LEGAL REGULATION OF PHYTOSANITARY PASSPORTATION IN THE EU

2017 ◽  
Author(s):  
Nataliia Karpinska ◽  
Keyword(s):  
Scientific Literature ◽  
Plant Protection ◽  
Legal Regulation ◽  
Public Authorities ◽  
Tier System ◽  
Legal Nature ◽  
Methodological Principles ◽  
Scientific Doctrine ◽  
The Eu

The article is devoted to the characteristics of the legal features of phytosanitary certification in the EU. A comprehensive analysis of the scientific literature allows us to conclude that currently the scientific doctrine lacks scientific research aimed at determining the legal nature of relations in the field of plant protection in a constantly updated legislation and integration processes. Scientists, especially without delving into the theoretical justification, perceive a certain approach to the legal nature of plant protection relations as something absolutely clear and such that does not require proof. At the same time, it is noted that despite the poorly developed theoretical and methodological principles of legal regulation of plant protection, Ukraine has formed a fairly extensive phytosanitary legislation, based on the Law of Ukraine «On Plant Protection». Particular attention is paid to the characteristics of the main features of the legal features of phytosanitary certification in the EU, in particular: long history and long-term testing; evolution and adjustment; transfer of a significant part of the responsibility for controlling the phytosanitary condition of crop products to private entities. It was found that phytosanitary certification does not always guarantee the actual absence of pests and established the fact that phytosanitary certification performs not only quarantine tasks - it is entrusted with the important task of traceability. This conclusion is confirmed by the analysis of the information specified in the phytosanitary passport. Its main substantive task is to identify the person who carried out operations with plants or plant products. The conclusion is substantiated that the legal features of phytosanitary certification in the EU are the formation of a two-tier system of phytosanitary control: direct operators of the plant market, issuing phytosanitary passports, take responsibility, confirming the satisfactory phytosanitary condition of products that was checked by them (or produced by them, or packaged, or sold, etc.), and public authorities monitor whether such entities are able to properly perform their respective duties.

scholarly journals Importance of ownership and lease of agricultural land in Slovakia in the pre-accession period

2012 ◽  
Vol 49 (No. 5) ◽  
pp. 213-216
Author(s):  
A. Bandlerová ◽  
E. Marišová
Keyword(s):  
Agricultural Land ◽  
Legal Regulation ◽  
Eu Countries ◽  
The Eu

A vast majority of agricultural land is leased, only a few owners manage their own land. The market with agricultural land falls behind and, together with land lease, it depends on the prosperity of Slovak agriculture. In comparison with the EU countries, the prices of land and land lease in Slovakia are disproportionately low. At present, the Slovak legislation is focused on legal regulation of long-term, i.e. lasting more than ten years, leasing. However, this raises a question whether we should not rather concentrate on the support of the developing market with agricultural land instead.

Financial and Legal Prospects for the Use of Government Bond Loans in Modern Conditions

2019 ◽  
Vol 10 (3) ◽  
pp. 971
Author(s):  
Irina M. ZHMURKO
Keyword(s):  
Legal Regulation ◽  
Government Bond ◽  
Public Authorities ◽  
Theoretical Concepts ◽  
Advantages And Disadvantages ◽  
Foreign Countries ◽  
General Rules ◽  
Legal Nature ◽  
Form Of Government ◽  
Late Performance

The purpose of the study is to identify positive aspects of expanding the use of government bond loans. The paper also focuses on theoretical concepts of the ratio of taxes and loans, analyzing the advantages and disadvantages of government bond loans to determine their impact on the decisions of the issuer and the investor. Consideration of foreign experience in the use of bond loans allows identifying common features and aspects to improve the legal regulation of this institution in Russia science and practice. The results of the research consist of summarizing the studied material and describing the prospects for the development and use of government loans as a tool of financial and legal policy. The experience of foreign countries proves that it is possible to determine the legal nature of a government bond loan through the prism of regulating a new institution – the issue obligation. Conclusion: it is advisable to adopt a normative legal act that would systematize the form of government debt, contain general rules for the use of certain types of borrowing and mechanisms for servicing and repayment of debt, and provide other guarantees, principles of compensation, ways to restructure debt obligations, as well as a mechanism for interaction of public authorities in this area with clear regulation of the powers of public authorities and sanctions for late performance or non-performance by the issuer of its obligations.  

scholarly journals Digital profile: the concept, regulatory mechanisms and enforcement problems

