scholarly journals LEGAL WAYS OF REALIZATION OF THE ELECTRONIC GOVERNANCE IN THE EUROPEAN UNION COUNTRIES

2019 ◽  
Keyword(s):  
European Union ◽  
Member State ◽  
Public Services ◽  
National Level ◽  
Legal Regulation ◽  
Practical Implementation ◽  
Regulation Mechanism ◽  
The European Union ◽  
Services Delivery ◽  
European Union Legislation

The article is to devoted to the study of the experience of Member State in the field of practical implementation of e-governance. The author analyzed norms of the European Union legislation in the sphere of regulation the modern model of e-governance. Based on the analysis of the norms of the European Union legislation is suggested to mean the e-government as one of the priority tools of the European concept of governments’ modernisation strategу. The potential and ways of improving of the e-governance current model in the Member State are determined. The modern ways of realization of the e-governance at regional and European Union level are defined. The best Member State practices, which will provide an opportunity of the implementation the modern digital technologies in the sphere of the public services. delivery was underlined and systematized be the author. The most effective ways of realization of the e-governance, according to the author, which are used in the member states of the European Union, include: сross-border digital public services, of electronic identification and trust services for electronic transactions in the internal market (eIDAS services); Open Data Portal; shared Cloud Infrastructure; system of the e-democracy and e-participation measures; mutual public service centers; removation of the existing digital barriers; artificial intelligence technologies; using real-time data. This investigation contributed to formation of theoretical conclusions and practical recommendations that are aimed at improvement of the e-governance legal regulation mechanism at national level. The necessity of the enhancement the national e-governance system and make it consistent with standards of European Union law is emphasized.

Cryptocurrency unshadowing: European Union legislation innovations and their implications for the domestic market

2020 ◽  
pp. 28-34
Author(s):  
Dаria Panfilova
Keyword(s):  
European Union ◽  
Rapid Development ◽  
National Level ◽  
Legal Regulation ◽  
Main Body ◽  
The European Union ◽  
Framework Analysis ◽  
Virtual Currency ◽  
European Union Legislation ◽  
The Impact

Problem setting. In modern conditions special consideration is attracted to the global discussion related to the nature and unshadowing of cryptocurrencies. One of the most relevant topics for discussion in the cryptocurrency space is the future legal regulation of this sphere and the necessity of tight control of financial institutions in the cryptocurrency trading. Nowadays on the territory of Ukraine the legal regulation of the cryptocurrency sphere remains unresolved, effective legislative changes have not been adopted yet. However, some consensus has already been reached on the territory of the European Union in the field of the legal regulation of cryptocurrencies reformation, which causes unconditional interest for Ukrainian scientists and businesses. Based on the stated above, the purpose of the article is to analyze the legal regulation of cryptocurrency unshadowing in the European Union in order to identify the most effective mechanisms for its adaptation into the domestic legal framework. Analysis of recent researches and publications. Some aspects of the legal regulation of the domestic legislation reformation in the sphere of cryptocurrencies have become the subject of scientific research of such authors as Burkovskaya A. V., Varnavsky A. V., Vasilevskaya L. Yu., Kravchenko L. M., Kud A. A., Kucheryavenko N. P., Lizunova A. N., Lunkin T. I., Perebinis M. G., Smychok E. N., and others. At the same time, comprehensive studies of the European Union legislation innovations in the sphere of the cryptocurrency unshadowing and the impact of the reformed legal EU regulation on national legislation of Ukraine is not carried out, that fact actualizes the theme of the article and further research and development. Article’s main body. European leaders today have reached the consensus on the issue that innovative technologies, which are the basis of cryptocurrencies, have the potential to increase the efficiency of the financial system and the economy as a whole, both at the national level and across the European Union. At the same time, European experts have not yet formed a unified approach to the nature and legal status of virtual currency. Scientists argue that increasingly virtual (fiat) currencies are used to finance terrorism through transaction anonymity, so the European Union introduces additional monitoring of virtual currencies and transactions, legalized in Directive (EU) 2018/843, which was analyzed in the article. Repeated attempts to legalize digital assets in Ukraine were made by the legislator, however, none of the bills has been adopted and so far the only regulatory act that would resolve the issues of the cryptocurrencies’ legalization and effective measures to unshadow them have not been adopted, which, in turn, requires the intensification of the legislators’ activities, given the rapid development of cryptocurrencies and innovations. Conclusions and prospects for development. The study showed multivariate interpretations of the legal text of the Directive (EU) 2018/843 by member-countries, as well as the presence of a hidden control regime that goes beyond the needs of the document. At the same time, the Directive (EU) 2018/843 is intended to become an effective regulator of legal relations in the sphere of cryptocurrencies and requires its gradual implementation in the legislation of Ukraine in order to fulfill the international legal obligations of our state.

