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1
Rochette, Gustavo. « Is the French Nuclear Strategy Lawful Under EU Law ? Article 194(2) TFEU and Its Limitations ». European Energy and Environmental Law Review 29, Issue 6 (1 décembre 2020) : 232–39. http://dx.doi.org/10.54648/eelr2020047.
Texte intégralRésumé :
The Fukushima Daishii nuclear disaster lead countries to change their nuclear approaches changed drastically. Although being a traditionally pronuclear country, France followed this tendency by approving a strategy to reduce its nuclear portfolio. Under European law this development is permitted by the right to right to determine its own energy mix include in Article 194(2) of the Treaty of Functioning of the European Union. However, other European legislation that may influence this decision was not considered. This legislation may limit this right and the policy by itself. This article tries to show how, although possible due to the right to determine its own energy mix, the French nuclear strategy may be unlawful under the EU law, namely the European Atomic Energy Community Treaty and the primary and secondary legislation regarding Security of Energy Supply. Nuclear Energy, French Nuclear sector, European Union, Energy mix, TFEU, Euratom, Energy Security, European Energy policy
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Pankov, Yevhenii, Olha Filipshykh et Dmytro Boichuk. « Problems of the environmental law of the European Union ». Problems of Legality, no 155 (20 décembre 2021) : 273–83. http://dx.doi.org/10.21564/2414-990x.155.243720.
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The problem of ecology is one of the most common problems of the twenty-first century. No country is immune: no country has better military equipment, no country with low inflation, no country with “perfect” legislation. The purpose of the article was to clarify legislative issues: European Union legislation was outdated, general and lacking in specificity. To address these problems, this article uses different approaches to the definition of environmental security, which makes it necessary to change the concept and the actions within which the definition is adopted. The article goes on to discuss the position of realists who argue that environmental security cannot be set because of lack of accountability “the importance” of the issue of “high” issues. Thus, the paper refers to the emergence of environmental security and its long path. This article contains the following changes and provisions: Brundtland Committee (1987), Convention on the Conservation of Nature and Natural Habitats in Europe (1979), International Tropical Timber Agreement (1983) as well as the Convention on Long-range Transboundary Air Pollution (1979), the Maastricht Treaty (1992), the Hazardous Substances Directives, the impact of EU measures on the environment and the Animal Protection Directive. In addition, the article exposes Programs designed to ensure and regulate environmental safety. The report of the European Environment Agency was also reviewed and a comparative analysis of the data contained in the report and the British Broadcasting Corporation estimates was made. The authors draw attention to several directives, calling them “triumvirate”, which provide the basis for countries to regulate some environmental legislation. Almost in the end of the paper the authors pay attention to the phenomenon of environmental ethics, which is a consequence of imperfect legislation. In its conclusion, the article states that the problems that arise from the lack of accountability of legal acts of a real environmental situation occur in the member states, taking into account the special case of the European Union.
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Wilson, Kerianne. « Gone With the Wind ? : The Inherent Conflict between API/PNR and Privacy Rights in an Increasingly Security-Conscious World ». Air and Space Law 41, Issue 3 (1 mai 2016) : 229–64. http://dx.doi.org/10.54648/aila2016019.
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Advance Passenger Information (‘API’) and Passenger Name Record (‘PNR’) are an increasingly prevalent phenomenon in the international aviation industry. In the absence of mandatory content and transmission requirements, an increase in the number of countries requiring such data has resulted in significant complexity and expense associated with compliance. Simultaneously, the transfer of API and PNR data runs directly counter to privacy rights of residents of the European Union and other countries with strict privacy legislation, rendering compliance even more difficult. This article explores the background of API and PNR, the international guidance materials regarding content and transmission, the lack of harmonization between the different API and PNR regimes currently in effect, privacy and data protection philosophies and prioritization in the United States and the European Union and the interplay between privacy and API/PNR, the current reality facing airlines, and the emerging trend towards increased data transfers at the expense of privacy.
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Novicic, Zaklina. « Freedom of movement for persons in the European Union Law ». Medjunarodni problemi 55, no 1 (2003) : 57–88. http://dx.doi.org/10.2298/medjp0301057n.
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In this article the author analyses the evolution of complex corpus of legislation concerning the freedom of movement for persons in European Union Law. The article deals with the subject in two aspects: the first part of the analysis considers the conceptual development of free movement of persons by way of deliberation of building-up the authority of Union in that area, and the second part analyses the contents of the right of the Union citizens to move and reside freely within the territory of the Member State. The freedom of movement for people includes the right of Union citizens to enter, move and reside in another Member State and, in that context prohibition of any discrimination based on nationality. Conceived originally as primarily an economic phenomenon, the free movement of persons was closely linked to the pursuit of an occupation. It was the mobility of human resources as a factor of production, which inspired the chapters of the Treaty establishing the European Economic Community (1957) relating to the free movement of workers, freedom of establishment and the freedom to provide services. In that sense, freedom of movement is a part of a wider concept, that of the common/internal market. Since then, through the combined effect of secondary legislation and the case law of the Court of Justice, the concept has been broadened and it tends, from the Maastricht Treaty (1992), to form one of the fundamental and individual rights of Union citizens generally. Also, the amendments of EEC Treaty, which were made by the Single European Act (1985) and specially by the Treaty of Amsterdam (1997) and the Treaty of Nice (2001), have formalised the external aspect of freedom of movement. Namely, it was recognised that freedom of movement for persons could not take place at the expense of security, protection against crime and illegal immigration. The abolition of internal controls has generated the need of the transferring checks to the external frontiers of the Union and, in this connection, the gradual establishment of an area of freedom, security and justice. In the first part of the article the author presents and analyses the development of the Union power in the policies of freedom of movement: in facilitating of free movement of people as a principle of the common/internal/single market, in achievement of the right to free movement for Union citizens, and also in the fields related to the external aspect of freedom of movement, or, actually, the issues pertaining to visas, asylum and immigration. The second part presents the specific contents of freedom of movement for persons that consists of the corpus of individual rights enjoyed by Union citizens on the territories of EU Member States that are not countries of their origin. These are the right to entry and residence and the right to engagement in gainful activity as well as the related social rights. This part of the article also explores the freedom of movement restriction regime as well as the corresponding Union legislation in preparation.
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Chernadchuk, T. O., et V. O. Berezovska. « THE POLICY OF THE EUROPEAN UNION ON THE FIGHT AGAINST TERRORISM : THE ANALYSIS OF THE EUROPEAN UNION LEGISLATION AND SOME NATIONAL ANTITERRORISM PROGRAMMES ». Constitutional State, no 48 (19 décembre 2022) : 66–76. http://dx.doi.org/10.18524/2411-2054.2022.48.267964.
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Terrorist attacks strike not only the victims, their friends and families, but also the fundamental principles of the European Union. The choice of the topic of the article is caused by the fact that today the European Union recognizes money laundering, terrorist financing and international terrorism as some of the main threats to its financial system and citizens’ security. The purpose of the article is to analyze the main directions of activities and decisions of the European Union in this area. The methodological basis of the work consists of both general scientific and special methods of scientific knowledge. The EU legislation in the sphere of counter-terrorism was investigated using the analytical method, the method of abstraction gave an opportunity to assess the general current state of legal regulation of the fight against terrorism. The use of the comparative legal approach made it possible to analyze the national antiterrorist programmes of chosen European countries. The logical legal method was applied when formulating conclusions and proposals. The article deals with the issues related to the legal aspects of the fight against international terrorism. The paper investigates the steps taken by the European Union, i.e., the adoption of resolutions and strategies, the signing of treaties, the creation of institutions that function with the purpose to combat and prevent terrorist attacks, which are the constituents of the general concept of the antiterrorist system. The authors indicate the most important treaty provisions and institutions as well as their development and influence on the system of the fight against terrorism by the European Union. The purpose of the article is to analyze the main directions of activities and decisions of the European Union in this area. It has been investigated that the external activities of the EU include the support of countries in improving their judicial systems and the potential of law enforcement authorities as well as the integration of European antiterrorist legislation into their security strategies. In the studied countries, the systematic approach to the fight against terrorism is clearly visible.
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Yarema, O., et O. M. Ilyushyk. « Legal aspects of electronic document management in telemedicine ». Analytical and Comparative Jurisprudence, no 6 (18 février 2023) : 218–24. http://dx.doi.org/10.24144/2788-6018.2022.06.39.
Texte intégralRésumé :
In the article from the standpoint of the theory of administrative and information law, based on the current legislation and regulatory requirements of the European Union, the theoretical and practical aspects of electronic document flow in telemedicine are considered. The topicality of the topic determined by the need to improve the legislation with the aim of comprehensive theoretical justification of increasing the effectiveness of telemedicine activities in the conditions of digital transformation of Ukraine. In the course of the study, the methodology of a systematic complex analysis of legal phenomena was applied using factorial and evolutionary methods of research. It is indicated that in the countries of the European Union, three main models of health care information systems have been formed, which differ in the ways of storing medical information and management: decentralized, centralized and patient-oriented. It was noted that the main legal issues of the renewal of the medical system of Ukraine and the directions of activity in the conditions of reform include telemedicine, and its component - electronic document flow. The essence and features of electronic document management in telemedicine in the countries of the European Union have been clarified. The electronic health care systems of individual countries of the European Union considered, attention is paid to the experience of use. The state of legal provision of information security in telemedicine with regard to electronic document flow studied, taking into account the experience of the countries of the European Union. The analysis of ensuring information security in the context of personal data in the medical systems of European countries and Ukraine was carried out. The further vector and direction of the development of the national health care system in terms of the Concept of the development of electronic health care, which is important for medical care and rehabilitation of citizens who suffered during the war, was determined. Important aspects and measures to optimize activities in the field of telemedicine highlighted, which need to be paid attention to during further reform and creation of new digital resources for a more comfortable transition and use of the latest digital technologies in the field of health care.
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Idrizi, Arsim. « THE ROLE AND IMPORTANCE OF THE PARLIAMENT OF THE REPUBLIC OF MACEDONIA FOR THE CONSTRUCTION OF FOREIGN AND SECURITY POLICIES ». Knowledge International Journal 28, no 6 (10 décembre 2018) : 1901–4. http://dx.doi.org/10.35120/kij28061901a.
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Through this scientific research it is analyzed the legislation and the impact of Macedonian Parliament in establishing of Foreign and Security Politics. it is done the analyze about essential sources of the definition of position in the Assembly of Republic of Macedonia, beginning from the Constitution, Regulation and Foreign Law of Parliamentary Work, about the law of Foreign Affairs and Law Framework of Security Politics. As well it is explained the role and the work of Parliamentary Commission in the establishing of Security and Foreign Politics such as: the Commission of Foreign Affairs, Commission of Defense and Security, Commission of Secret Services and the Commission of the European Issues, so far is elaborated Cooperation Board with Other Parliamentary Commissions. At the end of the first part, Work Groups of the Parliament of Republic of Macedonia with parliaments of other Countries.At the first research to International Relationship – Foreign Politics and Security, especially is explored the Relationship and Cooperation with neighboring Countries and with some European South - Eastern, Countries. The role of Parliament of Republic of Macedonia it is analyzed and explained as well and the cooperation with Parliamentarian Assembly of Organization of United Nations (UN), Organization for Security and Cooperation in Europe (OSCE), The Parliament of European Union, Organization of North Atlantic Alliance (OTAN) and European Council.
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Djoric, Marija, et Strahinja Obrenovic. « EVOLUTION OF EU ENERGY LAW AND POLICY : А BIG COMEBACK OF ENERGY SECURITY IN 2022 ? » Politika nacionalne bezbednosti 23, no 2/2022 (12 décembre 2022) : 67–86. http://dx.doi.org/10.22182/pnb.2322022.4.
