rates, interest rates of the mandatory reserve of banks are not the purpose of monetary and credit policies, instruments of monetary policy of the central banks of EU member states and Great Britain.
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Makhamataminovich, Makhamatov Mahmud. „FEATURES OF THE LABOR LAW OF THE EUROPEAN UNION“. American Journal of Political Science Law and Criminology 03, Nr. 01 (01.01.2022): 80–85. http://dx.doi.org/10.37547/tajpslc/volume04issue01-13.
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The article examines the interaction of the national labor legislation of the member states of the European Union with European labor law, the influence of the Labor law of the European Union on the national legislation of the member states, the features of the labor legislation of the European Union, which differ from the legislation of other countries, a comparative analysis of the labor legislation of the Republic of Uzbekistan.
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Galushko, Dmitriy Viacheslavovich, Natalya Valerievna Oganova, Andrey Leonidovich Belousov, Elena Valerievna Grigorovich und Aleksey Valerievich Sereda. „The EU law and the law of third countries: problems of interaction“. SHS Web of Conferences 118 (2021): 02003. http://dx.doi.org/10.1051/shsconf/202111802003.
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The article discusses the problems of the interaction process of legal systems of international integration organizations with law of states that are not members of those entities. The research has been conducted on the example of the European Union. The authors conclude that the degree of influence of the international treaties between the EU and third countries on the legal orders of these states differs depending on the level of cooperation between the parties, which is precisely determined by such agreements. The European Union law is the main means of spreading the influence of the European Union on the legal systems of non-member states. Approximation of national legislation with the European Union’s acquis is a consistent process of approximation of the legal system of the state, including legislation, lawmaking, legal technique, law enforcement practice in accordance with the criteria set by the Union. Peculiarities of the legal approximation of law of particular states with law of the European Union are determined by the nature of the relationship between those subjects, by the goals set for such cooperation and fixed in mutual international treaties, as well as by the peculiarities of the state mechanism and the legal system of the respective state. Consequently, regarding European Union – Russia interaction in the field, regulatory engagement can be hardly called as efficient, smooth, and cloudless.
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Okuyucu-Ergün, Güne. „Anti-Corruption Legislation In Turkish Law“. German Law Journal 8, Nr. 9 (01.09.2007): 903–14. http://dx.doi.org/10.1017/s2071832200006040.
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Corruption poses an increasingly serious threat against Turkey as well as the rest of the world in many respects. The fight against corruption is crucial, in particular, to achieve an economic and political stability, to attract foreign investors and to establish the rule of law. In addition to those interests, which are common for almost all countries, anti-corruption has a particular importance for Turkey in the achievement of its goal of becoming a European Union member, since anti-corruption is expected to feature prominently in Turkey's talks on European Union accession.
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Cyman, D., E. Gromova und E. Juchnevicius. „Regulation of Artificial Intelligence in BRICS and the European Union“. BRICS Law Journal 8, Nr. 1 (11.04.2021): 86–115. http://dx.doi.org/10.21684/2412-2343-2021-8-1-86-115.
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Global digitization and the emergence of Artificial Intelligence-based technologies pose challenges for all countries. The BRICS and European Union countries are no exception. BRICS as well as the European Union seek to strengthen their positions as leading actors on the world stage. At the present time, an essential means of doing so is for BRICS and the EU to implement smart policy and create suitable conditions for the development of digital technologies, including AI. For this reason, one of the most important tasks for BRICS and the EU is to develop an adequate approach to the regulation of AI-based technologies. This research paper is an analysis of the current approaches to the regulation of AI at the BRICS group level, in each of the BRICS countries, and in the European Union. The analysis is based on the application of comparative and formal juridical analysis of the legislation of the selected countries on AI and other digital technologies. The results of the analysis lead the authors to conclude that it is necessary to design ageneral approach to the regulation of these technologies for the BRICS countries similar to the approach chosen in the EU (the trustworthy approach) and to upgrade this legislation to achieve positive effects from digital transformation. The authors offer several suggestions for optimization of the provisions of the legislation, including designing a model legal act in the sphere of AI.
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Vasylieva, Valentyna, und Anatolii Kostruba. „Corporate law in Ukraine within the framework of approaching the European Union standards“. Law Review of Kyiv University of Law, Nr. 1 (15.04.2020): 181–88. http://dx.doi.org/10.36695/2219-5521.1.2020.37.
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The article is devoted to adaptation of the national corporate law to the law of European Union`s corporations.
Special attention has been given to define the legal nature of the corporation.
It is concluded that there is no established understanding of the above concepts in national legal science.
The main approaches to the corporate legal nature in particular European systems of justice - in FRG, France, England - are considered in depth. Significant differences between the legislation of Ukraine and legislation of the European Union countries based on the history of their development and peculiarities of specific national systems of justice are detected.
The regulation of corporate relations in the European Union at supranational level is considered. It is concluded that the European Union supranational law is its corporate law.
The priority areas for unification of European corporate law at the supranational level are analyzed. The main instruments to adjust the activities of corporations in EU law are identified to be the Directives aimed at harmonizing and unifying national legislation of EU Member States.
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Timofeyeva, Liliya. „EUROPEAN INTEGRATION CHALLENGES IN THE CRIMINAL LAW POLICY OF UKRAINE IN WAR REGIME“. European Historical Studies, Nr. 21 (2022): 18–27. http://dx.doi.org/10.17721/2524-048x.2022.21.2.
