scholarly journals . Current issues of legal education reform in Ukraine.

Author(s):  
Oleksandra Skok

This article is aimed at studying issues related to the reform of legal education in Ukraine, taking into account the legal regulation of this area of state activity. Since 2004, since the adoption of the national program of adaptation of Ukrainian legislation to the legislation of the European Union, a process has begun to bring the provisions of national legislation into European standards in order for Ukraine to meet the third Copenhagen and Madrid criteria for membership in the European Union. One of the areas of implementation of this Program is legal reform in Ukraine, which affects the formation of common approaches to creating a regulatory framework for training qualified professionals and creating appropriate conditions for the institutional, scientific and educational process of adaptation of Ukrainian legislation. In addition, the ways of implementing the National Strategy for the Development of Education in Ukraine until 2021 and the National Doctrine of Education Development need special attention. Many domestic scholars have paid attention to the issue of legal education reform in different years. However, this area is becoming increasingly important due to the development of society as a whole and the growing demand for the legal profession, which is reflected in quantitative indicators. Thus, according to the Ministry of Education and Science of Ukraine, in 2021, in the ranking of specialties by the number of applications, the specialty «Law» takes second place. In 2021, 68,124 applications were submitted for this specialty. As a result of the study, the problematic issues related to bringing the regulatory framework to a single model, which must meet both European standards and the Constitution of Ukraine, were identified. Given the demand for legal education, both in Ukraine and abroad, its regulation should be paid attention in the first place.

Author(s):  
Oleksii O. Kot ◽  
Nadiia V. Milovska ◽  
Leonid V. Yefimenko

The study investigates the current state and defines the methodological foundations for improving the practical training of lawyers in the context of reforming legal education by establishing the features of legal regulation of legal education and its role in the state system, identifying the main problems of modern legal education, as well as analysing foreign experience in practical training of specialists in the field of law. The study uses general scientific and special legal methods of scientific cognition, including comparative legal, philosophical and functional methods, dialectical and formal legal methods of cognition, method of analysis and synthesis. The paper established that the professional training of future specialists in the field of law is currently described by a disparity between the theoretical knowledge and practical skills of law graduates, which complicates their adaptation to practical work. The authors of this study proved that the reform of the legal training system through increasing its practical orientation, determining the state needs of legal personnel of various educational levels, internationalisation of higher education, introduction of new specialisations in accordance with the needs of various spheres of legal practice, should become the basis for the development of legal education in Ukraine. Attention was focused on the need to optimise the system of training legal personnel mainly through the introduction of new teaching methods, the approval of new educational standards, considering the corresponding progressive foreign experience in this field, provided that the accumulated experience, traditions, and principles of Ukrainian higher legal education are preserved, thereby ensuring the development of future specialists with stable practical skills of law enforcement activities. It was found that in the context of the reform of legal education, it is important to establish such requirements for the educational process that would ensure that students master not only a minimum amount of knowledge, but also practical skills because practical training of students is a mandatory component of the educational and professional programme for obtaining an educational degree. In particular, it is necessary to reorient the content and orientation of educational works of applicants for legal education, which should be focused not only on repeating or reproducing theoretical material, but also on solving specially developed practical situations. The issue of increasing the duration of internships and effective cooperation between educational institutions and employers is also important. Improving the effectiveness of training specialists in the field of law through a proportional ratio of theoretical and practical content of the educational process in legal specialities is aimed at modernising the higher legal education model in Ukraine


Author(s):  
Diana Prihoanca ◽  
Brândușa-Mariana Amălăncei

Romania’s adherence to the European Union implied the previous and entire acceptance of the Community acquis in force on 31st of December 1999. Our country didn’t request any period of transition or of derogation in this meaning, being among the first states from East Europe that regulated the audio-visual department, after the occidental model. In order to harmonize the Romanian legislation with the European standards, The National Council of the Audio-Visual Department adopted and transposed a whole range of acts and decisions that we will try to synthesize in our paper. In the adoption of the acquis, the NAC has to watch whether the adopted decisions are conform to the progress at European level. It is necessary to continue strengthening the administrative capacities of NAC to ensure a transparent and predictable implementation of the regulatory framework in the field of audiovisual policy. In Romania, the normative acts that regulate aspects concerning general advertising and promotional communication through television are: Advertising Act and the Broadcasting Act.