scholarly journals Dlaczego potrzebujemy nowej ustawy o humanitarnej ochronie zwierząt?

2017 ◽  
Vol 108 ◽  
pp. 73-85
Author(s):  
Michał Rudy
Keyword(s):  
European Union ◽  
Member State ◽  
National Level ◽  
Legal Regulations ◽  
The European Union ◽  
Legal Regime ◽  
Animal Protection ◽  
European Regulations ◽  
The Republic ◽  
Cruelty To Animals

WHY A NEW ACT ON THE HUMANITARIAN PROTECTION OF ANIMALS IS NEEDED?Legal regulations concerning animals protection clearly state that man owes to respect the animal and each animal requires humane treatment that must be understood by taking into account the needs and protection of animals, as far as care providing. Systematic law amendments, which are concerned to protect the animals from suffering, including unjustified or inhumane killing or cruelty to animals, should be considered as the duty of state authorities. In particular it should be done due to taking into account that animals are recognized as the “subjects of law”, for which there is a special legal regime determined by the provisions devoted to the humanitarian animals protection.The main objective of this article is to identify the aspects, which — according to the author — affect the need to make amendments to the existing provisions concerning humanitarian protection of animals. This includes lack of law transparency, containing its precision and often contradictory regulations. Also, adapting to European regulations should be considered as important issue. Failure in application of European rules to national law means that the Republic of Poland violates its obligation as the Member State of the European Union. The author also notes that the current range of the requested changes proposed by law doctrine, state authorities, as well as by social organizations whose statutory purpose is humanitarian protection of animals is so broad, concerns so conflicting values and interests, as well as some of them are so “revolutionary”, that it requires a comprehensive and systemic look at the humanitarian issue of animal protection at the national level. Hence, instead of performing complicated amendments creation of avery new act on the humanitarian protection of animals should be considered.

scholarly journals Legal regulation of certain types of social leave in Ukraine and the EU

2020 ◽  
pp. 430-433
Author(s):  
Valeriia Petrova
Keyword(s):  
European Union ◽  
Parental Leave ◽  
Legal Regulation ◽  
Practical Implementation ◽  
The European Union ◽  
Labor Laws ◽  
Paternity Leave ◽  
Labor Legislation ◽  
Father's Rights ◽  
The One

Legal regulation of certain types of social leave in Ukraine and the EU:this article highlights the basic standards followed and fully supported by the European Union and Ukraine as regards the provision of both maternity and paternity leave, as well as parental leave as a whole notion with its particularities. Moreover, it discloses and explains the important difference between these two notions and provides appropriate European and Ukrainian rules of law. It also contains comparison of the effective laws in labor sphere in Ukraine and existing draft legislation which is currently under consideration in this field by the authorized representatives. The article also considers the most prioritized areas for further amending Ukrainian labor laws and rules to be approved for the support and implementation of these specific laws in this field related to these issues. On a separate note, it gives the bright examples of the relevant experience lived through the European Union member states regarding the term of such leave and ensuring the father’s right to take parental leave alongside the one existing and exercising by mothers. It proves that nowadays the European Union elaborates approaches to work on ensuring a proper balance between responsibilities of people as family members and their career. Based on this, it provides for a gender equality and an equal enjoyment of both mother’s and father’s rights. From what we can currently see in Ukraine, unfortunately, our country nowadays is far from practical implementation of these ideas. However, it should be emphasized that after all our legislation has already stipulated some provisions allowing the fathers to take parental leave (so called paternity leave, as already mentioned). The article also has some considerations concerning other labor guarantees for pregnant women. The presented study allows us to identify areas for improving and facilitating the Ukrainian labor legislation in the nearest future and highlights the best European practices which are definitely useful and helpful in the elaborating and developing a new draft Ukrainian Law "On Labor" to be shortly considered by the parliament.

