Articles de revues : « European Union countries – Foreign economic relations – Law and legislation »

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Horoshko, Valentyna, Yehor Nazymko et Yurii Pavliutin. « CRIMINAL PROCEDURE LAW OF UKRAINE IN THE CONTEXT OF EUROPEAN INTEGRATION : PROBLEMATIC ECONOMIC AND LEGAL ISSUES, WAYS OF REFORMING ». Baltic Journal of Economic Studies 8, n^o 3 (30 septembre 2022) : 48–52. http://dx.doi.org/10.30525/2256-0742/2022-8-3-48-52.

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The subject of the study is the coverage of problematic issues and ways of reforming the criminal procedure legislation of Ukraine in the context of European integration. Methodology. The methodological basis of the study is a dialectical method of scientific knowledge, through the application of this method the legal, functional, organizational and procedural aspects of methodological approaches to the understanding of problematic issues are considered and the ways of reforming the criminal procedure legislation of Ukraine in the context of European integration are considered. The results of the article analyze the current criminal procedure legislation of Ukraine and the legislation of the countries of the European Union. When analyzing the French criminal procedure, two main features can be identified, which distinguish it from the Anglo-Saxon legal system and are criticized by experts from Great Britain and the United States. In France judges are vested with considerable powers. The first feature of French criminal procedure is the institution of preliminary interrogation of the accused by the presiding judge. The judge verifies the sufficiency of the evidence for a conviction. Conclusion. So, based on the above, it is possible to conclude that the Criminal Procedure Code of Ukraine was created in the spirit of democratic values, but some of its norms need to be reformed in order to improve the mechanism of protection of the rights, freedoms and legitimate interests of an individual. The practical experience of France, the Federal Republic of Germany and Great Britain is relevant. The shortcomings of the Criminal Procedure Code of Ukraine are highlighted. The prospects for their reform are outlined and amendments to the current legislation in the context of European integration are proposed. Prospects for further research: a) the study of the experience of individual foreign countries in the context of the improvement of criminal procedural norms; b) analysis of the possibility of harmonization of criminal procedural legislation of Ukraine with the norms of the European Union; c) development of an effective mechanism of relations between the subjects of criminal proceedings. The issue of the relevance and admissibility of evidence is also important. Articles 87-89 of the CPC of Ukraine establish the grounds and procedure for declaring evidence inadmissible. However, judicial practice shows a large number of criminal proceedings against public persons, which the court had to terminate due to the lack of evidence, due to the inadmissibility or improper nature of the evidence. The authors believe that the legislative regulation of the process of collecting evidence in the UK is a positive experience for Ukraine.

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Martirosyan, E. G. « Legal Regulation of the EU Common Agricultural Market ». Journal of Law and Administration 16, n^o 2 (26 juin 2020) : 89–97. http://dx.doi.org/10.24833/2073-8420-2020-2-55-89-97.

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Introduction. The article presents the analysis of legal regulation on the agricultural market of the European Union. The high growth of international economic integration, contributing to the intensification of interstate cooperation for the simplified movement of goods and services induces the harmonization of regulatory and legislative frameworks to develop uniform mechanisms of legal regulation. The diversification of agricultural exports should be considered as one of the highly promising, priority and sustainable trends of agricultural policy. EU law requirements must be taken into account by organizations engaged in foreign economic activities of food supplies. The article gives the updated analysis of the Eurasian Union regulatory framework in the sphere of agricultural products. Materials and methods. The methodological basis of the study comprises the universal dialectic method of scientific knowledge, general scientific methods (analysis, synthesis, analogy, induction, deduction, modeling, etc.), particular scientific (logical-legal method, comparative legal method of systemic analysis, etc.). Methods of content analysis of legal documentation, allowing to study key trends in the legal regulation and policies of the European Union in relation to the agricultural market were also used.The results of the study. The conducted analysis revealed that there is a confusing situation in the European Union legislation about the agricultural market. The exceptional attitude to agriculture in the European Union legislation was widely under-mined, which led to serious consequences not only for the interpretation of agricultural provisions in EU law, but also for the legal provisions about the agricultural market in other countries. The article also analyzes the changes in legislation that pave the way for a deeper understanding of agricultural law in the European Union after the reforms introduced by the Lisbon Treaty.Discussion and conclusion. Since 1974, the European Union has developed a wide range of legislative provisions related to agriculture. Pursuant to EU treaties, animals are recognized as living creatures, and therefore the EU and Member States must take due care of animal welfare requirements preparing and implementing policies in agriculture or on the domestic market. Currently, EU legislation on the welfare of farm animals contains specific provisions for the cultivation of poultry, calves and pigs, as well as to all types of agricultural machinery and livestock slaughter. Nevertheless, there are contradictions between the EU Member States stemming from the legal regulation of the common agricultural market in the European Union.The author concludes that the EU food law is comprehensive and aimed to provide consumers with safe and high-quality products, subject to timely and comprehensive information about possible risks. Taking into account the experience of the European Union in the development and correction the relevant legislative system will significantly increase the effectiveness of the measures to increase the export potential of domestic products.

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Bevzenko, Volodymyr, et Yurii Tsvirkun. « THE LAW OF PUBLIC CONSTRUCTION IN THE COUNTRIES OF THE EUROPEAN UNION : EXPERIENCE OF GERMANY AND ECONOMIC AND LEGAL DIMENSION OF ITS CREATION IN UKRAINE ». Baltic Journal of Economic Studies 8, n^o 5 (30 décembre 2022) : 70–76. http://dx.doi.org/10.30525/2256-0742/2022-8-5-70-76.

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The subject of the study. A new public administration system in Ukraine should be created through administrative reform. The existing system of public administration in Ukraine remains generally inefficient, with an eclectic mix of institutions inherited from the Soviet era and new institutions formed during Ukraine's independence. It is argued that the rapid development of modern social relations naturally causes and is conditioned by the continuous transformation and progress of various sectors of public and state life. Scientific and technological progress, informatization and updating of production methods cause an objective need to revise and adopt fundamentally new legislation, study and implement advanced forms of organization of social relations. It is clear that the construction industry is a component of the national economy, which requires meaningful legal regulation, does not stay away from modern social and state development. The complexity and significance of the construction industry, its multifaceted nature require, in particular, the study and implementation of perfect regulatory mechanisms developed by developed countries with highly developed economies, strong and perfect standards of functioning of the state apparatus, legislation. Methodology. The national construction legislation was reviewed in comparison with the experience of the Federal Republic of Germany. It is concluded that the review of the institutional architecture of the construction industry of the Federal Republic of Germany, the basic principles of the formation of German public construction law as a factor of the modern economy, its progressive forms and methods has been carried out. The content of this branch of public law, its impact on economic processes in the state, the formation and change of the main economic indicators are assessed. The conclusion is made about the objective connection between the state and development of national legislation, in particular construction legislation, and the degree of economic development of the state. The purpose of the study. By choosing the strategic path of institutional and fundamental reforms, Ukraine also implements the best legal and state experience of modern progressive states with developed democracy, state-building and law-making, developed economy. In the field of law and law-making, improvement of legal education and science the experience of the Federal Republic of Germany has proved its perfection, efficiency and progressiveness for Ukraine. German public construction law is not the only area that has become a model for domestic public law and legislation, in particular, it is worth mentioning the German experience of administrative procedure law and legislation, which was used in the adoption of the Code of Administrative Procedure of Ukraine, and administrative procedure law and legislation, which was the basis for the preparation of the Law of Ukraine "On Administrative Procedure". Thus, the time-tested and experienced German administrative and legal theory has become one of the prerequisites for the creation and development of national branches of public law, including the law of public construction. The economic and legal dimension of public construction law in Ukraine is that the construction industry is a productive sector of the economy, the efficiency and successful functioning of which depends on a simultaneous set of factors, including, in particular, the availability and completeness of national construction and administrative and procedural legislation, the development of the theory of public construction law, transparency and validity of the activities of administrative bodies in the field of construction. Conclusion of study. It is concluded that the new branch of national special administrative law – publicc construction law of Ukraine is manifested in three dimensions: the substantive dimension of national public construction law and the prerequisites for its formation and further development; European (foreign) experience of legal regulation of public construction; economic and legal dimension of its creation in Ukraine.

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Poljanec, Kristijan, et Tomislav Jakšić. « Safeguarding Croatian Strategic Industries Within the Scope of the EU Foreign Direct Investment Regime ». Central European Journal of Comparative Law 1, n^o 2 (9 décembre 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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YUROVSKA, Viktoriia, et Alina PYVOVAR. « Comparison of the labor code and the draft law "On labor" : employment contract ». Economics. Finances. Law 12, n^o - (27 décembre 2022) : 9–13. http://dx.doi.org/10.37634/efp.2022.12.2.

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The paper is devoted to the coverage of current changes and de-Sovietization of legislation in the field of labor, namely: a comparison of the legislative regulation of the employment contract in accordance with the Labor Code and the draft law "On Labor" published on the website of the Ministry of Economy. The author analyzed the provisions of the legislative regulation of legal relations arising between the employee and the employer: content, forms, conditions, grounds for termination and suspension of employment contracts, and comparison of existing and proposed rules. It is emphasized that the intensive development of labor relations and European integration "require" a clear, flexible, and understandable legislative regulation of labor relations, in particular in terms of proper social protection of workers, ensuring wages and labor rights of the latter at a decent, European level, in accordance with the conventions of the International Labor Organization, and the importance of labor unions. The works of legal scholars in the field of labor law, who spoke on this topic, were used and analyzed. The experience of other European countries, their path as a candidate country, legislative regulation of the labor sphere and foreign research on the labor market, as well as statistics of domestic institutions for the period 2021-2022, were used. Attention is drawn to the importance of social dialogue between employers, employees and trade unions. The conclusion is made about the need to finalize the draft law, which should meet the latest needs of modernity, the vector of the post-war development of Ukraine, its socio-economic doctrine, legislative acts of Ukraine, Conventions of the International Labor Organization and Directives of the European Commission, and the need for a new Labor Code, not the Law of Ukraine "On Labor".

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Марку, Жерар, et Zherar Marku. « THE LAW AND LAW-MAKING IN FRANCE ». Journal of Foreign Legislation and Comparative Law 1, n^o 4 (29 octobre 2015) : 0. http://dx.doi.org/10.12737/14262.

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The article deals with the relation of the law and departmental law-making in France according on three types: the unity, “spreading”, the openness of the law-making process. The first view of the law-making in France is the unity in the framework of which the question of ensuring the unity of the European Union is developed. Particular attention is paid to the government’s management of the legislative process, the government authority to issue by-laws, the procedure of drafting legislation and decrees of general importance. The second type of realization of law-making in France — outside the Government activity law-making — “spreading”. The impact on the performance of law-making is revealed, new sources of law-making such as acts of European Union are marked, independent state bodies, local self-government. Particular attention is paid to such new phenomena as the legal normativity soft law (“soft law”, “droit souple”). Regarding the third kind of the law-making — the openness — it is noted that the process of law-making is not limited to the relationship between the Government and the Parliament, and all sectors of society and interest groups are involved in that process. It is noted that the amendment to the Constitution, adopted in 2008, resulted in a significant reform of the legislative production. When writing this article except for general scientific research methods (analysis and synthesis), the author has used the formal-logical, theoretical, systematic legal, historical and comparative law. Scientific novelty of the work lies in the comprehensive and systematic approach to the study of the relation of the law and guided-governmental lawmaking in France, which is conducted in three species. Analysis of the development of the main types of law-making in France and law inforcement practice at the present stage is of great scientific and practical importance. The research results can be taken into account in the development of proposals for the implementation in the Russian Federation of new approaches in law-making, adequate to modern socio — economic development of the country, relevant to the international-legal standards and the experience of foreign countries.

