THEORETICAL AND PRACTICAL UNDERSTANDING OF ANTI-CORRUPTION POLICY OF UKRAINE: THE EUROPEAN INTEGRATION ASPECT

2020 ◽  
pp. 102-105
Author(s):  
A. A. Prykhodko
Keyword(s):  
Law Enforcement ◽  
Civil Rights ◽  
European Integration ◽  
International Standards ◽  
The Rule Of Law ◽  
Third World Country ◽  
Broad Interpretation ◽  
Enforcement Activity ◽  
Cross Border Cooperation ◽  
The Eu

The article analyzes the theoretical and practical aspects of the anti-corruption policy of Ukraine in the context of European integration. Considered that corruption has long been perceived in the EU as a negative phenomenon requiring systematic, strategic and concerted action of a transboundary and transnational character and, in general, a threat to the rule of law. The author concluded that Ukraine will continue to be perceived by a third world country as long as anti-corruption measures are duplicated from one strategic document to another. The anti-corruption strategy of Ukraine should be an early, strategic and systematic tool for the eradication of corruption and the formation of public justice in the context of zero tolerance for such phenomena. Now this is a set of normatively fixed declarative slogans that are consistent with international standards, but are not achievable in practical terms due to the lack of state strategic planning in advance. The new anti-corruption strategy must necessarily include a broad interpretation of all the concepts used in it, including the term “anti-corruption policy”. Taking into account the recommendations of the CIS Interparliamentary Assembly, the author’s vision of the term “anti-corruption policy” has been formed, as a set of principles, tasks, goals and principles of implementation of law-making and law-enforcement activity of public administration within the protection of human and civil rights and freedoms a state implemented by a system of methods, means and measures to combat corruption in priority areas and in accordance with anti-corruption standards and on the basis of transnational national and cross-border cooperation.

Part I General Questions, 4 The EU and the Fight against Organised Crime

2016 ◽  
Author(s):  
Hecker Bernd
Keyword(s):  
Civil Rights ◽  
Rule Of Law ◽  
Justice System ◽  
Criminal Policy ◽  
Organised Crime ◽  
Acquis Communautaire ◽  
Effective Prevention ◽  
The Rule Of Law ◽  
European Criminal Law ◽  
The Eu

The effective prevention of and the fight against all types of transnational organised crime (TOC) has been one of the biggest challenges to the criminal policy of the EU for decades. In this connection, the EU and its member states are facing the task of striking an equitable balance between the interest in ensuring an effective criminal justice system on one hand, and the protection of civil rights that the rule of law offers on the other. On the basis of the EU strategies and programmes to create an area of freedom, security, and justice, this chapter retraces the development of European criminal law in relation to TOC. It shows that the acquis communautaire now attained comprises a multiplicity of legal instruments aiming at the protection of European society and its economies from organised crime.

scholarly journals Efforts to Disrupt the Authoritarian Equilibrium within the EU. Effects and Counter-effects

2021 ◽  
Vol 17 (4) ◽  
pp. 723-741
Author(s):  
Krisztina Juhász
Keyword(s):  
European Integration ◽  
Rule Of Law ◽  
Theoretical Approach ◽  
Financial Support ◽  
The Other ◽  
Resource Analysis ◽  
The Rule Of Law ◽  
Secondary Literature ◽  
The One ◽  
The Eu

Abstract The study, leaning on the concept of ‘authoritarian equilibrium’ introduced by R. Daniel Kelemen on the one hand, and new intergovernmentalism as a fresh theoretical approach of the European integration on the other hand, investigates if we can talk about the disruption of the ‘authoritarian equilibrium’ as a consequence of the split up between Fidesz and the EPP, and the adoption of the rule of law conditionality mechanism. In other words, whether we can talk about an initial authoritarian dis-equilibrium? Or can we rather talk about a converse process due to the mechanisms of new intergovernmentalism resulting in the further stabilisation of authoritarian governments and the ineffectiveness of the EU measures devoted to the protection of rule of law? Using qualitative resource analysis of the relevant secondary literature and the documents and legal acts of the EU and its institutions the paper comes to the conclusion that while we have witnessed efforts to disrupt the partisan and the financial support of the Hungarian governing party, these efforts were neutralised by the mechanisms of new intergovernmentalism and as a consequence we still cannot talk about an initial authoritarian disequilibrium in the EU.

