scholarly journals Harmonization of Legislation in the Field of Employment as a Means of Forming a Common Labour Market of the CIS Member States in the Context of the Eurasian Perspective

2021 ◽  
Vol 17 (3) ◽  
pp. 32-38
Author(s):  
E. E. Orlova
Keyword(s):  
Labor Market ◽  
Labour Market ◽  
Legal Regulation ◽  
Member States ◽  
National Legislation ◽  
Effective Functioning ◽  
Legal Space ◽  
The Common ◽  
The Creation

The article is devoted to the problems of harmonization of legal regulation in the field of employment of the population of the CIS member states in the context of the Eurasian perspective. The creation of a single legal space of the CIS member states contributes to the effective functioning of the common labor market, the structure of which will be determined by the harmonized, and in many parts unified national legislation of the CIS member states. The problem of harmonization of legal regulation in the field of employment of the population is considered in the context of solving a broader task: creating a single legal space of the common labor market of the CIS member states. The article analyzes the principles, levels, mechanism, stages of harmonization of legal regulation in the field of employment of the population of the CIS member states in the context of the Eurasian perspective.

scholarly journals On Legal Possibilities of Limiting Labor Migration within the Eurasian Economic Union: from Theory to Practice in Conditions of the COVID-19 Pandemic

2021 ◽  
Vol 1 (2) ◽  
pp. 77-85
Author(s):  
Dmitry V. Ivanov ◽  
Maria M. Levina
Keyword(s):  
Labor Market ◽  
Labor Migration ◽  
Union Member ◽  
Member States ◽  
Efficient Operation ◽  
National Legislation ◽  
Eurasian Economic Union ◽  
Coronavirus Infection ◽  
The Common ◽  
Economic Union

The article is focused on the study of the legal possibilities of restricting labor migration flows within the framework of the Eurasian Economic Union (hereinafter – the EAEU, the Union). Taking into account the fact that the deepening of the economic integration between the EAEU’s member states (Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia) also largely depends on the efficient operation of the common labor market, it is especially relevant to ensure that legislative measures aimed at overcoming the negative consequences of the spread of a new coronavirus infection (COVID-19) fully correspond to the legal conditions for its development. The analysis carried out by the authors is based on a two-level system of studying the relevant legal norms – the level of international treaties and acts that constitute the law of the EAEU, and the level of national legislation of the Union member states. Although Section XXVI of the Treaty on the EAEU secures the freedom of movement of labor in the Eurasian space, the norms of this agreement, however, provide for the possibility of introducing certain restrictions on admission to the common labor market of citizens of the Union member states. In view of the fact that the relevant provisions of the EAEU law were widely tested in practice in 2020, the authors consider them through the prism of those anti-crisis and stabilization measures that have been taken by the states in connection with the threat of further spread of the new infection. At the same time, the imposed restrictions are to be examined in this work with the use of a comparative method of analysis: to what extent the regulation of the legal status of citizens of the Union member states in the territories of the host state has been changed in the national legislation of the Union countries. In the final part of the present article, the authors assess the legal compliance of the taken measures with the statutory goals of the EAEU, as well as review the current problems in the further development of an agreed and effective system for regulating migration processes, given the actions of states to prevent the spread of coronavirus infection.

scholarly journals Obstacles to the formation of a common electricity market of the Eurasian Economic Union

2019 ◽  
Vol 114 ◽  
pp. 02002 ◽  
Author(s):  
Arthur Gibadullin ◽  
Valentina Pulyaeva
Keyword(s):  
Power Systems ◽  
Electricity Markets ◽  
Electricity Market ◽  
Electrical Energy ◽  
Legal Regulation ◽  
Member States ◽  
Eurasian Economic Union ◽  
The Common ◽  
Economic Union ◽  
The Creation

