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1
Kaveshnikov, N. Y. "DEVELOPMENT OF THE EXTERNAL ENERGY POLICY OF THE EUROPEAN UNION." MGIMO Review of International Relations, no. 4(31) (August 28, 2013): 82–91. http://dx.doi.org/10.24833/2071-8160-2013-4-31-82-91.
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The article analyses development of external energy policy of the European Union (EU). In spite of the Lisbon treaty didn’t substantially expend EU powers in external energy policy, European Commission (EC) became more active in recent years. Decision on exchange of information about bilateral energy agreements between Member States (MSs) and third countries may deprive producers of opportunity to differentiate terms of infrastructure projects and energy supply in different MSs. European Commission participation in MSs negotiations with third countries as a guardian of energy market provisions will inevitably increase negotiation power of MSs. Nevertheless, only smooth and modest extension of powers of the EC would be possible because of opposition of numerous countries which makes a search of consensus very difficult. Among priority activities of the EU external energy policy one could identify ‘export’ of energy market provisions in neighbor countries; diversification of suppliers and prioritization of politically selected supply routes; dramatic increase of regulatory activity at EU level. All these activities are partially successful, but they all have some shortages. Several EU legislative and regulatory measures risk to run counter to existing obligations of MSs.
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Raimondi, Andrea, Daniel Buda, Sorin Cristian Niţă, and Maria Pistalu. "Tax governance: how the EU supports third countries." Proceedings of the International Conference on Business Excellence 15, no. 1 (December 1, 2021): 982–89. http://dx.doi.org/10.2478/picbe-2021-0092.
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Abstract This paper aims to provide an analysis of the legislative framework that regulates the inclusion of clauses on good governance in tax matters, in the agreements concluded between the European Union, with its Member States, and third countries. We provide a representation of the regulatory pathway from a set of standards on tax good governance according to the principles of transparency, exchange of information and fair tax competition towards a common EU external strategy for effective taxation. Agreements that the European Union has either in place or negotiating with countries and regions around the world are an excellent tool in fighting unfair trade practices and promoting international standards on good governance in the tax area, and set the basis for a fair competition in the economy of developing countries: a strong tax administration and institutions responsible for fighting illicit financial flows in developing countries can contribute to erase poverty and inequalities while promoting good governance and state-building.
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Hartmann, Bálint. "Decreasing Reserve Requirements of Wind Power Plants by a Redesigned Obligatory Electricity Purchase and Tariff System." Periodica Polytechnica Electrical Engineering and Computer Science 61, no. 1 (February 10, 2017): 62. http://dx.doi.org/10.3311/ppee.10073.
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Since the widespread utilisation of wind power has begun in the early 2000’s, European countries are continuously working on the legislative environment of this renewable energy source. This has led to a wide variety of different support schemes and tariff systems. Experts agree that the Hungarian legislation system did not reach its goal. On one hand, scheduling accuracy of wind turbines is still far below international standards, and introduction of the penalty tariff was not an effective solution to reverse the process. The aim of the author is to solve this twofold problem with the redesign of the current obligatory electricity purchase and scheduling system, while taking into consideration new regulations of the European Union. The proposed system is also expected to allow the transmission system operator to decrease the amount of control reserves.
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Bjelic, Predrag. "Model spoljnotrgovinske politike Evropske unije." Ekonomski anali 44, no. 156 (2003): 131–47. http://dx.doi.org/10.2298/eka0356131b.
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When the European Economic Community, the forerunner of the European Union was formed in 1958, it was agreed that the new integration would be a tariff union with common tariffs toward third countries, but also that it would have a common foreign trade policy. As the Union's executive body, the European Commission is responsible for proposing and implementing foreign trade policies. However, the main subject in creating foreign trade policies still remains the Council of Ministers as the EU's main decision-making and legislative body. The Commission negotiates trade agreements with outside countries on behalf of the Union. However, on foreign trade issues the Commission must report to a committee (the "133 Committee"), which assists the Commission in the course of the negotiations and before becoming valid all agreements must be ratified by the Council of Ministers. The Commission ensures that the European Parliament is kept quickly and fully informed at all stages of the negotiation and conclusion of international agreements, in such a way as to enable the Commission to take account of the European Parliament's view, but its role is purely consultative. The EU is trying to establish closer partnership relations with the USA through establishing transatlantic marketplace. However, as the EU is becoming a respectable economic power, an increasing number of trade disputes arise between the EU and the USA. The EU is trying to establish a closer relationship with the European countries since they are candidate countries for EU membership. However, some of them are closer to the membership than others. Therefore the agreements that the EU conclude with certain groups of countries differ among themselves. The EU has special relations with the countries in Africa the Caribbean and the Pacific, former European colonies, that have been granted a preferential treatment allowing preferential trade with the EU. Close relations have been established with countries and regional groups in Latin America as well. The EU has become a significant factor in international economic organizations. However, in order to become an economic power as respectable as the USA and Japan and to give strategic support to its companies in global competition, the EU must integrate politically as well.
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A. Tursynkulova, Dinara, Ainur A. Urisbayeva, Aigul M. Karatayeva, Gulnura A. Khudaiberdina, and Yerik B. Akhmetov. "Modern features of law institutions of the European Union." RIVISTA DI STUDI SULLA SOSTENIBILITA', no. 1 (August 2020): 441–58. http://dx.doi.org/10.3280/riss2020-001026.
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The role of the European Union is to understand its legal nature through the struc-tural composition and distribution of powers between the EU institutions, as well as to study the forms and methods of their activities. It is important not only from the standpoint of the participating States, but also in the interests of countries that are not part of the European Union and build their relations with it on the basis of bilateral agreements. The aim of the article is to analyze the modern features of law institutions of the European Union. Legal analysis of such institutions of the European Union as the European Parliament, the European Commission and the EU Court is becoming important condition for the development of international cooperation. This article is devoted to the legal analysis of such institutions of the European Union as the European Parliament, the European Commission and EU Court that participate in the implementation of its tasks and functions, act on its behalf, have the appropriate competence and structure, are endowed with found-ing treaties and legislation of the Union of certain amount of power and apply their inherent forms and methods of activity.
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Hansen, Michael A. "Explaining deviations from the Stability and Growth Pact: power, ideology, economic need or diffusion?" Journal of Public Policy 35, no. 3 (April 20, 2015): 477–504. http://dx.doi.org/10.1017/s0143814x15000094.
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AbstractWhy do some countries deviate from European Union law? More specifically, why do countries violate the Stability and Growth Pact, which is a cornerstone piece of legislation for the shared economy? Is it that violators simply have no other choice due to economic need? Are the violators intentional deviators that are simply able to violate the Stability and Growth Pact because of their power in the European Union? This article answers these questions and identifies those factors that are most likely to impact a country’s deviation from the two main clauses of the Stability and Growth Pact. The major finding is that it is economic need, not a country’s relative power, governing ideology or diffusion, that has a large impact on which clause will be violated.
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Paudel, Shambhu, Prabhat Pal, and Harish Singh Dhami. "Restructuring Integrated Watershed Management Models for the Federal Democratic Regime of Nepal." Journal of Forest and Natural Resource Management 1, no. 1 (February 10, 2019): 69–76. http://dx.doi.org/10.3126/jfnrm.v1i1.22654.
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Recent political envision has redesigned the administrative units of Nepal into federal states with the aim of decentralizing the power to ensure the process of rapid sustainable development. As a consequence, all the public service agencies need to restructure their delivery units for achieving goals targeted by the newly adopted administrative regime plan. With the aim of recommending the best watershed management models for this changing context, this paper aims to review existing watershed management models applied in different continents like European union, African union and the United States where they have already adopted this watershed management plans into their federal states or countries union successfully. Although they are geographically distinct and economically advanced, the major approach adopted is a river basin approach with the clear legislative framework. This approach is highly succeeded between interstate (or between member countries) because of political or interstate commitments for the common pool resource water. Clear policies and commitments between member countries or interstate greatly improved the function of this mechanism. With the light of those experiences in the field of watershed management plan adopted in federal or union countries, river based integrated management plan balancing efforts between interstates seems best models in the world, and is also proposed for the new federal republic of Nepal.
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Ejova, Cristina, and Anastasia Esanu. "PUBLIC DIPLOMACY OF THE EUROPEAN UNION AND ITS REFLECTION IN THE REPUBLIC OF MOLDOVA." Moldoscopie, no. 1(92) (June 2021): 43–53. http://dx.doi.org/10.52388/1812-2566.2021.1(92).04.
