Artículos de revistas:

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Dąbrowska, Anna. "Influence of the Law of the Council of Europe on Substantive Administrative Law in Poland. Selected Issues". Studia Iuridica Lublinensia 29, n.º 1 (29 de marzo de 2020): 67. http://dx.doi.org/10.17951/sil.2020.29.1.67-83.

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<p>Legislative powers of the Council of Europe have a crucial impact on the domestic legal systems of the EU Member States including substantive administrative law, i.e. such an area of administrative law which defines rights and responsibilities of the public administration bodies and citizens. The legislation created by the Council of Europe’s bodies has a great impact on the areas of law which were earlier regarded as the exclusive responsibility of a given country. The Council of Europe has always been a major source of standard setting. This paper analyses selected areas of substantive administrative law taking into account hard law and soft law documents developed under the auspices of the Council of Europe.</p>

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2

Irakli, Tedoradze. "The Principle of Freedom of Contract, Pre-Contractual Obligations Legal Review English, EU and US Law". European Scientific Journal, ESJ 13, n.º 4 (28 de febrero de 2017): 62. http://dx.doi.org/10.19044/esj.2017.v13n4p62.

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The impregnable foreign policy of Georgia is to become a full and equal member of the world. Over the past decade the country has been actively trying to integrate into the European economy, to regulate and harmonize the legal space, which will help the state to become attractive both for the world community, as well as potential investors and significantly strengthen its position in the domestic economy. A step forward in this direction may be considered signing the EU association agreement. This event clears the way to Europe for the business of Georgia. Therefore, it is extremely important to establish the proven regulations of Europe and to develop the legal space in compliance with international standards. All of this, of course, require legislative changes within the country in terms of its development, improving and adaptation, especially civil, antitrust, antidumping and competition regulatory legislation.

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3

Jovanovic, Sladjana. "New criminal law responses of the Republic of Serbia to violence against women". Temida 22, n.º 2 (2019): 169–87. http://dx.doi.org/10.2298/tem1902169j.

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The Republic of Serbia, within the framework of (intolerably) frequent amendments to the criminal legislation (often rooted in populist demands), has also improved its response to violence against women, which is the subject of this paper. In the first place, new criminal offences have been analyzed, as well as the more severe legislative penal policy, the main features of the Law on the Prevention of Domestic Violence, and the link between the legal framework and the judicial practice, in order to point out the existing shortcomings. The author concludes that changes in approaches are most often explained as necessity due to European integration, and harmonization with the EU law (in the field of protection of women from violence, for which the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence is of particular importance), so there is an impression that the changes are more formal, declarative and not well-thought-out.

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Safjan, Marek. "Domestic Infringements of the Rule of Law as a European Union Problem". osteuropa recht 64, n.º 4 (2018): 552–60. http://dx.doi.org/10.5771/0030-6444-2018-4-552.

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In some countries of central Europe the rule of law is directly threatened by a new type of legislation based on the zeal of the political majority to establish a completely different political system than the one that was built after the collapse of the communist system. From that perspective, there is little place for the principle of separation of powers and the independence of the judiciary is threatened. This contribution discusses the multilevel dimension of the rule of law principle in the EU, issues in the context of the disrespect for the rule of law as a case of systemic deficiencies, followed by a brief discussion of the Copenhagen accession criteria. The article concludes that the rule of law principle as recognised under EU law is by no means of a merely symbolic nature, and that domestic legislation abolishing key safeguards of the rule of law can be scrutinized not only under the EU Charter of fundamental rights, where applicable, but also under the TEU. Without the solidarity of all Europeans, however, the preservation of our basic values and the future of the EU are in serious danger.

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5

Mendelski, Martin. "The eu’s Pathological Power: The Failure of External Rule of Law Promotion in South Eastern Europe". Southeastern Europe 39, n.º 3 (22 de diciembre de 2015): 318–46. http://dx.doi.org/10.1163/18763332-03903003.

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What impact does the European Union (eu) have on the development of the rule of law in South Eastern Europe (see)? The author of this article argues and shows that the eu has: 1) a positively reinforcing (healthy) effect with regard to judicial capacity and substantive legality, i.e. the alignment of domestic legislation with international standards, and 2) a negatively reinforcing (pathological) effect with regard to judicial impartiality and formal legality (the inner morality of law). The author explains the pathological impact of eu-driven rule of law reforms by referring to the eu’s deficient reform approach and to unfavorable domestic conditions, which in their interplay reinforce certain reform pathologies (legal instability, incoherence, politicization) that undermine the rule of law. The main argument is supported by a mixed method study. A quantitative indicator-based analysis measures rule of law development across four key dimensions on the basis of a variety of data (e.g. survey-based indicators, cepej data, and a unique dataset on legislative output). Additionally, the author draws on a number of qualitative interviews that he conducted with magistrates from see and representatives from the eu, the European Court of Human Rights, and the Council of Europe. The author concludes from these findings that external rule of law promotion in weak rule of law countries is not transformative, but rather reinforces systemic deficiencies that undermine the rule of law.

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Lisk, Joel y Melissa de Zwart. "Watch This Space: The Development of Commercial Space Law in Australia and New Zealand". Federal Law Review 47, n.º 3 (17 de junio de 2019): 444–68. http://dx.doi.org/10.1177/0067205x19856498.

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Space law is regulated largely by international treaties which have little to say regarding the use and regulation of commercial space. As the costs of access to outer space decrease and the benefits exponentially increase, more countries are seeking to support and encourage ‘NewSpace’ entrepreneurs in order to establish commercial space industries. Australia has been a minor player in the space domain, primarily through involvement with Europe and the US since the late 1960s, but its domestic legislation bears little relevance to the shape of space industry today. Australia’s neighbour, New Zealand, now wants to become a NewSpace incubator and has recently enacted legislation designed to make it a competitive host nation for launch providers. This article will compare the regulatory space regimes of these two countries to provide an assessment of the importance of domestic regulation in fostering competitive commercial space services, for countries seeking to become competitive in the commercial space race.

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7

Miladinović-Stefanović, Dušica. "Forced marriage in Serbian legislation: Between legal tradition and new legal challenges". Zbornik radova Pravnog fakulteta, Novi Sad 54, n.º 1 (2020): 289–307. http://dx.doi.org/10.5937/zrpfns54-24446.

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The right to freely decide on the conclusion or dissolution of marriage traditionally falls into the corpus of human and civil rights which are guaranteed both at the international and the national level. In Serbian legislation, the implications of being deprived of this right, particularly as a result of coercion or duress, are two-fold: in the sphere of civil law, it is one of the legal grounds for voidability of marriage (Art. 38 of the Family Act) while, in the field of criminal law, it is qualified as a special criminal offence of forced marriage (Art. 187a of the Criminal Code). The initial text of the Criminal Code did not contain the incrimination of forced marriage, it was introduced by novelties in 2016, during the process of harmonising domestic legislation with the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention), which was signed and ratified by the Republic of Serbia. Thus, Serbia assumed an obligation to adjust and enhance its system for the protection of victims of violence. The author in this paper seeks to examine the criminal protection from forced marriage in its historical vertical, analyzing earlier criminal-law responses to this phenomenon, critically considering the capacities of positive law, but also dealing with possible directions for its further development.

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8

Karadjova, Mariana. "Property Restitution in Eastern Europe: Domestic and International Human Rights Law Responses". Review of Central and East European Law 29, n.º 3 (2004): 325–63. http://dx.doi.org/10.1163/1573035042132932.

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AbstractThis article presents an overview of how those East European countries that are members of the Council of Europe have approached the problems of restitution as a means of reparation for past injustices. In doing so, attention will be paid to: the entitled persons and the extent of restitution; the underlying motivations vis-à-vis the form of reparation (restitution in kind or compensation), and attitudes towards minority groups and foreigners as part of the restitution process. Emphasis will also be given to the role played by international instruments (the ECHR and its future Protocol 12, the International Covenant on Civil and Political Rights, various UN resolutions, etc), as well as by judicial institutions (the European Court of Human Rights, the UN Human Rights Committee) in the evolution of the restitution process in Eastern Europe in general, and regarding such issues as equality between foreigners and nationals as well as minority and religious groups and the elaboration of an international standard of restitution as reparation for abuses of human rights in particular. The bodies of the ECHR have managed to avoid problems related to restitution and reparations for past injustices by arguing that the right of restitution is not guaranteed by art.1 of Protocol 1 to the the ECHR. But the entry into force of a new Protocol 12 to the Convention will likely result in changes being made in this thought process, at least as regards the position of foreigners. If measures denying restitution, owing to the claimant's nationality, were taken after ratifi cation of Protocol 12, the way should be opened in the future to foreigners (in addition to procedures before the UN Human Rights Committee) to more effectively defend their rights relative to such restorative measures: notably, the possibility of seizing the Strasbourg Court with claims relating to justifi cation for "unequal treatment". The right to remedy the injustices committed to the victims of violations of human rights and international humanitarian law has appeared with increasing frequency on the agenda of the UN Commission on Human Rights. Furthermore, in its recent case law, the UN Human Rights Committee has evidenced a concern over several questions relating to the respect of possessions; it has already opted for the proposition that any discrimination on the basis of nationality in restitution legislation can be deemed to be a violation of the International Covenant on Civil and Political Rights. Lastly, after ratifi cation of Protocol 12, we can expect a link to be forged between the vision of the UN Commission on Human Rights and that of the European Court of Human Rights that may—in the future—lead to the elaboration of a common international mechanism regulating restitution as a means for the reparation of abuses of human rights.

