Implementation of the principles, standards and rules of international customs law: individual and overall levels

2021 ◽  
pp. 102-111
Author(s):  
Serhii Perepolkin
Keyword(s):  
International Law ◽  
Practical Significance ◽  
Clear Understanding ◽  
The European Union ◽  
Public Authorities ◽  
Customs Unions ◽  
Wide Range ◽  
And Control ◽  
Further Development

Purpose. The purpose of the study is to submit to the discussion of domestic international lawyers a proposal to introduce the use in scientific and educational works of the classification of the implementation of the principles, norms and standards of international customs law into two types: individual and overall. Methodology. In order to achieve the goal of the study, have been analyzed scientific approaches to understand the implementation of international law and the classification of its types. In article have been studied an Implementation articles developed under the auspices of the Customs Agreements Cooperation Council; recommendations and resolutions, conventions of the Member States of the European Union, current international agreements and other acts of Ukrainian legislation on customs matters. Results. In the article it was substantiated that individual implementation along with the states can be carried out also by separate customs territories which have full autonomy in the realization of foreign trade; customs unions; economic unions; international organizations and other participants in international customs relations. The joint implementation of the principles, norms, and standards of international customs law is carried out by two or more of its subjects simultaneously. To achieve this goal, the subjects of international customs law can use a wide range of law-making, organizational, coordination, information and control tools. Scientific novelty. It was proved that the classification of the implementation of principles, norms, and standards of international customs law into individual and overral, in contrast to its differentiation into domestic and international, most accurately reflects all types of subjects of international customs law capable of participating in such activities. Practical significance. The introduction of the classification of the implementation of principles, norms, and standards into individual and joint, will contribute to the further development of research in this area, as well as the development of a clear understanding of the implementation of officials of public authorities of Ukraine.

scholarly journals Limits to the European Commission – Managing Services of General Interests

2013 ◽  
Vol 4 (3) ◽  
pp. 23-48 ◽  
Author(s):  
Jerzy Ząbkowicz
Keyword(s):  
European Commission ◽  
Essential Element ◽  
Shared Responsibility ◽  
General Interest ◽  
Regulatory Regime ◽  
The European Union ◽  
Public Authorities ◽  
Wide Range ◽  
Services Of General Interest ◽  
The Eu

Services of general interest form an essential element of the European model of society as a way to increase quality of life and to overcome social exclusion and isolation. They are also at the core of the public debate touching the central question of the role public authorities and the institutions of the European Union play in a market economy. The competencies and responsibilities conferred by the Treaty, the EU regulations and directives lay emphasis on the essential role and the wide discretion of national, regional and local authorities in defining, organizing, financing and monitoring services of general interest. The same time the EU Law provide the European Commission with a wide range of means of action to ensure the compliance of the process of organizing and financing such services according to a comprehensive regulatory regime at Community level to make them compatible with the internal market and to prevent a distortion of the competition rules. The paper indicates divergences of the points of view of public authorities and the Commission on their role, shared responsibility and powers in that process.

Categories of “integration” and “disintegration” in international law: modern conceptual approaches

2020 ◽  
Vol 7 (2) ◽  
pp. 71-77
Author(s):  
Dmitriy V. Galushko
Keyword(s):  
European Union ◽  
International Relations ◽  
International Law ◽  
Scientific Research ◽  
Practical Significance ◽  
The European Union ◽  
Legal Doctrine ◽  
Methodological Basis ◽  
Modern System

The importance of the category of integration in the modern system of international relations can hardly be overestimated. The science of international law is no exception, and its development has recently been largely conditioned by the ongoing integration processes between states, the main subjects of international law. The very international legal doctrine has developed many approaches to the characteristics of its essential characteristics, including integration. Despite the objective nature of integration, its development in the context recent disintegration events that have taken place in the international arena and given rise to crisis phenomena (the first of which is, of course, the process of Britains withdrawal from the European Union), predetermine the relevance as well as the theoretical and practical significance of this article. The methodological basis of the work includes well-known general and specific methods of scientific research. The purpose and objectives of the article are to study the relevant problems and the essence of integration and disintegration processes in the international arena, characterize the main doctrinal approaches to them, and identify general trends as well as the essential characteristics and main features of these phenomena.

