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1
Berdnik, I. V. "CRIMINAL RESPONSIBILITY FOR ATYPICAL FORMS OF OFFENCE AGAINST ENVIRONMENT UNDER THE LEGISLATION OF INDIVIDUAL COUNTRIES OF THE EUROPEAN UNION." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2021, no. 2 (December 15, 2021): 7–20. http://dx.doi.org/10.32755/sjcriminal.2021.02.007.
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The article is devoted to the issues of criminal responsibility for atypical forms of offence against environment under the legislation of foreign countries. The urgency of the topic of the publication is predetermined by the fact that today one of the priorities of the Ukrainian state is to ensure and guarantee environmentally friendly living conditions for citizens and society, as well as preserve and restore natural resources as important elements of the environment. It is determined that the atypical encroachment is to reflect in the legislation of a particular country certain, special and specific properties of an illegal act and the damage caused by it, resulting in disruption of public relations, damage to property and goods associated with the circulation, use, restoration of water resources only in some countries. The peculiarities of atypical forms of encroachment on the environment under the legislation of foreign countries are presented and the ways of their implementation in the legislation of Ukraine on criminal responsibility are suggested. The results of studying the legal requirements of the European Union, which establish criminal responsibility for offences against environment, give grounds to conclude that they are somewhat similar, primarily due to the global processes of unification and harmonization of national criminal justice systems. To this end, it is necessary to ratify the Convention on the Protection of the Environment by means of criminal law dated 04.11.1998 and to bring the national legislation in line with its provisions. Based on the analysis of criminal legislation of Ukraine and foreign countries, it is concluded that in democratic societies with a perfect system of legislation and mechanisms of responsibility for criminal offenses against environment, a legislator is responsible for protecting natural resources as the elements of the environment. This approach makes it possible to protect the environment from illegal encroachments, as well as to prevent illegal actions of individuals. Key words: criminal responsibility, environment, atypical forms of encroachment, natural environment, natural resources, European Union.
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Novicic, Zaklina. "Freedom of movement for persons in the European Union Law." Medjunarodni problemi 55, no. 1 (2003): 57–88. http://dx.doi.org/10.2298/medjp0301057n.
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In this article the author analyses the evolution of complex corpus of legislation concerning the freedom of movement for persons in European Union Law. The article deals with the subject in two aspects: the first part of the analysis considers the conceptual development of free movement of persons by way of deliberation of building-up the authority of Union in that area, and the second part analyses the contents of the right of the Union citizens to move and reside freely within the territory of the Member State. The freedom of movement for people includes the right of Union citizens to enter, move and reside in another Member State and, in that context prohibition of any discrimination based on nationality. Conceived originally as primarily an economic phenomenon, the free movement of persons was closely linked to the pursuit of an occupation. It was the mobility of human resources as a factor of production, which inspired the chapters of the Treaty establishing the European Economic Community (1957) relating to the free movement of workers, freedom of establishment and the freedom to provide services. In that sense, freedom of movement is a part of a wider concept, that of the common/internal market. Since then, through the combined effect of secondary legislation and the case law of the Court of Justice, the concept has been broadened and it tends, from the Maastricht Treaty (1992), to form one of the fundamental and individual rights of Union citizens generally. Also, the amendments of EEC Treaty, which were made by the Single European Act (1985) and specially by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001), have formalised the external aspect of freedom of movement. Namely, it was recognised that freedom of movement for persons could not take place at the expense of security, protection against crime and illegal immigration. The abolition of internal controls has generated the need of the transferring checks to the external frontiers of the Union and, in this connection, the gradual establishment of an area of freedom, security and justice. In the first part of the article the author presents and analyses the development of the Union power in the policies of freedom of movement: in facilitating of free movement of people as a principle of the common/internal/single market, in achievement of the right to free movement for Union citizens, and also in the fields related to the external aspect of freedom of movement, or, actually, the issues pertaining to visas, asylum and immigration. The second part presents the specific contents of freedom of movement for persons that consists of the corpus of individual rights enjoyed by Union citizens on the territories of EU Member States that are not countries of their origin. These are the right to entry and residence and the right to engagement in gainful activity as well as the related social rights. This part of the article also explores the freedom of movement restriction regime as well as the corresponding Union legislation in preparation.
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Доронина, Наталия, Nataliya Doronina, Наталья Семилютина, and Natalya Semilyutina. "Information Technologies and Economic Relations: Problems of International Conventional Unification in EAEU." Journal of Russian Law 3, no. 11 (November 11, 2015): 0. http://dx.doi.org/10.12737/14372.
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Since 2013, at the State Duma initiative, each April Saint-Petersburg has hosted the “Eurasian Economic Perspective” International Forum. This discussion venue for the exchange of opinions by parliament members of the post-Soviet states, with the participation of scientists, representing humanitarian sciences and education, furthers, among other things, the goal of the states’ integration and their economic development. The topic for discussion offered this year was the implementation problems of the Treaty on the Eurasian Economic Integration as of January, 1, 2015. One of the main integration problems is the problem of unification and harmonization of national legislations of the Treaty countries. The key question of the unification process is separation of powers and competences of the integration organization’s common body and the participating countries’ national bodies. The understanding of the supranational power of the common body is not correct. The integration experience in other unions between the states proves the importance of the sovereignty principle in the integration process. The author provides the analysis of former integration experience. For example, CMEA (Council of Mutual Economic Assistance) united the former Eastern European socialist republics and South-Eastern Asia and was dissolved in 90-ies after the transition of the States — participants to market economy. Notwithstanding its dissolution, CMEA created effective integration instruments on the basis of unification of national legislations: The CMEA General Conditions of Delivery. This instrument of the socialist common market continues to be practiced as model conditions for international contracts. The legal instrument of the International Business Corporation (IBC) has initiated the movement of resources that can be compared to the movement of capital in a free-market world. The CMEA experience has provided basic knowledge of cooperation, which was later used in other integration groups. The article also covers the economic integration of the European Union. It can be useful from the point of view of critics of “federalist” theories on the nature of integration of a group of states. The latter remains, as the authors show, to be subject to the International Law system. It is quite logical, that due to this position of the authors, they pay special attention to the key role of national legislation in the integration process. On the basis of the analysis of the Andean Common Market experience the authors underline the features of integration in the Latin American region. The comparative analysis of international regional unions of states is necessary to make the work of the Eurasian International Economic Union (EAEU) more effective. The Information Law is the technique that provides the diffusion of the most effective models of regulation for the purpose of economic integration. This approach in solving problems of economic integration in EAEU seems to be useful in search of the ways to overcome difficulties of the integration process.
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González Lorente, Álvaro, Montserrat Hernández López, Francisco Javier Martín Álvarez, and Javier Mendoza Jiménez. "Differences in Electricity Generation from Renewable Sources from Similar Environmental Conditions: The Cases of Spain and Cuba." Sustainability 12, no. 12 (June 25, 2020): 5190. http://dx.doi.org/10.3390/su12125190.
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In order to achieve the objectives set by the Sustainable Development Goals and the Paris agreement, the legislative framework that is developed at the national and regional level must be appropriate. Research has focused on the importance of environmental policies to stimulate renewable energy demand and has also highlighted the existence of legal regimes more inclined to preserve the current model of dependence on fossil fuels. The main aim of this paper is to observe the impact of different regulation framework in the use of renewable energies in electricity generation. The choice of Spain and Cuba was based on several reasons: first, they present different models of legal regulations for renewable energies, with more centralized power in the case of Cuba and more influence of supranational institutions in the case of Spain; second, they have similarities regarding their productive model (highly dependent on hydrocarbons as sources of electricity generation) and the high potential for electricity generation with renewable energies thanks to their rich natural endowment that could favor energy generation from sources like the sun, wind and water; finally, both countries face a global situation where they could take advantage of this cost-cutting moment, and therefore, of electricity tariffs, to propose a sustainable model of electricity generation based exclusively on renewable energies. The conclusions show that Spain can become a role model to improve the Cuban system, given that the European and Spanish “green” positions can be very useful in developing Cuba’s future energy model based on renewables. The existing ties between the Caribbean country, Spain and the European Union (EU) should be the basis to support a model for which Cuba has an outstanding endowment of natural resources and where the similarities with Spain can generate synergies based on the European experience.
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Zavadska, Anhelina, and Stanislav Vodolazkii. "Problems of formation of business angels in the innovative process of Ukraine." Law and innovative society, no. 2 (15) (January 4, 2020): 122–27. http://dx.doi.org/10.37772/2309-9275-2020-2(15)-19.
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Problem setting. The article examines the problems of the legislative definition of business angels, and also summarizes the terminology of this subject of innovation infrastructure. Also, in the article we try to find out the legislative consolidation of the term of “business angel” in the countries of the European Union, which further development and functioning is investigated. The importance of them is determined at the national level to consolidate in a special law the definition and procedure for the provision of investments by business angels. Analysis of resent researches and publications. Business angels are relevant, because for many Ukrainian entrepreneurs and companies there is a problem of financing. Thus, the study of this topic in their scientific works engaged in such outstanding scientists A.M. Lieutenant and LL Antonyuk, S. Valdaytsev, K. Pinyugin, O. Kashirin, O. Semenov, A. Karzhauv, O. Folomentyev, Benjamin J., Margulis J., Ammosov YP, Brian Hill, Dn. Power, N. Fonstein, A. Halytsky and other scientists. The target of research. There is a study of the essence and legal definition of the term business angels. Research of national and foreign private investors (business angels), as well as, outlining of reality of regulation in national legislation of the procedure for providing business angels to invest. Article’s main body. A business angel is a person who invests money in projects that often exist only as an idea. At this stage, a young campaign or entrepreneur funds of the development and implementation plan often have nothing to begin a startup, because there is nothing to interest serious investment funds. In this case, angels come to the aid of investors. It should be emphasized that investors, when they see a prospect in the idea, and believe in the future this idea will appeal to society and will find further improvement and development, business angels, usually, invest in this business the necessary and sufficient amount of their own funds. This is what distinguishes business angels from venture investors, who manages other people’s capital. So, it should be noted that they receive not only a share in the campaign, but sometimes even a blocking stake, what allows them to influence decisions made by the owner. In the research, Shevchenko O.M gives the following definition that business angels are private venture investors who invest their financial resources, as well as, personal time and abilities in little-known young innovative companies with the expectation of commercial profit. In addition, by providing start-up capital, private investors bring to the company the most valuable thing — professional and managerial experience (which is, usually, lacking in companies in the early stages of development), as well as, the necessary connections and reputational support. Conclusions and prospects of the development. Therefore, analyzing all of the above, the following conclusions should be next: firstly, the functioning of such a new institution in innovation law as business angels is an effective source of stimulating innovation by providing financial and information and communication support to entrepreneurs; secondly, it should be emphasized that further development and implementation in Ukraine requires its own legislation in a special Law of Ukraine.
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A. Tursynkulova, Dinara, Ainur A. Urisbayeva, Aigul M. Karatayeva, Gulnura A. Khudaiberdina, and Yerik B. Akhmetov. "Modern features of law institutions of the European Union." RIVISTA DI STUDI SULLA SOSTENIBILITA', no. 1 (August 2020): 441–58. http://dx.doi.org/10.3280/riss2020-001026.
