Approximating Ukraine’s Laws to Those of the European Union Concerning Meat and Meat Products Cold Chain

2020 ◽  
Vol 9 (3) ◽  
pp. 978
Author(s):  
Kateryna O. RODIONOVA ◽  
Volodymyr M. STESHENKO ◽  
Ivan V. YATSENKO
Keyword(s):  
European Union ◽  
Meat Products ◽  
Legal Regulation ◽  
Cold Chain ◽  
The European Union ◽  
Meat Processing ◽  
Processing Industry ◽  
Eu Legislation ◽  
The Eu

The main objectives of the research were such: to define the concept of cold chain as an object of legal regulation; to find out the content and features of the EU legislation on the safety and quality of meat and meat products during cold chain and its use in Ukraine; to characterize the legal bases of the current legislation of Ukraine on ensuring the safety and quality of meat and meat products during cold chain, to formulate proposals and recommendations aimed at improving the national legislation of Ukraine by approximating it to the EU legislation, which sets requirements for the safety and quality of meat and meat products throughout cold chain. To achieve the abovementioned objectives, the following methods were used: comparative legal, analytical, systemic, dialectical, generalizing, specific-search, structural-functional, semantic, methods of deduction and induction, etc. The content and features of the legal regulation of the safety and quality of meat and meat products in the current legislation of the European Union and Ukraine have been clarified. For the first time, the definition of the term 'cold chain' has been proposed by reference to it in author's editorial, which should influence its clearer scientific and practical understanding. It is determined that the temperature regimes of cold processing, storage and transportation of meat and meat products in Ukraine are regulated by a large number of legal acts, in particular: national standards of Ukraine (DSTU), technical regulations, technological instructions, rules of transportation, etc. It is found that national legal acts do not provide a systematic understanding of the particularities of cold chain legal regulation in the meat processing industry in order to ensure the safety and quality of meat and meat products. As a result of departmental inconsistency, the existing storage temperature parameters for the same product type in different legal acts differ from each other, which does not allow to determine the actual storage periods at different stages of the cold chain. In addition, current legal acts in Ukraine do not provide for constant monitoring of the temperature of cold-processed meat and meat products throughout all cold chain units and the hygienic condition of refrigerators throughout the shelf life. As a result, the cold chain is very difficult to be controlled and requires a large number of factors to be taken into account in order to bring safe and high-quality meat and meat products to the end consumer. According to the results of the research, proposals and recommendations are formulated to improve the national legislation of Ukraine governing the cold chain in the meat processing industry.

"SOFT LAW" OF THE EUROPEAN UNION: SOME ISSUES OF ITS APPLICATION

2021 ◽  
pp. 60-68
Author(s):  
E.V. Skurko
Keyword(s):  
European Union ◽  
Legal Regulation ◽  
Soft Law ◽  
The European Union ◽  
Theoretical Concepts ◽  
Eu Legislation ◽  
The Eu

The article presents an analysis of theoretical concepts of ‘soft law’ in the European Union, as well as the practice of using ‘soft law’ tools in legal regulation, the issues of legitimacy and effectiveness of ‘soft law’ in the EU. Today, soft law instruments account for about 10% of the EU legislation, and the role of soft law in legal regulation is growing. At the same time, problems arise in connection with the use of soft law instruments in Europe, the most relevant of which are presented in this review.

scholarly journals Has the Action for Failure to Act in the European Union Lost its Purpose?

2014 ◽  
Vol 7 (2) ◽  
pp. 209-226 ◽  
Author(s):  
Inga Daukšienė ◽  
Arvydas Budnikas
Keyword(s):  
European Union ◽  
Judicial Review ◽  
Scientific Literature ◽  
Case Law ◽  
The European Union ◽  
Eu Legislation ◽  
Court Of Justice ◽  
Legal Remedy ◽  
The Eu

ABSTRACT This article analyzes the purpose of the action for failure to act under article 265 of the Treaty on the Functioning of the European Union (TFEU). The statements are derived from the analysis of scientific literature, relevant legislation, practice of the European Union Court of Justice (CJEU) and the European Union General Court (EUGC). Useful information has also been obtained from the opinions of general advocates of the CJEU. The article of TFEU 265, which governs the action for failure to act, is very abstract. For this reason, a whole procedure under the article 265 TFEU was developed by the EU courts. The original purpose of the action for failure to act was to constitute whether European Union (EU) institution properly fulfilled its obligations under the EU legislation. However, in the course of case-law, a mere EU institution’s express refusal to fulfill its duties became sufficient to constitute that the EU institution acted and therefore action for failure to act became devoid of purpose. This article analyzes whether the action for failure to act has lost its purpose and become an ineffective legal remedy in the system of judicial review in the EU. Additionally, the action for failure to act is compared to similar national actions.

