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Journal articles on the topic 'Pollution prevention – Law and legislation – European Union countries'
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1
Movchan, Roman, Andrii Vozniuk, Maria Burak, Vitalii Areshonkov, and Dmitriy Kamensky. "Criminal law counteraction to land pollution in the EU countries: searching for the optimal model." Revista Amazonia Investiga 10, no. 42 (July 30, 2021): 15–23. http://dx.doi.org/10.34069/ai/2021.42.06.2.
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The main goal of the article is to study both advantages and disadvantages of the approaches of the European Union (EU) states to criminal law prevention of land pollution. As a result of this an optimal legislative model should be developed to protect this element of the environment from criminal encroachment, which can be further used by the EU states in improving existing or creating new rules aimed at criminal law protection of land resources from pollution or the creation of new rules aimed at criminal law protection of land resources from pollution. The following research methods have been used to study criminal law provisions of the selected countries, to prove the stated hypotheses and to formulate conclusions: comparative law, system analysis, formal-logical, dialectical and modeling method. As a result of the study of various models of criminal law protection of land resources embodied in the legislation of nineteen European Union states, it has been proved that: 1) such protection should be carried out by a single universal rule on criminal liability for pollution not only of land but also of other components of the environment (water, air, forest); 2) only such land pollution shall be considered criminal, which has led to real (non-potential) damage to the environment, human health or property damage; 3) liability for land pollution should be differentiated depending on: a) weather guilty person’s act was intentional or negligent; b) what the consequences of land pollution have been.
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Khitska, O., and R. Gerard. "INTERNATIONAL AND NATIONAL LEGISLATION TO CONTROL MICTOXINS IN FOOD: REVIEW." Naukovij vìsnik veterinarnoï medicini, no. 1(149) (May 30, 2019): 30–40. http://dx.doi.org/10.33245/2310-4902-2019-149-1-30-40.
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Today, the problem of monitoring mycotoxins has become global in connection with climate change, a violation of the ecological balance for the use of intensive technologies for processing crops, through air pollution and the accumulation of products of photochemical reactions (photooxidants), which leads to a decrease in plant resistance to phytopathogens. Every year, the problem of mycotoxicosis is exacerbated, as toxic fungi adapt quickly to new technologies and modern plant protection products. The increase in mycotoxins in foods also relates to the widespread use of nitrogen fertilizers and pesticides. Natural toxins create risks for the health of humans and animals, affect food security and nutrition, reducing people's access to healthy food. The World Health Organization is constantly appealing to national authorities to monitor and ensure that the levels of the most relevant natural toxins in foods are as low as possible and consistent with both national and international requirements. Ukraine's membership in the WTO, an association with the European Union, and the expansion of international trade require solutions to the issues of free movement of goods, safe and healthy food, and, accordingly, an adequate level of protection of life and health of people. One of the most important ways to solve them is to improve and harmonize national food legislation in line with international standards, including on the control of mycotoxins. The purpose of our work was to conduct an analysis of literary sources, international and national legislative acts on the control of mycotoxins in food products throughout the food chain. To prepare the publication, we have used literary sources on the subject of publication, as well as we have conducted a comparative analysis of national and international legislative acts regulating procedures and methods for controlling the residues of mycotoxins in food. An analysis of numerous sources has shown that the issue of monitoring mycotoxins in foods, improving laboratory control and risk-based approach to preventing foodborne mycotoxicosis worries scientists from different countries, including Ukrainian. The analysis of national legislation shows that national standards on maximum levels of pollutants have been revised in Ukraine and a number of standards have been harmonized for methods of monitoring the residues of mycotoxins in feed for productive animals, food products of animal and vegetable origin. Key words: mycotoxins, food chain, food, international law, national legislation, control, safety, risks.
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Thomas, Vernon G., and Myrfyn Owen. "Preventing lead toxicosis of European waterfowl by regulatory and non-regulatory means." Environmental Conservation 23, no. 4 (December 1996): 358–64. http://dx.doi.org/10.1017/s0376892900039229.
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SummaryMany years of waterfowl hunting have added thousands of tonnes of lead shot to European wetlands. Effective and non-toxic substitutes for lead shot have been developed and are commercially available throughout Europe, but few nations (Denmark, Finland, Norway and the Netherlands) have statutory requirements for their use. Governments can induce hunters to use non-toxic shot by regulatory measures and/or non-regulatory steps, but economic incentives to increase the affordability of lead-free shot have never been used by any nation and might be politically inappropriate. Educational programmes to increase the hunting public's understanding of the poisoning problem, and to provide accurate information on the non-toxic shot, are the best long-term way for governments to focus their spending and induce change, whether on a voluntary or regulated basis. Each of the six nations which has moved to end lead poisoning of waterfowl has adopted a regulatory approach, but these nations have acted independently of each other, and yet the use of non-toxic shot should apply to all countries of a flyway.Several European treaty and policy precedents could form the basis of a pan-European regulation requiring the use of non-toxic shot. A proposal to eliminate the use of lead shot in wetlands has been made under the Bonn and Bern Conventions. An European Union-USA proposal to reduce the use of different categories of lead under an Organization of Economic Cooperation and Development Council Act has been made, but has deleted an earlier recommendation that lead shot be included. The substitution of lead shot by nontoxic alternatives is also consistent with the European Council Directive on the Conservation of Wild Birds of 1979. The passing of a European Council regulation, stipulating the minimal acceptable standards for shot used for waterfowl hunting, is seen as the most effective way to remediate this transboundary toxic problem. This type of action by the European Union, while recognizing the Principle of Subsidiarity, would still allow other member states to enact more rigorous legislation pertaining to the use of lead shot within their jurisdiction, as have Denmark and the Netherlands. Although responsibility to enact and enforce a European Council regulation is the prerogative of each member state, a single regulation would promote consistency of action amongst all states.
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Pankov, Yevhenii, Olha Filipshykh, and Dmytro Boichuk. "Problems of the environmental law of the European Union." Problems of Legality, no. 155 (December 20, 2021): 273–83. http://dx.doi.org/10.21564/2414-990x.155.243720.
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The problem of ecology is one of the most common problems of the twenty-first century. No country is immune: no country has better military equipment, no country with low inflation, no country with “perfect” legislation. The purpose of the article was to clarify legislative issues: European Union legislation was outdated, general and lacking in specificity. To address these problems, this article uses different approaches to the definition of environmental security, which makes it necessary to change the concept and the actions within which the definition is adopted. The article goes on to discuss the position of realists who argue that environmental security cannot be set because of lack of accountability “the importance” of the issue of “high” issues. Thus, the paper refers to the emergence of environmental security and its long path. This article contains the following changes and provisions: Brundtland Committee (1987), Convention on the Conservation of Nature and Natural Habitats in Europe (1979), International Tropical Timber Agreement (1983) as well as the Convention on Long-range Transboundary Air Pollution (1979), the Maastricht Treaty (1992), the Hazardous Substances Directives, the impact of EU measures on the environment and the Animal Protection Directive. In addition, the article exposes Programs designed to ensure and regulate environmental safety. The report of the European Environment Agency was also reviewed and a comparative analysis of the data contained in the report and the British Broadcasting Corporation estimates was made. The authors draw attention to several directives, calling them “triumvirate”, which provide the basis for countries to regulate some environmental legislation. Almost in the end of the paper the authors pay attention to the phenomenon of environmental ethics, which is a consequence of imperfect legislation. In its conclusion, the article states that the problems that arise from the lack of accountability of legal acts of a real environmental situation occur in the member states, taking into account the special case of the European Union.
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Golovko, Liudmyla, Olena Yara, Olena Uliutina, Andrii Tereshchenko, and Andrew Kudin. "Formation of Ukraine's Climate Policy in the Context of European Integration." European Journal of Sustainable Development 10, no. 4 (October 1, 2021): 138. http://dx.doi.org/10.14207/ejsd.2021.v10n4p138.
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It is an indisputable fact that one of the most important problems today is global climate change. Climate change affects everyone and requires a concerted effort at regional, national and international levels. The most intensive legal regulation of environmental protection, including climate change, which has an extremely negative impact on the environment, is carried out on the European continent. The European Union is a leader in climate change prevention and an example for other countries. The state policy of Ukraine on legislative adaptation is formed as an integral part of legal reform in Ukraine and is aimed at ensuring common approaches to rule-making, mandatory consideration of European Union legislation in rule-making, training of qualified specialists, creating appropriate conditions for institutional, scientific, educational, technical, financial support of the process of adaptation of the legislation of Ukraine. In the scholarly work global and European trends in climate change prevention policy were revealed. The adaptation of Ukrainian legislation in the field of climate change to EU law was analyzed. The conceptual foundations of the environmental policy of Ukraine in the context of climate change were considered. The challenges and problems on the way to the implementation of climate policy were determined.
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Kapusta, Nestor D., Elmar Etzersdorfer, Christoph Krall, and Gernot Sonneck. "Firearm legislation reform in the European Union: impact on firearm availability, firearm suicide and homicide rates in Austria." British Journal of Psychiatry 191, no. 3 (September 2007): 253–57. http://dx.doi.org/10.1192/bjp.bp.106.032862.
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BackgroundThe availability of firearms in homes and at aggregate levels is a risk factor for suicide and homicide. One method of reducing access to suicidal means is the restriction of firearm availability through more stringent legislation.AimsTo evaluate the impact of firearm legislation reform on firearm suicides and homicides as well as on the availability of firearms in Austria.MethodOfficial statistics on suicides, firearm homicides and firearm licences issued from 1985 to 2005 were examined. To assess the effect of the new firearm law, enacted in 1997, linear regression and Poisson regressions were performed using data from before and after the law reform.ResultsThe rate of firearm suicides among some age groups, percentage of firearm suicides, as well as the rate of firearm homicides and the rate of firearm licences, significantly decreased after a more stringent firearm law had been implemented.ConclusionsOur findings provide evidence that the introduction of restrictive firearm legislation effectively reduced the rates of firearm suicide and homicide. The decline in firearm-related deaths seems to have been mediated by the legal restriction of firearm availability. Restrictive firearm legislation should be an integral part of national suicide prevention programmes in countries with high firearm suicide rates.
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Southworth, Justina, Stuart Leather, Dafydd Lloyd Jones, John Gribble, and Simon Bray. "European Commitment to the Prevention of Marine Pollution from Shipwrecks." International Oil Spill Conference Proceedings 2014, no. 1 (May 1, 2014): 300142. http://dx.doi.org/10.7901/2169-3358-2014-1-300142.1.