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Kharitonova, Julia S., et Larisa V. Sannikova. « DIGITAL FINANCIAL TOOLS FOR SOCIALIZING PRIVATE LAW ». Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, n^o 39 (2021) : 208–24. http://dx.doi.org/10.17223/22253513/39/16.

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Nowadays, the law is being transformed as a regulator of relations. The idea of strengthe-ning the regulatory role of technologies in the field of streamlining public relations is making much headway in the world. This trend is most pronounced in the area of regulation of private relations. The way of such access to the market as crowdfunding is becoming increasingly widespread. The issuing of the so-called secured tokens is becoming popular for both small businesses and private investors. The trust in new ways of attracting investments is condi-tioned by the applied technology - the use of blockchain as a decentralized transparent data-base management system. Under these conditions, there is such a phenomenon as the democ-ratization of property relations. Every individual receives unlimited opportunities to invest via technologies. Thus, legal scholars all over the world face the question about the role of the law and law in these relations? We believe that we are dealing with such a worldwide trend of regulating public relations as the socialization of the law. Specific examples of issuing tokens in Russia and abroad show the main global trends in the transformation of private law. The platformization of economics leads to the tokenization and democratization of property relations. In this aspect, the aim of lawyers should be to create a comfortable legal environment for the implementation of projects aimed at democratizing property relations in Russia. The socialization of private law is aimed at achieving social jus-tice and is manifested in the creation of mechanisms to protect the rights of the weak party and rules to protect private investors. Globalization requires the study of both Russian and foreign law. To confirm their hypothesis, the authors conducted a detailed analysis of the legislation of Russia, Europe and the United States to identify the norms allowing to see the process of socialization of law in the above field. The generalization of Russian and foreign experience showed that when searching for proper legal regulation, the states elect one of the policies. In some countries, direct regulation of ICOs and related emission relations are being created, in others, it is about the extension of the existing legislation to a new changing tokenization relationship. The European Union countries are seeking to develop common rules to create a regulatory environment to attract investors to the crypto industry and protect them. Asian countries are predominantly developing national legislation in isolation from one another, but most of them are following a unified course to encourage investment in crypto assets while introducing strict rules against fraud on financial markets. The emphasis on the protection of the rights of investors or shareholders, token holders by setting a framework, including private law mechanisms, can be called common to all approaches. This is the aim of private law on the way to social justice.

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Predmestnikov, Oleh, et Vitaliy Gumenyuk. « HARMONIZATION OF ECONOMIC AND LEGAL MECHANISMS FOR DEEPENING EU-UKRAINIAN RELATIONS ». Baltic Journal of Economic Studies 5, n^o 1 (22 mars 2019) : 174. http://dx.doi.org/10.30525/2256-0742/2019-5-1-174-181.

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The policy of Ukraine for the establishment and development of relations with the European Union began in 1993, was carried out all the years of Ukraine’s existence, and received intensive deepening with the beginning of the formation of an international treaty – the Association Agreement, which includes a list of legal, social, economic, and technical regulations, and Deep and Comprehensive Free Trade Area (DCFTA), in 2014 and its final signing in 2017. Political and economic objectives of the Agreement are of fundamental importance to the future of both Ukraine and the whole European region. The political goal is to implement European standards on the territory of Ukraine. This implies the introduction of fundamental European values, namely democracy, rule of law, respect for human rights and the standards of the European security system. The Agreement does not foresee membership in the European Union, however, does not exclude such an opportunity in the future. The economic goal is to help to modernize the Ukrainian economy by expanding trade volumes with the EU and other countries, as well as reforming economic regulation mechanisms in line with the best European practices. Subject to the improvement of the business climate, Ukraine will become attractive for foreign and domestic investment for further production for export to the EU and other markets of the world. Harmonization of standards and European regulations has become a much more important process than the fulfilment of strictly technical requirements and underlies the introduction of effective governance without corruption. In the process of harmonization of interaction, an adaptive institutional mechanism was formed (the highest level – annual Summits; the key coordinator is the Association Council, consisting of members of the Council of the European Union and members of the European Commission, and members of the Cabinet of Ministers of Ukraine; the level of operational coordination – the Association Parliamentary Committee, which includes members of the European Parliament, representatives of the Verkhovna Rada of Ukraine, and the Civil Society Platform; in order to coordinate processes on the territory of Ukraine, the Ukrainian government has introduced a few supervisory committees and commissions). The harmonization of the economic aspect of the mechanism has been determined in solving issues of openness of markets for duty-free import from Ukraine in April 2014, obtaining a visa-free regime with the EU, abolishing export-import tariffs, implementing European technical standards for food safety, phytosanitary norms, competition policy, service provision, and public procurement policy. The issues of further deepening of relations include a review of the terms for the introduction of regulations and legislative provisions before their actual implementation, stabilization of financial and economic processes in the country, and further development of democratic values and social institutions.

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Romanovich Kovalyshyn, Oleksandr. « On Some Problems of Commercial Law in Ukraine ». Societas et Iurisprudentia 9, n^o 2 (juillet 2021) : 72–85. http://dx.doi.org/10.31262/1339-5467/2021/9/2/72-85.

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The paper is devoted to the disclosure of certain aspects of recodification in Ukraine, some existing problems of the Ukrainian commercial law as well as the conflict of norms between the Commercial Code of Ukraine and the Civil Code of Ukraine. In year 2020, the Concept of Civil Legislation Reform was adopted in Ukraine. The Concept of Civil Legislation Reform states that the systematic renewal of the Civil Code of Ukraine as a whole is possible only if the Commercial Code of Ukraine is repealed because the latter does not meet the parameters of the acts governing business relations which, by their nature, are primarily private. The presented study explains the current problems of the Ukrainian commercial law as well as civil law regulation of business relations for both: 1) the foreign scholars dealing with the civil law and commercial law; 2) the foreign investors (including investors from the European Union countries) who are already conducting economic activities in Ukraine or plan to invest in the Ukrainian economy. Special attention is given to such issues like the types of ownership, penalties for obligations, differences in legal capacity, difference of approaches to the system of legal entities, existence of some archaic legal forms of entrepreneurial activity, etc. The author emphasizes that undoubtedly the Commercial Code of Ukraine as well as the Civil Code of Ukraine need some updating. There is an urgent need to systematize the existing organizational and legal forms of legal entities and to renew the basics of civil law regulation in Ukraine. It is explained in the paper, while in most neighbouring jurisdictions steps are being taken to systematic update of the commercial codes (including expanding the scope of their legal regulations), in Ukraine steps are being taken to eliminate the commercial code. This seems completely unacceptable; it harms the legal regulation of business relations in Ukraine significantly and slows down the progressive development of the Ukraine’s economy. The analysis of the commercial codes abroad shows that there is no single approach to the list of legal constructions that should form the basis of the relevant code. All, without exception, codified acts of this type are characterized by the presence of special institutions that, from the point of foreign lawyer’s view or current trends in private law, may seem do not meet certain standards.

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Stepanov, Oleg, et Denis Pechegin. « Legal View on the Introduction of New Technologies ». Russian Law Journal 6, n^o 3 (30 août 2018) : 149–71. http://dx.doi.org/10.17589/2309-8678-2018-6-3-149-171.

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According to the Concept of Long-Term Social and Economic Development of the Russian Federation for the period up to 2020, in the next few years the imbalance in world trade, as well as capital flows, will continue to increase, which will lead to changes in foreign exchange rates. That is why the final goal is to promote priority national interests in the framework of bilateral and multilateral trade and economic relations with foreign countries. In pursuit of this goal, the following improvement of customs regulation, and export and currency control mechanisms in the Russian Federation will be aimed at reducing barriers to foreign economic activity of innovative enterprises. Achievement of the set goals today is subject to the influence of a constantly changing world and new technologies. New technologies are increasingly penetrating the life of modern society. Meanwhile, the speed of introduction of new technologies is such that point changes in current legislation will gradually nullify the effectiveness of legal regulation as a system. Therefore, the changes today should concern not only the monetary and financial sphere, but also take into account other areas. The article is devoted to the study of crucial problems of implementing modern technologies from the legal point of view. Thus, at the international level, uncertainty still remains over issues of currency and legal responsibility, which is largely due to various legal regulations. Starting in 2018, the new rules for calculating the liquidity of banks and the ratio of borrowed funds to assets will come into full force in the European Union. Several large banks in France, dissatisfied with the policy of the European Central Bank (ECB), even appealed to the European Court of Justice for a change in the rules. According to FxPro analysts’ reports, economic growth in Europe has accelerated slightly, and the ECB is on the verge of abandoning its ultra-easy monetary policy in the direction of neutral and is preparing for further tightening. One of the subjects of the research is the system of monetary relations from the point of view of analyzing the problems of ensuring its stability, including criminal and legal means. The purpose of this analysis is to illustrate how to protect the domestic foreign exchange market and the challenges facing the monetary system today. The article has been prepared on the basis of legal and technical analysis of legal norms, as well as comparative legal and formal logical methods and system analysis methodology. In the authors’ view, this could contribute to a uniform approach to the problem, without which it would be extremely difficult to achieve success. It is concluded that in view of new challenges facing the global economy and the emergence of cryptocurrency, it is necessary to rethink the phenomenon of currency crimes, to study the experience of combating monetary crimes in other countries and to evaluate the common mechanisms for combating currency crimes. However, this approach cannot be considered legitimate insofar as different interpretation of the same term in different branches of legislation does not allow full realization of the constitutional rights and freedoms of citizens. After all, branches of legislation do not exist in isolation from one another, but are interrelated. It is concluded that the person conducting proceedings in a case can and is obliged, based on an analysis of the circumstances under consideration, to proceed from a comprehensive assessment of the category used in making the decision as applied to its understanding in aggregate in various branches of legislation. It is also necessary to create a universal state database for judges, prosecutors, investigators, etc., which would allow free cross-sectoral information exchange on the same subject. The new digital economy also requires retraining of civil servants and state employees, including the judiciary branch of government. At the same time, the article deals with the transformation of the legal profession in the future. It is concluded that classical legal education will not sink into oblivion. However, the lawyers of the future will play a slightly different role, namely, they will act as machinists, builders, operators and inventors of a useful model of legal relations for robot judges.

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Shulga, Mykhaylo, et Marko Yurkov. « Transformación de las relaciones territoriales en Ucrania a las condiciones del mercado ». Precedente. Revista Jurídica 22 (25 septembre 2022) : 97–114. http://dx.doi.org/10.18046/prec.v22.5487.

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Land ownership issues are especially important due to the historical experience of land nationalization of Ukrainian peasants. The sphere of land relations in Ukraine has undergone a process of constant reform since the country’s independence. At the present stage, the abolition of the moratorium on the transfer of ownership of agricultural land is historic for Ukrainian citizens. In consequence, the clarity and transparency of legal procedures for the transfer of land ownership to citizens of Ukraine become particularly relevant. In connection with the European vector of Ukraine’s development and gradual economic integration with the European Union countries that have experience in the agricultural land market, it is important to find an appropriate legal model for regulating the circulation of agricultural land in Ukraine, using the experience of the European Union. Land lease relations, as a main means of using agricultural lands for a long time in Ukraine, are considered in the article. The adopted Law of Ukraine “On amendments to some legislative acts of Ukraine concerning the circulation of agricultural lands” is analyzed. According to its provisions, the moratorium on the sale of agricultural land was finally canceled, which allowed landowners to freely dispose of their property. In the article, it is also proved that the main prospects for the development and functioning of the land market in Ukraine are: 1) foreign investment in Ukraine, 2) the possibility of free disposal of agricultural land plots, 3) attracting additional resources for local communities, 4) stimulating the agricultural sector, 5) increasing the efficiency of production on land.

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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, n^o 3 (28 septembre 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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Steblianko, A. V., et D. A. Riepin. « Cryptocurrency as a modern phenomenon : advantages, disadvantages, problems of legal regulation ». Legal horizons, n^o 26 (2021) : 97–101. http://dx.doi.org/10.21272/legalhorizons.2021.i26.p97.

