The Concept and Methods of Harmonisation of the Private Law Legislation of Ukraine in the Field of Provision of Transport Services with the Legislation of the European Union

2020 ◽  
Vol 27 (2) ◽  
pp. 118-140
Author(s):  
I. S. LUKASEVYCH-KRUTNYK
Keyword(s):  
European Union ◽  
Private Law ◽  
The European Union ◽  
Transport Services

The concept and methods of harmonisation of the private law legislation of ukraine in the field of provision of transport services with the legislation of the European Union

2020 ◽  
Vol 27 (2) ◽  
pp. 91-106
Author(s):  
Iryna Lukasevych-Krutnyk
Keyword(s):  
European Union ◽  
Scientific Work ◽  
Legal Regulation ◽  
Educational Process ◽  
Practical Significance ◽  
Private Law ◽  
Eu Law ◽  
The European Union ◽  
National Legislation ◽  
Transport Services

The article is devoted to the harmonisation of private law legislation of Ukraine in the field of transport services with the legislation of the European Union. The purpose of the study is to formulate the concept and determine the main ways to harmonise the private law of Ukraine in the field of transport services with the legislation of the European Union. The main method of scientific work is the method of legal analysis, the use of which made it possible to identify possible ways to harmonise national legislation in this area to European standards. Based on the analysis of the norms of national legislation and the legislation of the European Union, the terms “harmonisation”, “adaptation” and “approximation” were distinguished. It was proposed to understand the harmonisation of private legislation in the field of transport services with the legislation of the European Union as the process of adjusting Ukrainian legislation on the basis of EU legislation, in particular directives and regulations, in order to bring national legislation in line with their provisions. According to the results of the study, the harmonisation of private law of Ukraine in the field of transport services with EU law occurs in three ways, namely: 1) Ukraine's accession to international regulations in force in the EU, or the signing of bilateral agreements on cooperation in in the field of providing transport services with EU countries; 2) development and adoption of regulatory legal acts of Ukraine in the field of transport services, which take into account the provisions of EU law; 3) implementation into national legislation of the provisions of EU regulations and directives by making changes and additions to the current regulations of Ukraine. The practical significance of the research results is that the theoretical provisions and conclusions can become the basis for further research on the legal regulation of contractual relations for the provision of transport services in the context of European integration processes. The materials of the article can be used in the educational process for the preparation of educational and methodological support and teaching of relevant topics in terms of training courses in civil, contract and contract law, as well as special civil disciplines

scholarly journals Protection of fundamental rights in the private law of the European Union

2020 ◽  
Vol 2 (2) ◽  
pp. 117-153
Author(s):  
Tatjana Josipović
Keyword(s):  
European Union ◽  
Member State ◽  
Fundamental Rights ◽  
Private Law ◽  
Eu Law ◽  
The European Union ◽  
Freedom Of Contract ◽  
Optimal Balance ◽  
Private Autonomy

The paper considers and comments on the instruments of protection of the fundamental rights of the Union in private law relationships that are in the scope of applicable EU law. Special attention is paid to the influence of fundamental rights of the Union on private autonomy and the freedom of contract in private law relationships depending on whether fundamental rights are protected by national law harmonized with EU law, or by horizontal effects of the Charter of general principles. The goal of the paper is to determine the method in private law relationships that can attain the optimal balance between the protection of fundamental rights of the Union and the principle of private autonomy and the freedom of contract regulated by national law of a member state. The author favors the protection of fundamental rights in private law relationships by applying adequate measures that create indirect horizontal effects of the provisions of EU law on fundamental rights. These concern national measures that can also secure adequate protection of fundamental rights via interpretation and application of national law in line with EU law in private law relationships.

scholarly journals STUDY OF TARIFFS FOR TRANSPORT SERVICES IN THE EUROPEAN UNION COUNTRIES AND THE RUSSIAN FEDERATION

2021 ◽  
pp. 39-45
Author(s):  
Z. A. Kapelyuk ◽  
Y. V. Popova
Keyword(s):  
European Union ◽  
Russian Federation ◽  
The European Union ◽  
Railway Transportation ◽  
Tariff Policy ◽  
Transportation Services ◽  
Transport Services ◽  
The Russian Federation ◽  
The Cost ◽  
The Impact

The article analyzes the experience of tariff regulation of the cost of passenger railway transportation services in the European Union and the Russian Federation. The features of tariff regulation are disclosed and eleven countries are classified according to the main categories. Tariff policy for transport services is used to ensure the consistency of economic interests of consumers and is a problematic segment for all types of transport. The article deals with tariff regulation of the cost of services provided by the railway infrastructure. Comparison of domestic and foreign experience in pricing of transport services for further development of Russian Railways is carried out. The setting of tariffs and available discounts, as well as benefits for the purchase of tickets for trains in the countries of the European Union and Russia are considered. The indexation of tariffs for transportation services of Russian Railways depending on the period of the trip and the comfort of the car is analyzed. Conclusions on the impact of mobile tariffs on economic efficiency, as well as the need to improve the tariff policy in the Russian Federation by involving foreign transport companies in implementation.