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Alisoy, Khalida. "Developing the right to social security: the experience of European countries". Law Review of Kyiv University of Law, n.º 2 (10 de agosto de 2020): 54–58. http://dx.doi.org/10.36695/2219-5521.2.2020.09.

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Goal: analysis of the development trend of social security law in the practice of developed European countries.Methods of research: analysis and study of domestic legislation on social security.Results: The article analyzes the legislation on social security of a number of economically developed countries of WesternEurope (Germany, France, Great Britain). The main purpose of the analysis is to identify the consistency of the social security legislationof these countries with international law and to identify opportunities to benefit from the positive experience of these countries ingeneral.A high level of social protection is being established in these countries. Nevertheless, the presence of differences in the internalpolitical situation, national traditions, the level of economic development and the social sphere is noted. It is recognized that the leadingstates of Western Europe, despite their natural differences, have common values that unite them. This is due to the fact that these stateshave long recognized that social justice and social equality contribute to economic development. The European social model providesfor joint actions of states and civil society in this area, aimed at meeting the material needs of all citizens, participation in society,strengthening social cohesion.Discussion: take advantage of the experience of developed European countries in the development of social security legislation.

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10

Paris, Davide. "Constitutional courts as European Union courts". Maastricht Journal of European and Comparative Law 24, n.º 6 (diciembre de 2017): 792–821. http://dx.doi.org/10.1177/1023263x17747232.

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In principle, constitutional courts do not review questions of domestic compliance with EU law, as these are considered to be outside their jurisdiction. But there are several exceptions in which EU law serves as a yardstick for constitutional review. This article focuses on these exceptions from a comparative perspective. First, it describes the ‘state of the art’ by examining whether and to what extent constitutional courts already use EU law as a standard for their decisions and invalidate domestic legislation or courts’ decisions that conflict with EU law. Then, it explores the limits within which EU law can be invoked as a yardstick for constitutional review without jeopardizing the principle of primacy of EU law. Finally, it argues that constitutional courts should not be afraid to embrace EU law as a standard for review: Doing so would not only contribute to a better protection of fundamental rights and the rule of law in Europe, but would also further the interests of constitutional courts.

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11

Haenen, Iris. "Down the Aisle of Criminalization: The Practice of Forced Marriage". European Journal of Crime, Criminal Law and Criminal Justice 23, n.º 2 (18 de abril de 2015): 101–20. http://dx.doi.org/10.1163/15718174-23022063.

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Awareness of the practice of forced marriage — which refers to a marriage that at least one of the spouses entered into against their will, as a result of some form of coercion exercised by another person — is growing in Europe. Forced marriage is a daily reality in all European countries and has severe consequences for victims. Taking the 2011 Council of Europe Convention on preventing and combating violence against women and domestic violence as a starting point, this article aims to answer the question of whether the phenomenon of forced marriage ought to be separately criminalized in The Netherlands and England in light of the principle of internal subsidiarity. Comparing Dutch and English legislation concerning the practice of forced marriage, this article demonstrates the various intricacies of Dutch and English criminal law and then proceeds to argue that there are lacunae in the penal laws of both countries that require legislative action.

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12

Squatrito, Theresa. "Domestic legislatures and international human rights law: Legislating on religious symbols in Europe". Journal of Human Rights 15, n.º 4 (20 de octubre de 2015): 550–70. http://dx.doi.org/10.1080/14754835.2015.1103157.

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13

Hoentzsch, Susanne. "Discrimination in Individual-Related Employment – A View from Europe and Germany to Canada, analysing the Requirements and the Background of the European Anti-Discrimination Directives". German Law Journal 7, n.º 10 (1 de octubre de 2006): 795–818. http://dx.doi.org/10.1017/s2071832200005125.

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Sometimes it seems that the EC directives could be a framework for the Canadian anti-discrimination system, too. They open ways to create procedures which are working for a long time in Canada. This does not mean this can be adopted in EC member states because there are too many peculiarities amongst domestic legislation. The problem seems to combine the directives, formed by influence from the North American legislation,130 with the European understanding of law. Especially in Germany, where employees are well protected by the law, the well-balanced system of rights is in danger. This danger does not seem to be banished by the new AGG which adopted many regulations of the directives without giving answers to questions of its implementation. But seeing the practice in other countries could bring thought-provoking impulses for the embodiment and the use of anti-discrimination law.

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Pushkar, Pavlo. "Cases of the European Court of Human Rights significant for European integration of Ukraine: “Maidan judgments” concerning Ukraine, of 21 January 2021 (final on 21 April 2021)". NaUKMA Research Papers. Law 7 (20 de julio de 2021): 96–101. http://dx.doi.org/10.18523/2617-2607.2021.7.96-101.

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The present case commentary is focused on cases concerning the so-called Maidan events of 2013-2014. The commentary suggests that the cases at issue underline existence of the long-standing systemic and structural problems within the domestic legal system of Ukraine, which need to be resolved, notably in order to harmonise the legislative and institutional framework of protection of human rights with the requirements of the European human rights law, which incorporates both the European Convention of Human Rights and the EU Charter of Fundamental Rights. The cases touch upon a number of previously deficient legislative provisions and institutional practices. However, most importantly they underline the need to adopt legislation to regulate and ensure protection of freedom of association. Such demand is clearly ensuing from the case-law of the Court and its findings in specific cases as to the lack of coherent legislative framework for this right. The extensive Council of Europe expertise in the area covered by the judgments is surely of reference to the implementation measures – the CPT standards, Venice Commission recommendations, other elements, as well as the findings of the International Advisory Panel are all of relevance. Change is needed urgently as the problems identified in the judgments of the Court clearly fall within the rule of law and justice cooperation aspects of interaction not only with the Council of Europe, but also with the European Union, under the Association Agreement with Ukraine.

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Hotsuliak, Svitlana. "Legal regulation of sanitary affairs in Europe in the 19th century". Law and innovations, n.º 1 (29) (31 de marzo de 2020): 65–70. http://dx.doi.org/10.37772/2518-1718-2020-1(29)-10.

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Problem setting. Since ancient times, guardianship of the health of the population has become an obligatory part of the foundation of a powerful state. Later on, special bodies began to be created, whose powers at first were limited only to the monitoring of food supplies, but with the spread of epidemics their role increased and spread around the world. In the 19th century, cities began to grow rapidly and the number of inhabitants increased. States were faced with the challenge of ensuring healthy living conditions. Analysis of recent researches and publications. The scientific research on this issue is reflected in the works: Derjuzhinsky V.F., Busse R, Riesberg A., Lochowa L. V., Hamlin C., Shambara K., Norman G. Scientists have analysed the regulatory framework of individual countries in the medical context. Target of research. Identification of the essence and features of sanitary legislation (including international sanitary conventions, interstate agreements on sanitation and epidemiology) operating in the territory of European countries in the XIX century. Article’s main body. The legal and regulatory framework for sanitation includes a set of legal, technical and legal standards, the observance of which involves ensuring that an adequate level of public health is maintained. European countries in the nineteenth century devoted considerable attention to sanitation not only in domestic law, but also in the international arena. Health protection, sanitation and preventive measures are reflected in many legislative acts, for example, the “Medical Regulations” (Prussia, 1725), the “Law on Health Insurance during Diseases” (Germany, 1883) and, in Austria, the “Health Statute” (1770), the “Public Health Act” (Great Britain, 1848 and 1875) and the “Medical Act” (Great Britain, 1858) and the “Public Health Protection Act” (France, 1892). The legislative acts formulated the powers of sanitary authorities, and in the same period, works on the impact of ecology on human health and on the importance of a healthy lifestyle appeared. The State has a duty to protect citizens who have the sole property, their labour, but health is essential to work. Separately, it should be noted that in the middle of the XIX century elements of the international health system began to emerge in Europe. In particular, starting from 1851. At the initiative of France, a number of international conferences on sanitation were organized in Paris. Subsequently, such conferences were held in Constantinople (1866), Vienna (1874), USA (1881), Rome (1885), Dresden (1893). These conferences addressed various issues of sanitation and the fight against epidemic diseases. At the same time, the application of land and river quarantine in Europe was considered impossible by most delegates. Instead, the use of “sanitary inspection” and “observation posts” with medical personnel and the necessary means for timely isolation of patients and disinfection of ships was recommended Conclusions and prospects for the development. Thus, the forms of organization of national health systems in Europe in the 19th century were diverse. Each country created and developed its own unique systems, different ways of attracting financial resources for medical care and health preservation. Thanks to the development of the legislative framework, water supply, sewerage, working and living conditions, sanitation and hygiene have improved. International cooperation to combat epidemics has made a significant contribution to the development of effective and progressive legislation in the international arena, and has greatly influenced the creation of appropriate domestic legislation in Member States, developing more effective models to combat epidemic diseases.

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BREZINA, Tetiana M., Nadiia P. BORTNYK y Iryna Yu KHOMYSHYN. "Access to Justice: Ukraine and Europe". Journal of Advanced Research in Law and Economics 11, n.º 4 (15 de junio de 2020): 1122. http://dx.doi.org/10.14505//jarle.v11.4(50).06.

