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1
Novradova-Vasiliadi, S. M. « Experience in Improving Legislation on Working Hours in the European Union and Selected Countries ». Actual Problems of Russian Law, no 7 (1 juillet 2018) : 153–60. http://dx.doi.org/10.17803/1994-1471.2018.92.7.153-160.
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The article examines the legislation on working hours in the European Union. The author analyzes the fundamental acts regulating working hours within the European Union. Particular attention is given to the analysis of norms directly related to the working time regime enshrined in the European Social Charter, the Charter of the European Union and the Directive of the European Parliament and Council. The article carries out a comparative legal analysis, considers provisions for the regulation of the institution of working hours common for all Member States, which represent the minimum level of guarantees of workers' rights that each EU country must respect. The problems of regulation of labor legislation on working hours in the EU countries (cases of Germany and Greece) are studied. In addition to the standard working hours, the author identifies non-standard working time regimes in the labor legislation of the countries of the European Union. After studying the legislation on working hours of the EU countries, the author makes final conclusions.
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Burdanova, Anna S. « Constitutional social rights in the countries of the European Union. Theoretical provisions and problems of implementation ». Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, no 3 (25 août 2021) : 329–39. http://dx.doi.org/10.18500/1994-2540-2021-21-3-329-339.
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Introduction. Social rights belong to the second generation of human rights and freedoms, they ensure social security, all-round development of the individual. They are widely represented in the national legislation of the countries of the European Union, primarily in the relevant legislation. However, the same cannot be said about constitutional law, which is associated with different approaches of legal scholars and proven practices in the legal regulation of the implementation of social guarantees in a particular state. The methodological basis of the work was formed by general scientific and special legal research methods. Theoretical analysis. In the scientific European literature there is no single approach to the definition of basic social rights, their essence, types, legal consequences. Moreover, there are fundamentally opposite points of view about the need for their recognition and consolidation at the constitutional level. Thus, the discussion is on in individual states and the European Union as a whole. In the legal doctrine of a number of countries, for example Germany, broad and narrow approaches are used to define social rights. At the same time, at the pan-European level, a broad approach is mainly used, which draws attention to the presence of social guarantees in the Constitutions and, accordingly, state target programs of a social orientation. Empirical analysis. In general, the Constitutions of the EU countries enshrine certain social rights, which may differ in the actual form of their expression in constitutional acts. This form depends on legal approaches, traditions, historical path, economic and political experience of the state. Meanwhile, the point of view about the need to recognize social rights at the highest level, despite the existing criticism, became decisive during their subsequent inclusion in the Charter of Fundamental Rights of the European Union. Results. The working document of the European Parliament distinguishes between three systems for integrating social rights into the Basic Law: liberal (for example, Austria), moderate (for example, Germany) and southern European (typical of Spain, Italy, Portugal, Greece). At the same time, the comparison shows that for the realization of the rights of the second and third generations, constitutional consolidation is not enough; a socio-political consensus is needed, reflected through the normative legal acts adopted by the legislative body. In the European Union, attempts are being made to expand social guarantees, which face the rejection of the concept of unification of social rights by individual member states.
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Monedero, Pablo José Abascal. « Family Laws in the European Union ». Socialinė teorija, empirija, politika ir praktika 19 (16 septembre 2019) : 87–94. http://dx.doi.org/10.15388/stepp.2019.13.
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EU social policies should be complemented by contributing to a harmonious development of society, by reducing structural and regional imbalances, developing a balance between the a localized community and the national society, and improving the living standards of citizens and families of member states (Garrido 2002). Such important social policy principles as freedom and justice are addressed and represented in family laws in the EU regulations introduced during the period of 2000–2016. In this article, we studied the EU’s legal solutions in reference to national (Spain) laws on these matters: children and parental responsibility (adoption, child abduction, family benefits) and couples (matrimonial, regimes, prenuptial agreements, provisional measures). This legislation is necessary in the face of the proliferation of families whose members have different nationalities, and even in the mobilization of residences. Cooperation has intensified between national judicial authorities to ensure that legal decisions taken in one EU country are recognized and implemented in any other. This is highly important in civil cases, such as divorce, child custody, maintenance claims, or even bankruptcy and unpaid bills, when the individuals involved live in different countries. The development of family laws is one of the most important factors of family welfare in European countries.
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Movchan, Roman, Oleksandr Dudorov, Andrii Vozniuk, Vitalii Areshonkov et Yuriy Lutsenko. « Combating commodity smuggling in Ukraine : in search of the optimal legislative model ». Revista Amazonia Investiga 10, no 47 (17 décembre 2021) : 142–51. http://dx.doi.org/10.34069/ai/2021.47.11.14.
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The purpose of the paper is to identify optimal legislative model of criminal law counteraction to commodity smuggling in Ukraine, taking into account experience of foreign countries, primarily the European Union. The following research methods have been used to study criminal legislation, prove hypotheses, formulate conclusions: comparative law, system analysis, formal logic and modeling methods. Taking into account the achievements of criminal law science, materials of law enforcement practice, he results of sociological surveys and based on the analysis of accompanying documents to the relevant bills, social conditionality of criminalization of smuggling of goods have been clarified. Foreign experience of criminalization of commodity smuggling in the legislation of the European Union has been investigated. Legislative initiatives in this area have been critically considered. Major attention in this aspect has been paid to the shortcomings and debatable provisions of the draft law “On Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine on the Criminalization of Smuggling of Goods and Excisable Goods and Inaccurate Declaration of Goods” (Registration # 5420 of April 23, 2021). Author’s proposals on the relevant improvements of criminal legislation have been put forward and substantiated.
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Gwoździewicz, Sylwia. « THE MINORS IN PENAL SYSTEMS IN SELECTED COUNTRIES OF THE EUROPEAN UNION ». International Journal of New Economics and Social Sciences 1, no 1 (30 juin 2015) : 0. http://dx.doi.org/10.5604/01.3001.0010.3758.
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In foreign jurisdictions, various models of responsibility for juvenile offenses are adopted. In many countries, like Poland, entirely separate regulations in this field are adopted (England and Wales, Austria, Belgium, Czech Republic, France, Spain, Ireland, Germany, Scotland, Switzerland, Sweden). In other countries like (Slovakia, Belarus, Estonia, Greece to 2003, the Netherlands, Lithuania, Russia, Slovenia, Ukraine), there are specific rules of responsibility of minors included in criminal codes and codes of criminal proceedings. Different solutions in this regard are partly due to the different traditions of legal systems, and partly due to various axiomatic justifications formulated in these matters. Review of legislation on minority in selected European countries: Poland, Slovakia and the Czech Republic shows that in terms of the approach to the problem of minority in all legal systems, specific interaction of children and young people who come into conflict with the criminal law are included, as well as those that show signs of corruption, making their proper personal and social development threatened. Adoption of selected concepts of minors legislation, however, does not mean more or less severe approach to the liability of minors.Both discussed issues the theoretical and practical ones, are the subject of the deliberations beneath, their structure includes: <br/>1. Problems of minors in the European countries <br/>2. Minors in Polish criminal justice system <br/>3. Minors’ responsibility in Slovakian criminal justice system <br/> 4. Czech criminal justice system in relation to a minor
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Galas, M. L. « Country’s Political and Legal Framework for Regulating Migration Processes in the Context of the Crisis Development of the World Community ». Humanities and Social Sciences. Bulletin of the Financial University 10, no 4 (3 novembre 2020) : 85–91. http://dx.doi.org/10.26794/2226-7867-2020-10-4-85-91.
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The article analyses the risks of “aftershocks” of secondary post-crisis migration from the countries of the European Union, reorientation of migration flows of post-crisis migration due to changes in European migration legislation, the introduction of legal restrictions on granting refugee status, asylum to emergency migrants, as well as due to the exhaustion of economic, social, political and other resources for receiving migration flows from countries experiencing armed, civil conflicts, crisis situations, environmental and natural resource disasters, undergoing other unfavourable conditions.
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Kakitelashvili, M. M. « The Phenomenon of the Parliaments of the European Union and the Eurasian Economic Union ». Russian Journal of Legal Studies 5, no 3 (15 septembre 2018) : 73–79. http://dx.doi.org/10.17816/rjls18382.
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The purpose of article is to define an opportunity application of experience of the European Parliament during creation of Parliament of the Eurasian Economic Union (The Euroasian parliament) and also to reveal positive experience of functioning of the European Parliament which can be used during creation of the Euroasian parliament. The object of the research is social relations in the process of formation and functioning of the Parliament of the EEU. The methodology of the research is General scientific methods of cognition (dialectic, analysis, synthesis, modeling, etc.), as well as sociological, historical, comparative-legal, formal-legal, etc.The specificity of integration associations in the modern world poker on a process to integrate posters, featuring noisy, versatility, variety of levels internal and proven. Also the essence of European integration is marked by the formation of the European Communities to transforming them into the European Union and the transition to a new higher type of integration, estimated the use of certain elements of the international legal model of the European Union. Analyzing historical, political, social prerequisites of formation of supranational parliaments in the European Union and the Eurasian Economic Union, the author marks out both similar, and their various lines.Stand out general and particular features of legal regulation of activities of political parties in the legislation of the countries of the EEC and European Union. Analyzed the socio-cultural peculiarities of the formation of party systems in the countries of the EEC, the participation of political parties in elections to national parliaments.On the basis of the analysis of functions of the European Parliament offers on investment of the Euroasian parliament with representative and control functions express.The author comes to a conclusion that an optimum way of election of the Euroasian parliament is the proportional electoral system.
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Vilcu, Alexandra. « Tendencies of High-Skilled Migration coming from Romania. Favourable Legislation and Social Policies ». European Journal of Social Sciences Education and Research 1, no 1 (1 mai 2014) : 65. http://dx.doi.org/10.26417/ejser.v1i1.p65-69.
