scholarly journals On problems of criminal and legal qualification of offenses of traffic of dangerous chemical substances on the territory of Ukraine

2020 ◽  
Vol 53 (2) ◽  
pp. 29-38
Author(s):  
M.G. Prodanchuk ◽  
O.F. Bantyshev ◽  
M.V. Velychko ◽  
O.P. Kravchuk ◽  
I.M. Salahor ◽  
...  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Toxic Substances ◽  
Legal Analysis ◽  
The European Union ◽  
Scientific Publications ◽  
Systematic Analysis ◽  
Logical Definition ◽  
Domestic Legislation ◽  
The Eu

Aim of the Research. To make the systematic analysis of structure of the crimes of Ukraine providing responsibility for smuggling of poisonous substances (Article 201 of Criminal Code of Ukraine) and for illegal production, manufacture, acquisition, transportation, shipment, storage for the purpose of sale or sale of poisonous or potent substances, or poisonous or potent drugs (Article 321 of the Criminal Code of Ukraine). Provide proposals to bring the legislation of Ukraine concerning the list of toxic substances their production, storage, transportation, use, disposal, destruction and disposal in accordance with EU legislation. Materials and Methods. The research is based on international and domestic legislation, scientific publications, materials of scientific and practical conferences, etc. The following methods are used in the work: dialectical, systematic analysis of the internal construction of the system of criminal law, formal-logical definition, modeling, analogy, logical and formal-legal. Results and Discussion. The article examines the issue of criminal liability for socially dangerous acts related to toxic substances. A brief legal analysis was performed. Attention is focused on the need to bring the legislation of Ukraine in line with the requirements of the legislation of the European Union. It is noted that in the EU there is no term “toxic substances” in laws and regulations, and the term dangerous substance is used. Conclusions. It is necessary to develop a draft regulatory document harmonized with EU requirements instead of the repealed Resolution of the Cabinet of Ministers of Ukraine No 440, which concerns the procedure for handling these substances. Keywords: criminal code, poisonous substance, dangerous substance, normative document, smuggling.

scholarly journals Criminal Liability for Market Manipulation Under Russian Law and Under the European Union Law

2020 ◽  
Vol 14 (5) ◽  
pp. 764-776
Author(s):  
Ilya Lifshits ◽  
Pavel Yani
Keyword(s):  
European Union ◽  
Financial Services ◽  
Criminal Liability ◽  
Supply And Demand ◽  
Criminal Code ◽  
Market Manipulation ◽  
The European Union ◽  
European Union Law ◽  
Insider Information ◽  
The Eu

The development of trade in securities, derivative financial instruments, currencies, and goods at exchanges and trading platforms requires a protection of these markets against abuses. Russian legislation in this sphere is based on the approaches of the European Union to counteracting market manipulation and unlawful use of insider information. Consequently, a comparative legal analysis of counteracting these abuses in the EU and in Russia presents a considerable research interest. It was in 2003 that the concept of market manipulation was for the first time defined by the EU in its legislative act, and in April 2014 the EU adopted a legislative act in the form of a directive aimed at harmonizing the legislation of member states on criminal liability for market abuse. This harmonization is especially relevant for the EU due to the creation and functioning of a unified market of financial services, where a license obtained in one member state allows financial institutions to work throughout the territory of the EU. Criminal liability for market manipulation was introduced in Russia in 2009, and a year later the corresponding Article was amended by a complex law on counteracting abuses at organized markets. The authors present a detailed criminal law characteristic of the crime under this norm by analyzing its object, material elements, and other constituent elements of the offense with reference to laws and bylaws of positive regulation of the corresponding relations. According to the authors, this crime and criminal actions under the Article on unlawful use of insider information should be differentiated by using the criterion of publically dangerous consequences manifested through a considerable deviation of the prices of supply and demand, or the trade volume, compared to the corresponding level that would have existed without illegal actions. Using the analysis of the first guilty verdict in Russia under Article 185.3 of the Criminal Code of the Russian Federation, the authors distinguish between liability under this article and the articles regulating liability for crimes against property - fraud, appropriation, abuse of trust with some attributes of theft.

scholarly journals Programs for the Release and Mitigation of Responsibility for Participation in Cartels in the Russian Federation and the European Union

2020 ◽  
Vol 1 (12) ◽  
pp. 162-169
Author(s):  
D. A. Molchanov
Keyword(s):  
European Union ◽  
Russian Federation ◽  
Criminal Liability ◽  
Development Trend ◽  
Criminal Code ◽  
The European Union ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Business Entities ◽  
The Eu

