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Journal articles on the topic 'European Union – Law and legislation'
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1
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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Delfino, Rossella. "European Union Legislation and Actions." European Review of Contract Law 18, no. 4 (November 28, 2022): 303–8. http://dx.doi.org/10.1515/ercl-2022-2051.
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Korhecz, Tamas. "Regulatory activities of the European Union and other states in the international community: The tripartite relationship in the field of private international law." Glasnik Advokatske komore Vojvodine 76, no. 9 (2004): 106–16. http://dx.doi.org/10.5937/gakv0404106k.
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The subject of the study above, is the relation between the legislation, the normative system of the European Union and European and other states, with or without membership in European Union, especially in the field of international private law. The author, as visiting professor of International Private Law Faculty of law in Szeged, Hungary, with his short presentation of some legal institutes of international private law, comparing the legislation and the case law of the European Unions and European Court and international private law in general with signed and ratified Conventions, Agreements and Contracts of European and non European states, with and without membership in European Union, trying to make conclusions and to point out the problem of the hierarchy of this law in its application.
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Abazi, Vigjilenca. "Whistleblowing in the European Union." Common Market Law Review 58, Issue 3 (June 1, 2021): 813–50. http://dx.doi.org/10.54648/cola2021051.
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The EU Whistleblower Directive, adopted in 2019, shifts whistleblowing in the European Union from a marginal issue to a world leading example of empowering public voices. What explains this shift? The EU Whistleblower Directive cannot be understood without an inquiry into its legislative background. The latter also sheds new light on EU law-making practice, particularly how public participation can have a considerable influence and how the Commission steers legislation, to abide by principles of conferral and subsidiarity, when primary law is silent on its legislative powers. Central in this article is the legal assessment of the EU Whistleblower Directive. The article, however, seeks to go a step further. Drawing on a range of incremental legal developments in whistleblowing, it offers the first sustained account of what it argues has become a field of law of its own – EU whistleblower law.
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Firdovsi Huseynov, Seymur. "DEVELOPMENT OF CONSUMER PROTECTION IN THE EUROPEAN UNION." SCIENTIFIC WORK 65, no. 04 (April 23, 2021): 276–79. http://dx.doi.org/10.36719/2663-4619/65/276-279.
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In modern times, the mass of use of non-cash payment and minimizing the shadow economy is the priority targets of the states. As a result, in recent years, states pay more attention to the protection of consumers. In turn, the European Union improves the legislation in the field of protection of consumers. It is useful to learn the dynamics of development of the European Union's legislation in this area and improving local legislation in the future. The article explores the development of the European Union's legislation and ECJ key cases in the field of protection of consumers' rights. Key words: consumer protection, European law, e-commerce, Tobacco case
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Stępniak, Kamil. "Zasady techniki prawodawczej w Polsce i Unii Europejskiej." Przegląd Prawa i Administracji 105 (January 27, 2017): 193–208. http://dx.doi.org/10.19195/0137-1134.105.13.
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THE PRINCIPLES OF LEGISLATION TECHNIQUE IN POLAND AND EUROPEAN UNIONThis paper is acomplex summary of problematic principles of legislation technique. European law-making has abig meaning in Polish law. These dual systems affect each other. The principles of legislative techniques in Poland are regulated by the Regulation of the Prime Minister, but not always. Sometimes they were set in abook form. The rules of legislative technique are of great importance for understanding of legislation and the entire legal system. Thanks to them the legislators know what editorial units used in individual acts. Understanding them often allows for better application of the law. European Union Law has its own standards and its own legislative rules. Correlation of Polish law with the European reveals itself even when it is necessary to transpose the EU directives. The method and quality of establishing law in the European Union somehow directly affect the rights in Poland. Therefore, distinguish between the two legal systems and learn how to use them. This paper describes the importance of the principles of correct legislation for both the national agenda, as well as for the European law. It identifies the main concepts. It allows the reader to explore correlations principles of legislative techniques in the EU and Poland.
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Tubić, Bojan. "International and European Norms on the Rule of Law from the Perspective of the Republic of Serbia." Central European Journal of Comparative Law 2, no. 1 (May 14, 2021): 229–44. http://dx.doi.org/10.47078/2021.1.229-244.
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This paper examines international and European norms concerning the principle of the rule of law and its implications for the Republic of Serbia’s legal order. There is no universally accepted definition of the rule of law, but some common elements can be found in international legislative acts and jurisprudence. The European Union and Council of Europe have substantial legislation on this issue; with their courts’ jurisprudence, they have a significant influence on their Member States’ comprehension of the rule of law principle. The Republic of Serbia has embraced the principle in its Constitution and developed it in its legislation. It will also accept and include European interpretations of the rule of law in its legislation and judicial and administrative practice by joining the European Union.
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Gallego, Gorka. "Waste Legislation in the European Union." European Energy and Environmental Law Review 10, Issue 12 (December 1, 2001): 342–50. http://dx.doi.org/10.54648/394999.