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This article explores the public diplomacy of the European Union at the current stage and its reflection in the Republic of Moldova. The methods and techniques of public diplomacy have been used in the foreign policy of states over the centuries, however, only in the second half of the twentieth century they began to turn into a conscious state policy, with a solid theoretical and legislative framework. Public diplomacy is the most efficient and frequently used method of implementing the “soft power” of the state, which includes cultural, educational, sports, journalism, scientific, etc. projects, focused on interaction with the elite and society in other countries and which aims to create an attractive image of their country. The EU started to develop intensively public diplomacy and strategic communication actions in the Republic of Moldova in order to inform effectively the citizens of Moldova about its assistance and support in the process of the European integration of the country. Therefore, this article analyses the specific tools and strategies of public diplomacy applied by the European Union in the Republic of Moldova.
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Pisarev, Ivan Ivanovich. "“Europeanization” of Think Tanks in the EU Interest Group Politics." Vestnik RUDN. International Relations 21, no. 1 (December 15, 2021): 49–63. http://dx.doi.org/10.22363/2313-0660-2021-21-1-49-63.
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The article reveals the characteristics of think tanks as actors of the interest group politics in the European Union (EU). In this policy, they inspire public debate, conduct research, encourage new legislation and more effective public administration. A large number of European think tanks is engaged in interest group politics both at the national and supranational level of the EU governance, encouraging integration processes among the EU countries and Europeanization, which is the subject of analysis of this study. The strengthening of the role and importance of interest groups in EU policy is largely due to the increased power of the Unions institutions, since the introduction of new legislation and regulation common to all EU countries leads to the feedback from various groups that represent both public and private interests. Obviously, these groups, when interacting with the power institutions of the EU, strive for the most effective protection of their interests. For this purpose their representatives hold meetings with officials of the European Commission and the European Parliament, as well as other structures of the Union. This interaction, aiming at promoting their interests by means of lobbying and advocacy, has been regulated since 2011 by the Transparency Register, jointly created by the European Commission and the European Parliament. The purpose of this study is to analyze the quantitative performance of think tanks in the EU and to develop on its basis the Ranking of EU countries, according to the level of Europeanization of the think tanks representing them. From the research methods perspective, the study is based on the matching of statistical data from the Transparency Register and the Global Go To Think Tank Index, which serves the basis for this Ranking. The study of the ranking makes it possible to identify groups of countries with a high, medium and low level of Europeanization of think tanks in all EU countries as of January 31, 2019. The results revealed on the basis of the analysis demonstrate the heterogeneous nature of the Europeanization process of think tanks in different EU countries.
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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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Mendelski, Martin. "The eu’s Pathological Power: The Failure of External Rule of Law Promotion in South Eastern Europe." Southeastern Europe 39, no. 3 (December 22, 2015): 318–46. http://dx.doi.org/10.1163/18763332-03903003.
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What impact does the European Union (eu) have on the development of the rule of law in South Eastern Europe (see)? The author of this article argues and shows that the eu has: 1) a positively reinforcing (healthy) effect with regard to judicial capacity and substantive legality, i.e. the alignment of domestic legislation with international standards, and 2) a negatively reinforcing (pathological) effect with regard to judicial impartiality and formal legality (the inner morality of law). The author explains the pathological impact of eu-driven rule of law reforms by referring to the eu’s deficient reform approach and to unfavorable domestic conditions, which in their interplay reinforce certain reform pathologies (legal instability, incoherence, politicization) that undermine the rule of law. The main argument is supported by a mixed method study. A quantitative indicator-based analysis measures rule of law development across four key dimensions on the basis of a variety of data (e.g. survey-based indicators, cepej data, and a unique dataset on legislative output). Additionally, the author draws on a number of qualitative interviews that he conducted with magistrates from see and representatives from the eu, the European Court of Human Rights, and the Council of Europe. The author concludes from these findings that external rule of law promotion in weak rule of law countries is not transformative, but rather reinforces systemic deficiencies that undermine the rule of law.
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Kondrotas, Lukas. "European Union policy and the use of the normative power regarding cybersecurity." Análisis Jurídico - Político 4, no. 7 (January 31, 2022): 143–68. http://dx.doi.org/10.22490/26655489.5504.
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The transformation of our societies due to technological progress and worldwide spread of information technologies has established a new domain where states must establish a “normal” way of relating to each other. National legislation has been adapted in order to reach this domain; however, in an international context there are still different manners to interpret what behaviour is normal and acceptable. The European Union has established a framework regarding its own cybersecurity and aims to establish the rule-of-law to progress towards a secure digital world; it has also created sanction rules to punish behaviours which oppose its own view. This paper tries to look at what effects it has had on other major actors in the realm of cybersecurity: The United States, Russia, and China. By looking at the development of the frameworks of these countries and their actions and comparing it to the objectives of the European Union in this matter, it shows that effects have been different in each case and that they are not coercing the actions of the other states, not because of a failed implementation, but due to their own nature.
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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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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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V. V., Novitskyi. "Political and legal mechanisms for the protection of human rights through the lens of the European Union countries." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (August 2020): 180–85. http://dx.doi.org/10.33663/2524-017x-2020-11-32.
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The author of the article, first of all, draws attention to the current problems of protection and protection of human rights, which unfortunately are traced within the territorial jurisdiction of the European Union. Such problem is quite well demonstrated by Berbel Koffler, as the Commissioner of the Government of the Federal Republic of Germany on human rights and humanitarian aid policy. Indeed, the Ombudsman of Germany has raised a number of deep dilemmas: violence against human rights defenders on the grounds of their professional activity, the relation of human rights institutions with public security and economic development. In fact, these questions, in varying percentages, are equally relevant to many countries in the world. In the outlined context, the case of the European Court of Human Rights “Gabriel Weber and Caesar Richard Saravia v. Germany” of 29.06.06 was analyzed. Actually, this case covers directly the issues of human rights and national security of Germany. Grounds for initiating this case have arisen in connection with the legislative provisions of the Law of Germany on the Restriction of the Secret of Correspondence, Mail and Telecommunications of 13.08.68., ("Law G-10"), taking into account changes made under the Anti-Crime Act of 28.10.94, which extend the powers of the Federal Intelligence Service, within the so-called strategic monitoring. It is about collecting information by listening to telephone conversations in order to identify and prevent serious threats to the Federal Republic of Germany, such as: armed attacks on its territory, international terrorist attacks, other serious crimes. According to the applicants who worked as journalists, strategic monitoring can be used against individuals to prevent effective journalistic investigations. In view of these suspicions, the applicants argued that they had violated the human rights guaranteed by the Convention, such as the right to privacy and correspondence, the violation of press freedom, and the right to an effective remedy. The ECHR Judges, having examined the circumstances of the case, concluded that there were no grounds to satisfy the complaints on the basis of the following arguments: 2) German legislation, as part of strategic monitoring, is endowed with adequate and effective safeguards against abuse by authorized entities. In addition, the article analyzes the multi-vector issue of banning citizens of some European Union countries from wearing hats that completely or partially hide their faces. The fact is that, under such restrictions, in particular, the traditional clothing of women adherents of Islam has fallen. It is a “burqa” and a “niqab”. The presented study is mainly based on the legislative practice of France, Belgium, which provides for administrative as well as criminal penalties for non-compliance with the stated prohibition. In such cases as S.А.С. France, Belkacemi and Oussar v. Belgium, Dakir v. Belgium, the applicants, alleged that they had violated the human rights guaranteed by the Convention, including: the right to respect for their private life; the right to freedom of expression of one's religion or belief; the right to freedom of expression; the right to freedom of association; humiliating treatment and discrimination against the enjoyment of the abovementioned human rights. According to most ECHR judges, who have dealt with the said cases, the disputed prohibition is not necessary in a "democratic society for public safety" but its main task is to preserve the conditions of "cohabitation" as an element of "protection of the rights and freedoms of others." In the context of this debate, attention was paid indirectly to such EU Member States as: Austria, Bulgaria, Croatia, Germany, Latvia, the Netherlands, Italy, Spain, Denmark, Switzerland. Keywords: human rights, legal guarantees, security, privacy.
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O. Syurikpayeva, Assel, Zhazira O. Omirali, Nurgul E. Baigelova, Sovetzhan A. Yntymakov, and Elmira B. Kurmanaliyeva. "Comparative analysis of issues of the legal mechanism of consumer protection in Kazakhstan and foreign countries based on the norms of sustainable development." RIVISTA DI STUDI SULLA SOSTENIBILITA', no. 2 (January 2022): 187–201. http://dx.doi.org/10.3280/riss2021-002014.