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The paper examines the right of access to justice through the lens of domestic and European experience. The purpose of the study is to improve the theoretical and legal provisions of the content of the right of access to justice based on European experience, the formation of its modern concept, including the construction of proposals for defining this concept in the domestic doctrine of the judiciary. The methodological basis of the study comprises a set of methods that have been comprehensively used to achieve the purposes of this paper: the study of the legal nature of the right of access to justice, the establishment of its structural elements, the formulation of conclusions and proposals for the implementation of European Court of Human Rights standards in Ukrainian legislation was carried out with the use of system-structural and Aristotelian methods. It is noted that the access to justice is the availability, legal consolidation, and direct functioning of guarantees stipulated by law, which allow everyone to freely exercise their right to judicial protection and restoration of the violated right. It is concluded that the right to judicial protection cannot be exercised without a mechanism of access to justice and legal regulation. Ukraine, as a full subject of international law, must guarantee, based on universal standards, the personal right of every individual to free access to justice. However, identification of the social nature of the right of access to justice, for any state, including Ukraine, means an assertion of a fairly wide margin of appreciation both upon specifying forms of support for citizens to exercise the right, and upon determining the categories of citizens who need such support. This obliges the legislator to respect the constitutional principles of justice, equality, proportionality, as well as stability and guarantee of human and civil rights in Ukraine.

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Zaika, Yuri. "Directions of Updating the Inheritance Legislation of Ukraine". Journal of the National Academy of Legal Sciences of Ukraine 27, n.º 1 (26 de marzo de 2020): 84–99. http://dx.doi.org/10.37635/jnalsu.27(1).2020.84-99.

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The paper investigates the issues of updating the inheritance legislation. The purpose of this paper is to substantiate the first steps towards the creation of a scientific concept for the reform of inheritance law. The need to improve inheritance legislation is conditioned by a number of circumstances: new developments in the doctrine of inheritance law; law enforcement practices and problems that arise in courts upon considering hereditary disputes; the need to adapt domestic legislation to that of EU countries; consideration of Ukraine's aspirations for the European community. The dominant research methods are the comparative method and the modeling method, the use of which allowed to carry out comparative law analysis of the hereditary legislation of foreign countries and Ukraine and to identify the tendencies of development of the inheritance law, to understand the methods of overcoming the arising issues. Features of testamentary capacity of minors are revealed. An opinion was expressed that the legal regulation of relations involving post-mortem children and children born with the help of reproductive technologies may go beyond hereditary. Given the historical experience, the place of inheritance law in the civil law system was determined. The conclusion on the necessity of extending the freedom of testation by introducing simplified forms of it is justified: legalization of a simple written form of thetestament, and in extraordinary circumstances – the admissibility of announcement of the testamentary disposition in oral form. The legal nature of the secret covenant was identified; the norm of the testament with condition was modelled. Supplementary ways of protecting the rights of the testator are proposed, including appeal to the court for the removal of a person entitled to a compulsory share of inheritance from succession. The provision that the grounds for reducing the size of the obligatory share of the heir should be specified in the law is substantiated. Adoption of proposals aimed at improving legislation will facilitate the implementation and protection of inheritance rights. The overall result of the study lies in the need to recodify the inheritance legislation of Ukraine with consideration of the positive experience of continental Europe.

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Sedacca, Natalie. "Migrant domestic workers and the right to a private and family life". Netherlands Quarterly of Human Rights 37, n.º 4 (diciembre de 2019): 288–310. http://dx.doi.org/10.1177/0924051919884754.

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Domestic workers are mainly women, are disproportionately from ethnic minorities and/or international migrants, and are vulnerable to mistreatment, often receiving inadequate protection from labour legislation. This article addresses ways in which the conditions faced by migrant domestic workers can prevent their enjoyment of the right to private and family life. It argues that the focus on this right is illuminating as it allows for the incorporation of issues that are not usually within the remit of labour law into the discussion of working rights, such as access to family reunification, as well as providing for a different perspective on the question of limits on working time – a core labour right that is often denied to domestic workers. These issues are analysed by addressing a case study each from Latin America and Europe, namely Chile and the UK. The article considers impediments to realising the right to private and family life stemming both from the literal border – the operation of immigration controls and visa conditions – and from the figurative border which exists between domestic work and other types of work, reflected in the conflation of domestic workers with family members and stemming from the public/private sphere divide.

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Paunovic, Nikola. "Sexual harassment from anti-discriminatory to criminal law regulation with reference to the key reasons for the invisibility of the victims". Temida 22, n.º 3 (2019): 319–43. http://dx.doi.org/10.2298/tem1903319p.

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Ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence adopted in 2011 creates an obligation for the Party States to take the necessary legislative or other measures to ensure that sexual harassment is subject to criminal or other legal sanctions. Bearing in mind that sexual harassment, even before the adoption of this Convention, was prescribed by the anti- discriminatory and labour laws of the Party States, the paper focuses on the analysis of normative regulation of sexual harassment in the criminal legislation of the Republic of Serbia as well as in the comparative legal solutions, with the purpose of discussing the most important controversial issues concerning this new incrimination, giving particular attention to considering key reasons of objective and subjective nature that affect the invisibility of the victims of this criminal offence. Recognizing deficiencies of the criminal law regulation of sexual harassment, above all the widespread zone of punishability, de lege ferenda proposal for a normative reformulation of the essential elements of this criminal offence is provided in the concluding considerations, with the purpose of improving its application in practice.

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

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

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Block, Laura y Saskia Bonjour. "Fortress Europe or Europe of Rights? The Europeanisation of Family Migration Policies in France, Germany and the Netherlands". European Journal of Migration and Law 15, n.º 2 (2013): 203–24. http://dx.doi.org/10.1163/15718166-12342031.

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Abstract Are the restrictive reforms of family migration policy recently implemented in France, Germany and the Netherlands a result of the introduction of the Family Reunification Directive in 2003? Most existing literature on the Europeanisation of migration policies suggests that restriction-minded national governments shift decision-making to the EU level to escape domestic political and judicial constraints. However, as the Treaties of Amsterdam and Lisbon have empowered the Commission and Court to constrain restrictive reform, this perspective is losing analytical validity. Also, this perspective fails to capture the intensifying processes of policy transfer among Member States, which have inadequately been labelled ‘horizontal’ Europeanisation. We therefore propose a new, actor-centred analytical framework of Europeanisation. We show that contrasting yet parallel dynamics of Europeanisation may emanate from a single legislative instrument and may constrain and empower national governments at the same time.

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Bregu, Meljana. "The Impact of the Council of Europe and the Process of European Integration on Protection of Human Rights in Albania". Review of European Affairs 4, n.º 1 (2020): 17–26. http://dx.doi.org/10.51149/roea.1.2020.2.

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The European integration process of Albania is bound to fulfillment of the accession criteria, a political criteria related to stability of institutions guaranteeing democracy, rule of law and protection of human rights. Protection of human rights is a core value for the EU as well as a pre- condition for candidate countries. The European Commission, through the annual progress reports, monitors protection of human rights and compliance of the domestic legislation with international human rights instruments; particularly the European Convention of Human Rights. Also, the Commission evaluates cooperation with the European Court of Human Rights and executions of the Court’s decisions. The paper aims to analyze implementation of the acquis and European standards on the abolishment of the death penalty and on prevention of torture and ill-treatment. The paper considers the progress reports and some of the judgments of the European Court of Human Rights on prevention of torture and ill-treatment. According to the progress reports, the main conclusion is that Albania has an adequate legal framework that guarantees human rights, but the main concern is still the implementation of legislation.

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23

Pushkar, Pavlo. "Cases of the European Court of Human Rights Significant for European Integration of Ukraine: Levchuk v. Ukraine, Judgment of 3 September 2020 (Final on 3 December 2020): Case Commentary". NaUKMA Research Papers. Law 6 (15 de febrero de 2021): 73–76. http://dx.doi.org/10.18523/2617-2607.2020.6.73-76.

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The decision of the Strasbourg Court in the Levchuk case is important from the point of view of Ukraine's European integration prospects: first, from the point of view of the judicial system's response to domestic violence; secondly, from the point of view of the basic legislation concerning the possibilities of the state's response to these manifestations and the available means of protection. Thirdly, this concerns the ratification of the Istanbul Convention (Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence), which entered into force on 1 August 2014, since Ukraine signed the Convention but has not yet done so. party in the absence of ratification of the Convention. It is clear that the future actions proposed by the Ukrainian authorities should be based on the established case law of the European Court of Human Rights, as well as on other international legal instruments, including the Istanbul Convention, which was signed but not ratified by Ukraine. Last but not least is the recognition of the Istanbul Convention as one of the key elements of the EU's foreign, and therefore domestic, policy as a legal mechanism for systematically combating domestic violence.

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24

Mäger, Kerttu. "Enforcing the Judgments of the ECtHR in Russia in Light of the Amendments to the Law on the Constitutional Court". Juridica International 24 (9 de octubre de 2016): 14. http://dx.doi.org/10.12697/ji.2016.24.02.

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The paper was written to analyse the enforceability of the judgements of the European Court of Human Rights in Russia, particularly in light of recent amendments to the Law on the Constitutional Court and relevant case law of the Constitutional Court of Russia. Article 46 of the European Convention on Human Rights, obliging member states to execute the judgements of the European Court of Human Rights, does not leave room for ‘cherry-picking’ in enforcing the judgements. However, the Constitutional Court has suggested that Russian authorities should indeed engage in cherry-picking and may refuse to enforce judgements that are not in accordance with the Russian Constitution as interpreted by the Constitutional Court. In December 2015, the Russian parliament amended the Law on the Constitutional Court so as to empower said court to declare judgements of the European Court of Human Rights unenforceable when implementation would be in conflict with the Constitution of Russia. The paper discusses the background of these developments and alternatives for overcoming the conflict between domestic legislation and the instruments of the Council of Europe.