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The armed conflict in Ukraine in 2022 and subsequent worsening of relations between Western countries, including the EU and its Member States, and the Russian Federation, have deeply shaken the existing EU energy law and policy foundations. During the past decades, the EU attempted to develop a comprehensive energy policy based on three pillars – competitiveness and internal market principles, security of supply, sustainability and environmental protection. Starting in the 1990s, liberalization efforts dominated the electricity and natural gas markets. It did not take long for energy security and environmental protection to gain attention. Enlargement of the European Union and occasional problems with external suppliers prompted new measures regarding the security of supply, while a growing body of legislation is also present in the field of environmental protection. The three objectives of the EU energy policy are not always complementary, and some tension and even confliction between them can’t be excluded. Although the European Union and its institutions attempt to embrace all three pillars under the sustainability umbrella, this hasn’t brought a desirable outcome yet. We are witnessing the big comeback of energy security in 2022, including the adoption of some measures by the Member States that are not in line with decarbonization efforts, at least in short term.
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Božović, Milenko, et Zorančo Vasilkov. « Integrated border management in EU law and its implementation in the Republic of Serbia ». Bezbednost, Beograd 62, no 3 (2020) : 105–23. http://dx.doi.org/10.5937/bezbednost2003105b.
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The subject of research in this paper is the protection of the European Union's external borders by the establishment and implementation of The European integrated border management system. In addition to the implementation by the Member States, this system i.e., the adoption of the Union's (Schengen) acquis, is a priority for the candidate countries during accession negotiations. The process of negotiation for the accession of the Republic of Serbia to the European Union and the opening of Chapter 24, entitled Justice, Freedom, and Security, obliges the Republic of Serbia to accept and implement the European legislation into the national legal system within the field of border security and control. The emergence of the European system of integrated management of external borders is connected with the abolition of internal borders within Schengen integration and designed as a system of protection shaped by European Council guidelines, EU Council conclusions and EU secondary law, to become part of primary law after the adoption of the Lisbon Treaty. Its components and application have a significant impact on the permeability of borders for the flow of people and economic goods and the suppression of security threats at the external (EU) borders of member states, the borders of the Western Balkans and the Republic of Serbia.
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Beiter, Klaus D., Terence Karran et Kwadwo Appiagyei-Atua. « Academic Freedom and Its Protection in the Law of European States ». European Journal of Comparative Law and Governance 3, no 3 (28 août 2016) : 254–345. http://dx.doi.org/10.1163/22134514-00303001.
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Focusing on those countries that are members of the European Union, it may be noted that these countries are bound under international human rights agreements, such as the International Covenants on Civil and Political, and Economic, Social and Cultural Rights or the European Convention on Human Rights, to safeguard academic freedom under provisions providing for the right to freedom of expression, the right to education, and respect for ‘the freedom indispensable for scientific research.’ unesco’s Recommendation concerning the Status of Higher-Education Teaching Personnel, a ‘soft-law’ document of 1997, concretises international human rights requirements to be complied with to make the protection of the right to academic freedom effective. Relying on a set of human rights indicators, the present article assesses the extent to which the constitutions, laws on higher education, and other relevant legislation of eu states implement the Recommendation’s criteria. The situation of academic freedom in practice will not be assessed here. The results for the various countries have been quantified and countries ranked in accordance with ‘their performance.’ The assessment demonstrates that, overall, the state of the protection of the right to academic freedom in the law of European states is one of ‘ill-health.’ Institutional autonomy is being misconstrued as exhausting the concept of academic freedom, self-governance in higher education institutions sacrificed for ‘executive-style’ management, and employment security abrogated to cater for ‘changing employment needs’ in higher education.
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Baccaro, Lucio, Rüya Gökhan Koçer, Jorge Galindo et Valeria Pulignano. « Determinants of Indefinite Contracts in Europe : The Role of Unemployment ». Comparative Sociology 15, no 6 (23 novembre 2016) : 794–838. http://dx.doi.org/10.1163/15691330-12341412.
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Using individual-level data from the 2010 wave of the European Working Conditions Survey (ewcs), and country-level data on unemployment, employment protection legislation and union density for 21 European countries, this paper provides a comprehensive multi-level analysis of the determinants of indefinite employment contracts. The authors find that workers’ autonomy on the job, the intensity of computer use, and the presence of general and specific skills are associated with greater contract security. Perhaps more importantly, the authors find a strong negative effect of unemployment, particularly on workers cumulating multiple sources of labor market vulnerability, such as young age, low skill, low autonomy, and immigrant status, especially but not exclusively in the Mediterranean countries most affected by the crisis.
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Burdanova, Anna S. « Constitutional social rights in the countries of the European Union. Theoretical provisions and problems of implementation ». Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, no 3 (25 août 2021) : 329–39. http://dx.doi.org/10.18500/1994-2540-2021-21-3-329-339.
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Introduction. Social rights belong to the second generation of human rights and freedoms, they ensure social security, all-round development of the individual. They are widely represented in the national legislation of the countries of the European Union, primarily in the relevant legislation. However, the same cannot be said about constitutional law, which is associated with different approaches of legal scholars and proven practices in the legal regulation of the implementation of social guarantees in a particular state. The methodological basis of the work was formed by general scientific and special legal research methods. Theoretical analysis. In the scientific European literature there is no single approach to the definition of basic social rights, their essence, types, legal consequences. Moreover, there are fundamentally opposite points of view about the need for their recognition and consolidation at the constitutional level. Thus, the discussion is on in individual states and the European Union as a whole. In the legal doctrine of a number of countries, for example Germany, broad and narrow approaches are used to define social rights. At the same time, at the pan-European level, a broad approach is mainly used, which draws attention to the presence of social guarantees in the Constitutions and, accordingly, state target programs of a social orientation. Empirical analysis. In general, the Constitutions of the EU countries enshrine certain social rights, which may differ in the actual form of their expression in constitutional acts. This form depends on legal approaches, traditions, historical path, economic and political experience of the state. Meanwhile, the point of view about the need to recognize social rights at the highest level, despite the existing criticism, became decisive during their subsequent inclusion in the Charter of Fundamental Rights of the European Union. Results. The working document of the European Parliament distinguishes between three systems for integrating social rights into the Basic Law: liberal (for example, Austria), moderate (for example, Germany) and southern European (typical of Spain, Italy, Portugal, Greece). At the same time, the comparison shows that for the realization of the rights of the second and third generations, constitutional consolidation is not enough; a socio-political consensus is needed, reflected through the normative legal acts adopted by the legislative body. In the European Union, attempts are being made to expand social guarantees, which face the rejection of the concept of unification of social rights by individual member states.
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Redchyts, Olena. « Electoral Processes Digitalization : Trends and Prospects for Ukraine Based on the European Union Countries Experience ». Reality of Politics 19, no 1 (31 janvier 2022) : 78–90. http://dx.doi.org/10.15804/rop2022105.
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The article purpose is to study digitalization of certain phases of Ukraine electoral processes, taking into account the European Union experience. The research design consists in a comparative analysis of electoral processes digitalization and its legislative provision. The article describes the legal field of EU electoral processes. The recommendations of the Council of Europe on e-voting standards are considered. The role of the administrator of the Ukraine State Voter Register is considered. The phases of electoral processes that require gradual digitalization are given. Scientific novelty of the study is to use a comparative approach in studying the electoral law of the EU and Ukraine. The research field is limited to the electoral law of the EU and Ukraine. The practical effects of the study make it possible to identify the advantages and disadvantages of digitalizing the phase of the electoral process. The scientific novelty of the study conducted in this article is to study the digital transformation restrictions at individual stages of electoral processes. The fundamental provisions in Ukrainian legislation on digitalization of electoral processes are determined. The article summarizes that the widespread means of electoral processes digitalization is the formation and updating of the voters registers and conducting their statistics. The author revealed that electoral processes digitalization has a fragmentary character in the EU countries, since the legal field in providing cyber security requires continuous improvement.
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Ramešová, Kristina. « Public Provocation to Commit a Terrorist Offence : Balancing between the Liberties and the Security ». Masaryk University Journal of Law and Technology 14, no 1 (26 juin 2020) : 123–47. http://dx.doi.org/10.5817/mujlt2020-1-6.
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Modern terrorism is global and decentralized like cyberspace. While the Darknet is mostly used by terrorists for fundraising campaigns and illicit trading, publicly accessible social platforms such as Twitter, Facebook or YouTube are abused for terrorist propaganda. Combating terrorism remains one of the top priorities of the European union (hereinafter as “the EU”). The approach towards the online content possibly connected to terrorist propaganda has become stricter.This paper focuses on the development of the EU legislation on the offence related to terrorist activities: the public provocation to commit a terrorist offence, as well as on the obligations of hosting service providers. It also analyses the impact of the Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA. The article observes a changing attitude on private monitoring of online information in the development of the EU legislation. It analyses changes in the Proposal for a Regulation of the European Parliament and of the Council on preventing the dissemination of terrorist content online. These changes signify a shift in the perception of the necessary level of freedom to receive and impart information through the internet.
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Vennikova, V. V. « Disputes in the sphere of social security : ways of prevention, essence and methods of resolution in the countries of the European Union ». Analytical and Comparative Jurisprudence, no 3 (28 septembre 2022) : 98–102. http://dx.doi.org/10.24144/2788-6018.2022.03.17.
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The article examines the European experience of considering disputes in the field of social security, the ways of their prevention, the essence and methods of resolution, the possibility of borrowing positive assets of foreign states in the law enforcement practice of Ukraine is considered.
Having analyzed the European experience of resolving disputes in the field of social security, three ways of their possible settlement are distinguished: 1) with the help of special courts on social security issues (sectoral justice); 2) through a civil process in general courts; 3) by means of conciliation and arbitration procedures.
It was determined that a social model has developed in European countries, which is based on such values common to all EU member states, such as: a close connection between the level of economic development and social progress; high level of social security, which is universal in nature; developed legislation; equal opportunities and fight against discrimination; production democracy; dialogue of social partners within the framework of contractual relations; availability of developed social infrastructure; the key role of the state in solving social problems; the struggle for employment and eradication of the phenomenon of social rejection and poverty; decent salary; social justice and solidarity in society. These basic values also formed the basis of consideration and resolution of disputes in the field of social security. The listed values should form the foundation of the Ukrainian theory and practice of social disputes. It was determined that the national specifics and practice of each European state provide for the use of various methods of resolving social disputes with recourse to social courts, reconciliation services, mediation, arbitration and mediation. The activity of social courts is based on the principles of tripartite cooperation (tripartism). Court cases are considered by a panel consisting of a professional judge and two non-professional judges.
In addition, state mediation and mediation are effective measures for the pre-trial resolution of social disputes in the EU countries. They contribute to the relief of the judicial system, saving time and financial resources of the parties to the dispute. These institutions are little known for Ukraine and, at the same time, promising.
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BROŽIČ, LILIANA. « EDITORIAL, SECURITY PERSPECTIVES ». CONTEMPORARY MILITARY CHALLENGES 2022, no 24/3 (30 septembre 2022) : 11–13. http://dx.doi.org/10.33179/bsv.99.svi.11.cmc.24.3.00.