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The external migration of a significant part of Romania's high-skilled population is a social phenomenon which became increasingly frequent starting from the 1990s, right after the fall of the communist regime. The basis for this phenomenon consists of several causes: globalization, the strengthening of international economic relations, and later on, Romania's adhesion to the European Union. Research has shown that of all high-skilled population, the professionals who emigrate more frequently consist of engineers, teachers, medical staff, scientific researchers, economists and architects. Besides, the chosen destinations have been variable throughout time. The first phase in time took place in the 1990s, when a large part of the high-skilled population chose to emigrate for professional purposes in countries such as The United States of America, Canada, Germany or Israel. The second important phase occurred after year 2000, when the focus was placed on EU countries, especially after Romania's integration. Apart from temporary unqualified migration, the number of high-skilled migrants and those who leave the country to continue their studies also soared. The chosen countries generally include Great Britain, Germany, Belgium, France and Austria. Given these differences in the tendencies of high-skilled migration, this paper will offer an insight on how the phenomenon evolved, and the factors that caused these variations in space and time. Most likely, some of the countries that were preferred have been facilitating the integration of high-skilled immigrants in society, as opposed to unqualified ones, through a selective set of laws and social policies which are meant to favour this social category. Therefore, we will discover and analyze various examples and benefits of legislation and social policies which offered social protection to high-skilledimmigrants in various countries. This paper is made and published under the aegis of the Research Institute for Quality of Life, Romanian Academy, as part of the programme co-funded by the European Union within the Operational Sectorial Programme for Human Resources Development, through the Project for Pluri and Interdisciplinarity in doctoral and post-doctoral programmes. Project code: POSDRU/159/1.5/S/141086
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Dyhal, Yaroslav. « The issue of the ratio of women and men in central and local government : the European Union and Ukraine ». Annales Universitatis Paedagogicae Cracoviensis. Studia Politologica 24, no 324 (15 mai 2021) : 95–107. http://dx.doi.org/10.24917/20813333.24.7.
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Gender mainstreaming is an integral part of the process of building a democratic society, including in thepolitical sphere. In order to draw conclusions about gender equality in the political sphere, it is necessaryto constantly investigate the current situation. An indicator of gender equality in the political sphere is therepresentation of women and men in the governmental institutions. Therefore, there is a need to analyse thegender structure of central and local authorities in the European Union.The aim of the paper is to analyse the representation of women and men in elected authorities andgovernments of the European Union and Ukraine. The author explored the participation of men and womenin the European Parliament, national parliaments of European countries, national governmental authorities,regional and local parliaments of the EU and Ukraine.The gender structures of different authorities were compared. The countries with gender equality in thepolitical sphere and the countries with the largest imbalances were identified.The author analysed the factors that contributed to the establishment of equality in countries with indicatorsas close as possible to gender balance (Scandinavian countries). Among such factors the most interesting are:emancipation of women; high level of social development; institutional factors and legislation as incentives.A comparison of the gender structures of the central executive and legislative bodies and local councils ofUkraine and Poland was made.
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Busardò, Francesco Paolo, Matteo Gulino, Simona Napoletano, Simona Zaami et Paola Frati. « The Evolution of Legislation in the Field of Medically Assisted Reproduction and Embryo Stem Cell Research in European Union Members ». BioMed Research International 2014 (2014) : 1–14. http://dx.doi.org/10.1155/2014/307160.
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Medically Assisted Reproduction (MAR), involving in vitro fertilisation (IVF), and research on embryos have created expectation to many people affected by infertility; at the same time it has generated a surplus of laws and ethical and social debates. Undoubtedly, MAR represents a rather new medical field and constant developments in medicine and new opportunities continue to defy the attempt to respond to those questions. In this paper, the authors reviewed the current legislation in the 28 EU member states trying to evaluate the different legislation paths adopted over the last 15 years and highlighting those EU countries with no specific legislation in place and MAR is covered by a general health Law and those countries in which there are no laws in this field but only “guidelines.” The second aim of this work has been to compare MAR legislation and embryo research in EU countries, which derive from different origins ranging from an extremely prohibitive approach versus a liberal one, going through a cautious regulatory approach.
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MAHMUTEFENDIĆ, IDA. « GOOD PRACTICE IN CROATIAN SOCIAL POLICY – RECCOMENDATIONS FOR THE COUNTRIES OF THE EUROPEAN UNION ». Journal of Education Culture and Society 6, no 2 (1 janvier 2020) : 69–82. http://dx.doi.org/10.15503/jecs20152.69.82.
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Social policy has the ideal of cohesion and inclusiveness of all citizens, but it has to “play” an active role in creating opportunities for them. It encopmasses in itself primarily a balance between economic efficiency and social solidarity distribution, and strives towards a consensual social model in which the government and the opposition generally agree on the fundamental priorities of society.
Starting from July 1st, 2013, Croatia has been a member of the European Union. What experiences can that country bring to European Union? In spite of the differences between the European countries becoming more and more expressed and bigger, there is a common element: a conscience that social justice and social reconciliation could contribute to an economical development and that are not just an expense; but the opposite: an economical development that must contribute to social reconciliation.
In the process of the preparation for this work and during the process of its realization, I used the methods of reading a lot of literature, including professional books, professional journals and legislation literature. Social policy has been for years one of my major fields of interest, so some facts I knew already.
My research goal is to examine the development so far of the social policy in Croatia, to detect the most important conditions which are necessary to develop high-quality social policies, to discover which are strong sides, and which are weak sides of the Croatian social policy, and therefore what is important to strongly develop, and what is redundant and/or old-fashioned, to throw away or neglect.
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Kozhevnikov, Оleg A., et Marina V. Chudinovskikh. « Regulation of telework in Russia and foreign countries ». Vestnik of Saint Petersburg University. Law 11, no 3 (2020) : 563–83. http://dx.doi.org/10.21638/spbu14.2020.303.
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The article analyzes the legislative approaches to the regulation of telework in Russia, the United States, and the countries of the European and Eurasian Economic Union (EAEU). The authors systematized the main issues of the Telework Enhancement Act, the Telework Framework Agreement, and the Labor Code of the Russian Federation and countries of the EAEU. The comparison made it possible to conclude that the norms of Russian labor law significantly lag behind European and American legislation. The regulation of telework in the Russian Federation consists of a certain framework, without a legal resolution of many important issues. The norms of the Labor Code of the Russian Federation are focused on procedural issues rather than on guarantees and compensation for employees. The authors investigated the level of labor guarantees for teleworkers in Russia and also carried out a comparison of social protection, which highlighted the reasons for the proliferation of “gray” employment schemes. The key problems of telework regulation in Russia are the absence of the obligation of the employer to compensate the employee for the costs of equipment and communication, reduced responsibility and duties of the employer in terms of labor protection, adherence to the work and rest regime, imperfection of the rules governing dismissal. In order to improve the Russian legislation, the possibilities of securing the preferential right of certain categories of individuals to enter into an agreement on teleworking, establishing the employer’s obligation to compensate employee expenses caused by teleworking are considered. The necessity for increasing the work on raising the level of the legal culture of citizens on the part of educational institutions and trade unions is justified. The regulation of telework in Russia needs to be gradually improved on the basis of an analysis of Russian law enforcement practices and foreign experience.
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Šašić Šilović, Daša. « EU accession - chance for gender equality in CEE countries ». Transfer : European Review of Labour and Research 6, no 3 (août 2000) : 468–85. http://dx.doi.org/10.1177/102425890000600310.
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Does accession to the European Union offer a chance to promote equality between men and women in societies in transition? What challenges does this process raise and how are they to be addressed? What is the role of trade unions and other social actors? The article attempts to open up a debate on these issues and to provide a positive matrix for influencing the empowerment of women and gender equality in the course of the accession procedure. Gender inequalities, it is pointed out, are not specific to applicant countries, but exist in most EU Member States. This offers an opportunity to initiate political, economic and social measures relating to gender equality throughout Europe, and to create an environment conducive to sustainable human development. Unfortunately, cases of positive social action are rare and gender issues are taken for granted, rendered invisible by neutral legislation and partial measures, and marginalised. The activities of trade unions in CEECs provide examples of such problems. Therefore, political action, the sharing of information, knowledge and lessons learned, as well as concerted action between trade unions from EU Member States and those in CEEC have the potential to radically change the map of gender inequalities to the benefit of all.
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Ksonzhyk, Iryna, Halyna Matskiv et Nataliya Sorochan. « European experience with the operation and control of the procurement mechanism for goods, works, and services using budget funds ». University Economic Bulletin, no 55 (29 décembre 2022) : 97–105. http://dx.doi.org/10.31470/2306-546x-2022-55-97-105.
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The subject of the study is the practical experience of the functioning of the mechanism of public procurement of goods, works and services in the member states of the European Union, its reformation under the influence of the introduction of new EU legislative norms in the field of public procurement, and the harmonization of the national legislation of the participating countries with Directives 2014/23/EU, 2014/24/EU and 2014/25/EU. The purpose of the work is to establish the impact of the new legislative norms of the European Union in the field of public procurement on the mechanism of procurement of goods, works and services for budget funds in the European Union, to identify the advantages of applying these norms. The methodological basis of the article is a set of cognitive methods applied to the mechanism of public procurement. The research was based on general scientific methods, namely: dialectical, which implies objectivity, comprehensiveness and systematic knowledge; logical; special methods of scientific knowledge: historical, method of systematic analysis and generalization of normative documents. The general logic of the article is based on a complex and systematic approach using modern scientific apparatus. Results of the article. The article establishes the main directions of changes in the mechanism and tools of public procurement in the countries of the European Union, which took place after the implementation of the norms of Directives 2014/23/EU, 2014/24/EU and 2014/25/EU, an analysis of the advantages of their implementation in national legislation of member states. The evaluation of the efficiency of the public procurement market in the EU countries was carried out. The directions and sources of further research are substantiated, first of all, by taking into account the aspects of digitalization of the sphere of public administration and finance, social and environmental innovations. Field of application of results. The results can be used by state and local self-government bodies, territorial communities, and economic entities of various forms of ownership. Conclusions. The new norms of EU legislation in the field of public procurement, set out in Directives 2014/23/EU, 2014/24/EU and 2014/25/EU, are aimed at simplifying procedures for public procurement of goods, works and services for budget funds, which promotes the free movement of goods and services in the countries of the European Union. As a result, customers get better value for money. Thus, public procurement becomes a tool of EU strategic policy. Although it cannot be claimed that the EU's public procurement policy is flawless, the experience of all participating countries is always taken into account in the process of its development and implementation. The EU public sector can use the procurement of goods, works and services with budget funds to increase the number of jobs, growth and investment, as well as to create an economy that is more innovative, resource and energy efficient and socially inclusive.