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The article is devoted to the study of cryptocurrency as a new means of payment, which is relevant both in Ukraine and abroad. The urgency of the problem described in the article is due to the accelerated scientific and technological progress and global computerization of society, where modern technologies contribute to the emergence and development of new mechanisms of the economy, in particular, relations using non-cash payments. The main features of cryptocurrency are considered and argued in the form of its advantages: availability, speed, decentralization, security, and disadvantages: unreliability, distrust of users, inability to cancel transactions, use to commit illegal acts. The features that are controversial in modern conditions are anonymity and transnationality. The main problems of cryptocurrency and its legal regulation are generalized. Emphasis is placed on the practice of regulating the cryptocurrency market in the European Union, as well as on the legislation of the Republic of Estonia in the field of virtual assets. The legal status of cryptocurrency in Ukraine is considered, which is an urgent problem on the way to its legalization both in the legislative and technical plan. Attempts to legally regulate a new type of currency are analyzed. Bills and acts of the National Bank of Ukraine in the field of cryptocurrency circulation are described. Gaps in the current legislation, in particular in the Law of Ukraine "On Prevention of Corruption", were identified, and ways to solve such problems were suggested. It is concluded that it is necessary to develop and create effective legislation in the field of regulation and control of cryptocurrency circulation not only at the national but also at the international level, because otherwise there is a threat to economic and financial life of the state and society and other problems for the international community. in the form of criminal acts with cryptocurrency, because today in Ukraine there is no effective legislation on the circulation of cryptocurrency, and the number of problems with the use of digital currency is growing every day, so it is worth paying attention to such components as the Internet and virtual assets, as in the leading countries of the world this direction is important in domestic and foreign policy.

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Kherkhadze, Alim. « THE ROLE OF FORING DIRECT INVESTMENTS IN THE ECONOMY AND THEIR STIMULATION MECHANISM ». Economic Profile 17, n^o 2(24) (25 décembre 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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Kuryndin, A. V., A. S. Shapovalov, N. B. Timofeev et A. L. Vernik. « On the Regulation of Liquid and Airborne Radioactive Discharges of the Industrial Enterprises that do not Use Atomic Energy ». Occupational Safety in Industry, n^o 1 (janvier 2021) : 88–93. http://dx.doi.org/10.24000/0409-2961-2021-1-88-93.

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In accordance with the legislative framework of the system for regulating liquid and airborne discharges of radioactive substances into the environment in force in the Russian Federation, this system is equally designed to regulate discharges of the radionuclides of both artificial and natural origin. The mechanisms of radiological impact of the discharges of natural origin radionuclides on the environment and population do not have any specificity in comparison with the ones of artificial origin radionuclides. Nevertheless, to date, the law enforcement of the Russian system for regulating discharges of the radioactive substances is applied only in relation to the discharges of the radionuclides of artificial origin carried out by nuclear facilities. At the same time, regulation of the discharges of natural origin radionuclides, in accordance with the safety standards of the International Atomic Energy Agency, is the best practice in the field of environmental protection, and the levels of radiation exposure, which characterize such discharges, are not low enough to be neglected. Regulation of the discharges of natural origin radionuclides is provided for in the norms of the European Union and is practically applied in the number of countries of the European Union, where the legislation provides for the regulation of activities, in which the raw materials containing radionuclides of natural origin are used, and the types of economic and other activities subject to this regulation are determined. The Russian system of regulation of discharges of the radioactive substances into the environment is built on the same basic principles and criteria that underlie foreign regulation systems, and which are recommended by the International Atomic Energy Agency. The regulatory and methodological base formed to date in the Russian Federation contains all the required legal mechanisms for the regulation of discharges of the radioactive substances from nuclear facilities, is based on the best international practices and fully complies with the standards of the International Atomic Energy Agency.

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Kitsak, Taras, et Andrii-Vitalii Klym. « Implementation of the customs policy of Ukraine amid improvement of its regulatory and legal support ». Democratic governance 30, n^o 2 (31 décembre 2022) : 131–43. http://dx.doi.org/10.23939/dg2022.02.131.

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Statement of the problem. The current stage of Ukrainian society development requires introduction of absolutely new approaches to ensuring the national security of the country. To enable the adequate response to the challenges in today’s life, it is necessary to re-assess the approaches to the customs policy and improvement of its regulatory and legal support, to guarantee efficient governmental regulation of the customs procedures and further European integration of Ukraine. Currently, administration in the area of customs policy is underdeveloped and requires updates to be in line with the realities of our time as well as the standards and regulations of the European Union. In particular, the public administration system in Ukraine does not meet the needs of the country in terms of the comprehensive reformation in various areas of the governmental policy and the European standards. Hence, it is necessary to outline and study the challenges existing in the area of customs policy and its regulatory and legal support, as well as identify the ways to address this issue. Analysis of the latest researches and publications. The customs policy implementation challenges have been researched by many scientists studying this multifaceted issue. It is worth mentioning the works of M. Bilukha, O. Hodovanets, T. Ye- fymenko, I. Kveliashvili [3], L. Kyida, O. Kolomoiets [5], V. Martyniuk, T. Mykytenko, Mosiakina, V. Pashko, V. Khomutynnik, N. Shevchenko and many others. They convey the nature and specifics of the customs policy of Ukraine and management of the same, determine the role of the customs in the system of public authorities, detail the special aspects of customs control. Addressing the previously untouched points of the general problem. The subject of the research is the in-depth study of Ukraine’s customs policy implementation amid improvement of its regulatory and legal support, with due regards to the European integration ambitions of Ukraine. Presentation of the basic research material. The customs policy of Ukraine is both complex and comprehensive, being one of the key components in the system of public administration of the foreign economic activity. It features clearly definedinstitutional support, customs policy implementation methods, mechanisms and directions. Generally, customs policy should be reviewed both as a narrow and a broad phenomenon. In the first case, it is characterized by the subjects of its implementation, and in the second one, the national economic interests. These approaches to interpretation of the nature of the specified category are equivalent. The customs policy is most powerful if it is implemented in the context of efficient governmental control of all the social processes. The legal regulation aimed at governing the external economic relations, defending the interests of the domestic manufacturers, coordinating and regulating the external trade structure, and generally strengthening the country’s economic securityplays a huge role. In addition, it is important to dwell on the customs control because it ensures efficiency and effectiveness of the customs transactions in the researched area. Adoption of the Law of Ukraine «On customs control of Ukraine» is the way to systematize the legal regulations in the area of customs policy and bring them in line with the international norms and standards. Misalignment of the legal regulations governing customs control and various areas of its implementation is one of the key obstacles on the way to efficient customs clearanceprocedures in our time. Another big challenge in the area of customs policy is incongruity between the Ukrainian legal regulatory basis and the key provisions of the European legislation. Considering importance of maintaining the European integration ties for Ukraine, the legislative basis of the country has to be greatly unified and brought in line with the European Union standards. Implementation of the customs policy of Ukraine amid improvement of its regulatory and legal support has to be based on unification of the customs legislation owing toupdate of the separateprovisions of the regulatory framework; execution of the governmental operations in the area of customs policy within the competence of the State Customs Service of Ukraine; facilitation of joint activity underway fulfillment of the international agreements; supervision over customs authority employees’ strict abidance by the laws of Ukraine in conformity with the relevant law enforcement activity and the national security of the country; introduction of the legislative support procedures on the joint borders with the European countries and implementation of the same amid stabilization and maintenance of the efficient interstate relations of the parties. Conclusions. As an essential component of the country’s economic policy, customs policy requires a thorough study in terms of the particular relations in the customs area. Ultimately, it is important to focus on the regulatory and legal support and improvement of the same, which is gaining weight amid the European integration goals of Ukraine. Apart from the above, it is necessary to address the challenges in the customs control area and substantiate adoption of the special Law of Ukraine “On customs control of Ukraine.” Unification of the regulatory and legal support in the customs clearance area will not only improve the work of the public authorities in the customs control area, but also speed up the European integration processes that have already started in Ukraine and have become objective and irreversible.

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Derzhaliuk, M. « Results of Parliamentary Elections in Hungary on April 3, 2022 and Prospects of Ukrainian-Hungarian Relations (Part 1) ». Problems of World History, n^o 18 (8 novembre 2022) : 144–86. http://dx.doi.org/10.46869/2707-6776-2022-18-7.

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The article is dedicated to the elections to the State Assembly of Hungary on April 3, 2022, which ended with the victory and acquisition of a constitutional majority by the now ruling coalition of Fidesz-Hungarian Civil Union and the Christian Democratic People’s Party (KDNP) - (Fidesz–KDNP). It analyzes its electoral platform “War or Peace”, the center of which was the attitude to the Russian-Ukrainian war. It is indicated that this war divided the political forces of Hungary into two camps – supporters of neutrality (peace) or supporters of Ukraine (war). The ruling coalition advocated neutrality, non-intervention in the war, which guaranteed the preservation of peace and tranquility for the citizens of Hungary. All the opposition forces showed support for Ukraine against Russia. The authorities accused the latter of the fact that their pro-Ukrainian and anti-Putin activities posed a danger and threatened the spread of the war to the territory of Hungary. It is emphasized that thanks to this position, Fidesz–KDNP won a convincing victory in Hungary as a whole and especially among the Hungarian communities abroad, while the six-party opposition bloc, although it won convincingly in 17 of Budapest’s 18 districts, suffered a significant defeat in the country as a whole. The main reasons for the unexpected victory of the ruling coalition Fidesz - HDNP in these elections are highlighted. Among them: the coalition flexibly combined centrist and center-right values, synthesized them and rose above narrow party interests, turning into a broad popular front of the Hungarian nation. It is also noted that during the 12-year remaining stay in power in the country, transformations were completed, namely, a new Basic Law (constitution) was adopted, relevant legislation was formed, and a national democratic model of political and economic power was introduced according both to the state and EU standards that complies with state and EU standards. The internal policy was aimed at the development of traditional branches of the economy and the formation of modern forms of management. Relatively high economic development of the country was ensured thanks to by the effective use of foreign investments, international markets, which are far from being limited to EU countries. Hungary develops close cooperation with countries of all regions, if its national interests are ensured. Great attention is paid to the support and protection of Hungarian communities living in countries neighboring Hungary (Romania, Slovakia, Serbia, Ukraine). At the legislative level, the status of Hungarians abroad is almost equal to that of Hungarians in the country itself. The policy of national unity, the recognition of Hungarians, regardless of their residency country of residence, as members of a united single Hungarian nation, gained general approval. The concentration of domestic and foreign policy on the priority of Hungarian interests helped Fidesz to turn into an authoritative and reliable political force of the country, which, using civilized methods, fights for the future of Hungary, the comprehensive development of its people, the preservation of the identity of Hungarian communities abroad, the prevention of assimilation, mass emigration and the restriction of their rights along national lines. In addition, the ruling coalition managed to form a reliable financial, personnel, and media potential, to significantly expand the electoral field of its activities, which no opposition political force is able to compete with, especially during the elections to the State Assembly. The qualitative composition of the new parliament was analyzed. The progress of the election of the new President of Hungary on March 9, the speaker of the newly elected parliament, his deputies and heads of parliamentary factions on May 2, and finally the Prime Minister of Hungary on May 16 and the approval of the country’s new government headed by Viktor Orbán on May 24, is highlighted. Great attention is paid to the formation of Hungarian-Ukrainian relations. The analysis of political processes during the election campaign and in the first months after the end of the elections, in particular the attitude of Budapest to the aggression of the Russian Federation against Ukraine, to the formation of Hungarian-Ukrainian relations, allowed us to draw conclusions that the priorities of the international activities of the ruling coalition of Hungary will remain unchanged: serving the interests of the Hungarian nation on in all territories of its residence, in particular support, protection and assistance to Hungarian national communities in Romania, Slovakia, Serbia and Ukraine. The results of the parliamentary elections in Hungary on April 3, 2022 confirmed that these principles are unchanged and continue to be binding in the activities of the Hungarian government institutions. It is emphasized that the level of development of Hungary's bilateral relations with neighboring states will depend on ensuring the Hungarian foreign communities interests how the interests of the Hungarian foreign communities will be ensured (granting dual citizenship, autonomy status for the community, creating conditions for cultural and educational development based on in the national language and traditions). Hungarian-Ukrainian relations will be in the same condition state. Hungary supports the territorial integrity of Ukraine, its European choice, condemns Russian aggression, supports the EU’s sanctions policy against the Russian Federation, and provided shelter for 800,000 refugees from Ukraine. More than 100,000 people from Ukraine stay are in Hungary illegally. Since July 19, Hungary has allowed the transit of weapons from other countries through its territory to Ukraine. Yet But it continues to maintain neutrality in the Russian-Ukrainian war, supports EU energy sanctions against the Russian Federation in such a way that it does not harm its economic interests. At the same time, it does not agree to the application of certain legal provisions on education the procedure for using the Ukrainian language as the official language on the territory of Ukraine, that came into force in 2017 and 2019 to the Hungarian community of Transcarpathia of a number of provisions of the laws on education and the procedure for using the Ukrainian language as the official language on the territory of Ukraine, which came into force in 2017 and 2019. It is emphasized that the settlement of cultural and educational issues of the Hungarian community of Transcarpathia should become a priority task for both countries.

