Journal articles on the topic 'Finance, Public – Law and legislation – European Union countries'
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1
Vyklický, Martin, Petr Man, Rudolf Franz Heidu, and Radek Jurčík. "Qualification Requirements for Foreign Suppliers in Public Procurement – Evidence from the Czech Republic." DANUBE: Law and Economics Review 7, no. 1 (March 1, 2016): 19–39. http://dx.doi.org/10.1515/danb-2016-0002.
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Abstract Qualification requirements for foreign suppliers in Public Procurement (PP) are quite different in each European Union (EU) member state. The most complex requirements for foreign suppliers in the context of public purchases are included in the Czech PP law. The aim of this paper is to make an overview of the problem of qualification requirements for foreign suppliers in the PP law of the CR. Its sub-objectives are the identification and explanation of solutions to the problem in the PP legislation of neighboring countries of the CR that are also members of the EU. The methodological part of the contribution is based mainly on the analysis and critical evaluation of the current state of legal issues relating to the proof of qualification of foreign suppliers in PP orders of the CR; with examples of fairly extensive decision-making practices of the Office for the Protection of Competition and law courts, including the jurisprudence of the European Court of Justice. The paper highlights the unnecessary complexity of qualification requirements that, on purely formal grounds, inhibits submissions of tenders from potential foreign suppliers that would otherwise be able to submit a bid for a public contract without any problems whatsoever. The authors are using and applying a comparative-legal method in the context of the comparison of the PP legislation of neighboring countries of the CR that are also members of the EU. The case study of foreign suppliers bidding for above-threshold public tenders in the CR at the minimum legal requirements of the contracting authority (CA) for proof of qualification, the comparation study with selected EU countries or analysis of the development of the proportion of public contracts awarded to foreign suppliers in 2010–2014 shows that there is legislation uncertainty in EU PP law that should be reduced and simplified on an EC basis.
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Delponte, Ilaria, and Paolo Rosasco. "Sustainable mobility and economic sustainability: the case of the new trolleybus line in Genoa." Valori e Valutazioni 29 (January 2022): 57–78. http://dx.doi.org/10.48264/vvsiev-20212906.
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With over 3.5 billion people currently residing in major cities around the world, the issue of urban mobility is a current issue and is particularly important in European countries where over 75% of the population is concentrated in urban areas. Even today, many of the daily journeys depend on cars and other private motorized vehicles, with a strong impact in terms of air pollution, noise and climate change as in the European Union transport is responsible for a quarter of greenhouse gas emissions. Reducing private transport and making urban transport systems greener and more efficient therefore has important benefits: for the health, climate and prosperity of cities. New models of transport and urban accessibility, increasingly oriented towards environmental sustainability, must therefore be adopted; the choice of the transport solution must be made in relation to not only technical but also economic, social and environmental feasibility. Taking a cue from the Call issued in 2018 by the Ministry of Infrastructure and Transport for the selection of urban mobility proposals that can access the economic resources intended for the enhancement and implementation of rapid mass transport systems provided for by Law no. 232/2016, this contribution deals with the evaluation of three transport proposals hypothesized for the connection between the city center of Genoa (Brignole station) and the district of Prato, along the Bisagno Valley, developed according to the indications contained in the Urban Mobility Plan of the Municipality. In particular, a Cost-Benefit Analysis (CBA) is developed according to the indications given in the Notice and in the Guidelines of the Ministry of Infrastructure and Transport for the evaluation of investments in public works. The objective is to verify the applicability of the CBA tool for assessing the economic and financial sustainability of the solutions analyzed - also in relation to the indications given in the legislation, the transport scenarios configured and the reliability of the results obtained, for the the choice of the transport solution to be adopted. Con oltre 3,5 miliardi di persone che risiedono attualmente nelle grandi città del mondo, il tema della mobilità urbana è una questione attuale ed è particolarmente importante nei paesi europei dove nelle aree urbane si concentra oltre il 75% della popolazione. Ancora oggi, molti degli spostamenti quotidiani dipendono dalle auto e da altri veicoli motorizzati privati, con un forte impatto in termini di inquinamento atmosferico, sonoro e sul cambiamento climatico visto che nell’Unione europea i trasporti sono responsabili di un quarto delle emissioni di gas serra. Ridurre il trasporto privato e rendere i sistemi di trasporto urbani più ecologici e più efficienti presenta quindi dei vantaggi importanti: per la salute, il clima e la prosperità delle città. Nuovi modelli di trasporto e di accessibilità urbana, sempre più orientati verso la sostenibilità ambientale, devono quindi essere adottati; la scelta della soluzione trasportistica deve essere fatta in relazione alla fattibilità non solo tecnica ma anche economica, sociale ed ambientale. Prendendo spunto dal Bando emesso nel 2018 dal Ministero delle Infrastrutture e dei Trasporti per la selezione delle proposte di mobilità urbana che possono accedere alle risorse economiche destinate al potenziamento e alla realizzazione di sistemi di trasporto rapido di massa previste dalla Legge n. 232/2016, il presente contributo tratta della valutazione di tre proposte trasportistiche ipotizzate per il collegamento tra il centro della città di Genova (Stazione Brignole) e il quartiere di Prato, lungo la Val Bisagno, sviluppate secondo le indicazioni contenute nel Piano Urbano di Mobilità del Comune. In particolare è sviluppata l’Analisi Costi-Benefici (ACB) secondo le indicazioni riportate nel Bando e nelle Linee Guida del Ministero delle Infrastrutture e Trasporti per la valutazione degli investimenti in opere pubbliche. L’obiettivo è quello di verificare l’applicabilità dello strumento dell’ACB per la valutazione della sostenibilità economica e finanziaria delle soluzioni analizzate anche in relazione alle indicazioni riportate nella normativa, agli scenari trasportistici configurati e all’attendibilità dei risultati ottenuti, ai fini della scelta della soluzione trasportistica da adottare.
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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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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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Szymańska, Agata. "National fiscal frameworks in the post-crisis European Union." Equilibrium 13, no. 4 (December 31, 2018): 623–42. http://dx.doi.org/10.24136/eq.2018.030.
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Research background: The latest economic and financial crisis has seriously injured European Union Member States, affecting the condition of their public finances. In the face of the crisis, the EU made a special effort to increase the effectiveness of national fiscal frameworks, e.g. by improving the compliance with legislation. The post 2009 reforms were aimed at providing a solid economic foundation for the national fiscal frameworks, especially in the high-debt euro area countries.
Purpose of the article: The goal of this research is twofold. Firstly, it aims to provide an outline of the national fiscal governance in the EU. Secondly, the paper analyzes the changes in the core measures of fiscal governance in the EU between the crisis period and the year 2016 (due to the latest available data) and investigates the similarities in the progress made by the 28 EU countries in restoring balance in public finance.
Methods: To achieve the goal, the literature review and the analysis of core elements of national fiscal frameworks are provided. In the empirical section the grouping method for all 28 EU countries based on the Ward's agglomerative hierarchical clustering method is employed. The study uses data derived from the AMECO database (in the case of fiscal data) and the European Commission thematic data for quality indexes of particular elements of fiscal governance (numerical fiscal rules, medium-term budgetary frameworks and independent fiscal institutions).
Findings & Value added: This paper contributes to the literature by, on the one hand, attempting to analyze changes in main fiscal governance measures and, on the other hand, by assessing their link with public finance through employment of the agglomerative clustering method. Based on the results, the conclusion about the importance of the improvement in fiscal frameworks is provided. The analysis shows that countries with better national fiscal framework achieved better results in public finances regardless the macroeconomic conditions.
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Cherniei, Volodymyr, Serhii Cherniavskyi, Alexander Dzhuzha, and Viktoria Babanina. "Combating credit fraud: experience of Ukraine and some other European Countries." Revista Amazonia Investiga 10, no. 42 (July 30, 2021): 93–102. http://dx.doi.org/10.34069/ai/2021.42.06.9.
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The article is devoted to the study of the peculiarities of combating fraud in the field of finance, in particular, combating crimes in the field of lending. The experience of Ukrainian law enforcement agencies in combating credit fraud has been studied. The experience of some European Union countries in combating financial fraud is analyzed. To achieve the goal of the paper a set of general scientific and special methods was used, such as method of system-structural analysis, dogmatic (formal-logical), historical, general sociological, comparative-legal method and others. It is concluded in the article that the rules of criminal law of Ukraine establish more severe penalties for some crimes compared to EU countries. For example, this applies to crimes in the field of money laundering. On the other hand, some offenses that do not qualify as crimes in Ukraine are recognized as criminal offenses in the EU. For example, this applies to abuses in the field of insurance. According to the results of the study, the solution of some important issues is proposed such as improvement of the current legislation in the field of credit and financial relations, adaptation of the legislation of Ukraine to international norms and standards in the system of credit and financial relations.
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Bevzenko, Volodymyr, and Yurii Tsvirkun. "THE LAW OF PUBLIC CONSTRUCTION IN THE COUNTRIES OF THE EUROPEAN UNION: EXPERIENCE OF GERMANY AND ECONOMIC AND LEGAL DIMENSION OF ITS CREATION IN UKRAINE." Baltic Journal of Economic Studies 8, no. 5 (December 30, 2022): 70–76. http://dx.doi.org/10.30525/2256-0742/2022-8-5-70-76.
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The subject of the study. A new public administration system in Ukraine should be created through administrative reform. The existing system of public administration in Ukraine remains generally inefficient, with an eclectic mix of institutions inherited from the Soviet era and new institutions formed during Ukraine's independence. It is argued that the rapid development of modern social relations naturally causes and is conditioned by the continuous transformation and progress of various sectors of public and state life. Scientific and technological progress, informatization and updating of production methods cause an objective need to revise and adopt fundamentally new legislation, study and implement advanced forms of organization of social relations. It is clear that the construction industry is a component of the national economy, which requires meaningful legal regulation, does not stay away from modern social and state development. The complexity and significance of the construction industry, its multifaceted nature require, in particular, the study and implementation of perfect regulatory mechanisms developed by developed countries with highly developed economies, strong and perfect standards of functioning of the state apparatus, legislation. Methodology. The national construction legislation was reviewed in comparison with the experience of the Federal Republic of Germany. It is concluded that the review of the institutional architecture of the construction industry of the Federal Republic of Germany, the basic principles of the formation of German public construction law as a factor of the modern economy, its progressive forms and methods has been carried out. The content of this branch of public law, its impact on economic processes in the state, the formation and change of the main economic indicators are assessed. The conclusion is made about the objective connection between the state and development of national legislation, in particular construction legislation, and the degree of economic development of the state. The purpose of the study. By choosing the strategic path of institutional and fundamental reforms, Ukraine also implements the best legal and state experience of modern progressive states with developed democracy, state-building and law-making, developed economy. In the field of law and law-making, improvement of legal education and science the experience of the Federal Republic of Germany has proved its perfection, efficiency and progressiveness for Ukraine. German public construction law is not the only area that has become a model for domestic public law and legislation, in particular, it is worth mentioning the German experience of administrative procedure law and legislation, which was used in the adoption of the Code of Administrative Procedure of Ukraine, and administrative procedure law and legislation, which was the basis for the preparation of the Law of Ukraine "On Administrative Procedure". Thus, the time-tested and experienced German administrative and legal theory has become one of the prerequisites for the creation and development of national branches of public law, including the law of public construction. The economic and legal dimension of public construction law in Ukraine is that the construction industry is a productive sector of the economy, the efficiency and successful functioning of which depends on a simultaneous set of factors, including, in particular, the availability and completeness of national construction and administrative and procedural legislation, the development of the theory of public construction law, transparency and validity of the activities of administrative bodies in the field of construction. Conclusion of study. It is concluded that the new branch of national special administrative law – publicc construction law of Ukraine is manifested in three dimensions: the substantive dimension of national public construction law and the prerequisites for its formation and further development; European (foreign) experience of legal regulation of public construction; economic and legal dimension of its creation in Ukraine.
