Articles de revues : « Investments – Law and legislation – European Union countries »

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Horodyskyy, Ivan, Andriy Borko et Mariia Sirotkina. « ADAPTATION OF UKRAINIAN CORPORATE LEGISLATION TO EUROPEAN STANDARDS ». Baltic Journal of Economic Studies 7, n^o 3 (25 juin 2021) : 56–64. http://dx.doi.org/10.30525/2256-0742/2021-7-3-56-64.

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Defining the European vector of development of Ukraine in the model of international cooperation as a priority involves the use of European standards in the field of law. This is impossible without careful adaptation work to bring the domestic legal system in line with the system that exists in the countries of the European Union. Recent changes in legislation have been long-awaited and have been a breakthrough in the corporate and financial sectors. The authors aim to carry out a comprehensive analysis of Ukrainian corporate law by comparing the political governance of Eastern Europe, economic and political aspects of the current situation, problems of corporate governance and ways to solve them, and the current stages of adaptation of corporate law in its transformation to the EU’s norms. In February 2018, the European Commission proposed to consider 2025 a possible date for the accession of Serbia and Montenegro, which means recognizing these countries as the first league in the Balkans, even in case the EU Council does not approve this date. The second league was set by the Council in June 2018, when 2019 was marked as a possible conditional date for the opening of accession negotiations with Albania and Macedonia. While the third league is for the accession of Bosnia and Kosovo, for which no date has been set. Negotiations with Turkey have been suspended. For comparison, if we take into account both political and economic indicators, Ukraine is approximately equal to the Balkan states of the second league. The prospect of EU membership has been recognized as the strongest external factor in domestic political change in the countries surrounding the EU. In accordance with the requirements of the Association Agreement with the EU on corporate law (EU Directives No. 2001/34/EC, No. 2003/71/EC, No. 2004/109/EC, No. 2007/14/EC, No. 2007/36/EC, No. 2012/30/ ЕС, No. 2013/34/ЕС, Recommendations of the European Commission No. 2005/162/ЕС and No. 2004/913/ЕС) the Law of Ukraine No. 2210-VIII, the Law of Ukraine “On Limited Liability and Additional Liability Companies” dated February 06, 2018 No. 2275-VIII, amendments to the Laws of Ukraine №514-VI, “On Securities and Stock Market”, “On Business Associations”, the Economic Code of Ukraine, the Civil Code of Ukraine, the Criminal Procedural Code of Ukraine and other laws were made and came into force on July 1, 2021 in the Law of Ukraine No. 738-IX. European integration transformation of Ukrainian legislation in the context of protection of shareholders’ rights was manifested through the implementation of Directive 2004/25/EC in the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning the Simplification of Doing Business and Attracting Investments by Issuers of Securities” dated March 23, 2017 No. 1983-VIII and the Law of Ukraine No. 514-VI. Ukraine’s economy has not yet recovered from the negative effects of the global financial crisis of 2008, the political coup, the national crisis of 2015, the current crisis caused by the COVID-19 pandemic. This situation shows declining dynamics, and changes in Ukrainian legislation are offset, not showing real effect. The harmonization of Ukrainian legislation is complicated by the unwillingness of Ukraine’s business environment to comply with EU rules. Analyzing the activities of the JSC, the dynamics of the securities market, stock market and the transformation of Ukrainian legislation, the initiatives of certain branches of government, we can say that Ukraine is moving in the right direction but not fast enough and forms a country with a real market economy. Therefore, we can conclude that the adaptation of Ukrainian corporate law to EU legislation should be carried out not only in relation to existing EU directives but in accordance with general trends and prospects for the development of European corporate law.

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Popielas, Marek. « Harmonization of investment services in the European Union - the example of investment funds ». Oeconomia Copernicana 3, n^o 1 (31 mars 2012) : 73–88. http://dx.doi.org/10.12775/oec.2012.004.

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This paper aims to present the level of harmonization of investment services in relation to the European investment funds’ market. The author, in an attempt to systematize different types of investment services in Europe, refers to the European Freedoms and presents the key reasons for the harmonization of investment services. An important part of the study is to present the role of investment funds in the financial sector, as well as the crucial benefits of participation in the funds. By using the method of analysis of the sources, the author makes a review of the European regulations on investment funds, both the law and the recommendations of regulators. From the perspective of recent legislation changes the study highlights their possible implications, especially for less developed countries of the European Union. Complementing the current picture of harmonization the author, by referring to the substantial transformation of the common market of the European Union in 2004, makes review of dynamics of this sector, based on basic statistics. What is worth paying attention in this context is that there is still a slight share of the newly acceding countries. Verification of accuracy of the author’s observations may become the subject of wider discussion on the harmonization of financial services in this area, taking into account time necessary to assess the impact of European regulations currently being implemented.

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Fegyveresi, Zsolt. « Regulation (EU) 2019/452 and the Foreign Direct Investment Screening Regime in Romania ». Erdélyi Jogélet 2, n^o 4 (8 mars 2022) : 141–53. http://dx.doi.org/10.47745/erjog.2021.04.09.

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Since 11 October 2020, Regulation (EU) 2019/452 of the European Parliament and of the Council establishing a framework for the screening of foreign direct investment into the EU has been applied in the Member States of the European Union. Although the Regulation is automatically and uniformly applicable in all EU countries upon its entry into force – thus, no transposition into national law is required –, Romania is preparing to adopt legislation to regulate FDI due diligence at national level in line with Regulation (EU) 2019/452, in the absence of an adequate legal framework and for the purpose of implementing the Regulation. In this study, we intend to examine the current legal framework in Romania on FDI and the draft legislation mentioned above, which aims to establish a workable screening mechanism for FDI into Romania.

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Nijkeuter, Erwin, et Maarten F. de Wilde. « FII 2 and the Applicable Freedoms of Movement in Third Country Situations ». EC Tax Review 22, Issue 5 (1 octobre 2013) : 250–57. http://dx.doi.org/10.54648/ecta2013027.

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In this article, the authors discuss the approach that the Court of Justice of the European Union (CJEU) adopts in deciding which of the European treaty freedoms apply to third country situations. On 13 November 2012 the CJEU delivered a landmark ruling on this matter in the Test Claimants in the FII Group Litigation case. The CJEU observed that if the tax legislation in question is of a general nature then the free movement of capital also applies where European Union (EU) resident entities derive taxable proceeds from majority interests held in companies resident in third countries. In reaching this conclusion, the CJEU adopted an approach that seems to differentiate from that applied in earlier judgments. Moreover, the CJEU's findings clearly differ from the approach taken by the Dutch Supreme Court in various recent judgments. The Dutch Supreme Court considers external cross-border investments in majority shareholding interests as acts of establishment, which are not protected under EU law, because the freedom of establishment does not apply to third country situations. Assessing EU jurisprudence, the authors seek to answer the question which treaty freedom applies in cases involving the direct taxation of proceeds from cross-border third-country corporate shareholding interests and where does the approach adopted by the CJEU differ from that of the Dutch Supreme Court? The authors further address some potential consequences that the CJEU case law on this matter could have on the future interpretation of the freedom of capital.

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Radović, Mirjana. « Foreign direct investments screening in EU law at the time of the crisis caused by the pandemic ». Strani pravni zivot, n^o 3 (2021) : 361–74. http://dx.doi.org/10.5937/spz65-33936.

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The European Union is generally open to inward foreign direct investments (FDI). However, over recent years there is a rising trend in screening of inward FDI from third countries in the Member States. As a result, the Regulation (EU) 2019/452 on screening of foreign direct investments was enacted. In this paper the author, firstly, explains the reasons for a change in treatment of inward FDI from third countries within the Member States and the EU itself. The second part of the paper contains an analysis of the legal framework for FDI in the EU, in order to determine the possibility of their restrictions through national legislations. Special attention is given to the FDI-Screening Regulation and its minimum standards for national screening mechanisms. Finally, the author examines how the COVID-19 pandemic affects the treatment of FDI in the EU and concludes that the current crisis has contributed to further expanding the scope and importance of their screening and control.

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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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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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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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Ольга Павлівна Рудницька. « LEGAL REFORMS IN UKRAINE AND POLAND : COMMON AND DISTINCTIVE FEATURES ». Intermarum history policy culture, n^o 5 (1 janvier 2018) : 341–51. http://dx.doi.org/10.35433/history.111825.

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The article investigates the processes of carrying out legal reforms in Ukraine and Poland, their comparative analysis is made. The author has studied Poland's experience in implementing legal reforms. It is found out that one of the most important factors influencing positive changes in this country is the separatedness of the Polish power from business. In addition, the fight against corruption has become one of the decisive factors for successful reforms. It is concluded that as a result of long-term reforms, in particular legal, Poland has become one of the most stable economies in Europe.It is determined that the creation of a civil society, the formation of Ukraine as a democratic, socially oriented, rule of law state, is impossible without legal reforms implementation. The author proves that Ukraine has made successful steps to bring up the national legislation closer to the EU legislation. It is stated that European integration for Ukraine is an opportunity to modernize the economy, attract foreign investments, overcome technological backwardness, create new jobs, increase the competitiveness of the domestic commodity producer, enter the world markets.The author has studied that the reform of the prosecutor's office is carried out in Ukraine and Poland at different legislative levels, which is related to a different legal status of these bodies. The reform of the judicial system of Ukraine is analysed, in particular, the transition to the tripartite system of courts, the formation of new higher specialized courts in the system of judicial system: the Supreme Court on Intellectual Property and the Supreme Anticorruption Court. The experience of the territorial communities functioning in Poland and Ukraine is studied, their main general and distinctive features are outlined.It is concluded that the legal reform in Ukraine should be conducted taking into account positive experience of the European Union countries, specifically, one of the closest western neighbors, Republic of Poland.