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This is the title of the third issue in the twenty-fourth volume of the Contemporary Military Challenges. We started from the changes that have taken place over the last few years. We have had in mind the increased migration flows towards the European Union, the experience of the Covid 19 epidemic, the climate change that surprises us time and time again, despite the fact that we are aware of it, and that we are trying to adapt and respond to it accordingly. In March this year, the "Strategic Compass for Security and Defence - For a European Union that protects its citizens, values and interests and contributes to international peace and security" was launched, and at the end of June, the new NATO Strategic Concept. Both with the aim of rethinking, aligning and unifying the way we look at existing security challenges and developing new security perspectives. At the beginning of this year, we were taken by surprise by the Russian Federation's armed attack against Ukraine. Some had predicted it; others only foresaw it. Many were convinced, however, that such a phenomenon was not possible in a modern democratic society. Huntington's theory of a clash of civilisations, which seemed to have outlived its usefulness in modern European society, has become relevant again. A realistic view of the contemporary security, social and political situation in the world and, above all, the crisis of values and the consequent need for unification have encouraged the European Union to aspire to become a global security actor in the international environment. The war in Ukraine is forcing the European Union to act. It has prepared a package of economic measures or sanctions to influence the Russian Federation in terms of expressing its disapproval of its unilateral moves. However, the Member States are not entirely united on how to confront and counter the situation. Without unity, united political positions and united action, the European Union cannot become the global security actor that it has claimed to be in its strategic compass. In this context, it is also worth mentioning its Common Security and Defence Policy, which is first and foremost a policy, and the fact that the European Union does not have its own military capabilities to manage. The Member States have military capabilities, and they spend varying amounts on their defence. Over the last decade, most Member States have been reducing their defence expenditure, despite the fact that it was agreed at the NATO summit in Wales in 2012 that it would amount up to 2% of GDP. Not all Member States of the European Union are members of the Alliance, but there are twenty-one of them that are members of both. Douglas Barrie and his colleagues produced a special report in 2020 on 'European defence policy in an era of renewed great-power competition', which concluded that, assuming that all Member States did indeed spend 2% of GDP on defence, the European Union and its Member States would need ten to fifteen years to be adequately prepared in terms of security capabilities for a possible aggression by a country with the military capabilities of the Russian Federation today. With investments in this area as they are in 2022, it would take twenty years. This leads to the logical conclusion. There are only two ways of stopping the Russian Federation in its territorial and, of course, political ambitions. The first and most appropriate is political, the second military. Since the European Union does not represent a serious opponent in defence and military terms to this large and militarily powerful country, the only way for it to achieve its status as a global security actor is politically. The military conflict in Ukraine is a major test for both the Union and the Alliance. The European Union now has the opportunity to test how strong and credible its ideals, values and beliefs are. Are its senior representatives wise and innovative enough to look beyond economic sanctions to other diplomatic avenues to achieve what they have written in their strategic compass – to be a global player? Time will answer this question. Until then, however, scholars and other experts will be studying the various influences and phenomena in the security domain. Some of them will also share them with the readers of Contemporary Military Challenges. In a time of economic sanctions imposed by the European Union, Tamas Somogyi and Rudolf Nagy focus on the protection of critical infrastructure, of which the financial sector is an important part. In their article Cyber threats and security challenges in the Hungarian financial sector, they explore the security risks facing the banking system in their country. The paper Geostrategic perspectives of Slovenia in a changing world draws on two geopolitical theories by Mackinder and Spykman, who develop their views on the European space. Uroš Tovornik explored Slovenia's geostrategic position on the basis of their theories, focusing on its geopolitical characteristics. He summarised his findings into four possible scenarios, which are determined by these characteristics and from which possible future geopolitical orientations are derived. Olusola Kolawole Oluwagbire explored the influence of the world’s major powers and how this is reflected in the case of each country. Africa, as a very large continent, is made up of many and diverse countries. The influence of the major powers has always been very strong and integral to African life and the security of its people. In his article An assessment of the impact of relations with major powers on national security: Nigeria in perspective, the author presents how this has changed in recent years and how it affects the security of each country in. Mariann Minkó-Miskovics and Csaba Szabó note that there is an inconsistency between European and Hungarian legislation in the field of dual-use regulation, i.e. for civil and defence purposes. Moreover, they are convinced that this inconsistency may pose a security risk. What this means in practice is presented in the article Interpretation of civil vs. military equipment in European case law - EU and Hungary. Jarosław Włodarczyk writes on the importance of a proper understanding of language between different stakeholders in the international military environment. His study focuses on the teaching of English among military personnel in Poland and on those types of words that do not have a direct translation from Polish into English or vice versa. A particular challenge here is how to adequately explain and teach this to military personnel in the educational process. He summarised his findings in his paper The problem of lexical gaps in teaching military English.
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Matyukhina, E. N. « Russian and German Legislation on Personal Data : Comparative Analysis of Approaches and Practices ». Lex Russica, no 4 (2 mai 2019) : 170–78. http://dx.doi.org/10.17803/1729-5920.2019.149.4.170-178.
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The paper analyzes the legislative acts on the collection and storage of biometric data of citizens and the changes in the idea of how the legal state can and should be arranged, what the guarantees of the security of providing such data to various structures in the Russian and German legislation are. The idea of a rule-of-law state was, as you know, was developed in Germany by C. T. Welker, R. v. Mohl, R.G. Gneist and J.C. Freiherr von Aretin and was borrowed by Russian statesmen — S. S. Alekseev, V. M. Gessen, N.M. Korkunov, A. F. Kistyakovsky, S.A. Kotlyarevsky, P.I. Novgorodtsev, N.I. Paliyenko. During the existence of our States, this concept has undergone many changes in both its Russian and German versions, which each time was dictated by a number of objective reasons. At the present stage, both powers are concerned with the problem of security, the threat of terrorism, fraud in the Internet space. Therefore, in the European Union, for example, the requirement for identification documents to contain biometric data is now mandatory for all member countries. European thought, as revealed in the analysis of existing concepts and experience of their implementation, was a few steps ahead — while in Russia laws are adopted without discussion with citizens infringing their rights guaranteed by the Constitution, Europe is concerned with the creation of a data storage system representing the cultural heritage of mankind. The rule of law state has become to a large extent a metaphor for which a particular citizen does not feel any content. The use of this term has become a technological tool for the state to achieve political and geopolitical goals, a way to prove that we are also among the civilized liberal democracies and market economies, which distorts the essence of the idea of the rule of law for a particular person. The Russians themselves often do not understand the idea of the rule of law and the mechanism for its achievement.
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Nievienhlovskyi, Adrian. « Artificial intelligence from the perspective of polish intellectual property law. Selected issues ». Theory and Practice of Intellectual Property, no 5 (29 décembre 2022) : 93–102. http://dx.doi.org/10.33731/52022.270901.
Texte intégralRésumé :
Keywords: artificial intelligence, intellectual property law, copyright, industrialproperty law, computer programs
In Poland, as in other countries, there is an ongoing discussion on legal issues related to artificial intelligence. Formany people, there is no doubt that this intelligence should be protected. The problem rather narrows down to what conditions must be met for this protection. Some Polish scientists want to wait for solutions to be developed in the European Union.Poland, as a member state of the European Union, must respect the regulations emerging at the EU level. These regulations are only being planned. There is a certain risk in introducing new regulations in Poland without waiting for EU solutions.It could turn out that the laws adopted by Poland would be incompatible, not in compliance with European law.On the other hand, the software producers' communities are pushing for the introductionof relevant legislation now. They claim that this is needed to protect the funds that are being invested in artificial intelligence in Poland. In their view, without proper legislation, investors will reduce financial support for the developmentof artificial intelligence. In fact, however, the computer manufacturers' communityis not at all concerned with protecting 'mere' artificial intelligence. It is protected in Poland and can be provided by copyright law in particular. The most important issue in Poland already relates to the protection of creations generatedby artificial intelligence. This is in fact what the computer software development community and beyond cares most about.However, the protection of creations of artificial intelligence is not only about benefits, but also about threats. This will be discussed further in the article. Some lawyers are considering how to interpret the existing legislation so that the protectionof artificial intelligence creations is already possible. They want to use existing theoretical constructs to justify this protection.
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Thörnqvist, Christer. « Welfare States and the Need for Social Protection of Self-Employed Migrant Workers in the European Union ». International Journal of Comparative Labour Law and Industrial Relations 31, Issue 4 (1 décembre 2015) : 391–410. http://dx.doi.org/10.54648/ijcl2015022.
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So-called bogus – or false – self-employment has been increasingly highlighted as a problem within the European Union (EU), especially since the first eastern expansion in 2004. Although the concept is not fully clear in legal terms, a common denominator of most definitions is that bogus self-employment can be seen as ‘disguised employment’, occurring when someone who has an employee status in practice is not classified as an employee, in order to hide the actual legal status and to avoid costs such as taxes and social security contributions. In the light of different welfare systems, industrial relations and EU legislation, this article discusses this issue, drawing empirically on findings from a project about precarious employment in twelve EU countries. Although there are some fairly strict definitions of the ‘employee concept’ within the EU, the difficulties of identifying the employer leave the bogus self-employed in a legal limbo. No European Social Model has curtailed this problem, despite an expressed desire to address all aspects of precarious work. However, the inclusion of all ‘self-employed’ workers within social insurance systems and workers with an employee status in practice seems possible also under existing EU regulations. It is rather a matter of goodwill and the resources to scrutinize the terms and conditions of employment.
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Sadrić, Benjamin. « The Use of Military Forces in the Protection of the Borders and Prevention of Irregular Migrations in Selected South East European Countries ». Hrvatska i komparativna javna uprava 19, no 3 (27 septembre 2019) : 474–99. http://dx.doi.org/10.31297/hkju.19.3.6.
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The 2015 refugee crisis in Europe was a humanitarian, legal, and logistical cri sis. New circumstances gave rise to ideas of calling upon armies to serve at bor ders. This paper analyses all the elements of the refugee crisis that could serve to legitimise or oppose the use of military forces in the protection of state borders. Governments’ international obligations to protect refugees and providing security for their citizens came into conflict during the crisis. In an age of terrorist threats, the roles of the police and the military are shifting in an unknown direction, yet these international obligations remain. The refugee crisis challenged not only international law but also European Union policies and ethical principles. The possible solutions were either to ac cept all refugees or to close the borders entirely and somewhere in between these opposing solutions the army was considered as a tool. Many have emphasized that there is no place for military personnel at state borders regardless of refugee inflow. Hence, this paper examines the arguments for a “military ban”. Furthermore, a thorough analysis follows on the legal and logistical legitimacy of army usage at borders. At the end, Hungarian, Slovenian, and Croatian legislation are discussed and compared with a view to problems that could arise from the differences in the legislation regarding possible future migration and refugee inflows.
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Ismailov, K. « To the issue of personal information circulation in the national police databases ». Fundamental and applied researches in practice of leading scientific schools 38, no 2 (30 avril 2020) : 41–45. http://dx.doi.org/10.33531/farplss.2020.2.7.
Texte intégralRésumé :
The urgency of the problem under consideration is due to the outdated legal framework of Ukraine in the sphere of personal information circulation, which has been in existence for more than 10 years, given the significant gradual changes that have already taken place and are planned in the legislation of the member states of the European Union. And with the advent of modern information and telecommunication technologies, the issues of processing of personified information become even more urgent in view of respect for fundamental rights and freedoms of citizens.
The purpose of the article is to analyze the current legislation of the European Union and Ukraine in the sphere of the circulation of personal information during the detection, prevention and investigation of offenses.
Research methods. To achieve this goal, a number of scientific methods were used, namely: theoretical - to study and analyze national and international legal acts, scientific and methodological literature, summarize information to determine theoretical and methodological bases of the research; logical analysis - to formulate basic concepts and conduct classification; specific historical - to demonstrate the dynamics of the development of protection of personalized information about a person; dialectics - to determine the content and features of the constituent elements in the sphere of personal information turnover; empirical methods - to summarize the best practices of EU countries.
Results of the research. The article analyzes the recent changes in the EU countries in the field of protection of fundamental rights and freedoms of citizens when processing personal data by law enforcement agencies. Particular attention is paid to the urgency of storing personal data in police databases. The article also gives examples of European countries' law enforcement models in the area of the circulation of personal information. Attention is drawn to the basic principles of the processing of personal data, which are set out in the documents of the «Data Protection Package» adopted by the European Parliament, namely: legality, fairness and transparency; target restriction; minimizing data; accuracy; storage restrictions; integrity and confidentiality. The main provisions of the normative legal acts of Ukraine are presented, which reflect the norms regulating the sphere of turnover of personal data.
Practical importance. Thus, European legislation in the field of the circulation of personal information, which came into force in May 2018, significantly modernized the existing information relations. It is stated that in different EU countries there is an approach to regulating the timing of personal data retention in police bases, which should be compatible with the rights and freedoms of individuals. Changes in EU law go hand in hand with limiting the timeframes for finding information in police databases and differentiating information based on the nature of the crime, the person's age, time elapsed, and the person's behavior. Due to this, the legislator came to a balance between securing the right of privacy and property of a person for his personal data and the need to exercise the statutory functions of the state, performed in the interests of national security, protection of human rights and security.