2020 ◽  
Author(s):  
Emil Radev ◽  

The report presents the development of the digital economy in the European Union in the context of its current state and development tendencies. The accent is put on the new regulations and perspectives, which it faces, and the need for legal regulation adequate to the ongoing processes. The main guidelines in which the European Parliament makes its recommendations for development and establishment of a common regulatory framework through the new provisions of the Digital Services Legislation are outlined. Based on the research, summaries and conclusions are made.


2021 ◽  
Vol 100 ◽  
pp. 03004
Author(s):  
Oleg Dubinskiy ◽  
Olena Lomakina ◽  
Oleksandr Sikorskyi ◽  
Azamat Kudaibergenov

The article is devoted to the study of the current state of legal regulation of the institute of electronic case as an element of administrative procedure in Ukraine and the practice of its implementation on the example of the procedure for providing administrative services through the Centers of administrative services. The main problems of the institute and possible ways to solve them are considered, as well as prospects for the development of administrative procedure, based on international experience and regulatory framework of states, including - members of the European Union in the study area.


Author(s):  
Iryna Lukasevych-Krutnyk

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


2018 ◽  
Vol 18 (2) ◽  
pp. 134-151
Author(s):  
Andrea Circolo ◽  
Ondrej Hamuľák

Abstract The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The ques­tion of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adop­tion of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was intro­duced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Energy Community. The presented paper offers an analysis of different variations of the interpretation and solution of the problem. It´s based on the independent solution thesis and therefore rejects an automa­tism approach. The paper and topic is important and original especially because in the multitude of scholarly writings devoted to Brexit questions, vast majority of them deals with institutional questions, the interpretation of Art. 50 of Treaty on European Union; the constitutional matters at national UK level; future relation between EU and UK and political bargaining behind such as all that. The question of impact on withdrawal on Euratom membership is somehow underrepresented. Present paper attempts to fill this gap and accelerate the scholarly debate on this matter globally, because all consequences of Brexit already have and will definitely give rise to more world-wide effects.


Author(s):  
Oleksandr Malashko ◽  
◽  
Serhii Yesimov ◽  

The article examines trends in the development of legal regulation of information security in Ukraine in the context of the implementation of the Association Agreement between Ukraine and the European Union. The current information legislation and regulations on information security are analyzed. The tendencies in the legal regulation of information security that took place at the initial stage of the formation of information legislation are revealed. Based on the factors that took place before the adoption of the Doctrine of information security of Ukraine, the laws of Ukraine “On the basic principles of ensuring the cybersecurity of Ukraine”, “On the national security of Ukraine”, in the context of the current legislation, based on the methodology of legal forecasting, it is concluded that in the future the development of normative legal information security will be developed on the basis of by-laws, mainly at the departmental level.


2020 ◽  
Vol 8 (1) ◽  
pp. 103-122
Author(s):  
Ewa Kaczan-Winiarska

The Austrian government is extremely sceptical about the accession negotiations which are conducted by the European Commission on behalf of the European Union with Turkey and calls for the negotiation process to end. Serious reservations of Vienna have been raised by the current political situation in Turkey under the rule of President Recep Tayyip Erdogan, as well as by the standards of democracy in Turkey, which differ greatly from European standards. Serious deficiencies in rule of law, freedom of speech and independence of the judiciary, confirmed in the latest European Commission report on Turkey, do not justify, from Vienna’s point of view, the continuation of talks with Ankara on EU membership. In fact, Austria’s scepticism about the European perspective for Turkey has a longer tradition. This was marked previously in 2005 when the accession negotiations began. Until now, Austria’s position has not had enough clout within the European arena. Pragmatic cooperation with Turkey as a strategic partner of the EU, both in the context of the migration crisis and security policy, proved to be a key factor. The question is whether Austria, which took over the EU presidency from 1.7.2018, will be able to more strongly accentuate its reservations about Turkey and even build an alliance of Member States strong enough to block Turkey’s accession process.


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