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The role of the European Union is to understand its legal nature through the struc-tural composition and distribution of powers between the EU institutions, as well as to study the forms and methods of their activities. It is important not only from the standpoint of the participating States, but also in the interests of countries that are not part of the European Union and build their relations with it on the basis of bilateral agreements. The aim of the article is to analyze the modern features of law institutions of the European Union. Legal analysis of such institutions of the European Union as the European Parliament, the European Commission and the EU Court is becoming important condition for the development of international cooperation. This article is devoted to the legal analysis of such institutions of the European Union as the European Parliament, the European Commission and EU Court that participate in the implementation of its tasks and functions, act on its behalf, have the appropriate competence and structure, are endowed with found-ing treaties and legislation of the Union of certain amount of power and apply their inherent forms and methods of activity.
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Hansen, Michael A. "Explaining deviations from the Stability and Growth Pact: power, ideology, economic need or diffusion?" Journal of Public Policy 35, no. 3 (April 20, 2015): 477–504. http://dx.doi.org/10.1017/s0143814x15000094.
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AbstractWhy do some countries deviate from European Union law? More specifically, why do countries violate the Stability and Growth Pact, which is a cornerstone piece of legislation for the shared economy? Is it that violators simply have no other choice due to economic need? Are the violators intentional deviators that are simply able to violate the Stability and Growth Pact because of their power in the European Union? This article answers these questions and identifies those factors that are most likely to impact a country’s deviation from the two main clauses of the Stability and Growth Pact. The major finding is that it is economic need, not a country’s relative power, governing ideology or diffusion, that has a large impact on which clause will be violated.
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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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Kondrotas, Lukas. "European Union policy and the use of the normative power regarding cybersecurity." Análisis Jurídico - Político 4, no. 7 (January 31, 2022): 143–68. http://dx.doi.org/10.22490/26655489.5504.
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The transformation of our societies due to technological progress and worldwide spread of information technologies has established a new domain where states must establish a “normal” way of relating to each other. National legislation has been adapted in order to reach this domain; however, in an international context there are still different manners to interpret what behaviour is normal and acceptable. The European Union has established a framework regarding its own cybersecurity and aims to establish the rule-of-law to progress towards a secure digital world; it has also created sanction rules to punish behaviours which oppose its own view. This paper tries to look at what effects it has had on other major actors in the realm of cybersecurity: The United States, Russia, and China. By looking at the development of the frameworks of these countries and their actions and comparing it to the objectives of the European Union in this matter, it shows that effects have been different in each case and that they are not coercing the actions of the other states, not because of a failed implementation, but due to their own nature.
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Yarema, O., and O. M. Ilyushyk. "Legal aspects of electronic document management in telemedicine." Analytical and Comparative Jurisprudence, no. 6 (February 18, 2023): 218–24. http://dx.doi.org/10.24144/2788-6018.2022.06.39.
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In the article from the standpoint of the theory of administrative and information law, based on the current legislation and regulatory requirements of the European Union, the theoretical and practical aspects of electronic document flow in telemedicine are considered. The topicality of the topic determined by the need to improve the legislation with the aim of comprehensive theoretical justification of increasing the effectiveness of telemedicine activities in the conditions of digital transformation of Ukraine. In the course of the study, the methodology of a systematic complex analysis of legal phenomena was applied using factorial and evolutionary methods of research. It is indicated that in the countries of the European Union, three main models of health care information systems have been formed, which differ in the ways of storing medical information and management: decentralized, centralized and patient-oriented. It was noted that the main legal issues of the renewal of the medical system of Ukraine and the directions of activity in the conditions of reform include telemedicine, and its component - electronic document flow. The essence and features of electronic document management in telemedicine in the countries of the European Union have been clarified. The electronic health care systems of individual countries of the European Union considered, attention is paid to the experience of use. The state of legal provision of information security in telemedicine with regard to electronic document flow studied, taking into account the experience of the countries of the European Union. The analysis of ensuring information security in the context of personal data in the medical systems of European countries and Ukraine was carried out. The further vector and direction of the development of the national health care system in terms of the Concept of the development of electronic health care, which is important for medical care and rehabilitation of citizens who suffered during the war, was determined. Important aspects and measures to optimize activities in the field of telemedicine highlighted, which need to be paid attention to during further reform and creation of new digital resources for a more comfortable transition and use of the latest digital technologies in the field of health care.
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Liubchych, Anna, Olena Savchuk, and Kateryna Vrublevska-Misiuna. "Legal Forest Management Problems: EU Experience." European Journal of Sustainable Development 9, no. 1 (February 1, 2020): 205. http://dx.doi.org/10.14207/ejsd.2020.v9n1p205.
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The work contains the analysis of forestry management legal problems in Ukraine and the European Union, highlighting the problematic points in the national legislation and the possibility of implementing the experience of developed countries.
There are singled out the ways to improve forestry legislation, with accentuating the need in developing a nation-wide forestry program which would regulate forestry management with accounting for preservation of the forest’s ecology function and biologic potential. It is proved that a woodcutting site has attributes of a forestry relations object as a plot of the forest fund of Ukraine with established borders.
Also, there arises the need in revising the Regulation on territorial offices of the central executive power body that carries out state policies in forestry and in bringing it to the correspondence with the requirements of standing legislation of Ukraine and the Regulation on State forest inspection of Ukraine, granting it plenary powers similar to those in the leading European countries, for instance “forest guard” of the Republic of Poland.
Key words: Forest; Woodcutting; Timber harvesting; Forest resources; Woodcutting site; Forestry management; Forest site; Forestry.
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Sustersic, Vanja, Milun Babic, Dusan Gordic, Milan Despotovic, and Dobrica Milovanovic. "An overview of the regulatory framework for the geothermal energy in Europe and Serbia." Thermal Science 14, suppl. (2010): 115–23. http://dx.doi.org/10.2298/tsci100616068s.
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In this paper the relevant legislation for the geothermal energy in the European countries and Serbia is reviewed. There is a variety of the incentives for the geothermal production which are well known throughout the European Union. The governmental policies for the support of the geothermal development have so far focused on the power generation only. It is necessary to make serious efforts in order to harmonize the legislation and to simplify the procedures of establishing and implementing the policies for boosting the direct use of the geothermal energy. The Law on Energy of the Republic of Serbia which was adopted by the Parliament and the Energy Development Strategy of the Republic of Serbia until 2015 have defined the privileged power producers, but only by passing the Regulation on the incentive measures for the production of electricity using the renewable energy sources combined with the production of electricity and the thermal energy, which came into force on January 1st 2010.
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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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Bluszcz, Anna, and Anna Manowska. "The Use of Hierarchical Agglomeration Methods in Assessing the Polish Energy Market." Energies 14, no. 13 (July 1, 2021): 3958. http://dx.doi.org/10.3390/en14133958.
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Energy markets play an important role in achieving sustainable development goals. The sector of energy has a huge impact on the environment, hence changes in it are the highest priority in the European Union. The process of shaping and developing the internal energy market plays an important role in improving the security of supply of energy resources for the entire union. It requires a number of political negotiations, strategic decisions regarding energy liberalization, in particular, the electricity and gas sectors, as well as the adoption of sectoral legislation. The aim of the conducted research is to estimate the level of development of energy markets in the EU countries and to indicate the position of Poland in comparison to other countries. The research was performed in several stages. The first phase consisted of selecting appropriate diagnostic variables that comprehensively describe energy markets in countries belonging to the European Union. The next stage was collecting data, subjecting them to standardization, and then, based on the agglomeration algorithm, the process of dividing into groups of similar countries was carried out. The research results can be used as guidelines for legal regulations being prepared in the energy sectors of all member states, which can be used for selected clusters comprising similar countries in terms of the development of energy markets.
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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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Mendelski, Martin. "The eu’s Pathological Power: The Failure of External Rule of Law Promotion in South Eastern Europe." Southeastern Europe 39, no. 3 (December 22, 2015): 318–46. http://dx.doi.org/10.1163/18763332-03903003.
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What impact does the European Union (eu) have on the development of the rule of law in South Eastern Europe (see)? The author of this article argues and shows that the eu has: 1) a positively reinforcing (healthy) effect with regard to judicial capacity and substantive legality, i.e. the alignment of domestic legislation with international standards, and 2) a negatively reinforcing (pathological) effect with regard to judicial impartiality and formal legality (the inner morality of law). The author explains the pathological impact of eu-driven rule of law reforms by referring to the eu’s deficient reform approach and to unfavorable domestic conditions, which in their interplay reinforce certain reform pathologies (legal instability, incoherence, politicization) that undermine the rule of law. The main argument is supported by a mixed method study. A quantitative indicator-based analysis measures rule of law development across four key dimensions on the basis of a variety of data (e.g. survey-based indicators, cepej data, and a unique dataset on legislative output). Additionally, the author draws on a number of qualitative interviews that he conducted with magistrates from see and representatives from the eu, the European Court of Human Rights, and the Council of Europe. The author concludes from these findings that external rule of law promotion in weak rule of law countries is not transformative, but rather reinforces systemic deficiencies that undermine the rule of law.
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Sirotkina, Mariia, Olena Lomakina, and Olena Shkarnega. "TOPICAL ASPECTS OF DCFTA IMPLEMENTATION IN THE JUDICIAL PROCEEDINGS." Baltic Journal of Economic Studies 7, no. 1 (January 22, 2021): 127–33. http://dx.doi.org/10.30525/2256-0742/2021-7-1-127-133.
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The Association Agreement between the European Union and Ukraine is a new format of relations aimed at creating a deep and comprehensive free trade area (DCFTA) between Ukraine and the EU with the gradual integration of Ukraine into the internal market of the European Union. Focusing on the experience of rule-making of the EU member states, it is necessary to define and implement the legal rules and principles of the national judiciary, taking into account the rules and principles of European law (Chornomaz, 2016). In accordance with the strategy of European integration of our country, the adaptation of Ukrainian legislation is to approximate it with the modern European legal system, which will ensure the development of the political, entrepreneurial, social, cultural activity of Ukrainian citizens, economic development of the state within the EU to facilitate the increase of standards of living of the population. The implementation of the provisions of European legislation provided by the economic part of the Association Agreement (AA) is extremely important in the context of reforms, as the provisions can and should serve as a basis for a new model of socio-economic development of Ukraine. The deepening of the processes of humanization and democratization of Ukrainian society, the gradual introduction of principles and rules of European law into the national judiciary through reforms in the field of justice, inter alia, have led to qualitative updating of criminal procedure legislation of Ukraine, in particular: use of differentiated approach to legal conflicts between persons who have committed criminal offences, which do not pose a great public danger, and victims; simplification and reduction of the procedure of criminal proceedings; ensuring procedural savings; reduction of the caseload; allowing the parties of the conflict to resolve issues of exemption from criminal liability in case of reconciliation between the offender and the victim independently, the appointment of the negotiated punishment and release from serving with probation, etc. Given the specifics of the approach to improving relations with neighbouring countries on a differentiated basis, the EU seeks to identify and base on existing positive sources of sustainability, as well as to monitor and respond to weaknesses with the appropriate set of methods and resources at its disposal. The purpose of the article is to study a theoretical and practical definition of challenges of adaptation of Ukrainian legislation to the legislation of the European Union, institutional and organizational mechanisms of DCFTA implementation in the field of justice and certain norms of the current criminal procedure legislation. Ukraine is undergoing the second phase of radical reform of government structures; it has been continuing for 15 years but, unlike other countries, it is much more difficult for Ukraine to get rid of the burden of past problems. Judicial reform is also underway and domestic legislation is being significantly changed, including the transformation of the judicial proceedings. The topical issue of the development of judicial reforms is an imperfection, and sometimes a contradiction of regulations, which negatively affects the process of realization of rights and responsibilities of all subjects of public relations, slows down the development of Ukraine as a state governed by the rule of law. However, the introduction of institutions of concluding agreements, simplified proceedings, probation, and later mediation, into the criminal procedure legislation of Ukraine indicates the readiness of our state to change the concept of criminal procedure in accordance with the European standards, which will improve the situation of all parties to criminal proceedings. However, they need further completion and improvement. We are convinced that the introduction of such institutions will contribute to the legal development of society to achieve the European standards of restorative justice, which will encourage the further introduction of the latter in the legislation of Ukraine, resolving criminal conflicts by reaching a compromise between parties in cases specified by law. One of the ways to solve this problem in Ukraine is to regulate the process of adoption of regulations by the subjects of rule-making and taking into account the provision that legality as an objective property of law, in general, is the necessary condition and the main principle of the rule-making process.