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Minuto, Francesco Demetrio, Andrea Lanzini, Lorenzo Giannuzzo et Romano Borchiellini. « Digital Platforms for Renewable Energy Communities Projects : An Overview ». International Journal of Sustainable Development and Planning 17, n^o 7 (30 novembre 2022) : 2007–13. http://dx.doi.org/10.18280/ijsdp.170701.

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The European Union energy policy agenda of achieving the transition to carbon neutrality has been established by an important legislative package called "Clean Energy for all Europeans". A novel approach introduced was to put the citizen at the center of the energy transition. On one side, by powering his freedom of action and, on the other side, by asking him an exceptional engagement in energy consumption reduction activities and in participating in the investments for new distributed Renewable Energy Sources (RES) power plants. The Renewable Energy Communities (REC) is the policy framework used to implement this strategy introduced by the Renewable Energy Directive Recast (RED II). In particular, RECs promote citizen’s active role by encouraging energy consumption reduction and energy demand flexibility while reducing the Not In My Bachyard (NIMBY) effect towards RES. Each member state is transposing the RED II directive, adapting it to national legislation and energy transition strategy. Pioneers countries like Italy have already started the experimentation of this framework and developing the first pilot projects. The citizens’ interest and their will to participate in REC projects indicate the need for supporting tools guiding them along all the project development stages: “design”, “creation”, and “operation”. This work presents three categories of supporting digital tools and platforms required to develop REC projects: Commercial, EU Founded and Freeware. We analyzed 30 tools, evaluating the services provided in each of the different stages of REC project implementation.

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Zhornokui, Yurii. « Public legal means of investment of small and medium innovative entrepreneurship in the European Union ». Law and innovations, n^o 1 (29) (31 mars 2020) : 7–13. http://dx.doi.org/10.37772/2518-1718-2020-1(29)-1.

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Problem setting. The development of social relations, the economic well-being of the population and the stable social structure of any state in the present circumstances are conditioned by a series of factors, one of which is the development of innovative infrastructure. One of the most important directions of development of the economic sector of our country was the formation of an innovative model of the economy, which puts to law the new tasks of clarifying the purpose and social value of law as a regulator of social relations. Analysis of recent researches and publications. The current state of the study of the selected issues indicates that the sources from which public-law organizations are investing innovative activities of small and medium-sized innovative entrepreneurship in the EU are insufficient. At the same time, the state policy of the EU countries in the scientific and technical sphere is realized through the use of various instruments, which include: legislation, tax policy, size and nature of the allocation of budget funds, including for the implementation of works in priority areas, the formation and maintenance of infrastructure, personnel, etc. Target of research is to identify the public and legal means of investing small and medium innovative entrepreneurship in the EU. Article’s main body. In the EU, the innovative component of public policy encompasses the scope of national scientific institutions (institutes, research centers, university laboratories, etc.). There are government programs that receive partial funding from the state budget. The state is guided by different criterias when deciding on the financing of specific works. First, the prospect of each specific direction is evaluated from the point of view of preserving the country’s achieved position on the world market in the future. Second, the recognition at the governmental level of innovation as a vital factor of economic development, the conduct of a broad government company on the problems of innovation. The current state of regulatory support suggests that structural funds such as the European Regional Development Fund and the European Social Fund should be considered as the main public sources of investment for innovative enterprises. In particular, such funds are implementing EIC Pathfinder Pilot, FET Innovation Launchpad, EIC Transition to Innovation Activity, EIC Accelerator, Programme for the Competitiveness of Enterprises and Small and Medium-sized Enterprises (COSME) etc. Conclusions and prospects for the development. In the EU, the investment of small and medium enterprises is not homogeneous, but a large part of them, despite the large number of investment support tools for such companies, face significant challenges in accessing investment resources. Developing a successful pan-European policy requires an indepth understanding of the problems and specifics of financing the innovation activities of small and medium innovative enterprises in EU Member States.

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Stražišar, Borut. « Is principle based legislation smart choice for capital market’s regulation ». Journal of Governance and Regulation 1, n^o 3 (2012) : 107–13. http://dx.doi.org/10.22495/jgr_v1_i3_c1_p4.

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Global financial crisis in 2008 posted numerous questions about the reasons and triggers. In past three years world’s economic literature has been full of academic articles analysing each reason or trigger and scientific explanations of possible connections. Majority outcome was, that key factor was excessive use of derivatives and synthetic financial products, which were under regulated or not regulated at all. The outcome was that countries with developed financial markets introduced new regulations and controls in the field of derivatives and synthetic financial products. Term “systemic risk” was introduced in global financial market. But will this approach really prevent such global crisis? Submission is divided in three parts. First part deals with the theory of principle based regulation. Principle based regulation was firstly introduced in UK and latter accepted by European Union in the field of capital markets. It was a way, together with the Lamfalussy process, to make EU regulation acceptable for all member states. Instead of detailed prescribed behaviour, legislation texts prescribe only desirable goals. Implementation is left to each state or, even worse, to each supervised subject. So the implementation should depend on the capital market’s development, capital product’s structure, tradition, investment companies’ size etc. From a distant view, principle based legislation could be seen as a great legislation writing’s technique. It could be seen as an effective solution to regulate a fast developing field without need to change the regulation. But is it true? Second part of the submission addresses the legal questions and problems, connected to the principle based regulation starting with the validity of regulations. Broad definitions in Market in financial instruments Directive (MiFID), introduced for fast adaptation to new financial products and instruments, are now turning into dinosaurs. Contrary to US’s fast action, European Union is still discussing whether spot forex trade is financial instrument or not. On the other hand, broad and unclear definitions, represents a friendly environment for new casino’s financial products. Even recognised financial instruments (like derivatives and synthetic financial instruments) are recognised as gambling contracts by national courts within European Union. Problems with legal enforcement of financial contracts are mentioned also in common law’s literature. There are numerous pages describing the economic and financial essence of each derivative or synthetic financial instrument. But the chapters, dealing with the legal aspects, are short and end with a similar advice: “due to small number of case law and the danger, that courts could interpret such contracts as a gambling contract, we strongly advise to settle all disputes outside the court.” In case of numerous defaults unenforceability of contracts could be the poison pill for the trust in capital markets. Accepted solutions could also be a problem for administrative or criminal sanctions. Broad and unclear definitions could violate the basic principle “nullum crimen sine lege praevia.” And least but not last, in modern financial world sins are made in interpretations of details and not of principles. Third part of submission deals with the necessary assumptions for a workable principle based legislation. It starts with basic legal culture and generally accepted rule of law. It deals with the corporate culture, consumer’s organizations, financial markets and capable supervisors. Only when all the actors perform their expected roles, the principle based legislation could work properly.

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de Ávila, Renato Ivan, et Marize Campos Valadares. « Brazil Moves Toward the Replacement of Animal Experimentation ». Alternatives to Laboratory Animals 47, n^o 2 (mai 2019) : 71–81. http://dx.doi.org/10.1177/0261192919856806.

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In Brazil, efforts towards the regulatory acceptance and implementation of innovative methods to replace experimental animal use in various fields began to gather force in 2008, with the approval of Law No. 11,794/2008 (the Arouca Law). This law represented a milestone, as it created the National Council for the Control of Animal Experimentation (CONCEA) to deal with the ethical and legal issues related to the use of laboratory animals. In 2014, CONCEA put together a framework for expanding the implementation of non-animal methodologies for use in research and education. It also promoted the regulatory acceptance in Brazil of 24 test guidelines, including 15 in vitro approaches. It should be emphasised that, in Brazilian legislation, replacement is generally based on the toxicological endpoint and not on the category of product, as tends to be the case in other countries (e.g. cosmetics in the European Union). The resolution-dependent deadlines for the obligatory replacement of in vivo methods with the CONCEA-approved tests are 2019 and 2021. Brazil has advanced considerably towards the replacement of animal experimentation, and in certain aspects, this has been in a highly progressive manner. However, there is still a lot of work to be done, especially considering the current political scenario with reduced investment in research, development and innovation. The chronology of significant events following the approval of the Arouca Law, which have contributed to the promotion of the Three Rs alternatives in Brazil, will be examined.

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Zavadska, Anhelina, et Stanislav Vodolazkii. « Problems of formation of business angels in the innovative process of Ukraine ». Law and innovative society, n^o 2 (15) (4 janvier 2020) : 122–27. http://dx.doi.org/10.37772/2309-9275-2020-2(15)-19.