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Derzhaliuk, M. « Results of Parliamentary Elections in Hungary on April 3, 2022 and Prospects of Ukrainian-Hungarian Relations (Part 2) ». Problems of World History, n^o 19 (27 octobre 2022) : 143–75. http://dx.doi.org/10.46869/10.46869/2707-6776-2022-19-9.

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The article is dedicated to the elections to the State Assembly of Hungary on April 3, 2022, which ended with the victory and acquisition of a constitutional majority by the now ruling coalition of Fidesz-Hungarian Civil Union and the Christian Democratic People’s Party (KDNP) - (Fidesz–KDNP). It analyzes its electoral platform “War or Peace”, the center of which was the attitude to the Russian-Ukrainian war. It is indicated that this war divided the political forces of Hungary into two camps – supporters of neutrality (peace) or supporters of Ukraine (war). The ruling coalition advocated neutrality, non-intervention in the war, which guaranteed the preservation of peace and tranquility for the citizens of Hungary. All the opposition forces showed support for Ukraine against Russia. The authorities accused the latter of the fact that their pro-Ukrainian and anti-Putin activities posed a danger and threatened the spread of the war to the territory of Hungary. It is emphasized that thanks to this position, Fidesz–KDNP won a convincing victory in Hungary as a whole and especially among the Hungarian communities abroad, while the six-party opposition bloc, although it won convincingly in 17 of Budapest’s 18 districts, suffered a significant defeat in the country as a whole. The main reasons for the unexpected victory of the ruling coalition Fidesz - HDNP in these elections are highlighted. Among them: the coalition flexibly combined centrist and center-right values, synthesized them and rose above narrow party interests, turning into a broad popular front of the Hungarian nation. It is also noted that during the 12-year remaining stay in power in the country, transformations were completed, namely, a new Basic Law (constitution) was adopted, relevant legislation was formed, and a national democratic model of political and economic power was introduced according both to the state and EU standards that complies with state and EU standards. The internal policy was aimed at the development of traditional branches of the economy and the formation of modern forms of management. Relatively high economic development of the country was ensured thanks to by the effective use of foreign investments, international markets, which are far from being limited to EU countries. Hungary develops close cooperation with countries of all regions, if its national interests are ensured. Great attention is paid to the support and protection of Hungarian communities living in countries neighboring Hungary (Romania, Slovakia, Serbia, Ukraine). At the legislative level, the status of Hungarians abroad is almost equal to that of Hungarians in the country itself. The policy of national unity, the recognition of Hungarians, regardless of their residency country of residence, as members of a united single Hungarian nation, gained general approval. The concentration of domestic and foreign policy on the priority of Hungarian interests helped Fidesz to turn into an authoritative and reliable political force of the country, which, using civilized methods, fights for the future of Hungary, the comprehensive development of its people, the preservation of the identity of Hungarian communities abroad, the prevention of assimilation, mass emigration and the restriction of their rights along national lines. In addition, the ruling coalition managed to form a reliable financial, personnel, and media potential, to significantly expand the electoral field of its activities, which no opposition political force is able to compete with, especially during the elections to the State Assembly. The qualitative composition of the new parliament was analyzed. The progress of the election of the new President of Hungary on March 9, the speaker of the newly elected parliament, his deputies and heads of parliamentary factions on May 2, and finally the Prime Minister of Hungary on May 16 and the approval of the country’s new government headed by Viktor Orbán on May 24, is highlighted. Great attention is paid to the formation of Hungarian-Ukrainian relations. The analysis of political processes during the election campaign and in the first months after the end of the elections, in particular the attitude of Budapest to the aggression of the Russian Federation against Ukraine, to the formation of Hungarian-Ukrainian relations, allowed us to draw conclusions that the priorities of the international activities of the ruling coalition of Hungary will remain unchanged: serving the interests of the Hungarian nation on in all territories of its residence, in particular support, protection and assistance to Hungarian national communities in Romania, Slovakia, Serbia and Ukraine. The results of the parliamentary elections in Hungary on April 3, 2022 confirmed that these principles are unchanged and continue to be binding in the activities of the Hungarian government institutions. It is emphasized that the level of development of Hungary's bilateral relations with neighboring states will depend on ensuring the Hungarian foreign communities interests how the interests of the Hungarian foreign communities will be ensured (granting dual citizenship, autonomy status for the community, creating conditions for cultural and educational development based on in the national language and traditions). Hungarian-Ukrainian relations will be in the same condition state. Hungary supports the territorial integrity of Ukraine, its European choice, condemns Russian aggression, supports the EU’s sanctions policy against the Russian Federation, and provided shelter for 800,000 refugees from Ukraine. More than 100,000 people from Ukraine stay are in Hungary illegally. Since July 19, Hungary has allowed the transit of weapons from other countries through its territory to Ukraine. Yet But it continues to maintain neutrality in the Russian-Ukrainian war, supports EU energy sanctions against the Russian Federation in such a way that it does not harm its economic interests. At the same time, it does not agree to the application of certain legal provisions on education the procedure for using the Ukrainian language as the official language on the territory of Ukraine, that came into force in 2017 and 2019 to the Hungarian community of Transcarpathia of a number of provisions of the laws on education and the procedure for using the Ukrainian language as the official language on the territory of Ukraine, which came into force in 2017 and 2019. It is emphasized that the settlement of cultural and educational issues of the Hungarian community of Transcarpathia should become a priority task for both countries.

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Okuyucu-Ergün, Güne. « Anti-Corruption Legislation In Turkish Law ». German Law Journal 8, n^o 9 (1 septembre 2007) : 903–14. http://dx.doi.org/10.1017/s2071832200006040.

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Corruption poses an increasingly serious threat against Turkey as well as the rest of the world in many respects. The fight against corruption is crucial, in particular, to achieve an economic and political stability, to attract foreign investors and to establish the rule of law. In addition to those interests, which are common for almost all countries, anti-corruption has a particular importance for Turkey in the achievement of its goal of becoming a European Union member, since anti-corruption is expected to feature prominently in Turkey's talks on European Union accession.

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MARTSENYUK-ROZARYONOVА, Olena. « CURRENT STATE AND PROBLEM ASPECTS OF SUSTAINABLE DEVELOPMENT IN INSURANCE MARKET IN GLOBALIZATION CONDITIONS ». "EСONOMY. FINANСES. MANAGEMENT : Topical issues of science and practical activity", n^o 4 (44) (avril 2019) : 61–68. http://dx.doi.org/10.37128/2411-4413-2019-4-7.

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In modern conditions, the functioning of the world financial insurance system is an objectively necessary attribute of a market economy and provides reliable guarantees for the restoration of violated property rights and interests in cases of losses caused by fire, natural disasters, man-made accidents, transport accidents and other unpredictable cases. Due to the mechanism of insurance protection for all market actors, equal rights are created, there is the possibility to benefit, there is a desire to take risks, incentives for increasing labor productivity, technical upgrading of production capacities, and investment in business development are provided. At the same time, insurance not only prevents the state from the cost of damages in the event of occurrence of insurance events, but also significantly affects the consolidation of state finances and is an effective form of accumulation of citizens' funds and a significant and stable source of long-term investment. The insurance market, which has a significant impact on the socio-economic stability of society, is one of the factors that directly determines the level of economic security of the country. The intensive globalization of the world insurance market requires from the national insurance markets adaptation to the new regime of international trade in insurance services, which is determined by the processes of liberalization of insurance supervision and state regulation of insurance markets. Today, an important task is to assess the causes, forms and trends of globalization of the insurance environment, which will allow optimally to form the direction of development of the insurance market in Ukraine. The globalization of insurance relations is a process of eradicating legislative and economic barriers between national insurance markets, which is under the influence of changes in the global economy, and aims to form a global insurance space. This phenomenon is eloquent in the following processes: the concentration of insurance and reinsurance capital; merging of bank and insurance capital; concentration on the market of insurance intermediaries; concentration of consumers of insurance services; change in demand for "mass" insurance services, increased participation of insurers in pension insurance; expanding the scope of private commercial insurance; changes in traditional forms and types of insurance services that lead to a combination of insurance and financial services; change of the market environment in the conditions of full computerization of consumers of insurance services. Ukraine's insurance market is at the stage of formation, gradually adapting to the requirements of European and world markets. We have many gaps in insurance activity, but we are actively trying to eliminate them. For this purpose, the Ukrainian insurance market must be connected to foreign insurance experience and change its own operating models. One such option is Ukraine's cooperation in insurance with the countries of the European Union. Thus, today the insurance market of Ukraine is at the development stage and has certain advantages and a significant number of shortcomings: the growth rate of the insurance market lags behind the growth rate of the economy, and its share in the GDP of the country is insignificant. But the Ukrainian insurance market has a great potential for development. In our opinion, the implementation of the above recommendations should strengthen the financial potential of the Ukrainian insurance market. The formation of a developed market of insurance services in Ukraine will provide favorable conditions for market transformation and stable development of the national economy, development of the world economy and international relations. In view of the preservation of the difficult situation in the economy, the volatility of the operating environment, as well as unresolved issues in the East of the country, one can expect the pressure on the insurance market to be maintained in the near future. This can be manifested as a further reduction in solvent demand for individual insurance services by domestic consumers (both the population and companies), as well as reducing the liquidity and profitability of the insurers themselves. Since the limits of globalization are unrealistic, the only right option in these circumstances is to develop new approaches to regulating processes in the national insurance market and to form effective models of insurance relations management in Ukraine. In view of this, you need: - to determine the main parameters and trends of the development of the modern world insurance space and the place of the insurance market of Ukraine in it; - to form a system of economic regulation instruments that would promptly react to probable significant changes in the insurance business; - ensure a gradual narrowing of the scope of the use of fiscal mechanisms for regulating insurance relations by maximizing the tax burden on the financial performance of insurers through the introduction of taxation principles in the field of insurance in the countries of the European Union; - to adapt the conceptual tools of the national insurance law to the conceptual apparatus of the international agreements regulating the trade in insurance services in the conditions of globalization of the world insurance market; - to adapt the classification of types of insurance activity, the rules for the formation of insurance reserves and their investment in accordance with the requirements of the global insurance market; - continue work on improving the system and structure of management of the institutions of the national insurance market, to study the causes, forms and experience of merging financial, banking and insurance capital.

