scholarly journals EUROPEAN INTEGRATION OF UKRAINE IN NATIONAL LEGISLATION

2020 ◽  
pp. 87-92
Author(s):  
Alexey Tavolzhanskyi ◽  
Valeriya Prykhodko

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.


Author(s):  
Alexander H. Türk

The evolution of EU legislation and its legislative procedures can be seen as a reflection of the development of European integration from an administrative regime to a constitutional system more generally. The Coal and Steel Community of 1951 was to perform its functions with actors, legal instruments, and procedures for their adoption, which, despite their supranational nature, were inspired by national notions of administrative law. The idea that a representative and democratically accountable institution would adopt binding legal acts for its citizens seemed at this stage far-fetched. Even though the European Community Treaty of 1957, owing to its more broadly framed policies, envisaged an increased law-making activity, the dominance of executive actors (Commission and Council) in the adoption of legal acts with little or no input from the European Assembly was not conducive to an assessment of such acts as comparable to national legislation. On the other hand, it could not be argued that such acts were typically administrative either. Their normative content made them more comparable to national executive laws.


Management ◽  
2020 ◽  
Vol 30 (2) ◽  
pp. 75-85
Author(s):  
Lyubov V. Murovana

Introduction. One of the main directions of Ukraine in international cooperation is the Euro integration process. The main purpose of which is the implementation of national legislation to European standards, with further adaptation and modification in accordance with international rules and regulations.Scientific research hypothesis. Any integration processes are quite complex and time-consuming, but they are necessary to improve the performance of the field in which they take place. Ukraine's European integration is aimed at ensuring the development of the spheres of political, legal, economic and social life of the country, including public procurement system in Ukraine.The purpose of the study is to analyze the impact of integration processes on the current regulatory framework of the public procurement system in Ukraine.Research methods. General and special methods, such as systematic analysis and generalization, were used to determine the state of disclosure of the research problem. The method of comparisons, analogies and systematization was used for the analysis of regulatory documents regulating the sphere of public procurement.Results. On the basis of the author's study of the current state of legal support of the public procurement system in the context of European integration of Ukraine, a gradual distribution of the evolution of national legislation in the field of public procurement to international standards was presented, with its further reformation into the field of public procurement. The basic functions of the institutional structure of the public procurement system are considered and the valid legal acts of the procurement process are summarized.Conclusions. The analysis of the process of reforming the system of "public procurement" in the field of "public procurement" is characterized by a rethinking of the spending units of public funds with the need to approximate national legislation to international standards. For this purpose, a number of normative legal acts have been adopted by the state authorities aimed at accelerating the process of European integration of Ukraine, but some of them require further research and adjustments in order to adapt to national legislation.


2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Kidalov Serhii ◽  

The article is devoted to the study of the state of regulatory support in the field of waste management in Ukraine and the search for proposals to improve national legislation, which is an indicator of national security at both environmental and economic levels. Also, the scientific article provides a detailed analysis of legislation in the field of waste disposal in Ukraine and examines the impact of legal doctrine on the development of national legislation in this area. As for the improvement of regulatory support in this area, in the process of research we provide examples of already effective international standards, which as a result of their implementation in Ukraine have the opportunity to improve the situation in the field of waste management and disposal. Conducting research on the state policy of Ukraine in the field of waste management, it is determined that it is based on the principles of openness, accountability, transparency of public authorities; public participation in the formation of public policy; observance of ecological rights of citizens; encouragement to conduct environmentally responsible business and environmentally conscious behavior of citizens; prevention of environmental damage; international cooperation and European integration. It should be noted that the situation with waste disposal is uncontrolled, to confirm this there is a large number of illegal landfills, which is a threat of environmental catastrophe. The reason for this situation, in our opinion, is outdated, partially ineffective legislation and problems of implementation of European standards, which aim to regulate the legal basis in the field of waste management in Ukraine. Accordingly, the establishment of clear rules and the introduction of influential sanctions in case of their violation is a component of the ecological balance and economic development of the country. Keywords: waste disposal, landfills, environmental status, European integration


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