APPLICATION OF SANITARY AND PHYTOSANITARY MEASURES IN UKRAINE ACCORDING TO THE INTERNATIONAL STANDARDS

Author(s):  
Nataliia Karpinska ◽  

The article focuses on the use of international standards in the application of sanitary and phytosanitary measures. A comprehensive analysis of scientific literature allows us to conclude that the problems of European integration were studied in the works of a number of domestic scientists. In their works they reach similar conclusions that national legislation should be updated as quickly as possible and adapted to the international legal obligations undertaken by Ukraine to the WTO and the EU in terms of aligning sanitary and phytosanitary requirements with international standards in this area. This fact, at the doctrinal level, recognizes the powerful impact of international law on the development of domestic agrarian legislation. Particular attention is paid to Chapter 4 "Sanitary and Phytosanitary Measures" of the Association Agreement with the EU and the Comprehensive Implementation Strategy of Chapter IV (Sanitary and Phytosanitary Measures) of Section IV "Trade and Trade-Related Issues" of the Association Agreement, which provides for measures to implement (total 70), terms of their preparation and implementation. Based on the analysis of the legal features of international standards in the field of sanitary and phytosanitary measures, the author identifies and reveals the content of such characteristic features as: the presence of a recommendatory nature; indirect action by making them the basis of national legislation; acting as an important tool for harmonization (or unification) of provisions of national legislation on the application of sanitary and phytosanitary measures; weak ability to influence the development and change of international standards in the field of sanitary and phytosanitary measures; presumptions of consistency of measures are applied taking into account international standards.

Author(s):  
Андрій Матвійчук

Сформульовано визначення поняття «міжнародна неурядова організація» (МНУО) як організоване об'єднання представників громадськості різних країн, створене відповідно до національного законодавства для досягнення цілей і завдань розвитку громадянського суспільства й міжнародних відносин, що діє відповідно до загальновизнаних принципів Уставу ООН і норм міжнародного права на території двох і більше держав і володіє консультативним статусом. З’ясовано, що видовими ознаками, які містять у собі: цілі й завдання, характер діяльності, форму організації, наявність консультативного статусу тощо визначається відмінність міжнародної НУО від інших суб'єктів міжнародних відносин. Такі родові ознаки (як от: факт об'єднання людей, наявність постійних органів управління, Статуту тощо) є загальними для всього класу (роду) організацій. Обгрунтовано, що МНУО як учасник міжнародних відносин, є суб'єктом міжнародного права, однак їх правосуб'єктність має функціональний характер, тобто обмежений її консультативним статусом. Продемонстровано, що МНУО є неофіційною сполучною ланкою між національними урядами й міжнародним співтовариством, беруть активну участь у розробці міжнародних стандартів, методів, моделей і співвідносять їхню національну значимість з міжнародно-правовою. Зазначається, що у національному законодавстві України спостерігається тенденція оптимальної розробки питань, що стосуються правового статусу МНУО з огляду на міжнародні принципи й стандарти. Водночас, не можна йти шляхом повного їхнього копіювання, оскільки держава, ґрунтуючись на своєму суспільно-історичному досвіді, досвіді функціонування правової системи, на існуючих суспільних відносинах і своїх національних інтересах, сама має право визначати правовий статус МНУО. Пропонується у змінах до закону «Про неурядові організації» відобразити основну ідею, яка полягає в тому, що неурядові організації є ядром громадянського суспільства, найважливішим фактором розвитку демократичної держави й міжнародних відносин, засобом реалізації громадянами своїх прав і свобод. Matviichuk Andriy V. Activities of international nongovernmental organizations in the legislative and legal space of Ukraine The definition of the concept of "international non-governmental organization" (international NGO) as an organized association of representatives of the public of different countries, formulated in accordance with the national legislation for the achievement of the goals and objectives of the development of civil society and international relations acting in accordance with the generally recognized principles of the Charter of the United Nations and the norms of international law on the territory of two or more states and has consultative status. It was found out that the specific features that include: goals and objectives, the nature of activity, the form of organization, the presence of consultative status, etc., is determined by the distinction of the international NGO from other subjects of international relations. Such generic attributes (such as the fact of association of people, the presence of permanent bodies of government, the Statute, etc.) are common to the entire class (kind of) organizations. It is substantiated that international NGO as a participant in international relations is a subject of international law, but their legal personality is functional, that is, limited by its consultative status. It has been demonstrated that the international NGO is an informal link between national governments and the international community and is actively involved in the development of international standards, methods, models and their national relevance with international legal law. It is noted that in the national legislation of Ukraine there is a tendency for the optimal development of issues related to the legal status of the international NGO, taking into account international principles and standards. At the same time, it is impossible to go through the full copying of them, since the state, on the basis of its socio-historical experience, the experience of functioning of the legal system, in existing social relations and its national interests, has the right to determine the legal status of the Ministry of the Interior. The proposed amendments to the law "On Non-Governmental Organizations" reflect the basic idea that non-governmental organizations are the core of civil society, the most important factor in the development of a democratic state and international relations, as a means of citizens' realization of their rights and freedoms.


