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1
Bronckers, Marco, and Yves Van Gerven. "Legal Remedies Under the EC’s New Chemicals Legislation REACH: Testing a New Model of European Governance." Common Market Law Review 46, Issue 6 (December 1, 2009): 1823–71. http://dx.doi.org/10.54648/cola2009075.
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The REACH legislation constitutes a milestone for the European Union. It sets new standards for environmental law, which are becoming the benchmark for many countries and companies around the world. This new chemicals legislation also introduces institutional novelties at the European level. An independent European agency with decision-making powers has been created to administer this complex and highly technical legislation. Nevertheless, the European Commission and the Member States have maintained direct influence over the agency’s work, and participate in various roles in the implementation of REACH. These environmental and institutional innovations are not making the position of companies, who are the immediate addressees of the legislation, any easier. The present article analyses the decision-making processes under REACH, and inquires which legal remedies, if any, registering companies have in the event they encounter decisions that adversely affect them. It will be shown that companies are not always in an enviable position. They are paying a price, it seems, for the still evolving institutional architecture of the European Union. In other words, the deficiencies in legal protection we identify point to more fundamental problems surrounding the effectiveness and accountability of European agencies. Thus, this analysis can also serve as a case study to test new models of European governance. The article offer recommendations for improvement.
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Klovach, E. V., G. M. Seleznev, and A. Yu Sulimov. "Relationship between the Classification of Chemical Products and Criteria for Qualifying Objects as Hazardous Production Facilities." Occupational Safety in Industry, no. 10 (October 2022): 27–32. http://dx.doi.org/10.24000/0409-2961-2022-10-27-32.
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In 2002 the international community adopted a new system of hazard classification and labeling of chemical products, which is recommended to be implemented by all the Member- countries of the United Nations through national legislation and international acts. Within the frame of the implementation of this decision, in 2015 the amendments were made to the Directive of the European Community of June 24, 1982, № 82/501/EEC on the prevention of major industrial accidents, and to the United Nations Convention onthe prevention of major industrial accidents, and a little later to the national legislation of the European countries establishing measures on preventing major accidents. In 2017, the countries of the Eurasian Economic Union adopted the technical regulation on the safety of chemical products, which establishes classification criteria that are completely identical to the criteria for the system of hazard classification and labeling of chemical products. Entry into force of the technical regulation of the Eurasian Economic Union will lead to the need for amending all theregulatory legal acts and regulations that contain regulations based on the classification of chemical products, including in the Federal Law № 116-FZ of July 21, 1997, On industrial safety of hazardous production facilities. The task of harmonizing the legislation on industrial safety with the international documents in terms of the classification of chemicals was planned to be solved when developing a new law on industrial safety. During the discussion, the developers encountered different approaches to the definition of classes of hazardous substances, the analysis of which became the subject of this article. The authors formulated proposals that can be used at the next round of harmonization of the Russian legislation on industrial safety with the international documents. When preparing proposals with classes and lists of hazardous chemicals for use in the industrial safety legislation, a comparison was made not only of the definitions of classes of chemicals in different documents, but also of their quantities, which are the criteria for qualifying objects as hazardous production facilities. It is noted that the term «flammable liquids», used in 116-FZ, practically does not occur in the international classifications, therefore, when developing new documents, it was proposed not to use it.
3
Chmil, V. D., and H. I. Petrashenko. "To the issue of studying plant protection products active substances behavior inside the surface and ground water in Ukraine according to the European Union (EU) regulations." Ukrainian Journal of Modern Toxicological Aspects 91, no. 2 (September 15, 2021): 63–78. http://dx.doi.org/10.33273/2663-4570-2021-91-2-63-78.
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Purpose. To consider the study of the fate and behavior of active substances of plant protection products (AS PPP) in surface and groundwater in EU countries, the quality of surface and groundwater associated with the use of PPP in Ukraine and proposals for improving domestic monitoring of environmental and chemical status of surface and groundwater in Ukraine according to the EU regulations. Materials and Methods. The presence of AS PPP in water in Ukraine is regulated by various legislative acts, including the Law on Drinking Water and Drinking Water Supply, the Order of the Ministry of Health of Ukraine on Approval of State Sanitary Norms and Rules “Hygienic Requirements for Drinking Water for Human Consumption”, the Water Code of Ukraine, Ministers of Ukraine “Procedure for state water monitoring”, the Law of Ukraine “On ensuring the sanitary and epidemiological well-being of the population” and others. Most of these documents take into account the safety criteria and quality indicators of drinking, surface and groundwater established in the EU. The Water Code of Ukraine and the Procedure for State Water Monitoring also take into account the main provisions of the EU Water Framework Directive in the field of protection of surface and groundwater from pollution by hazardous substances, including PPP. However, it should be noted that these documents use terms that are not in the EU documents and which misinterpret the terms and concepts that have become entrenched in world environmental science, in particular in the field of protection of surface and groundwater from contamination by hazardous chemicals. The use of such terms undoubtedly complicates the intended use of Ukrainian documents. Conclusions. Proposals have been formulated on the inappropriateness of using in the legislative acts of Ukraine in the field of water policy some concepts and terms that does not meet EU requirements and have expired and are not used in Ukraine according to the Order of the Cabinet of Ministers of Ukraine №94-r from 20.01.2016. When state registration in Ukraine of PPP of foreign production, which have passed the necessary tests in EU countries, in the dossier for the formulation registered and submitted by the Applicant, the values of predicted concentrations of DR PPE in soil, surface and groundwater and air must be given. characterize the risk to humans and non-target organisms. Key Words: active substances of plant protection products, surface waters, groundwater, environmental quality standards, predicted ecological concentrations of active substances of plant protection products, monitoring of ecological and chemical condition of surface and groundwater.
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Kuryndin, A. V., A. S. Shapovalov, N. B. Timofeev, and A. L. Vernik. "On the Regulation of Liquid and Airborne Radioactive Discharges of the Industrial Enterprises that do not Use Atomic Energy." Occupational Safety in Industry, no. 1 (January 2021): 88–93. http://dx.doi.org/10.24000/0409-2961-2021-1-88-93.
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In accordance with the legislative framework of the system for regulating liquid and airborne discharges of radioactive substances into the environment in force in the Russian Federation, this system is equally designed to regulate discharges of the radionuclides of both artificial and natural origin. The mechanisms of radiological impact of the discharges of natural origin radionuclides on the environment and population do not have any specificity in comparison with the ones of artificial origin radionuclides. Nevertheless, to date, the law enforcement of the Russian system for regulating discharges of the radioactive substances is applied only in relation to the discharges of the radionuclides of artificial origin carried out by nuclear facilities. At the same time, regulation of the discharges of natural origin radionuclides, in accordance with the safety standards of the International Atomic Energy Agency, is the best practice in the field of environmental protection, and the levels of radiation exposure, which characterize such discharges, are not low enough to be neglected. Regulation of the discharges of natural origin radionuclides is provided for in the norms of the European Union and is practically applied in the number of countries of the European Union, where the legislation provides for the regulation of activities, in which the raw materials containing radionuclides of natural origin are used, and the types of economic and other activities subject to this regulation are determined. The Russian system of regulation of discharges of the radioactive substances into the environment is built on the same basic principles and criteria that underlie foreign regulation systems, and which are recommended by the International Atomic Energy Agency. The regulatory and methodological base formed to date in the Russian Federation contains all the required legal mechanisms for the regulation of discharges of the radioactive substances from nuclear facilities, is based on the best international practices and fully complies with the standards of the International Atomic Energy Agency.
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Dąbrowska, Jolanta, Marcin Sobota, Małgorzata Świąder, Paweł Borowski, Andrzej Moryl, Radosław Stodolak, Ewa Kucharczak, Zofia Zięba, and Jan K. Kazak. "Marine Waste—Sources, Fate, Risks, Challenges and Research Needs." International Journal of Environmental Research and Public Health 18, no. 2 (January 7, 2021): 433. http://dx.doi.org/10.3390/ijerph18020433.