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Problem setting. The article examines the problems of the legislative definition of business angels, and also summarizes the terminology of this subject of innovation infrastructure. Also, in the article we try to find out the legislative consolidation of the term of “business angel” in the countries of the European Union, which further development and functioning is investigated. The importance of them is determined at the national level to consolidate in a special law the definition and procedure for the provision of investments by business angels. Analysis of resent researches and publications. Business angels are relevant, because for many Ukrainian entrepreneurs and companies there is a problem of financing. Thus, the study of this topic in their scientific works engaged in such outstanding scientists A.M. Lieutenant and LL Antonyuk, S. Valdaytsev, K. Pinyugin, O. Kashirin, O. Semenov, A. Karzhauv, O. Folomentyev, Benjamin J., Margulis J., Ammosov YP, Brian Hill, Dn. Power, N. Fonstein, A. Halytsky and other scientists. The target of research. There is a study of the essence and legal definition of the term business angels. Research of national and foreign private investors (business angels), as well as, outlining of reality of regulation in national legislation of the procedure for providing business angels to invest. Article’s main body. A business angel is a person who invests money in projects that often exist only as an idea. At this stage, a young campaign or entrepreneur funds of the development and implementation plan often have nothing to begin a startup, because there is nothing to interest serious investment funds. In this case, angels come to the aid of investors. It should be emphasized that investors, when they see a prospect in the idea, and believe in the future this idea will appeal to society and will find further improvement and development, business angels, usually, invest in this business the necessary and sufficient amount of their own funds. This is what distinguishes business angels from venture investors, who manages other people’s capital. So, it should be noted that they receive not only a share in the campaign, but sometimes even a blocking stake, what allows them to influence decisions made by the owner. In the research, Shevchenko O.M gives the following definition that business angels are private venture investors who invest their financial resources, as well as, personal time and abilities in little-known young innovative companies with the expectation of commercial profit. In addition, by providing start-up capital, private investors bring to the company the most valuable thing — professional and managerial experience (which is, usually, lacking in companies in the early stages of development), as well as, the necessary connections and reputational support. Conclusions and prospects of the development. Therefore, analyzing all of the above, the following conclusions should be next: firstly, the functioning of such a new institution in innovation law as business angels is an effective source of stimulating innovation by providing financial and information and communication support to entrepreneurs; secondly, it should be emphasized that further development and implementation in Ukraine requires its own legislation in a special Law of Ukraine.

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BROŽIČ, LILIANA. « EDITORIAL, SECURITY PERSPECTIVES ». CONTEMPORARY MILITARY CHALLENGES 2022, n^o 24/3 (30 septembre 2022) : 11–13. http://dx.doi.org/10.33179/bsv.99.svi.11.cmc.24.3.00.

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This is the title of the third issue in the twenty-fourth volume of the Contemporary Military Challenges. We started from the changes that have taken place over the last few years. We have had in mind the increased migration flows towards the European Union, the experience of the Covid 19 epidemic, the climate change that surprises us time and time again, despite the fact that we are aware of it, and that we are trying to adapt and respond to it accordingly. In March this year, the "Strategic Compass for Security and Defence - For a European Union that protects its citizens, values and interests and contributes to international peace and security" was launched, and at the end of June, the new NATO Strategic Concept. Both with the aim of rethinking, aligning and unifying the way we look at existing security challenges and developing new security perspectives. At the beginning of this year, we were taken by surprise by the Russian Federation's armed attack against Ukraine. Some had predicted it; others only foresaw it. Many were convinced, however, that such a phenomenon was not possible in a modern democratic society. Huntington's theory of a clash of civilisations, which seemed to have outlived its usefulness in modern European society, has become relevant again. A realistic view of the contemporary security, social and political situation in the world and, above all, the crisis of values and the consequent need for unification have encouraged the European Union to aspire to become a global security actor in the international environment. The war in Ukraine is forcing the European Union to act. It has prepared a package of economic measures or sanctions to influence the Russian Federation in terms of expressing its disapproval of its unilateral moves. However, the Member States are not entirely united on how to confront and counter the situation. Without unity, united political positions and united action, the European Union cannot become the global security actor that it has claimed to be in its strategic compass. In this context, it is also worth mentioning its Common Security and Defence Policy, which is first and foremost a policy, and the fact that the European Union does not have its own military capabilities to manage. The Member States have military capabilities, and they spend varying amounts on their defence. Over the last decade, most Member States have been reducing their defence expenditure, despite the fact that it was agreed at the NATO summit in Wales in 2012 that it would amount up to 2% of GDP. Not all Member States of the European Union are members of the Alliance, but there are twenty-one of them that are members of both. Douglas Barrie and his colleagues produced a special report in 2020 on 'European defence policy in an era of renewed great-power competition', which concluded that, assuming that all Member States did indeed spend 2% of GDP on defence, the European Union and its Member States would need ten to fifteen years to be adequately prepared in terms of security capabilities for a possible aggression by a country with the military capabilities of the Russian Federation today. With investments in this area as they are in 2022, it would take twenty years. This leads to the logical conclusion. There are only two ways of stopping the Russian Federation in its territorial and, of course, political ambitions. The first and most appropriate is political, the second military. Since the European Union does not represent a serious opponent in defence and military terms to this large and militarily powerful country, the only way for it to achieve its status as a global security actor is politically. The military conflict in Ukraine is a major test for both the Union and the Alliance. The European Union now has the opportunity to test how strong and credible its ideals, values and beliefs are. Are its senior representatives wise and innovative enough to look beyond economic sanctions to other diplomatic avenues to achieve what they have written in their strategic compass – to be a global player? Time will answer this question. Until then, however, scholars and other experts will be studying the various influences and phenomena in the security domain. Some of them will also share them with the readers of Contemporary Military Challenges. In a time of economic sanctions imposed by the European Union, Tamas Somogyi and Rudolf Nagy focus on the protection of critical infrastructure, of which the financial sector is an important part. In their article Cyber threats and security challenges in the Hungarian financial sector, they explore the security risks facing the banking system in their country. The paper Geostrategic perspectives of Slovenia in a changing world draws on two geopolitical theories by Mackinder and Spykman, who develop their views on the European space. Uroš Tovornik explored Slovenia's geostrategic position on the basis of their theories, focusing on its geopolitical characteristics. He summarised his findings into four possible scenarios, which are determined by these characteristics and from which possible future geopolitical orientations are derived. Olusola Kolawole Oluwagbire explored the influence of the world’s major powers and how this is reflected in the case of each country. Africa, as a very large continent, is made up of many and diverse countries. The influence of the major powers has always been very strong and integral to African life and the security of its people. In his article An assessment of the impact of relations with major powers on national security: Nigeria in perspective, the author presents how this has changed in recent years and how it affects the security of each country in. Mariann Minkó-Miskovics and Csaba Szabó note that there is an inconsistency between European and Hungarian legislation in the field of dual-use regulation, i.e. for civil and defence purposes. Moreover, they are convinced that this inconsistency may pose a security risk. What this means in practice is presented in the article Interpretation of civil vs. military equipment in European case law - EU and Hungary. Jarosław Włodarczyk writes on the importance of a proper understanding of language between different stakeholders in the international military environment. His study focuses on the teaching of English among military personnel in Poland and on those types of words that do not have a direct translation from Polish into English or vice versa. A particular challenge here is how to adequately explain and teach this to military personnel in the educational process. He summarised his findings in his paper The problem of lexical gaps in teaching military English.

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Makhamataminovich, Makhamatov Mahmud. « FEATURES OF THE LABOR LAW OF THE EUROPEAN UNION ». American Journal of Political Science Law and Criminology 03, n^o 01 (1 janvier 2022) : 80–85. http://dx.doi.org/10.37547/tajpslc/volume04issue01-13.

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The article examines the interaction of the national labor legislation of the member states of the European Union with European labor law, the influence of the Labor law of the European Union on the national legislation of the member states, the features of the labor legislation of the European Union, which differ from the legislation of other countries, a comparative analysis of the labor legislation of the Republic of Uzbekistan.

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Intihar Marulc, Ana. « LEGAL CONTRIBUTION TOWARD A GREENER EUROPEAN UNION ». Balkans Journal of Emerging Trends in Social Sciences 5, n^o 1 (30 juin 2022) : 59–67. http://dx.doi.org/10.31410/balkans.jetss.2022.5.1.59-67.

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European Union has a diverse environment and recently the awareness of the importance of sustainable development has increased significantly. Subsequently, the greener and more sustainably oriented narratives have been used in documents and legislation produced by the European Union. The European institutions have established a legal framework to facilitate sustainable investments. Consequently, member states of the European Union have been implementing more sustainably prone legislation, but have chosen different legal approaches on how they will tackle the challenges associated with the adoption of more sustainably prone legislation. One of the successful ways how member states encourage more sustainable choices are tax abatements. This article compares and evaluates the best approaches by member states with better-developed tax abatements for sustainable choices and their results. The findings of this article are that various approaches have been developed and suggest how other countries can mirror proven ways towards improvement.

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Galushko, Dmitriy Viacheslavovich, Natalya Valerievna Oganova, Andrey Leonidovich Belousov, Elena Valerievna Grigorovich et Aleksey Valerievich Sereda. « The EU law and the law of third countries : problems of interaction ». SHS Web of Conferences 118 (2021) : 02003. http://dx.doi.org/10.1051/shsconf/202111802003.

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The article discusses the problems of the interaction process of legal systems of international integration organizations with law of states that are not members of those entities. The research has been conducted on the example of the European Union. The authors conclude that the degree of influence of the international treaties between the EU and third countries on the legal orders of these states differs depending on the level of cooperation between the parties, which is precisely determined by such agreements. The European Union law is the main means of spreading the influence of the European Union on the legal systems of non-member states. Approximation of national legislation with the European Union’s acquis is a consistent process of approximation of the legal system of the state, including legislation, lawmaking, legal technique, law enforcement practice in accordance with the criteria set by the Union. Peculiarities of the legal approximation of law of particular states with law of the European Union are determined by the nature of the relationship between those subjects, by the goals set for such cooperation and fixed in mutual international treaties, as well as by the peculiarities of the state mechanism and the legal system of the respective state. Consequently, regarding European Union – Russia interaction in the field, regulatory engagement can be hardly called as efficient, smooth, and cloudless.

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Delponte, Ilaria, et Paolo Rosasco. « Sustainable mobility and economic sustainability : the case of the new trolleybus line in Genoa ». Valori e Valutazioni 29 (janvier 2022) : 57–78. http://dx.doi.org/10.48264/vvsiev-20212906.