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Bettencourt, Pedro, Claudia Fulgêncio, Maria Grade, and Julio Cesar Wasserman. "A comparison between the European and the Brazilian models for management and diagnosis of river basins." Water Policy 23, no. 1 (January 12, 2021): 58–76. http://dx.doi.org/10.2166/wp.2021.204.
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Abstract Water management is assuming more and more importance as freshwater resources are becoming scarce, both in quality and in quantity, across many developed and developing countries. This trend can be attributed to population growth, industrialization, growing agricultural demand, poor water management practices and climate change. In attempting to deal with the intensification of water quality- and quantity-related problems in recent decades, many countries have revised their water resource management policies and legislation, introducing new institutional frameworks and management instruments. Considering regional geographic and cultural distinctions, the present article aims at comparing the models of water resource management in the European Union (EU) and in Brazil. Institutional and legal arrangements currently in place, water planning and management instruments currently in use, assessments of water body status and watershed diagnoses were analysed. Main strengths and weaknesses of each water management system are pointed out in the conclusion. Main challenges for the water sector, and highlights of the converging and diverging points concerning water resource management systems, in each region, are discussed.
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Zwinger, Verena, and Elisabeth Brameshuber. "Collectively Agreed (Minimum) Labour Conditions as Protection Boosters." International Journal of Comparative Labour Law and Industrial Relations 34, Issue 1 (March 1, 2018): 77–110. http://dx.doi.org/10.54648/ijcl2018004.
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The steady fall in unionization rates has led to the evident weakening of collective bargaining powers, resulting in a decline in collective bargaining coverage in many Member States of the European Union (EU) in recent years. In Germany, one of the responses of the legislator to this development was the introduction of a statutory national minimum wage. However, there are still national systems, such as Austria and the Scandinavian countries, where collective bargaining plays a major role in setting employment standards. The first two parts of this article examine the different standard-setting mechanisms in place, taking a closer look at minimum wage legislation and collectively bargained wages in particular. The article also considers the fact that non-standard employment relationships, in particular in the so-called gig economy, seem to fall between two stools: in the majority of EU Member States non-standard workers fall under the scope neither of statutory minimum standards, nor of collective bargaining agreements. This article argues that collective bargaining could be a key factor in efforts to ensure fair and just working conditions, while protecting non-standard workers from other risks historically covered by social security.
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Zmiyenko, Oleksandra. "The EU: Power(less) in Statelessness? The Case of the Baltic States." Journal of Social Policy Studies 16, no. 4 (December 24, 2018): 677–90. http://dx.doi.org/10.17323/727-0634-2018-16-4-677-690.
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Oleksandra Zmiyenko – MA Law, European Interdisciplinary Studies – College of Europe; Academic Assistant at the College of Europe, EU International Relations Department, Bruges, Belgium. Email: Oleksandra.zmiyenko@coleurope.eu
Despite still being an emergent research area, statelessness has come to attract growing attention both from academics and among policy-makers. So far, this legal vacuum, that represents a violation of the right to nationality, and has consistently been perceived through the prism of other human rights-related issues. To avoid oversight, statelessness needs to be perceived as a distinct phenomenon and to be addressed as such on the policy-making agenda. The European Union has two overt examples of statelessness among its Member States: Latvia and Estonia. In these post-Soviet countries, statelessness emerged in conjunction with debates over state continuity and state succession. The main question to be asked is to what extent does the EU have leverage when it comes to addressing the problem of statelessness? In its Member States, where questions of citizenship fall under the national competences, the EU influence in this regard seems limited, which is even more apparent outside of the EU. However, for the countries with 'European aspirations', there are different ways to have an impact: either before or after accession. Given its terminological ambiguities and that possible solutions to statelessness may be offered from a diverse range of academic fields, the research methodology of this study is interdisciplinary: from legal to historical analysis. While conditionality imposed on the aspiring members has a clear outcome in terms of legislation changes, once these states have acceded, the EU tends to have less influence. Conditionality might serve as a possibility to address statelessness among the countries with 'European aspirations', while increased pressure to fulfil international obligations may be crucial in dealing with Member States.
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Thörnqvist, Christer. "Welfare States and the Need for Social Protection of Self-Employed Migrant Workers in the European Union." International Journal of Comparative Labour Law and Industrial Relations 31, Issue 4 (December 1, 2015): 391–410. http://dx.doi.org/10.54648/ijcl2015022.
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So-called bogus – or false – self-employment has been increasingly highlighted as a problem within the European Union (EU), especially since the first eastern expansion in 2004. Although the concept is not fully clear in legal terms, a common denominator of most definitions is that bogus self-employment can be seen as ‘disguised employment’, occurring when someone who has an employee status in practice is not classified as an employee, in order to hide the actual legal status and to avoid costs such as taxes and social security contributions. In the light of different welfare systems, industrial relations and EU legislation, this article discusses this issue, drawing empirically on findings from a project about precarious employment in twelve EU countries. Although there are some fairly strict definitions of the ‘employee concept’ within the EU, the difficulties of identifying the employer leave the bogus self-employed in a legal limbo. No European Social Model has curtailed this problem, despite an expressed desire to address all aspects of precarious work. However, the inclusion of all ‘self-employed’ workers within social insurance systems and workers with an employee status in practice seems possible also under existing EU regulations. It is rather a matter of goodwill and the resources to scrutinize the terms and conditions of employment.
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Kholyavitska, K. S. "Foreign experience of decentralization of power and prospects for Ukraine." Collected Works of Uman National University of Horticulture 2, no. 99 (December 22, 2021): 94–103. http://dx.doi.org/10.31395/2415-8240-2021-99-2-94-103.
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The author of the article has outlined the problem of finding the most optimal model of the state for of government, because the necessary condition for stable development of society and effective functioning of the state is to ensure the balance between national interests and the interests of the population of regions and territorial communities. The preconditions, political history and periods of the formation of decentralized power in most European medieval states, scientific positions of national and foreign legal scholars on the expediency of implementing decentralization have been analyzed. It has been found out that the vast majority of Western European countries abdicate the unitary state model by introducing decentralization. The leading idea of reforming is to move the center of solving local issues to the local and, in particular regional level that is achieved by optimizing relations between different levels of territorial organization of power. National traditions, formation and functioning of public agencie in the past, specific features of administrative and territorial structure of the state, existence of autonomous territories, multiethnic population have a significant influence on the formation of the constitutional system on the basis of decentralization in the EU countries. The positive experience Poland, France, Italy, Latvia, Germany and Denmark has been studied. The author has theoretically substantiated that the principle of decentralization has been successfully implemented in the practice of the European Union countries. It has been indicated that the prerequisite for the successful implementation of decentralization processes to create an effective model of governance within the system of decentralized government of Ukraine is: the establishment of the rule of law principle; recognition and guarantees of local self-government; equal legal protection of all forms of ownership; democratic and effective electoral legislation; independence, efficiency, accessibility and transparency of the judicial system, functioning of administrative justice institutions; perfect budget process and high financial discipline; availability of adequate social standards; developed public sector and stable tendency towards its development.
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Grigorescu, Paul. "Legislative aspects at national and international level regarding the exploitation of gold-silver deposits." MATEC Web of Conferences 373 (2022): 00062. http://dx.doi.org/10.1051/matecconf/202237300062.
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In Romania, mining is a historical, traditional occupation, attested since antiquity, when the Romans came here to extract gold and other base metals from the underground mines in our mountains. The exploitation of gold and silver deposits is still important for the economic and social development of the country. Generally, these ores are essential for modern life, so their exploitation must be regulated so as to respond effectively to these needs. Legislation in this field has an important role in promoting and supporting the exploitation of gold and silver deposits. Nationally, the mining activity is regulated by the Mining Law no. 85/2003, a law which, from my point of view, does not effectively ensure the mechanisms on the basis of which the capitalization of mineral resources should be done as smoothly as possible. At European Union level, the legislation contains a wide range of obligations and rights regarding the mining of natural resources and deposits, which the competent public authorities in the Member States must enforce. In countries with tradition in the field of gold-silver mining, the laws referring to the extractive sectors are developed in accordance with the interests of the citizens. This system provides sufficient opportunities for civil society participation in decision-making. This paper identifies the main legislative aspects that can be improved to create a fair legal framework for the exploitation and capitalization of precious metal deposits in Romania.
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Jacobides, Michael G., and Ioannis Lianos. "Ecosystems and competition law in theory and practice." Industrial and Corporate Change 30, no. 5 (October 1, 2021): 1199–229. http://dx.doi.org/10.1093/icc/dtab061.
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Abstract One of the most profound changes in the industrial landscape in the last decade has been the growth of business ecosystems—groups of connected firms, drawing on (digital) platforms that leverage their complementors and lock in their customers, exploiting the “bottlenecks” that emerge in new industry architectures. This has created new asymmetries of power, where the “field” of competition is not the relevant product market, as is usually the case in competition law, but rather the ecosystem of various complementary products and associated complementor firms. These dynamics raise novel concerns over competition. After examining the foundational elements of the ecosystem concept, we review how ecosystems are addressed within the current scope of competition law and identify the gap in the existing framework of conventional competition law. We then move to a critical review of current efforts and proposals in the European Union for providing regulatory remedies for ex ante and ex post resolution of problems, focusing on the current (2020) proposals of the Digital Market Act on ex ante regulation, with its particular focus on “gatekeepers.” We also review recent regulatory initiatives in European countries that focus on ex post regulation and on the role of business models and ecosystem architectures in regulation before providing a deep dive into proposed Greek legislation that explicitly focuses on ecosystem regulation. We conclude with our observations on the challenges in instituting and implementing a regulatory framework for ecosystems, drawing on research and our own engagement in the regulatory process.
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Mikelėnas, Valentinas, and Rasa Zaščiurinskaitė. "Quantification of Harm and the Damages Directive: Implementation in CEE Countries." Yearbook of Antitrust and Regulatory Studies 10, no. 5 (2017): 111–31. http://dx.doi.org/10.7172/1689-9024.yars.2017.10.15.6.
