Journal articles on the topic 'Legislative bodies – European Union countries'
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1
Dyhal, Yaroslav. "The issue of the ratio of women and men in central and local government: the European Union and Ukraine." Annales Universitatis Paedagogicae Cracoviensis. Studia Politologica 24, no. 324 (May 15, 2021): 95–107. http://dx.doi.org/10.24917/20813333.24.7.
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Gender mainstreaming is an integral part of the process of building a democratic society, including in thepolitical sphere. In order to draw conclusions about gender equality in the political sphere, it is necessaryto constantly investigate the current situation. An indicator of gender equality in the political sphere is therepresentation of women and men in the governmental institutions. Therefore, there is a need to analyse thegender structure of central and local authorities in the European Union.The aim of the paper is to analyse the representation of women and men in elected authorities andgovernments of the European Union and Ukraine. The author explored the participation of men and womenin the European Parliament, national parliaments of European countries, national governmental authorities,regional and local parliaments of the EU and Ukraine.The gender structures of different authorities were compared. The countries with gender equality in thepolitical sphere and the countries with the largest imbalances were identified.The author analysed the factors that contributed to the establishment of equality in countries with indicatorsas close as possible to gender balance (Scandinavian countries). Among such factors the most interesting are:emancipation of women; high level of social development; institutional factors and legislation as incentives.A comparison of the gender structures of the central executive and legislative bodies and local councils ofUkraine and Poland was made.
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Kádár, Tamás. "Equality bodies." International Journal of Discrimination and the Law 18, no. 2-3 (June 2018): 144–62. http://dx.doi.org/10.1177/1358229118799231.
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The Treaty of Amsterdam and the subsequent adoption in 2000 of the so-called Race Directive was a genuine paradigm shift in European equal treatment legislation and practice. One of the major developments resulting from this Treaty change and new Directive was the introduction of a requirement for all European Union (EU) Member States to set up bodies for the promotion of equal treatment, first on the ground of race and ethnic origin, later extended to the ground of gender. This article analyses the emergence of these bodies – equality bodies – in EU Member States and candidate countries and the role they play in promoting equality and the implementation and monitoring of EU equal treatment legislation. It argues that equality bodies have a significant potential to contribute to more equal societies and they have proved to be effective agents of change. They do so, among others, by contributing to relevant case law in front of the Court of Justice of the EU leading to the further development and clarification of EU and national equal treatment legislation. The article also looks at the challenges experienced by equality bodies in different European countries as factors that influence and might limit their potential and contribution. To conclude, the article examines the necessary conditions for equality bodies to effectively contribute to the implementation of EU legislation and the achievement of substantive equality and it assesses whether current standards for equality bodies can guarantee these conditions.
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Ksonzhyk, Iryna, Halyna Matskiv, and Nataliya Sorochan. "European experience with the operation and control of the procurement mechanism for goods, works, and services using budget funds." University Economic Bulletin, no. 55 (December 29, 2022): 97–105. http://dx.doi.org/10.31470/2306-546x-2022-55-97-105.
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The subject of the study is the practical experience of the functioning of the mechanism of public procurement of goods, works and services in the member states of the European Union, its reformation under the influence of the introduction of new EU legislative norms in the field of public procurement, and the harmonization of the national legislation of the participating countries with Directives 2014/23/EU, 2014/24/EU and 2014/25/EU. The purpose of the work is to establish the impact of the new legislative norms of the European Union in the field of public procurement on the mechanism of procurement of goods, works and services for budget funds in the European Union, to identify the advantages of applying these norms. The methodological basis of the article is a set of cognitive methods applied to the mechanism of public procurement. The research was based on general scientific methods, namely: dialectical, which implies objectivity, comprehensiveness and systematic knowledge; logical; special methods of scientific knowledge: historical, method of systematic analysis and generalization of normative documents. The general logic of the article is based on a complex and systematic approach using modern scientific apparatus. Results of the article. The article establishes the main directions of changes in the mechanism and tools of public procurement in the countries of the European Union, which took place after the implementation of the norms of Directives 2014/23/EU, 2014/24/EU and 2014/25/EU, an analysis of the advantages of their implementation in national legislation of member states. The evaluation of the efficiency of the public procurement market in the EU countries was carried out. The directions and sources of further research are substantiated, first of all, by taking into account the aspects of digitalization of the sphere of public administration and finance, social and environmental innovations. Field of application of results. The results can be used by state and local self-government bodies, territorial communities, and economic entities of various forms of ownership. Conclusions. The new norms of EU legislation in the field of public procurement, set out in Directives 2014/23/EU, 2014/24/EU and 2014/25/EU, are aimed at simplifying procedures for public procurement of goods, works and services for budget funds, which promotes the free movement of goods and services in the countries of the European Union. As a result, customers get better value for money. Thus, public procurement becomes a tool of EU strategic policy. Although it cannot be claimed that the EU's public procurement policy is flawless, the experience of all participating countries is always taken into account in the process of its development and implementation. The EU public sector can use the procurement of goods, works and services with budget funds to increase the number of jobs, growth and investment, as well as to create an economy that is more innovative, resource and energy efficient and socially inclusive.
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Baranovskyi, F. V., and Y. V. Dyhal. "STUDY OF EXPERIENCE OF THE APPLICATION OF GENDER QUOTAS IN THE POLITICAL SPHERE OF THE EU COUNTRIES AND UKRAINE THROUGH THE PRISM OF EFFICIENCY." Actual Problems of International Relations, no. 147 (2021): 27–36. http://dx.doi.org/10.17721/apmv.2021.147.1.27-36.
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Abstract. The article reveals the experience of using gender quotas and the issues of their effectiveness in the political sphere of the European Union and Ukraine. The relevance of the article is due to the fact that gender quotas are a common and at the same time institutionalized mechanism for ensuring gender equality. The article uses historical, comparative and structural-functional research methods. The authors determined the legal basis of gender quotas, mechanisms for their implementation, types of quotas and criteria for their effectiveness. Legislative candidate quotas and voluntary party quotas have been found to apply in European countries. The experience of applying gender quotas in the EU and Ukraine was studied. Gender quotas have been shown to increase women's representation, but not immediately after application. The effectiveness of quotas is determined by a good legal basis and the use of quotas in combination with other means. It is determined that even a single application of gender quotas has a lasting effect on increasing the number of women in representative bodies. The adoption of voluntary party quotas by leading political parties also contributes to the equal representation of women and men. In addition to directly affecting the number of women in the legislature, gender quotas indirectly affect other aspects of life. Key words: gender, gender equality, gender quotas, affirmative action, European Union.
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Сердюк, С. С. "АДМІНІСТРАТИВНО-ПРАВОВЕ РЕГУЛЮВАННЯ ЗАБЕЗПЕЧЕННЯ ПОЖЕЖНОЇ БЕЗПЕКИ В УКРАЇНІ В УМОВАХ ЄВРОІНТЕГРАЦІЇ." Збірник наукових праць ХНПУ імені Г. С. Сковороди "Право", no. 30 (2019): 118–25. http://dx.doi.org/10.34142/23121661.2019.30.15.
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The article describes the process of formation and development of the modern system of civil protection bodies, including fire safety authorities, on the basis of the analysis of the administrative legislation of Ukraine. An analysis of the organization and activities of similar bodies of the European Union countries for the prevention of emergencies and the elimination of their negative consequences has been carried out. It is suggested to take into account the positive experience of their structural construction and administrative and legal regulation of activity in the legislation of Ukraine.
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Babin, Iurii, Mykola Nazarenko, Rostyslav Nilov, and Victor Pinchuk. "RESEARCH OF THE MAIN DIFFERENCES IN THE REQUIREMENTS FOR THE CONSTRUCTION OF VEHICLES MANUFACTURED FOR MARKETS OF DIFFERENT COUNTRIES." Avtoshliakhovyk Ukrayiny, no. 4 (260) ’ 2019 (December 28, 2019): 22–29. http://dx.doi.org/10.33868/0365-8392-2019-4-260-22-29.
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Research of the main differences in the design requirements for wheeled vehicles manufactured for the markets of different countries. Review of the main legislative documents concerning the admission of RV to participation in road traffic and the state registration. Determination of the main differences RV, which were in use and were made for markets other than European, which are required pay attention to certification. Providing information and explanations for citizens wishing to purchase or have already purchased vehicles that were in use and manufactured for markets other than European, about the minimum design requirements for such vehicles, compliance with which is necessary for passing the inspection and obtaining a certificate of conformity according to the procedure for individual approval of wheeled vehicles. Definition of legislative documents about regulating the procedure for individual approval of vehicles in Ukraine. Providing information on the list of requirements (technical regulations), which must conform to the vehicle, past in usage, M1 and N1 categories for passing the procedure of individual approval of wheeled vehicles. Determination of the obligations of certification bodies in Ukraine to comply with the requirements of European standards and legislation of Ukraine during the procedure for individual approval of wheeled vehicles in Ukraine. Development and approval Technical service reports on the possibility of applying alternative technical regulations for the individual approval of completed wheeled vehicles of categories M1 and N1, which are manufactured in large series in / or for countries that are not member states of the European Union. Description of the main differences between the objects of approval that you need to pay attention to before passing certification. Keywords: RV certification, certification of cars intended for the US market, requirements for cars during certification.
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Cherkasov, A. I. "ADMINISTRATIVE CONTROL OVER THE ACTIVITIES OF LOCAL AUTHORITIES IN THE COUTRIES-MEMBERS OF THE EUROPEAN UNION." Courier of Kutafin Moscow State Law University (MSAL)), no. 4 (June 22, 2020): 163–69. http://dx.doi.org/10.17803/2311-5998.2020.68.4.163-169.
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The article deals with problems of administrative (state) control over the activities of local authorities in the countries — members of the European Union. The author stresses the importance of such control for securing the proper functioning of public bodies, including those at the local level. The signifi cance of administrative control is also determined by the commitment to the principle of equality and the maintenance of certain minimum standards of services rendered to the population irrespective of the place of living. Administrative control in the final result acts as a kind of a counterweight to those fairly broad rights that have been given to local communities in democratic countries. The state control over local government acquires additional importance also in the light of the increasing integration in the countries — members of the European Union, where sub-national authorities have to implement European legislation. The author reveals the mechanisms of such control and stresses the importance of observance of common democratic principles while performing it. Otherwise the implementation of state control prerogatives may be turned into the instrument of excessive centralization of power, the means of suppression of local initiative and municipal bodies’ autonomy.