2020 ◽  
Vol 22 (100) ◽  
pp. 108-115
Author(s):  
I. Berezovska

It is known that the food security of the state, aimed at providing the population with quality and healthy food, is an important component of economic security. Recent developments in the world and national security challenges posed by the Covid-19 virus pandemic necessitate a reassessment of approaches to the legal regulation of issues that significantly affect human health. Today, the reform of the relevant national legislation on FAR residues in food requires a systematic and holistic approach and the definition of its priorities in such a way as to promote food safety and the development of domestic business. The article is devoted to the analysis of the current Ukraine legislation concerning regulation of residues of veterinary medicinal products in foodstuffs of animal origin. It was shown that the formation of such legislation was due to the development of international trade, including the fulfilment of the European Union requirements for the safety of foodstuffs imported into its market. At the same time, the conclusion of the Association Agreement and the introduction of a Free trade zone with the EU was a significant impetus to the reforming of national legislation on residues. The analysis of EU regulations, which serves as a legal basis for the residues control at the EU level, was carried out. It is noted that today in the Ukrainian legislation, despite the introduction of annual national plans for state monitoring of residues of veterinary medicinal products and contaminants in live animals and unprocessed foodstuffs of animal origin, there are a number of gaps that require urgent legislative regulation. It was proved that the completion of the reform of the national legislation on residues will contribute to improving safety of domestic foodstuffs, and therefore, will have important positive consequences not only for the development of trade with the EU, but primarily for the food security of Ukraine and the protection of the health of Ukrainian citizens.


2019 ◽  
pp. 56-59
Author(s):  
T. O. Hubanova

The article analyzes the varieties of national education on the basis of the provisions of the legislation of Ukraine, taking into account the characteristics of the modern educational system of Ukraine. Attention is drawn to the fact that the establishment of the rule of law, implementation of international standards have led to the emergence of new educational institutions and innovativetrends in the education system, which requires appropriate theoretical substantiation and scientific research. The legislation of Ukraine establishes relatively new types of education that are subject to compulsory scientific characterization in order to understand their nature and content. It is noted that the legal and legal consolidation of three types of education at the legislative level: formal, nonformal, informal. The state recognizes these types of education, creates conditions for the development of educational entities that provide relevant educational services, and encourages the acquisition of education of all types. That is, it can be argued that the legislation establishes three independent, independent and distinctive types of education, which are equal but different in nature. It is proved that the isolation of these species, as well as their substantive content, is unconventional for the national legislation. Scientific positions concerning the concept, meaning, essence of information education are analyzed. It is noted that international and European regulations, as part of national legislation, have a significant influence on shaping the content of education in European countries. Within them, methodological guidelines for the formation of basic types of education are defined, the legal bases for providing such types of education are taken into account, taking into account socio-economic, political, technological changes for the spiritual and cultural development of society. The author’s definition of informal education is offered and a list of characteristic features is formulated.


Author(s):  
Anna Kochkova ◽  
Maryna Dei

The legal regulation of the work of judges is important at the international level, confirming the huge number of international legal acts regulating this issue. A number of important documents have been adopted at the regional level, namely under the auspices of the Council of Europe and the EU. The provisions of the Law of Ukraine “On Judiciary and Status of Judges” of 2016 are analyzed. The relations between Ukraine and the EU in the aspect of justice and judicial reform in accordance with the Association Agreement and the impact of such cooperation on the legislation of Ukraine are considered. We can argue for the unconditional influence of the rules of international law on the updated Law of 2016 in the context of a clear definition of the criteria for the selection of candidates for the post of judge. The article reveals the peculiarities of the influence of the international legal norms and standards of the Council of Europe and the EU in the matter of securing the labor rights of judges and regulating the issue of legal relations with judges. The article compares the compliance of Ukrainian legislation with international legal standards. In addition, the author proposes changes that need to be made to the legislation of Ukraine in order to ensure the protection of the labor rights of judges and increase the efficiency of the judicial system of Ukraine. Having considered violations of labor rights and court decisions on these issues, as well as norms of international law and legislation of European countries, the author proposes to introduce a number of important changes in Ukrainian laws. In particular, it is advisable to make changes to regulate the housing issue of judges by the selection of criteria that are put forward to a candidate for judicial office, recruitment procedures and grounds for dismissal of a judge for professional unfitness. Thus, all relevant changes will not only make adjustments to ensure the labor rights of judges and their protection to international law, but will also serve as additional grounds for maintaining the impartiality and efficiency of the judicial system in Ukraine.