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This poster sets out a proposal for the management of shipwrecks with the potential to cause oil pollution incidents. The poster will outline the legal framework of key European nation states and will look at international agreements relating to potentially polluting shipwrecks. It will propose a management plan that can be adopted by European countries in the form of either international agreements or through the European Union, which will include guidelines that should be adopted for the management of individual wreck sites. The classification of shipwrecks with the potential to release oil has been well documented through a number of papers, including the most recent study by NOAA in 2013. To supplement this process, subsurface oil spill modelling can be used to demonstrate the potential spatial footprint of the oil and indicate transboundary boundary maritime effects. These effects are a primary factor in the successful management of wrecks at risk in the European context. Building on the current European and International legislation, a suggested platform for proactive management will be proposed. The value of having a European body will enable a focused approach to deal with complex International and National relationships. In addition to a standard risk assessment for each wreck, its sovereignty, the territorial waters it is located in, and the territorial waters and coastline that may be effected in the event of a pollution incident, need to be considered, and included within the management plan. This gives rise to network of stakeholders whose inclusion into the process is imperative for successful outcomes. A European body responsible for the management of potentially polluting wrecks allows the issue to be removed from individual national interests. A dedicated pan-European body can focus on the wider issue of potential transboundary oil pollution and coordinate multiple resources to effectively address the issue.
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EVANS, DOUGLAS, ANDRÁS DEMETER, PETER GAJDOŠ, and ĽUBOŠ HALADA. "Adapting environmental conservation legislation for an enlarged European Union: experience from the Habitats Directive." Environmental Conservation 40, no. 2 (March 1, 2013): 97–107. http://dx.doi.org/10.1017/s0376892912000422.
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SUMMARYThe European Union's (EU's) Habitats Directive includes annexes listing the habitats and species requiring protection. As new countries join the EU these lists need to be amended to remain pertinent. In 2004 and 2007, 12 countries, mostly in central Europe, joined the EU and were asked to propose native species or habitats that required protection; this formed an initial base for negotiations with the European Commission in consultation with the existing member states and with scientific support from the European Topic Centre on Biological Diversity. The 12 countries made 831 proposals, resulting in the addition of 191 species and 33 habitats, and geographical exemptions for eight species. Although the Directive provided definitions, these needed to be supplemented with additional criteria to permit assessments of the proposals. The process involved many actors at both European and national level. This illustrates the development of biodiversity governance and provides potential lessons for future activities, including the need for scientific guidance and the importance of involving all relevant actors.
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Klovach, E. V., G. M. Seleznev, and A. Yu Sulimov. "Relationship between the Classification of Chemical Products and Criteria for Qualifying Objects as Hazardous Production Facilities." Occupational Safety in Industry, no. 10 (October 2022): 27–32. http://dx.doi.org/10.24000/0409-2961-2022-10-27-32.
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In 2002 the international community adopted a new system of hazard classification and labeling of chemical products, which is recommended to be implemented by all the Member- countries of the United Nations through national legislation and international acts. Within the frame of the implementation of this decision, in 2015 the amendments were made to the Directive of the European Community of June 24, 1982, № 82/501/EEC on the prevention of major industrial accidents, and to the United Nations Convention onthe prevention of major industrial accidents, and a little later to the national legislation of the European countries establishing measures on preventing major accidents. In 2017, the countries of the Eurasian Economic Union adopted the technical regulation on the safety of chemical products, which establishes classification criteria that are completely identical to the criteria for the system of hazard classification and labeling of chemical products. Entry into force of the technical regulation of the Eurasian Economic Union will lead to the need for amending all theregulatory legal acts and regulations that contain regulations based on the classification of chemical products, including in the Federal Law № 116-FZ of July 21, 1997, On industrial safety of hazardous production facilities. The task of harmonizing the legislation on industrial safety with the international documents in terms of the classification of chemicals was planned to be solved when developing a new law on industrial safety. During the discussion, the developers encountered different approaches to the definition of classes of hazardous substances, the analysis of which became the subject of this article. The authors formulated proposals that can be used at the next round of harmonization of the Russian legislation on industrial safety with the international documents. When preparing proposals with classes and lists of hazardous chemicals for use in the industrial safety legislation, a comparison was made not only of the definitions of classes of chemicals in different documents, but also of their quantities, which are the criteria for qualifying objects as hazardous production facilities. It is noted that the term «flammable liquids», used in 116-FZ, practically does not occur in the international classifications, therefore, when developing new documents, it was proposed not to use it.
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Zębek, Elżbieta. "Important issues in select European Union countries’ criminal environmental law in compliance with Directive 2008/99/EC." Vestnik of Saint Petersburg University. Law 12, no. 2 (2021): 356–73. http://dx.doi.org/10.21638/spbu14.2021.207.
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This article analyzes issues in criminal environmental law in Poland, the Czech Republic and Germany, which implemented the provisions of the European Commission Directive 2008/99/EC. The provisions of this directive changed the scope of protection of environmental resources in these countries’ penal codes to varying extents. These three countries have been relatively successful in comprehensively implementing criminal directive provisions. This included changes in the special protection of Natura 2000 sites and ozone depleting substances. Legal systems are generally based on prevention and risk assessment, and the basic conditions of criminal responsibility for environmental crimes include “significant damage, causing damage to the health of another or animals and plants, damage to other property and also water, air, soil and environmental components which have significant value”. Additional aspects include environmental damage over larger areas and restoration costs. However, the greatest current problem is the vague definition of conditions of criminal responsibility, which makes it difficult to enforce legislation. The following postulates de lege ferenda were formulated: clarify the premises for offenses against the environment, specify the costs of remedying environmental damage, define critical emission standards for environmental crime, as well as specify activities in protected areas that threaten objects. This article emphasizes that an increased and better definition of the conditions of criminal responsibility for environmental crimes enacted by EU countries may contribute to more effective enforcement of infringements of environmental protection law.
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Zajc, Katarina, and Breda Mulec. "New Challenges in the Filed of Ambient Air Protection with the Emphasis on Economic (in)efficiencies of Chimney Sweeping Services." Lex localis - Journal of Local Self-Government 11, no. 3 (July 1, 2013): 311–24. http://dx.doi.org/10.4335/11.2.311-324(2013).
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This paper analyzes new challenges in the field of ambient air protection, such as the use of new energy-generating products, and assesses the air quality protection responsibilities of local communities in European Union (EU) Member States. Domestic heating systems are a major source of air pollution. Thus, chimney-sweeping services are very important and must be regulated to provide fire safety and guarantee better ambient air quality. This paper analyzes Slovenian legislation regulating chimney-sweeping services and compares the Slovenian laws with comparable laws of other European countries and the national laws of EU Member States to examine the laws’ effectiveness in regulating and protecting air quality. More specifically, the paper uses legal and economic analyses to examine the efficiency of current legislation pertaining to chimney-sweeping services. The paper concludes that, consistent with theories of asymmetric information and negative externalities, licensing would be more effective in meeting the challenges of ambient air protection than current exclusive concession agreements, which effectively establish geographical monopolies in chimney-sweeping services.
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Macháčková, L., and P. Heneman. "The present time of transposition of the European environmental legislation into Czech food industry." Research in Agricultural Engineering 50, No. 3 (February 8, 2012): 112–16. http://dx.doi.org/10.17221/4936-rae.
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The accession of the Czech Republic in the European Union has brought a necessity to adopt a range of new legal regulations and to apply them in our conditions. Their application however connects with a highly demanding and complex process of implementation of the individual acts of law, administrative and time requirements. One of laws that had to be adopted is the Act No. 76/2002 Coll. on integrated prevention and pollution control, on the integrated pollution register and on amendment to some Acts (hereinafter the IPPC Act). The Act imposes an obligation for all operators of various industrial and processing plants working at certain production or processing capacities have to obtain a so called integrated license without which their activities will not be permitted to continue in the future. At the beginning of the integrated licensing procedure, each subject concerned by the Act is obliged to file an application for the integrated license at a relevant regional authority. There is an analysis of the present time of the IPPC problems in Czech food industry. At the present time, the procedure of licensing and applications for the integrated license are at various stages of the process in individual enterprises.
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Zavhorodnia, V. M. "The origin and development of the European Union sports policy and law." SUMY HISTORICAL AND ARCHIVAL JOURNAL, no. 39 (2022): 50–58. http://dx.doi.org/10.21272/shaj.2022.i39.p.50.
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The presented work is devoted to highlighting the processes of evolution of the EU sports law and policy, identifying facts and events that have contributed to the development of communitarian regulation in this area and establishing trends and directions significant for Ukraine in the European integration aspect. Integration processes, first purely economic and then increasingly multidirectional, could not but affect this vital sphere of social life on the European continent and internationally. Sport is an essential element of the self-realization of a human personality and a sphere of economic activity. It is also a form of international communication, cross-cultural communication, the assertion of authority, and a positive image of countries. Also, sports can be an instrument of political and diplomatic influence or even a means of responding to violations of international law and order. The evolution of EU sports policy and law has been a difficult and long way in the general context of European integration processes. Initially, the sport was not covered by Community law and the spheres of competence of the Communities. However, since the 60s of the last century, the foundations of the European sports model began to form. Implementing the Council of Europe’s standards in the Member States’ practice was essential in forming this model. The European sports model implies, on the one hand, the unity of values and sports traditions of Europe. On the other hand, it is based on considering the national characteristics of European countries, pluralism, and diversity of the organization of sports relations and activities of non-governmental sports organizations. To the main features of the European sports model, which have developed historically and are preserved to this day, the author refers voluntary participation in sports competitions, non-discrimination, democracy, solidarity, compliance with the rules of “fair play,” good governance, and prevention of corruption and abuse. The article characterizes the role of the Court of Justice of the European Union (CJEU) in the creation of the EU acquis in the field of sport. CJEU developed the legal criteria system for extending communitarian rules and principles to the economic aspects of sports activities, including regulating relations with non-state actors such as national Olympic committees, sports federations, etc. Relevant CJEU decisions are analyzed in the study, approaches to the application of EU competition rules in sports, as well as to labor relations, freedom of movement of workers, and the provision of services, are revealed. Further integration and reform of the EU under the provisions of the Lisbon Treaty led to the emergence of a sector of the EU policy in the field of sports and several regulations and organizational measures aimed at realization of this policy. Implementation of the relevant standards in the national legislation, introduction of the best practices of governance in the field of sports in the state policy and activities of non-governmental sports organizations are important components of the implementation of Ukraine’s European integration aspirations, fulfillment of obligations under the Association Agreement and prospectively – the criteria for the EU membership.
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Vidas, Davor. "The UN Convention on the Law of the Sea, the European Union and the Rule of Law: What is going on in the Adriatic Sea?" International Journal of Marine and Coastal Law 24, no. 1 (2009): 1–66. http://dx.doi.org/10.1163/157180808x353902.
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AbstractIn October 2003, Croatia declared an “Ecological and Fisheries Protection Zone” in the Adriatic Sea. However, in June 2004 Croatia decided to delay the implementation of that Zone for the European Union (EU) Member States. Then, in December 2006 it decided to implement the Zone fully from 1 January 2008—only to discontinue its application to EU countries from 15 March 2008. The developments and underlying reasons for the changing jurisdictional picture in the Adriatic Sea are the subject of this article. Key Adriatic Sea features, trends in uses of its living resources and maritime space, and resource conservation and marine pollution concerns are presented. Developments leading to recent national legislation and positions on maritime jurisdiction by Croatia as well as Italy and Slovenia are discussed. These regulations, positions and developments are assessed from the perspective of the law of the sea. Relevant policy perspectives, including aspects of EU membership, are included.