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Поветкина, Наталья, Natalya Povetkina, Семен Янкевич et Semen Yankevich. « CONCEPT OF FINANCIAL STABILITY IN THE RUSSIAN FEDERATION AND FOREIGN COUNTRIES : LEGAL ASPECT ». Journal of Foreign Legislation and Comparative Law 1, n^o 4 (29 octobre 2015) : 0. http://dx.doi.org/10.12737/14309.

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This article is the research of the legal nature of the concept of “financial stability” with respect to the financial (public) relations. The paper comprises analyzes of the legal regulation of the concept at the international level — in the program documents of the United Nations and at the supranational level — in the treaties of the Member States of the European Union, the treaty of the Member States of the Eurasian Economic Union and the decisions of the Eurasian Economic Commission. The article presents a description of the concept of “financial stability”, provided for in the legislation of Great Britain, the USA, Germany, Poland, the Czech Republic and Sweden. The authors note that the concept of “financial stability” in the legislation of foreign countries has universal meaning: absence of instability of the financial system of the country, measures to prevent financial crises and minimization of their negative effects.

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Hartley, Trevor C. « The European Union and the Systematic Dismantling of the Common Law of Conflict of Laws ». International and Comparative Law Quarterly 54, n^o 4 (octobre 2005) : 813–28. http://dx.doi.org/10.1093/iclq/lei038.

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English conflict of laws is the creation of the common law. Prior to Britain's entry into the European Union, legislation played only a limited role. The few legislative measures concerning choice of law were narrowly targeted to remedy specific problems—for example the formal validity of wills, or torts. The rules for service outside the jurisdiction were a more important exception, but their practical operation largely depended on judge-made concepts and remedies, such as forum non conveniens and antisuit injunctions. The common law also provided a complete system for the recognition of foreign judgments that operated untrammelled with regard to judgments from many countries, including some of the most important, while the relevant legislation, where applicable, did little more than provide a simpler procedure.

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Zhildikbaeva*, A., et S. Elemesov. « ORGANIZATION OF LAND USE ON AGRICULTURAL LANDS IN FOREIGN COUNTRIES ». Izdenister natigeler, n^o 3 (91) (30 septembre 2021) : 20–27. http://dx.doi.org/10.37884/3-2021/03.

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In the article the experiences of foreign countries in the organization of land use, such aspects as: forms of ownership, restrictions on the size of land, the development of rental relations in different countries of the world, the opinions of various authors are considered. The minimum and maximum sizes of land use granted to one person in the countries of the world have been analyzed. Direct payments to farmers in European Union (EU) and Eurasian Economic Union (EAEU) countries have been studied. The analysis of the current legislation on land turnover in foreign countries has been presented. The current restrictions on the size of land plots provided for rent and private ownership to one individual and legal entity are given. The results of the work of the Land Commission of the Republic of Kazakhstan and the identified costs in the process of land reform are presented. The measures taken by the Government of the Republic of Kazakhstan to eliminate them by introducing a moratorium for 5 years on the sale of land to private ownership are outlined and the main directions for improving land relations in Kazakhstan are outlined.

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Berdnik, I. V. « CRIMINAL RESPONSIBILITY FOR ATYPICAL FORMS OF OFFENCE AGAINST ENVIRONMENT UNDER THE LEGISLATION OF INDIVIDUAL COUNTRIES OF THE EUROPEAN UNION ». Scientific journal Criminal and Executive System : Yesterday. Today. Tomorrow 2021, n^o 2 (15 décembre 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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Kozhevnikov, Оleg A., et Marina V. Chudinovskikh. « Regulation of telework in Russia and foreign countries ». Vestnik of Saint Petersburg University. Law 11, n^o 3 (2020) : 563–83. http://dx.doi.org/10.21638/spbu14.2020.303.

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The article analyzes the legislative approaches to the regulation of telework in Russia, the United States, and the countries of the European and Eurasian Economic Union (EAEU). The authors systematized the main issues of the Telework Enhancement Act, the Telework Framework Agreement, and the Labor Code of the Russian Federation and countries of the EAEU. The comparison made it possible to conclude that the norms of Russian labor law significantly lag behind European and American legislation. The regulation of telework in the Russian Federation consists of a certain framework, without a legal resolution of many important issues. The norms of the Labor Code of the Russian Federation are focused on procedural issues rather than on guarantees and compensation for employees. The authors investigated the level of labor guarantees for teleworkers in Russia and also carried out a comparison of social protection, which highlighted the reasons for the proliferation of “gray” employment schemes. The key problems of telework regulation in Russia are the absence of the obligation of the employer to compensate the employee for the costs of equipment and communication, reduced responsibility and duties of the employer in terms of labor protection, adherence to the work and rest regime, imperfection of the rules governing dismissal. In order to improve the Russian legislation, the possibilities of securing the preferential right of certain categories of individuals to enter into an agreement on teleworking, establishing the employer’s obligation to compensate employee expenses caused by teleworking are considered. The necessity for increasing the work on raising the level of the legal culture of citizens on the part of educational institutions and trade unions is justified. The regulation of telework in Russia needs to be gradually improved on the basis of an analysis of Russian law enforcement practices and foreign experience.

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Чиканова, Людмила, et Lyudmila CHikanova. « ON LIMITATION OF EMPLOYEES’ LABOUR RIGHTS UNDER THE CONDITIONS OF AN ECONOMIC CRISIS ». Journal of Foreign Legislation and Comparative Law 1, n^o 5 (2 décembre 2015) : 0. http://dx.doi.org/10.12737/16138.

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The article is dedicated to the problems of limitation of employees’ labour rights under the conditions of an economic crisis. The author analyzes the Russian and foreign legislations, that regulate the relations in connection with mass discharge of employees and concluding of fixed-term employment contracts, as well as the opinions of labour law science representatives on the issue under consideration. The author notes that the statement of business representatives that unlike foreign legislation, the domestic labour legislation is excessively severe and regulates the relations between employees and employers in the Soviet manner and imposes on employers a large number of restrictions is not justified. The practice shows that general employment and labour laws in the developed countries leave very limited room for uncontrolled flexibility on the part of an employer, remaining truly flexible with respect to the diversity and variety of ways to ensure employees’ rights. Comparative analysis of legislations in Russia and foreign developed countries testifies that many foreign statutory regulations either completely agree with the RF Labour Code requirements or are yet less convenient for an employer. The Russian legislation, restricting the possibility of concluding fixed-term employment contracts is less severe compared to the European states. It conforms to international standards and that is why a suggestion on expanding grounds for concluding fixed-term employment contracts appears to be completely unjustified.

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Holub, N. « World experience of legal provision of control over economic concentrations of economic entities ». Uzhhorod National University Herald. Series : Law 1, n^o 74 (31 janvier 2023) : 142–46. http://dx.doi.org/10.24144/2307-3322.2022.74.24.

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The article examines the legal mechanisms of state control over the processes of economic concentration in the most developed countries of the world. A comparison of the legal antimonopoly institutions of the mentioned states was made, and special features of competition legislation, which are inherent in one or another country and their effectiveness in the process of controlling economic concentrations, were revealed. It has been established that two types of legal mechanisms for controlling economic concentrations have developed in world practice, namely the American type and the Western European type. It was determined that the American competition law prohibits any form of concentration due to the determination of its level by judicial authorities. In its regulations, American legislation contains clear powers of state authorities on concentration issues. The burden of proving the positive effects of the concentration rests entirely on the applicant for the concentration. The competition law of European countries is softer. Mergers that significantly restrict competition are prohibited. The concentration takes place only with the permission of the authorities. The exception to this rule is the legislation of Great Britain. Features of Japanese legislation are the existence of such concepts as depression and rationalization cartels, in the presence of which concentration is prohibited. According to the results of the study, it was concluded that the use of successful foreign legal experience in the field of concentrations, such as increasing financial indicators for granting consent to concentration, introducing a broad interpretation and specifying the powers of antimonopoly authorities, clearly demarcating their competence, adopting a single codified legal act to regulate relations from concentration will lead to positive changes in the sphere of state policy regarding the right regulation of economic concentration in Ukraine. Within the framework of this study, an analysis of national and foreign legislation in the field of regulation of economic concentration was carried out.

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Polishchuk, M. « GENERAL LEGAL BASES OF PROVIDING AND RECEIPT OF FINANCIAL ASSISTANCE IN UKRAINE ». Scientific Notes Series Law 1, n^o 12 (octobre 2022) : 185–89. http://dx.doi.org/10.36550/2522-9230-2022-12-185-189.

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Financial assistance is an important tool for providing economic support to both business entities and all other legal subjects, regardless of their economic and legal status. According to the Budget Code of Ukraine, the sources of formation of the special fund of the State Budget of Ukraine in terms of revenues and revenues of the special fund of local budgets include revenues from assistance programs and grants of the European Union, foreign governments, international organizations, donors, and expenditures - expenditures implementation of programs and activities within the framework of assistance programs and grants of the European Union, foreign governments, international organizations, donor institutions. The processes of providing financial assistance to economic entities by the state are regulated by the Budget Code of Ukraine and the Law of Ukraine «On State Assistance to Economic Entities». The subjects of relations in the field of providing and receiving financial assistance are the state, legal entities and individuals. The article considers the general financial, tax and civil principles of providing and receiving financial assistance. The provision and receipt of financial assistance as a subject of legal regulation in relation to the system of branches of Ukrainian legislation is intersectoral, comprehensive, as these social relations are governed not only by financial but also economic, tax and civil legislation. Studies of the legal regulation of the provision and receipt of financial assistance are promising both in terms of legal science and in terms of law enforcement practice given the growing needs for public and private financial support of the economy of state, its territories, legal entities and individuals in the conditions of military actions on the territory of Ukraine.

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Savchuk, Sergiy. « Special aspects of legal regulation of fixed-term employment contracts of some European countries ». Law Review of Kyiv University of Law, n^o 2 (10 août 2020) : 286–90. http://dx.doi.org/10.36695/2219-5521.2.2020.54.

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The article is devoted to the study of foreign experience in legal regulation of fixed-term employment contracts. Fixed-termemployment contracts should be considered as one of the earliest and, accordingly, the oldest forms of non-standard employment. Tur -ning to the concept of the application of fixed-term employment contracts in Ukraine in the near future, it seems appropriate to consider the possibility of their further development through the prism of studying European experience. Indeed, in many European countriesthe fixed-term contracts are quite common and therefore analysis of both positive and negative examples of their legal regulation willbe useful for the future development of labour legislation in Ukraine.The article features an analysis of the relevant legislation of the United Kingdom, Estonia, Italy, Poland and France. It is concludedthat the membership of these states in the European Union has had a significant impact on the evolution of national labour le -gislation. This also applies to the United Kingdom, which had been part of this economic and political union for a long time.The transposition of EU legislation into national law by these countries predetermines the existence of common features betweenthem in the legal regulation of fixed-term employment contracts. This common features include: clear time limits of the employmentcontract, maximum allowable number of renewals enshrined in law, compliance with the principle of non-discrimination, etc.In turn, the implementation of fixed-term employment relationships in each country differs in its uniqueness, which is due to thedomestic tradition of their implementation. For example, in the United Kingdom, the dismissal of an employee due to the expiration ofthe employment contract is considered through the lens of fairness of the employer’s actions, while in Italy the number of fixed-termemployment contracts with a particular employer cannot exceed 30 %.The above circumstances should be taken into account by Ukraine when reforming labour legislation. Indeed, the need to implementCouncil Directive 1999/70/EC is clearly provided for in clauses 1139 and 1140 of the Action Plan for the implementation of theAssociation Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and theirmember states, on the other hand, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1106, of 25.10.2017.

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Belikova, Ksenia Michailovna. « Theoretical and practical aspects of legal qualification of virtual property in Russia and abroad ». Юридические исследования, n^o 7 (juillet 2021) : 1–28. http://dx.doi.org/10.25136/2409-7136.2021.7.35869.