scholarly journals PRECONDITIONS OF ADMINISTRATIVE RESPONSIBILITY: DOCTRINAL ISSUES

2021 ◽  
Vol 1 ◽  
pp. 102-111
Author(s):  
Oleksandr Gerasymenko
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Practical Significance ◽  
Clear Understanding ◽  
Current State ◽  
Wide Range ◽  
Scientific Approach ◽  
Rule Making ◽  
Administrative Responsibility

A thorough analysis of liability for administrative offence is not possible without clear understanding of its preconditions. The problem of preconditions for administrative responsibility is directly related to administrative delictization of offenses, effectiveness of the fight against delict, prominent state policy in the field of law enforcement and law order. In this aspect, the role of the preconditions for administrative responsibility is a lot more important because they formulate proper foundations for achieving its general objectives. Thus, they determine the effectiveness of administrative responsibility at sectoral and general social levels. The importance of the definition is due to the urgent needs of rule-making and law enforcement practice, the effectiveness of which directly depends on how reasonable and appropriate each administrative delict norm is. Unfortunately, despite all its scientific and practical significance, the issue of preconditions for administrative liability has not been resolved yet. Therefore, there is a need to form unified, consistent scientific approach to understanding the grounds for administrative liability. To this end, the article provides a critical analysis of the basic doctrinal concepts of the preconditions of administrative responsibility. A wide range of social, economic, technical and other factors that determine the effectiveness of administrative responsibility, its current state, its dynamics and prospects for its development have been studied. Discovered the role of these factors in creating a favorable socio-economic and information-technical environment for the implementation of the main tasks of administrative responsibility, in particular: offences prevention, reliable protection of public relations and education of citizens in the spirit of law. The author concluded the scientific and practical expediency of the systematic study of the preconditions for establishing administrative responsibility (preconditions for administrative delictization) and the preconditions for the effectiveness of administrative responsibility.

Alliances of maritime liner container carriers: the essence of this phenomenon and its practical significance

2021 ◽  
pp. 44-51
Author(s):  
A. G. Neiogov ◽  
A. Ouami
Keyword(s):  
Foreign Trade ◽  
International Law ◽  
Negative Influence ◽  
General Information ◽  
Practical Significance ◽  
Effective Control ◽  
Maritime Transport ◽  
New Methods ◽  
And Control ◽  
International Initiative

Alliances are a key element of modern liner shipping. This article introduces alliances as a new form of consolidation of container lines and offers general information about their activity. The authors examined numerous reliable sources to evaluate different factors which influence the results of shipping lines' participation in global alliances. The authors offer their appraisal of alliances based on research as well as their own experience in shipping. They consider the liner market as an oligopoly of a few companies, which are closely intertwined with the world’s largest corporations and where international law has been substituted with a control by regulators from some of the most powerful countries in the liner trade. This system allows the business of some customers to be protected, while applying limitations on others. Undoubtedly, the alliances have an influence on Russian foreign trade. In summary, the authors believe that the Russian authorities should carefully investigate and control the service of global carriers and alliances. The chief aim of effective control is the free participation of Russian companies in foreign trade, which is not possible without due support of maritime transport. The alliances are truly global entities. They combine both traditional and new methods, including cutting-edge capabilities of information and digital technologies. To prevent a negative influence of the oligopoly, a new international initiative to regulate the alliances as was done with shipping conferences is highly welcomed by the authors.

scholarly journals CRITERIA FOR CLASSIFICATION OF IN-PIPE ROBOTS

2018 ◽  
Vol 3 (3) ◽  
pp. 89-100
Author(s):  
Людмила Ворочаева ◽  
Lyudmila Vorochaeva ◽  
Сергей Савин ◽  
Sergey Savin
Keyword(s):  
Contact Interaction ◽  
Contact Element ◽  
Practical Significance ◽  
Clear Understanding ◽  
Friction Forces ◽  
Contact Points ◽  
Detailed Classification ◽  
Inner Surface