It is necessary to introduce in Ukraine a new model of personal data turnover, which will be based on the modern realities of accumulation, processing, analysis and dissemination of information, by changing the provisions of regulations in the specified field in accordance with the principles set out in the documents of the «Data Protection Package», which provide creating conditions for ensuring a consistent international legal framework for the protection of personal data.
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Golovina, S., Aleksey Ruchkin, I. Mikolaychik et L. Smirnova. « Local Communities Participation in Rural Development : the Experience of the European Union ». Agrarian Bulletin of the 212, no 09 (9 novembre 2021) : 80–92. http://dx.doi.org/10.32417/1997-4868-2021-212-09-80-92.
Texte intégralRésumé :
Abstract. The use of the experience of implementing the Common Agricultural Policy (CAP) in the member states of the European Union (EU) is relevant both for Russia and for other countries of the world interested in the successful development of the agrarian sector of the economy and rural areas. The role of rural areas in achieving national security of countries and regions (food, biological, environmental and other) is increasing significantly due to the current challenges and threats (climate change, COVID-19 pandemic, aggravation of the international situation). The purpose of the study, the results of which are presented in this article, is to scrutinise the special approach implemented under the CAP. This approach is referred to in European law as LEADER/CLLD and refers to a close combination of comprehensive cross-sector interaction with active involvement of local communities in rural development. In the work, analytical and review research methods were used, with the help of which (1) the current (relevant to the research topic) legislation, (2) programs implemented in the EU member states, (3) significant scientific publications were subject to scrupulous study. The result of the work is a review and analysis of the findings and practical recommendations for the future use of the various aspects of LEADER/CLLD in domestic political and economic practice. The application of this approach takes into account the fact that the experience of local residents, combined with the opinions of other stakeholders, can help to better adapt rural development policy to real needs and opportunities, and to form a specific (unique) human capital within the boundaries of rural communities. Human capital includes, in addition to specific skills, (1) the ability to take constructive initiatives, (2) a sense of local identity and ownership, (3) the ability to participate as equals with other partners in defining local development strategies, (4) trust between people, private enterprises, public institutions and sectoral communities interested in successful rural development, formed through constant interaction. Theoretical and practical conclusions regarding the content of LEADER/CLLD initiatives, as well as findings related to the possibilities of introducing tools and mechanisms to support rural areas, implemented directly with the involvement of local communities with financial support from the state, are of scientific novelty.
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V. V., Novitskyi. « Political and legal mechanisms for the protection of human rights through the lens of the European Union countries ». Almanac of law : The role of legal doctrine in ensuring of human rights 11, no 11 (août 2020) : 180–85. http://dx.doi.org/10.33663/2524-017x-2020-11-32.
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The author of the article, first of all, draws attention to the current problems of protection and protection of human rights, which unfortunately are traced within the territorial jurisdiction of the European Union. Such problem is quite well demonstrated by Berbel Koffler, as the Commissioner of the Government of the Federal Republic of Germany on human rights and humanitarian aid policy. Indeed, the Ombudsman of Germany has raised a number of deep dilemmas: violence against human rights defenders on the grounds of their professional activity, the relation of human rights institutions with public security and economic development. In fact, these questions, in varying percentages, are equally relevant to many countries in the world. In the outlined context, the case of the European Court of Human Rights “Gabriel Weber and Caesar Richard Saravia v. Germany” of 29.06.06 was analyzed. Actually, this case covers directly the issues of human rights and national security of Germany. Grounds for initiating this case have arisen in connection with the legislative provisions of the Law of Germany on the Restriction of the Secret of Correspondence, Mail and Telecommunications of 13.08.68., ("Law G-10"), taking into account changes made under the Anti-Crime Act of 28.10.94, which extend the powers of the Federal Intelligence Service, within the so-called strategic monitoring. It is about collecting information by listening to telephone conversations in order to identify and prevent serious threats to the Federal Republic of Germany, such as: armed attacks on its territory, international terrorist attacks, other serious crimes. According to the applicants who worked as journalists, strategic monitoring can be used against individuals to prevent effective journalistic investigations. In view of these suspicions, the applicants argued that they had violated the human rights guaranteed by the Convention, such as the right to privacy and correspondence, the violation of press freedom, and the right to an effective remedy. The ECHR Judges, having examined the circumstances of the case, concluded that there were no grounds to satisfy the complaints on the basis of the following arguments: 2) German legislation, as part of strategic monitoring, is endowed with adequate and effective safeguards against abuse by authorized entities. In addition, the article analyzes the multi-vector issue of banning citizens of some European Union countries from wearing hats that completely or partially hide their faces. The fact is that, under such restrictions, in particular, the traditional clothing of women adherents of Islam has fallen. It is a “burqa” and a “niqab”. The presented study is mainly based on the legislative practice of France, Belgium, which provides for administrative as well as criminal penalties for non-compliance with the stated prohibition. In such cases as S.А.С. France, Belkacemi and Oussar v. Belgium, Dakir v. Belgium, the applicants, alleged that they had violated the human rights guaranteed by the Convention, including: the right to respect for their private life; the right to freedom of expression of one's religion or belief; the right to freedom of expression; the right to freedom of association; humiliating treatment and discrimination against the enjoyment of the abovementioned human rights. According to most ECHR judges, who have dealt with the said cases, the disputed prohibition is not necessary in a "democratic society for public safety" but its main task is to preserve the conditions of "cohabitation" as an element of "protection of the rights and freedoms of others." In the context of this debate, attention was paid indirectly to such EU Member States as: Austria, Bulgaria, Croatia, Germany, Latvia, the Netherlands, Italy, Spain, Denmark, Switzerland. Keywords: human rights, legal guarantees, security, privacy.
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Lalić Novak, Goranka, et Teo Giljević. « Migration and Asylum Governance in CEE Countries : Between Historical Legacies and the Europeanisation Process ». Hrvatska i komparativna javna uprava 22, no 1 (2 mai 2022) : 97–128. http://dx.doi.org/10.31297/hkju.22.1.3.
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Migration patterns in post-socialist Central and Eastern Europe countries were different when compared to old EU member states. During the period after WWII until 1990, those patterns involved primarily migration to and from other CEE countries (and the Soviet Union). In former Yugoslavia, a less oppressive regime, together with a high demand for workers in Western European countries, opened up space for rather massive labour emigration during 1960s and 1970s. After the collapse of previous regimes and during the transition period in the 1990s, CEE countries experienced an increase in immigration; however, relatively small numbers of immigrants have been arriving from outside Europe. At the same time, under the EU accession requirements, those countries had to quickly develop migration policies and align their legislation with acquis communautaire on migration and border security. The mass migrations in 2015 and 2016 opened a new chapter regarding migration and asylum governance in CEE countries. Some of them, such as Visegrad countries, strongly opposed the EU initiatives in the area of migration and asylum, which influenced their relations with EU institutions but also other member states. The paper aims to explore the relationship between the transition and Europeanisation on one side, and the development of migration and asylum governance on the other side in CEE countries, based on the path-dependency approach. The paper focuses on the question to what extent (post)socialist factors influence national migration and asylum governance and policies which are at the same time governed by the EU regulatory framework. It is debated whether the effectiveness of the transfer of values and norms relating to migration during the accession process has been replaced by a “national turn” after joining the EU.
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Frantsuz, A. J., et Y. K. Tupichenko. « ORGANISATIONAL AND LEGAL BASIS OF PRIVATE DETECTIVES IN POLAND AN UKRAINE ». Legal Bulletin 76, no 6 (15 décembre 2022) : 54–59. http://dx.doi.org/10.31732/2708-339x-2022-06-54-59.
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institutional crisis, destruction of anti-corruption legislation and loss of trust in law enforcement agencies - stimulates the development of non-governmental organizations and the emergence of individuals, protect private property, ensure personal safety, protect the lives and health of citizens. These include security agencies, bodyguards and private detectives. The lack of legal regulation of detective activity in Ukraine is a very big legal problem that separates us from the modern European world. The desire of the current government to maintain control over law enforcement agencies and the weak implementation of law enforcement and investigative activities - contributes to the active development of crime in Ukraine. This forces Ukrainian scientists and lawyers to study international experience for the effective implementation of the institute of detective work, in accordance with current international law. The activities of private detectives in European countries - is ensured by the right of citizens of these countries to protect their constitutional rights. Also, in the territory of the European Union, the activities of private detectives are legal and clearly spelled out in law. Legal regulation of private detective work is a very difficult issue. It is difficult to create adequate legal conditions when it comes to the authority of some people - to obtain information about third parties without their consent and knowledge. Therefore, the legislator of a modern European country must find a fine line between personal freedom, the right to privacy and the minimum rights of a person engaged in private detective work. This is necessary for the detective to be able to perform his duties efficiently and reliably. Today in Ukraine there are no laws that would clearly regulate private detective work. However, services that show signs of private detective work are still provided by individuals and agencies. If you look at the sections of ads on the Internet, you can find many suggestions for the provision of detective services.
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Poljanec, Kristijan, et Tomislav Jakšić. « Safeguarding Croatian Strategic Industries Within the Scope of the EU Foreign Direct Investment Regime ». Central European Journal of Comparative Law 1, no 2 (9 décembre 2020) : 123–49. http://dx.doi.org/10.47078/2020.2.123-149.
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A European Union (EU)-wide screening regime entered into force in October 2020, marking the turning point in the Member States’ investment relations with third countries, most notably, the emerging economies of the Far East. Most Central and Eastern European (CEE) states have recently embraced novel screening solutions; some legislative proposals are still pending in a few states. These regulatory changes are the result of the socio-economic turmoil caused by the COVID-19 epidemic, which threatens a major fire sale of resources that are deemed critical for the Member States’ national security and public order. In this paper, the authors examine the existing screening mechanisms regarding foreign direct investment (FDI) in five EU countries: Austria, Germany, Hungary, Slovenia, and Poland. Given the apparent lack of comprehensive FDI screening mechanisms in Croatia, the authors consider that the findings of this comparative analysis could help Croatian legislator establish a comprehensive legal regime for FDI pouring into Croatian strategic industries. This paper argues that Croatia should introduce novel screening mechanisms along the lines of the Germanic legal tradition, most notably, the CEE and the German foreign trade and payments law. The authors suggest potential solutions de lege ferenda that would fit the scope and objectives of the screening regulation. Following the introduction, the second section of the paper glances through FDI screening mechanisms in four CEE countries. In the third section, the paper revisits the existing Croatian legislation on FDI control. The fourth section considers possible amendments thereof within the context of the German foreign trade and payments law. The fifth section summarises and concludes the paper.
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Solovei, A. « Features of the legal regulation of the adoption of children by foreigners according to the family legislation of foreign countries ». Uzhhorod National University Herald. Series : Law 1, no 72 (16 novembre 2022) : 161–65. http://dx.doi.org/10.24144/2307-3322.2022.72.27.
Texte intégralRésumé :
In the scientific article, the author conducted a scientific study of the foreign experience of legal regulation of the adoption of children by foreigners, primarily according to the legislation of the European Union states and states adjacent to Ukraine. Based on the conducted research, the author came to the conclusion that in the practice of states adjacent to Ukraine and states members of the European Union, there are three approaches to determining the procedure for adopting children by foreign citizens: through the definition of a national regime for foreigners, similar to that which exists for citizens of the relevant state (Latvia); through the determination of conflicts of laws with respect to the law applicable to adoption, which are defined in civil codes (Germany, France, Czech Republic) or separate laws on international private law (Spain, Switzerland); due to the establishment of a separate procedure for adoption (Bulgaria, Belarus, Moldova, Ireland) or an exceptional case of adoption of a child by foreigners using the same procedure for adoption, as with national adoption (Poland, Hungary). In the latter case, the possibility of international adoption is provided, if the child, after being transferred to a foster family, was not adopted in the state of his/her citizenship, because the measures taken to adopt the child were not successful, moreover, in Poland, exceptions to this rule are provided when there is a kinship relationship between the adopter and the adopted child or if the adopter has already adopted a brother or sister of the child being adopted. In the Republic of Bulgaria, foreigners wishing to adopt a child must obtain a permit for international adoption from the Minister of Justice, in the Republic of Belarus - in addition to the written permission for adoption from the Minister of Education, it is also necessary to obtain the child's consent for adoption, the child's stay in the relevant register for a year and the absence of an initiative by citizens of Belarus to adopt a child. In the case of international adoption of citizens of the Republic of Moldova, the ethnic origin of the child, his/her belonging to a certain culture, religion, language and other features that deserve attention must be taken into account; persons wishing to adopt a child must submit a special application - for international adoption, to the Ministry of Health, of Labor and Social Protection of the Republic of Moldova and the Department of Social Security and Protection of Family Rights as territorial guardianship bodies carry out preliminary and final selection of foreigners who wish to adopt a child who is a citizen of the Republic of Moldova.