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With over 3.5 billion people currently residing in major cities around the world, the issue of urban mobility is a current issue and is particularly important in European countries where over 75% of the population is concentrated in urban areas. Even today, many of the daily journeys depend on cars and other private motorized vehicles, with a strong impact in terms of air pollution, noise and climate change as in the European Union transport is responsible for a quarter of greenhouse gas emissions. Reducing private transport and making urban transport systems greener and more efficient therefore has important benefits: for the health, climate and prosperity of cities. New models of transport and urban accessibility, increasingly oriented towards environmental sustainability, must therefore be adopted; the choice of the transport solution must be made in relation to not only technical but also economic, social and environmental feasibility. Taking a cue from the Call issued in 2018 by the Ministry of Infrastructure and Transport for the selection of urban mobility proposals that can access the economic resources intended for the enhancement and implementation of rapid mass transport systems provided for by Law no. 232/2016, this contribution deals with the evaluation of three transport proposals hypothesized for the connection between the city center of Genoa (Brignole station) and the district of Prato, along the Bisagno Valley, developed according to the indications contained in the Urban Mobility Plan of the Municipality. In particular, a Cost-Benefit Analysis (CBA) is developed according to the indications given in the Notice and in the Guidelines of the Ministry of Infrastructure and Transport for the evaluation of investments in public works. The objective is to verify the applicability of the CBA tool for assessing the economic and financial sustainability of the solutions analyzed - also in relation to the indications given in the legislation, the transport scenarios configured and the reliability of the results obtained, for the the choice of the transport solution to be adopted. Con oltre 3,5 miliardi di persone che risiedono attualmente nelle grandi città del mondo, il tema della mobilità urbana è una questione attuale ed è particolarmente importante nei paesi europei dove nelle aree urbane si concentra oltre il 75% della popolazione. Ancora oggi, molti degli spostamenti quotidiani dipendono dalle auto e da altri veicoli motorizzati privati, con un forte impatto in termini di inquinamento atmosferico, sonoro e sul cambiamento climatico visto che nell’Unione europea i trasporti sono responsabili di un quarto delle emissioni di gas serra. Ridurre il trasporto privato e rendere i sistemi di trasporto urbani più ecologici e più efficienti presenta quindi dei vantaggi importanti: per la salute, il clima e la prosperità delle città. Nuovi modelli di trasporto e di accessibilità urbana, sempre più orientati verso la sostenibilità ambientale, devono quindi essere adottati; la scelta della soluzione trasportistica deve essere fatta in relazione alla fattibilità non solo tecnica ma anche economica, sociale ed ambientale. Prendendo spunto dal Bando emesso nel 2018 dal Ministero delle Infrastrutture e dei Trasporti per la selezione delle proposte di mobilità urbana che possono accedere alle risorse economiche destinate al potenziamento e alla realizzazione di sistemi di trasporto rapido di massa previste dalla Legge n. 232/2016, il presente contributo tratta della valutazione di tre proposte trasportistiche ipotizzate per il collegamento tra il centro della città di Genova (Stazione Brignole) e il quartiere di Prato, lungo la Val Bisagno, sviluppate secondo le indicazioni contenute nel Piano Urbano di Mobilità del Comune. In particolare è sviluppata l’Analisi Costi-Benefici (ACB) secondo le indicazioni riportate nel Bando e nelle Linee Guida del Ministero delle Infrastrutture e Trasporti per la valutazione degli investimenti in opere pubbliche. L’obiettivo è quello di verificare l’applicabilità dello strumento dell’ACB per la valutazione della sostenibilità economica e finanziaria delle soluzioni analizzate anche in relazione alle indicazioni riportate nella normativa, agli scenari trasportistici configurati e all’attendibilità dei risultati ottenuti, ai fini della scelta della soluzione trasportistica da adottare.

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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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Cyman, D., E. Gromova et E. Juchnevicius. « Regulation of Artificial Intelligence in BRICS and the European Union ». BRICS Law Journal 8, n^o 1 (11 avril 2021) : 86–115. http://dx.doi.org/10.21684/2412-2343-2021-8-1-86-115.

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Global digitization and the emergence of Artificial Intelligence-based technologies pose challenges for all countries. The BRICS and European Union countries are no exception. BRICS as well as the European Union seek to strengthen their positions as leading actors on the world stage. At the present time, an essential means of doing so is for BRICS and the EU to implement smart policy and create suitable conditions for the development of digital technologies, including AI. For this reason, one of the most important tasks for BRICS and the EU is to develop an adequate approach to the regulation of AI-based technologies. This research paper is an analysis of the current approaches to the regulation of AI at the BRICS group level, in each of the BRICS countries, and in the European Union. The analysis is based on the application of comparative and formal juridical analysis of the legislation of the selected countries on AI and other digital technologies. The results of the analysis lead the authors to conclude that it is necessary to design ageneral approach to the regulation of these technologies for the BRICS countries similar to the approach chosen in the EU (the trustworthy approach) and to upgrade this legislation to achieve positive effects from digital transformation. The authors offer several suggestions for optimization of the provisions of the legislation, including designing a model legal act in the sphere of AI.

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Kristoforovic-Ilic, Miroslava. « Water quality : Legislation - our country and European Union ». Srpski arhiv za celokupno lekarstvo 134, Suppl. 2 (2006) : 150–56. http://dx.doi.org/10.2298/sarh06s2150k.

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Water quality and water supply system in our country are primarily related to inadequate environment management in 1990s, due to poor economic situation in the country and insufficient investments. With a view to improve conditions of environment, strategic documents at various levels have been adopted. One of these, water-supply basis for Serbia 2002-2012, was adopted by Government of the Republic of Serbia in 2002, which defined basic strategy for water management. Law on Environment Protection (2004) provides basis and possibility of further applicability of EU directions complying with respective standards. Apparent trend in this field is tendency of setting up certain standards for each purpose (Council Directive 75/440/EEC, Council Directive 76/160/EEC) as well as for some types of water systems (rivers, lakes, ground waters). Our paper presents the most important regulations of the Republic Serbia and EU in the field of water quality management, control of water quality in our country, monitoring, that would, followed by adequate information system, contribute to quality improvement of ambient and drinking waters.

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Timofeyeva, Liliya. « EUROPEAN INTEGRATION CHALLENGES IN THE CRIMINAL LAW POLICY OF UKRAINE IN WAR REGIME ». European Historical Studies, n^o 21 (2022) : 18–27. http://dx.doi.org/10.17721/2524-048x.2022.21.2.

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Ukraine’s European integration direction has led to a set of significant changes in legislation and practice. Obviously, this is a high price, but the war has brought Ukraine closer to joining the European Union than ever before. On February 28, 2022, President Volodymyr Zelensky signed an application for Ukraine’s membership in the European Union. On April 8, 2022, during a visit to Kyiv by the President of the European Commission Ursula von der Leyen, a questionnaire was personally handed over to the Ukrainian side to obtain Ukraine’s candidate status for membership in the European Union. The war in Ukraine showed the effectiveness of European values. It showed their importance not only in the documents, but in concrete steps towards Ukraine’s meeting with European countries, in particular in sanctions against the Russian Federation, its oligarchs, diplomats and high-ranking officials. At the same time, harmonization with the legislation of the European Union still requires comprehensive changes in the legislation of Ukraine, in particular criminal legislation. Moreover, necessity of movement to European values and principles has been identified. Each state is sovereign and unique in the peculiarities of its legal regulation. However European countries are united with the values. The Association Agreement highlights in particular the following values: respect for the rule of law, human rights and fundamental freedoms, non-discrimination, and respect for diversity. The last but not the least, it should be noted that Ukraine has already taken some steps towards such an approximation, but there are still many unresolved issues, including methodological. The draft of the new criminal legislation of Ukraine, which is being developed by the Working Group from 2019, should take into account the peculiarities of European law, but also preserve national peculiarities. European sanctions are not so fast, but over time they will prove effective as a response to war crimes by another state.

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Bungenberg, Marc, et Angshuman Hazarika. « Chinese Foreign Investments in the European Union Energy Sector : The Regulation of Security Concerns ». Journal of World Investment & ; Trade 20, n^o 2-3 (14 mai 2019) : 375–400. http://dx.doi.org/10.1163/22119000-12340136.

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Abstract Energy investments from China have been flowing into the European Union (EU) over the last decade at an increasing rate. Part of these investments are made under China’s Belt and Road Initiative (BRI) and involve Chinese State-owned Enterprises (SOEs). This flow of investments into critical sectors such as energy infrastructure and generation has raised considerable concern over their potential national security implications and prompted the European Commission to prepare new legislation to screen foreign investments in critical sectors, including energy. The new EU regulations complement existing investment screening mechanisms in a number of EU member states, and the application of EU merger control law. This article looks at the different screening and clearance mechanisms which Chinese investments in the energy sector may have to pass in the EU and aims to show how these screening mechanisms are used in practice.

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Vasylieva, Valentyna, et Anatolii Kostruba. « Corporate law in Ukraine within the framework of approaching the European Union standards ». Law Review of Kyiv University of Law, n^o 1 (15 avril 2020) : 181–88. http://dx.doi.org/10.36695/2219-5521.1.2020.37.

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The article is devoted to adaptation of the national corporate law to the law of European Union`s corporations. Special attention has been given to define the legal nature of the corporation. It is concluded that there is no established understanding of the above concepts in national legal science. The main approaches to the corporate legal nature in particular European systems of justice - in FRG, France, England - are considered in depth. Significant differences between the legislation of Ukraine and legislation of the European Union countries based on the history of their development and peculiarities of specific national systems of justice are detected. The regulation of corporate relations in the European Union at supranational level is considered. It is concluded that the European Union supranational law is its corporate law. The priority areas for unification of European corporate law at the supranational level are analyzed. The main instruments to adjust the activities of corporations in EU law are identified to be the Directives aimed at harmonizing and unifying national legislation of EU Member States.