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As we embark upon the Sixth Environmental Action Programme two articles look at the development of waste legislation and ask how important is the environment for Europe nowadays; what level of environmental protection do we have now; and how do we deal with the waste we produce in Europe? This first of the articles includes an overview of environmental policy and the law, and the definition of waste.
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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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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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Юсупова, Зиля. "THE IMPACT OF EUROPEAN UNION ENVIRONMENTAL POLICY ON THE FRENCH LEGISLATION ON ENVIRONMENTAL PROTECTION." Bulletin of the Institute of Law of the Bashkir State University 1, no. 1 (January 1, 2018): 84–90. http://dx.doi.org/10.33184/vest-law-bsu-2018.1.10.
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The development of legislation on environmental protection in France was significantly influenced by the legislation of the European Union. The close interaction of the legal development of its member states led to the formation of a uniform approach to the implementation of environmental activities. Within the framework of the European Community, and subsequently the European Union, seven sectoral environmental programs for the implementation of measures in the field of environmental protection were developed, which consistently replaced each other. The whole set of legal acts of the European Union and the principles of environmental legislation formed on their basis are reflected in the relevant constitutional law of France, namely the Environmental Charter, and in many other legal acts aimed at harmonizing national and European legislation.
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Ferri, Delia, and Silvia Favalli. "Defining Disability in the European Union Nondiscrimination Legislation: Judicial Activism and Legislative Restraints." European Public Law 22, Issue 3 (September 1, 2016): 541–67. http://dx.doi.org/10.54648/euro2016033.
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To date European Union anti-discrimination legislation, particularly the Employment Equality Directive (Directive 2000/78/EC), does not provide any clear definition of disability as a ground of discrimination. In the last few years, the Court of Justice of the European Union (CJEU) has attempted to fill this gap and discussed the concept of disability in several decisions, in the attempt to provide a definition of the ground of disability. The ratification by the European Union of the UN Convention on Rights of Persons with Disabilities (UNCRPD), has led to a clear overruling in the case law: the Court shifted from the medical model to the social model of disability. The UNCRPD now represents a milestone for the CJEU, which recognized that a duty arises to define disability in line with the social model, under the principle of consistent interpretation. Against this background, this article discusses CJEU case law, and compares and contrasts the judicial activism of the Court with the cautious approach adopted by the European Commission in the proposal for a new non-discrimination directive.
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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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Lähteenmäki-Uutela, Anu, Moona Rahikainen, María Teresa Camarena-Gómez, Jonna Piiparinen, Kristian Spilling, and Baoru Yang. "European Union legislation on macroalgae products." Aquaculture International 29, no. 2 (January 20, 2021): 487–509. http://dx.doi.org/10.1007/s10499-020-00633-x.
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AbstractMacroalgae-based products are increasing in demand also in Europe. In the European Union, each category of macroalgae-based products is regulated separately. We discuss EU legislation, including the law on medicinal products, foods including food supplements and food additives, feed and feed additives, cosmetics, packaging materials, fertilizers and biostimulants, as well as biofuels. Product safety and consumer protection are the priorities with any new products. Macroalgae products can be sold as traditional herbal medicines. The novel food regulation applies to macroalgae foods that have not previously been used as food, and organic macroalgae are a specific regulatory category. The maximum levels of heavy metals may be a barrier for macroalgae foods, feeds, and fertilizers. Getting health claims approved for foods based on macroalgae is demanding. In addition to the rules on products, the macroalgae business is strongly impacted by the elements of the general regulatory environment such as agricultural/aquacultural subsidies, maritime spatial planning and aquaculture licensing, public procurement criteria, tax schemes, and trade agreements.
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Hansen, Jesper Lau. "Coping with Emerging Federalism – Working with Securities Trading in the European Union." Nordic Journal of International Law 80, no. 3 (2011): 351–67. http://dx.doi.org/10.1163/157181011x581218.
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AbstractOnly fairly recently has the law on securities regulation been subject to legislation, first and only on a framework basis on the national level and lately, but very profoundly on a European level as a consequence of the Financial Services Action Plan, that was carried out from 2000–2005. The ensuring legislation has produced a body of harmonised law that is highly detailed and mostly implemented verbatim in national law. The introduction of European Union (EU) law has complicated the traditional use of national law, partly by changing the reliance on preparatory works in traditional Nordic jurisprudence, partly by introducing new layers of legislation and new parties to the legislative process. The emerging federalisation of EU law is just entering a new and even more pronounced phase following the entry into force of the Lisbon Treaty. This article assess the development up to now by first presenting the distinct legal discipline of securities trading law and then exploring the problems arising from the rapid introduction of EU law within this narrow area of law.
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Prapiestytė, D. Eimilė. "Orhuso konvencijos įgyvendinimas: Europos Sąjungos teisė ir Lietuvos administracinė justicija." Teisė 72 (January 1, 2009): 160–75. http://dx.doi.org/10.15388/teise.2009.0.277.