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Sadrić, Benjamin. "The Use of Military Forces in the Protection of the Borders and Prevention of Irregular Migrations in Selected South East European Countries." Hrvatska i komparativna javna uprava 19, no. 3 (September 27, 2019): 474–99. http://dx.doi.org/10.31297/hkju.19.3.6.
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The 2015 refugee crisis in Europe was a humanitarian, legal, and logistical cri sis. New circumstances gave rise to ideas of calling upon armies to serve at bor ders. This paper analyses all the elements of the refugee crisis that could serve to legitimise or oppose the use of military forces in the protection of state borders. Governments’ international obligations to protect refugees and providing security for their citizens came into conflict during the crisis. In an age of terrorist threats, the roles of the police and the military are shifting in an unknown direction, yet these international obligations remain. The refugee crisis challenged not only international law but also European Union policies and ethical principles. The possible solutions were either to ac cept all refugees or to close the borders entirely and somewhere in between these opposing solutions the army was considered as a tool. Many have emphasized that there is no place for military personnel at state borders regardless of refugee inflow. Hence, this paper examines the arguments for a “military ban”. Furthermore, a thorough analysis follows on the legal and logistical legitimacy of army usage at borders. At the end, Hungarian, Slovenian, and Croatian legislation are discussed and compared with a view to problems that could arise from the differences in the legislation regarding possible future migration and refugee inflows.
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Strzelecka, Agnieszka. "The Field of “Public Health” as a Component of Sustainable Development—Poland Compared to the European Union." Sustainability 13, no. 18 (September 16, 2021): 10351. http://dx.doi.org/10.3390/su131810351.
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The objective of the article is to analyse selected indicators of sustainable development in the field of “public health”, especially those related to health and health-related inequalities. The article focuses on the analysis of indicators in the field of “public health” presented by Eurostat. These indicators were presented in terms of averages and medians. Moreover, the paper indicates the amount of funds allocated for prevention in health care. In addition, the cluster method was used to identify EU countries similar to each other in terms of the leading indicator of sustainable development (SD). The study was conducted using annual data for 2010–2019 for Poland as compared to other EU countries. The study used data from the Eurostat and OECD databases. In almost all of the analysed countries, in relation to the demographic and health situation, there is a close link between the financial situation, health and inequalities in health-related fields. Patients’ sense of safety has decreased in Poland, which is the result of the growing consumption of health services and emerging problems with the availability of health care services as well as environmental pollution. Among others, the percentage of people with health problems and low income has increased. Although the percentage of unmet needs resulting from income inequalities has decreased over the past year in the analysed groups of countries, it is still high in Poland. The low level of expenditure on prevention makes these difficulties even more severe. In summary, capturing changes in indicators describing public health in the context of its impact on sustainable development plays a key role in balancing out inequalities in the EU countries and in managing a common policy.
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Boltanova, E. S., and M. P. Imekova. "Russian Legislation Development Prospects in the Field of Protection of Citizens’ Rights in Processing of Genetic Information (Private Law Outlook)." Lex Russica, no. 2 (February 28, 2022): 90–100. http://dx.doi.org/10.17803/1729-5920.2022.183.2.090-100.
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The European Union countries tend to ensure the protection of citizens’ rights when processing genetic information in such areas as healthcare, science, labor and insurance. In Russia, such protection of citizens’ rights is provided exclusively for the prevention, disclosure and investigation of crimes.The results of the study show that genetic information is an element of objects of various constitutional human and civil rights (for example, the right to health, the right to privacy, personal dignity, etc.). Consequently, it can be the object of a complex of legal relations of various areas of law: constitutional, civil, labor, etc. In this regard, it is concluded that the protection of the rights of citizens in Russia in processing of genetic information in such areas as healthcare, science, labor and insurance should have a complex (intersectoral) character. At the same time, there is no need to adopt a general law that would ensure the appropriate protection of citizens’ rights in all these spheres of society. It is enough to make point changes to the laws regulating public relations on processing of genetic information within a particular sphere. The Federal Law «On Personal Data» should definitely take a central place among such laws. Its norms are of «cross-cutting» character and are subject to application to all public relations, one way or another related to the processing of genetic information.In addition, there is a sphere of social life in Russia that is directly related to the processing of genetic information, but is not subject to legislative regulation. This is scientific research that uses biological samples of human origin. The authors of the paper, by analogy with the legislation of the European Union, propose to adopt a new Federal Law «On research of biological samples of human origin».
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Mamishova, N. Sh. "WITHDRAWAL FROM THE ISTANBUL CONVENTION IN THE CONTEXT OF THE EUROPEAN INTEGRATION ASPIRATIONS OF THE REPUBLIC OF TÜRKIYE." International and Political Studies, no. 35 (November 10, 2022): 64–79. http://dx.doi.org/10.18524/2707-5206.2022.35.263641.
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The Council of Europe Convention on preventing and combating violence against women and domestic violence opened for signature in 2011 in Istanbul, Türkiye, and has been known as the most comprehensive international agreement advocating the prevention, prosecution, and elimination of violence against women and domestic violence. As of September 2022, 44 CoE member states, including all the EU countries, as well as the European Union itself as an international organization, are signatories to the Convention. The 2017 official signing of the Convention by the EU as a whole testified to the acceptance by Brussels of the former’s role as of an authoritative international legal instrument establishing all-European norms in this area. The degree of Türkiye’s involvement in its instrumentalization naturally derives from the international agreement’s unofficial name – the Istanbul Convention. The Republic of Türkiye was the first country to sign the Convention in 2011 with a unanimous vote of the parliament, and later in 2012 expressed its consent to be bound hereby. The decision of President Erdoğan to denounce the international agreement bearing the name of Türkiye’s largest city, adopted in 2021, has caused surprise and concern amid the international political and human rights community. The European Union was no exception; the move has been interpreted as a negative signal in terms of the state’s commitment to its obligations to ensuring the rights of women and girls, as well as guaranteeing basic human rights, democracy, and the rule of law at large, given Türkiye’s status of EU membership candidate. Meanwhile, the so-called Istanbul Convention has not yet passed the ratification procedure in individual EU countries, as well as within the European Union per se. Likewise, the Convention’s international legal stance remains volatile since most participating states have granted it the status as part of national legislation with a number of reservations. This article addresses the following question: whether Türkiye’s withdrawal from the Istanbul Convention may be considered a demonstrative political message of official Ankara impeding the country’s European integration aspirations.
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Vennikova, V. V. "Disputes in the sphere of social security: ways of prevention, essence and methods of resolution in the countries of the European Union." Analytical and Comparative Jurisprudence, no. 3 (September 28, 2022): 98–102. http://dx.doi.org/10.24144/2788-6018.2022.03.17.
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The article examines the European experience of considering disputes in the field of social security, the ways of their prevention, the essence and methods of resolution, the possibility of borrowing positive assets of foreign states in the law enforcement practice of Ukraine is considered.
Having analyzed the European experience of resolving disputes in the field of social security, three ways of their possible settlement are distinguished: 1) with the help of special courts on social security issues (sectoral justice); 2) through a civil process in general courts; 3) by means of conciliation and arbitration procedures.
It was determined that a social model has developed in European countries, which is based on such values common to all EU member states, such as: a close connection between the level of economic development and social progress; high level of social security, which is universal in nature; developed legislation; equal opportunities and fight against discrimination; production democracy; dialogue of social partners within the framework of contractual relations; availability of developed social infrastructure; the key role of the state in solving social problems; the struggle for employment and eradication of the phenomenon of social rejection and poverty; decent salary; social justice and solidarity in society. These basic values also formed the basis of consideration and resolution of disputes in the field of social security. The listed values should form the foundation of the Ukrainian theory and practice of social disputes. It was determined that the national specifics and practice of each European state provide for the use of various methods of resolving social disputes with recourse to social courts, reconciliation services, mediation, arbitration and mediation. The activity of social courts is based on the principles of tripartite cooperation (tripartism). Court cases are considered by a panel consisting of a professional judge and two non-professional judges.
In addition, state mediation and mediation are effective measures for the pre-trial resolution of social disputes in the EU countries. They contribute to the relief of the judicial system, saving time and financial resources of the parties to the dispute. These institutions are little known for Ukraine and, at the same time, promising.
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Pushkareva,, E. F., and V. A. Mityushkin. "Certain International Legal Issues of Energy Policy of the European Union." Moscow Journal of International Law, no. 1 (July 25, 2020): 103–22. http://dx.doi.org/10.24833/0869-0049-2020-1-103-122.
Full textAbstract:
INTRODUCTION. One of the main tasks facing states in the context of growing world population is to satisfy the growing need to provide stable, cheap and environmentally safe energy. These issues can be addressed both through legal regulation and through the introduction of new technologies, including the gradual transition to renewable energy sources. Th European Union can be considered an undisputed leader in this field, which has carried out a major transformation of its internal energy market over the past two decades, resulting in a revision of traditional mechanisms of its functioning. However, the new legal order has led to new challenges, including those of an international nature, which must be addressed exclusively within the framework of international law. In this regard, this article analyzes current legal issues related to functioning of the EU energy market and their relationship with international law, including obligations arising from the WTO agreements, the UNCLOS as well as environmental treaties. In particular, special attention is given to the analysis of the main gas-related provisions of the Third Energy Package as well to the implementation of the cross-border gas pipeline project Nord Stream 2. Finally, the article covers the key points of the recently adopted Clean energy for all Europeans package.MATERIALS AND METHODS. The study is based on multilateral international treaties as well as legal acts and other offi al documents adopted within the European Union. The study is also based on the teachings of domestic and foreign researchers. The authors use general scientific methods as well as special methods such as historical, systematic, formal and comparative.RESEARCH RESULTS. The study shows that the acts adopted within the European Union in the field of energy may be in conflict with certain international rules, enshrined in the WTO agreements and the UNCLOS. In addition, the authors show that the implementation of the Third Energy Package by the EU Member States should be carried out taking into account the compatibility of the adopted norms with international legal standards on environmental protection.DISCUSSION AND CONCLUSIONS. Th authors conclude that despite the severity of the European legislation, it should be based on international law, which can restore the broken balance in relations with involved parties, primarily with Russia. The authors also propose to develop and adopt a number of instruments on environmental protection from damage caused by energy activities, including the prevention of transboundary air pollution over long distances and in the course of development and production of fuel and energy resources of the seabed.
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Shen, Hongcheng, and Yi Liu. "Can Circular Economy Legislation Promote Pollution Reduction? Evidence from Urban Mining Pilot Cities in China." Sustainability 14, no. 22 (November 8, 2022): 14700. http://dx.doi.org/10.3390/su142214700.
