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1
Kovbas, Igor, and Pavlo Krainii. "Administrative Procedure under the Legislation of Ukraine and Certain Foreign Countries (Comparative Legal Study)." Problems of legality, no. 163 (December 28, 2023): 93–110. http://dx.doi.org/10.21564/2414-990x.163.292358.
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The relevance of the research topic is due to the need to analyse the experience of regulatory definition of administrative procedures in foreign countries. It characterizes models of systematizing procedural legislation in certain developed countries worldwide and in Ukraine. Emphasis is placed on Ukraine adopting a model of systematizing administrative procedural legislation that involves the adoption of a general act on administrative procedure with the preservation of the priority of special legislation. This approach aligns with the recommendations of the institutions of the Council of Europe and the European Union, particularly Recommendation CM/Rec(2007)7 of the Committee of Ministers of the Council of Europe of June 20, 2007, to member states on good administration, and the European Parliament Resolution of January 15, 2013, with recommendations from the Commission on Administrative Procedure Law in the European Union. The latter document envisages that the general act on administrative procedure should contain a universal set of principles and outline a procedure applicable as de minimis provisions when there is no lex specialis. The purpose of the article is to reveal the peculiarities of legal regulation of administrative procedures under the laws of foreign countries. It is argued that updated legislation should include referral norms that clearly address the legal practitioner (other subjects endowed with administrative-procedural legal status) to a specific procedure defined by sectoral legislation. This is particularly relevant to cases handled by administrative authorities on their own initiative. The study uses the comparative legal method to establish the common and distinctive features of legal regulation of administrative and procedural legislation of foreign countries. The author examines the peculiarities of legal regulation of administrative procedures in certain European countries. It is noted that the implementation of legislation on administrative procedure in Ukraine should be carried out using the existing experience of countries where the relevant changes have already been implemented. It is emphasized that in the future, attention should be focused on the formation of a homogeneous national law enforcement practice, which is determined by a unified approach to the interpretation of procedural law. Based on the study, the author formulates the following conclusions and makes recommendations: at the initial stage, it is worthwhile to establish communication between representatives (officials) of administrative bodies and judges of administrative courts with a view to taking a number of measures to ensure effective implementation of domestic administrative procedure legislation; to ensure data exchange within the administration and to identify practical problems which may arise in the process of harmonization of the entire array of legal acts around the basic Law of Ukraine "On Administrative Procedure".
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Davinić, Marko, and Vuk Cucić. "Europeanization of General Administrative Procedure in Serbia." Review of Central and East European Law 46, no. 2 (May 27, 2021): 153–78. http://dx.doi.org/10.1163/15730352-bja10045.
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Abstract Serbia (as well as other countries of the Western Balkan region) recently adopted the new General Administrative Procedure Act (gapa). The drafting and adoption process was strongly influenced by the European Union and its experts from the sigma organization. The paper first analyzes the novelties introduced and improvements made under European influence. The authors then go on to analyze deficiencies of European influence in the drafting process. Two main shortcomings thereof were the false deregulation and debureaucratization of gapa and the ‘one-size-fits-all’ approach applied in all the countries of the Western Balkan region, in spite of inherent differences in their legal systems. The purpose of the criticism given in the paper is to avoid the same issues in the future, during the process of harmonization of Serbian law with the acquis communautaire.
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Krausenboeck, Maria. "DER RENEUAL MODEL DRAFT FOR AN ADMINISTRATIVE PROCEDURE LAW – BACKGROUNDS AND CURRENT SITUATION." Administrative law and process, no. 3(26) (2019): 72–76. http://dx.doi.org/10.17721/2227-796x.2019.3.04.
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The paper focuses on administrative law reform within the European Union and raises this problem in the Central Asia countries: as EU advances with its codification and structuring on the existing principles and institutions, the countries of Central Asia start from scratch. A group of academics within the Research Network on European Administrative Law (ReNEUAL), starting with comparative law method, tries to use national administrative procedural laws, case law and principles of the administrative procedure of the European and national courts, as well as the relevant soft law, especially the “Ombudsprudence” aims, taking into account new communication technologies, at developing a relevant draft law. In its independent work between 2009 to 2014 the ReNEUAL network specified the constitutional principles for administrative procedures, naming proposed draft “self-administration law”. It deals with institutions, bodies, offices and agencies of the European Union in their relations with the public as well as various cross-cutting issues: rules on the consequences of procedural errors, use of undefined legal terms, optimization of the rules for complex processes. European Parliament’s legal committee made some reference to the ReNEUAL draft and also sought advice from members of the network. Later draft from Parliament, seen as less ambitious, stays within the basis of the currently applicable EU treaties, whereby the ReNEUAL draft would sometimes require changes to the treaty. The proposed ReNEUAL builds transparent basis for exercising human and citizen rights, helps ensure transparency and consistency of the EU administrative institutions. It could also serve as a catalyst for the reform of national administrative procedural laws. The European Commission not convinced that EU administrative law could be summarized in a single legal document, asked for a cost-benefit analysis and impact assessment and publicly consulted on the codification of EU administrative procedure from 15.12.2017 to 09.03.2018, publishing results in July 2018.
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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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Arana García, Estanislao. "ADMINISTRATIVE APPEALS IN THE EUROPEAN UNION: TOWARDS A COMMON MODEL OF ADMINISTRATIVE JUSTICE." Administrative law and process, no. 2(25) (2019): 87–107. http://dx.doi.org/10.17721/2227-796x.2019.2.06.
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Purpose. The aim of this paper is to analyse the activity of the European agencies as a mechanism of control prior to the judicial review. This procedure is carried out by independent and impartial administrative tribunals. This model supposes to create specialized administrative organs that solve conflicts previous to the judicial procedure. The “agencies model” is mainly used in western countries with legal Anglo-Saxon reminiscences. In this paper we analyze the importance of these agencies and its possibilities for improvement in the near future. Method. To achieve this goal it is necessary to: 1) analysis the creative solutions of the agencies courts; 2) verify the performance of agencies through the information provided by themselves; 3) discuss the judicial decisions from a scientific perspective. This process has been implemented through direct contact with experts and professional actively involved at these European administrative courts. Results. EU law is haphazardly creating a system of administrative review that is in many cases a pre-condition to judicial review. This system is most evidently manifesting itself in the application of EU law by administrative agencies. For this purpose, some of the EU’s most important agencies have created specialised bodies known as boards of appeal. These objective and independent bodies have the power to review the decisions of the agency they form part on based on both questions of law and fact. The paper aims to establish a critical vision of the role that new judicial forms are developing and the importance of to reach a specialized criterion for solving technically increasingly complex issues. Conclusions. The board-of-appeal model has proven a successful one as it offers parties a low-cost and effective way of having their complaints resolved without having to go to the European Union Court of Justice. Lastly, there appears to be a need for the European Union to, as it is currently doing with administrative procedure, establish a common set of rules for this emerging remedy for reviewing European administrative acts.
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Gembara, G. "Simplified forms of trial proceeding of administrative cases in the legislation of European countries." Uzhhorod National University Herald. Series: Law 2, no. 78 (August 31, 2023): 17–23. http://dx.doi.org/10.24144/2307-3322.2023.78.2.2.
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The article is devoted to the analysis of the experience of the countries of the European Union for the implementation of differentiation of the procedural form of consideration and resolution of public-legal disputes by simplifying it - withdrawal of unnecessary, complicated, and ineffective elements. The study of this issue is conditioned by the activation of European integration processes in Ukraine, which requires taking into account the achievements of European countries in administrative litigation to improve the legislative basis of the functioning of administrative courts in Ukraine.
It has been established that the introduction, along with the general procedure of judicial proceedings, that is, ordinary, simplified proceedings, is a trend long supported by the countries of the European region, which is aimed at increasing the effectiveness of the implementation of the right to access to justice and a fair trial, which was repeatedly emphasized by the Committee of Ministers of the Council of Europe in its Recommendations to member states.
The legislation of European states (Germany, Georgia, Lithuania, Latvia, Poland, Austria, Estonia) was studied, which regulates the administrative court’s procedural activity to simplify the consideration and resolution of cases. The main criteria and reasons for applying simplified court proceedings and resolving public-legal disputes were considered. It was clarified: who has the right to initiate a case in a simplified manner, whether the participants’ opinion is taken into account, and what are the powers of the court when deciding this issue. Similar features were identified in the studied foreign legislation on simplifying administrative litigation.
A comparative analysis of the European legislation with the provisions of the Ukrainian administrative-procedural legislation was carried out, and the provisions that would be appropriate to be introduced into the national legislation in order to improve the simplified legal proceedings and increase the level of effectiveness of judicial protection of individual rights in the field of public-legal relations were highlighted.