EU integration will deepen incrementally post-Brexit

2018 ◽  
Keyword(s):  
Law Enforcement ◽  
Content Type ◽  
The Rule Of Law ◽  
Eu Member States ◽  
Eu Integration ◽  
Public Debates ◽  
The Future ◽  
One Year ◽  
European Parliament Elections ◽  
The Eu

Subject The EU's post-Brexit architecture. Significance Just over one year ago, leaders of the remaining 27 EU member states met in Rome to mark the 60th anniversary of the founding of the EU's forerunner and launched a debate on the future of their Union. They set out a roadmap for dialogue, with the aim of agreeing a plan for future development of the EU before the European Parliament elections in May 2019. Impacts Public debates about the future of the EU may give voters a sense of ownership and dissuade them from supporting Eurosceptics. As the Commission becomes more politicised, some governments may claim that Commission law enforcement actions are politically motivated. Debate over the 2021-27 budget may lead to fresh conflicts as some governments want to link EU subsidies to respect for the rule of law.

PROSPECTS OF ADAPTATION OF UKRAINIAN LEGISLATION ON ADVOCACY TO EUROPEAN STANDARDS

2017 ◽  
Author(s):  
Oleksandr Shandula ◽  
◽  
Tetiana Bulykina ◽  
Keyword(s):  
European Integration ◽  
Legal Protection ◽  
International Standards ◽  
Main Program ◽  
Highly Qualified ◽  
European Experience ◽  
Domestic Legislation ◽  
Legitimate Interests ◽  
European Standards ◽  
The Eu

The article examines the current domestic legislation on advocacy and advocacy, establishes the level of its compliance with European and international standards. The Constitution of Ukraine declares the desire of our people to build a democratic, social, legal state. However, achieving this goal is impossible without a qualitative reform of the legal system of the country, which, unfortunately, still retains the echoes of Soviet law. Especially important is creating and functioning of the system of bodies capable of ensuring human rights, freedoms and legitimate interests by providing highly qualified legal assistance. In modern civilized democracies, a necessary factor in the system of legal protection of a person, the rights and freedoms is the advocacy. It represents a specialized institute for this humane mission. Given the European integration sentiments of our state, further reform of the legal profession in Ukraine should take into account the positive world and European experience. Adaptation of the current domestic legislation to the EU legislation, including in the field of advocacy, is one of the priority areas of the state, which determines the relevance of the research topic. Based on the study of the Strategy for the Reform of the Judiciary, Judiciary and Related Legal Institutions for 2015-2020, as the main program document for the reform of the avocacy in Ukraine, steps have been taken to implement it. Further prospects for the development of the bar in Ukraine in accordance with the European integration direction of the country are proposed.

scholarly journals CONCEPT AND SYSTEM OF IMPACT MUNITIONS USED IN LAW ENFORCEMENT

2021 ◽  
Vol 3 ◽  
pp. 89-101
Author(s):  
I. Haraberiush
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Law Enforcement Officers ◽  
Protective Equipment ◽  
Law Enforcement Agencies ◽  
The Rule Of Law ◽  
Special Means ◽  
Definition Of ◽  
Technical Features ◽  
Enforcement Activity

This article examines importance of impact munition based on new conceptual ideas related to humanization of forms and methods of law enforcement. It is emphasized that in implementation of public safety and the order of law enforcement agencies should meet requirements of the rule of law whereby human, his rights and freedoms are recognized as the highest values and determine the content and direction of the state and its legal institutions. It is emphasized that use of specific means contributes to implementation of this principle by creating opportunities to avoid injuries and casualties by law enforcement officers, ordinary citizens and among offenders directly. It is noted that specific means should be considered as protection means and separated from non-lethal weapons. Definition of specific protection means is given. The system of specialized protective equipment is considered because of a conceptual position: specialized protective equipment of law enforcement agencies is a basic concept and consists of subsystems that have their own structure. Place of specialized protective equipment in the system of specialized machinery of law enforcement agencies is determined. System of specialized protective equipment of and branches of these means are structured considering purpose of special means and tactical and technical features of their application in law enforcement activity.