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The article presents a comprehensive and cross-cutting review of key marine waste issues, taking into account: sources, fate, risks, transport pathways, threats, legislation, current challenges, and knowledge gaps. The growing amount of both human-created waste in seas and oceans and waste reaching marine ecosystems from land is one of today’s challenges for the global economy and the European Union. It is predicted that if no decisive steps are taken to limit the amount of this type of waste, there may be more plastic waste than fish in the oceans after 2050. The influence of microplastics and nanoplastics on living organisms remains undiagnosed. Within the international and EU law, solutions are being developed to properly manage waste on board ships and to reduce the impact of processes related to the recycling of the vessels on the environment. Currently, over 80% of ships are dismantled in the countries of South Asia, in conditions that threaten the environment and the safety of workers. After World War 2, large quantities of chemical weapons were deposited in the seas. Steel containers with dangerous substances residing in the sea for over 70 years have begun leaking, thus polluting water. For many years, radioactive waste had also been dumped into marine ecosystems, although since 1993 there has been a total ban on such disposal of radionuclides. The impact of the COVID-19 pandemic on marine waste generation has also been presented as a significant factor influencing marine waste generation and management.
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Dąbrowska, Jolanta, Marcin Sobota, Małgorzata Świąder, Paweł Borowski, Andrzej Moryl, Radosław Stodolak, Ewa Kucharczak, Zofia Zięba, and Jan K. Kazak. "Marine Waste—Sources, Fate, Risks, Challenges and Research Needs." International Journal of Environmental Research and Public Health 18, no. 2 (January 7, 2021): 433. http://dx.doi.org/10.3390/ijerph18020433.
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The article presents a comprehensive and cross-cutting review of key marine waste issues, taking into account: sources, fate, risks, transport pathways, threats, legislation, current challenges, and knowledge gaps. The growing amount of both human-created waste in seas and oceans and waste reaching marine ecosystems from land is one of today’s challenges for the global economy and the European Union. It is predicted that if no decisive steps are taken to limit the amount of this type of waste, there may be more plastic waste than fish in the oceans after 2050. The influence of microplastics and nanoplastics on living organisms remains undiagnosed. Within the international and EU law, solutions are being developed to properly manage waste on board ships and to reduce the impact of processes related to the recycling of the vessels on the environment. Currently, over 80% of ships are dismantled in the countries of South Asia, in conditions that threaten the environment and the safety of workers. After World War 2, large quantities of chemical weapons were deposited in the seas. Steel containers with dangerous substances residing in the sea for over 70 years have begun leaking, thus polluting water. For many years, radioactive waste had also been dumped into marine ecosystems, although since 1993 there has been a total ban on such disposal of radionuclides. The impact of the COVID-19 pandemic on marine waste generation has also been presented as a significant factor influencing marine waste generation and management.
7
Carr Kaljo, Cassandra. "Concept of Essential Uses: An Exploration." European Energy and Environmental Law Review 30, Issue 1 (March 1, 2021): 2–8. http://dx.doi.org/10.54648/eelr2021001.
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European chemicals legislation – while among the most advanced in the world – still needs tools for bringing greater consistency to the substance evaluation processes. This article explores the elements of the ‘essential use’ concept – as proposed by the Montreal Protocol – in the European framework. The Treaty on the Functioning of the European Union provides context to understanding ‘health’, ‘safety’, and ‘functioning of society’ in order to then view how these elements are reflected within Union legislation and case law. In the balancing of EU priorities, examples exist where importance is given through exemptions and derogations to sectors within the categories of health, safety, and societal advancement. This demonstrates the possibility of the concept to help define essentiality and to determine specific uses that may be deemed essential. Essential Use, Chemicals, Chemicals Legislation, European Law, Environmental Law, Montreal Protocol
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Makhamataminovich, Makhamatov Mahmud. "FEATURES OF THE LABOR LAW OF THE EUROPEAN UNION." American Journal of Political Science Law and Criminology 03, no. 01 (January 1, 2022): 80–85. http://dx.doi.org/10.37547/tajpslc/volume04issue01-13.
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The article examines the interaction of the national labor legislation of the member states of the European Union with European labor law, the influence of the Labor law of the European Union on the national legislation of the member states, the features of the labor legislation of the European Union, which differ from the legislation of other countries, a comparative analysis of the labor legislation of the Republic of Uzbekistan.
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Galushko, Dmitriy Viacheslavovich, Natalya Valerievna Oganova, Andrey Leonidovich Belousov, Elena Valerievna Grigorovich, and Aleksey Valerievich Sereda. "The EU law and the law of third countries: problems of interaction." SHS Web of Conferences 118 (2021): 02003. http://dx.doi.org/10.1051/shsconf/202111802003.
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The article discusses the problems of the interaction process of legal systems of international integration organizations with law of states that are not members of those entities. The research has been conducted on the example of the European Union. The authors conclude that the degree of influence of the international treaties between the EU and third countries on the legal orders of these states differs depending on the level of cooperation between the parties, which is precisely determined by such agreements. The European Union law is the main means of spreading the influence of the European Union on the legal systems of non-member states. Approximation of national legislation with the European Union’s acquis is a consistent process of approximation of the legal system of the state, including legislation, lawmaking, legal technique, law enforcement practice in accordance with the criteria set by the Union. Peculiarities of the legal approximation of law of particular states with law of the European Union are determined by the nature of the relationship between those subjects, by the goals set for such cooperation and fixed in mutual international treaties, as well as by the peculiarities of the state mechanism and the legal system of the respective state. Consequently, regarding European Union – Russia interaction in the field, regulatory engagement can be hardly called as efficient, smooth, and cloudless.
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Okuyucu-Ergün, Güne. "Anti-Corruption Legislation In Turkish Law." German Law Journal 8, no. 9 (September 1, 2007): 903–14. http://dx.doi.org/10.1017/s2071832200006040.
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Corruption poses an increasingly serious threat against Turkey as well as the rest of the world in many respects. The fight against corruption is crucial, in particular, to achieve an economic and political stability, to attract foreign investors and to establish the rule of law. In addition to those interests, which are common for almost all countries, anti-corruption has a particular importance for Turkey in the achievement of its goal of becoming a European Union member, since anti-corruption is expected to feature prominently in Turkey's talks on European Union accession.
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Cyman, D., E. Gromova, and E. Juchnevicius. "Regulation of Artificial Intelligence in BRICS and the European Union." BRICS Law Journal 8, no. 1 (April 11, 2021): 86–115. http://dx.doi.org/10.21684/2412-2343-2021-8-1-86-115.
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Global digitization and the emergence of Artificial Intelligence-based technologies pose challenges for all countries. The BRICS and European Union countries are no exception. BRICS as well as the European Union seek to strengthen their positions as leading actors on the world stage. At the present time, an essential means of doing so is for BRICS and the EU to implement smart policy and create suitable conditions for the development of digital technologies, including AI. For this reason, one of the most important tasks for BRICS and the EU is to develop an adequate approach to the regulation of AI-based technologies. This research paper is an analysis of the current approaches to the regulation of AI at the BRICS group level, in each of the BRICS countries, and in the European Union. The analysis is based on the application of comparative and formal juridical analysis of the legislation of the selected countries on AI and other digital technologies. The results of the analysis lead the authors to conclude that it is necessary to design ageneral approach to the regulation of these technologies for the BRICS countries similar to the approach chosen in the EU (the trustworthy approach) and to upgrade this legislation to achieve positive effects from digital transformation. The authors offer several suggestions for optimization of the provisions of the legislation, including designing a model legal act in the sphere of AI.
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Cana, Ruxandra. "Registration, Evaluation, Authorisation and Restrictions of Chemicals: An Analysis." European Energy and Environmental Law Review 13, Issue 4 (April 1, 2004): 99–109. http://dx.doi.org/10.54648/eelr2004013.
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Summary: The Community chemicals legislation is being re-written to amend and replace what is believed to be the inefficient and insufficient system of existing rules. The process, which started in 2001 with the publication of the White Paper on a New Chemicals Policy, has now come to the legislative adoption phase. This article analyses the European Commission's proposal for a Regulation concerning the Registration, Evaluation, Authorisation and Restrictions of Chemicals (REACH), establishing a European Chemicals Agency and amending Directive 1999/45 and Regulation (EC) on Persistent Organic Pollutants, as presented in October 2003 for adoption by the European Parliament and the Council of the European Union. It analyses its individual provisions by reference to the objectives sought by the revision of the existing chemicals legislation and by reference to the general principles of Community law.
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Siddiqui, Mohammad Nahid, Halim Hamid Redhwi, Abdulrahman A. Al-Arfaj, and Dimitris S. Achilias. "Chemical Recycling of PET in the Presence of the Bio-Based Polymers, PLA, PHB and PEF: A Review." Sustainability 13, no. 19 (September 23, 2021): 10528. http://dx.doi.org/10.3390/su131910528.