scholarly journals International Trade in Transport Services between Poland and the European Union

2021 ◽  
Vol 13 (1) ◽  
pp. 424
Author(s):  
Agnieszka Malkowska ◽  
Arkadiusz Malkowski
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Foreign Trade ◽  
Secondary Data ◽  
The European Union ◽  
Eu Countries ◽  
Transport Services ◽  
Polish Economy ◽  
Polish Foreign

The structure of international trade in today’s global economy is undergoing transformation. The increase in the importance of services is a clear trend. In Polish foreign trade with the European Union countries, it is transport services that to the greatest extent create the trade surplus. These services significantly affect the environment, which makes it necessary to take measures aimed at the implementation of the green transport principles. The aim of the study was to provide a detailed description of transport services in Polish foreign trade with European Union (EU) countries and to assess the role of these services in Polish economy, including in terms of sustainable development. The study concerned transport services, consisting of four separate types: maritime transport, air transport, other transport services (except maritime and air) and postal and courier services. The time span of the study was 2010–2018. The latest secondary data from the official statistics of the National Bank of Poland and the Central Statistical Office were used for the purpose of the analysis. The research methods included: critical analysis of the source literature, analysis of secondary data (desk-research) and graphic methods (tables and diagrams), by means of which the results of the study were presented. The conclusions drawn are inductive and deductive in nature. The article describes in detail Polish trade in transport services with EU countries. It focuses on export, import and balance. The role of the examined services in foreign trade and Polish economy was assessed based on the analysis of the structure of export and import and the rate of export and import, geographical orientation of trade, as well as the activity of enterprises from the transport service sector, registered in Poland, including joint ventures. Research has shown that between 2010 and 2018 Polish export and import of transport services as part of trade relations with EU countries increased considerably. The conducted research indicates that transport services are a crucial element of Polish trade. The role of EU countries in the Polish trade in transport services was recognised as significant and growing. This has a positive impact on the country’s economy. The increasing role of road transport in the structure of the Polish trade indicates that Polish entities providing transport services are thriving in this demanding market. However, the analysis of the source literature indicated changes in the preferences of consumers, who increasingly often expect the implementation of sustainable development principles in the distribution of goods. Green marketing or green transport are concepts more and more frequently used to gain competitive advantage in the market. The transport sector in Poland is facing a major trend towards the implementation of sustainable development principles. In order to maintain sales growth internationally, the entities will have to implement sustainable development principles.

scholarly journals Ecological conditions for the implementation of the european modular systems in road transport

2021 ◽  
Vol 351 ◽  
pp. 01022
Author(s):  
Anna Dzioba ◽  
Marietta Markiewicz ◽  
Jan Gutsche ◽  
Adam Talaśka
Keyword(s):  
European Union ◽  
Fuel Consumption ◽  
Road Transport ◽  
The European Union ◽  
Main Aspect ◽  
Ecological Aspect ◽  
Modular Systems ◽  
Ecological Conditions ◽  
Transport Services ◽  
Standard Sets

This article focuses on the challenges and problems facing road transport nowadays. The main aspect discussed in the paper is the ecological aspect. As the demand for transport services has been constantly growing for the last 20 years, solving the problem has become a great challenge. In the further part of the study, an attempt was made to indicate solutions applied in the European Union. Another solution is presented in this paper, which is the introduction of European Modular Systems to road transport. Their characteristics were presented and countries in which such solutions are used were indicated. Based the analysis of studies in the field of the discussed issues, a comparison of fuel consumption and CO2 and NOx emissions of standard sets with EMS sets was carried out.

scholarly journals A Brief Assessment of the Main Commercial Contracts under the New Romanian Civil Code

2020 ◽  
Vol 20 (2) ◽  
pp. 274-289
Author(s):  
Dan Velicu
Keyword(s):  
European Union ◽  
Civil Code ◽  
Private Law ◽  
Legal Systems ◽  
The European Union ◽  
Short Article ◽  
Brief Assessment ◽  
Commercial Code ◽  
New Institutions ◽  
General Regulation