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Ilona Kiel-Puślecka, Mateusz Puślecki, Marek Dąbrowski, Bartłomiej Janyga, Bartłomiej Perek et Agnieszka Zawiejska. « Legal Aspect of Organ Donation after Death across Europe in Human Rights Context ». Medicine, Law & ; Society 15, no 1 (26 avril 2022) : 1–24. http://dx.doi.org/10.18690/mls.15.1.1-24.2022.
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Clinical transplantation has proven to be lifesaving methods since last century. Organ transplants is still subject to ethical evaluation through the prism of basic standards of medical ethics and social phenomena that are not morally neutral. Transplant medicine has a clear social character. It is not only a relationship between a doctor and a specific patient. Authors analyzed existing postmortal donation models in European countries and the most important documents in the European legislation in securing universal rights to freedom and human dignity in transplantation area and identified 15 universal documents valid in Council of Europe and the European Union. Universal legal documents of European law protect human donor right to self-determination and integrity. Postmortal donation in transplantation performed in accordance with the applicable legislation and in the utilitarian dimension does not violate human dignity and the natural right of a person to decide about themselves.
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Bazina, Olga O. « Human rights and biometric data. Social credit system ». Przegląd Europejski, no 4-2020 (14 décembre 2020) : 36–50. http://dx.doi.org/10.31338/1641-2478pe.4.20.3.
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Biometrics, as a field of science, analyzes the physical and behavioral characteristics of people in order to identify their personality. A huge amount of technology in the field of biometric data collection is developed by IT giants like Google, Facebook, or Alibaba. The European Union (EU) took an important step towards biometric data confidentiality by developing a unified law on the protection of personal data (General Data Protection Regulation, GDPR). The main goal of this action is to return control over personal data to European citizens and at the same time simplify the regulatory legal basis for companies. While European countries and organisations are introducing the GDPR into force, China since 2016 has launched a social credit system as a pilot project. The Social Credit Score (SCS) is based on collecting the maximum amount of data about citizens and assessing the reliability of residents based on their financial, social and online behavior. Only critical opinions can be read about the social credit system in European literature, although the opinions of persons being under this system – Chinese citizens – are quite positive. In this context, we should not forget about the big difference in the mentality of Asians and Europeans. The aim of this article is to compare EU law and the legislation of the People's Republic of China regarding the use and storage of biometric data. On the basis of statistical data and materials analysed, key conclusions will be formulated, that will allow to indicate differences in the positions of state institutions and the attitude of citizens to the issue of personal data protection in China and the European Union.
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Varul, Paul. « The Creation of New Estonian Private Law ». European Review of Private Law 16, Issue 1 (1 février 2008) : 95–109. http://dx.doi.org/10.54648/erpl2008005.
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Abstract: The article gives an overview of how new legislation was drafted and adopted in Estonia after the country regained its independence. Estonia was one of the republics of the Soviet Union and became independent again in 1991. The new situation suddenly necessitated new legislation, which had to suit a democratic state with a market economy, and also be in line with the standards of developed European countries. It took ten years (1991–2001) to create the new legislation, the cornerstones of which are the Civil Code and the Commercial Code. The Civil Code was adopted in five parts: the General Part of the Civil Code Act (1994, replaced with a new version in 2001), Family Law Act (1995), Law of Property Act (1993), Law of Succession Act (1997) and Law of Obligations Act (2001); the Commercial Code was passed in 1995. The article introduces the content of all the aforementioned laws. The comparative method was the main method in drafting the new laws. The laws of Germany, the Netherlands, Switzerland, Austria, France, Italy, and the Scandinavian countries, as well as the Civil Codes of the State of Louisiana and the Province of Quebec were followed as the most important examples. Internationally harmonized legislation, such as the Vienna Convention on Contracts for the International Sale of Goods, as well as sample laws such as the Principles of European Contract Law and Principles of International Commercial Contracts were also used as sources. Drafting the new private law legislation largely fell into the period when Estonia was a candidate state to the European Union, which is why he European Union law was already taken into account when preparing the drafts. By the time Estonia became a Member State of the EU (2004), its private law legislation was in harmony with the EU requirements. Although the legislations of former USSR republics and socialist countries have developed at varying paces, the legislative analysis of Estonia, which is the subject of the article, also reflects the developments of the ‘countries in transition’ that are in the same situation and where new social and economic conditions necessitated new laws. A major objective in drafting the new laws was to make them understandable and acceptable to persons from other countries, thus paving the way for international cooperation. Résumé: L’article donne un aperçu de la manière dont l’Estonie, de nouveau indépendante, a procédé à l’élaboration et à l’adoption d’une nouvelle législation. L’Estonie est une ancienne République de l’Union soviétique qui regagna son indépendance en 1991. Dans ce nouveau contexte, le besoin s’est rapidement fait sentir d’avoir une législation qui soit adaptée à un État démocratique, dans lequel fonctionne l’économie de marché et qui satisfasse aux normes des pays développés de l’Europe. L’Estonie a mis dix ans (de 1991 à 2001) pour établir une nouvelle législation, dont les principaux textes de base sont le Code civil et le Code de commerce. Le Code civil a été adopté en cinq parties: la loi relative à la partie gènérale du Code civil (1994, remplacée par une nouvelle version en 2001), la loi sur la famille (1995), la loi sur les biens (1993), la loi sur les successions (1997) et la loi sur les obligations (2001), le Code de commer
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HEISIG, JAN PAUL, BRAM LANCEE et JONAS RADL. « Ethnic inequality in retirement income : a comparative analysis of immigrant–native gaps in Western Europe ». Ageing and Society 38, no 10 (4 mai 2017) : 1963–94. http://dx.doi.org/10.1017/s0144686x17000332.
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ABSTRACTPrevious research unequivocally shows that immigrants are less successful in the labour market than the native-born population. However, little is known about whether ethnic inequality persists after retirement. We use data on 16 Western European countries from the European Union Statistics on Income and Living Conditions (EU-SILC, 2004–2013) to provide the first comparative study of ethnic inequalities among the population aged 65 and older. We focus on the retirement income gap (RIG) between immigrants from non-European Union countries and relate its magnitude to country differences in welfare state arrangements. Ethnic inequality after retirement is substantial: after adjusting for key characteristics including age, education and occupational status, the average immigrant penalty across the 16 countries is 28 per cent for men and 29 per cent for women. Country-level regressions show that income gaps are smaller in countries where the pension system is more redistributive. We also find that easy access to long-term residence is associated with larger RIGs, at least for men. There is no clear evidence that immigrants’ access to social security programmes, welfare state transfers to working-age households or the strictness of employment protection legislation affect the size of the RIG.
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Dremliuga, Roman, et Alexander Korobeev. « A Fight Against the Dissemination of Deepfakes in Other Countries : Criminal and Criminological Aspects ». Russian Journal of Criminology 15, no 3 (2 juillet 2021) : 372–79. http://dx.doi.org/10.17150/2500-4255.2021.15(3).372-379.
Texte intégralRésumé :
The authors analyze a relatively new phenomenon of spreading realistic audiovisual fake materials (deepfakes). This socially dangerous phenomenon is not reflected in the Russian criminal legislation as a separate offence. At the same time, some countries have started developing a criminal policy in this sphere. The methodology of the study presupposes a comparative law analysis of current legislations of the USA, China and the European union regarding the liability for the dissemination of realistic audiovisual fakes. The analysis of criminal legislation is aimed at the identification and systematization of key approaches to criminalizing the dissemination of realistic audiovisual fakes in the countries that are the leaders in digitizing their social and economic life. It showed that there are radically different approaches to regulating criminal liability for the actions under consideration. The authors analyzed criminal policy of the United States at the federal and state levels on the criminal law protection against infringements through deepfakes. They found that the first action to be recognized as criminal is the use of realistic audiovisual fakes for electoral intervention. The legislations of some states strictly regulate the procedure of posting such content before elections, the most serious violations leading to criminal liability. Besides, the United States recognizes as criminally punishable the use of deepfakes for creating materials of intimate nature and for identity theft. The People’s Republic of China establishes liability, including criminal liability, for posting any fake realistic-looking audiovisual materials without mentioning that they are fake. Currently there are no special criminal law norms regulating liability for the dissemination of deepfakes in the law of the European Union. This action should be viewed as infringement of the lawful use of personal data. The authors give their assessment of some criminological characteristics of the analyzed publicly dangerous phenomenon in Russia and in the world. In spite of the relative novelty of the deepfake technology, realistic fake videos are quite common. The society supports the necessity of criminalizing this publicly dangerous action.
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BRIDGEN, PAUL, et TRAUTE MEYER. « Divided citizenship : how retirement in the host country affects the financial status of intra-European Union migrants ». Ageing and Society 39, no 3 (16 octobre 2017) : 465–87. http://dx.doi.org/10.1017/s0144686x17000927.