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25

Syngaivska, Inna. "Foreign experience of reglamentation of criminal responsibility for coercion to marriage". Slovo of the National School of Judges of Ukraine, n.º 2(31) (30 de julio de 2020): 58–69. http://dx.doi.org/10.37566/2707-6849-2020-2(31)-5.

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The unification of criminal legislation is the most powerful method of international law influencing on national criminal-law systems. In accordance with the comparative legal researching of the criminal liability regulation is the accumulation of law-making practice experience in counteracting of a particular crime, in our research – counteracting of coercion to wedlock. Ukraine hasn’t ratified the Council of Europe Convention on the Prevention and Combating of Violence against Women and domestic violence; Istanbul Convention (hereinafter referred to as the «Istanbul Convention») yet, but a number of its provisions have been implemented into national law. The article 37 of Istanbul convention determines a «force marriage» and determines that parties apply all legislative or other events are needed for providing of criminal responsibility of intentional behavior, that compels adult or child to marriage. European states in dominant majority determine the coercion to marriage as a separate crime. In this context, national criminal law concerning forced marriage is assessed to be fully consistent with current trends of criminal legal protection rights, individual freedom and marriage and family relations in accordance with the criminal law of foreign countries and international treaties (e.x. Istanbul Convention)). There are two positions of coercion to marriage singled out in foreign countries legislation: as an attack on personal freedom (Norway, Germany, Switzerland, Sweden, Denmark, the Netherlands, France, Spain, Austria) and as an attack on marriage and family relations (Bulgaria, Belgium, Montenegro, Serbia). According to criminal law of Belgium, Austria, Sweden and Ukraine the responsibility for coercion cohabitation is provided, besides coercion to marry. Switzerland, legislator singles out a special form of coexistence – forced registration to same-sex partnership. The use of violence and threats of violence are typical and alternative methods of coercion to marriage. However, there are some exceptions as: forced marriage under the threat of breach or termination of family relationships with family members; threat of slander and use of direct slander. According to Article 151-2 of Ukrainian Criminal Code «coercion» is a crime-forming feature, which is determined by a socially dangerous and unlawful act. Forming a criminal law prohibiting of forced marriage, Ukrainian legislator doesn’t follow the list of socially dangerous methods, leaving the interpretation of this issue for law enforcement practice. In regard to the issue of punishment for coercion to marriage European legislators have unequivocal position and determine the punishment in the form of imprisonment. Appropriate legislative experience of the foreign countries should be borrowed in order to harmonize of the national coercion marriage legislation. We recognize that it is expedient to define a fine as a compulsory additional penalty for coercion, in view of sentencing courts practice. Key words: coercion to marriage, coercion to enter dormitories, criminal liability, crimes against freedom, honor and dignity of a person.

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26

Betlem, Gerrit. "TORTS, A EUROPEAN IUS COMMUNE AND THE PRIVATE ENFORCEMENT OF COMMUNITY LAW". Cambridge Law Journal 64, n.º 1 (24 de marzo de 2005): 126–48. http://dx.doi.org/10.1017/s0008197305006811.

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THERE is a lively debate among scholars in Europe about how, if at all, the private laws (tort, contract, property) of the European nation states should be harmonised. Views range from no harmonisation at all, soft law methods such as models contained in Principles, step by step case law developments, to a fully fledged binding European Civil Code. Another hotly debated issue is the disharmonisation (fragmentation) of domestic systems of private law as a result of current and ongoing EC level harmonisation. The prime consequence of this partial legislative intervention is an enhanced role for the judiciaries of those jurisdictions: they are inevitably entrusted with the fine-tuning of the interaction between domestic and EC private law. Alien concepts make their entry into a Member State’s Civil Code or common law doctrine that do not necessarily easily fit (one scholar has called these “legal irritants”). Most likely, for the foreseeable future, piecemeal harmonisation of specific, and more or less narrow, legal fields is the only show in town.

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27

Yanev, Lachezar. "Dutch Criminal Justice for Ethiopian War Crimes". Journal of International Criminal Justice 17, n.º 3 (1 de julio de 2019): 633–59. http://dx.doi.org/10.1093/jicj/mqz023.

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Abstract The past few years have witnessed a proliferation of universal jurisdiction proceedings in Europe, many of which concern asylum seekers suspected of committing international crimes in Syria and the wider region. Alongside the known practical challenges of such trials, these trials also raise a range of normative questions regarding inter alia the scope of universal jurisdiction and the applicable legal standards in such proceedings. This article unpacks several such questions through the lens of a recent Dutch case in which a former refugee, who was granted asylum in The Netherlands and later obtained Dutch citizenship, was tried and convicted by a local court in The Hague of war crimes committed in Ethiopia four decades ago. The judges used an amalgam of Dutch and (customary) international criminal law to convict the accused. They defined the charged war crimes in strict conformity with the standards established in international legislation and jurisprudence, relied exclusively on Dutch law to define one of the applied modes of criminal liability (co-perpetration), and synthesized Dutch and international law to define the other (command responsibility). To what extent does the notion of universal jurisdiction accommodate such choices of law, and how is the use of domestic criminal law on modes of liability in such proceedings compatible with the principle of legality?

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28

Khabrieva, Talia y Zalina Khamchieva. "The Venice Commission: the 30 Years of History". Contemporary Europe 103, n.º 3 (30 de junio de 2021): 5–16. http://dx.doi.org/10.15211/soveurope320210516.

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The article is dedicated to the results of thirty years activity of the European Commission for Democracy through Law (Venice Commission of the Council of Europe), which is a recognized expert center in the field of constitutional law. Russia has been participating in its work since 2002. The purpose of the article is to show the evolution of the VC expert opinions’ problematics from the general problems of constitutional reforms to the specification of individual institutions, the assessment of electoral systems, the effectiveness of justice, guarantees of civil and political rights of citizens. This comparative analysis contributes to a better understanding of the Commission's current activities. The main stages of the Commissions’ formation are considered. The authors explore the expansion of the geographical sphere of Venice Commission’s influence and the strengthening of its role in the political-legal and scientific-legal fields. The conducted research makes it possible to fill an obvious gap in the domestic science of comparative and constitutional law, since there are only a few special works dedicated to the Venice Commission. The article sets out tasks that can contribute to the shaping of new directions for the development of legal science, taking into account the experience of the Commission and its contribution to the improvement of democratic institutions. The work is intended for scientists specializing in comparative and constitutional law, teachers and students studying the law of the Council of Europe. An optional seminar on the legal positions of the Venice Commission was organized at the Master's program of the Institute of Legislation and Comparative Law under the Government of the Russian Federation.

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Bondarenko, O. S. "CRIMINAL LIABILITY FOR DOMESTIC VIOLENCE IN UKRAINE". Legal horizons 33, n.º 20 (2020): 102–7. http://dx.doi.org/10.21272/legalhorizons.2020.i20.p102.

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The article deals with criminal liability for domestic violence in Ukraine. For a considerable period of time, in many cultures and in different political regimes, the family has been considered the foundation of society. The priority of the family is enshrined in both international legal acts and the Basic Law of Ukraine. However, unfortunately, sometimes the family does not become an attribute of security and peace, but rather an attribute of quarrels, conflicts, and sometimes even of violence. Sociological surveys are also disappointing: almost 70% of women are subjected to various forms of domestic violence, and 35% of minors are systematically affected by abusive parenting. In view of the pressing social need to criminalize domestic violence, and in the context of Ukraine’s ratification of the Council of Europe Convention on the Prevention of and Violence against Women and Domestic Violence, a new Article 126-1 “Domestic Violence” was introduced in Criminal Code of Ukraine. The author analyzes the criminal responsibility for domestic violence through the prism of the composition of crime. It has been established that the main direct object of a domestic violence crime is the health of the individual. An additional optional object may be the person’s honor, his / her mental integrity, etc. The objective aspect of domestic violence can take three forms of expression: physical, psychological, and economic violence. The subject is special (a spouse or former spouse or another person who is in a family or close relationship). The subjective side of the crime is characterized by direct intent. It is concluded that the current construction of this crime is not in general contrary to the current legislation, but needs adjustments that can improve both the perception of the norm itself and the process of its implementation. Keywords: domestic violence, types of domestic violence, physical violence, economic violence, psychological violence, qualification of domestic violence, the victim of domestic violence.

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Berti Suman, Anna y Attilio Toscano. "Public Acceptance of Water Reuse for Agriculture in the Wake of the New EU Regulation: Early Reflections". Journal for European Environmental & Planning Law 18, n.º 3 (11 de mayo de 2021): 225–55. http://dx.doi.org/10.1163/18760104-18030001.

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Abstract Domestic wastewater reuse in agriculture is often discussed as a way to tackle water scarcity in Europe. Europe could learn from the examples of other countries that are already successfully implementing wastewater reuse, especially in the Mediterranean. However, the potential of the practice is currently unfulfilled mainly due to social and legal barriers, including public resistance and the lack of a unified legislative framework at the European Union (EU) level. In the wake of the new EU Water Reuse Regulation released in June 2020, we wonder how this legislative intervention can foster public acceptance of non-conventional water reuse practices in agriculture. The original contribution of this piece is to provide a novel discussion of the transformations potentially triggered by the new EU Regulation and to suggest an innovative way forward, based on engaging interested users in water quality monitoring (i.e. water citizen science). We combine theoretical and empirical analysis, grounding our findings in an overarching theoretical concept, i.e. the neo-institutionalism theory. We conclude that the main catalysts for stimulating public acceptance can be identified in a unifying legislative tool represented by the recent EU Regulation and in the promotion of participatory water monitoring initiatives, also in line with the spirit of the EU Regulation.