Summary From 2011 Romania has a new Civil Code. Although the government’s initiative was to unify the private law according to the model of the Italian Civil Code of 1942 by repealing the Commercial Code of 1887, the new Civil Code only succeeded in putting together civil rules and commercial rules, the latter being relocated from the former Commercial Code. Obviously, an exhaustive analysis of the new Civil Code is impossible in the frame of a short article. That’s why the author of this study tries to evaluate the new Civil Code regulation by focusing on the main commercial contracts. Some general civil rules that are traditionally applied for centuries in most of the European continental legal systems (e.g. ownership concept, warranty for defects, the buyer’s duty to pay the price etc) will be premeditatedly neglected or just shortly approached. The commercial contracts are very important in the field of the international commercial relations – even between the borders of the European Union –, when in many cases the parties agree that the national law will govern the contract. The goal of the study is to offer a brief commentary on the new institutions together with a comparative presentation of the general regulation of the main commercial agreements.

scholarly journals La promesa de hecho ajeno: cuestiones de competencia judicial internacional en la Unión Europea = The promise of a third party´s fact: issues of international judicial competence in the European Union

2019 ◽  
Vol 11 (1) ◽  
pp. 841
Author(s):  
Gabriel Mengual Pujante
Keyword(s):  
European Union ◽  
Third Party ◽  
Private Law ◽  
The European Union ◽  
Provision Of Services ◽  
Brussels Regulation ◽  
The Eu

Resumen: La promesa de hecho ajeno es una modalidad contractual ampliamente conocida en la Unión Europa y, a su vez, paradigma de uno de los principios fundamentales del Derecho privado: la relatividad de los contratos. Desde una perspectiva axiológica y práctica, el operador jurídico debe conocer el escenario que puede devengarse en un supuesto internacional. Por ello, resulta oportuno trazar una aproximación al sector de la competencia judicial internacional en el Derecho Internacional Privado de la UE.Palabras clave: promesa de hecho ajeno, relatividad de los contratos, Reglamento Bruselas I-bis, contrato de prestación de servicios, competencia judicial internacional.Abstract: The promise of a third party´s fact is a contractual modality widely known in the European Union and, in turn, paradigm of one of the fundamental principles of private law: the relativity of contracts. From an axiological and practical perspective, the legal operator must know the landscape that may arise in an international case. For this reason, it is appropriate to draw an approximation to the sector of the international judicial competence in the EU Private International Law.Keywords: promise of a third party´s fact, relativity of contracts, Brussels Regulation I-bis, contract for the provision of services, international judicial competence.

scholarly journals Competitiveness of Lithuanian Freight Transport Service Sector in the Context of the European Union

Ekonomika ◽  
2007 ◽  
Vol 80 ◽  
Author(s):  
Neringa Langvinienė ◽  
Jurgita Sekliuckienė
Keyword(s):  
European Union ◽  
Service Sector ◽  
Business Environment ◽  
Freight Transport ◽  
Theoretical Background ◽  
Transport Sector ◽  
The European Union ◽  
Transport Service ◽  
Firm Level ◽  
Transport Services

Progressive changes, dynamic business environment become a constant of life in several economics spheres, including the Lithuanian freight transport service sector. Lithuanian freight transport services are characterized as sector acting on the terms of high rivalry. The aim of this article is to analyse the competitiveness of the Lithuanian freight transport sector in the context of the European Union. The competitive theoretical background, estimation of competitiveness of freight transport services are analysed. The competitive analysis of the sector through the Porter’s model of five forces and internal characteristics of the enterprise defining the Lithuanian freight transport sector in terms of size and specialization is carried out. The methods of the research are systematics and a comparative analysis of scientific literature, quantitative research based on freight transport organisation survey. An empirical survey in which 349 freight transport service enterprises were examined allowed to reveal and estimate the most important factors influencing the competition intensity and the main firm-level factors that influence the companies’ competitiveness in the economic sector.

The New Transformation of Europe: Arcana Imperii

2020 ◽  
Vol 68 (1) ◽  
pp. 151-185
Author(s):  
Leone Niglia
Keyword(s):  
European Union ◽  
Member State ◽  
Structural Transformation ◽  
Monetary Union ◽  
Economic And Monetary Union ◽  
Private Law ◽  
Sovereign Power ◽  
The European Union ◽  
European Union Law ◽  
The Past

Abstract The European Union is undergoing a structural transformation—a regression from integration through law as an anti-hegemonic project of equal membership to a condition in which member state orders, under a transformed European Union law, gravitate around unequal relations of subordination. Alongside the surveillance mechanisms that constrain the member states to conform to the requirements of the Economic and Monetary Union are private law arrangements (the “memoranda of understanding” qua “contracts”) that equally, and with greater force, produce subordination. Adopting a critical comparative-historical approach, this Article delves into Europe’s collective legal memory, and the past of colonial relations, to make intelligible the deployment of the memoranda contracts whose harsh terms have been dramatically changing the condition of the “debtor countries” for the worse; in the arcana of private law lies the truth about the changing condition of sovereign power in contemporary Europe and about the potential to change direction and counter the “jurisdomination” turn.

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