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The great increase in the production and consumption of plastics has resulted in large amounts of plastic wastes, creating a serious problem in terms of their environmentally friendly disposal. The need for the production of more environmentally friendly polymers gave birth to the production of biodegradable, and more recently, biobased polymers, used in the production of biodegradable or biobased plastics. Although the percentage of currently produced bioplastics is rather small, almost 1% compared to petrochemical-based plastics, inevitably is going to significantly increase in the near future due to strict legislation recently posed by the European Union and other countries’ Governments. Thus, recycling strategies that have been developed could be disturbed and the economic balance of this sector could be destabilized. In the present review, the recycling of the polymer mainly used in food plastic packaging, i.e., poly(ethylene terephthalate), PET is examined together with its counterparts from the biobased polymers, i.e., poly(lactic acid), PLA (already replacing PET in several applications), poly(3-hydroxybutyrate), PHB and poly(ethylene furanoate), PEF. Methods for the chemical recycling of these materials together with the chemical products obtained are critically reviewed. Specifically, hydrolysis, alcoholysis and glycolysis. Hydrolysis (i.e., the reaction with water) under different environments (alkaline, acidic, neutral), experimental conditions and catalysts results directly in the production of the corresponding monomers, which however, should be separated in order to be re-used for the re-production of the respective polymer. Reaction conditions need to be optimized with a view to depolymerize only a specific polymer, while the others remain intact. Alcoholysis (i.e., the reaction with some alcohol, methanol or ethanol) results in methyl or ethyl esters or diesters that again could be used for the re-production of the specific polymer or as a source for producing other materials. Glycolysis (reaction with some glycol, such as ethylene, or diethylene glycol) is much studied for PET, whereas less studied for the biopolymers and seems to be a very promising technique. Oligomers having two terminal hydroxyl groups are produced that can be further utilized as starting materials for other value-added products, such as unsaturated polyester resins, methacrylated crosslinked resins, biodegradable polyurethanes, etc. These diols derived from both PET and the bio-based polymers can be used simultaneously without the need for an additional separation step, in the synthesis of final products incorporating biodegradable units in their chemical structure.
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Čapla, Jozef, Peter Zajác, Katarína Ševcová, Jozef Čurlej, and Martina Fikselová. "Overview of the milk and dairy products legislation in the European Union." Legestic 1 (January 5, 2023): 1–16. http://dx.doi.org/10.5219/legestic.1.
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European Union legislation laying down rules for the dairy sector. The legislation defines the conditions under which milk and milk products intended for human consumption can be imported into the EU. Milk and milk products must come only from third countries that appear on the list of authorized countries. Establishments, where milk and milk products are produced, must be approved for export. The TRACES system is used on imports and the consignment must be accompanied by a certificate. This system ensures product traceability and prevents the introduction of diseases. An important role is delegated to the designated border control posts (BCPs) where the appropriate customs and veterinary inspections are performed by government institutions of the country. The European Union has adopted legislation to ensure the safety of food placed on the market in EU member countries. This legislation sets general hygienic requirements for food production based on the good manufacturing practice and the HACCP system. The criteria for microorganisms, chemicals, and applicable food additives are set. Also, the legislation contains requirements for product labeling. Part of the legislation concerns the common organization of the market in milk and milk products. These regulations contain rules for direct payments, subsidies, define the school milk system, etc. Specific legislation creates rules for organic bio food production, for production and labeling of products with the Protected Geographical Indication, Protected Designation of Origin, and Traditional Specialty Guaranteed. There is also legislation that defines the labeling of products intended for specific populations, e.g. gluten-free foods, lactose-free foods, etc. Areas not regulated by the legislation include the labeling of products with certification marks designed to highlight the suitability of food for religious purposes or quality certification.
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Timofeyeva, Liliya. "EUROPEAN INTEGRATION CHALLENGES IN THE CRIMINAL LAW POLICY OF UKRAINE IN WAR REGIME." European Historical Studies, no. 21 (2022): 18–27. http://dx.doi.org/10.17721/2524-048x.2022.21.2.
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Ukraine’s European integration direction has led to a set of significant changes in legislation and practice. Obviously, this is a high price, but the war has brought Ukraine closer to joining the European Union than ever before. On February 28, 2022, President Volodymyr Zelensky signed an application for Ukraine’s membership in the European Union. On April 8, 2022, during a visit to Kyiv by the President of the European Commission Ursula von der Leyen, a questionnaire was personally handed over to the Ukrainian side to obtain Ukraine’s candidate status for membership in the European Union. The war in Ukraine showed the effectiveness of European values. It showed their importance not only in the documents, but in concrete steps towards Ukraine’s meeting with European countries, in particular in sanctions against the Russian Federation, its oligarchs, diplomats and high-ranking officials. At the same time, harmonization with the legislation of the European Union still requires comprehensive changes in the legislation of Ukraine, in particular criminal legislation. Moreover, necessity of movement to European values and principles has been identified. Each state is sovereign and unique in the peculiarities of its legal regulation. However European countries are united with the values. The Association Agreement highlights in particular the following values: respect for the rule of law, human rights and fundamental freedoms, non-discrimination, and respect for diversity. The last but not the least, it should be noted that Ukraine has already taken some steps towards such an approximation, but there are still many unresolved issues, including methodological. The draft of the new criminal legislation of Ukraine, which is being developed by the Working Group from 2019, should take into account the peculiarities of European law, but also preserve national peculiarities. European sanctions are not so fast, but over time they will prove effective as a response to war crimes by another state.
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Vasylieva, Valentyna, and Anatolii Kostruba. "Corporate law in Ukraine within the framework of approaching the European Union standards." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 181–88. http://dx.doi.org/10.36695/2219-5521.1.2020.37.
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The article is devoted to adaptation of the national corporate law to the law of European Union`s corporations.
Special attention has been given to define the legal nature of the corporation.
It is concluded that there is no established understanding of the above concepts in national legal science.
The main approaches to the corporate legal nature in particular European systems of justice - in FRG, France, England - are considered in depth. Significant differences between the legislation of Ukraine and legislation of the European Union countries based on the history of their development and peculiarities of specific national systems of justice are detected.
The regulation of corporate relations in the European Union at supranational level is considered. It is concluded that the European Union supranational law is its corporate law.
The priority areas for unification of European corporate law at the supranational level are analyzed. The main instruments to adjust the activities of corporations in EU law are identified to be the Directives aimed at harmonizing and unifying national legislation of EU Member States.
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Bree, Axel. "The Organisation of Waste Management in the European Union Member States." Journal for European Environmental & Planning Law 2, no. 6 (2005): 478–89. http://dx.doi.org/10.1163/187601005x00471.
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AbstractThe organisation of waste management raises an important question: Who has access to waste - the public waste management services or private waste management companies ? The answer has important economic consequences, since waste management is a significant market. At the same time, environmental concerns have to be observed. The framework legislation of the European Community leaves the organisational structure of waste management to the national legislation of the Member States. However, under Community legislation waste is subject to the principle of the free movement of goods, which may be restricted on environmental grounds. Furthermore EU law draws a distinction between waste for disposal, for which shipment can be restricted more easily, and waste for recovery, which is subject to less stringent control procedures. Given the broad European framework, this article explores the national legislation in most EU countries. It aims to analyse the approach taken by the national legislators to find a way between public service and private autonomy. In conclusion, it seems clear that in the countries examined an important distinction is made between household and industrial waste. Only Germany has adopted the European distinction between waste for recovery and waste for disposal as a major criterion for the allocation of the waste streams between public and private entities, whereas in the other Member States this criterion only plays an insignificant, if any, role at all.
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Krämer, Ludwig. "Climate change and EU legal initiatives regarding water availability." Journal for European Environmental & Planning Law 6, no. 4 (2009): 461–80. http://dx.doi.org/10.1163/161372709x12608898676878.
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AbstractDiscussions on climate change legislation concentrate on measures relating to the emission of greenhouse gases. The present contribution tries to have a look at the impact of water availability within the European Union and to examine the need for EU legislation in this area, starting from the fact that the EU has, until now, not considered water availability to be a topic which deserves specific attention by the Union. The articles points at the serious impact which water scarcity is likely to have in particular, though not exclusively, in Southern European countries and passes in review a number of possible options for EU wide legislation.