Full textAbstract:
Major economies, such as the United States, European Union (EU), Japan, and China have enacted Circular Economy Promotion Laws (CEPLs) to promote the development of the recycling industry. The Urban Mining Pilot Policy (UMPP) is an essential provision of the CEPL in China, which promotes a circular economy and environmentally friendly industries and society. In China, the Urban Mining Pilot City (UMPC) program facilitates the addressing of the negative environmental impacts of industrial and urban waste, and conservation of scarce primary resources, which are necessary for sustainable industrialization and urban sustainability in developing countries. In the present study, a time-varying difference-in-difference analysis of city-level panel data was conducted to investigate the impact of the UMPC program on pollution reduction in China. The results indicated that the UMPC program has improved municipal waste management efficiency and environmental quality significantly, with robust results across various models and datasets. Additionally, the mediation test showed the positive impacts of the UMPC program are mainly associated with the economy-of-scale effects. Finally, the UMPP had geographical and social-economic heterogeneous effects. To the best of our knowledge, this is the first study to quantify the impact of the UMPC program on recyclable solid waste management and pollution reduction in urban China, with potential contributions to resource and environmental economics.
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Ismailov, K. "To the issue of personal information circulation in the national police databases." Fundamental and applied researches in practice of leading scientific schools 38, no. 2 (April 30, 2020): 41–45. http://dx.doi.org/10.33531/farplss.2020.2.7.
Full textAbstract:
The urgency of the problem under consideration is due to the outdated legal framework of Ukraine in the sphere of personal information circulation, which has been in existence for more than 10 years, given the significant gradual changes that have already taken place and are planned in the legislation of the member states of the European Union. And with the advent of modern information and telecommunication technologies, the issues of processing of personified information become even more urgent in view of respect for fundamental rights and freedoms of citizens.
The purpose of the article is to analyze the current legislation of the European Union and Ukraine in the sphere of the circulation of personal information during the detection, prevention and investigation of offenses.
Research methods. To achieve this goal, a number of scientific methods were used, namely: theoretical - to study and analyze national and international legal acts, scientific and methodological literature, summarize information to determine theoretical and methodological bases of the research; logical analysis - to formulate basic concepts and conduct classification; specific historical - to demonstrate the dynamics of the development of protection of personalized information about a person; dialectics - to determine the content and features of the constituent elements in the sphere of personal information turnover; empirical methods - to summarize the best practices of EU countries.
Results of the research. The article analyzes the recent changes in the EU countries in the field of protection of fundamental rights and freedoms of citizens when processing personal data by law enforcement agencies. Particular attention is paid to the urgency of storing personal data in police databases. The article also gives examples of European countries' law enforcement models in the area of the circulation of personal information. Attention is drawn to the basic principles of the processing of personal data, which are set out in the documents of the «Data Protection Package» adopted by the European Parliament, namely: legality, fairness and transparency; target restriction; minimizing data; accuracy; storage restrictions; integrity and confidentiality. The main provisions of the normative legal acts of Ukraine are presented, which reflect the norms regulating the sphere of turnover of personal data.
Practical importance. Thus, European legislation in the field of the circulation of personal information, which came into force in May 2018, significantly modernized the existing information relations. It is stated that in different EU countries there is an approach to regulating the timing of personal data retention in police bases, which should be compatible with the rights and freedoms of individuals. Changes in EU law go hand in hand with limiting the timeframes for finding information in police databases and differentiating information based on the nature of the crime, the person's age, time elapsed, and the person's behavior. Due to this, the legislator came to a balance between securing the right of privacy and property of a person for his personal data and the need to exercise the statutory functions of the state, performed in the interests of national security, protection of human rights and security.
It is necessary to introduce in Ukraine a new model of personal data turnover, which will be based on the modern realities of accumulation, processing, analysis and dissemination of information, by changing the provisions of regulations in the specified field in accordance with the principles set out in the documents of the «Data Protection Package», which provide creating conditions for ensuring a consistent international legal framework for the protection of personal data.
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Steblianko, A. V., and D. A. Riepin. "Cryptocurrency as a modern phenomenon: advantages, disadvantages, problems of legal regulation." Legal horizons, no. 26 (2021): 97–101. http://dx.doi.org/10.21272/legalhorizons.2021.i26.p97.
Full textAbstract:
The article is devoted to the study of cryptocurrency as a new means of payment, which is relevant both in Ukraine and abroad. The urgency of the problem described in the article is due to the accelerated scientific and technological progress and global computerization of society, where modern technologies contribute to the emergence and development of new mechanisms of the economy, in particular, relations using non-cash payments. The main features of cryptocurrency are considered and argued in the form of its advantages: availability, speed, decentralization, security, and disadvantages: unreliability, distrust of users, inability to cancel transactions, use to commit illegal acts. The features that are controversial in modern conditions are anonymity and transnationality. The main problems of cryptocurrency and its legal regulation are generalized. Emphasis is placed on the practice of regulating the cryptocurrency market in the European Union, as well as on the legislation of the Republic of Estonia in the field of virtual assets. The legal status of cryptocurrency in Ukraine is considered, which is an urgent problem on the way to its legalization both in the legislative and technical plan. Attempts to legally regulate a new type of currency are analyzed. Bills and acts of the National Bank of Ukraine in the field of cryptocurrency circulation are described. Gaps in the current legislation, in particular in the Law of Ukraine "On Prevention of Corruption", were identified, and ways to solve such problems were suggested. It is concluded that it is necessary to develop and create effective legislation in the field of regulation and control of cryptocurrency circulation not only at the national but also at the international level, because otherwise there is a threat to economic and financial life of the state and society and other problems for the international community. in the form of criminal acts with cryptocurrency, because today in Ukraine there is no effective legislation on the circulation of cryptocurrency, and the number of problems with the use of digital currency is growing every day, so it is worth paying attention to such components as the Internet and virtual assets, as in the leading countries of the world this direction is important in domestic and foreign policy.
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Pajtić, Bojan. "The right to environmental protection in Serbia: Between ethics of good intention and ethics of responsibility." Zbornik radova Pravnog fakulteta, Novi Sad 55, no. 4 (2021): 1063–82. http://dx.doi.org/10.5937/zrpfns55-30732.
Full textAbstract:
The paper focuses on formal and practical problems in the field of environmental protection, which occur as a consequence of omissions of the legislative and executive authorities in Serbia. The text analyzes the positive legislation and compliance of domestic legal regulations with international declarations and conventions ratified by our country (from the Stockholm Declaration and the Council of Europe Convention on Civil Liability for Damage Caused by Dangerous Activities to the Environment to the Rio Declaration), as well as with European Directives (EU Directive on Industrial Emissions) and Regulations (Regulation No. 525/2013 on monitoring and reporting of greenhouse gas emissions and reporting on other information relevant to climate change). The candidacy for equal membership in the European family of nations obliges the Serbian Parliament and the Government to make additional efforts in the direction of harmonizing our law with the European one. The paper takes a de lege ferenda approach, so the author explains the need to amend a number of laws, such as the Law on Environmental Impact Assessment, the Law on Strategic Environmental Assessment, the Law on Fees for the Use of Public Goods and the Law on Budget system, as well as the enactment of the Law on Climate Change and the Serbian Civil Code as soon as possible (in which dilemmas that hinder the subjects of law in using the environmental lawsuit as an instrument of environmental protection should be resolved). An unacceptable deviation from one of the fundamental principles established by the Rio Declaration was pointed out, which brings with it a number of structural problems and the inability of both the Green Fund institutions and a number of organizations that focus on ecology. The consequences of the discrepancy between the intentions proclaimed by the Constitution of Serbia and the National Strategy of Serbia for the accession of Serbia and Montenegro to the European Union from 2005 on the one hand and the absence of adequate legislative and executive activities in environmental protection, on the other hand, are obvious in the reports of the European Commission and the European Environment Office, as well as in the health risk and increased mortality of a large number of citizens of Serbia and other European countries, due to harmful emissions that cause pollution of air, water and soil in our country. In addition to the proposals for changes in the formal framework in the field of environmental protection, the paper points out the need to use those mechanisms of civil protection, such as environmental lawsuits (established by the Law on Obligations 1978), which is, by its nature, actio popularis and in that sense accessible to the widest range of subjects. The defense of the standards established by the Kyoto Protocol and the Basel Convention would, through the extensive use of this procedural instrument, be placed not only in the hands of representatives of the legislature and the executive, but also, the judiciary (conditionally, of course, because courts can decide only initiate a civil action, but not on its own initiative).
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Lesko, Natalia. "Legal principles of preventing median violence against children." Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no. 13(25) (June 8, 2022): 98–105. http://dx.doi.org/10.33098/2078-6670.2022.13.25.98-105.
Full textAbstract:
Purpose. The aim of the article is to analyze the legal basis for preventing media violence against children. Method. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material and the formulation of relevant conclusions. During the research the methods of scientific cognition were used: comparative-legal, logical-semantic, functional, system-structural, logical-normative. Results. The study recognized that it is appropriate to provide in the Law of Ukraine "On Child Protection" a ban on disclosing or publishing in the media confidential information about children in difficult life situations, if the dissemination of such information could harm the child, regardless of parental consent or other legal representatives of the child. Media violence is a form of psychological violence that involves propaganda of violence through the media if it causes emotional insecurity, inability to protect oneself, or mental health damage. The main feature of the modern information society is the recognition of the priority of information as one of the results of human activity. Most of the time behind a computer, modern man can no longer imagine his existence without it, which often leads to the formation of computer addiction. In addition, one of the urgent problems that arose in the era of information technology is the problem of cyberbullying - harassment of the Internet, through messages containing insults, intimidation. Such harassment can be applied to both adults and children. Currently, the phenomenon of cyberbullying is actively manifested in many developed foreign countries, such as the United States, Canada, the European Union and other countries, where public authorities are forced to pay more and more attention to this issue. It is almost impossible to eliminate violence in the media, as they shape their agenda based on the interest of the viewer. And, unfortunately, violence is one that attracts the attention of broad sections of the population. Therefore, educational institutions should help children to form the idea that the agenda, the methods of activity imposed by the media, have value only in the symbolic and not in the practical world. Scientific novelty. In the course of the research it was established that an important measure to prevent and counteract violence in the media may be the introduction of a special course "Violence and Media Space" in the curricula for the specialty 061 "Journalism". Practical significance. The applied value of the study is determined by the fact that the scientific results provide a basis for improving legislation in the field of prevention of media violence against children.
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Sheludko, Ella. "Modernizational instruments of institutional support of industry ecologization." University Economic Bulletin, no. 42 (June 19, 2019): 136–49. http://dx.doi.org/10.31470/2306-546x-2019-42-136-149.