Texte intégralRésumé :
AbstractSince European Union (EU) enlargement in 2003, labour migration from East to West and South to North has increased. It is to be expected that a share of these workers will want to retire in their host countries. According to the academic literature, EU legislation protects such mobility well by allowing the transfer of rights accrued in any EU country to another. However, such research has focused on legislation, not outcomes. We know little about how migration will affect the financial status of retired migrants in their host country and their ability to sustain a life there, should they stay after retirement. Using migration, wage and pension policy data (Eurostat, Organisation for Economic Co-operation and Development), this paper projects the post-retirement incomes of a range of hypothetical EU migrants, selected in relation to the most common migratory flows since 2003. After having worked in their home countries (Romania, Poland, Bulgaria, Italy) for at least ten years, these people move to richer countries (Italy, Spain, Germany, United Kingdom) and work there for at least 30 years. To determine whether they can remain settled after decades of labour force participation in the host country, the paper adds their pension entitlements from home and host countries and compares this income with the relative poverty line of the host countries. This shows that good portability of entitlements matters little when these are very low because of a large wage gap between home and host country. Thus, after at least 30 years of enjoying all citizenship rights as workers, most of these individuals are projected to receive incomes below the relative poverty line of their host countries and thus experience a sharp drop in this status. Their citizenship is diminished. The paper concludes by considering policies that could avoid such an outcome.
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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, no 1 (17 novembre 2014) : 131–46. http://dx.doi.org/10.1163/22116133-90230041.
Texte intégralRésumé :
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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Latysheva, V. O. « International Experience of Legal Regulation of Social Vacations ». Law and Safety 76, no 1 (20 février 2020) : 26–31. http://dx.doi.org/10.32631/pb.2020.1.03.
Texte intégralRésumé :
The author of the article has studied international and legal acts that envisage the norms that provide social vacations for employees. The author has analyzed experience of legal regulation of social vacations in the USA, the countries of the European Union, the countries of the former Soviet Union, etc.
It has been noted that the current period of development of the state and society makes new demands on the socialization of labor legislation, especially for employees with family responsibilities, taking into account the positive international experience. It is very important aspect of the welfare state, society must provide such persons with certain social protection and assistance, as well as labor benefits in connection with the responsibilities of raising children and other circumstances, because employees with family responsibilities have the possibility to combine their professional activities with family responsibilities without the damage for their own health, the interests of children and society. Social protection in a modern democratically organized society is the sphere of intersection of vital interests of citizens related to the realization of their socio-economic rights. It is the sphere of reflection of such universal values as equality, social justice, humanism and other moral principles of civilized society. Proper realization of the right to social protection helps to increase the individual status of a person and further the development of democratic principles of society.
Therefore, it is necessary to take into account the positive international experience in the legal regulation of social vacations in the period of reforming the labor legislation of Ukraine. The author of the article has provided scientifically substantiated conclusions on the borrowing positive international experience of legal regulation of social vacations and implementing into national legislation.
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Kowalewska, Ewa, et Marcin Burzec. « Tax Incentives for Food Donations – a General Overview ». Review of European and Comparative Law 50, no 3 (9 septembre 2022) : 7–24. http://dx.doi.org/10.31743/recl.14145.
Texte intégralRésumé :
The study analyses tax law regulations in force in Poland and in selected European Union countries which may influence attitudes of entrepreneurs (taxpayers) in taking actions aimed at preventing food waste. This analysis demonstrates that all countries investigated in this study have made attempts to develop and implement various measures to combat the problem of food waste. At the same time, it is worth noting that properly constructed tax preferences are an important factor in preventing food waste, which is part of the sustainable development strategy implemented by European Union countries. In this respect, actions must be long-term and they should be based on various legal measures. Further changes in this area will be determined by some key factors. These include the need to use tax law regulations or to determine economic and social trends. Directions of activities of the state, local government and non-governmental organizations for counteracting food waste will also set course for these changes. Achieving sustainable development also at the stage of using food already produced should be based on optimization of all related processes, and thus also financial (mainly tax) processes. Therefore, attention should be paid in particular to the tax legislation in force in Poland and in selected European Union countries, i.e. the Act on tax on goods and services and the Act on corporate income tax.
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Zavalna, Zhanna, et Mykola Starynskyi. « CONTRACTUAL DELEGATION OF SOVEREIGNTY IN SUPRANATIONAL ENTITIES ». Global Prosperity 2, no 1 (25 juillet 2021) : 29–36. http://dx.doi.org/10.46489/gpj.2021-1-2-5.
Texte intégralRésumé :
The article analyses the agreement basis for state sovereignty as established and implemented in the European Union. The research aims to study the agreement-based regulation used by the EU Member States to create a stable position of Ukraine on its way to becoming a member of the European Union. The research allowed finding out that the member states do not transfer their powers in their economic and social fields but only delegate them. The analysis of the treaties concerning the establishment and functioning of the European Union proves the existence of specific organisational and legal intervention measures that the countries agree to when joining the treaty union. The agreement-based rearrangement of powers between the EU and its member states lets the latter obtain their special legal personalities regarding the conclusion of agreements among themselves and at the same time preserve complete economic sovereignty in their relations with the countries that are not member states of the EU. When joining the European Union, its member states voluntarily and on a negotiable basis agree to certain restrictions and prohibitions binding in their economy. Furthermore, the EC Treaty provides for the improved protection of interests for the economic community as compared with the protection of national interests of the member states though it is not excluded that the latter can be taken into consideration when adopting the national laws of a member state to the EU legislation.
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Gylka, K. « Prospects for European Integration of the Republic of Moldova and the Constitutional Component ». Scientific Research and Development. Economics of the Firm 10, no 2 (6 août 2021) : 84–89. http://dx.doi.org/10.12737/2306-627x-2021-10-2-84-89.
Texte intégralRésumé :
The European Union (EU) is an economic and political union of 28 European countries. The population is 508 million people, 24 official and working languages and about 150 regional and minority languages. The origins of the European Union come from the European Coal and Steel Community (ECSC) and the European Economic Community (EEC), consisting of six states in 1951 - Belgium, France, Germany, Italy, Luxembourg and the Netherlands. These countries came together to put an end to the wars that devastated the European continent, and they agreed to share control over the natural resources needed for war (coal and steel). The founding members of ECSC have determined that this European project will not only be developed in order to share resources or to prevent various conflicts in the region. Thus, the Rome Treaty of 1957 created the European Economic Community (EEC), which strengthened the political and economic relations between the six founding states. The relevance of the topic stems from their desire of peoples and countries to live better. The purpose of the study is to identify the internal and external development mechanisms of European countries and, on this basis, to formulate a model of economic, legislative and social development for individual countries. The results of the study provide a practical guideline for determining the vector of the direction of efforts of political, economic, legislative, humanitarian, etc.
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Vukic, Nikolina Markota. « Corporate Social Responsibility Reporting : Differences among Selected EU Countries ». Business Systems Research Journal 6, no 2 (1 septembre 2015) : 63–73. http://dx.doi.org/10.1515/bsrj-2015-0012.
Texte intégralRésumé :
Abstract Background: Greater transparency has become a relevant topic for companies around the world. Information and communication technologies revolution (ICT revolution) has forced companies to become more transparent. With the intention of increasing companies’ transparency, the European Union (hereinafter: the EU) has presented a new Accounting Directive 2013/34/EU which makes Corporate Social Reporting (hereinafter: CSR reporting) mandatory for certain companies. Objectives: EU Directives should be the same for all Member States; however, some authors have concluded that CSR reporting is different in companies of different sizes, industries or from different countries. The main objective of this paper is to research into differences of CSR reporting among selected EU countries. Methods/Approach: The Global Reporting Initiative (hereinafter: GRI) has shaped a reporting framework for CSR reporting. In this research the GRI will be used for comparison of CSR reports of different countries. Results: Results of this research revealed that the difference in CSR reporting is statistically significant among selected EU countries. Conclusions: As CSR reporting in the EU will become mandatory for certain companies, it will be a challenge for Member States to harmonize their national legislation to a degree which will increase companies’ transparency and at the same time protect local resources and interests of stakeholders.
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Alexandrov, Georgi. « Transformation of Digital Legal Deposit in Terms of Legislation and Public Access ». Knygotyra 70 (5 juillet 2018) : 136–53. http://dx.doi.org/10.15388/knygotyra.2018.70.11812.
Texte intégralRésumé :
[full article, abstract in English; abstract in Lithuanian]
The age of digitization is marked by a huge quantity and variety of electronic content distributed on the Internet. Building national collections of deposited electronic publications is a challenge related to the preservation of the global cultural heritage. The purpose of the article is to examine the ongoing transformation of the digital legal deposit with a focus on the legislative and public access regulation. The geographical scope of the research covers the countries from the European Union in the time span of the last two decades. Three stages of digital legal deposit implementation are identified: legislative regulation, technological infrastructure and practical procedures. The article presents the adaptation of deposit laws to the new media environment marked by fast growing online publishing. The study identifies the features of controlled e-reading as the main access tool in the deposit institutions and classifies them into two types: restriction related and usability related. The major challenges to a further digital legal deposit development are specified as legislative, technological, financial, and social. Examples of public access regulation in several European national libraries are observed with emphasis on the most advanced practices. Based on the main findings, the article formulates the forecast for less restrictions and better cooperation within the European Union concerning the regulation of public access to digital deposit collections.
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Chudinovskikh, M. « Regulation of Telework in BRICS : Lessons from the Pandemic ». BRICS Law Journal 9, no 2 (14 juillet 2022) : 72–93. http://dx.doi.org/10.21684/2412-2343-2022-9-2-72-93.
Texte intégralRésumé :
The COVID-19 outbreak forced many employers worldwide to organize remote workplaces and introduce new technologies of labor organization in order to protect employees from the threat of disease. After the pandemic is over, it is reasonable to anticipate an increase in telework. The legal framework of telework continues to evolve unevenly in different countries around the world. The BRICS countries lag behind the United States and the European Union in terms of the legal regulation of telework, and they lack the necessary statistical data collection. The integration of the BRICS countries calls for the development of unified approaches to the legal status of teleworkers. The creation of new jobs in the conditions of the pandemic requires the development of the regulatory framework, analysis of innovative experience and assessment of law enforcement. This article systematizes the approaches of Russian and world scientists to the major issues of telework regulation, including: the conceptual apparatus, the advantages and disadvantages of remote employment, the analysis of legislative initiatives of the BRICS countries in the context of a pandemic and the allocation of best practices, the features of concluding, changing and terminating an employment contract, determining the rights and obligations of teleworkers, the implementation of the right to social partnership, and ensuring labor protection, safety and well-being. The findings of the analysis lead to the conclusion that in order to achieve decent work in digital economy, the BRICS countries need to design a general approach to the regulation of telework for similar to the approach taken by the European Union, and to upgrade existing legislation.
