scholarly journals Ewolucja celów polskiego prawa zamówień publicznych od okresu międzywojennego do współczesności

Author(s):  
Michał Stawiński

The evolution of the objectives of Polish public procurement law from the interwar period to the present-dayThe article presents the evolution of the objectives of public procurement law in Poland from interwar period to present-day. Especially, the article shows an important influence of European Union legislation on the legal regulation of public procurement and its objectives.

The article is to devoted to the study of the experience of Member State in the field of practical implementation of e-governance. The author analyzed norms of the European Union legislation in the sphere of regulation the modern model of e-governance. Based on the analysis of the norms of the European Union legislation is suggested to mean the e-government as one of the priority tools of the European concept of governments’ modernisation strategу. The potential and ways of improving of the e-governance current model in the Member State are determined. The modern ways of realization of the e-governance at regional and European Union level are defined. The best Member State practices, which will provide an opportunity of the implementation the modern digital technologies in the sphere of the public services. delivery was underlined and systematized be the author. The most effective ways of realization of the e-governance, according to the author, which are used in the member states of the European Union, include: сross-border digital public services, of electronic identification and trust services for electronic transactions in the internal market (eIDAS services); Open Data Portal; shared Cloud Infrastructure; system of the e-democracy and e-participation measures; mutual public service centers; removation of the existing digital barriers; artificial intelligence technologies; using real-time data. This investigation contributed to formation of theoretical conclusions and practical recommendations that are aimed at improvement of the e-governance legal regulation mechanism at national level. The necessity of the enhancement the national e-governance system and make it consistent with standards of European Union law is emphasized.


2021 ◽  
Vol 16 (10) ◽  
pp. 12-19
Author(s):  
G. G. Shaposhnikov

The paper examines the provisions of the current European Union legislation in the field of crowdfunding in order to establish the features of the legal regulation of the issue in question. The author examines the prerequisites for the adoption of the first special acts regulating crowdfunding at the level of the European Union. The paper designates the scope of regulation of the basic act on European crowdfunding–Regulation (EU) 2020/1503 of the European Parliament and of the Council of 7 October 2020 on European providers of crowdfunding services for businesses, and amending Regulation (EU) 2017/1129 and Directive (EU) 2019/1937. It also describes the basic requirements for the providers of crowdfunding services, the rules for the provision of crowdfunding services in the territory of the European Union and highlights the procedures necessary to implement the provisions of the Regulation under consideration. It is noted that the structure of crowdfunding regulation within the European Union is not uniform, crowdfunding activities are cross-border, and certain forms of crowdfunding are not subject to regulation by existing regulations.


Author(s):  
O.A. Vivcharenko

The article is devoted to the legal regulation of public relations regarding land protection and its protection function, is based on the creation of a regulatory framework in Ukraine, which defines legal norms in the field of land rights, property and other land rights, based on European standards focused on priority of land protection. Formation and improvement of legal regulation of relations on land protection belongs to the priority areas of adaptation of Ukrainian legislation to European Union legislation, defined by the Law of Ukraine «On National Program of Adaptation of Ukrainian Legislation to European Union Legislation», which is designed to form and improve new regulation relations regarding land plots, ensuring responsibility and harmonization with the legislation at the present stage. The legislation of Ukraine establishes the powers of the subjects of national security. The President of Ukraine, as the Supreme Commander-in-Chief of the Armed Forces of Ukraine, the Chairman of the National Security and Defense Council, exercises general leadership in the spheres of national security and defense of Ukraine. The Verkhovna Rada, within the powers provided by the Constitution of Ukraine, determines the principles of foreign and domestic policy, national security, forms the legal framework in this area, approves decisions on the imposition of state of emergency and martial law, mobilization, general structure, size of the Armed Forces of Ukraine and other military formations created to the laws of Ukraine.


Author(s):  
Anu Lähteenmäki-Uutela ◽  
Moona Rahikainen ◽  
María Teresa Camarena-Gómez ◽  
Jonna Piiparinen ◽  
Kristian Spilling ◽  
...  

