scholarly journals Electronic commerce and its regulation in the European Union and China

2021 ◽  
Vol 7 (Extra-B) ◽  
pp. 37-46
Author(s):  
Lin Peiyuan

The article provides a statistical analysis of the trends in the development of e-commerce in the world in general and in China in particular, a comparative legal analysis of the system of legal regulation of key aspects affecting the functioning of e-commerce in the European Union and in the People’s Republic of China (further PRC). The research methodology is based on a systematic approach and includes the methods of the general scientific group (analysis, synthesis, induction, deduction), as well as special methods: statistical analysis, content analysis of scientific literature on the research topic, the method of comparative legal analysis. As a result of the study, the author came to the conclusion that the legislation of China and the European Union regarding the regulation of e-commerce is aimed at fundamentally different goals: in the EU, legislation is aimed at protecting private transactions and trade, and for China, the priority is the development of legal norms that allow the state as much as possible control electronic commercial flows and procuring a cybersecurity in e-commerce sector.

2020 ◽  
Vol 24 (2) ◽  
pp. 335-352 ◽  
Author(s):  
Elena P. Ermakova

The article is devoted to the analysis of the legal regulation of green financing in the European Union, China and Russia. It has been substantiated that a harmonious and completed system of regulatory regulation of green financing has not yet developed either in the PRC or the EU. In this regard, a comparative analysis of the above issues is of particular importance. The purpose of this article is to form an understanding of the legal framework for green finance in the European Union, China and Russia based on an analysis of regulatory acts and scientific sources. The following methods have been applied: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Private scientific methods employed in the work are legal-dogmatic and the method of interpretation of legal norms. Results: the study showed that green financing refers to financial transactions that support the transition to an economy with low carbon emissions and the fight against climate change. In recent years, China has been the leader in green financing, accounting for 28%, or $ 32 billion, of green bonds issued in 2018. Conclusions: In the PRC, the concept and foundations of the legal regulation of green finance are enshrined in the 2016 Guide to Creating a Green Financial System. The main elements included in the concept comprise: 1) pilot areas of green financing, 2) green loans, 3) green funds and public-private partnerships; 4) green securities; 5) green insurance; 6) environmental credit trading; 7) environ-mental risks. The European Union also strives to be a global leader in the fight against climate change. A number of EU regulations and directives regulate various aspects of green financing. On December 11, 2019, the European Commission introduced the European Green Deal, a new concept for economic growth aimed at making Europe the first climate neutral continent. The most ambitious draft of this program is the development of a pan-European climate law (climate code), a draft of which is due in March 2020. Russia is still lagging behind world leaders on the regulatory regulation of green financing, but the first steps in this direction have already been taken. The study was prepared with the financial support of the Russian Federal Property Fund in the framework of the scientific project No. 20-011-00270 "а" (Scientific adviser - E.E. Frolova).


2021 ◽  
pp. 66
Author(s):  
Viktoriia Adamyk ◽  
Anastasiia Poritska

Introduction. The development of online commerce, which is gradually displacing the traditional one, is a clear trend of global economic transformations. Key aspects of e-commerce, such as online transactions, privacy and consumer protection, and customs clearance, need to be regulated at the international and national levels.The purpose of the article is to study the development of e-commerce in retail goods in the XXI century. in the context of assessing the completeness and effectiveness of international and domesticResearch methods. General scientific and special methods were used to study the legal aspects of e-commerce regulation, namely: analysis and synthesis, induction and deduction, abstraction and concretization, description, characterization, generalization, comparison. The methodological basis for the study was international regulations (UN Laws, European Union Directives, Acts of International Organizations) and a list of laws of Ukraine on the regulation of the electronic sphere.Results. The analysis of indicators of e-commerce development on the world market is carried out, its rapid dynamics is pointed out. International initiatives to regulate e-commerce are considered. A comparison of aspects of legal regulation of e-commerce in Ukraine and the European Union is carried out. Conclusions are made on the completeness and degree of maturity of the institutional base. Emphasis was placed on the need to strengthen regulatory mechanisms in the field of e-commerce in order to create a modern institutional system adapted to the global and European.Perspectives. It is important to focus future research on the development of guidelines for determining the effectiveness of the implementation of initiatives to regulate e-commerce at the domestic and global levels.