In-pipe robots are developed for solving a diverse set of tasks, all of which have to do with monitoring and repairs of pipelines. These tasks include generation of maps of pipelines, detecting defects, anomalies and matter deposits on the inner surface of the pipe, studying the inner surface of the pipe in order to determine if it needs to be repaired and if it is possible to repair it, gathering information on the properties of the inner surface of the pipe and studying the change of these properties. These tasks have practical significance and their automation with robots is economically beneficial. Considering the variety of the existing in-pipe robot designs, it is important to have a way to categorize them and have a clear understanding which tasks are suitable for particular in-pipe robots. To this end, the detailed classifications of in-pipe robots can be used. This paper presents a survey of classifications of in-pipe robots. The previously proposed criteria for such classifications are discussed. The ambiguity of the commonly used classifications is highlighted. The paper presents a more detailed classification, based on eight criteria: 1) types of pipe surfaces that a robot can interact with, 2) controllability of a robot (distinguishing fully passive and active robots), 3) type of contact interaction with the inner surface of the pipe, 4) controllability of normal reactions and 5) controllability of friction forces in contact points or surfaces, 6) contact element types, 7) motor type, 8) transmission type. Combination of these criteria allows highlighting particular features of the existing in-pipe robot designs, simplifying the analysis of problem range that the robot can solve.

scholarly journals Approaches and Models for the Change Management at the Enterprise

2020 ◽  
Vol 10 (513) ◽  
pp. 370-376
Author(s):  
M. M. Budnik ◽  
◽  
Y. Y. Ivanova ◽  
Keyword(s):  
Change Management ◽  
Development Strategy ◽  
Specific Situation ◽  
Competitive Advantages ◽  
Organization Management ◽  
Effective Implementation ◽  
The Subject ◽  
And Control ◽  
Further Development

The article is aimed at offering and highlighting the results of the authors’ research on existing approaches and methods for change management, as well as to finding ways to improve the effective implementation of changes at the enterprise. The subject of the research was methodological approaches to the process of change management at the enterprise. The research was carried out by analyzing scientific works of foreign and domestic scholars on the topic of the article. The concept of change management is substantiated, which is based upon the possibility to reproduce the model of successful changes on the basis of specific instruments that allow to effectively implement changes. In the course of the analysis, the main competitive advantages that the enterprise can get in the implementation of effective change management were allocated. The models that allow efficient implementation of changes are defined. The choice of a particular model depends on the nature of the enterprise’s work and its chosen development strategy. It is proposed to classify approaches to change management by the nature of changes and the nature of management. Also noted is the necessity to distinguish between approaches to development management by the nature of planning, organization, management and control at the enterprise. In addition to approaches to change management at enterprises, it is advisable to consider existing models of implementation of changes, taking into account the specific situation and the desired results. The authors developed and proposed the process of managing changes at the enterprise in the form of a specific algorithm. As a result, the direction of further development of classification of approaches to change management is obtained. The authors propose their own vision of the change management process, which is advisable to present in the form of a specific algorithm for implementing and managing changes at the enterprise. Prospects for further research are coverage of applied aspects of change management at domestic enterprises.

scholarly journals Regulatory guarantees of the internally displaced person’s rights and freedom

2020 ◽  
Vol 2 (2) ◽  
pp. 71-76
Author(s):  
Alina Orieshkova
Keyword(s):  
International Law ◽  
Forced Migration ◽  
Legal Regulation ◽  
The State ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Public Authorities ◽  
Internally Displaced ◽  
Basic Law

The state cannot be considered democratic, social and legal in the absence of normative legal guarantees that ensure the unimpeded realization of the rights, freedoms and interests of a person and a citizen, including internally displaced persons, and in case of their violation, protection and restoration. Encountered in 2014 with military aggression, the occupation of part of Ukraine, the authorities faced not only the problem of internal forced migration, but also the need to create effective safeguards for the rights and freedoms of internally displaced persons, in particular, regulatory and legal ones. It is highlighted that in the context of ensuring the rights and freedoms of internally displaced persons, one of the issues of discussion is the correlation of international and national law, which requires doctrinal study. After analyzing the correlation between international and national law, it is noted that in Ukraine superiority is given to the monistic theory, which is characterized by preservation of the supremacy of the basic law of the state, with the recognition of the priority of international law over the national one. It is stressed that the norms of international and national legal acts on protection and assistance to internally displaced persons provide an opportunity to ensure the effective functioning of public authorities and local self-government bodies for the protection and support of such a category of persons as IDP. It is noted that normative-legal regulation in the field of protection of rights and freedoms of internally displaced persons is characterized by imperfection and imbalance in various aspects of public life. On the basis of a comprehensive analysis of international and national normative legal acts in the field of ensuring the rights and freedoms of internally displaced persons, author’s classification is given. The advantages of classification of normative legal acts in the context of ensuring the rights and freedoms of internally displaced persons are noted.