Full textAbstract:
Relevance of research topic. The development of a resource-efficient economy has become a natural trend for the development of many developed countries, even those that are rich in natural resources. Ukraine has also started transforming its economic system in response to growing challenges from resource constraints, climate change and competition in international markets. An important push in this direction was the signing of the Association Agreement between Ukraine and the European Union, according to which there should be an implementation of the substantive provisions of the EU Directives concerning the "greening" of industry, and in particular those affecting the activity and development of potentially dangerous industries. Hence, there is a need for monitoring of implementation of institutional instruments for ecologization of industrial production and analysis of the implementation of economic reforms, which are provided with a number of strategic state documents in the field of “greening” of the industry. Formulation of the problem. Today there is a need for reforming the existing system of air quality management, water and wastewater management, waste management, since the current one does not allow full implementation of the policy provisions of the Association Agreement between Ukraine and the European Union. Comprehensive solution of urgent environmental problems requires coordinated actions of various government institutions and the adoption of managerial decisions on the assessment of technogenic and environmental risks and the monitoring of the environmental impact of industrial enterprises; there is also a need for the introduction of new effective levers of state policy on the management of hazardous production on the basis of the concept of "greening" of the industry. Analysis of recent research and publications. The problems of the disclosure of the transformational changes in the industry in the direction of its "greening" and the role of the state in the modernization of potentially hazardous productions have been given considerable attention in the scientific works of Berzina S., Burkinskyi B., Veklych O., Galushkina T., Ilyashenko I., Kvasha T., Kozachenko T., Kupinets L., Musina L., Omelchenko A., Potapenko V., Harichkov S., Khlobistov Y. and others. Selection of unexplored parts of the general problem. The new environmental policy is the control of pollution of the environment, primarily, the control of industrial pollution. In this context, the environmental modernization of industrial enterprises is conditioned by changing the state's environmental policy towards polluting enterprises, which will improve the quality of life for modern and future generations, will provide "green" industrial growth, form effective mechanisms for the preservation and restoration of the natural environment. The introduction of new instruments of state policy in the environmental sphere is a large-scale reform that will affect the entire Ukrainian industry, while the formation of a systematic vision of major achievements in the implementation of international requirements for the eco transformation of industrial enterprises is still an insufficiently researched issue in the scientific literature. Setting the task and the purpose of the study. The main task of the publication is the development of effective measures to improve institutional instruments for managing the ecological development of industrial enterprises in order to support the implementation of the Agreement with the EU in the field of greening the Ukrainian economy and assessing the implementation of the EU Directives, the implementation of other international instruments in Ukrainian legislation, including management of hazardous enterprises, which will help minimize the risks of environmental aspects in the process of production, effective prevention and control of industrial pollution, raising the level of environmental safety. Method or methodology for conducting research. The research uses the following methods of scientific knowledge: dialectical method, methods of comparison and observation, methods of economic analysis, analysis and synthesis, ascension from abstract to concrete, system-structural method. Presentation of the main material (results of work). The current state and trends of the development of potentially dangerous industrial enterprises in Ukraine are characterized and the features of their functioning are characterized, which are connected in a certain way with the significant use of potentially dangerous technologies, the growth of environmental problems and territories where there is a high probability of natural and man-made disasters; the analysis of strategic documents of the state in the field of hazardous production management has been carried out; new approaches to environmental modernization of potentially hazardous industries, determined by the priority of environmental safety and subordination of the goals of the development of industrial production to the technology of environmental and ecological safety with the coordination of interests of the ecology and economy, are grounded; recommendations on ecological adaptation of economic growth related to the development of industry have been developed. The field of application of results. Realization of measures of influence of state ecological policy on activity of industrial enterprises. Conclusions according to the article. The proposed measures on ecological adaptation of economic growth in industry allow to improve the mechanism of prevention, reduction and control of industrial pollution in accordance with international environmental requirements and promote the industrialists and entrepreneurs in ensuring the proper level of "greening" of technological processes.
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Delponte, Ilaria, and Paolo Rosasco. "Sustainable mobility and economic sustainability: the case of the new trolleybus line in Genoa." Valori e Valutazioni 29 (January 2022): 57–78. http://dx.doi.org/10.48264/vvsiev-20212906.
Full textAbstract:
With over 3.5 billion people currently residing in major cities around the world, the issue of urban mobility is a current issue and is particularly important in European countries where over 75% of the population is concentrated in urban areas. Even today, many of the daily journeys depend on cars and other private motorized vehicles, with a strong impact in terms of air pollution, noise and climate change as in the European Union transport is responsible for a quarter of greenhouse gas emissions. Reducing private transport and making urban transport systems greener and more efficient therefore has important benefits: for the health, climate and prosperity of cities. New models of transport and urban accessibility, increasingly oriented towards environmental sustainability, must therefore be adopted; the choice of the transport solution must be made in relation to not only technical but also economic, social and environmental feasibility. Taking a cue from the Call issued in 2018 by the Ministry of Infrastructure and Transport for the selection of urban mobility proposals that can access the economic resources intended for the enhancement and implementation of rapid mass transport systems provided for by Law no. 232/2016, this contribution deals with the evaluation of three transport proposals hypothesized for the connection between the city center of Genoa (Brignole station) and the district of Prato, along the Bisagno Valley, developed according to the indications contained in the Urban Mobility Plan of the Municipality. In particular, a Cost-Benefit Analysis (CBA) is developed according to the indications given in the Notice and in the Guidelines of the Ministry of Infrastructure and Transport for the evaluation of investments in public works. The objective is to verify the applicability of the CBA tool for assessing the economic and financial sustainability of the solutions analyzed - also in relation to the indications given in the legislation, the transport scenarios configured and the reliability of the results obtained, for the the choice of the transport solution to be adopted. Con oltre 3,5 miliardi di persone che risiedono attualmente nelle grandi città del mondo, il tema della mobilità urbana è una questione attuale ed è particolarmente importante nei paesi europei dove nelle aree urbane si concentra oltre il 75% della popolazione. Ancora oggi, molti degli spostamenti quotidiani dipendono dalle auto e da altri veicoli motorizzati privati, con un forte impatto in termini di inquinamento atmosferico, sonoro e sul cambiamento climatico visto che nell’Unione europea i trasporti sono responsabili di un quarto delle emissioni di gas serra. Ridurre il trasporto privato e rendere i sistemi di trasporto urbani più ecologici e più efficienti presenta quindi dei vantaggi importanti: per la salute, il clima e la prosperità delle città. Nuovi modelli di trasporto e di accessibilità urbana, sempre più orientati verso la sostenibilità ambientale, devono quindi essere adottati; la scelta della soluzione trasportistica deve essere fatta in relazione alla fattibilità non solo tecnica ma anche economica, sociale ed ambientale. Prendendo spunto dal Bando emesso nel 2018 dal Ministero delle Infrastrutture e dei Trasporti per la selezione delle proposte di mobilità urbana che possono accedere alle risorse economiche destinate al potenziamento e alla realizzazione di sistemi di trasporto rapido di massa previste dalla Legge n. 232/2016, il presente contributo tratta della valutazione di tre proposte trasportistiche ipotizzate per il collegamento tra il centro della città di Genova (Stazione Brignole) e il quartiere di Prato, lungo la Val Bisagno, sviluppate secondo le indicazioni contenute nel Piano Urbano di Mobilità del Comune. In particolare è sviluppata l’Analisi Costi-Benefici (ACB) secondo le indicazioni riportate nel Bando e nelle Linee Guida del Ministero delle Infrastrutture e Trasporti per la valutazione degli investimenti in opere pubbliche. L’obiettivo è quello di verificare l’applicabilità dello strumento dell’ACB per la valutazione della sostenibilità economica e finanziaria delle soluzioni analizzate anche in relazione alle indicazioni riportate nella normativa, agli scenari trasportistici configurati e all’attendibilità dei risultati ottenuti, ai fini della scelta della soluzione trasportistica da adottare.
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Derzhaliuk, M. "Results of Parliamentary Elections in Hungary on April 3, 2022 and Prospects of Ukrainian-Hungarian Relations (Part 1)." Problems of World History, no. 18 (November 8, 2022): 144–86. http://dx.doi.org/10.46869/2707-6776-2022-18-7.
Full textAbstract:
The article is dedicated to the elections to the State Assembly of Hungary on April 3, 2022, which ended with the victory and acquisition of a constitutional majority by the now ruling coalition of Fidesz-Hungarian Civil Union and the Christian Democratic People’s Party (KDNP) - (Fidesz–KDNP).
It analyzes its electoral platform “War or Peace”, the center of which was the attitude to the Russian-Ukrainian war. It is indicated that this war divided the political forces of Hungary into two camps – supporters of neutrality (peace) or supporters of Ukraine (war). The ruling coalition advocated neutrality, non-intervention in the war, which guaranteed the preservation of peace and tranquility for the citizens of Hungary. All the opposition forces showed support for Ukraine against Russia. The authorities accused the latter of the fact that their pro-Ukrainian and anti-Putin activities posed a danger and threatened the spread of the war to the territory of Hungary. It is emphasized that thanks to this position, Fidesz–KDNP won a convincing victory in Hungary as a whole and especially among the Hungarian communities abroad, while the six-party opposition bloc, although it won convincingly in 17 of Budapest’s 18 districts, suffered a significant defeat in the country as a whole.
The main reasons for the unexpected victory of the ruling coalition Fidesz - HDNP in these elections are highlighted. Among them: the coalition flexibly combined centrist and center-right values, synthesized them and rose above narrow party interests, turning into a broad popular front of the Hungarian nation. It is also noted that during the 12-year remaining stay in power in the country, transformations were completed, namely, a new Basic Law (constitution) was adopted, relevant legislation was formed, and a national democratic model of political and economic power was introduced according both to the state and EU standards that complies with state and EU standards. The internal policy was aimed at the development of traditional branches of the economy and the formation of modern forms of management. Relatively high economic development of the country was ensured thanks to by the effective use of foreign investments, international markets, which are far from being limited to EU countries. Hungary develops close cooperation with countries of all regions, if its national interests are ensured. Great attention is paid to the support and protection of Hungarian communities living in countries neighboring Hungary (Romania, Slovakia, Serbia, Ukraine). At the legislative level, the status of Hungarians abroad is almost equal to that of Hungarians in the country itself. The policy of national unity, the recognition of Hungarians, regardless of their residency country of residence, as members of a united single Hungarian nation, gained general approval. The concentration of domestic and foreign policy on the priority of Hungarian interests helped Fidesz to turn into an authoritative and reliable political force of the country, which, using civilized methods, fights for the future of Hungary, the comprehensive development of its people, the preservation of the identity of Hungarian communities abroad, the prevention of assimilation, mass emigration and the restriction of their rights along national lines. In addition, the ruling coalition managed to form a reliable financial, personnel, and media potential, to significantly expand the electoral field of its activities, which no opposition political force is able to compete with, especially during the elections to the State Assembly.
The qualitative composition of the new parliament was analyzed. The progress of the election of the new President of Hungary on March 9, the speaker of the newly elected parliament, his deputies and heads of parliamentary factions on May 2, and finally the Prime Minister of Hungary on May 16 and the approval of the country’s new government headed by Viktor Orbán on May 24, is highlighted.
Great attention is paid to the formation of Hungarian-Ukrainian relations. The analysis of political processes during the election campaign and in the first months after the end of the elections, in particular the attitude of Budapest to the aggression of the Russian Federation against Ukraine, to the formation of Hungarian-Ukrainian relations, allowed us to draw conclusions that the priorities of the international activities of the ruling coalition of Hungary will remain unchanged: serving the interests of the Hungarian nation on in all territories of its residence, in particular support, protection and assistance to Hungarian national communities in Romania, Slovakia, Serbia and Ukraine. The results of the parliamentary elections in Hungary on April 3, 2022 confirmed that these principles are unchanged and continue to be binding in the activities of the Hungarian government institutions.