The paper provides a comparative analysis of the current level of development of programs for the release and mitigation of responsibility for participation in cartel agreements in the Russian Federation and the European Union (at the level of the entire Union). In relation to Russia, the author analyzes the relevant articles of the Administrative Offenses Code of the Russian Federation and the Criminal Code of the Russian Federation, methodological recommendations of the Federal Antimonopoly Service of the Russian Federation, as well as judicial practice and decisions of some Offices of the Federal Antimonopoly Service of Russia. In relation to the EU, the author deals with the Regulatory Letter of the European Commission on exemption from fines and reduction of its size in cases of cartels, as well as the Guidelines on methods for calculating fines imposed in accordance with Art. 23 (2) (a) of Regulation No. 1/2003. The analysis reveals a number of fundamental differences between the two programs (for example, the EU does not provide for criminal liability for business entities in the EU, and the list of grounds for mitigating administrative responsibility in the Russian Federation is wider than in the EU). However, according to the author, the general development trend is forming in a single direction.

scholarly journals Approaches to formation of strategies for development of administrative territories

2019 ◽  
Vol 67 ◽  
pp. 06026
Author(s):  
Oleksii Klok ◽  
Olha Loseva ◽  
Oleksandr Ponomarenko
Keyword(s):  
European Union ◽  
Strategic Management ◽  
Development Strategy ◽  
Regional Policy ◽  
Swot Analysis ◽  
Legal Analysis ◽  
The European Union ◽  
Territorial Development ◽  
Smart Specialization ◽  
The Eu

The article studies theoretical and methodological bases of the strategic management of the development of administrative territories, considers the essence of strategic management and formulates the advantages of using it in management of administrative territory. Based on the analysis of the key provisions of the EU regional policy, the strategy of “smart specialization” is considered as the most common approach to territorial development. Using the experience of the countries of the European Union as a basis, a BPMN diagram, describing the conceptual bases for the formation of a competitive territory strategy, was built. Practical approaches to the formation of strategies for the development of administrative territories operating in Ukraine, regulatory acts, in particular, that had a direct impact on the formation of the existing model of strategic territorial management, were analyzed. The main requirements to the content of the strategic plan were considered and the list of key provisions and analytical methods (socio-economic analysis, comparative analysis, SWOT-analysis, PESTLE-analysis, sociological analysis) was formulated. Using the comparative legal analysis of the experience of the European Union as a basis, a number of features can be highlighted that must be taken into account in the process of forming the administrative territory development strategy.

The EU Influence on Norwegian Domestic Legislation for the Protection of the Arctic Marine Environment

2018 ◽  
Vol 33 (2) ◽  
pp. 415-435 ◽  
Author(s):  
Elise Johansen
Keyword(s):  
European Union ◽  
Marine Environment ◽  
The Arctic ◽  
European Economic Area ◽  
The European Union ◽  
Environmental Legislation ◽  
Economic Area ◽  
Domestic Legislation ◽  
Marine Areas ◽  
The Eu

Abstract In the last several decades, the European Union (EU) has demonstrated its intention to play an important role in supporting Arctic cooperation and helping to meet the challenges now facing the region. Norway, one of the five Arctic coastal states, and the EU have cooperated closely in this regard, particularly through the Agreement on the European Economic Area (EEA Agreement). This article examines how Norway’s domestic legislation applicable to its Arctic marine areas has been influenced by the development of EU environmental legislation. Specifically, this paper provides a discussion and analysis of the relevant Norwegian laws and mechanisms used to regulate how EU environmental legislation has been incorporated into Norway’s domestic legislation through the EEA Agreement.

scholarly journals Member States’ social security agreements with India

2018 ◽  
Vol 20 (2) ◽  
pp. 173-187
Author(s):  
Pauline Melin
Keyword(s):  
Social Security ◽  
European Commission ◽  
Current Approach ◽  
Legal Analysis ◽  
The European Union ◽  
Member States ◽  
Bilateral Agreements ◽  
Country Case Study ◽  
The Eu

In a 2012 Communication, the European Commission described the current approach to social security coordination with third countries as ‘patchy’. The European Commission proposed to address that patchiness by developing a common EU approach to social security coordination with third countries whereby the Member States would cooperate more with each other when concluding bilateral agreements with third countries. This article aims to explore the policy agenda of the European Commission in that field by conducting a comparative legal analysis of the Member States’ bilateral agreements with India. The idea behind the comparative legal analysis is to determine whether (1) there are common grounds between the Member States’ approaches, and (2) based on these common grounds, it is possible to suggest a common EU approach. India is taken as a third-country case study due to its labour migration and investment potential for the European Union. In addition, there are currently 12 Member State bilateral agreements with India and no instrument at the EU level on social security coordination with India. Therefore, there is a potential need for a common EU approach to social security coordination with India. Based on the comparative legal analysis of the Member States’ bilateral agreements with India, this article ends by outlining the content of a potential future common EU approach.

scholarly journals Institutional and Legal Development of EAEU and EU in Comparative Perspective