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Pankov, Yevhenii, Olha Filipshykh, and Dmytro Boichuk. "Problems of the environmental law of the European Union." Problems of Legality, no. 155 (December 20, 2021): 273–83. http://dx.doi.org/10.21564/2414-990x.155.243720.
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The problem of ecology is one of the most common problems of the twenty-first century. No country is immune: no country has better military equipment, no country with low inflation, no country with “perfect” legislation. The purpose of the article was to clarify legislative issues: European Union legislation was outdated, general and lacking in specificity. To address these problems, this article uses different approaches to the definition of environmental security, which makes it necessary to change the concept and the actions within which the definition is adopted. The article goes on to discuss the position of realists who argue that environmental security cannot be set because of lack of accountability “the importance” of the issue of “high” issues. Thus, the paper refers to the emergence of environmental security and its long path. This article contains the following changes and provisions: Brundtland Committee (1987), Convention on the Conservation of Nature and Natural Habitats in Europe (1979), International Tropical Timber Agreement (1983) as well as the Convention on Long-range Transboundary Air Pollution (1979), the Maastricht Treaty (1992), the Hazardous Substances Directives, the impact of EU measures on the environment and the Animal Protection Directive. In addition, the article exposes Programs designed to ensure and regulate environmental safety. The report of the European Environment Agency was also reviewed and a comparative analysis of the data contained in the report and the British Broadcasting Corporation estimates was made. The authors draw attention to several directives, calling them “triumvirate”, which provide the basis for countries to regulate some environmental legislation. Almost in the end of the paper the authors pay attention to the phenomenon of environmental ethics, which is a consequence of imperfect legislation. In its conclusion, the article states that the problems that arise from the lack of accountability of legal acts of a real environmental situation occur in the member states, taking into account the special case of the European Union.
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Rochette, Gustavo. "Is the French Nuclear Strategy Lawful Under EU Law? Article 194(2) TFEU and Its Limitations." European Energy and Environmental Law Review 29, Issue 6 (December 1, 2020): 232–39. http://dx.doi.org/10.54648/eelr2020047.
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The Fukushima Daishii nuclear disaster lead countries to change their nuclear approaches changed drastically. Although being a traditionally pronuclear country, France followed this tendency by approving a strategy to reduce its nuclear portfolio. Under European law this development is permitted by the right to right to determine its own energy mix include in Article 194(2) of the Treaty of Functioning of the European Union. However, other European legislation that may influence this decision was not considered. This legislation may limit this right and the policy by itself. This article tries to show how, although possible due to the right to determine its own energy mix, the French nuclear strategy may be unlawful under the EU law, namely the European Atomic Energy Community Treaty and the primary and secondary legislation regarding Security of Energy Supply. Nuclear Energy, French Nuclear sector, European Union, Energy mix, TFEU, Euratom, Energy Security, European Energy policy
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Bezverkhyi, Kostiantyn. "Accounting in Ukraine: implementation of the European Union directives." Herald of Ternopil National Economic University, no. 1(87) (January 30, 2018): 136–51. http://dx.doi.org/10.35774/visnyk2018.01.136.
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The study focuses on changes made to the Law of Ukraine “On Accounting and Financial Reporting in Ukraine” for the purpose of implementing accounting standards to the European Union directives. The object of the research paper is accounting in Ukraine. The purpose of the study is to analyze the current state and development trends of accounting in Ukraine in the context of the implementation of European legislation. Research methods such as analysis, synthesis, induction, deduction, abstraction, idealization and generalization are used to analyze the changes introduced into the Law of Ukraine “On Accounting and Financial Reporting in Ukraine”. Today, Ukraine is moving actively towards the implementation of European legislation into domestic practice, including standards of accounting and financial reporting. Successful implementation of European legislation into domestic accounting practice, first and foremost, requires clarification of differences in accounting and financial reporting. The amendments made to the Law of Ukraine “On Accounting and Financial Reporting in Ukraine” will promote harmonization of national legislation in the field of accounting and financial reporting with the legislation of the European Union countries and the International Financial Reporting Standards. The changes introduced will provide the basis for raising accounting and financial reporting in Ukraine to a qualitatively new level that will enable effective management decision- making by domestic business entities. The results obtained are the basis for accounting and financial reporting in Ukraine, in accordance the norms of the European Union directives. The research results may be used all economic entities in Ukraine in different sectors of the economy.
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Čapla, Jozef, Peter Zajác, Katarína Ševcová, Jozef Čurlej, and Martina Fikselová. "Milk and diary products – summary of European legislation, hygiene manuals, ISO standards and Codex Alimentarius standards." Potravinarstvo Slovak Journal of Food Sciences 16 (August 5, 2022): 431–62. http://dx.doi.org/10.5219/1744.
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European Union legislation laying down rules for the dairy sector. The legislation defines the conditions under which milk and milk products intended for human consumption can be imported into the EU. Milk and milk products must come only from third countries that appear on the list of authorized countries. Establishments, where milk and milk products are produced, must be approved for export. The TRACES system is used on imports and the consignment must be accompanied by a certificate. This system ensures product traceability and prevents the introduction of diseases. An important role is delegated to the designated border control posts (BCPs) where the appropriate customs and veterinary inspections are performed by government institutions of the country. The European Union has adopted legislation to ensure the safety of food placed on the market in EU member countries. This legislation sets general hygienic requirements for food production based on the good manufacturing practice and the HACCP system. The criteria for microorganisms, chemicals, and applicable food additives are set. Also, the legislation contains requirements for product labeling. Part of the legislation concerns the common organization of the market in milk and milk products. These regulations contain rules for direct payments, subsidies, define the school milk system, etc. Specific legislation creates rules for organic bio food production, for production and labeling of products with the Protected Geographical Indication, Protected Designation of Origin, and Traditional Specialty Guaranteed. There is also legislation that defines the labeling of products intended for specific populations, e.g. gluten-free foods, lactose-free foods, etc. Areas not regulated by the legislation include the labeling of products with certification marks designed to highlight the suitability of food for religious purposes or quality certification.
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Jessurun d’Oliveira, Hans Ulrich. "Iberian Nationality Legislation and Sephardic Jews." European Constitutional Law Review 11, no. 01 (May 2015): 13–29. http://dx.doi.org/10.1017/s1574019615000036.
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Proposal to grant Spanish nationality to Sephardic Jews – History of Sephardic Jews in Iberia – Sephardim and the Portuguese nationality code – The EU and the nationality laws of the member states – Impact of Union law on the acquisition of Iberian nationalities by Sephardic Jews – European Convention on Nationality – Sephardim from third countries –Micheletti – Nottebohm
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Kuznetsov, A. V. "Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic." Sociology and Law, no. 4 (December 31, 2020): 92–97. http://dx.doi.org/10.35854/2219-6242-2020-4-92-97.
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The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.
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Kuznetsov, A. V. "Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic." Sociology and Law, no. 4 (December 31, 2020): 92–97. http://dx.doi.org/10.35854/2219-6242-2020-4-92-97.
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The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.
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Lazarenko, Mykola. "Systematization of private international law in Ukraine and foreign countries: present state and tendencies." Ukrainian Journal of International Law 3 (September 30, 2020): 122–28. http://dx.doi.org/10.36952/uail.2020.3.122-128.
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Systematization of private international law in Ukraine and foreign countries: present state and tendencies.The article deals with the comparative legal analysis of the systematization of the statutory provisions of private international law in the countries of the European Union and some countries of the former Soviet Union. The main arguments regarding different approaches to the systematization of private international law in Ukraine are outlined, as well as the main directions and tendencies of the codification processes of legislation in this area.
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Лазарева, Наталья, and Natalya Lazareva. "HISTORY OF CRIMINAL LEGISLATION DEVELOPMENT IN SLOVAKIA." Journal of Foreign Legislation and Comparative Law 1, no. 5 (December 2, 2015): 0. http://dx.doi.org/10.12737/16140.
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The subject of this research is criminal legislation of the Slovak Republic since the merge of Slovakia in the AustroHungarian Empire (XIX century) to the present day. The article analyzes the emergency criminal legislation of the World War II period, the socialist Criminal Codes of the Czechoslovak Republic (1950, 1961) and the existing Criminal Code of the Slovak Republic of 2005. The article also touches upon the country’s constitutional development on the example of the adopted Constitutions of the Czechoslovak Socialist Republic (1948, 1960) and the Constitution of the Slovak Republic (1992). The author pays special attention to the integration of Slovakia into the European legal framework when it became a member of the European Union in 2004. The article also contains comparative analysis of the main institutions of the criminal law in Russia and Slovakia. During the research the author used the following special methods: historical, logical, and comparative law method, which includes a variety of techniques (doctrinal, regulatory, functional comparison). As opposed to the criminal law of other European Union countries, the Slovak criminal law has remained practically unexplored by the Russian criminal law doctrine. But it is very unique because it comprises the combination of Austrian, German and Russian criminal law ideas which is conditioned by historical peculiarities of this state’s development. On the example of Slovakia, the author demonstrates possibility of combining the national legal legacy and directives of the European Union.
