scholarly journals Electronic Cases as An Element of the Administrative Procedure in The Provision of Administrative Services

2021 ◽  
Vol 100 ◽  
pp. 03004
Author(s):  
Oleg Dubinskiy ◽  
Olena Lomakina ◽  
Oleksandr Sikorskyi ◽  
Azamat Kudaibergenov
Keyword(s):  
European Union ◽  
Legal Regulation ◽  
International Experience ◽  
Regulatory Framework ◽  
The European Union ◽  
Administrative Services ◽  
Administrative Procedure ◽  
Current State

The article is devoted to the study of the current state of legal regulation of the institute of electronic case as an element of administrative procedure in Ukraine and the practice of its implementation on the example of the procedure for providing administrative services through the Centers of administrative services. The main problems of the institute and possible ways to solve them are considered, as well as prospects for the development of administrative procedure, based on international experience and regulatory framework of states, including - members of the European Union in the study area.

scholarly journals DEVELOPMENT OF THE DIGITAL ECONOMY IN EU: NEW REGULATIONS AND PERSPECTIVES

2020 ◽  
Author(s):  
Emil Radev ◽  
Keyword(s):  
European Union ◽  
European Parliament ◽  
Legal Regulation ◽  
Digital Economy ◽  
Regulatory Framework ◽  
The European Union ◽  
Current State ◽  
Digital Services

The report presents the development of the digital economy in the European Union in the context of its current state and development tendencies. The accent is put on the new regulations and perspectives, which it faces, and the need for legal regulation adequate to the ongoing processes. The main guidelines in which the European Parliament makes its recommendations for development and establishment of a common regulatory framework through the new provisions of the Digital Services Legislation are outlined. Based on the research, summaries and conclusions are made.

scholarly journals . Current issues of legal education reform in Ukraine.

2021 ◽  
Vol 3 (3) ◽  
pp. 348-353
Author(s):  
Oleksandra Skok
Keyword(s):  
European Union ◽  
Education Reform ◽  
Legal Education ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
Educational Process ◽  
Ministry Of Education ◽  
The European Union ◽  
Education Development ◽  
European Standards

This article is aimed at studying issues related to the reform of legal education in Ukraine, taking into account the legal regulation of this area of state activity. Since 2004, since the adoption of the national program of adaptation of Ukrainian legislation to the legislation of the European Union, a process has begun to bring the provisions of national legislation into European standards in order for Ukraine to meet the third Copenhagen and Madrid criteria for membership in the European Union. One of the areas of implementation of this Program is legal reform in Ukraine, which affects the formation of common approaches to creating a regulatory framework for training qualified professionals and creating appropriate conditions for the institutional, scientific and educational process of adaptation of Ukrainian legislation. In addition, the ways of implementing the National Strategy for the Development of Education in Ukraine until 2021 and the National Doctrine of Education Development need special attention. Many domestic scholars have paid attention to the issue of legal education reform in different years. However, this area is becoming increasingly important due to the development of society as a whole and the growing demand for the legal profession, which is reflected in quantitative indicators. Thus, according to the Ministry of Education and Science of Ukraine, in 2021, in the ranking of specialties by the number of applications, the specialty «Law» takes second place. In 2021, 68,124 applications were submitted for this specialty. As a result of the study, the problematic issues related to bringing the regulatory framework to a single model, which must meet both European standards and the Constitution of Ukraine, were identified. Given the demand for legal education, both in Ukraine and abroad, its regulation should be paid attention in the first place.

scholarly journals Services Provided by Public Authorities: Features of Legal Regulation in Ukraine and the European Union

2020 ◽  
Vol 9 (31) ◽  
pp. 44-51
Author(s):  
Ihor Volodymyrovych Klymenko ◽  
Dmytro Volodymyrovych Shvets ◽  
Oleh Tsyhanov ◽  
Liudmyla Hennadiivna Mohilevska
Keyword(s):  
European Union ◽  
Public Service ◽  
Public Services ◽  
Legal Regulation ◽  
The European Union ◽  
Public Authorities ◽  
Administrative Services ◽  
Service Activities ◽  
The Impact ◽  
The Eu