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Yankovyi, Mykola O., Hanna V. Foros, Hanna V. Zaiets et Olena I. Pluzhnik. « Protection of Personal Information in the Medical Sphere of Social Relations ». Cuestiones Políticas 38, Especial (25 octobre 2020) : 44–62. http://dx.doi.org/10.46398/cuestpol.38e.02.
Texte intégralRésumé :
The purpose of the work was to identify the main legal parameters of modern information. As material sources of research at work, not only the Ukrainian regulations in the field of medical relations information are used, but also relevant innovations in the legal regulation of medical information relations, which are produced in the countries of the European Union. It is established that in the normative legal acts of Ukraine, unlike in European legislation, there is no division of information about an individual into general data and vulnerable personal data. The laws of Ukraine do not contain the notion of "public figure", whose limits of criticism, according to the European Court of Human Rights, are broader for an ordinary person. Among the main conclusions, it stands out that, in order to guarantee the freedoms and rights of citizens, it is necessary in the regulations to classify groups, lists of personal data and access to them based on the secret classification to avoid ambiguities. The materials in the article have practical value for graduates of higher education institutions of police and medical specialties, among others.
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Hrebeniuk, D. « The genesis of the European Parliament and its transformation to supra statehood ». Uzhhorod National University Herald. Series : Law 1, no 72 (16 novembre 2022) : 31–35. http://dx.doi.org/10.24144/2307-3322.2022.72.5.
Texte intégralRésumé :
The article examines the European Union as a unique association of European countries, which was created as an organizational form for political, economic and social cooperation between member countries, candidates for membership and partner countries that are not part of the union. The European Union symbolizes the diversity of nations and European cultures and aims to achieve peace and prosperity. Independent countries united for the sake of a common goal and sacrificed part of their sovereignty in order to become economically stronger, so it is not surprising that the official motto of the union is "unity in diversity".
The article pays special attention to the nature of the European Union, because de facto it is an international entity, it combines such features as supra-statehood and inter-statehood, but de jure it is neither one nor the other. The structure of the European Union includes institutions whose tasks are to realize the goals of this union, to serve its interests and the interests of its citizens, as well as to ensure the consistency and effectiveness of its policies. At the beginning of its creation, the European Union consisted of six countries and had a completely different name, namely the European Coal and Steel Association. Gradually, the subjects of this entity are deepening economic integration and creating a single market, we can also see that successively, partial management functions are moving to the supranational level and the number of future participants of the union is increasing. The evolution of the union takes place for the sake of economic development, through the opening of markets, which leads to an increase in production and, as a result, new working cities are created. With an increase in imports, competition increases and prices decrease and the quality of goods increases [1, р. 1].
This scientific work examines the formation of the legislative institution of the European Union, analyzes the cooperation of the European Parliament with other leading institutions, and also examines the regulatory and legal framework that influenced the transformation and reveals the nature of the European Parliament.
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Kliuiev, Oleksandr, Оlena Agapova, Ella Simakova-Yefremian et Oleksandr Snigerov. « The Contribution of Forensic Examination to Ensuring the Right to a Fair Trial within ECtHR Case-law ». Access to Justice in Eastern Europe 4, no 4 (31 octobre 2021) : 104–15. http://dx.doi.org/10.33327/ajee-18-4.4-n000087.
Texte intégralRésumé :
In this note, the authors study legal and procedural cases of the application of forensic research in the observance of the common European procedural guarantee ensuring the balance of justice during a trial: Art. 6 of the European Convention on Human Rights (right to a fair trial). Based on the current legislation of the European Union and Ukraine, peculiarities of legal regulation and application of forensic expert research during court proceedings are analysed. It is emphasised that established the approaches and practice of applying specific expertise in the countries of the European Union have some peculiarities. It is established that one of the ways to ensure the fairness of a court decision is using forensic science. While comparing the legal framework for providing justice in Ukraine and the European Union, the authors stressed the need to develop a separate policy guideline (strategy, concept, etc.), such as the Vision for European Forensic Science Area used in EU countries. Detailed analysis of the ECtHR case-law on the application of Art. 6 has made it possible to illustrate the specifics of applying forensic science by complying with the fair trial requirement. It is concluded that the adoption of a fair court decision becomes possible when: 1) the practice of law enforcement and legal provisions related to the dispute context are taken into account; 2) the circumstances of the case are established with the use of content and reference to evidence; 3) non-legal phenomena are taken into account, such as ethical, social, moral requirements accepted in society, etc.
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Křepelka, Filip. « Different Approaches to Cross Boreder Mobility of Patients in the European Union in Czechia, Slovakia and Poland ». Medicine, Law & ; Society 9, no 2 (14 décembre 2016) : 101–20. http://dx.doi.org/10.18690/24637955.9.1.101-120(2016).
Texte intégralRésumé :
Poland and Slovakia are neighbour countries with similar history and socioeconomic conditions. They share heritage of socialized healthcare. Nevertheless, they adopted different policies towards promotion of patients’ mobility in the European Union. Accession to coordination of social security establishing assistance for tourists was smooth. Providers offer quality care for good prices. Foreign patients come to all three countries. Right for reimbursement of treatment intentionally sought across borders was created by the Court of Justice already before their accession. Nevertheless, they already decided on the Patients’ directive. Czechia supported it, Slovakia abstained and Poland refused. Numerous Poles seek treatment abroad and ask for its reimbursement, while implementing legislation barely complies and authorities are tight-fisted. Few Slovaks do it in accordance with rules adopted with cautiousness. Czechs ignore this opportunity despite official benevolence. Quality of healthcare, various price-setting and peculiarities of public financing explain this difference.
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Klym, Andrii-Vitalii. « Customs Policy of Ukraine in the Context of Modern Social Challenges ». Democratic governance 29, no 1 (31 août 2022) : 128–40. http://dx.doi.org/10.23939/dg2022.01.128.
Texte intégralRésumé :
Formulation of the problem. At the present stage of development of the Ukrainian state there is a difficult economic situation caused by the pandemic and Russia’s military invasion into Ukraine. Undoubtedly, this affects all spheres of life of Ukrainian society, including the implementation of the customs policy. This provides grounds for the discussion about the objective need to pay more attention to the development and improvement of customs policy, implemented in Ukraine. The key role is given to the state, called to regulate these processes. An effective customs policy must respond flexibly to external threats and counteract quickly all the possible negative consequences of such threats towards strengthening economic interests of the state and maximizing compliance with international rules and requirements in the national customs system. The customs policy is designed to regulate foreign trade and protect of domestic producers, ensure realization of national interests in the field of stimulating the development and restructuring of the national economy. Analysis of recent research and publications. A significant number of scholars study the peculiarities of customs policy implementation and consider this multifaceted phenomenon from different points of view. In particular, it is worth mentioning such scientists as M. Bilukha, O. Hodovanets, T.Yefymenko, I. Kveliashvili, O. Kolomoiets, Martyniuk, O. Mosiakina, V. Pashko, V.Khomutynnik, and others. Their works are devo- ted to the general issues of implementation of the customs policy in Ukraine, the role of cus- toms in the system of state bodies, management of customs activities and customs control. Distinguishing previously unsolved parts of the overall problem. Dynamic changes taking place in Ukrainian society today, in particular, hostilities in Ukraine, determine the need for a deep and unified understanding of the implementation of customs policy in the context of modern challenges, which necessitates further research in this field. Presentation of the main material of the study. The system of customs authorities is designed to implement customs policy in the country on the basis of the principles of territorial organization, foreign economic activity and international cooperation defined in the Constitution. The main legislative act regulating legal relations in the country and, in particular, in the field of customs policy, is the Constitution of Ukraine. A brief overview of the peculiarities of functioning of the customs authorities of developed countries shows their universality and management of tasks far beyond the scope of powers that is inherent in the Ukrainian customs authorities. In other words, customs authorities of Ukraine are characterized by narrow specialization and fulfillment of only those responsibilities that directly belong to the field of customs policy of the state. Foreign experience makes it possible to understand, which direction the Ukrainian state is moving in view of the unification of domestic customs policy. Thus, having chosen the European integration course, Ukraine has embarked on the path of expanding foreign economic ties and deepening cooperation with European countries. Accordingly, the customs policy of Ukraine, based on the legislative and regulatory framework built on European standards and which is designed to regulate legal relations arising between entities when crossing the customs border, gains particular importance. Customs legislation is very dynamic and constantly unified, as the state needs constant integration with the countries of the European Union and deepening relations with them within free economic zones. In particular, emphasis should be placed on Ukraine’s accession to the World Trade Organization. This fact, as well as the European integration aspirations of Ukraine, limit the sovereignty of Ukrainian legislation in the field of customs policy. After all, the World Trade Organization proclaims a course to reducing barriers in trade and exchange of goods and services between the member states, as well as to elimination of non– tariff methods of regulating international economic relations, and the constant reduction of import tariffs. Thus, Ukraine must adjust its legislative and regulatory framework in the field of customs policy to the standards and requirements of the World Trade Organization and the European Union. The following main areas of improvement of customs policy were identified: implementation of international standards and requirements for increasing the level of protection of national interests of the state; simplification of customs procedures to reduce the number of abuse in this area; increasing the efficiency of detection and counteraction to negative phenomena in the field of foreign trade; improving the implementation of foreign economic activities and creating optimal conditions for the participants. Conclusions. Thus, the customs policy in Ukraine has had sufficient regulatory and legislative support in recent decades. At the same time, given Ukraine’s desire to integrate into the European environment, cooperation with the World Trade Organization and other international organizations, it is necessary to increase attention to the regulatory framework of customs relations. Priority of international treaties over domestic Ukrainian legislation indicates the need to unify the legislation of Ukraine and bring it in line with international norms and standards.
