scholarly journals Notification of Ukrainian Diploma as a Doctor-Pharmacist in Poland

2021 ◽  
Vol 27 (1) ◽  
Author(s):  
Taras Mandzii
Keyword(s):  
Medical Education ◽  
Mutual Recognition ◽  
Professional Activity ◽  
The European Union ◽  
National Agency ◽  
Education Levels ◽  
The Government ◽  
The Right ◽  
Higher Medical Education ◽  
Academic Degrees

The article represents the peculiarities of recognizing higher medical education obtained in Ukraine in Poland. Nostrification (from German Nostrifikation derived from Latin Noster – “our”, and Latin Facere – “to do”) is a procedure for the recognition of diplomas issued by educational establishments of other countries. All the certificates and diplomas obtained in Ukraine can be legalized in Poland. The paper describes the procedure for preparing the documents needed and the basic legal components of a successful nostrification of diploma in medicine, pharmacy. The recognition of foreign diploma grants you the right to continue your education and professional activity in Poland and is carried out on an individual basis. If you want your diploma to be recognized in Poland, you should contact the Ministerstwо Nauki i Szkolnictwa Wyższego or Polish National Agency for Academic Exchange – NAWA. An Agreement between the Government of Ukraine and the Government of Republic of Poland on Mutual Recognition of Education Documents and Scientific Degrees was signed on May 31, 2006 (Resolution of the Cabinet of Ministers of Ukraine No. 769). Thus, the Polish documents of secondary education, higher education levels, as well as academic degrees provide the opportunity to continue education in Ukraine and, accordingly, such documents received in Ukraine guarantee this opportunity in Poland. However, the agreement does not apply to certain professional rights including extra payments for academic degrees or ranks. The confirming university shall confirm or refuse to confirm the completion of studies at a specified level within 90 days from the date of submission of the request. In case of differences in study curriculum, learning outcomes or duration of studies, the confirming university may oblige the person to take specific examinations or undergo a professional traineeship. Obtaining a certificate of nostrification allows you to continue the process of recognizing higher medical education in order to ultimately be able to work as a doctor in the European Union.

scholarly journals General principles of organization and activityof judges in Ukraine

2021 ◽  
pp. 107-111
Author(s):  
Y.V. Harust ◽  
V.V. Mirgorod-Karpova
Keyword(s):  
Public Administration ◽  
Public Service ◽  
Legal Status ◽  
Professional Activity ◽  
Public Confidence ◽  
The European Union ◽  
Association Agreement ◽  
Public Servant ◽  
The Government ◽  
The Right

In the conditions of active development and improvement of the system of public administration in the world, the role of public service as a defining feature of a democratic and legal state is strengthening. Since the signing of the Association Agreement with the European Union by Ukraine, it has become necessary to introduce and enshrine in national legislation such an institution as a public service. This became a lever that launched the process of reforming the government system in the country and determined the right vector for the development of public service in Ukraine. Given the current indicators of public confidence in the judiciary, it can be argued that the institution of public service in the judiciary is purely formal, and therefore this issue is relevant and needs to be addressed as soon as possible. In view of this, we believe that the introduction of the new Concept, which will consolidate the legal status of a judge as a public servant of a court of general jurisdiction, will be the beginning of the real functioning of a judge of a court of general jurisdiction on the basis of public administration. The study revealed the general principles of organization and activity of judges of general jurisdiction courts in Ukraine. The legal status of judges is outlined and the key features of such status are identified. The existence of the “judge-public servant” model is substantiated. The study emphasizes that judges of courts of general jurisdiction directly implement the basic functions of justice, and the level of their legal status depends on the authority of the judiciary and the efficiency of justice in Ukraine. Courts of general jurisdiction are the main link of specialized courts for civil, administrative and criminal cases and are the closest to the population, and therefore, a clear definition of their legal status is now essential. It is suggested that under the public service in the judiciary of Ukraine, first of all, one should see politically neutral, professional activity of a judge in courts, judicial authorities and other state bodies of the justice system and institutions for organizing and ensuring the activities of courts and judges.