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

scholarly journals Legal Aspects of Export Control over the Movement of Arms and Military and Dual-Use Products in the European Union: Current State and Problematic Issues

2021 ◽  
Vol 16 (7) ◽  
pp. 168-178
Author(s):  
V. Yu. Slepak ◽  
M. E. Romanova
Keyword(s):  
European Union ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Export Control ◽  
The European Union ◽  
Dual Use ◽  
Legal Provisions ◽  
Current State ◽  
The Status ◽  
Characteristic Features

The paper explores the issues of export control, their regulation in the law of the European Union; considerable attention is given to differences in the status of military and dual-use goods. Approaches to the harmonization of export of weapons regulation, as well as to the unification of legal provisions on the export of dual-use goods are considered. An analysis of acts of primary and secondary law governing both the movement of military and dual-use goods within the European Union and their export to third countries is carried out. The authors conclude that the European legislator uses similar mechanisms, which allows us to speak about the formation of a unified model of legal regulation in the areas under consideration. Particular attention is given to the procedure for obtaining licenses and permits within the framework of export control to the EU. The paper scrutinizes the characteristic features of customs declaration for military and dual-use goods export, and specifically analyses the procedure and grounds for the suspension of the release of such goods. The paper also discusses the features of checking permits and licenses when exporting military and dual-use goods.

scholarly journals Legislativní regulace sdílené ekonomiky a její odraz ve vnímání občanů České republiky

2021 ◽  
Vol 22 (2) ◽  
Author(s):  
Martina Jelínková ◽  
Keyword(s):  
European Union ◽  
Czech Republic ◽  
Legal Regulation ◽  
Sharing Economy ◽  
Public Confidence ◽  
The European Union ◽  
Primary Research ◽  
The Czech Republic ◽  
The Public ◽  
Current State

The article deals with the issue of choosing an appropriate degree of regulation of the sharing economy and its impact on public opinion. Arguments for and against the legislative regulation of sharing are discussed, both in terms of foreign experience and the situation within the Czech Republic in relation to the rules of the European Union. Results of the primary research are presented, the aim of which was to find out how the current state of legal regulation of the sharing economy in the Czech Republic is reflected in the perception of the Czech public. The results of the research clearly show that the public perceives the current legal regulation of the sharing economy as insufficient, which undermines public confidence in it. URL: https://vsas.fvs.upjs.sk/

Euratom and Brexit: Could the United Kingdom Maintain One Foot in the European Union? Current Scenarios and Future Prospects of British withdrawal from the EAEC

2018 ◽  
Vol 18 (2) ◽  
pp. 134-151
Author(s):  
Andrea Circolo ◽  
Ondrej Hamuľák
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Independent Solution ◽  
Legal Regulation ◽  
The European Union ◽  
The United Kingdom ◽  
The Status ◽  
Long Time ◽  
Energy Community ◽  
The Impact

Abstract The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The ques­tion of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adop­tion of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was intro­duced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Energy Community. The presented paper offers an analysis of different variations of the interpretation and solution of the problem. It´s based on the independent solution thesis and therefore rejects an automa­tism approach. The paper and topic is important and original especially because in the multitude of scholarly writings devoted to Brexit questions, vast majority of them deals with institutional questions, the interpretation of Art. 50 of Treaty on European Union; the constitutional matters at national UK level; future relation between EU and UK and political bargaining behind such as all that. The question of impact on withdrawal on Euratom membership is somehow underrepresented. Present paper attempts to fill this gap and accelerate the scholarly debate on this matter globally, because all consequences of Brexit already have and will definitely give rise to more world-wide effects.