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The subject of this research is the theoretical and practical aspects of legal qualification of virtual property – digital online objects (cryptocurrencies, game property, user accounts, etc.) in Russia and abroad. Virtual property is viewed through the prism of the concept of “asset” / “economic asset”, established in the national and foreign legislation and doctrine. Real right to game objects in online games are considered through the lens of John Locke’s labor theory of property (acquisition), M. Radin’s theory of personality, theories of utilitarianism (deterrence of negative behavior and economic efficiency), law enforcement practices and legislation (South Korea, China, etc.). Real right to online accounts (Google, Yahoo etc.) are examined in the context of allowability of transferring personal and business accounts from the perspective of property and conventional law. The relevance, theoretical and practical importance of this research is are substantiated by supplementing the tangible objects of proprietary right with digital, created in modern reality with the use of digital technologies (cryptocurrencies, tokens, etc.), which requires clarification of their legal regime in the context of the effective legislation of the Russian Federation and foreign countries, ideas for its amendment, and law enforcement practice. The author concludes that the legal doctrine of a number of countries, distinguishing tangible and intangible, virtual objects (game objects, user accounts) recognized the existence and legal status of virtual property (Hong Kong, European Union, South Korea, Russian Federation, Taiwan), qualifying it as the analogue of digital information and content; legally - movable (Taiwan) or other (Russian Federation) property; property (the European Court of Human Rights) or utilitarian (mandatory) digital (Russian Federation) rights; economically – virtual (financial, in form of future income), and material (in form of commercial ties, domain names, etc.) assets (the European Court of Human Rights, Russian Federation).

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Bogdan, V. V., E. V. Chernykh et R. W. Khalin. « CONSEQUENCES OF BRexIT FOR CONSUMERS AND LEGISLATION FOR THE PROTECTION OF CONSUMERS 'RIGHTS IN GREAT BRITAIN ». Proceedings of the Southwest State University 22, n^o 1 (28 février 2018) : 204–10. http://dx.doi.org/10.21869/2223-1560-2018-22-1-204-210.

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This article considers one of the topical issues of the development of legislation on consumer rights protection in the European Union countries in connection with Great Britain’s withdrawal from EU. European legislation on the protection of consumer rights has a number of features since all participants at the very beginning of the EU’s existence pledged to share responsibility for enacting legislation that protects consumer rights. The authors dwell on the problems of consumer rights protection in the UK, the consolidation of the legislation on consumer rights protection, and the models for building relations between the UK and EU: British membership in the European Economic Area (EEA); relations only within the framework of the World Trade Organization (WTO); cooperation, built on individual terms. In the study, the authors used analytical and formal-legal methods, the method of abstraction which made it possible to formulate conclusions on the conducted research. The authors come to the conclusion that there are strong relations between the rules of the Institute for the Protection of Consumer Rights of Great Britain and the legislation of the EU, so no major changes are currently expected. The Law "On the Rights of Consumers" not only introduced colossal changes in the national English legislation, but also summarized various aspects of consumer legislation in one legislative act. Such consolidation of consumer law in the UK has proved to be one of the most complex and promising legislative acts within the EU. Currently, it is difficult to predict the consequences of the UK’s exit from the EU for consumers and business, not knowing the scenario of the development of transitional or future relations with the EU. Undoubtedly, the next two years of the transition period will be difficult, since the decisions will be made by 27 EU countries without the participation of Great Britain.

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Hetzer, Wolfgang. « Corruption and Integration – Does the Expansion of the European Union Represent a Risk Factor ? » European Journal of Crime, Criminal Law and Criminal Justice 12, n^o 4 (2004) : 301–20. http://dx.doi.org/10.1163/1571817042523103.

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AbstractThe imminent entry of ten countries into the European Union is one of the greatest success stories in the contemporary history of the continent. Following the devastation of the Second World War and the political and economic paralysis during the ‘Cold War’ period the future holds promise of development opportunities of historical significance for twenty-five Member States. It must not be overlooked, however, that, due to the still prevalent differences in living standards, in income ratios and in administrative structures, the process of economic approximation is also not without risks. Among these is the tendency towards corruption. The expansion of the European Union can only succeed economically and politically if the dangers associated with corruption are minimized by far-sighted legislation and consistent implementation measures throughout Europe. This is true not only with respect to the new Member States.

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Самоховец, М. П., et Е. А. Гречишкина. « ЄВРАЗІЙСЬКИЙ ЕКОНОМІЧНИЙ СОЮЗ : РОЗВИТОК ЗОВНІШНЬОЇ ТОРГІВЛІ ДЕРЖАВ-ЧЛЕНІВ З ТРЕТІМИ КРАЇНАМИ ». TIME DESCRIPTION OF ECONOMIC REFORMS, n^o 3 (10 novembre 2020) : 29–35. http://dx.doi.org/10.32620/cher.2020.3.03.

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The study of foreign trade of the EAEU member countries with third countries is justified by the need to increase its effectiveness. It is necessary for fully State budgets revenue generation, competitiveness increasing of national economies and improving standards of the EAEU member states. The purpose of the article is to analyse and evaluate the economic parameters of the EAEU member states foreign trade and outline main trends and prospects for the EAEU's foreign trade development. The object of the study is foreign trade relations between the EAEU member states and third countries. Methods used in the study. The study was conducted on the basis of program and reporting documents of the Eurasian Economic Commission. Official statistical data for the period from 2014 to 2018 were used. The conclusions are based on economic comparisons and systematization. Research hypothesis. Foreign trade economic indicators of the EAEU member states with third countries have potential reserves of growth. Statement of the main material. Single customs regulation is used in accordance with the EAEU Customs Code. Export customs duties are regulated by national legislation of the EAEU member states. Import customs duties are paid and distributed to the budgets of the EAEU member states according to the standards. The analysis of the economic parameters of foreign trade development of the EAEU member states showed that the EAEU's foreign trade has a tendency to increase, but has not yet reached the 2014 level. Exports dominated in the structure of the EAEU's foreign trade turnover and mainly represented by mineral products to the European Union countries. Originality and practical value. The prospects for foreign trade development of the EAEU member states with third countries are seen in the EAEU export volumes increasing with definition of priority product groups. Conclusion. The diversification of foreign trade of the EAEU member states is possible through exports of high-tech products. Foreign trade increase is possible through the EAEU's trade and economic expansion with other countries and integration associations.

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Zavhorodnia, V. M. « The origin and development of the European Union sports policy and law. » SUMY HISTORICAL AND ARCHIVAL JOURNAL, n^o 39 (2022) : 50–58. http://dx.doi.org/10.21272/shaj.2022.i39.p.50.

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The presented work is devoted to highlighting the processes of evolution of the EU sports law and policy, identifying facts and events that have contributed to the development of communitarian regulation in this area and establishing trends and directions significant for Ukraine in the European integration aspect. Integration processes, first purely economic and then increasingly multidirectional, could not but affect this vital sphere of social life on the European continent and internationally. Sport is an essential element of the self-realization of a human personality and a sphere of economic activity. It is also a form of international communication, cross-cultural communication, the assertion of authority, and a positive image of countries. Also, sports can be an instrument of political and diplomatic influence or even a means of responding to violations of international law and order. The evolution of EU sports policy and law has been a difficult and long way in the general context of European integration processes. Initially, the sport was not covered by Community law and the spheres of competence of the Communities. However, since the 60s of the last century, the foundations of the European sports model began to form. Implementing the Council of Europe’s standards in the Member States’ practice was essential in forming this model. The European sports model implies, on the one hand, the unity of values and sports traditions of Europe. On the other hand, it is based on considering the national characteristics of European countries, pluralism, and diversity of the organization of sports relations and activities of non-governmental sports organizations. To the main features of the European sports model, which have developed historically and are preserved to this day, the author refers voluntary participation in sports competitions, non-discrimination, democracy, solidarity, compliance with the rules of “fair play,” good governance, and prevention of corruption and abuse. The article characterizes the role of the Court of Justice of the European Union (CJEU) in the creation of the EU acquis in the field of sport. CJEU developed the legal criteria system for extending communitarian rules and principles to the economic aspects of sports activities, including regulating relations with non-state actors such as national Olympic committees, sports federations, etc. Relevant CJEU decisions are analyzed in the study, approaches to the application of EU competition rules in sports, as well as to labor relations, freedom of movement of workers, and the provision of services, are revealed. Further integration and reform of the EU under the provisions of the Lisbon Treaty led to the emergence of a sector of the EU policy in the field of sports and several regulations and organizational measures aimed at realization of this policy. Implementation of the relevant standards in the national legislation, introduction of the best practices of governance in the field of sports in the state policy and activities of non-governmental sports organizations are important components of the implementation of Ukraine’s European integration aspirations, fulfillment of obligations under the Association Agreement and prospectively – the criteria for the EU membership.

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Bevz, Svitlana. « HARMONIZATION OF ADMINISTRATIVE AND LEGAL REGULATION OF STATE GOVERNANCE OF ECONOMIC ACTIVITY IN UKRAINE : SOME LANDMARKS ». Administrative law and process, n^o 2 (29) (2020) : 44–57. http://dx.doi.org/10.17721/2227-796x.2020.2.04.

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The aim of this article is to consider the impact of international law and European Union law on legislation of Ukraine in general and on the state governance of economic field in particular. The methods of formal logic are used: analysis, synthesis, induction, deduction, generalization. The author analyzes the notion of “international act” and “international treaty” and determines what acts impact to national legislation; synthesizes and generalizes her own vision of the degree of influence of acts of international law on the legislation of Ukraine. Elements of Europeanization of administrative and legal regulation of state governance of economic field is delimited deductively. Conclusions are drawn about the need to change the content of state governance functions in economic field with applying induction. Results and conclusions. The author draws attention to the different status of international acts and international treaties. The Ukrainian state implements the European integration policy and development of its legislation, the systems of state agencies are influenced not only by treaties and acts that have been ratified, but also by those not ratified by the Verkhovna Rada, though approximation to which is being implemented. It is emphasized that the legal personality implemented by the state shall define the enforceable international acts. The analysis of international acts developed by non-governmental organizations (UNIDROIT, UNCITRAL, etc.) suggests that they are mostly of a private law nature and may become a source of regulation in state – business entity relations at the micro level, i.e. those relations in which the state exercises its economic competence by acting as the owner of the property. At the same time, the regulatory framework of state governance of economic activity at the macro level is influenced by international treaties, in which Ukraine participates as authority. International treaties governing state legal relations also contain rules governing certain private legal relationships (trade agreements, double tax agreements, legal aid agreements). The article also highlights one of the trends in the development of administrative law in many European countries, including Ukraine, i.e. the Europeanization of administrative law. The elements of Europeanization of administrative and legal regulation of state governance of economic activity are determined.

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Duan, Cheche, Yicheng Zhou, Dehong Shen, Shengqiao Lin, Wei Gong, József Popp et Judit Oláh. « The Misunderstanding of China’s Investment, and a Clarification : “Faustian Bargain” or “Good Bargain” ? On the OFDI Data of Central and Eastern Europe ». Sustainability 13, n^o 18 (14 septembre 2021) : 10281. http://dx.doi.org/10.3390/su131810281.

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The close development of the economic relations between China and Central and Eastern Europe (CEE) since 2012 has triggered the European Union’s criticism of China’s foreign policy towards Eastern European countries. The European Union believes that China’s investment growth has led to a governance crisis in CEE countries. Based on the global governance indicators of the World Bank and the outward foreign direct investment (OFDI) data of the Ministry of Commerce of China, this paper conducts a test using the panel data model and the regression discontinuity method. An imbalanced panel dataset is adopted, covering 16 CEE countries from 2000 to 2018. The empirical research results indicate that, representing a small proportion of the investment inflows to CEE countries, China is not yet able to exert a domination effect on the region, and China’s economic power is far less than the European Union’s regulatory influence. Furthermore, China’s share of the OFDI in CEE has a U-shaped effect on the regulatory quality of host countries, and the two have a mutually causal relationship. Specifically, the impact on the host country’s regulatory quality is first manifested in the Shanghai effect, and when China’s share reaches a certain level, it is manifested in the California effect. The U-shaped effect is associated with the strategic factors of CEE countries and China’s positive contribution to good global governance.