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Novicic, Zaklina. « Freedom of movement for persons in the European Union Law ». Medjunarodni problemi 55, no 1 (2003) : 57–88. http://dx.doi.org/10.2298/medjp0301057n.
Texte intégralRésumé :
In this article the author analyses the evolution of complex corpus of legislation concerning the freedom of movement for persons in European Union Law. The article deals with the subject in two aspects: the first part of the analysis considers the conceptual development of free movement of persons by way of deliberation of building-up the authority of Union in that area, and the second part analyses the contents of the right of the Union citizens to move and reside freely within the territory of the Member State. The freedom of movement for people includes the right of Union citizens to enter, move and reside in another Member State and, in that context prohibition of any discrimination based on nationality. Conceived originally as primarily an economic phenomenon, the free movement of persons was closely linked to the pursuit of an occupation. It was the mobility of human resources as a factor of production, which inspired the chapters of the Treaty establishing the European Economic Community (1957) relating to the free movement of workers, freedom of establishment and the freedom to provide services. In that sense, freedom of movement is a part of a wider concept, that of the common/internal market. Since then, through the combined effect of secondary legislation and the case law of the Court of Justice, the concept has been broadened and it tends, from the Maastricht Treaty (1992), to form one of the fundamental and individual rights of Union citizens generally. Also, the amendments of EEC Treaty, which were made by the Single European Act (1985) and specially by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001), have formalised the external aspect of freedom of movement. Namely, it was recognised that freedom of movement for persons could not take place at the expense of security, protection against crime and illegal immigration. The abolition of internal controls has generated the need of the transferring checks to the external frontiers of the Union and, in this connection, the gradual establishment of an area of freedom, security and justice. In the first part of the article the author presents and analyses the development of the Union power in the policies of freedom of movement: in facilitating of free movement of people as a principle of the common/internal/single market, in achievement of the right to free movement for Union citizens, and also in the fields related to the external aspect of freedom of movement, or, actually, the issues pertaining to visas, asylum and immigration. The second part presents the specific contents of freedom of movement for persons that consists of the corpus of individual rights enjoyed by Union citizens on the territories of EU Member States that are not countries of their origin. These are the right to entry and residence and the right to engagement in gainful activity as well as the related social rights. This part of the article also explores the freedom of movement restriction regime as well as the corresponding Union legislation in preparation.
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Mendoza Jiménez, Javier, et Montserrat Hernández López. « How the public sector buys small things : direct procurement in the European Union and the opportunities for the Social Economy organizations ». CIRIEC-España, revista de economía pública, social y cooperativa, no 106 (7 décembre 2022) : 31. http://dx.doi.org/10.7203/ciriec-e.106.21517.
Texte intégralRésumé :
Direct (or low value) procurement can foster the participation of SMEs in public procurement. However, although they all come from the same Directive, a review of the national legislations shows that there is not a common model for this type of procedures. The thresholds in the national legislations vary without a visible explanation for it. To assess if countries can be grouped a hierarchical analysis was performed. Meanwhile, to research whether economic and social factor can influence the establishment of different conditions for direct public procurement in each Member State a regression model was applied. The results contradict the widely proclaimed intention of promoting SMEs in public procurement, since there is not direct relation between the percentage of SMEs in the economic fabric and the thresholds for the contracts. The limitations on direct procurement have probably more to do with cultural reasons and legislative traditions than with economic and social factors. Higher thresholds and specially the differentiation for, social services that present some Member States could be an opportunity for social entities. The legislative modifications of several countries point in the direction of favoring a minimum number of competitors. The study shows that noticeable divergences can be found in the way Member States regulate direct procurement, contrary to the convergency that can be observed generally in the field of public procurement.
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Zimmer, Reingard. « Living wages in international and European law ». Transfer : European Review of Labour and Research 25, no 3 (août 2019) : 285–99. http://dx.doi.org/10.1177/1024258919873831.
Texte intégralRésumé :
A number of countries worldwide provide for a statutory minimum wage. Generally speaking, however, it is not a living wage, although the right to a living wage is guaranteed in a variety of agreements under both international and European law. The Council of Europe’s European Social Charter (ESC), for example, codifies a living wage and, according to the case-law of its supervisory body, the level of 60 per cent of the net average wage is to be taken as the basis for appropriate remuneration. This article argues that the Charter of Fundamental Rights of the European Union also incorporates the right to a living wage, which should be at least 60 per cent of the net average wage. The Charter is legally binding for EU institutions, agencies and other bodies. Member States are bound only to the extent that the material scope of the relevant EU laws has been opened, which is the case when EU law is implemented or when obligations arising out of specific Union legislation are required for the relevant subject area, as will be explained in the article. In purely national situations nevertheless, values laid down in international law have to be observed when interpreting national laws.
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Djorobekova, A., A. Khamzin, A. Boretskiy et Sh Fayziev. « Labour migration and forced labour in the context of economic integration : new challenges and realities : statement of the problem ». Bulletin of the Innovative University of Eurasia 80, no 4 (25 décembre 2020) : 56–61. http://dx.doi.org/10.37788/2020-4/56-61.
Texte intégralRésumé :
Main problem:The main idea of this study is the development of proposals for improving the legislation of the Republic of Kazakhstan, as well as the regulatory framework of the Eurasian Economic Union, taking into account the experience of the European Union countries (as the largest integration association), towards the further development of the legal framework for cooperation in the social-labor sphere, as well as improving the integration and migration policy of the Eurasian Economic Union countries in general, and the Republic of Kazakhstan, in particular. In addition, this study intends to develop practical recommendations aimed at improving the activities of the law enforcement agencies of the Republic of Kazakhstan, as well as the EAEU countries, in the field of combating illegal migration and forced labor on the territory of this integration association. Moreover, this project suggests the legal promotion of the results obtained, both on the territory of the EAEU and beyond. Purpose: The aim of the study. To develop proposals for improving the legislation of the Republic of Kazakhstan and the EAEU countries in the field of legal regulation of labour migration and counteracting its negative consequences such as illegal migration, forced labour in the territory of this integration association. Methods: The methodological basis of the study is made up of traditional general scientific and special legal methods used in comparative jurisprudence: system-structural, historical-legal, social-legal and comparative-legal. Results and their significance:All of the above testifies to the relevance and necessity of research in the framework of this study, since its implementation, taking into account the expected results, will further improve the regulatory framework in the field of combating illegal migration, human trafficking and other illegal manifestations resulting from insufficient regulation of the labour migration sphere.
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Mosakova, E. A., et K. Kizilova. « Labor market in the UK in digital era : The gender dimension ». RUDN Journal of Sociology 21, no 3 (17 septembre 2021) : 512–19. http://dx.doi.org/10.22363/2313-2272-2021-21-3-512-519.
Texte intégralRésumé :
The article considers gender discrimination in the field of labor relations in the United Kingdom (UK) in the pre-covid period. In the past decades, the Western European countries have made the most significant progress in achieving gender equality in various fields, including labor relations, and became the world leader in this area. However, despite all the efforts of the international community, no country has achieved a full gender equality, and Great Britain is no exception. The authors argue that the British anti-discrimination legislation (before leaving the European Union) was based on international acts and conventions. For a long time, there were acts and laws prohibiting discrimination in the labor market, which seriously hindered the implementation of an effective anti-discrimination policy in the sphere of labor relations. It was not until 2010 that the law on equality was passed to replace all previous laws and regulations and to provide an exhaustive list of criteria for prohibiting discrimination. As a result, Great Britain began to develop a rather strict national anti-discrimination legislation in the field of labor relations. Thus, in the past decades, the UK has been achieving gender equality in the economic sphere at a faster pace than the average European Union country. The study shows a steady decline in the gender wage gap in the UK over the past two decades, which may be considered one of the countrys most significant achievements in fighting gender discrimination in the labor market. However, there is still a number of serious challenges: a relatively low female labor force participation and employment rate, a gender wage gap and income gap, horizontal and vertical segregation, a gender gap in postgraduate education, and a significant gender gap in time spent on family responsibilities. Age discrimination presents a special problem in the sphere of labor relations in Great Britain. In the European Union, the first laws prohibiting age discrimination were adopted only in the 2000s, and in the UK - in 2006. This problem still remains extremely acute for the labor market, since age discrimination in the UK ranks third among the most common grounds for discrimination - after gender and disability.
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Bevzenko, Volodymyr, et Yurii Tsvirkun. « THE LAW OF PUBLIC CONSTRUCTION IN THE COUNTRIES OF THE EUROPEAN UNION : EXPERIENCE OF GERMANY AND ECONOMIC AND LEGAL DIMENSION OF ITS CREATION IN UKRAINE ». Baltic Journal of Economic Studies 8, no 5 (30 décembre 2022) : 70–76. http://dx.doi.org/10.30525/2256-0742/2022-8-5-70-76.
