scholarly journals CROSS-BORDER IDENTIFICATION OF PHYSICIAN AND LEGAL ENTITIES, AS AN ELEMENT OF THE LEGAL REGULATION OF ELECTRONIC TRUST SERVICES IN THE EUROPEAN UNION

2018 ◽  
pp. 90-93
Author(s):  
О.V. Коstenko ◽  
V.V. Коstenko
Keyword(s):  
European Union ◽  
Legal Regulation ◽  
The European Union ◽  
Cross Border ◽  
Legal Entities

scholarly journals The Legal Regulation of Crowdfunding in the European Union

2021 ◽  
Vol 16 (10) ◽  
pp. 12-19
Author(s):  
G. G. Shaposhnikov
Keyword(s):  
European Union ◽  
European Parliament ◽  
Legal Regulation ◽  
The European Union ◽  
Cross Border ◽  
European Union Legislation

The paper examines the provisions of the current European Union legislation in the field of crowdfunding in order to establish the features of the legal regulation of the issue in question. The author examines the prerequisites for the adoption of the first special acts regulating crowdfunding at the level of the European Union. The paper designates the scope of regulation of the basic act on European crowdfunding–Regulation (EU) 2020/1503 of the European Parliament and of the Council of 7 October 2020 on European providers of crowdfunding services for businesses, and amending Regulation (EU) 2017/1129 and Directive (EU) 2019/1937. It also describes the basic requirements for the providers of crowdfunding services, the rules for the provision of crowdfunding services in the territory of the European Union and highlights the procedures necessary to implement the provisions of the Regulation under consideration. It is noted that the structure of crowdfunding regulation within the European Union is not uniform, crowdfunding activities are cross-border, and certain forms of crowdfunding are not subject to regulation by existing regulations.

scholarly journals Legal regulation of the transmission of health-related data: Balance of public interests and individual rights in the context of cross-border health care

2021 ◽  
Vol 12 (2) ◽  
pp. 419-440
Author(s):  
Igor M. Akulin ◽  
◽  
Ekaterina A. Chesnokova ◽  
Umberto Genovese ◽  
Roman A. Presnyakov ◽  
...  
Keyword(s):  
European Union ◽  
Russian Federation ◽  
Legal Regulation ◽  
Health Data ◽  
Medical Data ◽  
Personal Health ◽  
The European Union ◽  
Cross Border ◽  
Digital Format ◽  
The Russian Federation

The article provides a comparative analysis of the regulatory and legal regulation for the processing of a special category of personal health data in the European Union and in the Russian Federation in regard to the digitalization of national health systems. Special attention is paid to the legal framework for the transmission of health information at the cross-border level. It is established that within the framework of European and Russian legislation at this stage, in the context of the formation of digital medicine, there is a comparability in the definition of legal mechanisms for the protection of medical data. It is also noted that in the issue of the transfer of personal health data to third countries, both the Russian Federation and the European Union choose the path of strict restrictive regulation and the introduction of a closed list of grounds for overcoming the ban on cross-border transfer. The reasons for this approach to issues of supranational interaction in healthcare are analyzed, as well as the potential risks of inertia of national legislators in this issue. Based on the analysis, the authors propose a number of amendments and additions to the national legislation on personal data, aimed at simplifying the interaction between jurisdictions on the transfer of confidential medical information. The authors suggest an international agreement on the exchange of medical data in digital format, which potentially should include not only the Russian Federation and the EU states, but also other countries, including Eurasian Economic Union member states, China, and countries of the American continent. The proposed concept is intended to create an opportunity for the formation of a supranational information system in the field of healthcare, which allows for the effective exchange of medical data, taking into account the sovereign interests of the countries participating in the agreement.

scholarly journals Legal regulation of the turnover of biometric data of citizens in the European union

2021 ◽  
Vol 3 ◽  
pp. 89-96
Author(s):  
A.V. Kolosov ◽  
Keyword(s):  
Artificial Intelligence ◽  
European Union ◽  
Legal Regulation ◽  
The European Union ◽  
Biometric Data ◽  
Cross Border ◽  
Common Identity

Ensuring the security of a person and society is one of the priority and important areas of activity of any legal state. Measures aimed at countering crime and combating offenses in the information sphere are impossible without interaction and cooperation between states, since such violations are of a cross-border nature. The article examines the activities of theEuropean law in terms of creating a biometric database - Common Identity Repository (CIR)) and a project related to limiting the use of artificial intelligence in areas that pose a threat to the protection of personal, biometric data of citizens of the European Union. It is concluded that the processing of biometric data is associated with high risks of violations of the rights of individuals, and work with this kind of information should meet a certain goal, have restrictions on the volume of processed data and on the duration of their storage for solving specific tasks.