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Putkonen, Hanna, and Birgit Vollm. "Compulsory psychiatric detention and treatment in Finland." Psychiatric Bulletin 31, no. 3 (March 2007): 101–3. http://dx.doi.org/10.1192/pb.bp.106.009472.
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Despite efforts to integrate and harmonise legislation across the member states of the European Union (EU), mental health legislation, including legislation for the detention and treatment of offenders with mental disorders, differs widely across Europe. With changes to the Mental Health Act 1983 in the UK currently underway, investigating the different approaches to compulsory psychiatric care in other countries can be a stimulating and worthwhile exercise. We explored the Finnish mental health law with regard to compulsory admission and treatment and forensic care. Relevant differences between the Finnish approach and legislation in other European countries will be discussed.
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A. Tursynkulova, Dinara, Ainur A. Urisbayeva, Aigul M. Karatayeva, Gulnura A. Khudaiberdina, and Yerik B. Akhmetov. "Modern features of law institutions of the European Union." RIVISTA DI STUDI SULLA SOSTENIBILITA', no. 1 (August 2020): 441–58. http://dx.doi.org/10.3280/riss2020-001026.
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The role of the European Union is to understand its legal nature through the struc-tural composition and distribution of powers between the EU institutions, as well as to study the forms and methods of their activities. It is important not only from the standpoint of the participating States, but also in the interests of countries that are not part of the European Union and build their relations with it on the basis of bilateral agreements. The aim of the article is to analyze the modern features of law institutions of the European Union. Legal analysis of such institutions of the European Union as the European Parliament, the European Commission and the EU Court is becoming important condition for the development of international cooperation. This article is devoted to the legal analysis of such institutions of the European Union as the European Parliament, the European Commission and EU Court that participate in the implementation of its tasks and functions, act on its behalf, have the appropriate competence and structure, are endowed with found-ing treaties and legislation of the Union of certain amount of power and apply their inherent forms and methods of activity.
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KHRIDOCHKIN, Andriy. "Features of legal support of public administration procedures in the field of intellectual property in the countries of the European Union." Scientific Bulletin of Flight Academy. Section: Economics, Management and Law 6 (2022): 131–37. http://dx.doi.org/10.33251/2707-8620-2022-6-131-137.
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Abstract. The article deals with the peculiarities of public administration in the field of intellectual property and the conceptual foundations of its procedures in the countries of the European Union. The conceptual foundations of the formation and development of public administration procedures in the field of intellectual property in the countries of the European Union are revealed. The pluralism of approaches to determining public administration procedures in the field of intellectual property in the European Union countries is analyzed. The legal framework of public administration procedures in the field of intellectual property in the countries of the European Union is presented. A modern analysis of the legislation of the European Union for the Protection of Intellectual Property Rights, including: copyright and related rights; protection of rights to inventions; utility models; industrial designs; brands; geographical indications; branded names; plant varieties; layout of semiconductor products; commercial secrecy; as well as legislation on civil law and customs ways to protect intellectual property rights in the European Union, the practice of application. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. At the same time, neither universal international treaties nor national legal regulation in the field of intellectual property can ensure the effectiveness of legal protection of the results of intellectual creative activity. The acts of the European Communities on Public Administration in the field of intellectual property are analyzed. The process of improving public administration procedures in the field of intellectual property in the countries of the European Union is analyzed and the legal framework of this process is presented. The conclusion was made on the relevance of the study of problems of public administration in the field of intellectual property in the countries of the European Union. Key words: European Union, Intellectual Property, Intellectual Property Right, Procedure, Public Administration, Community Court, European Communities, Intellectual Property Sphere.
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Shestak, Viktor, Sergei Katsuba, Tatiana Kvasnikova, and Yuri Bokov. "Liability for Violation of Environmental Legislation in the EU." European Energy and Environmental Law Review 30, Issue 1 (March 1, 2021): 9–19. http://dx.doi.org/10.54648/eelr2021002.
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The purpose of this study is to determine the ratio of the legislative mechanisms of administrative and criminal liability for violation of environmental legislation in the legal system of the European Union. Using the methods of political and legal analysis, the comparative legal method and the structure designmethod, the study examines the features of the formation and structure of EU legislative mechanisms in the field of legal regulation of liability for violations of environmental legislation. At the same time, existing problems faced by legislators from the point of view of law enforcement practice in different countries of the European Union are also considered. In the EU, considerable attention is paid to the vector of environmental protection at the supranational level, as well as to the implementation of the acquis communautaire of the environmental legislation into national legislative norms. Nevertheless, the institutions of the European Union have not yet been able to fully achieve complete uniformity with regard to the established environmental liability regime and, accordingly, overcome the difficulties associated with the effective interaction of EU legislation and the realities of national legal systems. At the same time, in European law enforcement practice, administrative measures in matters of environmental responsibility are given preference over measures of criminal responsibility. To date, as evidenced by the study, EU legislators adhere to the position regarding the assignment of criminal prosecution obligations to the national authorities, which is due to the flexibility of law enforcement measures. environmental damage, environmental law, environmental legislation, environmental protection, environmental responsibility, European Union, supranational policy
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Lukasevych-Krutnyk, Iryna. "The concept and methods of harmonisation of the private law legislation of ukraine in the field of provision of transport services with the legislation of the European Union." Journal of the National Academy of Legal Sciences of Ukraine 27, no. 2 (June 28, 2020): 91–106. http://dx.doi.org/10.37635/jnalsu.27(2).2020.91-106.
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The article is devoted to the harmonisation of private law legislation of Ukraine in the field of transport services with the legislation of the European Union. The purpose of the study is to formulate the concept and determine the main ways to harmonise the private law of Ukraine in the field of transport services with the legislation of the European Union. The main method of scientific work is the method of legal analysis, the use of which made it possible to identify possible ways to harmonise national legislation in this area to European standards. Based on the analysis of the norms of national legislation and the legislation of the European Union, the terms “harmonisation”, “adaptation” and “approximation” were distinguished. It was proposed to understand the harmonisation of private legislation in the field of transport services with the legislation of the European Union as the process of adjusting Ukrainian legislation on the basis of EU legislation, in particular directives and regulations, in order to bring national legislation in line with their provisions. According to the results of the study, the harmonisation of private law of Ukraine in the field of transport services with EU law occurs in three ways, namely: 1) Ukraine's accession to international regulations in force in the EU, or the signing of bilateral agreements on cooperation in in the field of providing transport services with EU countries; 2) development and adoption of regulatory legal acts of Ukraine in the field of transport services, which take into account the provisions of EU law; 3) implementation into national legislation of the provisions of EU regulations and directives by making changes and additions to the current regulations of Ukraine. The practical significance of the research results is that the theoretical provisions and conclusions can become the basis for further research on the legal regulation of contractual relations for the provision of transport services in the context of European integration processes. The materials of the article can be used in the educational process for the preparation of educational and methodological support and teaching of relevant topics in terms of training courses in civil, contract and contract law, as well as special civil disciplines
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Selin, Henrik. "Coalition Politics and Chemicals Management in a Regulatory Ambitious Europe." Global Environmental Politics 7, no. 3 (August 2007): 63–93. http://dx.doi.org/10.1162/glep.2007.7.3.63.
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The European Union (EU) has greatly expanded its environmental legislation over the past two decades. This article analyzes the recent development of the REACH (Registration, Evaluation and Authorization of Chemicals) regulation. It uses a process-tracing technique to explore the question of how REACH was created despite signifıcant resistance from influential and well-organized industry interests and misgivings from leading European politicians and policy-makers. Examining developing coalition politics within the EU, it is argued that a relatively small coalition of green actors from EU organizations, member states, and environmental and public health advocacy groups succeeded in ensuring the development and adoption of REACH largely because the coalition included influential members from all major EU policy-making centers (the European Commission, the Council of Ministers, and the European Parliament). In addition, it is argued that the implementation of REACH can have important ramiıcations for international chemical politics and policy-making outside the EU.
