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1
Ferrari, Giuseppe Franco. "La complessitŕ dei mercati energetici e la necessitŕ di una regolazione multilivello." ECONOMICS AND POLICY OF ENERGY AND THE ENVIRONMENT, no. 3 (July 2009): 121–52. http://dx.doi.org/10.3280/efe2008-003006.
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- The energy markets are very complex, because, on the one hand, they imply several different activities and, on the other hand, they involve various levels of govern- 183 ment. The energy market is divided indeed in different segments: supply (generation or purchasing), transmission, distribution and sale, which are allocated at different levels of government, from the international and European level (with reference to the security of energy supply), to the local level (with specific regard to the distribution and sale). This complexity makes the energy sector particularly critical, under the pressure of political interests and economical needs. Another sensitive point is linked with the environmental protection, since the consumption of energy is one of the most polluting human activities, and the demand of energy is growing up together with the economical growth of the developing Countries. This problem is increasingly discussed at the international level, with reference to the climate change issue, in order to plan a sustainable development for the whole globe: because of it, the Kyoto Protocol was issued within the United Nation Framework Convention on Climate Change. It establishes legally binding commitments for the reduction of four greenhouse gases for all the 183 ratifying Countries, according the principle of common but differentiated responsibilities, and provides for the promotion of renewable energy. The European Union ratified the Protocol implementing the relative obligations through, for instance, the creation of the EU Emissions Trading Scheme (ETS). The European Union most of all addressed the competitive issue, since the 70s, in order to achieve the result to create a free energy market in Europe. The last results of the European energy policy were the directives on electricity and natural gas in 2004, that imposed the complete opening of the energy markets in almost all the European Countries (with few exceptions). The implementation of the European directives requires the intervention of the national level, since each Country has to modify its own regulatory framework, in order to comply with the directives. Everywhere in Europe, this process faces with several difficulties, but it is particularly hard in Italy, since the energy sector is traditionally public owned. Indeed, in our Country, the privatization and liberalization processes are strictly linked to another trend: the decentralization of legislative and administrative powers from the State to the Regions and Local Communities. Thus it is evident that the global governance of the energy sector, for its complexity and its sensibility, can only derive from a network of interventions by several levels of government, and different international, national and local actors, which realize a typical case of multilevel governance.Key words: Energy markets, competition, sustainable development, multilevel governance.JEL classifications: K21, K23.Parole chiave: Mercato energetico, concorrenza, sviluppo sostenibile, multilevel Governance.
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Lychenko, Iryna, Natalia Lesko, Nataliia Pavliuk, Zoryana Dobosh, and Rostyslav Bundz. "Legislative Support Standards in the European Union in the Field of Building a System of Local Self-Government." Cuestiones Políticas 41, no. 77 (May 28, 2023): 285–97. http://dx.doi.org/10.46398/cuestpol.4177.19.
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Through a documentary research design that combined induction and deduction, comparison and systematization, synthesis and analysis with abstract-logical thinking. The main objective of the study was to identify the key aspects of the legislative support rules in the countries of the European Union, in the field of building a system of local self-government. The European Union during the history of its existence has developed a set of rules on which the systems of local self-government of member states and applicants for this status are built. The complexity and importance of legislative regulation of the functioning of this system is evidenced by the fact that the legislation and principles of international law used by the union in the field of local self-government are among the "youngest". It is concluded that this is due to the role of local self-government in the development of a democratic political system, as well as the search for an optimal balance between centralization and decentralization. As a result of the study, current trends and prerequisites for legislative support standards in European Union countries were investigated.
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Yaroshenko, Oleg, Nataliia Melnychuk, Sergiy Moroz, Olena Havrylova, and Yelyzaveta Yaryhina. "Features of Remote Work in Ukraine and the European Union: Comparative Legal Aspect." Hasanuddin Law Review 7, no. 3 (December 1, 2021): 136. http://dx.doi.org/10.20956/halrev.v7i3.3218.
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The relevance of the study is based on the development of scientific and technological progress and the expansion of the labor market, including in the framework of international cooperation. Moreover, the introduction of quarantine due to the spread of Covid-19 has led to increased attention to remote work. The aim of the study is to analyze the legal aspects of remote work in accordance with the labor legislation of Ukraine and the European Union, focusing on the concept of remote work, the rights and obligations of remote workers. In our study, we determined that in the European Union, the key points in relation to the rights granted to teleworkers, which the countries parties to the agreement have undertaken to incorporate into their national legislation and collective agreements, are data protection; the voluntary nature of telecommuting; equipment; organization of working time; privacy. The originality of the study is based on more effective ways to improve labor productivity in Ukraine, labor discipline, compliance with labor guarantees for remote work. It is necessary to revise and legislatively regulate the key principles of compliance by employees with labor discipline, providing the employee with proper working conditions, supporting the employer in search of new opportunities to provide employees with work, improving the technical aspects of ensuring the relationship between business and government, responsibility for results and the labor process.
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Kowalewska, Ewa, and Marcin Burzec. "Tax Incentives for Food Donations – a General Overview." Review of European and Comparative Law 50, no. 3 (September 9, 2022): 7–24. http://dx.doi.org/10.31743/recl.14145.
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The study analyses tax law regulations in force in Poland and in selected European Union countries which may influence attitudes of entrepreneurs (taxpayers) in taking actions aimed at preventing food waste. This analysis demonstrates that all countries investigated in this study have made attempts to develop and implement various measures to combat the problem of food waste. At the same time, it is worth noting that properly constructed tax preferences are an important factor in preventing food waste, which is part of the sustainable development strategy implemented by European Union countries. In this respect, actions must be long-term and they should be based on various legal measures. Further changes in this area will be determined by some key factors. These include the need to use tax law regulations or to determine economic and social trends. Directions of activities of the state, local government and non-governmental organizations for counteracting food waste will also set course for these changes. Achieving sustainable development also at the stage of using food already produced should be based on optimization of all related processes, and thus also financial (mainly tax) processes. Therefore, attention should be paid in particular to the tax legislation in force in Poland and in selected European Union countries, i.e. the Act on tax on goods and services and the Act on corporate income tax.
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Liasota, Alina, Yuliia Kobets, Kateryna Dobkina, Valentyna Yakubina, and Vadim Penyuk. "Implementation of an effective system for monitoring the application of gender equality policy: Experience from European Union countries." Cuestiones Políticas 41, no. 77 (May 28, 2023): 184–204. http://dx.doi.org/10.46398/cuestpol.4177.13.
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The European Union has been pursuing the policy aimed at achieving equality between women and men for a long time. The adoption of the Law "On Ensuring Equal Rights and Opportunities for Women and Men" is an important step forward. However, the aspects of the control of compliance with the legislation in the field of gender policy remain poorly advanced and need to be adapted following the experience of developed European countries. The aim of this article was to outline the legislative mechanism for ensuring equal rights and opportunities for women and men, and to compare it with European legislative experience and practice. During the research, the methods of analysis and synthesis, deduction and induction and comparative analysis were used. As a result of the research, the mechanism for ensuring equal rights and opportunities in Ukraine was determined; the bodies, institutions and organizations empowered in the specified area were described along with the main aspects of gender equality legislation in Ukraine. It is concluded that government officials can use the results obtained during the research to improve some legislative aspects of control over gender policy implementation.
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Kovalenko, I. A. "Analysis of the harmonization of contract law Ukraine with the law of the European Union." Uzhhorod National University Herald. Series: Law 1, no. 78 (August 28, 2023): 181–85. http://dx.doi.org/10.24144/2307-3322.2023.78.1.29.
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The introduction of European norms into national legislation can cause certain problems and disagreements.The reasons that can lead to such disagreements, which are mentioned in the statement of the problem, are primarily cultural and historical differences. Countries have their own cultural and historical characteristics that affect their legal systems. European norms may not always take these differences into account, which may lead to differences in the interpretation and application of the law.The reason is the needs and peculiarities of the national economy, because each country has its own economic structure and needs. European norms may not take into account the specifics of the national economy, which may lead to disagreements and cause difficulties in the implementation of certain provisions.European norms may be formulated ambiguously or leave certain aspects uncertain. This can lead to differences in the interpretation and application of the law, as well as to different approaches in court decisions, which is legal ambiguity.Time constraints and the accelerated process of harmonization are also one of the reasons due to differences between Ukrainian and European law. The implementation of European norms can take place at a fast pace, which can make it difficult to adapt and ensure full compliance with national legislation. This can lead to ambiguities and inappropriateness in the legal system.And integration with European law can create challenges in ensuring a unified mechanism for control and dispute resolution. Differences in the interpretation and application of European norms can create problems in resolving disputes between the parties. Therefore, the lack of a single control mechanism is also a reason.Ukrainian contract law needs legislative adaptation. After all, the implementation of European norms requires significant changes in national legislation. This can cause difficulties and require time and resources to implement the necessary reforms.One of the reasons is the lack of full compliance. Ukraine may have difficulties in achieving full compliance with European norms due to various factors, such as backwardness in the development of the legal system, corruption, insufficient legal culture, etc. This can lead to unresolved issues and disagreements with European law.The next reason is the implementation of requirements and standards. Harmonization of contract law with European norms requires the introduction of new requirements and standards. This can be a challenge for government bodies, lawyers, courts and other participants of the legal system, who must familiarize themselves with the new rules, acquire the necessary skills and abilities to apply them.Harmonization of contract law to European standards may also require significant financial costs. This is due to the need for reforms, training of specialists, development and implementation of new laws and legal instruments. The government and other stakeholders must commit sufficient resources to ensure successful harmonization, which is a challenge.The reason for the discrepancy between domestic and European law is the interaction with other branches of law. Harmonization of contract law can affect other areas of law, such as economic, civil and labor law.Changes in one area may necessitate changes in the corresponding areas, which may cause complications and disagreements in their interaction.Harmonization of contract law requires broad public support and involvement. This means the need to inform citizens, businesses and other interested parties about the changes, hold consultations and take into account their opinions and suggestions. Support and involvement of society is needed. Despite these challenges, the harmonization of contract law of Ukraine with European law remains important and necessary. This will contribute to the creation of a single legal space, increased protection of the rights of citizens and enterprises, development of trade and investments, and improvement of justice.However, it is important to take into account the specificities and needs of the country when implementing European norms, ensuring a balance between global standards and national realities.
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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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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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Марку, Жерар, and Zherar Marku. "THE LAW AND LAW-MAKING IN FRANCE." Journal of Foreign Legislation and Comparative Law 1, no. 4 (October 29, 2015): 0. http://dx.doi.org/10.12737/14262.