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Sirotkina, Mariia, Olena Lomakina et Olena Shkarnega. « TOPICAL ASPECTS OF DCFTA IMPLEMENTATION IN THE JUDICIAL PROCEEDINGS ». Baltic Journal of Economic Studies 7, n^o 1 (22 janvier 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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Utkina, M. S., et A. I. Holovach. « EXPERIENCE OF FOREIGN COUNTRIES AS TO PROTECTION AND DEFENDING OF AUTHOR’S AND RELATED RIGHTS ON MUSICAL COMPOSITION ». Legal horizons 33, n^o 20 (2020) : 53–57. http://dx.doi.org/10.21272/legalhorizons.2020.i20.p53.

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The modern European mechanism of author’s relations was defined in the article by authors. It was determined the achievements of European legislation on the convergence of legal and digital realities. The article deals with copyright issues on the Internet. The current state of development of the domestic music industry plays an important economic role. This is due, first of all, to the fact that the given sphere can generate a large part of incomes. Musical works accompany us in our daily lives. In particular, in most places on the streets music can be heard. However, the issue arises as to the legality of the use of the institution of this musical work, in particular the issue of infringement of the rights of authors and performers of such copyright and related rights. The era of the digital single market has the potential to distribute and scale to any work: the artist records his work, and furthermore, his work gains an unlimited number of listenings to an unlimited number of users. It is quite understandable the desire of the authors and performers to earn income from the music, but minimizing the number of reproductions of their work. It is for this reason that the question of finding the optimal and effective means of the legal protection of a work of music as an object of copyright and related rights is being updated, due to the need to align the national legal framework with the provisions of the legislation of the countries of the European Union. The object of the study is public relations, regarding the legal regulation of the protection and protection of a musical work as an object of copyright and related rights. The subject of the research is the legal norms of Ukraine and foreign countries, devoted to the problems of legal regulation of the protection and protection of a musical work as an object of copyright rights and related rights. Keywords: copyright and related rights, music, copyright, royalties.

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Tokas, Marios. « Playing the Game : The EU’s Proposed Regulation on Foreign Subsidies ». Journal of World Trade 56, Issue 5 (1 octobre 2022) : 779–802. http://dx.doi.org/10.54648/trad2022032.

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The objective of ‘level playing field’ has become increasingly more present in international trade affairs. The European Union (EU) has recently embarked on a quest to promote and protect the level playing field within and outside the borders of the internal market. The most recent manifestation of this objective is the regulation of foreign subsidies, i.e., subsidies provided by non-EU countries to undertakings operating within the EU. The European Commission issued its proposal for a new Regulation with the goal of tackling distortions to the level playing field caused by foreign subsidies. The present article introduces the major concepts of the Proposal and provides a comparative analysis with EU State Aid law and the WTO Subsidies and Countervailing Measures (SCM) Agreement. Further, it pursues an economic analysis of the anticipated impact of the Proposal with a view of examining whether the Proposal is capable of addressing global distortions caused by foreign subsidies and ensure a level playing field. Lastly, the article examines the compatibility of the Proposal with Article 32.1 of the SCM Agreement. Trade Remedies, WTO Law, Subsidies, Treaty Interpretation, EU Law, International Trade Law

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Квеліашвілі, І. М. « Brexit : signs of disintegration of the EU customs union under the conditions of globalization ». PUBLIC ADMINISTRATION ASPECTS 7, n^o 4 (23 mai 2019) : 52–62. http://dx.doi.org/10.15421/151923.

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The processes of changing the world's space, turning it into a single zone, the unimpeded movement of goods, services, information, capital are aspects of the globalization of world economies. In this space, ideas that contribute to the development of relevant institutional formations and form their communicative connections are more freely distributed. Ukraine is on the way to solving the European integration tasks defined in the Association Agreement with the EU, the implementation of customs legislation, the purpose of which is not only the establishment and existence of a free trade zone, but also a more in-depth integration. The purpose of the article is to review possible scenarios concerning the conditions of movement of goods across the customs border, in the event of a final decision on the withdrawal of Great Britain from the EU Customs Unio Today, it has already been recognized that the integration persistence of the EU Customs Union was threatened by the name Brexit. This phenomenon, as a challenge to integration in a globalized world, gives impetus to a moderate choice of concept and form of integration for the future perspective of economic development of the member countries and candidate -countries for membership in the Community. The European integration policy of Ukraine's economic policy, along with urgent issues requiring a priority solution and fulfillment of obligations, should also be considered under the criterion of probable risks and threats to national interests. The article gives moderate arguments from UK analysts regarding the UK's exit from the EU, the urgent issues regarding the varied prospects of customs relations between the European Union and the UK, as well as the EU Customs Union. Influence of possible scenarios of "soft Brexit", "hard Brexit" on foreign economic activity of the country and its activity.

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Klym, Andrii-Vitalii. « Customs Policy of Ukraine in the Context of Modern Social Challenges ». Democratic governance 29, n^o 1 (31 août 2022) : 128–40. http://dx.doi.org/10.23939/dg2022.01.128.

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Formulation of the problem. At the present stage of development of the Ukrainian state there is a difficult economic situation caused by the pandemic and Russia’s military invasion into Ukraine. Undoubtedly, this affects all spheres of life of Ukrainian society, including the implementation of the customs policy. This provides grounds for the discussion about the objective need to pay more attention to the development and improvement of customs policy, implemented in Ukraine. The key role is given to the state, called to regulate these processes. An effective customs policy must respond flexibly to external threats and counteract quickly all the possible negative consequences of such threats towards strengthening economic interests of the state and maximizing compliance with international rules and requirements in the national customs system. The customs policy is designed to regulate foreign trade and protect of domestic producers, ensure realization of national interests in the field of stimulating the development and restructuring of the national economy. Analysis of recent research and publications. A significant number of scholars study the peculiarities of customs policy implementation and consider this multifaceted phenomenon from different points of view. In particular, it is worth mentioning such scientists as M. Bilukha, O. Hodovanets, T.Yefymenko, I. Kveliashvili, O. Kolomoiets, Martyniuk, O. Mosiakina, V. Pashko, V.Khomutynnik, and others. Their works are devo- ted to the general issues of implementation of the customs policy in Ukraine, the role of cus- toms in the system of state bodies, management of customs activities and customs control. Distinguishing previously unsolved parts of the overall problem. Dynamic changes taking place in Ukrainian society today, in particular, hostilities in Ukraine, determine the need for a deep and unified understanding of the implementation of customs policy in the context of modern challenges, which necessitates further research in this field. Presentation of the main material of the study. The system of customs authorities is designed to implement customs policy in the country on the basis of the principles of territorial organization, foreign economic activity and international cooperation defined in the Constitution. The main legislative act regulating legal relations in the country and, in particular, in the field of customs policy, is the Constitution of Ukraine. A brief overview of the peculiarities of functioning of the customs authorities of developed countries shows their universality and management of tasks far beyond the scope of powers that is inherent in the Ukrainian customs authorities. In other words, customs authorities of Ukraine are characterized by narrow specialization and fulfillment of only those responsibilities that directly belong to the field of customs policy of the state. Foreign experience makes it possible to understand, which direction the Ukrainian state is moving in view of the unification of domestic customs policy. Thus, having chosen the European integration course, Ukraine has embarked on the path of expanding foreign economic ties and deepening cooperation with European countries. Accordingly, the customs policy of Ukraine, based on the legislative and regulatory framework built on European standards and which is designed to regulate legal relations arising between entities when crossing the customs border, gains particular importance. Customs legislation is very dynamic and constantly unified, as the state needs constant integration with the countries of the European Union and deepening relations with them within free economic zones. In particular, emphasis should be placed on Ukraine’s accession to the World Trade Organization. This fact, as well as the European integration aspirations of Ukraine, limit the sovereignty of Ukrainian legislation in the field of customs policy. After all, the World Trade Organization proclaims a course to reducing barriers in trade and exchange of goods and services between the member states, as well as to elimination of non– tariff methods of regulating international economic relations, and the constant reduction of import tariffs. Thus, Ukraine must adjust its legislative and regulatory framework in the field of customs policy to the standards and requirements of the World Trade Organization and the European Union. The following main areas of improvement of customs policy were identified: implementation of international standards and requirements for increasing the level of protection of national interests of the state; simplification of customs procedures to reduce the number of abuse in this area; increasing the efficiency of detection and counteraction to negative phenomena in the field of foreign trade; improving the implementation of foreign economic activities and creating optimal conditions for the participants. Conclusions. Thus, the customs policy in Ukraine has had sufficient regulatory and legislative support in recent decades. At the same time, given Ukraine’s desire to integrate into the European environment, cooperation with the World Trade Organization and other international organizations, it is necessary to increase attention to the regulatory framework of customs relations. Priority of international treaties over domestic Ukrainian legislation indicates the need to unify the legislation of Ukraine and bring it in line with international norms and standards.

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Klymenko, Ihor Volodymyrovych, Dmytro Volodymyrovych Shvets, Oleh Tsyhanov et Liudmyla Hennadiivna Mohilevska. « Services Provided by Public Authorities : Features of Legal Regulation in Ukraine and the European Union ». Revista Amazonia Investiga 9, n^o 31 (7 août 2020) : 44–51. http://dx.doi.org/10.34069/ai/2020.31.07.4.

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The aim of the article is to determine: 1) the essence and content of services provided by public authorities in the European Union and Ukraine; 2) features of legal regulation of public service activities in these countries. To achieve this aim, general scientific and special methods of cognition were used, namely: dialectical, logical-semantic, comparative-legal, methods of analysis and synthesis. The article states that shortcomings in the field of public service have been inherited since Soviet times. The relevance of the European Union experience, where the defining feature of the development of legislation is its focus on ensuring the rights and legitimate interests of individuals in relations with public authority and its bodies, is emphasized. It is noted, that, unlike Ukraine, the European administrative-legal doctrine does not single out a separate legal institution of administrative services, and the category “service” regarding public sector is used in a broader and more flexible sense. It has been established that in the EU the issue of population services is regulated by both primary and secondary legislation. It was found that the legal regulation of public service activities in the EU is characterized by following features: the absence of a codified legal act that would regulate public services of non-economic interest; the impact of judicial practice on legal regulation of relations between public administration bodies and citizens; considerable attention is paid to improving the quality of public services and citizen participation in government decision-making. According to the results of the study, the priorities for the development of the administrative services system in Ukraine include the adoption of the Law (or Code) on administrative procedure and legislation on fees for administrative services (administrative fee).

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Mehmeti, Ismail A., Sokol Krasniqi et Hysen Sogojeva. « Trade and Country Legislation as a Roadmap for Economic Integration : Focus on Balkan Countries ». International Journal of Management Excellence 14, n^o 3 (30 avril 2020) : 2109–13. http://dx.doi.org/10.17722/ijme.v14i3.1143.