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Ukraine’s European integration direction has led to a set of significant changes in legislation and practice. Obviously, this is a high price, but the war has brought Ukraine closer to joining the European Union than ever before. On February 28, 2022, President Volodymyr Zelensky signed an application for Ukraine’s membership in the European Union. On April 8, 2022, during a visit to Kyiv by the President of the European Commission Ursula von der Leyen, a questionnaire was personally handed over to the Ukrainian side to obtain Ukraine’s candidate status for membership in the European Union. The war in Ukraine showed the effectiveness of European values. It showed their importance not only in the documents, but in concrete steps towards Ukraine’s meeting with European countries, in particular in sanctions against the Russian Federation, its oligarchs, diplomats and high-ranking officials. At the same time, harmonization with the legislation of the European Union still requires comprehensive changes in the legislation of Ukraine, in particular criminal legislation. Moreover, necessity of movement to European values and principles has been identified. Each state is sovereign and unique in the peculiarities of its legal regulation. However European countries are united with the values. The Association Agreement highlights in particular the following values: respect for the rule of law, human rights and fundamental freedoms, non-discrimination, and respect for diversity. The last but not the least, it should be noted that Ukraine has already taken some steps towards such an approximation, but there are still many unresolved issues, including methodological. The draft of the new criminal legislation of Ukraine, which is being developed by the Working Group from 2019, should take into account the peculiarities of European law, but also preserve national peculiarities. European sanctions are not so fast, but over time they will prove effective as a response to war crimes by another state.
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Bortnyk, Nadiya, Julia Tsurcan-Saifulina und Oleksandr Kotukha. „ESSENCE AND CONTENT OF CATEGORY “FINANCIAL INVESTIGATIONS” AND CONCEPT DEVELOPMENT AMID EUROPEAN INTEGRATION“. Baltic Journal of Economic Studies 4, Nr. 5 (11.02.2019): 36. http://dx.doi.org/10.30525/2256-0742/2018-4-5-36-39.
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The article carries out analysis of essence and content of financial investigations as one of the main countermeasures to shadowing the economy and, in particular, anti-money laundering. Features of the implementation of the FATF Recommendations and other international organizations regarding the legal and institutional support of conducting financial investigations in Ukraine and other European Union countries are determined. Systematization of scientific views on the definition of “financial investigation” and the practice of carrying out the relevant activities both in foreign countries and in Ukraine allowed formulating approaches to the unification of the term “financial investigation” in the national scientific format. The methodological basis of the research consists of general scientific and special methods and techniques of scientific knowledge, which are used as a single set, namely, the logical-semantic method, the method of convergence, and also the formal-logical method are chosen to define the concepts of “financial investigation”, “analytical research”, “anti-money laundering”, “interaction of subjects of the national system of anti-money laundering”, etc. The comparative legal method is used to study the positive foreign and domestic experience of institutional and legal provision of financial investigations in the fight against money laundering, as well as to analyse and characterize the requirements of international organizations regarding the implementation of European Union legislation in the domestic legislation on issues of the legal framework for anti-money laundering. Practical implications of the paper are to reveal and systematize problems to be solved by improving the domestic legal and regulatory framework for organizing financial investigations in the system of anti-money laundering measures, while the new principles of its formation proposed by the authors can be implemented in practical terms and result in improving the information and spatial format and enhancing the interaction of the subjects of ensuring national economic security.
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Krämer, Ludwig. „Climate change and EU legal initiatives regarding water availability“. Journal for European Environmental & Planning Law 6, Nr. 4 (2009): 461–80. http://dx.doi.org/10.1163/161372709x12608898676878.
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AbstractDiscussions on climate change legislation concentrate on measures relating to the emission of greenhouse gases. The present contribution tries to have a look at the impact of water availability within the European Union and to examine the need for EU legislation in this area, starting from the fact that the EU has, until now, not considered water availability to be a topic which deserves specific attention by the Union. The articles points at the serious impact which water scarcity is likely to have in particular, though not exclusively, in Southern European countries and passes in review a number of possible options for EU wide legislation.
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Bree, Axel. „The Organisation of Waste Management in the European Union Member States“. Journal for European Environmental & Planning Law 2, Nr. 6 (2005): 478–89. http://dx.doi.org/10.1163/187601005x00471.
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AbstractThe organisation of waste management raises an important question: Who has access to waste - the public waste management services or private waste management companies ? The answer has important economic consequences, since waste management is a significant market. At the same time, environmental concerns have to be observed. The framework legislation of the European Community leaves the organisational structure of waste management to the national legislation of the Member States. However, under Community legislation waste is subject to the principle of the free movement of goods, which may be restricted on environmental grounds. Furthermore EU law draws a distinction between waste for disposal, for which shipment can be restricted more easily, and waste for recovery, which is subject to less stringent control procedures. Given the broad European framework, this article explores the national legislation in most EU countries. It aims to analyse the approach taken by the national legislators to find a way between public service and private autonomy. In conclusion, it seems clear that in the countries examined an important distinction is made between household and industrial waste. Only Germany has adopted the European distinction between waste for recovery and waste for disposal as a major criterion for the allocation of the waste streams between public and private entities, whereas in the other Member States this criterion only plays an insignificant, if any, role at all.
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Rochette, Gustavo. „Is the French Nuclear Strategy Lawful Under EU Law? Article 194(2) TFEU and Its Limitations“. European Energy and Environmental Law Review 29, Issue 6 (01.12.2020): 232–39. http://dx.doi.org/10.54648/eelr2020047.
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The Fukushima Daishii nuclear disaster lead countries to change their nuclear approaches changed drastically. Although being a traditionally pronuclear country, France followed this tendency by approving a strategy to reduce its nuclear portfolio. Under European law this development is permitted by the right to right to determine its own energy mix include in Article 194(2) of the Treaty of Functioning of the European Union. However, other European legislation that may influence this decision was not considered. This legislation may limit this right and the policy by itself. This article tries to show how, although possible due to the right to determine its own energy mix, the French nuclear strategy may be unlawful under the EU law, namely the European Atomic Energy Community Treaty and the primary and secondary legislation regarding Security of Energy Supply. Nuclear Energy, French Nuclear sector, European Union, Energy mix, TFEU, Euratom, Energy Security, European Energy policy
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Grechkivskyi, V. D. „Reform of competition legislation in Ukraine“. Analytical and Comparative Jurisprudence, Nr. 5 (17.11.2023): 582–85. http://dx.doi.org/10.24144/2788-6018.2023.05.104.