It was concluded that simplified procedures for the trial investigation of administrative cases take an important place in the legislation of the countries of the European Union, which indicates the importance of procedures for optimizing the judicial process.
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TKACHOVA, Viktoriia, and Pavlo LAVRYK. "Law of Ukraine “On administrative procedure”. First critical comments." Economics. Finances. Law 6/1, no. - (June 29, 2022): 28–32. http://dx.doi.org/10.37634/efp.2022.6(1).6.
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The paper examines in detail the way to develop the Law of Ukraine "On Administrative Procedure", which began in 1998. It is noted that the adoption of this Law was hampered by the Soviet past of Ukraine and the lack of awareness of the importance of adopting this legal act. The adoption of the law on administrative procedure in the post-Soviet space at the beginning of the XXI century, the experience and concept of this law in some European countries are analyzed. It is noted that Ukraine has repeatedly noted the priority and need to develop the provision of administrative services and the adoption of a law on administrative procedure in accordance with European standards. It was emphasized that Ukraine has come a long way before the adoption of the Law of Ukraine "On Administrative Procedure", which was signed on June 13, 2022. The repeated presidential veto has become such an obstacle to the adoption of this Law. The paper explains why this version of the Law was approved by international commissions. There are always objections to any law and this case is no exception, so we analyzed three main shortcomings of this law, namely: giving administrative bodies "quasi-judicial functions", the possibility of causing harm to a person by confiscating property due to administrative error and the court's ability to decide , which body is competent to decide the case. However, it should be noted that these shortcomings did not prevent the adoption of this law on June 13, 2022. In conclusion, it was emphasized that the adoption of the Law of Ukraine "On Administrative Procedure" is one of the outstanding achievements of our country, and despite the presence of certain serious shortcomings, it will be very useful for Ukrainian society.This Law will help bureaucratize public administration in general and its individual components (bodies) and bring Ukrainian legislation closer to the standards of the European Union.
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Mahmutefendic, Tahir. "The Eu Enlargement. How to be Like the Irish and not the Greek?" ECONOMICS 7, no. 2 (December 1, 2019): 49–58. http://dx.doi.org/10.2478/eoik-2019-0021.
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Abstract Apart from the former EFTA members (Iceland, Lichtenstein, Norway and Switzerland) and a few former republics of the Soviet Union (Bjelorussia, Moldova and Ukraina) the countries of the Western Balkans are the only European states outside of the European Union. They are very keen to join the Union. The Balkans have always been the poorest part of Europe. The appeal of the wealthy European Union is apparent. Access to the largest market in the world, investment, modern technologies and generous regional funds give a hope that by joining the EU the Western Balkans countries will join the rich club. At the moment performance of the Western Balkan countries does not guarantee that they will become rich by joining the European Union. Their current production and trade structure makes it likely that the Western Balkan countries will be locked in inter-industry trade in which they will export products of low and medium technological and developmental level and import products of high technological and developmental level. This might lead to divergence rather than convergence between them and the European Union. In other to overcome this problem the Western Balkan countries need to conduct radical reforms in the public sector, fiscal policy, industrial trade and investment policy. They also need to tackle corruption, simplify administrative procedure, strenghten property rights and the lawful state. All this with the aim to change economic structure and shift from achievements of the second and third to fourth technological revolution. Only if these reforms are successfuly implemented the Western Balkan countries can hope to avoid the Greek scenario and possibly experience the Irish scenario.
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Klymenko, Ihor Volodymyrovych, Dmytro Volodymyrovych Shvets, Oleh Tsyhanov, and Liudmyla Hennadiivna Mohilevska. "Services Provided by Public Authorities: Features of Legal Regulation in Ukraine and the European Union." Revista Amazonia Investiga 9, no. 31 (August 7, 2020): 44–51. http://dx.doi.org/10.34069/ai/2020.31.07.4.
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The aim of the article is to determine: 1) the essence and content of services provided by public authorities in the European Union and Ukraine; 2) features of legal regulation of public service activities in these countries. To achieve this aim, general scientific and special methods of cognition were used, namely: dialectical, logical-semantic, comparative-legal, methods of analysis and synthesis. The article states that shortcomings in the field of public service have been inherited since Soviet times. The relevance of the European Union experience, where the defining feature of the development of legislation is its focus on ensuring the rights and legitimate interests of individuals in relations with public authority and its bodies, is emphasized. It is noted, that, unlike Ukraine, the European administrative-legal doctrine does not single out a separate legal institution of administrative services, and the category “service” regarding public sector is used in a broader and more flexible sense. It has been established that in the EU the issue of population services is regulated by both primary and secondary legislation. It was found that the legal regulation of public service activities in the EU is characterized by following features: the absence of a codified legal act that would regulate public services of non-economic interest; the impact of judicial practice on legal regulation of relations between public administration bodies and citizens; considerable attention is paid to improving the quality of public services and citizen participation in government decision-making. According to the results of the study, the priorities for the development of the administrative services system in Ukraine include the adoption of the Law (or Code) on administrative procedure and legislation on fees for administrative services (administrative fee).
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Jeretina, Urša. "Administrative Aspects of Alternative Consumer Dispute Resolution in the European Union (EU), Slovenia and Croatia." NISPAcee Journal of Public Administration and Policy 9, no. 1 (June 1, 2016): 191–222. http://dx.doi.org/10.1515/nispa-2016-0009.
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Abstract The consumer field is widespread and often encompasses different legal fields on a single market, especially when it comes to the field of consumer protection. In fact, the consumer mostly remains a weaker party in resolving consumer disputes, especially in administrative proceedings. Traditional court proceedings do not always offer the most cost-appropriate way of resolving consumer disputes, because the damage with legal costs is disproportionate, especially in Small Claims (20 EUR). In theory, Alternative Dispute Resolution (hereinafter: ADR) is considered more flexible, faster and cheaper for disputes between consumers and businesses. Insofar, Consumer ADR (hereinafter: CADR) is seen as a useful tool that helps consumers realize their right of access to justice. It is argued that CADR systems provide valuable information on the needs of disputants, while preserving confidentiality, increasing consumer satisfaction, equality and grater trust. While CADR is praised in theory as an added value, in practice it still remains unrecognizable and therefore is seen as an ineffective formalism in some EU countries. It seems that consumers and businesses lack awareness of the CADR schemes and their benefits, which have effects on the efficient use of CADR in different public and private institutions. The focus of this paper is on the field of Public Administrative Law, which, through different approaches of scientific analysis, combines the main administrative aspects of CADR systems in the EU. Special attention is given to different administrative barriers in the development of various CADR schemes, which cause the formation of administrative dilemmas in some Member states. The new EU legal regulation on Consumer ADR, Online Dispute Resolution (ODR) and EU Administrative law have set flexible rules and principles that would assure the quality of dispute resolution between EU entities with private or public interests. Similarities in proposed principles would lead us closer towards a common European Administrative Space. However, so far such EU initiatives have left many questions unanswered regarding the supervision and financing of CADR schemes, as well as the administrative issues about the purely internal harmonization of “administrative” CADR practices in Member States. An example of the substantial administrative dilemmas in CADR practices, mostly in the field of universal services, can be recognized in existing CADR systems in selected EU countries, e.g. Slovenia and Croatia. POINTS FOR PRACTICIONERS: Special attention is paid to the interplay between the CADR and public administration in the EU, which introduces us to various definitions of the concept of CADR in administrative proceedings. The theoretical view shows that the parties in consumer dispute resolution produce various legal relationships (C2B/G or G/B2C, B2B or G2B) of different legal natures (public or private interests), whether under administrative or civil law. Through comparative analysis of the concept of CADR in administrative proceedings among selected EU countries, divergences are shown in the legal framework of CADR procedures, existing CADR schemes and measuring efficiency tools for CADR procedures, which causes key administrative dilemmas in the main sectors of universal services. Despite divergences, some similarities appear between new principles of proposed new EU regulation, which could lead us closer to a common European Administration law. Unfortunately, the statistical analysis of existing CADR cases in selected Member states indicates an inefficient use of these pledged mechanisms. The given guidelines and improvements with one coherent CADR model contribute to the achievement and pursuit of the set goals towards an efficient European Administrative space.
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Bevzenko, Volodymyr, and Yurii Tsvirkun. "THE LAW OF PUBLIC CONSTRUCTION IN THE COUNTRIES OF THE EUROPEAN UNION: EXPERIENCE OF GERMANY AND ECONOMIC AND LEGAL DIMENSION OF ITS CREATION IN UKRAINE." Baltic Journal of Economic Studies 8, no. 5 (December 30, 2022): 70–76. http://dx.doi.org/10.30525/2256-0742/2022-8-5-70-76.