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The article deals with the relation of the law and departmental law-making in France according on three types: the unity, “spreading”, the openness of the law-making process. The first view of the law-making in France is the unity in the framework of which the question of ensuring the unity of the European Union is developed. Particular attention is paid to the government’s management of the legislative process, the government authority to issue by-laws, the procedure of drafting legislation and decrees of general importance. The second type of realization of law-making in France — outside the Government activity law-making — “spreading”. The impact on the performance of law-making is revealed, new sources of law-making such as acts of European Union are marked, independent state bodies, local self-government. Particular attention is paid to such new phenomena as the legal normativity soft law (“soft law”, “droit souple”). Regarding the third kind of the law-making — the openness — it is noted that the process of law-making is not limited to the relationship between the Government and the Parliament, and all sectors of society and interest groups are involved in that process. It is noted that the amendment to the Constitution, adopted in 2008, resulted in a significant reform of the legislative production. When writing this article except for general scientific research methods (analysis and synthesis), the author has used the formal-logical, theoretical, systematic legal, historical and comparative law. Scientific novelty of the work lies in the comprehensive and systematic approach to the study of the relation of the law and guided-governmental lawmaking in France, which is conducted in three species. Analysis of the development of the main types of law-making in France and law inforcement practice at the present stage is of great scientific and practical importance. The research results can be taken into account in the development of proposals for the implementation in the Russian Federation of new approaches in law-making, adequate to modern socio — economic development of the country, relevant to the international-legal standards and the experience of foreign countries.
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Gudz, Liudmyla. "Local referendums in the European Union and Ukraine: comparative characteristics." 33, no. 33 (June 28, 2022): 44–51. http://dx.doi.org/10.26565/2075-1834-2022-33-04.
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Introduction. The article formulates proposals to improve the effectiveness of legal regulation of the institute of local referendum and involvement of citizens in the implementation of local self-government on the basis of comparative legal analysis of the legal regulation of local referendum in the European Union and Ukraine. Summary of the main research results. In EU countries, unlike national referendums, local referendums are held on the territory of a subject of the federation, autonomous entity, or administrative-territorial unit. Such referendums address issues of local importance. The procedure for legislative consolidation of the local referendum in the EU countries is possible at three levels: constitutional, national legislation, and local. In Ukraine, the normative regulation of local referendums is carried out at two levels: constitutional and legislative levels. Currently, holding local referendums in Ukraine is impossible due to the lack of a special law in this area. The main types of referendums are characterized. Conclusions. As a result of the analysis, it is proposed that in order to improve the effectiveness of legal regulation of the institute of the local referendum and eliminate the "legal vacuum" in this area, it is necessary to adopt a separate Law "On Local Referendum". Draft Law No. 5512 "On Local Referendum", which was registered in the Parliament on May 19, 2021, needs to be improved, namely, to regulate the possibility of holding a local referendum both at the municipal (local) level and at the regional level, that is, at the level of the region, district and the Autonomous Republic of Crimea to address issues of common interest to these communities; not all local referendums should be mandatory; the division of local referendums into mandatory and consultative ones may depend on the quorum of participation, for example, if the turnout is 50% percent or more - mandatory, consultative - if the turnout is less than 50%; to solve the problem of financing local referendums, to provide a mechanism for partial compensation of expenses from the state budget
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Horodyskyy, Ivan, Andriy Borko, and Mariia Sirotkina. "ADAPTATION OF UKRAINIAN CORPORATE LEGISLATION TO EUROPEAN STANDARDS." Baltic Journal of Economic Studies 7, no. 3 (June 25, 2021): 56–64. http://dx.doi.org/10.30525/2256-0742/2021-7-3-56-64.
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Defining the European vector of development of Ukraine in the model of international cooperation as a priority involves the use of European standards in the field of law. This is impossible without careful adaptation work to bring the domestic legal system in line with the system that exists in the countries of the European Union. Recent changes in legislation have been long-awaited and have been a breakthrough in the corporate and financial sectors. The authors aim to carry out a comprehensive analysis of Ukrainian corporate law by comparing the political governance of Eastern Europe, economic and political aspects of the current situation, problems of corporate governance and ways to solve them, and the current stages of adaptation of corporate law in its transformation to the EU’s norms. In February 2018, the European Commission proposed to consider 2025 a possible date for the accession of Serbia and Montenegro, which means recognizing these countries as the first league in the Balkans, even in case the EU Council does not approve this date. The second league was set by the Council in June 2018, when 2019 was marked as a possible conditional date for the opening of accession negotiations with Albania and Macedonia. While the third league is for the accession of Bosnia and Kosovo, for which no date has been set. Negotiations with Turkey have been suspended. For comparison, if we take into account both political and economic indicators, Ukraine is approximately equal to the Balkan states of the second league. The prospect of EU membership has been recognized as the strongest external factor in domestic political change in the countries surrounding the EU. In accordance with the requirements of the Association Agreement with the EU on corporate law (EU Directives No. 2001/34/EC, No. 2003/71/EC, No. 2004/109/EC, No. 2007/14/EC, No. 2007/36/EC, No. 2012/30/ ЕС, No. 2013/34/ЕС, Recommendations of the European Commission No. 2005/162/ЕС and No. 2004/913/ЕС) the Law of Ukraine No. 2210-VIII, the Law of Ukraine “On Limited Liability and Additional Liability Companies” dated February 06, 2018 No. 2275-VIII, amendments to the Laws of Ukraine №514-VI, “On Securities and Stock Market”, “On Business Associations”, the Economic Code of Ukraine, the Civil Code of Ukraine, the Criminal Procedural Code of Ukraine and other laws were made and came into force on July 1, 2021 in the Law of Ukraine No. 738-IX. European integration transformation of Ukrainian legislation in the context of protection of shareholders’ rights was manifested through the implementation of Directive 2004/25/EC in the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning the Simplification of Doing Business and Attracting Investments by Issuers of Securities” dated March 23, 2017 No. 1983-VIII and the Law of Ukraine No. 514-VI. Ukraine’s economy has not yet recovered from the negative effects of the global financial crisis of 2008, the political coup, the national crisis of 2015, the current crisis caused by the COVID-19 pandemic. This situation shows declining dynamics, and changes in Ukrainian legislation are offset, not showing real effect. The harmonization of Ukrainian legislation is complicated by the unwillingness of Ukraine’s business environment to comply with EU rules. Analyzing the activities of the JSC, the dynamics of the securities market, stock market and the transformation of Ukrainian legislation, the initiatives of certain branches of government, we can say that Ukraine is moving in the right direction but not fast enough and forms a country with a real market economy. Therefore, we can conclude that the adaptation of Ukrainian corporate law to EU legislation should be carried out not only in relation to existing EU directives but in accordance with general trends and prospects for the development of European corporate law.
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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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Riznyk, V. "POLITICAL ADVERTISING: SOME ISSUES OF LEGAL SUPPORT." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 109 (2019): 22–26. http://dx.doi.org/10.17721/1728-2195/2019/1.109-5.
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The article examines some issues of legal support of political advertising during the process of election, but is not limited to it, as well as how they affect the outcome of elections. In this study comparative, observation, dynamical analogies, analysis methods are used. The author compares the current legislation of Ukraine and the legislation of a number of other European countries and identifies their common and distinctive features. Special attention is given to the political advertising law of Poland, as its closest neighbour. Also, the legislation of France, Germany and Great Britain is examined. The article underlines their main differences. Partial and systematic violations of advertising legislation during the electoral process and during the period between the elections are also identified. The article also shows that the issue in question is not fully studied by legal scientists. The research, in particular, emphasises on the lack of comprehensive definition of political advertising and its legal regulation during the period between the elections. The article draws attention to the incorrectness in law legal regulation of political advertising by the laws regulating commercial advertising. The legal acts, that influence the results of elections are specified, in particular, the author pays attention to the state budget funding for political parties. Reducing Government expenditure can preserve the principle of absolute equality among political actors, so they could participate constructively in the elections. The best thing to do considering the circumstances is to adopt a new law on political advertising or to to amend the existing Act, that regulates advertising in general. As a result, it is proved that political advertising is not limited to the electoral process and must be governed by legislation. The article also states that any law in this area also should comply with international law, especially with acts adopted by the European Union.
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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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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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Izhaev, O. А., and D. L. Kuteynikov. "Legal regulation of the procedure for providing restricted access information contained in government information systems to third parties: the experience of foreign countries." Courier of Kutafin Moscow State Law University (MSAL)), no. 12 (February 18, 2023): 164–73. http://dx.doi.org/10.17803/2311-5998.2022.100.12.164-173.
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The article is devoted to the research of foreign experience of the legal regulation of the procedure of providing restricted access information contained in state information systems to third parties.It is pointed out that in the European Union the law prohibits the disclosure of confidential information contained in the information system for monitoring the circulation of goods. In addition, in the EU it is not allowed to provide commercial services to third parties on the basis of data collected in the system from participants in the circulation of such goods According to the U. S. approach, information from government databases may be transferred to third parties at fixed tariffs, but this information must not be confidential. In the Republic of Turkey the legislation does not provide for the possibility of transferring restricted access information to third parties.It is shown that the legal approaches of the Republic of Kazakhstan and the Republic of Uzbekistan have a similarity. The legal acts of both countries regulating the functioning of certain government information systems do not provide for the possibility of transferring restricted access information to third parties from them. Regarding the Republic of Belarus, it is concluded that in this country restricted access information from government information systems cannot be provided to third parties on the basis of the provisions of the legislation.
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Hachkevych, Andrii. "Tools for adaptating Ukraine’s artificial intelligence ecosystem to meet European Union standards." Law and innovative society, no. 1 (22) (June 16, 2024): 21–31. http://dx.doi.org/10.37772/2309-9275-2024-1(22)-2.
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This article delves into the preparation of Ukraine’s AI industry for the adoption of EU standards. The author evaluates six tools outlined in the 2023 Roadmap for the Regulation of AI in Ukraine and their potential application within the AI ecosystem. They are designed to foster the advancement of AI technologies in Ukraine while ensuring compliance with EU standards. It is imperative for government authorities to establish favorable conditions to facilitate the seamless integration of the EU AI Law in the future. The research demonstrates the auxiliary measures that can be employed to synchronize the Ukrainian legislation with the advancement of AI ecosystem. These adaptation tools also play a pivotal role in driving the industry’s growth. This discussion pertains to realizing the scientific, technical, and socio-economic potential of Ukraine’s information and communication technology sphere. The article discusses the significance of regulatory sandboxes and outlines methodologies for testing AI technologies and systems. It defines the tasks of labeling input data for machine learning and output data for generative AI, as well as labeling the AI systems themselves. The author explains the drafting of atypical acts within the EU legal system, such as white papers and codes of conduct, for adaptation. The article provides examples of instructions and recommendations for industry development in compliance with the EU AI Act standards. Furthermore, the author summarizes the role of each tool and suggests expanding the Roadmap to include software for developing and AI educational courses. The study contributes to the ongoing public debate on whether Ukraine requires an AI strategy alongside a government concept. It also includes examples of how the researched tools have been implemented in leading countries such as Canada, Great Britain, Japan, Singapore, the USA. Additionally, it showcases international initiatives within the G7 framework (International Code of Conduct for Organizations Developing Advanced AI Systems) and the Council of Europe (HUDERIA).