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Straipsnyje nagrinėjami klausimai, susiję su Orhuso konvencijos įgyvendinimu Europos Sąjungoje. Apžvelgiami Europos Sąjungos teisės aktų projektai ir naujausi teisės aktai, skirti Orhuso konvencijai įgyvendinti. Analizuojama Europos Bendrijų Teisingumo Teismo praktika taikant ir aiškinant Europos Sąjungos teisės aktus, skirtus minėtai konvencijai įgyvendinti. Siekiama nustatyti, kokios minėtų teisės aktų įgyvendinimo perspektyvos Lietuvos administracinėje justicijoje. The article analyzes issues concerning the implementation of the Århus Convention in the European Union. Legislative proposals of European Union law and the most recent legislation designed to implement the Århus Convention are reviewed. The article also examines the jurisprudence of the European Court of Justice concerning the application and interpretation of European Union legislation prescribed in order to implement the aforementioned Convention. The article seeks to establish what the perspectives on implementation of the aforementioned legal acts in the administrative justice of Lithuania are.
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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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Gallego, Gorka. "Waste Legislation in the European Union." European Energy and Environmental Law Review 11, Issue 1 (January 1, 2002): 8–15. http://dx.doi.org/10.54648/404904.
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As we embark upon the Sixth Environmental Action Programme two articles look at the development of waste legislation and ask how important is the environment for Europe nowadays; what level of environmental protection do we have now; and how do we deal with the waste we produce in Europe? This second of the articles includes an examination of the transport of waste and liability for environmental damage together with some concluding observations.
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Syngellakis, Anna. "Enforcement of European union environmental legislation." European Environment 5, no. 5 (September 1995): 123–27. http://dx.doi.org/10.1002/eet.3320050502.
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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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Ajdar Askarov, Elkhan. "COMPARATIVE ANALYSIS OF INTESTATE SUCCESSION IN THE LEGISLATION OF THE MEMBER STATES OF THE EUROPEAN UNION." SCIENTIFIC WORK 65, no. 04 (April 21, 2021): 164–69. http://dx.doi.org/10.36719/2663-4619/65/164-169.
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Intestate succession occupies an important place in the field of Succession law in the civil legislation of the European Union. Intestate succession (devolution of decedent’s property to persons indicated in law) is effective in case of an intestacy or if testament is declared invalid entirely or partly. The article reflects the concept, sequence, legal basis and place in judicial practice of intestate succession. Key words: intestate succession, succession law, civil code, legislation, comparative analysis
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Redko, Andriy. "Ukraine – EU: Historical and Legal Analysis of European Integration." Journal of Vasyl Stefanyk Precarpathian National University 4, no. 3-4 (December 29, 2017): 95–102. http://dx.doi.org/10.15330/jpnu.4.3-4.95-102.
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This article analyzes the European integration of Ukraine in the context of the processes of integration and globalization. The main attention is paid to the European Union law and laws of Ukraine and the interaction between them. Two processes have been distinguished: the integration of the legislation in the European Union and the adaptation of the Ukrainian legislation to the EU legislation
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Мухаметгареева, Наталья. "ABOUT THE ENVIRONMENTAL LEGISLATION IN THE RUSSIAN FEDERATION AND IN THE EUROPEAN UNION." Bulletin of the Institute of Law of the Bashkir State University 1, no. 1 (January 1, 2018): 76–84. http://dx.doi.org/10.33184/vest-law-bsu-2018.1.9.
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The article is dedicated to the questions of the development of the environmental law in the Russian Federation and in the European Union this process began virtually simultaneously for each entity. Comparative analysis of the environmental legislation’s development level of two entities that considerably differs from each other is made. Comparative law research allows coming to the conclusion that the European experience of ecological legisla- tion and environmental legal regulation should help to improve the Russian legislation in this sphere. However the author indicates that historically environmental law developed and keeps developing within the nation states.
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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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Lefeber, René. "Frontiers of International Law: Counteracting the Exercise of Extraterritorial Jurisdiction." Leiden Journal of International Law 10, no. 1 (March 1997): 1–7. http://dx.doi.org/10.1017/s0922156597000010.
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On 22 November 1996, the Council of the European Union adopted a framework regulation and agreed to joint action to ‘protect’ the interests of the European Union and its citizens against the extraterritorial application of legislation by non-member states. These measures were adopted in response to the extraterritorial application of certain measures by the United States, concerning trade with and investment in Cuba, as well as investment in Iran and Libya. These United States measures apply to all natural and legal persons irrespective of their nationality, residency, or place of activity. Thus, even nationals of a member state of the European Union residing and active in the European Union must comply with the United States measures. The enactment of this legislation marks a new episode in the on-going battle between the United States and the European Union over the frontiers of a state's (or an international organization's) jurisdiction to prescribe. This time, however, the European Union counteracted by the adoption of measures which can partly be characterized as retorsion measures and partly as countermeasures. The adoption of these measures by the European Union raises questions with respect to the legitimacy of the retorsion measures and the legality of the countermeasures.