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Chauhan, Amisha, Shikha Baghel Chauhan, and Sakshi Nainwani. "The Review on Cosmetic Regulation: Quality Education." ECS Transactions 107, no. 1 (April 24, 2022): 241–48. http://dx.doi.org/10.1149/10701.0241ecst.
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The cosmetics industry is undergoing substantial transformations all over the world. It has grown dramatically over the world, providing a means for a person to alter his or her appearance and make a product instantly noticeable and appealing. To accomplish effective promoting, one must consider a variety of factors. Today's cosmetic industry or market takes use of cutting-edge technology to create new cosmetic agents with enhanced qualities. Trend for cosmetics is getting elevated each passing day, hence enormous growth is encountered in the cosmetic market globally. If we talk about legislation of the cosmetic industries nowadays then they are kind of stringent all over the globe. There are different regulatory bodies globally with their own rules and regulation regarding cosmetics. The major market for cosmetics is in United states and in European Union, and all other developing countries ideally look the regulation of these developed countries as a role model. Despite of all the differences in regulatory bodies their aim is somewhat similar which is to ensure the safety, efficacy, and stability of the product. So, in this article we are going to study about the various differences which are present regarding the regulatory bodies and rules and regulation among India, United States and European Union.
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Vujić, Mario, and Lea Pollak. "Composition, labelling, and safety of food supplements based on bee products in the legislative framework of the European Union – Croatian experiences / Sastav, označavanje i zdravstvena ispravnost dodataka prehrani koji se temelje na pčelinjim proizvodima u pravnom okviru Europske unije – hrvatska iskustva." Archives of Industrial Hygiene and Toxicology 66, no. 4 (December 1, 2015): 243–49. http://dx.doi.org/10.1515/aiht-2015-66-2654.
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The European Union market is overflown by food supplements and an increasing number of consumers prefer those where bee products play an important part in their composition. This paper deals with complex European Union legislation concerning food supplements based on bee products, placing a special emphasis on their composition, labelling, and safety. Correct labelling of food supplements also represents a great challenge since, in spite of legal regulations in force, there are still open issues regarding the statements on the amount of propolis, which is not clearly defined by the legal framework. One of the key issues are the labels containing health claims from the EU positive list approved by the European Food Safety Authority. Emphasis will also be placed on informing consumers about food, as statements which imply the healing properties of food supplements and their capacity to cure diseases are forbidden. One of the key elements of product safety is HACCP based on the EU Regulations EC 178/02 and 852/2004. Health safety analyses of food supplements with bee products used as raw materials, which are standardised by legal regulations will also be discussed. In the future, attention should also be paid to establishing the European Union “nutrivigilance” system. Croatian experiences in addressing challenges faced by producers, supervisory entities, and regulatory and inspection bodies may serve as an example to countries aspiring to become part of the large European family.
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Borzenko, Helena, Tamara Panfilova, and Mikhail Litvin. "Levels taxation countries the EU and Ukraine’s." Problems of Innovation and Investment Development, no. 19 (April 2019): 131–60. http://dx.doi.org/10.33813/2224-1213.19.2019.12.
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Purpose articles rassm and experience and benefits systems taxation countries European Union, manifestation iti the main limitations domestic taxlegislation and wired STI their comparisons. In general iti ways the provisiontax reporting countries Eurozone in the appropriate organs, dove STI need theintroduction Ukraine electronic methods receiving and processing such reports.define iti key directions reforming domestic tax legislation. Methodology research is to use aggregate methods: dialectical, statistical, historical, comparative. Scientific novelty is to are provided recommendations for improvement ofefficiency systems taxation of our states in international ratings characterizingtax institutions country. Therefore, despite some problems in legislation heldcomparative study systems taxation EU and Ukraine. Conclucions Coming fromof this, the main directions reforming tax systems Ukraine, in our opinion,today should become: improvement process administration, reduce scales evasiontaxes, provision more uniform distribution tax burden between taxpayers, themaximum cooperation tax bodies different levels as well adjustment systemselectronic interactions tax authorities and payers, tax system must contain ascan less unfounded benefits, consistent with the general by politics pricing.
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Dziemianowicz, Ryta, Aneta Kargol-Wasiluk, and Renata Budlewska. "Fiscal councils as an element of the concept of fiscal governance in the European Union member states." Equilibrium 11, no. 4 (December 31, 2016): 675. http://dx.doi.org/10.12775/equil.2016.030.
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Fiscal governance is defined as a combination of institutions, rules and norms that structure good governance in the area of fiscal policy. It can be named as the specific mechanism of coordination by using of tools such as: budgetary procedures (legislative fiscal rules), fiscal rules (numerical) and independent fiscal institutions/ fiscal councils. Fiscal governance focuses on how the fiscal policy is planned, approved, conducted and monitored, including the involvement of not only public bodies, but the business sector and civil society too. In this study, particular attention was paid to capturing the essence of the relationship between the qualitative elements of fiscal councils activity and its impact on stabilizing the public finances in the view of fiscal governance concept. During the last world crisis in the EU countries, an interest in establishing fiscal councils has increased. Before 2008 there were only seven institutions in the EU, while in 2014 there are already 19. The question is - are these institutions efficient in stabilizing public finances? Therefore, the main objective of the article is the assessment of the role of the fiscal councils in the coordination of the fiscal policy in the EU Member States. The conducted analysis verifies this role on the basis of theoretical deliberation of the current state of the art. The empirical research verifies fiscal councils’ dependence on fiscal balance of EU countries. Research was conducted on the basis of the European Commission, Eurostat and International Monetary Fund data sets.
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Toy, Alan, and David C. Hay. "Privacy Auditing Standards." AUDITING: A Journal of Practice & Theory 34, no. 3 (September 1, 2014): 181–99. http://dx.doi.org/10.2308/ajpt-50932.
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SUMMARY Privacy audits are an area of auditing practice that are becoming increasingly relevant to audit firms as well as to regulators such as privacy commissioners. Privacy audit reports can be a resource for consumers and groups representing them. However, there is limited consistency between the standards applied in privacy audits when compared across different auditors and across different jurisdictions. Inconsistency of standards reduces international comparability of privacy audits, thereby lowering their potential value to the entities subject to audit, and to users of the reports. We suggest a set of fundamental principles for privacy audits drawn from recent proposals for legislative and/or policy reform by leading official bodies in the U.S. and the European Union. We apply this framework to 30 privacy audit reports issued in five countries. The results show that few conform to the proposed fundamental principles. This inconsistency limits their value and effectiveness.
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Сафаров, Джахонгир, Dzhakhongir Safarov, Зафар Рузиев, and Zafar Ruziev. "COMPARATIVE LEGAL ANALYSIS IN THE FIELD OF ENVIRONMENTAL PROTECTION POWERS OF SELF-GOVERNMENT BODIES IN FOREIGN COUNTRIES." Journal of Foreign Legislation and Comparative Law 2, no. 1 (March 16, 2016): 0. http://dx.doi.org/10.12737/18194.
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On the basis of the provisions of environmental legislation, as well as laws on local self-government of the United States, the European Union and the Commonwealth of Independent States the comparative legal analysis of the self-government authority in the field of environmental protection is given. The specifics of powers of citizens’ self-government institute (mahalla) in the Republic of Uzbekistan in the sphere of environmental protection are determined. The classification of the environmental authorities of self-government bodies in such four key areas as organizing and conducting of environmental education and conservation work on the ground, implementation of public environmental control, the realization of the economic mechanism of nature protection and management in the field of ecology is offered. The conclusion about the possibility of using of the rules laid down in the legislation of studied states in the domestic legislation is made. The priority areas for further extension of powers of environmental government agencies are proposed. The prospects for improving the legal rules for the participation of self-government bodies in the field of nature protection, the expansion of the powers of environmental authorities of the self-government bodies in the field of environmental rights of citizens, as well as the strengthening of mechanisms to ensure environmental information by the selfgovernment bodies are studied.
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Parra Gómez, David. "Crisis of the Rule of Law in Europe: The Cases of Hungary, Poland and Spain." ATHENS JOURNAL OF LAW 7, no. 3 (July 1, 2021): 379–98. http://dx.doi.org/10.30958/ajl.7-3-6.
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Democracy is an instrument at the service of a noble purpose: to ensure the freedom and equality of all citizens by guaranteeing the civil, political and social rights contained in constitutional texts. Among the great principles on which this instrument rests is the division of powers, which consists, substantially, in the fact that power is not concentrated, but that the various functions of the State are exercised by different bodies, which, moreover, control each other. Well, the increasingly aggressive interference of the Executive and, to a lesser extent, the Legislative in material spheres that should be reserved exclusively for the Judiciary, violates this principle and, for this reason, distorts the idea of democracy, an alarming trend that, for some time now, are observed in European Union countries such as Hungary, Poland and Spain. Preventing the alarming degradation of European democracy, of which these three countries are an example, requires not only more than necessary institutional reforms to ensure respect for these principles and prevent the arbitrariness of the public authorities, but also a media network and an education system that explains and promotes these values and principles, that is, one that makes citizens aware of and defend constitutionalism. Keywords: Rule of law; Democracy; Separation of powers; judicial independence; Europe.
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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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Iriarte Angel, J. L., A. S. Linnikov, A. V. Sereda, and A. S. Minakov. "Current ways to protect the rights and ensure the economic security of Russian individuals and legal entities in the context of international economic sanctions." Finance: Theory and Practice 26, no. 1 (February 26, 2022): 198–214. http://dx.doi.org/10.26794/2587-5671-2022-26-1-198-214.
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Restrictive measures, or so-called “sanctions”, were introduced by the countries of the European Union against the Russian Federation, its citizens, and legal entities in 2014. The introduction of restrictive measures was initially seen as a threat to Russia’s economic security and sovereignty, so the Russian authorities were forced to respond by introducing retaliatory measures, or counter-sanctions. The subject of this article is the various possibilities for defending or challenging the imposed restrictive measures provided for by the legislation of the European Union and its member States, as well as the most famous and significant cases of appealing against these sanctions. The aim of the study is to systematize various ways of challenging restrictive measures in the bodies of the European Union, to develop a mechanism for such a challenge, as well as to collect statistical information on completed cases in which sanctions against certain persons were successfully challenged, or the lifting of restrictive measures was refused. The relevance of the topic is expressed in the unrelenting pressure of foreign states on the sovereignty and economic security of Russia. The scientific novelty is due to the lack of systematic research on the mechanisms for challenging sanctions. The authors apply descriptive, historical, and comparative analysis methods. The authors identified a certain mechanism of opportunities and tools for challenging restrictive measures in the bodies of the European Union, as well as defined a chain of actions to launch an appeal mechanism for certain restrictive measures. The authors conclude that stakeholders should initiate and participate in sanctions appeal procedures as there is good practice in lifting restrictive measures.