Comparative Analysis of Foundations of Legal Regulation of Criminal Liability for Organ Trafficking in the Russian Federation, Kazakhstan, and the European Union

2020 ◽  
Vol 11 (4) ◽  
pp. 1405
Author(s):  
Anna V. SEREBRENNIKOVA ◽  
Tatjana F. MINYASEVA ◽  
Nagima S. KALA ◽  
Alexei A. MALINOVSKY ◽  
Victoria M. MALINOVSKAYA ◽  
...  
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Liability ◽  
National Level ◽  
Legal Regulation ◽  
The European Union ◽  
Organ Trafficking ◽  
The Russian Federation ◽  
The Creation

Currently, organ trafficking occupies a leading position among transnational organized criminal groups due to the high demand for illegal services and the relatively low rates of detection of illegal actions by law enforcement agencies. In this context, the purpose of the paper was to conduct a comparative analysis of the foundations of the legal regulation of criminal liability for organ trafficking and trafficking in the Russian Federation, Kazakhstan, and the European Union to form scientifically substantiated conclusions and suggestions for improving existing national legislation. To achieve this purpose, general scientific and special methods were used. The study also uncovers vectors and substantiates the feasibility of implementing EU legislation in the field of organ trafficking and trafficking in the criminal legislation of the Russian Federation and Kazakhstan, predicts the prospects for improving legal regulation on the subject matter and outlined the priority actions of legislative bodies. At the same time, promising areas of research in this matter are the issues of punishability of such acts and the appointment of the appropriate punishment. Furthermore, the creation of a highly regulated transplantation system at the national level was proposed, which is to be managed by a national transplantation authority with broad oversight powers. The creation of such a centralised competent authority will ensure the implementation of the scope of measures that would effectively reduce the risk of organ trafficking and trafficking and protect potential victims.

scholarly journals Legal assessment of current situation on orphan patients in Lithuania

Medicina ◽  
2008 ◽  
Vol 44 (8) ◽  
pp. 571 ◽  
Author(s):  
Indrė Špokienė
Keyword(s):  
Health Care ◽  
European Union ◽  
Rare Diseases ◽  
Comparative Method ◽  
National Level ◽  
Practical Implementation ◽  
The European Union ◽  
Medicinal Products ◽  
Member States ◽  
Orphan Medicinal Products

After Lithuania joined the European Union, the Regulation (EC) No. 141/2000 on orphan medicinal products and Commission Regulation (EC) No. 847/2000 came into force as part of national legislation. Member States must adopt specific measures to increase knowledge on rare diseases and to improve their detection, diagnosis, and treatment. The aim of this article was to present and to assess the current legal situation on orphan patients and their treatment in Lithuania, to identify legislation gaps, and to propose some ideas how to facilitate the solution of the existing problems in this field. For this purpose, European Union and Lithuanian legal documents on rare medicinal products are examined using a comparative method. With reference to inventory of Member States’ incentives for rare diseases in national level, the most important issues, which orphan patients face to in Lithuania, are singled out. In Lithuania, the situation of orphan patients in terms of protection of patient rights is insufficiently determined. The access to effective health care services or approved therapies in some cases is restricted. Working relationships between genetic services and various clinical specialists as well as with those in primary care are not legally determined; the number of clinical trials aimed at orphan medicinal products is low. These results suggest a need for awareness raising among Lithuanian Government, health care specialists, patient organizations about the importance to improve practical implementation of European Union legislation and progressive experience of some European countries in this field.

scholarly journals Air Protection in the Slovak Republic in the Light of the EU Legislation

2014 ◽  
Vol 3 (1) ◽  
pp. 10-18
Author(s):  
Barbara Pavlíková
Keyword(s):  
European Union ◽  
Environmental Protection ◽  
Slovak Republic ◽  
National Level ◽  
Legal Regulation ◽  
The European Union ◽  
Central State ◽  
Member States ◽  
Vertical Division ◽  
Considerable Impact