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Ksonzhyk, Iryna, Halyna Matskiv, and Nataliya Sorochan. "European experience with the operation and control of the procurement mechanism for goods, works, and services using budget funds." University Economic Bulletin, no. 55 (December 29, 2022): 97–105. http://dx.doi.org/10.31470/2306-546x-2022-55-97-105.
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The subject of the study is the practical experience of the functioning of the mechanism of public procurement of goods, works and services in the member states of the European Union, its reformation under the influence of the introduction of new EU legislative norms in the field of public procurement, and the harmonization of the national legislation of the participating countries with Directives 2014/23/EU, 2014/24/EU and 2014/25/EU. The purpose of the work is to establish the impact of the new legislative norms of the European Union in the field of public procurement on the mechanism of procurement of goods, works and services for budget funds in the European Union, to identify the advantages of applying these norms. The methodological basis of the article is a set of cognitive methods applied to the mechanism of public procurement. The research was based on general scientific methods, namely: dialectical, which implies objectivity, comprehensiveness and systematic knowledge; logical; special methods of scientific knowledge: historical, method of systematic analysis and generalization of normative documents. The general logic of the article is based on a complex and systematic approach using modern scientific apparatus. Results of the article. The article establishes the main directions of changes in the mechanism and tools of public procurement in the countries of the European Union, which took place after the implementation of the norms of Directives 2014/23/EU, 2014/24/EU and 2014/25/EU, an analysis of the advantages of their implementation in national legislation of member states. The evaluation of the efficiency of the public procurement market in the EU countries was carried out. The directions and sources of further research are substantiated, first of all, by taking into account the aspects of digitalization of the sphere of public administration and finance, social and environmental innovations. Field of application of results. The results can be used by state and local self-government bodies, territorial communities, and economic entities of various forms of ownership. Conclusions. The new norms of EU legislation in the field of public procurement, set out in Directives 2014/23/EU, 2014/24/EU and 2014/25/EU, are aimed at simplifying procedures for public procurement of goods, works and services for budget funds, which promotes the free movement of goods and services in the countries of the European Union. As a result, customers get better value for money. Thus, public procurement becomes a tool of EU strategic policy. Although it cannot be claimed that the EU's public procurement policy is flawless, the experience of all participating countries is always taken into account in the process of its development and implementation. The EU public sector can use the procurement of goods, works and services with budget funds to increase the number of jobs, growth and investment, as well as to create an economy that is more innovative, resource and energy efficient and socially inclusive.
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Zajc, Katarina, and Breda Mulec. "New Challenges in the Filed of Ambient Air Protection with the Emphasis on Economic (in)efficiencies of Chimney Sweeping Services." Lex localis - Journal of Local Self-Government 11, no. 3 (July 1, 2013): 311–24. http://dx.doi.org/10.4335/11.2.311-324(2013).
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This paper analyzes new challenges in the field of ambient air protection, such as the use of new energy-generating products, and assesses the air quality protection responsibilities of local communities in European Union (EU) Member States. Domestic heating systems are a major source of air pollution. Thus, chimney-sweeping services are very important and must be regulated to provide fire safety and guarantee better ambient air quality. This paper analyzes Slovenian legislation regulating chimney-sweeping services and compares the Slovenian laws with comparable laws of other European countries and the national laws of EU Member States to examine the laws’ effectiveness in regulating and protecting air quality. More specifically, the paper uses legal and economic analyses to examine the efficiency of current legislation pertaining to chimney-sweeping services. The paper concludes that, consistent with theories of asymmetric information and negative externalities, licensing would be more effective in meeting the challenges of ambient air protection than current exclusive concession agreements, which effectively establish geographical monopolies in chimney-sweeping services.
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Al-Shammari, Karrar Imad Abdulsahib. "A Review of the Halal Poultry Slaughtering from Welfare and Legal Perspectives: Analysis of Research Results." Studia Iuridica Lublinensia 30, no. 3 (September 16, 2021): 11–27. http://dx.doi.org/10.17951/sil.2021.30.3.11-27.
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The subject of halal slaughtering is one of the most widely discussed issues of animal cruelty and animal welfare in the public sphere. The discrepancy in understanding the contemporary and religious laws pertaining to animal slaughtering does not fully publicize to Islamic and Muslim majority countries especially with respect to interpreting the use of stunning in animals. The electrical stunning is the cheapest, easiest, safest, and most suitable method for slaughtering that is widespread and developed. However, stunning on head of poultry before being slaughtered is a controversial aspect among the Islamic sects due to regulations of the European Union and some other countries. The current review highlights the instructions of halal slaughtering, legal legislation, and the effect of this global practice on poultry welfare and the quality of produced meat.
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Sheate, W. R., and J. Romanillos Palerm. "Environmental Impact Assessment in the Czech Republic and Romania." European Energy and Environmental Law Review 5, Issue 1 (January 1, 1996): 15–22. http://dx.doi.org/10.54648/eelr1996003.
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The Czech Republic and Romania present two very different levels of development of environmental impact assessment ( EIA ) , even though both countries gained their independence in the same year (1989) and both have aspirations to join the European Union (EU). This article examines the various driving forces for EIA legislation, analyses the different EIA concepts and identifies the strengths and weaknesses of the two regimes. While the Czech Republic introduced an EIA Act in 1992 (based mainly on the EC Directive 851337jEEC), Romania has yet to draft any ElA-specific legislation. Furthermore, the concept of EIA in Romania is very different to that in the Czech Republic and the EU. While all indicators suggest that the Romanian EIA system is ineffective, little research has so far been carried out to verify this. The Czech Republic, by contrast, shares many weaknesses of its EIA system with those of EU countries. Both share common problems of many Central and Eastern European countries, including low or variable public environmental awareness, an immature NGO movement (but gaining in strength and experience), a history of minimal public involvement in decision-making, and internal conflicts within government which inhibit the development of EIA and wider environmental legislation.
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Kouba, Luděk, Michal Mádr, Danuše Nerudová, and Petr Rozmahel. "Policy Autonomy, Coordination or Harmonization in the Persistently Heterogeneous European Union?" DANUBE: Law and Economics Review 7, no. 1 (March 1, 2016): 53–71. http://dx.doi.org/10.1515/danb-2016-0004.
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Abstract Within the context of the continuing integration process in Europe, this paper addresses the question of whether policies in the EU should head towards autonomy, coordination or harmonization. Taking the path dependence effect into account, it is the authors’ opinion that Europe has gone too far in its integration process to be able to continue with policies being fully under the competences of individual member countries. However, the habitual question still arises: does fiscal policy need to be harmonized to a level comparable to monetary policy as these two policies, necessarily, complement each other? This paper argues that it does not. There are three main arguments discussed. Firstly, the authors build on the theory of fiscal federalism. Secondly, there are significantly different regimes of welfare states and extents of social policies among European countries, which strongly determine the character of public finance. And thirdly, the tax systems across Europe are also highly divergent, with many features of continuing tax competition.
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Berdnik, I. V. "CRIMINAL RESPONSIBILITY FOR ATYPICAL FORMS OF OFFENCE AGAINST ENVIRONMENT UNDER THE LEGISLATION OF INDIVIDUAL COUNTRIES OF THE EUROPEAN UNION." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2021, no. 2 (December 15, 2021): 7–20. http://dx.doi.org/10.32755/sjcriminal.2021.02.007.
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The article is devoted to the issues of criminal responsibility for atypical forms of offence against environment under the legislation of foreign countries. The urgency of the topic of the publication is predetermined by the fact that today one of the priorities of the Ukrainian state is to ensure and guarantee environmentally friendly living conditions for citizens and society, as well as preserve and restore natural resources as important elements of the environment. It is determined that the atypical encroachment is to reflect in the legislation of a particular country certain, special and specific properties of an illegal act and the damage caused by it, resulting in disruption of public relations, damage to property and goods associated with the circulation, use, restoration of water resources only in some countries. The peculiarities of atypical forms of encroachment on the environment under the legislation of foreign countries are presented and the ways of their implementation in the legislation of Ukraine on criminal responsibility are suggested. The results of studying the legal requirements of the European Union, which establish criminal responsibility for offences against environment, give grounds to conclude that they are somewhat similar, primarily due to the global processes of unification and harmonization of national criminal justice systems. To this end, it is necessary to ratify the Convention on the Protection of the Environment by means of criminal law dated 04.11.1998 and to bring the national legislation in line with its provisions. Based on the analysis of criminal legislation of Ukraine and foreign countries, it is concluded that in democratic societies with a perfect system of legislation and mechanisms of responsibility for criminal offenses against environment, a legislator is responsible for protecting natural resources as the elements of the environment. This approach makes it possible to protect the environment from illegal encroachments, as well as to prevent illegal actions of individuals. Key words: criminal responsibility, environment, atypical forms of encroachment, natural environment, natural resources, European Union.
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Klymenko, Ihor Volodymyrovych, Dmytro Volodymyrovych Shvets, Oleh Tsyhanov, and Liudmyla Hennadiivna Mohilevska. "Services Provided by Public Authorities: Features of Legal Regulation in Ukraine and the European Union." Revista Amazonia Investiga 9, no. 31 (August 7, 2020): 44–51. http://dx.doi.org/10.34069/ai/2020.31.07.4.
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The aim of the article is to determine: 1) the essence and content of services provided by public authorities in the European Union and Ukraine; 2) features of legal regulation of public service activities in these countries. To achieve this aim, general scientific and special methods of cognition were used, namely: dialectical, logical-semantic, comparative-legal, methods of analysis and synthesis. The article states that shortcomings in the field of public service have been inherited since Soviet times. The relevance of the European Union experience, where the defining feature of the development of legislation is its focus on ensuring the rights and legitimate interests of individuals in relations with public authority and its bodies, is emphasized. It is noted, that, unlike Ukraine, the European administrative-legal doctrine does not single out a separate legal institution of administrative services, and the category “service” regarding public sector is used in a broader and more flexible sense. It has been established that in the EU the issue of population services is regulated by both primary and secondary legislation. It was found that the legal regulation of public service activities in the EU is characterized by following features: the absence of a codified legal act that would regulate public services of non-economic interest; the impact of judicial practice on legal regulation of relations between public administration bodies and citizens; considerable attention is paid to improving the quality of public services and citizen participation in government decision-making. According to the results of the study, the priorities for the development of the administrative services system in Ukraine include the adoption of the Law (or Code) on administrative procedure and legislation on fees for administrative services (administrative fee).