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KLIMEK, LIBOR. "CASE-LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION ON MARKET ABUSE AT EUROPEAN LEVEL." Economic problems and legal practice 16, no. 5 (October 20, 2020): 294–313. http://dx.doi.org/10.33693/2541-8025-2020-16-5-294-313.
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A set of legislative instruments regulating market abuse have been adopted by the European Union. The principal contemporary legislative instrument in this field, addressed to its Member States, is the Regulation No 596/2014 of the European Parliament and of the Council on market abuse. Legislation has been supplemented by the case-law of the Court of Justice of the European Union (formerly known as the Court of Justice of the European Communities). It is a key element for the development of legal practice in all Member States of the European Union. The assessment of case-law on market abuse is therefore needed. The paper analyses relevant cases. In each case at the outset a reference for a preliminary ruling is mentioned. Further, dispute in the main proceedings and the question(s) referred for a preliminary ruling are analysed. The most important parts of analyses are considerations by the Court of Justice and its rulings
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Spink, Paul, and Ross Petty. "Comparative Advertising in the European Union." International and Comparative Law Quarterly 47, no. 4 (October 1998): 855–76. http://dx.doi.org/10.1017/s0020589300062564.
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More than 20 years after the measure was first proposed, the European Union has finally succeeded in adopting a directive designed to harmonise disparate national laws relating to the use of comparative advertising in the single market.1 In this article the authors examine the background, rationale and substance of the new legislation, before considering its impact on the current UK law. With a view to the possibility that implementation may contribute to the transatlantic harmonisation of advertising law, the new regime is measured against the liberal benchmark of US case law and recent Federal Trade Commission policy.
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Pototskyy, Mykola. "Codification of the legislation of Ukraine on intellectual property: material and procedural aspects." Theory and Practice of Intellectual Property, no. 6 (December 27, 2021): 5–16. http://dx.doi.org/10.33731/62021.248969.
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Key words: intellectual property law, legislation, material norms, proceduralnorms, codification
The article is devoted to the study oflegislative problems that determine the appropriateness of the codification of Ukrainianlegislation on intellectual property. The current state of legislation in this area,the results of the reforms of procedural legislation of 20218 and special legislation of2020 are analysed. It is concluded that the special legislation of Ukraine on intellectualproperty requires further systemic improvement, unification, taking into accountthe development of the enforcement of European legislation in this area. The currentstructure of special laws is complex, dubbed norms and legal and technical shortcomings.Considering the number of tasks, the solution of which is advisable when improvinglegislation, it is obvious that the introduction of individual point changes isineffective. Another significant factor requiring recourse to the legislative procedureis the creation in Ukraine of the High Court for Intellectual Property Issues, and ascientific discussion regarding the procedural rules by which this court should administerjustice. The current legislative field contains certain rules governing the activitiesof this court, however, the presence of special procedural provisions in the legislationof the European Union, along with non-compliance with certain provisions of theAgreement on Trade-Related Aspects of Intellectual Property Rights and the AssociationAgreement between Ukraine, on the one hand, and the European Union, thecommunity on nuclear energy and their member states, on the other hand, makes itnecessary to supplement national procedural legislation with appropriate norms.Based on the characteristics of the structure of the legislative landscape, it is proposedto consider the possibility of incorporating material, procedural and proceduralnorms in a single legislative act. Approaches to defining the goals and principles ofsystematization of legislation are proposed.
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KLIMEK, LIBOR. "CASE-LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION ON CRIMINAL ISSUES WITHIN MARKET ABUSE AT EUROPEAN LEVEL." Economic problems and legal practice 16, no. 06 (December 28, 2020): 237–55. http://dx.doi.org/10.33693/2541-8025-2020-16-6-237-255.
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A set of legislative instruments regulating market abuse have been adopted by the European Union. As regards criminal law sanctions, the principal contemporary legislative instrument in this field, addressed to its Member States, is the Directive 2014/57/EU on criminal sanctions for market abuse. Legislation has been supplemented by the case-law of the Court of Justice of the European Union (formerly known as the Court of Justice of the European Communities). It is a key element for the development of legal practice in all Member States of the European Union. The assessment of case-law on criminal issues within market abuse is therefore needed. The paper analyses relevant cases. In each case at the outset a reference for a preliminary ruling is mentioned. Further, dispute in the main proceedings and the question(s) referred for a preliminary ruling are analysed. The most important parts of analyses are considerations by the Court of Justice and its rulings.
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Bastos, Camila Sanson Pereira. "The European Audiovisual Communication Directive and the Actual Regulation of the Obligation of Early Financing of European Works for the Video on Demand Segment." Law, State and Telecommunications Review 11, no. 2 (September 2, 2019): 21–52. http://dx.doi.org/10.26512/lstr.v11i2.27017.
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Purpose – Demonstrate how the European Union regulates the obligation of early financing of European works for the segment of video on demand as well as the regulation in each of the 28 Member States of the European Union.