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Quantification of harm is regarded as one of the most significant obstacles for the full compensation of harm and development of private enforcement within the European Union, including CEE Member States. Consequently, the Damages Directive establishes general rules and requirements for the quantification of harm, such as a rebuttable presumption of harm in case of cartels, the power of national courts to estimate harm as well as others, which closely interact with the principle of full compensation emphasized by the case-law of the European Union and directly established in the Damages Directive. The main focus of this paper is the effectiveness of the rules on the quantification of harm in general, and how these rules will contribute to the development of private antitrust enforcement in CEE Member States. Therefore, one of the issues to be discussed in the paper is the analysis of how, and to what extent specific rules and requirements for the quantification of harm have been transposed into the national legislation of CEE Member States. As certain CEE national jurisdictions have had certain rules for the quantification of harm already before the implementation of the Damages Directive, the paper analyses how effective these rules have been, and how much they have contributed to the development of private antitrust enforcement of those CEE national jurisdictions. Previous experience of those CEE Member States in applying specific rules for the quantification of harm is important, in order to assess the possible impact of the newly introduced rules on the quantification of harm and on private antitrust enforcement in general in other CEE Member States. The rules for the quantification of harm will not enhance private antitrust enforcement on their own, however, their effective application by national courts together with other rules under the Damages Directive should contribute to a quicker development of private enforcement in CEE Members States.
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Davida, Zanda. "Chatbots by business vis-à-vis consumers: A new form of power and information asymmetry." SHS Web of Conferences 129 (2021): 05002. http://dx.doi.org/10.1051/shsconf/202112905002.
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Research background: The first notable early chatbots were created in the sixties, but the growing use of artificial intelligence (AI) has powered them significantly. Studies show that basically chatbots are created and used for purposes by government and business, mostly in consumer service and marketing. The new Proposal of the Artificial intelligence act aims to promote the uptake of AI and address the risks associated with certain uses of such technology. However, the act contains only minimum transparency obligation for some specific AL systems such as chatbots. Purpose of the article: In light of this issue, the article aims to discuss how existing European Union (EU) consumer law is equipped to deal with situations in which the use of chatbots can pose the risks of manipulation, aggressive commercial practices, intrusion into privacy, exploitation of a consumer’s vulnerabilities and algorithmic decision making based on biased or discriminatory results. Methods: The article will analyse the legal framework, compare guidance documents and countries’ experiences, study results of different consumer behavior researches and scientific articles. Findings & Value added: The article reveals several gaps in current EU consumer law and discusses the flaws of proposing legislation (particularly the Proposal for an Artificial intelligence act) regarding relations between business and consumers.
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Parolin, Zachary, and Linus Siöland. "Support for a universal basic income: A demand–capacity paradox?" Journal of European Social Policy 30, no. 1 (November 26, 2019): 5–19. http://dx.doi.org/10.1177/0958928719886525.
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Debate around a universal basic income (UBI) tends to focus on the economic and social implications of the policy proposal. Less clear, however, are the factors influencing support for a UBI. Using the 2016 European Social Survey, we investigate how trade union membership and left political ideology (central to power resources theory) and attitudes towards immigrants’ access to welfare benefits (central to welfare state chauvinism) affect individual support for a UBI. We also investigate how country-level differences in levels of social spending moderate individual-level UBI support. Results from multi-level models suggest that a broader coalition of UBI supporters can generally be found in countries where social spending is low. Specifically, we find that welfare state chauvinism is more likely to be associated with negative attitudes towards a UBI in countries with high levels of spending, but has only a weak association with UBI support in low-spending countries. Similarly, political ideology is more consequential in explaining UBI support in countries with higher levels of spending. These tensions form a demand–capacity paradox: the countries which are presumably least equipped to implement a UBI see the most broad-based support for the policy.
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Poljanec, Kristijan, and Tomislav Jakšić. "Safeguarding Croatian Strategic Industries Within the Scope of the EU Foreign Direct Investment Regime." Central European Journal of Comparative Law 1, no. 2 (December 9, 2020): 123–49. http://dx.doi.org/10.47078/2020.2.123-149.
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A European Union (EU)-wide screening regime entered into force in October 2020, marking the turning point in the Member States’ investment relations with third countries, most notably, the emerging economies of the Far East. Most Central and Eastern European (CEE) states have recently embraced novel screening solutions; some legislative proposals are still pending in a few states. These regulatory changes are the result of the socio-economic turmoil caused by the COVID-19 epidemic, which threatens a major fire sale of resources that are deemed critical for the Member States’ national security and public order. In this paper, the authors examine the existing screening mechanisms regarding foreign direct investment (FDI) in five EU countries: Austria, Germany, Hungary, Slovenia, and Poland. Given the apparent lack of comprehensive FDI screening mechanisms in Croatia, the authors consider that the findings of this comparative analysis could help Croatian legislator establish a comprehensive legal regime for FDI pouring into Croatian strategic industries. This paper argues that Croatia should introduce novel screening mechanisms along the lines of the Germanic legal tradition, most notably, the CEE and the German foreign trade and payments law. The authors suggest potential solutions de lege ferenda that would fit the scope and objectives of the screening regulation. Following the introduction, the second section of the paper glances through FDI screening mechanisms in four CEE countries. In the third section, the paper revisits the existing Croatian legislation on FDI control. The fourth section considers possible amendments thereof within the context of the German foreign trade and payments law. The fifth section summarises and concludes the paper.
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Rich, Bruce. "Public International Finance and Coal Fired Power: An Overview and Analysis 1994-2009, with a Spring, 2011 Update and Postscript." RIVISTA DI STUDI SULLA SOSTENIBILITA', no. 2 (September 2011): 119–63. http://dx.doi.org/10.3280/riss2011-002008.
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The World Bank and other international public financial institutions are continuing an eighteen year trend of supporting coal-fired power plant construction throughout the developing world and economies in transition. By financing this new carbonintensive infrastructure, multilateral development banks (MDBs) and export credit agencies (ECAs) are hamstringing the fight against global warming and setting back longer term efforts to alleviate poverty in the world's poorest countries. From 1994 through early 2009, the World Bank, other MDBs and ECAs financed new construction or expansion of 88 coal-fired power plants. These plants will generate roughly 791 million tons of CO2 emissions per year, or more than 75% of the 2008 annual emissions for coal-fired power in the entire European Union. According to the International Energy Agency, without a decisive reorientation of energy investment from carbon-intensive sources in developing and emerging economies, atmospheric CO2 will overshoot the point of no return for dangerous global warming, even if the OECD countries were to reduce their CO2 emissions to zero by 2030. Scarce public international financial resources in the energy sector should go to renewable technologies and energy efficiency, which will help countries grow and alleviate poverty while reducing the impacts of global warming on the poor.
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Naturkach, R. P. "Purpose of the monetary policy of the central banks of the EU participating countries." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 61–64. http://dx.doi.org/10.24144/2307-3322.2021.65.10.
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The scientific article is devoted to the study of the purpose of monetary policy of the central banks of the EU member states. The legislation of the European Union, the member states of the European Union (Germany, France, Poland, the Czech Republic, Spain), as well as the United Kingdom, which left the EU, modern approaches in the science of constitutional and administrative law to determine the monetary policy of central banks EU members. The concept of the purpose of the monetary policy of the Central Banks of the EU member states, the activities and instruments of monetary policy, the functions of the central bank of the EU member state are distinguished. Emphasis is placed on the following regulatory functions of central banks that exist in legal doctrine: 1) management of aggregate money turnover; 2) regulation of the monetary sphere; 3) regulation of supply and demand for credit. The focus is on the fact that the central banks of the EU member states support purchasing power, as well as on the well-known fact: inflation - the slope of financial policy is recognized in economic theory as the most effective. Ensuring the stability of the currency (conducting open market operations or establishing exchange rate policies or reserve requirements, etc.) is a function of the central bank of the state, not the purpose of its activities. The stability of the national unit is also a function of the central bank of the state. It is established that the main purpose of the monetary policy of the central banks of the EU member states is to ensure price stability. In addition, it is argued that this is the inflationary - inclination of financial policy is the most effective. Accounting policy, interest rate policy, regulation of reserve requirements, money supply, open market operations and credit operations, interest rates, reserve requirements of banks are the activities and instruments of monetary policy of central banks. members of the EU, not the purpose of monetary policy.
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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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Taušová, Marcela, Eva Mihaliková, Katarína Čulková, Beáta Stehlíková, Peter Tauš, Dušan Kudelas, and Ľubomír Štrba. "Recycling of Communal Waste: Current State and Future Potential for Sustainable Development in the EU." Sustainability 11, no. 10 (May 22, 2019): 2904. http://dx.doi.org/10.3390/su11102904.
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The constant consumption of resources exerts pressure on the environment. In this sense, waste management has obtained increasing attention from the view of a circular economy. The European Union deals with these mentioned aspects, trying maintain long-term competitiveness and to provide sustainable development in accordance with all related environmental aspects. This paper focuses on the evaluation of the production of communal waste in 36 EU countries. The main aim is to evaluate the success of countries’ efforts to decrease waste production and increase recycling rates. The methodology used for the evaluation included data collected from the publicly available database Eurostat, consequent analyses and evaluation in the statistical software JMP 13 through regression, distribution, and cluster analysis, and the interpretation of the results. The results of the cluster analysis showed that despite clear EU waste management legislation, EU member states have significantly different waste management systems at the national level. However, generally, we could see positive correlation between the generation of waste and recycling rates. Although, Malta, Austria, Greece, and Norway recorded a decreasing level of waste recycling over the last several years, some countries (Slovakia, Poland, Czech Republic, Latvia, Lithuania) had significantly lower recycling rates accompanied by low landfill taxes. The evaluation of waste production and recycling can be used for government policy in the area of waste management, as well as for individual communities dealing with communal waste.
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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.
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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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Zhornokui, Yurii. "Public legal means of investment of small and medium innovative entrepreneurship in the European Union." Law and innovations, no. 1 (29) (March 31, 2020): 7–13. http://dx.doi.org/10.37772/2518-1718-2020-1(29)-1.
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Problem setting. The development of social relations, the economic well-being of the population and the stable social structure of any state in the present circumstances are conditioned by a series of factors, one of which is the development of innovative infrastructure. One of the most important directions of development of the economic sector of our country was the formation of an innovative model of the economy, which puts to law the new tasks of clarifying the purpose and social value of law as a regulator of social relations. Analysis of recent researches and publications. The current state of the study of the selected issues indicates that the sources from which public-law organizations are investing innovative activities of small and medium-sized innovative entrepreneurship in the EU are insufficient. At the same time, the state policy of the EU countries in the scientific and technical sphere is realized through the use of various instruments, which include: legislation, tax policy, size and nature of the allocation of budget funds, including for the implementation of works in priority areas, the formation and maintenance of infrastructure, personnel, etc. Target of research is to identify the public and legal means of investing small and medium innovative entrepreneurship in the EU. Article’s main body. In the EU, the innovative component of public policy encompasses the scope of national scientific institutions (institutes, research centers, university laboratories, etc.). There are government programs that receive partial funding from the state budget. The state is guided by different criterias when deciding on the financing of specific works. First, the prospect of each specific direction is evaluated from the point of view of preserving the country’s achieved position on the world market in the future. Second, the recognition at the governmental level of innovation as a vital factor of economic development, the conduct of a broad government company on the problems of innovation. The current state of regulatory support suggests that structural funds such as the European Regional Development Fund and the European Social Fund should be considered as the main public sources of investment for innovative enterprises. In particular, such funds are implementing EIC Pathfinder Pilot, FET Innovation Launchpad, EIC Transition to Innovation Activity, EIC Accelerator, Programme for the Competitiveness of Enterprises and Small and Medium-sized Enterprises (COSME) etc. Conclusions and prospects for the development. In the EU, the investment of small and medium enterprises is not homogeneous, but a large part of them, despite the large number of investment support tools for such companies, face significant challenges in accessing investment resources. Developing a successful pan-European policy requires an indepth understanding of the problems and specifics of financing the innovation activities of small and medium innovative enterprises in EU Member States.