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The scientific article is devoted to determining the specifics of the reform of competition legislation in Ukraine. On the path of European integration, Ukraine faces the need to reform certain spheres of state power, in particular in the area of regulation of competition law, following the example of the countries of the European Union. By signing the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other hand, Ukraine undertook to fulfill a number of provisions on bringing national legislation into line with the legislation of European countries. One of the directions of bringing national legislation to the legislation of European countries is the need for compliance with national legislation, in particular Article 256 of the Association Agreement, the provisions of which will be analyzed in this scientific article. In addition, the provisions of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Improving the Activities of the Antimonopoly Committee of Ukraine” dated August 9, 2023 3295IX, adopted by the Verkhovna Rada of Ukraine, will be analyzed. The article will also note that the reform of competition legislation in Ukraine consists in the implementation of this law, the provisions of which will enter into force in 2024. The article will point out the shortcomings and advantages of this Law and determine the main provisions that will ensure compliance of national competition legislation with the provisions of the Association Agreement. The specifics of the changes that will take place in the Antimonopoly Committee of Ukraine in the process of implementing the norms of the above-mentioned Law, as well as the specifics of the changes in economic procedural legal relations, will also be considered. In addition, the scientific article will reveal how the relevant law will affect the activities of the notary and the National Police in Ukraine.
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Kuznetsov, A. V. „Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic“. Sociology and Law, Nr. 4 (31.12.2020): 92–97. http://dx.doi.org/10.35854/2219-6242-2020-4-92-97.
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The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.
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Kuznetsov, A. V. „Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic“. Sociology and Law, Nr. 4 (31.12.2020): 92–97. http://dx.doi.org/10.35854/2219-6242-2020-4-92-97.
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The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.
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Lazarenko, Mykola. „Systematization of private international law in Ukraine and foreign countries: present state and tendencies“. Ukrainian Journal of International Law 3 (30.09.2020): 122–28. http://dx.doi.org/10.36952/uail.2020.3.122-128.
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Systematization of private international law in Ukraine and foreign countries: present state and tendencies.The article deals with the comparative legal analysis of the systematization of the statutory provisions of private international law in the countries of the European Union and some countries of the former Soviet Union. The main arguments regarding different approaches to the systematization of private international law in Ukraine are outlined, as well as the main directions and tendencies of the codification processes of legislation in this area.
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Pankov, Yevhenii, Olha Filipshykh und Dmytro Boichuk. „Problems of the environmental law of the European Union“. Problems of Legality, Nr. 155 (20.12.2021): 273–83. http://dx.doi.org/10.21564/2414-990x.155.243720.
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The problem of ecology is one of the most common problems of the twenty-first century. No country is immune: no country has better military equipment, no country with low inflation, no country with “perfect” legislation. The purpose of the article was to clarify legislative issues: European Union legislation was outdated, general and lacking in specificity. To address these problems, this article uses different approaches to the definition of environmental security, which makes it necessary to change the concept and the actions within which the definition is adopted. The article goes on to discuss the position of realists who argue that environmental security cannot be set because of lack of accountability “the importance” of the issue of “high” issues. Thus, the paper refers to the emergence of environmental security and its long path. This article contains the following changes and provisions: Brundtland Committee (1987), Convention on the Conservation of Nature and Natural Habitats in Europe (1979), International Tropical Timber Agreement (1983) as well as the Convention on Long-range Transboundary Air Pollution (1979), the Maastricht Treaty (1992), the Hazardous Substances Directives, the impact of EU measures on the environment and the Animal Protection Directive. In addition, the article exposes Programs designed to ensure and regulate environmental safety. The report of the European Environment Agency was also reviewed and a comparative analysis of the data contained in the report and the British Broadcasting Corporation estimates was made. The authors draw attention to several directives, calling them “triumvirate”, which provide the basis for countries to regulate some environmental legislation. Almost in the end of the paper the authors pay attention to the phenomenon of environmental ethics, which is a consequence of imperfect legislation. In its conclusion, the article states that the problems that arise from the lack of accountability of legal acts of a real environmental situation occur in the member states, taking into account the special case of the European Union.
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Лазарева, Наталья, und Natalya Lazareva. „HISTORY OF CRIMINAL LEGISLATION DEVELOPMENT IN SLOVAKIA“. Journal of Foreign Legislation and Comparative Law 1, Nr. 5 (02.12.2015): 0. http://dx.doi.org/10.12737/16140.
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The subject of this research is criminal legislation of the Slovak Republic since the merge of Slovakia in the AustroHungarian Empire (XIX century) to the present day. The article analyzes the emergency criminal legislation of the World War II period, the socialist Criminal Codes of the Czechoslovak Republic (1950, 1961) and the existing Criminal Code of the Slovak Republic of 2005. The article also touches upon the country’s constitutional development on the example of the adopted Constitutions of the Czechoslovak Socialist Republic (1948, 1960) and the Constitution of the Slovak Republic (1992). The author pays special attention to the integration of Slovakia into the European legal framework when it became a member of the European Union in 2004. The article also contains comparative analysis of the main institutions of the criminal law in Russia and Slovakia. During the research the author used the following special methods: historical, logical, and comparative law method, which includes a variety of techniques (doctrinal, regulatory, functional comparison). As opposed to the criminal law of other European Union countries, the Slovak criminal law has remained practically unexplored by the Russian criminal law doctrine. But it is very unique because it comprises the combination of Austrian, German and Russian criminal law ideas which is conditioned by historical peculiarities of this state’s development. On the example of Slovakia, the author demonstrates possibility of combining the national legal legacy and directives of the European Union.
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Bezverkhyi, Kostiantyn. „Accounting in Ukraine: implementation of the European Union directives“. Herald of Ternopil National Economic University, Nr. 1(87) (30.01.2018): 136–51. http://dx.doi.org/10.35774/visnyk2018.01.136.