scholarly journals CROSS-BORDER ASPECTS OF SOCIO-ECONOMIC CONVERGENCE OF REGIONS: THE EUROPEAN INTEGRATION CONTEXT

2016 ◽  
pp. 125-138
Author(s):  
К. Kutsab-Bonk
Keyword(s):  
Economic Development ◽  
European Integration ◽  
Economic Effect ◽  
Transboundary Cooperation ◽  
Important Indicator ◽  
Border Regions ◽  
Cross Border ◽  
Cross Border Cooperation ◽  
The Eu

The current stage of European integration of Ukraine is determined by the intensification of partnership relations with the EU in the all planes of socio-economic interaction. In particular, it concerns development of cross-border cooperation and capacity of cross-border markets potential. Because of that the problems of cross-border cooperation between Ukraine and EU today becomes more urgent. One of the key criteria of successful cross-border cooperation between Ukraine and the EU is the alignment of proportions of economic development on different sides of the border. In this sense, an important indicator of the quality of transboundary cooperation is cross-border convergence of regions. It reflects the socio-economic effect from implementation of transboundary projects and plays an important role in the context of leveling the existing threats and challenges of cross-border economic, social and information security. Alignment the quality of life and standards of economic development on different sides of the border eliminates a number of risks associated with the spread of destructive forms of cross-border cooperation, such as smuggling at cross-border markets, illegal labor migration, corruption at the border crossing etc. The priority instrument of transboundary convergence spreading is the institutionalization of cross-border space. First of all it concerns the formation of the legal support, oriented to the deployment of convergent processes. In addition, institutionalization concern such key elements of transboundary cooperation as the functioning of cross-border institutions, the eradication of transboundary institutional dysfunction, and a decrease the level of transaction costs of participants of cross-border markets. Important way to stimulation of cross-border convergence is the formation of joint cross-border brands for each of cross-border regions between Ukraine and the EU. On this basis, should be developed appropriate strategies for development of cross-border markets. Such strategies should ensure the maximum use of socio-economic potential of corresponding cross-border regions, and also should form grounds for the spread of convergent processes within them.

scholarly journals Reproduction potential of rural areas in chernivtsi region in cross-border cooperation: asymmetries in development and ways of their overcoming

2019 ◽  
pp. 11-19
Author(s):  
Oksana Zybareva ◽  
Svitlana Belej ◽  
Oleg Luchyk
Keyword(s):  
Rural Development ◽  
European Integration ◽  
Low Income ◽  
Rural Areas ◽  
Negative Impact ◽  
Reproductive Potential ◽  
Economic Security ◽  
International Standards ◽  
Cross Border ◽  
Cross Border Cooperation

The deepening of cross-border cooperation opens new opportunities for the revitalization of rural areas and obtaining synergistic effect from interlacing reproductive potential of rural areas and subjects that are located there. Considering the dynamics of external environment, there is a need for researching new factors, forms, conditions and parameters of imbalanc-es overcome for rural development in the integration and convergence that affect the economic security of the state. The current realities of European integration processes strengthen the role of cross-border cooperation and open new opportunities for the development of rural areas. The convergence of the rural areas economy of the Euroregion ‘Upper Prut’ simultaneously acts as a catalyst and an indicator of the development of European integration of Ukraine. However, the current state of rural areas development of the Chernivtsi region is a process of uneven, asynchronous and disproportionate changes. The analysis of the development of rural areas showed an uneven development. The main disproportions in the development of rural areas of the Chernivtsi region are the following: monofunctional character of development; inefficient agriculture; negative impact on soil fertility, insufficient application of organic and mineral ferti-lizers; low income of the rural population; absence of conditions for the development of alternative business lines and their further diversification in rural areas; lack of an adequate mechanism for implementing financial support for the development of rural areas; Lack of economic interest to live and work in rural areas, motivation for work, unemployment, labor migra-tion, poverty. Asymmetric development of rural areas of the Chernivtsi region makes it difficult to use the border as a stimu-lating rather than inhibiting factor of cross-border convergence. It should be noted that Chernivtsi region has the opportunity to equalize the asymmetries in the development of rural areas, which are provided by a unique natural resource potential, features of land resources as a natural basis, human, scien-tific and technical potential. However, practice shows that if the normal course of economic processes is violated, without government intervention, there is an increase in disproportions and a socio-economic asymmetry in the development of rural areas. The conducted studies prove the necessity of developing a regional policy aimed at reducing asymmetries in the de-velopment of rural areas and searching for new forms of interaction between participants in cross-border cooperation. Elimination of disparities in rural development is possible through the cooperation of entities that are engaged in ru-ral economic activities, local authorities and the initiatives of the peasants themselves, through the formation of a network of partner organizations. Partnership between the authorities, business and the rural community should be based on the use of international standards of social responsibility that will establish clear requirements for the activities of business, govern-ment and society and thereby equalize existing asymmetries in the development of rural areas. Key words: rural areas, region, potential, diversification, asymmetry, rural area, cross-border cooperation.