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Bree, Axel. « The Organisation of Waste Management in the European Union Member States ». Journal for European Environmental & ; Planning Law 2, n^o 6 (2005) : 478–89. http://dx.doi.org/10.1163/187601005x00471.

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AbstractThe organisation of waste management raises an important question: Who has access to waste - the public waste management services or private waste management companies ? The answer has important economic consequences, since waste management is a significant market. At the same time, environmental concerns have to be observed. The framework legislation of the European Community leaves the organisational structure of waste management to the national legislation of the Member States. However, under Community legislation waste is subject to the principle of the free movement of goods, which may be restricted on environmental grounds. Furthermore EU law draws a distinction between waste for disposal, for which shipment can be restricted more easily, and waste for recovery, which is subject to less stringent control procedures. Given the broad European framework, this article explores the national legislation in most EU countries. It aims to analyse the approach taken by the national legislators to find a way between public service and private autonomy. In conclusion, it seems clear that in the countries examined an important distinction is made between household and industrial waste. Only Germany has adopted the European distinction between waste for recovery and waste for disposal as a major criterion for the allocation of the waste streams between public and private entities, whereas in the other Member States this criterion only plays an insignificant, if any, role at all.

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Krämer, Ludwig. « Climate change and EU legal initiatives regarding water availability ». Journal for European Environmental & ; Planning Law 6, n^o 4 (2009) : 461–80. http://dx.doi.org/10.1163/161372709x12608898676878.

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AbstractDiscussions on climate change legislation concentrate on measures relating to the emission of greenhouse gases. The present contribution tries to have a look at the impact of water availability within the European Union and to examine the need for EU legislation in this area, starting from the fact that the EU has, until now, not considered water availability to be a topic which deserves specific attention by the Union. The articles points at the serious impact which water scarcity is likely to have in particular, though not exclusively, in Southern European countries and passes in review a number of possible options for EU wide legislation.

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Pankov, Yevhenii, Olha Filipshykh et Dmytro Boichuk. « Problems of the environmental law of the European Union ». Problems of Legality, n^o 155 (20 décembre 2021) : 273–83. http://dx.doi.org/10.21564/2414-990x.155.243720.

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The problem of ecology is one of the most common problems of the twenty-first century. No country is immune: no country has better military equipment, no country with low inflation, no country with “perfect” legislation. The purpose of the article was to clarify legislative issues: European Union legislation was outdated, general and lacking in specificity. To address these problems, this article uses different approaches to the definition of environmental security, which makes it necessary to change the concept and the actions within which the definition is adopted. The article goes on to discuss the position of realists who argue that environmental security cannot be set because of lack of accountability “the importance” of the issue of “high” issues. Thus, the paper refers to the emergence of environmental security and its long path. This article contains the following changes and provisions: Brundtland Committee (1987), Convention on the Conservation of Nature and Natural Habitats in Europe (1979), International Tropical Timber Agreement (1983) as well as the Convention on Long-range Transboundary Air Pollution (1979), the Maastricht Treaty (1992), the Hazardous Substances Directives, the impact of EU measures on the environment and the Animal Protection Directive. In addition, the article exposes Programs designed to ensure and regulate environmental safety. The report of the European Environment Agency was also reviewed and a comparative analysis of the data contained in the report and the British Broadcasting Corporation estimates was made. The authors draw attention to several directives, calling them “triumvirate”, which provide the basis for countries to regulate some environmental legislation. Almost in the end of the paper the authors pay attention to the phenomenon of environmental ethics, which is a consequence of imperfect legislation. In its conclusion, the article states that the problems that arise from the lack of accountability of legal acts of a real environmental situation occur in the member states, taking into account the special case of the European Union.

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Yasynska, Daria. « ENSURING THE EFFICIENCY OF MANAGING THE FINANCIAL AND ECONOMIC SECURITY OF THE ENTERPRISE DURING THE CRISIS ». Three Seas Economic Journal 3, n^o 4 (30 décembre 2022) : 60–65. http://dx.doi.org/10.30525/2661-5150/2022-4-9.

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The purpose of the article is to present effective anti-crisis management measures to bring enterprises out of the crisis situation and improve their financial and economic security. The subject of this study is the financial and economic security of an enterprise during a crisis. Methodology. Using the historical and comparative methods, the author analyzes the events of recent years and analyzes the impact of external factors on the formation of the crisis state of an enterprise. The economic and statistical method made it possible to analyze the scale of damage caused by the Russian Federation to the state of Ukraine during almost nine years of active hostilities in violation of such principles of international law as the principle of non-use of force or threat of force; the principle of sovereign equality of states; the principle of equality and self-determination of peoples; the principle of peaceful settlement of international disputes; the principle of non-interference in the internal affairs of states; the principle of peaceful cooperation; the principle of fulfilling international obligations in good faith; the principle of inviolability of borders; the principle of territorial integrity of states; the principle of universal respect and protection of human rights; and to see what level of crisis the terrorist state of the Russian Federation has spread in the largest country of the European Union, namely Ukraine. Using the philosophical dialectical method, the author analyzes the very phenomenon of crisis in the broad sense of the word and finds a way to respond to the challenges of the crisis. Results. This study assesses the benefits that have contributed to the development of economic relations with countries in Africa, Asia, and Europe. The losses suffered by the Ukrainian economic system due to the destructive processes of the crisis are analyzed. The author examines the peace formula approved by Volodymyr Zelenskyy, which provides for the implementation of measures aimed at shaping peace in the European space and correcting the mistakes made by officials of the terrorist state of the Russian Federation, which led to terrible consequences; the author analyzes the achievements of this peace formula and determines how much benefit and lives it has already brought. The practical significance lies in the definition of reorganization as one of the best anti-crisis management measures that can bring an enterprise out of a crisis. In particular, attention is drawn to the effectiveness of rehabilitation measures that can restore the solvency of an enterprise. In turn, taking into account the established practice of attracting investment capital as a means of improving the economic activity of an enterprise, the author analyzes the risks of losing property and non-property assets in the event of adverse conditions and proposes to create a mechanism for investment guarantees, which consist in preserving assets by the investor in the event of adverse market fluctuations. The scientific novelty lies in the proposal to amend the current legislation to guarantee the safety of the rehabilitation procedure to the investor by mitigating the risk of loss of invested assets in restoring the enterprise's solvency.

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Rizzo, Alfredo. « LEGAL FOUNDATIONS OF THE COMPETENCE OF THE EUROPEAN UNION ON FOREIGN DIRECT INVESTMENTS ». Italian Yearbook of International Law Online 23, n^o 1 (17 novembre 2014) : 131–46. http://dx.doi.org/10.1163/22116133-90230041.

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This article provides a summary of the main legal questions pertaining to the current wording of Articles 206 and 207 of the Treaty on the Functioning of the European Union (TFEU), which deal with the inclusion of Foreign Direct Investments (FDI) within the scope of the EU Common Commercial policy (CCP). It firstly investigates the concept of capital movement as enshrined in the treaties and relevant EU legislation. Next, the article examines how the new reference to FDI within the scopes of the CCP affects the competence of the EU to conclude new Bilateral Investment Treaties (BITs) with third countries. Finally, the article briefly illustrates a recent proposal for a model EU BIT which would make certain areas of investment protection dependent on sustainable development, social and environmental protection and standards of Corporate Social Responsibility (CSR).

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Rochette, Gustavo. « Is the French Nuclear Strategy Lawful Under EU Law ? Article 194(2) TFEU and Its Limitations ». European Energy and Environmental Law Review 29, Issue 6 (1 décembre 2020) : 232–39. http://dx.doi.org/10.54648/eelr2020047.

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The Fukushima Daishii nuclear disaster lead countries to change their nuclear approaches changed drastically. Although being a traditionally pronuclear country, France followed this tendency by approving a strategy to reduce its nuclear portfolio. Under European law this development is permitted by the right to right to determine its own energy mix include in Article 194(2) of the Treaty of Functioning of the European Union. However, other European legislation that may influence this decision was not considered. This legislation may limit this right and the policy by itself. This article tries to show how, although possible due to the right to determine its own energy mix, the French nuclear strategy may be unlawful under the EU law, namely the European Atomic Energy Community Treaty and the primary and secondary legislation regarding Security of Energy Supply. Nuclear Energy, French Nuclear sector, European Union, Energy mix, TFEU, Euratom, Energy Security, European Energy policy

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Bezverkhyi, Kostiantyn. « Accounting in Ukraine : implementation of the European Union directives ». Herald of Ternopil National Economic University, n^o 1(87) (30 janvier 2018) : 136–51. http://dx.doi.org/10.35774/visnyk2018.01.136.

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The study focuses on changes made to the Law of Ukraine “On Accounting and Financial Reporting in Ukraine” for the purpose of implementing accounting standards to the European Union directives. The object of the research paper is accounting in Ukraine. The purpose of the study is to analyze the current state and development trends of accounting in Ukraine in the context of the implementation of European legislation. Research methods such as analysis, synthesis, induction, deduction, abstraction, idealization and generalization are used to analyze the changes introduced into the Law of Ukraine “On Accounting and Financial Reporting in Ukraine”. Today, Ukraine is moving actively towards the implementation of European legislation into domestic practice, including standards of accounting and financial reporting. Successful implementation of European legislation into domestic accounting practice, first and foremost, requires clarification of differences in accounting and financial reporting. The amendments made to the Law of Ukraine “On Accounting and Financial Reporting in Ukraine” will promote harmonization of national legislation in the field of accounting and financial reporting with the legislation of the European Union countries and the International Financial Reporting Standards. The changes introduced will provide the basis for raising accounting and financial reporting in Ukraine to a qualitatively new level that will enable effective management decision- making by domestic business entities. The results obtained are the basis for accounting and financial reporting in Ukraine, in accordance the norms of the European Union directives. The research results may be used all economic entities in Ukraine in different sectors of the economy.