2022 ◽  
Vol 5 (4) ◽  
pp. 5-19
Author(s):  
E. V. Vinogradova ◽  
T. A. Polyakova ◽  
A. V. Minbaleev
Keyword(s):  
System Analysis ◽  
Comparative Method ◽  
State Level ◽  
Legal Regulation ◽  
Public Authorities ◽  
Legal Norms ◽  
Legal Nature ◽  
Other Information ◽  
State And Local ◽  
Legal Entities

The subject of the research is the legal nature of the digital profile of a citizen, as well as a set of legal norms regulating digital profiling relations in Russia.The comparative method, the method of system analysis, as well as the method of legal modeling are used in the article.The purpose of the article is to confirm or disprove the hypothesis that legal regulation is not the only mechanism for regulating relations in the field of digital profiling.The main results, scope of application. The article studies the phenomenon of digital profile, the main approaches to the digital profiling as well as the circumstances that have caused the state's interest in digital profiling. The creation and operation of a digital profile should be aimed at achieving the goal set out in the legislation. The digital profile is a set of relevant, reliable information about individuals and legal entities formed in the unified identification and authentication system or other information systems of state and local government authorities. The formation of a digital profile is carried out in order to provide data to authorities, legal entities and persons who have requested access to this information through the digital profile infrastructure. The analysis of the Russian legal regulation of relations in the field of digital profiling is presented, the problems of enforcement practice are identified. The analysis revealed the main differences between the digital profile and related categories, including social scoring, the unified population register and others. The comparison of a digital profile with a digital avatar and a digital character was carried out. It is extremely important to pay close attention to the problems of digital profiling both at the level of fundamental and applied scientific research. At the state level, it is important to strategically determine what a digital profile is, as well as formulate the main directions of the digital profiling development, challenges and risks. The importance of the development of digital profiling for unified system of public authorities in the Russian Federation is outlined.Conclusions. The analysis of the emerging practice of digital profiling in contemporary society shows that legal regulation does not always allow us to keep up with the rapidly developing relations in this area. The possibility of using other mechanisms should be considered. The use of mechanisms of regulatory experiments can also be considered as special mechanisms for regulating relations in the field of digital profiling. The goal of the research has been achieved, the legal nature of the digital profile has been revealed, approaches to regulating this phenomenon in the conditions of digital transformation have been proposed.

scholarly journals INTEREST AND SELF-REINFORCEMENT

2018 ◽  
Vol 2018 (7) ◽  
pp. 20-34
Author(s):  
Valentyn MAMUTOV
Keyword(s):  
Developed Countries ◽  
Legal Regulation ◽  
Academic Science ◽  
High Tech ◽  
The Core ◽  
Commercial Activities ◽  
Multiplier Effect ◽  
The Russian Federation ◽  
The Eu

Some examples of development of Ukraine’s high-tech industries, such as rocket and space and aircraft building, are considered. At the same time, the emphasis is on strengthening production cooperation with the most developed countries of the world, in particular the EU, in implementing the most ambitious projects with simultaneous adaptation to relevant standards, technologies, etc. This meets interests of our state and interests of society: activation in high-tech sectors of the economy has a multiplier effect of acceleration in related spheres and industries – from increase in demand for metallurgical products to intensification of scientific research in dozens of spheres. It is noted that in the presence of external factors unfavorable for the industry of Ukraine (rather painful and debatable topic of the break-up of cooperation ties with the Russian Federation is raised), successful reorientation of cooperative ties can in the long term become an impetus for steady development under condition of stability of the legal system. Such stability is achieved by compacting and codifying legislation and increasing the volume of the core act of economic legislation – the Economic Code, which corresponds to the practice of rulemaking in many EU countries. Some examples of codification of economic legislation are given. Structure of such codes allows evaluating the structure of economic legislation of these countries. During formation and codification of economic legislation, a very large group of specialists in the field of legal regulation of economic (including entrepreneurial and commercial) activities has formed, which can contribute to the achievement of the above results and development and improvement of legal regulation in this area. Despite all the complexities of academic science, the corresponding potential is not lost. Harmonization of the norms of Ukrainian economic legislation with the relevant norms of European and international legislation is an important task for our entire state. Concernment of implementation of this direction must be supported and encouraged in every possible way.

scholarly journals Cancellation of Service Contract

2020 ◽  
Vol 2020 (3) ◽  
pp. 270-277
Author(s):  
Sergey Kichigin
Keyword(s):  
Critical Review ◽  
Scientific Literature ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Service Contract ◽  
Labor Legislation ◽  
Municipal Employees ◽  
Legal Nature ◽  
Legal Mechanism