Free Movement and Discrimination: Evidence from Europe, the United States, and Canada

2013 ◽  
Vol 15 (1) ◽  
pp. 91-110 ◽  
Author(s):  
Willem Maas
Keyword(s):  
United States ◽  
European Union ◽  
International Migration ◽  
Mutual Recognition ◽  
The United States ◽  
Free Movement ◽  
The European Union ◽  
Good Test ◽  
The Right ◽  
The Eu

Abstract This article surveys some general lessons to be drawn from the tension between the promise of citizenship to deliver equality and the particularistic drive to maintain diversity. Democratic states tend to guarantee free movement within their territory to all citizens, as a core right of citizenship. Similarly, the European Union guarantees (as the core right of EU citizenship) the right to live and the right to work anywhere within EU territory to EU citizens and members of their families. Such rights reflect the project of equality and undifferentiated individual rights for all who have the status of citizen. But they are not uncontested. Within the EU, several member states propose to reintroduce border controls and to restrict access for EU citizens who claim social assistance. Similar tensions and attempts to discourage freedom of movement also exist in other political systems, and the article gives examples from the United States and Canada. Within democratic states, particularly federal ones and others where decentralized jurisdictions are responsible for social welfare provision, it thus appears that some citizens can be more equal than others. Principles such as benefit portability, prohibition of residence requirements for access to programs or rights, and mutual recognition of qualifications and credentials facilitate the free flow of people within states and reflect the attempt to eliminate internal borders. Within the growing field of migration studies, most research focuses on international migration, movement between states, involving international borders. But migration across jurisdictional boundaries within states is at least as important as international migration. Within the European Union, free movement often means changing residence across jurisdictional boundaries within a political system with a common citizenship, even though EU citizenship is not traditional national citizenship. The EU is thus a good test of the tension between the equality promised by common citizenship and the diversity institutionalized by borders.

the wishes of the Government expressed in the form of legislation, or the extent to which it can interfere with the pursuit of those wishes. Until now it has been a commonplace of political thought that although the United Kingdom might not have a written constitution its unwritten constitution was nonetheless based on fundamental principles. Amongst these principles were the sovereignty of Parliament and the Rule of Law. The centrality within the United Kingdom constitution of the doctrine of Parliamentary sovereignty has traditionally meant that Parliament can make such law as it determines, but the validity of such an interpretation has been questioned by some. The justifications for such challenges to absolute Parliamentary sovereignty are based on the United Kingdom's membership of both the European Union and the Council of Europe with the implications of higher authorities than Parliament, in the former's legislation and the latter's endorsement of inalienable individual rights. As for the Rule of Law, although it is a notoriously amorphous concept, it has provided the courts with scope for challenging the actions of the executive and, indeed, to a more limited degree, the legislature. The mechanism through which the courts have previously exercised their burgeoning constitutional and, by definition, political role is judicial review by means of which they have asserted the right to subject the actions and operations of the executive to the gaze and control of the law in such a way as to prevent the executive from abusing its power. However, such power has been greatly extended by the enactment of the Human Rights Act (HRA) 1998. The Act only came into effect in October 2000 so the question remains as to how the courts will use the powers given to them under that Act. The remaining articles in this chapter will consider the wider political context within which the judiciary operate as well as focusing on the Rule of Law and the HRA 1998. In an article 'Law and democracy', published in the Spring 1995 edition of Public Law, Sir John Laws, Justice of the High Court, Queen's Bench Division, considered the appropriate role of judges within the constitution from the perspective of the judge (footnotes omitted).

2012 ◽  
pp. 54-65
Keyword(s):  
United Kingdom ◽  
Rule Of Law ◽  
The European Union ◽  
The Rule Of Law ◽  
Political Role ◽  
The United Kingdom ◽  
Parliamentary Sovereignty ◽  
The Government ◽  
The Right ◽  
And Control

Развитие института взаимного признания и исполнения судебных решений в странах Европейского Союза

2019 ◽  
Vol 2 ◽  
pp. 71-86 ◽  
Author(s):  
Elena Maystrovich ◽  
Elena Kucheryavaya
Keyword(s):  
European Union ◽  
Mutual Recognition ◽  
Point Of View ◽  
Current Status ◽  
Access To Justice ◽  
Mutual Trust ◽  
The European Union ◽  
Procedural Law ◽  
Recognition And Enforcement ◽  
The Right

The free movement of judicial decisions on the territory of the European Union presupposes a high level of mutual trust between the judicial bodies of the Member States. From the citizens’ point of view, the key issue is the balance between the rights of the plaintiffs and the defendants, i.e. the right to access to justice (to sue) and the right to defence. Mutual trust between the judiciary can be built in various ways. Firstly, through the creation of a unified European procedure in the form of additional tools held before the adjudication and based on the general rules of procedure. Secondly, through sectoral harmonisation of procedural law within the framework of solving individual issues in accordance with a step-by-step approach. Thirdly, it is necessary to create common standards, in the form of principles and rules, regulations and directives. The Author in this article analyses the main ways of creating uniformity of norms applied in the territory of the European Union, the most suitable for the institution of mutual recognition and enforcement of judgments. The process of legal development of the institution of mutual recognition and enforcement of judgments and its current status are considered.