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The study focuses on changes made to the Law of Ukraine “On Accounting and Financial Reporting in Ukraine” for the purpose of implementing accounting standards to the European Union directives. The object of the research paper is accounting in Ukraine. The purpose of the study is to analyze the current state and development trends of accounting in Ukraine in the context of the implementation of European legislation. Research methods such as analysis, synthesis, induction, deduction, abstraction, idealization and generalization are used to analyze the changes introduced into the Law of Ukraine “On Accounting and Financial Reporting in Ukraine”. Today, Ukraine is moving actively towards the implementation of European legislation into domestic practice, including standards of accounting and financial reporting. Successful implementation of European legislation into domestic accounting practice, first and foremost, requires clarification of differences in accounting and financial reporting. The amendments made to the Law of Ukraine “On Accounting and Financial Reporting in Ukraine” will promote harmonization of national legislation in the field of accounting and financial reporting with the legislation of the European Union countries and the International Financial Reporting Standards. The changes introduced will provide the basis for raising accounting and financial reporting in Ukraine to a qualitatively new level that will enable effective management decision- making by domestic business entities. The results obtained are the basis for accounting and financial reporting in Ukraine, in accordance the norms of the European Union directives. The research results may be used all economic entities in Ukraine in different sectors of the economy.
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Bezverkhyi, Kostiantyn. „Accounting in Ukraine: implementation of the European Union directives“. Herald of Economics, Nr. 1(87) (08.07.2019): 136–51. http://dx.doi.org/10.35774/10.35774/visnyk2018.01.136.
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The study focuses on changes made to the Law of Ukraine “On Accounting and Financial Reporting in Ukraine” for the purpose of implementing accounting standards to the European Union directives. The object of the research paper is accounting in Ukraine. The purpose of the study is to analyze the current state and development trends of accounting in Ukraine in the context of the implementation of European legislation. Research methods such as analysis, synthesis, induction, deduction, abstraction, idealization and generalization are used to analyze the changes introduced into the Law of Ukraine “On Accounting and Financial Reporting in Ukraine”. Today, Ukraine is moving actively towards the implementation of European legislation into domestic practice, including standards of accounting and financial reporting. Successful implementation of European legislation into domestic accounting practice, first and foremost, requires clarification of differences in accounting and financial reporting. The amendments made to the Law of Ukraine “On Accounting and Financial Reporting in Ukraine” will promote harmonization of national legislation in the field of accounting and financial reporting with the legislation of the European Union countries and the International Financial Reporting Standards. The changes introduced will provide the basis for raising accounting and financial reporting in Ukraine to a qualitatively new level that will enable effective management decision- making by domestic business entities. The results obtained are the basis for accounting and financial reporting in Ukraine, in accordance the norms of the European Union directives. The research results may be used all economic entities in Ukraine in different sectors of the economy.
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Putkonen, Hanna, und Birgit Vollm. „Compulsory psychiatric detention and treatment in Finland“. Psychiatric Bulletin 31, Nr. 3 (März 2007): 101–3. http://dx.doi.org/10.1192/pb.bp.106.009472.
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Despite efforts to integrate and harmonise legislation across the member states of the European Union (EU), mental health legislation, including legislation for the detention and treatment of offenders with mental disorders, differs widely across Europe. With changes to the Mental Health Act 1983 in the UK currently underway, investigating the different approaches to compulsory psychiatric care in other countries can be a stimulating and worthwhile exercise. We explored the Finnish mental health law with regard to compulsory admission and treatment and forensic care. Relevant differences between the Finnish approach and legislation in other European countries will be discussed.
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A. Tursynkulova, Dinara, Ainur A. Urisbayeva, Aigul M. Karatayeva, Gulnura A. Khudaiberdina und Yerik B. Akhmetov. „Modern features of law institutions of the European Union“. RIVISTA DI STUDI SULLA SOSTENIBILITA', Nr. 1 (August 2020): 441–58. http://dx.doi.org/10.3280/riss2020-001026.
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The role of the European Union is to understand its legal nature through the struc-tural composition and distribution of powers between the EU institutions, as well as to study the forms and methods of their activities. It is important not only from the standpoint of the participating States, but also in the interests of countries that are not part of the European Union and build their relations with it on the basis of bilateral agreements. The aim of the article is to analyze the modern features of law institutions of the European Union. Legal analysis of such institutions of the European Union as the European Parliament, the European Commission and the EU Court is becoming important condition for the development of international cooperation. This article is devoted to the legal analysis of such institutions of the European Union as the European Parliament, the European Commission and EU Court that participate in the implementation of its tasks and functions, act on its behalf, have the appropriate competence and structure, are endowed with found-ing treaties and legislation of the Union of certain amount of power and apply their inherent forms and methods of activity.
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Jessurun d’Oliveira, Hans Ulrich. „Iberian Nationality Legislation and Sephardic Jews“. European Constitutional Law Review 11, Nr. 01 (Mai 2015): 13–29. http://dx.doi.org/10.1017/s1574019615000036.
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Proposal to grant Spanish nationality to Sephardic Jews – History of Sephardic Jews in Iberia – Sephardim and the Portuguese nationality code – The EU and the nationality laws of the member states – Impact of Union law on the acquisition of Iberian nationalities by Sephardic Jews – European Convention on Nationality – Sephardim from third countries –Micheletti – Nottebohm
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KHRIDOCHKIN, Andriy. „Features of legal support of public administration procedures in the field of intellectual property in the countries of the European Union“. Scientific Bulletin of Flight Academy. Section: Economics, Management and Law 6 (2022): 131–37. http://dx.doi.org/10.33251/2707-8620-2022-6-131-137.
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Abstract. The article deals with the peculiarities of public administration in the field of intellectual property and the conceptual foundations of its procedures in the countries of the European Union. The conceptual foundations of the formation and development of public administration procedures in the field of intellectual property in the countries of the European Union are revealed. The pluralism of approaches to determining public administration procedures in the field of intellectual property in the European Union countries is analyzed. The legal framework of public administration procedures in the field of intellectual property in the countries of the European Union is presented. A modern analysis of the legislation of the European Union for the Protection of Intellectual Property Rights, including: copyright and related rights; protection of rights to inventions; utility models; industrial designs; brands; geographical indications; branded names; plant varieties; layout of semiconductor products; commercial secrecy; as well as legislation on civil law and customs ways to protect intellectual property rights in the European Union, the practice of application. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. At the same time, neither universal international treaties nor national legal regulation in the field of intellectual property can ensure the effectiveness of legal protection of the results of intellectual creative activity. The acts of the European Communities on Public Administration in the field of intellectual property are analyzed. The process of improving public administration procedures in the field of intellectual property in the countries of the European Union is analyzed and the legal framework of this process is presented. The conclusion was made on the relevance of the study of problems of public administration in the field of intellectual property in the countries of the European Union. Key words: European Union, Intellectual Property, Intellectual Property Right, Procedure, Public Administration, Community Court, European Communities, Intellectual Property Sphere.