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STAVSKA, Yulia. « THE GREEN TOURISM AS A DIRECTION OF DEVELOPMENT OF RURAL AREAS ». "EСONOMY. FINANСES. MANAGEMENT : Topical issues of science and practical activity", n^o 1 (41) (janvier 2019) : 83–95. http://dx.doi.org/10.37128/2411-4413-2019-1-7.

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Ukraine, choosing its strategic course of integration into the European Union, took the time to accelerate the reform of various spheres of socio-political and economic life of the country, in particular, the sphere of tourism services, transforming it into the standards of the European Union. The world-wide experience of progressive management gives tourism the first place among other sectors of the economy in terms of exports of goods and services. In conditions of development of the Ukrainian state, tourism becomes an effective means of forming a market mechanism of management, the receipt of significant funds to the state budget, one of the forms of rational use of free time, conducting meaningful leisure, studying the history of the native land, attracting the general population to the knowledge of the historical and cultural heritage. Current experience and scientific research show that accelerated development of rural green tourism can play the role of a catalyst for structural adjustment of the economy, provide demographic stability and solve urgent socio-economic problems in rural areas. It is important for Ukraine to overcome the gap in this area and realize the existing rich tourism potential through an elaborate policy of state regulation, including at the regional level. One of the reasons for the rapid development of rural green tourism in Europe is the crisis in the agricultural sector. Today, the process of productivity and automation of agriculture leads to jobs reduction. In fact, in many rural regions of Europe, agriculture has ceased to be the most important form of land use and the most important activity of the rural community. The rural green tourism is closely linked with other types of tourism, primarily with recreational, cultural, specialized tourism types – relief, gastronomy, ethno-tourism, etc. All this allows rural tourism to be included in combined tours, increasing the demand for a traditional tourist product. The rural green tourism in Ukraine is a holiday of the inhabitants of the city in the countryside in guest rooms created by a village family on the basis of its own residential house and private plot. As entrepreneurial activity, rural green tourism develops rather heterogeneously in different regions of Ukraine. Systematization of motivational interests of the rural green tourism activation in the regions of Ukraine showed that the dominant motives for diversification of activities in agricultural sector in the current conditions of rural areas development are: increase of incomes of rural population and increase of employment level, the possibility of diversification of income sources of peasants, significant investments and additional training, opportunities for self-realization of rural inhabitants. Priority directions of development of green tourism in these regions in the near future should be: reception and accommodation of tourists; rental of tourist equipment; production and sale of tourist goods of folk crafts; provision of tourist services (bicycle, gastronomy, agrotourism, cultural and historical tourism, organization of recreational recreation, mountain and ecological tourism); organization of tasting and culinary excursions; active development of the hotel business, camping (construction of agricultural cottages, fishing houses, farmhouses, horse farms); organization of historical and ethnographic events; distribution of religious tours; providing a complex of widely distributed services (fishing, hunting, picking berries and mushrooms, medicinal plants, etc.); development and popularization of water sports (kiting, windsurfing). The research of the current conditions for the development of green tourism in the regions of Ukraine allowed to outline the area of the key problems that hinder the active expansion of this type of activity: - disorderly legislation on key aspects of tourism business regulation in rural areas; lack of a law regulating this type of activity; - low level of development of the infrastructure of the market of green tourism services and social infrastructure of the village; - outdated stereotypes of rural residents, which hinder the active development of the newest types of tourism industry, the pronounced unsystematic and irregular nature of services; - absence of state programs supporting development of green tourism and limited amount of their financial, consulting and information-marketing support; - low level of informatization and popularization of green tourism in the regions of Ukraine among the population of European countries; - lack of political stability and social tension in society, deterioration of the world image of Ukraine. Thus, Ukraine has a rather powerful potential for the development of green tourism as an alternative type of agribusiness in the regions of Ukraine. In the context of modern economic conditions, solving key problems of development of green tourism forms the fundamental framework for addressing the most important socio-economic issues of rural areas: overcoming unemployment, promoting employment, raising incomes and quality of life for rural inhabitants.

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Jessurun d’Oliveira, Hans Ulrich. « Iberian Nationality Legislation and Sephardic Jews ». European Constitutional Law Review 11, n^o 01 (mai 2015) : 13–29. http://dx.doi.org/10.1017/s1574019615000036.

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Proposal to grant Spanish nationality to Sephardic Jews – History of Sephardic Jews in Iberia – Sephardim and the Portuguese nationality code – The EU and the nationality laws of the member states – Impact of Union law on the acquisition of Iberian nationalities by Sephardic Jews – European Convention on Nationality – Sephardim from third countries –Micheletti – Nottebohm

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Kuznetsov, A. V. « Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic ». Sociology and Law, n^o 4 (31 décembre 2020) : 92–97. http://dx.doi.org/10.35854/2219-6242-2020-4-92-97.

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The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.

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Kuznetsov, A. V. « Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic ». Sociology and Law, n^o 4 (31 décembre 2020) : 92–97. http://dx.doi.org/10.35854/2219-6242-2020-4-92-97.

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The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.

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Lazarenko, Mykola. « Systematization of private international law in Ukraine and foreign countries : present state and tendencies ». Ukrainian Journal of International Law 3 (30 septembre 2020) : 122–28. http://dx.doi.org/10.36952/uail.2020.3.122-128.

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Systematization of private international law in Ukraine and foreign countries: present state and tendencies.The article deals with the comparative legal analysis of the systematization of the statutory provisions of private international law in the countries of the European Union and some countries of the former Soviet Union. The main arguments regarding different approaches to the systematization of private international law in Ukraine are outlined, as well as the main directions and tendencies of the codification processes of legislation in this area.

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Лазарева, Наталья, et Natalya Lazareva. « HISTORY OF CRIMINAL LEGISLATION DEVELOPMENT IN SLOVAKIA ». Journal of Foreign Legislation and Comparative Law 1, n^o 5 (2 décembre 2015) : 0. http://dx.doi.org/10.12737/16140.

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The subject of this research is criminal legislation of the Slovak Republic since the merge of Slovakia in the AustroHungarian Empire (XIX century) to the present day. The article analyzes the emergency criminal legislation of the World War II period, the socialist Criminal Codes of the Czechoslovak Republic (1950, 1961) and the existing Criminal Code of the Slovak Republic of 2005. The article also touches upon the country’s constitutional development on the example of the adopted Constitutions of the Czechoslovak Socialist Republic (1948, 1960) and the Constitution of the Slovak Republic (1992). The author pays special attention to the integration of Slovakia into the European legal framework when it became a member of the European Union in 2004. The article also contains comparative analysis of the main institutions of the criminal law in Russia and Slovakia. During the research the author used the following special methods: historical, logical, and comparative law method, which includes a variety of techniques (doctrinal, regulatory, functional comparison). As opposed to the criminal law of other European Union countries, the Slovak criminal law has remained practically unexplored by the Russian criminal law doctrine. But it is very unique because it comprises the combination of Austrian, German and Russian criminal law ideas which is conditioned by historical peculiarities of this state’s development. On the example of Slovakia, the author demonstrates possibility of combining the national legal legacy and directives of the European Union.

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Putkonen, Hanna, et Birgit Vollm. « Compulsory psychiatric detention and treatment in Finland ». Psychiatric Bulletin 31, n^o 3 (mars 2007) : 101–3. http://dx.doi.org/10.1192/pb.bp.106.009472.

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Despite efforts to integrate and harmonise legislation across the member states of the European Union (EU), mental health legislation, including legislation for the detention and treatment of offenders with mental disorders, differs widely across Europe. With changes to the Mental Health Act 1983 in the UK currently underway, investigating the different approaches to compulsory psychiatric care in other countries can be a stimulating and worthwhile exercise. We explored the Finnish mental health law with regard to compulsory admission and treatment and forensic care. Relevant differences between the Finnish approach and legislation in other European countries will be discussed.

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A. Tursynkulova, Dinara, Ainur A. Urisbayeva, Aigul M. Karatayeva, Gulnura A. Khudaiberdina et Yerik B. Akhmetov. « Modern features of law institutions of the European Union ». RIVISTA DI STUDI SULLA SOSTENIBILITA', n^o 1 (août 2020) : 441–58. http://dx.doi.org/10.3280/riss2020-001026.

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The role of the European Union is to understand its legal nature through the struc-tural composition and distribution of powers between the EU institutions, as well as to study the forms and methods of their activities. It is important not only from the standpoint of the participating States, but also in the interests of countries that are not part of the European Union and build their relations with it on the basis of bilateral agreements. The aim of the article is to analyze the modern features of law institutions of the European Union. Legal analysis of such institutions of the European Union as the European Parliament, the European Commission and the EU Court is becoming important condition for the development of international cooperation. This article is devoted to the legal analysis of such institutions of the European Union as the European Parliament, the European Commission and EU Court that participate in the implementation of its tasks and functions, act on its behalf, have the appropriate competence and structure, are endowed with found-ing treaties and legislation of the Union of certain amount of power and apply their inherent forms and methods of activity.