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Zwinger, Verena, et Elisabeth Brameshuber. « Collectively Agreed (Minimum) Labour Conditions as Protection Boosters ». International Journal of Comparative Labour Law and Industrial Relations 34, Issue 1 (1 mars 2018) : 77–110. http://dx.doi.org/10.54648/ijcl2018004.
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The steady fall in unionization rates has led to the evident weakening of collective bargaining powers, resulting in a decline in collective bargaining coverage in many Member States of the European Union (EU) in recent years. In Germany, one of the responses of the legislator to this development was the introduction of a statutory national minimum wage. However, there are still national systems, such as Austria and the Scandinavian countries, where collective bargaining plays a major role in setting employment standards. The first two parts of this article examine the different standard-setting mechanisms in place, taking a closer look at minimum wage legislation and collectively bargained wages in particular. The article also considers the fact that non-standard employment relationships, in particular in the so-called gig economy, seem to fall between two stools: in the majority of EU Member States non-standard workers fall under the scope neither of statutory minimum standards, nor of collective bargaining agreements. This article argues that collective bargaining could be a key factor in efforts to ensure fair and just working conditions, while protecting non-standard workers from other risks historically covered by social security.
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Freyburg, Tina. « The Janus Face of EU Migration Governance : Impairing Democratic Governance at Home Improving It Abroad ? » European Foreign Affairs Review 17, Special Issue (1 avril 2012) : 125–42. http://dx.doi.org/10.54648/eerr2012018.
Texte intégralRésumé :
In the field of European Union (EU) migration policies, a large number of legal, administrative, and institutional tightening measures have been established in the name of domestic security since the early 1990s. These measures have been criticized because they allegedly lower the democratic quality of EU migration governance. Yet, the EU seeks to export its rules and regulations beyond its borders to neighbouring third states through its association policies. This article argues that what may be seen as a step back in terms of democratic governance inside the EU may present a step forward in its authoritarian Southern neighbourhood. It explores whether the rules of EU migration can constitute a step toward democratization of migration governance in neighbouring countries, where provisions of transparent, participatory, or accountable decision-making cannot be taken for granted. Taking the example of the Moroccan 2003 law on migration, the paper demonstrates that the EU was fairly successful in inducing the adoption of legislation in line with provisions of democratic governance. The contribution concludes with a discussion of the prospect of implementation of these provisions, in particular, against the background of the EU's extended external competences under the Lisbon Treaty.
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Jashari, Ruzhdi. « Protection of Personal Data Requirement of Modern Times for the Functioning of the Security, Individual Freedoms and the Rule of Law ». European Journal of Multidisciplinary Studies 5, no 1 (19 mai 2017) : 299. http://dx.doi.org/10.26417/ejms.v5i1.p299-305.
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Rule of law, human rights, freedoms, and security; are the three main pillars to the new trend of global developments, especially in the development of democratic values, where the protection of individual freedoms is among the fundamental principles that have data protection as the center point. In the years 2015-2016 we have seen the major cases of confrontation regarding the wiretapping to that point as the intervention even in the system of the "US election campaign by the Russian hackers", then sending of Macedonia to the "early elections, due to the extraction and publication of wiretaps by Zaev", the review of the "Safe Harbor" Agreement, of the EU and the US regarding the transfer of personal data during free "transatlantic" trade among EU and USA, etc. In this time of globalization, and developments of major movements is been said: "no home", "no time", "no limit", by digitized devices and social networks, privacy of the individual is excessively violated through abuse of personal data, personal security is violated and security of the systems vital to society. Therefore, this way, the national security of a country is been violated and endangered as well. Therefore, the development of institutions for protection of personal data, their independence and empowerment are of particular importance due to the vital interests of the country; where security, justice and freedom have a leading role in the development of a free and democratic society, where the individual human rights and freedoms, have a main place in modern developments of our time, in the society with the rule of law and the diversity of values. Freedoms and human rights, data and privacy protection; according to the European Convention of freedoms and human rights and the 108 Convention of the protection of personal data in automated processing, even though Kosovo has still not signed them. These rights are guaranteed by the constitution. On May 26, 2018 New Rules for the Protection of Personal Data of the EC and the European Union, will be no binding power for all EU countries. The entire legal measures of protection of personal data of the new Rules of PPD, should be forwarded to legislation interior PPD of EU member states and the EC and those who are already signatories to Convention 108 of PPD during the automatic processing of personal data. Among other things, we will give our assessments in question, where Kosovo really stands in this direction, with its commitment and aspirations for integration into European institutions and mechanisms.
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Fliazhnikova, Ya V. « EUROPEAN EXPERIENCE OF LEGAL REGULATION OF ATTORNEY PROFESSIONAL ETHICAL BEHAVIOR ». Actual problems of native jurisprudence, no 05 (5 décembre 2019) : 173–77. http://dx.doi.org/10.15421/391982.
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The European experience in the legal regulation of the lawyer’s professional ethical conduct is important and necessary for any civilized community. Its positive characteristics can be useful for reforming the current legislation of Ukraine and further scientific research. Since the profession of lawyer is designed as a benchmark for the protection of human rights in relations with the government, the existence of clear standards of attorney ethics that meet the generally recognized world standards – is a necessary prerequisite for the effectiveness of the advocacy as such. It is Europe’s universally recognized values, such as the right to life, liberty and security of person, property, fair trial and others, that will only be true values if they can be protected in a civilized legal way. The article reviews the work of the eminent lawyer M. Mollo “Rules of the Bar in France” which outlines important and necessary professional personal requirements that a lawyer in a modern democratic society must meet. The individual provisions of the German Bar, which is an independent organization in the justice system, are examined. The German Bar system allows attorneys to practice law virtually as free entrepreneurs. Moreover, it is determined that the practice of advocacy in Germany contains a lot of innovations, first of which is its concern with countries that are members of the European Union. It should be noted that the author has suggested the first step for Ukraine – based on the experience of Germany – is to establish a single minimum tariff, which would be used by both law firms and individual lawyers. Based on the review of the provisions of the General Code of Practice for EU lawyers, an important next step for Ukraine has been identified is the rules on professional insurance. Attorneys should always be insured against unfounded claims that are related to insufficient professional competence, and the size of the insurance should be set within reasonable limits. It is important to note that the laws of other European countries trace the principles of the autonomy of the legal profession, independence, exclusivity, self-government and self-financing.
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Fihura, V. O. « THE NEED TO IMPLEMENT THE API/PNR SYSTEM AND THE CONCEPT OF INTERVIEWING ». Constitutional State, no 48 (19 décembre 2022) : 24–31. http://dx.doi.org/10.18524/2411-2054.2022.48.267960.
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The article reveals issues regarding the possibility of implementing the API/PNR system in Ukraine in order to ensure national security and border security of our state. Emphasizing that the basis for the future implementation of advance passenger information and passenger registration records was the signing of the Agreement between the Governments of Ukraine and the United States in 2021. According to the agreements, international airports were to be the first checkpoints where API/PNR was planned to be launched, but, unfortunately, the undeclared war by the Russian Federation and the closing of the air gates of Ukraine did not give an opportunity to start preparations for the operation of this system in time. The implementation of this system in Ukraine will ensure more effective counteraction to cross-border crime at the state border and will provide an opportunity to identify not only persons involved in illegal activities, but also persons who may be potential terrorists, illegal migrants, and drug couriers. It should be noted that the API/PNR system has proven itself positively in most developed countries of the world, such as the United States of America, Canada and most countries of the European Union. So, for example, in European countries, the functioning of this system made it possible to effectively fight and detect potentially illegal migrants, terrorists, people involved in human trafficking among flight passengers. Along with the introduction of the system of advance passenger information (API) and passenger registration records (PNR), we considered the issue of introducing and enshrining at the legislative level the concept of “interviewing”, which, in turn, would provide an additional opportunity for law enforcement agencies to counter organized crime on the state border of Ukraine. Noting the fact that Ukrainian legislation does not provide for the functioning of the API/ PNR system and does not define the body that will be empowered to work with it.
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Kovalenko, I. « Some types of works posted on the internet, and the peculiarities of their protection by Ukrainian copyright compared to US law ». Uzhhorod National University Herald. Series : Law, no 70 (18 juin 2022) : 181–85. http://dx.doi.org/10.24144/2307-3322.2022.70.26.
Texte intégralRésumé :
The article deals with the peculiarities of protection against plagiarism of works posted on the Internet and the peculiarities of their protection by Ukrainian copyright compared with US legislation.
The ratio of features of the computer program as an object of copyright protection is analyzed. After all, the program derived from the algorithm and is in a sense, its equivalent. This means that some basic features of algorithms are inherent in programs. The program can also be considered as a means of implementing an algorithm, and as such, characterized by certain distinct features from which for the purposes of the program research as an object of copyright protection can be distinguished: unlike the algorithm, which is a sequence of logical-mathematical Transformation operations, the program contains a sequence of commands that describe the process of implementing an algorithm and provide control of this process. The objective form of expression of the program is its recording formalized language of simultaneous computers.
It is determined that the protection of computer programs by copyright norms, is a great theoretical and practical curiosity as the simplest and economical.
The jurisdictional and non-legal forms of protection of patent law are characterized, the main ways of protecting intellectual property rights are clarified. The emphasis on the judicial prohibition as a way of protecting intellectual property rights is analyzed by the international index of property rights, in particular the level of protection of intellectual property rights in Ukraine and in the United States. The fact of a low indicator of protection of intellectual property rights in our country is established compared to European countries. The main issues of protection of intellectual property rights in Ukraine are highlighted. It is emphasized the need to adapt national legislation to the legal system of the European Union. There are a number of international treaties regulating intellectual property relations at the international level. The European integration course of Ukraine indicates its desire to adapt their legal system to European standards, and therefore, concluding an Association Agreement with the EU, Ukraine has undertaken to harmonize its intellectual property legislation with European legislation. The provisions of a number of European legal acts regulating the issue of protecting intellectual property rights are given. Problems of collecting evidence base for violation of intellectual property rights remains open issues as a national judicial practice on this issue. It is necessary to create a specialized judiciary that would consider cases of violation of intellectual property rights, including on the Internet. It is necessary to enhance legal responsibility for violations in the field of intellectual property, in particular regarding the distribution of pirate products.
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Saenko, M. I., E. A. Savela et Y. Y. Topolyansky. « International experience against cyber crime and cyber crime ». Uzhhorod National University Herald. Series : Law, no 64 (14 août 2021) : 386–91. http://dx.doi.org/10.24144/2307-3322.2021.64.71.
Texte intégralRésumé :
The article considers the concept of cybercrime, mechanisms for combating it at the international level (in the UN system), analyzes international legal acts governing the process of combating cybercrime. It is noted that today a large-scale problem of the world community is cybercrime, the number of which is growing every year. Despite the active growth of the IT industry and information space, businesses are still not fully aware of the importance of cybersecurity. Both the population and state (non-state) organizations become potential victims of criminal en-croachments.Cybersecurity means first and foremost responding quickly to threats within the Internet. It is noted that in most cases, the objects of cyberattacks are the Internet of Things and the industrial Internet of Things, as, first, a low degree of protection of devices and ports, cloud applications, application programming interfaces; second, there are no security standards.The experience of counteracting such new challenges and threats as cybercrime, information terrorism and ex-tremism, information fight operations, which not every country is able to cope with, is being studied.International experience in counteracting such new challenges and threats as cybercrime, cyber-fraud, informa-tion terrorism, phishing, vishing and smuggling, targeted phishing, impersonating another person and other methods of cyber-fraud, information control operations, which each is unable to deal with .The importance of international treaties in this area is noted, including the Commonwealth Model Law on Cybercrime of 2002, the Caribbean Model Law on Cybercrime (HIPCAR project), a joint project of the European Union and the International Telecommunication Union for the Pacific and Pacific States. UN project to develop cybercrime legislation for African countries.