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А.С., Луценко. "Моделювання ефективного фіскального регулювання економіки України в умовах євроінтеграції." Economics and Management, no. 86(1) (February 28, 2020): 45–58. http://dx.doi.org/10.36919/2312-7812.1.2020.45.
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The experience of fiscal regulation in the countries of the Visegrad Group (Poland, Czech Republic, Hungary and Slovakia), which are relatively new members of the European Union, have carried out quite large-scale consolidation of budgets under the influence of supranational fiscal regulation of the European Union. Specific features of fiscal regulation in the Visegrad Group countries and Ukraine have been identified, namely: low level of social security (compared to EU Member States with developed economies); lower level of budget expenditures to GDP of countries (compared to EU Member States with developed economies); more developed indirect taxation than developed countries. The toolkit of consolidation of budgets in the countries of the European Union is specified: measures of increase of budget revenues (increase of tax rates, expansion of the tax base, refusal of privileges and others); measures to reduce budget expenditures (reduction of public sector consumption through wage cuts and others); measures aimed at changing the pension regime (increasing the retirement age, reducing the payment of pensions); measures aimed at reforming social transfers (reduction of payments, abolition of benefits and bonuses). It is found that two approaches are usually used to determine the budgetary consolidation period of the Visegrad Group countries: a quantitative one that operates on a set of indicators that characterize the volume of fiscal impulse; narrative that relies on monitoring regulatory documents. It was determined that one of the main tools for increasing the budget revenues of the Visegrad Group countries was social payments, which are the most stable sources, which are almost independent of macroeconomic dynamics. This was the reason for the nationalization of the pension system in Hungary and Poland. The mechanism of effective fiscal regulation of the Ukrainian economy is proposed. It is argued that the objects of this mechanism of effective fiscal regulation of the economy of Ukraine are the budgetary and tax systems, and the subjects - the state, represented by bodies and services that apply the methods and instruments of fiscal regulation. The main tasks of this mechanism of effective fiscal regulation of the Ukrainian economy are outlined: balancing of budget indicators; assistance in reducing public debt; optimization of tax burden; control over the impact on GDP growth. The principles of effective fiscal regulation of the Ukrainian economy are highlighted: scientific validity; systematic; legislative regulation; continuity; efficiency; reconciliation of interests; adaptation; complexity.
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Yekimov, Sergey, Oleg Bavykin, Elena Kuznetsova, Roman Kucherenko, and Dmitriy Kucherenko. "Regulation of environmental protection measures in the Caspian Sea region." E3S Web of Conferences 262 (2021): 03002. http://dx.doi.org/10.1051/e3sconf/202126203002.
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Information obtained as a result of monitoring of water bodies is taken as a basis for legal regulation of economic activities related to environmental pollution. In the context of a globalized economy, the strengthening of environmental protection measures in one of the neighboring countries often leads to the fact that the next plant will be built across the border, and its impact on the environment on a global scale will be the same. In this study, the authors studied the problem of finding new ways to solve the environmental problems of the Caspian Sea. The Caspian Sea belongs to Kazakhstan, the Russian Federation, Turkmenistan, Azerbaijan and Iran. to solve the environmental problems of the Caspian Sea, it is necessary to unify the environmental legislation of these countries, similar to the unification of the environmental legislation of the European Union countries.
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Zimmer, Reingard. "Living wages in international and European law." Transfer: European Review of Labour and Research 25, no. 3 (August 2019): 285–99. http://dx.doi.org/10.1177/1024258919873831.
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A number of countries worldwide provide for a statutory minimum wage. Generally speaking, however, it is not a living wage, although the right to a living wage is guaranteed in a variety of agreements under both international and European law. The Council of Europe’s European Social Charter (ESC), for example, codifies a living wage and, according to the case-law of its supervisory body, the level of 60 per cent of the net average wage is to be taken as the basis for appropriate remuneration. This article argues that the Charter of Fundamental Rights of the European Union also incorporates the right to a living wage, which should be at least 60 per cent of the net average wage. The Charter is legally binding for EU institutions, agencies and other bodies. Member States are bound only to the extent that the material scope of the relevant EU laws has been opened, which is the case when EU law is implemented or when obligations arising out of specific Union legislation are required for the relevant subject area, as will be explained in the article. In purely national situations nevertheless, values laid down in international law have to be observed when interpreting national laws.
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Zabrocki, Patryk Roger. "Wpływ współczesnych migracji terrorystycznych na bezpieczeństwo." Studia Prawa Publicznego, no. 2(34) (September 15, 2021): 107–23. http://dx.doi.org/10.14746/spp.2021.2.34.4.
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The premise of this text is to analyze by means of selected examples the issues related to the broad definition of security, and modern and developing terrorist migration. Moreover, the aim of this paper is to approach the subject in question from the perspective of the current legal state by means of the formal and dogmatic method, but also by means of the method of criticism and analysis of the literature, which will allow a full understanding of the shape, functioning and causes of errors of modern security bodies. The above will influence the formulation of de lege ferenda postulates in the conclusion. The European Union is based on solid foundations. So how does globalisation, in its broadest sense, affect the world around us and the elementary values of the modern world? Modern terrorism, which strikes at the security of developed countries, is undoubtedly a global phenomenon that also sows fear for normal existence in one’s own country. Unrestricted, cross-border terrorist activity is leading to intra-community division. This is the result of internal conflicts over common values. The surveillance and detection of migrants from outside the European community who are criminals is becoming a more difficult task with time. This is due to the fact that terrorist organisations operate according to a well-defined plan, creating extensive networks and recruiting new members for their groups in many countries simultaneously. The fight against terrorism is being waged on Europe’s streets and in the homes and schools of its citizens. The struggle for security begins at the borders of European countries. What is crucial in this fight is the latest equipment and cooperation between security bodies, including the special services of all the countries of the European Union and NATO. It is essential to introduce appropriate legislation to limit the free movement of people who commit crimes and to develop methods to distinguish terrorists from economic migrants or refugees. The state must guarantee the security of its citizens and combat terrorism effectively.
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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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Efimtseva, T. V. "Some Approaches to Energy and Environmental Issues in the Legislation of Integration Associations (Example of the European Union and the Eurasian Economic Union)." Lex Russica, no. 8 (August 29, 2019): 164–78. http://dx.doi.org/10.17803/1729-5920.2019.153.8.164-178.
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At the present stage of the European Union development, energy policy is a strategy aimed at achieving the energy independence of the region and ensuring the energy security of all EU members. In this regard, it should be considered reasonable to transfer the issues of energy strategy development to the supranational bodies of the Union. At the same time, energy policy should be considered in close connection with the environmental policy of the European Union, as environmental protection is a topical issue in the European region. The result of cooperation between the countries of Europe is the implementation of such initiatives as the development of renewable energy sources, the production of alternative fuels, the introduction of «green taxes», the operation of a common system of environmental management and environmental audit, the action of a kind of system of environmental certification of products («eco-label»). Similar problems are faced by such an integration association as the Eurasian Economic Union. In this regard, the experience of the European Union should be taken into account when addressing energy and environmental issues in the framework of the common policy of the EAEU Member States. In particular, the paper justifies the necessity of concluding a multilateral agreement on the protection of the environment in the EAEU framework. Currently, the basis of scientific and technical cooperation of the EAEU Member States is the priority technological platforms, which are understood as objects of innovative infrastructure network, making it possible to ensure the integration of states, science and business to combine and concentrate the necessary resources in the most important areas of scientific and technological development of the Eurasian Economic Union, including in the fields of energy and environment.
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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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Nikolic, Dusan. "Elements of judge-made law in Serbia and European Union." Zbornik Matice srpske za drustvene nauke, no. 126 (2009): 7–40. http://dx.doi.org/10.2298/zmsdn0926007n.
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Serbia has developed a legal system of state regulations of the European continental type. The majority of legally relevant relations are governed by norms in the form of laws and other general legal acts adopted by bodies of the legislative and executive branches of government. In accordance with the principle of division of power proclaimed by the constitution, courts are obliged to consistently apply general rules. Judges should apply the law, not create it. In other words, jurisprudence is not considered to be a formal source of law. However, in reality, courts have always played a much more significant role in the process of shaping the legal system. This role has ranged from a very broad interpretation of statutory rules to the creation of individual rules in order to fill legal lacunae, and even creating general legal rules. Evidence of this are the numerous examples from the history of Serbian law, which is briefly outlined in the following pages. The historical overview presents the role of courts in mediaeval Serbia, during the period of uprisings against the Turkish occupation (1804-1830), during the time of the creation of the Kingdom of Serbs, Croats and Slovenes (Yugoslavia), and in the post-revolutionary period in socialist Yugoslavia. Particular emphasis is placed on the mixed legal system with elements of judge-made law developed on the territory of the Province of Vojvodina between the two World Wars. In the second part of the paper, the role of courts in the modern law of Serbia is discussed. In that context, mention is given to constitutional approaches, current trends and the informal influence of courts in the process of shaping the legal system. A few pages have been dedicated to the problems facing courts in Eastern European in the period of transition. This primarily relates to the implementation of the community acquis which is developing at an alarming speed with far-reaching consequences for legal, economic and social stability in many countries, as well as the European Union itself. The acceptance of high and often objective unachievable legal standards widens the gap between the normative and the actual. Legal insecurity rises, and with it, mistrust in state institutions, including the courts, which carry particular responsibility for the creation of a new legal environment. The concluding segment of the paper is devoted to the role of courts in a future European law. In that context, current trends in the European Union are presented. Special consideration is given to the broad competencies of the Court of Justice of the European Communities, which delve as far as creating legal rules. Changes taking place in Europe point to the need to reconsider traditional teachings on the division of power and redefine the position of courts.