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Shestak, Viktor, Sergei Katsuba, Tatiana Kvasnikova und Yuri Bokov. „Liability for Violation of Environmental Legislation in the EU“. European Energy and Environmental Law Review 30, Issue 1 (01.03.2021): 9–19. http://dx.doi.org/10.54648/eelr2021002.
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The purpose of this study is to determine the ratio of the legislative mechanisms of administrative and criminal liability for violation of environmental legislation in the legal system of the European Union. Using the methods of political and legal analysis, the comparative legal method and the structure designmethod, the study examines the features of the formation and structure of EU legislative mechanisms in the field of legal regulation of liability for violations of environmental legislation. At the same time, existing problems faced by legislators from the point of view of law enforcement practice in different countries of the European Union are also considered. In the EU, considerable attention is paid to the vector of environmental protection at the supranational level, as well as to the implementation of the acquis communautaire of the environmental legislation into national legislative norms. Nevertheless, the institutions of the European Union have not yet been able to fully achieve complete uniformity with regard to the established environmental liability regime and, accordingly, overcome the difficulties associated with the effective interaction of EU legislation and the realities of national legal systems. At the same time, in European law enforcement practice, administrative measures in matters of environmental responsibility are given preference over measures of criminal responsibility. To date, as evidenced by the study, EU legislators adhere to the position regarding the assignment of criminal prosecution obligations to the national authorities, which is due to the flexibility of law enforcement measures. environmental damage, environmental law, environmental legislation, environmental protection, environmental responsibility, European Union, supranational policy
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Sauron, Jean-Luc. „Le rôle des États membres dans l’administration de l’Union européenne“. Revue française d'administration publique 95, Nr. 1 (2000): 453–63. http://dx.doi.org/10.3406/rfap.2000.3412.
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The Role of Member States in the European Union Administration. The fact that relatively few civil servants work within the European Union is due to the application of Community law by Member States’ administrations under the supervision of the Community’s administration. National administrations have a role to play in the administration of the European Union during the negotiation, and in order to implement the EU legislation. Moreover, national administrations are an indispensable tool in ensuring effective integration of countries seeking to join the Union. This is why these candidate countries must reform their administrations and why all Member States must try to unify their ministerial structures as far as possible, in order to enhance the vertical application of Community law and to facilitate relations between States and between Member States and the Community’s administration.
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Lukasevych-Krutnyk, Iryna. „The concept and methods of harmonisation of the private law legislation of ukraine in the field of provision of transport services with the legislation of the European Union“. Journal of the National Academy of Legal Sciences of Ukraine 27, Nr. 2 (28.06.2020): 91–106. http://dx.doi.org/10.37635/jnalsu.27(2).2020.91-106.
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The article is devoted to the harmonisation of private law legislation of Ukraine in the field of transport services with the legislation of the European Union. The purpose of the study is to formulate the concept and determine the main ways to harmonise the private law of Ukraine in the field of transport services with the legislation of the European Union. The main method of scientific work is the method of legal analysis, the use of which made it possible to identify possible ways to harmonise national legislation in this area to European standards. Based on the analysis of the norms of national legislation and the legislation of the European Union, the terms “harmonisation”, “adaptation” and “approximation” were distinguished. It was proposed to understand the harmonisation of private legislation in the field of transport services with the legislation of the European Union as the process of adjusting Ukrainian legislation on the basis of EU legislation, in particular directives and regulations, in order to bring national legislation in line with their provisions. According to the results of the study, the harmonisation of private law of Ukraine in the field of transport services with EU law occurs in three ways, namely: 1) Ukraine's accession to international regulations in force in the EU, or the signing of bilateral agreements on cooperation in in the field of providing transport services with EU countries; 2) development and adoption of regulatory legal acts of Ukraine in the field of transport services, which take into account the provisions of EU law; 3) implementation into national legislation of the provisions of EU regulations and directives by making changes and additions to the current regulations of Ukraine. The practical significance of the research results is that the theoretical provisions and conclusions can become the basis for further research on the legal regulation of contractual relations for the provision of transport services in the context of European integration processes. The materials of the article can be used in the educational process for the preparation of educational and methodological support and teaching of relevant topics in terms of training courses in civil, contract and contract law, as well as special civil disciplines
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(Bodescu) Cotoc, Corina-Narcisa, Maria Nițu, Mircea Constantin Șcheau und Adeline-Cristina Cozma. „Efficiency of Money Laundering Countermeasures: Case Studies from European Union Member States“. Risks 9, Nr. 6 (17.06.2021): 120. http://dx.doi.org/10.3390/risks9060120.
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The aim of this study is to present the trends and effectiveness of money laundering countermeasures from the perspective of a number of suspicious transactions reported to the Financial Intelligence Units (FIUs), a number of analysis results submitted to law enforcement authorities, and the typologies of cases in European Union Member States. In order to determine the impact of the joint effort in the fight against money laundering, we used descriptive statistics to process the data and case studies from annual reports of the European FIUs for 2018 and 2019. The results of our study highlight the increase in the number of suspicious transactions notices, as well as in their quality level. There is an increasing tendency towards information exchange between European Union countries regarding the suspicion of money laundering, but there is no stable trend for referring cases to law enforcement and other responsible institutions. Based on the available data, it can be concluded that the EU anti money laundering measures are efficient, but further steps are needed to achieve higher international coordination and cooperation.
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Dolgushin, A. „PRINCIPLES OF CLOSED-LOOP ECONOMY IN THE LEGISLATION OF DEVELOPED EUROPEAN COUNTRIES“. Actual directions of scientific researches of the XXI century: theory and practice 11, Nr. 1 (08.04.2023): 68–90. http://dx.doi.org/10.34220/2308-8877-2023-11-1-68-90.