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Betlem, Gerrit. "Standing for Ecosystems—Going Dutch." Cambridge Law Journal 54, no. 1 (March 1995): 153–70. http://dx.doi.org/10.1017/s0008197300083197.
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Traditionally, common lawyers are used to examining other jurisdictions of their legal family as a source of inspiration for law reform or even as persuasive authority for the development of case law. Developments in continental civil law jurisdictions are less noted. However, particularly in the field of public law, English law is now being influenced by civil law concepts through the mediation of Community law.1 Product liability provides an example in private law of rules shared by the civil and common law jurisdictions of the European Union due to harmonisation by the Product Liability Directive. An important new area of non-contractual liability is environmental liability. Firmly established in the United States, liability for damage to the environment is increasingly being introduced in many countries around the world.3 In the European Union, the first step towards Community-wide legislation was taken in March 1993 with the publication of a Green Paper by the Commission.4 One of the many controversial aspects of a possible environmental liability regime is the issue of standing to sue.
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Sokolowski, Maciej M. "Laws and Policies on Electric Scooters in the European Union: A Ride to the Micromobility Directive?" European Energy and Environmental Law Review 29, Issue 4 (August 1, 2020): 127–40. http://dx.doi.org/10.54648/eelr2020036.
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The conducted research shows that the EU-27 and the UK have a varied approach to electric scooters when it comes to law: some see them as means of micro-transportation or personal transport, others define them exclusively in their legislation (in a direct manner). In some countries electric scooters are not defined in legislation but other rules apply (e.g. rules on bicycles). Electric scooters’ users are qualified either as pedestrians using scooters, drivers, or cyclists. The limit of 20 – 25 km/h of speed is a general benchmark. The rules on the access to pavement, pedestrian zones, and pedestrian crossings vary among the Member States (some allow it, providing speed limits; others offer only the possibility of accessing bike paths or public roads). National legislation also provides some other requirements, such as age limits for electric scooter users when riding on a road or wearing protective equipment (e.g. helmet or safety vest). The research also proves that the majority of Member States do not provide any special rules on driving licences or insurance (generally not required when using electric scooters). Finally, the article addresses a seemingly basic legal European framework on electric scooters and a possible harmonization by adopting the Micromobility Directive. electric transport, electric scooters, micromobility, micro-transportation, Micromobility Directive
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Čović, Ana. "The influence of judicial practice on the legislation in the sphere of LGBT community rights." Socioloski pregled 55, no. 3 (2021): 690–713. http://dx.doi.org/10.5937/socpreg55-32553.
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In the light of the announced adoption of the Law on Same-Sex Unions, the question arises whether the draft law is in accordance with the Constitution, especially after the announcements that the law will not be signed. Although the Constitution specifies that marriage is a union of a man and a woman, experts point out that in this case it is not a law on marriage and family, nor does it provide for the possibility of adoption of children by same-sex couples, but that it regulates property, health, pension and other legal relationships of same-sex partners living in the union. At the same time, many public figures have invited traditional religious communities to react in order to defend the "right to freedom and future of the people", emphasizing that contentious issues related to the regulation of mutual rights and obligations of same-sex couples could be resolved by amending the existing laws in those areas. In the countries where similar laws exist, case law has played a significant role, just as various medical and psychological associations. The European case law is not uniform, and cases often end before the European Court of Human Rights, while in the United States at the federal level, all anti-homosexual laws are repealed by a Supreme Court decision (Lawrence v. Texas, 539 U.S. 558 [2003]). Nevertheless, there is no single law in this area and the rights of same-sex couples vary from country to country. The paper will provide an overview of significant court decisions in this area in European countries, as well as the decisions of the US Supreme Court, which may lead us to think about the possible legal consequences of (non)adoption of the disputed Law on Same-Sex Unions, about procedures that could be initiated if partners decided to request judicial protection for the purpose of recognizing their guaranteed human rights, as well as the content and significance of such court judgments.
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Horoshko, Valentyna, Yehor Nazymko, and Yurii Pavliutin. "CRIMINAL PROCEDURE LAW OF UKRAINE IN THE CONTEXT OF EUROPEAN INTEGRATION: PROBLEMATIC ECONOMIC AND LEGAL ISSUES, WAYS OF REFORMING." Baltic Journal of Economic Studies 8, no. 3 (September 30, 2022): 48–52. http://dx.doi.org/10.30525/2256-0742/2022-8-3-48-52.
Full textAbstract:
The subject of the study is the coverage of problematic issues and ways of reforming the criminal procedure legislation of Ukraine in the context of European integration. Methodology. The methodological basis of the study is a dialectical method of scientific knowledge, through the application of this method the legal, functional, organizational and procedural aspects of methodological approaches to the understanding of problematic issues are considered and the ways of reforming the criminal procedure legislation of Ukraine in the context of European integration are considered. The results of the article analyze the current criminal procedure legislation of Ukraine and the legislation of the countries of the European Union. When analyzing the French criminal procedure, two main features can be identified, which distinguish it from the Anglo-Saxon legal system and are criticized by experts from Great Britain and the United States. In France judges are vested with considerable powers. The first feature of French criminal procedure is the institution of preliminary interrogation of the accused by the presiding judge. The judge verifies the sufficiency of the evidence for a conviction. Conclusion. So, based on the above, it is possible to conclude that the Criminal Procedure Code of Ukraine was created in the spirit of democratic values, but some of its norms need to be reformed in order to improve the mechanism of protection of the rights, freedoms and legitimate interests of an individual. The practical experience of France, the Federal Republic of Germany and Great Britain is relevant. The shortcomings of the Criminal Procedure Code of Ukraine are highlighted. The prospects for their reform are outlined and amendments to the current legislation in the context of European integration are proposed. Prospects for further research: a) the study of the experience of individual foreign countries in the context of the improvement of criminal procedural norms; b) analysis of the possibility of harmonization of criminal procedural legislation of Ukraine with the norms of the European Union; c) development of an effective mechanism of relations between the subjects of criminal proceedings. The issue of the relevance and admissibility of evidence is also important. Articles 87-89 of the CPC of Ukraine establish the grounds and procedure for declaring evidence inadmissible. However, judicial practice shows a large number of criminal proceedings against public persons, which the court had to terminate due to the lack of evidence, due to the inadmissibility or improper nature of the evidence. The authors believe that the legislative regulation of the process of collecting evidence in the UK is a positive experience for Ukraine.
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Vértesy, László. "Macroeconomic Legal Trends in the EU11 Countries." Public Governance, Administration and Finances Law Review 3, no. 1 (June 30, 2018): 94–108. http://dx.doi.org/10.53116/pgaflr.2018.1.9.
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This contribution deals with the macroeconomic legal trends in the Eastern member states of the European Union, so called EU11: Bulgaria, Croatia, the Czech Republic, Estonia, Latvia, Lithuania, Hungary, Poland, Romania, Slovakia and Slovenia. The paper discusses the development from the 1990s to nowadays, emphasizing the initial changes and the consolidation after the financial crisis. Therefore, the fiscal policy bears a major attention: fiscal and budgetary stability, government debts, fiscal controls (auditing and independent fiscal councils), for a more comprehensive overview, some ports of the monetary policy will be examined: national banks and price stability. The main aim of the contribution is to confirm or disprove the hypothesis that there is any identifiable or verifiable correlation between the legislation and the macroeconomic trends: sustainable balanced budget and government debt, economic growth, inflation. The research is based on law and economics, especially law and finance methodology with quantitative analysis, because of the cross-discipline nature of the topic. The paper contains some comparative statistics to evaluate the certain results upon figures, because it is even important to match the legal provisions with the economic performance.
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Vlahek, Ana, and Klemen Podobnik. "Provisions of the Damages Directive on Limitation Periods and their Implementation in CEE Countries." Yearbook of Antitrust and Regulatory Studies 10, no. 5 (2017): 147–75. http://dx.doi.org/10.7172/1689-9024.yars.2017.10.15.8.
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The article analyses the provisions on limitation of antitrust damages actions set out in Directive 2014/104/EU on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union. It presents (draft) implementing legislation of CEE countries from the perspective of their general rules on limitation, and the problems the Member States have faced in the process of transposing the Directive into their national legal systems. Within that, focus is placed upon the analysis of the types of limitation periods, their length and their suspension or interruption. In addition, the authors present the effects of the new limitation regime on the balance between the interests of the claimants and of the defendants, as well as on the relation between public and private antitrust enforcement.
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Dolinayova, Anna, and Igor Domeny. "Competition on the Railway Market in a Segment of Public Service Obligations in Terms of Effectiveness: Study in V4 Countries." Journal of Competitiveness 14, no. 3 (September 30, 2022): 41–58. http://dx.doi.org/10.7441/joc.2022.03.03.
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Since the introduction of new European Union legislation seeking to establish a single European railway area and increase the railway sector’s competitiveness, competition has also become a reality in this, until then, monopoly market. In addition to allowing open access to the railway market with freight and passenger services, competition in the regulated part of the market has been increasing, specifically in the segment of public passenger transport services. Public tendering for providing public services has increased the quality of services for passengers and contracting authorities; however, the question remains whether this model of awarding these services is also effective from a socioeconomic viewpoint. This study focused on evaluating contracting authorities of public services in the Visegrád-4 countries regarding public spending effectiveness. Based on the chosen model inputs and outputs related to performance and value indicators of public service contracts, we calculate individual contracting authorities’ relative effectiveness using nonparametric data envelopment analysis (DEA) models. We subsequently tested assumptions of the difference in effectiveness according to awarding services, individual countries or ownership of railway undertakings. We came to the conclusion that it is not possible to confirm that public tenders in V4 countries significantly increased the effectiveness of public spending in comparison with direct awards or other ways of awarding PSO. Discussions on the main results and research limitations are also part of this paper.
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Sirotkina, Mariia, Olena Lomakina, and Olena Shkarnega. "TOPICAL ASPECTS OF DCFTA IMPLEMENTATION IN THE JUDICIAL PROCEEDINGS." Baltic Journal of Economic Studies 7, no. 1 (January 22, 2021): 127–33. http://dx.doi.org/10.30525/2256-0742/2021-7-1-127-133.
