scholarly journals Legal Regulation of Sea Towage Contracts in the EU Countries

Lex portus ◽  
2021 ◽  
Vol 7 (6) ◽  
Author(s):  
Oleg Drobitko ◽  
Natalja Drobitko
Keyword(s):  
Legal Regulation ◽  
Eu Countries ◽  
The Eu

THE TYPES OF BIOLOGICAL DATABASES (BIOBANKS)

2021 ◽  
pp. 136-148
Author(s):  
Elena S. Boltanova ◽  
◽  
Maria P. Imekova ◽  
Keyword(s):  
Biological Samples ◽  
Local Level ◽  
Legal Regulation ◽  
Biological Data ◽  
Biological Information ◽  
Biological Databases ◽  
Legal Regime ◽  
Eu Countries ◽  
Legal Method ◽  
The Eu

In the world, it is customary to create biological databases of different species. And initially, the databases for the investigation of crimes were widespread. However, later, when their potential and benefits, including for medicine, were assessed, the databases for other areas appeared. Russia was no exception in this regard. Although, in our country, unlike foreign states, the activities of biological databases based on purposes other than the disclosure of crimes are practically not regulated in any way. This article deals with the analysis of legal regulation of biobanks in the Russian Federation and abroad. Special attention is paid to the classification of biobanks. The purpose of the study is to determine the feasibility in the legislative regulation of their activities, as well as the patterns in such a regulation. To achieve this goal, the authors studied extensive regulatory material, which included EU directives and national regulations of the EU member states. The methodological basis of the study was the general scientific and private scientific meth-ods of research. Of course, such private scientific research methods as the comparative-legal method and the formal legal method have been widely used. Due to the comparative legal analysis, it is established that the EU countries have a high level of legislative activity in terms of determining the legal regime of biological databases. All countries recognize the specifics of such a legal regime, which can largely be explained by a special legal nature of biological samples and biological data. In this regard, the following issues related to the activities of biological databases are reflected everywhere in the EU countries at the level of law: the procedure for their creation; the procedure for receiving, processing, storing and transmitting biological samples and the data obtained on their basis; the rights and obligations of database creators and persons who have provided their biological samples and biological data about themselves; a set of measures aimed at protecting the rights and interests of donors and third parties, etc. As it seems, a similar approach to the regulation of the activities of biological bases estab-lished not for the investigation of crimes should be implemented by Russia. At the same time, special attention should be paid to the research of biological databases. In the Russian Federa-tion, they are created, as a rule, at the local level. Their main drawback is that they are sepa-rate sources of limited biological information, functioning independently of each other while comprehensive (concentrated in one place) information can bring invaluable benefits and advantages for Russian science and medicine as a whole. However, this requires the estab-lishment of an appropriate legal framework.

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.

scholarly journals Integration of Ukraine into European Union securities market

2021 ◽  
Vol 69 (2) ◽  
pp. 168-178
Author(s):  
M. Savchenko
Keyword(s):  
European Union ◽  
Stock Market ◽  
Stock Markets ◽  
Rapid Development ◽  
Legal Regulation ◽  
Securities Market ◽  
Stock Exchanges ◽  
The European Union ◽  
Eu Countries ◽  
The Eu

The paper deals with the main parameters of the Ukrainian securities market at the current stage, identifies its functioning problems, gives a set of measures for the effective implementation of Ukraine's desire to integrate the national stock market into the European Union. Compared with the stock markets of the EU countries, the domestic securities market is underdeveloped, poorly regulated and illiquid, therefore there is the need to develop it and implement the European legislative initiatives. The paper covers the basic laws in the field of legal regulation of the Ukrainian and EU securities market. The investigation includes the results of the research of the current experience in leading European countries in terms of capitalization of the largest stock exchanges in Europe. The classification of 5 largest European stock exchanges is given and the influence of COVID-19 virus on their activity is analyzed. The main trends in the field of securities investment market of the largest stock exchanges in Europe and Ukraine are led. While examining statistical data concerning the capitalization of European stock exchanges in comparison with the PFTS of Ukraine in 2019, the LSE (London Stock Exchange) ranks 1st with €3.86 bn., 2nd place is taken by Euronext – €3.4 bn., 3rd place by Deutsche Börse having capitalization volume at the level of €1.9 bn., and PFTS Ukraine – €0.17 bn., which indicates that Ukrainian securities market is insufficiently elaborated. Nowadays, the Ukrainian securities market repeats European historical development trends, and at this stage it largely depends on the directions of development that international stock markets can take. Changes in European securities markets are extremely rapid and require competent response from regulatory structures. The rapid development of the European stock market, accompanied by the emergence of advanced technologies in the field of securities and new financial instruments, make it necessary to monitor all the changes and innovations that happen in the Ukrainian securities market in order to develop more effective recommendations for improving its functioning and regulation. In addition, integration with the European Union requires deeper and more radical reforms of the domestic state administration, macroeconomic regulation, property relations, and anti-corruption policy. Only a large-scale and complete reform will enable progressive renewal and effective, socially responsible integration into the EU countries, taking into account national interests.