Methodology/approach/design – Present the historical evolution for the comprehension of what were the reasons for this non-harmonization and analyse the legislation of each member of the European Union to demonstrate that contradiction.
Findings – A Directive is a legal instrument of the European Union to standardize legislation. However, regarding the imposition of the obligation of early financing of European works for the segment of video on demand, there is no standardization of national legislations.
Value – Establish the European model for the regulation of the advance financing of European works for the video on demand segment to know if it can be a model for States which hasn’t regulated yet this segment (such as Brazil).
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Sudavicius, Bronius. "Budget law of the Republic of Lithuania under the influence of the European Union law." Annual Center Review, no. 14-15 (2022): 22–28. http://dx.doi.org/10.15290/acr.2021-2022.14-15.03.
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The article deals with the question of the impact of the European Union law on budget regulation in the law of the Republic of Lithuania after its accession to the European Union in 2004. The influence of the European Union law on the Lithuanian budget law is twofold - direct when the requirements of the relevant European Union legislation are transposed into national budget law, and indirect, when national budget law is changed during the harmonization of national tax laws with the requirements of the European Union law. As the article deals only with the aspects of direct impact, such questions, as harmonization of annual and medium-term budget planning, changes in the budget planning process, strengthening of fiscal discipline, the requirements of the Stability and Growth Pact and their implementation in national law are analysed in the article.
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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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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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Movchan, Roman, Oleksandr Dudorov, Andrii Vozniuk, Vitalii Areshonkov, and Yuriy Lutsenko. "Combating commodity smuggling in Ukraine: in search of the optimal legislative model." Revista Amazonia Investiga 10, no. 47 (December 17, 2021): 142–51. http://dx.doi.org/10.34069/ai/2021.47.11.14.
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The purpose of the paper is to identify optimal legislative model of criminal law counteraction to commodity smuggling in Ukraine, taking into account experience of foreign countries, primarily the European Union. The following research methods have been used to study criminal legislation, prove hypotheses, formulate conclusions: comparative law, system analysis, formal logic and modeling methods. Taking into account the achievements of criminal law science, materials of law enforcement practice, he results of sociological surveys and based on the analysis of accompanying documents to the relevant bills, social conditionality of criminalization of smuggling of goods have been clarified. Foreign experience of criminalization of commodity smuggling in the legislation of the European Union has been investigated. Legislative initiatives in this area have been critically considered. Major attention in this aspect has been paid to the shortcomings and debatable provisions of the draft law “On Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine on the Criminalization of Smuggling of Goods and Excisable Goods and Inaccurate Declaration of Goods” (Registration # 5420 of April 23, 2021). Author’s proposals on the relevant improvements of criminal legislation have been put forward and substantiated.
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Martirosyan, E. G. "Legal Regulation of the EU Common Agricultural Market." Journal of Law and Administration 16, no. 2 (June 26, 2020): 89–97. http://dx.doi.org/10.24833/2073-8420-2020-2-55-89-97.
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Introduction. The article presents the analysis of legal regulation on the agricultural market of the European Union. The high growth of international economic integration, contributing to the intensification of interstate cooperation for the simplified movement of goods and services induces the harmonization of regulatory and legislative frameworks to develop uniform mechanisms of legal regulation. The diversification of agricultural exports should be considered as one of the highly promising, priority and sustainable trends of agricultural policy. EU law requirements must be taken into account by organizations engaged in foreign economic activities of food supplies. The article gives the updated analysis of the Eurasian Union regulatory framework in the sphere of agricultural products. Materials and methods. The methodological basis of the study comprises the universal dialectic method of scientific knowledge, general scientific methods (analysis, synthesis, analogy, induction, deduction, modeling, etc.), particular scientific (logical-legal method, comparative legal method of systemic analysis, etc.). Methods of content analysis of legal documentation, allowing to study key trends in the legal regulation and policies of the European Union in relation to the agricultural market were also used.The results of the study. The conducted analysis revealed that there is a confusing situation in the European Union legislation about the agricultural market. The exceptional attitude to agriculture in the European Union legislation was widely under-mined, which led to serious consequences not only for the interpretation of agricultural provisions in EU law, but also for the legal provisions about the agricultural market in other countries. The article also analyzes the changes in legislation that pave the way for a deeper understanding of agricultural law in the European Union after the reforms introduced by the Lisbon Treaty.Discussion and conclusion. Since 1974, the European Union has developed a wide range of legislative provisions related to agriculture. Pursuant to EU treaties, animals are recognized as living creatures, and therefore the EU and Member States must take due care of animal welfare requirements preparing and implementing policies in agriculture or on the domestic market. Currently, EU legislation on the welfare of farm animals contains specific provisions for the cultivation of poultry, calves and pigs, as well as to all types of agricultural machinery and livestock slaughter. Nevertheless, there are contradictions between the EU Member States stemming from the legal regulation of the common agricultural market in the European Union.The author concludes that the EU food law is comprehensive and aimed to provide consumers with safe and high-quality products, subject to timely and comprehensive information about possible risks. Taking into account the experience of the European Union in the development and correction the relevant legislative system will significantly increase the effectiveness of the measures to increase the export potential of domestic products.