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Osmanaj (Shyti), Enejda. "Copyright Protection in Albania – A Brief Historical Overview." European Journal of Social Sciences Education and Research 3, no. 1 (April 30, 2015): 8. http://dx.doi.org/10.26417/ejser.v3i1.p8-17.
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Human creativity flourishes in a suitable environment, which is provided by the existence of an efficient legal system of copyright protection. In general, copyright is protected on national basis therefore the scope of protection and the requirements that must be met to ensure the protection of works and creations, differ from one country to another. Albania has its own legislation for copyright protection, as most of European countries. This paper is a historical overview of copyright legislation development in Albania. History has undeniable impact in a country's legislation. So, Albanian copyright legislation has been changed and improved from stages to stages. Copyright has found protection in Albania’s legislation, initially during the time of King Zog’s Ist (1925-1939) Reign. The Civil Code (1929) marks the first strands of copyright protection in Albania. This Code is referred to the best European legislations of the time. During the communist regime private intellectual creations and works could not be privately owned. The copyright belonged to the state. The government and the totalitarian Albanian state of that time decided to reproduce the work, or allow translation into foreign languages as well as the creation of derivative works. The Civil Code of the Republic of Albania (1981) came into force with new provisions that provided recognition and protection of copyright. After the collapse of the communism the recognition of private property was re-appeared. The authors and creators became owners of their works/performances. Firstly, Albanian Parliament adopted the law no. 7564, dated 19.05.1992 “On copyright”. Thirteen years later, the parliament enacted the Law no. 9380, dated 28.04.2005 “On copyright and other rights related to” that incorporated the provisions of the European Union Directives on Copyright Protection. Currently, the protection of copyright is provided even through some provisions of other legal acts, such as: Constitution of the Republic of Albania (1998), law no.7961/1995 “On the Labor Code of the Republic of Albania” (amended), Law no. 7895 /1995 “Criminal Code of the Republic of Albania” (amended), Law no. 7859 /1994 “On the Civil Code of the Republic of Albania” (amended) etc. In addition to the national legislation, Albania has ratified a number of international acts, which intend to protect copyright etc.
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Rudenko, O. V., and O. R. Vaitsekhovska. "Peculiarities of regulation of various types of non-contractual obligations in the field of international private law." Uzhhorod National University Herald. Series: Law 1, no. 82 (May 16, 2024): 305–10. http://dx.doi.org/10.24144/2307-3322.2024.82.1.48.
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The article reveals certain types of non-contractual obligations (NCO) in the field of private international law (PIL). The common features and differences between certain types of NCO in Ukraine and other countries of the Romano-Germanic legal family through the usage of the comparative legal method are described. The article reveals such types of obligations in PIL as: tort/delict obligations; obligations arising out of unjust enrichment; obligations arising out of damage caused by a product, work, service; culpa in contrahendo; negotiorum gestio. The article substantiates that NCO arise, first of all, between persons who are not in a contractual relationship, or between persons who are bound by a contract, but the damage is not caused in connection with a violation of contractual obligations. The article reveals the main provisions of conflict regulation of NCO. The issue of refusal to use the general collision binding of the place of harm (lex loci delicti commissi) is being studied. Nowadays, instead of that collision binding, which was originally used for each type of non-contractual obligation, several alternative collision bindings are used. In addition to the law of the place where the tort was committed, the article also reveals the features of using such collision bindings as the citizenship of the parties or the place of residence of the parties of the legal relationship, the place of release of the goods, the place of registration of the vehicle, etc. The article highlights some aspects of the recent reform of civil legislation and PIL, in particular. The root cause of the reform and renewal of domestic legislation in various areas, which is caused by the European integration processes taking place in Ukraine in recent years, is revealed. The article substantiates the active recodification of civil legislation introduced by the Government of Ukraine, aimed at eliminating certain shortcomings and contradictions in national civil legislation and harmonizing it with the legislation of the European Union. The article places special emphasis on the need to update national legislation and bring it into line with European standards for democratization and liberalization of all spheres of life.
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Zečević, Slobodan. "Contribution to discussions about existence of the constitutional law of the European Union." Arhiv za pravne i drustvene nauke 11, no. 1 (2023): 9–27. http://dx.doi.org/10.5937/adpn2301009z.
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In relation to the topic, the formal absence of a legal text called the constitution of the European Union is noticeable. Simple logic dictates the conclusion that in absence of European constitution, there is no constitutional law of the European Union. However, the reality is much more complex than it seems. The United Kingdom, for example, does not have a written act called a constitution, but instead several constitutional contents whose sources are in laws, legal practice and so-called constitutional customs. Germany also formally does not have a constitution, but a Fundamental Law that pursue a constitutional role. The term is not apparently so important but the status of the text. The constitution is a set of norms that are supreme, stable and difficult to change. It accords competences to the state bodies and guarantee essential civil rights and freedoms. The relevant question in this case is the existence of constitution and constitutional law of the European Union, not in a formal, but in an essential sense. The European Union does not have the characteristics of a unitary, but could it be considering as a federal state? In political-legal theory, opinions appeared that such a thing is impossible for the following reasons. As an example of the emergence of a federal state, the history of the United States of America is cited. According to the constitution of 1878, the US received competences in foreign affairs, defense, monetary policy, as well as in the field of protection of fundamental rights and freedoms. The European Union rested on the process of federalization in the economic area. The treaties establishing the Community and the Union have merged the national markets of the member states into one. Originally the European Communities did not have powers in foreign affairs, defense, security and justice. Only in 1993, with the Maastricht Treaty, the newly created European Union get the possibility to take decisions in the aforementioned areas, but even then federal mechanisms were not applied. The rule was unanimous decisions of represents of member states government reassemble in the Council of EU. The state sovereignty was preserved. For the obvious lack of authority at the supranational level, the European Union cannot currently be considered as a classic federal state. However, it can be observed as a sort of federal community, which was originally intended to evolves into something more than that. In a historical sense, this situation in itself is not new. It also appeared in the 19th century with the so-called emerging federal states such as the United States of America, the Swiss Confederation, Germany, Canada or Australia. However, the European Union is a permanent political-legal structure that has certain attributes of a federal state. The notion of a federal community, allows to take into account the essential role of the member states in such system of integration. The federal community as a permanent entity, rests on the contractual relationship that defines the common goals of its members. The aforementioned goals in practice change the internal conditions in the member states, but also their global political status. Several indications point to the federal nature of the European Union. The use of the term Union is not harmless. The founding fathers of the US Constitution of 1878, called their new created federal state Union in order to mark the difference with the previously existing Confederacy. The inspires of the European Union in the constitutive treaty emphasize that its main goal is to constantly create closer ties between European nations. This sentence indirectly indicates a strong, integrative, federal dynamic. In its legal practice, the Court of Justice does not ignore the initial international nature of constitutive treaties, but points to the following. The treaties establishing the Communities and the European Union represent the basis of an independent, hierarchically organized legal order, the kind that states have. As the highest legal act and source of law, they have a constitutional function. The law of the European Union is directly integrated into the law order of the member states and has primacy in relation with the national law. The legislative acts of European derivative law (regulations, directives, decisions) cannot contradict the provisions of the founding treaties. Like the Supreme Court in a federal state, the Court of Justice of the European Union control the compliance of legislative acts with constitutive treaties. The same principle applies in the field of international relations. An international agreement concluded by the European Union or its member states must be in accordance with the provisions of the founding treaties. Their constitutionality is checked by the Court of Justice. The Lisbon Treaty gave the European Union another federal distinction. It recognizes to the European Union a possession of legal personality, which means a full legal capacity to conclude international agreements with other countries and international organizations. The division of competences between the federal state and its members is for many the essence of the federalist legal order. The parallel existence of two levels of government imposes the need to clearly demarcate the fields of action of one and other authorities. In 2009 the Treaty of Lisbon established a principled delimitation of European and national competences. This is another step in the direction of federal legal regulation. The existence of European citizenship gives to the European Union one more federal characteristics. European citizens acquire rights and obligations parallel to those related to national citizenship. Opponents of such a solution were those who believed that the Union represents only an international organization. The founding treaties assign competences to the institutions of the Union, as well as guarantee basic human rights and freedoms. The legislation of the European Union determines the functioning of the member states and in many areas directly or indirectly governs the life of their citizens. Treaties establishing the European Union have in practice a constitutional role and value.
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Naturkach, R. P. "Purpose of the monetary policy of the central banks of the EU participating countries." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 61–64. http://dx.doi.org/10.24144/2307-3322.2021.65.10.
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The scientific article is devoted to the study of the purpose of monetary policy of the central banks of the EU member states. The legislation of the European Union, the member states of the European Union (Germany, France, Poland, the Czech Republic, Spain), as well as the United Kingdom, which left the EU, modern approaches in the science of constitutional and administrative law to determine the monetary policy of central banks EU members. The concept of the purpose of the monetary policy of the Central Banks of the EU member states, the activities and instruments of monetary policy, the functions of the central bank of the EU member state are distinguished. Emphasis is placed on the following regulatory functions of central banks that exist in legal doctrine: 1) management of aggregate money turnover; 2) regulation of the monetary sphere; 3) regulation of supply and demand for credit. The focus is on the fact that the central banks of the EU member states support purchasing power, as well as on the well-known fact: inflation - the slope of financial policy is recognized in economic theory as the most effective. Ensuring the stability of the currency (conducting open market operations or establishing exchange rate policies or reserve requirements, etc.) is a function of the central bank of the state, not the purpose of its activities. The stability of the national unit is also a function of the central bank of the state. It is established that the main purpose of the monetary policy of the central banks of the EU member states is to ensure price stability. In addition, it is argued that this is the inflationary - inclination of financial policy is the most effective. Accounting policy, interest rate policy, regulation of reserve requirements, money supply, open market operations and credit operations, interest rates, reserve requirements of banks are the activities and instruments of monetary policy of central banks. members of the EU, not the purpose of monetary policy.