REGULATORY AND LEGAL SUPPORT OF INFORMATION SECURITY IN UKRAINE

2017 ◽  
Author(s):  
Oleksandr Malashko ◽  
◽  
Serhii Yesimov ◽  
Keyword(s):  
European Union ◽  
Information Security ◽  
National Security ◽  
Legal Regulation ◽  
The European Union ◽  
Basic Principles ◽  
Association Agreement ◽  
Legal Information ◽  
Current Information ◽  
Initial Stage

The article examines trends in the development of legal regulation of information security in Ukraine in the context of the implementation of the Association Agreement between Ukraine and the European Union. The current information legislation and regulations on information security are analyzed. The tendencies in the legal regulation of information security that took place at the initial stage of the formation of information legislation are revealed. Based on the factors that took place before the adoption of the Doctrine of information security of Ukraine, the laws of Ukraine “On the basic principles of ensuring the cybersecurity of Ukraine”, “On the national security of Ukraine”, in the context of the current legislation, based on the methodology of legal forecasting, it is concluded that in the future the development of normative legal information security will be developed on the basis of by-laws, mainly at the departmental level.

scholarly journals Assessing the Level of Renewable Energy Development in the European Union Member States. A 10-Year Perspective

Energies ◽  
2021 ◽  
Vol 14 (13) ◽  
pp. 3765
Author(s):  
Jarosław Brodny ◽  
Magdalena Tutak ◽  
Peter Bindzár
Keyword(s):  
European Union ◽  
Economic Development ◽  
Renewable Energy ◽  
Energy Development ◽  
The State ◽  
The European Union ◽  
Member States ◽  
Current State ◽  
Renewable Energy Development ◽  
European Union Countries

The global economic development is, to a great extent, dependent on access to large amounts of cheap energy sources. The growing social awareness of ecology and the enormous damage to the Earth’s ecosystem due to the production of energy from conventional sources have forced fundamental changes in the energy sector. Renewable energy is considered to be an opportunity for such changes. The current state of the art allows such changes to be made without restricting economic development. Therefore, activities related to the energy transition are being taken all over the world. The European Union has definitely managed to achieve the most tangible effects in this regard. This article presents the findings of the research aimed at presenting the current state of renewable energy in the European Union and analyzing the changes reported in this sector in the last decade. The research was carried out using a selected set of 11 indicators characterizing renewable energy in individual countries. These indicators were selected on the basis of literature review and own studies of the state of renewable energy and its development prospects. Based on these indicators, changes in the energy structure of individual European Union countries between 2008–2018 were determined. The study is divided into two main stages. The principal components analysis (PCA) was used for the first analysis. In turn, the Technique for Order Preference by Similarity to Ideal Solution (TOPSIS) was adopted to assess the level of renewable energy development in the European Union countries. Both these methods and the extended statistical analysis were applied to determine the state of renewable energy development in the European Union countries in the studied period and to divide the Member States into classes with different levels of development. The results of the study showed that the EU countries are characterized by significant differences in the development of RES during the period in question. The unquestionable leaders in this respect are Sweden, Austria, Finland, and Latvia. Based on the findings, it is possible to evaluate the effects of activities related to renewable energy development and to prepare assumptions for future activities. Additionally, both the research and its findings broaden the knowledge of the directions of renewable energy development in individual European Union countries. This is particularly important in the context of changes related to the need to reduce harmful substance emissions and the implementation of the European Green Deal idea.

La incidencia de la Ley del Procedimiento Administrativo Común de las Administraciones Públicas sobre la potestad normativa local

2017 ◽  
pp. 87-141
Author(s):  
Lucía CASADO CASADO
Keyword(s):  
European Union ◽  
Primary Objective ◽  
The European Union ◽  
The Public ◽  
Administrative Procedure ◽  
Legislative Initiative ◽  
The Law ◽  
Regulatory Evaluation ◽  
Regulatory Powers ◽  
Laws And Regulations