2021 ◽  
Vol 118 ◽  
pp. 02012
Author(s):  
Oksana Nikolaevna Golovchenko ◽  
Anastasiya Plotskaya

The purpose of the study is a legal analysis of the current supranational tax legislation of the Eurasian Economic Union and European Union integration associations. Special methods of cognition were used in the furtherance of this goal: historical and legal analysis, formal legal method, comparative legal method, the method of legal modeling, the method of interpreting legal norms, which made it possible to identify the existing problems and determine the ways and means of their elimination as well as to determine the differences in approaches in the construction of the European and Eurasian economic integration. Moreover, the methodological basis of the study was formed by general scientific methods of cognition: the dialectical method, which made it possible to reveal the integrity and consistency of legal phenomena; the method of generalization, allowing to draw conclusions as a result of generalization of the data obtained; the comprehensive research method, allowing to consider the theoretical and practical foundations of the process of harmonizing national tax legislation in conjunction. The result of the study was the identification of similar and different concepts for the implementation of supranational policy in the tax systems of the Eurasian Economic Union and European Union countries, aimed at deepening Eurasian and European economic integration, as well as the identification of the trends in the development of harmonization of the national tax legislation of the European Union member states for their subsequent implementation into the tax legislation of the Eurasian Economic Union integration association member countries. The novelty of the study lies in the very formulation of the problem, as well as in the fact that these legal relations incite the states to take actual measures and find new solutions aimed at increasing the country’s economic indicators and potential.


2021 ◽  
Vol 7 (2) ◽  
pp. 331-335
Author(s):  
Ammar Habbabh ◽  
Olga Mikhailovna Mescheryakova

The authors pursue the aim to study the formation, evolution and regularities of the Common Foreign and Security Policy of the European Union, as well as the European Union diplomatic service.  The methodological basis of this study consists of historicism, systematism, analysis, statistics and comparative jurisprudence. The author's position is based on the legislation and ideas of representatives of the competent scientific community on the issue of common foreign and security policy of the European Union, the regularities of its improvement and development. On the basis of the legal analysis of the European Union law the differentiation of the characteristic features of its foreign policy is carried out as well as issues of legal regulation of the diplomatic service are raised. As a result of the study the significance of the right choice of organizational and legal forms of development of any sphere of the integration process and, in particular, common foreign and security policy, not only for its effective functioning, but also for further progressive development of the integration process as a whole has been revealed.


2018 ◽  
Vol 18 (2) ◽  
pp. 134-151
Author(s):  
Andrea Circolo ◽  
Ondrej Hamuľák

Abstract The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The ques­tion of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adop­tion of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was intro­duced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Energy Community. The presented paper offers an analysis of different variations of the interpretation and solution of the problem. It´s based on the independent solution thesis and therefore rejects an automa­tism approach. The paper and topic is important and original especially because in the multitude of scholarly writings devoted to Brexit questions, vast majority of them deals with institutional questions, the interpretation of Art. 50 of Treaty on European Union; the constitutional matters at national UK level; future relation between EU and UK and political bargaining behind such as all that. The question of impact on withdrawal on Euratom membership is somehow underrepresented. Present paper attempts to fill this gap and accelerate the scholarly debate on this matter globally, because all consequences of Brexit already have and will definitely give rise to more world-wide effects.