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31

Dewulf, Steven. "Human Rights in the Criminal Code? A Critique of the Curious Implementation of the EU and Council of Europe Instruments on Combating and Preventing Terrorism in Belgian Criminal Legislation". European Journal of Crime, Criminal Law and Criminal Justice 22, n.º 1 (2014): 33–57. http://dx.doi.org/10.1163/15718174-22012038.

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Different international instruments on the prevention and suppression of terrorism from the European Union and the Council of Europe task States with adopting new terrorist offences. At the same time, several provisions in these international instruments remind States of their obligation to fully adhere to their human rights obligations when implementing, interpreting and applying these new offences. Following these provisions, Belgium decided to insert a rather curious human rights clause in its Criminal Code. This article will critically examine this peculiar clause and the decision(s) made by the Belgian legislator. The key question is whether or not States should indeed also implement such human rights provisions in their criminal legislation, and if so, in what way they should best proceed. It will be argued that inserting such a specific human rights clause for one particular offence in a domestic criminal code might not only be superfluous, but could even have unforeseen, unwanted and hazardous effects.

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32

Koval, Viktor, Piotr Olczak, Nataliia Vdovenko, Olena Boiko, Dominika Matuszewska y Inesa Mikhno. "Ecosystem of Environmentally Sustainable Municipal Infrastructure in the Ukraine". Sustainability 13, n.º 18 (13 de septiembre de 2021): 10223. http://dx.doi.org/10.3390/su131810223.

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For the Ukrainian population, there are factors surrounding the choices and preferences one must consider when changing permanent residence. Smart residential areas should be built according to Ukrainian legislation and global innovations, which would reduce administrative dislocations, the load on megalopolises, and negative anthropogenic impacts, and should be based on the increase in energy efficiency and reducing waste. We analyzed the core principles of designing smart residential areas and concluded that constructing cutting-edge residential areas should involve private investments in order to avoid shadow schemes and irrational use of funds (in the Ukraine, the share of the shadow market is more than 50%). Research shows that, as humans inhabit a three-dimensional space, it is possible to predict migration and other permanent residence/behavioral responses, the analysis of which allows controlling migration flows and improves the conditions of Ukraine’s small residential areas based on decarbonization. We conclude that energy saving systems can reduce consumption in a city by 60% and improve Ukraine’s ecosystem. Research also shows that reducing “dislocation”, in terms of population density, by creating open, innovative, eco-friendly environments based on green economy principles, can provide innovative development maps and economic, social, and cultural population growth, decreasing the load on big cities/regional economies, and encourage the restoration of sales markets and production after the COVID-19 pandemic. We developed a model to assess the innovativeness of residential areas, apply alternative methods of energy generation, and analyze the impact of the energy production and consumption market in Europe (with recommendations for the Ukraine). This article estimates energy intensity indicators of the gross domestic product in the Ukraine and in Europe, offering methods to decrease energy dependence and increase energy efficiency in the Ukraine, by adopting alternative energy sources (e.g., biohydrogen out of residues, air, and solar energy), and enhancing environmental legislation.

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33

Copic, Sanja. "Development of legislative framework for the protection of women victims of violence in Serbia". Temida 22, n.º 2 (2019): 143–68. http://dx.doi.org/10.2298/tem1902143c.

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The aim of the paper is to provide an overview of advocacy of the civil society in Serbia for legal reforms for better protection of women from violence and the development of the legislative framework for the protection of women victims of violence. Advocacy for legal protection of women against violence in Serbia began already in 1980s, primarily due to the activities of women?s groups and feminist researchers. Advocacy activities intensified during the 1990s. In 1994, the Group for Women?s Rights of the European Movement in Serbia prepared a first draft of amendments to the laws related to domestic violence and marital rape. Although not successful, this advocacy was very important in terms of raising awareness of state officials and general public about violence against women. First legal reforms and establishment of normative framework for the protection of women against violence, especially domestic violence, sexual violence and human trafficking, occurred only after political changes in 2000. They were initiated and largely based on drafts written by the experts of the Victimology Society of Serbia. The basis for these changes was the proposal of a harmonized reform of several laws in order to ensure criminal, civil and misdemeanour protection of women against various forms of gender- based violence developed in 1998 and further improved after 2000. Advocacy that followed resulted in first instruments of legal protection of women victims of violence: domestic violence was foreseen as a standalone criminal offense, restraining orders have been introduced, legal protection against sexual violence has been improved, and human trafficking was criminalized. Since the acceptance of Serbia?s EU candidacy and the start of the EU integration process, a strategic framework for the protection of women against violence has been developed; the protocols for dealing with domestic and intimate partner violence and other implementation instruments have been adopted, which set up a basis for more efficient implementation of legal norms in practice. Ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence and opening negotiations for the EU accession set a new framework for advocacy and contributed to further improvement of legal protection of women against violence. Stalking, sexual harassment, female genital mutilation and forced marriage have been incriminated. The Law on the Prevention of Domestic Violence was adopted, which aims to ensure effective prevention from domestic violence and urgent, adequate and effective protection and support to victims through improvement of coordination and cooperation between competent services. This should ensure integrated, multi-sector and human rights-based approach to prevention, prosecution and protection of women victims of violence. Normative framework for the protection of women against violence is to a large extent in compliance with relevant international standards and the European law. However, it still needs to be fully harmonized with the Istanbul Convention and other ratified international treaties. On the other hand, it remains to monitor application of legislation in practice in order to assess its consistency, effectiveness and continue evidence-based advocacy for further improvement of protection of women victims of violence.

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Bek, Dominika y Olga Sitarz. "The impact of international treaties on the shape of national criminal law on the basis of Article 48 1 of the Istanbul Convention". Nowa Kodyfikacja Prawa Karnego 52 (13 de diciembre de 2019): 37–54. http://dx.doi.org/10.19195/2084-5065.52.3.

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The Council of Europe Convention on preventing and combating violence against women and domestic violence has been ratified by 29 countries, including Poland. Among other things, pursuant to art. 48, Parties shall take the necessary legislative or other measures to prohibit mandatory alternative dispute resolution processes, including mediation and conciliation, in relation to all forms of violence covered by the scope of this Convention. It is regulation that will provide a clear illustration of the reasons which render the implementation difficult or even impossible. Considerations set out in this paper will focus on three basic aspects — the ambiguity of the wording of art. 48 1, discrepancy between the legal text and its official substantiation, as well as the commanding and peremptory tone of its language.

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35

Filina, Nina. "Political accents of modern interactions religious and secular in society". Journal of Political Research 4, n.º 3 (6 de octubre de 2020): 24–45. http://dx.doi.org/10.12737/2587-6295-2020-24-45.

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The purpose of this work is to study the modern interactions of religious and secular societies, they are simultaneously considered through organizational, legal and political points of view. By the method, the author chose an analytical review of the regulatory framework, foreign and domestic publications on the interaction of religious and secular in society. The work is based on a secondary analysis of data from socio-political surveys of leading research centers - the VTsIOM, the analytical center of Yuri Levada and the Europe Social Survey. Since today the issue of national security, the fight against religious extremism and terrorism, the prevention of conflicts on a religious basis, the harmonization of interfaith relations, the author's study is relevant. The scientific novelty of the work is determined by a comprehensive review of the legislative basis of freedom of conscience in Russia and abroad, as well as a political and organizational analysis of cases and content. Such an analysis suggests that the system of international law and the legislation of the Russian Federation, State-confessional policy, has made it possible to include religious organizations not only in the social sphere, but also in the system of public administration, in the political process. An analysis of cases, content and practices allows us to conclude that representatives of the religious and secular parts of society do not always have the same opportunities, rights, freedoms in the conduct of their activities. Unbelievers or representatives of other small (non-traditional) faiths may be an acceptable side.

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36

Tavolzhanskyi, Alexey y Valeriya Prykhodko. "Features of adaptation of the national punishment system to European standards". Law and innovations, n.º 2 (30) (2 de junio de 2020): 87–92. http://dx.doi.org/10.37772/2518-1718-2020-2(30)-13.

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Problem setting. Ukraine has chosen a course for European integration. The existing legal order in Ukraine is being reformed in accordance with European standards in order to improve the quality of legislation and, subsequently, the living standards of the population. The system of punishment is no exception. As it is not possible to get rid of crime completely, it is possible to improve the mechanisms that realize the main purpose of punishment, and through which crime will be reduced. The fight against crime in Europe is more effective than the experience of post-Soviet countries, so it can be argued that the adaptation of national legislation to European can be a positive phenomenon for Ukraine. Analysis of recent researches and publications. Various aspects of the problem of implementation of international standards in domestic practice in the field of serving sentences, in particular regarding imprisonment, were dealt with by a number of scientists, in particular Pripolova L.I., Golovkin B.M., Kushnir Ya.O., Smirnova A.V., Popko V.V., Ptashinsky O.V., Stepaniuk А.N., Farenyuk S.Ya. and others. Target of research. The aim of the article is to highlight the most important points in the modern national system of punishments, which contain shortcomings at the same time with the possibility of reforming them in accordance with European legislation. Article’s main body. According to Article 51 of the Criminal Code of Ukraine in Ukraine there are 12 types of punishment. They are divided into basic and additional. Once a sentence has been imposed, it is not so important to classify it into basic and additional, so criminal executive law divides all sentences into isolation and non-isolation. Criminal and criminal-executive law of Ukraine is a national system of punishments, which includes the concept of punishment, types, limits of punishment and the order of their serving. This system is the result of many changes in Soviet legislation, following the experience of European countries, as Ukraine has chosen a course of European integration since the beginning of its independence. But it is not enough to simply bring the system of legislation of Ukraine in line with European norms, because it is the implementation of these norms that is important, which can create an obstacle in the reform of the penitentiary system. Therefore, the adaptation of national legislation to European legislation in the field of execution and serving sentences should meet the needs of the Ukrainian penitentiary system while eliminating the most significant shortcomings of this system. Conclusions and prospects for the development. Based on the analysis, it can be argued that it is appropriate to change the national system of punishment in accordance with international norms and practices of European countries. Emphasis is placed on gradual, comprehensive reform, which will ensure the formation of a quality mechanism for the implementation of all purposes of punishment. Changes are needed in general, starting with the terminology of certain not quite accurate concepts used by the legislator, ending with the mechanism of implementation of norms and maximum improvement of conditions of serving a sentence. A detailed examination of the shortcomings of some types of punishment confirms that Ukrainian legislation in certain institutions needs new legal regulation. This applies primarily to fines and imprisonment, as these punishments are the leading and, according to many scholars and legal practitioners, the most effective for punishment, and later correction of the person.