It is emphasized that the level of development of Hungary's bilateral relations with neighboring states will depend on ensuring the Hungarian foreign communities interests how the interests of the Hungarian foreign communities will be ensured (granting dual citizenship, autonomy status for the community, creating conditions for cultural and educational development based on in the national language and traditions). Hungarian-Ukrainian relations will be in the same condition state. Hungary supports the territorial integrity of Ukraine, its European choice, condemns Russian aggression, supports the EU’s sanctions policy against the Russian Federation, and provided shelter for 800,000 refugees from Ukraine. More than 100,000 people from Ukraine stay are in Hungary illegally. Since July 19, Hungary has allowed the transit of weapons from other countries through its territory to Ukraine. Yet But it continues to maintain neutrality in the Russian-Ukrainian war, supports EU energy sanctions against the Russian Federation in such a way that it does not harm its economic interests. At the same time, it does not agree to the application of certain legal provisions on education the procedure for using the Ukrainian language as the official language on the territory of Ukraine, that came into force in 2017 and 2019 to the Hungarian community of Transcarpathia of a number of provisions of the laws on education and the procedure for using the Ukrainian language as the official language on the territory of Ukraine, which came into force in 2017 and 2019.
It is emphasized that the settlement of cultural and educational issues of the Hungarian community of Transcarpathia should become a priority task for both countries.
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Derzhaliuk, M. "Results of Parliamentary Elections in Hungary on April 3, 2022 and Prospects of Ukrainian-Hungarian Relations (Part 2)." Problems of World History, no. 19 (October 27, 2022): 143–75. http://dx.doi.org/10.46869/10.46869/2707-6776-2022-19-9.
Full textAbstract:
The article is dedicated to the elections to the State Assembly of Hungary on April 3, 2022, which ended with the victory and acquisition of a constitutional majority by the now ruling coalition of Fidesz-Hungarian Civil Union and the Christian Democratic People’s Party (KDNP) - (Fidesz–KDNP).
It analyzes its electoral platform “War or Peace”, the center of which was the attitude to the Russian-Ukrainian war. It is indicated that this war divided the political forces of Hungary into two camps – supporters of neutrality (peace) or supporters of Ukraine (war). The ruling coalition advocated neutrality, non-intervention in the war, which guaranteed the preservation of peace and tranquility for the citizens of Hungary. All the opposition forces showed support for Ukraine against Russia. The authorities accused the latter of the fact that their pro-Ukrainian and anti-Putin activities posed a danger and threatened the spread of the war to the territory of Hungary. It is emphasized that thanks to this position, Fidesz–KDNP won a convincing victory in Hungary as a whole and especially among the Hungarian communities abroad, while the six-party opposition bloc, although it won convincingly in 17 of Budapest’s 18 districts, suffered a significant defeat in the country as a whole.
The main reasons for the unexpected victory of the ruling coalition Fidesz - HDNP in these elections are highlighted. Among them: the coalition flexibly combined centrist and center-right values, synthesized them and rose above narrow party interests, turning into a broad popular front of the Hungarian nation. It is also noted that during the 12-year remaining stay in power in the country, transformations were completed, namely, a new Basic Law (constitution) was adopted, relevant legislation was formed, and a national democratic model of political and economic power was introduced according both to the state and EU standards that complies with state and EU standards. The internal policy was aimed at the development of traditional branches of the economy and the formation of modern forms of management. Relatively high economic development of the country was ensured thanks to by the effective use of foreign investments, international markets, which are far from being limited to EU countries. Hungary develops close cooperation with countries of all regions, if its national interests are ensured. Great attention is paid to the support and protection of Hungarian communities living in countries neighboring Hungary (Romania, Slovakia, Serbia, Ukraine). At the legislative level, the status of Hungarians abroad is almost equal to that of Hungarians in the country itself. The policy of national unity, the recognition of Hungarians, regardless of their residency country of residence, as members of a united single Hungarian nation, gained general approval. The concentration of domestic and foreign policy on the priority of Hungarian interests helped Fidesz to turn into an authoritative and reliable political force of the country, which, using civilized methods, fights for the future of Hungary, the comprehensive development of its people, the preservation of the identity of Hungarian communities abroad, the prevention of assimilation, mass emigration and the restriction of their rights along national lines. In addition, the ruling coalition managed to form a reliable financial, personnel, and media potential, to significantly expand the electoral field of its activities, which no opposition political force is able to compete with, especially during the elections to the State Assembly.
The qualitative composition of the new parliament was analyzed. The progress of the election of the new President of Hungary on March 9, the speaker of the newly elected parliament, his deputies and heads of parliamentary factions on May 2, and finally the Prime Minister of Hungary on May 16 and the approval of the country’s new government headed by Viktor Orbán on May 24, is highlighted.
Great attention is paid to the formation of Hungarian-Ukrainian relations. The analysis of political processes during the election campaign and in the first months after the end of the elections, in particular the attitude of Budapest to the aggression of the Russian Federation against Ukraine, to the formation of Hungarian-Ukrainian relations, allowed us to draw conclusions that the priorities of the international activities of the ruling coalition of Hungary will remain unchanged: serving the interests of the Hungarian nation on in all territories of its residence, in particular support, protection and assistance to Hungarian national communities in Romania, Slovakia, Serbia and Ukraine. The results of the parliamentary elections in Hungary on April 3, 2022 confirmed that these principles are unchanged and continue to be binding in the activities of the Hungarian government institutions.
It is emphasized that the level of development of Hungary's bilateral relations with neighboring states will depend on ensuring the Hungarian foreign communities interests how the interests of the Hungarian foreign communities will be ensured (granting dual citizenship, autonomy status for the community, creating conditions for cultural and educational development based on in the national language and traditions). Hungarian-Ukrainian relations will be in the same condition state. Hungary supports the territorial integrity of Ukraine, its European choice, condemns Russian aggression, supports the EU’s sanctions policy against the Russian Federation, and provided shelter for 800,000 refugees from Ukraine. More than 100,000 people from Ukraine stay are in Hungary illegally. Since July 19, Hungary has allowed the transit of weapons from other countries through its territory to Ukraine. Yet But it continues to maintain neutrality in the Russian-Ukrainian war, supports EU energy sanctions against the Russian Federation in such a way that it does not harm its economic interests. At the same time, it does not agree to the application of certain legal provisions on education the procedure for using the Ukrainian language as the official language on the territory of Ukraine, that came into force in 2017 and 2019 to the Hungarian community of Transcarpathia of a number of provisions of the laws on education and the procedure for using the Ukrainian language as the official language on the territory of Ukraine, which came into force in 2017 and 2019.
It is emphasized that the settlement of cultural and educational issues of the Hungarian community of Transcarpathia should become a priority task for both countries.
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"Transboundary Environmental Governance and the Baia Mare Cyanide Spill." Review of Central and East European Law 27, no. 4 (2001): 639–91. http://dx.doi.org/10.1163/157303501124667676.
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AbstractMining gold with the use of cyanide has always been an inherently dangerous activity requiring strict regulatory oversight and the application of appropriate technology to prevent environmental harm. The cyanide spill from the Aurul S.A. gold-mining operation in Baia Mare, Romania, was a warning to the international community that legal and institutional regimes that should prevent and respond to such accidents may as yet not be fully developed, especially in countries in transition. In particular, the international legal regimes for industrial-accident prevention, liability, and foreign direct investment must be considered as a whole in order to identify gaps and weaknesses in the system that should be addressed in the effort to protect human health and the environment from such accidents. In addition, the gap between legal requirements and commitment to, and capacity for, implementation—especially in transition countries—must be addressed.This article addresses the need to bring attention to the international legal implications of the Baia Mare accident. First, the article sets the stage by briefly identifying the positive responses that the accident has evoked from Romanian and international stakeholders, indicating that steps have already been taken to strengthen the institutional and legal framework governing mining operations. Then, the international legal obligations of Romania at the time of the accident are examined, followed by the identification of international conventions to which Romania was not party at the time of the accident and that could have helped prevent the accident. Gaps in the international legal regimes relevant to the accident are also identified and recommendations are made for filling them, including principles of environmental governance for foreign investors in countries in transition. Recommendations are also made for addressing the issue of implementation.The accident at Baia Mare has resulted in a number of positive responses—both domestically in Romania, as well as regionally and at a broader European level—and it is incumbent upon stakeholders to continue to expand the scope of social learning that the accident has made available. Actions taken in Romania after the spill include closer cooperation between local/regional officials and environmental nongovernmental organizations and a generally increased sensitivity among NGOs to the dangers inherent in mining activities. NGOs have now assumed watchdog and public-education roles. Responses at the European level include greater transboundary cooperation in river management and a strong push by the European Union to amend the Seveso II Directive on industrial-accident prevention to cover mining operations.Romania was not party to several key international conventions that could conceivably, if implemented, have prevented or minimized the effects of the accident at Baia Mare or provided for a more effective long-term response. These include the Convention on the Transboundary Effects of Industrial Accidents and the Convention on the Law of the Non-navigational Uses of International Watercourses. In addition to international legal instruments to which Romania was not party, there are also European Union directives that Romania has not yet transposed into domestic law. As a country seeking to join the European Union, transposition of EU legislation is a high priority for Romania. Priority should be given to the Seveso II Directive, which seeks to prevent industrial accidents, and the directive on integrated pollution prevention and control, which requires the use of the best available technology to prevent discharges.Gaps and weaknesses in international law fall into three main categories: industrial-accident prevention, liability for environmental harm, and foreign direct investment.
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Makushev, Pavlo V., and Andriy V. Khrid�chkin. "THE CONCEPT AND CONTENT OF PUBLIC ADMINISTRATION PROCEDURES IN THE FIELD OF INTELLECTUAL PROPERTY IN THE COUNTRIES OF THE EUROPEAN UNION." Bulletin of Alfred Nobel University Series "Law" 1, no. 2 (June 2021). http://dx.doi.org/10.32342/2709-6408-2021-1-2-15.