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The subject of the study. A new public administration system in Ukraine should be created through administrative reform. The existing system of public administration in Ukraine remains generally inefficient, with an eclectic mix of institutions inherited from the Soviet era and new institutions formed during Ukraine's independence. It is argued that the rapid development of modern social relations naturally causes and is conditioned by the continuous transformation and progress of various sectors of public and state life. Scientific and technological progress, informatization and updating of production methods cause an objective need to revise and adopt fundamentally new legislation, study and implement advanced forms of organization of social relations. It is clear that the construction industry is a component of the national economy, which requires meaningful legal regulation, does not stay away from modern social and state development. The complexity and significance of the construction industry, its multifaceted nature require, in particular, the study and implementation of perfect regulatory mechanisms developed by developed countries with highly developed economies, strong and perfect standards of functioning of the state apparatus, legislation. Methodology. The national construction legislation was reviewed in comparison with the experience of the Federal Republic of Germany. It is concluded that the review of the institutional architecture of the construction industry of the Federal Republic of Germany, the basic principles of the formation of German public construction law as a factor of the modern economy, its progressive forms and methods has been carried out. The content of this branch of public law, its impact on economic processes in the state, the formation and change of the main economic indicators are assessed. The conclusion is made about the objective connection between the state and development of national legislation, in particular construction legislation, and the degree of economic development of the state. The purpose of the study. By choosing the strategic path of institutional and fundamental reforms, Ukraine also implements the best legal and state experience of modern progressive states with developed democracy, state-building and law-making, developed economy. In the field of law and law-making, improvement of legal education and science the experience of the Federal Republic of Germany has proved its perfection, efficiency and progressiveness for Ukraine. German public construction law is not the only area that has become a model for domestic public law and legislation, in particular, it is worth mentioning the German experience of administrative procedure law and legislation, which was used in the adoption of the Code of Administrative Procedure of Ukraine, and administrative procedure law and legislation, which was the basis for the preparation of the Law of Ukraine "On Administrative Procedure". Thus, the time-tested and experienced German administrative and legal theory has become one of the prerequisites for the creation and development of national branches of public law, including the law of public construction. The economic and legal dimension of public construction law in Ukraine is that the construction industry is a productive sector of the economy, the efficiency and successful functioning of which depends on a simultaneous set of factors, including, in particular, the availability and completeness of national construction and administrative and procedural legislation, the development of the theory of public construction law, transparency and validity of the activities of administrative bodies in the field of construction. Conclusion of study. It is concluded that the new branch of national special administrative law – publicc construction law of Ukraine is manifested in three dimensions: the substantive dimension of national public construction law and the prerequisites for its formation and further development; European (foreign) experience of legal regulation of public construction; economic and legal dimension of its creation in Ukraine.
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Vennikova, V. V. « Disputes in the sphere of social security : ways of prevention, essence and methods of resolution in the countries of the European Union ». Analytical and Comparative Jurisprudence, no 3 (28 septembre 2022) : 98–102. http://dx.doi.org/10.24144/2788-6018.2022.03.17.
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The article examines the European experience of considering disputes in the field of social security, the ways of their prevention, the essence and methods of resolution, the possibility of borrowing positive assets of foreign states in the law enforcement practice of Ukraine is considered.
Having analyzed the European experience of resolving disputes in the field of social security, three ways of their possible settlement are distinguished: 1) with the help of special courts on social security issues (sectoral justice); 2) through a civil process in general courts; 3) by means of conciliation and arbitration procedures.
It was determined that a social model has developed in European countries, which is based on such values common to all EU member states, such as: a close connection between the level of economic development and social progress; high level of social security, which is universal in nature; developed legislation; equal opportunities and fight against discrimination; production democracy; dialogue of social partners within the framework of contractual relations; availability of developed social infrastructure; the key role of the state in solving social problems; the struggle for employment and eradication of the phenomenon of social rejection and poverty; decent salary; social justice and solidarity in society. These basic values also formed the basis of consideration and resolution of disputes in the field of social security. The listed values should form the foundation of the Ukrainian theory and practice of social disputes. It was determined that the national specifics and practice of each European state provide for the use of various methods of resolving social disputes with recourse to social courts, reconciliation services, mediation, arbitration and mediation. The activity of social courts is based on the principles of tripartite cooperation (tripartism). Court cases are considered by a panel consisting of a professional judge and two non-professional judges.
In addition, state mediation and mediation are effective measures for the pre-trial resolution of social disputes in the EU countries. They contribute to the relief of the judicial system, saving time and financial resources of the parties to the dispute. These institutions are little known for Ukraine and, at the same time, promising.
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Mazur, Viktoria, et Archil Chochia. « Definition and Regulation as an Effective Measure to Fight Fake News in the European Union ». European Studies 9, no 1 (1 août 2022) : 15–40. http://dx.doi.org/10.2478/eustu-2022-0001.
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Summary Fake news is relevant in most countries of the world; nowadays the disinformation and fake news are of great importance as they greatly affect different political and social aspects of public life including healthcare, elections, migration, economy, etc. People are free to express themselves in different forms on the Internet, including publishing any content due to the freedom of expression. In order to understand how to legally frame fake news, it should first be clearly defined. The problem of disinformation and fake news is closely connected to the fact that providing a new law on fake news is likely to not just overlap but even often to conflict with the legislations that guarantee freedom of expression as fundamental freedom in the European Union. After considering existing laws, comparing, and analyzing measures taken to combat fake news, it appears that legislation may lead to over-censoring, violating freedom of expression. For effective fighting with fake news and its negative impact on the EU public, regulation on fake news is not necessary, it brings more legal issues than benefits to combating the dissemination of disinformation. Clearly defining the borderline between fake news and lies in the context of freedom of expression can therefore be more useful, taking a balancing approach. The general public is in many cases lacking media literacy and it can be improved by strengthening the role of media, which should be more consistent and be aimed at educating modern society.
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Veerus, Piret, Joel Lexchin et Elina Hemminki. « Legislative regulation and ethical governance of medical research in different European Union countries ». Journal of Medical Ethics 40, no 6 (10 mai 2013) : 409–13. http://dx.doi.org/10.1136/medethics-2012-101282.
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Kobzeva, T. A., et G. Yu Mykhnovsky. « SOCIAL AND LEGAL PROTECTION OF ORPHAN CHILDREN AND CHILDREN DEPRIVED OF PARENTAL CARE ». Legal horizons, no 19 (2019) : 36–41. http://dx.doi.org/10.21272/legalhorizons.2019.i19.p36.
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This article is devoted to the study of the social and legal protection of orphans and children deprived of parental care in Ukraine and other countries of the world. The authors revealed the concept, nature, regulatory framework, types of bodies, state financial support, and directions of improving the protection of orphans and children deprived of parental care. It was emphasized that the social and legal support for the protection of the rights of orphans and children deprived of parental care in Ukraine needs to be further improved due to the issues of legislative consolidation and their practical implementation. According to our study, we conducted a statistical analysis of the number of orphans and children deprived of parental care, as well as of persons receiving retirement benefits. A number of scientific studies have been analyzed by scholars in the field of social assistance, labor law, and other jurisprudence related to retirement loss. Among the main areas of improvement, it was decided to amend the current legislation of Ukraine on the delimitation of the mediation activities regarding the adoption and professional activity of teachers and patron educators. Accordingly, recommendations were made regarding the possibility of establishing orphanages or foster homes, abandoning the system of general-type orphanages, and improving the conditions for the provision of foster care to a child. It was also proposed to create a legal framework that would regulate financial assistance for families with children and by improving the funding of regions, their programs, and strategies, and improving their financial situation. These regulatory issues have been analyzed with the addition of practical research from other scholars and jurisprudence. Ways of their solution and improvement of the current legislation have been adopted and developed on the basis of a thorough analysis of the legislation of the European Union countries. Keywords: legal regulation, social and legal protection, orphan, deprived of parental care, boarding school.
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Vapa Tankosić, Jelena. « Environmental Policy and Air Quality Standards of the European Union ». Journal of Agronomy, Technology and Engineering Management (JATEM) 5, no 6 (21 décembre 2022) : 818–25. http://dx.doi.org/10.55817/qgwn5703.
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In the last 50 years, environmental protection has become an indispensable part of most European initiatives and the basis of economic sustainable development. The EU's environmental protection is based primarily on available scientific and technical information for the future planning activities, taking into account the ecological state of the region, potential benefits that will arise from the application of specific measures or and harms due to the lack of implementation of the measures. All this is viewed from the aspect of the costs of environmental protection activities and the degree of contribution to the economic and social development of the region and the Union as a whole. Seven so far completed specialized Environmental Action Programs helped to improve both EU legislation and practice in member countries in the direction of sustainable development and environmental protection. On the other hand, since the beginning of the seventies of the twentieth century, the European Union has been dealing with the problem of improving air quality by controlling the emission of harmful substances into the atmosphere, as well as improving the quality of fuel and integrating guidelines for respecting the environment in the transport and energy sectors. For the Republic of Serbia, this issue is extremely important as it should follow, among others, the EU standards in the area of environmental protection and sustainable development, in the viewpoint of a potential EU member state. However, the adoption and implementation of the acquis of the EU in the field of environmental protection will require significant investments in the future.
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Kirilenko, V. P., et G. V. Alekseev. « Problems of Harmonization of European and Russian Legislation on Defamation ». Lex Russica 1, no 9 (26 septembre 2019) : 168–82. http://dx.doi.org/10.17803/1729-5920.2019.154.9.168-182.
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Russia’s integration into the global information space largely depends on how effectively fundamental human rights and freedoms will be protected by the current national legislation and the emerging integration law. Harmonization of Russian law with European standards of freedom of speech and protection of intangible rights of individuals and legal entities in terms of liability for defamation statements is a fundamentally important task to maintain the authority of the Russian Federation in the European political arena. The work of international human rights organizations, such as the International Press Institute, demonstrates the problems with ensuring real freedom of speech in the vast majority of European Union countries. The use of criminal sanctions for defamation offences, as well as the use of extremely large administrative fines and civil compensation, in fact, is a pan-European practice of countering not only defamation, but also any abuse of freedom of speech by the media community. Such practices could hypothetically threaten free speech, and they raise understandable concerns among the democratic public about the prospects of state institutions controlling private media. Calls for social and legal experiments in the form of regular attempts to decriminalize libel do not seem constructive. Based on the analysis of the Russian practice of bringing to responsibility for torts in the information space, it is proposed to understand defamation as any illegal dissemination of information with the aim of harming legally protected interests and to make wider use of civil liability measures in punishing such offenses. The authors propose to harmonize the European and Russian legislation on defamation through the development of uniform rules for the production of the forensic linguistic examination of the defamatory materials to substantiate evidence of the unlawful intent of delinquent.
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Stankiewicz, Wojciech Marcin. « Ustawodawstwo Unii Europejskiej wobec mniejszości narodowych i etnicznych - casus romski ». Sprawy Narodowościowe, no 44 (15 décembre 2014) : 82–101. http://dx.doi.org/10.11649/sn.2014.007.