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The Association Agreement between the European Union and Ukraine is a new format of relations aimed at creating a deep and comprehensive free trade area (DCFTA) between Ukraine and the EU with the gradual integration of Ukraine into the internal market of the European Union. Focusing on the experience of rule-making of the EU member states, it is necessary to define and implement the legal rules and principles of the national judiciary, taking into account the rules and principles of European law (Chornomaz, 2016). In accordance with the strategy of European integration of our country, the adaptation of Ukrainian legislation is to approximate it with the modern European legal system, which will ensure the development of the political, entrepreneurial, social, cultural activity of Ukrainian citizens, economic development of the state within the EU to facilitate the increase of standards of living of the population. The implementation of the provisions of European legislation provided by the economic part of the Association Agreement (AA) is extremely important in the context of reforms, as the provisions can and should serve as a basis for a new model of socio-economic development of Ukraine. The deepening of the processes of humanization and democratization of Ukrainian society, the gradual introduction of principles and rules of European law into the national judiciary through reforms in the field of justice, inter alia, have led to qualitative updating of criminal procedure legislation of Ukraine, in particular: use of differentiated approach to legal conflicts between persons who have committed criminal offences, which do not pose a great public danger, and victims; simplification and reduction of the procedure of criminal proceedings; ensuring procedural savings; reduction of the caseload; allowing the parties of the conflict to resolve issues of exemption from criminal liability in case of reconciliation between the offender and the victim independently, the appointment of the negotiated punishment and release from serving with probation, etc. Given the specifics of the approach to improving relations with neighbouring countries on a differentiated basis, the EU seeks to identify and base on existing positive sources of sustainability, as well as to monitor and respond to weaknesses with the appropriate set of methods and resources at its disposal. The purpose of the article is to study a theoretical and practical definition of challenges of adaptation of Ukrainian legislation to the legislation of the European Union, institutional and organizational mechanisms of DCFTA implementation in the field of justice and certain norms of the current criminal procedure legislation. Ukraine is undergoing the second phase of radical reform of government structures; it has been continuing for 15 years but, unlike other countries, it is much more difficult for Ukraine to get rid of the burden of past problems. Judicial reform is also underway and domestic legislation is being significantly changed, including the transformation of the judicial proceedings. The topical issue of the development of judicial reforms is an imperfection, and sometimes a contradiction of regulations, which negatively affects the process of realization of rights and responsibilities of all subjects of public relations, slows down the development of Ukraine as a state governed by the rule of law. However, the introduction of institutions of concluding agreements, simplified proceedings, probation, and later mediation, into the criminal procedure legislation of Ukraine indicates the readiness of our state to change the concept of criminal procedure in accordance with the European standards, which will improve the situation of all parties to criminal proceedings. However, they need further completion and improvement. We are convinced that the introduction of such institutions will contribute to the legal development of society to achieve the European standards of restorative justice, which will encourage the further introduction of the latter in the legislation of Ukraine, resolving criminal conflicts by reaching a compromise between parties in cases specified by law. One of the ways to solve this problem in Ukraine is to regulate the process of adoption of regulations by the subjects of rule-making and taking into account the provision that legality as an objective property of law, in general, is the necessary condition and the main principle of the rule-making process.
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Pohribnyi, Serhii O., and Oleksii O. Kot. "Updating the Civil Code of Ukraine as a guarantee of effective interaction between the state and society." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 1 (March 24, 2021): 106–14. http://dx.doi.org/10.37635/jnalsu.28(1).2021.106-114.
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The study analyses the current provisions of the Civil Code of Ukraine and judicial practice, examines international acts of civil legislation. Considering the need to update civil legislation to the legislation of the European Union countries, as well as gradually approaching the recommendations of the European Union in the property sphere, it is concluded that Article 1 of the Civil Code of Ukraine should be modernised by moving the phrase “civil relations” to the end of this sentence, since civil relations are such relations that meet all the criteria defined in Part 1 of this article, that is, relations based on legal equality, free expression of will and property independence of their participants. Based on the analysis of the provisions of the Civil Code of Ukraine, it is proposed to replace such a feature as “property autonomy”, which should be inherent in all civil relations, with a more accurate phrase – “property insulation”. It is considered that the Civil Code of Ukraine should be designed both for relations in which their participants set the goal of making a profit, and for relations in which participants do not pursue such a goal. The study proves the need to restore the status of the Civil Code of Ukraine as a core act for all public relations with private law content. To implement the idea of the Civil Code of Ukraine as a core act for private law, attention is drawn to the need to review the mechanism for ensuring the status of the Civil Code of Ukraine as the main act of civil legislation of Ukraine. After all, the mechanism laid down in Part 2 Article 4 of the Civil Code of Ukraine turned out to be ineffective: the text of the Civil Code of Ukraine was amended by any laws without taking into account the specific features of the mechanism of civil law regulation of such relations. It is considered that at the stage of updating the civil legislation, it is necessary to return to consolidating the list of legal forms for creation of legal entities in the Civil Code of Ukraine and thus harmonise Ukrainian legislation with European approaches to regulating the institution of a legal entity, as well as a number of contracts that were forcibly excluded from the Civil Code of Ukraine in 2003 to develop and fill in the text of the Civil Code of Ukraine
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Kirilenko, V. P., and G. V. Alekseev. "Problems of Harmonization of European and Russian Legislation on Defamation." Lex Russica 1, no. 9 (September 26, 2019): 168–82. http://dx.doi.org/10.17803/1729-5920.2019.154.9.168-182.
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Russia’s integration into the global information space largely depends on how effectively fundamental human rights and freedoms will be protected by the current national legislation and the emerging integration law. Harmonization of Russian law with European standards of freedom of speech and protection of intangible rights of individuals and legal entities in terms of liability for defamation statements is a fundamentally important task to maintain the authority of the Russian Federation in the European political arena. The work of international human rights organizations, such as the International Press Institute, demonstrates the problems with ensuring real freedom of speech in the vast majority of European Union countries. The use of criminal sanctions for defamation offences, as well as the use of extremely large administrative fines and civil compensation, in fact, is a pan-European practice of countering not only defamation, but also any abuse of freedom of speech by the media community. Such practices could hypothetically threaten free speech, and they raise understandable concerns among the democratic public about the prospects of state institutions controlling private media. Calls for social and legal experiments in the form of regular attempts to decriminalize libel do not seem constructive. Based on the analysis of the Russian practice of bringing to responsibility for torts in the information space, it is proposed to understand defamation as any illegal dissemination of information with the aim of harming legally protected interests and to make wider use of civil liability measures in punishing such offenses. The authors propose to harmonize the European and Russian legislation on defamation through the development of uniform rules for the production of the forensic linguistic examination of the defamatory materials to substantiate evidence of the unlawful intent of delinquent.
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Stoian, Andreea, Laura Obreja Brașoveanu, Iulian Brașoveanu, and Bogdan Dumitrescu. "A Framework to Assess Fiscal Vulnerability: Empirical Evidence for European Union Countries." Sustainability 10, no. 7 (July 16, 2018): 2482. http://dx.doi.org/10.3390/su10072482.
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Following the financial crisis of 2007 and the sovereign debt crisis in 2010 that affected the soundness and reduced the strength of public finance in European countries, there has been a growing interest in developing methodologies to the help assess and signal the vulnerability of fiscal policy. Therefore, the aim of this study is to develop a new framework (V-L-D) to assess fiscal vulnerability. V-L-D represents a new methodology on the measurement of fiscal vulnerability that relies on the assumption that vulnerability can occur even during calm times. In comparison with previous methodologies that studied fiscal vulnerability around crisis and fiscal distress times, our framework investigates fiscal vulnerability near fiscal adjustments episodes. Our methodology relies on two distinct indicators: one showing the vulnerabilities indicated by the level of the cyclically adjusted budget balance and distance-to-stability, and one showing the vulnerabilities pointed out through the changes of the cyclically adjusted budget balance and public debt. V-L-D is able to classify fiscal vulnerability into five distinct categories having scores from 0 (no fiscal vulnerability) to 4 (extreme fiscal vulnerability). Using annual data ranging over 1990–2013 for 28 European Union countries, we evidenced 310 episodes of fiscal vulnerability, out of which 128 episodes of low vulnerability, 94 of moderate, 62 of strong, and 26 of extreme fiscal vulnerability. We also found that over 2004–2013, Greece, Portugal, Romania, United Kingdom, Ireland, Spain, and Slovenia were the most fiscally vulnerable countries in the Union. United Kingdom and Greece went through the longest episodes of fiscal vulnerability, counting 12 and 11 consecutive years, respectively. We tested our framework’s effectiveness against the Excessive Deficit Procedure. We found that the overall performance is good: V-L-D assessed moderate fiscal vulnerability during the procedure, strong fiscal vulnerability in the first year when procedure was initiated, and extreme vulnerability one year before the initiation.
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Smirnov, E. N., S. V. Pospelov, and B. D. Nuriev. "Digital attaches institute in system of digital technology export support on example of big data and European Union legislation." E-Management 5, no. 1 (May 1, 2022): 43–51. http://dx.doi.org/10.26425/2658-3445-2022-5-1-43-51.
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The article touches upon the problem of state support for the export of digital technologies, taking into account the requirements set out in the “Action Plan (roadmap) “Creating additional conditions for the development of the information technology industry”, approved by the Government of the Russian Federation in September 2021. The authors develop the idea of the need to activate the activities of digital attaches, which, as expected, in the near future will play an important role in promoting domestic IT companies abroad. At the same time, it is emphasized that in their activities, digital attaches should pay more attention to the legislative process in the partner countries. As an example, the authors analyzed the legislative activity in relation to big data in the European Union countries. The article states the importance of applying the opportunities that the “Data Governance Act”, which is under consideration in the European Parliament, can provide to domestic business. Particular attention is paid to such emerging law institutions as the reuse of public sector big data, the provider and digital altruism. The authors believe that currently there is a rethinking and reformatting of the mechanism of interaction between the state and business in the digital sphere, which also requires study by domestic specialists.
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Alla, Mikel. "Characteristics of the VAT in Albania." European Journal of Social Sciences Education and Research 1, no. 1 (May 1, 2014): 228. http://dx.doi.org/10.26417/ejser.v1i1.p228-233.
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The value added tax (taxe sur la valeur ajoutee - TVA) was "invented" by a finance expert of France called "Maurice Laure" (1917-20 April 2001). The system of "Laure" is designed to April 10, 1954. He "invented" a tax on consumption, which was called the VAT (TVA). His idea was quickly adopted because it compels taxpayers at all levels of the production process, for self-management and self-calculating the tax, instead of putting the burden on sellers, or the tax authorities make the tax assessments. The tax legislation for the VAT in Albania has changed constantly . The VAT in Albania is regulated by the Law No. 7928 dated 27.04.1995 "On the VAT" . This law was amended to date from about 30 other laws . in the design of the fiscal policy of Albania , are taken into consideration the behavior of taxpayers and their ability to the tax evasion . Albanian state is trying to harmonize the fiscal legislation with those of the other countries of the European Union. This paper aims to show the main characteristics of the VAT in Albania . At the end of this paper, I will give my conclusions of the issue .