AbstractMacroalgae-based products are increasing in demand also in Europe. In the European Union, each category of macroalgae-based products is regulated separately. We discuss EU legislation, including the law on medicinal products, foods including food supplements and food additives, feed and feed additives, cosmetics, packaging materials, fertilizers and biostimulants, as well as biofuels. Product safety and consumer protection are the priorities with any new products. Macroalgae products can be sold as traditional herbal medicines. The novel food regulation applies to macroalgae foods that have not previously been used as food, and organic macroalgae are a specific regulatory category. The maximum levels of heavy metals may be a barrier for macroalgae foods, feeds, and fertilizers. Getting health claims approved for foods based on macroalgae is demanding. In addition to the rules on products, the macroalgae business is strongly impacted by the elements of the general regulatory environment such as agricultural/aquacultural subsidies, maritime spatial planning and aquaculture licensing, public procurement criteria, tax schemes, and trade agreements.


2020 ◽  
Vol 16 (2) ◽  
pp. 89-97
Author(s):  
E. G. Martirosyan

Introduction. The article presents the analysis of legal regulation on the agricultural market of the European Union. The high growth of international economic integration, contributing to the intensification of interstate cooperation for the simplified movement of goods and services induces the harmonization of regulatory and legislative frameworks to develop uniform mechanisms of legal regulation. The diversification of agricultural exports should be considered as one of the highly promising, priority and sustainable trends of agricultural policy. EU law requirements must be taken into account by organizations engaged in foreign economic activities of food supplies. The article gives the updated analysis of the Eurasian Union regulatory framework in the sphere of agricultural products. Materials and methods. The methodological basis of the study comprises the universal dialectic method of scientific knowledge, general scientific methods (analysis, synthesis, analogy, induction, deduction, modeling, etc.), particular scientific (logical-legal method, comparative legal method of systemic analysis, etc.). Methods of content analysis of legal documentation, allowing to study key trends in the legal regulation and policies of the European Union in relation to the agricultural market were also used.The results of the study. The conducted analysis revealed that there is a confusing situation in the European Union legislation about the agricultural market. The exceptional attitude to agriculture in the European Union legislation was widely under-mined, which led to serious consequences not only for the interpretation of agricultural provisions in EU law, but also for the legal provisions about the agricultural market in other countries. The article also analyzes the changes in legislation that pave the way for a deeper understanding of agricultural law in the European Union after the reforms introduced by the Lisbon Treaty.Discussion and conclusion. Since 1974, the European Union has developed a wide range of legislative provisions related to agriculture. Pursuant to EU treaties, animals are recognized as living creatures, and therefore the EU and Member States must take due care of animal welfare requirements preparing and implementing policies in agriculture or on the domestic market. Currently, EU legislation on the welfare of farm animals contains specific provisions for the cultivation of poultry, calves and pigs,  as well as to all types of agricultural machinery and livestock slaughter. Nevertheless, there are contradictions between the EU Member States stemming from the legal regulation of the common agricultural market in the European Union.The author concludes that the EU food law is comprehensive and aimed to provide consumers with safe and high-quality products, subject to timely and comprehensive information about possible risks. Taking into account the experience of the European Union in the development and correction the relevant legislative system will significantly increase the effectiveness of the measures to increase the export potential of domestic products.


