PRINCIPLES OF APPLICATION OF MEASURES OF BUDGETARY AND LEGAL COERCION

2020 ◽  
Vol 10 (4) ◽  
pp. 123-129
Author(s):  
Serhii Yesimov ◽  
◽  
Vitalina Borovikova ◽  
Keyword(s):  
Separation Of Powers ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Special Role ◽  
The European Union ◽  
Coercive Measures ◽  
Legal Principles ◽  
Financial Activity ◽  
Legal Coercion

The article deals with the principles of application of budgetary coercive measures in the context of improving budgetary legislation in accordance with the requirements of the European Union. Budgetary and legal coercion, as a kind of state coercion, is a type of financial and legal coercion. It has all the features of the latter, developing in relation to specific budgetary relations; it acts not as an independent category of legal responsibility, but as a kind of financial and legal coercion. Budgetary and legal coercion is the external influence of the state, represented by authorized bodies, on the behavior of individual participants in the budgetary process concerning the application of measures of budgetary coercion, which impose additional encumbrances of property or organizational nature on the unfulfilled obligations provided by budgetary law, in order to ensure compliance with law and order in the budget sphere. The significance of the principles of law for the formation of normative and legal regulation of budgetary and legal coercion is considered. The principles of financial law and their influence on the formation of the principles of budgetary law are described. The general legal principles of application of measures of budgetary and legal coercion are analyzed; their role in establishment of budgetary and legal responsibility is defined. Based on the current legal framework, special principles for the application of budgetary coercive measures are determined, including those that have not been formally fixed in the Budget Code of Ukraine, but are fragmented in the normative and legal acts of budgetary legislation. With regard to budgetary offenses concerning measures of budgetary coercion, the principles of legality, priority of public interests, and division of functions in the field of financial activity on the basis of separation of powers play a special role. The main branch principle of budgetary law in the context of the implementation of measures of budgetary coercion is the principle of addressable and target nature of budgetary funds.

scholarly journals International legal experience in combating illegal migration by sea

2021 ◽  
Vol 66 ◽  
pp. 284-287
Author(s):  
O.O. Kukshynova ◽  
A. O. Samoilenko
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Legal Regulation ◽  
European Countries ◽  
The European Union ◽  
Illegal Migration ◽  
Illegal Migrants ◽  
Theoretical Approaches ◽  
The Impact ◽  
Treaty Of Amsterdam

This article highlights the impact of international law on the global process of illegal migration, reveals a number of international problems related to international migration, in particular by sea, identifies the main factors influencing illegal migration in general, indicates the state of illegal migration in various European Union countries. attention is paid to such important international legal instruments as the Schengen Agreement of 1985 and 1990, the Dublin Convention of 1990, the Maastricht Treaty of 1992 and the Treaty of Amsterdam of 1997. The article also focuses on the European Union agency, which deals with the protection of external borders and their protection from illegal migrants, in particular, by sea.The analysis of theoretical and practical aspects of combating illegal migration by sea at the international level, as well as in the development of scientific and theoretical approaches to solving migration problems, characterizes the legal regulation of combating illegal migration by maritime transport and maritime participation established intergovernmental bodies. The main tools of the European Union to combat illegal migration by sea, which can be used to improve the legal regulation of migration authorities of other countries, as well as substantiate the organizational and legal framework of European countries in the field of legal support to combat illegal migration by sea.The actions of European states represented by the relevant state bodies in solving the problems of illegal migration with the help of merchant fleets of European countries are studied. The article pays attention to the influence of illegal migration on the formation and change of legal awareness of society, as the beginning of the formation of criminogenic factors among illegal migrants in the host country.

scholarly journals Legal Framework of Labor Migration Governance in the Eurasian Economic Union and the European Communities: Comparative Analysis

2021 ◽  
Vol 8 (4) ◽  
pp. 573-601
Author(s):  
A. S. Leonov ◽  
I. E. Lisinskaya
Keyword(s):  
Comparative Analysis ◽  
Regional Integration ◽  
Labor Migration ◽  
Legal Framework ◽  
Legal Regulation ◽  
The European Union ◽  
Member States ◽  
Eurasian Economic Union ◽  
Migration Flows ◽  
Economic Union