The current state of the economy and society is influenced by the global integration processes taking place in Eurasia - the creation of the Eurasian Economic Union, which should unite the markets for resources, goods and capital of the member states of the Eurasian Economic Union. One of the aspects of this process is the creation of a unified electricity market, which ensures free flow of electrical energy, free pricing and competition in the power industry. The purpose of this study is to study the degree of readiness of national energy systems for integration and to identify problems that impede the formation of the Common Electricity Market of the Eurasian Economic Union. The methods used were statistical analysis tools, a graphical method, comparisons and descriptions. The study was carried out on the basis of the use of information provided in the open access of the Eurasian Economic Union, national statistical services and energy companies. The authors have identified the main goals and objectives, as well as the requirements and expected results of the creation of the Common Electricity Market. As a result of the analysis of national power systems, a number of problems were identified that impede their convergence, including inconsistencies in the scale of production, various pricing mechanisms and electricity price regulation, differences in the energy balance of the Eurasian Economic Union member states, different levels of electricity prices, and a particular opinion Of the Republic of Belarus to the concept of market formation and the lack of unified borders of Armenia with other participating countries Union. The findings of the study indicate that by the stated date, namely July 1, 2019, the Common Electricity Market will most likely not be created for the reasons stated. To solve the identified problems, the authors propose several tools, one of the most important among them is the mechanism of regulatory and legal regulation of electricity markets at the national and supranational levels. Also, according to the authors, in the integration processes in the framework of the Eurasian Economic Union should consider the world experience of such political and economic associations.

scholarly journals Reserve capital as a tool for minimizing business risks in strategic management system: accounting aspect

2021 ◽  
pp. 34-39
Author(s):  
S.F. Lehenchuk ◽  
I.R. Polishchuk
Keyword(s):  
Economic Activity ◽  
Employee Motivation ◽  
Legal Regulation ◽  
Minimum Size ◽  
Net Income ◽  
Different Types ◽  
The Common ◽  
The Creation ◽  
Reserve Capital ◽  
Retained Earnings

The normative-legal regulation of accounting of formation and use of reserve capital is established. Legislative regulation of the minimum size of reserve capital for different types of companies has been clarified. For joint-stock companies, in contrast to other types of companies, the legislation provides for the possibility of reducing the minimum deductions (including up to 0 %) when the reserve capital reaches the minimum size. A statistical analysis of the structure of equity by type of economic activity is made. It is established that out of 15 types of economic activity, only three (agriculture, forestry and fisheries; education; provision of other services) have profitable activity. Profitable types of economic activity are characterized by the dominance of retained earnings or additional capital in the structure of equity, with reserve capital occupying a small share. The common features and differences of additional and reserve capital are established. Common one is the creation of various funds, the source of which is net income. A distinctive feature is the ability to use funds. Additional capital provides for the creation of a fund for the renewal of non-current assets, employee motivation, etc. and the use of funds for these needs. Unlike additional capital, reserve capital is formed to eliminate crisis moments in the enterprise, reaches a certain size and may not be used for years, because it has a clear purpose – to cover losses, pay dividends on preferred shares and guarantees to creditors in liquidation. The method of accounting of reserve capital, which allows distinguishing the minimum level defined by the legislation and the sum exceeding the minimum size is offered.

scholarly journals Creating common sense: getting NATO to Afghanistan

2021 ◽  
Author(s):  
Philipp Münch
Keyword(s):  
Common Sense ◽  
Practice Theory ◽  
Member States ◽  
The Common ◽  
The Creation

AbstractThis article raises the question of how NATO became bogged down in Afghanistan. I scrutinise how the alliance became involved in Afghanistan and how it formulated its strategy. In doing this, I follow the general premises of practice theory. However, instead of the common focus on diplomats and their everyday doings, this article suggests an approach that pays more attention to the structure of the field of positions. I demonstrate that the actions of permanently seconded representatives of member states and of NATO’s administrative cadre were crucial in drawing the alliance into Afghanistan. I argue that their actions significantly contributed to the creation of a fatal common sense: namely that the alliance had to become and remain engaged even in the absence of clear political goals. This provided the basis for a means-focused and endless mission.

scholarly journals НОРМАТИВНО-ПРАВОВЕ ЗАБЕЗПЕЧЕННЯ ІНФОРМАЦІЙНОЇ БЕЗПЕКИ В ДІЯЛЬНОСТІ СЛУЖБИ БЕЗПЕКИ УКРАЇНИ

2019 ◽  
Vol 82 (1) ◽  
pp. 169-177
Author(s):  
KHARCHENKO S.,
Keyword(s):  
Information Security ◽  
Mutual Influence ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
The Internet ◽  
National Legislation ◽  
Legal Provision ◽  
Current State ◽  
Hierarchical Levels ◽  
The Creation