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Globalisation and liberalisation of trade and business around the world have made many goods and services available to consumers anywhere in the world. Econom-ic growth has been described by an increase in the purchasing power of the middle class, which is the largest consumer segment of the population. This required an emphasis on consumer protection and the promotion of responsible consumer movement around the world. The purpose of the research is to analyse the prob-lems of the legal mechanism for protecting consumer rights based on the norms of sustainable development, identify and disclose modern problems related to the le-gal status of this area. The main method of the research was comparative analysis which allowed to compare the regional mechanisms for protecting consumer rights, considering the economic and political factors inherent in each of the countries. The conducted study allowed to reveal legal approaches to the study of consumer protection, to analyse the relevant current legislative framework. It is substantiated that the issues of consumer protection are given due attention in many countries. It was concluded that during the development of the latest corrective legislative acts governing consumer protection mechanisms in the countries of the European Union, the Republic of Kazakhstan and India, the positive aspects of world experience, the content of these legal documents were considered. The content of the said legal documents was based on the UN principles of consumer protection, which indicates a significant contribution of the above countries to the perfor-mance of the obligations to guarantee the consumers their fundamental rights.
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Liubchych, Anna, Olena Savchuk, and Kateryna Vrublevska-Misiuna. "Legal Forest Management Problems: EU Experience." European Journal of Sustainable Development 9, no. 1 (February 1, 2020): 205. http://dx.doi.org/10.14207/ejsd.2020.v9n1p205.
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The work contains the analysis of forestry management legal problems in Ukraine and the European Union, highlighting the problematic points in the national legislation and the possibility of implementing the experience of developed countries.
There are singled out the ways to improve forestry legislation, with accentuating the need in developing a nation-wide forestry program which would regulate forestry management with accounting for preservation of the forest’s ecology function and biologic potential. It is proved that a woodcutting site has attributes of a forestry relations object as a plot of the forest fund of Ukraine with established borders.
Also, there arises the need in revising the Regulation on territorial offices of the central executive power body that carries out state policies in forestry and in bringing it to the correspondence with the requirements of standing legislation of Ukraine and the Regulation on State forest inspection of Ukraine, granting it plenary powers similar to those in the leading European countries, for instance “forest guard” of the Republic of Poland.
Key words: Forest; Woodcutting; Timber harvesting; Forest resources; Woodcutting site; Forestry management; Forest site; Forestry.
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Berdnik, I. V. "CRIMINAL RESPONSIBILITY FOR ATYPICAL FORMS OF OFFENCE AGAINST ENVIRONMENT UNDER THE LEGISLATION OF INDIVIDUAL COUNTRIES OF THE EUROPEAN UNION." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2021, no. 2 (December 15, 2021): 7–20. http://dx.doi.org/10.32755/sjcriminal.2021.02.007.
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The article is devoted to the issues of criminal responsibility for atypical forms of offence against environment under the legislation of foreign countries. The urgency of the topic of the publication is predetermined by the fact that today one of the priorities of the Ukrainian state is to ensure and guarantee environmentally friendly living conditions for citizens and society, as well as preserve and restore natural resources as important elements of the environment. It is determined that the atypical encroachment is to reflect in the legislation of a particular country certain, special and specific properties of an illegal act and the damage caused by it, resulting in disruption of public relations, damage to property and goods associated with the circulation, use, restoration of water resources only in some countries. The peculiarities of atypical forms of encroachment on the environment under the legislation of foreign countries are presented and the ways of their implementation in the legislation of Ukraine on criminal responsibility are suggested. The results of studying the legal requirements of the European Union, which establish criminal responsibility for offences against environment, give grounds to conclude that they are somewhat similar, primarily due to the global processes of unification and harmonization of national criminal justice systems. To this end, it is necessary to ratify the Convention on the Protection of the Environment by means of criminal law dated 04.11.1998 and to bring the national legislation in line with its provisions. Based on the analysis of criminal legislation of Ukraine and foreign countries, it is concluded that in democratic societies with a perfect system of legislation and mechanisms of responsibility for criminal offenses against environment, a legislator is responsible for protecting natural resources as the elements of the environment. This approach makes it possible to protect the environment from illegal encroachments, as well as to prevent illegal actions of individuals. Key words: criminal responsibility, environment, atypical forms of encroachment, natural environment, natural resources, European Union.
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Minuto, Francesco Demetrio, Andrea Lanzini, Lorenzo Giannuzzo, and Romano Borchiellini. "Digital Platforms for Renewable Energy Communities Projects: An Overview." International Journal of Sustainable Development and Planning 17, no. 7 (November 30, 2022): 2007–13. http://dx.doi.org/10.18280/ijsdp.170701.
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The European Union energy policy agenda of achieving the transition to carbon neutrality has been established by an important legislative package called "Clean Energy for all Europeans". A novel approach introduced was to put the citizen at the center of the energy transition. On one side, by powering his freedom of action and, on the other side, by asking him an exceptional engagement in energy consumption reduction activities and in participating in the investments for new distributed Renewable Energy Sources (RES) power plants. The Renewable Energy Communities (REC) is the policy framework used to implement this strategy introduced by the Renewable Energy Directive Recast (RED II). In particular, RECs promote citizen’s active role by encouraging energy consumption reduction and energy demand flexibility while reducing the Not In My Bachyard (NIMBY) effect towards RES. Each member state is transposing the RED II directive, adapting it to national legislation and energy transition strategy. Pioneers countries like Italy have already started the experimentation of this framework and developing the first pilot projects. The citizens’ interest and their will to participate in REC projects indicate the need for supporting tools guiding them along all the project development stages: “design”, “creation”, and “operation”. This work presents three categories of supporting digital tools and platforms required to develop REC projects: Commercial, EU Founded and Freeware. We analyzed 30 tools, evaluating the services provided in each of the different stages of REC project implementation.
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Minuto, Francesco Demetrio, Andrea Lanzini, Lorenzo Giannuzzo, and Romano Borchiellini. "Digital platforms for Renewable Energy Communities projects: an overview." IOP Conference Series: Earth and Environmental Science 1106, no. 1 (November 1, 2022): 012007. http://dx.doi.org/10.1088/1755-1315/1106/1/012007.
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Abstract The European Union energy policy agenda of achieving the transition to carbon neutrality has been established by an important legislative package called “Clean Energy for all Europeans”. A novel approach introduced was to put the citizen at the center of the energy transition. On one side, by powering his freedom of action and, on the other side, by asking him an exceptional engagement in energy consumption reduction activities and in participating in the investments for new distributed Renewable Energy Sources (RES) power plants. The Renewable Energy Communities (REC) is the policy framework used to implement this strategy introduced by the Renewable Energy Directive Recast (RED II). In particular, RECs promote citizen’s active role by encouraging energy consumption reduction and energy demand flexibility while reducing the Not In My Bachyard (NIMBY) effect towards RES. Each member state is transposing the RED II directive, adapting it to national legislation and energy transition strategy. Pioneers countries like Italy have already started the experimentation of this framework and developing the first pilot projects. The citizens’ interest and their will to participate in REC projects indicate the need for supporting tools guiding them along all the project development stages: “design”, “creation”, and “operation”. This work presents three categories of supporting digital tools and platforms required to develop REC projects: Commercial, EU Founded and Freeware. We analyzed 30 tools, evaluating the services provided in each of the different stages of REC project implementation.
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Horoshko, Valentyna, Yehor Nazymko, and Yurii Pavliutin. "CRIMINAL PROCEDURE LAW OF UKRAINE IN THE CONTEXT OF EUROPEAN INTEGRATION: PROBLEMATIC ECONOMIC AND LEGAL ISSUES, WAYS OF REFORMING." Baltic Journal of Economic Studies 8, no. 3 (September 30, 2022): 48–52. http://dx.doi.org/10.30525/2256-0742/2022-8-3-48-52.