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Paris, Davide. "Constitutional courts as European Union courts." Maastricht Journal of European and Comparative Law 24, no. 6 (December 2017): 792–821. http://dx.doi.org/10.1177/1023263x17747232.
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In principle, constitutional courts do not review questions of domestic compliance with EU law, as these are considered to be outside their jurisdiction. But there are several exceptions in which EU law serves as a yardstick for constitutional review. This article focuses on these exceptions from a comparative perspective. First, it describes the ‘state of the art’ by examining whether and to what extent constitutional courts already use EU law as a standard for their decisions and invalidate domestic legislation or courts’ decisions that conflict with EU law. Then, it explores the limits within which EU law can be invoked as a yardstick for constitutional review without jeopardizing the principle of primacy of EU law. Finally, it argues that constitutional courts should not be afraid to embrace EU law as a standard for review: Doing so would not only contribute to a better protection of fundamental rights and the rule of law in Europe, but would also further the interests of constitutional courts.
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AjdarAskarov, Elkhan. "COMPARATIVE ANALYSIS OF TESTAMENTARY SUCCESSION IN THE LEGISLATION OF THE MEMBER STATES OF THE EUROPEAN UNION." SCIENTIFIC WORK 65, no. 04 (April 21, 2021): 140–43. http://dx.doi.org/10.36719/2663-4619/65/140-143.
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Testamentary succession occupies an important place in the field of Succession law in the civil legislation of the European Union. According to the testamentary succession physical person can give by a will his (her) property or its part to one or more persons among his (her) heirs or to one or more persons who are not among his (her) heirs. The article reflects the concept, sequence, legal basis and place in judicial practice of testamentary succession. Key words: testamentary succession, succession law, civil code, legislation, comparative analysis
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Piers, Maud. "Consumer Arbitration and European Private Law: A Seminal Consumer Arbitration Model Law for Europe." European Review of Private Law 21, Issue 1 (January 1, 2013): 247–88. http://dx.doi.org/10.54648/erpl2013008.
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Abstract: This article explores the way in which consumers could best resolve their disputes through arbitration. It focuses on arbitration and looks at how this works - or should work - within the legislative framework of the European Union. The essence of the consumer arbitration problem in Europe is that the existing arbitration laws (sensu latu) are aimed at regulating disputes between businesses. Consumer arbitration is generally not subject to a distinct set of rules. Most European Member States tend to ignore such distinctions in their legislation. Some have adopted specific rules regarding the consumer arbitration agreement. Oftentimes the same laws apply to both types of arbitration procedures. Consumer arbitration, however, serves a different purpose and has a different dynamic than business-to-business arbitration. This article departs from the basic assumption that also with regard to arbitration, rules that are tailored to the needs of Business-to- Business (828) relationships may not necessarily produce satisfactory results for the parties in a consumer arbitration. The aim of the proposed research is to draft a set of legal rules that delineates a workable and legitimate consumer arbitration in Europe that is sufficiently attuned to the standards of consumer protection required by the European Union legislation.
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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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Gramatskiy, Ernest. "European integration processes аnd private international law: certain aspects." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 357–61. http://dx.doi.org/10.36695/2219-5521.3.2020.65.
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Certain aspects, the meaning and relationship between adaptation of the private legislation of Ukraine to the requirements of theEuropean Community and private international law are analyzed in the article. The above mentioned phenomena are explored in thelight of the active integration of Ukraine into European and world space, which at the same time explains the stage of fundamentalchanges in the national system of private law.Special attention is paid to the provisions of the Association Agreement between Ukraine and the European Union dated June 27,2014, which became the basis for deepening the processes of democratization and liberalization in all spheres of life, including thesphere of regulation of private law relations complicated by a foreign element – the legal relations that make up the subject matter ofinternational private law.The concept, features and legal aim of adaptation in law in the context of European integration changes were the subject todetailed analysis. Various approaches of scientists in terms of characterization of this concept are analyzed. It is indicated that the adaptationof the national legislation of Ukraine to the legislation of the European Union is a long and multi-stage process, the plan of whichis enshrined at the level of international treaties, including the Association Agreement between Ukraine and the European Union of June27, 2014. Particular attention is paid to the analysis of the provisions of the Association Agreement, which are directly devoted to internationalprivate law and legal relations which make up its subject matter.Special attention is paid to the issue of intellectual property law and its regulation under current legislation of Ukraine and AssociationAgreement between Ukraine and the European Union. Certain aspects referring trademark regulation are analyzed. Judicial practiceof the national court of Ukraine has been taken into account as well.It is crucial to stress that European integration processes have their direct impact on private international law system and its me -cha nism of legal regulation.
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Gramatskiy, Ernest. "European integration processes аnd private international law: certain aspects." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 357–61. http://dx.doi.org/10.36695/2219-5521.3.2020.18.