Author(s):  
Oleksandr Malashko ◽  
◽  
Serhii Yesimov ◽  

The article examines trends in the development of legal regulation of information security in Ukraine in the context of the implementation of the Association Agreement between Ukraine and the European Union. The current information legislation and regulations on information security are analyzed. The tendencies in the legal regulation of information security that took place at the initial stage of the formation of information legislation are revealed. Based on the factors that took place before the adoption of the Doctrine of information security of Ukraine, the laws of Ukraine “On the basic principles of ensuring the cybersecurity of Ukraine”, “On the national security of Ukraine”, in the context of the current legislation, based on the methodology of legal forecasting, it is concluded that in the future the development of normative legal information security will be developed on the basis of by-laws, mainly at the departmental level.


2020 ◽  
pp. 97-105
Author(s):  
Aleksandra Kusztykiewicz-Fedurek

Political security is very often considered through the prism of individual states. In the scholar literature in-depth analyses of this kind of security are rarely encountered in the context of international entities that these countries integrate. The purpose of this article is to draw attention to key aspects of political security in the European Union (EU) Member States. The EU as a supranational organisation, gathering Member States first, ensures the stability of the EU as a whole, and secondly, it ensures that Member States respect common values and principles. Additionally, the EU institutions focus on ensuring the proper functioning of the Eurozone (also called officially “euro area” in EU regulations). Actions that may have a negative impact on the level of the EU’s political security include the boycott of establishing new institutions conducive to the peaceful coexistence and development of states. These threats seem to have a significant impact on the situation in the EU in the face of the proposed (and not accepted by Member States not belonging to the Eurogroup) Eurozone reforms concerning, inter alia, appointment of the Minister of Economy and Finance and the creation of a new institution - the European Monetary Fund.


2019 ◽  
Vol 67 ◽  
pp. 06026
Author(s):  
Oleksii Klok ◽  
Olha Loseva ◽  
Oleksandr Ponomarenko

The article studies theoretical and methodological bases of the strategic management of the development of administrative territories, considers the essence of strategic management and formulates the advantages of using it in management of administrative territory. Based on the analysis of the key provisions of the EU regional policy, the strategy of “smart specialization” is considered as the most common approach to territorial development. Using the experience of the countries of the European Union as a basis, a BPMN diagram, describing the conceptual bases for the formation of a competitive territory strategy, was built. Practical approaches to the formation of strategies for the development of administrative territories operating in Ukraine, regulatory acts, in particular, that had a direct impact on the formation of the existing model of strategic territorial management, were analyzed. The main requirements to the content of the strategic plan were considered and the list of key provisions and analytical methods (socio-economic analysis, comparative analysis, SWOT-analysis, PESTLE-analysis, sociological analysis) was formulated. Using the comparative legal analysis of the experience of the European Union as a basis, a number of features can be highlighted that must be taken into account in the process of forming the administrative territory development strategy.


2019 ◽  
Vol 11 (12) ◽  
pp. 3265 ◽  
Author(s):  
Anca Mehedintu ◽  
Georgeta Soava ◽  
Mihaela Sterpu

In this paper we study the evolution of remittances and risk of poverty threshold for nine emerging countries in the European Union and analyzed the evolution and trend of the share of remittances in the risk of poverty threshold. The analysis was performed on data taken from the Eurostat database for the period 2005–2017. The statistical analysis of the data showed that the evolution of both remittances and risk of poverty threshold was heavily influenced by the global economic crisis. Although after the crisis, the risk of poverty threshold has seen a growing trend in all emerging countries, the remittances have experienced sinuous variations, dramatic declines for some of the countries (drastically for Romania and Latvia) and significant increases for others (Hungary). The results of the analysis using time-dependent regression models lead to the conclusion that, although the share of remittances in risk of poverty threshold diminished abruptly after the 2009 economic crisis, in the short term it is expected to maintain a growth trend for most of the analyzed countries (Bulgaria, Czechia, Hungary, Lithuania, Poland, Romania, and Slovakia), followed downward tendency after 2018 for Bulgaria and Romania, and after 2020 for Hungary and Lithuania. For Latvia and Estonia, both quadratic and cubic models estimate a decreasing evolution.


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