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The subject of the study. A new public administration system in Ukraine should be created through administrative reform. The existing system of public administration in Ukraine remains generally inefficient, with an eclectic mix of institutions inherited from the Soviet era and new institutions formed during Ukraine's independence. It is argued that the rapid development of modern social relations naturally causes and is conditioned by the continuous transformation and progress of various sectors of public and state life. Scientific and technological progress, informatization and updating of production methods cause an objective need to revise and adopt fundamentally new legislation, study and implement advanced forms of organization of social relations. It is clear that the construction industry is a component of the national economy, which requires meaningful legal regulation, does not stay away from modern social and state development. The complexity and significance of the construction industry, its multifaceted nature require, in particular, the study and implementation of perfect regulatory mechanisms developed by developed countries with highly developed economies, strong and perfect standards of functioning of the state apparatus, legislation. Methodology. The national construction legislation was reviewed in comparison with the experience of the Federal Republic of Germany. It is concluded that the review of the institutional architecture of the construction industry of the Federal Republic of Germany, the basic principles of the formation of German public construction law as a factor of the modern economy, its progressive forms and methods has been carried out. The content of this branch of public law, its impact on economic processes in the state, the formation and change of the main economic indicators are assessed. The conclusion is made about the objective connection between the state and development of national legislation, in particular construction legislation, and the degree of economic development of the state. The purpose of the study. By choosing the strategic path of institutional and fundamental reforms, Ukraine also implements the best legal and state experience of modern progressive states with developed democracy, state-building and law-making, developed economy. In the field of law and law-making, improvement of legal education and science the experience of the Federal Republic of Germany has proved its perfection, efficiency and progressiveness for Ukraine. German public construction law is not the only area that has become a model for domestic public law and legislation, in particular, it is worth mentioning the German experience of administrative procedure law and legislation, which was used in the adoption of the Code of Administrative Procedure of Ukraine, and administrative procedure law and legislation, which was the basis for the preparation of the Law of Ukraine "On Administrative Procedure". Thus, the time-tested and experienced German administrative and legal theory has become one of the prerequisites for the creation and development of national branches of public law, including the law of public construction. The economic and legal dimension of public construction law in Ukraine is that the construction industry is a productive sector of the economy, the efficiency and successful functioning of which depends on a simultaneous set of factors, including, in particular, the availability and completeness of national construction and administrative and procedural legislation, the development of the theory of public construction law, transparency and validity of the activities of administrative bodies in the field of construction. Conclusion of study. It is concluded that the new branch of national special administrative law – publicc construction law of Ukraine is manifested in three dimensions: the substantive dimension of national public construction law and the prerequisites for its formation and further development; European (foreign) experience of legal regulation of public construction; economic and legal dimension of its creation in Ukraine.
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Voloshyn, Yuriy, and Nataliia Mushak. "ADMINISTRATIVE AND LEGAL GROUNDS FOR DEPORTATION AND EXPULSION OF THIRD-COUNTRY NATIONALS FROM THE EUROPEAN UNION’S MEMBER STATES." Administrative law and process, no. 4 (31) (2020): 5–17. http://dx.doi.org/10.17721/2227-796x.2020.4.01.
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The purpose of the article is to highlight key issues related to the deportation and eviction ofthird-country nationals from the Member States of the European Union.The article covers the key issues related to the deportation and expulsion of third-country nationalsfrom the European Union’s member states. The research determines that within the European Union most of the issues related to the deportation and expulsion of third-country nationals fromthe EU territory and EU member states are classified as a common immigration policy.The study used a set of methods that defined its purpose and objectives. The authors used acomplex of general scientific and special scientific methods. The dialectical method of cognitionwas used in the analysis of legal relations that are developed within the EU and are in conditionsof continuous development and improvement. The historical and legal method provided anopportunity to investigate the practice of deportation by states at different stages of EU lawdevelopment. The comparative and legal method was used in comparison with the conditions ofdeportation in different European countries.The results of the article are determined by key provisions regulating the issue of deportationand eviction, which serve as legal measures in the fight against the EU and its member states withillegal migration.It has been established that deportation and expulsion serve as legal measures in the fight againstthe EU and its member states with illegal migration. It is emphasized that among the effectivemeans of combating illegal immigrants is the adoption by both the European Union and its MemberStates of the readmission agreements with third countries, which provide for the procedure ofsimplifying the return of persons who do not have legal grounds for staying in the territory of anEU member state, to the country of origin or transit, as well as solving problems related to thereturn procedure, formalizing the effective process of returning persons and preventing problemsin this in the field.The conclusions highlight that in most European countries, the issues of deportation and expulsionare regulated solely on the basis of national legislation, taking into account the standards andnorms of EU law. A number of documents that determine a safe third country have been analyzed.A safe third country is a country that guarantees the right of third-country nationals to apply forasylum.The research analyses the legal instruments of the European Union, which guarantee the right toasylum and provides for compliance with the principle of non-adoption. It is stated that no onecan be expelled or extradited to a state in which there is a serious danger that such a person maybe given a death penalty.There are legal grounds for non-resettlement, and individuals cannot be tortured or punished.
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Pulungan, Eska Dwipayana. "The Widening of European Union to Post Soviet Countries: Case Study of Bulgaria Acceptance and Ukraine Accession." Sang Pencerah: Jurnal Ilmiah Universitas Muhammadiyah Buton 9, no. 3 (August 5, 2023): 790–801. http://dx.doi.org/10.35326/pencerah.v9i3.2922.
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To be a part of European Union must follow complex procedures. Before joining the institution, candidate countries must meet the Copenhagen Criteria. Then fulfill membership obligations contained in Acquis Communautaire. Once fulfilled, candidate countries can join the institution. However, in contrast to Bulgaria, Bulgaria was unable to fulfill it, but was given the easiness by providing CVM assistance. Bulgaria's acceptance was considered violate the EU agreement, making several members disappointed, especially UK. The peak of UK disappointment occurred in 2016, the UK stated its exit from the EU. Then in 2022, Ukraine in the midst of the Russian invasion applying to join. Without an in-depth administrative review, EU agreed to immediately grant candidate State status. Necessarily, a country which is applying EU, First should be on the waiting list with the status of a potential candidate countries and then second go to next status as a candidate countries, the last is recognize as a member of union. But Ukraine directly jump up to second status.
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Gudz, Liudmyla. "Local referendums in the European Union and Ukraine: comparative characteristics." 33, no. 33 (June 28, 2022): 44–51. http://dx.doi.org/10.26565/2075-1834-2022-33-04.
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Introduction. The article formulates proposals to improve the effectiveness of legal regulation of the institute of local referendum and involvement of citizens in the implementation of local self-government on the basis of comparative legal analysis of the legal regulation of local referendum in the European Union and Ukraine. Summary of the main research results. In EU countries, unlike national referendums, local referendums are held on the territory of a subject of the federation, autonomous entity, or administrative-territorial unit. Such referendums address issues of local importance. The procedure for legislative consolidation of the local referendum in the EU countries is possible at three levels: constitutional, national legislation, and local. In Ukraine, the normative regulation of local referendums is carried out at two levels: constitutional and legislative levels. Currently, holding local referendums in Ukraine is impossible due to the lack of a special law in this area. The main types of referendums are characterized. Conclusions. As a result of the analysis, it is proposed that in order to improve the effectiveness of legal regulation of the institute of the local referendum and eliminate the "legal vacuum" in this area, it is necessary to adopt a separate Law "On Local Referendum". Draft Law No. 5512 "On Local Referendum", which was registered in the Parliament on May 19, 2021, needs to be improved, namely, to regulate the possibility of holding a local referendum both at the municipal (local) level and at the regional level, that is, at the level of the region, district and the Autonomous Republic of Crimea to address issues of common interest to these communities; not all local referendums should be mandatory; the division of local referendums into mandatory and consultative ones may depend on the quorum of participation, for example, if the turnout is 50% percent or more - mandatory, consultative - if the turnout is less than 50%; to solve the problem of financing local referendums, to provide a mechanism for partial compensation of expenses from the state budget
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Moulis, Daniel, and Alistair Bridges. "Administrative and Judicial Review of Anti-dumping Measures in Australia." Global Trade and Customs Journal 7, Issue 5 (May 1, 2012): 200–210. http://dx.doi.org/10.54648/gtcj2012026.