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Tsvok, M. S. "The child’s right to freedom of expression and right to information: legal analysis". Legal horizons, n.º 22 (2020): 52–57. http://dx.doi.org/10.21272/legalhorizons.2020.i22.p52.

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The article analizes normative and legal acts, which establish the child’s right to freedom of expression and right to information. It is noted that Ukraine has ratified a number of regulations, which establish certain provisions concerning the child’s right to freedom of expression, as well as the right to freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice. These include the Convention on the Rights of the Child (1989), the Convention on Contact Concerning Children (ETS- 192) (2006), and the European Convention on the Exercise of Children’s Rights (2006). It is mentioned that Ukraine has a State Social Program «National Action Plan for the Implementation of the UN Convention on the Rights of the Child» for the period up to 2021 (2018). Special attention is paid to the analysis of legal provisions regarding child’s use of information in the digital environment. In particular, it is stated that the Council of Europe Strategy on the Rights of the Child (2016‒2021) provides opportunities for growth in the digital world, and the Recommendation CM/Rec (2018)7 of the Committee of Ministers of the Council of Europe to member states establishes the principles of observance, protection and realization of the child’s rights in the digital environment. The article analyzes main provisions established in domestic law governing the child’s right to freedom of expression and right to information in Ukraine. At the same time, it is noticed that the implementation of these rights may be restricted by law in the interests of national security of Ukraine, its territorial integrity or public order. It is concluded that although today in Ukraine the implementation of the child’s right to freedom of expression and right to information is regulated, the national legislation in this area needs to be improved in accordance with existing international and European regulations.

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

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

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Vizgunova, Elizabete y Elīna Graudiņa. "The Trouble with “Gender” in Latvia: Europeanisation Through the Prism of the Istanbul Convention". Baltic Journal of Law & Politics 13, n.º 1 (1 de junio de 2020): 108–39. http://dx.doi.org/10.2478/bjlp-2020-0005.

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Abstract The article analyses the dynamics of Europeanisation revolving around the ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) in Latvia. Whereas the document has not yet been made a part of EU acquis communautaire, the EU has committed to applying the norms enshrined in the Convention by any means, not least through the EU Gender Equality Strategy 2020-2025. The discussion on the repercussions of the implementation of the Istanbul Convention in Latvia’s legislation has occupied a noteworthy place in the discussions of the national parliament of Latvia (Saeima) since 2016. The article first uses critical frame analysis and defines the most important issue frames, document frames and metaframes that are employed by different political parties/politicians and Ministries/Ministers when talking about the Istanbul Convention to promote or refuse the ratification of the document. The article shows how the camps for and against the ratification draw on different and often opposing issues, documents, and meta-frames to substantiate their arguments. Next the article applies two models of Europeanisation: the external incentives model and the social learning model. The article concludes that the social learning model is better positioned to explain the non-ratification of the Convention, mostly due to exclusive national identity and the lack of resonance of the Convention in Latvia. Whereas some liberal-centre political parties are framing the ratification of the Istanbul Convention as aligned with Latvia’s commitment to European values, the framing by national-conservative players which argues that the Istanbul Convention is not in line with Christian values, has borne more fruit.

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Arzamastsev, M. V. "Grounds and Criteria for Criminalization of Sexual Harassment in Labor Relations". Lex Russica, n.º 10 (24 de octubre de 2019): 161–74. http://dx.doi.org/10.17803/1729-5920.2019.155.10.161-174.

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Sexual harassment in the workplace has now become a significant social problem and, as a result, criminal legislation in many countries has included provisions prohibiting it. In our country, despite the change in moral standards of permitted forms of sexual behavior, the legislator has not yet implemented the requirements of the Council of Europe Convention On preventing and combating violence against women and domestic violence (CETS No. 210) (Istanbul Convention). The existing system of criminal law prohibitions does not effectively protect the individual from sexual harassment committed in the sphere of labor relations. Among the varieties of such acts not prohibited by the criminal law the author names the inducement to the actions of a sexual nature (associated with not the use of service dependencies, but regular contacts within the framework of labor relations); physical contact (touch), not conditioned by the nature or content of work, while not forming signs of sexual assault and causing physical pain; verbal or nonverbal abuse of a sexual nature; sexual harassment (harassment); other mental effects of a sexual nature. As shown by the analysis, these forms of deviant behavior has sufficient social danger, and the relative prevalence for their criminalization. The minimum harm from sexual harassment in the workplace is the negative impact on the psyche of the victim (both women and men), the degree of such impact due to the long-term nature of the labor realtions also becomes quite significant. In order to prevent excessive criminalization and reduce the risk of unjustified criminal prosecution, it is proposed to introduce a ban with the so called administrative prejudice, which implies the incurrence of administrative responsibility for sexual harassment in the workplace, and incurrence of criminal one — only for repeated actions of a person previously subjected to administrative punishment.

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Czina, Veronika. "Hungary as a Norm Entrepreneur in Migration Policy". Intersections 7, n.º 1 (2021): 22–39. http://dx.doi.org/10.17356/ieejsp.v7i1.666.

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This paper analyses Hungary as a small state within the EU and the policy it applied during the refugee crisis of 2015/2016 that changed the landscape both on the European and Hungarian level. During the crisis, Hungary acted as a small, interest-maximizing Member State constrained by domestic political interests and it did not only refuse to participate in common European policy proposals to solve the crisis, but it also engaged in unilateral actions perceived as solutions, such as erecting a border wall on the Southern border of Hungary. This paper examines how Hungary acted during the refugee crisis with the help of small state theories. Presenting the events, legislative changes and discourses surrounding migration policy in the past years will show that Hungary managed to take advantage of the refugee crisis by acting as a norm entrepreneur which gave the Prime Minister the opportunity to articulate his own views and convictions about the right way to solve the crisis and also about the future of the EU as a whole. Many EU Member States joined Hungary in its migration strategy and so it became the leading country of the anti-immigration block in Europe.

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CUBERO MARCOS, José Ignacio. "La participación del público en la elaboración de planes con incidencia ambiental: algunas cuestiones irresueltas". RVAP 117, n.º 117 (1 de agosto de 2020): 75–106. http://dx.doi.org/10.47623/ivap-rvap.117.2020.02.

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LABURPENA: Lan honek honako hau azaltzen du: ingurumen ebaluazio estrategikoa eskatzen duten plan eta programak onartzeko prozedurak xedatutako araubideak dauzkan kontraesan eta hutsune juridiko batzuk. Espainiak Aarhus ituna berretsi zuenetik eta Europar Batasunak 2003/35 Zuzentaraua onartu zuenetik, barneko planen ingurumenaren inguruko ebaluaziorako prozeduretan, pertsonek parte hartzeko gabeziak erakusten ditu legediak. Alde batetik, barneko agintariek pertsonei emateko aurretiazko informazioa eskaintzeko garrantzia gutxietsi dute; bestetik, zalantzak sortu dira ondoko gai honetan: Oraindik ere zalantzak daude ingurumenaren arloan parte hartzeko baldintzak sektoreko legeriarekin edo legeria orokorrarekin nola artikulatzen diren. Izan ere, azken legeria horrek aurreikusten dituen bermeak eta parte hartzeko eskubide desberdinak dira eta, batzuetan, aurreratuagoak. Lanak xede izango du konponbide batzuk ekartzea, Aarhus itunaren interpretazio finalista batean eta EBJAk emandako jurisprudentzian oinarrituz. This work exposes some contradictions and legal gaps regarding the legislation that regulates the participation of people in the procedures aimed at passing plans and programmes subjected to the strategic environmental assessment. Since Spain ratified the Aarhus Convention and the European Union passed 2003/35 Directive, the Spanish legislation shows still shortcomings so as to achieve an effective participation in the environmental assessment of plans. On the one hand, domestic authorities have ignored how important is to supply previous information to the public; on the other, there are doubts about how the requirements of participation in the environmental field are articulated with those provided for in the specific or general legislation, that establishes guarantees and different rights to participate, sometimes more progressive. This works aims at bringing some solutions, in accordance with a finalist interpretation of the Aarhus Convention and with the developments in the case law of the CJEU. RESUMEN: Este trabajo expone algunas contradicciones y vacíos jurídicos que se desprenden de la legislación que regula la participación de las personas en los procedimientos dirigidos a la aprobación de planes y programas que requieran evaluación ambiental estratégica. Desde que España ratificara el Convenio de Aarhus y la Unión Europea dictase la Directiva 2003/35, la legislación interna todavía presenta carencias para el logro de una participación efectiva en los procedimientos para la evaluación ambiental de planes. Por un lado, las autoridades internas han ignorado la importancia de ofrecer información previa al público; por otro, todavía perviven dudas en torno al modo en que se articulan los requisitos de participación en materia medioambiental con la legislación sectorial o general, que también prevé garantías y reconoce derechos de participación distintos y, a veces, más avanzados. El trabajo tendrá por objeto aportar algunas soluciones, inspirándose en una interpretación finalista del Convenio de Aarhus y en el desarrollo jurisprudencial ofrecido por el TJUE.