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Resniova, Ecaterina, et Tatiana Ponomarenko. « Sustainable Development of the Energy Sector in a Country Deficient in Mineral Resources : The Case of the Republic of Moldova ». Sustainability 13, no 6 (16 mars 2021) : 3261. http://dx.doi.org/10.3390/su13063261.
Texte intégralRésumé :
The energy sector is an essential element in an economy’s infrastructure, so a deficit of national mineral resources makes the energy sector dependent on imports of raw materials, which in turn can negatively affect a country’s energy security. The sustainable development of the energy sector for countries with transitioning economies should be based on the energy trilemma. Four principles are proposed: diversification of energy resources and energy generation sources, ensuring energy efficiency, ensuring energy affordability, and green energy production. Based on a comparative analysis of the economic and energy indicators (for the years 2014 to 2019) of European countries that are not members of the European Union, the situation in the energy sector of the Republic of Moldova is classified as critical and its fundamental issues are identified (107th place in the World Energy Trilemma Index). The main objectives of the study are: (1) To analyze energy and economic efficiency as well as the conditions for and problems of the functioning of the energy sector in countries with transition economies (using non-European Union countries as an example); (2) To present a substantiation of the directions for development of the energy sector in countries with transition economies that lack energy resources (using the Republic of Moldova as an example), taking into account the identified factors and principles of sustainable development; (3) To develop an economic and mathematical model for assessing the directions for the development of the energy sector in countries with transition economies using multiple-criteria decision analysis (MCDA). Decision-making methods can be used to select strategic development alternatives, particularly in the energy sector. MCDA has several advantages and uses in the following situations: comparing several alternatives; identifying the most preferable and unacceptable alternatives; comparing alternatives based on several (sometimes conflicting) criteria; looking for a compromise in a situation where different stakeholders have conflicting goals or values. A methodology including a system of 7 indicators and an economic and mathematical model for assessing development paths for the energy sector in countries with transition economies were developed that are based on multiple-criteria decision analysis. An algorithm and a computer program were developed to carry out MCDA and select the best development path for the energy sector of the Republic of Moldova. The article presents a rationale for choosing the best option regarding the development of the energy sector of the Republic of Moldova, which is a country with a deficit of its own energy resources.
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Kjærgaard Sørensen, Nicolai, et Ulla Steen. « The Fundraiser's Transfer of Personal Data from the European Union to the United States in Context of Crowdfunding Activities ». Nordic Journal of Commercial Law, no 2 (15 novembre 2022) : 21. http://dx.doi.org/10.54337/ojs.njcl.2.7545.
Texte intégralRésumé :
European start-up companies must overcome more ‘transfer hurdles’ when personal data is transferred from the European Union to the US (United States of America) as part of crowdfunding campaign activities. Transfer of personal data is commonly not associated with (small scale) crowdfunding activities. However, the strict rules of the EU GDPR (European General Data Protection Regulation) on safeguarding personal data apply to all companies when data is transferred from the EU to the US - regardless the size of the business.
This article identifies exchange of personal data that takes place between primarily fundraiser and crowdfunding service provider in different steps of fundraising campaigns. The framework for rewardbased crowdfunding for goods production that is provided by the US based Indiegogo platform is used as example and context. The article highlights by way of example the obligations that must be met by European fundraisers as "data controllers" when personal data is transferred to Indiegogo. No easy solutions are provided by either European Union or national data protection authorities on how to establish an adequate level of personal data protection. Paradigms on how to secure transfer of personal data to third countries are available in form of so-called standard contractual clauses, but still conditions for transfer of personal data from Europe to the US are hard to comply with. Apart from entering into an inter partes agreement on use of standard contractual clauses with the crowdfunding platform provider, a European fundraiser must furthermore make a so-called "transfer impact assessment" to ensure that third party access to personal data is avoided. In the case of transfer of personal data from the EU to the US the fundraiser must consider using encryption of data as a "supplementary measure" to block third party access. Encryption of data is however not suitable for exchange of data in a dynamic crowdfunding campaign so other means for protection of data must be found and applied.
The reason and explanation for making data transfers from the EU to the US that hard for e.g., fundraisers are thus to be found at interstate level in the relation between the EU and the US. According to EU law, more specifically the GDPR and several of the provision of the Charter of Fundamental Rights of the European Union, US security legislation authorises a disproportionate access for US intelligence services to citizens' personal data. A solution on manageable transfer of personal data from the EU to the US may be found before the end of 2022, since a new TADP (Trans-Atlantic Data Privacy Framework) is currently being negotiated between EU and US at top politician level. However, the implementation of the TADP may take som time since the EU legislative framework needs adjustments to make the new transfer possibilities operational.
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Steblianko, A. V., et D. A. Riepin. « Cryptocurrency as a modern phenomenon : advantages, disadvantages, problems of legal regulation ». Legal horizons, no 26 (2021) : 97–101. http://dx.doi.org/10.21272/legalhorizons.2021.i26.p97.
Texte intégralRésumé :
The article is devoted to the study of cryptocurrency as a new means of payment, which is relevant both in Ukraine and abroad. The urgency of the problem described in the article is due to the accelerated scientific and technological progress and global computerization of society, where modern technologies contribute to the emergence and development of new mechanisms of the economy, in particular, relations using non-cash payments. The main features of cryptocurrency are considered and argued in the form of its advantages: availability, speed, decentralization, security, and disadvantages: unreliability, distrust of users, inability to cancel transactions, use to commit illegal acts. The features that are controversial in modern conditions are anonymity and transnationality. The main problems of cryptocurrency and its legal regulation are generalized. Emphasis is placed on the practice of regulating the cryptocurrency market in the European Union, as well as on the legislation of the Republic of Estonia in the field of virtual assets. The legal status of cryptocurrency in Ukraine is considered, which is an urgent problem on the way to its legalization both in the legislative and technical plan. Attempts to legally regulate a new type of currency are analyzed. Bills and acts of the National Bank of Ukraine in the field of cryptocurrency circulation are described. Gaps in the current legislation, in particular in the Law of Ukraine "On Prevention of Corruption", were identified, and ways to solve such problems were suggested. It is concluded that it is necessary to develop and create effective legislation in the field of regulation and control of cryptocurrency circulation not only at the national but also at the international level, because otherwise there is a threat to economic and financial life of the state and society and other problems for the international community. in the form of criminal acts with cryptocurrency, because today in Ukraine there is no effective legislation on the circulation of cryptocurrency, and the number of problems with the use of digital currency is growing every day, so it is worth paying attention to such components as the Internet and virtual assets, as in the leading countries of the world this direction is important in domestic and foreign policy.
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Khitska, O., et R. Gerard. « INTERNATIONAL AND NATIONAL LEGISLATION TO CONTROL MICTOXINS IN FOOD : REVIEW ». Naukovij vìsnik veterinarnoï medicini, no 1(149) (30 mai 2019) : 30–40. http://dx.doi.org/10.33245/2310-4902-2019-149-1-30-40.
Texte intégralRésumé :
Today, the problem of monitoring mycotoxins has become global in connection with climate change, a violation of the ecological balance for the use of intensive technologies for processing crops, through air pollution and the accumulation of products of photochemical reactions (photooxidants), which leads to a decrease in plant resistance to phytopathogens. Every year, the problem of mycotoxicosis is exacerbated, as toxic fungi adapt quickly to new technologies and modern plant protection products. The increase in mycotoxins in foods also relates to the widespread use of nitrogen fertilizers and pesticides. Natural toxins create risks for the health of humans and animals, affect food security and nutrition, reducing people's access to healthy food. The World Health Organization is constantly appealing to national authorities to monitor and ensure that the levels of the most relevant natural toxins in foods are as low as possible and consistent with both national and international requirements. Ukraine's membership in the WTO, an association with the European Union, and the expansion of international trade require solutions to the issues of free movement of goods, safe and healthy food, and, accordingly, an adequate level of protection of life and health of people. One of the most important ways to solve them is to improve and harmonize national food legislation in line with international standards, including on the control of mycotoxins. The purpose of our work was to conduct an analysis of literary sources, international and national legislative acts on the control of mycotoxins in food products throughout the food chain. To prepare the publication, we have used literary sources on the subject of publication, as well as we have conducted a comparative analysis of national and international legislative acts regulating procedures and methods for controlling the residues of mycotoxins in food. An analysis of numerous sources has shown that the issue of monitoring mycotoxins in foods, improving laboratory control and risk-based approach to preventing foodborne mycotoxicosis worries scientists from different countries, including Ukrainian. The analysis of national legislation shows that national standards on maximum levels of pollutants have been revised in Ukraine and a number of standards have been harmonized for methods of monitoring the residues of mycotoxins in feed for productive animals, food products of animal and vegetable origin. Key words: mycotoxins, food chain, food, international law, national legislation, control, safety, risks.
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Andriyanov, D. V. « Application of Smart Contracts and Blockchain Platforms in Cross-Border Oil and Gas Transactions : Aggravation of Conflict-of-Laws Problem ». Actual Problems of Russian Law 15, no 6 (11 juillet 2020) : 84–94. http://dx.doi.org/10.17803/1994-1471.2020.115.6.084-094.
Texte intégralRésumé :
Modern international hydrocarbons turnover is becoming more autonomous and decentralized. This process is facilitated not only by the introduction into contractual practice of such network technologies as smart contracts and blockchain platforms, but also by the wide dissemination of sources of non-governmental regulation (lex petrolea). In the context of the network paradigm of private international law, the classic problem of conflict of laws is exacerbated. The author considers the conflict-of-laws aspects of the use of smart contracts based on blockchain technology in cross-border oil and gas transactions, taking into account the fact that the use of computer algorithms does not create a new contract, but is only a special form of transaction. Such “automated” transactions in the oil and gas sector involving multiple jurisdictions create uncertainty in their legal regime. In the absence of a comprehensive substantive legal regulation, and in connection with the phenomenon of lex petrolea, the conflict-of-laws method of regulation predominates. The author shares his reasoning concerning the possibility of extending the application of Regulation No. 593/2008 of the European Parliament and the Council of the European Union “On the Law to be Applicable to contractual obligations (Rome I)” to smart contracts. The author concludes that existing regulation is quite applicable to smart contracts in cross-border oil and gas transactions. Another question is whether the law, which is applicable by virtue of a conflict-of-laws rule, provides for an appropriate substantive basis. To date, special legislation on smart contracts has been passed in only several American states. It is predicted that in the future, private international law will not only determine the law applicable to smart contracts, but will also be a guide to disseminating the positive experience of legal regulation of smart contracts in different countries.
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Voloshyn, Yuriy, et Vladimir Proschayev. « Intelligence bodies of the state in the mechanism of ensuring the constitutional rights and freedoms of man and citizen : international standards and legislation ». Slovo of the National School of Judges of Ukraine, no 3(32) (18 décembre 2020) : 6–18. http://dx.doi.org/10.37566/2707-6849-2020-3(32)-1.