The matter of canceling a service contract often hinders the work of personnel offices of government and local self-government. Due to the specifics of labor relations between state and municipal employees, it remains unresolved in the domestic labor law. There is a controversy between the subsidiary application of general labor legislation norms and special laws that control the activity of certain categories of workers. It comes from the vague border between the scope of general and special norms of labor legislation in relation to state and municipal employees. Another reason is the limited legal regulation of labor relations with these categories of workers with application of the general norms of the current labor legislation. The article features approaches to resolving the issue of the possibility and legality of canceling a service contract in personnel offices of government bodies. The research was based on a critical review of the two existing opinions on the place of the cancellation procedure in relations with state and municipal employees. The author describes the legal nature of the cancellation and termination of the employment contract based on scientific literature. The article contains some recommendations on how to avoid the situation in which the representative of the employer does not have adequate legal mechanism for responding to an employee's failure to appear at work on the first day of the contract.

scholarly journals Problems of checking personal data of jury members: Russian and foreign experience

2021 ◽  
Vol 108 ◽  
pp. 04003
Author(s):  
Sergey Aleksandrovich Nasonov ◽  
Yuliya Vladimirovna Strelkova
Keyword(s):  
Scientific Literature ◽  
Personal Data ◽  
Legal Regulation ◽  
Research Results ◽  
Foreign Experience ◽  
Analysis Methods ◽  
Legal Nature ◽  
The Usa ◽  
New Research ◽  
The Right

A prerequisite of the research of issues covered by this paper is the relevance of the existing problem of collecting and checking personal data of jury members (or jury member candidates) to verify information reported by them at the stage of jury formation. The purpose of this research is to define a link between checking the personal data of jury members and the legal nature of jury proceedings and to find a balance between the need to restrict access need to ensure the legal composition of the court. To address these issues, the paper studies doctrinal approaches of Russian and foreign scientific literature, uses analysis methods, legal-technical and comparative-legal methods. This research has found that collecting and verifying personal data of jury members is typical of Russian and foreign models of proceedings in a jury court. However, a balance between the need of such research and ensuring the independence of jury members in the Russian court practice is not always observed, which is caused by gaps in legal regulation. Therefore, it seems interesting to study approaches to legal regulation of such practice in foreign models (anonymous jury and conditions of disclosing data of jury members; restricting the right to collect data of jury members in the USA after adjuration). These research results are new since they have not been described in the Russian legal periodicals and monographic literature. New research results are represented by describing problems of obtaining information of jury members by prosecution authorities, which is relevant for Russia and has never been studied before.

Democratization of Local-Self-Government in Russia: Current State and Perspectives of Development

2019 ◽  
Vol 9 (5) ◽  
pp. 1754
Author(s):  
Andrey POMAZANSKIY ◽  
Viacheslav SEVALNEV
Keyword(s):  
Participatory Democracy ◽  
Local Level ◽  
Legal Regulation ◽  
Local Power ◽  
Federal Law ◽  
Public Authorities ◽  
The Public ◽  
Current State ◽  
Legal Nature

The article is devoted to the constitutional legal regulation of local self-government. The dynamics of the realization of the constitutional principles of local self-government are researched. It is outlined that the current state of legal regulation is far from the constitutional principles devoted to the local self-government. The vivid example of such regulation is the latest amendments to the Federal Law of October 6, 2003 №131-FZ ‘On General Principles of Organization of Local Self-Government in the Russian Federation’. These legislative novelties lead to phasedown of the democratic basis of local self-government. This approach shouldn’t be admitted. Its further spread to all spheres of local activities will result in the estrangement of local communities from the public authorities and officials. In this sense, the piecemeal replacement of democratic procedures in the course of formation of local authorities by the administrative ones fails to meet the legal nature of local self-government. Special attention is given to the determination the balance between representative and participatory democracy at the local level. The nature and features of local self-government are assumed the use of various organizational forms of execution of local power as well as the system of its legal regulation. Also the determination of the prospects for the extension of participatory democracy at the local level is presented.

scholarly journals Services Provided by Public Authorities: Features of Legal Regulation in Ukraine and the European Union

2020 ◽  
Vol 9 (31) ◽  
pp. 44-51
Author(s):  
Ihor Volodymyrovych Klymenko ◽  
Dmytro Volodymyrovych Shvets ◽  
Oleh Tsyhanov ◽  
Liudmyla Hennadiivna Mohilevska
Keyword(s):  
European Union ◽  
Public Service ◽  
Public Services ◽  
Legal Regulation ◽  
The European Union ◽  
Public Authorities ◽  
Administrative Services ◽  
Service Activities ◽  
The Impact ◽  
The Eu