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Safronova, Alina, Aiga Barisa, and Vladimirs Kirsanovs. "Linking Sustainable Mobility Criteria to Policymaking: Results of Multi-Criteria Analysis." EAI Endorsed Transactions on Energy Web 9, no. 39 (June 21, 2022): e7. http://dx.doi.org/10.4108/ew.v9i39.1549.
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With increasing emissions from the transport sector, the need to reduce emissions is becoming increasingly acute. The EC's Climate Law aims to re-duce emissions by 55% by 2030, while the growing transport sector is the slowest to meet these targets. Only a few European Union (EU) countries met the 2020 renewable energy source target in the transport sector, which indicates that major changes are needed to meet the new EU requirements. As each country has limited financial resources, it is necessary to assess the impact of the policy before its implementation. In this study, a survey of 19 industry experts was conducted to identify the most promising policy in-struments for reducing emissions in the road transport sector, as well as to identify the most promising fuels for which more resources should be devoted. In this publication, data analysis was performed by the combined Technique for Order of Preference by Similarity to Ideal Solution (TOPSIS) methodology. The obtained data can be further used for in-depth analysis such as cost-benefit analysis or complex system dynamics analysis for later use in sustainable policy formulation.
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Ольга Павлівна Рудницька. "LEGAL REFORMS IN UKRAINE AND POLAND: COMMON AND DISTINCTIVE FEATURES." Intermarum history policy culture, no. 5 (January 1, 2018): 341–51. http://dx.doi.org/10.35433/history.111825.
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The article investigates the processes of carrying out legal reforms in Ukraine and Poland, their comparative analysis is made. The author has studied Poland's experience in implementing legal reforms. It is found out that one of the most important factors influencing positive changes in this country is the separatedness of the Polish power from business. In addition, the fight against corruption has become one of the decisive factors for successful reforms. It is concluded that as a result of long-term reforms, in particular legal, Poland has become one of the most stable economies in Europe.It is determined that the creation of a civil society, the formation of Ukraine as a democratic, socially oriented, rule of law state, is impossible without legal reforms implementation. The author proves that Ukraine has made successful steps to bring up the national legislation closer to the EU legislation. It is stated that European integration for Ukraine is an opportunity to modernize the economy, attract foreign investments, overcome technological backwardness, create new jobs, increase the competitiveness of the domestic commodity producer, enter the world markets.The author has studied that the reform of the prosecutor's office is carried out in Ukraine and Poland at different legislative levels, which is related to a different legal status of these bodies. The reform of the judicial system of Ukraine is analysed, in particular, the transition to the tripartite system of courts, the formation of new higher specialized courts in the system of judicial system: the Supreme Court on Intellectual Property and the Supreme Anticorruption Court. The experience of the territorial communities functioning in Poland and Ukraine is studied, their main general and distinctive features are outlined.It is concluded that the legal reform in Ukraine should be conducted taking into account positive experience of the European Union countries, specifically, one of the closest western neighbors, Republic of Poland.
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Minuto, Francesco Demetrio, Andrea Lanzini, Lorenzo Giannuzzo, and Romano Borchiellini. "Digital Platforms for Renewable Energy Communities Projects: An Overview." International Journal of Sustainable Development and Planning 17, no. 7 (November 30, 2022): 2007–13. http://dx.doi.org/10.18280/ijsdp.170701.
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The European Union energy policy agenda of achieving the transition to carbon neutrality has been established by an important legislative package called "Clean Energy for all Europeans". A novel approach introduced was to put the citizen at the center of the energy transition. On one side, by powering his freedom of action and, on the other side, by asking him an exceptional engagement in energy consumption reduction activities and in participating in the investments for new distributed Renewable Energy Sources (RES) power plants. The Renewable Energy Communities (REC) is the policy framework used to implement this strategy introduced by the Renewable Energy Directive Recast (RED II). In particular, RECs promote citizen’s active role by encouraging energy consumption reduction and energy demand flexibility while reducing the Not In My Bachyard (NIMBY) effect towards RES. Each member state is transposing the RED II directive, adapting it to national legislation and energy transition strategy. Pioneers countries like Italy have already started the experimentation of this framework and developing the first pilot projects. The citizens’ interest and their will to participate in REC projects indicate the need for supporting tools guiding them along all the project development stages: “design”, “creation”, and “operation”. This work presents three categories of supporting digital tools and platforms required to develop REC projects: Commercial, EU Founded and Freeware. We analyzed 30 tools, evaluating the services provided in each of the different stages of REC project implementation.
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Berdnik, I. V. "INTERNATIONAL PRINCIPLES OF CRIMINAL AND LEGAL PROTECTION OF INTELLECTUAL PROPERTY OBJECTS." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2022, no. 1 (September 2, 2022): 7–17. http://dx.doi.org/10.32755/sjcriminal.2022.01.007.
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The article is devoted to issues of international legal principles in the field of implementation and protection of intellectual property objects in the aspect of influence on the processes of law enforcement and law-making in the field of criminal law of domestic legal systems. It is determined that the following are important for the criminal protection of intellectual property rights: the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), the Convention on Cybercrime, the Paris Convention for the Protection of Industrial Property, the Berne Convention for the Protection of Literary and Artistic Works, the Hague Agreement Concerning the International Registration of Industrial Designs, the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration to them, and others. The relevance of this issue is due to the fact that, taking into account the processes of globalization of the world economy, as well as the process of integration of the legal systems of the countries of the world, the study of the international principles of criminal and legal protection of intellectual property is of great importance at the current stage of Ukraine’s development. The author determines that the concept of “intellectual property” should be understood as a type of property as a generic concept. Based on the analysis of the norms of international acts on the criminal protection of intellectual property rights, a number of problems have been identified that must be resolved in legislation, as well as legal science and practice. These problems include: 1) the problem of determining in which sections of the criminal codes the norms establishing criminal liability for infringement of intellectual property rights should be located. It is proposed to combine the norms establishing criminal liability for infringement of intellectual property rights into one section “Criminal offenses against intellectual property” in the Criminal Code of Ukraine; 2) the problem of determining which objects of intellectual property should be protected by the norms of criminal law. Key words: criminal liability, intellectual property, criminal legal protection, World Intellectual Property Organization, European Union.
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Ladychenko, Viktor, Olena Gulac, Karim Yemelianenko, Yurii Danyliuk, and Volodymyr Kurylo. "Ensuring Sustainable Development of Local Self-Government: Foreign Experience for Ukraine." European Journal of Sustainable Development 10, no. 4 (October 1, 2021): 167. http://dx.doi.org/10.14207/ejsd.2021.v10n4p167.
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In order to build effective democratic governance under the Council of Europe Action Plan for Ukraine, local governments and elected representatives must have the knowledge and tools to manage modern and efficient resources, and local governments in general must increase their transparency, activities to strengthen citizens' trust in local political institutions. In its ambitious plans to implement effective governance, the Government of Ukraine is working to create a modern system of local self-government that promotes the dynamic development of regions and transfers as much power as possible to the level closest to citizens - communities. The article is devoted to the issue of ensuring the sustainable development of local self-government in Ukraine on the basis of the experience of building the system of local self-government in the European countries. Foreign experience with the existing system of local governments of Ukraine is compared. Local governments are classified into representative and executive. The practice of organizing their activities is studied. Both regional and local representative bodies and municipalities were studied. Different types of individual and collegial executive bodies of local self-government of foreign countries, methods of their formation, management models are given. The real state of the results of the reform of local self-government and decentralization, as well as the administrative-territorial system in Ukraine has been established. The main positive features of the system of local self-government bodies of foreign countries are identified and options for implementing sustainable development methods for self-government of Ukraine are proposed, including through effective state control, election of key local government officials, codification of local self-government legislation and balancing the status and powers of representatives and executive bodies of local self-government.
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Jashari, Ruzhdi. "Protection of Personal Data Requirement of Modern Times for the Functioning of the Security, Individual Freedoms and the Rule of Law." European Journal of Multidisciplinary Studies 5, no. 1 (May 19, 2017): 299. http://dx.doi.org/10.26417/ejms.v5i1.p299-305.
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Rule of law, human rights, freedoms, and security; are the three main pillars to the new trend of global developments, especially in the development of democratic values, where the protection of individual freedoms is among the fundamental principles that have data protection as the center point. In the years 2015-2016 we have seen the major cases of confrontation regarding the wiretapping to that point as the intervention even in the system of the "US election campaign by the Russian hackers", then sending of Macedonia to the "early elections, due to the extraction and publication of wiretaps by Zaev", the review of the "Safe Harbor" Agreement, of the EU and the US regarding the transfer of personal data during free "transatlantic" trade among EU and USA, etc. In this time of globalization, and developments of major movements is been said: "no home", "no time", "no limit", by digitized devices and social networks, privacy of the individual is excessively violated through abuse of personal data, personal security is violated and security of the systems vital to society. Therefore, this way, the national security of a country is been violated and endangered as well. Therefore, the development of institutions for protection of personal data, their independence and empowerment are of particular importance due to the vital interests of the country; where security, justice and freedom have a leading role in the development of a free and democratic society, where the individual human rights and freedoms, have a main place in modern developments of our time, in the society with the rule of law and the diversity of values. Freedoms and human rights, data and privacy protection; according to the European Convention of freedoms and human rights and the 108 Convention of the protection of personal data in automated processing, even though Kosovo has still not signed them. These rights are guaranteed by the constitution. On May 26, 2018 New Rules for the Protection of Personal Data of the EC and the European Union, will be no binding power for all EU countries. The entire legal measures of protection of personal data of the new Rules of PPD, should be forwarded to legislation interior PPD of EU member states and the EC and those who are already signatories to Convention 108 of PPD during the automatic processing of personal data. Among other things, we will give our assessments in question, where Kosovo really stands in this direction, with its commitment and aspirations for integration into European institutions and mechanisms.
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Geletukha, G. G., T. A. Zheliezna, and A. I. Bashtovyi. "PROBLEMS AND PROSPECTS FOR THE DEVELOPMENT OF COGENERATION IN UKRAINE." Thermophysics and Thermal Power Engineering 41, no. 1 (September 11, 2018): 59–66. http://dx.doi.org/10.31472/ttpe.1.2019.8.