10.12737/5284 ◽  
2014 ◽  
Vol 2 (8) ◽  
pp. 126-136
Author(s):  
Наталия Чуйко ◽  
Nataliya Chuyko

International legal standards along with norms and principles of international law recently take hold and gain more acceptance by the states. Strengthening of their role in the international law system is connected to the globalization processes of legal framework at the international level and the internationalization of rules at the national level. Orientation on the international standards in the sphere of food safety becomes more relevant in the light of Russia’s accession to the World Trade Organization due to the fact that regulation of multilateral food trade is not limited only to the set of WTO agreements but contains references to other international legal documents including the Codex Alimentarius Commission’s (CAC) standards. In spite of the fact that the CAC standards primarily serve as guidelines they acquire a special status within the WTO Agreement on the Application of Sanitary and Phytosanitary Measures. Russian Federation has a right to to take sanitary and phytosanitary measures necessary for the protection of human, animal or plant life or health, however the existing presumption of legitimacy of measures based on the CAC standards establishes a certain framework for their application.


2019 ◽  
pp. 358-366
Author(s):  
Tetiana IHNATENKO

The article examines the problem of protection of human rights in national and international law, which is the most important feature of civil society. Taking into account the importance of the area under study, as well as the importance of a clear settlement of relations regarding the observance of human rights in all spheres of life, the question of the relationship between the norms of national and international legislation in this area is acute. The purpose of the study is to determine the priorities between national and international legislation, as well as to establish the compliance of domestic norms designed to protect human rights with international legal standards. It has been established that the Constitution consolidates the priority of international instruments over national legislation that clearly defines the relationship and interaction of internationally recognized standards and principles with the relevant provisions of the current legislation of Ukraine in the sphere of protection of human rights and fundamental freedoms. This ensures that the participating countries comply with both their home-constitutions and international legal acts. Moreover, the level of global security depends on the level of correlation between the policies of individual states and the provisions of international legal norms. But the standards and principles of international law and international agreements of Ukraine may not be above the constitutional and are a part of the national system of law, which is based on the Constitution of Ukraine. In addition, international standards should not be perceived as immutable, since it may lead to a partial loss of the national identity of the legal system. Therefore, the perception of these international standards should take into account the traditions and specifics of the national legal system. The Constitution of Ukraine shall be a guarantor of preserving national identity in the process of implementation or reception of international standards. It is determined that international legal standards are the determining factor that determines the level of correlation of national legislation with the relevant international legal norms. International legal standards have been defined as the determining factor that reveals the correlation level of national legislation with relevant international legal norms.


2017 ◽  
Vol 13 (4) ◽  
pp. 62
Author(s):  
Tedoradze Irakli

The impregnable foreign policy of Georgia is to become a full and equal member of the world. Over the past decade the country has been actively trying to integrate into the European economy, to regulate and harmonize the legal space, which will help the state to become attractive both for the world community, as well as potential investors and significantly strengthen its position in the domestic economy. A step forward in this direction may be considered signing the EU association agreement. This event clears the way to Europe for the business of Georgia. Therefore, it is extremely important to establish the proven regulations of Europe and to develop the legal space in compliance with international standards. All of this, of course, require legislative changes within the country in terms of its development, improving and adaptation, especially civil, antitrust, antidumping and competition regulatory legislation.