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Lalić Novak, Goranka, and Teo Giljević. "Migration and Asylum Governance in CEE Countries: Between Historical Legacies and the Europeanisation Process." Hrvatska i komparativna javna uprava 22, no. 1 (May 2, 2022): 97–128. http://dx.doi.org/10.31297/hkju.22.1.3.
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Migration patterns in post-socialist Central and Eastern Europe countries were different when compared to old EU member states. During the period after WWII until 1990, those patterns involved primarily migration to and from other CEE countries (and the Soviet Union). In former Yugoslavia, a less oppressive regime, together with a high demand for workers in Western European countries, opened up space for rather massive labour emigration during 1960s and 1970s. After the collapse of previous regimes and during the transition period in the 1990s, CEE countries experienced an increase in immigration; however, relatively small numbers of immigrants have been arriving from outside Europe. At the same time, under the EU accession requirements, those countries had to quickly develop migration policies and align their legislation with acquis communautaire on migration and border security. The mass migrations in 2015 and 2016 opened a new chapter regarding migration and asylum governance in CEE countries. Some of them, such as Visegrad countries, strongly opposed the EU initiatives in the area of migration and asylum, which influenced their relations with EU institutions but also other member states. The paper aims to explore the relationship between the transition and Europeanisation on one side, and the development of migration and asylum governance on the other side in CEE countries, based on the path-dependency approach. The paper focuses on the question to what extent (post)socialist factors influence national migration and asylum governance and policies which are at the same time governed by the EU regulatory framework. It is debated whether the effectiveness of the transfer of values and norms relating to migration during the accession process has been replaced by a “national turn” after joining the EU.
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Boltanova, E. S., and M. P. Imekova. "Russian Legislation Development Prospects in the Field of Protection of Citizens’ Rights in Processing of Genetic Information (Private Law Outlook)." Lex Russica, no. 2 (February 28, 2022): 90–100. http://dx.doi.org/10.17803/1729-5920.2022.183.2.090-100.
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The European Union countries tend to ensure the protection of citizens’ rights when processing genetic information in such areas as healthcare, science, labor and insurance. In Russia, such protection of citizens’ rights is provided exclusively for the prevention, disclosure and investigation of crimes.The results of the study show that genetic information is an element of objects of various constitutional human and civil rights (for example, the right to health, the right to privacy, personal dignity, etc.). Consequently, it can be the object of a complex of legal relations of various areas of law: constitutional, civil, labor, etc. In this regard, it is concluded that the protection of the rights of citizens in Russia in processing of genetic information in such areas as healthcare, science, labor and insurance should have a complex (intersectoral) character. At the same time, there is no need to adopt a general law that would ensure the appropriate protection of citizens’ rights in all these spheres of society. It is enough to make point changes to the laws regulating public relations on processing of genetic information within a particular sphere. The Federal Law «On Personal Data» should definitely take a central place among such laws. Its norms are of «cross-cutting» character and are subject to application to all public relations, one way or another related to the processing of genetic information.In addition, there is a sphere of social life in Russia that is directly related to the processing of genetic information, but is not subject to legislative regulation. This is scientific research that uses biological samples of human origin. The authors of the paper, by analogy with the legislation of the European Union, propose to adopt a new Federal Law «On research of biological samples of human origin».
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Mazur, Viktoria, and Archil Chochia. "Definition and Regulation as an Effective Measure to Fight Fake News in the European Union." European Studies 9, no. 1 (August 1, 2022): 15–40. http://dx.doi.org/10.2478/eustu-2022-0001.
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Summary Fake news is relevant in most countries of the world; nowadays the disinformation and fake news are of great importance as they greatly affect different political and social aspects of public life including healthcare, elections, migration, economy, etc. People are free to express themselves in different forms on the Internet, including publishing any content due to the freedom of expression. In order to understand how to legally frame fake news, it should first be clearly defined. The problem of disinformation and fake news is closely connected to the fact that providing a new law on fake news is likely to not just overlap but even often to conflict with the legislations that guarantee freedom of expression as fundamental freedom in the European Union. After considering existing laws, comparing, and analyzing measures taken to combat fake news, it appears that legislation may lead to over-censoring, violating freedom of expression. For effective fighting with fake news and its negative impact on the EU public, regulation on fake news is not necessary, it brings more legal issues than benefits to combating the dissemination of disinformation. Clearly defining the borderline between fake news and lies in the context of freedom of expression can therefore be more useful, taking a balancing approach. The general public is in many cases lacking media literacy and it can be improved by strengthening the role of media, which should be more consistent and be aimed at educating modern society.
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Qian, Yucheng. "Research on the Legislation of Pollutants in Cross-border Electronic Transport: From a Comparative Research Perspective." Journal of Education, Humanities and Social Sciences 1 (July 6, 2022): 231–36. http://dx.doi.org/10.54097/ehss.v1i.666.
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With the progress of technology, the updating speed of electronic equipment is faster and faster. The generation rate of e-waste in various countries is also speedy. In addition, a large number of e-waste from developed countries are also exported to some underdeveloped regions, which makes their domestic e-waste output more. Electronic waste contains a variety of toxic additives or harmful substances, most of which will be discharged into the environment and affect human health. This paper is mainly based on the analysis of developing countries, especially China. Firstly, it analyzes the reasons and background of e-waste transfer of enterprises such as HP and Siemens, as well as the more stringent environmental protection treatment strategies in developed countries. Secondly, it compares and analyzes the existing laws and regulations on electronic waste between the developed countries, the United States, the European Union, and China. China should analyze the lack of laws on the cross-border transfer of e-waste, which are not comprehensive and specific enough, and there are still loopholes in the existing legal system. Finally, it analyzes how to solve such problems from the essence, and compares the national environmental protection consciousness of different countries. And the consequence is that the environmental protection consciousness of the developed countries is significantly higher than that of developing countries. Therefore, it is found that developing countries should start with the public consciousness, followed by legislation, and put forward some suggestions to improve the rule of law in China.
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Prots, I. "Features of legal regulation of the financial system in the modern world." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 353–58. http://dx.doi.org/10.24144/2307-3322.2022.70.56.
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The article is devoted to the study of complex system analysis of the current state of the financial system and its elements. The current national financial legislation, by-laws and experience of forming the financial system in the European Union are considered. It is noted that the development and implementation of financial policy, the organization of sustainable and stable money circulation in the country is one of the important activities of the state. That is why the issue of the financial system has always, one way or another, been reflected in the constitutions, ie it was and remains one of the objects of legal regulation. As the world economy developed, the relevance and comprehensiveness of its legal regulation gradually increased, growing both in depth and breadth: on the one hand, the number of financial institutions and relations governed by the constitution and other sources of constitutional law increases, and on the other such regulation. In order to understand the points of contact between law and the financial system, the reasons, content and aspects of its legal regulation, it is necessary to try to formulate a general concept of finance and the financial system of the state and its structure. Only on the basis of the analysis of the essence and correlation of the named phenomena it is possible to determine the place and significance of finance in law. There is currently an urgent need for major legal changes regulation of financial and economic relations. Modern financial transformations have covered a wide range of public relations, as evidenced by changes in tax, budget, currency, insurance legislation, banking and credit reforms. However, the reality shows that the improvement of all management systems is taking place in a crisis caused by Russia’s military intervention in Ukraine’s internal affairs, in connection with which the need to use the experience of the European Union is particularly acute. This applies not only to fiscal policy, but also, in particular, issues of taxation, banking, building an effective financial management system, creating an effective structure of financial authorities.
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Vanni, Domitilla. "The essential role of the investigation in fighting economic crime in Italy." Journal of Financial Crime 23, no. 2 (May 3, 2016): 465–80. http://dx.doi.org/10.1108/jfc-08-2014-0038.
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Purpose This paper aims to analyse the evolution of European anti-money laundering discipline passing from the First Money Laundering Directive 91/308/EEC, that was only referred to banks and financial intermediaries, that has been furthermore extended to some activities and professions outside the financial sector. The research examines the different steps done buy Italian Legislation in the field of economic crime: at first Law n. 14/2003 of 3 February 2003 (Community Law 2002), they transposed the 2001 Directive 2001/97/EC and then the Law n. 56/2004 of 20 February 2004, that has implemented Directive 2001/97/EC. Now it is urgent to implement Directive 2005/60/EC that has extended the scope of the legislation, including the fight against the financing of terrorism and modified anti-money laundering obligations. Design/methodology/approach This paper deals with the Legislations of some European States (in particular UK and Italy) interpreting them by a comparative method. Findings This paper has put in clear some differences and some analogies between national legislations of different countries. Research limitations/implications In Italy, at first Law n. 14/2003 of 3 February 2003 (Community Law 2002), has transposed the 2001 Directive 2001/97/EC and then the Law n. 56/2004 of 20 February 2004, has implemented Directive 2001/97/EC. In 2005, Directive 2005/60/EC has extended the scope of the legislation, including the fight against the financing of terrorism and modified anti-money laundering obligations. Practical implications In the context of economic crime, capital investigations represent one of the most effective tools to fight the activities of organized crime in the phase of managing wealth illicitly produced and its immission in the circuit of the legal economy. Social implications The need of fighting economic crime must always be harmonized with the protection of right to privacy that has been acknowledged by Article 8 of the European Convention of Human Rights of 1950 as a fundamental right. Originality/value This paper develops the need to balance the right to privacy of every European citizen (Article 8 CEDU) with investigative power exercised by Public or Private Authorities, considering the possibility to comprise the first – if necessary – to allow the regular exercise of the second.
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Doetsch, Julia Nadine, Vasco Dias, Marit S. Indredavik, Jarkko Reittu, Randi Kallar Devold, Raquel Teixeira, Eero Kajantie, and Henrique Barros. "Record linkage of population-based cohort data from minors with national register data: a scoping review and comparative legal analysis of four European countries." Open Research Europe 1 (May 27, 2021): 58. http://dx.doi.org/10.12688/openreseurope.13689.1.
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Background: The General Data Protection Regulation (GDPR) was implemented to build an overarching framework for personal data protection across the European Union/Economic Area (EU/EEA). Linkage of data directly collected from cohort participants based on individual consent must respect data protection rules and privacy rights of data subjects. Our objective was to investigate possibilities of linking cohort data of minors with routinely collected education and health data comparing EU/EEA member states. Methods: A legal comparative analysis and scoping review was conducted of openly online accessible published laws and regulations in EUR-Lex and national law databases on GDPR’s implementation in Portugal, Finland, Norway, and the Netherlands and its connected national regulations purposing record linkage for health research that have been implemented up until April 30, 2021. Results: EU/EEA has limited legislative authority over member states. The GDPR offers flexibility for national legislation. Exceptions to process personal data, e.g., public interest and scientific research, must be laid down in EU/EEA or national law. Differences in national interpretation caused obstacles in cross-national research and record linkage: Portugal requires written consent and ethical approval; Finland allows linkage mostly without consent through the national Data Protection Supervisory Authority; Norway when based on regional ethics committee’s approval and adequate information technology safeguarding confidentiality; the Netherlands mainly bases linkage on the opt-out system and Data Protection Impact Assessment. Conclusions: Though the GDPR is the most important legal framework, national legislation execution matters most when linking cohort data with routinely collected health and education data. As national interpretation varies, legal intervention balancing individual right to informational self-determination and public good is gravely needed for scientific research. More harmonization across EU/EEA could be helpful but should not be detrimental in those member states which already opened a leeway for registries and research for the public good without explicit consent.