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This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
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Monteiro de Carvalho, Carol, and Andrea Weiss Balassiano. "Administrative and Judicial Review of Anti-dumping Determinations in Brazil." Global Trade and Customs Journal 7, Issue 5 (May 1, 2012): 211–30. http://dx.doi.org/10.54648/gtcj2012027.
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This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
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Shevchuk, Oksana, and Nataliia Mentukh. "Administrative Procedures in the Field of Economic Activity." Problems of legality, no. 163 (December 28, 2023): 280–94. http://dx.doi.org/10.21564/2414-990x.163.291886.
Full textAbstract:
The relevance of the topic is due to the fact that the idea of establishing a free trade area and the single market of the European Union (hereinafter - the EU) between Ukraine and the EU countries in accordance with the Association Agreement with the EU and its Member States, as well as the strict fulfilment of obligations to ensure a zone of economic competition, aims at creating a competitive environment in which business entities enjoy equal competitive conditions and operate in accordance with the same generally accepted rules. The purpose of the study is to analyse various scientific approaches to understanding the administrative procedure, to define its features, and to determine the criteria for classifying the formation and development of administrative procedures in the field of economic activity. The methodological basis of the article is a set of methods and techniques of scientific cognition, both general scientific (logical, historical and legal, systemic analysis, etc.) and special (documentary analysis, comparative legal methods, etc.), which contributes to the achievement of the set goals, ensures a complete and comprehensive understanding of the research topic, scientific reliability and convincing results. The author identifies the characteristic features of administrative procedures: openness, focus on the realisation of public interests, consistent orderliness, normativity, discretion, etc. The criteria for classification of administrative procedures have also been the subject of debate, which eventually led to the development of a significant number of them. The author determines that the content of administrative procedures is the procedure for consideration and resolution of individual administrative cases by administrative authorities and local self-government bodies with a view to protecting the rights and legitimate interests, and also to fulfilling the statutory obligations of all subjects of legal relations. Based on the study, the author formulates conclusions and provides recommendations on the need to amend the Law of Ukraine "On Administrative Procedure" to regulate the mechanism of implementation of the principle of "tacit consent" in legal relations between public authorities and business entities. The introduction of the principle of tacit consent in practice should solve a number of problems in the area of issuing permits. The main ones are: reducing the real time spent by business entities on obtaining permits; limiting the opportunities for abuse by representatives of public authorities related to the delay in the timeframe for issuing pre-trial documents established by the current legislation; business entities avoid unjustified termination or suspension of business activities.
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Scharn, Virginia. "Internationalization of Argentine companies through the transfer of their registered office to the European Union, taking Spain and Germany as an example of destination countries." Latin American Journal of European Studies 3, no. 1 (June 2023): 180–215. http://dx.doi.org/10.51799/2763-8685v3n1006.
Full textAbstract:
This paper deals with the global mobility of Argentinean companies, specifically with the transfer of their registered office to the European Union (EU), taking Germany and Spain as examples of destination countries. The aim is to demonstrate that such a transfer is possible, although there is no detailed procedure in the analyzed laws. Applicable laws and regulations, academic opinions and decisions of administrative bodies and Courts are studied and analyzed; as far as legally admissible, analogy is used to integrate regulatory gaps. The tax aspects of the transaction from the point of view of Argentina are summarized, and more broadly the corporate aspects from the point of view of the EU and the three jurisdictions involved, as well as the requirements for registering a transaction of this nature before the Registers of Commerce from Argentina and Spain. It is concluded that it is possible to transfer the registered office of an Argentinean company to the EU, that it is possible for Spain to be the country of destination, and that it is also possible for Germany to be the final destination in the event that the company has become subject to EU law as a result of a change of its registered office to a Member State of the European Union (e.g. Spain), since Germany does not currently allow the cross-border transformation of companies from third countries.
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Gil, Carlos, Pedro Pascual, and Manuel Rapún. "Regional Allocation of Structural Funds in the European Union." Environment and Planning C: Government and Policy 20, no. 5 (October 2002): 655–77. http://dx.doi.org/10.1068/c21m.
Full textAbstract:
Economic disparities among the regions of the European Union are more pronounced than among countries. Structural Funds have played a crucial compensatory role, promoting the economic development and real convergence of lagging regions. The amount of resources destined to regional policy and the conflicts arising from its funding and distribution create the need for an adequate theoretical foundation or model to help politicians solve the distribution problem. In this paper we propose an empirical procedure to carry out and evaluate different distributions of funds for the periods 1989 – 93 and 1994 – 99. We begin with the estimation of an augmented production function to permit the calculation of the expected GDP per capita. We then propose a nonlinear programming method to simulate alternative distributions of Structural Funds among Objective 1 regions, based upon two different approaches: equal development, and equal opportunities. For these two approaches we calculate different possibilities, ranging from highly efficient to highly equitable, with the result that we are able to show the ‘frontier’ of optimal distributions. Finally, we evaluate these results and compare them with the real distribution.
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Dominiak, Natalia, and Natalia Oleszczyk. "THE USE OF RENEWABLE ENERGY SOURCES IN POLAND AGAINST A EUROPEAN UNION BACKGROUND." Annals of the Polish Association of Agricultural and Agribusiness Economists XXI, no. 4 (December 2, 2019): 106–15. http://dx.doi.org/10.5604/01.3001.0013.6070.
Full textAbstract:
The purpose of the analysis was to determine the degree of use of renewable energy sources in Poland in comparison to other EU countries. The article presents the degree of use of renewable energy sources in Poland against a background of European Union countries together with the quantitative use of renewable energy sources in Poland, since 2010. Poland, like other EU countries, aims at meeting its obligations towards the energy union policy and achieving the target for energy from renewable sources by 2020, in accordance with the adopted EU strategy “Europe 2020”. The results and ways of achieving the goal by Poland were presented, as well as the breakdown of Member State contributions, which are the sum of EU-level goals by 2030. Research was based on secondary data obtained from the EU statistical agency Eurostat. The publication uses, among others: analysis of domestic and foreign literature sources and analysis of secondary data expressed in real values, the results of which are presented in tabular form. For the purposes of this publication, a method of targeted selection of quantitative parameters was used, which will allow an analysis and comparison of the degree of renewable energy development in Poland and the EU. The analyzes covered the years 2010-2017. The analyzes carried out indicate that the slowdown or growth in achieving the goal is largely influenced by current economic development or slowdown, expenditure on supporting renewable energy policy, administrative procedures and current country policy. Trends in the use of renewable energy depend on, among others the above factors.
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Vermulst, Edwin, and Edwin Vermulst. "Judicial Review of Trade Remedy Determinations in Ten User Countries." Global Trade and Customs Journal 7, Issue 5 (May 1, 2012): 195–99. http://dx.doi.org/10.54648/gtcj2012025.
Full textAbstract:
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
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Andersson, Krister. "The Business Views on Base Erosion and Profit Shifting and Its Implementation in the Group of Twenty and European Union." Intertax 44, Issue 10 (October 1, 2016): 735–39. http://dx.doi.org/10.54648/taxi2016062.
Full textAbstract:
To decrease uncertainty and the risk of juridical double taxation, base erosion and profit shifting (BEPS) must be implemented and administered in a uniform way globally. Unfortunately, the European Union (EU) countries have embarked on a diverting path, with additional measures taken and with their own interpretation of some BEPS action points. The Directive (Anti-Tax Avoidance Directive) is furthermore a minimum standard for individual countries to be adjusted as individual Member States see fit. In the United States, on the other hand, there is considerable hesitation to introduce measures not already enacted earlier. Many countries in Asia have adopted a wait and see approach. The new and clarified rules of how to split taxable profit between countries will also be used in administrative procedures like state aid investigations in the EU. The Organisation for Economic Cooperation and Development (OECD), at request of Group of Twenty (G20), is aiming for uniformity but faces a tremendous challenge. An increase in tax disputes between countries is to be expected.
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Yehorova-Lutsenko, Tetiana. "Digitalization of the social services system in Ukraine." Law and innovative society, no. 2 (15) (January 4, 2020): 80–85. http://dx.doi.org/10.37772/2309-9275-2020-2(15)-13.
