Ukrainian as a state language: European standards and national peculiarities of legal regulation

2017 ◽  
Vol 3 ◽  
pp. 10-18
Author(s):  
Olena Boryslavska
Keyword(s):  
Legal Regulation ◽  
European Standards ◽  
State Language

Legal and regulative foundation of securing the development of consolidated territorial communities in conditions of decentralization

2019 ◽  
pp. 16-19
Author(s):  
Oryslava Korkuna ◽  
Ivan Korkuna ◽  
Oleh Tsilnyk
Keyword(s):  
Development Strategy ◽  
Local Governments ◽  
Local Governance ◽  
Legal Regulation ◽  
Major Elements ◽  
The Development Strategy ◽  
Social Entity ◽  
European Standards ◽  
Definition Of ◽  
State Regional

Development of a territorial community requires efficient use of its capacity taking into account all possible aspects in the course of elaboration and implementation of the development strategy and other local legal and regulative documents. The approach is directly related to maintaining the living activity of a territorial community and should correspond to the interests of population and European standards of state regional policy. In addition to the definition of a community provided by the Law of Ukraine “On Local Governance in Ukraine”, there are also some other. For example, some authors understand territorial community as a single natural and social entity that operates in spatial boundaries of a state and realizes daily needs and interests of population. The paper aims to analyze legal and regulative foundation of the development of territorial communities in conditions of decentralization. The authors analyze current condition of legal and regulative maintenance of local governance reforming in Ukraine in conditions of decentralization of authorities. The paper argues that the major elements of management strategy in CTCs in Ukraine are independence, efficiency, management innovations, quicker and more substantiated decision-making and everything to meet the needs of community’s residents. Management of this sector is grounded on the principles of the provisions of European Charter of Local Self-Government that provides for decentralization of authorities and transfer of resources and responsibilities to local governments. Liabilities of local governments (of consolidated territorial communities) and the mayors are analyzed. The authors prove that in general legal provision of decentralization of local governance corresponds to European requirements and creates reliable ground for practical stage of the reform. The list of issues that require further legal regulation is outlined.

scholarly journals Financial and legal basis of the activities of the united territorial communities

2021 ◽  
pp. 54-58
Author(s):  
Ye. Ananieva
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Legal Regulation ◽  
Regional Governance ◽  
Budget Process ◽  
Scientific Publications ◽  
Scientific Discussion ◽  
Modern Economy ◽  
European Standards ◽  
Constituent Elements

Problems of legal regulation of local finances are considered in the works of lawyers, economists, sociologists, public administration specialists, from different positions of their formation, distribution and use in public relations, but in modern conditions of budgetary relations, namely – formation of budgets of united territorial communities, introduction of decentralization in regional governance, administrative reform, orientation of Ukraine to European standards and values of life, the concept of legal regulation of local finances, in particular, budget relations needs to be updated. Scientific publications investigate the problems of defining local finances as a basic basis for local government, which ensures the reproduction of the budget process and the development of regions, their constituent elements and purpose. However, at present the scientific discussion on the legal significance of local finances, their constituent elements, sources of formation and use continues, because in the modern economy a significant part of financial resources is formed and redistributed through budgets, which include budgets of united territorial communities. which, finally, as a legal institution is not defined. The development of local self-government from the standpoint of the government’s proposed decentralization of power provides for the purpose of creating high-quality living conditions for citizens, providing them with the necessary public services, development of material and social base of the region. These tasks are implemented in the presence of appropriate economic development of the territory, its financial support, which depends on the sources of budget and extrabudgetary funds and areas of their use.

scholarly journals Implementation of the Provisions of the European Convention for the Protection of Pet Animals into Ukrainian Legislation: Some Theoretical and Applied Aspects