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The subject of the study is the coverage of problematic issues and ways of reforming the criminal procedure legislation of Ukraine in the context of European integration. Methodology. The methodological basis of the study is a dialectical method of scientific knowledge, through the application of this method the legal, functional, organizational and procedural aspects of methodological approaches to the understanding of problematic issues are considered and the ways of reforming the criminal procedure legislation of Ukraine in the context of European integration are considered. The results of the article analyze the current criminal procedure legislation of Ukraine and the legislation of the countries of the European Union. When analyzing the French criminal procedure, two main features can be identified, which distinguish it from the Anglo-Saxon legal system and are criticized by experts from Great Britain and the United States. In France judges are vested with considerable powers. The first feature of French criminal procedure is the institution of preliminary interrogation of the accused by the presiding judge. The judge verifies the sufficiency of the evidence for a conviction. Conclusion. So, based on the above, it is possible to conclude that the Criminal Procedure Code of Ukraine was created in the spirit of democratic values, but some of its norms need to be reformed in order to improve the mechanism of protection of the rights, freedoms and legitimate interests of an individual. The practical experience of France, the Federal Republic of Germany and Great Britain is relevant. The shortcomings of the Criminal Procedure Code of Ukraine are highlighted. The prospects for their reform are outlined and amendments to the current legislation in the context of European integration are proposed. Prospects for further research: a) the study of the experience of individual foreign countries in the context of the improvement of criminal procedural norms; b) analysis of the possibility of harmonization of criminal procedural legislation of Ukraine with the norms of the European Union; c) development of an effective mechanism of relations between the subjects of criminal proceedings. The issue of the relevance and admissibility of evidence is also important. Articles 87-89 of the CPC of Ukraine establish the grounds and procedure for declaring evidence inadmissible. However, judicial practice shows a large number of criminal proceedings against public persons, which the court had to terminate due to the lack of evidence, due to the inadmissibility or improper nature of the evidence. The authors believe that the legislative regulation of the process of collecting evidence in the UK is a positive experience for Ukraine.
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Bluszcz, Anna, and Anna Manowska. "The Use of Hierarchical Agglomeration Methods in Assessing the Polish Energy Market." Energies 14, no. 13 (July 1, 2021): 3958. http://dx.doi.org/10.3390/en14133958.
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Energy markets play an important role in achieving sustainable development goals. The sector of energy has a huge impact on the environment, hence changes in it are the highest priority in the European Union. The process of shaping and developing the internal energy market plays an important role in improving the security of supply of energy resources for the entire union. It requires a number of political negotiations, strategic decisions regarding energy liberalization, in particular, the electricity and gas sectors, as well as the adoption of sectoral legislation. The aim of the conducted research is to estimate the level of development of energy markets in the EU countries and to indicate the position of Poland in comparison to other countries. The research was performed in several stages. The first phase consisted of selecting appropriate diagnostic variables that comprehensively describe energy markets in countries belonging to the European Union. The next stage was collecting data, subjecting them to standardization, and then, based on the agglomeration algorithm, the process of dividing into groups of similar countries was carried out. The research results can be used as guidelines for legal regulations being prepared in the energy sectors of all member states, which can be used for selected clusters comprising similar countries in terms of the development of energy markets.
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Sustersic, Vanja, Milun Babic, Dusan Gordic, Milan Despotovic, and Dobrica Milovanovic. "An overview of the regulatory framework for the geothermal energy in Europe and Serbia." Thermal Science 14, suppl. (2010): 115–23. http://dx.doi.org/10.2298/tsci100616068s.
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In this paper the relevant legislation for the geothermal energy in the European countries and Serbia is reviewed. There is a variety of the incentives for the geothermal production which are well known throughout the European Union. The governmental policies for the support of the geothermal development have so far focused on the power generation only. It is necessary to make serious efforts in order to harmonize the legislation and to simplify the procedures of establishing and implementing the policies for boosting the direct use of the geothermal energy. The Law on Energy of the Republic of Serbia which was adopted by the Parliament and the Energy Development Strategy of the Republic of Serbia until 2015 have defined the privileged power producers, but only by passing the Regulation on the incentive measures for the production of electricity using the renewable energy sources combined with the production of electricity and the thermal energy, which came into force on January 1st 2010.
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Romaniuta, Eduard. "Competitiveness of Ukraine’s system of taxation within the framework of integration into the European Union." Herald of Ternopil National Economic University, no. 2(84) (May 31, 2017): 60–68. http://dx.doi.org/10.35774/visnyk2017.02.060.
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The article reveals the essence and role of competitiveness of the taxation system taking into account retrospective trends and current aspects. In addition, it provides insight into main ways in which tax competition may be manifested. Specific features and methods for deter mining the level of development of the tax system as well as the level of economic freedom are highlighted. The positive and negative influence of globalization on the taxation system of the country is generalized. On the basis of the analysis, carried out for the research, it is found that Ukraine’s system of taxation and the level of economic freedom rank far below the EU countries. Consequently, possible causes of slow progress in Ukraine’s system of taxation are systematized, and its weak position in the international ranking is explained. It is determined that the low-ranking position of Ukraine has been caused by considerable corruption at all levels of executive power, low protection of property rights and weak development of investment. The major factors that negatively affect the business environment are as follows: unstable tax legislation, time-consuming tax accounting, a high overall tax burden and its unequal distribution among taxpayers, improperly adjusted tax reliefs, and mainly fiscal nature of the taxation system. A particular attention is paid to the priorities of the taxation system in European countries. The main guidelines for reforming the national tax legislation, based on the analysis of the latest trends of tax changes in the EU, are determined.
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Zmiyenko, Oleksandra. "The EU: Power(less) in Statelessness? The Case of the Baltic States." Journal of Social Policy Studies 16, no. 4 (December 24, 2018): 677–90. http://dx.doi.org/10.17323/727-0634-2018-16-4-677-690.
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Oleksandra Zmiyenko – MA Law, European Interdisciplinary Studies – College of Europe; Academic Assistant at the College of Europe, EU International Relations Department, Bruges, Belgium. Email: Oleksandra.zmiyenko@coleurope.eu
Despite still being an emergent research area, statelessness has come to attract growing attention both from academics and among policy-makers. So far, this legal vacuum, that represents a violation of the right to nationality, and has consistently been perceived through the prism of other human rights-related issues. To avoid oversight, statelessness needs to be perceived as a distinct phenomenon and to be addressed as such on the policy-making agenda. The European Union has two overt examples of statelessness among its Member States: Latvia and Estonia. In these post-Soviet countries, statelessness emerged in conjunction with debates over state continuity and state succession. The main question to be asked is to what extent does the EU have leverage when it comes to addressing the problem of statelessness? In its Member States, where questions of citizenship fall under the national competences, the EU influence in this regard seems limited, which is even more apparent outside of the EU. However, for the countries with 'European aspirations', there are different ways to have an impact: either before or after accession. Given its terminological ambiguities and that possible solutions to statelessness may be offered from a diverse range of academic fields, the research methodology of this study is interdisciplinary: from legal to historical analysis. While conditionality imposed on the aspiring members has a clear outcome in terms of legislation changes, once these states have acceded, the EU tends to have less influence. Conditionality might serve as a possibility to address statelessness among the countries with 'European aspirations', while increased pressure to fulfil international obligations may be crucial in dealing with Member States.
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Szuba, Tadeusz, and Danuta Sztuba. "Czwarta władza jako forma niewidzialnej ręki Adama Smitha na platformie mediów elektronicznych – jej natura, struktura i oczekiwana siła." Zarządzanie Mediami 8, no. 4 (2020): 323–45. http://dx.doi.org/10.4467/23540214zm.20.038.12642.
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Fourth Estate as the Form of Adam Smith's Invisible Hand on the Global Platform of Electronic Media - its Nature, Structure and Expected Power The article analyses the hypothetical Fourth Estate (the 4th Power) on the platform of modern, global electronic media. The entry assumption is that the engine of 4th Power is Adam Smith’s Invisible Hand (ASIH), but functioning not on the socio-economic platform, but on the platform of modern, global electronic media. This implied significant research phenomena, because two large scale processes have been spotted on this platform, which fulfil theoretical model of Invisible Hand as proposed by American philosopher Robert Nozick. The rank of success is confirmed by the fact, that nobody yet on socio-economic platform managed to point to real life symptoms of the Invisible Hand self-regulative activity. Platform of global electronic media has a much more IT nature, comparing to the economic/social platform. For this, applying the way of thinking of Nobel-awarded economist Friedrich Hayek, that the mechanism of the Invisible Hand is IT in nature, it has been assumed that it is an unconscious, chaotic, discontinuous, distributed, multi-threaded computational process, not on the platform of digital computers, but on the platform of minds of agents operating in modern media. This allowed us to propose description methodology based on GIS (Geographic Information Systems). The conclusion of the article is that the Fourth Estate inherits and manifests in very well visible way the Invisible Hand self-steering functions, on the media platform and even more. This sheds a whole new light on the problem of media management on a global scale, because state or corporate factors have to reckon with the fact that there is yet another “ruler” of great power. In addition, due to the global nature, in a situation where the Legislative, Judicial and Legislative Powers are distributed and limited to the area of countries or meta-nation structures like European Union, the Fourth Estate is on the best way to take over partial or total control over global media, as well as over local Legislative, Judicial and Executive authorities. This is to some extent confirmation of Robert Nozick hypothesis about “ultra-minimal state”.