scholarly journals PROTECTION OF PERSONAL DATA IN FRANCE:

2019 ◽  
Vol 8 (5) ◽  
Author(s):  
Adel I. Abdullin ◽  
Stanislav A. Shadrin
Keyword(s):  
European Union ◽  
Data Use ◽  
Personal Data ◽  
Legal Regulation ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Personal Data Protection ◽  
Cross Border ◽  
The Common

The technological and social expansion of the personal data use including the possibility of their cross-border transfer and exchange increases the risks of their unfair use. The consistency and coherence in resolving issues on legal regulation of relations in the field of personal data protection are demonstrated by the European Union and its member states. Ensuring a uniform and consistent legal regulation at the level of the European Union largely depends on the actions of EU Member States to adopt national laws to implement the European approach, as well as their active participation in the development of new legal acts, the adoption of which is planned at the final stage of the legal regulation reform of protection personal data in the Union. This raises the question of how much the rules of individual states diverge since this significantly affects the practice of applying the common European law on the protection of personal data. Indeed, when introducing the relevant provisions in their legislation, EU countries went in different ways [1]. This paper discusses the approach to the protection of personal data that was used in France

Euratom and Brexit: Could the United Kingdom Maintain One Foot in the European Union? Current Scenarios and Future Prospects of British withdrawal from the EAEC

2018 ◽  
Vol 18 (2) ◽  
pp. 134-151
Author(s):  
Andrea Circolo ◽  
Ondrej Hamuľák
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Independent Solution ◽  
Legal Regulation ◽  
The European Union ◽  
The United Kingdom ◽  
The Status ◽  
Long Time ◽  
Energy Community ◽  
The Impact

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.

REGULATORY AND LEGAL SUPPORT OF INFORMATION SECURITY IN UKRAINE

2017 ◽  
Author(s):  
Oleksandr Malashko ◽  
◽  
Serhii Yesimov ◽  
Keyword(s):  
European Union ◽  
Information Security ◽  
National Security ◽  
Legal Regulation ◽  
The European Union ◽  
Basic Principles ◽  
Association Agreement ◽  
Legal Information ◽  
Current Information ◽  
Initial Stage

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.

TERRITORIAL COHESION POLICY IN THE CONTEXT OF EU REGIONAL SECURITY

2019 ◽  
Vol 18 (Vol 18, No 4 (2019)) ◽  
pp. 439-453
Author(s):  
Ihor LISHCHYNSKYY
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Regional Security ◽  
The European Union ◽  
Cohesion Policy ◽  
Cross Border ◽  
Territorial Cohesion ◽  
Interregional Cooperation ◽  
The Eu

The article is devoted to the study of the implementation of territorial cohesion policy in the European Union in order to achieve a secure regional coexistence. In particular, the regulatory and institutional origins of territorial cohesion policy in the EU are considered. The evolution of ontological models of cohesion policy has been outlined. Specifically, the emphasis is placed on the key objective of political geography – effectively combining the need for "territorialization" and the growing importance of networking. The role of urbanization processes in the context of cohesion policy is highlighted. Cross-border dimensions of cohesion policy in the context of interregional cooperation are explored. Particular emphasis is placed on the features of integrated sustainable development strategies.

Dochodzenie roszczeń ze sprzedaży towarów w obrocie międzynarodowym na obszarze UE. Zagadnienie jurysdykcji

2016 ◽  
pp. 107-122
Author(s):  
Agata Michalska-Olek
Keyword(s):  
European Union ◽  
European Parliament ◽  
The European Union ◽  
Community Law ◽  
Judicial Decisions ◽  
Cross Border ◽  
National Jurisdiction ◽  
Recognition And Enforcement ◽  
The Way

The article aims to show the possible ways of judicial redress for claims resulting from sales of goods especially including the issue of jurisdiction and application of the provisions of national law or the provisions of Community law. In the article the provisions of the Convention of 30 October 2007 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters as well as the provisions of regulations of the European Parliament and of the Council were widely discussed. The author discusses in particular the issue related to cross-border contracts for the sales-of-goods within the European Union. Part of the deliberations concerns judicial rulings, in particular judicial decisions issued in cases in which the court shall consider the issue of jurisdiction of its own motion. In the conclusion of the article it is stated that the choice between the national jurisdiction and the jurisdiction of other states will depend on the terms of agreement between the parties as well as the documents related to the transaction, in particular consignment notes (CMR), and the EXW clauses – such a formulation means that the parties agreed to the way of delivery of goods according to the commercial (Incoterms) clauses, determining in such a way the issue of jurisdiction.

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