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The problem of waste management has predetermined the actuality for the countries of the world, including the Russian Federation, to switch from a linear consumption model to a closed-cycle economy model. For the Russian Federation, which plans to develop a federal law on the closed-loop economy in 2024, it is relevant to take into account the experience of developed European countries. The article examines the practices of the transition of developed European countries to a closed-cycle economy, analyzes the legislative consolidation of the principles of a closed-cycle economy. The legislation of the European Union and the national legislation of Sweden, Finland, Germany, Great Britain and France were analyzed. The study revealed that the circular economy has been fixed in waste legislation by separate provisions evolutionarily since the 1970s, while the legislation of the European Union on waste is constantly being improved, adopting the experience of countries such as Sweden, Finland and Germany. The identified basic provisions and principles were translated, compared in semantic and terminological meaning, systematized and grouped into 7 basic principles that can form the basis for the development of the concept of a circular economy or legislative regulation of the closed-cycle economy in the Russian Federation.
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Kozhura, Liudmila, Svitlana Zadereiko und Andrii Omelchenko. „SYSTEM OF ECONOMIC MEANS OF STATE ADMINISTRATION OF THE RIGHTS OF PEOPLE WITH DISABILITIES TO HEALTHCARE“. Baltic Journal of Economic Studies 7, Nr. 4 (27.09.2021): 101–7. http://dx.doi.org/10.30525/2256-0742/2021-7-4-101-107.
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At the current stage of the development of society the problem of social protection and state support for people with disabilities is particularly relevant and requires reform and improvement. Ukraine, as a country aspiring to join the European Union, should take into account the best foreign experience of the leading countries of the world in the field of state policy to support people with disabilities and its implementation. The process of reforming the national healthcare system demonstrated the ineffective policy in this area, the high level of corruption and the inability to transform this system to the level of world standards of medical care, especially for people with disabilities. The problem of disability in Ukraine is becoming particularly acute. The goal of this article is to investigate the system of economic means of state administration of the rights of people with disabilities to healthcare, to identify the areas of budgetary management and the formation of a new mechanism of economic administration. Scientific analysis was carried out by using the method of systematic approach and analysis, which enabled us to study theoretical aspects of economic methods of state administration of the right of people with disabilities to healthcare, formation of the budget management in Ukraine for the economic security of the rights to healthcare, and features of the new mechanism of the economic administration of the right of people with disabilities to health care. It has been researched that along with administrative methods of state management of the right to health protection of people with disabilities the economic group of methods is important. These include programs of economic development of health care, rehabilitation programs for people with disabilities, implementation of pilot projects to change the mechanism of financial support for operative treatment, etc. Methods of regulating influence (indirect management) are becoming increasingly important, and economical methods of management belong to them. Implementation ensures that the financial and material interests of the management objects are satisfied through the activities of its subjects, which create favorable conditions for achieving the goals and objectives of management. For example, local self-government bodies, within the limits of their competence, can finance local programs for the development and support of community healthcare institutions. In 2019, a new mechanism of rehabilitation support for children with disabilities was introduced based on the principle of "money follows the people", which should ensure targeting, transparency and improve the quality of rehabilitation services. Resources are divided vertically among regional bodies, which divide budgetary funds among local bodies in proportion to the number of children who require rehabilitation measures, according to the place of their residence (location). The national legislation also reflects the norms that created the conditions for the implementation of the right to work of people with disabilities, as well as ratified Convention on the Rights of Persons with Disabilities and the ILO Convention on professional rehabilitation. From the point of view of the Ministry of Healthcare of Ukraine, the funds allocated by the state are extremely insufficient for the uninterrupted functioning of the medical system. In its budget memorandum for 2021 the ministry has allocated twice as much – 296 billion UAH, 225 billion UAH of which for the implementation of the medical guarantee program (which is 5% of GDP, as required by the Law of Ukraine "On State Financial Guarantees of Medical Services to Population"). But the proposals of the Ministry of Health both at the time of formation of the state budget and at the time of its approval were not taken into account. The requirement of the Law of Ukraine "On State Financial Guarantees of Medical Services to the Population" for the establishment of financing of the program of medical guarantees at the level of 5% of GDP was lengthened for one more year.
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Sadomovskaya, M. E. „Legal Aspects of Combating Terrorism Financing and Money Laundering using Informal Money Transfer Systems in the European Union“. Actual Problems of Russian Law 15, Nr. 7 (07.08.2020): 169–79. http://dx.doi.org/10.17803/1994-1471.2020.116.7.169-179.
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Currently, in the European Union, in addition to traditional money transfer systems (bank transfers, Western Union, etc.), informal (alternative) systems have spread. The most famous and widespread is hawala, which originated in South Asia many centuries ago, long before the banking system, and is still the most familiar and convenient mechanism for transferring funds in several regions of North Africa and the Middle East. Hawala operates outside the regulated banking and financial sector primarily through a complex settlement system: there is no actual transfer of funds within this system. In most countries, hawala is not regulated by law and is not subject to government supervision. All these factors contribute to the increased risk of money laundering and terrorist financing (ML/TF risk). The paper examines the key characteristics of hawala, its types, circumstances that caused its spread, the features of the system’s functioning, and overviews the main measures of the European Union aimed at reducing the risk of ML / TF, which are a characteristic of hawala.
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Barskyy, V. R., und D. Yu Dvornichenko. „HARMONIZATION OF UKRAINIAN AND EUROPEAN UNION LEGISLATION ON THE PROTECTION OF THE RIGHTS TO GEOGRAPHICAL INDICATIONS: BACKGROUND, SITUATION AND PROSPECTS“. Constitutional State, Nr. 42 (07.07.2021): 115–24. http://dx.doi.org/10.18524/2411-2054.2021.42.232407.