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Certain aspects, the meaning and relationship between adaptation of the private legislation of Ukraine to the requirements of theEuropean Community and private international law are analyzed in the article. The above mentioned phenomena are explored in thelight of the active integration of Ukraine into European and world space, which at the same time explains the stage of fundamentalchanges in the national system of private law.Special attention is paid to the provisions of the Association Agreement between Ukraine and the European Union dated June 27,2014, which became the basis for deepening the processes of democratization and liberalization in all spheres of life, including thesphere of regulation of private law relations complicated by a foreign element – the legal relations that make up the subject matter ofinternational private law.The concept, features and legal aim of adaptation in law in the context of European integration changes were the subject todetailed analysis. Various approaches of scientists in terms of characterization of this concept are analyzed. It is indicated that the adaptationof the national legislation of Ukraine to the legislation of the European Union is a long and multi-stage process, the plan of whichis enshrined at the level of international treaties, including the Association Agreement between Ukraine and the European Union of June27, 2014. Particular attention is paid to the analysis of the provisions of the Association Agreement, which are directly devoted to internationalprivate law and legal relations which make up its subject matter.Special attention is paid to the issue of intellectual property law and its regulation under current legislation of Ukraine and AssociationAgreement between Ukraine and the European Union. Certain aspects referring trademark regulation are analyzed. Judicial practiceof the national court of Ukraine has been taken into account as well.It is crucial to stress that European integration processes have their direct impact on private international law system and its me -cha nism of legal regulation.
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Surkov, A. N., S. V. Melnik, and E. V. Chernykh. "THE LAW "ON CONSUMER RIGHTS" THE UK: RIGHTS, DUTIES, RESPONSIBILITY." Proceedings of the Southwest State University 22, no. 3 (June 28, 2018): 137–44. http://dx.doi.org/10.21869/2223-1560-2018-22-3-137-144.
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In this article, one of the most urgent topics of the development of legislation on consumer rights protection in the UK is being considered. UK legislation on the protection of consumer rights, especially in connection with the forthcoming withdrawal of Britain from the European Union has a number of features. The law "On the Rights of Consumers", adopted in 2015, made it possible to analyze and highlight a number of features in the field of consumer protection in the UK, namely, the allocation of absolutely new standards applicable to the new type of services-digital content. By researching this topic, the author shows the emerging contradictions between the legislation of the European Union and the United Kingdom in the field of consumer protection, where the UK, against the backdrop of Brexit, analyzing the new Directives adopted by the European Union to retain a single legal space tends to unify the norms of the law "On the Rights of Consumers".
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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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Gutnyk, Vitalii, Ivan Bratsuk, Stepan Burak, and Antonina Zubareva. "The concept of constitutional pluralism as the fundamental basis for the development of the European Union legal order." Revista de la Universidad del Zulia 12, no. 34 (September 2, 2021): 361–78. http://dx.doi.org/10.46925//rdluz.34.21.
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The objective of this article is to analyze the concept of constitutional pluralism as a methodological basis for the construction of the legal system of the European Union. In particular, attention is paid to investigating the particularities of the interaction and operation of the different constitutional legal systems within the legal sphere of the European Union, studying the constitutional collisions derived from the interaction of European Union law and the law national of the Member States. Dialectical, comparative legal, historical, systemic-structural and formal dogmatic methods were used in the research. The article concluded that the national constitutional courts of the Member States of the European Union can give priority to their constitutional rules only if those rules are clear and reflect substantial constitutional obligations. However, in any case, in order to maintain the coherence of the legislation of the European Union and the national legislation of the Member States, it is necessary to amend the national Constitutions of the Member States of the European Union.
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Giżewski, Michał. "Restrictions on Trading in Agricultural Land and European Union law." Studia Iuridica 71 (November 20, 2017): 51–60. http://dx.doi.org/10.5604/01.3001.0010.5813.
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30 April 2016 saw the entering into force of the Act of 14 April 2016 on the Suspension of Sale of Land of the Agricultural Property Stock of the State Treasury and on Amending Numerous Acts . The amendments pertained to, inter alia, the Act of 11 April 2003 on the Formation of the Agricultural System , and introduced a variety of alterations thereto, thus restricting significantly the freedom of trading in agricultural land. This article provides an analysis of conformity of Polish legislation with European Union legislation and also explains the liability of the State Treasury in case of violations of EU law.
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Radchenko, L. "LEGAL MODELS FOR MARRIAGE AND MARRIAGE-LIKE UNIONS IN THE LAW OF EU STATES." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 110 (2019): 35–39. http://dx.doi.org/10.17721/1728-2195/2019/3.110-7.