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Zhornokui, Yurii. "Public legal means of investment of small and medium innovative entrepreneurship in the European Union." Law and innovations, no. 1 (29) (March 31, 2020): 7–13. http://dx.doi.org/10.37772/2518-1718-2020-1(29)-1.
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Problem setting. The development of social relations, the economic well-being of the population and the stable social structure of any state in the present circumstances are conditioned by a series of factors, one of which is the development of innovative infrastructure. One of the most important directions of development of the economic sector of our country was the formation of an innovative model of the economy, which puts to law the new tasks of clarifying the purpose and social value of law as a regulator of social relations. Analysis of recent researches and publications. The current state of the study of the selected issues indicates that the sources from which public-law organizations are investing innovative activities of small and medium-sized innovative entrepreneurship in the EU are insufficient. At the same time, the state policy of the EU countries in the scientific and technical sphere is realized through the use of various instruments, which include: legislation, tax policy, size and nature of the allocation of budget funds, including for the implementation of works in priority areas, the formation and maintenance of infrastructure, personnel, etc. Target of research is to identify the public and legal means of investing small and medium innovative entrepreneurship in the EU. Article’s main body. In the EU, the innovative component of public policy encompasses the scope of national scientific institutions (institutes, research centers, university laboratories, etc.). There are government programs that receive partial funding from the state budget. The state is guided by different criterias when deciding on the financing of specific works. First, the prospect of each specific direction is evaluated from the point of view of preserving the country’s achieved position on the world market in the future. Second, the recognition at the governmental level of innovation as a vital factor of economic development, the conduct of a broad government company on the problems of innovation. The current state of regulatory support suggests that structural funds such as the European Regional Development Fund and the European Social Fund should be considered as the main public sources of investment for innovative enterprises. In particular, such funds are implementing EIC Pathfinder Pilot, FET Innovation Launchpad, EIC Transition to Innovation Activity, EIC Accelerator, Programme for the Competitiveness of Enterprises and Small and Medium-sized Enterprises (COSME) etc. Conclusions and prospects for the development. In the EU, the investment of small and medium enterprises is not homogeneous, but a large part of them, despite the large number of investment support tools for such companies, face significant challenges in accessing investment resources. Developing a successful pan-European policy requires an indepth understanding of the problems and specifics of financing the innovation activities of small and medium innovative enterprises in EU Member States.
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Vanni, Domitilla. "Are we any good at protecting our societies and economies from the threat of economic crime and misconduct?" Journal of Financial Crime 26, no. 4 (October 7, 2019): 1006–13. http://dx.doi.org/10.1108/jfc-11-2017-0115.
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Purpose This paper aims to outline the Italian framework of rules against economic crime and to verify if Italian legislation provides for appropriate and effective measures according to own needs both at a national and European level. Design/methodology/approach The paper uses a comparative approach by examining the European and Italian legal systems for finding analogies and differences between them. Findings The study has revealed the need of a greater international harmonisation of criminal laws and penalties as well as the transnationality of the economic crime cuts the chance of success of every national strategy, given that transnational criminals are encouraged by the awareness that their cross-border activities complicate law-enforcement efforts against them. Research limitations/implications To maintain a common international level in the protection of individuals from the risk of economic crimes and to enforce the effectiveness of European and national regulations. Practical implications The achievement of a high level of protection, for public security and social cohesion, to prevent and reduce economic crimes, in particular, cybercrimes. Social implications To ensure a high level of security for the general public by taking action against money laundering, cybercrimes and other sorts of misconducts. Originality/value Fighting economic crime requires the close cooperation of law enforcements from different countries, which the traditional law enforcement institutions are not designed to provide.
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Golovina, S., Aleksey Ruchkin, I. Mikolaychik, and L. Smirnova. "Local Communities Participation in Rural Development: the Experience of the European Union." Agrarian Bulletin of the 212, no. 09 (November 9, 2021): 80–92. http://dx.doi.org/10.32417/1997-4868-2021-212-09-80-92.
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Abstract. The use of the experience of implementing the Common Agricultural Policy (CAP) in the member states of the European Union (EU) is relevant both for Russia and for other countries of the world interested in the successful development of the agrarian sector of the economy and rural areas. The role of rural areas in achieving national security of countries and regions (food, biological, environmental and other) is increasing significantly due to the current challenges and threats (climate change, COVID-19 pandemic, aggravation of the international situation). The purpose of the study, the results of which are presented in this article, is to scrutinise the special approach implemented under the CAP. This approach is referred to in European law as LEADER/CLLD and refers to a close combination of comprehensive cross-sector interaction with active involvement of local communities in rural development. In the work, analytical and review research methods were used, with the help of which (1) the current (relevant to the research topic) legislation, (2) programs implemented in the EU member states, (3) significant scientific publications were subject to scrupulous study. The result of the work is a review and analysis of the findings and practical recommendations for the future use of the various aspects of LEADER/CLLD in domestic political and economic practice. The application of this approach takes into account the fact that the experience of local residents, combined with the opinions of other stakeholders, can help to better adapt rural development policy to real needs and opportunities, and to form a specific (unique) human capital within the boundaries of rural communities. Human capital includes, in addition to specific skills, (1) the ability to take constructive initiatives, (2) a sense of local identity and ownership, (3) the ability to participate as equals with other partners in defining local development strategies, (4) trust between people, private enterprises, public institutions and sectoral communities interested in successful rural development, formed through constant interaction. Theoretical and practical conclusions regarding the content of LEADER/CLLD initiatives, as well as findings related to the possibilities of introducing tools and mechanisms to support rural areas, implemented directly with the involvement of local communities with financial support from the state, are of scientific novelty.
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Kharitonova, Julia S., and Larisa V. Sannikova. "DIGITAL FINANCIAL TOOLS FOR SOCIALIZING PRIVATE LAW." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 39 (2021): 208–24. http://dx.doi.org/10.17223/22253513/39/16.
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Nowadays, the law is being transformed as a regulator of relations. The idea of strengthe-ning the regulatory role of technologies in the field of streamlining public relations is making much headway in the world. This trend is most pronounced in the area of regulation of private relations. The way of such access to the market as crowdfunding is becoming increasingly widespread. The issuing of the so-called secured tokens is becoming popular for both small businesses and private investors. The trust in new ways of attracting investments is condi-tioned by the applied technology - the use of blockchain as a decentralized transparent data-base management system. Under these conditions, there is such a phenomenon as the democ-ratization of property relations. Every individual receives unlimited opportunities to invest via technologies. Thus, legal scholars all over the world face the question about the role of the law and law in these relations? We believe that we are dealing with such a worldwide trend of regulating public relations as the socialization of the law. Specific examples of issuing tokens in Russia and abroad show the main global trends in the transformation of private law. The platformization of economics leads to the tokenization and democratization of property relations. In this aspect, the aim of lawyers should be to create a comfortable legal environment for the implementation of projects aimed at democratizing property relations in Russia. The socialization of private law is aimed at achieving social jus-tice and is manifested in the creation of mechanisms to protect the rights of the weak party and rules to protect private investors. Globalization requires the study of both Russian and foreign law. To confirm their hypothesis, the authors conducted a detailed analysis of the legislation of Russia, Europe and the United States to identify the norms allowing to see the process of socialization of law in the above field. The generalization of Russian and foreign experience showed that when searching for proper legal regulation, the states elect one of the policies. In some countries, direct regulation of ICOs and related emission relations are being created, in others, it is about the extension of the existing legislation to a new changing tokenization relationship. The European Union countries are seeking to develop common rules to create a regulatory environment to attract investors to the crypto industry and protect them. Asian countries are predominantly developing national legislation in isolation from one another, but most of them are following a unified course to encourage investment in crypto assets while introducing strict rules against fraud on financial markets. The emphasis on the protection of the rights of investors or shareholders, token holders by setting a framework, including private law mechanisms, can be called common to all approaches. This is the aim of private law on the way to social justice.
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Mikulić, Davor, and Goran Buturac. "In What Measure Is Public Finance Sustainability Threatened by Illicit Tobacco Trade: The Case of Western Balkan Countries." Sustainability 12, no. 1 (January 4, 2020): 401. http://dx.doi.org/10.3390/su12010401.
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The aim of this paper is to gain new knowledge about illicit tobacco trade in Western Balkan countries and its effects on public finance sustainability. It includes an estimation of the volume of illicit tobacco trade, identifying and quantifying the key factors that cause illegal tobacco trade, the effects of illegal tobacco trade on public finance sustainability, and the effects on the intensity of total tobacco trade. An empirical analysis was conducted using the data collected by field research on consumer preferences in tobacco products in Western Balkan countries (Bosnia and Herzegovina, Croatia, Kosovo, Macedonia, Montenegro, Serbia, and Slovenia). The reference research period is the year 2018. The results obtained show a high variability of volume of illicit tobacco trade in Western Balkan countries. While more than 20% of tobacco products in Montenegro and Bosnia and Herzegovina are bought on the gray market, a share of illicit tobacco trade lower than 5% is found in Slovenia and Macedonia. Underdeveloped institutional framework fighting against illicit trade and weak rule of law, coupled with the heavy taxation of tobacco products, are the key factors behind a higher intensity of illicit trade in comparison to more developed European Union (EU) economies. Illicit tobacco trade negatively affects the stability of public finance of Western Balkan economies and reduces the level of public service. It is especially important for the health system combating the negative consequences of smoking. Regular and illicit tobacco trade amongst Western Balkan countries is found to flow in opposite directions.
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Postuła, Marta, and Jacek Tomkiewicz. "Consequences of Fiscal Adjustment and Public Finance Management. The Costs of Limiting the Fiscal Imbalance in Eurozone Countries." Central European Journal of Public Policy 13, no. 1 (June 1, 2019): 1–11. http://dx.doi.org/10.2478/cejpp-2019-0001.
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Abstract This article focuses on the effects of corrections to the budgetary policy in eurozone economies. The goal of the text is to check if advancement in implementing modern tools of public management is helpful in the time of fiscal adjustment. We assume that the most important role of a performance approach in conducting fiscal policy is the ability of government to implement active policy meant as structural changes in the composition of public expenditures. In the case of the need to cut general levels of public spending, public sector managers who have knowledge of performance effects of public policies should be able to conduct fiscal adjustment in such a way as to minimise negative outcomes of spending correction on society. The structure of the text is as follows. First, we present some insights on the economic effects of fiscal adjustment. Then, we discuss the concept of performance management presented in the theory and policy agendas of international institutions such as the European Union or the OECD (Organization for Economic Cooperation and Development). Finally, we present the result of an empirical exercise that is designed to combine the level of advancement in implementing performance budgeting (PB) and the social cost of fiscal adjustment in eurozone economies. The most important finding of the research is that PB tools seem to have very limited usefulness in a time of fiscal adjustment. There is no statistical evidence that countries advanced in utilisation of PB tools conduct more active fiscal policy – approach of cutting all expenditures across the border by given percentage rather than looking at priorities and social outcomes of fiscal adjustment dominates in all cases.