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Szuba, Tadeusz, and Danuta Sztuba. "Czwarta władza jako forma niewidzialnej ręki Adama Smitha na platformie mediów elektronicznych – jej natura, struktura i oczekiwana siła." Zarządzanie Mediami 8, no. 4 (2020): 323–45. http://dx.doi.org/10.4467/23540214zm.20.038.12642.
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Fourth Estate as the Form of Adam Smith's Invisible Hand on the Global Platform of Electronic Media - its Nature, Structure and Expected Power The article analyses the hypothetical Fourth Estate (the 4th Power) on the platform of modern, global electronic media. The entry assumption is that the engine of 4th Power is Adam Smith’s Invisible Hand (ASIH), but functioning not on the socio-economic platform, but on the platform of modern, global electronic media. This implied significant research phenomena, because two large scale processes have been spotted on this platform, which fulfil theoretical model of Invisible Hand as proposed by American philosopher Robert Nozick. The rank of success is confirmed by the fact, that nobody yet on socio-economic platform managed to point to real life symptoms of the Invisible Hand self-regulative activity. Platform of global electronic media has a much more IT nature, comparing to the economic/social platform. For this, applying the way of thinking of Nobel-awarded economist Friedrich Hayek, that the mechanism of the Invisible Hand is IT in nature, it has been assumed that it is an unconscious, chaotic, discontinuous, distributed, multi-threaded computational process, not on the platform of digital computers, but on the platform of minds of agents operating in modern media. This allowed us to propose description methodology based on GIS (Geographic Information Systems). The conclusion of the article is that the Fourth Estate inherits and manifests in very well visible way the Invisible Hand self-steering functions, on the media platform and even more. This sheds a whole new light on the problem of media management on a global scale, because state or corporate factors have to reckon with the fact that there is yet another “ruler” of great power. In addition, due to the global nature, in a situation where the Legislative, Judicial and Legislative Powers are distributed and limited to the area of countries or meta-nation structures like European Union, the Fourth Estate is on the best way to take over partial or total control over global media, as well as over local Legislative, Judicial and Executive authorities. This is to some extent confirmation of Robert Nozick hypothesis about “ultra-minimal state”.
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Bujor, Răzvan. "Migration from the perspective of climate change." Proceedings of the International Conference on Business Excellence 16, no. 1 (August 1, 2022): 556–66. http://dx.doi.org/10.2478/picbe-2022-0053.
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Abstract The present paper has as main objective to examine the literature and show the literature review, debates and discussions related to migration and implication of economic development. Media and academic circles are strongly attracted by the topic of migration and its consequences. Aspects brought into attention, from migration and economic development point of view are: climate change, social, economic, political and legislative. The reality is pushing us to research this phenomenon because migration effects are already visible and important for European communities, both for origin and destination countries. It comes questions that point to the core of economic, social, politic and environmental developments of the 21st century and these are referring to environmental and climate justice, as well as existing and growing of the relationships between the involved parties. This paper presents also the literature review analysis of different framings, points of view and lines of argument, and highlighting debates about securitization of climate change, depending on economic and connections to development studies and adaptation research and their influence on migration decision. Migration decision dependents on many factors, such as: level of life, education, employment opportunities, gender and age, familial needs and financial possibilities, but climate change, too. Also, the present paper will point out scientific papers that address the new challenges influencing labour migration inside European Union such as: COVID-19 pandemic, environmental changes, besides social inequalities and regional conflicts which are now at the borders of the European space.
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Novicic, Zaklina. "Freedom of movement for persons in the European Union Law." Medjunarodni problemi 55, no. 1 (2003): 57–88. http://dx.doi.org/10.2298/medjp0301057n.
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In this article the author analyses the evolution of complex corpus of legislation concerning the freedom of movement for persons in European Union Law. The article deals with the subject in two aspects: the first part of the analysis considers the conceptual development of free movement of persons by way of deliberation of building-up the authority of Union in that area, and the second part analyses the contents of the right of the Union citizens to move and reside freely within the territory of the Member State. The freedom of movement for people includes the right of Union citizens to enter, move and reside in another Member State and, in that context prohibition of any discrimination based on nationality. Conceived originally as primarily an economic phenomenon, the free movement of persons was closely linked to the pursuit of an occupation. It was the mobility of human resources as a factor of production, which inspired the chapters of the Treaty establishing the European Economic Community (1957) relating to the free movement of workers, freedom of establishment and the freedom to provide services. In that sense, freedom of movement is a part of a wider concept, that of the common/internal market. Since then, through the combined effect of secondary legislation and the case law of the Court of Justice, the concept has been broadened and it tends, from the Maastricht Treaty (1992), to form one of the fundamental and individual rights of Union citizens generally. Also, the amendments of EEC Treaty, which were made by the Single European Act (1985) and specially by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001), have formalised the external aspect of freedom of movement. Namely, it was recognised that freedom of movement for persons could not take place at the expense of security, protection against crime and illegal immigration. The abolition of internal controls has generated the need of the transferring checks to the external frontiers of the Union and, in this connection, the gradual establishment of an area of freedom, security and justice. In the first part of the article the author presents and analyses the development of the Union power in the policies of freedom of movement: in facilitating of free movement of people as a principle of the common/internal/single market, in achievement of the right to free movement for Union citizens, and also in the fields related to the external aspect of freedom of movement, or, actually, the issues pertaining to visas, asylum and immigration. The second part presents the specific contents of freedom of movement for persons that consists of the corpus of individual rights enjoyed by Union citizens on the territories of EU Member States that are not countries of their origin. These are the right to entry and residence and the right to engagement in gainful activity as well as the related social rights. This part of the article also explores the freedom of movement restriction regime as well as the corresponding Union legislation in preparation.
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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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Mikelėnas, Valentinas, and Rasa Zaščiurinskaitė. "Quantification of Harm and the Damages Directive: Implementation in CEE Countries." Yearbook of Antitrust and Regulatory Studies 10, no. 5 (2017): 111–31. http://dx.doi.org/10.7172/1689-9024.yars.2017.10.15.6.
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Quantification of harm is regarded as one of the most significant obstacles for the full compensation of harm and development of private enforcement within the European Union, including CEE Member States. Consequently, the Damages Directive establishes general rules and requirements for the quantification of harm, such as a rebuttable presumption of harm in case of cartels, the power of national courts to estimate harm as well as others, which closely interact with the principle of full compensation emphasized by the case-law of the European Union and directly established in the Damages Directive. The main focus of this paper is the effectiveness of the rules on the quantification of harm in general, and how these rules will contribute to the development of private antitrust enforcement in CEE Member States. Therefore, one of the issues to be discussed in the paper is the analysis of how, and to what extent specific rules and requirements for the quantification of harm have been transposed into the national legislation of CEE Member States. As certain CEE national jurisdictions have had certain rules for the quantification of harm already before the implementation of the Damages Directive, the paper analyses how effective these rules have been, and how much they have contributed to the development of private antitrust enforcement of those CEE national jurisdictions. Previous experience of those CEE Member States in applying specific rules for the quantification of harm is important, in order to assess the possible impact of the newly introduced rules on the quantification of harm and on private antitrust enforcement in general in other CEE Member States. The rules for the quantification of harm will not enhance private antitrust enforcement on their own, however, their effective application by national courts together with other rules under the Damages Directive should contribute to a quicker development of private enforcement in CEE Members States.
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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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Kholyavitska, K. S. "Foreign experience of decentralization of power and prospects for Ukraine." Collected Works of Uman National University of Horticulture 2, no. 99 (December 22, 2021): 94–103. http://dx.doi.org/10.31395/2415-8240-2021-99-2-94-103.