scholarly journals LEGAL REGULATION OF TOBACCO AND TOBACCO PRODUCTS IN THE SLOVAK REPUBLIC AND IN THE EUROPEAN UNION

2013 ◽  
Vol 2 (2) ◽  
pp. 44-53
Author(s):  
Barbara Pavlíková
Keyword(s):  
European Union ◽  
Slovak Republic ◽  
Legal Regulation ◽  
The European Union ◽  
Negative Consequences ◽  
Tobacco Products ◽  
Excise Duty ◽  
Analysis And Synthesis ◽  
Regulatory Instruments ◽  
The Eu

Abstract The contribution deals with the Slovak and the EU legal regulation of tobacco and tobacco products. Its primary purpose is to point out the Slovak and European legal acts which constitute the main regulatory instruments in this field using the method of analysis and synthesis. Rules of production, distribution and conditions of use of tobacco and products thereof are in the Slovak Republic contained mainly in two acts - the Act No 335/2011 Coll. on Tobacco Products and the Act No 377/2004 Coll. on the Protection of Non-smokers, as well as in special Decree No 212/2012 Coll., regulating tobacco products. Regulation of excise duty on tobacco products can be found in the Act with the same name - Act No 106/2004 Coll.. Another objective of the paper is also to draw attention to the amendment of Act on Protection of Non-smokers which entered into force on 1 July 2013. The European Union struggles with the negative consequences of smoking at the supranacional level and its institutions - the European Commission, the European Parliament and the Council of the EU - are already for several years adopting legal acts to facilitate uniformity and easier interpretation of European law also in the field of legal regulation of tobacco and tobacco products. The predominant part of the existing legislation deals with the approximation of laws in areas that are closely related to the manufacture, presentation and sale of tobacco products, but also to the collection of taxes from these products.

(Un)fit for 55! Ohne eine verschärfte Governance-Verordnung sind die Klimaziele 2030 nicht zu erreichen

IG ◽  
2021 ◽  
Vol 44 (4) ◽  
pp. 287-300
Author(s):  
Michèle Knodt ◽  
Rainer Müller ◽  
Sabine Schlacke ◽  
Marc Ringel
Keyword(s):  
European Union ◽  
Energy Efficiency ◽  
Renewable Energy ◽  
Regulatory Action ◽  
The European Union ◽  
Soft Governance ◽  
Energy Efficiency Targets ◽  
Positive Effect ◽  
The Eu

The European Commission's “Fit for 55” package of July 2021 provides for a significant increase in renewable energy and energy efficiency targets in the European Union (EU). However, the EU’s competences in the energy sector are severely limited and subject to sovereignty. Already in 2018, the EU adopted a Governance Regulation that provides for a hardening of the otherwise only soft governance in the areas of renewable energies and energy efficiency due to the lack of European competences. It is intended to ensure that the Commission's recommendations for improving national energy and climate plans are implemented by the member states. An analysis of the quality of implementation of these recommendations now shows that this has a positive effect in areas with harder soft governance but still needs improvement. Increasing the targets of regulatory action cannot be successful without revising the Governance Regulation and hardening soft governance along with it. Otherwise, the EU is not fit for its 55 percent target in 2030.

Harmonization of the Ukrainian Legislation with the Legislation of the European Union with Regard to Trade Defence

2020 ◽  
Vol 82 ◽  
pp. 174-188
Author(s):  
Iuliia Lokshyna
Keyword(s):  
European Union ◽  
The European Union ◽  
Normative Documents ◽  
Eu Legislation ◽  
Eu Directives ◽  
The Eu

The issue of the necessity of approximation, adaptation or harmonization of the Ukrainian legislation with the EU legislation has been tackled by a number of scholars in Ukraine. A number of normative documents also paid considerable attention to this issue in general. However, there is still an issue of defining the most suitable term which would better purpose bringing legislation into conformity with the requirements of the EU. According to some scholars the notion “harmonization” could better reflect this process. This view is also shared by the author of this article. The article also discusses the importance and the need to pass new draft laws in the field of trade defence in Ukraine, in particular, regarding anti-dumping, countervailing measures and safeguards. Since some of the new articles correspond to similar provisions in the EU directives, this is viewed as an important step to harmonize the Ukrainian legislation with the legislation of the European Union in this sphere.