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KHRIDOCHKIN, Andriy. « Features of legal support of public administration procedures in the field of intellectual property in the countries of the European Union ». Scientific Bulletin of Flight Academy. Section : Economics, Management and Law 6 (2022) : 131–37. http://dx.doi.org/10.33251/2707-8620-2022-6-131-137.

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Abstract. The article deals with the peculiarities of public administration in the field of intellectual property and the conceptual foundations of its procedures in the countries of the European Union. The conceptual foundations of the formation and development of public administration procedures in the field of intellectual property in the countries of the European Union are revealed. The pluralism of approaches to determining public administration procedures in the field of intellectual property in the European Union countries is analyzed. The legal framework of public administration procedures in the field of intellectual property in the countries of the European Union is presented. A modern analysis of the legislation of the European Union for the Protection of Intellectual Property Rights, including: copyright and related rights; protection of rights to inventions; utility models; industrial designs; brands; geographical indications; branded names; plant varieties; layout of semiconductor products; commercial secrecy; as well as legislation on civil law and customs ways to protect intellectual property rights in the European Union, the practice of application. It is established that in the national legal systems of European countries the regulation of public relations in the field of intellectual property is given considerable attention. At the same time, neither universal international treaties nor national legal regulation in the field of intellectual property can ensure the effectiveness of legal protection of the results of intellectual creative activity. The acts of the European Communities on Public Administration in the field of intellectual property are analyzed. The process of improving public administration procedures in the field of intellectual property in the countries of the European Union is analyzed and the legal framework of this process is presented. The conclusion was made on the relevance of the study of problems of public administration in the field of intellectual property in the countries of the European Union. Key words: European Union, Intellectual Property, Intellectual Property Right, Procedure, Public Administration, Community Court, European Communities, Intellectual Property Sphere.

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Shestak, Viktor, Sergei Katsuba, Tatiana Kvasnikova et Yuri Bokov. « Liability for Violation of Environmental Legislation in the EU ». European Energy and Environmental Law Review 30, Issue 1 (1 mars 2021) : 9–19. http://dx.doi.org/10.54648/eelr2021002.

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The purpose of this study is to determine the ratio of the legislative mechanisms of administrative and criminal liability for violation of environmental legislation in the legal system of the European Union. Using the methods of political and legal analysis, the comparative legal method and the structure designmethod, the study examines the features of the formation and structure of EU legislative mechanisms in the field of legal regulation of liability for violations of environmental legislation. At the same time, existing problems faced by legislators from the point of view of law enforcement practice in different countries of the European Union are also considered. In the EU, considerable attention is paid to the vector of environmental protection at the supranational level, as well as to the implementation of the acquis communautaire of the environmental legislation into national legislative norms. Nevertheless, the institutions of the European Union have not yet been able to fully achieve complete uniformity with regard to the established environmental liability regime and, accordingly, overcome the difficulties associated with the effective interaction of EU legislation and the realities of national legal systems. At the same time, in European law enforcement practice, administrative measures in matters of environmental responsibility are given preference over measures of criminal responsibility. To date, as evidenced by the study, EU legislators adhere to the position regarding the assignment of criminal prosecution obligations to the national authorities, which is due to the flexibility of law enforcement measures. environmental damage, environmental law, environmental legislation, environmental protection, environmental responsibility, European Union, supranational policy

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Lukasevych-Krutnyk, Iryna. « The concept and methods of harmonisation of the private law legislation of ukraine in the field of provision of transport services with the legislation of the European Union ». Journal of the National Academy of Legal Sciences of Ukraine 27, n^o 2 (28 juin 2020) : 91–106. http://dx.doi.org/10.37635/jnalsu.27(2).2020.91-106.

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The article is devoted to the harmonisation of private law legislation of Ukraine in the field of transport services with the legislation of the European Union. The purpose of the study is to formulate the concept and determine the main ways to harmonise the private law of Ukraine in the field of transport services with the legislation of the European Union. The main method of scientific work is the method of legal analysis, the use of which made it possible to identify possible ways to harmonise national legislation in this area to European standards. Based on the analysis of the norms of national legislation and the legislation of the European Union, the terms “harmonisation”, “adaptation” and “approximation” were distinguished. It was proposed to understand the harmonisation of private legislation in the field of transport services with the legislation of the European Union as the process of adjusting Ukrainian legislation on the basis of EU legislation, in particular directives and regulations, in order to bring national legislation in line with their provisions. According to the results of the study, the harmonisation of private law of Ukraine in the field of transport services with EU law occurs in three ways, namely: 1) Ukraine's accession to international regulations in force in the EU, or the signing of bilateral agreements on cooperation in in the field of providing transport services with EU countries; 2) development and adoption of regulatory legal acts of Ukraine in the field of transport services, which take into account the provisions of EU law; 3) implementation into national legislation of the provisions of EU regulations and directives by making changes and additions to the current regulations of Ukraine. The practical significance of the research results is that the theoretical provisions and conclusions can become the basis for further research on the legal regulation of contractual relations for the provision of transport services in the context of European integration processes. The materials of the article can be used in the educational process for the preparation of educational and methodological support and teaching of relevant topics in terms of training courses in civil, contract and contract law, as well as special civil disciplines

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Marchuk, M., et L. Gudz. « Local elections in the European Union and Ukraine : comparative characteristics ». Uzhhorod National University Herald. Series : Law, n^o 70 (18 juin 2022) : 119–23. http://dx.doi.org/10.24144/2307-3322.2022.70.16.

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The article provides a comparative analysis of the electoral legislation of the EU countries and Ukraine at the local level and on the basis of this analysis, the proposals to improve the electoral legislation of Ukraine take into account the experience of the European Union. The main forms of direct democracy in most EU member countries and Ukraine are fixed at the constitutional level, and the procedure of preparing and holding elections is regulated by special election laws. Domestic electoral legislation is overloaded with detailed norms of procedural aspects, unlike the legislation of EU countries, in which much more attention is paid to the issues of transparency of party financial funds and transparency of election campaign financing, as well as protection of national minorities’ interests. The main ways of exercising the right to vote not at the place of inclusion in the voter lists in the EU member states were characterized: voting by absentee ballots at specially designated polling stations, voting on the territory of diplomatic and consular missions, voting by mail, proxy voting, mobile voting, voting via the Internet, distance voting. It is noted that the norms in which the institution of a cash deposit is enshrined are discriminatory since they violate the principle of equality of suffrage and create a situation in which candidates are excluded from the political arena on the basis of the property criterion. Relevant for EU countries is the adoption of measures to create appropriate conditions for the full implementation of the principle of equality of citizens before the law, in particular, to overcome the actual inequality of opportunities between women and men. In order to bring Ukrainian legislation in line with international standards set by the European Union, we propose: to grant the right to vote in local elections to citizens of other states or stateless persons who permanently reside on the territory of the respective territorial community and permanently pay local taxes and fees have common local interests related to everyday life, infrastructure, communication, recreation; to introduce electronic voting; not to apply the institution of cash deposit at the local level; to introduce individual (party) gender quotas, following the French example.

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Martirosyan, Diana G. « LEGAL LABOR MIGRATION REGULATION FROM THIRD COUNTRIES UNDER EUROPEAN UNION LAW ». SCIENTIFIC REVIEW. SERIES 1. ECONOMICS AND LAW, n^o 1 (2022) : 121–31. http://dx.doi.org/10.26653/2076-4650-2022-1-09.

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The article deals with the EU legal framework in the sphere of regulation of legal labor migration of citizens from third countries. In recent years this issue has become one of the most discussed in the European Union due to the migration crisis and the development of geopolitical transformations. By examining the relevant provisions of primary and secondary EU law, especially certain provisions of EU secondary legislation, as well as the case law of the Court of Justice of the European Union (hereinafter — CJEU), the author concludes that the European Union institutions and competent authorities need to change their approach when it comes to labor market needs. The migration crisis of 2015-2019 has shown the need to develop and further adopt a common migration policy at the supranational level, with particular attention to the regulation of labor migration. Details on improving and developing a program for the integration and assimilation of migrants in host countries are extremely important. There is also a need to develop online platforms and tools to help potential migrants better integrate, which could be similar to the European Job Mobility Portal (EURES). Particular attention needs to be paid to the implementation of European law at the supranational level, as individual countries complicate administrative and bureaucratic regulation in order to reduce the flow of migration into their countries. In general, despite some progress in the development of EU migration law, there is a need to improve it in order to bring it into line with the reality of migration regulation.

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Zavadska, Anhelina. « Legal tendencies of startup regulation in the EU ». Law and innovations, n^o 3 (35) (21 septembre 2021) : 112–18. http://dx.doi.org/10.37772/2518-1718-2021-3(35)-15.