2021 ◽  
Vol 30 (3) ◽  
pp. 29-45
Author(s):  
Nadiia Kobetska ◽  
Lesia Danyliuk
Keyword(s):  
Animal Welfare ◽  
Animal Rights ◽  
Legal Regulation ◽  
European Convention ◽  
General Nature ◽  
Legislative Process ◽  
Legal Representation ◽  
The Law ◽  
European Standards ◽  
Legal Mechanism

European integration processes in Ukraine have led to the approximation of national legislation to European standards, including pet handling. The first and currently the only ratified European convention in Ukraine on protection and ensuring animal welfare is the European Convention for the Protection of Pet Animals. The article describes the major doctrinal, legislative and practical aspects of implementing this Convention into Ukrainian law. The legal regulation of the humane treatment of domestic animals in Ukraine is based on the Law of Ukraine on the protection of animals from cruel treatment, its provisions being of a general nature, and detailed solutions are found in other laws and regulations. Detailed rules for dealing with pets are determined by municipalities and they are implemented in the relevant administrative and territorial units. The concept of “animal rights”, despite its proclamation in the preamble to the Law of Ukraine on the protection of animals from cruel treatment, has no formal legal representation and reflection in Ukrainian legislation. Nevertheless, Ukrainian legal academic doctrine, legislative process and law enforcement practice are currently embodying the concept of animal welfare. The development and implementation of a coherent legal mechanism for pet handling is the major contributing factor in achieving pet welfare, therefore Ukraine needs a clear strategy to improve its legal regulation.

scholarly journals LEGAL REGULATION OF WASTE MANAGEMENT IN UKRAINE AND THE EU

2020 ◽  
pp. 67-78
Author(s):  
Oleksandr Balobanov ◽  
◽  
Anastasiia Shparlo ◽  
Keyword(s):  
Waste Management ◽  
Negative Impact ◽  
Human Life ◽  
Legal Regulation ◽  
State Regulation ◽  
Regulatory Framework ◽  
Technical Equipment ◽  
European Legislation ◽  
European Standards ◽  
Maritime Infrastructure

Ensuring the environment is safe for human life and health is one of the vital goals of the entire world community. Seaports inevitably affect the atmosphere, hydrosphere and soil. The main source of environmental pollution are merchant ships, which produce the most danger for the marine environment. The solution to the problem of waste management should be carried out through the state regulation, which should take into account the national characteristics of the population and the positive experience of European legislation. The author notes that the effective functioning and development of seaports depends on a number of factors, including the level of their technological and technical equipment, development of maritime infrastructure, compliance of the management system with modern international requirements, provision of regulatory framework. The current legislation of Ukraine and the requirements of the European legislation in the field of waste management are considered and analyzed. Approaches to solving the global problem in the context of European integration are proposed, namely: creating the necessary regulatory framework to reduce ship waste and cargo residues into the sea, as well as preventing or limiting the negative impact of seaports on the environment and human health; creation of modern infrastructure. The lack of regulation has a direct impact on the environment, on the efficiency of not only the port and transport industry, but also the economy as a whole. The study aims to highlight a fundamental criterion − waste management in the ports of Ukraine. It is concluded that in Ukraine there is no clear organizational structure of waste management. The author concludes that it is necessary to use European standards for waste management in ports

scholarly journals REGULATION OF LOCAL REFERENDUM RELATIONS – A PRECONDITION FOR FURTHER IMPLEMENTATION OF THE DECENTRALIZATION REFORM

2021 ◽  
pp. 21-29
Author(s):  
V. M. Bozhko
Keyword(s):  
Local Level ◽  
Legal Regulation ◽  
Place Of Residence ◽  
European Court ◽  
District Council ◽  
The Law ◽  
European Standards ◽  
Venice Commission ◽  
Decentralization Reform ◽  
Regional Authorities