This article provides a comparative analysis of the legal regulation of labor migration in regional integration organizations: the European Communities (ECs) and the Eurasian Economic Union (EAEU). Methodologically, we argue that a synchronous comparison of the European Union (EU) in its current shape and the EAEU is rather inadequate and draw on a diachronic comparison of labor migration regulation in the EAEU and the ECs. On the one hand, we identify a number of important differences. We show, in particular, that while regulatory mechanisms in the EEC aimed at stimulating new migration flows, in the post-Soviet space mechanisms of regional migration governance provide the existing migration flows with an appropriate normative framework. We also show that in the case of the EAEU, the founding Treaty provided for a number of essential social rights for workers from EAEU Member States, whereas in the EEC these rights appeared at a much later stage. Regulation of labor migration in the EEC and the EAEU also differs in terms of distribution of competencies in this area between national and Community / Union levels. On the other hand, we also find a number of similarities, which hint at dynamics of policy learning. This is, in particular, evident in the development of mechanisms aimed at protection of migrants’ rights. This is also the case of the Agreement on pensions for workers of the EAEU member states, which seems to borrow from the EU experience opting for coordination of Member States’ retirement systems instead of their unification. Overall, some of EEC/EU ‘best practices’ have contributed to important positive developments in the regulation of intra-Union labor migration in the EAEU.

scholarly journals The Contribution of Forensic Examination to Ensuring the Right to a Fair Trial within ECtHR Case-law

2021 ◽  
Vol 4 (4) ◽  
pp. 104-115
Author(s):  
Oleksandr Kliuiev ◽  
Оlena Agapova ◽  
Ella Simakova-Yefremian ◽  
Oleksandr Snigerov
Keyword(s):  
European Union ◽  
Forensic Science ◽  
Case Law ◽  
Legal Framework ◽  
Legal Regulation ◽  
Fair Trial ◽  
Court Decision ◽  
European Convention ◽  
The European Union ◽  
Legal Provisions

In this note, the authors study legal and procedural cases of the application of forensic research in the observance of the common European procedural guarantee ensuring the balance of justice during a trial: Art. 6 of the European Convention on Human Rights (right to a fair trial). Based on the current legislation of the European Union and Ukraine, peculiarities of legal regulation and application of forensic expert research during court proceedings are analysed. It is emphasised that established the approaches and practice of applying specific expertise in the countries of the European Union have some peculiarities. It is established that one of the ways to ensure the fairness of a court decision is using forensic science. While comparing the legal framework for providing justice in Ukraine and the European Union, the authors stressed the need to develop a separate policy guideline (strategy, concept, etc.), such as the Vision for European Forensic Science Area used in EU countries. Detailed analysis of the ECtHR case-law on the application of Art. 6 has made it possible to illustrate the specifics of applying forensic science by complying with the fair trial requirement. It is concluded that the adoption of a fair court decision becomes possible when: 1) the practice of law enforcement and legal provisions related to the dispute context are taken into account; 2) the circumstances of the case are established with the use of content and reference to evidence; 3) non-legal phenomena are taken into account, such as ethical, social, moral requirements accepted in society, etc.

scholarly journals Legal Framework for Green Finance in the EU and Russia

2021 ◽  
Vol 13 (5) ◽  
pp. 29-43
Author(s):  
Larisa V. Sannikova ◽  
Keyword(s):  
Global Climate ◽  
Legal Framework ◽  
Legal Regulation ◽  
National Standards ◽  
The European Union ◽  
Investor Confidence ◽  
Green Finance ◽  
Sustainable Finance ◽  
Verification Process ◽  
The Eu

The climate agenda has recently taken on new significance with global climate change threatening all of humanity. The regulation of green finance instruments needs to be improved in order to attract more money to fight global warming. To ensure investor confidence in green instruments, a common standard for them must be created. The European Union and Russia have been forming a regulatory framework aiming to create national standards for green bonds. The present article analyses the European Commission’s proposed package of measures to help improve the flow of money toward financing the transition to a sustainable economy. The author explores the problems of developing legal regulation of sustainable finance in Russia, especially with regard to the creation of a national taxonomy of green projects and national verification of sustainable financial instruments. The comparative legal study of the EU and Russian draft laws on green finance has demonstrated similar approaches to establishing regulatory rules. The article describes the prospects for green finance in the context of digitalization. Based on a study of best practices (Green Assets Wallet, green bonds, etc.), it is concluded that digital solutions for sustainable finance are currently still not well-developed. In the future, however, their use will significantly increase investor trust in green instruments and reduce costs, in particular through digitalization of the verification process.

