scholarly journals Environmental Liability in Ukraine and the EU

2019 ◽  
Vol 8 (2) ◽  
pp. 261 ◽  
Author(s):  
Viktor Ladychenko ◽  
Olena Yara ◽  
Olena Uliutina ◽  
Liudmyla Golovko

This scholarly work examines the environmental protection legislation of Ukraine and its application in practice, aiming to identify the main challenges it faces in the context of the required harmonization of Ukrainian environmental legislation with EU law according to the Association Agreement, while also making suggestions on how to better respond to these issues. This paper also refers to the experience of EU member states in the field of environmental liability. Legal nature, content and meaning of the criminal liability of legal persons in the environmental sphere according to the law of EU member states were studied in order to determine the appropriateness and mechanism of implementation of such responsibility in Ukraine. Arguments for establishment of criminal liability of legal persons were presented. Keywords: Environmental policy, environmental crime, environmental responsibility, adaptation of Ukrainian environmental legislation to EU standards.

2014 ◽  
Vol 4 (2) ◽  
pp. 134-149
Author(s):  
Tatyana Muravska ◽  
Alexandre Berlin

Abstract The European Union (EU) signed Association Agreements on 27 June 2014 with Georgia, the Republic of Moldova, and Ukraine. The Association Agreement (AA) is the EU’s main instrument to bring the countries in the Eastern Partnership (EaP) closer to EU standards and norms. For the citizens of the EaP countries to benefit from these agreements, a more in-depth knowledge of the EU and the EU Member States is required to be reflected in a comparative approach to European Union studies. We examine these implications on the need to expand and adapt, the content and approach to research and teaching European Union studies, with the transdisciplinary approach becoming increasingly dominant, becoming a modern tool for research in social sciences. This contribution aims to offer insight into the implementation of transdisciplinarity in the methodology of education and research as it is determined by current increasing global challenges. This approach should serve as a means of integrating a number of main goals as part of learning, teaching and research processes: strengthening employability of young people and preparing them for citizenship. We discuss the need for modernizing European studies in the EU Member States that could serve as an example for the EU Eastern Partnership countries. We conclude that the theoretical approach to European and related studies of other disciplines and their practical implications should always be transdisciplinary in nature and benefit from direct in-situ exposure and should be fully integrated in university curricula


2016 ◽  
pp. 122-131
Author(s):  
A. Martynov

The article considers the two vectors of the European integration process: closer integration among the EU member states and regionalization of the EU countries according to the criteria of close neighbourhood or deep cooperation. The author traces  development trends of regional cooperation of the EU member states at different stages of development of international relations i.e. the impact of the EU enlargement on regionalization process, competition and confrontation with Russia, the  complications in the field of European integration due to the negative outcome of the Dutch referendum on  ratification of the Association Agreement between the EU and Ukraine, as well as the British referendum on withdrawal from the EU. It is stressed that  the interregional cooperation  is particularly important at this critical stage  of European integration.


2021 ◽  
Vol 25 (2) ◽  
pp. 153-169
Author(s):  
Guranda Chelidze ◽  
◽  
Elisabed Machitidze ◽  

This paper depicts the dynamics of the EU-Turkey relations beginning from the signing of the association agreement, i.e. the Ankara contract, to date. In addition, it aims to specify the factors preventing the bilateral collaboration and achievement of EU membership as aspired to by Ankara. The paper focuses on both the internal and international problems arising on Turkey’s path to EU membership, namely, the westernisation trend originating from Kemal Ataturk times, recent developments in Turkey, the democratisation of political institutions, the rule of law and protection of human rights, regional security, Turkey’s part in the refugee crisis, visafree travel, Greek-Turkey relationships, Ankara’s stance towards Cyprus, the Kurdish problem, and the Turkey-US and Turkey-Russia relationships. The authors discuss the EU Member States’ attitude towards the political and socio-economic developments in Turkey and the way Ankara looks at the requirements put forward by those Member States. We suggest several methods of rapprochement and brighter bilateral prospects.