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Tylchyk, Olha, Olena Dragan y Olena Nazymko. "ESTABLISHING THE RATIO OF CONCEPTS OF COUNTERACTION TO LEGALIZATION (LAUNDERING) OF ILLEGALLY-OBTAINED INCOME AND COUNTERACTION TO THE SHADOW ECONOMY: THE IMPORTANCE FOR DETERMINING PERFORMANCE INDICATORS OF THE EUROPEAN INTEGRATION PROCESSES". Baltic Journal of Economic Studies 4, n.º 4 (septiembre de 2018): 341–45. http://dx.doi.org/10.30525/2256-0742/2018-4-4-341-345.

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The vast majority of reports from governments of the European Union member states and applicants for such membership contain a separate provision on ensuring their effectiveness in the system of combating money laundering and terrorist financing, adherence to the requirements of leading international groups and organizations for such measures. In particular, the assessment of compliance with the 40 Recommendations of the Financial Action Task Force (FATF) on combating money laundering and counteraction to terrorist financing, conducted in Ukraine in 2017 and ended with the relevant report of the Committee of Experts of the Council of Europe MONEYVAL (Report, 2018), is systematically evaluated. The mentioned monitoring body of the Council of Europe assesses, in particular, compliance with the main international standards of organizational, technical, and legal provision of counteraction actors in the respective country, making emphasis on the fact that corruption and illegal (shadow) economic activity (and, according to a well-founded author’s approach – “shadowing of the economy” – Tylchyk, 2017) are the main threats (risks) of money laundering (Report, 2018). Today it is possible to state the awareness of the need to introduce generally accepted standards into the practice of special subjects of providing economic security, although in the absence of a single vision of their place in the overall system of subjects of national security. At the same time, there is a significant complication regarding the gradual, system, and systematic nature of this activity, which is determined by the aggravation of social tension in society, external aggression, features of the formation of domestic doctrine and legislation traditionally oriented towards the application of the maximally defined concepts, at the same time, to date contain ambiguous provisions as to the content, in particular, the concept of illegally-obtained income, which does not coincide with that specified in the mentioned Standards and other international documents. The above stipulates the urgency to search for optimal ways to eliminate these inconsistencies, which lead to real hampering activities related to providing a counteraction to the legalization (laundering) of illegally-obtained income, in order to secure not only the national interests of Ukraine but also of the entire world. Methodology. The solution of the set purpose is realized using the cognitive potential of the system of philosophical, general scientific, and special methods. Analysis and synthesis allowed identifying the signs of illegally-obtained income, shadow economy, fight against the shadowing of the economy, and forming the latter concept. Methods of grammatical review and interpretation of legal rules helped to identify gaps and other shortcomings of legislation on problems of providing counteraction to the legalization (laundering) of illegally-obtained income, to develop proposals for its improvement, in particular regarding the features of defining the meaning of the concept of “illegally-obtained income” in domestic law field, the correlation of this concept and other economic and legal concepts. The comparative legal method allowed determining the development directions for domestic statutory acts in order to bring them in line with the generally accepted European standards. Practical implications. The level of shadowing of the Ukrainian economy, as well as many other countries of the world, requires the introduction of effective, timely, and consistent measures, in particular, to ensure control over the mentioned processes and create conditions for minimizing the possibilities of legalization (laundering) of illegally-obtained income by the efforts of the system of subjects of providing national (including economic) security to counteract the shadowing of the economy, for which it is necessary to formulate uniform unambiguous basic concepts that are “legalization (laundering) of illegally-obtained income”, “counteraction to the economic shadowing”, which determine the actual direction of the activities of these subjects and correlate the use of appropriate complex measures and facilities.

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Jović-Prlainović, Olga. "Judgments of the European court of human rights v. The Republic of Serbia on the application of genetic testing in paternity litigation". Strani pravni zivot, n.º 1 (2021): 47–61. http://dx.doi.org/10.5937/spz65-30886.

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The case law of the European Court of Human Rights is of great importance for the formulation of human rights standards as it applies the European Convention on Human Rights by interpreting the prescribed rights and freedoms taking into account social reality and legal regulation in Council of Europe member states. When joining this political organization the Republic of Serbia carried out the procedures of adjusting the legislation to the convention requirements, so that, in normative sense, Serbian family law systematically follows modern standards of human rights protection. The decisions of the Court in cases in which the issues of establishing paternity was applied by DNA analysis are conditioned by the circumstances of each individual case. In this paper reasearch is devoted to the two judgments of the European Court of Human Rights versus Republic of Serbia on determining the origin of the child from the father judgments that have a family law in the narrow sense in which Court took the position that domestic legislation did not take into account the relevant elements of the case, the possibility to establish a balance of relevant interests when determing the identity of the biological father regarding DNA analysis. By definition genetic testing implies the analysis of one genome and its products, its function or DNA or chromosomal analysis aimed at identifying or contradicting certain facts. This method involves comparing the DNA profile of a child with DNA profile of the potential father by comparing locus - specific gene location or DNA region on chromosome - which differ in their structure and length, so that non-blood person have different structure of the molecule in each analyzed locus, while biological relatives have the same structure. This means that their DNA profiles have visible traces of genetic heritage. Although every person has a vital interest in finding out information that complete his/her own knowledge of his/her background it is important to know that third party protection can prevent him/her from being forced into medical testing of any kind, including DNA analysis. Member States have different solutions to deal with in cases where a potential father refuses to undergo tests necessary to establish facts of a biological origin. In some jurisdictions non-compliance with medical testing is sanctioned by monetary or imprisonment penalty, while in others it is for the failure to act on a warrant the court activates the presumption of paternity. When paternity cannot be determined by DNA analysis, Member States must provide the determination of paternity by alternative means of evidence taking into account the existence of a fair balance between the right to know the origin and the right of potential father not to undergo this type of medical expertise.

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Marín Alonso, Inmaculada. "La tutela preventiva de la lactancia natural y discriminación por razón de sexo en la praxis judicial europea y nacional: la inversión de la carga de la prueba en supuestos de incorrecta evaluación de riesgos laborales = Preventive protection of breastfeeding and sex discrimination in European and national judicial practice: reversal of the burden of proof in cases of incorrect assessment of occupational risks". CUADERNOS DE DERECHO TRANSNACIONAL 11, n.º 1 (11 de marzo de 2019): 459. http://dx.doi.org/10.20318/cdt.2019.4628.

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Resumen: Este trabajo muestra cómo el Tribunal de Justicia de la Unión Europea aplica de manera transversal la normativa comunitaria sobre discriminación entre hombres y mujeres en el empleo y la ocupación en relación con la tutela preventiva de las trabajadoras en situación de lactancia natural y con la prestación de seguridad social que cubre dicha contingencia. El Tribunal europeo ha ocasionado un significativo cambio en la doctrina judicial española al considerar que la incorrecta evaluación de riesgos de puestos desempeñados por trabajadoras en situación de lactancia natural es una discriminación directa por razón de sexo. Tal entendimiento conlleva la inversión de la carga de la prueba tanto en el derecho europeo como en el interno, reforzando las garantías procesales de la trabajadora en situación de lactancia. Basta que ésta aporte indicios razonables de riesgos para su seguridad y salud y/o su hijo para que el empleador asuma la carga de demostrar la ausencia del riesgo alegado y la carencia de móvil discriminatorio. Se suaviza o elimina con ello la exigencia de los tribunales internos de acreditar la existencia de un riesgo específico para la lactante y/o su hijo, aplicándose la nueva doctrina tanto a la evaluación del riesgo en el puesto de trabajo desempeñado por la lactante como a las diferentes medidas adoptadas por el empleador para evitar el mismo.Palabras clave: evaluación de riesgos laborales, lactancia natural, inversión de la carga de la prueba, discriminación por razón de sexo.Abstract: This paper shows how the Court of Justice of the European Union applies Community legislation on discrimination between men and women in employment and occupation in a cross-cutting manner in relation to the preventive guardianship of breastfeeding workers and also to the social security benefit which covers this contingency. The European Court has caused a significant change in Spanish judicial doctrine by considering that the incorrect risk assessment of positions held by breastfeeding workers is discrimination on the basis of sex. Such an understanding implies a reversal of the burden of proof in both European and domestic law, thereby reinforcing the procedural guarantees of the worker. It is sufficient for the latter to provide prima facie evidence of risks to her safety and health and/or her child for the employer to assume the burden of proving otherwise and the absence of discriminatory motive. The requirement of the domestic courts to accredit the existence of a specific risk for the breastfeeding worker and/or her child is thus softened or eliminated, applying the new doctrine both to the evaluation of the risk in the job performed by the breastfeeding worker and in the different measures adopted by the employer to avoid itKeywords: occupational risk assessment, breastfeeding, reversal of burden of proof, sex discrimination

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Diorditsa, Igor. "Modern legal content of optimization of directions of administrative and legal regulation of the state cybersecurity policy". Slovo of the National School of Judges of Ukraine, n.º 4(33) (15 de marzo de 2021): 31–42. http://dx.doi.org/10.37566/2707-6849-2020-4(33)-3.