Full textAbstract:
Problem setting. The rapid development of public relations determines the use of information technology in all spheres of life, including in the field of public administration. There is no doubt about the need to introduce elements of e-government into everyday life, as it improves the lives of ordinary citizens, increases trust in public authorities and local governments, reduces the time spent on businesses and individuals needed to receive services. Analysis of recent research. The issue of providing digital social services was paid attention to by, V.P Kohan, M.M. Petrova, N.M. Terletska, D.I. Rusnak, V.L. Polar, V.V. Ripples. The formation of an appropriate mechanism for the digital provision of social administrative services in Ukraine remains unresolved. Target of research. The article is to define the tasks for the formation of the administrative and legal mechanism and the use of digitalization in the provision of social administrative services. Article’s main body. New online services are being introduced on the territory of Ukraine, which enable consumers to receive it remotely. In our opinion, in the future, these services should simplify the procedure for accessing them, given the subjects who are primarily interested in using them, and expand the scope of their provision: from informing the consumer to receiving the result. But these tasks can be accomplished only with the proper financial and material support of local governments, including the poorest financially united territorial communities. In addition, local governments should be required to retain technical specialists and consultants who will provide software and hardware for the provision of administrative social services and eliminate the inability of certain segments of the population to use high-tech digital services. These tasks should be attributed to those that require constant monitoring of their implementation and improvement of their mechanism. Features of the regime of social services are that: 1) their list is not defined by law, so it is more determined by the subjects – recipients of services; 2) socialization of services involves the organization of simplified access of citizens to administrative services; 3) the mechanism for providing accessible social services must ensure the protection of personal data of service recipients. Conclusions and prospects for the development. The unification of types of social administrative services and mechanisms of their provision with similar services provided in the countries of the European Union may be key to Ukraine’s progress towards a single digital space with the European Union.
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Hryshchuk, A. B., and N. Ya Lepish. "Concept of procedural form of administrative justice." Uzhhorod National University Herald. Series: Law 2, no. 76 (June 14, 2023): 41–45. http://dx.doi.org/10.24144/2307-3322.2022.76.2.6.
Full textAbstract:
The article examines from the standpoint of the theory of state and law and administrative law, the concept of the procedural form of administrative proceedings in the context of current legislation and scientific views on the mentioned problems in the countries of the European Union. The methodological basis is general scientific and special methods - comparative jurisprudence, formal-logical, historical, systemic-structural. The main element of judicial proceedings are the procedural forms within which cases subject to this form of judicial proceedings are considered. The concept of «procedural form» does not yet have a clear content in legal science. It noted that, from the standpoint of historical aspects of the scientific-theoretical understanding of the procedural form and the evolution of legislative approaches to its differentiation, the procedural form of judicial proceedings considered as the order of consideration and resolution of cases established by the procedural law. Consideration of the issue determined by different approaches to the understanding of the concept of “procedural form” and the list of cases that, according to the legislation, are subject to consideration in administrative proceedings regarding the essence, features and tasks of administrative proceedings. The peculiarities of the procedural forms of judicial proceedings in the administrative process, their specificity depending on the categories of administrative-legal disputes arising from public legal relations between powerful and non-powerful subjects in comparison with procedural forms in civil procedural law and economic procedural law are analyzed. The procedural form of administrative proceedings is characterized by a law-making process determined by the will of the legislator and a court decision, aimed at the application of a procedural procedure, different from the general one, which has specific features generated by the category of the case, the complexity and the subject of the appeal, in the resolution of a public legal dispute. The need for further development of the theoretical and legal foundations of the category «administrative procedural form» of administrative proceedings is indicated, which will contribute to the improvement of proceedings in cases arising from public legal relations.
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Voytovich, Elena P. "Limping relationships in international family law." Vestnik of Saint Petersburg University. Law 14, no. 1 (2023): 211–26. http://dx.doi.org/10.21638/spbu14.2023.113.
Full textAbstract:
The article examines a legal phenomenon that has not received a generalized legal characteristic, its research in international family law is fragmentary. The reasons for the “lame” relationships are analyzed: differences in conflict of laws regulation, incorrect application of conflict of laws rules, discrepancy between substantive regulations, conflict of jurisdictions; it is concluded that “lame” relationships are the result of the interaction of conflict of laws, substantive and procedural norms, leading to an undesirable legal effect. The author expresses doubts about the effectiveness of such a method of eliminating “lame” relationships as the convergence of legal systems, suggesting to pay attention to the competing traditional conflict tools and the opposite methodological approach — recognition, the potential of which is underestimated and insufficiently studied. Recognition is seen not as an alternative to conflict method, but as an additional way to overcome “lame” relationships. Replacement of national conflict of laws rules in cross-border family disputes is illustrated by the practice of the European Court of Human Rights and the Court of Justice of the European Union. Attention is drawn to the existing models of recognition in common law countries and continental legal tradition, the legal nature and place of the norms of Russian family legislation on recognition are analyzed. иThe mechanism of recognition of foreign administrative procedures and decisions, foreign documents in the Russian Federation is assessed. The author comes to the conclusion that implementation in domestic law of various approaches to the recognition of foreign court decisions, administrative procedures and documents issued by the competent authorities of foreign states, proposing to unify them within the framework of a uniform recognition procedure that excludes uncertainty and internal contradictions.
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Kmiecik, Zbigniew. "Disqualification of en employee of a public administration authority in the European Union Member States." Ruch Prawniczy, Ekonomiczny i Socjologiczny 85, no. 2 (June 30, 2023): 109–26. http://dx.doi.org/10.14746/rpeis.2023.85.2.09.
Full textAbstract:
One of the rules contained in the Code of Good Administrative Behavior adopted in 2001 by the European Parliament is the principle of impartiality and independence (Article 8). The presence of this rule, despite its non-binding nature, prompted the author to examine – using the method of comparative law analysis – whether the EU Member States have regulated this issue in their legal systems – and if so, to what extent and how. The basic institution serving the implementation of this principle is the disqualification of an employee of the authority from participation in the proceedings in situations where their impartiality seems to be at risk. Not all EU countries explicitly provide for such an institution. Among the legal systems that contain it, only some regulate the entirety of issues related to it: the grounds for disqualification, the procedure for disqualification and the consequences of it, as well as the appealability of orders taken in this matter and the consequences of violating the provisions on disqualification. Regulations of individual issues differ in the degree of detail. This applies primarily to the reasons for the disqualification of an employee of the authority. The most important reason for the disqualification of employees (except when they or their spouse are a party to the proceedings) is the consanguinity or affinity between them and the party. However, the ranges of such ties resulting in automatic disqualification of an employee, adopted in EU member states, differ significantly. The second area of significant difference is the consequences of the potentially biased employee’s participation in the proceedings. The solutions adopted in this regard in legislation and jurisprudence depend on how the main purpose of the provisions concerning the disqualification of an employee is perceived: as strengthening the public’s trust in the executive, or as a fair settlement of the matter.
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Tregubov, Aleksey N. "The Customs Code of the Eurasian Economic Union and the Customs Code of the European Union: A Comparative Legal Analysis of Approaches to Harmonization of the Relationships in the Customs Affairs Sector." Administrative law and procedure 3 (March 4, 2021): 72–74. http://dx.doi.org/10.18572/2071-1166-2021-3-72-74.
Full textAbstract:
The Dynamic development of the economy, increased competition between producers of material goods, and the need to expand sales markets leads to the need to increase trade between countries. Administrative barriers have a significant impact on the speed of movement of goods, and as a result on the amount of material and time costs associated with their movement. The development of international trade, which is directly dependent on the effectiveness of customs procedures, required the approval of common principles and approaches to the simplification of customs formalities, which are enshrined in the International Convention on the simplification and harmonization of customs procedures from may 18, 1973.
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Tskhadadze, Ketevan. "E-Government Implementation on the Example of Georgia." TalTech Journal of European Studies 14, no. 1 (June 1, 2024): 253–70. http://dx.doi.org/10.2478/bjes-2024-0012.
Full textAbstract:
Abstract The term ‘digitalization’ of public administration, used as a synonym for ‘e-government,’ fi rst implies the implementation of fast, secure procedures by an administrative body. E-governance, or as it is more recently termed, digital governance, involves the introduction of innovations and technologies in public governance/administration. It can be argued that the digitalization of public administration against the background of contemporary social challenges may be the key of opportunities for both the state and members of the society. Despite its certain conditionality, the electronic governance index (since 2003, the United Nations has issued a comparative index of countries’ e-governance every two years, based on three main indicators) profi ciently reflects the dynamics of countries’ efforts in introducing innovations in public administration and involving citizens in the process of e-services, which ultimately contributes to bringing citizens closer to modern digital administration. The article refers to the legal aspects of using digital means in e-government on the example of Georgia. The reform of public administration in Georgia started in 2015, after the Association Agreement was signed between Georgia and the European Union. Georgia has already fulfi lled several commitments in the framework of this program in terms of striving for more transparent governance, but despite this, the mentioned reform faces challenges on this path. The article examines aspects of e-government such as e-services, e-participation, personal data protection, and the impact of e-government implementation on the efficiency of public administration. Since the mentioned issue is complex in nature and extends in several directions, the article discusses the regulation of electronic administrative proceedings and the effectiveness of its use in the process of implementing public administration, stages of modernization of state governance, types of electronic proceedings, possibilities of legitimate governance from the administrative body, and prospects for its implementation on the example of Georgia.