scholarly journals THE CONCEPT OF NORMATIVE BASIS OF ORGANIZATION JUDICIARY IN UKRAINE

2020 ◽  
Vol 2 (4(106)) ◽  
pp. 177-184
Author(s):  
О. В. Щерблюк
Keyword(s):  
Rule Of Law ◽  
Historical Development ◽  
Separation Of Powers ◽  
Legal Framework ◽  
Structural Elements ◽  
Legal Principles ◽  
Wide Range ◽  
The Status ◽  
Normative Basis ◽  
People’S Perceptions

The article analyzes modern views on the concept of principles and principles of organization of the judiciary in Ukraine. It is determined that the judiciary of Ukraine is based on four basic legal principles: separation of powers, rule of law, independence and impartiality of the court (judges). All four of these principles are specified in the principles of the organization of the judiciary and are the basis for building different methods of accountability. It has been shown that legal principles and principles may have different weights in different societies depending on their objective circumstances and people's perceptions of these circumstances, as different societies may give priority to some of these principles and principles at certain periods of their development. The result of this socio-historical development is the presence of a wide range of institutional organizations that are part of the judiciary, but they all base the organization of their activities on certain general legal principles and principles. Analysis of the Constitution of Ukraine and the Law of Ukraine "On the Judiciary and the Status of Judges" revealed that the basics of the organization of the judiciary include the principles of the judiciary and the legal framework for organizing the judiciary (structural elements, powers, tasks, etc.) principles and principles are closely related but not identical. Accordingly, the legal principles and principles of the organization of the judiciary in Ukraine are the normative bases, rules of organization and activity of judicial bodies and institutions implemented by state authorities (legislative, executive and judicial) within their competence. It is concluded, however, that: 1) the judiciary of Ukraine is based on four basic legal principles: separation of powers, rule of law, independence and impartiality of the court (judges). All four of these principles are specified in the principles of the organization of the judiciary and are the basis for building different methods of accountability; 2) legal principles and principles may have different weights in different societies depending on their objective circumstances and people's perception of these circumstances. The point is that different societies may give priority to some of these principles and principles at certain periods of their development. The result of this socio-historical development is the presence of a wide range of institutional organizations that are part of the judiciary, but they all base the organization of their activities on certain general legal principles and principles; 3) the principles of organization of the judiciary in Ukraine are divided into general and special. The general principles of the organization of the judiciary include those relating to the organization of the entire judicial system, and the special ones that relate to individual structural elements of this system (judicial bodies and institutions).

scholarly journals LOCATION OF ADMINISTRATIVE LEGAL RULES IN LEGAL REGULATION OF HUMAN PROVISION OF COURT AND EXPERT OFFICES OF UKRAINE

2019 ◽  
Vol 20 (2) ◽  
pp. 176-189
Author(s):  
S. Gasparian
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Professional Staff ◽  
Proper Selection ◽  
Legal Norms ◽  
Legal Principles ◽  
Legal Rules ◽  
Forensic Expertise ◽  
Qualified Personnel ◽  
Specialized Institutions

Proper selection and placement directly affect the effectiveness of forensic activities and are impossible without taking into account all factors related to their staffing, in particular, the administrative and legal framework of staffing. The key role in the process of forensics is played by state specialized institutions and expert services, which are required by law to carry out forensic activities. Legal regulation of staffing of judicial and expert institutions is carried out in accordance with the norms of international and European law, the Constitution of Ukraine, the codes of Ukraine, laws and by-laws. The administrative and legal principles of training of qualified personnel for carrying out forensic expert activity are analysed. It is noted that the Law of Ukraine «On Forensic Expertise» regulates the training of specialists for state specialized institutions conducting judicial examinations, is carried out by higher education institutions; specialization and advanced training are conducted at courses and special institutions of relevant ministries and other central executive bodies. The peculiarities of the training of forensic experts in the systems of the Ministry of Health of Ukraine and the Ministry of Internal Affairs of Ukraine are considered. Ministry of Justice of Ukraine. In addition to those conducted exclusively by state specialized institutions (namely, forensic, forensic and forensic psychiatrists), forensic examinations may also be involved in the forensic examinations, which are not employees of these institutions, and the conditions under which they may exercise such activity The place of administrative and legal norms in the legal regulation of CSCE staffing is characterized and it is noted that not only the progress but also the results of the reforms taking place in Ukraine depend on the proper selection and placement of the CSCE professional staff. It is stated that it is expedient to divide the above normative legal acts, which comprehensively regulate the staffing of judicial and expert institutions of Ukraine, by the scope of action (general, special).