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Marchuk, M., and L. Gudz. "Local elections in the European Union and Ukraine: comparative characteristics." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 119–23. http://dx.doi.org/10.24144/2307-3322.2022.70.16.
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The article provides a comparative analysis of the electoral legislation of the EU countries and Ukraine at the local level and on the basis of this analysis, the proposals to improve the electoral legislation of Ukraine take into account the experience of the European Union.
The main forms of direct democracy in most EU member countries and Ukraine are fixed at the constitutional level, and the procedure of preparing and holding elections is regulated by special election laws. Domestic electoral legislation is overloaded with detailed norms of procedural aspects, unlike the legislation of EU countries, in which much more attention is paid to the issues of transparency of party financial funds and transparency of election campaign financing, as well as protection of national minorities’ interests.
The main ways of exercising the right to vote not at the place of inclusion in the voter lists in the EU member states were characterized: voting by absentee ballots at specially designated polling stations, voting on the territory of diplomatic and consular missions, voting by mail, proxy voting, mobile voting, voting via the Internet, distance voting. It is noted that the norms in which the institution of a cash deposit is enshrined are discriminatory since they violate the principle of equality of suffrage and create a situation in which candidates are excluded from the political arena on the basis of the property criterion.
Relevant for EU countries is the adoption of measures to create appropriate conditions for the full implementation of the principle of equality of citizens before the law, in particular, to overcome the actual inequality of opportunities between women and men.
In order to bring Ukrainian legislation in line with international standards set by the European Union, we propose: to grant the right to vote in local elections to citizens of other states or stateless persons who permanently reside on the territory of the respective territorial community and permanently pay local taxes and fees have common local interests related to everyday life, infrastructure, communication, recreation; to introduce electronic voting; not to apply the institution of cash deposit at the local level; to introduce individual (party) gender quotas, following the French example.
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Dobroboh, Lydmyla. "Complex ecological branch of law in terms of globalization." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (June 30, 2021): 14–20. http://dx.doi.org/10.31733/2078-3566-2021-2-14-20.
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The article deals with study of the impact of globalization on the development of a complex branch of environmental law. A significant development of science and technology in the modern world, the relative "development of the planet" and globalization processes necessitate the solution of qualitatively new scientific and applied problems and, in particular, the need to take into account the intensive development of world industry, limited natural resources and environmental requirements. and social mobility. The author has analyzed the most important historical events, implementation of international norms on environmental protection to national legislation. A particular attention has been paid to the development of the idea of environmental protection in European law in the second half of XX century and the separation within it of European environmental law. Recently, such important issues as the management of genetically modified organisms, the management of waste and hazardous chemicals, the reduction of harmful emissions into the atmosphere and water pollution have been regulated. This state of legal regulation of environmental relations at the level of international law has a positive impact on the national legislation of the Member States of the European Union and other states that have taken the European direction of development, including Ukraine. One of the important areas of cooperation between the European Union and Ukraine is the joint solution of problems in the field of environmental management and environmental protection. It has been concluded that the international legal regulation of environmental relations is a system of purposeful actions of subjects of international law, aimed at the rational use of nature and environmental protection in order to preserve it for present and future generations. The green economy is a priority for the European Union.
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Martirosyan, Diana G. "LEGAL LABOR MIGRATION REGULATION FROM THIRD COUNTRIES UNDER EUROPEAN UNION LAW." SCIENTIFIC REVIEW. SERIES 1. ECONOMICS AND LAW, no. 1 (2022): 121–31. http://dx.doi.org/10.26653/2076-4650-2022-1-09.
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The article deals with the EU legal framework in the sphere of regulation of legal labor migration of citizens from third countries. In recent years this issue has become one of the most discussed in the European Union due to the migration crisis and the development of geopolitical transformations. By examining the relevant provisions of primary and secondary EU law, especially certain provisions of EU secondary legislation, as well as the case law of the Court of Justice of the European Union (hereinafter — CJEU), the author concludes that the European Union institutions and competent authorities need to change their approach when it comes to labor market needs. The migration crisis of 2015-2019 has shown the need to develop and further adopt a common migration policy at the supranational level, with particular attention to the regulation of labor migration. Details on improving and developing a program for the integration and assimilation of migrants in host countries are extremely important. There is also a need to develop online platforms and tools to help potential migrants better integrate, which could be similar to the European Job Mobility Portal (EURES). Particular attention needs to be paid to the implementation of European law at the supranational level, as individual countries complicate administrative and bureaucratic regulation in order to reduce the flow of migration into their countries. In general, despite some progress in the development of EU migration law, there is a need to improve it in order to bring it into line with the reality of migration regulation.
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Tashian, Roman I., Bohdan P. Karnaukh, and Iryna O. Dzera. "Trends in the Development of Property Law: The Civil Law of Ukraine and the Experience of European Union Countries." Global Journal of Comparative Law 10, no. 1-2 (June 25, 2021): 91–104. http://dx.doi.org/10.1163/2211906x-10010008.
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Abstract The article deals with the problems of the development of property law in the legislation of Ukraine considering the experience of the countries of the European Union (EU). It is emphasised that the development of property law of Ukraine is determined primarily by the European tendencies of harmonisation, convergence and Europeanisation of the rights of EU Member States. The scientific doctrine of EU countries in the field of development and improvement of property law has been researched. The authors extrapolate the experience of regulation of property law in the EU countries on the development of the legal system of Ukraine. The principles of European property law are analysed: these are the principles of specificity, openness and transparency. It is concluded that recognising the existence of an EU system of substantive law will allow introducing appropriate substantive remedies that can successfully exist in addition to legal obligations.
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Тюрина, И. А., Я. И. Лебедь-Шарлевич, and Е. С. Манаева. "Legislation of the countries of the European Region on the drinking water quality management (overview)." Vodosnabzhenie i sanitarnaia tehnika, no. 10 (October 15, 2022): 14–22. http://dx.doi.org/10.35776/vst.2022.10.02.
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Качественная питьевая вода является залогом здоровья и благополучия населения. Формирование требований к водоподготовке способствует обеспечению качества и безопасности питьевой воды. Проведен обзор основных подходов законодательного регулирования и нормативно-правовой базы в области обеспечения качества питьевой воды в странах Европейского региона. Рассмотрены требования к качеству питьевой воды, реагентам, материалам и оборудованию, применяемым в системах питьевого водоснабжения, а также требования к их сертификации в странах Европейского союза и России. Отмечено, что, несмотря на наличие национальных нормативов и стандартов, происходит гармонизация требований, предъявляемых к продукции для питьевого водоснабжения, в рамках крупных объединений государств (Европейский союз и Евразийский экономический союз). High-quality drinking water has been a guarantee of the health and well-being of the population. Formation of the requirements to the water treatment contributes to ensuring the quality and safety of drinking water. A review of the main approaches of the legislative regulation and the legal framework in the field of drinking water quality assurance in the countries of the European Region was carried out. The requirements to the quality of drinking water, chemicals, materials and equipment used in drinking water supply systems, as well as the requirements to their certification in the EU countries and Russia are considered. It is noted that, despite the availability of the national regulations and standards, a harmonization of the requirements to the products for drinking water supply is taking place within the framework of large associations of states (the European Union and the Eurasian Economic Union).
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KUDERINA, Assiya, Ilyas KUDERIN, Dauren BEKEZHANOV, Bolat AITIMOV, Dana NURBEK, and Indira AMREEVA. "Environmental and Legal Regulation of the Handling of Chemicals." Journal of Environmental Management and Tourism 12, no. 2 (March 29, 2021): 371. http://dx.doi.org/10.14505//jemt.v12.2(50).06.
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The implementation of a set of measures aimed at consistently reducing the negative impact of hazardous chemical factors on the population and the environment to an acceptable level of risk provides for the development and analysis of the experience of the European Union and its member States in the field of chemical management, as well as the development of recommendations for improving legislation and other regulatory legal acts on environmental protection from chemical pollution. To this end, the article presents the rationale and conceptual approaches to the formation of legislation in the field of chemical safety within the framework of state policy. The most important aspect in the formation of legislation is the global nature of chemical safety problems, in this connection, the article points to the need to bring the law in this area closer to partners in economic cooperation and integration. Taking into account the focus of future laws on reducing the level of negative impact of hazardous chemicals on the population and the environment, the legal and political consequences of their implementation are outlined.