2019 ◽  
pp. 67-86
Author(s):  
Egle Bileviciute

The system of national law and the corresponding system of democratic authorities had to guarantee optimal protection of the individual’s fundamental freedoms and rights, and help to create human welfare. Science of administrative law is constantly evolving, and its insights are strategic in nature, oriented towards the future. There is often a struggle for new ideas, opinions, concepts, paradigms to be embedded or denied. The new, old, inaccurate statements are changed to be more accurate, the new ideas criticize the old ones, and life practices raise new problems that science must answer rationally. The science of administrative law in Lithuania is not static, it is constantly changing as the administrative law itself changes. The concept of administrative law is changing, its regulation is expanding. The science of administrative law is an integral part of Lithuanian law science, where the specialists of administrative law – scientists investigate the essence of this branch of law, its subject matter and separate institutes and in general all actual problems of administrative legal practice and science of the whoel country. This article is the first scientific research in the cycle of articles “Development of Administrative Law and Administrative Legal Doctrine in Lithuania”. The purpose of this article is to present the development of administrative law and administrative law doctrine in Lithuania since 1990 by analysing the works of Lithuanian scientists in this field through the categories defined in the research tasks. In order to achieve the aim of the article, the following tasks are raised: briefly to introduce and discuss the development of Lithuanian administrative law science and administrative law as a category, to define and analyse the goals of administrative law, the subject of regulation and the system of administrative law in Lithuania. In order to achieve the aim and tasks of the research, the analysis of the works of Lithuanian scientists and the main laws implementing the administrative legal regulation of Lithuania was performed. Methods. Historical comparative, documents’ analysis, synthesis and other methods were used for research. Results of research showed that Lithuania has modern administrative law and administrative justice system, that meets nowadays meets and European Union justice standards’ requirements. Conclusions. We can conclude that Lithuanian scientists understand the administrative law in broad sense as law of management and described quite wide range of its regulation subjects. After Lithuania’s accession to the European Union and its commitment to take over its acquis communautaire, the entire Lithuanian legal system, together with administrative law, had to adapt to change. Implementation of the provisions of the European Union legislation in Lithuanian law has become a priority. The abundance of administrative legal regulation at European Union level and the need for its application in the case-law have created challenging tasks for administrative law science. An accurate analysis of the implementation of European Union legislation in the systems of state power and public administration in Lithuania, analysis of administrative legal systems of the Member States of the European Union, search for similarities and differences, effective defence of the rights and legitimate interests of a person when a Member State misapplies (waives) the provisions of European Union legislation, the jurisdiction of national courts to deal with damages where, for example, damage caused by inappropriate application of European Union law is made by a court of final instance in the state, and other issues become the subject of modern administrative law research.


2020 ◽  
pp. 28-34
Author(s):  
Dаria Panfilova

Problem setting. In modern conditions special consideration is attracted to the global discussion related to the nature and unshadowing of cryptocurrencies. One of the most relevant topics for discussion in the cryptocurrency space is the future legal regulation of this sphere and the necessity of tight control of financial institutions in the cryptocurrency trading. Nowadays on the territory of Ukraine the legal regulation of the cryptocurrency sphere remains unresolved, effective legislative changes have not been adopted yet. However, some consensus has already been reached on the territory of the European Union in the field of the legal regulation of cryptocurrencies reformation, which causes unconditional interest for Ukrainian scientists and businesses. Based on the stated above, the purpose of the article is to analyze the legal regulation of cryptocurrency unshadowing in the European Union in order to identify the most effective mechanisms for its adaptation into the domestic legal framework. Analysis of recent researches and publications. Some aspects of the legal regulation of the domestic legislation reformation in the sphere of cryptocurrencies have become the subject of scientific research of such authors as Burkovskaya A. V., Varnavsky A. V., Vasilevskaya L. Yu., Kravchenko L. M., Kud A. A., Kucheryavenko N. P., Lizunova A. N., Lunkin T. I., Perebinis M. G., Smychok E. N., and others. At the same time, comprehensive studies of the European Union legislation innovations in the sphere of the cryptocurrency unshadowing and the impact of the reformed legal EU regulation on national legislation of Ukraine is not carried out, that fact actualizes the theme of the article and further research and development. Article’s main body. European leaders today have reached the consensus on the issue that innovative technologies, which are the basis of cryptocurrencies, have the potential to increase the efficiency of the financial system and the economy as a whole, both at the national level and across the European Union. At the same time, European experts have not yet formed a unified approach to the nature and legal status of virtual currency. Scientists argue that increasingly virtual (fiat) currencies are used to finance terrorism through transaction anonymity, so the European Union introduces additional monitoring of virtual currencies and transactions, legalized in Directive (EU) 2018/843, which was analyzed in the article. Repeated attempts to legalize digital assets in Ukraine were made by the legislator, however, none of the bills has been adopted and so far the only regulatory act that would resolve the issues of the cryptocurrencies’ legalization and effective measures to unshadow them have not been adopted, which, in turn, requires the intensification of the legislators’ activities, given the rapid development of cryptocurrencies and innovations. Conclusions and prospects for development. The study showed multivariate interpretations of the legal text of the Directive (EU) 2018/843 by member-countries, as well as the presence of a hidden control regime that goes beyond the needs of the document. At the same time, the Directive (EU) 2018/843 is intended to become an effective regulator of legal relations in the sphere of cryptocurrencies and requires its gradual implementation in the legislation of Ukraine in order to fulfill the international legal obligations of our state.


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