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The article is devoted to the issue of harmonization of the legislation of Ukraine and the European Union on geographical indications. The study of the influence of the European experience in the field of protection of geographical indications is explained by the systemic reform of this institution in Ukraine. The protection of geographical indications is becoming increasingly important in the context of a gradual increase in trade between Ukraine and the European Union. Based on the analysis of the correlation of the EU law with the legislation of its member-states in the field of protection of geographical indications, a forecast of the development of this legal field in Ukraine is provided and the current tasks related to its revision and development are determined. The system of protection of geographical indications of the European Union is constantly adapted to the needs of the market. Current trends in its development include the gradual merging of the sovereignty of member states in the field of intellectual property protection, which in the long run may lead to the disappearance of relevant areas of national legislation of individual countries. Therefore, Ukraine must adapt to this trend as soon as possible at the legislative level. The ratio of sources of national legislation of Ukraine and acts of the European Union indicates that the latter significantly affect the development and functioning of the relevant legal field of Ukraine. Firstly, the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, is an element of the national legal system and can be directly applied to the relevant legal relationship. Secondly, the acts of the European Union on the protection of geographical values determine the directions and parameters of the development of national legislation of Ukraine in the relevant field. In particular, the harmonization of the legislation of Ukraine to the European Union standards on geographical indications has led to amendments to the Civil Code, Economic Code and the adoption of a new version of the law “On legal protection of geographical indications”.
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Prots, I. M. „Money issue and money circulation: concept and essence“. Uzhhorod National University Herald. Series: Law, Nr. 67 (16.01.2022): 215–19. http://dx.doi.org/10.24144/2307-3322.2021.67.41.
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The article is devoted to the research with the use of a comprehensive systematic analysis of the current state of money issuance and money circulation in Ukraine in the context of the implementation of the Association Agreement between Ukraine and the European Union. The current national financial legislation and the experience of formation of money issue and money circulation in the European Union are considered. It is noted that the issuance of money is an important element of the monetary system of the state. The monetary system is a certain model, type of organization of money issue and money circulation, which is enshrined in law, which exists only through the establishment of rules for the organization of money issue and circulation in mandatory regulations. Under the issuance of cash means the issuance of cash in order to increase the money supply in the economic circulation of the state. The reverse issue procedure is the withdrawal of money from circulation, which is aimed at stimulating the state's economy. It is stated that money circulation is an integral part of the financial system of the state, as the established mechanism of money circulation regulation is the foundation for the development of banking and investment activities in the state with foreign capital, optimization of financial services market, including insurance. The issue of money in circulation is constant. Non-cash money is issued when credit institutions lend to their customers. Cash is issued in cash when carrying out cash transactions by banks, which issue them to customers from their operating cash registers. Money circulation is a process of cash flow in cash and non-cash forms in the economic circulation of the state, based on certain principles, which are based on and follow from the provisions of the legislation of the country in order to effectively regulate the money supply. To implement the financial functions of the state in the field of formation, distribution and use of monetary funds requires an effective mechanism for organizing and regulating the circulation of money in cash and non-cash forms regulated at the legislative level.
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Marchuk, M., und L. Gudz. „Local elections in the European Union and Ukraine: comparative characteristics“. Uzhhorod National University Herald. Series: Law, Nr. 70 (18.06.2022): 119–23. http://dx.doi.org/10.24144/2307-3322.2022.70.16.
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The article provides a comparative analysis of the electoral legislation of the EU countries and Ukraine at the local level and on the basis of this analysis, the proposals to improve the electoral legislation of Ukraine take into account the experience of the European Union.
The main forms of direct democracy in most EU member countries and Ukraine are fixed at the constitutional level, and the procedure of preparing and holding elections is regulated by special election laws. Domestic electoral legislation is overloaded with detailed norms of procedural aspects, unlike the legislation of EU countries, in which much more attention is paid to the issues of transparency of party financial funds and transparency of election campaign financing, as well as protection of national minorities’ interests.
The main ways of exercising the right to vote not at the place of inclusion in the voter lists in the EU member states were characterized: voting by absentee ballots at specially designated polling stations, voting on the territory of diplomatic and consular missions, voting by mail, proxy voting, mobile voting, voting via the Internet, distance voting. It is noted that the norms in which the institution of a cash deposit is enshrined are discriminatory since they violate the principle of equality of suffrage and create a situation in which candidates are excluded from the political arena on the basis of the property criterion.
Relevant for EU countries is the adoption of measures to create appropriate conditions for the full implementation of the principle of equality of citizens before the law, in particular, to overcome the actual inequality of opportunities between women and men.
In order to bring Ukrainian legislation in line with international standards set by the European Union, we propose: to grant the right to vote in local elections to citizens of other states or stateless persons who permanently reside on the territory of the respective territorial community and permanently pay local taxes and fees have common local interests related to everyday life, infrastructure, communication, recreation; to introduce electronic voting; not to apply the institution of cash deposit at the local level; to introduce individual (party) gender quotas, following the French example.
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Cherneha, Vitalii, Iryna Hrytsai, Tetiana Tarasevych, Viktor Savchenko und Hanna Krushelnytska. „Rights of a child born through the use of assisted reproductive technologies in the EU countries and Ukraine“. Revista Amazonia Investiga 11, Nr. 53 (04.07.2021): 101–10. http://dx.doi.org/10.34069/ai/2022.53.05.10.
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This article aims to identify the features of the European Union and Ukraine legislation on the rights of children born through reproductive technologies and the practice of its application. To achieve this goal, first of all, an analysis of an array of sources in the field of the rights of children born with the help of reproductive technologies was carried out. The paper compares the legislation and practice of the European Union and Ukraine regarding the rights of children born with the use of reproductive technologies, which was achieved through comparative law. The historical-legal method has made it possible to outline the changes that have taken place in the approaches to the rights of children born with the help of reproductive technologies in countries whose legislation and practice have been specially studied. The synthesis method was applied, which helped to form a comprehensive vision of the rights of children born with the help of reproductive technologies in the European Union and Ukraine countries. The direction of research on ensuring and guaranteeing the right to life of children born with the help of reproductive technologies is promising.