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Bartkó, Róbert, and Ferenc Sántha. "Crimes against the border barrier in Hungary – Effective tools in the fight against irregular migration?" Jog, állam, politika 15, no. 4 (2023): 23–42. http://dx.doi.org/10.58528/jap.2023.15-4.23.
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Migration, or irregular migration is not a recent phenomenon. It has been present in our world for a long time and has historically posed challenges for countries affected by immigration. Keeping immigration under control has also been an important issue for the European Union since its beginnings. However, the situation has changed significantly in 2014 and 2015. The wave of migration that hit Hungary in 2015 marked the beginning of a new era in the history of migration in Europe and in Hungary, both in terms of quality and scale. In response, the Hungarian government formulated a package of measures consisting of several points. The first step was the construction of the temporary security border (also known in the literature as the “physical border barrier”), and the second was the adoption of Act CXL of 2015 by the Hungarian Parliament, which created the legal background for the management of mass immigration (the “legal border closure”). As the Hungarian solution was a unique one in the European Union in our paper we have to examine first the legality of constructing the border barrier. Once the test of legality has been met – as the second step – we turn to the presentation of the Hungarian substantive criminal law and its analysis. Finally, we evaluate the Hungarian legislation in the light of the principle of legality and from the perspective of symbolic criminal legislation. To support our arguments we also use criminal statistics provided by the Hungarian Prosecutor General’s Office for our research.
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Литвин, І. І. "SYSTEM OF CONTROL OVER THE ENTITIES PROVIDING EDUCATIONAL SERVICES IN FOREIGN COUNTRIES." Juridical science, no. 3(105) (March 30, 2020): 203–10. http://dx.doi.org/10.32844/2222-5374-2020-105-3.26.
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The study discusses the general principles of building the education system in some foreign countries that are part of the European Union and are allied to Ukraine, were from the Soviet camp and faced similar problems for Ukraine to reform their own state institutions and national legislation (Poland and Estonia), as well as the relevant legal framework. It is noted that Poland began to reform the education system in the 1990s, where the general trend in the management and control of educational institutions is decentralization and increasing the autonomy of the latter. It is emphasized that during 1990-1999, not only at the level of legislation, but de facto local governments began to play a major role in the change and control of secondary education. It is indicated that the main laws regulating the functioning of secondary education are the Laws "On the Education System" of 1991 and the Law "On Education" of 2016. The provisions of the Law "On Education" of 2016 are highlighted, the main links of the Polish secondary education system are revealed. In accordance with the provisions of this Law, the powers of the Minister in the implementation of state policy in the field of secondary education, coordination and control in which aspects are indicated. The role and powers of the curator of education as a special official in exercising control over institutions providing secondary education services in the voivodship are disclosed on the basis of the said Law, it is noted that control over the activities of such institutions. The content of the concept of pedagogical supervision and the role and place in it of the Minister of Education and Science as a representative of the central government, curators of education and school management are revealed. The norms of the Law "On Higher Education and Science" of 2018, which contains norms on the control of higher education institutions in Poland, are covered. The basic administrative and legal bases for the control of education in Estonia in accordance with Estonian national law are also defined.
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Shaari, SC, and SR Amirul. "Flexible Working Arrangements (FWAs) in Malaysia: The Missing Component of the Right to Disconnect." IOP Conference Series: Earth and Environmental Science 1181, no. 1 (May 1, 2023): 012013. http://dx.doi.org/10.1088/1755-1315/1181/1/012013.
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Abstract Flexible Working Arrangements (FWAs), particularly working from home, are important to maintain a better work-life balance. The government of Malaysia has recently amended the Employment Act 1955 (Act 266) by incorporating the right of the employees to request for FWAs. However, the authors submit that the policymakers should have incorporated the right to disconnect (RTD) in the recent amendment. Thus, it is the objective of this article to explore the provisions of RTD as recently accepted in France and a few European Union (EU) countries; and the possibility of introducing the RTD into Malaysian legislation. In accomplishing the aim of this article, a doctrinal legal research methodology is deployed. It is submitted here that despite incorporating the FWAs in the Employment Act 1955, the policymakers should have embedded RTD as well. Otherwise, the employees’ work-life balance is at stake. It is concluded that man-made law is not sacrosanct. It must be modified over time to suit the changes in society. The findings will help in advancing the existing body of knowledge and give some ideas to the policymakers, especially the officers at the Ministry of Human Resources and the trade union officials.
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Rokityanskii, Sergei G. "Supervisory bodies in the systems of power in Russia and certain foreign countries: Comparative analysis." RUDN Journal of Law 28, no. 2 (June 11, 2024): 297–315. http://dx.doi.org/10.22363/2313-2337-2024-28-2-297-315.
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The significance of law enforcement cannot be understated in any state, and diverse models and traditions of law enforcement have evolved within different legal sustems. The status of the Procuracy in the Russian Empire, the Soviet Union and modern Russia, has been consistently characterized by its own independent power for supervising legality, including the actions of government officials. This contrasts with the European and Anglo-American legal systems where the concept of “general supervision” is not present and prosecutors do not possess equivalent powers. In the socialist model of China, an independent system of supervisory bodies has been established separately from the procurator’s office to oversee the activities of government officials. Each model exhibits distinct ontological, structural and organizational features, and a comparative analysis of their accumulated experiences facilitates the identification of their respective advantages and disadvantages, underscoring the relevance of this study. The research aimes to identify and analyze the commonalities and differences among four organizational models for ensuring the rule of law. Notably, the empirical basis for comparing supervisory authorities emphasises the state superiority function, irrespective of the body responsible for its execution (functional approach), rather than external similarities such as the name "prosecutor's office" or "prosecutor". The study draws from authentic legal texts, regulations, authoritative doctrinal commentaries, relevant judicial practices, and official interpretations of foreign legislation. The outcomes of the research lead to informed conclusions regarding the distinctiveness of the Russian model of the Procuracy, which incorporates several advantages from each foreign model, complements them with its own features and is thus capable of embracing positive experiences, regardless of their origins, to effectively filfill its mission.
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Kholyavitska, K. S. "Foreign experience of decentralization of power and prospects for Ukraine." Collected Works of Uman National University of Horticulture 2, no. 99 (December 22, 2021): 94–103. http://dx.doi.org/10.31395/2415-8240-2021-99-2-94-103.
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The author of the article has outlined the problem of finding the most optimal model of the state for of government, because the necessary condition for stable development of society and effective functioning of the state is to ensure the balance between national interests and the interests of the population of regions and territorial communities. The preconditions, political history and periods of the formation of decentralized power in most European medieval states, scientific positions of national and foreign legal scholars on the expediency of implementing decentralization have been analyzed. It has been found out that the vast majority of Western European countries abdicate the unitary state model by introducing decentralization. The leading idea of reforming is to move the center of solving local issues to the local and, in particular regional level that is achieved by optimizing relations between different levels of territorial organization of power. National traditions, formation and functioning of public agencie in the past, specific features of administrative and territorial structure of the state, existence of autonomous territories, multiethnic population have a significant influence on the formation of the constitutional system on the basis of decentralization in the EU countries. The positive experience Poland, France, Italy, Latvia, Germany and Denmark has been studied. The author has theoretically substantiated that the principle of decentralization has been successfully implemented in the practice of the European Union countries. It has been indicated that the prerequisite for the successful implementation of decentralization processes to create an effective model of governance within the system of decentralized government of Ukraine is: the establishment of the rule of law principle; recognition and guarantees of local self-government; equal legal protection of all forms of ownership; democratic and effective electoral legislation; independence, efficiency, accessibility and transparency of the judicial system, functioning of administrative justice institutions; perfect budget process and high financial discipline; availability of adequate social standards; developed public sector and stable tendency towards its development.
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Frantsuz, A. J., and Y. K. Tupichenko. "ORGANISATIONAL AND LEGAL BASIS OF PRIVATE DETECTIVES IN POLAND AN UKRAINE." Legal Bulletin 76, no. 6 (December 15, 2022): 54–59. http://dx.doi.org/10.31732/2708-339x-2022-06-54-59.
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institutional crisis, destruction of anti-corruption legislation and loss of trust in law enforcement agencies - stimulates the development of non-governmental organizations and the emergence of individuals, protect private property, ensure personal safety, protect the lives and health of citizens. These include security agencies, bodyguards and private detectives. The lack of legal regulation of detective activity in Ukraine is a very big legal problem that separates us from the modern European world. The desire of the current government to maintain control over law enforcement agencies and the weak implementation of law enforcement and investigative activities - contributes to the active development of crime in Ukraine. This forces Ukrainian scientists and lawyers to study international experience for the effective implementation of the institute of detective work, in accordance with current international law. The activities of private detectives in European countries - is ensured by the right of citizens of these countries to protect their constitutional rights. Also, in the territory of the European Union, the activities of private detectives are legal and clearly spelled out in law. Legal regulation of private detective work is a very difficult issue. It is difficult to create adequate legal conditions when it comes to the authority of some people - to obtain information about third parties without their consent and knowledge. Therefore, the legislator of a modern European country must find a fine line between personal freedom, the right to privacy and the minimum rights of a person engaged in private detective work. This is necessary for the detective to be able to perform his duties efficiently and reliably. Today in Ukraine there are no laws that would clearly regulate private detective work. However, services that show signs of private detective work are still provided by individuals and agencies. If you look at the sections of ads on the Internet, you can find many suggestions for the provision of detective services.
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Fliazhnikova, Ya V. "EUROPEAN EXPERIENCE OF LEGAL REGULATION OF ATTORNEY PROFESSIONAL ETHICAL BEHAVIOR." Actual problems of native jurisprudence, no. 05 (December 5, 2019): 173–77. http://dx.doi.org/10.15421/391982.
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The European experience in the legal regulation of the lawyer’s professional ethical conduct is important and necessary for any civilized community. Its positive characteristics can be useful for reforming the current legislation of Ukraine and further scientific research. Since the profession of lawyer is designed as a benchmark for the protection of human rights in relations with the government, the existence of clear standards of attorney ethics that meet the generally recognized world standards – is a necessary prerequisite for the effectiveness of the advocacy as such. It is Europe’s universally recognized values, such as the right to life, liberty and security of person, property, fair trial and others, that will only be true values if they can be protected in a civilized legal way. The article reviews the work of the eminent lawyer M. Mollo “Rules of the Bar in France” which outlines important and necessary professional personal requirements that a lawyer in a modern democratic society must meet. The individual provisions of the German Bar, which is an independent organization in the justice system, are examined. The German Bar system allows attorneys to practice law virtually as free entrepreneurs. Moreover, it is determined that the practice of advocacy in Germany contains a lot of innovations, first of which is its concern with countries that are members of the European Union. It should be noted that the author has suggested the first step for Ukraine – based on the experience of Germany – is to establish a single minimum tariff, which would be used by both law firms and individual lawyers. Based on the review of the provisions of the General Code of Practice for EU lawyers, an important next step for Ukraine has been identified is the rules on professional insurance. Attorneys should always be insured against unfounded claims that are related to insufficient professional competence, and the size of the insurance should be set within reasonable limits. It is important to note that the laws of other European countries trace the principles of the autonomy of the legal profession, independence, exclusivity, self-government and self-financing.