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Rich, Bruce. "Public International Finance and Coal Fired Power: An Overview and Analysis 1994-2009, with a Spring, 2011 Update and Postscript." RIVISTA DI STUDI SULLA SOSTENIBILITA', no. 2 (September 2011): 119–63. http://dx.doi.org/10.3280/riss2011-002008.
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The World Bank and other international public financial institutions are continuing an eighteen year trend of supporting coal-fired power plant construction throughout the developing world and economies in transition. By financing this new carbonintensive infrastructure, multilateral development banks (MDBs) and export credit agencies (ECAs) are hamstringing the fight against global warming and setting back longer term efforts to alleviate poverty in the world's poorest countries. From 1994 through early 2009, the World Bank, other MDBs and ECAs financed new construction or expansion of 88 coal-fired power plants. These plants will generate roughly 791 million tons of CO2 emissions per year, or more than 75% of the 2008 annual emissions for coal-fired power in the entire European Union. According to the International Energy Agency, without a decisive reorientation of energy investment from carbon-intensive sources in developing and emerging economies, atmospheric CO2 will overshoot the point of no return for dangerous global warming, even if the OECD countries were to reduce their CO2 emissions to zero by 2030. Scarce public international financial resources in the energy sector should go to renewable technologies and energy efficiency, which will help countries grow and alleviate poverty while reducing the impacts of global warming on the poor.
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Wasilewska, Natalia. "The functioning of the credit market in the European Union and the consequences of legal regulations regarding the cost of credit on the example of Poland." Economic Annals-ХХI 188, no. 3-4 (May 10, 2021): 158–73. http://dx.doi.org/10.21003/ea.v188-19.
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The purpose of this work is to determine the level of financial obligations the borrower assumes when obtaining a loan in Poland, depending on the conditions under a credit agreement, circumstances related to getting and repayment of the loan. It is found that from to January 2008 to January 2021 in emerging market economies the level of credit to the non-financial sector in the percentage of GDP is increasing to 240%, in Member states of the Euro area - about 292%. The study found that in countries in the emerging market group, the level of financing increases much quickly than in Euro area. Thus, in January 2021 compared to January 2008, the level of financing (credit to non-financial sector from all sectors at market value) in emerging market economies has tripled, while in Euro area member countries this ratio increased on 33%. In Poland, the level of financing during mentioned period increased to 141.1% and as of January 2021 amounted to USD 881.8 bln. The development of bank lending is only possible if there is a transparent relationship between the banks and the borrowers that helps to minimize credit risk. The analysis of credit legislation in the EU countries made it possible to find that there is a problem with presentation of information on the calculation of the credit costs in a transparent and understandable way. It was established that the credit costs in Poland, taking into account its maximum level, can have a significant impact on the borrower’s creditworthiness and obtaining information on the «real» credit costs is necessary to make good decisions by a potential debtor. According to the results of the study, algorithms for calculating the credit cost were proposed, that make it possible to present all components of the costs and its level depending on the conditions for granting a loan. The results of the research can be used by potential borrowers before deciding to take a loan in a Poland bank to determine all the costs related to the loan. The research is in line with an idea of «economisation of law» or «financialisation of law».
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Kopytsia, M. "ON THE ISSUE OF STATE SUPPORT AND PUBLIC ADMINISTRATION IN AGRICULTURAL LAW OF UKRAINE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 113 (2020): 18–23. http://dx.doi.org/10.17721/1728-2195/2020/2.113-4.
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The course of European integration chosen by the state and the further accession of Ukraine to the European Union requires, in turn, the reform of national legislation and the system of authorities, as well as a review of the state's role in the life of public relations, including agrarian ones. In this regard, there is a need to carry out agrarian reform of Ukraine, the main purpose and task of which is to ensure the activity of the national commodity producer, to bring the agrarian sector of Ukraine to the international level, as well as to strengthen the position of Ukrainian products in the world market. However, without the proper involvement of the state, achieving these goals is virtually impossible. That is why the role of the state in ensuring the development of the agro-industrial sector is crucial. At the same time, the state should not interfere in agribusiness, and it is obliged to create only favorable environment for business entities. In this case, it is important to ensure the proper public administration of agrarian legal relations, which in turn creates the need to study the nature of public administration, the purpose and mechanisms of implementation, as well as legislative regulation. At the same time, considerable attention needs to be paid to the study of state support for agriculture, which in recent years has been the main type of state participation in the field of agriculture. Public administration and direct government support for agriculture create the right conditions for agribusiness development, including the opportunity for small and medium-sized businesses to develop. The article explores the concepts of public administration and state support for agriculture, defines their purpose and content. The comparative legal characterization of public administration and state support has been carried out separately, and it has been established that these are different legal categories, but interrelated and interdependent. It is determined that the national legislation of Ukraine does not have definitions of the studied concepts, and therefore one of the directions of reforming the national legislation should be its updating by fixing the concept of public administration, methods, principles of its implementation, etc. The purpose of the study is to compare state support and public administration in agrarian law of Ukraine, to determine common and different characteristics, to establish methods of implementation of state support and public administration, to study the experience of foreign countries on state support and public administration of agricultural producers. The object of the study is the legal relations that arise between the state and other subjects of agrarian legal relations regarding the implementation of public administration and state support of the agrarian sector. The methodological basis of scientific research is represented by the following methods: the method of legal analysis, comparative method, the structural method, the formal legal method. Keywords: public administration, state support, state aid, public administration, agrarian relations, public authorities.
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Piersanti, Valeria, Francesca Consalvo, Fabrizio Signore, Alessandro Del Rio, and Simona Zaami. "Surrogacy and “Procreative Tourism”. What Does the Future Hold from the Ethical and Legal Perspectives?" Medicina 57, no. 1 (January 8, 2021): 47. http://dx.doi.org/10.3390/medicina57010047.
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Background and objectives: To explore the ethical and legal complexities arising from the controversial issue of surrogacy, particularly in terms of how they affect fundamental rights of children and parents. Surrogacy is a form of medically-assisted procreation (MAP) in which a woman “lends” her uterus to carry out a pregnancy on behalf of a third party. There are pathological conditions, such as uterine agenesis or hysterectomy outcomes, that may prevent prospective mothers from becoming pregnant or carry a pregnancy to term; such patients may consider finding a surrogate mother. Many issues relating to surrogacy remain unresolved, with significant disagreements and controversy within the scientific community and public opinion. There are several factors called into play and multiple parties and stakeholders whose objectives and interests need to somehow be reconciled. First and foremost, the authors contend, it is essential to prioritize and uphold the rights of children born through surrogacy and heterologous MAP. Materials and methods: To draw a parallel between Italy and the rest of the world, the legislation in force in twelve European countries was analyzed, eleven of which are part of the European Union (France, Germany, Italy, Spain, Greece, Netherlands, Belgium, Denmark, Lithuania, Czech Republic and Portugal) and three non-members of the same (United Kingdom, Ukraine and Russia), as well as that of twelve non-European countries considered exemplary (United States, Canada, Australia, India, China, Thailand, Israel, Nigeria and South Africa); in particular, legislative sources and legal databases were drawn upon, in order to draw a comparison with the Italian legislation currently in force and map out the evolution of the Italian case law on the basis of the judgments issued by Italian courts, including the Constitutional and Supreme Courts and the European Court of Human Rights (ECHR); search engines such as PubMed and Google Scholar were also used, by entering the keywords “surrogacy” and “surrogate motherhood”, to find scientific articles concerning assisted reproduction techniques with a close focus on surrogacy. Results: SM is a prohibited and sanctioned practice in Italy; on the other hand, it is allowed in other countries of the world, which leads Italian couples, or couples from other countries where it is banned, to often contact foreign centers in order to undertake a MAP pathway which includes surrogacy; in addition, challenges may arise from the legal status of children born through surrogacy abroad: to date, in most countries, there is no specific legislation aimed at regulating their legal registration and parental status. Conclusion: With reference to the Italian context, despite the scientific and legal evolution on the subject, a legislative intervention aimed at filling the regulatory gaps in terms of heterologous MAP and surrogacy has not yet come to fruition. Considering the possibility of “fertility tourism”, i.e., traveling to countries where the practice is legal, as indeed already happens in a relatively significant number of cases, the current legislation, although integrated by the legal interpretation, does not appear to be effective in avoiding the phenomenon of procreative tourism. Moreover, to overcome some contradictions currently present between law 40 and law 194, it would be appropriate to outline an organic and exhaustive framework of rules, which should take into account the multiplicity of interests at stake, in keeping with a fair and sustainable balance when regulating such practices.
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Piersanti, Valeria, Francesca Consalvo, Fabrizio Signore, Alessandro Del Rio, and Simona Zaami. "Surrogacy and “Procreative Tourism”. What Does the Future Hold from the Ethical and Legal Perspectives?" Medicina 57, no. 1 (January 8, 2021): 47. http://dx.doi.org/10.3390/medicina57010047.
Full textAbstract:
Background and objectives: To explore the ethical and legal complexities arising from the controversial issue of surrogacy, particularly in terms of how they affect fundamental rights of children and parents. Surrogacy is a form of medically-assisted procreation (MAP) in which a woman “lends” her uterus to carry out a pregnancy on behalf of a third party. There are pathological conditions, such as uterine agenesis or hysterectomy outcomes, that may prevent prospective mothers from becoming pregnant or carry a pregnancy to term; such patients may consider finding a surrogate mother. Many issues relating to surrogacy remain unresolved, with significant disagreements and controversy within the scientific community and public opinion. There are several factors called into play and multiple parties and stakeholders whose objectives and interests need to somehow be reconciled. First and foremost, the authors contend, it is essential to prioritize and uphold the rights of children born through surrogacy and heterologous MAP. Materials and methods: To draw a parallel between Italy and the rest of the world, the legislation in force in twelve European countries was analyzed, eleven of which are part of the European Union (France, Germany, Italy, Spain, Greece, Netherlands, Belgium, Denmark, Lithuania, Czech Republic and Portugal) and three non-members of the same (United Kingdom, Ukraine and Russia), as well as that of twelve non-European countries considered exemplary (United States, Canada, Australia, India, China, Thailand, Israel, Nigeria and South Africa); in particular, legislative sources and legal databases were drawn upon, in order to draw a comparison with the Italian legislation currently in force and map out the evolution of the Italian case law on the basis of the judgments issued by Italian courts, including the Constitutional and Supreme Courts and the European Court of Human Rights (ECHR); search engines such as PubMed and Google Scholar were also used, by entering the keywords “surrogacy” and “surrogate motherhood”, to find scientific articles concerning assisted reproduction techniques with a close focus on surrogacy. Results: SM is a prohibited and sanctioned practice in Italy; on the other hand, it is allowed in other countries of the world, which leads Italian couples, or couples from other countries where it is banned, to often contact foreign centers in order to undertake a MAP pathway which includes surrogacy; in addition, challenges may arise from the legal status of children born through surrogacy abroad: to date, in most countries, there is no specific legislation aimed at regulating their legal registration and parental status. Conclusion: With reference to the Italian context, despite the scientific and legal evolution on the subject, a legislative intervention aimed at filling the regulatory gaps in terms of heterologous MAP and surrogacy has not yet come to fruition. Considering the possibility of “fertility tourism”, i.e., traveling to countries where the practice is legal, as indeed already happens in a relatively significant number of cases, the current legislation, although integrated by the legal interpretation, does not appear to be effective in avoiding the phenomenon of procreative tourism. Moreover, to overcome some contradictions currently present between law 40 and law 194, it would be appropriate to outline an organic and exhaustive framework of rules, which should take into account the multiplicity of interests at stake, in keeping with a fair and sustainable balance when regulating such practices.