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The author of the article has outlined the problem of finding the most optimal model of the state for of government, because the necessary condition for stable development of society and effective functioning of the state is to ensure the balance between national interests and the interests of the population of regions and territorial communities. The preconditions, political history and periods of the formation of decentralized power in most European medieval states, scientific positions of national and foreign legal scholars on the expediency of implementing decentralization have been analyzed. It has been found out that the vast majority of Western European countries abdicate the unitary state model by introducing decentralization. The leading idea of reforming is to move the center of solving local issues to the local and, in particular regional level that is achieved by optimizing relations between different levels of territorial organization of power. National traditions, formation and functioning of public agencie in the past, specific features of administrative and territorial structure of the state, existence of autonomous territories, multiethnic population have a significant influence on the formation of the constitutional system on the basis of decentralization in the EU countries. The positive experience Poland, France, Italy, Latvia, Germany and Denmark has been studied. The author has theoretically substantiated that the principle of decentralization has been successfully implemented in the practice of the European Union countries. It has been indicated that the prerequisite for the successful implementation of decentralization processes to create an effective model of governance within the system of decentralized government of Ukraine is: the establishment of the rule of law principle; recognition and guarantees of local self-government; equal legal protection of all forms of ownership; democratic and effective electoral legislation; independence, efficiency, accessibility and transparency of the judicial system, functioning of administrative justice institutions; perfect budget process and high financial discipline; availability of adequate social standards; developed public sector and stable tendency towards its development.
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Kryszk, Hubert, Krystyna Kurowska, Renata Marks-Bielska, Stanisław Bielski, and Bartłomiej Eźlakowski. "Barriers and Prospects for the Development of Renewable Energy Sources in Poland during the Energy Crisis." Energies 16, no. 4 (February 9, 2023): 1724. http://dx.doi.org/10.3390/en16041724.
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Europe is currently facing the potentially biggest energy crisis in history. There are many reasons for this, and the current geopolitical situation makes it clear that we are being forced to take immediate action to ensure sufficient energy supplies to consumers. Until recently, the European Union was dependent on Russian energy resources (mainly oil and gas). For many years, the EU countries had been shutting down their own production and importing much cheaper raw material from Russia. The threat of a blackout is becoming increasingly possible. European governments are preparing businesses and households for the energy crisis in various ways, but there is also a great deal of mobilization to accelerate the development of renewable energy sources (RES). The aim of this study was to identify the barriers and prospects for RES development in Poland in the current geopolitical conditions. The reasons for insufficient grid HC were analyzed. Additionally, the article aimed to assess the prospects for solar energy development in Poland. Wind power was discussed only in general terms because the development of wind farms is inhibited by the regulatory framework. Particular attention was paid to hosting capacity (HC) and the condition of the power infrastructure as the main determinants of RES development in Poland. Numerous documents developed by power companies and government agencies responsible for implementing and managing energy in Poland were analyzed. Special attention was paid to legal regulations and the need for legislative changes. As a country, Poland has one of the highest growth rates in photovoltaic (PV) installations. The forecasts for increasing HC, as a prerequisite for RES development in Poland, are not promising.
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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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Shkurti, Aranit, and Macit Koc. "Price Setters and Price Takers in the EU Electricity Market, a Comparative Analysis of Household Consumer Prices." European Journal of Sustainable Development 6, no. 1 (January 31, 2017): 174. http://dx.doi.org/10.14207/ejsd.2017.v6n1p174.
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The article is concerned with the analysis of the electric power prices at the European spot exchanges, taking in consideration 27 Countries of the Union (excluding UK). The time series data are considering the half yearly average of the countries, as reported by the Eurostat database. The article examines the way spot prices are influenced by power exchanges, based on the overall installed power of more healthier economies. In recent years a growing capacity from renewable sources is pouring in the system, anyway the implementation of renewable energies do not guarantee constant supply to the network as they depend on weather conditions and therefore must still have recourse to conventional generation types - such as gas and coal - which generally have higher operating costs than renewable. An increasing number of Member States have adjusted mechanisms to promote investment in power plants or provided incentives to keep them standing. These public measures may be justified in certain situations but according to recent guidelines, the European Commission has established that the adjustment mechanisms can be in contrast with the legislation on state aid. The identification of these discrepancies is studied in this article through the key characteristics of the price differential for the EU spot markets. The inflation generated from the price adjustments within the EU members can be considered an important indicator of market inefficiency.Key words: electricity spot exchanges, subsidies, price setter, price taker, household consumers.
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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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Naturkach, R. P. "Purpose of the monetary policy of the central banks of the EU participating countries." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 61–64. http://dx.doi.org/10.24144/2307-3322.2021.65.10.
Full textAbstract:
The scientific article is devoted to the study of the purpose of monetary policy of the central banks of the EU member states. The legislation of the European Union, the member states of the European Union (Germany, France, Poland, the Czech Republic, Spain), as well as the United Kingdom, which left the EU, modern approaches in the science of constitutional and administrative law to determine the monetary policy of central banks EU members. The concept of the purpose of the monetary policy of the Central Banks of the EU member states, the activities and instruments of monetary policy, the functions of the central bank of the EU member state are distinguished. Emphasis is placed on the following regulatory functions of central banks that exist in legal doctrine: 1) management of aggregate money turnover; 2) regulation of the monetary sphere; 3) regulation of supply and demand for credit. The focus is on the fact that the central banks of the EU member states support purchasing power, as well as on the well-known fact: inflation - the slope of financial policy is recognized in economic theory as the most effective. Ensuring the stability of the currency (conducting open market operations or establishing exchange rate policies or reserve requirements, etc.) is a function of the central bank of the state, not the purpose of its activities. The stability of the national unit is also a function of the central bank of the state. It is established that the main purpose of the monetary policy of the central banks of the EU member states is to ensure price stability. In addition, it is argued that this is the inflationary - inclination of financial policy is the most effective. Accounting policy, interest rate policy, regulation of reserve requirements, money supply, open market operations and credit operations, interest rates, reserve requirements of banks are the activities and instruments of monetary policy of central banks. members of the EU, not the purpose of monetary policy.
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Šmelcerović, Miodrag, and Oliver Dimitrijević. "SOLAR POWER POTENTIAL IN THE REPUBLIC SERBIA." Knowledge International Journal 32, no. 3 (July 26, 2019): 353–57. http://dx.doi.org/10.35120/kij3203353s.
Full textAbstract:
Average solar radiation in Serbia is about 40% higher than the European average. Despite that, the use of solar energy for electricity generation is far behind the countries of the European Union. Creating conditions for the development and functionality of sustainable markets solar system is of great importance for the economy and the preservation of the natural environment in Serbia. Popularization of photovoltaic production equipment will lead to a reduction in prices and greater use of these devices by the population. Area needed for photovoltaic installation, which is sufficient for a family of four from 7-15m² anywhere in the world. The average solar energy that reaches the Earth's 4kWh / m². The efficiency of photovoltaic technology is a low 10%, which means that it is possible to produce 0.4 kWh / m² per day. An average family spends about 6000 kWh per year, or 4 kWh per day per person. In this work we wanted to show the possibility of using solar energy. Also, the work presents technological capabilities of today's replacement of dirty technologies with it. Special emphasis is placed on good practice example of building a solar power plant. Confirmed the economic viability of solar power plant. In near future we even anticipate a full transition to solar energy technology, as the primary source of energy. Solar energy is clean, renewable, cheap, affordable and perfect in every respect as a source of energy for future technologies. The legislation favors the use of renewable solar energy .For its exploitation there are no legal obstacles like wind energy and hydropower. The energy that the sun emits during a year per 1 m2 of the roof in Serbia equals the energy obtained from burning 130 liters of oil, and when it is completely free. The greatest potential for using solar energy have cities in southern Serbia - Niš, Kuršumlija and Vranje.
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González Lorente, Álvaro, Montserrat Hernández López, Francisco Javier Martín Álvarez, and Javier Mendoza Jiménez. "Differences in Electricity Generation from Renewable Sources from Similar Environmental Conditions: The Cases of Spain and Cuba." Sustainability 12, no. 12 (June 25, 2020): 5190. http://dx.doi.org/10.3390/su12125190.
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In order to achieve the objectives set by the Sustainable Development Goals and the Paris agreement, the legislative framework that is developed at the national and regional level must be appropriate. Research has focused on the importance of environmental policies to stimulate renewable energy demand and has also highlighted the existence of legal regimes more inclined to preserve the current model of dependence on fossil fuels. The main aim of this paper is to observe the impact of different regulation framework in the use of renewable energies in electricity generation. The choice of Spain and Cuba was based on several reasons: first, they present different models of legal regulations for renewable energies, with more centralized power in the case of Cuba and more influence of supranational institutions in the case of Spain; second, they have similarities regarding their productive model (highly dependent on hydrocarbons as sources of electricity generation) and the high potential for electricity generation with renewable energies thanks to their rich natural endowment that could favor energy generation from sources like the sun, wind and water; finally, both countries face a global situation where they could take advantage of this cost-cutting moment, and therefore, of electricity tariffs, to propose a sustainable model of electricity generation based exclusively on renewable energies. The conclusions show that Spain can become a role model to improve the Cuban system, given that the European and Spanish “green” positions can be very useful in developing Cuba’s future energy model based on renewables. The existing ties between the Caribbean country, Spain and the European Union (EU) should be the basis to support a model for which Cuba has an outstanding endowment of natural resources and where the similarities with Spain can generate synergies based on the European experience.