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Ursu, V. "Alignment of national criminal legislation with European Union standards through the lens of the association agreement." Analytical and Comparative Jurisprudence, no. 4 (September 14, 2023): 418–24. http://dx.doi.org/10.24144/2788-6018.2023.04.67.
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As a country aspiring to join the European Union, Moldova has been working towards the harmonization of its criminal justice standards and laws with those of the EU.This involves aligning its legal framework with the EU acquis communautaire, which is the body of EU law that all member states must comply with. One of the main objectives of this harmonization process is to improve the efficiency and effectiveness of the Moldovan criminal justice system, as well as to enhance its capacity to fight against cross-border crime and other forms of transnational organized crime. To achieve this, Moldova has implemented a number of reforms aimed at improving its criminal justice institutions and processes, including the adoption of new laws and regulations that are in line with EU standards and practices.In addition, Moldova has also established closer cooperation with other EU countries, both through bilateral agreements and through its participation in EU-wide initiatives such as Eurojust and the European Public Prosecutor’s Office. This cooperation allows for the exchange of information and best practices between Moldova and the EU, as well the coordination of efforts to combat cross-border crime and other forms of transnational organized crime.The path traveled by the states of Central and Eastern Europe in the last decade demonstrates that European integration cannot be considered only as a priority ofthe country’s foreign policy, as was declared by the Government of the Republic of Moldova until recently. Since independence, conditions have been created in the Republic of Moldova that allow a new approach to the European integration process, and the course towards joining the European Union has become a priority state policy that is consistently promoted internally and externally.The adoption of such a new approach is all the more important, as the expansion of the European Union has taken on an unprecedented scale and it is the first time that the accession of new members directly targets the interests of the Republic of Modova.Overall, the harmonization of criminal justice standards and legislation in Moldova is an ongoing process that will require continued effort and cooperation between Moldova and the EU.The article is dedicated to the analysis of the cooperation of the Republic of Moldova with the European Union through the prism of the provisions of the Association Agreement, implicitly, by connecting its national legislation to the requirements stipulated in the legal acts of the EU, this being achieved by implementing the provisions of Directives, Regulations, Decisions of the EU and of the CoE.In the Association Agreement, in particular, in its annexes, a list of concrete legal acts of the EU and the deadline for their implementation established for the Republic of Moldova is included. This denotes the fact that Moldova is obliged not only to harmonize its relevant legislation with these legal acts, but also to implement it and ensure its compliance by the set deadline. It should be taken into account that the Republic of Moldova is not a member state of the EU and, therefore, it is obliged to follow a gradual process of harmonization, because Moldova is not, for now, obliged to carry out full harmonization with the EU acquis, at the level of the EU member states, in order to fulfill its obligations deriving from the Agreement. However, the acquisition in 2022 by the Republic of Moldova of the status of a candidate state for EU accession, denotes wider efforts in terms of harmonizing national legislation with EU legislation, which is not limited to the EU acquis included in the annexes to the Association Agreement, but implies the need to ensure the transposition into national legislation of the entire legislative body of the EU.According to the analysis of the European Commission, Moldova has reached a certain level of preparation (level II) for the implementation of the EU acquis in the field of justice, freedom and security. The legislation is largely aligned with EU legislation, and Moldova has implemented a number of important strategies. However, there is room for improvement regarding institutional cooperation and coordination to boost implementation.
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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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Chornous, Yuliia, and Oleksandr Dulskyi. "International and European forensic support standards for criminal proceedings." Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav 14, no. 1 (February 4, 2024): 9–18. http://dx.doi.org/10.56215/naia-chasopis/1.2024.09.
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The research relevance is determined by the Ukrainian candidateship European Union membership, and therefore one of its priority tasks is to adapt all legal mechanisms for regulating public relations to European standards, including in the area of criminal proceedings. The study aims to define the concept and content of international and European standards of forensic support of criminal proceedings. Comparative legal, systemic structural, and dogmatic methods were used in the study. Based on the study results, it is established that international and European standards of criminalistics support criminal proceedings covering both criminal procedural and forensic aspects. The author argues that in the criminal procedural aspect, such standards are manifested in the fact that all actions in criminal proceedings are carried out exclusively in the manner prescribed by criminal procedural legislation. A generalised statement on the fact that in the field of criminal proceedings, it is permissible to use the category of international standards for the implementation of this type of state activity in the course of its forensic support, but the procedural rules of both investigative and judicial activities cannot be brought by the international community to a single standard for all countries, since they are specific to each state depending on the system of government, legal system, historical, political and other features. The provisions of international and European standards of forensic support of criminal proceedings are also analysed, concluding that in the forensic aspect, criminal proceedings are implemented with the use of appropriate technical, tactical, and forensic support, and the allocation of such positions is of practical importance to ensure effective achievement of the objectives of criminal proceedings by the best international and European standards. The study findings can be used for further scientific research on the issues of criminal proceedings, as well as for improving the efficiency of the relevant part of Ukrainian criminal procedure legislation and law enforcement activities
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Davida, Zanda. "Chatbots by business vis-à-vis consumers: A new form of power and information asymmetry." SHS Web of Conferences 129 (2021): 05002. http://dx.doi.org/10.1051/shsconf/202112905002.
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Research background: The first notable early chatbots were created in the sixties, but the growing use of artificial intelligence (AI) has powered them significantly. Studies show that basically chatbots are created and used for purposes by government and business, mostly in consumer service and marketing. The new Proposal of the Artificial intelligence act aims to promote the uptake of AI and address the risks associated with certain uses of such technology. However, the act contains only minimum transparency obligation for some specific AL systems such as chatbots. Purpose of the article: In light of this issue, the article aims to discuss how existing European Union (EU) consumer law is equipped to deal with situations in which the use of chatbots can pose the risks of manipulation, aggressive commercial practices, intrusion into privacy, exploitation of a consumer’s vulnerabilities and algorithmic decision making based on biased or discriminatory results. Methods: The article will analyse the legal framework, compare guidance documents and countries’ experiences, study results of different consumer behavior researches and scientific articles. Findings & Value added: The article reveals several gaps in current EU consumer law and discusses the flaws of proposing legislation (particularly the Proposal for an Artificial intelligence act) regarding relations between business and consumers.
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BALAKIN, Robert. "State regulation of critical infrastructure in Ukraine during martial law." Fìnansi Ukraïni 2022, no. 7 (September 16, 2022): 70–94. http://dx.doi.org/10.33763/finukr2022.07.070.
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Introduction. The conceptual foundations of state regulation of critical infrastructure of Ukraine are laid down in the Concept of creating a state system of critical infrastructure protection (2017). The legal basis for regulating this area is established by the Law of Ukraine “On Critical Infrastructure” (2021). Problem Statement. Russia's armed aggression has led to a major destruction of Ukraine's national infrastructure. Approaches to state regulation of its facilities have changed, the real possibilities of their financing at the expense of the state budget have narrowed, and the structure of state borrowings has been transformed. Purpose. To determine the features of state regulation of critical infrastructure of Ukraine in martial law, the main areas of financial support for its postwar recovery, taking into account the experience of member states of the European Union. Methods. Modern approaches to the analysis of critical infrastructure issues of the International Monetary Fund, the World Bank, the European Bank for Reconstruction and Development, specialized agencies of the European Commission are used. Methods of theoretical generalization, retrospective analysis, synthesis, grouping, description, comparison are used. Results. Approaches to state regulation of critical infrastructure facilities in wartime, real possibilities of their financing at the expense of the state budget are revealed. The improvement of the legislation applied in the EU aimed at increasing the sustainability of critical enterprises is analyzed. The main directions of financial support for the restoration and development of critical infrastructure of Ukraine in the postwar period are identified, taking into account the economic and fiscal policy of the EU. Conclusions. Increasing the role of external official creditors in the structure of government borrowing provides the dynamics of financing the urgent needs of the functioning of national infrastructure and addressing issues of social protection. At the same time grants of direct budget support alone cannot cover the state budget deficit in the medium and long term. Solving the problems of financing the restoration of critical infrastructure is possible by providing partner countries with guarantees to their companies to invest in Ukraine under the conditions of effective anti-crisis management.
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Taušová, Marcela, Eva Mihaliková, Katarína Čulková, Beáta Stehlíková, Peter Tauš, Dušan Kudelas, and Ľubomír Štrba. "Recycling of Communal Waste: Current State and Future Potential for Sustainable Development in the EU." Sustainability 11, no. 10 (May 22, 2019): 2904. http://dx.doi.org/10.3390/su11102904.
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The constant consumption of resources exerts pressure on the environment. In this sense, waste management has obtained increasing attention from the view of a circular economy. The European Union deals with these mentioned aspects, trying maintain long-term competitiveness and to provide sustainable development in accordance with all related environmental aspects. This paper focuses on the evaluation of the production of communal waste in 36 EU countries. The main aim is to evaluate the success of countries’ efforts to decrease waste production and increase recycling rates. The methodology used for the evaluation included data collected from the publicly available database Eurostat, consequent analyses and evaluation in the statistical software JMP 13 through regression, distribution, and cluster analysis, and the interpretation of the results. The results of the cluster analysis showed that despite clear EU waste management legislation, EU member states have significantly different waste management systems at the national level. However, generally, we could see positive correlation between the generation of waste and recycling rates. Although, Malta, Austria, Greece, and Norway recorded a decreasing level of waste recycling over the last several years, some countries (Slovakia, Poland, Czech Republic, Latvia, Lithuania) had significantly lower recycling rates accompanied by low landfill taxes. The evaluation of waste production and recycling can be used for government policy in the area of waste management, as well as for individual communities dealing with communal waste.
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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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Stepanov, Oleg, and Denis Pechegin. "Legal View on the Introduction of New Technologies." Russian Law Journal 6, no. 3 (August 30, 2018): 149–71. http://dx.doi.org/10.17589/2309-8678-2018-6-3-149-171.