Abstract (EN) Environmental protection belongs in accordance with the Article 4 par. 2 letter e) of the Treaty on the Functioning of the European Union between joint powers of the European Union and the Member States. In terms of vertical division of powers, this means that Member States and the Union engage in this field while respecting the principle of subsidiarity and proportionality. The European Union adopts in the field of protection of the single components of the environment mainly framework programs and directives, aimed at defining the general objectives, while the choice of tools to achieve them is usually left to the discretion of Member States. Given that the directive which is the most common act of secondary legislation in this area can be transposed into national law only in the form of generally binding legal act, its objectives at the national level are contained in national laws. Specific conditions are then further laid down by the decree of the responsible department - in the case of environmental protection particularly the Ministry of Environment of the Slovak Republic and the Ministry of Agriculture and Rural Development of the Slovak Republic, in cooperation with other central State administration authorities. The contribution focuses primarily on the legal regulation of one of the components of the environment - air, which is an important factor influencing the quality of life of the population, but the rules defined in this area also have considerable impact on the economy of the country. The work provides a comparison of Slovak legal acts and rules enshrined in primary and secondary EU law, as well as its non-binding acts.

scholarly journals The Legal Regulation of Crowdfunding in the European Union

2021 ◽  
Vol 16 (10) ◽  
pp. 12-19
Author(s):  
G. G. Shaposhnikov
Keyword(s):  
European Union ◽  
European Parliament ◽  
Legal Regulation ◽  
The European Union ◽  
Cross Border ◽  
European Union Legislation

The paper examines the provisions of the current European Union legislation in the field of crowdfunding in order to establish the features of the legal regulation of the issue in question. The author examines the prerequisites for the adoption of the first special acts regulating crowdfunding at the level of the European Union. The paper designates the scope of regulation of the basic act on European crowdfunding–Regulation (EU) 2020/1503 of the European Parliament and of the Council of 7 October 2020 on European providers of crowdfunding services for businesses, and amending Regulation (EU) 2017/1129 and Directive (EU) 2019/1937. It also describes the basic requirements for the providers of crowdfunding services, the rules for the provision of crowdfunding services in the territory of the European Union and highlights the procedures necessary to implement the provisions of the Regulation under consideration. It is noted that the structure of crowdfunding regulation within the European Union is not uniform, crowdfunding activities are cross-border, and certain forms of crowdfunding are not subject to regulation by existing regulations.

scholarly journals Legal Regulation of the EU Common Agricultural Market

2020 ◽  
Vol 16 (2) ◽  
pp. 89-97
Author(s):  
E. G. Martirosyan
Keyword(s):  
European Union ◽  
Legal Regulation ◽  
Farm Animals ◽  
Eu Law ◽  
The European Union ◽  
Agricultural Market ◽  
Member States ◽  
Legal Method ◽  
European Union Legislation ◽  
The Eu

Introduction. The article presents the analysis of legal regulation on the agricultural market of the European Union. The high growth of international economic integration, contributing to the intensification of interstate cooperation for the simplified movement of goods and services induces the harmonization of regulatory and legislative frameworks to develop uniform mechanisms of legal regulation. The diversification of agricultural exports should be considered as one of the highly promising, priority and sustainable trends of agricultural policy. EU law requirements must be taken into account by organizations engaged in foreign economic activities of food supplies. The article gives the updated analysis of the Eurasian Union regulatory framework in the sphere of agricultural products. Materials and methods. The methodological basis of the study comprises the universal dialectic method of scientific knowledge, general scientific methods (analysis, synthesis, analogy, induction, deduction, modeling, etc.), particular scientific (logical-legal method, comparative legal method of systemic analysis, etc.). Methods of content analysis of legal documentation, allowing to study key trends in the legal regulation and policies of the European Union in relation to the agricultural market were also used.The results of the study. The conducted analysis revealed that there is a confusing situation in the European Union legislation about the agricultural market. The exceptional attitude to agriculture in the European Union legislation was widely under-mined, which led to serious consequences not only for the interpretation of agricultural provisions in EU law, but also for the legal provisions about the agricultural market in other countries. The article also analyzes the changes in legislation that pave the way for a deeper understanding of agricultural law in the European Union after the reforms introduced by the Lisbon Treaty.Discussion and conclusion. Since 1974, the European Union has developed a wide range of legislative provisions related to agriculture. Pursuant to EU treaties, animals are recognized as living creatures, and therefore the EU and Member States must take due care of animal welfare requirements preparing and implementing policies in agriculture or on the domestic market. Currently, EU legislation on the welfare of farm animals contains specific provisions for the cultivation of poultry, calves and pigs,  as well as to all types of agricultural machinery and livestock slaughter. Nevertheless, there are contradictions between the EU Member States stemming from the legal regulation of the common agricultural market in the European Union.The author concludes that the EU food law is comprehensive and aimed to provide consumers with safe and high-quality products, subject to timely and comprehensive information about possible risks. Taking into account the experience of the European Union in the development and correction the relevant legislative system will significantly increase the effectiveness of the measures to increase the export potential of domestic products.