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Lingchen, Pu. "Judicial Review of Anti-dumping Measures in China." Global Trade and Customs Journal 7, Issue 5 (May 1, 2012): 237–39. http://dx.doi.org/10.54648/gtcj2012029.
Full textAbstract:
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
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Bundjamin, Erry. "Judicial Review of Anti-dumping Determinations in Indonesia." Global Trade and Customs Journal 7, Issue 5 (May 1, 2012): 257–62. http://dx.doi.org/10.54648/gtcj2012032.
Full textAbstract:
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
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Trendl, Thomas J. "Judicial Review of Anti-dumping Determinations in the United States." Global Trade and Customs Journal 7, Issue 5 (May 1, 2012): 283–89. http://dx.doi.org/10.54648/gtcj2012035.
Full textAbstract:
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
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Vermulst, Edwin, and Edwin Vermulst. "Judicial Review of Anti-dumping Determinations in the EU." Global Trade and Customs Journal 7, Issue 5 (May 1, 2012): 240–47. http://dx.doi.org/10.54648/gtcj2012030.
Full textAbstract:
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
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Seetharaman, Sampath. "Judicial Review of Anti-dumping Actions Country Study: India." Global Trade and Customs Journal 7, Issue 5 (May 1, 2012): 248–56. http://dx.doi.org/10.54648/gtcj2012031.
Full textAbstract:
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
34
McIlroy, James. "Judicial Review of Anti-dumping Determinations in Canada." Global Trade and Customs Journal 7, Issue 5 (May 1, 2012): 231–36. http://dx.doi.org/10.54648/gtcj2012028.
Full textAbstract:
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
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Uruchurtu, Gustavo A. "Judicial Review of Anti-dumping Determinations in Mexico." Global Trade and Customs Journal 7, Issue 5 (May 1, 2012): 263–74. http://dx.doi.org/10.54648/gtcj2012033.
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This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
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Brink, Gustav. "Anti-dumping and Judicial Review in South Africa: An Urgent Need for Change." Global Trade and Customs Journal 7, Issue 5 (May 1, 2012): 275–82. http://dx.doi.org/10.54648/gtcj2012034.
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This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
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Borzenko, Oleksandra. "ENCOURAGEMENT OF THE FOREIGN LANGUAGE TEACHERS IN THE EUROPEAN UNION COUNTRIES AS AN IMPORTANT BASIS FOR CREATING THE EFFECTIVE SYSTEM OF MOTIVATION FOR PROFESSIONAL SELF-DEVELOPMENT." Problems of Modern Teacher Training, no. 1 (April 28, 2022): 6–14. http://dx.doi.org/10.31499/2307-4914.1.2022.258463.
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Based on the performed research it is determined that the encouragement of the teachers of the European Union countries can be reflected in providing certain benefits for conscientious performance of professional duties and be a basis for distinction in a material, organizational, personal way; in reward for active professional pedagogical activity, etc. It is determined that encouragement procedures are a set of interrelated, interdependent procedural actions, subject to the administrative regulations, which are aimed at achieving a certain result determined by the objective of the existing regulations of the encouragement system of each country of the European Union and evaluated by the appropriate encouragement. Encouragement systems reflect the professional activities not only of individual teachers but also of the entire teaching staff of a higher education institution, that arouses interest in obtaining certain material, moral and social benefits. Emphasis is placed on the role of encouragement as an important basis for creating a system of motivation to improve the professional competence of teachers. It is established that motivation causes interaction of conditions of activity of the foreign language teachers and its focus on self-development, self-improvement of their professional quality and depends on individual characteristics, age, pedagogical experience, job title, general and professional competence, which provides for a combination of knowledge of didactics, psychology and methods of teaching foreign languages, linguistics, etc. The necessity of changes in the professional activity of the foreign language teachers is noted, which today formulate new goals and their achievements with the innovative pedagogical technologies and their means.The views of both domestic and foreign scientists on the research problem are analyzed, which allow us to conclude that each European Union country has its own personal differences in the encouragement system (wages, incentives, additional payments, financial rewards, etc.), i.e., heterogeneity exists not only in universities of different countries but also within a particular higher education institution. At the same time, the requirements for knowledge and understanding of theoretical and practical strategies of encouragement systems largely coincide.
Keywords: European Union countries; encouragement; teachers; foreign language teachers; motivation systems; incentive; professional competence; innovation activity; self-improvement; self-development.
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Voron, Diana. "Peculiarities of pre-trial settlement of administrative disputes in Ukraine and foreign countries." Visegrad Journal on Human Rights, no. 1 (May 6, 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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Delić, Amel, Đevad Šašić, and Merima Tanović. "PRECONDITIONS FOR ESTABLISHING PUBLIC PRIVATE PARTNERSHIP AS A MODEL OF EFFECTIVE MANAGEMENT OF PUBLIC AFFAIRS." Uprava 12, no. 1 (October 20, 2021): 55–69. http://dx.doi.org/10.53028/1986-6127.2021.12.1.55.
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The scope of state activities, particularly of the public administration is increasing and becoming more demanding. State administration has always served to some higher interest, which slightly changed during the history, but regardless, their activities covers numerous areas of everyday life and often complex and formalized procedures that require specific knowledge and skills.Contemporary approach of state administration needs to be rationalized and inclusive, due to global context, availability of information, higher level of citizen rights and increased needs and other factors. State is adopting new patterns, and one of them that enables the state to follow the social dynamic and rationalize its activities and resources is Public Private Partnership. In this paper the concept of Public Private Partnership has been presented with fundamental motives for its implementation, as well as the benefits and negative aspects, throughout the prism of three countries from Central and Eastern Europe, but practically the same geographical region and with similar political, economic and legal background: Bulgaria, Hungary and Bosnia and Herzegovina. The paper presents the legislative, political and administrative perspective of Public Private Partnership, having in mind that first two countries recently became European Union members, and are just completing the transition that the third country, Bosnia and Herzegovina is starting at the moment.
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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, no. 2 (May 11, 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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Wantoch-Rekowski, Jacek, and Elisabetta Tatì. "Controlling the Spending of EU Funds in Italian and Polish Law Against the Background of EU Regulations." Białostockie Studia Prawnicze 28, no. 2 (June 1, 2023): 115–34. http://dx.doi.org/10.15290/bsp.2023.28.02.08.
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Abstract Spending from the budget of the European Union (EU) should be done correctly, in line with EU and Member State legislation. However, minor or major irregularities cannot be avoided in the disbursement of EU funds, so procedures must be in place to detect and eliminate them. Control procedures are key in this respect. This article reviews the EU regulations that apply to the control of EU spending and analyses the control concepts adopted in two Member States: Italy and Poland. The authors found that in these two countries, the control of EU spending is carried out by a number of actors. Solutions for improvement were identified. The authors find it reasonable to conclude that administrative controls on the use of EU funds in Italy and Poland can be considered as on the path of being effective and efficient.
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Buccino, Giulia, Elisabetta Iossa, Biancamaria Raganelli, and Mate Vincze. "Competitive dialogue: an economic and legal assessment." Journal of Public Procurement 20, no. 2 (March 31, 2020): 163–85. http://dx.doi.org/10.1108/jopp-09-2019-0059.