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The legislation of the European Union towards national and ethnic minorities - the case of RomaThe European Union is still in the stage of creating the system of protection of national and ethnic minorities. Attempts of the European Parliament to improve the situation in the European Union need research and reflection. Social integration is the most important plane guaranteeing European integration, which is the basis for the future functioning of the European Union. The European community, which will be characterized by a common identity, will not be made up of individual countries but nations retaining their own diversity. Despite many efforts of the European Union the situation of the Roma minority has not dramatically improved. The main reasons are insufficient actions by the European Union, corruption of officials, and lack of interest for the Roma community among the Member States. So far, the measures taken have not produced desired results, so it’s necessary to devote more attention to this issue. The European Union needs strong support from other EU institutions and civil society. The main problem that affects the Roma community is long and difficult road to integration and acceptance by the other citizens of the European Union. A common phenomenon is the reluctance to strangers who are victims of discrimination. Strongly rooted stereotypes, lack of tolerance for other cultures proves that even the best-designed programs, as well as initiatives from the European Union are not sufficient. First of all, there is a need for commitment and unforced intercultural education from both the Roma and the rest of society, which will lead to mutual respect for differences. The phenomenon of social exclusion of the Roma minority is often related to their lifestyle, habits and patterns different from the rest of the society. Help which is offered by the European Union and the Member States is generally perceived as an attempt to breach the culture of the Roma minority and replace it with another. That is why the European Union should develop a range of mechanisms and measures that may be accepted by the Roma. Ustawodawstwo Unii Europejskiej wobec mniejszości narodowych i etnicznych - casus romskiUnia Europejska znajduje się dopiero na etapie tworzenia systemu ochrony mniejszości narodowych i etnicznych, jednak niezbędne będzie podjęcie wielu starań, debat oraz działań, w które koniecznie zaangażowane muszą być wszystkie państwa członkowskie. Próby podejmowane przez Parlament Europejski w celu poprawy sytuacji mniejszości narodowych i etnicznych w Unii Europejskiej mogą być odpowiednim impulsem do wstępnych refleksji. Pomimo wielu starań Unii Europejskiej oraz wykorzystania funduszy unijnych sytuacja mniejszości romskiej nie uległa dużej poprawie. Głównymi przyczynami są niedostateczne działania ze strony Unii Europejskiej, korupcja urzędników, a także brak zainteresowania społecznością romską państw członkowskich. Dotychczas podjęte działania nie przyniosły zamierzonych rezultatów, dlatego konieczne jest poświęcenie większej uwagi tej kwestii. Unia Europejska potrzebuje mocnego wsparcia innych instytucji unijnych oraz społeczeństwa obywatelskiego.
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Thörnqvist, Christer. « Welfare States and the Need for Social Protection of Self-Employed Migrant Workers in the European Union ». International Journal of Comparative Labour Law and Industrial Relations 31, Issue 4 (1 décembre 2015) : 391–410. http://dx.doi.org/10.54648/ijcl2015022.
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So-called bogus – or false – self-employment has been increasingly highlighted as a problem within the European Union (EU), especially since the first eastern expansion in 2004. Although the concept is not fully clear in legal terms, a common denominator of most definitions is that bogus self-employment can be seen as ‘disguised employment’, occurring when someone who has an employee status in practice is not classified as an employee, in order to hide the actual legal status and to avoid costs such as taxes and social security contributions. In the light of different welfare systems, industrial relations and EU legislation, this article discusses this issue, drawing empirically on findings from a project about precarious employment in twelve EU countries. Although there are some fairly strict definitions of the ‘employee concept’ within the EU, the difficulties of identifying the employer leave the bogus self-employed in a legal limbo. No European Social Model has curtailed this problem, despite an expressed desire to address all aspects of precarious work. However, the inclusion of all ‘self-employed’ workers within social insurance systems and workers with an employee status in practice seems possible also under existing EU regulations. It is rather a matter of goodwill and the resources to scrutinize the terms and conditions of employment.
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Wispelaere, Frederic De, Gabriella Berki et Snjezana Balokovic. « Montenegro’s accession to the European Union : Possible consequences of the free movement of persons for the Montenegrin social security system ». SEER 23, no 1 (2020) : 39–58. http://dx.doi.org/10.5771/1435-2869-2020-1-39.
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This article discusses the potential impact of the free movement of persons in the EU on the Montenegrin social security system. It can be argued that three variables will be of great importance: 1) mobility between Montenegro and other EU member states; 2) social security legislation in Montenegro; and 3) the social security Coordination Regulations. The scale of migration will be highly dependent on whether there are transitional arrangements and whether neighbouring countries, not least Serbia, join the EU at the same time. In order to avoid an erosion of the workforce and consequently of people paying taxes in Montenegro, it might be useful to negotiate transitional arrangements as well as to promote oth er types of labour mobility, such as intra-EU posting. Furthermore, it can be expected that Montenegro’s accession will have financial and administrative implications in the area of healthcare. After all, accession to the EU will lead to a further increase in the number of tourists and thus of the amount that Montenegro will have to recover from member states if unplanned healthcare has been provided in Montenegro.
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Myasoedov, V. V., et L. М. Derecha. « GUARANTEES OF LEGAL AND SOCIAL PROTECTION OF FORENSIC EXPERTS ». Theory and Practice of Forensic Science and Criminalistics 17 (29 novembre 2017) : 184–91. http://dx.doi.org/10.32353/khrife.2017.23.
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The paper considers the issues of legal and social protection of forensic experts of the state specialized institutions and forensic experts not working in these institutions, the need for compulsory insurance of their life and health. In terms ofpolitical and economic instability of the society the activities of expert institutions faces some difficulties caused by changes in the political and economic standards of life which is a negative and destabilizing factor. So, in our view, insufficient attention is paid to the social protection of both forensic experts of state forensic institutions and forensic experts who are not employees of these institutions. Social protection of forensic expert is regulated by article 18 of the law of Ukraine “On the forensic expertise" which specifies that issues ofpaymentfor labour and conditions of social protection offorensic experts are defined by the Code of Labour laws of Ukraine and other legislative acts of Ukraine. However, in this Law there is not specified the necessity of obligatory state insurance of forensic experts as it’s provided in the laws of other states including the countries of the European Union. Thus, we consider to be necessary to improve the legislation in force, in particular, to amend the Law of Ukraine on 3/7/1996 No. 85/96-ВР «On insurance» and to work out «The regulation on obligatory state insurance of life and health of forensic experts in Ukraine». The analysis of the listed problems evidences on the crying need in the further profound comprehension of the ways of their resolving, working out of the strategy of reforming and development offorensic expertise in Ukraine, updating of the legislation on legal and social protection both forensic experts of the state specialized institutions and the forensic experts who are not working in these institutions at the maximal approaching to the international standards.
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Sirotkina, Mariia, Olena Lomakina et Olena Shkarnega. « TOPICAL ASPECTS OF DCFTA IMPLEMENTATION IN THE JUDICIAL PROCEEDINGS ». Baltic Journal of Economic Studies 7, no 1 (22 janvier 2021) : 127–33. http://dx.doi.org/10.30525/2256-0742/2021-7-1-127-133.
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The Association Agreement between the European Union and Ukraine is a new format of relations aimed at creating a deep and comprehensive free trade area (DCFTA) between Ukraine and the EU with the gradual integration of Ukraine into the internal market of the European Union. Focusing on the experience of rule-making of the EU member states, it is necessary to define and implement the legal rules and principles of the national judiciary, taking into account the rules and principles of European law (Chornomaz, 2016). In accordance with the strategy of European integration of our country, the adaptation of Ukrainian legislation is to approximate it with the modern European legal system, which will ensure the development of the political, entrepreneurial, social, cultural activity of Ukrainian citizens, economic development of the state within the EU to facilitate the increase of standards of living of the population. The implementation of the provisions of European legislation provided by the economic part of the Association Agreement (AA) is extremely important in the context of reforms, as the provisions can and should serve as a basis for a new model of socio-economic development of Ukraine. The deepening of the processes of humanization and democratization of Ukrainian society, the gradual introduction of principles and rules of European law into the national judiciary through reforms in the field of justice, inter alia, have led to qualitative updating of criminal procedure legislation of Ukraine, in particular: use of differentiated approach to legal conflicts between persons who have committed criminal offences, which do not pose a great public danger, and victims; simplification and reduction of the procedure of criminal proceedings; ensuring procedural savings; reduction of the caseload; allowing the parties of the conflict to resolve issues of exemption from criminal liability in case of reconciliation between the offender and the victim independently, the appointment of the negotiated punishment and release from serving with probation, etc. Given the specifics of the approach to improving relations with neighbouring countries on a differentiated basis, the EU seeks to identify and base on existing positive sources of sustainability, as well as to monitor and respond to weaknesses with the appropriate set of methods and resources at its disposal. The purpose of the article is to study a theoretical and practical definition of challenges of adaptation of Ukrainian legislation to the legislation of the European Union, institutional and organizational mechanisms of DCFTA implementation in the field of justice and certain norms of the current criminal procedure legislation. Ukraine is undergoing the second phase of radical reform of government structures; it has been continuing for 15 years but, unlike other countries, it is much more difficult for Ukraine to get rid of the burden of past problems. Judicial reform is also underway and domestic legislation is being significantly changed, including the transformation of the judicial proceedings. The topical issue of the development of judicial reforms is an imperfection, and sometimes a contradiction of regulations, which negatively affects the process of realization of rights and responsibilities of all subjects of public relations, slows down the development of Ukraine as a state governed by the rule of law. However, the introduction of institutions of concluding agreements, simplified proceedings, probation, and later mediation, into the criminal procedure legislation of Ukraine indicates the readiness of our state to change the concept of criminal procedure in accordance with the European standards, which will improve the situation of all parties to criminal proceedings. However, they need further completion and improvement. We are convinced that the introduction of such institutions will contribute to the legal development of society to achieve the European standards of restorative justice, which will encourage the further introduction of the latter in the legislation of Ukraine, resolving criminal conflicts by reaching a compromise between parties in cases specified by law. One of the ways to solve this problem in Ukraine is to regulate the process of adoption of regulations by the subjects of rule-making and taking into account the provision that legality as an objective property of law, in general, is the necessary condition and the main principle of the rule-making process.