The article analyzes the prospects for the legal regulation of relations the organization and conduct of a local referendum in Ukraine. The relevance of the topic is due to a number of reasons: a local referendum is indeed one of the effective tools through which a territorial community can exercise its power directly. Therefore, this right is declared not only in the text of the Constitution of Ukraine. A number of special laws indicate that certain decisions can be made at a local referendum. However, the legal uncertainty that arose after the termination of the law of Ukraine “On All-Ukrainian and Local Referendums” and the recognition of the Law of Ukraine as unconstitutional by which the aforementioned Law was terminated, has not yet been eliminated in Ukraine. So the main attention in the article is directed to the analysis of the draft law “On local referendum” (register № 5512), submitted to the parliament on May 19, 2021 and sent on October 30, 2021 to The Venice Commission. The purpose of the article is to investigate the compliance of the content of the above-mentioned draft law with the Constitution of Ukraine and European standards embodied in acts of international organizations, of which our state is a member. In general, having positively assessed the content of the above draft law, the article substantiates the advisability of introducing a number of amendments into it due to Resolution 472 (2021) and Recommendation 459 (2021) “Conducting referenda at the local level”, adopted on May 18, 2021 by the Congress of Local and Regional Authorities, and the decision of the European Court of Human Rights of October 21, 2021 in the case “Seligenenko and others v. Ukraine”. It is proposed: to allow to participate in the local referendum not only those citizens of Ukraine who registered their place of residence on the territory of the corresponding territorial community, but also those who registered their place of residence there and are taxpayers for at least six consecutive months; introduce the possibility of using electronic services when voting at a local referendum; to remove the norm that makes it impossible to simultaneously hold elections and a local referendum, and we also propose to determine the subject of the appointment of a local referendum not to the territorial commission from the local referendum, but to the village, settlement, mayor, chairman of the district, regional, district council in the city.

scholarly journals Delegation of State Powers to Local Self-Government Bodies: Foreign Experience and Ukrainian Realities

2019 ◽  
Vol 9 (3) ◽  
pp. 262-285
Author(s):  
Svitlana Serohina ◽  
Iryna Bodrova ◽  
Anna Novak
Keyword(s):  
Local Governments ◽  
Comparative Research ◽  
Scientific Research ◽  
Legal Regulation ◽  
The State ◽  
Logical Analysis ◽  
Foreign Experience ◽  
Depth Analysis ◽  
European Standards ◽  
Delegation Of Powers

AbstractThis article is devoted to the study of the problems of the delegation of state powers to local self-government bodies. The paper reveals the pluralism of approaches to the organization of models of such interaction in the countries where various doctrines of the organization and functioning of local self-government prevail (the state-oriented doctrine, the community-oriented doctrine, and the doctrine of municipal dualism). Using the example of various European states (grouped on the basis of the prevailing doctrines presented above for convenience), we reveal specific schemes for the legal regulation of interaction within such relations, their positive features, and drawbacks. The obtained data presented in a compressed form in the paper also features an in-depth analysis of the constitutional and legal regulation of the delegation of state powers to local governments in Ukraine. An important element of the novelty of the study was the projection of modern Ukrainian problems in the field of delegated powers through the prism of the existing European systems and relevant experience, thereby complementing this study with a comparative dimension.Conclusions made by the authors feature a set of recommendations based on the conducted comparative research and on formal and logical analysis of compliance of the domestic model of the delegation of powers with the provisions of the European Charter of Local Self-Government. Taking into account the fact that European standards in the sphere of the delegation of powers (depends on the adoption of amendments to the Constitution of Ukraine and the Law ‘On delegation of separate powers of executive authorities to local self-government bodies’) are not yet implemented in Ukraine, we believe that this research will not only be useful in the context of theoretical and scientific research of the issue but also has the potential to contribute to the development and implementation of relevant legislation.

scholarly journals Admistrative and legal tools in the activities of the cabinet of min- isters of Ukraine

2021 ◽  
pp. 229-234
Author(s):  
I.V. Kovbas ◽  
P.I. Krainii ◽  
S.M. Rudan
Keyword(s):  
Public Policy ◽  
Public Relations ◽  
Public Administration ◽  
Legal Regulation ◽  
Effective Implementation ◽  
European Standards ◽  
Specific Regulation ◽  
Legal Forms ◽  
And Task