2021 ◽  
Vol 9 (4) ◽  
pp. 99-127
Author(s):  
Gennadi Tolstopyatenko ◽  
Stanislav Ageev

This article is devoted to the roots of material and procedural legal problems arising in the course of the automatic exchange of information between the European Union (EU) and Russia. This matter is topical since automatic exchange of information is a method of cooperation between tax authorities from different countries that is new and rapidly developing. From our point of view, it is high time to discuss some of the legal problems that are inherent in automatic exchange of information. As far as we can see, the fundamental problems are: (1) th problem of choosing an appropriate legal basis for automatic exchange of information and (2) the problem of the international standards for automatic exchange of information developed by the Organisation for Economic Co-operation and Development (OECD) being implemented to differing extents in the national legislation of different countries. In this article we suggest ways of solving the aforementioned problems in order to make automatic exchange of information between the EU and Russia more comfortable at the intergovernmental level. The solution of these problems will help to concentrate on another issue – the problem of protecting taxpayers’ rights, primarily the right to confidentiality, which is beyond the scope of this article but still very important in the light of the enhancement of global tax transparency.


2020 ◽  
pp. 38-52
Author(s):  
Anna GLADSHTEIN

The paper is devoted to the study of national competition legislation of Ukraine in the scope of its convergence with EU Competition Law. The aims of the paper are (1) determination of named convergence between national legislation and EU Competition Law, (2) study of drivers of further adaptation of national competition legislation to the EU Law and (3) study of main legal constructions under the EU Competition Law as base line of transformation of Ukrainian competition legislation. In particular, the author studies means of adaptation of relevant legislation to EU Competition Law, common origins of national competition legislation and main legal constructions, used in national competition legislation (anticompetitive behavior, state subsidies etc.). It is stated, that due to adaptation process it had been done a series of steps, in particular, enactment of legislation towards unification matters of national competition legislation of Ukraine and EU Competition Law. The author noted that the one of the adaptation forms in relevant range is direct implementation of specified legal rules of EU Competition Law under the current legislation of Ukraine. In these circumstances rules aimed at implementation are specified under the Association Agreement between Ukraine and UE. The offered approach, even in the light of its efficiency, takes some legal risks. In particular, named risks arise from cases of laps of acts, which are aimed at implementation under the named Agreement. The author studies the most problematic spheres of national legislation adaptation to the EU Competition Law, in particular state subsidies and application practices of competition rules by relevant authorities (Antimonopoly Committee of Ukraine). The author noted not only the importance of EU Competition Law implementation, but also adjustment of national law of Ukraine with application practices of relevant rules under the EU Competition Law. Special attention of the author is devoted to existence of sufficient quantities of evaluation notions, which accept wide limits discretion for any state institution, which could appreciate relevant provisions. The author concluded, that existence of evaluation notions themselves do not necessarily mean some imperfections or lack of development degree of relevant legislation because of back up possibility provided by unsuitable definitions or heavily regulation. It is stated that sufficient quantities of evaluation notions shall not result in legal regulation as potential negative consequences shall be resolved under the correction of law application practices.


2021 ◽  
Vol 39 (6) ◽  
Author(s):  
Oksana Vaitsekhovska ◽  
Nataliia Iakymchuk ◽  
Yuri Shchokin ◽  
Nataliia V. Vorotina ◽  
Nataliia M. Korchak

Nowadays, one of the reasons for the ineffective fight against corruption in the budget system is certain discrepancies and inconsistencies between the legal components of the mechanism for countering this anti-social phenomenon. The lack of a clear definition of the limits of competence of participants in the budget process, discretionary powers in the distribution and expenditure of budget funds, conflicts in budget legislation, and the lack of real competition in the field of public procurement clearly form the main corruption risks for all participants in these legal relations. The purpose of the study was to analyse the international legal mechanisms for combating corruption and find ways to implement them in Ukrainian legislation. The development of the national anti-corruption policy of Ukraine in the public sector as a subject of international anti-corruption law is determined by a number of the following national and external factors: 1) Ukraine's accession to the universal and regional conventions on combating corruption, compliance with which constitutes the main prerequisite for Ukraine's entry into the global space; 2) Ukraine's implementation in national legislation of anti-corruption international standards developed by international intergovernmental and non-governmental organisations; 3) adaptation of national legislation to European standards within the framework of the signed association agreement between Ukraine and the EU of 2014; 4) cooperation of Ukraine with international organisations, within which the international anti-corruption policy is developed and formed; 5) activities in the field of combating corruption of international non-governmental organisations, among which Transparency International constitutes an important element of the legal mechanism of the international anti-corruption legal order; 6) Ukraine’s international anti-corruption obligations to international financial institutions; 7) Ukraine's participation in international conferences and summits on anti-corruption issues; 8) Ukraine's cooperation with other states in providing relevant bodies of foreign states and receiving information on preventing and combating corruption; 9) national historical and political factors.


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