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The purpose of the work is to determine the preconditions and perspective lines for the development of high-efficiency cogeneration in Ukraine. The tasks of the work consist in a review of European experience in this area, an analysis of the relevant Ukrainian legislation, and the development of recommendations for its improvement. Methods of research include the study of literary, statistical and other data, analysis of regulatory acts. The results of the work show that Ukraine has good preconditions for the development of cogeneration technologies, which will reduce the consumption of fuel and energy resources due to more efficient production of heat and power compared to their separate production. The experience of EU countries on the development of cogeneration is considered, the existing mechanisms of support of this sector are analysed. The necessity to develop cogeneration on local fuels in Ukraine is substantiated. For Ukraine, local fuels are coal and biomass, of which the latter has advantages in terms of environmental performance (emissions of sulphur, nitrogen oxides, and greenhouse gases) and the availability of sufficient potential of local resources. Heat produced by a biomass CHP plant is cheaper than heat from gas, and the introduction of biomass CHP plants results in the reduction of natural gas consumption and contributes to the economic development of Ukraine’s regions. Construction of a biomass CHP plant has certain limitations, such as the density of settlement development, the problems of logistics, but in the absence of these restrictions, and with the positive results of the feasibility study, the implementation of projects of this type is expedient. The legal basis of cogeneration development in Ukraine is analysed, the need for its improvement is shown. Recommendations for the improvement of an existing draft law on the development of high efficiency cogeneration in Ukraine have been developed.
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Kherkhadze, Alim. "THE ROLE OF FORING DIRECT INVESTMENTS IN THE ECONOMY AND THEIR STIMULATION MECHANISM." Economic Profile 17, no. 2(24) (December 25, 2022): 104–16. http://dx.doi.org/10.52244/ep.2022.24.03.
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In the era of globalization, the attraction of foreign investments has become an important factor in promoting the economic growth of countries. Investors are constantly looking for favorable conditions for investing their capital, which involves a combination of several important factors. The investor, who is focused on getting the maximum profit with the minimum cost, before making an investment decision, will study the investment environment of the host country, the proximity to large key markets, the barriers to entry from the host country to international markets, the availability of production and energy resources, the level of political and economic stability, the number of labor force, qualifications, etc. .sh. In terms of investments in the modern world, two types of trends have been identified: 1. High-tech investments, which are mainly located in developed countries, due to the developed country's intellectual resources, key market and good opportunities for business development, and 2. Investment, which is focused on obtaining maximum profit at the expense of cheap resources and labor force, and there is no or minimal technical innovation in it. It is important for the state to attract such direct foreign investments, which will not only be focused on making profits, but will also ensure the raising of the qualifications of local staff, the introduction of technological innovations, and the social protection of employees. Thanks to the economic reforms implemented after the post-Soviet upheavals, Georgia has become an attractive place for foreign investment, however, due to the shortage of labor force and low qualifications, investments focused on cheap resources and labor force are entering the country more than high-tech ones. The entry of relatively large, high-tech investments is hindered, in addition to the scarcity of the country's workforce and relatively low qualifications, the low level of energy independence, the territories occupied by the Russian Federation of Georgia, the generally politically and economically unstable region (Tskhinvali, Abkhazia, Karabakh regions), the aggressive state - the Russian Federation. Neighborhood and high probability of potential armed conflicts. The positive factors that make Georgia attractive for foreign investors are a favorable geopolitical location with land access, moderate natural and climatic conditions, low level of corruption, less bureaucratic and simple legislation compared to other countries, high level of harmonization of national legislation with international legislation, with the European Union in 2014 and in 2017 Free trade agreements signed with China, which allow a foreign investor to export products produced on behalf of Georgia to two of the world's largest markets without any problems. Due to the fact that one of the most important factors of production - "capital" - is needed to develop the economy, and the country does not have it at this stage, attracting foreign investments is a vitally important task for the economic growth of Georgia. In developing countries like Georgia, the level of domestic savings is relatively low. In addition to this, apart from the banking system, there is no stock market. In the period 1996-2021, a total of about 23.12 billion dollars of investment came into Georgia. The first and only investor country in 1996 was Ukraine with 3753.45 thousand US dollars. In the following years, significant investments were made in Georgia from the USA (1.81 billion USD), the European Union, CIS countries and Great Britain. According to the latest data, foreign investment has entered Georgia from 74 countries, which is almost 2 times less than the number of countries with which Georgia has trade relations (export-import). Since 2003, the growth of investments had an irreversible character, however, the 2008 world economic crisis and Russia's military attack on Georgia sharply reduced this figure, and it took 6 years to restore the pre-war figure. In addition, since 2017, foreign investments in Georgia have been characterized by a decreasing trend. Pandemic year 2020 was particularly notable in terms of investment decline. Despite the fact that after the signing of the Georgia-EU association in 2014, foreign investments should have increased due to the desire to access the EU market, until 2017, their volume was decreasing. In 2017, in the history of independent Georgia, the largest level of foreign investments - 1.98 billion USD was recorded. In the same year, the agreement on free trade between Georgia and China was signed, which should also increase foreign investments due to the desire to access the Chinese market, although the country has not returned to the level of foreign investments made in 2017. On December 31, 2013, the Organic Law of Georgia "On Economic Freedom" adopted in 2011 entered into force. The law, on the one hand, regulates the limit of the amount acceptable from taxpayers - in case of the desire to increase the tax rates of income, profit, VAT and import taxes, citizens' consent is required through a referendum, and on the other hand, the amount of spending of collected taxes is controlled by the limits of the established macroeconomic parameters. After the implementation of this law, the tax burden of taxpayers was not supposed to increase, but the government took advantage of the loophole in the law and in 2017 the excise duty rate was sharply increased on cars (the excise duty on right-hand drive cars was doubled), fuel and tobacco products. The property tax has also been increased, since it does not belong to the general state tax. Since January 1, 2017, when the Estonian model of profit tax came into force, the state budget received about 500 million GEL less. To make up the deficit, either government spending had to be cut, or debt had to be incurred, or taxes had to be raised. In 2017, the government's expenses increased by 800 million GEL, we took on a debt of 400 million GEL, and the excise and property tax rates were also increased, according to which if the family had an annual income of more than 40,000 GEL, they would have already paid property tax on the car. As of May 2021, the foreign debt has increased to 24.8 billion GEL and has already violated the macroeconomic parameter written in the Law on Economic Freedom, according to which the government's debt cannot exceed 60% of GDP. From 2011, when the law was adopted, until 2013, when the law entered into force, the volume of direct foreign investments did not increase, on the contrary - it even decreased, although this can be blamed on the caution caused by the change of government in 2012. - Investors are likely to observe the possibility of a change in the country's political vector. When the law came into force in December 2013, that is, in fact from 2014, the volume of investments increased by leaps and bounds, and this dynamic continued until 2017, when taxes were increased. Since 2018, the volume of direct foreign investments has dropped almost to the level of 2011. Based on all of the above, we believe that in order to attract foreign investments, Georgia should make maximum use of those competitive advantages that will attract the attention of foreign investors. The country, which has historically been a corridor of regional and world importance, has yet to fully utilize its transport function.
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Amineh, Mehdi P., and Wina H. J. Crijns-Graus. "Rethinking eu Energy Security Considering Past Trends and Future Prospects." Perspectives on Global Development and Technology 13, no. 5-6 (October 8, 2014): 757–825. http://dx.doi.org/10.1163/15691497-12341326.
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euenergy policy objectives are directed at three highly interdependent areas: energy supply security, competitiveness and decarbonization to prevent climate change. In this paper, we focus on the issue of energy supply security. Security of energy supply for the immediate and medium-term future is a necessary condition in the current context of the global political economy for the survival of the Union and its component member states. Since the Lisbon Treaty entered into force, energy policy no longer comes onto the agenda of the European Commission through the backdoor of the common market, environment and competitiveness. The Treaty created a new legal basis for the internal energy market. However, securing external supplies as well as deciding the energy mix, remain matters of national prerogative, though within the constraints of other parts of eu’s legislation in force. Without a common defense policy, the highly import dependent Union and its members face external instability in the energy rich Arab Middle East and North Africa.Concern about energy security has been triggered by declining European energy production as well as the strain on global demand exerted by newly industrializing economies such as China and India and the Middle East, as well as the political instability in this reserve-rich part of the world. This paper explores the following two topics [1] the current situation and past trends in production, supply, demand and trade in energy in the eu, against the background of major changes in the last half decade and [2] threats to the security of the supply of oil and natural gas from import regions.Fossil fuel import dependence in the eu is expected to continue to increase in the coming two decades. As global trends show, and despite new fields in the Caspian region and the Eastern Mediterranean, conventional fossil oil and gas resources remain concentrated in fewer geopolitically unstable regions and countries (i.e. the Middle East and North Africa (mena) and the Caspian Region (cr) including Russia), while global demand for fossil energy is expected to substantially increase also within the energy rich Gulf countries. This combination directly impacts eu energy supply security. It should be noted that the trend towards higher levels of import dependence was not interrupted when the era of low energy prices, between 1980 and 2003, came to an end.Within the eu itself, domestic resistance to the development of unconventional resources is an obstacle to investment in unconventional sources in this part of the high-income world. This should therefore not put at risk investments in either renewables or alternative sources at home or conventional resources mainly in the Arab-Middle East.The situation is exacerbated by the spread of instability in the Arab-Middle Eastern countries. There are three domestic and geopolitical concerns to be taken into consideration:(1) In the Arab-Middle East, threats to eu energy supply security originate in the domestic regime of these countries. Almost all Arab resource-rich countries belong to a type ofpatrimonial, rentier-type of state-society relation. These regimes rely on rents from the exploitation of energy resources and the way in which rents are distributed.Regimes of this type are being challenged. Their economies show uneven economic development, centralized power structures, corruption and poverty at the bottom of the social hierarchy. The discrimination of females is a major obstacle to the development of the service sector. At present, even the monarchies fear the spread of violent conflict.Offshoots of these consequences have proven to cause civil unrest, exemplified by what optimists have called the ‘Arab Spring.’(2) The second concern is the domestic and global impact of Sovereign Wealth Funds (swfs) managed by Arab patrimonial rentier states. swfs have proven to be an asset in both developing and developed economies due to their ability to buffer the ‘Dutch Disease,’ and to encourage industrialization, economic diversification and eventually the development of civil society. In patrimonial states, however, swfs are affected by corruption and the diversion of funds away from long-term socioeconomic development to luxury consumption by political elites. In fact, Arab swfs underpin the persistence of the Arab patrimonial rentier state system.(3) Finally, the post-Cold War, me and cea geopolitical landscape is shifting. The emergence of China and other Asian economies has increased their presence in the Middle East due to a growing need for energy and the expansion of Asian markets. The recent discovery of energy resources in the us has led to speculation that there will be less us presence in the region. There would be a serious risk to eu energy security if emerging Asian economies were to increase their presence in the Middle East as us interests recede.
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Kopynets, Ivan, Volodymyr Kaskiv, and Оleksii Sokolov. "Study of properties of dusty wastes from power generating plants of Ukraine." Dorogi i mosti 2021 (March 25, 2021): 94–101. http://dx.doi.org/10.36100/dorogimosti2021.23.094.