scholarly journals Comparative Legal Analysis of the Legislation of Labor Protection in Construction Using the Example of the EU, Azerbaijan and Ukraine

2018 ◽  
Vol 7 (3.2) ◽  
pp. 54
Author(s):  
Volodymyr Bozhko ◽  
Inna Kulchii ◽  
Joanna Szydło
Keyword(s):  
Professional Activity ◽  
Small Scale ◽  
Labor Protection ◽  
Legal Analysis ◽  
The European Union ◽  
Construction Sites ◽  
Council Directive ◽  
Safety And Health ◽  
The Right ◽  
The Eu

The present article deals with the legislation on labor protection in the construction of the European Union and compares it with the law ofUkraineandAzerbaijan. The main focus of the paper is on Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile construction sites. Comparing its content with the legislation on labor protection at the construction sites ofUkraineandAzerbaijan, the authors conclude that the guarantees of the right to labor protection in the EU cover a much wider range of subjects than in other states. This is due to the fact that the term «worker», in accordance with the case-law of the Court of Justice, covers persons who performs  services for and under the direction of another person; pursues real, genuine activities, to the exclusion of activities on such a small scale as to be regarded as purely marginal and ancillary; in return for which he receives remuneration. In addition, guarantees of labor protection in the EU extend to the self-employed person, whose professional activity contributes to the completion of a project. Proposed ways to adapt Ukrainian and Azerbaijani legislation to EU law.  

scholarly journals Mutual recognition in criminal matters, deprivation of liberty and the principle of proportionality

2018 ◽  
Vol 25 (6) ◽  
pp. 718-732
Author(s):  
Leandro Mancano
Keyword(s):  
Mutual Recognition ◽  
Eu Law ◽  
The European Union ◽  
Judicial Cooperation ◽  
European Arrest Warrant ◽  
Principle Of Proportionality ◽  
The One ◽  
The Right ◽  
Criminal Matters ◽  
The Eu

This paper argues that the application of mutual recognition to judicial cooperation in criminal matters within the European Union (EU) imposes a redefinition of the right to liberty to adjust the latter to the peculiarities of the Union legal order. The article emphasizes the important role that the principle of proportionality in EU law can have for improving the protection of the right to liberty. The two main scenarios of this research are analysed against the different understandings of proportionality: on the one hand, the European Arrest Warrant Framework Decision and the interpretation of the EU Court of Justice; on the other, the three Framework Decisions on transfer of prisoners, probation measures and pre trial measures alternative to detention. The conclusions reveal that, despite the increasing attention paid to proportionality in relation to the right to liberty in mutual recognition, the potential offered by EU law to better protect the right to liberty is still underexploited.

scholarly journals The Right to Liberty in European Union Law and Mutual Recognition in Criminal Matters

2016 ◽  
Vol 18 ◽  
pp. 215-238 ◽  
Author(s):  
Leandro MANCANO
Keyword(s):  
European Union ◽  
Mutual Recognition ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Judicial Cooperation ◽  
European Arrest Warrant ◽  
Current Content ◽  
The Right ◽  
Criminal Matters

AbstractThis article analyses the interaction between the application of mutual recognition in criminal matters and the right to liberty. The main argument is that the current content of the right to liberty in EU law is unsuitable for mutual recognition procedures. As for the structure of this article, firstly, the main features of mutual recognition as a method of inter-state cooperation in criminal matters are outlined. Secondly, the approach of the European Union (especially the Court of Justice) to the right to liberty is clarified. Thirdly, four mutual recognition instruments are analysed in light of the right to liberty: namely, the Framework Decisions on the European Arrest Warrant; the Transfer of Prisoners; the Probation Measures; and the European Supervision Order (ESO). The assessment confirms that the higher level of automaticity in judicial cooperation introduced by mutual recognition requires a rethink of the existing understanding of the right to liberty in EU law.

scholarly journals EUROPEAN EXPERIENCE OF LEGAL REGULATION OF ATTORNEY PROFESSIONAL ETHICAL BEHAVIOR

2019 ◽  
pp. 173-177
Author(s):  
Ya. V. Fliazhnikova
Keyword(s):  
Professional Competence ◽  
Legal Regulation ◽  
Law Firms ◽  
The European Union ◽  
Code Of Practice ◽  
European Experience ◽  
Protection Of Human Rights ◽  
The Government ◽  
The Individual ◽  
The Right

