scholarly journals PROBLEMS OF ADAPTATION OF UKRAINIAN LEGISLATION TO EU LEGISLATION

10.23856/2704 ◽  
2018 ◽  
Vol 27 (2) ◽  
pp. 37-43
Author(s):  
Vladyslav Yamkovyi ◽  
Oleh Stets

The article is concerned with the problems of adaptation of Ukrainian legislation to the legislation of the EU member states as well as the modern problems on the way of harmonization of the national legislation in order to bring it in line with European legal norms and standards


Author(s):  
Viktor Boiko ◽  
Mykola Vasylenko ◽  
Serhii Kukharenko

The article deals with the issues of establishing cybersecurity in the EU and its member-states at the legislative level as viewed from the point of a systematic approach. The authors identified problematic aspects of improving cybersecurity quality and conditions. They analyzed the impact of the EU member states legislation on cy-bersecurity. The article as well considers the process of ICT development and pre-sents the ways of creating new challenges by means of new technologies. Key words: cybersecurity, cyber resilience, regulatory instruments, EU legislation, innovations.



2020 ◽  
Vol 9 (1) ◽  
pp. 406
Author(s):  
Sergiy Dubchak ◽  
Valentyna Goshovska ◽  
Volodymyr Goshovskyi ◽  
Oleksandr Svetlychny ◽  
Olena Gulac

The article is devoted to the analysis of legal regulation of the sphere of nuclear safety and security of Ukraine on the way to European integration. The authors drew attention to the importance of Ukraine achieving the necessary level of and nuclear sefaty and security adopted in the EU member states. The emphasis was placed on the fact that the prospects for fulfilling national obligations in the field of nuclear safety in accordance with European standards directly depend on solving the problems of ensuring the functioning of nuclear facilities, the physical protection of nuclear materials and installations as well as radioactive waste management. The main directions of ensuring the nuclear safety and secutiry in the world within the international law are considered. The role and activities of the International Atomic Energy Agency (IAEA) in setting up a regulatory framework for nuclear safety and security are analyzed. The international legal framework for nuclear safety and security was discused.The legislative basis for nuclear safety and secutiry in the EU IS characterized. The issue of legal norms unification in the field of nuclear safety regulation of EU member states was considered. The principles of legal regulation of nuclear a safety and security in Ukraine are characterized. Key words: nuclear safety, nuclear security, public administration of nuclear safety and security, legal regulation of nuclear safety and security, European integration, sustainable development in the field of ensuring nuclear safety and security. UDC 35:574:339.9:349.6        JEL Classification: K 23, K 32, K 33,  Q 5



2018 ◽  
Vol 25 (1) ◽  
pp. 108-117
Author(s):  
Evgenia Kokolia

SOLVIT is an informal out-of-court dispute-resolution tool between the EU Member States and Norway, Lichtenstein and Iceland to practically help citizens and businesses when encountering problems in cross-border situations with their rights enshrined in EU legislation. In light of the recently adopted Commission Communication on the reinforcement of SOLVIT, 1 the authors analyse its key characteristics and challenges. The authors concludes that an enhanced role of SOLVIT can efficiently promote a culture of compliance and smart enforcement of EU law in the Single Market together with the Member States.



2020 ◽  
Vol 59 (3) ◽  
pp. 487-494
Author(s):  
David Lewis

This Resolution was adopted in October 2019 following a report of the Committee on Legal Affairs and Human Rights. It has to be seen in the context of previous Council of Europe activity on this topic as well as the European Union (EU) Directive on the protection of persons who report breaches of Union law. The content of the EU Directive was agreed earlier in 2019 and EU Member States are obliged to transpose it into national legislation by December 2021.



Teisė ◽  
2021 ◽  
Vol 121 ◽  
pp. 135-147
Author(s):  
Sviatoslav Kavyn ◽  
Ivan Bratsuk ◽  
Anatoliy Lytvynenko

This article is devoted to the study of information security in the EU member states, in particular Germany and France, in the context of the analysis of their national legislation, state, national programs and regulations. Particular attention is paid to the study of the features of regulatory and legal security of information security of Germany and France in the context of the study of their national legislation in terms of economic security as an inherent component of national security. In the course of this study the peculiarities of the functioning of the institutional and legal mechanism of cyber defense in the context of the multi-vector system of international security and legal regulation of international cooperation are analyzed. The article substantiates the expediency of developing an integrated, coordinated information policy of the EU member states in order to unify approaches to information security.At the same time, the current realities of European Union policy require comprehensive research in the context of ensuring national interests, developing effective mechanisms for protecting the information space, and legal mechanisms for shaping the economic system as a strategic factor of national security. Accordingly, the approaches to information security adopted in the European Union are currently not unified due to the geopolitical specifics of the EU’s countries. Therefore, the research, evaluation, and implementation of the positive experience of Germany and France in this area, according to the authors, is important in building the information security system of the European Union in the context of reliable protection against cyber threats.