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According to the Concept of Long-Term Social and Economic Development of the Russian Federation for the period up to 2020, in the next few years the imbalance in world trade, as well as capital flows, will continue to increase, which will lead to changes in foreign exchange rates. That is why the final goal is to promote priority national interests in the framework of bilateral and multilateral trade and economic relations with foreign countries. In pursuit of this goal, the following improvement of customs regulation, and export and currency control mechanisms in the Russian Federation will be aimed at reducing barriers to foreign economic activity of innovative enterprises. Achievement of the set goals today is subject to the influence of a constantly changing world and new technologies. New technologies are increasingly penetrating the life of modern society. Meanwhile, the speed of introduction of new technologies is such that point changes in current legislation will gradually nullify the effectiveness of legal regulation as a system. Therefore, the changes today should concern not only the monetary and financial sphere, but also take into account other areas. The article is devoted to the study of crucial problems of implementing modern technologies from the legal point of view. Thus, at the international level, uncertainty still remains over issues of currency and legal responsibility, which is largely due to various legal regulations. Starting in 2018, the new rules for calculating the liquidity of banks and the ratio of borrowed funds to assets will come into full force in the European Union. Several large banks in France, dissatisfied with the policy of the European Central Bank (ECB), even appealed to the European Court of Justice for a change in the rules. According to FxPro analysts’ reports, economic growth in Europe has accelerated slightly, and the ECB is on the verge of abandoning its ultra-easy monetary policy in the direction of neutral and is preparing for further tightening. One of the subjects of the research is the system of monetary relations from the point of view of analyzing the problems of ensuring its stability, including criminal and legal means. The purpose of this analysis is to illustrate how to protect the domestic foreign exchange market and the challenges facing the monetary system today. The article has been prepared on the basis of legal and technical analysis of legal norms, as well as comparative legal and formal logical methods and system analysis methodology. In the authors’ view, this could contribute to a uniform approach to the problem, without which it would be extremely difficult to achieve success. It is concluded that in view of new challenges facing the global economy and the emergence of cryptocurrency, it is necessary to rethink the phenomenon of currency crimes, to study the experience of combating monetary crimes in other countries and to evaluate the common mechanisms for combating currency crimes. However, this approach cannot be considered legitimate insofar as different interpretation of the same term in different branches of legislation does not allow full realization of the constitutional rights and freedoms of citizens. After all, branches of legislation do not exist in isolation from one another, but are interrelated. It is concluded that the person conducting proceedings in a case can and is obliged, based on an analysis of the circumstances under consideration, to proceed from a comprehensive assessment of the category used in making the decision as applied to its understanding in aggregate in various branches of legislation. It is also necessary to create a universal state database for judges, prosecutors, investigators, etc., which would allow free cross-sectoral information exchange on the same subject. The new digital economy also requires retraining of civil servants and state employees, including the judiciary branch of government. At the same time, the article deals with the transformation of the legal profession in the future. It is concluded that classical legal education will not sink into oblivion. However, the lawyers of the future will play a slightly different role, namely, they will act as machinists, builders, operators and inventors of a useful model of legal relations for robot judges.
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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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Negri, Stefania, Sandro Bonfigli, Emanuele Cesta, and Giacomo Di Federico. "Strengthening legal preparedness and response within the global health emergency framework: the role of the GHSA Legal Preparedness Action Package*." Journal of Global Health Law 1, no. 1 (May 31, 2024): 88–105. http://dx.doi.org/10.4337/jghl.2024.01.05.
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The COVID-19 pandemic exposed failings in preparedness and response across the world and a shortfall in global health security. The crisis also highlighted shortcomings in global and regional legal frameworks, including the International Health Regulations (2005) and relevant European Union law, as well as in national public health legislation and emergency plans. Lessons learned from the pandemic converge around strengthening preparedness and response capacities at all levels, with special attention to be paid to legal preparedness, a critical component of public health emergency preparedness. Improving legal capacities at country level is one of the strategic priorities set by the Global Health Security Agenda (GHSA), which established a new Legal Preparedness Action Package (LP AP) in order to elevate attention to and the importance of legal preparedness worldwide. Since 2021 the LP AP has been front and centre in international efforts to bridge the legal preparedness gap at national level. In bringing together technical experts in global health law and government health policy officials from a broad range of countries and partners, the LP AP seeks to set a foundation for legal preparedness by developing technical and capacity-building tools, legal guidelines, policy briefs, information and training. This article aims to illustrate and contextualize the work of the GHSA LP AP and raise awareness about the importance of its contribution to enhanced global health security. It also intends to highlight how its work promotes and develops synergies with parallel initiatives, processes and tools, facilitates regime interaction and harmonization of technical assistance and ultimately ensures consistency of action, methodology and approaches.
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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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Pajtić, Bojan. "The right to environmental protection in Serbia: Between ethics of good intention and ethics of responsibility." Zbornik radova Pravnog fakulteta, Novi Sad 55, no. 4 (2021): 1063–82. http://dx.doi.org/10.5937/zrpfns55-30732.
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The paper focuses on formal and practical problems in the field of environmental protection, which occur as a consequence of omissions of the legislative and executive authorities in Serbia. The text analyzes the positive legislation and compliance of domestic legal regulations with international declarations and conventions ratified by our country (from the Stockholm Declaration and the Council of Europe Convention on Civil Liability for Damage Caused by Dangerous Activities to the Environment to the Rio Declaration), as well as with European Directives (EU Directive on Industrial Emissions) and Regulations (Regulation No. 525/2013 on monitoring and reporting of greenhouse gas emissions and reporting on other information relevant to climate change). The candidacy for equal membership in the European family of nations obliges the Serbian Parliament and the Government to make additional efforts in the direction of harmonizing our law with the European one. The paper takes a de lege ferenda approach, so the author explains the need to amend a number of laws, such as the Law on Environmental Impact Assessment, the Law on Strategic Environmental Assessment, the Law on Fees for the Use of Public Goods and the Law on Budget system, as well as the enactment of the Law on Climate Change and the Serbian Civil Code as soon as possible (in which dilemmas that hinder the subjects of law in using the environmental lawsuit as an instrument of environmental protection should be resolved). An unacceptable deviation from one of the fundamental principles established by the Rio Declaration was pointed out, which brings with it a number of structural problems and the inability of both the Green Fund institutions and a number of organizations that focus on ecology. The consequences of the discrepancy between the intentions proclaimed by the Constitution of Serbia and the National Strategy of Serbia for the accession of Serbia and Montenegro to the European Union from 2005 on the one hand and the absence of adequate legislative and executive activities in environmental protection, on the other hand, are obvious in the reports of the European Commission and the European Environment Office, as well as in the health risk and increased mortality of a large number of citizens of Serbia and other European countries, due to harmful emissions that cause pollution of air, water and soil in our country. In addition to the proposals for changes in the formal framework in the field of environmental protection, the paper points out the need to use those mechanisms of civil protection, such as environmental lawsuits (established by the Law on Obligations 1978), which is, by its nature, actio popularis and in that sense accessible to the widest range of subjects. The defense of the standards established by the Kyoto Protocol and the Basel Convention would, through the extensive use of this procedural instrument, be placed not only in the hands of representatives of the legislature and the executive, but also, the judiciary (conditionally, of course, because courts can decide only initiate a civil action, but not on its own initiative).
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Chumakova, Iryna, and Alla Dvihun. "Mechanisms for the improvement of the utility sector management efficiency within the local authorities." Regional Economy, no. 2(92) (2019): 45–55. http://dx.doi.org/10.36818/1562-0905-2019-2-6.
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The key risks and problems in the field of decentralization and formation of united territorial communities in Ukraine in the context of providing transparent and responsible management of utility sector enterprises by local self-government bodies are identified. In the framework of Ukraine’s implementation of the provisions of the Association Agreement with the European Union in domestic practice, the reasonability of reforming the utility sector in Ukraine at the regional level based on the positive experience and best practices of the European countries and on the generally recognized world standards and principles of corporate governance is substantiated. The paper outlines the mechanisms for ensuring the management efficiency of utility sector and for introduction of new standards of transparency and accountability of utility sector enterprises. On the basis of the analysis of the respective provisions of the national legislation the authors conclude that Ukraine has created the legislative preconditions for the transparency and accountability of utility sector enterprises within the territorial communities. However, the changes introduced into the national legislation on accounting and financial reporting, as well as the revision of the Law of Ukraine on Auditing, imposes more stringent requirements for the disclosure of information about the activities of utility companies, recognizing them as companies of public interest and / or as the subjects of natural monopoly within the national market. In order to strengthen the supervision over such enterprises the collegial bodies - audit committees or appropriate supervisory boards - should be established within their management system. The article considers the differences of such bodies’ functioning and the procedural peculiarities of the respective supervisory councils’ establishment that are based on the legislative norm that is of recommendatory nature as for the establishment of such councils for village and city, and for all others - district, region - is of obligatory nature. The paper proves that it is not economically feasible to create supervisory boards within all utility sector enterprises. The author analyzes the competences of the relevant local councils within the national legislation of Ukraine. On the basis of the generalization of the best European experience and practices, criteria for determining the economic justification for the establishment of supervisory boards at domestic utility sector enterprises in Ukraine are proposed. Moreover, the recommendations for local authorities regarding the criteria for the selection of independent auditors (audit firms) for carrying out the statutory audit of annual financial statements of utility sector enterprises are also formulated. The introduction of the proposed recommendations will increase the competitiveness of the utility sector companies of Ukraine compared to the enterprises of private sector of economy, as well as will promote the implementation of international standards and European principles and the best practices of effective management of large corporations in the utility sector of Ukraine.
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Voron, Diana. "Peculiarities of pre-trial settlement of administrative disputes in Ukraine and foreign countries." Visegrad Journal on Human Rights, no. 1 (May 6, 2024): 119–23. http://dx.doi.org/10.61345/1339-7915.2024.1.19.