scholarly journals THE MAIN SKILLS AND COMPETENCES OF MULTILINGUALISM IN THE CONTEXT OF THE EUROPEAN UNION

2010 ◽  
Vol 3 (1) ◽  
pp. 55-66 ◽  
Author(s):  
Irena Vankevič
Keyword(s):  
European Union ◽  
Foreign Language ◽  
The European Union ◽  
Cultural Globalization ◽  
The World ◽  
Official Languages ◽  
Unity In Diversity ◽  
European Citizen ◽  
The Eu

The paper presents multilingualism and multiculturalism as one of the main aims of the European Union (EU) and deals with the issue of political and cultural globalization. More and more young people describe themselves as cosmopolites. Multiculturalism is especially noticeable in the sphere of languages. Languages are fundamental for Europeans wanting to work together. They go to the very heart of the unity in diversity of the EU. It is important to nurture and to promote our linguistic heritage in the Member States but we also need to understand each other, our neighbours, our partners in the EU. Speaking many languages makes businesses and citizens more competitive and more mobile. The EU policy of official multilingualism as a deliberate tool of government is unique in the world. The EU sees the use of its citizens’ languages as one of the factors which make it more transparent, more legitimate and more efficient. At the level of culture and of enhancing the quality of life, too, the EU works actively to promote the wider knowledge and use of all its official languages throughout the Union. The ability to speak foreign language and multiculturalism are inseparable parts of the EU integrations. There are certain skills and competences that a multilingual, multicultural European citizen must acquire in order to become a full‐fledged EU member. Pagrindiniai daugiakalbiškumo įgūdžiai ir kompetencijos Europos sąjungos kontekste Santrauka Straipsnyje parodomas daugiakalbiškumas ir daugiakultūriškumas kaip vienas iš pagrindinių Europos Sąjungos tikslų bei analizuojama politinės ir kultūrinės globalizacijos problema. Vis daugiau jaunų žmonių save apibūdina kosmopolitais. Daugiakultūriškumas ypač pastebimas kalbų srityje. Kalbos labai svarbios europiečiams, norintiems bendradarbiauti. Būtent kalbos sudaro Europos vientisumo ir skirtingumo ašį. Todėl visos Europos Sąjungos (ES) šalys narės privalo ne tik tausoti ir plėtoti savo kalbos paveldą, bet ir stengtis suprasti vienos kitas, savo kaimynes, ES partneres. Gebėjimas bendrauti keliomis kalbomis padeda plėtotis ne tik verslo sričiai, jis padeda ES piliečiams tapti konkurencingesniems ir mobilesniems. ES valdžios taikoma oficialaus daugiakultūriškumo politika – vienintelė pasaulyje. ES valstybinių kalbų vartojimą laiko vienu iš šalies skaidrumo, didesnio teisingumo ir produktyvumo veiksnių. Kultūros ir gyvenimo kokybės stiprinimo lygmeniu ES aktyviai dirba skatindama mokymąsi ir visų Sąjungos valstybinių kalbų vartojimą. Gebėjimas kalbėti keliomis kalbomis bei daugiakultūriškumas – neatsiejama eurointegracijos dalis. Yra tam tikrų gabumų ir kompetencijų, kurios privalomos daugiakultūriam, daugiakalbiam europiečiui, norinčiam tapti visaverčiu ES piliečiu.

Regulation of Nanomaterials in the EU: Proposed Measures to Fill in the Gap

2014 ◽  
Vol 5 (2) ◽  
pp. 228-235 ◽  
Author(s):  
David Azoulay ◽  
Vito Buonsante
Keyword(s):  
European Union ◽  
Environmental Law ◽  
The European Union ◽  
International Environmental Law ◽  
Eu Legislation ◽  
Hazard Risk ◽  
The Earth ◽  
The Eu

This report discusses a proposal fromthe Center for International Environmental Law(CIEL), ClientEarth and Friends of the Earth Germany (Bund) on the regulation of nanomaterials in the European Union. It discusses in particular, the proposal for a horizontal regulation on nanomaterials (also referred to as a nano-patch for existing legislation) that would fill in the regulatory gap on nanomaterials. The proposal goes beyond a review of the REACH text and encompasses all EU legislation relevant to nanomaterials. The proposed instrument would amend the REACH text with delimitation in scope to all areas relevant to nanomaterials (on the model of Regulation 1272/2008 on the classification, labelling and packaging of chemicals). The main aim of the regulation is to ensure that hazard, risk and exposure assessments for all forms and uses of such materials are adequately carried out and taken into consideration.

