scholarly journals National regulatory authorities in the energy sector of Ukraine: problems of the legal status in the context of the European integration and the administrative reform

Jurisprudence ◽  
2013 ◽  
Vol 20 (3) ◽  
pp. 1231-1248
Author(s):  
Yuliya Vashchenko
Keyword(s):  
European Integration ◽  
Legal Status ◽  
Energy Sector ◽  
Administrative Reform ◽  
Regulatory Authorities

The Legal Status of the Energy Regulator in Ukraine in the Context of Recent Legislative Changes and European Integration

2017 ◽  
Vol 71 (0) ◽  
pp. 0-0
Author(s):  
Yuliya Vashchenko
Keyword(s):  
Legal Status ◽  
Legal Framework ◽  
Energy Sector ◽  
Public Authorities ◽  
Association Agreement ◽  
Eu Legislation ◽  
Regulatory Authorities ◽  
Energy Community ◽  
Regulatory Commission ◽  
The Eu

The energy sector is a strategic industry of each state. Energy industry is one of the most important regulated fields at the EU level and a crucial direction of cooperation between the EU and Ukraine. EU legislation, primarily directives and regulations from the Third Energy Package, prescribe requirements in respect of the legal status of national regulatory authorities in the fields of energy and natural gas. Ukraine, as a full-fledged member of the Energy Community, as well as in line with the EU‒Ukraine Association Agreement, shall institute laws and regulations necessary for the implementation of those requirements. In particular, EU legislation stipulates requirements with regard to the independence of national regulatory authorities from other state authorities during the exercise of their regulatory powers. In recent years, Ukrainian public authorities have undertaken steps to develop and approve a legal framework in order to implement the requirements of EU energy legislation, in particular those related to the legal status of national regulatory authorities. The approval of the Law of Ukraine on the National Energy and Communal Services Regulatory Commission in 2016 was one of the critical achievements in this direction. However, the new Law has not solved the problem of the constitutional legal status of the energy regulator. The Constitution of Ukraine’s provisions specifying the powers of the President of Ukraine and the Verkhovna Rada of Ukraine as against permanent independent regulatory authorities (e.g., pertaining to the establishment, appointment and dismissal of members, accountability) shall be amended in order to bolster the principle of independence of national regulatory authorities in the energy sector as prescribed by EU legislation.

scholarly journals Legal Status and Overview of World Trade Organization Disputes Involving Subsidies in the Renewable Energy Sector

2017 ◽  
Vol 3 (9) ◽  
pp. 7-18
Author(s):  
Giga Abuseridze
Keyword(s):  
Renewable Energy ◽  
World Trade Organization ◽  
World Trade ◽  
Legal Status ◽  
World Trade Organisation ◽  
Energy Sector ◽  
Energy Resources ◽  
Renewable Energy Resources ◽  
Unanimous Opinion ◽  
The World

The young law scientist from Georgia Giga Abuseridze has collected the information about subsidies in the renewable energy sector, their legal status and disagreements on the matter with the World Trade Organisation. As known, Latvia also does not possess unanimous opinion about the renewable energy resources. Jaunais tiesību zinātnieks no Gruzijas Giga Abuseridze ir apkopojis informāciju par subsīdijām atjaunojamās enerģijas nozarē, to juridisko statusu un domstarpībām šajā jautājumā ar Pasaules Tirdzniecības organizāciju. Kā zināms, arī Latvijā nav vienota viedokļa par atjaunojamiem energoresursiem.

scholarly journals Equal treatment in agreements concluded between European Union and third countries

Ratio Juris ◽  
2020 ◽  
Vol 15 (30) ◽  
Author(s):  
Dimitris Liakopoulos
Keyword(s):  
European Union ◽  
European Integration ◽  
Legal Status ◽  
International Politics ◽  
Equal Treatment ◽  
The European Union ◽  
Economic Activities ◽  
Member States ◽  
Family Ties ◽  
Court Of Justice

The purpose of this work is to bring the legal status of third-country citizens closer to that of member states, as a different special regime according to the relative agreements concluded for certain categories of foreigners without disregarding the value of some elements of fact, such as residence, family ties, performance of specific economic activities or interests of international politics for respect of these obligations, with the not always uniform content that the union evidently had to entrust to member states a union of intent through “supervision" as well as the interpretation carried out by The Court of Justice of the European Union (CJEU) which has strongly reduced state's competences aiming at a European integration still in progress and especially after Brexit.