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Barskyy, V. R., and D. Yu Dvornichenko. "HARMONIZATION OF UKRAINIAN AND EUROPEAN UNION LEGISLATION ON THE PROTECTION OF THE RIGHTS TO GEOGRAPHICAL INDICATIONS: BACKGROUND, SITUATION AND PROSPECTS." Constitutional State, no. 42 (July 7, 2021): 115–24. http://dx.doi.org/10.18524/2411-2054.2021.42.232407.
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The article is devoted to the issue of harmonization of the legislation of Ukraine and the European Union on geographical indications. The study of the influence of the European experience in the field of protection of geographical indications is explained by the systemic reform of this institution in Ukraine. The protection of geographical indications is becoming increasingly important in the context of a gradual increase in trade between Ukraine and the European Union. Based on the analysis of the correlation of the EU law with the legislation of its member-states in the field of protection of geographical indications, a forecast of the development of this legal field in Ukraine is provided and the current tasks related to its revision and development are determined. The system of protection of geographical indications of the European Union is constantly adapted to the needs of the market. Current trends in its development include the gradual merging of the sovereignty of member states in the field of intellectual property protection, which in the long run may lead to the disappearance of relevant areas of national legislation of individual countries. Therefore, Ukraine must adapt to this trend as soon as possible at the legislative level. The ratio of sources of national legislation of Ukraine and acts of the European Union indicates that the latter significantly affect the development and functioning of the relevant legal field of Ukraine. Firstly, the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, is an element of the national legal system and can be directly applied to the relevant legal relationship. Secondly, the acts of the European Union on the protection of geographical values determine the directions and parameters of the development of national legislation of Ukraine in the relevant field. In particular, the harmonization of the legislation of Ukraine to the European Union standards on geographical indications has led to amendments to the Civil Code, Economic Code and the adoption of a new version of the law “On legal protection of geographical indications”.
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Cherneha, Vitalii, Iryna Hrytsai, Tetiana Tarasevych, Viktor Savchenko, and Hanna Krushelnytska. "Rights of a child born through the use of assisted reproductive technologies in the EU countries and Ukraine." Revista Amazonia Investiga 11, no. 53 (July 4, 2021): 101–10. http://dx.doi.org/10.34069/ai/2022.53.05.10.
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This article aims to identify the features of the European Union and Ukraine legislation on the rights of children born through reproductive technologies and the practice of its application. To achieve this goal, first of all, an analysis of an array of sources in the field of the rights of children born with the help of reproductive technologies was carried out. The paper compares the legislation and practice of the European Union and Ukraine regarding the rights of children born with the use of reproductive technologies, which was achieved through comparative law. The historical-legal method has made it possible to outline the changes that have taken place in the approaches to the rights of children born with the help of reproductive technologies in countries whose legislation and practice have been specially studied. The synthesis method was applied, which helped to form a comprehensive vision of the rights of children born with the help of reproductive technologies in the European Union and Ukraine countries. The direction of research on ensuring and guaranteeing the right to life of children born with the help of reproductive technologies is promising.
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Safjan, Marek. "Domestic Infringements of the Rule of Law as a European Union Problem." osteuropa recht 64, no. 4 (2018): 552–60. http://dx.doi.org/10.5771/0030-6444-2018-4-552.
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In some countries of central Europe the rule of law is directly threatened by a new type of legislation based on the zeal of the political majority to establish a completely different political system than the one that was built after the collapse of the communist system. From that perspective, there is little place for the principle of separation of powers and the independence of the judiciary is threatened. This contribution discusses the multilevel dimension of the rule of law principle in the EU, issues in the context of the disrespect for the rule of law as a case of systemic deficiencies, followed by a brief discussion of the Copenhagen accession criteria. The article concludes that the rule of law principle as recognised under EU law is by no means of a merely symbolic nature, and that domestic legislation abolishing key safeguards of the rule of law can be scrutinized not only under the EU Charter of fundamental rights, where applicable, but also under the TEU. Without the solidarity of all Europeans, however, the preservation of our basic values and the future of the EU are in serious danger.
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Varul, Paul. "The Creation of New Estonian Private Law." European Review of Private Law 16, Issue 1 (February 1, 2008): 95–109. http://dx.doi.org/10.54648/erpl2008005.
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Abstract: The article gives an overview of how new legislation was drafted and adopted in Estonia after the country regained its independence. Estonia was one of the republics of the Soviet Union and became independent again in 1991. The new situation suddenly necessitated new legislation, which had to suit a democratic state with a market economy, and also be in line with the standards of developed European countries. It took ten years (1991–2001) to create the new legislation, the cornerstones of which are the Civil Code and the Commercial Code. The Civil Code was adopted in five parts: the General Part of the Civil Code Act (1994, replaced with a new version in 2001), Family Law Act (1995), Law of Property Act (1993), Law of Succession Act (1997) and Law of Obligations Act (2001); the Commercial Code was passed in 1995. The article introduces the content of all the aforementioned laws. The comparative method was the main method in drafting the new laws. The laws of Germany, the Netherlands, Switzerland, Austria, France, Italy, and the Scandinavian countries, as well as the Civil Codes of the State of Louisiana and the Province of Quebec were followed as the most important examples. Internationally harmonized legislation, such as the Vienna Convention on Contracts for the International Sale of Goods, as well as sample laws such as the Principles of European Contract Law and Principles of International Commercial Contracts were also used as sources. Drafting the new private law legislation largely fell into the period when Estonia was a candidate state to the European Union, which is why he European Union law was already taken into account when preparing the drafts. By the time Estonia became a Member State of the EU (2004), its private law legislation was in harmony with the EU requirements. Although the legislations of former USSR republics and socialist countries have developed at varying paces, the legislative analysis of Estonia, which is the subject of the article, also reflects the developments of the ‘countries in transition’ that are in the same situation and where new social and economic conditions necessitated new laws. A major objective in drafting the new laws was to make them understandable and acceptable to persons from other countries, thus paving the way for international cooperation. Résumé: L’article donne un aperçu de la manière dont l’Estonie, de nouveau indépendante, a procédé à l’élaboration et à l’adoption d’une nouvelle législation. L’Estonie est une ancienne République de l’Union soviétique qui regagna son indépendance en 1991. Dans ce nouveau contexte, le besoin s’est rapidement fait sentir d’avoir une législation qui soit adaptée à un État démocratique, dans lequel fonctionne l’économie de marché et qui satisfasse aux normes des pays développés de l’Europe. L’Estonie a mis dix ans (de 1991 à 2001) pour établir une nouvelle législation, dont les principaux textes de base sont le Code civil et le Code de commerce. Le Code civil a été adopté en cinq parties: la loi relative à la partie gènérale du Code civil (1994, remplacée par une nouvelle version en 2001), la loi sur la famille (1995), la loi sur les biens (1993), la loi sur les successions (1997) et la loi sur les obligations (2001), le Code de commer
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Hartley, Trevor C. "The European Union and the Systematic Dismantling of the Common Law of Conflict of Laws." International and Comparative Law Quarterly 54, no. 4 (October 2005): 813–28. http://dx.doi.org/10.1093/iclq/lei038.
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English conflict of laws is the creation of the common law. Prior to Britain's entry into the European Union, legislation played only a limited role. The few legislative measures concerning choice of law were narrowly targeted to remedy specific problems—for example the formal validity of wills, or torts. The rules for service outside the jurisdiction were a more important exception, but their practical operation largely depended on judge-made concepts and remedies, such as forum non conveniens and antisuit injunctions. The common law also provided a complete system for the recognition of foreign judgments that operated untrammelled with regard to judgments from many countries, including some of the most important, while the relevant legislation, where applicable, did little more than provide a simpler procedure.
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Novicic, Zaklina. "Freedom of movement for persons in the European Union Law." Medjunarodni problemi 55, no. 1 (2003): 57–88. http://dx.doi.org/10.2298/medjp0301057n.