Employment Regulation With Multilateral Labor Relations in the European Union

2020 ◽  
pp. 62-66
Author(s):  
K. V. Lapshin
Keyword(s):  
European Union ◽  
Labor Relations ◽  
The European Union ◽  
Further Development

Employment with multilateral labor relations. It is noted that in the absence of an official classification of types of this form of employment, there are various names for them. Based on a brief description of some types of non-standard employment, proposals for further development of legislation in the field of labor are made. The article considers the features of regulation under the legislation of the European Union and the ILO of one of the forms of non-standard employment.

scholarly journals ASSESSMENT OF REASONS FOR THE TERMINATION ACTIVITY OF ENTREPRENEURS IN MODERN ECONOMIES

2020 ◽  
Vol 18 (1) ◽  
pp. 24-31
Author(s):  
Iuliia S. Pinkovetskaia
Keyword(s):  
Educational Process ◽  
Entrepreneurial Activity ◽  
Business Activity ◽  
Public Authorities ◽  
Organization And Management ◽  
Termination Activity ◽  
National Economies ◽  
The Impact ◽  
Further Development

Every entrepreneur sooner or later ceases their activities. At the same time, little attention is paid to this stage of the life cycle of entrepreneurs in scientific research. Proper understanding of the reasons for the exit of entrepreneurs from business is necessary for the further development of the business sector. Therefore, the analysis of features of termination of business activity in national economies is relevant at the present stage of research. Purpose of the study is to assess the reasons for the exit of entrepreneurs from their own business. The study used information from the 2018 global entrepreneurship monitor for 48 countries. We have studied and analyzed the reasons for the termination of entrepreneurial activity, proposed a classification of these reasons, assessed the levels of exit from their own business for different groups of reasons in all the countries considered. This estimate was based on the construction of economic-mathematical models. Models are functions of the density of the normal distribution. Based on the results of the computational experiment, the average values of indicators were determined and the countries characterized by high and low levels of termination of their activities by entrepreneurs were identified. It is proved that in most countries the termination of business activity is caused by endogenous reasons associated with problems in the organization and management of production, insufficient financial resources, low qualification of employees and management. Personal reasons also play a significant role in the exit of entrepreneurs. The impact of exogenous causes and the desire to convert the created business into cash is much lower. The obtained research results can be used in further studies, in the educational process of higher education in universities, as well as by public authorities associated with the regulation of entrepreneurial activity.

scholarly journals Transformation of the national legislation of Ukraine in the context of globalization

2021 ◽  
Vol 10 (46) ◽  
pp. 191-200
Author(s):  
Fedir P. Shulzhenko ◽  
Vira I. Ryndiuk ◽  
Oksana V. Kuzmenko ◽  
Liudmila O. Kozhura ◽  
Oksana M. Gryshko
Keyword(s):  
International Law ◽  
The European Union ◽  
Legal Tradition ◽  
Family Development ◽  
Public Authorities ◽  
Acquis Communautaire ◽  
Horizontal Structure ◽  
National Legislation ◽  
National Legal System ◽  
Legal Globalization

The article studies the directions of transformation of the national legislation of Ukraine in the context of globalization based on the dialectical method. Specifically, the notions “legislation” and “globalization” are analyzed; the meaning of the concepts of “national legislation of Ukraine” and “legal globalization” is specified; the factors which define features of transformation of the national legislation of Ukraine in modern conditions of globalization are established. As a result of the study it is proved that the main directions of transformation of the national legislation of Ukraine in the conditions of globalization are the following: borrowing the European (Western) legal tradition and its adaptation to the national legal system of Ukraine; reception of innovative legal institutions while preserving the national legal tradition; the influence of international law, first of all, the Acquis communautaire (adaptation of the national legislation of Ukraine to the law of the European Union); hierarchical (vertical) and sectoral (horizontal) structure of legislation, which is characteristic of the legal systems of the Romano-Germanic legal family; development of such types of normative activity of public authorities as systematization, codification, ordering, unification, etc.

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