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Purpose The purpose of this paper is to discuss the economic and legal rationale for the use of the competitive dialogue in complex procurement. The authors use the data set of public contracts awarded by European Union (EU) member states between 2010 and 2017 to analyse its usage patterns. In particular, the authors identify the types of contracting authorities that mainly use the procedure, the sectors and contract characteristics and the role of institutional factors related to the country’s perceived corruption and level of innovativeness. Design/methodology/approach The authors discuss economic and legal issues in the use of the competitive dialogue. The authors use a data set of public contracts awarded by EU member states, published on the EU’s public procurement portal Tenders Electronic Daily (TED) to analyse usage patterns and explore the types of contracting authorities that use the procedure, the sectors and type of tenders. The data covers a sample of 1.242.090 observations, which relates to all the contract award notices published on TED in the period 2010-2017 for all the 28 European member states. A probit model is used as a methodology. Findings The empirical analysis reveals that the use of competitive value is greater for larger value contracts, for national rather than local authorities, for the supply of other manufactured products and machinery; for research and development and business, as well as information technology services; and for construction works. The level of perceived corruption and the gross domestic product/capita do not have explanatory power in the use of the procedure, whilst a country’s degree of innovativeness, as measured by the global innovation index, positively affects the probability of adopting the procedure. A decreasing trend in the use of competitive dialogue over time is observed. Research limitations/implications In conclusion, the countries examined benefited from a long tradition of public–private partnerships (PPPs) and from a transposition of the 2004 directive, able to provide an inclusive interpretation of complexity, and therefore, stimulate the adoption of the competitive dialogue in different sectors. Conversely, the countries, which postponed a concrete transposition and the overcoming of the confusing concept of complexity, limited the scope for the application of competitive dialogue, relying on the easier alternative: the negotiated procedure. Those circumstances lead to visible difficulties in stimulating the adoption of the procedure even in the traditional sectors; indeed, only with the new directive’s provisions a slight change in the trend can be seen. Practical implications To foster the use of the competitive dialogue in countries that have so far used it to a limited extent is important to improve upon the definition of complexity and learn from the experience of the top usage countries, as identified in the analysis. Social implications Helping the use of the procedure may facilitate the procurement of complex contracts such as PPPs, and thus, ease the building and management of public infrastructures for the provision of public services. Originality/value The authors are not aware of previous studies that have used the TED data set and studied the law in a number of European countries so as to understand the usage patterns for the competitive dialogue.
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Logvynenko, M. I., and K. D. Oleksenko. "Reconciliation of the parties: the role of mediation in the resolution of administrative conflicts." Analytical and Comparative Jurisprudence, no. 2 (May 11, 2024): 479–82. http://dx.doi.org/10.24144/2788-6018.2024.02.81.
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This article is dedicated to discussing «The role of mediation in resolving administrative disputes?». In the modern world, where conflicts are an inevitable part of interaction, it is important for society to find effective and peaceful methods of resolution. In this context, mediation is particularly relevant, useful, and valuable as a tool for administrative relations, as it allows parties to involve competent mediators for effective resolution of administrative issues in case of legal violations by subjects. Mediation is a new practice in many European countries (Poland, Bulgaria, Estonia, Sweden) and is expanding as an alternative to judicial procedures. This method aims to reconcile and coordinate issues between conflicting parties, especially in the administrative sphere where there are various interests and positions, including general public relations: business, education, relations with government entities. With each passing year, there is an increase in the number of lawsuits filed in administrative courts. To simplify the work of administrative authorities, judicial and extrajudicial methods of conflict resolution are used. The use of mediation methods can ensure effective resolution of disputes without the need for significant resources spent on judicial procedures. It is important to consider the key aspects of the role of mediation in resolving administrative conflicts and its importance for building harmonious relations in society. Successful implementation of mediation methods contributes not only to conflict resolution but also to increasing mutual understanding between ordinary individuals (citizens, stateless persons, foreigners) and the state, promoting trust, creating sustainable and long-term solutions that satisfy the needs of both parties. Unlike the European Union, Ukrainian society is at an early stage of using mediation as a complex process for conflict resolution. The relevance and problematic nature of the topic lie in the lack of information among ordinary citizens about the mediation process as a method of resolving critical issues. Effective use of mediation in the administrative process requires qualified mediators who are competent and knowledgeable about the specifics of resolving such issues. Questions also arise regarding the use of the mediation process due to the lack of a clear methodology.
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Struchok, Volodymyr. "LEGISLATIVE AND ADMINISTRATIVE APPROACHES TO HOUSEHOLD SOLID WASTE MANAGEMENT." Environmental Problems 8, no. 1 (2023): 8–17. http://dx.doi.org/10.23939/ep2023.01.008.
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The evolution and content of the Ukrainian Laws "On Waste", "On Strategic Ecological Valuation", "On Waste Management" as key documents of the national legislative base regarding the treatment and management of waste, including household, on the subject of their ability to provide administration solutions to growing problems in the specified field of activity are investigated. In particular, it is established that the evolution of the title of the executive power central body (CBEP) in the current Law of Ukraine "On Waste", which is at present the main one in Ukraine regarding household waste (HW) management, has proceeded from rather specific to quite blurred parallel to the significant increase of problems in the sphere of HW treatment, specific sources of funding of the above-mentioned treatment have not been prescribed at the state level. In the procedure of strategic ecological valuation (SЕV) of the state planning documents (SPD), a large number of authorities at all stages of customer valuation (executive power body, local government) and non-availability of participation of the rest of SEV individuals (executive power central bodies (CBEP), regional state administration (RSA), public) at the final stages, particularly, at such important one as monitoring the consequences SPD execution for the environment and public health is determined. The dependence of the flow depth of HW processing from financing and implementation of regional and local waste management plans is proved. Schemes of management and HW treatment are given, and their functioning, in particular, the essence of HW management, is investigated. It is established that at this stage of the country's life for the next seven years, there are no necessary sources for funding the investment programs in HW management. Therefore, it is reasonable to attract budget funds, contributions from investors and grants from the countries of the European Union and the world.The ways to solve the problems in waste management are proposed.
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López-Nores, Martín, José J. Pazos-Arias, Abdulkadir Gölcü, and Ömer Kavrar. "Digital Technology in Managing Erasmus+ Mobilities: Efficiency Gains and Impact Analysis from Spanish, Italian, and Turkish Universities." Applied Sciences 12, no. 19 (September 29, 2022): 9804. http://dx.doi.org/10.3390/app12199804.
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The European Union is investing in the areas of digital skills, digital infrastructures, digitisation of businesses, and public services to speed up numerous administrative processes and to facilitate access to citizens from member countries and neighbouring ones as well. This study provides a quantitative assessment of the efficiency gains that can be attained by the ongoing digital transformation in the realm of Erasmus+, the European Commission’s programme for education, training, youth, and sport for the period 2021–2027. This programme manages a sizable budget allocated to education and training opportunities abroad for millions of students, teachers, and other staff of Higher Education Institutions within the EU and beyond. The management of such experiences has significantly grown in complexity over the last decades, entailing notable expenses that the EC aims to reduce through the end-to-end digitalisation of administrative procedures. Our analysis of the savings attained by the so-called Erasmus Without Paper project (EWP) was conducted by taking a close look at the workload, resources, and money invested in Erasmus+ proceedings by four universities from Spain, Italy, and Turkey. The analysis revealed significant savings in terms of paper wastage (a reduction of more than 13.5 million prints every year for the whole Erasmus+ programme) and administrative time, which may translate into lower staff effort and increased productivity, to the point of managing up to 80% more mobilities with the same resources and staff currently available.
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Alferova, Elena. "Soft law to protection from COVID-19 : comparative approaches in the national legal regulation of the pandemic by the member states of the European Union." Urgent Problems of Europe, no. 1 (2022): 94–125. http://dx.doi.org/10.31249/ape/2022.01.04.
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COVID-19 has resulted in the unprecedented closure of borders and the blocking of cities and regions, it has taken millions of lives, created an emergency situation in public health and administrative management. In order to respond to the coronavirus pandemic in a timely manner and apply unified approaches to its «taming», the EU institutions and public authorities of national member states, in addition to the current legislative acts, have widely used such legal regulators of public life and administrative management as soft law. With the use of circulars, instructions, guidelines and other acts of soft law, the rules of behavior of the population and its individual groups in a pandemic began to be urgently introduced, the procedure for vaccination and remote work and education were explained. Acts of soft law, which, according to the theory of law, are not binding, on the one hand, have become an internal guide to the actions of authorities to organize the management of subordinate infrastructure, save the economy, on the other hand, external rules aimed at voluntary compliance with them by residents of cities and settlements (recommendations, appeals, explanations, etc.). Main strategies of the EU member states in the application of soft law measures are aimed at saving human life, supporting the economy, education and healthcare. Flexible, prompt and unified use of hard and soft law on the territory of the EU member states at the beginning of the pandemic – spring-summer 2020, a period of confusion and emergency, allowed to stabilize the situation, invent a vaccine against COVID-19, open borders and transport links, strengthen the capabilities of medicine and education. This article examines the peculiarities of the application of soft law in some EU member states – Italy, Germany, Hungary, Greece, Sweden – at the first most difficult stages of the pandemic. These countries followed different approaches to combating the pandemic, ranging from complete isolation and the introduction of a «state of siege» in Italy and ending with soft recommendations in Sweden. These differences are not only due to the legal and political traditions of these countries, but also to the specific approaches of those states, reflecting the special conditions they faced at the local level.
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Henriques, Carla, and Clara Viseu. "How Efficient Is the Implementation of Structural Funds Committed to Enhancing ICT Adoption in SMEs?" Journal of Open Innovation: Technology, Market, and Complexity 8, no. 3 (August 23, 2022): 147. http://dx.doi.org/10.3390/joitmc8030147.