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In this article the author analyses the evolution of complex corpus of legislation concerning the freedom of movement for persons in European Union Law. The article deals with the subject in two aspects: the first part of the analysis considers the conceptual development of free movement of persons by way of deliberation of building-up the authority of Union in that area, and the second part analyses the contents of the right of the Union citizens to move and reside freely within the territory of the Member State. The freedom of movement for people includes the right of Union citizens to enter, move and reside in another Member State and, in that context prohibition of any discrimination based on nationality. Conceived originally as primarily an economic phenomenon, the free movement of persons was closely linked to the pursuit of an occupation. It was the mobility of human resources as a factor of production, which inspired the chapters of the Treaty establishing the European Economic Community (1957) relating to the free movement of workers, freedom of establishment and the freedom to provide services. In that sense, freedom of movement is a part of a wider concept, that of the common/internal market. Since then, through the combined effect of secondary legislation and the case law of the Court of Justice, the concept has been broadened and it tends, from the Maastricht Treaty (1992), to form one of the fundamental and individual rights of Union citizens generally. Also, the amendments of EEC Treaty, which were made by the Single European Act (1985) and specially by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001), have formalised the external aspect of freedom of movement. Namely, it was recognised that freedom of movement for persons could not take place at the expense of security, protection against crime and illegal immigration. The abolition of internal controls has generated the need of the transferring checks to the external frontiers of the Union and, in this connection, the gradual establishment of an area of freedom, security and justice. In the first part of the article the author presents and analyses the development of the Union power in the policies of freedom of movement: in facilitating of free movement of people as a principle of the common/internal/single market, in achievement of the right to free movement for Union citizens, and also in the fields related to the external aspect of freedom of movement, or, actually, the issues pertaining to visas, asylum and immigration. The second part presents the specific contents of freedom of movement for persons that consists of the corpus of individual rights enjoyed by Union citizens on the territories of EU Member States that are not countries of their origin. These are the right to entry and residence and the right to engagement in gainful activity as well as the related social rights. This part of the article also explores the freedom of movement restriction regime as well as the corresponding Union legislation in preparation.
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Heinemann, Torsten, Ursula Naue, and Anna-Maria Tapaninen. "Verifying the Family? A Comparison of DNA Analysis for Family Reunification in Three European Countries (Austria, Finland and Germany)." European Journal of Migration and Law 15, no. 2 (2013): 183–202. http://dx.doi.org/10.1163/15718166-12342030.
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Abstract This article explores and compares the legal frameworks and regulatory practices of the use of DNA analysis for family reunification in Austria, Finland, and Germany. Based on a document analysis, we first provide an overview of the international legislation for family reunification and analyse the situation in the European Union. We show that the three countries have significantly different legislative practices in place to regulate parental testing in immigration contexts and to verify family relations. We outline the key societal and political implications that are associated with these country specific forms of legislation and regulatory practices and highlight the ambivalent role of DNA analysis in family reunification.
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Rasskazova, V. V. "Settlement and Release in European Legislation." Bulletin of Kharkiv National University of Internal Affairs 89, no. 2 (June 26, 2020): 61–68. http://dx.doi.org/10.32631/v.2020.2.05.
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Since the current contractual practice demonstrates the active use of settlement and release construction by the parties of civil legal relations as one of the most flexible instruments of termination of an obligation, the issue of ensuring unity in the interpretation and practice of this legal institution remains relevant. The subject matter of this study is the norms of civil law of different Member States of the European Union, and the purpose is the study of the conceptual approaches of other states to the legislative consolidation of settlement and release structure, its recognition as one of the ways to terminate the obligation and specific features of the interpretation and application of this institution that will make it possible to enlarge the view on the essence and role of settlement and release within the system of grounds for the termination of civil obligation and national contractual practice.
The comparative and legal method was chosen as the main method of scientific research, due to which the author characterizes the main elements, purpose and essential features of legal constructions in civil law of other states, which are similar to the institution of settlement and release in Ukraine; the author pays attention to distinctive technical and legal peculiarities of civil legislation of some EU countries.
According to the results of the conducted research the author has established that civil legislation of the most European countries does not enshrine settlement and release as the institution of obligation law and does not recognize it as an independent method to terminate the obligation. At the same time, the codified acts of some states contain certain legal norms, which provide for cases of transferring a certain good by the debtor to the creditor instead of fulfillment of an obligation, as well as enshrine legal institutions that act as settlement and release.
The significance and practical significance of the paper is that the conducted study reveals new directions for further research, demonstrates the relevance and need for a more detailed and comprehensive analysis of the content and legal features of settlement and release, its importance and role in national contractual practice, as well as in the practice of other states.
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Yaroshenko, Oleg, Nataliia Melnychuk, Sergiy Moroz, Olena Havrylova, and Yelyzaveta Yaryhina. "Features of Remote Work in Ukraine and the European Union: Comparative Legal Aspect." Hasanuddin Law Review 7, no. 3 (December 1, 2021): 136. http://dx.doi.org/10.20956/halrev.v7i3.3218.
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The relevance of the study is based on the development of scientific and technological progress and the expansion of the labor market, including in the framework of international cooperation. Moreover, the introduction of quarantine due to the spread of Covid-19 has led to increased attention to remote work. The aim of the study is to analyze the legal aspects of remote work in accordance with the labor legislation of Ukraine and the European Union, focusing on the concept of remote work, the rights and obligations of remote workers. In our study, we determined that in the European Union, the key points in relation to the rights granted to teleworkers, which the countries parties to the agreement have undertaken to incorporate into their national legislation and collective agreements, are data protection; the voluntary nature of telecommuting; equipment; organization of working time; privacy. The originality of the study is based on more effective ways to improve labor productivity in Ukraine, labor discipline, compliance with labor guarantees for remote work. It is necessary to revise and legislatively regulate the key principles of compliance by employees with labor discipline, providing the employee with proper working conditions, supporting the employer in search of new opportunities to provide employees with work, improving the technical aspects of ensuring the relationship between business and government, responsibility for results and the labor process.
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Wilson, Kerianne. "Gone With the Wind?: The Inherent Conflict between API/PNR and Privacy Rights in an Increasingly Security-Conscious World." Air and Space Law 41, Issue 3 (May 1, 2016): 229–64. http://dx.doi.org/10.54648/aila2016019.
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Advance Passenger Information (‘API’) and Passenger Name Record (‘PNR’) are an increasingly prevalent phenomenon in the international aviation industry. In the absence of mandatory content and transmission requirements, an increase in the number of countries requiring such data has resulted in significant complexity and expense associated with compliance. Simultaneously, the transfer of API and PNR data runs directly counter to privacy rights of residents of the European Union and other countries with strict privacy legislation, rendering compliance even more difficult. This article explores the background of API and PNR, the international guidance materials regarding content and transmission, the lack of harmonization between the different API and PNR regimes currently in effect, privacy and data protection philosophies and prioritization in the United States and the European Union and the interplay between privacy and API/PNR, the current reality facing airlines, and the emerging trend towards increased data transfers at the expense of privacy.
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Savchuk, Sergiy. "Special aspects of legal regulation of fixed-term employment contracts of some European countries." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 286–90. http://dx.doi.org/10.36695/2219-5521.2.2020.54.
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The article is devoted to the study of foreign experience in legal regulation of fixed-term employment contracts. Fixed-termemployment contracts should be considered as one of the earliest and, accordingly, the oldest forms of non-standard employment. Tur -ning to the concept of the application of fixed-term employment contracts in Ukraine in the near future, it seems appropriate to consider the possibility of their further development through the prism of studying European experience. Indeed, in many European countriesthe fixed-term contracts are quite common and therefore analysis of both positive and negative examples of their legal regulation willbe useful for the future development of labour legislation in Ukraine.The article features an analysis of the relevant legislation of the United Kingdom, Estonia, Italy, Poland and France. It is concludedthat the membership of these states in the European Union has had a significant impact on the evolution of national labour le -gislation. This also applies to the United Kingdom, which had been part of this economic and political union for a long time.The transposition of EU legislation into national law by these countries predetermines the existence of common features betweenthem in the legal regulation of fixed-term employment contracts. This common features include: clear time limits of the employmentcontract, maximum allowable number of renewals enshrined in law, compliance with the principle of non-discrimination, etc.In turn, the implementation of fixed-term employment relationships in each country differs in its uniqueness, which is due to thedomestic tradition of their implementation. For example, in the United Kingdom, the dismissal of an employee due to the expiration ofthe employment contract is considered through the lens of fairness of the employer’s actions, while in Italy the number of fixed-termemployment contracts with a particular employer cannot exceed 30 %.The above circumstances should be taken into account by Ukraine when reforming labour legislation. Indeed, the need to implementCouncil Directive 1999/70/EC is clearly provided for in clauses 1139 and 1140 of the Action Plan for the implementation of theAssociation Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and theirmember states, on the other hand, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1106, of 25.10.2017.