scholarly journals Actual Issues of Forensic Activities in Ukraine and the Possibility of Implementing International Standards of the Industry in the Ukrainian Legislation

2021 ◽  
Vol 10 (2) ◽  
Author(s):  
Lidiya Kotlyarenko ◽  
◽  
Nataliia Pavlovska ◽  
Eugenia Svoboda ◽  
Anatolii Symchuk ◽  
...  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Regulation ◽  
International Standards ◽  
European Convention ◽  
European Law ◽  
The European Union ◽  
Council Of Europe ◽  
Legal Standard ◽  
The Eu

International standards exist in any field of legal regulation however, they are mostly identified with standards that regulate the technical sphere, since they are the most common ones. Nonetheless, today it is hard to imagine any area of public life withno generally recognized international standards. European legal standards are formed within the framework of the two most regional international associations –the Council of Europe and the European Union. The Council of Europe sets, first of all, standards in the humanitarian sphere: human rights, environment protection, and constitutional law, which is determined by the goals and purpose of its functioning. The European Union (hereinafter referred to as the EU) using directives, regulations, and other legal acts sets standards for most areas of the EU population's life. It should be noted it is during the development of 'standardization' in the European law that specific development of public relations in the EU takes place. Defining the EU legal standardas a separate category of norms of the European law, it is noteworthy that this term is used in a broad sense as a 'legal standard' and incorporates such elements as the general principles of the EU law and the 'common values' of the EU –they relate to people, environment, economic issues, and so on. The European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 is a classic example of their implementation. In a narrow sense, this term has a specific meaning and does not coincidewith the concept of 'legal standard', e.g. these are standards in the technical field that are adopted by the European Committee for Standardization, that is, in its content, it is a technical publication that is used as a norm, rule, guide or definition.Therefore, they relate to products, services, or systems and are the basis for convergence and interaction within the growing market of various business sectors. Today, in international law de facto there is a system of standards that regulate various aspects of international relations.

scholarly journals Integration of Ukraine into European Union securities market

2021 ◽  
Vol 69 (2) ◽  
pp. 168-178
Author(s):  
M. Savchenko
Keyword(s):  
European Union ◽  
Stock Market ◽  
Stock Markets ◽  
Rapid Development ◽  
Legal Regulation ◽  
Securities Market ◽  
Stock Exchanges ◽  
The European Union ◽  
Eu Countries ◽  
The Eu

The paper deals with the main parameters of the Ukrainian securities market at the current stage, identifies its functioning problems, gives a set of measures for the effective implementation of Ukraine's desire to integrate the national stock market into the European Union. Compared with the stock markets of the EU countries, the domestic securities market is underdeveloped, poorly regulated and illiquid, therefore there is the need to develop it and implement the European legislative initiatives. The paper covers the basic laws in the field of legal regulation of the Ukrainian and EU securities market. The investigation includes the results of the research of the current experience in leading European countries in terms of capitalization of the largest stock exchanges in Europe. The classification of 5 largest European stock exchanges is given and the influence of COVID-19 virus on their activity is analyzed. The main trends in the field of securities investment market of the largest stock exchanges in Europe and Ukraine are led. While examining statistical data concerning the capitalization of European stock exchanges in comparison with the PFTS of Ukraine in 2019, the LSE (London Stock Exchange) ranks 1st with €3.86 bn., 2nd place is taken by Euronext – €3.4 bn., 3rd place by Deutsche Börse having capitalization volume at the level of €1.9 bn., and PFTS Ukraine – €0.17 bn., which indicates that Ukrainian securities market is insufficiently elaborated. Nowadays, the Ukrainian securities market repeats European historical development trends, and at this stage it largely depends on the directions of development that international stock markets can take. Changes in European securities markets are extremely rapid and require competent response from regulatory structures. The rapid development of the European stock market, accompanied by the emergence of advanced technologies in the field of securities and new financial instruments, make it necessary to monitor all the changes and innovations that happen in the Ukrainian securities market in order to develop more effective recommendations for improving its functioning and regulation. In addition, integration with the European Union requires deeper and more radical reforms of the domestic state administration, macroeconomic regulation, property relations, and anti-corruption policy. Only a large-scale and complete reform will enable progressive renewal and effective, socially responsible integration into the EU countries, taking into account national interests.

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