Based on the analysis of normative-legal acts and certain scientific-methodological sources, the article under studies identifies the typical tools, applied by the Cabinet of Ministers of Ukraine in the course of administering its powers. Proper organization and quality legal regulation of the competence, legal forms and methods of the Cabinet of Ministers of Ukraine are of great significance since they affect public relations and the growth of population’s welfare, which is the Cabinet’s main purpose and task. The above considerations require the search for modern democratic and legal approaches to determine the forms of activity of the Cabinet of Ministers of Ukraine. In our opinion, this might be achieved through analyzing various scientific and methodological sources, normative-legal acts on the issue, as well as by means of articulating proposals regarding the improvement of the existing legislation, which in turn, will ensure effective implementation of public policy in Ukraine. The issuance of resolutions and orders of the Cabinet of Ministers of Ukraine is a procedure carried out in a certain sequence. It aims at achieving a clearly defined legal result and requires specific regulation through procedural rules. This procedure is carried out within the framework of two proceedings: a) on the issuance of resolutions and b) on the issuance of orders of the Cabinet of Ministers of Ukraine. In its activities, the Cabinet of Ministers of Ukraine applies various legal forms, which can be defined as ad-ministrative and legal tools. Therefore, it is essential to bring the legislation of Ukraine in line with the European standards, in particular in terms of normative-legal consolidation of the tools of public administration, with the aim of avoiding the use of such outdated concepts as “forms of governing”, “forms of state governing”, etc.

Features of adaptation of the national punishment system to European standards

2020 ◽  
pp. 87-92
Author(s):  
Alexey Tavolzhanskyi ◽  
Valeriya Prykhodko
Keyword(s):  
European Integration ◽  
Detailed Examination ◽  
Legal Regulation ◽  
International Standards ◽  
European Countries ◽  
Main Body ◽  
National Legislation ◽  
National System ◽  
European Legislation ◽  
European Standards

Problem setting. Ukraine has chosen a course for European integration. The existing legal order in Ukraine is being reformed in accordance with European standards in order to improve the quality of legislation and, subsequently, the living standards of the population. The system of punishment is no exception. As it is not possible to get rid of crime completely, it is possible to improve the mechanisms that realize the main purpose of punishment, and through which crime will be reduced. The fight against crime in Europe is more effective than the experience of post-Soviet countries, so it can be argued that the adaptation of national legislation to European can be a positive phenomenon for Ukraine. Analysis of recent researches and publications. Various aspects of the problem of implementation of international standards in domestic practice in the field of serving sentences, in particular regarding imprisonment, were dealt with by a number of scientists, in particular Pripolova L.I., Golovkin B.M., Kushnir Ya.O., Smirnova A.V., Popko V.V., Ptashinsky O.V., Stepaniuk А.N., Farenyuk S.Ya. and others. Target of research. The aim of the article is to highlight the most important points in the modern national system of punishments, which contain shortcomings at the same time with the possibility of reforming them in accordance with European legislation. Article’s main body. According to Article 51 of the Criminal Code of Ukraine in Ukraine there are 12 types of punishment. They are divided into basic and additional. Once a sentence has been imposed, it is not so important to classify it into basic and additional, so criminal executive law divides all sentences into isolation and non-isolation. Criminal and criminal-executive law of Ukraine is a national system of punishments, which includes the concept of punishment, types, limits of punishment and the order of their serving. This system is the result of many changes in Soviet legislation, following the experience of European countries, as Ukraine has chosen a course of European integration since the beginning of its independence. But it is not enough to simply bring the system of legislation of Ukraine in line with European norms, because it is the implementation of these norms that is important, which can create an obstacle in the reform of the penitentiary system. Therefore, the adaptation of national legislation to European legislation in the field of execution and serving sentences should meet the needs of the Ukrainian penitentiary system while eliminating the most significant shortcomings of this system. Conclusions and prospects for the development. Based on the analysis, it can be argued that it is appropriate to change the national system of punishment in accordance with international norms and practices of European countries. Emphasis is placed on gradual, comprehensive reform, which will ensure the formation of a quality mechanism for the implementation of all purposes of punishment. Changes are needed in general, starting with the terminology of certain not quite accurate concepts used by the legislator, ending with the mechanism of implementation of norms and maximum improvement of conditions of serving a sentence. A detailed examination of the shortcomings of some types of punishment confirms that Ukrainian legislation in certain institutions needs new legal regulation. This applies primarily to fines and imprisonment, as these punishments are the leading and, according to many scholars and legal practitioners, the most effective for punishment, and later correction of the person.