Стаття присвячена питанням визначення сучасного станунормативно-правове забезпечення інформаційної безпеки в діяльностіСлужби безпеки України та формування пропозицій з йогоудосконалення. Дослідження правових актів національногозаконодавства дозволило виділити такі ієрархічні рівні правовогорегулювання організації забезпечення інформаційної безпеки в діяльностіСБУ: конституційно-законодавчий, міжнародний, підзаконний тавідомчий. Зазначені правові норми являють собою певну сукупність, хоч іне мають об’єктивно наданої їм систематизованої форми. Між циминормами наявні внутрішні правові зв’язки, вони взаємозумовлені іхарактеризуються взаємовпливом. На сучасному етапі більшнормативно опрацьованими є питання забезпечення кібернетичноїбезпеки. Водночас, сьогодні необхідно забезпечити закріплення у відомчійнормативній базі таких заходів як здійснення контролю у інтернетпросторі (проблема блокування сайтів) та створення інтегрованогобанку даних про загрози і небезпеки у сфері інформаційної безпеки вдіяльності СБУ. The article is devoted to the issues of identifying the current state of thenormative and legal provision of information security in the activities of theSecurity Service of Ukraine and the formation of proposals for itsimprovement. The study of legal acts of the national legislation allowed tospecify the following hierarchical levels of legal regulation of the organizationof ensuring information security in the SSU activities: constitutional andlegislative, international, sub-legislative and departmental. These legal normsrepresent a certain set, although they do not have a systematized form providedto them objectively. Between these norms there are internal legal relations;they are mutually interconnected and characterized by mutual influence. At thepresent stage, the issues of ensuring cybernetic security are more normativelyelaborated. At the same time, today it is necessary to ensure the consolidationin the departmental regulatory framework of such measures as theimplementation of control in the Internet space (the problem of blocking sites)and the creation of an integrated database of threats and danger in the field ofinformation security in the activities of SSU.

scholarly journals Regulatory and Legal Enforcement of Cyber Security in Countries of the European Union: The Experience of Germany and France

Teisė ◽  
2021 ◽  
Vol 121 ◽  
pp. 135-147
Author(s):  
Sviatoslav Kavyn ◽  
Ivan Bratsuk ◽  
Anatoliy Lytvynenko
Keyword(s):  
European Union ◽  
Information Security ◽  
National Security ◽  
Legal Regulation ◽  
Vector System ◽  
The European Union ◽  
Member States ◽  
National Legislation ◽  
Eu Member States ◽  
The Eu

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.

scholarly journals The acts of the EU tax law and double tax treaties: the problems of correlation in establishing anti-tax avoidance rules

2022 ◽  
Vol 5 (4) ◽  
pp. 175-186
Author(s):  
E. A. Ponomareva
Keyword(s):  
Tax Evasion ◽  
Legal Regulation ◽  
Tax Law ◽  
Eu Law ◽  
Tax Treaties ◽  
Member States ◽  
National Legislation ◽  
Tax Regimes ◽  
The Right ◽  
The Eu