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Ferrari, Giuseppe Franco. "La complessitŕ dei mercati energetici e la necessitŕ di una regolazione multilivello." ECONOMICS AND POLICY OF ENERGY AND THE ENVIRONMENT, no. 3 (July 2009): 121–52. http://dx.doi.org/10.3280/efe2008-003006.
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- The energy markets are very complex, because, on the one hand, they imply several different activities and, on the other hand, they involve various levels of govern- 183 ment. The energy market is divided indeed in different segments: supply (generation or purchasing), transmission, distribution and sale, which are allocated at different levels of government, from the international and European level (with reference to the security of energy supply), to the local level (with specific regard to the distribution and sale). This complexity makes the energy sector particularly critical, under the pressure of political interests and economical needs. Another sensitive point is linked with the environmental protection, since the consumption of energy is one of the most polluting human activities, and the demand of energy is growing up together with the economical growth of the developing Countries. This problem is increasingly discussed at the international level, with reference to the climate change issue, in order to plan a sustainable development for the whole globe: because of it, the Kyoto Protocol was issued within the United Nation Framework Convention on Climate Change. It establishes legally binding commitments for the reduction of four greenhouse gases for all the 183 ratifying Countries, according the principle of common but differentiated responsibilities, and provides for the promotion of renewable energy. The European Union ratified the Protocol implementing the relative obligations through, for instance, the creation of the EU Emissions Trading Scheme (ETS). The European Union most of all addressed the competitive issue, since the 70s, in order to achieve the result to create a free energy market in Europe. The last results of the European energy policy were the directives on electricity and natural gas in 2004, that imposed the complete opening of the energy markets in almost all the European Countries (with few exceptions). The implementation of the European directives requires the intervention of the national level, since each Country has to modify its own regulatory framework, in order to comply with the directives. Everywhere in Europe, this process faces with several difficulties, but it is particularly hard in Italy, since the energy sector is traditionally public owned. Indeed, in our Country, the privatization and liberalization processes are strictly linked to another trend: the decentralization of legislative and administrative powers from the State to the Regions and Local Communities. Thus it is evident that the global governance of the energy sector, for its complexity and its sensibility, can only derive from a network of interventions by several levels of government, and different international, national and local actors, which realize a typical case of multilevel governance.Key words: Energy markets, competition, sustainable development, multilevel governance.JEL classifications: K21, K23.Parole chiave: Mercato energetico, concorrenza, sviluppo sostenibile, multilevel Governance.
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Gottwald, Jörn-Carsten, Joachim Schild, and Dirk Schmidt. "Das Ende der Naivität gegenüber China? Die Reform des europäischen Investitionskontrollregimes." integration 42, no. 2 (2019): 134–48. http://dx.doi.org/10.5771/0720-5120-2019-2-134.
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The European Union (EU) has introduced measures to better screen investments from third countries, in particular by enterprises and state actors of the People’s Republic of China. These measures highlight the profound change in bilateral relations which have turned from “strategic partnership” into “systemic rivalry”. Reacting to new Chinese policies of foreign trade and investment, the EU followed a revision of investment screening policies in the US. The EU has overcome deep splits among member states and established a new legal framework at the supranational level that leaves the ultimate screening and decision-making power to the national level. This paper identifies the changes in Chinese investment and investment policies and highlights key contents of the US legislation on investment control before discussing the new EU framework. It interprets the new measures as further examples of an increased reliance on state policies instead of market forces - by all partners involved.
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Buglay, Natalia. "Collaboration of Poland and Ukraine within the framework of transfrontal projects in the period of 1995-2005 years." Scientific Visnyk V. O. Sukhomlynskyi Mykolaiv National University. Historical Sciences 48, no. 2 (2019): 7–11. http://dx.doi.org/10.33310/2519-2809-2019-48-2-7-11.
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In the article the Polish transfrontal policy is analysed at the end of ХХ – at the beginning of ХХІ ages, that is characterized the wide palette of connections in political, economic, ecological, infrastructural, educational, cultural and humanitarian spheres. Development of transfrontal collaboration of Poland for period 1995–2005 was very much an important factor not only from point of development actually of boundary regions but also in the context of acceleration of the European integration process of country on the whole. Among Central Europe countries Poland was one of more active participants of transfrontal collaboration. It is found out, that RP is the transfrontal leader of region of Central Europe. Indisputably, that every boundary region has the specific descriptions, both positive and negative. However, will mark that a level of development of transfrontal collaboration of regions of Poland is excellent, in fact every level has both the features and depends on a nearby partner for other side of border. To our opinion, political will of sides, activity of territorial organs of power is the base condition of transfrontal collaboration. Coordination of efforts of sides is sent, foremost, on implantation of the European legal field in a national legislation, overcoming of asymmetry of development. An Ukrainian-Polish transfrontal collaboration is characterized prevailing of barrier function of border, high level of centralization of power, low bringing in, to the collaboration of local societies. After east expansion of European Union in 2004 – for the Ukrainian side new instruments and mechanisms, new instituty forms, were opened, consequently, new possibilities of transfrontal collaboration.
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Davida, Zanda. "Chatbots by business vis-à-vis consumers: A new form of power and information asymmetry." SHS Web of Conferences 129 (2021): 05002. http://dx.doi.org/10.1051/shsconf/202112905002.
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Research background: The first notable early chatbots were created in the sixties, but the growing use of artificial intelligence (AI) has powered them significantly. Studies show that basically chatbots are created and used for purposes by government and business, mostly in consumer service and marketing. The new Proposal of the Artificial intelligence act aims to promote the uptake of AI and address the risks associated with certain uses of such technology. However, the act contains only minimum transparency obligation for some specific AL systems such as chatbots. Purpose of the article: In light of this issue, the article aims to discuss how existing European Union (EU) consumer law is equipped to deal with situations in which the use of chatbots can pose the risks of manipulation, aggressive commercial practices, intrusion into privacy, exploitation of a consumer’s vulnerabilities and algorithmic decision making based on biased or discriminatory results. Methods: The article will analyse the legal framework, compare guidance documents and countries’ experiences, study results of different consumer behavior researches and scientific articles. Findings & Value added: The article reveals several gaps in current EU consumer law and discusses the flaws of proposing legislation (particularly the Proposal for an Artificial intelligence act) regarding relations between business and consumers.
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Черенкова, Вероника, Veronika Cherenkova, Яна Лебедева, and Yana Lebedeva. "ANALYTIC REVIEW OF THE OPINIONS ON MOLDOVA AND HUNGARY ADOPTED AT THE 111th PLENARY SESSION OF THE VENICE COMMISSION." Journal of Foreign Legislation and Comparative Law 3, no. 4 (August 23, 2017): 161–66. http://dx.doi.org/10.12737/article_598063fbc55c57.59501047.
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This article is an analytic review of the most significant opinions adopted within the framework of the 111th Plenary Session of the European Commission for Democracy through Law (Venice Commission), which was held in Venice on 16—17 June 2017. The authors clarify the conclusions of the Venice Commission regarding the Proposal by the President of the Republic of Moldova to supplement the Constitution in order to enlarge powers of the President to dissolve Parliament, which may lead to a gradual change in the form of government from the parliamentary one to the mixed or presidential one. In particular, it was noted that the first form of government is traditionally considered preferable, but the Venice Commission believes that any form of government can meet democratic standards, if the law provides an effective system of checks and balances.
The article also considers recommendations made by the Commission on the Draft law relating to the electoral system for the election of the Parliament. The authors highlighted similar legislative provisions in countries which are on transition stage after the collapse of the Soviet Union.
Further the conclusions of the Commission on the Draft Law on the Transparency of Organisations Receiving Foreign Funds were analyzed. It is noted, that recommendations made by the experts of the Venice Commission are relevant not only within the legal systems of these countries, but also are important for understanding the legal changes taking place in our country.
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Bugyáki, Attila. "Milestones in the Foundation and Role of the Most Significant International Organizations against Money Laundering in the European Union." Academic and Applied Research in Military and Public Management Science 16, no. 3 (December 31, 2017): 135–50. http://dx.doi.org/10.32565/aarms.2017.3.9.