Europäisierung der Regulierungsbehörden im Energiesektor im Vergleich

2019 ◽  
Vol 52 (2) ◽  
pp. 203-238
Author(s):  
Johannes Socher
Keyword(s):  
Decisive Role ◽  
The United States ◽  
Energy Sector ◽  
Democratic Legitimacy ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Regulatory Authorities ◽  
Administrative Culture ◽  
Eu Directives

With Britain’s decision to leave the European Union, the question of the lasting legacy of a specific English administrative culture in the remaining member states arises. Although often treated as an import from the United States, this article argues that the British model of independent regulatory authorities is one of the most formative contributions to a common European administrative culture, forcing other EU member states to rethink fundamental ideas of democratic legitimacy. Taking national regulatory authorities in the energy sector as an example, this contribution shows how British approaches towards organisation and independence of these authorities played a decisive role in the drafting of the relevant EU directives. Consequently, only few changes in UK national legislation where necessary to comply, while in Germany major reforms were due, being the only member state in which no regulatory authority existed in the energy sector prior to the implementation of the EU directives. The analysis of these European requirements, the British influence on them, and the different ways of their implementation in the United Kingdom and Germany are the subject of this article.

scholarly journals MODEL KOLABORASI PEMERINTAH DAERAH DENGAN PERUSAHAAN LISTRIK NEGARA DAN PEMBANGKIT LISTRIK TENAGA BIOGAS DALAM MEMANFAATKAN ENERGI BARU TERBARUKAN

2020 ◽  
Vol 3 (1) ◽  
pp. 1-13
Author(s):  
Achmad ◽  
Aries Djaenuri ◽  
Tjahya Supriyatna ◽  
Muchlis Hamdi
Keyword(s):  
Renewable Energy ◽  
Power Plant ◽  
Data Collection ◽  
Legal Status ◽  
Energy Sector ◽  
Qualitative Approach ◽  
The State ◽  
Regional Government ◽  
Provincial Level ◽  
Potential Collaboration

This research aims to analyze the collaboration policy of the Regional Government with the State Electricity Company and Biogas Power Plant in utilizing renewable energy. This research was conducted in Rantau Sakti Village, North Tambusai District, Rokan Hulu Regency, Riau Province using a qualitative approach. Data collection techniques used in this study in the form of interviews, observation and documentation studies. The results of the study found that the collaboration of the Regional Government with the State Electricity Company and the Biogas Power Plant in utilizing new and renewable energy is basically not yet created and formed intactly and comprehensively because based on the facts only indicates that there is a potential collaboration of the Regional Government with the State Electricity Company and Biogas Power Plant. If the Biogas Power Plant already has legality and clarity on the legal status and its management as a result of a change in the Regional Government Law which causes the authority in the energy sector to be drawn to the provincial level, the Regional Government of Rokan Hulu Regency loses management rights over the Power Plant Biogas.

scholarly journals Administrative and legal support of the activity of customs entities in Ukraine

2020 ◽  
pp. 82-87
Author(s):  
V.O. Timashov ◽  
O.V. Mykhed
Keyword(s):  
Historical Development ◽  
Legal Status ◽  
Administrative Reform ◽  
The State ◽  
National Legislation ◽  
Educational Literature ◽  
Legitimate Interests ◽  
Legislative Changes ◽  
Definition Of

This article deals with the issue of administrative and legal support of the activity of customs entities in Ukraine. The views of scientists who have this issue have been researched and analyzed. The definition of customs business is determined in accordance with the norms of the Customs Code of Ukraine. Changes in customs legislation were also noticed. Accordingly, the concept of customs legal relations was formed. The historical development of the customs in Ukraine is investigated. Find out the names of the State Customs Service: 1991-1996 - State Customs Committee of Ukraine, 1996- 2012 - State Customs Service, 2012-2014 - Ministry of Revenue and Duties, 2014-2019 - State fiscal service, 2019 and until now - the State Customs Service. Attention was also payed to the changes in customs legislation that have occurred as a result of the reform of this field. The main legislative changes have been determined in accordance with the draft Law "On Amendments to the Customs Code of Ukraine and some other laws of Ukraine in connection with the administrative reform". On the basis of the researched norms of the current national legislation, its drawbacks regarding the administrative and legal support of the State Customs Service in Ukraine have been identified. Scientists' views on the classification of subjects of customs relations have been investigated. The essence and content of the administrative legal status of the subjects of customs relations are determined. Find out that in the scientific and educational literature is very common to find different concepts that characterize directly the participant of customs relations. Also, not less important, was the definition of customs entities according to the views of scientists on this issue. Therefore, customs entities are customs authorities and individuals and legal entities under their control who cross the customs border and move vehicles and goods through it, and carry out activities for the purpose of realizing rights, duties and legitimate interests in the field of public customs, while having certain rights and responsibilities.