Author(s):  
A. J. de Jong ◽  
B. van Loenen ◽  
J. A. Zevenbergen

The EU Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data aims at harmonising data protection legislation in the European Union. This should promote the free flow of products and services within the EU. This research found a wide variety of interpretations of the application of data protection legislation to geographic data. The variety was found among the different EU Member States, the different stakeholders and the different types of geographic data. In the Netherlands, the Data Protection Authority (DPA) states that panoramic images of streets are considered personal data. While Dutch case law judges that the data protection legislation does not apply if certain features are blurred and no link to an address is provided. The topographic datasets studied in the case studies do not contain personal data, according to the Dutch DPA, while the German DPA and the Belgian DPA judge that topographic maps of a large scale can contain personal data, and impose conditions on the processing of topographic maps. The UK DPA does consider this data outside of the scope of legal definition of personal data. The patchwork of differences in data protection legislation can be harmonised by using a traffic light model. This model focuses on the context in which the processing of the data takes place and has four categories of data: (1) sensitive personal data, (2) personal data, (3), data that can possibly lead to identification, and (4) non-personal data. For some geographic data, for example factual data that does not reveal sensitive information about a person, can be categorised in the third category giving room to opening up data under the INSPIRE Directive.


2019 ◽  
Vol 12 (2) ◽  
pp. 115-133
Author(s):  
Iryna Izarova

Abstract Judicial cooperation between EU Member-States and Ukraine is still at a basic level. The EU-Ukraine Association Agreement does not prove an appropriate approach, and their relations are regulated mostly with the bilateral agreements. The Baltic states and Ukraine, which are the focus of this research, are deeply engaged by their close geographical location, common historical issues and friendly relations, and seek further development of their relations. This should be accompanied by mutual judiciary trust and therefore by the corresponding evolution of bilateral relations proper to this trust. The following types of judicial cooperation in civil matters were chosen as objects of this research: recognition of Baltic States’ courts’ judgments in Ukraine, as well as service of documents and taking of evidence in Ukraine. The conclusions consist of several proposals related to deeper judicial cooperation between Member-States and third countries, illustrated by the example of the Baltic States and Ukraine, in light of the right to fair trial and mutual trust in the judiciary.


2020 ◽  
Vol 17 (2) ◽  
pp. 189-228
Author(s):  
Anna Vanhellemont

Literature on environmental reporting by Member States and the Commission is scarce. Furthermore, the way in which environmental reporting is construed in EU legislation and takes place in practice in the Member States, has only recently been subject to a comprehensive review. Following the 2017 Fitness Check of environmental reporting and subsequent action plan, on which a progress report was published in June 2019, it is high time to look at the state of environmental reporting in the EU. This article looks into several provisions and practices of environmental reporting from the perspective of legal certainty, transparency and, more specifically, access to environmental information. Environmental monitoring and reporting are essential to ensure proper implementation of and compliance with EU environmental legislation. However, discrepancies in legislation and issues in reporting practices can be noted. The Commission has taken several initiatives to streamline and improve environmental reporting, the most significant example being the adoption of Regulation 2019/1010 to align the reporting obligations in the field of environmental policy. Nevertheless, it seems there is still room for improvement. The article concludes with a look into the future of environmental reporting requirements, asking the question what more can be done.


1998 ◽  
Vol 5 (4) ◽  
pp. 369-432 ◽  
Author(s):  

AbstractThe main purpose of this article is to provide a framework of international legal conventions which may amount to an 'umbrella regime' for EU member states as regards their treatment of Turkish migrants, thus supplementing the protection already available in domestic law. To this end, the study pulls together analyses of relevant parts of international and supra-national law within the context of Turkish migrants in Europe which are applicable in protecting the rights of immigrants. In particular, the Ankara Association Agreement of 1963 and its components have put Turkish migrants in a more favourable position than most of the other non-EU migrants, hence creating a sort of 'intermediate' regime for them. The study has confirmed that the developments under the EU law have remained and will remain the main source of progress as far as the rights of Turkish migrants are concerned. Nevertheless, it also draws attention to a significant counter effect of such positive developments; that is, the danger of unwillingness on the part of the EU member states to enlarge the scope of the rights granted to Turkish immigrants under the above-mentioned legal frameworks.