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Kashirkina, Anna, and Andrey Morozov. "Theoretical Approaches of the European Commission for Democracy Through Law (the Venice Commission) to the Assessment of Anti-Terrorism Legislation: international Legal Discourse and Implementation Problems." Russian Journal of Criminology 14, no. 3 (June 30, 2020): 411–22. http://dx.doi.org/10.17150/2500-4255.2020.14(3).411-422.
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The topic of the article is highly relevant due to the importance of basing the legislative regulation of counter-terrorism activities on international treaties in this sphere. Besides, the legislative regulation of counteracting terrorism should be developed in accordance with the current international law acts and should take into account international obligations that they entail. The authors believe that the improvement of counter-terrorism legislation is facilitated by the work of the European Commission for Democracy through Law (the Venice Commission), which conducts an expert evaluation of the national legislations of member states. The goal of this research is to analyze the current international law regulation in the sphere of counteracting terrorism and in identifying the specifics of its application by the Venice Commission in its assessment of national counter-terrorism legislations. The authors examine some issues connected with the work of the Venice Commission on preparing conclusions and recommendations that contain its assessment of the counter-terrorism legislation of a number of countries (the Republic of Moldova, the French Republic). They note the specifics of the work of the Venice Commission as a special auxiliary body of the Council of Europe that analyzes and assesses the legislative acts of member states based on the poly-functional guidelines of the Council of Europe. While assessing national legislations, the Venice Commission uses international law acts that contain, among other things, universally recognized principles and norms of international law, so the authors of the article show the significance of the international law regulation of counteracting terrorism through international treaties both between different countries and under the aegis of international organizations and integration unions; they also identify the problems connected with their implementation in national legislations. Based on the conducted research, the authors come to the following conclusions: the legislative regulation of counteracting terrorism should be amended with strict observance of the universally recognized principles and norms of international law incorporated, among other things, in international treaties; it is necessary to develop the international law regulation in the sphere of counteracting terrorism while taking into account new challenges and threats brought about by globalization and use the potential of international law instruments; international bodies play an important part in improving national counter-terrorism legislations, specifically, the Venice Commission, which, through its expert work, contributes to the development of legislation based on international legal acts.
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HAXHIU, Sadik, Urtak HAMITI, and Gani ASLLANI. "Representation of National Minorities in State Institutions Through Quotas in The Region of South East Europe." Journal of Advanced Research in Law and Economics 9, no. 1 (September 21, 2018): 106. http://dx.doi.org/10.14505//jarle.v9.1(31).14.
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Modern democratic societies and countries that are based on democracy, rule of law, respect of human rights and freedoms base those values in electoral systems and free and fair elections that legitimize the power of the people through their representatives. Norms for democratic electoral systems were set by various international institutions such as United Nations, Council of Europe, Organization for Security and Cooperation in Europe, and European Union. Although not all of the countries of the region of South East Europe are members of most relevant international institutions, they have adopted democratic norms concerning elections that are set by international institutions. Representation of national minorities in state institutions, legislative and executive branches, as well as other public institutions, through electoral systems or through constitutional and legal quotas, in some cases based on electoral systems or through political appointments, is the key ingredient of a full-functioning democratic order. This is even more important in the countries of South East Europe, many of which have been established in recent history, where the boundaries are geographic and are not set along ethnic lines. Most of the countries, regardless of the democratic elections, have opted for the system of quotas for their national minorities, in terms of their representation in state and public institutions, with the sole aim of bringing them on-board with the representatives of national majority to create democratic governing decision-making bodies.
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Khorlo, N. F. "Application of National Sectors in the Procedure of NDT Personnel Certification." Metrology and instruments, no. 1 (March 2, 2020): 45–53. http://dx.doi.org/10.33955/2307-2180(1)2020.45-53.
Full textAbstract:
A comprehensive analysis of the concept “sector”, as one of the main components of the certification area of a specialist in non-destructive testing (NDT) in accordance with the requirements of the international standard EN ISO 9712, was carried out. Features and differences of the lists of sectors regulated by regulatory documents that establish the requirements for certification of NDT personnel are considered in the voluntary (DSTU EN ISO 9712) and legislatively regulated (NPAOP 0.00-1.63-13) areas of Ukraine. The features of the areas of accreditation of Personnel Certification Bodies (OSB) in the field of non-destructive testing of Ukraine and some countries of the European Union are considered. The analysis of sectors with which non-destructive testing personnel is certified was performed. Personnel certification bodies accredited by the National Accreditation Agency of Ukraine (NAAU) and national accreditation bodies of the Great Britain, Germany and Nordic countries in accordance with the requirements of the international standard EN ISO / IEC 17024. The differences in product and manufacturing sectors regulated by the standard EN ISO 9712 and established by the areas of accreditation of PCB in the field of non-destructive control of Ukraine and selected European countries. The basic principles are stated in accordance with which an additional (national) sector should be created. On the example of the analysis of differences in the production sectors “production” and “control before and during operation, including production” according to EN ISO 9712, various aspects of non-destructive testing that affect the criteria for the formation of additional (national) production sectors were considered. The possibility and appropriateness of introducing national sectors into the certification procedures of Personnel Certification Bodies for non-destructive testing in Ukraine are considered.
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Ольга Павлівна Рудницька. "LEGAL REFORMS IN UKRAINE AND POLAND: COMMON AND DISTINCTIVE FEATURES." Intermarum history policy culture, no. 5 (January 1, 2018): 341–51. http://dx.doi.org/10.35433/history.111825.
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The article investigates the processes of carrying out legal reforms in Ukraine and Poland, their comparative analysis is made. The author has studied Poland's experience in implementing legal reforms. It is found out that one of the most important factors influencing positive changes in this country is the separatedness of the Polish power from business. In addition, the fight against corruption has become one of the decisive factors for successful reforms. It is concluded that as a result of long-term reforms, in particular legal, Poland has become one of the most stable economies in Europe.It is determined that the creation of a civil society, the formation of Ukraine as a democratic, socially oriented, rule of law state, is impossible without legal reforms implementation. The author proves that Ukraine has made successful steps to bring up the national legislation closer to the EU legislation. It is stated that European integration for Ukraine is an opportunity to modernize the economy, attract foreign investments, overcome technological backwardness, create new jobs, increase the competitiveness of the domestic commodity producer, enter the world markets.The author has studied that the reform of the prosecutor's office is carried out in Ukraine and Poland at different legislative levels, which is related to a different legal status of these bodies. The reform of the judicial system of Ukraine is analysed, in particular, the transition to the tripartite system of courts, the formation of new higher specialized courts in the system of judicial system: the Supreme Court on Intellectual Property and the Supreme Anticorruption Court. The experience of the territorial communities functioning in Poland and Ukraine is studied, their main general and distinctive features are outlined.It is concluded that the legal reform in Ukraine should be conducted taking into account positive experience of the European Union countries, specifically, one of the closest western neighbors, Republic of Poland.
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Akhmadzoda, N. S. "Foreign Experience of State Activities in the Digital Environment." World of Economics and Management 21, no. 1 (2021): 104–18. http://dx.doi.org/10.25205/2542-0429-2021-21-1-104-118.
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The article considers the issues of state regulation of investment activity in the digital environment using the example of the USA, the European Union, Japan and the BRICS countries. In the era of computers and high technologies, the digital economy affects all spheres of life: healthcare, education, Internet banking, and government. The digital economy is developing in all highly developed countries, including Russia. Currently, the concepts of the formation and development of the digital economy in modern developed countries are defined differently. The main problems in regulating relations related to the development of the digital economy are identified both at the level of legislative acts and at the level of by-laws; in strategic documents at the national level. The purpose of this article is to study the foreign experience of state regulation of investments in the digital economy. The theoretical and methodological basis of this article was the research of Russian and foreign scientists studying the content and forms of state regulation of the investment process, expert and analytical materials of public servants, materials of scientific conferences and seminars. A database for substantiating conceptual provisions: information materials of the Federal State Statistics Service of the Russian Federation and its regional bodies, a number of research institutes, analytical materials of Russian and foreign financial institutions, regulatory legal acts and official materials of federal and regional authorities. In the process of the study, methods of logical, statistical and system analysis, methods of modeling and expert evaluation were used.
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Klym, Andrii-Vitalii. "Customs Policy of Ukraine in the Context of Modern Social Challenges." Democratic governance 29, no. 1 (August 31, 2022): 128–40. http://dx.doi.org/10.23939/dg2022.01.128.
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Formulation of the problem. At the present stage of development of the Ukrainian state there is a difficult economic situation caused by the pandemic and Russia’s military invasion into Ukraine. Undoubtedly, this affects all spheres of life of Ukrainian society, including the implementation of the customs policy. This provides grounds for the discussion about the objective need to pay more attention to the development and improvement of customs policy, implemented in Ukraine. The key role is given to the state, called to regulate these processes. An effective customs policy must respond flexibly to external threats and counteract quickly all the possible negative consequences of such threats towards strengthening economic interests of the state and maximizing compliance with international rules and requirements in the national customs system. The customs policy is designed to regulate foreign trade and protect of domestic producers, ensure realization of national interests in the field of stimulating the development and restructuring of the national economy. Analysis of recent research and publications. A significant number of scholars study the peculiarities of customs policy implementation and consider this multifaceted phenomenon from different points of view. In particular, it is worth mentioning such scientists as M. Bilukha, O. Hodovanets, T.Yefymenko, I. Kveliashvili, O. Kolomoiets, Martyniuk, O. Mosiakina, V. Pashko, V.Khomutynnik, and others. Their works are devo- ted to the general issues of implementation of the customs policy in Ukraine, the role of cus- toms in the system of state bodies, management of customs activities and customs control. Distinguishing previously unsolved parts of the overall problem. Dynamic changes taking place in Ukrainian society today, in particular, hostilities in Ukraine, determine the need for a deep and unified understanding of the implementation of customs policy in the context of modern challenges, which necessitates further research in this field. Presentation of the main material of the study. The system of customs authorities is designed to implement customs policy in the country on the basis of the principles of territorial organization, foreign economic activity and international cooperation defined in the Constitution. The main legislative act regulating legal relations in the country and, in particular, in the field of customs policy, is the Constitution of Ukraine. A brief overview of the peculiarities of functioning of the customs authorities of developed countries shows their universality and management of tasks far beyond the scope of powers that is inherent in the Ukrainian customs authorities. In other words, customs authorities of Ukraine are characterized by narrow specialization and fulfillment of only those responsibilities that directly belong to the field of customs policy of the state. Foreign experience makes it possible to understand, which direction the Ukrainian state is moving in view of the unification of domestic customs policy. Thus, having chosen the European integration course, Ukraine has embarked on the path of expanding foreign economic ties and deepening cooperation with European countries. Accordingly, the customs policy of Ukraine, based on the legislative and regulatory framework built on European standards and which is designed to regulate legal relations arising between entities when crossing the customs border, gains particular importance. Customs legislation is very dynamic and constantly unified, as the state needs constant integration with the countries of the European Union and deepening relations with them within free economic zones. In particular, emphasis should be placed on Ukraine’s accession to the World Trade Organization. This fact, as well as the European integration aspirations of Ukraine, limit the sovereignty of Ukrainian legislation in the field of customs policy. After all, the World Trade Organization proclaims a course to reducing barriers in trade and exchange of goods and services between the member states, as well as to elimination of non– tariff methods of regulating international economic relations, and the constant reduction of import tariffs. Thus, Ukraine must adjust its legislative and regulatory framework in the field of customs policy to the standards and requirements of the World Trade Organization and the European Union. The following main areas of improvement of customs policy were identified: implementation of international standards and requirements for increasing the level of protection of national interests of the state; simplification of customs procedures to reduce the number of abuse in this area; increasing the efficiency of detection and counteraction to negative phenomena in the field of foreign trade; improving the implementation of foreign economic activities and creating optimal conditions for the participants. Conclusions. Thus, the customs policy in Ukraine has had sufficient regulatory and legislative support in recent decades. At the same time, given Ukraine’s desire to integrate into the European environment, cooperation with the World Trade Organization and other international organizations, it is necessary to increase attention to the regulatory framework of customs relations. Priority of international treaties over domestic Ukrainian legislation indicates the need to unify the legislation of Ukraine and bring it in line with international norms and standards.