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Purpose: This paper focuses on identifying the role of trade and legislation of a country for economic integration. Every Balkan country has claims to integrate into the large family of the European Union- EU. This context besides foreign trade legal infrastructure is one of the main determinants of this process. It is imperative that laws related to the process of economic integration should comply with EU legal directives. Design/Methodology/Approach: Data processing design (for legislation as a roadmap for economic integration) is in line with established international standards. It focuses on data published by the governing institutions of the relevant countries using deductive methods. It also compares data obtained from research in analytical and synthetic terms with direct access to literature, scientific journals, as well as official reports published locally and abroad. Findings: Today, economic integration has become a necessity of recent times. They are influenced by a large number of relevant factors and are received by political actors on the basis of whose political actions will bring about liberal or protectionist policies. Each state has its own legal acts and other legal provisions regulating the functioning of the country's legal system. Free trade and the implementation of economic integration are closely linked to "Fiscal Policy" as part of the overall economic system. Adoption of restrictive fiscal laws that impede the international movement of goods and services has detrimental effects on the development of international trade and impedes the development of good relations between sovereign states. Practical Implications: The elaboration of this paper is based on the legal analysis of contemporary economic integration as well as the economic aspects and modalities for the practical realization of regional integration. The paper presents data - on market performance and legislation that determines economic integration - which shows the current state of affairs of the Western Balkan countries in the context of such integration. Originality/Value: The data in the paper present the real state of commercial economic developments and legislation as determinant of economic integration in the Western Balkan countries. The focus is on the creation of adjacent legislative spaces of these countries, which enables accelerated integration with the ultimate aim of joining the EU.

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Choi, Chong-Ki. « The Northern Policy of the Republic of Korea -how to Approach the Soviet Union and East European Countries- ». Korean Journal of Policy Studies 5 (31 décembre 1990) : 1–23. http://dx.doi.org/10.52372/kjps01005.

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Of the Sixth Republic's many policies, the northern policy is most successful. The term, "northern policy" includes all the diplomatic activities and policies to improve relations with the communist countries-the Soviet Union, China, and other East European countries. There are some backgrounds in implementing this policy. In domestic dimension, weak legitimacy of the Sixth Republic and nationalistic desire for reunification of divided nation became a significant background. Economic difficulty-especially the stagnation of exports can not be overlooked as well. From international perspective, Gorbachev's new thinking and change of American Foreign policies are a significant background. As everyone knows, northern policy gives rise to noteworthy achievement in many fields. But there are also various obstacles to implementation of northern policy. South Korea has legal obstacles, such as a security law and various political obstacles. Political and economic situation in socialist countries raises serious problems. International political situation is more or less helpful to implementing northern policy. Drawing upon the above-mentioned obstacles, I would like to suggest how South Korea should approach socialist countries. First, the existing alliance system in Northeast Asia should be taken into account. Second, due attention should be paid to the national interest of all countries concerned. Third, South Korea should not seek isolation of North Korea by pushing nothern policy. There are other ways to approach socialist countries, but I emphasize non-governmental contacts.

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Alwy, Fauna. « Indonesian Fisheries Policy Reform : Compliance with Stringent Food Safety Requirement Of Importing Countries ». FIAT JUSTISIA:Jurnal Ilmu Hukum 11, n^o 2 (4 janvier 2018) : 150. http://dx.doi.org/10.25041/fiatjustisia.v11no2.984.

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The main objective of this research is to discover the idea of innovation of Indonesia's legislation system on food security/seafood which has been heavily influenced by trade relations between Indonesia and the European Union as a group of major importing countries. This is a case study that largely examines and presents trade disputes between Indonesia and some major importing countries, especially with the EU countries as a major group of country importers of fishery products and seafood from Indonesia. The various disputes and complaints found in this case study demonstrate the fact that the marine fisheries sector as one of Indonesia's mainstay sectors has a very potential economic value for the country's foreign exchange earnings. There is a very close relationship between the fisheries sector with the fulfillment of people's living needs as well as the development of the economic sector in general, including food safety aspects. This should be addressed appropriately and efficiently by the government by adjusting and even updating laws and regulations in this sector by the international food standard/food security; given the numerous demands and rejection of most of Indonesia's trading partner countries in this sector. Keyword: Indonesian Fisheries, Policy Reform, Compliance, Food Safety Requirements, Importing Countries.

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Nevskaya, Anastasia Alekseevna. « Are the Visegrad countries independent players in European politics and economics ? » Mezhdunarodnaja jekonomika (The World Economics), n^o 11 (19 novembre 2021) : 839–51. http://dx.doi.org/10.33920/vne-04-2111-03.

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The article examines the degree of independence of the Visegrad Group countries in the European Union in terms of economic prerequisites and actual implementation. It has been suggested that the countries of the Visegrad Group, having reached a certain level of economic prosperity and diversified their foreign economic relations, began to strive to play a more independent role in making integration decisions in the EU, including on issues of basic common European values. This hypothesis is tested on the example of the negotiation process of the EU countries on the adoption of the MultiYear Financial Plan for 2021–2027 and the creation of a Next Generation EU Fund to work together to tackle the impact of the COVID-19 pandemic. The main directions of the negotiations, the positions of the participants and the general results are analyzed. Particular attention is drawn to the fact that Poland and Hungary have succeeded in achieving ambivalent language on the issues of linking the allocation of funds to member countries with their provision of the rule of law and observance of other democratic principles. It is shown that in practice the European Commission still does not abandon this linkage. It is concluded that during the EU membership, the Visegrad Group countries have succeeded in demonstrating their economic capabilities, and their ability to influence the solution of common European issues has increased, but the real degree of autonomy of the Visegrad countries within the EU has not reached a qualitatively new level, including and due to contradictions in the positions of countries within the bloc itself.

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Potkina, Irina V. « SUCCESSION OF COMMERCIAL AND INDUSTRIAL PROPERTY IN LATE IMPERIAL RUSSIA : LAW AND PRACTICE ». Ural Historical Journal 72, n^o 3 (2021) : 116–24. http://dx.doi.org/10.30759/1728-9718-2021-3(72)-116-124.

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The article deals with some issues of elaboration of the most important part of civil laws connected with property relations in the field of entrepreneurship. In the early 19th century, Russia was in the process of forming corporate legislation, which put the empire on a par with the advanced Western European countries from this point of view. That fact contributed to the broader development of entrepreneurship, which could legally be carried out in various forms. At the same time, work was carried out on the improvement of such a legal category as the institution of property, on rethinking and generalization of the previous national experience. The legislative activity of the government in the second half of the 19th century focused on the problems of adapting the current norms of law to the peculiarities of the socio-economic development of the country, as well as filling the gaps caused by the abolition of serfdom. The article shows the implementation of legal norms in everyday commercial life using the typical examples of some Russian and foreign joint-stock companies. Ultimately, Russia’s legislation was brought in line with the norms in force in this area in Western European countries. Based on the factual material, contained in various published sources and archival documents, the author concludes that Russian laws created favorable conditions for entrepreneurial activity and ensured the protection of the property rights of merchants and manufacturers, allowing them to maintain succession in business legal relationship.

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Khassenov, M. K. « Some issues of labor regulation of medical and pharmaceutical workers in selected OECD countries ». BULLETIN of L.N. Gumilyov Eurasian National University. Law Series 137, n^o 4 (2021) : 98–109. http://dx.doi.org/10.32523/2616-6844-2021-137-4-98-109.

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The article presents the results of a study of the legal basis for the labor activity of medical and pharmaceutical workers in some states that are members of the Organization for Economic Cooperation and Development (hereinafter - OECD). The author provides general features and specifics of labor regulation models in the healthcare sector. The article analyzes legislation and law enforcement. Thus, the European (continental) and Anglo-American models stand out, which differ in the direction of regulation. The first model is distinguished by the social orientation of labor regulation and public law regulation of disciplinary liability issues through quasi-state bodies of control and supervision. Whereas the second model provides for more autonomy to the parties to labor relations in establishing working conditions and private law regulation of disciplinary liability issues through self-regulatory professional organizations. The second model is more flexible, allowing more freedom to build labor relations with medical and pharmaceutical personnel, contributing to the development of the market for medical services and the efficiency of the health care system. The article substantiates the need for the reception of individual institutions and norms of labor and medical law of the states in question in the legislation of the Republic of Kazakhstan. In particular, there is a need for an independent law regulating the legal status of medical and pharmaceutical workers by analogy with foreign laws on the regulation of medical professions, in order to differentiate the norms that establish the specifics of the application of disciplinary measures, compliance with professional ethics and quality standards.

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Istomin, V. G. « Antimonopoly regulation of the activities of digital companies and the operation of Internet platforms in Russia and in the European Union ». Law Enforcement Review 6, n^o 2 (22 juin 2022) : 120–33. http://dx.doi.org/10.52468/2542-1514.2022.6(2).120-133.

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The subject. The article examines the antimonopoly regulation of relations arising in the course of the activities of modern companies that ensure the operation of certain digital online platforms. The development of digital information technologies has led to the emergence of various new forms of economic and social communications. These forms include, among other things, digital technological platforms operating on the Internet and representing a kind of platform within which information interaction of various subjects takes place, related to the implementation of their professional activities or interpersonal communication. In this regard, the law faces the task of ensuring effective regulation of relations that are formed in the context of the development of electronic market systems and digital services. An important role in this should be assigned to antimonopoly legislation, since the possession of large data sets and the latest information technologies can lead to companies trying to use their resources to violate the rights of other subjects.The aim of the study is to determine the legal essence of the Internet platform and to identify possible features and limits of antimonopoly regulation of the activities of companies that ensure their work, including taking into account the current Russian and foreign legislation and law enforcement practice in this area.Research methods are formal – logical interpretation, systemic method and comparative analysis.The main results, scope of application. Digital technological platform is a complex phenomenon that includes various results of intellectual activity, both subject to and not subject to legal protection, including computer programs, databases, as well as technical means, ensuring the functioning of the digital platform. In addition, the analysis of Russian antitrust legislation and the theory of civil law led to the conclusion that the existing exemptions from the scope of the rules on the prohibition of monopolistic activities established for holders of exclusive intellectual rights could significantly complicate the application of antitrust rules to digital companies that are copyright holders results of intellectual activity that are part of the Internet platform. At the same time, the currently established law enforcement practice actually follows the path of limiting these antimonopoly immunities, despite their legislative consolidation, which is hardly justified. On the other hand, the existence of broad antitrust immunities is also unfounded. In order to bring the antimonopoly legislation in line with the needs of the emerging digitalization relations antitrust immunities are subject to limitations.Conclusions. There are new criteria for determining the dominant position of digital companies in the relevant markets, which include network effects, large user data and significant barriers to entry into the market.

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Mosakova, E. A., et K. Kizilova. « Labor market in the UK in digital era : The gender dimension ». RUDN Journal of Sociology 21, n^o 3 (17 septembre 2021) : 512–19. http://dx.doi.org/10.22363/2313-2272-2021-21-3-512-519.

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The article considers gender discrimination in the field of labor relations in the United Kingdom (UK) in the pre-covid period. In the past decades, the Western European countries have made the most significant progress in achieving gender equality in various fields, including labor relations, and became the world leader in this area. However, despite all the efforts of the international community, no country has achieved a full gender equality, and Great Britain is no exception. The authors argue that the British anti-discrimination legislation (before leaving the European Union) was based on international acts and conventions. For a long time, there were acts and laws prohibiting discrimination in the labor market, which seriously hindered the implementation of an effective anti-discrimination policy in the sphere of labor relations. It was not until 2010 that the law on equality was passed to replace all previous laws and regulations and to provide an exhaustive list of criteria for prohibiting discrimination. As a result, Great Britain began to develop a rather strict national anti-discrimination legislation in the field of labor relations. Thus, in the past decades, the UK has been achieving gender equality in the economic sphere at a faster pace than the average European Union country. The study shows a steady decline in the gender wage gap in the UK over the past two decades, which may be considered one of the countrys most significant achievements in fighting gender discrimination in the labor market. However, there is still a number of serious challenges: a relatively low female labor force participation and employment rate, a gender wage gap and income gap, horizontal and vertical segregation, a gender gap in postgraduate education, and a significant gender gap in time spent on family responsibilities. Age discrimination presents a special problem in the sphere of labor relations in Great Britain. In the European Union, the first laws prohibiting age discrimination were adopted only in the 2000s, and in the UK - in 2006. This problem still remains extremely acute for the labor market, since age discrimination in the UK ranks third among the most common grounds for discrimination - after gender and disability.

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