The aim of the article is to determine: 1) the essence and content of services provided by public authorities in the European Union and Ukraine; 2) features of legal regulation of public service activities in these countries. To achieve this aim, general scientific and special methods of cognition were used, namely: dialectical, logical-semantic, comparative-legal, methods of analysis and synthesis. The article states that shortcomings in the field of public service have been inherited since Soviet times. The relevance of the European Union experience, where the defining feature of the development of legislation is its focus on ensuring the rights and legitimate interests of individuals in relations with public authority and its bodies, is emphasized. It is noted, that, unlike Ukraine, the European administrative-legal doctrine does not single out a separate legal institution of administrative services, and the category “service” regarding public sector is used in a broader and more flexible sense. It has been established that in the EU the issue of population services is regulated by both primary and secondary legislation. It was found that the legal regulation of public service activities in the EU is characterized by following features: the absence of a codified legal act that would regulate public services of non-economic interest; the impact of judicial practice on legal regulation of relations between public administration bodies and citizens; considerable attention is paid to improving the quality of public services and citizen participation in government decision-making. According to the results of the study, the priorities for the development of the administrative services system in Ukraine include the adoption of the Law (or Code) on administrative procedure and legislation on fees for administrative services (administrative fee).

scholarly journals Peculiarities of legal regulation of port dues administration in Ukraine

2020 ◽  
pp. 184-189
Author(s):  
Olga Semchyk
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
State Regulation ◽  
The State ◽  
National Commission ◽  
Legal Basis ◽  
Public Authorities ◽  
Legal Nature ◽  
Legal Mechanism ◽  
And Control

The article highlights the issue of legislative consolidation and implementation of the powers of public authorities and other entitiesin the field of port dues in Ukraine. The imperfection of the legal support of management activities in this area is manifested in thefact that special legislation in the legal mechanism of port dues provides for the presence of a specially authorized body – the nationalcommission for state regulation in the field of transport. Such a commission should ensure the establishment of the rates of port fees,approval of the methodology for their calculation and control over the targeted use of funds from such fees. At present, the absence ofa national commission, as well as the absence of a legislative act that determines the legal basis of its activities, leads to inadequate provisionof the port collection process by the state. This is claimed, in particular, in the contradictions in determining the legal nature ofport dues, the lack of justification for their rates, as well as the lack of mechanisms to control the targeted use of funds from such payments.Due to the fact that the laws do not contain a provision stipulating that the procedure for organizing the activities of a national commission is determined by a separate special law, there is also the problem of uncertainty about the legal status of such a commission.According to the current legislation, the legal basis for the activities of the national commission in the field of transport as a centralexecutive body must be determined in accordance with the legislation on central executive bodies, namely: at the level of the relevantregulation approved by the Cabinet of Ministers.

scholarly journals Modern National Development in the Context оf Improving the Activities of Government

2021 ◽  
Vol 8 (1) ◽  
pp. 29-36
Author(s):  
Liubov M. Titarenko
Keyword(s):  
Public Administration ◽  
Civil Service ◽  
Technological Development ◽  
National Development ◽  
Legal Regulation ◽  
Modern World ◽  
Public Authorities ◽  
Professional Activities ◽  
Methodological Principles

The development of the public administration system in Ukraine is taking place in conditions of dynamic changes. Therewith, the rapid pace of innovative socio-political changes proposed by powerful political players in the modern world and domestic representatives of the local authorities, challenges the ability of people to adapt to new social circumstances. Given the urgency of improving the quality of public administration, there is a need to create an effective civil service. The study defines the theoretical and methodological principles of modern national development towards its improvement and the functioning of public authorities. The purpose of this study is to substantiate the essence of modern national development to improve the functioning of public authorities, the conditionality of socio-political, technological development of the country, the role of decentralisation in management. The study addresses issues related to the updating of the content of public service activities in the context of interaction between government and society. The task of the civil service is to implement a purposeful public policy. Unfortunately, in the current era, its implementation in practice may face certain difficulties. The study analyses the current state of modernisation of society and the governing bodies and provides recommendations for improving the mechanisms of decentralisation of power by civil service personnel. Based on the analysis, it was concluded that the relevant issue of the modern Ukraine lies with the improvement of the legal regulation of the civil service in the context that the bureaucratisation of professional activities reduces the quality of the management process

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