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Vasylyk, Iryna. "CONFLICTS IN LEGAL PRACTICE." Almanac of Ukrainian Studies, no. 25 (2019): 29–33. http://dx.doi.org/10.17721/2520-2626/2019.25.5.
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The article deals with the problem of the legislative regulation of advocacy done by the Law of Ukraine on the Bar and practice of law from 2012 and the Rules of the Bars’ ethics confirmed by the electing meeting of the Bars of Ukraine on June, 9th 2017. The structure and competence of the Ukrainian national bodies of the lawyers’ self-governance crated according to the Law from 2012 and after the requirement of the Council of Europe as a precondition of the membership of Ukraine on the European Union are also outlined. The author illustrates the main types of conflicts that a lawyer encounters during his / her professional activity like the conflict situations, conflicts and the tense conflicts and proposes the ways to reconcile them. It is shown, that the most effective ways to reconcile conflicts are compromises and negotiations. Such methods of conflict’s reconciliation often used in the lawyers’ milieu without significant positive results as the blackout of conflicts or attempts to salve them are also mentioned. Special attention is paid to the very important question of entrance of the Ukrainian Bars to the leading European and world lawyers and legal societies which became possible only after the creation of the Ukrainian National Bar Association as the national regulator in the lawyers’ profession. The author has reviewed the requirements of the Ethics Rules of European Union’s countries regarding the resolution of lawyers' conflicts with colleagues and clients, a.o. from foreign countries. The author has also analyzed the Ukrainian Ethics Rules regarding the most common conflicts in the activity of Ukrainian lawyers, in particular regarding conflicts of interest, the combination of legal practice with public, scientific and journalistic activities, as well as lawyers’ activities and communication on the Internet.
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McDonagh, Maeve. "FOI in Ireland and Europe: Progress and Regression." International Journal of Legal Information 29, no. 2 (2001): 256–71. http://dx.doi.org/10.1017/s0731126500009422.
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There has been a high level of activity in the development of standards concerning access to public sector information in Europe in recent years. At domestic level, freedom of information (FOI) legislation has been introduced to the overwhelming majority of member states of the European Union and to a number of former Eastern bloc countries. Freedom of Information has also increased its impact at supra national level, both in terms of progress towards the development by international bodies such as the European Union and the Council of Europe of FOI norms for their Member States and with respect to the opening up of access to documents of the international institutions themselves. There is, however, considerable variation in the content and scope of the various FOI measures introduced. The aim of this paper is to assess the scope and operation of two contrasting examples of recently introduced or proposed FOI measures, namely the Irish FOI Act and the proposed Regulation on Access to Documents of the European Institutions. The overall theme of the paper is that strong FOI measures are needed to combat the tendency toward secrecy in public administration in Europe but that even where access measures are relatively strong in their formulation, their effectiveness can be limited through under-funding or more direct interference with the operation of the access scheme.
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Pertsev, R. "INTERNATIONAL EXPERIENCE IN ANTI-THEFT OF CATALYTIC CONVERTERS INSTALLED IN CARS." Archives of Criminology and Forensic Sciences 3 (October 3, 2021): 65–71. http://dx.doi.org/10.32353/acfs.3.2021.06.
Full textAbstract:
Recently, there has been increase in the number of property crimes in the world, including theft of external car parts.
The number of thefts of catalytic converters installed in cars of various brands has sharply increased due to a significant increase in the value of precious metals such as platinum, palladium and rhodium. The reason for a sharp increase in the number of crimes of this particular car part is small amounts of the mentioned precious metals in the catalytic convertors.
The purpose of this article is to consider this problem faced by law enforcement and legislative bodies in many countries and to propose certain ways for its solution.
The article provides an overview of the situation with thefts of catalytic converters in the countries of the European Union, the United States and Israel. Detailed reasons for the occurrence of this problem are provided, as well as measures to protect a car from the theft are suggested.
Possible legislative and investigative-forensic actions to prevent this type of crime are considered:
- law enforcement agencies investigating this type of crime should clearly understand that we are not talking about isolated, unrelated cases, but about well-planned actions of criminal groups.
- increase in control over purchase and sale of metal carried out without accounting and corresponding documentation and amendments to the administrative procedural code also require strengthening.
- applying a special forensic marking on parts, including on a catalytic converter, will allow to track its location and provide full information to law enforcement agencies from which vehicle it was stolen in the event of its theft.
- inspection and examination by a forensic expert of vehicles and other physical evidence left by criminals at crime scenes for criminals’ fingerprints and DNA profiles will help to significantly increase the detection rate of this type of crime.
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Gurchumeliia, Y. "Legal and practical aspects of international cooperation of territorial communities through the prism of the implementation of the european neighbourhood policy." Uzhhorod National University Herald. Series: Law 1, no. 73 (December 9, 2022): 42–47. http://dx.doi.org/10.24144/2307-3322.2022.73.7.
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The legal grounds for establishing cooperation between local self-government bodies and territorial communities of foreign countries, which are subjects of cross-border cooperation are considered in the article.
It has been established that local self-government bodies carry out their activities in accordance with and within the limits of current legislation. The basic international legal acts and legal acts of Ukraine, which regulate the process of formation and functioning of local self-government bodies, define the list of functions and powers exercised by such bodies independently, determine the role and place of territorial communities in the development of cross-border cooperation.
The main factors that influence nowadays the formation and effective functioning of local communities are analyzed. Particular attention is paid to the communities located within the Transcarpathian region on the state border with the member countries of the European Union. It has been established that such a geographical position, in turn, leads to the intensification of international and cross-border cooperation and contributes to the further sustainable development of territories.
The subject of Ukraine's participation in the programs of the European Neighbourhood Policy (hereinafter - ENP) is disclosed, the main advantages are characterized and the existing shortcomings are identified. It has been studied that Ukraine takes part in a number of cross-border programs within the framework of the ENP and contributes both to the Europeanization of Ukrainian society and to an increase in the standard of living of the population in the border areas of countries that are partners in cross-border projects through international technical assistance projects.
Another opportunity for the participation of local communities in the development of international cooperation, which is membership in the Council of European Municipalities and Regions (CEMR) is considered. A special role is given here to cities in communities and the wide possibilities of establishing municipal partnerships and the formation of national and international associations. It has been proven that the creation of such organizational forms of international cooperation and the participation of territorial communities in them is an additional stimulus for the development and implementation of joint international programs and projects between municipalities.
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Kobzeva, T. A., and G. Yu Mykhnovsky. "SOCIAL AND LEGAL PROTECTION OF ORPHAN CHILDREN AND CHILDREN DEPRIVED OF PARENTAL CARE." Legal horizons, no. 19 (2019): 36–41. http://dx.doi.org/10.21272/legalhorizons.2019.i19.p36.
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This article is devoted to the study of the social and legal protection of orphans and children deprived of parental care in Ukraine and other countries of the world. The authors revealed the concept, nature, regulatory framework, types of bodies, state financial support, and directions of improving the protection of orphans and children deprived of parental care. It was emphasized that the social and legal support for the protection of the rights of orphans and children deprived of parental care in Ukraine needs to be further improved due to the issues of legislative consolidation and their practical implementation. According to our study, we conducted a statistical analysis of the number of orphans and children deprived of parental care, as well as of persons receiving retirement benefits. A number of scientific studies have been analyzed by scholars in the field of social assistance, labor law, and other jurisprudence related to retirement loss. Among the main areas of improvement, it was decided to amend the current legislation of Ukraine on the delimitation of the mediation activities regarding the adoption and professional activity of teachers and patron educators. Accordingly, recommendations were made regarding the possibility of establishing orphanages or foster homes, abandoning the system of general-type orphanages, and improving the conditions for the provision of foster care to a child. It was also proposed to create a legal framework that would regulate financial assistance for families with children and by improving the funding of regions, their programs, and strategies, and improving their financial situation. These regulatory issues have been analyzed with the addition of practical research from other scholars and jurisprudence. Ways of their solution and improvement of the current legislation have been adopted and developed on the basis of a thorough analysis of the legislation of the European Union countries. Keywords: legal regulation, social and legal protection, orphan, deprived of parental care, boarding school.
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Yotova, Lazarova, Kudłak, Zlateva, Mihaylova, Wieczerzak, Venelinov, and Tsakovski. "Assessment of the Bulgarian Wastewater Treatment Plants’ Impact on the Receiving Water Bodies." Molecules 24, no. 12 (June 18, 2019): 2274. http://dx.doi.org/10.3390/molecules24122274.