LABURPENA: Ekonomiako Lankidetza eta Garapenerako Erakundeak eta Europar Batasunak bultzatutako erregulazioa hobetzeko politika gero eta gehiago garatu da Espainian eta 2015ean bultzada esanguratsua jaso du, urriaren 1eko 39/2015 Legea, Herri Administrazioen Administrazio Prozedura Erkideari buruzkoa, onartuta. Lege horrek titulu berria dakar —VI.a— legegintza-ekinbidea eta erregelamenduak eta bestelako xedapenak emateko ahalmena arautzeko. Bertan, legegintza-ekinbidea eta lege mailako arauak egiteko ahala erabiltzeari, erregelamenduak egiteko ahala erabiltzeari, erregulazio onaren printzipioei, araudiaren ebaluazioari, arauen publizitateari, arauen plangintzari eta herritarrek lege mailako arauak eta erregelamenduak egiteko prozeduran parte hartzeari buruzko xedapen batzuk jasotzen dira. Lan horrek arlo horretan 39/2015 Legeak sartutako berritasunak aztertzen ditu, tokiko ikuspegitik, haren xedapenak administrazio publiko guztiei eta, beraz, toki-administrazioei ere, aplikatzen baitzaizkie. Helburu nagusia Legeak tokiko arauak egiteko ahalean daukan eragina aztertzea eta, ondorioz, arlo horretan tokiko eremuan sartzen diren berritasun nagusiak zehaztea da, haren aplikazioak ekar ditzakeen erronka, arazo eta zalantza batzuk ikusteko eta balizko irtenbideak emateko. RESUMEN: La política de mejora de la regulación, impulsada por la Organización para la Cooperación y el Desarrollo Económico y por la Unión Europea, se ha desarrollado en España de forma reciente y ha recibido un impulso significativo en 2015, con la aprobación de la Ley 39/2015, de 1 de octubre, del procedimiento administrativo común de las administraciones públicas. Esta Ley incluye un nuevo Título —el VI—, destinado a regular la iniciativa legislativa y la potestad para dictar reglamentos y otras disposiciones. En él se recogen algunas previsiones sobre el ejercicio de la iniciativa legislativa y la potestad para dictar normas con rango de ley, el ejercicio de la potestad reglamentaria, los principios de buena regulación, la evaluación normativa, la publicidad de las normas, la planificación normativa y la participación de los ciudadanos en el procedimiento de elaboración de normas con rango de ley y reglamentos. Este trabajo se centra en el análisis de las novedades incorporadas en esta materia por la citada Ley 39/2015 desde una perspectiva local, dada la aplicación de sus previsiones a todas las administraciones públicas y, por consiguiente, también a las administraciones locales. El objetivo primordial es analizar la incidencia de esta Ley sobre la potestad normativa local y, en consecuencia, determinar las principales novedades que se incorporan en esta materia en el ámbito local, con el fin de apuntar algunos retos, problemas e incertidumbres que su aplicación puede suscitar y aportar posibles soluciones. ABSTRACT: Policies to improve regulation promoted by the Organisation for Economic Co-operation and Development and the European Union have recently been applied in Spain and in 2015 received a significant boost with the passing of Law 39/2015, of 1 October, on common administrative procedure for the public administrations. This Law includes a new Section (VI) which regulates legislative initiative and the power to create regulations and other provisions. The law contains provisions regarding the execution of legislative initiative and the power to create regulations with the force of laws, the exercising of regulatory power, the principles of good regulation, regulatory evaluation, regulatory publicity, regulatory planning and the participation of citizens in the process of creating legislation with the force of laws and regulations. The present study analyses the changes made to local regulatory powers by the aforementioned Law 39/2015, given that its provisions are applicable to all public administrations and, therefore, also to the local administrations. The primary objective is to analyse the effect of this Law on local regulatory powers and, therefore, to determine the principle new changes that have been made to local regulatory powers, with the aim of identifying the challenges, problems and uncertainties that may arise through the application of the Law and to propose possible solutions.

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