scholarly journals Cooperation Between Albania and Kosovo and Its Impact in Strengthening the Rule of Law Against Transnational Organized Crime, 2008-2015

2016 ◽  
Vol 6 (1) ◽  
pp. 85 ◽  
Author(s):  
Bajram Ibraj
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Organized Crime ◽  
Security Threats ◽  
Transnational Organized Crime ◽  
The Rule Of Law ◽  
The Republic ◽  
Problem Solvers ◽  
The Eu

Transnational organized criminal activities and local activities have affected both countries, Albania and Kosovo. Meanwhile, transnational crime with transnational and local base Albania-Kosovo, is of interest and influence, therefore, it is suggested that the cooperation between the Republic of Albania and the Republic of Kosovo in this regard be serving in law enforcement institutions in Albania and within law enforcement institutions in Kosovo. Transnational organized crime, terrorism, corruption and money laundering are global security threats and local, regional and international sources of crises. Organized crime knows no nationality, no countries, borders, homeland, race, ethnicity, religion and religious beliefs. That is why it is required cooperation in the fight against transnational organized crime and transnational organized crime to be implemented permanently with the main goal of the strategy implementation, action plans, joint operations between the two countries, Albania and Kosovo. Important role in this association play their respective law enforcement institutions such as the police of the two countries, prosecutions, courts and other institutions. While international cooperation is realized with major international organizations like the UN, the EU, Interpol, Europol, SECI center etc. During the years 2002-2015 between the governments, ministries of internal and Police of the Republic of Albania and the Republic of Kosovo hav signed several agreements, memoranda of understanding and common protocols. Interstate and transnational cooperation through the tabulation and graphs presented and seek to build strategies, institutions, measures, operations and joint actions with preventive, managers and common problem solvers of security and the fight against transnational organized crime. Consolidation of security in Albania and Kosovo, is closely associated with the construction, consolidation and functioning of the rule of law, and the rule of law, reaching freedom and respect for fundamental human rights. Albania-Kosovo cooperation significantly affects the strengthening of the rule of law against transnational organized crime. This cooperation is a necessary precondition for the prevention of conflicts and internal, external and regional crises, in order to achieve security and human rights and freedom.

The EU besides Brexit

2020 ◽  
pp. 59-82
Author(s):  
Federico Fabbrini
Keyword(s):  
Climate Change ◽  
European Union ◽  
United Kingdom ◽  
European Integration ◽  
Euro Crisis ◽  
The European Union ◽  
The Rule Of Law ◽  
The United Kingdom ◽  
Migration Crisis ◽  
The Eu

This chapter assesses the European Union besides Brexit, shedding light on the multiple other crises that the EU has recently faced in addition to the withdrawal of the United Kingdom. In the last decade, the EU has weathered the euro-crisis, the migration crisis, and the rule of law crisis, each of which has continued to sour throughout the Brexit negotiations. In addition to these old crises, the EU has now faced new ones—as shown by the difficulties of dealing with the issue of enlargement, the problem of climate change, and particularly the catastrophic Covid-19 pandemic. All of these crises have exposed the disunity of the EU—a counter-point to the unity that emerged in the Brexit negotiations. The chapter explains the difficulties of the EU27 in successfully tackling once and for all any of these crises, and the growing centripetal pulls at play, owing to the rise of very different visions of European integration—what can be called a ‘polity’, a ‘market’, and an ‘autocracy’ conception of the EU, which are competing with each other.

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