Full textAbstract:
Deterioration of water quality is a major problem world widely according to many international non-governmental organizations (NGO). As one of the European Union (EU) countries, Bulgaria is also obliged by EU legislation to maintain best practices in assessing surface water quality and the efficiency of wastewater treatment processes. For these reasons studies were undertaken to utilize ecotoxicological (Microtox®, Phytotoxkit FTM, Daphtoxkit FTM), instrumental (to determine pH, electrical conductivity (EC), chemical oxygen demand, total suspended solids (TSS), total nitrogen (N) and phosphorus (P), chlorides, sulphates, Cr, Co, Cu, Cd, Ba, V, Mn, Fe, Ni, Zn, Se, Pb), as well as advanced chemometric methods (partial least squares–discriminant analysis (PLS-DA)) in data evaluation to comprehensively assess wastewater treatment plants' (WWTPs) effluents and surface waters quality around 21 major Bulgarian cities. The PLS-DA classification model for the physicochemical parameters gave excellent discrimination between WWTP effluents and surface waters with 93.65% correct predictions (with significant contribution of EC, TSS, P, N, Cl, Fe, Zn, and Se). The classification model based on ecotoxicological data identifies the plant test endpoints as having a greater impact on the classification model efficiency than bacterial, or crustaceans’ endpoints studied.
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Voloshyn, Yuriy, and Vladimir Proschayev. "Intelligence bodies of the state in the mechanism of ensuring the constitutional rights and freedoms of man and citizen: international standards and legislation." Slovo of the National School of Judges of Ukraine, no. 3(32) (December 18, 2020): 6–18. http://dx.doi.org/10.37566/2707-6849-2020-3(32)-1.
Full textAbstract:
The place and role of state intelligence bodies in the mechanism of ensuring constitutional rights and freedoms of man and citizen according to international standards and in the light of the newly adopted Laws of Ukraine «On the Foreign Intelligence Service of Ukraine» and «On Intelligence» are studied. It is proved that in Ukraine, as in other post-Soviet states that did not have intelligence legislation, but began to create it after the declaration of independence, the process of constitutional and legal regulation of intelligence agencies consisted of four stages (transitional, initial, basic and modern). Describing each stage, the authors stressed that the Ukrainian legislator is now in the fourth stage, which is characterized by the improvement of already adopted legislation on intelligence activities or the adoption of completely new laws based on new versions or amendments to constitutions (basic laws). It is emphasized that Ukraine has been one of the first states in the territory of the former USSR to adopt the fourth (modern) stage since the adoption of new legislative acts on the activities of intelligence agencies. Undoubtedly, the impetus for this was the amendment of the Constitution of Ukraine on the strategic course of the state to become a full member of Ukraine in the European Union and the North Atlantic Treaty Organization, which radically changed the direction and direction of intelligence use of available forces and means. It is noted that the newly adopted legislation was developed not out of thin air, but based on a set of already adopted regulations that fully reflect the complex threatening situation around Ukraine and clearly indicate the place of intelligence agencies in a single system of national security. It was necessary to summarize all the adopted preliminary normative material and summarize it in new legislative acts, which would in a new way regulate all issues of intelligence functioning in modern difficult conditions. The main positive points in the newly adopted laws are identified, namely: 1) granting categories that were previously used only in the theory of intelligence, the status of legal categories, which indicates the beginning of the process of forming a completely new set of special legal terms; 2) inclusion in the text of a separate article on the observance of human rights and freedoms in the conduct of intelligence activities; 3) inclusion in the Law of Ukraine «On Intelligence» of a separate section on the peculiarities of democratic civilian control over intelligence; 4) granting the right to intelligence agencies to conduct intelligence affairs. It is proposed to consider in the Ukrainian legislation some legal provisions of the legislation of European countries regarding parliamentary control, which, according to the authors, will significantly increase the effectiveness of control. It is substantiated that the Law of Ukraine «On Intelligence» should contain: - a list of principles of intelligence activities must be defined; - the obligation of the authorized judge of the court to draw up a decision on the refusal to grant permission to conduct an intelligence event is more correctly formulated; - the right of intelligence agencies to provide training, retraining and advanced training of persons involved in confidential cooperation, in the manner prescribed by law for intelligence officers, is more clearly defined. It is concluded that the newly adopted laws provide comprehensive guarantees of compliance with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and fully reflect the needs of intelligence agencies in the legal regulation of their activities in modern conditions.
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Irkliienko, Andrey. "A bicameral parliament in the context of forming constitutional democracy." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 136–39. http://dx.doi.org/10.36695/2219-5521.1.2020.26.
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The article analyzes peculiarities of formation of a two-house parliament in the conditions of constitutional democracy. It has been established that parliamentarism, which theoretical origins date back into the doctrines about folk and national sovereignty, is logically connected with the establishment of principles of the supremacy of law and democracy in society and the state, with the implementation of effective mechanisms to guarantee constitutional human rights, as well as with the formation of such institutions that would ensure the most complete and comprehensive conduction of its functions and meeting the needs of society.
Ukrainian parliamentarism has long-standing historical roots. Modern legal scholars consider that there are a few precursors of national parliamentarism. These are Viche democracy and feudal congresses in Kyievan Rus, Cossack councils and Cossack democracy in general, the activities of the Central Rada and even to some extent the “parliamentarism” of the Soviet era. However, the establishment and development of full-fledged national parliamentarism became possible only after Ukraine’s independence in 1991.
It has been summarized that nowadays, comprehensive outspread of the theory and practice of bicameralism should be recognized as one of the most distinctive tendencies of genesis of modern constitutionalism. In the last decades, many countries around the world, regardless their state form of government, have intensified processes of transition to a bicameral structure of a parliament. Even if in the early 70’s of XX century two-house parliaments functioned in 45 countries in the world, in 2008 their number reached 70. Yet, another ten more countries are preparing to switch to the bicameral structure of their parliaments.
Currently, two-house parliaments have ceased to be a tribute of historical traditions of constitutionalism or some “anomaly” of the state legal development of countries, which are united by one legal system. Bicameralism has become a daily political and legal phenomenon for a large number of population of our planet. These are the most economically developed countries of the world that have chosen such a system of parliamentarism at present. Therefore, out of fifteen countries that have the highest indicators of the gross domestic product in the world, only two, that is China and South Korea, have one-house national legislative bodies. It has been recapitulated that the European Union and its member states are gradually asserting bicameralism both in the constitutional theory and in practice. Particularly, two-house parliaments are successfully functioning in such unitary member states of the European Union as Austria, Ireland, Spain, Italy, Poland, Slovenia, Romania, France, the Czech Republic, Switzerland and others.
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Shmorhun, Oleksandr. "Ukraine’s Pretence Democracy Model as a Threat to State Sovereignty in the Context of World Experience." Diplomatic Ukraine, no. XX (2019): 599–613. http://dx.doi.org/10.37837/2707-7683-2019-37.
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The article analyses the main stages of political reform in Ukraine from the point of view of comparative Western political science and taking into account the experience of the political history of developed Western countries of The modern era. It shows the fundamental difference between the real mechanisms and institutions of Ukrainian power from the real democratic standard of Western democracy and effective separation of powers. The article reveals the systemic shortcomings of any parliamentarism in a situation of acute crisis and the mechanisms of falsification of presidential and parliamentary political foundations in the post-Soviet space. Myths about the possibility of democratization of the Ukrainian government and the promotion of Ukraine’s approach to membership in the European Union by introducing the procedure for electing a President in a representative status, which will be carried out by the legislative body, are refuted. The author of the article argues that it is now advisable to take advantage of the General positive trend in Ukrainian politics – the transition from the previous presidential-parliamentary model to a parliamentary-presidential Republic. And complete the process of democratization of the Ukrainian government by introducing a purely parliamentary Republic in Ukraine. However, it is important to note that even the founders of European parliamentary republics are aware that numerous collegial bodies cannot be effective in emergency situations. It has been well known since ancient times that a consistently collegial structure and decision-making mechanism does not eliminate the danger of shadow tyranny. It is noted that the development of a full-fledged model of presidentialism will actually contribute to improving the efficiency of the Ukrainian government. But the right to develop and implement such a model should only be granted to political forces that actually demonstrate their ability to protect national Ukrainian interests. Keywords: Ukrainian political reform, parliamentary-presidential Republic, constitutions of post-Soviet countries, European political history.
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Lokshyna, Olena. "Quality assurance of higher education under europeanization of Ukraine." Continuing Professional Education: Theory and Practice, no. 3-4 (2018): 127–32. http://dx.doi.org/10.28925/1609-8595.2018.3-4.127132.
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The article highlights the European progress of the Ukrainian higher education within the framework of the Association Agreement between Ukraine and the European Union and on the basis of Ukrainian legislation (Laws of Ukraine «On Higher Education» (2014) and «On Education» (2017), underlines that European integration of Ukraine is the strategy of development of the Ukrainian state, and the integration of the higher education system of Ukraine into the European Higher Education Area is recognized as one of the principles of state policy in the field of higher education. It is determined that the quality assurance system of education, defined by the Ukrainian legislation, consists of a quality assurance system in educational institutions (internal quality assurance system); external quality education system; quality assurance systems in the activities of the governing bodies and institutions that carry out external quality assurance of education. It corresponds to the European philosophy and practice of ensuring the quality of education. The characterization of the essence of Europeanization and Europeanization of higher education, European benchmarks in the field of higher education in the European Higher Education Area are provided. The author emphasizes that the dynamics of the implementation of these standards by the countries varies, although the commonality is the introduction of systems of internal quality assurance, external quality assurance, creation of an institution for the quality assurance of higher education. The challenges that exist on the way of synchronization of the quality assurance system of higher education in Ukraine with the European standards, as outlined in the Standards and Recommendations for Quality Assurance in the European Higher Education Area, are highlighted. A conclusion is made about the dynamic progress of the Europeanization of higher education in Ukraine and the need for further synchronization with European standards.
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Koźmiński, Krzysztof. "Bank loans denominated and indexed to foreign currency ‒ a Polish, Ukrainian or Europe-Wide problem?" Studia Iuridica 71 (November 20, 2017): 117–0. http://dx.doi.org/10.5604/01.3001.0010.5817.