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We evaluated the execution of the operational programs (OPs) committed to encouraging the adoption of information and communication technologies (ICTs) in small and medium-sized enterprises (SMEs). To achieve this goal, we employed a novel three-stage weighted Russel directional distance (WRDD) data envelopment analysis (DEA) model in conjunction with stochastic frontier analysis (SFA), which considers indicators officially mandated by the European Union (EU) and environmental factors, to evaluate 51 OPs from 16 EU countries. All in all, we concluded that by removing the environmental factors, about 30% of the OPs (16) reached an efficient procedural performance against 20% (10). The OP more frequently viewed as a benchmark regardless of the environmental factors is “Multi-regional Spain—ERDF” that remains robustly efficient within 5% and 10% tolerances. Without the removal of the environmental factors, the “number of operations supported” is the indicator that requires more attention from management authorities (MAs), whereas with their removal one-third of the OPs need to further reduce the “eligible costs decided” and improve “eligible spending”. According to our findings, more developed regions and a higher rate of ICT specialists seem to be related to an underuse of ERDF funds dedicated to boosting ICT in SMEs. These findings might be related to the administrative burden and the lack of ability of SMEs to deal with the various procedures for applying for and implementing European Regional Development Fund (ERDF) projects. Overall, it is critical to provide further support that simplifies administrative procedures and addresses SMEs’ specific requirements.
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Batiuk, Stepan. "ПРАВОВИЙ СТАТУС ТА ПОВНОВАЖЕННЯ ПРЕФЕКТІВ У ФРАНЦІЇ." Visnyk of the Lviv University. Series Law, no. 78 (June 20, 2024): 149–58. http://dx.doi.org/10.30970/vla.2024.78.149.
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The article is devoted to the study of the legal status and powers of the prefect in the Fifth French Republic from the moment of the introduction of this position to the present day. A detailed analysis of the root causes that necessitated the creation of this position is conducted, as well as historical, social and political aspects that influenced the formation of the legal status, the granting of a certain category of powers and the delineation of the area of responsibility are considered. The basic ideas and concepts on which the prefect exercises his powers and performs management activities are worked out. All stages of reforming the prefect's institute, as well as the system of reforming local bodies of public administration in the plan of carrying out the reform of public administration decentralization in France, are considered. A study of the personnel training system for this government institute is conducted, all the advantages are analyzed and possible shortcomings of this educational system are taken into account. Approaches to the selection of personnel for the post of prefect are also considered. The procedure for appointing a prefect to the position, as well as the prospects and directions for promotion in various sections of the civil service, is analyzed. The article is currently relevant, as the experience of the French Republic in the field of decentralization of public administration over the past three decades will provide an opportunity to implement all positive aspects in the process of administrative and territorial reform in Ukraine. Given that, the French Republic is extremely close in terms of territory to Ukraine and has the same unitary form of government as our state, consequently the study of the experience of the policy of decentralization of the system of public authorities is of great importance for Ukraine, in terms of the decentralization reform launched in 2014. Since Ukraine is a country of the post-Soviet space, it, like other countries, is in the process of reforming and improving its public administration system, including the administrative-territorial system. Therefore, it is quite logical that for building a new state, which is based on democratic principles, using experience and experience, is successful and one of the leading leaders of the European Union and the global world as a whole, which has long-standing legal and administrative traditions, including in the field administrative-territorial system and organization of public authorities and administration, the French Republic is singled out as an example. Keywords: local self-government bodies, public service, decentralization, public administration reform, public administration.
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Prokopowicz, Dariusz. "THE PROCESSES OF CONSOLIDATION AND CONCENTRATION OF CAPITALAS IMPORTANT DETERMINANTS OF ECONOMIC GLOBALIZATION PROCESSES AFFECTING THE ECONOMIC DEVELOPMENT OF THE BANKING SYSTEM IN POLAND." International Journal of Legal Studies ( IJOLS ) 4, no. 2 (December 30, 2018): 217–44. http://dx.doi.org/10.5604/01.3001.0013.0017.
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The systemic transformation and socio-economic, which was initiated in Poland since 1989, are related with the intensified globalization processes that take place in various economic and social spheres of economy, including banking. Financial institutions as well as commercial banks are the entities which are not only subjects to theglobalization processes, they co-create these processes. The key attributes of globalization include deregulation processes, digitalization and internationalization, ie. global determinants, which were correlated with the adaptation of the financial system functioning in Poland to the European Union standards. To adjust internal procedures, product offerings and techniques of ICT operating in Poland banking to EU standards one has to consider the processes of consolidation and concentration of capital. These processes are applied in the commercial dimension of the financial system, including the banking sector since the mid-90s. Financial systemthat currently exists in Poland and includes the banking sector is among the best adapted to the EU standards. It is simultaneously one of the most globalized sectors of the economy. The key date for this issue concerns the year 2004, when Poland entered the European Union market structures. Currently, it is assumed that the process of globalization of financial markets and the banking system in Poland, apart from the consolidation processes and adjustments has been determined by such factors as administrative and supervisory goals of the central banking and supervisory bodies in the financial system and adjusting banking norms of law to the standards of Western highly developed countries.
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Zavadska, Anhelina. "Legal tendencies of startup regulation in the EU." Law and innovations, no. 3 (35) (September 21, 2021): 112–18. http://dx.doi.org/10.37772/2518-1718-2021-3(35)-15.
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Problem setting. The development of information and communication technologies, digitalization of society, the transition of consumers to the sphere of electronic interaction with the seller of goods, services, works causes the need for legal support for the effective development of innovative sectors of the economy. At the same time, first of all, it is necessary to take into account the needs of innovative newly created business entities - startups, the legal nature and specifics of which do not have a common understanding in Ukraine and abroad. At the same time, startups are the main "consumers" of grant proposals and contribute to attracting additional investment, including foreign, in the economies of individual countries. That is why the European Union (hereinafter - the EU) in its policy in 2021 has set a course to maximize the incentive to establish startups in the EU as people already living in Member States and immigrants from third countries, because it is from the level of innovative entrepreneurship depends on the economic stability and potential of the future of the state. Analysis of resent researches and publications. Recent research and publications on the subject. Scientists such as S. Blank, J. Guzman., S. Stern., S. Glibko, K. A. Karbovska, TV Kotyai, L. Gulyaeva, L. Zhuk and others. The target of research is to conduct a comprehensive analysis of legal trends in the development of startups in the EU and compliance with these trends in regulations and law enforcement practices of Ukraine. Article’s main body. Today in the EU the signing of the Declaration "Startup Nations Standard" is in the final stage. By analyzing the content of this Declaration, at an early stage of development of startups it is possible to identify the following vectors of development of legal regulation of EU countries: 1) fast state registration of the startup (as a general rule - 1 day, however, in exceptional cases related to the need for additional checks - no more than a week); 2) the cost of administrative services related to registration may not exceed 100 EUR. 3) availability of effective support services for startup founders; 4) the existence of a single web portal, which has all the relevant legal information on the registration procedure, administrative fees and funding opportunities; 5) availability of electronic support system, including from other EU countries; 6) recognition of legal documents of other EU countries as confirmation of startup registration. The same Declaration provides for cooperation with non-EU countries, which includes, on the one hand, an accelerated procedure, visa issuance for persons planning to register a startup in an EU member state, which can be achieved by having a startup partner from the state. EU, or the presence of such a founder of relevant experience in conducting innovative business, and on the other - to encourage the return to the EU of startups whose founders emigrated to other countries. In addition, it is declared to reduce the tax burden and simplify administrative procedures, in order to implement the guiding principle of supporting EU business - "Think Small First". As of March 2021, the Declaration of Startup Nations Standard has been signed by 24 EU member states and only 3 countries are refraining from signing: Hungary, Bulgaria and Croatia. Conclusions and prospects of the development. The leading trends in the development of EU legislation are to simplify the procedure and "reduce" the cost of state registration of startups, digitalization of communication between their founders and government agencies, promoting a single web portal that takes into account all relevant information necessary for registration and operation of startups. about available administrative services, their cost, term of granting, actual grant offers and means of state support, etc.). Compared to the analyzed EU member states, Ukraine generally meets the requirements of the Declaration "Startup Nations Standard" on the speed and cost of state registration of startups, as well as the publication of relevant information for founders on the list of required documents and details of services. At the same time, information support for startups needs to be improved in terms of the functioning of a single web portal with up-to-date data on the opportunities for startups to receive support and other legal information necessary for their activities.