scholarly journals Features of Measures to Prevent Fraud Committed by Women: the Experience of Ukraine, the EU Countries and the United States

Dixi ◽  
2021 ◽  
Vol 23 (2) ◽  
pp. 1-23
Author(s):  
Viktoria Babanina
Keyword(s):  
United States ◽  
The United States ◽  
Legal Regulation ◽  
Female Crime ◽  
Eu Countries ◽  
Theoretical Approaches ◽  
Preventive Work ◽  
Special Programs ◽  
The Usa ◽  
The Eu

The article analyzes approaches to the prevention of female fraud in order to identify the best ways to combat fraud committed by women. Theoretical approaches to the measures to prevent crimes committed by women, in particular, female fraud were examined. Peculiarities of the legal regulation of the prevention of female fraud in Ukraine have been studied. The conclusion was made about the insufficiency of normative acts aimed at combating female fraud in Ukraine. In addition, the investigation revealed that measures taken in Ukraine to prevent female fraud were poor and insufficient. In parallel, the experience of the EU countries and the USA in the prevention of female fraud was analyzed in the article. The programs and methods of prevention of crimes committed by women in the USA and the EU have been studied. Based on this analysis, proposals to improve approaches to the prevention of female crime, in particular, female fraud, have been developed. In particular, the conclusion was made that preventive work among the population as well as creation of special programs to work with women would be relevant.

scholarly journals LEGAL REGULATION OF LIABILITY FOR OFFENSES IN THE FINANCIAL SPHERE IN THE EU COUNTRIES AND UKRAINE: COMPARATIVE ANALYSIS

2019 ◽  
Vol 4 (5) ◽  
pp. 276
Author(s):  
Dmytro Pryimachenko ◽  
Tetiana Minka ◽  
Volodymyr Marchenko
Keyword(s):  
Comparative Analysis ◽  
Financial Sector ◽  
Tort Law ◽  
Legal Regulation ◽  
State Regulation ◽  
European Countries ◽  
Legal Study ◽  
Eu Countries ◽  
Legal Provisions ◽  
The Eu

The aim of the article is to conduct a comparative analysis of the legal principles for liability in the financial sphere in the EU and Ukraine and to define ways of domestic legislation improvement on this basis. The subject of the study is the experience of European countries in the state regulation of liability for financial offenses. Methodology. The study is based on a comparison of foreign experience in the legal regulation of liability for financial offenses on the example of European states with the status of the national tort law in this area. The use of general scientific and special scientific methods and techniques of scientific knowledge enabled to characterize the national experience of the legal regulation of legal liability for committing financial offenses by the coverage of the provisions of the Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses, and the Tax Code of Ukraine, as well as its comparison with the experience of the legal regulation of liability for offenses in the financial sector on the example of France, Germany, Latvia, Spain, Sweden, Greece, and other EU countries. The results of the comparative legal study revealed that contrasting the EU member states, the national model of the legal regulation of liability for offenses in the financial sector is characterized by multi-levelness and varying degree of severity of punishment. Practical implications. It is proved that the mechanism of the legal regulation of liability for financial offenses in Ukraine is more improved than in European countries because of the legal provisions with a strict codification of financial offenses, their differentiation into administrative delicts and criminal offenses that enables to impose milder state sanctions on those acts that do not pose a significant social danger. Relevance/originality. A comparative legal study of the experience of the legal regulation of liability for financial offenses provides a better understanding of the prospects for the development of national administrative tort law in this area.

scholarly journals INTERNATIONAL EXPERIENCE OF LEGAL REGULATION OF THE PROCEDURE OF TATTOOING SERVICES’ PROVISION AND ITS IMPLEMENTATION IN UKRAINE

2019 ◽  
Vol 72 (5) ◽  
pp. 933-937
Author(s):  
Alona O. Milevska ◽  
Alexander A. Lyubchik ◽  
Alina N. Chorna ◽  
Olha M. Khimich ◽  
Roman M. Opatskyi
Keyword(s):  
Public Health ◽  
Infectious Diseases ◽  
Legal Regulation ◽  
Main Task ◽  
Positive Experience ◽  
Eu Countries ◽  
Aged People ◽  
The Us ◽  
And Control ◽  
The Eu