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The institution of a bank mortgage denominated/indexed to foreign currency (referred to generally and not very precisely as “foreign currency loan” or “loan adjusted to foreign currency”) is an instrument commonly used by a broad group of citizens of European states for acquiring capital with a view to purchasing a housing unit. Until recently, such loans were popular not only in Poland and other countries belonging to the so-called “New Union” (those whose accession took place within the last decade or so: Czech Republic, Slovakia, Romania, Hungary and Croatia), Austria, Spain, Italy, Portugal, but also outside of the borders of the Union: in Russia, Serbia and Ukraine (however, one difference was the currency in which obligations were evaluated – whilst loans in EU countries were dominated by the Swiss Franc, Ukrainian lendees more frequently relied upon loans “adjusted” to the U.S. dollar). Regardless of differences persisting in legislative regimes, peculiarities of national legal systems and local economic and social conditions, in all those countries doubts have arisen whether a drastic change in currency rate (which results in an obligation to pay off a loan on conditions much less attractive than beforehand) constitutes a legally relevant circumstance that could permit one to release oneself from having to perform one’s contractual duties or, at least, facilitate granting some relief in fulfilling increasingly more onerous obligations towards banks. To discuss the permissibility and legal aspects of foreign currency loan contracts is complicated not only from the juridical point of view, but is also of interest to society, politics and economics. Still, the problem attracts strong emotions, particularly among lendees who took out a foreign currency loan and now feel deceived due to a change of the currency rate. The lendees and their organizations often expect involvement, particularly from EU bodies, where, in their estimation, domestic authorities have failed or “succumbed to the banking lobby”. Unfortunately, having observed the course of events over the last several years, one may surmise that the low number of judgments in cases concerning denominated bank loans, and especially the sceptical approach of the Court of Justice, have generated a lot of disappointment.
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Hopley, P. T. "Striking the balance: a chicken meat producer's view." BSAP Occasional Publication 23 (January 1999): 11–13. http://dx.doi.org/10.1017/s0263967x00033164.
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AbstractWe are now trading in a world market and it is vital we are aware of the chicken meat production systems and ethics employed in other European and third world countries. All these countries have generally a lower cost of production than the United Kingdom. The strength of the United Kingdom industry is the level of efficiency and biological performance and we must be careful not to load excessive additional cost onto our industry by the introduction of onerous welfare legislation. One of the major points of difference between the United Kingdom and the rest of the world is that of stocking density. In the United Kingdom stocking density is laid down in the ‘Codes of Recommendations for the Welfare of Livestock — Domestic Fowls’. The pace of change within the industry has made this single figure approach obsolete. Industry bodies, such as the British Poultry Meat Federation and the National Farmers' Union, have an important rôle in representing producers' views to Government and consumers. We need more concentration and funding on research and finding solutions, and less on ever more ways of measuring problems.
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Rіeznikov, Valeriі. "State industrial policy in conditions European integration of Ukraine." Public administration and local government 45, no. 2 (July 23, 2020): 146–53. http://dx.doi.org/10.33287/102030.
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Since the beginning of 2020, there have been crisis phenomena around the world due to the global slowdown in economic growth and the introduction of quarantine due to the coronavirus pandemic. In this situation, the most vulnerable are developing countries with a small margin of safety, which, unfortunately, also applies to Ukraine, whose economy is open and highly dependent on external markets.
Due to the slowdown in the growth of the global economy, the situation in one of the main export industries of Ukraine – industry is deteriorating first of all. The European Union has become one of the important export markets for Ukraine’s industrial products in recent years, which has raised the issue of shaping a relevant state industrial policy in today’s challenging environment. The purpose of the article is to determine the directions of formation and implementation of state industrial policy in the conditions of European integration of Ukraine in modern conditions. In 2020, due to the economic crisis and the pandemic of the coronavirus, the Ukrainian industry may lose even more due to low demand for ferrous metals in world markets, including in EU countries.
The Agreement on Conformity Assessment and Acceptance of Industrial Products is a way of eliminating technical barriers to trade between Ukraine and the EU. The Agreement on Conformity Assessment and Acceptance of Industrial Products is a type of mutual recognition agreement that requires a partner country to align its legislation, practices and infrastructure with EU rules.It is envisaged that in the sectors covered by this Agreement, Ukrainian exporters will be able to label their products with the CE mark and to sell them freely on the EU market without additional EU certification. Potentially, the Agreement on Conformity Assessment and Acceptance of Industrial Products could cover up to a fifth of Ukraine’s exports to the EU, notably mechanical engineering products. The formation and implementation of state industrial policy in the conditions of European integration of Ukraine should take place using the following algorithm:1. Study of the new EU Regulation 2019/1020 of 20.06.2019 on market surveillance and conformity of products and elaboration of relevant amendments to the legislation of Ukraine.2. Concentration of the function of legal coordination of draft regulatory acts (including technical regulations) aimed at implementing the Association Agreement and preparation for the Agreement on Conformity Assessment and Acceptance of Industrial Products in one state instance, equipped with specialized personnel with adequate knowledge of EU law and languages.3. Strengthening the requirements for the accreditation and oversight process for accredited bodies, as well as the process of designating and monitoring conformity assessment bodies to ensure that their technical competence is adequate and to prevent fraud and the use of fraudulent practices.4. In the absence of a rapid prospect of concluding an Agreement on Conformity Assessment and Acceptance of Industrial Products, the harmonization of procedures and requirements that are too burdensome for exporters and importers, first and foremost.5. Paying particular attention to capacity building of state market surveillance authorities.6. Raising awareness of business entities and enhancing the role of business associations in raising such awareness.7. Increasing the EU’s interest in providing Ukraine with effective technical assistance for the development of legislation and the proper functioning of quality infrastructure and market surveillance authorities.
Introduce the position of Deputy Prime Minister for Industry and launch support programs for the real economy.
Thus, Ukraine’s further integration with the European Union is largely linked to the formulation and implementation of relevant industrial policy, which should be to continue reforming all sectors of the economy, in particular, to modernize the industrial complex. And the signing of the Agreement on Conformity Assessment and Acceptance of Industrial Products in the three priority sectors («industrial visa waiver») in the medium term should become one of the main foreign economic priorities of Ukraine’s European integration in the face of the current challenges of today.
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Stevanovic, Zoran, Vesna Ristic-Vakanjac, and Sasa Milanovic. "Conception to set up a new groundwater monitoring network in Serbia." Annales g?ologiques de la Peninsule balkanique, no. 76 (2015): 47–60. http://dx.doi.org/10.2298/gabp1576047s.
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The Water Framework Directive of the European Union (WFD) adopted in year 2000. outlines number of water policy and management actions, where monitoring is of primary importance. Following WFD principles Serbia adopted new legislation in water sector aiming to conserve or achieve good ecological, chemical and quantitative status of water resources. Serbia, as most of the countries of former Yugoslavia mostly uses groundwater for drinking water supply (over 75%). However, the current situation in monitoring of groundwater quality and quantity is far from satisfactory. Several hundred piezometers for observation of groundwater level under auspices of the Hydrometeorological Service of Serbia are located mostly in alluviums of major rivers, while some 70 piezometers are used by the Serbian Environmental Protection Agency for controlling groundwater quality. Currently only 20% of delineated groundwater bodies are under observation. This paper evaluates current conditions and proposes to expand national monitoring network to cover most of groundwater bodies or their groups, to raise number of observation points to a density of ca. 1 object /200 km2 and to include as much as possible actual waterworks in this network. Priority in selecting sites for new observation piezometers or springs has to be given to groundwater bodies under threats, either to their water reserves or their water chemical quality. For the former, an assessment of available renewable reserves versus exploitation capacity is needed, while to estimate pressures on water quality, the best way is to compare aquifers? vulnerability against anthropogenic (diffuse and punctual) hazards.
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GIOMBELLI, AUDECIR, RICARDO CAVANI, and MARIA BEATRIZ ABREU GLORIA. "Evaluation of Three Sampling Methods for the Microbiological Analysis of Broiler Carcasses after Immersion Chilling." Journal of Food Protection 76, no. 8 (August 1, 2013): 1330–35. http://dx.doi.org/10.4315/0362-028x.jfp-13-004.
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Countries have different official programs and implement different sampling methods for the detection of Salmonella on poultry carcasses. In Brazil, a 25-g sample of skin and muscle excision (SME) from the wings, neck, and pericloacal parts is used; in the European Union (EU), a 25-g sample of neck skin (NSE) is used; and, in the United States, the whole carcass is rinsed with 400 ml of diluent (WCR). In the present study, these methods were evaluated to compare Salmonella occurrence and counts of hygiene indicator microorganisms (Escherichia coli, Enterobacteriaceae, and total viable count of aerobic mesophilic bacteria) using different carcasses from the same flock and also using different analytical units taken from the same carcass. Eighty flocks, with four broiler carcasses from each, were included in this study; three broilers were sampled according to protocols from Brazil, the EU, and the United States, and the last one by all three methods. SME, NSE, and WCR provided equivalent results (P > 0.05) for Salmonella detection on broiler carcasses when using different carcasses from the same flock and when using the same carcass. The predominant serovar was Salmonella Enteritidis. For the enumeration of hygiene indicator microorganisms, WRC provided higher counts than SME or NSE (P < 0.05), when using both the same or different carcasses. Therefore, it is possible to directly compare Salmonella results in poultry carcasses when using the methods recommended by the legislative bodies of Brazil, the United States, and the EU. However, WCR provides the best results for hygiene indicator microorganisms.
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Solovei, A. "Features of the legal regulation of the adoption of children by foreigners according to the family legislation of foreign countries." Uzhhorod National University Herald. Series: Law 1, no. 72 (November 16, 2022): 161–65. http://dx.doi.org/10.24144/2307-3322.2022.72.27.