2021 ◽  
Vol 25 (1) ◽  
pp. 63-83
Author(s):  
Adam A. Ambroziak ◽  

The COVID-19 pandemic has been an extraordinary event for the EU Member States and a period wherein EU legislation and the efficiency of EU institutions have been put to the test. The crisis triggered by the decisions made by governments in Europe (which were motivated by their wishes to protect the health and lives of their peoples and to satisfy the rapid demand for drugs, personal protective equipment, and medical devices) disrupted market forces. Although most of these measures were based on both domestic and EU legislation, they seriously hindered the smooth functioning of the EU Single Market, including the free movement of goods. This paper aims to find out whether EU legislation succeeded in coping with the challenges triggered by COVID-19 in the field of international trade and whether measures taken by the European Commission with a view to complying with the rules of the EU Single Market adequately took care of the needs stemming from the COVID-19 outbreak and whether it properly tackled protectionist instruments adopted by the Member States. We have focused on international trade and the free movement of goods within the EU as they both constitute the cornerstone of EU economic integration. We found that although EU legislation was not tailored specifically for the times of a COVID-19 pandemic, in the area of international trade (including intra-EU trade), as well as in the field of placing goods on the market, it provided extraordinary solutions. Apparently, the explanations and guidelines provided by the Commission have limited the scope of individual protectionist and interventionist actions of the Member States.



2021 ◽  
pp. 95-117
Author(s):  
Małgorzata Wróblewska

The WTO, which is composed of 164 Member States at different levels of development, currently plays an increasingly important role as a legal regulator on the global level. Simultaneously, the EU (which currently consists of 27 Member States) has introduced law at the regional level. Although these two organizations do have similarities, they also differ significantly from each other and in practice function in isolation. The WTO is an entity /with its own legal norms, whose aim is to support trade liberalization. On the other hand, the EU is notable for guaranteeing peace, promoting shared values and generating wealth for all EU citizens by means of its own norms. As the EU and its Member States are a State Party of the WTO, the legal regulations of the WTO are included in EU sources of law and are binding for all EU Member States. Thus, the relationship between the WTO and the EU is closely related. This contribution deals with the theoretical comparison between the EU and the WTO in the context of axiology, basic principles and human rights protection aspects. I am of the opinion that it is not justified to look at these organizations in a completely separate way but to identify their common features. The main aim of the contribution is to confirm the hypothesis whether the process of integrating their legal regulations is possible. To consider this issue the Author has divided this paper into three parts: an introduction, a study of the WTO, a study of the EU and a conclusion. The following research methods have been used: legal comparison, analytical and descriptive.



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.



2016 ◽  
Vol 30 (3) ◽  
pp. 664-684 ◽  
Author(s):  
Simon Lightfoot ◽  
Balázs Szent-Iványi ◽  
Kataryna Wolczuk

The accession of the East-Central European (ECE) countries carried a promise of enhancing and enriching the EU’s Eastern policy. The new member states had the strongest interests among EU member states to ensure that countries in the East are prosperous, stable, and democratic. Yet, the EU’s Eastern policy has been largely criticised for its ineffectiveness. So why have they not been able to address the shortcomings in the EU’s Eastern policies? The article argues that the ECE countries supported the way the EU’s Eastern policies were conceived and implemented because they saw it as a potent vehicle to promote their own transition experience not only in the region but also within the EU. We argue that the ECE states have experienced three types of challenges when promoting their transition experience. First, uploading to the EU level remained largely at a rhetorical level. Second, there are conceptual and practical difficulties in defining what constitutes transition experience and harnessing it, as well as coordinating its transfer between the ECE states. Finally, while using transition experience as the basis for their development assistance strategies, the ECE countries actually insufficiently conceptualised the “development” aspect in these policies. Being so driven by their own experience, they have not drawn the lessons from enlargement to use in a non-accession context, especially by incorporating the broader lessons with regard to development.



2015 ◽  
Vol 4 (1) ◽  
pp. 28-32
Author(s):  
Barbara Pavlíková

Abstract A present paper deals with the question very often solved by the pet owner all around the EU Member States. It provides a closer look at the obligations associated with the travelling with the pet animals between the Member States or between the Member State and the third countries. It is focused on non-commercial transportation of pets, as vacation, trip, etc. Contribution by the means of synthesis, analysis and comparison offers an overview of the fundamental EU legislative acts in the fi eld in question. It also addresses the issue of pet passports, the most important identifi cation document, required for pet animals at the EU territory. Defi nitions of the frequently used terminology are listed.



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