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In the article, the author examines the pre-trial settlement of administrative disputes in Ukraine and foreign countries. Attention is focused on the fact that in connection with the introduction of the state of war in Ukraine, the burden on those courts that have the opportunity to hear cases is increasing because there is a sufficient number of judges, hostilities are not taking place, or the territory on which the court is located is de-occupied. In such conditions, there is a growing need to use alternative methods of dispute settlement, namely mediation and conciliation. The author highlights the issue of applying these methods – the subject composition of a public- law dispute as a civil servant who does not have a sufficient number of powers to use alternative methods of dispute settlement stays as the mandatory participant in such a dispute, he is limited in decision-making. Therefore, the article provides a suggestion to expand the discretionary powers of the subject of authority. The positive aspects of mediation are indicated. It contributes to the increase of trust and the establishment of partnership relations between the subject of authority and a private person. A necessary step is to introduce changes to the current legislation of Ukraine and grant the subject of authority the right to offer individuals or legal entities a mediation procedure in order to find a mutually beneficial solution. The author pays particular focus to the use of mediation in Israel. The use of mediation in the member states of the European Union, in particular Italy and Poland, is also being studied. The positive sides of conciliation in Ukraine and the United Kingdom are also studied, and the problems that arise in practice and ways to solve them are specified. The author comes to the conclusion that in the conditions of the state of war, it is indispensable to use alternative methods of resolving disputes, as this will lead to the relief of the judicial branch of government, the search for a mutually beneficial solution for both parties, the absence of corruption, preserving time and money for both individuals and legal entities, as well as for the subject of authority.
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Voron, D. L. "Peculiarities of pre-trial settlement of administrative disputes in Ukraine and in foreign countries." Analytical and Comparative Jurisprudence, no. 2 (May 11, 2024): 403–7. http://dx.doi.org/10.24144/2788-6018.2024.02.68.
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In the article, the author examines the pre-trial settlement of administrative disputes in Ukraine and foreign countries. Attention is focused on the fact that in connection with the introduction of the state of war in Ukraine, the burden on those courts that have the opportunity to hear cases is increasing because there is a sufficient number of judges, hostilities are not taking place, or the territory on which the court is located is deoccupied. In such conditions, there is a growing need to use alternative methods of dispute settlement, namely mediation and conciliation. The author highlights the issue of applying these methods - the subject composition of a public-law dispute as a civil servant who does not have a sufficient number of powers to use alternative methods of dispute settlement stays as the mandatory participant in such a dispute, he is limited in decision-making. Therefore, the article provides a suggestion to expand the discretionary powers of the subject of authority. The positive aspects of mediation are indicated. It contributes to the increase of trust and the establishment of partnership relations between the subject of authority and a private person. A necessary step is to introduce changes to the current legislation of Ukraine and grant the subject of authority the right to offer individuals or legal entities a mediation procedure in order to find a mutually beneficial solution. The author pays particular focus to the use of mediation in Israel. The use of mediation in the member states of the European Union, in particular Italy and Poland, is also being studied. The positive sides of conciliation in Ukraine and the United Kingdom are also studied, and the problems that arise in practice and ways to solve them are specified. The author comes to the conclusion that in the conditions of the state of war, it is indispensable to use alternative methods of resolving disputes, as this will lead to the relief of the judicial branch of government, the search for a mutually beneficial solution for both parties, the absence of corruption, preserving time and money for both individuals and legal entities, as well as for the subject of authority.
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Zaytsev, Oleksiy, and Kateryna Pavshuk. "Liability for Violation of the Obligation of Care in the Criminal Code of the Republic of Poland." Problems of legality 1, no. 164 (May 10, 2024): 199–213. http://dx.doi.org/10.21564/2414-990x.164.292538.
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The problem of non-fulfilment or improper fulfillment by parents (persons who replace them) of childcare responsibilities exists in all countries, regardless of the form of government, state system, and income level of the population. Ukraine has been in the process of integration with the European Union for a long time, so it is useful to study the foreign legislative approach to the regulation of responsibility for the violation of these obligations. The purpose of the article is to study the Polish experience of establishing criminal liability for non-fulfilment of child care obligations. In the research dogmatic, systemic-structural, statistical, historical-legal, formal-legal methods were used. Attention is paid to the legislation of the Republic of Poland, which provides for the right and duty of parents to care for and raise children. The genesis of the criminal law regarding responsibility for violation of these duties in the Criminal Code of 1932, 1969, and 1997 is given. Statistical data on the number of criminal proceedings and persons convicted of this criminal offense (2009–2020) are summarized. The peculiarities of the structure of the crime composition provided for in Art. 210 of the Criminal Code of the Republic of Poland were studied; objective and subjective signs. The analysis was carried out on the basis of the doctrine of Polish criminal law and the practice of courts of general jurisdiction, in particular the Supreme Court of the Republic of Poland. The practice of the Constitutional Tribunal of the Republic of Poland was used. Based on the results of the research, conclusions were formulated regarding objects of criminal law protection; objective and subjective side and subject composition. The differentiation of criminal liability in case of causing death to the victim was noted. The legislator also provided in cases of this crime the possibility of notifying the competent family court about the expediency of deprivation or limitation of parental or guardian rights in case of committing a crime to the detriment of a minor or in complicity with him. The separation of an independent structural section (subsection) in the Criminal Code of Ukraine, which includes criminal offenses against the family, as well as the improvement of criminal legal measures against persons who have committed such crimes, is supported.
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Kherkhadze, Alim. "THE ROLE OF FORING DIRECT INVESTMENTS IN THE ECONOMY AND THEIR STIMULATION MECHANISM." Economic Profile 17, no. 2(24) (December 25, 2022): 104–16. http://dx.doi.org/10.52244/ep.2022.24.03.
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In the era of globalization, the attraction of foreign investments has become an important factor in promoting the economic growth of countries. Investors are constantly looking for favorable conditions for investing their capital, which involves a combination of several important factors. The investor, who is focused on getting the maximum profit with the minimum cost, before making an investment decision, will study the investment environment of the host country, the proximity to large key markets, the barriers to entry from the host country to international markets, the availability of production and energy resources, the level of political and economic stability, the number of labor force, qualifications, etc. .sh. In terms of investments in the modern world, two types of trends have been identified: 1. High-tech investments, which are mainly located in developed countries, due to the developed country's intellectual resources, key market and good opportunities for business development, and 2. Investment, which is focused on obtaining maximum profit at the expense of cheap resources and labor force, and there is no or minimal technical innovation in it. It is important for the state to attract such direct foreign investments, which will not only be focused on making profits, but will also ensure the raising of the qualifications of local staff, the introduction of technological innovations, and the social protection of employees. Thanks to the economic reforms implemented after the post-Soviet upheavals, Georgia has become an attractive place for foreign investment, however, due to the shortage of labor force and low qualifications, investments focused on cheap resources and labor force are entering the country more than high-tech ones. The entry of relatively large, high-tech investments is hindered, in addition to the scarcity of the country's workforce and relatively low qualifications, the low level of energy independence, the territories occupied by the Russian Federation of Georgia, the generally politically and economically unstable region (Tskhinvali, Abkhazia, Karabakh regions), the aggressive state - the Russian Federation. Neighborhood and high probability of potential armed conflicts. The positive factors that make Georgia attractive for foreign investors are a favorable geopolitical location with land access, moderate natural and climatic conditions, low level of corruption, less bureaucratic and simple legislation compared to other countries, high level of harmonization of national legislation with international legislation, with the European Union in 2014 and in 2017 Free trade agreements signed with China, which allow a foreign investor to export products produced on behalf of Georgia to two of the world's largest markets without any problems. Due to the fact that one of the most important factors of production - "capital" - is needed to develop the economy, and the country does not have it at this stage, attracting foreign investments is a vitally important task for the economic growth of Georgia. In developing countries like Georgia, the level of domestic savings is relatively low. In addition to this, apart from the banking system, there is no stock market. In the period 1996-2021, a total of about 23.12 billion dollars of investment came into Georgia. The first and only investor country in 1996 was Ukraine with 3753.45 thousand US dollars. In the following years, significant investments were made in Georgia from the USA (1.81 billion USD), the European Union, CIS countries and Great Britain. According to the latest data, foreign investment has entered Georgia from 74 countries, which is almost 2 times less than the number of countries with which Georgia has trade relations (export-import). Since 2003, the growth of investments had an irreversible character, however, the 2008 world economic crisis and Russia's military attack on Georgia sharply reduced this figure, and it took 6 years to restore the pre-war figure. In addition, since 2017, foreign investments in Georgia have been characterized by a decreasing trend. Pandemic year 2020 was particularly notable in terms of investment decline. Despite the fact that after the signing of the Georgia-EU association in 2014, foreign investments should have increased due to the desire to access the EU market, until 2017, their volume was decreasing. In 2017, in the history of independent Georgia, the largest level of foreign investments - 1.98 billion USD was recorded. In the same year, the agreement on free trade between Georgia and China was signed, which should also increase foreign investments due to the desire to access the Chinese market, although the country has not returned to the level of foreign investments made in 2017. On December 31, 2013, the Organic Law of Georgia "On Economic Freedom" adopted in 2011 entered into force. The law, on the one hand, regulates the limit of the amount acceptable from taxpayers - in case of the desire to increase the tax rates of income, profit, VAT and import taxes, citizens' consent is required through a referendum, and on the other hand, the amount of spending of collected taxes is controlled by the limits of the established macroeconomic parameters. After the implementation of this law, the tax burden of taxpayers was not supposed to increase, but the government took advantage of the loophole in the law and in 2017 the excise duty rate was sharply increased on cars (the excise duty on right-hand drive cars was doubled), fuel and tobacco products. The property tax has also been increased, since it does not belong to the general state tax. Since January 1, 2017, when the Estonian model of profit tax came into force, the state budget received about 500 million GEL less. To make up the deficit, either government spending had to be cut, or debt had to be incurred, or taxes had to be raised. In 2017, the government's expenses increased by 800 million GEL, we took on a debt of 400 million GEL, and the excise and property tax rates were also increased, according to which if the family had an annual income of more than 40,000 GEL, they would have already paid property tax on the car. As of May 2021, the foreign debt has increased to 24.8 billion GEL and has already violated the macroeconomic parameter written in the Law on Economic Freedom, according to which the government's debt cannot exceed 60% of GDP. From 2011, when the law was adopted, until 2013, when the law entered into force, the volume of direct foreign investments did not increase, on the contrary - it even decreased, although this can be blamed on the caution caused by the change of government in 2012. - Investors are likely to observe the possibility of a change in the country's political vector. When the law came into force in December 2013, that is, in fact from 2014, the volume of investments increased by leaps and bounds, and this dynamic continued until 2017, when taxes were increased. Since 2018, the volume of direct foreign investments has dropped almost to the level of 2011. Based on all of the above, we believe that in order to attract foreign investments, Georgia should make maximum use of those competitive advantages that will attract the attention of foreign investors. The country, which has historically been a corridor of regional and world importance, has yet to fully utilize its transport function.
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Zaytsev, Oleksiy, and Kateryna Pavshuk. "Liability for Violation of the Duty of Care and Upbringing in the Criminal Code of the Federal Republic of Germany." Problems of legality, no. 161 (June 30, 2023): 215–29. http://dx.doi.org/10.21564/2414-990x.161.276942.