Texte intégralRésumé :
The place and role of state intelligence bodies in the mechanism of ensuring constitutional rights and freedoms of man and citizen according to international standards and in the light of the newly adopted Laws of Ukraine «On the Foreign Intelligence Service of Ukraine» and «On Intelligence» are studied. It is proved that in Ukraine, as in other post-Soviet states that did not have intelligence legislation, but began to create it after the declaration of independence, the process of constitutional and legal regulation of intelligence agencies consisted of four stages (transitional, initial, basic and modern). Describing each stage, the authors stressed that the Ukrainian legislator is now in the fourth stage, which is characterized by the improvement of already adopted legislation on intelligence activities or the adoption of completely new laws based on new versions or amendments to constitutions (basic laws). It is emphasized that Ukraine has been one of the first states in the territory of the former USSR to adopt the fourth (modern) stage since the adoption of new legislative acts on the activities of intelligence agencies. Undoubtedly, the impetus for this was the amendment of the Constitution of Ukraine on the strategic course of the state to become a full member of Ukraine in the European Union and the North Atlantic Treaty Organization, which radically changed the direction and direction of intelligence use of available forces and means. It is noted that the newly adopted legislation was developed not out of thin air, but based on a set of already adopted regulations that fully reflect the complex threatening situation around Ukraine and clearly indicate the place of intelligence agencies in a single system of national security. It was necessary to summarize all the adopted preliminary normative material and summarize it in new legislative acts, which would in a new way regulate all issues of intelligence functioning in modern difficult conditions. The main positive points in the newly adopted laws are identified, namely: 1) granting categories that were previously used only in the theory of intelligence, the status of legal categories, which indicates the beginning of the process of forming a completely new set of special legal terms; 2) inclusion in the text of a separate article on the observance of human rights and freedoms in the conduct of intelligence activities; 3) inclusion in the Law of Ukraine «On Intelligence» of a separate section on the peculiarities of democratic civilian control over intelligence; 4) granting the right to intelligence agencies to conduct intelligence affairs. It is proposed to consider in the Ukrainian legislation some legal provisions of the legislation of European countries regarding parliamentary control, which, according to the authors, will significantly increase the effectiveness of control. It is substantiated that the Law of Ukraine «On Intelligence» should contain: - a list of principles of intelligence activities must be defined; - the obligation of the authorized judge of the court to draw up a decision on the refusal to grant permission to conduct an intelligence event is more correctly formulated; - the right of intelligence agencies to provide training, retraining and advanced training of persons involved in confidential cooperation, in the manner prescribed by law for intelligence officers, is more clearly defined. It is concluded that the newly adopted laws provide comprehensive guarantees of compliance with the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 and fully reflect the needs of intelligence agencies in the legal regulation of their activities in modern conditions.
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Kitsak, Taras, et Andrii-Vitalii Klym. « Implementation of the customs policy of Ukraine amid improvement of its regulatory and legal support ». Democratic governance 30, no 2 (31 décembre 2022) : 131–43. http://dx.doi.org/10.23939/dg2022.02.131.
Texte intégralRésumé :
Statement of the problem. The current stage of Ukrainian society development requires introduction of absolutely new approaches to ensuring the national security of the country. To enable the adequate response to the challenges in today’s life, it is necessary to re-assess the approaches to the customs policy and improvement of its regulatory and legal support, to guarantee efficient governmental regulation of the customs procedures and further European integration of Ukraine. Currently, administration in the area of customs policy is underdeveloped and requires updates to be in line with the realities of our time as well as the standards and regulations of the European Union. In particular, the public administration system in Ukraine does not meet the needs of the country in terms of the comprehensive reformation in various areas of the governmental policy and the European standards. Hence, it is necessary to outline and study the challenges existing in the area of customs policy and its regulatory and legal support, as well as identify the ways to address this issue. Analysis of the latest researches and publications. The customs policy implementation challenges have been researched by many scientists studying this multifaceted issue. It is worth mentioning the works of M. Bilukha, O. Hodovanets, T. Ye- fymenko, I. Kveliashvili [3], L. Kyida, O. Kolomoiets [5], V. Martyniuk, T. Mykytenko, Mosiakina, V. Pashko, V. Khomutynnik, N. Shevchenko and many others. They convey the nature and specifics of the customs policy of Ukraine and management of the same, determine the role of the customs in the system of public authorities, detail the special aspects of customs control. Addressing the previously untouched points of the general problem. The subject of the research is the in-depth study of Ukraine’s customs policy implementation amid improvement of its regulatory and legal support, with due regards to the European integration ambitions of Ukraine. Presentation of the basic research material. The customs policy of Ukraine is both complex and comprehensive, being one of the key components in the system of public administration of the foreign economic activity. It features clearly definedinstitutional support, customs policy implementation methods, mechanisms and directions. Generally, customs policy should be reviewed both as a narrow and a broad phenomenon. In the first case, it is characterized by the subjects of its implementation, and in the second one, the national economic interests. These approaches to interpretation of the nature of the specified category are equivalent. The customs policy is most powerful if it is implemented in the context of efficient governmental control of all the social processes. The legal regulation aimed at governing the external economic relations, defending the interests of the domestic manufacturers, coordinating and regulating the external trade structure, and generally strengthening the country’s economic securityplays a huge role. In addition, it is important to dwell on the customs control because it ensures efficiency and effectiveness of the customs transactions in the researched area. Adoption of the Law of Ukraine «On customs control of Ukraine» is the way to systematize the legal regulations in the area of customs policy and bring them in line with the international norms and standards. Misalignment of the legal regulations governing customs control and various areas of its implementation is one of the key obstacles on the way to efficient customs clearanceprocedures in our time. Another big challenge in the area of customs policy is incongruity between the Ukrainian legal regulatory basis and the key provisions of the European legislation. Considering importance of maintaining the European integration ties for Ukraine, the legislative basis of the country has to be greatly unified and brought in line with the European Union standards. Implementation of the customs policy of Ukraine amid improvement of its regulatory and legal support has to be based on unification of the customs legislation owing toupdate of the separateprovisions of the regulatory framework; execution of the governmental operations in the area of customs policy within the competence of the State Customs Service of Ukraine; facilitation of joint activity underway fulfillment of the international agreements; supervision over customs authority employees’ strict abidance by the laws of Ukraine in conformity with the relevant law enforcement activity and the national security of the country; introduction of the legislative support procedures on the joint borders with the European countries and implementation of the same amid stabilization and maintenance of the efficient interstate relations of the parties. Conclusions. As an essential component of the country’s economic policy, customs policy requires a thorough study in terms of the particular relations in the customs area. Ultimately, it is important to focus on the regulatory and legal support and improvement of the same, which is gaining weight amid the European integration goals of Ukraine. Apart from the above, it is necessary to address the challenges in the customs control area and substantiate adoption of the special Law of Ukraine “On customs control of Ukraine.” Unification of the regulatory and legal support in the customs clearance area will not only improve the work of the public authorities in the customs control area, but also speed up the European integration processes that have already started in Ukraine and have become objective and irreversible.
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Yasynska, Daria. « ENSURING THE EFFICIENCY OF MANAGING THE FINANCIAL AND ECONOMIC SECURITY OF THE ENTERPRISE DURING THE CRISIS ». Three Seas Economic Journal 3, no 4 (30 décembre 2022) : 60–65. http://dx.doi.org/10.30525/2661-5150/2022-4-9.
Texte intégralRésumé :
The purpose of the article is to present effective anti-crisis management measures to bring enterprises out of the crisis situation and improve their financial and economic security. The subject of this study is the financial and economic security of an enterprise during a crisis. Methodology. Using the historical and comparative methods, the author analyzes the events of recent years and analyzes the impact of external factors on the formation of the crisis state of an enterprise. The economic and statistical method made it possible to analyze the scale of damage caused by the Russian Federation to the state of Ukraine during almost nine years of active hostilities in violation of such principles of international law as the principle of non-use of force or threat of force; the principle of sovereign equality of states; the principle of equality and self-determination of peoples; the principle of peaceful settlement of international disputes; the principle of non-interference in the internal affairs of states; the principle of peaceful cooperation; the principle of fulfilling international obligations in good faith; the principle of inviolability of borders; the principle of territorial integrity of states; the principle of universal respect and protection of human rights; and to see what level of crisis the terrorist state of the Russian Federation has spread in the largest country of the European Union, namely Ukraine. Using the philosophical dialectical method, the author analyzes the very phenomenon of crisis in the broad sense of the word and finds a way to respond to the challenges of the crisis. Results. This study assesses the benefits that have contributed to the development of economic relations with countries in Africa, Asia, and Europe. The losses suffered by the Ukrainian economic system due to the destructive processes of the crisis are analyzed. The author examines the peace formula approved by Volodymyr Zelenskyy, which provides for the implementation of measures aimed at shaping peace in the European space and correcting the mistakes made by officials of the terrorist state of the Russian Federation, which led to terrible consequences; the author analyzes the achievements of this peace formula and determines how much benefit and lives it has already brought. The practical significance lies in the definition of reorganization as one of the best anti-crisis management measures that can bring an enterprise out of a crisis. In particular, attention is drawn to the effectiveness of rehabilitation measures that can restore the solvency of an enterprise. In turn, taking into account the established practice of attracting investment capital as a means of improving the economic activity of an enterprise, the author analyzes the risks of losing property and non-property assets in the event of adverse conditions and proposes to create a mechanism for investment guarantees, which consist in preserving assets by the investor in the event of adverse market fluctuations. The scientific novelty lies in the proposal to amend the current legislation to guarantee the safety of the rehabilitation procedure to the investor by mitigating the risk of loss of invested assets in restoring the enterprise's solvency.
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Tylchyk, Olha, Olena Dragan et 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, no 4 (septembre 2018) : 341–45. http://dx.doi.org/10.30525/2256-0742/2018-4-4-341-345.
Texte intégralRésumé :
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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Kubalskiy, Vladyslav. « Problems of criminalization of cyberterrorist encroachments ». Yearly journal of scientific articles “Pravova derzhava”, no 33 (septembre 2022) : 488–97. http://dx.doi.org/10.33663/1563-3349-2022-33-488-497.
Texte intégralRésumé :
This research is aimed at identify the main ways to improve the criminal legislation of Ukraine in the fi eld of counteracting cyberterrorism. The most precise attention is focused on considering of scientists’ proposals, as well as bills dealing with the criminalization of acts of cyberterrorism. The research is based on results of the analysis of the norms of criminal codes of some foreign states in the fi eld of counteracting acts of cyberterrorism. Terrorist activities in cyberspace in the context of globalization and the widespread use of information and communication technologies pose a serious threat to the security of any state and necessitate countering this phenomenon. It is impossible to properly сounteract the manifestations of cyberterrorism (in the scientifi c literature it is sometimes called «electronic», «information», «computer» terrorism) as a new type of terrorism without understanding its nature, modern forms and trends. The author consider that confi rming the position on the need for legislative regulation of criminal responsibility for cyberterrorist acts, we note that the proposed idea meets the grounds and criteria for criminalization, which are developed in the science of criminal law. The criminalization of all forms of terrorist activity without exception and their qualifi cation as terrorist crimes is a necessary precondition for the organization of proper counter-terrorism. A similar recent trend in European countries is in favor of such a solution. The cyber-terrorist acts committed in our state must be qualifi ed under Article 258 «Terrorist act» of the Criminal Сode of Ukraine. The study contains proposals to change the provisions of the current Criminal Code of Ukraine and its new draft, aimed at improving counteracting acts of cyberterrorism. The adoption of the rule in the proposed wording will contribute to a more eff ective response to acts of cyberterrorism, has a certain preventive potential, and also demonstrates the correct understanding by the legislator of the level of public danger of the analyzed acts. Key words: criminalization, cyberterrorism, act of cyberterrorism, cyberspace.
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Lesko, Natalia. « Legal principles of preventing median violence against children ». Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi, no 13(25) (8 juin 2022) : 98–105. http://dx.doi.org/10.33098/2078-6670.2022.13.25.98-105.