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The article considers the comparative and legal grounds for the definition of the category "marriage" in family law of Ukraine, interpretation of the concept of "marriage-like unions" in legislation, judicial decisions and legal doctrine of EU states. The author defines the characteristics and peculiarities of these concepts, outlines the approaches to the regulation of family relations in this field and formulates conclusions and proposals aimed at the harmonization of national legislation with EU law. In the article, both general scientific and special legal methods of research have been used. In particular, comparative-legal, historical, formallogical and other methods have been applied. The article concludes that the example of some European states proves the existence of the advanced legislative approaches to the legal understanding of family unions. In Ukraine the marriage is exclusively a family union of a female and a male registered with the state registration authority for civil status acts. In the laws of EU states different and much broader criteria for treating such unions can be applied. The presence of various legal forms of unions indicates that foreign law recognizes a family union between persons irrespective of their genders and recognizes such family union as a family. It is said that a characteristic feature for a family is a stable relationship. At the same time, harmonization of the Ukrainian legislation with the EU legislation in the field of marriage and family relations may take place on specific issues (for example, a registered partnership), but it is not advisable to adopt a foreign legal model, since in Ukraine there are distinctive factors for the formation of family relationships, such as traditions, religion, culture.
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Chalmers, Damian. "Private Power and Public Authority in European Union Law." Cambridge Yearbook of European Legal Studies 8 (2006): 59–94. http://dx.doi.org/10.5235/152888712802731151.
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European union law is currently undergoing a transformation as profound as that forged by the ‘1992’ project which prompted the article by Joseph Weiler of that name. If that project was an intensification and broadening of EC law making, this new transformation is altogether of a more subtle nature. On the one hand, there is a commitment to a drastic reduction in the number of EU laws on the statute book. About one third of Union legislation is to be repealed, recast, modified or simplified. Alongside this, one finds an expansion of pan–European norms. In 2003, the main European standardisation body, CEN, adopted 888 standards. This one year’s work equated to more than were adopted in the whole period prior to the end of 1992. One view might be that this is some ‘retreat by the state’. These types of norms are developed by private actors, and maybe a simple privatisation of the legislative process is taking place. This explanation is unconvincing, however. Studies in other fields have found private law making to be accompanied by more pervasive and further reaching forms of administrative intervention.
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Chalmers, Damian. "Private Power and Public Authority in European Union Law." Cambridge Yearbook of European Legal Studies 8 (2006): 59–94. http://dx.doi.org/10.1017/s1528887000004663.
Full textAbstract:
European union law is currently undergoing a transformation as profound as that forged by the ‘1992’ project which prompted the article by Joseph Weiler of that name. If that project was an intensification and broadening of EC law making, this new transformation is altogether of a more subtle nature. On the one hand, there is a commitment to a drastic reduction in the number of EU laws on the statute book. About one third of Union legislation is to be repealed, recast, modified or simplified. Alongside this, one finds an expansion of pan–European norms. In 2003, the main European standardisation body, CEN, adopted 888 standards. This one year’s work equated to more than were adopted in the whole period prior to the end of 1992. One view might be that this is some ‘retreat by the state’. These types of norms are developed by private actors, and maybe a simple privatisation of the legislative process is taking place. This explanation is unconvincing, however. Studies in other fields have found private law making to be accompanied by more pervasive and further reaching forms of administrative intervention.
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Schütze, Robert. "‘Delegated’ Legislation in the (new) European Union: A Constitutional Analysis." Modern Law Review 74, no. 5 (August 19, 2011): 661–93. http://dx.doi.org/10.1111/j.1468-2230.2011.00866.x.
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Babenko, G. O. "European standards of the judiciary and the status of judges." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 353–56. http://dx.doi.org/10.24144/2788-6018.2021.04.61.
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The main goal of Ukraine in the direction of integration into the European Union is the adaptation of Ukrainian legislation to the legislation of the European Union, the gradual adoption and implementation of regulations of Ukraine, developed taking into account the legislation of the European Union. The state policy of Ukraine on the adaptation of legislation is formed as an integral part of legal reform in Ukraine and is aimed at ensuring common approaches to rule-making, mandatory consideration of European Union legislation in rule-making, etc.
The purpose of the article is to determine the content of the concept and system of European standards of the judiciary and the status of judges, which can be applied in the legislation of Ukraine, taking into account the peculiarities of the judicial system.
The article deals with the legal nature of standards, so the following definition is formulated: a legal standard is a set of rules of conduct of entities in a particular area, established by regulations.
When applying European standards in the field of the judiciary and the status of judges, the following must be taken into account: the standard must be regulated by international law and enshrined in Ukrainian law; may be mandatory or recommended; a single approach to the content of this standard will ensure the unity of case law.
The article proposes a system of European standards of the judiciary and the status of judges, which consists of two groups: 1) generally accepted European standards, mandatory European standards; 2) special European standards in the field of the judiciary and the status of judges, those of a recommendatory nature.
The importance of adhering to European standards in the field of the judiciary and the status of judges, as well as their impact on judicial practice in democracies, is difficult to overestimate. Their comprehensive implementation in the judiciary is relevant, as it ensures the democratic development of Ukraine and the rule of law. The existence of a unified approach to defining the content of the concept, the system of European standards, their enshrinement in international and European legal acts will ensure the unity of case law.