Introduction: The fashion for tattoos in Ukraine and in the world is becoming massive among young people and middle-aged people. The existence of a great demand and the lack of standards that would establish a procedure for the provision of such services in Ukraine lead to the realization of such activities by persons who are not sufficiently knowledgeable about the safety, contraindications and risks of such activities for the health of a client. The realities of the present time indicate that the unregulated tattoo services can trigger the outbreak and spread of dangerous infectious diseases, and also pose a threat to public health. The aim: The objective of this article is to comprehensively analyze and study the main tendencies in the legal regulation of the provision of tattoo services in the EU countries and the US. The main task of the paper is to distinguish and generalize the positive experience of legal regulation of the provision of tattooing services, to formulate propositionsfor their implementation in Ukraine. Materials and methods: The authors during the research have used theoretical methods (analysis, synthesis, generalization, systematization, etc.) and empirical methods (observation, classification, etc.). The systematization and analysis of national and international legislation in the field of regulation of tattooing services has been carried out. Review: The authors of the article have analyzed the tendencies of legal regulation of the provision of tattooing services in the EU countries and the US. Analysis, systematization and generalization of legal regulation of tattooing in these countries made it possible to find out that the safety of the provision of such services for public health can only be achieved through comprehensive legal regulation that combines sanitary requirements, vocational training and licensing requirements, infection control and control of chemical composition of paints for tattoos. Conclusions: The necessity of introduction of positive experience in legal regulation of tattooing services in Ukraine has been established. It will protect the population from the spread of dangerous infectious diseases and will promote the health of the youth who massively address for such services.

scholarly journals Administrative Aspects of Alternative Consumer Dispute Resolution in the European Union (EU), Slovenia and Croatia

2016 ◽  
Vol 9 (1) ◽  
pp. 191-222
Author(s):  
Urša Jeretina
Keyword(s):  
Dispute Resolution ◽  
Consumer Satisfaction ◽  
Legal Regulation ◽  
Administrative Law ◽  
Added Value ◽  
Member States ◽  
Eu Countries ◽  
Online Dispute Resolution ◽  
Administrative Proceedings ◽  
The Eu

Abstract The consumer field is widespread and often encompasses different legal fields on a single market, especially when it comes to the field of consumer protection. In fact, the consumer mostly remains a weaker party in resolving consumer disputes, especially in administrative proceedings. Traditional court proceedings do not always offer the most cost-appropriate way of resolving consumer disputes, because the damage with legal costs is disproportionate, especially in Small Claims (20 EUR). In theory, Alternative Dispute Resolution (hereinafter: ADR) is considered more flexible, faster and cheaper for disputes between consumers and businesses. Insofar, Consumer ADR (hereinafter: CADR) is seen as a useful tool that helps consumers realize their right of access to justice. It is argued that CADR systems provide valuable information on the needs of disputants, while preserving confidentiality, increasing consumer satisfaction, equality and grater trust. While CADR is praised in theory as an added value, in practice it still remains unrecognizable and therefore is seen as an ineffective formalism in some EU countries. It seems that consumers and businesses lack awareness of the CADR schemes and their benefits, which have effects on the efficient use of CADR in different public and private institutions. The focus of this paper is on the field of Public Administrative Law, which, through different approaches of scientific analysis, combines the main administrative aspects of CADR systems in the EU. Special attention is given to different administrative barriers in the development of various CADR schemes, which cause the formation of administrative dilemmas in some Member states. The new EU legal regulation on Consumer ADR, Online Dispute Resolution (ODR) and EU Administrative law have set flexible rules and principles that would assure the quality of dispute resolution between EU entities with private or public interests. Similarities in proposed principles would lead us closer towards a common European Administrative Space. However, so far such EU initiatives have left many questions unanswered regarding the supervision and financing of CADR schemes, as well as the administrative issues about the purely internal harmonization of “administrative” CADR practices in Member States. An example of the substantial administrative dilemmas in CADR practices, mostly in the field of universal services, can be recognized in existing CADR systems in selected EU countries, e.g. Slovenia and Croatia. POINTS FOR PRACTICIONERS: Special attention is paid to the interplay between the CADR and public administration in the EU, which introduces us to various definitions of the concept of CADR in administrative proceedings. The theoretical view shows that the parties in consumer dispute resolution produce various legal relationships (C2B/G or G/B2C, B2B or G2B) of different legal natures (public or private interests), whether under administrative or civil law. Through comparative analysis of the concept of CADR in administrative proceedings among selected EU countries, divergences are shown in the legal framework of CADR procedures, existing CADR schemes and measuring efficiency tools for CADR procedures, which causes key administrative dilemmas in the main sectors of universal services. Despite divergences, some similarities appear between new principles of proposed new EU regulation, which could lead us closer to a common European Administration law. Unfortunately, the statistical analysis of existing CADR cases in selected Member states indicates an inefficient use of these pledged mechanisms. The given guidelines and improvements with one coherent CADR model contribute to the achievement and pursuit of the set goals towards an efficient European Administrative space.