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The article proposes to consider the author's results of determining the conceptual provisions for optimizing the areas of administrative and legal regulation of state cybersecurity policy. The content of the current state of state policy in the field of cybersecurity is considered. Theoretical and practical aspects of optimization of legal relations in the field of state cybersecurity policy are analyzed. The interpretation of the state cybersecurity policy of Ukraine is determined – the activity of state and legal institutions to manage real and potential cyber threats and dangers to meet the cyber needs of man and citizen, as well as the realization of national interests in this area. The own vision of directions of the state cybersecurity policy according to the maintenance of a number of regulatory legal acts is offered, namely: directions of the state cybersecurity policy according to the Law of Ukraine «About the basic principles of maintenance of cybersecurity of Ukraine»; directions of the state cybersecurity policy in accordance with the Law of Ukraine «On Fundamentals of National Security of Ukraine»; directions of the state cybersecurity policy in accordance with the Doctrine of Information Security of Ukraine. It is concluded that the priority areas for optimizing state policy to strengthen the administrative and legal regulation of cybersecurity of the state are the following reforming cyber law as a segment of information legislation of Ukraine, especially in terms of not only clearly defining current threats and threats to cyber security, but also mechanisms public policy, including symmetric cyber measures; research on the protection of critical infrastructure from cyberattacks; promoting the development of domestic innovative products that can be used to strengthen the cybersecurity of the state; completion of the implementation of the provisions of the Council of Europe Convention on Cybercrime into national law; optimization of the training system in the field of cybersecurity for the needs of the Armed Forces of Ukraine and other bodies of the security and defense sector of Ukraine; promoting a more active policy of state security institutions to inform the public about cyber threats; promoting the militarization of cyberspace; support for both existing multilateral training sessions on countering cyberattacks on the state information infrastructure, and initiating new types of such training sessions. Key words:cybersecurity, cyberspace, state policy, cybersecurity policy, cybercrime.

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Heinrich, Sarah, Adam Toomes y Jordi Janssen. "Legal or unenforceable? Violations of trade regulations and the case of the Philippine Sailfin Lizard Hydrosaurus pustulatus (Reptilia: Squamata: Agamidae)". Journal of Threatened Taxa 13, n.º 6 (26 de mayo de 2021): 18532–43. http://dx.doi.org/10.11609/jott.7269.13.6.18532-18543.

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The Philippine Sailfin Lizard (Agamidae: Hydrosaurus pustulatus) is a nationally protected Philippine endemic species. It is threatened by habitat destruction, pollution and overexploitation for the domestic pet trade, yet less is known about the international component of the trade. Here we investigate the international trade in Hydrosaurus spp. (H. weberi, H. amboinensis, and H. pustulatus) with an emphasis on H. pustulatus. We analysed international seizures combined with international online sales and trade data for the United States of America (USA). The export of H. pustulatus from the Philippines has been prohibited since 1991, except under special circumstances, yet they continue to be traded internationally, and we found evidence for trade in Asia, Europe, and North America. Most of these animals, however, were declared to be captive-bred. While imports to and exports from the US consisted mostly of other species of Hydrosaurus, H. pustulatus was by far the most coveted species online, with prices significantly higher for H. pustulatus than any of the other species. While not many seizures have occurred outside the Philippines, even wild-caught individuals were found to be ‘legally’ imported to the USA – in apparent violation of the Lacey Act. We recommend H. pustulatus to be listed in CITES Appendix III, in order for countries other than the USA to have a legal basis to seize wild-caught animals trafficked from the Philippines and to monitor trade in captive-bred specimens. Further, we suggest the use of automated cross-referencing between imported species and the national protection status of the species’ native range states to ensure that legislation violations are detected at the point of import.

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Gawronska, Sylwia. "Organ trafficking and human trafficking for the purpose of organ removal, two international legal frameworks against illicit organ removal". New Journal of European Criminal Law 10, n.º 3 (16 de julio de 2019): 268–86. http://dx.doi.org/10.1177/2032284419862387.

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Although illicit organ removal is not a new crime, globalisation and economic inequality, underpinned by shortages of organs, have amplified this problem to such an extent that governments are now urged to take comprehensive punitive measures. Some manifestations of illicit organ removal are already considered criminal offences under domestic transplant legislations and under the framework of human trafficking. At the same time, illicit organ removal has also been categorised as a form of organ trafficking by the Council of Europe Convention against Trafficking in Human Organs, which calls upon governments to establish as a criminal offence a broad range of illicit organ- and transplant-related activities. As the crime of illicit organ removal lies at the centre of both human trafficking and organ trafficking, questions arise as to the exact differences between the two frameworks, their overlaps and their legal consequences. This article aims to provide answers to those questions by conducting a comparative analysis of both legal frameworks in terms of their development, scope, criminal law provisions and implementation. This analysis is followed by an examination of their overlaps and the consequences of prosecuting under either framework. A set of recommendations is presented aimed at implementing both legal frameworks in a way that guarantees effective prosecution while maximising the protection of victims.

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Travkina, K. V. y O. А. Shuba. "Features of the Ukrainian M&A Market". Business Inform 6, n.º 521 (2021): 298–304. http://dx.doi.org/10.32983/2222-4459-2021-6-298-304.

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The article is aimed at researching the current state and peculiarities of the Ukrainian M&A market. The market of mergers and acquisitions in Ukraine began to form in the 90s of 20th century, that is, the market is relatively young, but already has its own history, which consists of a consistent four stages: privatization; post-privatization; corporate and speculative. The domestic M&A market is characterized by the formation of a tendency to increase the value of agreements. During the research period (2013–2020), the most expensive M&A agreements in Ukraine were most often concluded in such sectors of the economy as communication and media, financial sector, agriculture. The level of transparency remains low, that is, in Ukraine more than 40% of agreements were concluded without disclosing the cost. Ukrainian investors practically do not participate in the purchase of foreign assets within the framework of mergers and acquisitions agreements. Until 2013, the main investor in the Ukrainian M&A market was Europe, now it is the CIS countries, and the participation of American companies is also growing. The COVID-19 pandemic has had a negative impact on all countries of the world. Ukraine’s GDP decreased by 4.4%, which was the largest drop since 2013–2014. Also in Ukraine significantly decreased the number of agreements on the M&A market (decreased by 15%, and the total value of agreements decreased by 62%). A negative characteristic feature of the domestic M&A market is the presence of raider seizures, which hinders the development of this market. Using the data of the Unified State Register of Court Decisions, we determined that from 500 to 700 raider attacks are recorded annually in Ukraine. Thus, during the research period (2013–2020), 3,242 raider seizures were recorded in Ukraine. In this regard, the government of the country has developed measures to overcome this phenomenon. Thus, in 2020, the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on Countering Raiding» came into force, which will contribute to the improvement of the investment attractiveness of the country, will ensure the growth of the domestic market of mergers and acquisitions.

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Tokareva, Ksenia. "THE SUBJECTS OF ADMINISTRATIVE AND LEGAL REGULATION OF MEDIATION". Scientific Notes Series Law 1, n.º 9 (2020): 106–11. http://dx.doi.org/10.36550/2522-9230-2020-1-9-106-111.

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The article is devoted to the study of the subject composition of the administrative and legal regulation of mediation. The development of alternative ways of resolving disputes and conciliation procedures is one of the priority areas for improving the mechanism for protecting violated subjective rights. Mediation has proven its effectiveness for both the state and society, as evidenced by its legal regulation in most foreign countries. A dispute resolution procedure involving a neutral third party can improve access to justice, which is fully in line with the rule of law in any developed state governed by the rule of law. New tendencies towards the peaceful settlement of disputes (conflicts) contribute to the achievement of social harmony in society. As Ukraine is one of the few countries in Europe where there is no legal regulation of mediation, the study of the subjects of administrative and legal regulation of the procedure is relevant. The study took into account the division of legal regulation into state and non-state. Domestic scientific views on the system of subjects of administrative and legal regulation in various spheres of public relations were analyzed. The problem of lack of administrative and legal regulation of the social and legal institution of mediation in Ukraine was emphasized. The author proposed his own list of subjects of administrative and legal regulation of mediation. The system of such entities includes the state, its bodies and non-governmental institutions that exercise powers in the relevant field. The main directions of the state policy in the field of implementation of the mediation procedure in Ukraine were also identified. The importance of actively promoting and stimulating the development of mediation, consolidation and protection of new social relations that arise during the mediation procedure, setting quality standards for mediation and requirements for professional mediators, control of such activities. The author focuses on the disclosure of competence, legal forms of activity of management entities. It is stated that the main subjects of mediation`s regulation in Ukraine are the President of Ukraine, the Parliament of Ukraine, the Parliament’s Commissioner for Human Rights, the Cabinet of Ministers of Ukraine, the Ministry of Justice of Ukraine, the Supreme Court, local state administrations, NGOs and mediators' associations. It is substantiated that this list can be expanded by a special executive body in the field of mediation. Based on the analysis of current legislation, rule-making and law enforcement practice of Ukraine and European countries, a scientific approach to solving current problems of formation and implementation of state policy in the field of access to justice and mediation is proposed. It is proposed to keep registers of mediation by both central executive bodies and local state bodies or local self-government bodies. The successful foreign experience of functioning of the corresponding mediation services in various branches of law is resulted.

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