The European experience in the legal regulation of the lawyer’s professional ethical conduct is important and necessary for any civilized community. Its positive characteristics can be useful for reforming the current legislation of Ukraine and further scientific research. Since the profession of lawyer is designed as a benchmark for the protection of human rights in relations with the government, the existence of clear standards of attorney ethics that meet the generally recognized world standards – is a necessary prerequisite for the effectiveness of the advocacy as such. It is Europe’s universally recognized values, such as the right to life, liberty and security of person, property, fair trial and others, that will only be true values if they can be protected in a civilized legal way. The article reviews the work of the eminent lawyer M. Mollo “Rules of the Bar in France” which outlines important and necessary professional personal requirements that a lawyer in a modern democratic society must meet. The individual provisions of the German Bar, which is an independent organization in the justice system, are examined. The German Bar system allows attorneys to practice law virtually as free entrepreneurs. Moreover, it is determined that the practice of advocacy in Germany contains a lot of innovations, first of which is its concern with countries that are members of the European Union. It should be noted that the author has suggested the first step for Ukraine – based on the experience of Germany – is to establish a single minimum tariff, which would be used by both law firms and individual lawyers. Based on the review of the provisions of the General Code of Practice for EU lawyers, an important next step for Ukraine has been identified is the rules on professional insurance. Attorneys should always be insured against unfounded claims that are related to insufficient professional competence, and the size of the insurance should be set within reasonable limits. It is important to note that the laws of other European countries trace the principles of the autonomy of the legal profession, independence, exclusivity, self-government and self-financing.

scholarly journals Pojęcie współmałżonka w prawie unijnym – uwagi na tle orzeczenia w sprawie Coman (C‑673/16)

Politeja ◽  
2020 ◽  
Vol 17 (3(66)) ◽  
pp. 103-117
Author(s):  
Ewa Kamarad
Keyword(s):  
European Union ◽  
International Law ◽  
Mutual Recognition ◽  
Private International Law ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
The Right ◽  
First Time ◽  
The Eu

The Term ‘Spouse’ in EU Law – Comments on the Judgment in the Coman Case (C‑ 673‑16) The paper concerns the judgment of 5 June 2018 issued by the Court of Justice of the European Union in the Coman case (C‑673‑16), in which the Court for the first time defined the term ‘spouse’ for the purpose of Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. It discusses the consequences of the judgement and its relation to the traditional mechanisms of private international law and the EU principle of mutual recognition.

scholarly journals Multilingualism as a Principle of the EU Court of Justice

2014 ◽  
pp. 245-252
Author(s):  
K. Kh. Rekosh
Keyword(s):  
Mutual Recognition ◽  
The European Union ◽  
Law And Order ◽  
Criminal Proceedings ◽  
Legal Concept ◽  
Court Of Justice ◽  
Discourse Relations ◽  
Official Languages ◽  
The Right ◽  
The Eu

Since the jurisprudence reflects relations between the institutions, bodies and organizations of the EU and native speakers, the EU Court of Justice plays a huge role in shaping the legal discourse. Relations between the EU and citizens show the effectiveness of the principle of multilingualism, that is apparent before the Court. The enlargement of the Union to 28 member States and, accordingly, the increase of the number of official languages to 24 complicate the implementation of the principle of multilingualism and create many problems for the EU Court of Justice: legal, linguistic, budget, translation. All documents of the Court are not translated into 24 EU official languages completely and often limited to summaries. All documents are translated only into French and proceeding languages, for the scale of the translation work have a direct impact on the timing of legal proceedings. To provide help in written translations, much work is carried out in the Court on drawing up dictionaries, thesauri, where multilingualism is fully manifested. On the use of languages and language regime, There is an extensive legal practice, however, the term «multilingualism» is not used by the Court, despite the recognition of the principle of equality of all official languages, perhaps, due to the fact that the Court itself not always follows it. The article shows that multilingualism as a legal concept and principle opens up, sometimes adjacent to the already distinguished objects of regulation, new areas of legal research. Comparison of legal solutions to the problems of multilingualism in different states with a variety of languages, law and order, or in international organizations, lays basis of "comparative linguistic law" Now in the doctrine of law of the European Union neither the linguistic law, nor the comparative linguistic law do not exist, but to provide cooperation in the field of justice and mutual recognition of judicial decisions on the basis of the principle of multilingualism, the EU has adopted the Directive on the right to interpretation and translation in the framework of criminal proceedings.

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