scholarly journals DEVELOPMENT OF GREEN ENERGY AS A WAY TO ENERGY INDEPENDENCE OF THE NATIONAL ECONOMY: EXPERIENCE OF EU COUNTRIES

2019 ◽  
pp. 39-48 ◽  
Author(s):  
Yevheniia Anatoliyivna Ziabina ◽  
◽  
Tetyana Volodymyrivna Pimonenko ◽  
Oleksii Valentynovych Lyulyov ◽  
◽  
...  
Keyword(s):  
Renewable Energy ◽  
National Economy ◽  
Alternative Energy ◽  
Action Plan ◽  
Renewable Energy Sources ◽  
Legal Regulation ◽  
Green Energy ◽  
Eu Countries ◽  
Energy Independence ◽  
The Eu

Urgency of the research. With a constant increase in prices and tariffs of energy resources consumption raises the urgent issue of spreading renewable energy and changes in the of the energy balance structure. Target setting. Adopted by the European vector of Ukraine determines synchronization energy policy. Therefore, the country needs to solve the problems caused by the imperfection of legal framework and the lack of effective mechanisms to encourage green energy. Actual scientific researches and issues analysis. The authors analyzed the scientific works of scientists who study the statistical significance between the development of alternative energy and the competitiveness of the national economy. Uninvestigated parts of general matters defining. Identified deficiencies in providing the legal regulation of renewable energy in the energy complex. The research objective. The article aims to systematize the benefits, barriers and prospects of development of green energy in Ukraine, and to identify effective mechanisms for dissemination of alternative energy given the experience of the EU. The statement of basic materials. The article systematizes the prospects and barriers to the spread of renewable energy in Ukraine. The authors analyze the forecast results of the National Action Plan for Renewable Energy until 2020 and the Energy Strategy of Ukraine for the period up to 2035. The paper systematizes the scientific achievements in the field of green energy and energy security. Conclusions. The analysis of the experience of green energy development by the EU countries provides an opportunity to form the main directions of ensuring Ukraine's energy independence through renewable energy sources. Considering the forecasted indicators of development of the carbon-neutral economy, the problem of adaptation of Ukrainian energy saving standards to EU requirements is relevant.

scholarly journals Importance of intrastat in EU intra-Community trade

2008 ◽  
Vol 56 (3) ◽  
pp. 175-186 ◽  
Author(s):  
Radmila Presová ◽  
Oldřich Tvrdoň ◽  
Andrea Živělová
Keyword(s):  
Czech Republic ◽  
Foreign Trade ◽  
Statistical Data ◽  
Legal Regulation ◽  
Motor Vehicles ◽  
The Czech Republic ◽  
Eu Countries ◽  
Mutual Trade ◽  
Important Trade Partner ◽  
The Eu

The paper deals with the importance of Intrastat and Eurostat for mutual trade with goods between EU countries and third countries. It informs about the importance of statistical data for all legal forms of trade companies, multinational companies, public administration institutions and service businesses. It points out that accepting the Czech Republic as a member of EU changed the use of terminology in foreign trade. For goods transactions between EU member states the terms sending and receiving are used, whereas the traditional terminology export – import is used for foreign trade with the third countries.Paper describes legal regulations including the instructions for statistical data records, specifically the Directive of the European parliament and Council No. 638/2004, appended by the Commission directive No. 1980/2004 and Public notice of the Czech statistical office from 18th May, 2005. Based on the retrospective view it shows the development of legal regulation and the importance of quo­ted directive for determining and recording statistical data. It notifies that statistical data are necessary for recognition of the course of integration of the internal market, formation of agricultural policy and adopting anti-dumping measures. Paper acquaints with organisation of statistics within the Euro­pean Union. It also notifies that statistical system includes also the countries of Iceland, Norway, and Liechtenstein.Results of foreign trade in 2007 show the involvement of the Czech Republic in mutual trade with the EU countries, to which 85.22 % of the total value of exported goods was sent, which represents the amount of CZK 194 056 per inhabitant of the Czech Republic. In the same year, goods of the total share of 69.90 % was received from the EU countries, which represents the amount of CZK 162 021 per inhabitant. Our most important trade partner is Germany, with which we have reached the turnover of CZK 1 429 986. According to the goods nomenclature, the highest share was exported in the case of motor vehicles (18.25 %), and machines and equipment (11.90 %).Calculation was done using the method of vertical and horizontal analysis. Authors got to the conclusion, that the use of these methods only is insufficient for evaluation of the mutual trade relations’ dynamics. Total values have to be recalculated to a comparable indicator, which is one inhabitant of a particular country.

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