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Problem setting. The development of information and communication technologies, digitalization of society, the transition of consumers to the sphere of electronic interaction with the seller of goods, services, works causes the need for legal support for the effective development of innovative sectors of the economy. At the same time, first of all, it is necessary to take into account the needs of innovative newly created business entities - startups, the legal nature and specifics of which do not have a common understanding in Ukraine and abroad. At the same time, startups are the main "consumers" of grant proposals and contribute to attracting additional investment, including foreign, in the economies of individual countries. That is why the European Union (hereinafter - the EU) in its policy in 2021 has set a course to maximize the incentive to establish startups in the EU as people already living in Member States and immigrants from third countries, because it is from the level of innovative entrepreneurship depends on the economic stability and potential of the future of the state. Analysis of resent researches and publications. Recent research and publications on the subject. Scientists such as S. Blank, J. Guzman., S. Stern., S. Glibko, K. A. Karbovska, TV Kotyai, L. Gulyaeva, L. Zhuk and others. The target of research is to conduct a comprehensive analysis of legal trends in the development of startups in the EU and compliance with these trends in regulations and law enforcement practices of Ukraine. Article’s main body. Today in the EU the signing of the Declaration "Startup Nations Standard" is in the final stage. By analyzing the content of this Declaration, at an early stage of development of startups it is possible to identify the following vectors of development of legal regulation of EU countries: 1) fast state registration of the startup (as a general rule - 1 day, however, in exceptional cases related to the need for additional checks - no more than a week); 2) the cost of administrative services related to registration may not exceed 100 EUR. 3) availability of effective support services for startup founders; 4) the existence of a single web portal, which has all the relevant legal information on the registration procedure, administrative fees and funding opportunities; 5) availability of electronic support system, including from other EU countries; 6) recognition of legal documents of other EU countries as confirmation of startup registration. The same Declaration provides for cooperation with non-EU countries, which includes, on the one hand, an accelerated procedure, visa issuance for persons planning to register a startup in an EU member state, which can be achieved by having a startup partner from the state. EU, or the presence of such a founder of relevant experience in conducting innovative business, and on the other - to encourage the return to the EU of startups whose founders emigrated to other countries. In addition, it is declared to reduce the tax burden and simplify administrative procedures, in order to implement the guiding principle of supporting EU business - "Think Small First". As of March 2021, the Declaration of Startup Nations Standard has been signed by 24 EU member states and only 3 countries are refraining from signing: Hungary, Bulgaria and Croatia. Conclusions and prospects of the development. The leading trends in the development of EU legislation are to simplify the procedure and "reduce" the cost of state registration of startups, digitalization of communication between their founders and government agencies, promoting a single web portal that takes into account all relevant information necessary for registration and operation of startups. about available administrative services, their cost, term of granting, actual grant offers and means of state support, etc.). Compared to the analyzed EU member states, Ukraine generally meets the requirements of the Declaration "Startup Nations Standard" on the speed and cost of state registration of startups, as well as the publication of relevant information for founders on the list of required documents and details of services. At the same time, information support for startups needs to be improved in terms of the functioning of a single web portal with up-to-date data on the opportunities for startups to receive support and other legal information necessary for their activities.

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Zavadska, Anhelina. « Legal tendencies of startup regulation in the EU ». Law and innovations, n^o 3 (35) (21 septembre 2021) : 112–18. http://dx.doi.org/10.37772/2518-1718-2021-3(35)-15.

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Problem setting. The development of information and communication technologies, digitalization of society, the transition of consumers to the sphere of electronic interaction with the seller of goods, services, works causes the need for legal support for the effective development of innovative sectors of the economy. At the same time, first of all, it is necessary to take into account the needs of innovative newly created business entities - startups, the legal nature and specifics of which do not have a common understanding in Ukraine and abroad. At the same time, startups are the main "consumers" of grant proposals and contribute to attracting additional investment, including foreign, in the economies of individual countries. That is why the European Union (hereinafter - the EU) in its policy in 2021 has set a course to maximize the incentive to establish startups in the EU as people already living in Member States and immigrants from third countries, because it is from the level of innovative entrepreneurship depends on the economic stability and potential of the future of the state. Analysis of resent researches and publications. Recent research and publications on the subject. Scientists such as S. Blank, J. Guzman., S. Stern., S. Glibko, K. A. Karbovska, TV Kotyai, L. Gulyaeva, L. Zhuk and others. The target of research is to conduct a comprehensive analysis of legal trends in the development of startups in the EU and compliance with these trends in regulations and law enforcement practices of Ukraine. Article’s main body. Today in the EU the signing of the Declaration "Startup Nations Standard" is in the final stage. By analyzing the content of this Declaration, at an early stage of development of startups it is possible to identify the following vectors of development of legal regulation of EU countries: 1) fast state registration of the startup (as a general rule - 1 day, however, in exceptional cases related to the need for additional checks - no more than a week); 2) the cost of administrative services related to registration may not exceed 100 EUR. 3) availability of effective support services for startup founders; 4) the existence of a single web portal, which has all the relevant legal information on the registration procedure, administrative fees and funding opportunities; 5) availability of electronic support system, including from other EU countries; 6) recognition of legal documents of other EU countries as confirmation of startup registration. The same Declaration provides for cooperation with non-EU countries, which includes, on the one hand, an accelerated procedure, visa issuance for persons planning to register a startup in an EU member state, which can be achieved by having a startup partner from the state. EU, or the presence of such a founder of relevant experience in conducting innovative business, and on the other - to encourage the return to the EU of startups whose founders emigrated to other countries. In addition, it is declared to reduce the tax burden and simplify administrative procedures, in order to implement the guiding principle of supporting EU business - "Think Small First". As of March 2021, the Declaration of Startup Nations Standard has been signed by 24 EU member states and only 3 countries are refraining from signing: Hungary, Bulgaria and Croatia. Conclusions and prospects of the development. The leading trends in the development of EU legislation are to simplify the procedure and "reduce" the cost of state registration of startups, digitalization of communication between their founders and government agencies, promoting a single web portal that takes into account all relevant information necessary for registration and operation of startups. about available administrative services, their cost, term of granting, actual grant offers and means of state support, etc.). Compared to the analyzed EU member states, Ukraine generally meets the requirements of the Declaration "Startup Nations Standard" on the speed and cost of state registration of startups, as well as the publication of relevant information for founders on the list of required documents and details of services. At the same time, information support for startups needs to be improved in terms of the functioning of a single web portal with up-to-date data on the opportunities for startups to receive support and other legal information necessary for their activities.

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Tashian, Roman I., Bohdan P. Karnaukh et Iryna O. Dzera. « Trends in the Development of Property Law : The Civil Law of Ukraine and the Experience of European Union Countries ». Global Journal of Comparative Law 10, n^o 1-2 (25 juin 2021) : 91–104. http://dx.doi.org/10.1163/2211906x-10010008.

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Abstract The article deals with the problems of the development of property law in the legislation of Ukraine considering the experience of the countries of the European Union (EU). It is emphasised that the development of property law of Ukraine is determined primarily by the European tendencies of harmonisation, convergence and Europeanisation of the rights of EU Member States. The scientific doctrine of EU countries in the field of development and improvement of property law has been researched. The authors extrapolate the experience of regulation of property law in the EU countries on the development of the legal system of Ukraine. The principles of European property law are analysed: these are the principles of specificity, openness and transparency. It is concluded that recognising the existence of an EU system of substantive law will allow introducing appropriate substantive remedies that can successfully exist in addition to legal obligations.

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Barskyy, V. R., et D. Yu Dvornichenko. « HARMONIZATION OF UKRAINIAN AND EUROPEAN UNION LEGISLATION ON THE PROTECTION OF THE RIGHTS TO GEOGRAPHICAL INDICATIONS : BACKGROUND, SITUATION AND PROSPECTS ». Constitutional State, n^o 42 (7 juillet 2021) : 115–24. http://dx.doi.org/10.18524/2411-2054.2021.42.232407.

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The article is devoted to the issue of harmonization of the legislation of Ukraine and the European Union on geographical indications. The study of the influence of the European experience in the field of protection of geographical indications is explained by the systemic reform of this institution in Ukraine. The protection of geographical indications is becoming increasingly important in the context of a gradual increase in trade between Ukraine and the European Union. Based on the analysis of the correlation of the EU law with the legislation of its member-states in the field of protection of geographical indications, a forecast of the development of this legal field in Ukraine is provided and the current tasks related to its revision and development are determined. The system of protection of geographical indications of the European Union is constantly adapted to the needs of the market. Current trends in its development include the gradual merging of the sovereignty of member states in the field of intellectual property protection, which in the long run may lead to the disappearance of relevant areas of national legislation of individual countries. Therefore, Ukraine must adapt to this trend as soon as possible at the legislative level. The ratio of sources of national legislation of Ukraine and acts of the European Union indicates that the latter significantly affect the development and functioning of the relevant legal field of Ukraine. Firstly, the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, is an element of the national legal system and can be directly applied to the relevant legal relationship. Secondly, the acts of the European Union on the protection of geographical values determine the directions and parameters of the development of national legislation of Ukraine in the relevant field. In particular, the harmonization of the legislation of Ukraine to the European Union standards on geographical indications has led to amendments to the Civil Code, Economic Code and the adoption of a new version of the law “On legal protection of geographical indications”.

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Cherneha, Vitalii, Iryna Hrytsai, Tetiana Tarasevych, Viktor Savchenko et Hanna Krushelnytska. « Rights of a child born through the use of assisted reproductive technologies in the EU countries and Ukraine ». Revista Amazonia Investiga 11, n^o 53 (4 juillet 2021) : 101–10. http://dx.doi.org/10.34069/ai/2022.53.05.10.

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This article aims to identify the features of the European Union and Ukraine legislation on the rights of children born through reproductive technologies and the practice of its application. To achieve this goal, first of all, an analysis of an array of sources in the field of the rights of children born with the help of reproductive technologies was carried out. The paper compares the legislation and practice of the European Union and Ukraine regarding the rights of children born with the use of reproductive technologies, which was achieved through comparative law. The historical-legal method has made it possible to outline the changes that have taken place in the approaches to the rights of children born with the help of reproductive technologies in countries whose legislation and practice have been specially studied. The synthesis method was applied, which helped to form a comprehensive vision of the rights of children born with the help of reproductive technologies in the European Union and Ukraine countries. The direction of research on ensuring and guaranteeing the right to life of children born with the help of reproductive technologies is promising.

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