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The article considers the features of public administration in the field of intellectual property and the conceptual basis for the formation of its procedures in the European Union. The conceptual bases of formation and development of procedures of public administration in the field of intellectual property in the countries of the European Union are opened. The pluralism of approaches to the definition of public administration procedures in the field of intellectual property in the countries of the European Union is analyzed. The normative-legal base of procedures of public administration in the field of intellectual property in the countries of the European Union is given. The acts of the Court of Justice of the European Communities on public administration in the field of intellectual property are analyzed. It is proved that the formation of European private law is due to the purpose of creating and functioning of a common market. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. The process of improving the procedures of public administration in the field of intellectual property in the European Union is analyzed and the legal framework of this process is given. A feature of European Union law is to strengthen the protection of intellectual property rights through two main mechanisms: harmonization of legislation of member states of the European Union and the introduction of European Union protection documents for various intellectual property. Thus, other partner countries of the European Union, in addition to measures to approximate legislation, may decide on the signing of agreements on entry into the regional European system of protection of certain intellectual property. The member states of the European Union pursue a coherent policy in the field of legal protection and use of intellectual property. Guided by the principle of free movement of goods and services, they focus their efforts primarily on the unification and harmonization of legislation in the field of intellectual property and prevention of the use of intellectual property rights in unfair competition. Within the European Union, a system of direct regulation of the processes of unification and harmonization of legislation in the field of intellectual property, which is especially characteristic of the field of copyright and related rights. The Court of Justice of the European Communities plays a significant role in the unification and harmonization of the legal regulation of relations in the field of intellectual property. In the absence of appropriate harmonization of national legislation in the field of intellectual property with the principles of free movement of goods and services, as well as freedom of competition, proclaimed by the European Union, the importance of the case law of the European Court of Justice is difficult to overestimate. The beginning of unification and harmonization activities in the field of intellectual property protection is preceded by a stage of case law enforcement practice, which allows to identify existing gaps in legal regulation and solve relevant problems. At present, it is a question of the existence of a special system of intellectual property rights of the European Union, formed in its general features, built on principles different from the traditional national ones, with a special subject of regulation. At the same time, this system is a new legal phenomenon that is developing quite dynamically and rapidly along with national and international legal systems. The legal regulation of intellectual property relations in the European Union aims to ensure a high level of protection of these rights, as they are the legal basis for the protection of the results of creative activity. The conclusion about the urgency of research of problems of public administration in the field of intellectual property in the countries of the European Union is made.
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Antonina, Radchenko. "The problems of legal adjusting of questions of waste management in Ukraine." Law. Human. Environment 11, no. 3 (August 21, 2020). http://dx.doi.org/10.31548/law2020.03.007.
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The article considers the problem of legal regulation of waste management issues. The current national legislation on waste management is analyzed. In particular, the analysis of the provisions of the Law of Ukraine «On Waste» of March 5, 1998 and the bill «On reducing the number of plastic bags in civil circulation» of February 28, 2019, identified the main shortcomings and identified ways to eliminate them. It is also established that the Law of Ukraine «On Waste» of March 5, 1998 takes into account the requirements of Framework Directive 75/442/EC on waste and the Hazardous Waste Directive 91/689/EC, which meets the requirements of the Association Agreement between the European Union and the European Atomic Energy Community and their member states, of the one part, and Ukraine, of the other part of 21 March 2014. The main norms of international legislative acts, which became the basis for further legal regulation of waste management in the world, are considered. Such legislative acts are London Convention on the Prevention of Marine Pollution by Damping of Wastes and Other Matters (1972), The United Nations Environment Programme (1972), International Convention for the Prevention of Pollution from Ships (1973), The United Nations Convention on the Law of the Sea (1982). Keywords: waste, plastics, utilization, legislation on waste recycling, ecology
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Bredikhina, Viktoriia, and Yuliya Ignatyuk. "ON THE ADAPTATION OF UKRAINIAN LEGISLATION IN THE FIELD OF ATMOSPHERIC AIR PROTECTION TO THE LAW OF THE EUROPEAN UNION." International scientific journal "Internauka". Series: "Juridical Sciences", no. 11(55) (2018). http://dx.doi.org/10.25313/2520-2308-2021-11-7746.
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Atmospheric air is one of the main vital elements of the environment. The constant growth of the negative anthropogenic impact on it leads to a deterioration in the ecological state of the environment, an increase in morbidity and an increase in the risk of mortality among the population. This article explores the basic principles of legal protection of atmospheric air, on which EU legislation is based. In particular, ‒ is taking into account influences, practical reach, the principle of universality, uncertainty of requirements for specific technologies, the principle of the best available technologies, as well as the principle of "pollutant pays". The authors also analyzed the standards and standards of air quality of the EU, proposed ways to solve the problem of improving national legislation in this area, bringing it in line with international standards. The experience of some European countries proves the need and importance of implementing effective standards of air pollution, since ignoring such normalization can lead to detrimental consequences not only in Ukraine but also around the world. The article states that the regulatory and legal regulation of this sphere in the EU is effective and in a sense exemplary, because with the help of various legal instruments effective air protection is carried out, adaptation to climate change, which makes it possible to properly ensure environmental safety of the population not only in Europe, but also around the world. Ukraine, by adopting relevant regulations at the present stage of the development of legal regulation, takes generally successful steps in the field of approximation of its environmental legislation to EU legislation. However, this process is still gaining momentum and does not exclude problems, contradictions that can inhibit this approximation.
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Olena, Hafurova. "Problems of improving Ukrainian legislation in the sphere of drinking water quality (on the example of implementation of the Nitrate Directive)." Law. Human. Environment 11, no. 3 (August 21, 2020). http://dx.doi.org/10.31548/law2020.03.005.
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The experience of legal regulation of relations in the sphere of waters protection from nitrate pollution in the EU is researched in this article. A scientific and theoretical analysis of the national legislation development, taking into account the requirements of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources is provided. It is stated that our country does not follow the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, ratified by the Law of Ukraine of September 16, 2014 regarding of implementation of the above Directive (initial deadline – 2017). Extending the deadline to December 31, 2020, does not guarantee that the legislation will be conformed its requirements. So the Code of Good Agricultural Practices, the Methodology for Identifying Vulnerable Areas, and the Action Plan for Reducing Nitrate Pollution from Agricultural Sources have not been accepted until now. Accordingly, work is not being done regarding to: identify nitrate-vulnerable areas; creation of their register, also monitoring of nitrate content in surface and ground water. In addition, the experience of leading European countries shows that it is impossible to implement the provisions of this Directive with out organizing the financing of its activities and the creation of an effective system for monitoring their implementation. Keywords: water quality, water object, drinking water, nitrate pollution, vulnerable zone, monitoring of nitrate, content, implementation of legislation, rural area
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Laus, Federico. "Can the emergency response be coordinated?" International Journal of Risk & Safety in Medicine, February 7, 2022, 1–7. http://dx.doi.org/10.3233/jrs-227006.
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BACKGROUND: In the COVID-19 pandemic, coordination was certainly late, also due to the scarcity of information disseminated at the very beginning of the pandemic, when countries were inevitably taken by surprise. The lack of information, mainly attributable to the country from which everything seems to have started, has produced a huge delay and numerous uncertainties in the feedback of the WHO and international organizations. OBJECTIVE: The inevitably relevant issue, from a legal point of view, concerns the legitimacy, formal or in any case shared, of the authority in charge of coordinating reactions and policies. The paper analyses the current legislation, soft and hard law, and the undertaken policies concerning emergency responses. METHODS: International and EU legislation analysis. RESULTS: The G20 understood that sustainable, flexible and agile funding systems for health emergencies are essential elements of pandemic prevention, preparedness and response. In EU there are many regulations about coordination and response to emergencies in practice in the EU and the Regulation (EU) 2021/522 (EU4Health programme), broadly extends the Union’s competence in the field of health and has the objective of strengthening the Union’s capacity for prevention, preparedness and rapid response in the event of serious cross-border threats to health. CONCLUSIONS: It is essential to formalize, within international agreements, the institutionalization of relationships, procedures, and the possible recognition of the reference figure. If in the European Union, at least partially, the protocols are there (even if the COVID-19 emergency has blown them up in principle), certainly in relations with non-EU countries the story is complicated, requiring specific agreements. This is the goal of the path started by the Rome Declaration of 21 May 2021 within the G20 – Global Health Summit.
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Punda, Оleksandr, and Daria Arziantseva. "Development of the System of Customs Examinations in Ukraine in the Context of Compliance with the Requirements of the European Union." University Scientific Notes, December 27, 2019, 106–17. http://dx.doi.org/10.37491/unz.72.11.
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The issues of improvement of the system of customs examinations in Ukraine in the context of compliance with the requirements of the European Union are researched. One of the elements of the adaptation process is the implementation of European regulations on the organization and conduct of examinations by customs laboratories and the use of the best national practices in regulating the activities of the customs institutions. It has been determined that modern cooperation in harmonizing national legislation with the requirements of the European Union in the field of expert activity encourages the formation of the unified understanding of the content of expert competencies, expert training and certification programs, as well as mutual accreditation of expert structures. This allows us to recognize the methodological support of expert activity and to obtain expert opinions on the basis of studies conducted in customs laboratories of other countries. To this effect, within the framework of harmonization there is a need for the unified procedures of approbation and valuation techniques for goods examining. It has been noted in the work that the mutual validation of research methods in the framework of examinations and their voluntary certification in the bodies of conformity assessment of the WTO member states is the matter of great importance. In this regard, the priority task of the development of the institute of customs examination in Ukraine is to increase the reliability of expert opinions and the prevention of expert errors. It has been specified that the judicial practice of considering cases in the customs sphere indicates the presence of procedural, legal, organizational, and methodological errors in the appointment, organization and conduct of customs examinations. The main international trends in the development of the institution of examination as an expert form of specialist knowledge is the convergence of the Anglo-American and continental systems of law in matters of examination. The necessity of securing in the customs legislation the right of the declarant to pose their own questions when the examination is conducted, to be present during the selection of samples or studies as part of the examination, to get acquainted with the methods and tools used to conduct research has been proved.
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"Environmental impacts and best management of urban stormwater runoff: measures and legislative framework." Issue 3 15, no. 3 (May 21, 2013): 324–32. http://dx.doi.org/10.30955/gnj.000827.
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<p>Urban stormwater runoff constitutes a non-point source pollution, which contributes in degradation of water bodies’ quality (USEPA, 2002). European Union’s environmental policy includes water environment protection and preservation by adopting a series of directives, 2000/60/EC (Water Framework Directive - WFD), 97/11/EEC (Environmental Impact Assessment Directive - EIA), 2001/42/EC (Strategic Environmental Assessment Directive - SEAD) and many others. However, such legislative framework is not strongly related to the issue of urban stormwater runoff management, due to its general content. Pollution control of urban stormwater runoff entails a management strategy based on scientific research and reliable available data. Consequently, the subject of prevention and control of urban stormwater runoff remains still open and it is a motivation for further research and discussion; it also underlines the need to propose detailed specifications both for environmental impact assessment, as well as for the proper formation of a data-base. Thus, within the content of the present paper, the following are included: a) the investigation and presentation of the receiving waters pollution issues from the urban stormwater runoff, b) the examination of the respective pollutant generation and characteristics, c) the presentation of their impacts d) the examination of the measures (structural and non-structural BMPs) f) the presentation of the existing legislation in the EU and Greece. Finally, specific measures, which authorities must take into account in the framework of the programs for runoff river basin management, according to the 2000/60 EC Directive and the Greek Law 3199/2003, are proposed.</p>
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"General features of anti-corruption policy in Ukraine." Legal Ukraine, no. 9 (October 30, 2020): 18–23. http://dx.doi.org/10.37749/2308-9636-2020-9(213)-2.