Author(s):  
Ivo Rollis ◽  
Zaneta Ozolina

The article addresses main OECD SIGMA recommendations regarding national European Union (EU) policy co-ordination in Ukraine and provides relevant lessons from Latvia and other EU Central and Eastern Europe (CEE) Member States in addressing similar challenges from the EU pre-accession and post-accession experience. Efficiency of a national policy co-ordination is one of the core determinants to succeed europeanization of a national core executive power and further integration with the EU. The OECD SIGMA Baseline Measurement Assessment Report on Principles of Public Administration in Ukraine published in June 2018 reveals important concerns in steering and co-ordination of some reform initiatives, overlapping competences of public bodies in co-ordinating policy planning and implementation monitoring of the Government’s performance in public sector reforms. Effective implementation of national reforms is vital also in the terms of implementation of the Ukraine–EU Association Agreement (AA) that entered into force on September 1, 2017 and Actual problems of international relations. Release 140. 2019 16 requires a high level of coordination in the Ukrainian government. Relevant national EU policy co-ordination experience of the EU CEE Member States is revisited as a possible lesson for Ukraine in implementation of essential structural reforms on the national level. Key words: europeanization, Association Agreement, principles of public administration, national policy co-ordination, policy planning


Author(s):  
A. J. de Jong ◽  
B. van Loenen ◽  
J. A. Zevenbergen

The EU Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data aims at harmonising data protection legislation in the European Union. This should promote the free flow of products and services within the EU. This research found a wide variety of interpretations of the application of data protection legislation to geographic data. The variety was found among the different EU Member States, the different stakeholders and the different types of geographic data. In the Netherlands, the Data Protection Authority (DPA) states that panoramic images of streets are considered personal data. While Dutch case law judges that the data protection legislation does not apply if certain features are blurred and no link to an address is provided. The topographic datasets studied in the case studies do not contain personal data, according to the Dutch DPA, while the German DPA and the Belgian DPA judge that topographic maps of a large scale can contain personal data, and impose conditions on the processing of topographic maps. The UK DPA does consider this data outside of the scope of legal definition of personal data. The patchwork of differences in data protection legislation can be harmonised by using a traffic light model. This model focuses on the context in which the processing of the data takes place and has four categories of data: (1) sensitive personal data, (2) personal data, (3), data that can possibly lead to identification, and (4) non-personal data. For some geographic data, for example factual data that does not reveal sensitive information about a person, can be categorised in the third category giving room to opening up data under the INSPIRE Directive.


2021 ◽  
Vol 1 (47) ◽  
pp. 58-63
Author(s):  
V. A. Chebotarov ◽  
◽  
V. B. Thekhanivych ◽  

The development of cross-border cooperation (CBC) becomes extremely important due to modern geopolitical processes. Ukraine's entering the European integration space and its recognition by European partners requires coordination of efforts to develop cooperation with the EU member states and Ukraine's neighbors, above all. In order to use the potential of Euroregions within the CBC, it is necessary to reveal the essence of cooperation between the border regions of Ukraine and EU member states while creating and developing common Euroregions. It has become necessary to identify various hindrances to the CBC activation. In general, cross-border cooperation has a rich tradition in the old EU member states and is rapidly gaining importance for the new border regions, as well. This process brings new challenges and specific preconditions in each case, thus causing the development of specific solutions to the arising problems. Cross-border cooperation is an important instrument to develop border areas, and to form growth centers there due to the benefits of territorial division and cooperation; it is also an important component of the European integration process. This fact is emphasized in the Association Agreement between Ukraine, of the one part, and the EU, the European Atomic Energy Community and their Member States, of the other part. At the same time, due to a number of institutional, economic, organizational and financial reasons, the role and efficiency of Euroregional cooperation in the Ukrainian border regions is much less significant than those in the EU member states. The intensification of cross-border and Euroregional cooperation is a way of identifying and overcoming various development constraining factors, and thus will help to expand opportunities for the development of Ukraine’s border regions.


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