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Adalmiro, Pereira, Silva Eduardo, and Vaz Ângela. "SNC-AP Public Administration Accounting Standardization System - An Approach to Standards." Scholars Journal of Economics, Business and Management 8, no. 8 (August 3, 2021): 197–200. http://dx.doi.org/10.36347/sjebm.2021.v08i08.001.
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The growing complexity of the business world, associated with economic and financial globalization, has led to an increase in economic activity between companies and countries, which has given rise to the need to adopt a set of internationally accepted accounting standards, in order to mitigate the different accounting practices between countries and companies. In this sense, the International Accounting Standards Board, IASB, was created, responsible for creating a set of accounting standards with a global scope. The European Union joined the IASB, in the accounting harmonization process, leading to the adoption of the IASB's international standards as from 2005, all listed companies. In Portugal, it was decided to bring the national accounting system closer to international standards. For this purpose, the Accounting Standardization System, SNC, was created by the Accounting Standardization Committee (CNC), which includes a set of accounting standards, based on the international standards of the IASB. Decree-Law No. 192/2015 of 11 September, institutes the Accounting Standardization System for Public Administration in Portugal. This introduction eliminated a problem recognized in the diploma as “fragmentation constitutes a serious problem of technical inconsistency, as it affects the efficiency of the consolidation of accounts in the public sector and entails many adjustments that are not desirable and that question the reliability of the information in headquarters of its integration." Thus, it is referred in the legislation, after “15 years since the approval of the POCP and after having considered the needs of having an accounting system that responds to the requirements of adequate planning, reporting and financial control, the Government decided, through the Decree-Law No. 134/2012, of 29 June, instructs the Accounting Standardization Committee to prepare a new accounting system for public administrations, which is consistent with the SNC and .......
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Poljanec, Kristijan, and Tomislav Jakšić. "Safeguarding Croatian Strategic Industries Within the Scope of the EU Foreign Direct Investment Regime." Central European Journal of Comparative Law 1, no. 2 (December 9, 2020): 123–49. http://dx.doi.org/10.47078/2020.2.123-149.
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A European Union (EU)-wide screening regime entered into force in October 2020, marking the turning point in the Member States’ investment relations with third countries, most notably, the emerging economies of the Far East. Most Central and Eastern European (CEE) states have recently embraced novel screening solutions; some legislative proposals are still pending in a few states. These regulatory changes are the result of the socio-economic turmoil caused by the COVID-19 epidemic, which threatens a major fire sale of resources that are deemed critical for the Member States’ national security and public order. In this paper, the authors examine the existing screening mechanisms regarding foreign direct investment (FDI) in five EU countries: Austria, Germany, Hungary, Slovenia, and Poland. Given the apparent lack of comprehensive FDI screening mechanisms in Croatia, the authors consider that the findings of this comparative analysis could help Croatian legislator establish a comprehensive legal regime for FDI pouring into Croatian strategic industries. This paper argues that Croatia should introduce novel screening mechanisms along the lines of the Germanic legal tradition, most notably, the CEE and the German foreign trade and payments law. The authors suggest potential solutions de lege ferenda that would fit the scope and objectives of the screening regulation. Following the introduction, the second section of the paper glances through FDI screening mechanisms in four CEE countries. In the third section, the paper revisits the existing Croatian legislation on FDI control. The fourth section considers possible amendments thereof within the context of the German foreign trade and payments law. The fifth section summarises and concludes the paper.
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V. V., Novitskyi. "Political and legal mechanisms for the protection of human rights through the lens of the European Union countries." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (August 2020): 180–85. http://dx.doi.org/10.33663/2524-017x-2020-11-32.
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The author of the article, first of all, draws attention to the current problems of protection and protection of human rights, which unfortunately are traced within the territorial jurisdiction of the European Union. Such problem is quite well demonstrated by Berbel Koffler, as the Commissioner of the Government of the Federal Republic of Germany on human rights and humanitarian aid policy. Indeed, the Ombudsman of Germany has raised a number of deep dilemmas: violence against human rights defenders on the grounds of their professional activity, the relation of human rights institutions with public security and economic development. In fact, these questions, in varying percentages, are equally relevant to many countries in the world. In the outlined context, the case of the European Court of Human Rights “Gabriel Weber and Caesar Richard Saravia v. Germany” of 29.06.06 was analyzed. Actually, this case covers directly the issues of human rights and national security of Germany. Grounds for initiating this case have arisen in connection with the legislative provisions of the Law of Germany on the Restriction of the Secret of Correspondence, Mail and Telecommunications of 13.08.68., ("Law G-10"), taking into account changes made under the Anti-Crime Act of 28.10.94, which extend the powers of the Federal Intelligence Service, within the so-called strategic monitoring. It is about collecting information by listening to telephone conversations in order to identify and prevent serious threats to the Federal Republic of Germany, such as: armed attacks on its territory, international terrorist attacks, other serious crimes. According to the applicants who worked as journalists, strategic monitoring can be used against individuals to prevent effective journalistic investigations. In view of these suspicions, the applicants argued that they had violated the human rights guaranteed by the Convention, such as the right to privacy and correspondence, the violation of press freedom, and the right to an effective remedy. The ECHR Judges, having examined the circumstances of the case, concluded that there were no grounds to satisfy the complaints on the basis of the following arguments: 2) German legislation, as part of strategic monitoring, is endowed with adequate and effective safeguards against abuse by authorized entities. In addition, the article analyzes the multi-vector issue of banning citizens of some European Union countries from wearing hats that completely or partially hide their faces. The fact is that, under such restrictions, in particular, the traditional clothing of women adherents of Islam has fallen. It is a “burqa” and a “niqab”. The presented study is mainly based on the legislative practice of France, Belgium, which provides for administrative as well as criminal penalties for non-compliance with the stated prohibition. In such cases as S.А.С. France, Belkacemi and Oussar v. Belgium, Dakir v. Belgium, the applicants, alleged that they had violated the human rights guaranteed by the Convention, including: the right to respect for their private life; the right to freedom of expression of one's religion or belief; the right to freedom of expression; the right to freedom of association; humiliating treatment and discrimination against the enjoyment of the abovementioned human rights. According to most ECHR judges, who have dealt with the said cases, the disputed prohibition is not necessary in a "democratic society for public safety" but its main task is to preserve the conditions of "cohabitation" as an element of "protection of the rights and freedoms of others." In the context of this debate, attention was paid indirectly to such EU Member States as: Austria, Bulgaria, Croatia, Germany, Latvia, the Netherlands, Italy, Spain, Denmark, Switzerland. Keywords: human rights, legal guarantees, security, privacy.
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Laurinaitytė, Ilona, Ilona Michailovič, Liubovė Jarutienė, and Justina Zokaitė. "The criminalization of stalking and characteristics of court practices in stalking cases in Lithuania." Kriminologijos studijos 9 (June 16, 2022): 77–99. http://dx.doi.org/10.15388/crimlithuan.2021.9.3.
Full textAbstract:
Stalking is considered a serious public health problem as well as a harmful form of victimization often leading to severe consequences for the victim. Although there is still little agreement on the exact definition of stalking, it has been recognized that the core elements of stalking include deliberateness and recurrence of the stalker’s actions as well as victim fear and concern for safety. The main purpose of this article is to debate on the definition of stalking as well as provide the rates of stalking in Lithuania. Authors conclude that stalking refers to a constellation of a diverse range of actions and may include both direct communication with the victim and the use of cyberspace technologies. A rapid development of modern digital technologies leads to a wide variety of complex stalking behavior patterns that makes it complicated to generate an adequate legal response to this phenomenon. The results of a public survey conducted by a research group from the Law Institute of the Centre for Social Sciences in 2021 show that the rates of stalking in Lithuania are comparable to those reported in foreign studies as 17.5% of Lithuanian population have experienced stalking at least once during their lifetime. Stalking by the current or former intimate partner was the most prevalent stalking category, as it comprised nearly 39% of all stalking cases in the state. The article also covers some aspect of court practices in stalking-related cases during the period from 2016 to 2020, before anti-stalking legislation was introduced in Lithuania. By year 2021, when stalking was criminalized in Lithuania, 23 European Union member countries have managed to develop criminal anti-stalking legislation. Another aim of this article is to discuss the way criminal anti-stalking legislation was introduced in Lithuania and compare Lithuanian approach to the legal provisions enacted in other countries. Authors conclude that although the introduction of criminal anti-stalking legislation in Lithuania was an important step towards ensuring victims’ safety, it still may possibly lead to some practical issues during the criminal investigation of stalking cases.
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Grigorescu, Paul. "Legislative aspects at national and international level regarding the exploitation of gold-silver deposits." MATEC Web of Conferences 373 (2022): 00062. http://dx.doi.org/10.1051/matecconf/202237300062.
Full textAbstract:
In Romania, mining is a historical, traditional occupation, attested since antiquity, when the Romans came here to extract gold and other base metals from the underground mines in our mountains. The exploitation of gold and silver deposits is still important for the economic and social development of the country. Generally, these ores are essential for modern life, so their exploitation must be regulated so as to respond effectively to these needs. Legislation in this field has an important role in promoting and supporting the exploitation of gold and silver deposits. Nationally, the mining activity is regulated by the Mining Law no. 85/2003, a law which, from my point of view, does not effectively ensure the mechanisms on the basis of which the capitalization of mineral resources should be done as smoothly as possible. At European Union level, the legislation contains a wide range of obligations and rights regarding the mining of natural resources and deposits, which the competent public authorities in the Member States must enforce. In countries with tradition in the field of gold-silver mining, the laws referring to the extractive sectors are developed in accordance with the interests of the citizens. This system provides sufficient opportunities for civil society participation in decision-making. This paper identifies the main legislative aspects that can be improved to create a fair legal framework for the exploitation and capitalization of precious metal deposits in Romania.