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The article examines the history of anti-corruption policy in Ukraine and the current state of the legislative framework. Various approaches to legal regulations and the etymology of anti-corruption law are considered. Great emphasis is placed on the study of the institutional framework of our state, namely, the study of the functioning of such state structures as the National Anti-Corruption Bureau of Ukraine, the National Agency for the Prevention of Corruption, the Specialized Anti-Corruption Prosecutor’s Office, Supreme Anti-Corruption Court. The analysis of the historical retrospective, taking into account political events for a better legal analysis. Based on the recommended amount of work, the state of anti-corruption policy is considered fragmentarily. In order to systematize the analysis of the work, the anti-corruption system of Ukraine was divided into 3 historical stages: the Soviet effect, the neoliberal tendency and the general system. The initial stages of the Ukrainian legal system are characterized by the dominance of the Soviet Union. It was during this period that corruption, as a phenomenon, is gaining new dimensions. Among the main methods of fighting corruption, the Soviet Union used methods of cruel punishment. In the USSR, the death penalty was introduced in 1950 for the theft of socialist property. Soon it was not possible to control power, and during the Brezhnev era, an alternative economy appeared due to which bribery increased. Soviet leaders often used corruption for political ends to eliminate their direct political rivals. The Soviet government tried to ignore corruption and not regulate crime within the legal framework. The period of independent Ukraine was characterized by the country’s movement choice. The national doctrine boiled down to neutrality between Europe and the post-Soviet countries, which created a common legal system. The key moment was Ukraine’s accession to the Parliamentary Assembly of the Council of Europe in 1996. The liberalization of legislation to the European model soon began. Revolutionary changes were adopted, and in 2014 the construction of anti-corruption bodies began. . Key words: normative legal act, anti-corruption legislation, legal doctrine, institutional framework.
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POPOVYCH, Tetiana G. "Standards Requirements as a Means of Prevention Infringement of Intellectual Property." University Scientific Notes, February 25, 2020, 128–36. http://dx.doi.org/10.37491/unz.73.11.
Full textAbstract:
The publication proposes to consider standardization as a special tool for regulating public relations, which arise in the field of intellectual property, including in the pharmaceutical industry. It is proposed to apply the requirements of standardization as formal rules, which allow denial of rights in this area. It is noted that despite the common nature all intellectual property have very specific process for the creation, purpose and methods of use. Therefore, these issues are regulated by acts with special content, dedicated to the protection of various intellectual property. The functions of special laws are: complex regulation of relations in the field of use of a particular object, including the public law sphere, detailing the property relations regulated by the Civil Code of Ukraine, definition of all important concepts and terms. They also are a convenient way to fill gaps, as practice detects. Intellectual property must be properly organized and formalized in documents (standardized). Standardization is associated with our products, which are mass, where each unit should not differ from the others. The paradox is that standardization plays a significant role in managing the economy to increase the efficiency and productivity of social production and improve product quality. A characteristic feature of standardization is that its scope and application development level have a wide range. There is no sphere of human activity, which was not involved in standardization. With the spread and deepening of knowledge, the development of science and technology, the improvement of production, the scope of work is growing significantly and the scope of application of the principles of standardization is expanding. From the purpose of standardization we can conclude that it is the organizational and technical basis of all activities at both the national and international levels. Strengthening scientific, technical and economic ties draws attention to the standardization of all developed and developing countries, as well as technical, economic, international, regional and national organizations, businesses and individuals. This is the result of objective necessity streamline management processes and economic production processes. In the field of pharmacopoeia ISO-standards are internationally applicable. These are mostly standards for equipment in the pharmaceutical industry. The standards of the World Intellectual Property Organization are aimed at solving the problem of standardization of patent information and documentation. The development of intellectual property relations includes the harmonization (adaptation) of Ukrainian legislation to the international standards for regulation of economic relations, to the legislation of international economic unions, including all those unions which Ukraine participates in or plans to participate (including the European Union). In 1997, Ukraine initiated a system of state standards in the field of industrial property and commissioned standards DSTU 3574-97 (Patent form. The main provisions.Drawing up and design) and DSTU 3575-97 (Patent research.The main provisions and procedures). The author proposes to understand standardization and other means of regulatory influence of the state as those that are able to balance public and private interests, which will allow the development of industries that have mixed regulation, including intellectual property rights. If we consider standardization as a means of regulation is a legal category to achieve a specific result, it is a way to influence the relationship of intellectual property (constraining external factors on the will of the subjects) and the right way (creating formal rules to secure the rights of subjects). This is how the combination of private and public in the field of intellectual property takes place. Keywords: WIPO standards, DSTU, intellectual property relations, private law, public relations.
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POPOVYCH, Tetiana G. "Standards Requirements as a Means of Prevention Infringement of Intellectual Property." University Scientific Notes, February 25, 2020, 128–36. http://dx.doi.org/10.37491/unz.73.11.
Full textAbstract:
The publication proposes to consider standardization as a special tool for regulating public relations, which arise in the field of intellectual property, including in the pharmaceutical industry. It is proposed to apply the requirements of standardization as formal rules, which allow denial of rights in this area. It is noted that despite the common nature all intellectual property have very specific process for the creation, purpose and methods of use. Therefore, these issues are regulated by acts with special content, dedicated to the protection of various intellectual property. The functions of special laws are: complex regulation of relations in the field of use of a particular object, including the public law sphere, detailing the property relations regulated by the Civil Code of Ukraine, definition of all important concepts and terms. They also are a convenient way to fill gaps, as practice detects. Intellectual property must be properly organized and formalized in documents (standardized). Standardization is associated with our products, which are mass, where each unit should not differ from the others. The paradox is that standardization plays a significant role in managing the economy to increase the efficiency and productivity of social production and improve product quality. A characteristic feature of standardization is that its scope and application development level have a wide range. There is no sphere of human activity, which was not involved in standardization. With the spread and deepening of knowledge, the development of science and technology, the improvement of production, the scope of work is growing significantly and the scope of application of the principles of standardization is expanding. From the purpose of standardization we can conclude that it is the organizational and technical basis of all activities at both the national and international levels. Strengthening scientific, technical and economic ties draws attention to the standardization of all developed and developing countries, as well as technical, economic, international, regional and national organizations, businesses and individuals. This is the result of objective necessity streamline management processes and economic production processes. In the field of pharmacopoeia ISO-standards are internationally applicable. These are mostly standards for equipment in the pharmaceutical industry. The standards of the World Intellectual Property Organization are aimed at solving the problem of standardization of patent information and documentation. The development of intellectual property relations includes the harmonization (adaptation) of Ukrainian legislation to the international standards for regulation of economic relations, to the legislation of international economic unions, including all those unions which Ukraine participates in or plans to participate (including the European Union). In 1997, Ukraine initiated a system of state standards in the field of industrial property and commissioned standards DSTU 3574-97 (Patent form. The main provisions.Drawing up and design) and DSTU 3575-97 (Patent research.The main provisions and procedures). The author proposes to understand standardization and other means of regulatory influence of the state as those that are able to balance public and private interests, which will allow the development of industries that have mixed regulation, including intellectual property rights. If we consider standardization as a means of regulation is a legal category to achieve a specific result, it is a way to influence the relationship of intellectual property (constraining external factors on the will of the subjects) and the right way (creating formal rules to secure the rights of subjects). This is how the combination of private and public in the field of intellectual property takes place. Keywords: WIPO standards, DSTU, intellectual property relations, private law, public relations.
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"The Legal Regulation of the Use of Natural Healing Resources: The Theory and Practice of Disputes Resolution." Access to Justice in Eastern Europe 4, no. 2 (April 29, 2021): 144–63. http://dx.doi.org/10.33327/ajee-18-4.2-n000065.
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The article is devoted to the issue of regulating the use of natural healing resources in Ukraine, the European Union, and other countries. Natural resources have been found to have many functions, but one of the most important is the ability to use them as a means of preserving or maintaining human health. For this reason, natural healing resources are subject to a special legal regime. Public relations arising from the use and protection of natural healing resources are subjected to legal regulation and devoted to the identification and accounting of natural healing resources, ensuring their rational extraction, use, and protection in order to create favourable conditions for treatment, disease prevention, and recreation. Despite the wide range of healing properties in various natural objects, the environmental legislation of Ukraine contains only a small number of rules on their use. This problem is most fully disclosed in the Water Code of Ukraine, which not only enshrines the procedure for assigning certain water resources to the category of healing but also provides for the adoption of special law statutes and regulations regarding the list of existing water bodies in Ukraine and their inherent healing functions. These regulations highlight the fact that most of the natural healing resources specified in the list belong to the sphere of subsoil use. However, there are no norms in the Subsoil Code of Ukraine that would regulate the use and protection of such objects. Instead, the Subsoil Code of Ukraine contains general rules on basic requirements in the field of subsoil protection, as well as a special article on the protection of subsoil areas of special scientific or cultural value. Healing resources are not mentioned, which is a glaring omission. Situation analysis of the national legal system regarding the use of natural healing resources has shown the need to restructure the legislation, with the primary task of protecting and preserving the healing properties of such sources. For this purpose, the existing practice of public relations among developed European countries, as well as the positive experience in this area, should be taken into account to achieve effective improvement of the legislation system of Ukraine. Studying the issue of prosecution for violation of the rules on the use of natural healing resources or causing damage to them suggests that the national legal system is based on economic interests, without prioritising the preservation of the healing value of such sources. As a result, Ukraine’s policy to preserve the healing properties of natural objects is not characterised by effective methods, significantly reducing the number of such unique and useful resources. The analysis of court cases is evidence that the practice of effective protection and restoration of healing resources is not common. The number of such cases is currently too small when compared with those regarding damages to such natural resources caused by legal entities and individuals.
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Dorosh, O., R. Derkulskyi, and A. Dorosh. "Criteria for performing a strategic environmental assessment of the measures proposed in the land management documentation." 3 (2022), no. 3 (2022). http://dx.doi.org/10.31548/zemleustriy2022.03.06.
Full textAbstract:
The article emphasizes that according to the provisions of the Association Agreement between Ukraine and the European Union, the legislation of Ukraine is gradually approaching the law and policy of the EU in the field of environmental protection, since Ukraine has undertaken to implement the provisions of Directive 2001/42/EC of the European Parliament and of the Council dated 27.06.2001 on environmental impact assessment of individual projects and programs. Attention is drawn to the fact that the definition of criteria for assessing the consequences of the implementation of project solutions of land management documentation for the environment, including the possible negative impact on human health, in the process of strategic environmental assessment should take into account the purpose of land management in terms of land protection, the creation of ecologically sustainable agricultural landscapes, forecasting , planning and organization of the rational use and protection of land at the appropriate levels of land management, development and implementation of a system of land management measures to preserve natural landscapes, restore and increase soil fertility, reclamation of disturbed lands and reclamation of unproductive lands, protection of lands from erosion, flooding, drying, landslides , secondary salinization, acidification, waterlogging, compaction, pollution with industrial waste and chemical substances, etc., conservation of degraded and unproductive lands, prevention of other negative phenomena. The author's version of the criteria for the implementation of the strategic ecological assessment of the measures proposed in the land management schemes and technical and economic justifications for the use and protection of the lands of administrative-territorial units, the territories of territorial communities, as well as comprehensive plans for the spatial development of the territories of territorial communities, general plans of settlements, detailed plans of territories, which are at the same time land management and urban planning documentation. The above criteria take into account the peculiarities of the development of land management documentation, which regulates the use and protection of state, communal and private lands, as well as the survey and exploration of lands.