Administrative Procedure: European Standards and Conclusions for Ukraine

2019 ◽  
Vol 10 (7) ◽  
pp. 1968
Author(s):  
Iryna V. BOIKO ◽  
Oleksandr T. ZYMA ◽  
Yuliia V. MEKH ◽  
Olha M. SOLOVIOVA ◽  
Valentyna A. SOMINA
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Legal Regulation ◽  
Law School ◽  
Scientific Article ◽  
Administrative Procedure ◽  
European Experience ◽  
Law Enforcement Officials ◽  
Legal Structures ◽  
European Standards

The relevance of the scientific article is due to the necessity to search for models of legal regulation of public relations that arise in public administration with a private person, which would meet the European standards of administrative procedure. The purpose of the article is to study the European experience of administrative and procedural ordering of public relations in order to form ideas of implementation in the legal field of Ukraine. The leading methods of research were the analysis of European practices of administrative procedure, modelling of legal structures acceptable to Ukraine. As a result of the research, proposals for legislative initiatives on the procedure for adopting administrative acts were formed. Research can be helpful to law-abiding lawyers and law enforcement officials, law school educators, and public administration officials and officials seeking to apply good administration standards and practices to individual management matters.  

scholarly journals Legal issues of death donorship in Ukraine

2020 ◽  
pp. 11-13
Author(s):  
Tetiana YAMNENKO ◽  
Anastasiia MELNYK
Keyword(s):  
Organ Transplantation ◽  
Public Funding ◽  
Organ Transplant ◽  
Deceased Donor ◽  
Legal Framework ◽  
Legal Regulation ◽  
Community Research ◽  
Analysis And Synthesis ◽  
European Standards ◽  
The Moment

The purpose of the paper is to investigate the topic of posthumous donation and to consider the legal models for the legal regulation of the removal of organs from deceased persons - the "presumption of consent" and the "presumption of disagreement" that have developed in the world community. Research methods: documentary analysis and synthesis, comparative analysis, objective truth, cognitive-analytical, etc. Results: the practice of applying each of the legal models of organ transplantation from a deceased donor has been clarified. Discussion: current state of national legal regulation of organ transplantation from a deceased donor. The issue of transplantation has long required the development of a current legal framework in Ukraine that meets European standards, in particular. At the moment, the adoption of "On the Use of Transplantation of Anatomical Materials to Man" dated 17.05.2018 indicates the stabilization of state policy in this field, however, some aspects of the implementation of the law necessitate additional interpretation or adoption of normative legal acts. In Europe, the legal basis for the development of such a phenomenon as donation is much better developed than in our country, which is more positively reflected in the living and health standards of these countries. However, the organ transplant procedure in Ukraine is on the way to its widespread practical application. The following major problems of posthumous donation in Ukraine can be distinguished as: insufficiently clear legal definition of the conceptual categorical apparatus and the mechanism of applying the presumption of consent and disagreement; the absence, and therefore the need, of establishing a register of recipients; critical level of public funding for this field of medicine; insufficient coverage of the topic by the state and, as a consequence, the need for society in the field of organ donation. The above list of issues is not exhaustive and therefore requires a comprehensive legislative, scientific and medical approach.

Sign in / Sign up

Export Citation Format

Share Document