scholarly journals Establishment and development of legal regulation of the court's activity in transfer of foreign citizens sentenced by Russian courts to serve their sentence in the country of citizenship

2021 ◽  
pp. 85-93
Author(s):  
Alexander Fedyunin
Keyword(s):  
International Cooperation ◽  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
International Norms ◽  
Soviet Period ◽  
Special Role ◽  
Foreign Countries ◽  
The Russian Federation ◽  
The Right

This article analyzes the establishment of legal regulation of the court's activity in the consideration and resolution of the question of transferring foreign citizens sentenced by the court of the Russian Federation to serve their sentence in country of citizenship. The author offers periodization of the chronology of its evolution,  and draws attention to the gaps and inaccuracies in the current legislation and the need for amending normative legal framework, which is testified by the legal acts adopted by the state authorities of the Russian Federation, including those aimed at regulation of international legal relations in this sphere, as well as the works of the scholars-processualists. The conclusion is made that the corresponding court's activity acquires a special role. Compared to the Soviet period, national and international norms that regulate the court’s activity in this area have experiences significant changes, as the number of convicts transferred to their country of citizenship has increased considerably, the contractual practice of the Russian Federation has expanded, which is substantiated by the globalization processes and the need for the development and strengthening of international cooperation of the Russian Federation with foreign countries in the sphere of transferring foreign citizens. Examination of the chronology of changes experienced by the normative legal framework of the court’s activity in the course of its establishment and development, allows choosing the right direction for further improvements.

Legal bases of transformation of human resources management in the system of civil service of Ukraine

2021 ◽  
Author(s):  
V. Melnyk
Keyword(s):  
Human Resources ◽  
Public Administration ◽  
Personnel Management ◽  
Civil Service ◽  
Service System ◽  
Human Resources Management ◽  
Legal Framework ◽  
Legal Regulation ◽  
Resources Management ◽  
Legal Principles

Problem setting. Ukraine is on the path of systemic institutional transformations, which consist in modernization of the civil service and human resources management, formation of a new personnel policy with the use of modern HR technologies, the implementation of which is impossible without proper legislative support. That is why it is so important to create in Ukraine a mechanism of legal regulation of human resources management in the civil service, capable of ensuring high standards of governance that meet modern experience and best practices in personnel management in developed countries. Recent research and publications analysis. Current issues of legal support of human resources management in the civil service have been the subject of research by domestic scholars in the field of public administration and administration, public administration, administrative, labor law, namely: V. Averyanova, M. Alexandrova, S. Alekseeva. I. Aristova, O. Bandurka, D. Bahrakh, B. Begichev, N. Bolotina, N. Goncharuk, P. Zhigalkin, S. Kivalov, R. Kalyuzhny, K. Kolpakov, R. Kondratiev, G. Nazarov, N. Neumyvaichenko, P. Pylypenko, O. Skakun, B. Stychynsky, V. Shcherbyna, O. Prodaevych, Y. Kizlov, L. Bila-Tiunova, O. Kravchenko, V. Pogorilko, V. Tolkovanov and other scientists. Despite the scientific achievements of recent years, this issue in the scientific literature remains insufficiently researched and covered, especially in terms of legal support of transformational processes taking place in the field of human resources management in the civil service. Highlighting previously unsettled parts of the general problem – to characterize the essence of legal bases and the process of transformation of legal regulation of human resources management in the civil service in Ukraine. Paper main body. The article is devoted to the consideration of topical issues on the transformation of the legal framework for the management of the civil service and human resources. The main normative legal acts that regulate legal relations in the field of state management of human resources are analyzed. Deficiencies were identified and ways to improve the regulatory and legal support for the management of the civil service and human resources of Ukraine were proposed. The transformation of relations taking place in various spheres of public life in Ukraine requires a detailed study of the legal framework that regulates and establishes key principles and rules of interaction between the state employer and employee, which will trace the evolution of the civil service in Ukraine in 1993 – 2020. p. and conceptualize the legal mechanism for human resources management in the civil service. Transformation of human resources management of the civil service is a systemic process of transformation in the field of human resources management of the civil service, which is able to ensure the transition from stable “traditional” personnel management to continuous, dynamic state of human resources management in the direction of its renewal and improvement. functions, forms, methods, technologies, tools and methods of management. That is why the term “human resources management” is used in the paper instead of the more accepted “personnel management” in the civil service. According to many scholars, human resources management in public bodies is broader in content than personnel management, there is a need at the legislative level to make the transition in the civil service from personnel management to human resources management. Therefore, we consider the legal basis of human resources management of the civil service, referring to their legal enshrinement in the legislation of Ukraine, in the Concept of implementation of the information system of human resources management in government agencies and action plan for its implementation. To disclose the content of regulatory – legal support for human resources management, it should be noted that it consists of an array of documents that create regulatory and methodological and legal support for the functioning of human resources management as a system. The article stipulates that the level of legal support is divided into international, national, regional or sectoral and local, legal acts have their own hierarchy and, accordingly, the territory to which they apply, as well as divided by legal force. Among the legislative acts that determine the legal principles and regulates legal relations related to the management of the civil service system, the central place is occupied by the Law of Ukraine “On Civil Service. The scope of legal norms governing the management of human resources, and in content, and in scope, and in nature differs from the legislation that ensures the functioning of the institution of civil service, so the work carried out theoretical and legal analysis of legal ensuring the management of both human resources and civil service. That is why it is expedient to consider the legal principles of human resources management as a component of civil service management. Conclusions of the research and prospects for further studies. Examining the array of regulations that provide legal regulation of human resources management in the civil service, it should be noted that Ukraine is taking systematic and gradual steps in the process of reforming and modernizing its own civil service system, gradually transforming existing legislation, implementing new legal provisions and adapting already existing regulatory framework for European standards. However, the change of the architecture of public administration, through the introduction of modern HR management technologies in public bodies, dictates the need to amend a number of key regulations that will ensure the further development of human resources management in the civil service.