The subject. The specifics of the functioning of tax systems and the risk of double taxation require a solution to the issue of whether tax competence can remain only at the national level. Modern cross-border tax relations operate within a multi-level system of legal regulation based on the norms of international, supranational and national lawThe difficulties of correlating these levels are rooted in the fact that, in accordance with international law, each State has the right to tax persons or transactions with which it has a sufficient connection. Different situations may occur when both countries believe that the taxpayer is their resident, or when each of them claims that the income was received in this state. States solve this problem both unilaterally with the help of national legislation, and on a bilateral basis with the help of a double tax treaty.With the adoption of the Action Plan aimed at combating the erosion of the tax base and the withdrawal of profits (hereinafter referred to as the BEPS plan) and the EU Council Directive 2016/1164 (ATAD), tax strategies for using gaps and inconsistencies in tax rules to artificially transfer profits to low-tax jurisdictions were limited.Purpose of the study. The article discusses possible scenarios arising from the interaction of tax agreements and acts of EU tax law. It is necessary to take into account the obligation of the Member States to eliminate inconsistencies between acts of national legislation and acts of EU law. Member States have committed to achieve this goal at the time of EU accession and, therefore, before the adoption of any secondary EU law.Methodology. The research was carried out with the application of the formally legal interpretation of legal acts as well as the comparative analysis of international and European legal literature. Structural and systemic methods are also the basis of the research.The main results. Due to the clear coordination between the European Union and the OECD of actions in terms of establishing common measures to combat tax evasion and focusing on the subjective element of assessing potential abuse situations, a new standard for combating tax evasion has been established.Сonclusions. The author comes to the conclusion that the priority of the EU law over DTTs has been established. However, Member States retain the right to establish their own tax regimes and enter into tax treaties, thereby creating conflicts in legal regulation. In order to be directly applicable, the norm of the treaty must be clearly and definitely formulated, as well as be unconditional and independent of any national implementation measures.National legislation provides measures to eliminate the legal multiple taxation only for its residents. On the other hand, with respect to tax agreements concluded with third countries, the predominance of one system over another depends on the specific scenario, and in some cases the result achieved is the result of interpretation of existing provisions. In particular, tax treaties should prevail only when concluded before a state joins the EU.

scholarly journals PROBLEMS OF LABOR LAW FORMATION IN THE FRAMEWORK OF EUROPEAN INTEGRATION

2021 ◽  
Vol 77 (4) ◽  
pp. 85-92
Author(s):  
Liubov Kotova ◽  
◽  
Victoria Tiutiunnyk ◽  
Keyword(s):  
National Level ◽  
Labor Law ◽  
Legal Regulation ◽  
Social Model ◽  
International Labor Organization ◽  
The European Union ◽  
Member States ◽  
National Legislation ◽  
International Labor ◽  
The Eu

European labor law as a supranational law of the member states of the European Union is interesting to consider its "pros" and "cons", which should be taken into account when reforming Ukrainian labor legislation. The article studies the main provisions of European labor law and the dynamics of changes in European labor law. Ukrainian labor law is national, European labor law is supranational in nature and is binding on any EU member state. The competence of the EU is delimited from the competence of the Member States, the principles of subsidiarity and proportionality are applied. The EU can only act within the limits agreed by the Member States. Labor law at the national level is formed independently by the state, the EU complements national legislation, primarily on the health of workers, working conditions, protection of workers in dismissal. Initially, European labor law was conceived as one of the tools for creating a common market that promotes gradual unification, dictated by economic integration and the political context. Then the European social model began to develop through the harmonization of national legislation to which the social partners are "tied". The process is carried out through the consolidation of fundamental social rights at the EU level, as well as through the use of flexible methods aimed at the approximation of national laws. EU labor law, like Ukrainian labor law, complies with all the basic principles and provisions of international labor law. To date, Ukraine has ratified 70 The International Labor Organization (ILO) conventions. Acts of EU law have supremacy over national law. Even if a state does not bring national legislation into line with the directive, its violation can be challenged in an EU court. Judges of national courts are in some cases directly required to seek interpretation of European law in the European Court of Justice in Luxembourg. In the article we consider the legal regulation of major issues in the field of labor: labor protection, an employment contract, working hours, leisure time, wages, protection of personal data of employees and social partnership.

Harmonization, Regulation and Legislative Competition in European Corporate Law

2002 ◽  
Vol 3 (12) ◽  
Author(s):  
Sebastian Mock
Keyword(s):  
European Community ◽  
Legal System ◽  
Corporate Law ◽  
Common Market ◽  
European Law ◽  
Member States ◽  
National Legal System ◽  
Key Factor ◽  
The Common ◽  
The Creation

The European Community is also a community of Law. Nevertheless the European Community is not focused on the creation of one European Law in contrast to the Laws of its Member States. Instead the European Community focuses on the harmonization of the national legal system only to the extent that is required for the functioning of the common market (art. 3 I h EC). The harmonization of Corporate Law (art. 44 EC) was regarded as a key factor of this process. As a consequence Corporate Law is one of the most harmonized legal fields in the European Community.

Sign in / Sign up

Export Citation Format

Share Document