scholarly journals CENTRAL BANKS DIGITAL CURRENCIES AND PROSPECTS FOR THE UKRAINIAN ECONOMY

2021 ◽  
Vol 6 (2) ◽  
pp. 73-78
Author(s):  
Viktor Boiko
Keyword(s):  
United Arab Emirates ◽  
Legal Status ◽  
Service Providers ◽  
Personal Data ◽  
Digital Signatures ◽  
Central Banks ◽  
Payment System ◽  
Liquid Form ◽  
Regulatory Authorities ◽  
Cultural Component

The article is devoted to the study of the main directions of research on the introduction of digital money of the world's leading central banks. The paper analyze the experience of the central banks of Saudi Arabia and the United Arab Emirates in implementing a single digital dual-issue currency and cross-border payment system (Aber project). Also we found the Helvetia project, a joint experiment of the BIS Innovation Hub, SIX Group AG and the Swiss National Bank. The project provided issuance of a new wholesale digital currency by the central bank and can be classified as a private permissioned peer-to-peer network with hierarchical access to the ledger. Interesting for our study was the experience of creating a CBDC in Uruguay (E-Peso), where CBDC have been issued in form of unique digital banknotes of several denominations. The article considers the main prospects for the implementation of CBDC in Ukraine. The paper studies the use and legal status of electronic digital signatures in Ukraine. Today, only reporting to regulatory authorities and document flow between users is carried out using electronic digital signatures. CBDC and blockchain network can provide secure storage of information by data centers of regulatory authorities and a common operational space in the financial information channels. The blockchain network should be token-based, and service providers could use an account-based retail payment system. The article defines the main characteristics of token-based and account-based distributed ledgers. Attention is also paid to the anonymity of transactions in payment systems, protection of personal data and the cultural component of cash circulation. Most likely the introduction of CBDC will reduce the total amount of bank financing and banks need to consider how to respond to potential loss of deposit funding. The most likely changes associated with CBDC is the redistribution of profits that banks receive from cheap liabilities in favor of customers. This applies to the owners of operating accounts, on which banks usually charge symbolic interest and which users keep in a liquid form for making payments.

scholarly journals The modern concept of judicial protection of intellectual property rights

2019 ◽  
pp. 31-35
Author(s):  
Yurii BEDRATYI
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
European Integration ◽  
Intellectual Property Rights ◽  
Legal Status ◽  
Modern Concept ◽  
High Court ◽  
Intellectual Property Rights Protection ◽  
Property Rights Protection ◽  
Judicial Protection

Introduction. The European integration vector of Ukraine's development has significantly increased the requirements for the quality of legal and regulatory support for the effective protection of human rights, which is one of the main conditions for integration into the European political, legal, economic and cultural space. The analysis of existing works shows that the attention of the scientific community to the judicial protection of intellectual property rights has intensified in connection with the creation of the Supreme Court of Intellectual Property in 2017. However, as of 2019, the court is still in the process of forming a judicial corps. In view of this, it seems appropriate to summarize existing developments in the relevant field. The purpose of the paper is to summarize the conceptual foundations of judicial protection of intellectual property rights. Results. The article presents the results of research into the modern concept of judicial protection of intellectual property rights. Emphasis is placed on the availability of research-related work performed in different jurisdictions. It is emphasized that the bulk of studies on intellectual property rights and certain aspects of their judicial protection are concentrated in the field of civil law, but equally important are studies of economic, criminal and administrative nature. It is noted that the cross-sectoral nature of the institute of intellectual property rights has affected the development of an interdisciplinary judicial and legal approach to solving problems of securing these rights. The importance of scientific understanding of the legal status of the High Court on Intellectual Property is emphasized. The importance of taking into account the European experience of judicial protection of intellectual property rights in the context of the processes of European integration of Ukraine is emphasized. Conclusion. The trends identified are as follows. First, intellectual property rights research is carried out at both general and sectoral levels. Secondly, an important area of development of theoretical and methodological support for the judicial protection of intellectual property rights is the study of the legal status, peculiarities of formation and future functioning of the High Court on intellectual property issues. Thirdly, it is of utmost importance to the factors that enhance the effectiveness of intellectual property rights protection in the context of Ukraine's European integration aspirations.

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