PERSONAL DATA PROTECTION AND RESEARCH ACTIVITIES: EU LEGAL REGULATION EXPERIENCE

2019 ◽  
pp. 186-194
Author(s):  
A. G. Barabashev ◽  
D. V. Ponomareva
Keyword(s):  
Data Processing ◽  
Data Protection ◽  
Personal Data ◽  
Legal Framework ◽  
Legal Regulation ◽  
The European Union ◽  
Personal Data Protection ◽  
Research Activities ◽  
Special Rules ◽  
Biometric Information

Legal regulation of the use of personal data is essential in ensuring the quality of scientific research. Regulation of the European Parliament and of the Council of the European Union No. 2016/679 of April 27, 2016 «On the protection of natural persons with regard to the processing of personal data and on the free movement of such data», repealing Directive 95/46/EC, aims to unify the standards governing the protection of human rights to privacy, certain conditions beyond. This novel, introduced by the Regulation in the EU legal framework, complements and updates the acquis communautaire achieved within the framework of Directive 95/46/EC on personal data protection. The Regulation establishes both general rules applicable to any type of personal data processing and special rules applicable to the analysis of certain categories of personal data, such as information obtained during clinical trials. This paper provides an overview of new standards (in force since May 2018) that regulate aspects of personal data processing in the context of research activities (personal health data, genetic, biometric information, etc.)

Cooperatives in Ukraine: Applicative Peculiarities of Legal Integration up to the EU Standards

2019 ◽  
Vol 9 (5) ◽  
pp. 1789
Author(s):  
Valentyna A. VASYLIEVA ◽  
Alla V. ZELISKO ◽  
Olga I. ZOZULIAK
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
The European Union ◽  
European Union Law ◽  
Social Nature ◽  
The Social ◽  
Market Relations ◽  
The Eu

The article deals with the peculiarities of the processes of adaptation of the legal regulation of cooperatives in post-socialist states (as exemplified by Ukraine) to the requirements of the European Union. Such features are formed taking into account historical, social and economic prerequisites of the development of the modern legal framework of Ukraine. Authors are focused on problems of pecuniary autonomy of cooperatives; the possibility of its full-fledged activities as the parties to market relations; implementation of legal mechanisms that can increase competitive advantage of cooperatives in present-day conditions; increase the level of security and protection of rights and interests of cooperative members. It is proved that the effective entrepreneurial activity of the cooperative is rather compatible with the social nature of the latter, moreover – it contributes to the implementation of such a nature. Behind the arguments in favor of such an approach there is the principle declared in the practices of the European Union law – the focus of cooperatives on the affirmation of the interests of its members.

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