scholarly journals DEVELOPMENT OF ADMINISTRATIVE LAW AND ADMINISTRATIVE LEGAL DOCTRINE IN LITHUANIA

2019 ◽  
pp. 67-86
Author(s):  
Egle Bileviciute
Keyword(s):  
European Union ◽  
Legal Regulation ◽  
Administrative Law ◽  
The European Union ◽  
Legal Doctrine ◽  
Human Welfare ◽  
Wide Range ◽  
New Ideas ◽  
European Union Legislation ◽  
The Subject

The system of national law and the corresponding system of democratic authorities had to guarantee optimal protection of the individual’s fundamental freedoms and rights, and help to create human welfare. Science of administrative law is constantly evolving, and its insights are strategic in nature, oriented towards the future. There is often a struggle for new ideas, opinions, concepts, paradigms to be embedded or denied. The new, old, inaccurate statements are changed to be more accurate, the new ideas criticize the old ones, and life practices raise new problems that science must answer rationally. The science of administrative law in Lithuania is not static, it is constantly changing as the administrative law itself changes. The concept of administrative law is changing, its regulation is expanding. The science of administrative law is an integral part of Lithuanian law science, where the specialists of administrative law – scientists investigate the essence of this branch of law, its subject matter and separate institutes and in general all actual problems of administrative legal practice and science of the whoel country. This article is the first scientific research in the cycle of articles “Development of Administrative Law and Administrative Legal Doctrine in Lithuania”. The purpose of this article is to present the development of administrative law and administrative law doctrine in Lithuania since 1990 by analysing the works of Lithuanian scientists in this field through the categories defined in the research tasks. In order to achieve the aim of the article, the following tasks are raised: briefly to introduce and discuss the development of Lithuanian administrative law science and administrative law as a category, to define and analyse the goals of administrative law, the subject of regulation and the system of administrative law in Lithuania. In order to achieve the aim and tasks of the research, the analysis of the works of Lithuanian scientists and the main laws implementing the administrative legal regulation of Lithuania was performed. Methods. Historical comparative, documents’ analysis, synthesis and other methods were used for research. Results of research showed that Lithuania has modern administrative law and administrative justice system, that meets nowadays meets and European Union justice standards’ requirements. Conclusions. We can conclude that Lithuanian scientists understand the administrative law in broad sense as law of management and described quite wide range of its regulation subjects. After Lithuania’s accession to the European Union and its commitment to take over its acquis communautaire, the entire Lithuanian legal system, together with administrative law, had to adapt to change. Implementation of the provisions of the European Union legislation in Lithuanian law has become a priority. The abundance of administrative legal regulation at European Union level and the need for its application in the case-law have created challenging tasks for administrative law science. An accurate analysis of the implementation of European Union legislation in the systems of state power and public administration in Lithuania, analysis of administrative legal systems of the Member States of the European Union, search for similarities and differences, effective defence of the rights and legitimate interests of a person when a Member State misapplies (waives) the provisions of European Union legislation, the jurisdiction of national courts to deal with damages where, for example, damage caused by inappropriate application of European Union law is made by a court of final instance in the state, and other issues become the subject of modern administrative law research.

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).

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