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Introduction. Disposal of recycled materials is targeted at saving the natural resources and reducing the volume of wastes that have to be disposed of in special landfills. Disposal is encouraged by many countries of the European Union. A key element in promoting of wastes recycling is the «polluter pays» principle, which has been included in all Community directives regarding management of safe and hazardous wastes. In order to encourage recycling, many Member States have adopted specific environmental legislation, in particular, the wastes disposal tax.Problem statement. Today, in Ukraine the issue of utilization of industrial wastes has not been solved, that is why a considerable part of them are in the dumps and pose a great risk for the environment; and only a small part of them is utilized in the construction projects [1], although there exists the «State Target Economic Program for the Development of Public Roads of National Significance for 2018–2022» [2] and the Order of the Cabinet of Ministers of Ukraine [3] which regulate the use of local materials, including industrial waste during the construction of motor roads. At the same time, millions of tons of dusty wastes are being produced at the Ukrainian power plants as a result of coal combustion — fly ash and ash from a tailings dam.Purpose. Carrying out of research of ash from a tailings dam and a mixture of limestone material with the ash from the tailings dam on conformity with the requirements to fillers.Materials and methods. The ash from a tailings dam, a mixture of limestone material with the ash from a tailings dam and commercially produced limestone filler have been selected for the study.Results. The results of the research on establishing the possibility of using the dusty waste products from power generating plants for the production of asphalt mixtures are presented. Experimental studies have been performed to determine the physical and mechanical properties of the ash from the tailings dam with partial replacement by limestone material. The conformity of the studied materials to the requirements of national standards was determined.Conclusions. Studies for determination of grading, porosity, swelling and structuring ability showed that the tested ash does not meet the requirements of Table No.5 of DSTU B V.2.7-121 for porosity in the case of compaction of 40 MPa; a mixture 80:20 — for swelling of samples of the filler with bitumen; and the mixture 50:50 meets the established requirements by defined indicators. A significant swelling increase of the samples from the mixture of filler with bitumen may be the result of high content of clay impurities in the test materials.Keywords: industrial wastes, limestone material, ash, filler. physical and mechanical properties.
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BROŽIČ, LILIANA. "EDITORIAL, SECURITY PERSPECTIVES." CONTEMPORARY MILITARY CHALLENGES 2022, no. 24/3 (September 30, 2022): 11–13. http://dx.doi.org/10.33179/bsv.99.svi.11.cmc.24.3.00.
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This is the title of the third issue in the twenty-fourth volume of the Contemporary Military Challenges. We started from the changes that have taken place over the last few years. We have had in mind the increased migration flows towards the European Union, the experience of the Covid 19 epidemic, the climate change that surprises us time and time again, despite the fact that we are aware of it, and that we are trying to adapt and respond to it accordingly. In March this year, the "Strategic Compass for Security and Defence - For a European Union that protects its citizens, values and interests and contributes to international peace and security" was launched, and at the end of June, the new NATO Strategic Concept. Both with the aim of rethinking, aligning and unifying the way we look at existing security challenges and developing new security perspectives. At the beginning of this year, we were taken by surprise by the Russian Federation's armed attack against Ukraine. Some had predicted it; others only foresaw it. Many were convinced, however, that such a phenomenon was not possible in a modern democratic society. Huntington's theory of a clash of civilisations, which seemed to have outlived its usefulness in modern European society, has become relevant again. A realistic view of the contemporary security, social and political situation in the world and, above all, the crisis of values and the consequent need for unification have encouraged the European Union to aspire to become a global security actor in the international environment. The war in Ukraine is forcing the European Union to act. It has prepared a package of economic measures or sanctions to influence the Russian Federation in terms of expressing its disapproval of its unilateral moves. However, the Member States are not entirely united on how to confront and counter the situation. Without unity, united political positions and united action, the European Union cannot become the global security actor that it has claimed to be in its strategic compass. In this context, it is also worth mentioning its Common Security and Defence Policy, which is first and foremost a policy, and the fact that the European Union does not have its own military capabilities to manage. The Member States have military capabilities, and they spend varying amounts on their defence. Over the last decade, most Member States have been reducing their defence expenditure, despite the fact that it was agreed at the NATO summit in Wales in 2012 that it would amount up to 2% of GDP. Not all Member States of the European Union are members of the Alliance, but there are twenty-one of them that are members of both. Douglas Barrie and his colleagues produced a special report in 2020 on 'European defence policy in an era of renewed great-power competition', which concluded that, assuming that all Member States did indeed spend 2% of GDP on defence, the European Union and its Member States would need ten to fifteen years to be adequately prepared in terms of security capabilities for a possible aggression by a country with the military capabilities of the Russian Federation today. With investments in this area as they are in 2022, it would take twenty years. This leads to the logical conclusion. There are only two ways of stopping the Russian Federation in its territorial and, of course, political ambitions. The first and most appropriate is political, the second military. Since the European Union does not represent a serious opponent in defence and military terms to this large and militarily powerful country, the only way for it to achieve its status as a global security actor is politically. The military conflict in Ukraine is a major test for both the Union and the Alliance. The European Union now has the opportunity to test how strong and credible its ideals, values and beliefs are. Are its senior representatives wise and innovative enough to look beyond economic sanctions to other diplomatic avenues to achieve what they have written in their strategic compass – to be a global player? Time will answer this question. Until then, however, scholars and other experts will be studying the various influences and phenomena in the security domain. Some of them will also share them with the readers of Contemporary Military Challenges. In a time of economic sanctions imposed by the European Union, Tamas Somogyi and Rudolf Nagy focus on the protection of critical infrastructure, of which the financial sector is an important part. In their article Cyber threats and security challenges in the Hungarian financial sector, they explore the security risks facing the banking system in their country. The paper Geostrategic perspectives of Slovenia in a changing world draws on two geopolitical theories by Mackinder and Spykman, who develop their views on the European space. Uroš Tovornik explored Slovenia's geostrategic position on the basis of their theories, focusing on its geopolitical characteristics. He summarised his findings into four possible scenarios, which are determined by these characteristics and from which possible future geopolitical orientations are derived. Olusola Kolawole Oluwagbire explored the influence of the world’s major powers and how this is reflected in the case of each country. Africa, as a very large continent, is made up of many and diverse countries. The influence of the major powers has always been very strong and integral to African life and the security of its people. In his article An assessment of the impact of relations with major powers on national security: Nigeria in perspective, the author presents how this has changed in recent years and how it affects the security of each country in. Mariann Minkó-Miskovics and Csaba Szabó note that there is an inconsistency between European and Hungarian legislation in the field of dual-use regulation, i.e. for civil and defence purposes. Moreover, they are convinced that this inconsistency may pose a security risk. What this means in practice is presented in the article Interpretation of civil vs. military equipment in European case law - EU and Hungary. Jarosław Włodarczyk writes on the importance of a proper understanding of language between different stakeholders in the international military environment. His study focuses on the teaching of English among military personnel in Poland and on those types of words that do not have a direct translation from Polish into English or vice versa. A particular challenge here is how to adequately explain and teach this to military personnel in the educational process. He summarised his findings in his paper The problem of lexical gaps in teaching military English.
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Davydiuk, Oleksandr. "Economic and legal regulation of the technology subsystem of the National innovation system." Law and innovative society, no. 2 (15) (January 4, 2020): 97–104. http://dx.doi.org/10.37772/2309-9275-2020-2(15)-15.
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Problem setting. The fact of significant technological lag of the national economy of Ukraine from the countries of the European Union and South and North America is obvious. In addition to the economic components of this trend, of great importance is the lack of necessary organizational and regulatory prerequisites for the mass dissemination of technology transfer and development of public relations for their creation, transfer of rights and implementation in the productive sector of the economy. The current legislation that regulates innovation and determines the status of technology, unfortunately, is a branch of law that has been implemented under the influence of global trends in the spread of these processes and is not the result of natural development of society and business practices. Given the leading, initiating role of innovation legislation, the requirements of which create the preconditions for the development of innovative legal relations, legal science faces an extremely important task – to form such an effective and efficient concept of legal regulation of relations that mediate the circulation of technologies that would interest businesses intensive exchange of scientific developments and their more mass bringing to the level of specific production equipment, machinery, machines and mechanisms. Analysis of recent researches and publications in the work were investigated the works of scientists such as Yu. Ye. Atamanova, O. D. Svyatotsky, P. P. Krainev, S. F. Revutsky, S. Yu. Poguliayev, K. Yu. Ivanova, O. V. Hladka, A. I. Denisov etc. Article’s main body. Elements that are part of the technology transfer subsystem: relationships, subjects and objects. Relations that are part of the structure of the technology transfer subsystem of the National Innovation System: (1) Relations within the technology market; (2) Relations within the public-law sector of technology transfer; (3) Relationships involving unorganized ways of creating, transferring and implementing technologies. All entities involved in the technology transfer subsystem of the National Innovative System can be characterized as follows: (a) the author (developer) of the technology; (b) the owner of the object of intellectual property rights (owner of property rights to the object of intellectual property rights) on the basis of which the technology is developed; (c) the recipient of the technology (business entity in which the technology is embodied in the integral property complex); (d) the customer of the technology development process; (e) the state, represented by the authorized bodies of state power, which carries out public administration within the framework of the state technological policy; (f) local governments that, within their competence, influence the specifics of technology transfer within one or more settlements; (g) the investor, the person at whose expense the process of development and further implementation of the technology takes place and is implemented; (h) professional participants (specialized and professional intermediaries), which should include technology brokers, legal entities and individuals providing services related to the use of technology etc. The following forms of technology participation in economic legal relations can act as objects of the technology transfer subsystem of the National Innovative System, namely: (a) material embodiment of technology in the form of an integral technological line and / or experimental design of technology; (b) information implementation of the technology; (c) an integral property complex of the business entity to the production assets of which the technology has already been implemented; (d) technology as an innovative product; (e) technology as an innovative product that is both commodityfunctional and production (industrial) nature. Conclusions and prospects for development. (1) The main areas of improvement of the current legislation of Ukraine regulating relations in the field of technology circulation are: (a) determination of the legal status of subjects and participants of relations related to the creation, transfer of rights and implementation of such objects; (b) creation of normative “tools” for protection of the rights and legitimate interests of subjects and participants of relations related to the circulation of technologies; (c) creation of a normative field that establishes the list and procedure for the functioning of the organizational principles of the technology market (means of state influence, determination of the limits of such influence, the general procedure for implementation). (2) The necessity of adopting an additional new Law of Ukraine “On Technologies in Ukraine”, which will contain all the necessary regulations that will determine the economic and legal mechanism for regulating relations related to the creation, transfer of rights and implementation of technologies and / or its components, which in fact remained outside the subject of regulation of current regulations. (3) It is proposed to enshrine in the current legislation of Ukraine, in a normative document not lower than the level of the Law of Ukraine, an updated concept of the National Innovative System, which would reflect all relevant features of understanding its structure and interaction; (4) To determine in the current legislation of Ukraine the legal status of the technology transfer subsystem as a separate element of the National Innovation System; (5) To fix in the Law of Ukraine “On state regulation of activities in the field of technology transfer” a list of elements of the subsystem of technology transfer of the National Innovation System, for more adequate formation of long-term legislation, which should serve as a guideline for regulatory impact as an integral object of legal regulation by authorized public authorities.
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Delponte, Ilaria, and Paolo Rosasco. "Sustainable mobility and economic sustainability: the case of the new trolleybus line in Genoa." Valori e Valutazioni 29 (January 2022): 57–78. http://dx.doi.org/10.48264/vvsiev-20212906.