Full textAbstract:
The relevance of the topic of research is determined by the fact that the problem of non-fulfillment or improper fulfillment by parents (persons who replace them) of childcare responsibilities exists in all countries, regardless of the form of government, state system and income level of the population. Ukraine is in the process of integration with the European Union, so it is useful to study the foreign legislative approach to regulating responsibility for the violation of these obligations. The aim of the article is to study the German experience of establishing criminal liability for non-fulfillment of childcare obligations. Dogmatic, systemic-structural, statistical, historical-legal, formal-legal research methods were used in the research. Attention is paid to German legislation, which provides for the right and duty of parents to care for and bring up children. The genesis of the criminal law regarding the liability for violation of these duties is given. Statistical data on the number of criminal proceedings and persons convicted of this criminal offense (2010–2021) are summarized. The peculiarities of the structure of the crime provided for in § 171 of the Criminal Code of the Federal Republic of Germany have been studied; objective and subjective characteristics. The analysis was carried out on the basis of the doctrine of German criminal law and the practice of courts of general jurisdiction, in particular the Federal Supreme Court of Germany. The practice of the Federal Constitutional Court of Germany was used. Based on the study, conclusions were formulated regarding the definition of: the legal interest that is protected; signs of "gross" violation of duties; criteria for establishing the consequence of the crime, which is provided as the tort of creating danger. The peculiarities of the qualification of the crime in case of its commission in a place where an armed conflict is taking place are noted. The allocation of an independent structural section (subsection) in the Criminal Code of Ukraine, which includes criminal offenses against family, is supported. The discussion of the criminalization of harm caused by a crime provided by Art. 166 of the Criminal Code of Ukraine, creating a real threat (danger) of causing harm to the victim is proposed.
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Roziznanyi, Ye. "National and foreign experience in determining the legal status of guardianship bodies." Analytical and Comparative Jurisprudence, no. 1 (March 20, 2024): 229–33. http://dx.doi.org/10.24144/2788-6018.2024.01.39.
Full textAbstract:
In the scientific article, the author conducted a scientific study of the peculiarities of the legal status of guardianship and guardianship bodies in Ukraine and other countries. On the basis of the conducted research, the author came to the conclusion that guardianship and guardianship bodies are distinguished by various authorities - local bodies of state executive power and local self-government bodies, separate departments of these bodies, services for children, which function under local state administrations and local councils, and as well as advisory and advisory support bodies. At the same time, the scientific literature notes the inexpediency of such a wide list of guardianship and guardianship bodies and the need to empower these bodies only with services for children. In the family law doctrine, there is no unanimity regarding the definition of the powers of the guardianship and guardianship authorities, which relate to the protection of the rights and legitimate interests of the child; they are contained in special legislation, which, however, does not fully correspond to each other and provides for the presence of a number of bodies that do not actually function or carry out activities formally, without having the appropriate competence (commissions for the protection of children's rights, departments of local state administrations), or at the same time function two bodies that are subordinate to each other (local state administrations and services for children). In the family law doctrine, there is no certainty in the issue of recognition of guardianship bodies and care by subjects of family relations; some scientists attribute them to the subjects of administrative-procedural relations or to the participants of legal relations of a complex nature, which are partly family, while others distinguish them as subjects of family relations. Analogues of guardianship and guardianship bodies in the states of the European Union and candidate states for EU membership are various types of bodies, including quasi-judicial ones, which perform both the functions of appointing, approving or dismissing a guardian, as well as supervising the observance of the rights of the child by its guardian (in France these functions are divided between the "family council” and the "guardianship judge”). Also, these bodies make decisions in family disputes regarding determining a child's surname, establishing his origin, his upbringing and maintenance.
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Mykytyn, Yu I. "Defining Approaches To The Classification Of Criminal Procedure Policies Of EU Member States." Actual problems of improving of current legislation of Ukraine, no. 51 (August 6, 2019): 166–77. http://dx.doi.org/10.15330/apiclu.51.166-177.
Full textAbstract:
This article analyzes the approaches to the classification of criminal procedural policiesof EU Member States. The basic variants of classifications of models (types) of criminal procedure policies of the EU Member States are investigated.
It is considered that in the context of defining approaches to the classification of criminal procedural policies of the Member States of the European Union, it would be optimal to simultaneously use the terms «model» and «type» of criminal procedural policy as universal synonymous categories, that reflecting both European and Ukrainian legal traditions.
Despite the tendency to unification and converge criminal procedural legislation of EU Member States on the basis of EU standards, criminal procedural policies in such countries have significant differences.
Belonging to a particular model (type) of criminal procedure policy is determined on the basis of the content of the legal system of a particular EU Member State and is conditioned by various factors.
First of all, there are two basic models (types) of criminal procedural policies of EU Member States at the global level: Anglo-Saxon and Continental (Romano-German). The Continental (Romano-German) model (type) of criminal procedure policy has the following types: French (Romance), German and Swedish (Scandinavian).
The German type (model) had the greatest influence on the formulation of criminal (type), the following subspecies are distinguished: Central and Eastern European, Baltic, Balkan.
The models (types) of criminal procedure policies of EU Member States can be classified on the basis of such a criterion as the form of the state. Thus, the form of state government can distinguish the constitutional monarchical model (type) of criminal procedural policy and the republican model (type) of criminal procedural policy. In turn, the republican model (type) of criminal procedural policy is of two types, semi-presidential and parliamentary. It should be emphasized that the EU Member States are not characterized by the presidential kind of the model (type) of republican criminal procedural policy. According to the form of the state system there are a unitary and a federal model (type) of criminal procedure policy. According to the form of state regime, all EU Member States belong to the democratic model (type) of criminal procedure policy.
One of the criteria for the classification of models (types) of criminal procedural policies is the methodology of codification of criminal procedural law. According to this criterion, it is possible to distinguish classical continental, Swedish (Scandinavian) and Anglo-Saxon model (type) of criminal procedure policy.
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Shevchuk, Oksana, and Nataliia Mentukh. "Administrative Procedures in the Field of Economic Activity." Problems of legality, no. 163 (December 28, 2023): 280–94. http://dx.doi.org/10.21564/2414-990x.163.291886.
Full textAbstract:
The relevance of the topic is due to the fact that the idea of establishing a free trade area and the single market of the European Union (hereinafter - the EU) between Ukraine and the EU countries in accordance with the Association Agreement with the EU and its Member States, as well as the strict fulfilment of obligations to ensure a zone of economic competition, aims at creating a competitive environment in which business entities enjoy equal competitive conditions and operate in accordance with the same generally accepted rules. The purpose of the study is to analyse various scientific approaches to understanding the administrative procedure, to define its features, and to determine the criteria for classifying the formation and development of administrative procedures in the field of economic activity. The methodological basis of the article is a set of methods and techniques of scientific cognition, both general scientific (logical, historical and legal, systemic analysis, etc.) and special (documentary analysis, comparative legal methods, etc.), which contributes to the achievement of the set goals, ensures a complete and comprehensive understanding of the research topic, scientific reliability and convincing results. The author identifies the characteristic features of administrative procedures: openness, focus on the realisation of public interests, consistent orderliness, normativity, discretion, etc. The criteria for classification of administrative procedures have also been the subject of debate, which eventually led to the development of a significant number of them. The author determines that the content of administrative procedures is the procedure for consideration and resolution of individual administrative cases by administrative authorities and local self-government bodies with a view to protecting the rights and legitimate interests, and also to fulfilling the statutory obligations of all subjects of legal relations. Based on the study, the author formulates conclusions and provides recommendations on the need to amend the Law of Ukraine "On Administrative Procedure" to regulate the mechanism of implementation of the principle of "tacit consent" in legal relations between public authorities and business entities. The introduction of the principle of tacit consent in practice should solve a number of problems in the area of issuing permits. The main ones are: reducing the real time spent by business entities on obtaining permits; limiting the opportunities for abuse by representatives of public authorities related to the delay in the timeframe for issuing pre-trial documents established by the current legislation; business entities avoid unjustified termination or suspension of business activities.
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Osmani, Myslym, Rezear Kolaj, Petar Borisov, and Ekaterina Arabska. "Why agricultural policies fail and two cases of policy failures in Albania." Agricultural and Resource Economics: International Scientific E-Journal 8, no. 2 (June 20, 2022): 86–104. http://dx.doi.org/10.51599/are.2022.08.02.05.
Full textAbstract:
Purpose. The purpose of this study is to identify the causes of economic policy failure in general and agricultural policy failures in Albania in particular. At the same time, the very concept of policy failure is a matter of our interest. To achieve our goal, we have conducted a basic literature review. The most important aspect of interest in the study is the investigation of two cases where agricultural policy in Albania has failed.
Methodology / approach. To conduct the study we use several methods: a review of general literature in relation to government policy failure; review of specific literature regarding farm size and cooperation; review of national policy or strategic documents regarding agricultural and rural development in general and farm size and cooperation in particular; review of national statistical evidence about farm size and cooperation in Albania, and data from international sources such as The Global Economy.
Results. The study is based on the widely recognized evidence that the concept of failure is multidimensional and not uniquely defined. The study contributes to identifying and summarizing some of the main causes of policy failures. Government policies generally fail when intervention leads to inefficient allocation of resources and an overall decline in people’s well-being when they do not increase production, productivity, or revenue, or when society does not achieve the policy objectives set. Policy failures are generally related to the weakness of institutions. Institutions are weak when they fail to perform effectively the three basic functions that are commitment, coordination, and cooperation. In the case of agricultural policies in Albania, the study analyzes the extremely low level of collective action and the small size of farms, which has remained almost the same and fragmented throughout the 30–year period of economic and social transition. Strong institutions responsible for drafting and implementing legislation and developing policies, characterized by the professionalism and high performance of their staff, are the only guarantee for achieving the policy objectives for sustainable agricultural development and accelerating the process of Albania’s integration into the European Union.
Originality / scientific novelty. The literature points out that: (1) government effectiveness, (2) rule of law and (3) weak control of corruption are the root causes of all policy failures, including agricultural policy failures. We analyze the data on these indicators for Albania and some other countries in the Western Balkans region and try to draw conclusions about their impact on the two policy failures we are interested in, which are the serious lack of collective action in the agricultural sector and the small size of farms in Albania. No previous research has been focused on agricultural policy failures, at least in Albania.
Practical value / implications. The study may be useful for the discussion and evaluation of the impact of policies, and performance of related institutions in Albania. It emphasizes not only the need of reforming these bodies but also suggestions for future research on policies and their effectiveness in Albania and beyond.