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In the scientific article, the author conducted a scientific study of the foreign experience of legal regulation of the adoption of children by foreigners, primarily according to the legislation of the European Union states and states adjacent to Ukraine. Based on the conducted research, the author came to the conclusion that in the practice of states adjacent to Ukraine and states members of the European Union, there are three approaches to determining the procedure for adopting children by foreign citizens: through the definition of a national regime for foreigners, similar to that which exists for citizens of the relevant state (Latvia); through the determination of conflicts of laws with respect to the law applicable to adoption, which are defined in civil codes (Germany, France, Czech Republic) or separate laws on international private law (Spain, Switzerland); due to the establishment of a separate procedure for adoption (Bulgaria, Belarus, Moldova, Ireland) or an exceptional case of adoption of a child by foreigners using the same procedure for adoption, as with national adoption (Poland, Hungary). In the latter case, the possibility of international adoption is provided, if the child, after being transferred to a foster family, was not adopted in the state of his/her citizenship, because the measures taken to adopt the child were not successful, moreover, in Poland, exceptions to this rule are provided when there is a kinship relationship between the adopter and the adopted child or if the adopter has already adopted a brother or sister of the child being adopted. In the Republic of Bulgaria, foreigners wishing to adopt a child must obtain a permit for international adoption from the Minister of Justice, in the Republic of Belarus - in addition to the written permission for adoption from the Minister of Education, it is also necessary to obtain the child's consent for adoption, the child's stay in the relevant register for a year and the absence of an initiative by citizens of Belarus to adopt a child. In the case of international adoption of citizens of the Republic of Moldova, the ethnic origin of the child, his/her belonging to a certain culture, religion, language and other features that deserve attention must be taken into account; persons wishing to adopt a child must submit a special application - for international adoption, to the Ministry of Health, of Labor and Social Protection of the Republic of Moldova and the Department of Social Security and Protection of Family Rights as territorial guardianship bodies carry out preliminary and final selection of foreigners who wish to adopt a child who is a citizen of the Republic of Moldova.
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Rudyk, Petro. "The evolution of standards for the creation and extension of jurisdiction of the Court of Justice of the European Union in the founding instruments of the European Communities and the European Union in the pre-Lisbon period." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 422–26. http://dx.doi.org/10.36695/2219-5521.2.2020.83.
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The gradual evolution of the standards of the founding instruments of the European Communities and then the European Unionin the field of their judicial systems, which is subject to the integration processes in Europe, is comprehensively analyzed. Thoroughscientific works of both foreign and domestic scientists cover the problems of various spheres of development of the European Union,its institutions, in particular, its Court of Justice. However, the study of this topic was not given enough attention. Therefore, the purposeof the article is a comprehensive analysis of the evolution of the standards of the constituent instruments of these associations inrelation to the establishment and expansion of the jurisdiction of their Court of Justice in the pre-Lisbon period. It is established thatthe origins of the standards of the Court of Justice were enshrined in the founding treaties of the European Communities, and were furtherdeveloped in the founding instruments of the European Union, which were constantly being transformed. The jurisdiction of theCourt of Justice of the Coal and Steel Community was limited to a narrow sphere of economy, and with the entry into force of theTreaties establishing the European Economic Community and the European Atomic Energy Community (1958), the Court became ajoint institution for the three communities, with the powers of ensuring respect for the law in the interpretation and application of eachof the treaties.The peculiarities of the amendments made to the provisions of the following constituent instruments are discovered. The SingleEuropean Act (1986) provided for a certain unification of the legislation of Western European countries, supplementing the foundingtreaties of the Communities with new provisions on the establishment of the Court of First Instance to hear certain claims of individualsand legal entities to relieve the Court of Justice. The Maastricht Treaty (1992) formally proclaimed the establishment of the EuropeanUnion and defined the new structure of the Court of Justice (Court, Tribunal and Specialized Tribunals), its composition and powers,and powers of the Member States in the judicial field. The Amsterdam Treaty (1997) expanded the jurisdiction of the Court of Justiceof the European Union, namely certain areas of activity of courts, their cooperation with other competent authorities of the MemberStates, joint actions of judicial cooperation in criminal matters, etc. The Treaty of Nice significantly deepened the standards of thefounding instruments of the Court of Justice, expanded the powers of its judicial bodies and modernized its structure (including theCourt of Justice and the Court of First Instance), defined high requirements for judges and advocates general, the periods of theirreplacement, extended the jurisdiction of the Court of First Instance, etc. Further transformation of the standards of the Court of Justicehas been carried out under the Lisbon Treaty, which requires a separate study.
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Skrzypek, Michał, Lucyna Pachocka, Karolina Goral, and Adamina Partycka-Skrzypek. "Selected determinants of the professional identity of dietitian in the context of legal regulations on the practice of dietitian in Poland and the European Union." Polish Journal of Public Health 128, no. 2 (June 1, 2018): 63–68. http://dx.doi.org/10.2478/pjph-2018-0011.
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Abstract The subject of the article is the present status of the profession of dietitian in the Polish healthcare system, taking into account the analysis of the current legislation in force that defines the principles of employment of dietitians and the practice of the dietitian in Poland in the context of relevant provisions of the EU law, with emphasis on the position of dieticians in the health-care systems of selected European Union countries. The study advances the thesis that the current status of the profession of dietitian in Poland reflects its incomplete professionalization manifested in the lack of legal regulations on the principles of its practice that are applied in the case of other medical professions. A consequence of the present, comparatively low status of the profession of dietitian in Poland is, inter alia, the hindered availability of professional clinical dietetics counseling under public health insurance, as well as the practice of the profession as a business activity by individuals whose professional qualifications are not subject to verification by professional regulatory bodies. This produces a risk to patients, arising from the fact that interventions not verified by the EBM paradigm are nevertheless implemented as part of dietary counseling.
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Bevzenko, Volodymyr, and Yurii Tsvirkun. "THE LAW OF PUBLIC CONSTRUCTION IN THE COUNTRIES OF THE EUROPEAN UNION: EXPERIENCE OF GERMANY AND ECONOMIC AND LEGAL DIMENSION OF ITS CREATION IN UKRAINE." Baltic Journal of Economic Studies 8, no. 5 (December 30, 2022): 70–76. http://dx.doi.org/10.30525/2256-0742/2022-8-5-70-76.
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The subject of the study. A new public administration system in Ukraine should be created through administrative reform. The existing system of public administration in Ukraine remains generally inefficient, with an eclectic mix of institutions inherited from the Soviet era and new institutions formed during Ukraine's independence. It is argued that the rapid development of modern social relations naturally causes and is conditioned by the continuous transformation and progress of various sectors of public and state life. Scientific and technological progress, informatization and updating of production methods cause an objective need to revise and adopt fundamentally new legislation, study and implement advanced forms of organization of social relations. It is clear that the construction industry is a component of the national economy, which requires meaningful legal regulation, does not stay away from modern social and state development. The complexity and significance of the construction industry, its multifaceted nature require, in particular, the study and implementation of perfect regulatory mechanisms developed by developed countries with highly developed economies, strong and perfect standards of functioning of the state apparatus, legislation. Methodology. The national construction legislation was reviewed in comparison with the experience of the Federal Republic of Germany. It is concluded that the review of the institutional architecture of the construction industry of the Federal Republic of Germany, the basic principles of the formation of German public construction law as a factor of the modern economy, its progressive forms and methods has been carried out. The content of this branch of public law, its impact on economic processes in the state, the formation and change of the main economic indicators are assessed. The conclusion is made about the objective connection between the state and development of national legislation, in particular construction legislation, and the degree of economic development of the state. The purpose of the study. By choosing the strategic path of institutional and fundamental reforms, Ukraine also implements the best legal and state experience of modern progressive states with developed democracy, state-building and law-making, developed economy. In the field of law and law-making, improvement of legal education and science the experience of the Federal Republic of Germany has proved its perfection, efficiency and progressiveness for Ukraine. German public construction law is not the only area that has become a model for domestic public law and legislation, in particular, it is worth mentioning the German experience of administrative procedure law and legislation, which was used in the adoption of the Code of Administrative Procedure of Ukraine, and administrative procedure law and legislation, which was the basis for the preparation of the Law of Ukraine "On Administrative Procedure". Thus, the time-tested and experienced German administrative and legal theory has become one of the prerequisites for the creation and development of national branches of public law, including the law of public construction. The economic and legal dimension of public construction law in Ukraine is that the construction industry is a productive sector of the economy, the efficiency and successful functioning of which depends on a simultaneous set of factors, including, in particular, the availability and completeness of national construction and administrative and procedural legislation, the development of the theory of public construction law, transparency and validity of the activities of administrative bodies in the field of construction. Conclusion of study. It is concluded that the new branch of national special administrative law – publicc construction law of Ukraine is manifested in three dimensions: the substantive dimension of national public construction law and the prerequisites for its formation and further development; European (foreign) experience of legal regulation of public construction; economic and legal dimension of its creation in Ukraine.
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Harust, Y. V., V. I. Melnyk, V. V. Mirgorod-Karpova, B. O. Pavlenko, Yu M. Kiiashko, and D. V. Maletov. "Functioning of the system for evaluating the effectiveness of international technical assistance: the experience of the European Union and the world's leading countries." Legal horizons, no. 26 (2021): 117–24. http://dx.doi.org/10.21272/legalhorizons.2021.i26.p117.
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The authors of the article study the foreign experience of the administrative and legal organization of systems for evaluating the effectiveness of international legal assistance (ITA). The article notes that the definition of international technical assistance in different countries is interpreted differently. States, at the national level, establish their own definitions of the concept, which may differ in content and characteristics. It is established that the assessment of the effectiveness of the use of ITA has the ultimate goal to ensure its better use. Both ITA donors and recipients are interested in this. The largest ITA donors have been identified as Japan, the United States, and the European Union. Each of these donors has its own system for evaluating the effectiveness of the ITA provided. In the study of the model for evaluating the effectiveness of the US ITA, the key role of the United States Agency for International Development (USAID) was highlighted. The Agency itself has developed tools to monitor the assistance provided, implements analysis programs, publishes reports, and conducts training among its employees. In Japan, the Ministry of Foreign Affairs of Japan and the Japan International Cooperation Agency (JICA) have been found to be the central policy-makers in Japan. These bodies issue regulatory regulations on which the performance appraisal process is based, analyze experience, conduct training, and publish reports on their official websites. In the Japanese model for assessing the effectiveness of the provision and use of ITA's, the key features are assessing the usefulness of the assistance provided in terms of Japan's diplomatic interests. It was found that a characteristic feature of the evaluation system of the European Union is the functioning of the Regulatory Control Council, which reviews and improves the legislation in the field of ITA. The article establishes the relationship between national legal systems and global standards for assessing international assistance. It is established that the donors of the ITA, for the organization of the system of evaluation of its effectiveness, use as a basis the Quality Standards for evaluation, which are developed by the Development Assistance Committee (DAC) at the Organization for Economic Cooperation and Development (OECD).