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Martirosyan, Diana G. „LEGAL LABOR MIGRATION REGULATION FROM THIRD COUNTRIES UNDER EUROPEAN UNION LAW“. SCIENTIFIC REVIEW. SERIES 1. ECONOMICS AND LAW, Nr. 1 (2022): 121–31. http://dx.doi.org/10.26653/2076-4650-2022-1-09.
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The article deals with the EU legal framework in the sphere of regulation of legal labor migration of citizens from third countries. In recent years this issue has become one of the most discussed in the European Union due to the migration crisis and the development of geopolitical transformations. By examining the relevant provisions of primary and secondary EU law, especially certain provisions of EU secondary legislation, as well as the case law of the Court of Justice of the European Union (hereinafter — CJEU), the author concludes that the European Union institutions and competent authorities need to change their approach when it comes to labor market needs. The migration crisis of 2015-2019 has shown the need to develop and further adopt a common migration policy at the supranational level, with particular attention to the regulation of labor migration. Details on improving and developing a program for the integration and assimilation of migrants in host countries are extremely important. There is also a need to develop online platforms and tools to help potential migrants better integrate, which could be similar to the European Job Mobility Portal (EURES). Particular attention needs to be paid to the implementation of European law at the supranational level, as individual countries complicate administrative and bureaucratic regulation in order to reduce the flow of migration into their countries. In general, despite some progress in the development of EU migration law, there is a need to improve it in order to bring it into line with the reality of migration regulation.
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Dir, I. „Candidate status for membership in the European Union and Ukraine`s obligations“. Uzhhorod National University Herald. Series: Law 2, Nr. 79 (25.10.2023): 322–26. http://dx.doi.org/10.24144/2307-3322.2023.79.2.50.
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The article summarizes the analysis of bilateral relations between Ukraine and the European Union, which were initiated when Ukraine received the status of a candidate for the EU membership. Candidate status was found to be the first official step before the negotiation process begins. In addition, it was determined that seven states currently have the status of a candidate state for accession. Thus, the first state to receive this status 24 years ago was Turkey, and the last after Ukraine got it Bosnia and Herzegovina. It was also determined that, on average, 8.4 years pass from the moment a state receives the status of a candidate for joining the European Union. Cyprus and Malta waited the longest for official accession, and Finland the least. It was analysed that the European Commission recommended granting Ukraine the candidate status on the condition that the following steps, better known as the seven recommendations of the European Commission, will be implemented, and the implementation of which will contribute to the start of the negotiation process, among which: continue the procedure of reforming the legislation related to the selection of judges to the Constitutional Court of Ukraine; to complete the selection procedure of candidates for the members of the High Council of Justice; continue the fight against corruption; bring anti-money laundering legislation into line with the standards of the Financial Action Task Force; fully implement the anti- oligarchic law; adopt the law on mass media; to reform legislation that concerns national minorities. In addition, it was found that the institutions responsible for Ukraine’s accession to the European Union conducted the first stage of the process of checking Ukraine’s domestic legislation for compliance with the EU acquis to formulate inconsistencies in legislative acts that need to be eliminated before the start of the negotiation process. It was also revealed which legislative acts have already been partially or fully implemented into the legislation of Ukraine. Next steps regarding further obligations of Ukraine were also analysed.
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Kozych, I. V. „Criminal law policy of the EU in the sphere of ensuring the protection of economic activity“. Actual problems of improving of current legislation of Ukraine, Nr. 58 (28.02.2022): 110–21. http://dx.doi.org/10.15330/apiclu.58.110-121.
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The author pays attention to the study of the main trends of the legislation of the European Union regarding the prevention of offenses in the field of economic activity in the context of their implementation in domestic legislation. It has been established that the protection of economic activity is recognized as one of the EU Legislative Priorities for 2022. The EU has declared a perspective to create an economy that works for the benefit of people. In this context, many EU acts have expressed the desire to fight money laundering, tax fraud, tax evasion and other forms of financial crime. The article analyzes the mechanisms of criminal law protection of economic activity operating in the EU
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Tashian, Roman I., Bohdan P. Karnaukh und Iryna O. Dzera. „Trends in the Development of Property Law: The Civil Law of Ukraine and the Experience of European Union Countries“. Global Journal of Comparative Law 10, Nr. 1-2 (25.06.2021): 91–104. http://dx.doi.org/10.1163/2211906x-10010008.
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Abstract The article deals with the problems of the development of property law in the legislation of Ukraine considering the experience of the countries of the European Union (EU). It is emphasised that the development of property law of Ukraine is determined primarily by the European tendencies of harmonisation, convergence and Europeanisation of the rights of EU Member States. The scientific doctrine of EU countries in the field of development and improvement of property law has been researched. The authors extrapolate the experience of regulation of property law in the EU countries on the development of the legal system of Ukraine. The principles of European property law are analysed: these are the principles of specificity, openness and transparency. It is concluded that recognising the existence of an EU system of substantive law will allow introducing appropriate substantive remedies that can successfully exist in addition to legal obligations.
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Bronckers, Marco, und Yves Van Gerven. „Legal Remedies Under the EC’s New Chemicals Legislation REACH: Testing a New Model of European Governance“. Common Market Law Review 46, Issue 6 (01.12.2009): 1823–71. http://dx.doi.org/10.54648/cola2009075.
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The REACH legislation constitutes a milestone for the European Union. It sets new standards for environmental law, which are becoming the benchmark for many countries and companies around the world. This new chemicals legislation also introduces institutional novelties at the European level. An independent European agency with decision-making powers has been created to administer this complex and highly technical legislation. Nevertheless, the European Commission and the Member States have maintained direct influence over the agency’s work, and participate in various roles in the implementation of REACH. These environmental and institutional innovations are not making the position of companies, who are the immediate addressees of the legislation, any easier. The present article analyses the decision-making processes under REACH, and inquires which legal remedies, if any, registering companies have in the event they encounter decisions that adversely affect them. It will be shown that companies are not always in an enviable position. They are paying a price, it seems, for the still evolving institutional architecture of the European Union. In other words, the deficiencies in legal protection we identify point to more fundamental problems surrounding the effectiveness and accountability of European agencies. Thus, this analysis can also serve as a case study to test new models of European governance. The article offer recommendations for improvement.