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In this two-piece study, the author introduces the most important international organizations and institutions fighting against money laundering of our time, through the main chapters of the formation of the international institutional system. The first part is focused on the creation of the international institutional system fighting against money laundering.By the 21st century the phenomenon of money laundering—with the need of the laundering of gradually increasing “dirty” money, mainly from drugs, weapons and human trafficking, prostitution and corruption—has become a worldwide problem. With the increasing organization of international criminal groups—taking advantage of the free movement of money and financial services—are using more and more refined techniques to get more profits with their illegal activities. Money laundering will not leave terrorism untouched—casting a shadow on our everyday life—as particular radical groups use every means necessary to lay their hands on money sources anonymously needed for their existence, as it supplies their destructive actions; and naturally procuring this money the best sources are the money laundered by criminals. Recognising the money laundering and the negative and destructive effects of new crimes on everyday economic, financial and political life based on laundering, the leading countries of the world started international legislation against money laundering and terrorism which laws and codes are strictly regulating the different financial and bank supervision of the nation states. Despite the onsetting difficulties and indecisiveness, it was clear for the European Union that only strong international collaboration—and the unified understanding of measures—is the only power to stop the spread of money laundering.
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Hayden, Robert M. ""Genocide Denial" Laws as Secular Heresy: A Critical Analysis with Reference to Bosnia." Slavic Review 67, no. 2 (2008): 384–407. http://dx.doi.org/10.1017/s0037677900023585.
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“Heresy” is developed here as an analytical term for the criminalization of speech questioning the basic tenets of a belief system, such as internal criticisms of state socialism or denial of the applicability of the term genocide to some mass crimes in a European Union that purports to make central the protection of human rights. European legislation to criminalize “genocide denial” is critiqued through a close analysis of international legal decisions dealing with whether “genocide” took place in the Bosnian war of 1992-95. Although granting both the facts as these courts found them and the serious criminality of the actions involved, Robert M. Hayden argues that calling them “genocide” broadens the definition of that term to the extent of losing the possibility of uniform application. Criminalizing “genocide denial” is thus not only contrary to principles of free speech and intellectual inquiry but manifests the same problem that Amnesty International identified in its reports in the 1980s on the vagueness of the “verbal crimes” provisions of the criminal laws of the formerly socialist countries. Hayden concludes that the punishment of heresy is a manifestation of power by a political elite that holds its values and assumptions to be immune from challenge.
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Piddubnyi, Oleksii, and Viktoriia Oleksiuk. "UNITED TERRITORIAL COMMUNITY AND PROCESSES OF DECENTRALIZATION IN UKRAINE AND FOREIGN STATES: FEATURES OF CREATION AND FUNCTIONING." Journal of International Legal Communication 1 (June 29, 2021): 164–70. http://dx.doi.org/10.32612/uw.27201643.2021.1.pp.164-170.
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The article analyzes the peculiarities of the creation and functioning of a united territorial community in Ukraine and foreign countries. It is determined that the reform process in Ukraine at the legislative level is quite fast, but implementation is lagging behind in some places. It is determined that the European Union has a certain influence on the implementation of transformations in Ukraine. In addition, they are all aimed at ensuring the proper depth and pace of decentralization. At the local level, however, there is growing dissatisfaction with the chaos in decentralization and frustration with the lack of promised positive results, although decentralization has been going on for more than seven years. It is emphasized that in order to prepare the infrastructure, to achieve a real decentralization of power, which is now so much talked about in Ukraine, the neighboring state (which, incidentally, is often equated with Ukraine) Poland, worked long: it took only ten years to develop only decentralization plan. In the countries of "old" Europe, for example in Germany, the reform of local self-government (as a rule, took place within the framework of the reform of the administrative-territorial system) began in the 1960s and in some places continues to this day. However, there are states, of course, that have had several months or weeks to implement decentralization projects. It is concluded that if we compare the time limits of the formation of UTC in Ukraine and other countries, it is likely that the experience of the Republic of Poland, was used by Ukraine to some extent. Despite the fact that in Ukraine the process of UTC formation is essentially completed, the first elections were held in almost all of them. However, the ability of such UTCs to perform the role and functions defined by Ukrainian law remains unresolved. And in this case, the experience of Latvia, in the form of subsidies from the state budget - would be very appropriate for use in such decentralization processes.
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Доронина, Наталия, Nataliya Doronina, Наталья Семилютина, and Natalya Semilyutina. "Information Technologies and Economic Relations: Problems of International Conventional Unification in EAEU." Journal of Russian Law 3, no. 11 (November 11, 2015): 0. http://dx.doi.org/10.12737/14372.
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Since 2013, at the State Duma initiative, each April Saint-Petersburg has hosted the “Eurasian Economic Perspective” International Forum. This discussion venue for the exchange of opinions by parliament members of the post-Soviet states, with the participation of scientists, representing humanitarian sciences and education, furthers, among other things, the goal of the states’ integration and their economic development. The topic for discussion offered this year was the implementation problems of the Treaty on the Eurasian Economic Integration as of January, 1, 2015. One of the main integration problems is the problem of unification and harmonization of national legislations of the Treaty countries. The key question of the unification process is separation of powers and competences of the integration organization’s common body and the participating countries’ national bodies. The understanding of the supranational power of the common body is not correct. The integration experience in other unions between the states proves the importance of the sovereignty principle in the integration process. The author provides the analysis of former integration experience. For example, CMEA (Council of Mutual Economic Assistance) united the former Eastern European socialist republics and South-Eastern Asia and was dissolved in 90-ies after the transition of the States — participants to market economy. Notwithstanding its dissolution, CMEA created effective integration instruments on the basis of unification of national legislations: The CMEA General Conditions of Delivery. This instrument of the socialist common market continues to be practiced as model conditions for international contracts. The legal instrument of the International Business Corporation (IBC) has initiated the movement of resources that can be compared to the movement of capital in a free-market world. The CMEA experience has provided basic knowledge of cooperation, which was later used in other integration groups. The article also covers the economic integration of the European Union. It can be useful from the point of view of critics of “federalist” theories on the nature of integration of a group of states. The latter remains, as the authors show, to be subject to the International Law system. It is quite logical, that due to this position of the authors, they pay special attention to the key role of national legislation in the integration process. On the basis of the analysis of the Andean Common Market experience the authors underline the features of integration in the Latin American region. The comparative analysis of international regional unions of states is necessary to make the work of the Eurasian International Economic Union (EAEU) more effective. The Information Law is the technique that provides the diffusion of the most effective models of regulation for the purpose of economic integration. This approach in solving problems of economic integration in EAEU seems to be useful in search of the ways to overcome difficulties of the integration process.
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Matyukhina, E. N. "Russian and German Legislation on Personal Data: Comparative Analysis of Approaches and Practices." Lex Russica, no. 4 (May 2, 2019): 170–78. http://dx.doi.org/10.17803/1729-5920.2019.149.4.170-178.
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The paper analyzes the legislative acts on the collection and storage of biometric data of citizens and the changes in the idea of how the legal state can and should be arranged, what the guarantees of the security of providing such data to various structures in the Russian and German legislation are. The idea of a rule-of-law state was, as you know, was developed in Germany by C. T. Welker, R. v. Mohl, R.G. Gneist and J.C. Freiherr von Aretin and was borrowed by Russian statesmen — S. S. Alekseev, V. M. Gessen, N.M. Korkunov, A. F. Kistyakovsky, S.A. Kotlyarevsky, P.I. Novgorodtsev, N.I. Paliyenko. During the existence of our States, this concept has undergone many changes in both its Russian and German versions, which each time was dictated by a number of objective reasons. At the present stage, both powers are concerned with the problem of security, the threat of terrorism, fraud in the Internet space. Therefore, in the European Union, for example, the requirement for identification documents to contain biometric data is now mandatory for all member countries. European thought, as revealed in the analysis of existing concepts and experience of their implementation, was a few steps ahead — while in Russia laws are adopted without discussion with citizens infringing their rights guaranteed by the Constitution, Europe is concerned with the creation of a data storage system representing the cultural heritage of mankind. The rule of law state has become to a large extent a metaphor for which a particular citizen does not feel any content. The use of this term has become a technological tool for the state to achieve political and geopolitical goals, a way to prove that we are also among the civilized liberal democracies and market economies, which distorts the essence of the idea of the rule of law for a particular person. The Russians themselves often do not understand the idea of the rule of law and the mechanism for its achievement.