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With over 3.5 billion people currently residing in major cities around the world, the issue of urban mobility is a current issue and is particularly important in European countries where over 75% of the population is concentrated in urban areas. Even today, many of the daily journeys depend on cars and other private motorized vehicles, with a strong impact in terms of air pollution, noise and climate change as in the European Union transport is responsible for a quarter of greenhouse gas emissions. Reducing private transport and making urban transport systems greener and more efficient therefore has important benefits: for the health, climate and prosperity of cities. New models of transport and urban accessibility, increasingly oriented towards environmental sustainability, must therefore be adopted; the choice of the transport solution must be made in relation to not only technical but also economic, social and environmental feasibility. Taking a cue from the Call issued in 2018 by the Ministry of Infrastructure and Transport for the selection of urban mobility proposals that can access the economic resources intended for the enhancement and implementation of rapid mass transport systems provided for by Law no. 232/2016, this contribution deals with the evaluation of three transport proposals hypothesized for the connection between the city center of Genoa (Brignole station) and the district of Prato, along the Bisagno Valley, developed according to the indications contained in the Urban Mobility Plan of the Municipality. In particular, a Cost-Benefit Analysis (CBA) is developed according to the indications given in the Notice and in the Guidelines of the Ministry of Infrastructure and Transport for the evaluation of investments in public works. The objective is to verify the applicability of the CBA tool for assessing the economic and financial sustainability of the solutions analyzed - also in relation to the indications given in the legislation, the transport scenarios configured and the reliability of the results obtained, for the the choice of the transport solution to be adopted. Con oltre 3,5 miliardi di persone che risiedono attualmente nelle grandi città del mondo, il tema della mobilità urbana è una questione attuale ed è particolarmente importante nei paesi europei dove nelle aree urbane si concentra oltre il 75% della popolazione. Ancora oggi, molti degli spostamenti quotidiani dipendono dalle auto e da altri veicoli motorizzati privati, con un forte impatto in termini di inquinamento atmosferico, sonoro e sul cambiamento climatico visto che nell’Unione europea i trasporti sono responsabili di un quarto delle emissioni di gas serra. Ridurre il trasporto privato e rendere i sistemi di trasporto urbani più ecologici e più efficienti presenta quindi dei vantaggi importanti: per la salute, il clima e la prosperità delle città. Nuovi modelli di trasporto e di accessibilità urbana, sempre più orientati verso la sostenibilità ambientale, devono quindi essere adottati; la scelta della soluzione trasportistica deve essere fatta in relazione alla fattibilità non solo tecnica ma anche economica, sociale ed ambientale. Prendendo spunto dal Bando emesso nel 2018 dal Ministero delle Infrastrutture e dei Trasporti per la selezione delle proposte di mobilità urbana che possono accedere alle risorse economiche destinate al potenziamento e alla realizzazione di sistemi di trasporto rapido di massa previste dalla Legge n. 232/2016, il presente contributo tratta della valutazione di tre proposte trasportistiche ipotizzate per il collegamento tra il centro della città di Genova (Stazione Brignole) e il quartiere di Prato, lungo la Val Bisagno, sviluppate secondo le indicazioni contenute nel Piano Urbano di Mobilità del Comune. In particolare è sviluppata l’Analisi Costi-Benefici (ACB) secondo le indicazioni riportate nel Bando e nelle Linee Guida del Ministero delle Infrastrutture e Trasporti per la valutazione degli investimenti in opere pubbliche. L’obiettivo è quello di verificare l’applicabilità dello strumento dell’ACB per la valutazione della sostenibilità economica e finanziaria delle soluzioni analizzate anche in relazione alle indicazioni riportate nella normativa, agli scenari trasportistici configurati e all’attendibilità dei risultati ottenuti, ai fini della scelta della soluzione trasportistica da adottare.
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Osmani, Myslym, Rezear Kolaj, Petar Borisov, and Ekaterina Arabska. "Why agricultural policies fail and two cases of policy failures in Albania." Agricultural and Resource Economics: International Scientific E-Journal 8, no. 2 (June 20, 2022): 86–104. http://dx.doi.org/10.51599/are.2022.08.02.05.
Full textAbstract:
Purpose. The purpose of this study is to identify the causes of economic policy failure in general and agricultural policy failures in Albania in particular. At the same time, the very concept of policy failure is a matter of our interest. To achieve our goal, we have conducted a basic literature review. The most important aspect of interest in the study is the investigation of two cases where agricultural policy in Albania has failed.
Methodology / approach. To conduct the study we use several methods: a review of general literature in relation to government policy failure; review of specific literature regarding farm size and cooperation; review of national policy or strategic documents regarding agricultural and rural development in general and farm size and cooperation in particular; review of national statistical evidence about farm size and cooperation in Albania, and data from international sources such as The Global Economy.
Results. The study is based on the widely recognized evidence that the concept of failure is multidimensional and not uniquely defined. The study contributes to identifying and summarizing some of the main causes of policy failures. Government policies generally fail when intervention leads to inefficient allocation of resources and an overall decline in people’s well-being when they do not increase production, productivity, or revenue, or when society does not achieve the policy objectives set. Policy failures are generally related to the weakness of institutions. Institutions are weak when they fail to perform effectively the three basic functions that are commitment, coordination, and cooperation. In the case of agricultural policies in Albania, the study analyzes the extremely low level of collective action and the small size of farms, which has remained almost the same and fragmented throughout the 30–year period of economic and social transition. Strong institutions responsible for drafting and implementing legislation and developing policies, characterized by the professionalism and high performance of their staff, are the only guarantee for achieving the policy objectives for sustainable agricultural development and accelerating the process of Albania’s integration into the European Union.
Originality / scientific novelty. The literature points out that: (1) government effectiveness, (2) rule of law and (3) weak control of corruption are the root causes of all policy failures, including agricultural policy failures. We analyze the data on these indicators for Albania and some other countries in the Western Balkans region and try to draw conclusions about their impact on the two policy failures we are interested in, which are the serious lack of collective action in the agricultural sector and the small size of farms in Albania. No previous research has been focused on agricultural policy failures, at least in Albania.
Practical value / implications. The study may be useful for the discussion and evaluation of the impact of policies, and performance of related institutions in Albania. It emphasizes not only the need of reforming these bodies but also suggestions for future research on policies and their effectiveness in Albania and beyond.
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Osmani, Myslym, Rezear Kolaj, Petar Borisov, and Ekaterina Arabska. "Why agricultural policies fail and two cases of policy failures in Albania." Agricultural and Resource Economics: International Scientific E-Journal 8, no. 2 (June 20, 2022): 86–104. http://dx.doi.org/10.51599/10.51599/are.2022.08.02.05.
Full textAbstract:
Purpose. The purpose of this study is to identify the causes of economic policy failure in general and agricultural policy failures in Albania in particular. At the same time, the very concept of policy failure is a matter of our interest. To achieve our goal, we have conducted a basic literature review. The most important aspect of interest in the study is the investigation of two cases where agricultural policy in Albania has failed.
Methodology / approach. To conduct the study we use several methods: a review of general literature in relation to government policy failure; review of specific literature regarding farm size and cooperation; review of national policy or strategic documents regarding agricultural and rural development in general and farm size and cooperation in particular; review of national statistical evidence about farm size and cooperation in Albania, and data from international sources such as The Global Economy.
Results. The study is based on the widely recognized evidence that the concept of failure is multidimensional and not uniquely defined. The study contributes to identifying and summarizing some of the main causes of policy failures. Government policies generally fail when intervention leads to inefficient allocation of resources and an overall decline in people’s well-being when they do not increase production, productivity, or revenue, or when society does not achieve the policy objectives set. Policy failures are generally related to the weakness of institutions. Institutions are weak when they fail to perform effectively the three basic functions that are commitment, coordination, and cooperation. In the case of agricultural policies in Albania, the study analyzes the extremely low level of collective action and the small size of farms, which has remained almost the same and fragmented throughout the 30–year period of economic and social transition. Strong institutions responsible for drafting and implementing legislation and developing policies, characterized by the professionalism and high performance of their staff, are the only guarantee for achieving the policy objectives for sustainable agricultural development and accelerating the process of Albania’s integration into the European Union.
Originality / scientific novelty. The literature points out that: (1) government effectiveness, (2) rule of law and (3) weak control of corruption are the root causes of all policy failures, including agricultural policy failures. We analyze the data on these indicators for Albania and some other countries in the Western Balkans region and try to draw conclusions about their impact on the two policy failures we are interested in, which are the serious lack of collective action in the agricultural sector and the small size of farms in Albania. No previous research has been focused on agricultural policy failures, at least in Albania.
Practical value / implications. The study may be useful for the discussion and evaluation of the impact of policies, and performance of related institutions in Albania. It emphasizes not only the need of reforming these bodies but also suggestions for future research on policies and their effectiveness in Albania and beyond.
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Kozhura, Liudmila, Svitlana Zadereiko, and Andrii Omelchenko. "SYSTEM OF ECONOMIC MEANS OF STATE ADMINISTRATION OF THE RIGHTS OF PEOPLE WITH DISABILITIES TO HEALTHCARE." Baltic Journal of Economic Studies 7, no. 4 (September 27, 2021): 101–7. http://dx.doi.org/10.30525/2256-0742/2021-7-4-101-107.
Full textAbstract:
At the current stage of the development of society the problem of social protection and state support for people with disabilities is particularly relevant and requires reform and improvement. Ukraine, as a country aspiring to join the European Union, should take into account the best foreign experience of the leading countries of the world in the field of state policy to support people with disabilities and its implementation. The process of reforming the national healthcare system demonstrated the ineffective policy in this area, the high level of corruption and the inability to transform this system to the level of world standards of medical care, especially for people with disabilities. The problem of disability in Ukraine is becoming particularly acute. The goal of this article is to investigate the system of economic means of state administration of the rights of people with disabilities to healthcare, to identify the areas of budgetary management and the formation of a new mechanism of economic administration. Scientific analysis was carried out by using the method of systematic approach and analysis, which enabled us to study theoretical aspects of economic methods of state administration of the right of people with disabilities to healthcare, formation of the budget management in Ukraine for the economic security of the rights to healthcare, and features of the new mechanism of the economic administration of the right of people with disabilities to health care. It has been researched that along with administrative methods of state management of the right to health protection of people with disabilities the economic group of methods is important. These include programs of economic development of health care, rehabilitation programs for people with disabilities, implementation of pilot projects to change the mechanism of financial support for operative treatment, etc. Methods of regulating influence (indirect management) are becoming increasingly important, and economical methods of management belong to them. Implementation ensures that the financial and material interests of the management objects are satisfied through the activities of its subjects, which create favorable conditions for achieving the goals and objectives of management. For example, local self-government bodies, within the limits of their competence, can finance local programs for the development and support of community healthcare institutions. In 2019, a new mechanism of rehabilitation support for children with disabilities was introduced based on the principle of "money follows the people", which should ensure targeting, transparency and improve the quality of rehabilitation services. Resources are divided vertically among regional bodies, which divide budgetary funds among local bodies in proportion to the number of children who require rehabilitation measures, according to the place of their residence (location). The national legislation also reflects the norms that created the conditions for the implementation of the right to work of people with disabilities, as well as ratified Convention on the Rights of Persons with Disabilities and the ILO Convention on professional rehabilitation. From the point of view of the Ministry of Healthcare of Ukraine, the funds allocated by the state are extremely insufficient for the uninterrupted functioning of the medical system. In its budget memorandum for 2021 the ministry has allocated twice as much – 296 billion UAH, 225 billion UAH of which for the implementation of the medical guarantee program (which is 5% of GDP, as required by the Law of Ukraine "On State Financial Guarantees of Medical Services to Population"). But the proposals of the Ministry of Health both at the time of formation of the state budget and at the time of its approval were not taken into account. The requirement of the Law of Ukraine "On State Financial Guarantees of Medical Services to the Population" for the establishment of financing of the program of medical guarantees at the level of 5% of GDP was lengthened for one more year.