Texte intégralRésumé :
Purpose. The aim of the article is to analyze the legal basis for preventing media violence against children. Method. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material and the formulation of relevant conclusions. During the research the methods of scientific cognition were used: comparative-legal, logical-semantic, functional, system-structural, logical-normative. Results. The study recognized that it is appropriate to provide in the Law of Ukraine "On Child Protection" a ban on disclosing or publishing in the media confidential information about children in difficult life situations, if the dissemination of such information could harm the child, regardless of parental consent or other legal representatives of the child. Media violence is a form of psychological violence that involves propaganda of violence through the media if it causes emotional insecurity, inability to protect oneself, or mental health damage. The main feature of the modern information society is the recognition of the priority of information as one of the results of human activity. Most of the time behind a computer, modern man can no longer imagine his existence without it, which often leads to the formation of computer addiction. In addition, one of the urgent problems that arose in the era of information technology is the problem of cyberbullying - harassment of the Internet, through messages containing insults, intimidation. Such harassment can be applied to both adults and children. Currently, the phenomenon of cyberbullying is actively manifested in many developed foreign countries, such as the United States, Canada, the European Union and other countries, where public authorities are forced to pay more and more attention to this issue. It is almost impossible to eliminate violence in the media, as they shape their agenda based on the interest of the viewer. And, unfortunately, violence is one that attracts the attention of broad sections of the population. Therefore, educational institutions should help children to form the idea that the agenda, the methods of activity imposed by the media, have value only in the symbolic and not in the practical world. Scientific novelty. In the course of the research it was established that an important measure to prevent and counteract violence in the media may be the introduction of a special course "Violence and Media Space" in the curricula for the specialty 061 "Journalism". Practical significance. The applied value of the study is determined by the fact that the scientific results provide a basis for improving legislation in the field of prevention of media violence against children.
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Cunningham, McKay. « Next Generation Privacy : The Internet of Things, Data Exhaust, and Reforming Regulation by Risk of Harm ». Groningen Journal of International Law 2, no 2 (5 décembre 2014) : 115. http://dx.doi.org/10.21827/5a86a85a3dc00.
Texte intégralRésumé :
The disparities inherent in various national privacy laws have come into sharper contrast as access to information grows and formerly domestic markets become international. Information flow does not adhere to national boundary lines. Increasingly, laws that seek to protect informational privacy do not either. The European Union took a bold approach by limiting access to its markets for those who failed to observe its strict law designed to protect personal information. The 1995 Directive (and 2014 Regulatory Amendment) embody this approach as they: (1) broadly define personal information; (2) broadly define those who process and control personal information; (3) restrict transfer of personal information to those who cannot demonstrate compliance. Tellingly, the Directive does not limit its scope to certain industries or practices, but requires privacy controls across the board, regardless of whether the processor is a healthcare provider, pastry chef or girl scout. To many, the Directive has failed. While the global trend toward adopting laws similar to the Directive suggests that many States value privacy rights, commentators and empirical studies reveal significant shortcomings. The Directive outlaws harmless activities while allowing exceptions that threaten to swallow the rule. It is simultaneously over-inclusive and under-inclusive. National governments enjoy wide latitude to collect and use personal information under the guise of national security. Perhaps more concerning, technology continues to leapfrog. Information privacy is made continually more difficult with each new “app” and innovation. The Internet of Things is more probable than speculative. Radio-frequency identification is a predicate to computer identification and assimilation of everyday physical objects, enabling the use of these objects to be monitored and inventoried by computers. Tagging and monitoring objects could similarly be accomplished by other technologies like near field communication, barcodes, QR codes and digital watermarking, raising the legitimate argument that informational privacy—at least as envisioned in the 1995 Directive’s absolute terms—is impossible. Informational privacy cannot be accomplished by declaring it a fundamental right and outlawing all processing of personal information. To legally realise and enforce a privacy right in personal information, incremental, graduated, and practical legislation better achieve the goal than sweeping proclamations that have applications to actions unrelated to the harms associated with the absence of the right. With information privacy in particular, a capacious claim of right to all personal information undermines legal enforcement because the harms attending lack of privacy are too often ill-defined and misunderstood. As a result, legal realization of a claimed privacy right in the Age of Information should proceed incrementally and begin with the industries, practices, and processes that cause the most harm by flouting informational privacy. Data mining and data aggregation industries, for example, collect, aggregate and resell personal information without express consent. A targeted prohibition of this industry would reduce financial incentives of the most conspicuous violators and alleviate some of the most egregious privacy infractions. A graduated legal scheme also reduces undue and overbroad Internet regulation. While the right to privacy has been recognised and legally supported in one way or another for centuries, it has not faced the emerging and countervailing Age of Information until now. Current omnibus international legislation reflects the impossibility of legally protecting all privacy in the Age of Information; it also illustrates the need for a refined and practical legal scheme that gradually and directly targets the harms associated with privacy violations.
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Kozhura, Liudmila, Svitlana Zadereiko et Andrii Omelchenko. « SYSTEM OF ECONOMIC MEANS OF STATE ADMINISTRATION OF THE RIGHTS OF PEOPLE WITH DISABILITIES TO HEALTHCARE ». Baltic Journal of Economic Studies 7, no 4 (27 septembre 2021) : 101–7. http://dx.doi.org/10.30525/2256-0742/2021-7-4-101-107.
Texte intégralRésumé :
At the current stage of the development of society the problem of social protection and state support for people with disabilities is particularly relevant and requires reform and improvement. Ukraine, as a country aspiring to join the European Union, should take into account the best foreign experience of the leading countries of the world in the field of state policy to support people with disabilities and its implementation. The process of reforming the national healthcare system demonstrated the ineffective policy in this area, the high level of corruption and the inability to transform this system to the level of world standards of medical care, especially for people with disabilities. The problem of disability in Ukraine is becoming particularly acute. The goal of this article is to investigate the system of economic means of state administration of the rights of people with disabilities to healthcare, to identify the areas of budgetary management and the formation of a new mechanism of economic administration. Scientific analysis was carried out by using the method of systematic approach and analysis, which enabled us to study theoretical aspects of economic methods of state administration of the right of people with disabilities to healthcare, formation of the budget management in Ukraine for the economic security of the rights to healthcare, and features of the new mechanism of the economic administration of the right of people with disabilities to health care. It has been researched that along with administrative methods of state management of the right to health protection of people with disabilities the economic group of methods is important. These include programs of economic development of health care, rehabilitation programs for people with disabilities, implementation of pilot projects to change the mechanism of financial support for operative treatment, etc. Methods of regulating influence (indirect management) are becoming increasingly important, and economical methods of management belong to them. Implementation ensures that the financial and material interests of the management objects are satisfied through the activities of its subjects, which create favorable conditions for achieving the goals and objectives of management. For example, local self-government bodies, within the limits of their competence, can finance local programs for the development and support of community healthcare institutions. In 2019, a new mechanism of rehabilitation support for children with disabilities was introduced based on the principle of "money follows the people", which should ensure targeting, transparency and improve the quality of rehabilitation services. Resources are divided vertically among regional bodies, which divide budgetary funds among local bodies in proportion to the number of children who require rehabilitation measures, according to the place of their residence (location). The national legislation also reflects the norms that created the conditions for the implementation of the right to work of people with disabilities, as well as ratified Convention on the Rights of Persons with Disabilities and the ILO Convention on professional rehabilitation. From the point of view of the Ministry of Healthcare of Ukraine, the funds allocated by the state are extremely insufficient for the uninterrupted functioning of the medical system. In its budget memorandum for 2021 the ministry has allocated twice as much – 296 billion UAH, 225 billion UAH of which for the implementation of the medical guarantee program (which is 5% of GDP, as required by the Law of Ukraine "On State Financial Guarantees of Medical Services to Population"). But the proposals of the Ministry of Health both at the time of formation of the state budget and at the time of its approval were not taken into account. The requirement of the Law of Ukraine "On State Financial Guarantees of Medical Services to the Population" for the establishment of financing of the program of medical guarantees at the level of 5% of GDP was lengthened for one more year.
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Radu, Roxana, et Cedric Amon. « The governance of 5G infrastructure : between path dependency and risk-based approaches ». Journal of Cybersecurity 7, no 1 (1 janvier 2021). http://dx.doi.org/10.1093/cybsec/tyab017.
Texte intégralRésumé :
Abstract The fifth generation (5G) wireless technology promises a powerful, reliable and fast infrastructure to match artificial intelligence and Internet of Things developments. But its rollout has stirred strong political tensions around the prominent role that Chinese providers might be allowed to play in building the new networks. Between 2018 and 2020, a few countries have banned—partially or totally—the use of networking equipment produced by Huawei and ZTE, while others have mandated technical and security reviews to mitigate the risks associated with Chinese-origin components in the national 5G infrastructure. This article provides a thematic analysis of the security arguments and policy options emerging in the early days of the 5G debates. Based on key high-level statements, parliamentary debates and legislative acts published from mid-2018 to 2020, we examine perceived risks and threats surfacing in the public discourse, as well as the main regulatory directions emerging in seven countries. Our analysis shows policy alignment across multilateral commitments such as the European Union (EU) or the Five Eyes intelligence alliance. While selected EU member states lean towards risk-based governance and adaptive policies, Five Eyes nations opt for pre-emptive bans of 5G Chinese vendors, revealing path-dependent strategies for the sector. We conclude by discussing the policy reversal experienced by the UK in 2020 and the consolidation of new governance approaches for 5G infrastructure.
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CHAYKOVSKYY, Yuriy, et Roman KHARYTONOV. « Formation of the Migration Policy of the European Union and its Relationship with Security Policy ». University Scientific Notes, 30 décembre 2021, 138–51. http://dx.doi.org/10.37491/unz.84.12.
Texte intégralRésumé :
The problem of international migration, especially illegal migration, is a much politicized problem in most EU member states. Countries such as Italy, France or Spain have a strong interest in reducing the influx of illegal workers into national labour markets. This anti-immigration pressure has a profound effect on the EU’s common migration policy. Immigration has become a real challenge for the countries of the European Union. Some member states, unable to cope with the problem of assimilation and integration of their immigrants, have become hostages of populist slogans in the fight against illegal migration and crime. Under the threat of an increase in the number of migrants in the EU, the question of the impossibility of gradual integration is becoming increasingly apparent. Ukraine has declared its membership in the European Union as its normative goal. In the course of strengthening Ukraine’s cooperation with the EU and Ukraine’s integration into the European community, the stability of migration legislation is necessary. Therefore, based on the experience of the European Union, Ukraine must create and implement its own legal norms and principles of the domestic legal system in accordance with the standards and principles of European law. The aim of the article is to present the evolution of European migration management policy. The article shows that migration has been inextricably linked to security issues since the beginning of European integration. However, such policies do not take into account important demographic challenges for the EU economy, especially the problem of population aging. The historical preconditions of the legal regulation of migration processes in the law of the European Union are considered, the analysis of normative documents of the EU law and in this sphere is carried out. It is concluded that the existence of a sufficiently extensive system of protection of migrants’ rights in the EU and determining their status does not guarantee a solution to the problems of such persons. Overcoming migration crises is a matter of joint efforts of the entire international community. Solving the problems of migrants must depend on the coordination of the political will of states.
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« The Process of Health Legislation Reform in the Republic of Slovenia ». European Journal of Health Law 7, no 1 (2000) : 73–84. http://dx.doi.org/10.1163/15718090020523061.
Texte intégralRésumé :
AbstractSlovenia was among the first European countries to introduce laws and regulations in the social security field, including public health. The current health legislation is the culmination of a century-long development of the health care system through different periods and diverse political and economic conditions affecting the region. The present organization of the health care system reflects the pattern of partnership which already existed in the former Yugoslavia. The ultimate goal of all countries is to implement health care activities within a system ensuring active participation and partnership of citizens who are universally covered by a public health insurance scheme, health legislators and providers of health services. Slovenia has therefore not been confronted with any major difficulties in implementing health care system reforms. By amending and modifying its health legislation Slovenia will build upon its good points, improve clarity and integrate certain approaches important for the functioning of its health care system in the European Union when Slovenia becomes a full member. Changes are directed towards:strengthening inter-sectoral cooperation and health and safety at work;creating environments supporting a healthy life style and emphasizing personal responsibility for one's own health;— maintaining a unified public health insurance scheme and sufficient financing through employer and employee contributions;— introducing voluntary health insurance;— developing in a controlled way an efficient and effective private medical practice;— strengthening of management in public health institutions and increasing staff's responsibility for business success.— implementing quality improvement systems.