2019 ◽  
Vol 7 (3) ◽  
pp. 155-168 ◽  
Author(s):  
Mark Entin ◽  
Vadim Voynikov
Keyword(s):  
Political Elite ◽  
Legal Analysis ◽  
The European Union ◽  
Legal Decisions ◽  
Legal Structure ◽  
Eurasian Economic Union ◽  
History Of ◽  
Points Of View ◽  
Integration Project ◽  
The Eu

Despite the relatively short history of its development, the Eurasian Economic Union (EAEU) is becoming more confident about itself as a successful integration project. At the same time, there is a growing interest in the EAEU by the political elite and scientific community in Russia and abroad. The EAEU is investigated from different points of view, but almost no research is carried out without a comparative legal analysis of the EAEU and the European Union (EU). Both unions belong to the same type of integration organizations; the EAEU was largely created in the image of the EU. However, an analysis of the institutional and legal structure of the EAEU and the EU shows there are fundamental differences between the two unions concerning the principles of their functioning. This article substantiates the fact that supranational constitutionalization within the EU is not typical for the EAEU and is even harmful. At the same time, the technical tools developed by the EU can be useful to the EAEU for resolving current challenges of ensuring sustainability and self-affirmation in the international arena. This experience is of importance in view of the crisis experienced by the EU, since only they were able to manifest what institutional and legal decisions are working within the framework of an integration association, and which should be discarded. It is vital that the EAEU not repeat the mistakes and miscalculations of the EU.

Principles of liability under the Polish Criminal Code for behavior relating to the termination of pregnancy undertaken in Poland and the Czech Republic

2020 ◽  
Vol 20 (1) ◽  
pp. 237-264
Author(s):  
Olga Sitarz ◽  
Anna Jaworska-Wieloch
Keyword(s):  
Czech Republic ◽  
Legal Status ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Termination Of Pregnancy ◽  
Legal Analysis ◽  
The Czech Republic ◽  
The Third ◽  
Legal Situation

Summary The article explores the problem of significance the termination of pregnancy in the context of criminal responsibility. In the first step, the legal analysis is focused on establishing the change of legal status connected with abortion and all the consequences for criminal responsibility. The second section refers to the current act, trying to find the answer how to recognized the termination of pregnancy. The third part refers to legal situation in Czech Republic at this area. Finally, some reflections on the criminal liability for the place of the offence have been presented. The possibility of conviction for abortion in a country where it is legal should be examined..

On Leading Practices of Preliminary Notification in the Interaction of Customs Authorities and Business Structures

2021 ◽  
Vol 27 (10) ◽  
pp. 804-815
Author(s):  
O. V. Vardanyan ◽  
T. N. Kosheleva
Keyword(s):  
Best Practices ◽  
Process Analysis ◽  
Legal Analysis ◽  
The European Union ◽  
Scientific Methods ◽  
Analysis Process ◽  
Advance Information ◽  
Key Features ◽  
Business Structures ◽  
The Eu

Aim. The presented study aims to identify the key features of best practices in the organization of advance notification by analyzing advance notification practices in the European Union (EU) and Japan.Tasks. The authors analyze the organization of advance notification in the EU and Japan, identify the key features of best practices in the organization of advance notification, and formulate recommendations for Russian customs authorities.Methods. This study uses general scientific methods (analysis, synthesis, comparison) and special scientific methods (legal analysis, process analysis).Results. In the process of analyzing advance notification practices in the EU and Japan, the key features of best practices in the organization of advance notification are identified and described.Conclusions. Recommendations for the development of advance notification in Russia are formulated: to increase the number of factors used to determine the content of advance information provided on a mandatory basis. An attempt is made to develop methodological recommendations for verifying information at the stage of advance notification.

scholarly journals Human Rights in the Criminal Code? A Critique of the Curious Implementation of the EU and Council of Europe Instruments on Combating and Preventing Terrorism in Belgian Criminal Legislation

2014 ◽  
Vol 22 (1) ◽  
pp. 33-57
Author(s):  
Steven Dewulf
Keyword(s):  
European Union ◽  
Human Rights ◽  
Criminal Code ◽  
The European Union ◽  
Council Of Europe ◽  
Criminal Legislation ◽  
International Instruments ◽  
The Eu

Different international instruments on the prevention and suppression of terrorism from the European Union and the Council of Europe task States with adopting new terrorist offences. At the same time, several provisions in these international instruments remind States of their obligation to fully adhere to their human rights obligations when implementing, interpreting and applying these new offences. Following these provisions, Belgium decided to insert a rather curious human rights clause in its Criminal Code. This article will critically examine this peculiar clause and the decision(s) made by the Belgian legislator. The key question is whether or not States should indeed also implement such human rights provisions in their criminal legislation, and if so, in what way they should best proceed. It will be argued that inserting such a specific human rights clause for one particular offence in a domestic criminal code might not only be superfluous, but could even have unforeseen, unwanted and hazardous effects.

Criminalizing Waste Management Activities in Albania in the Light of the European Union Legislation

2014 ◽  
Vol 22 (1) ◽  
pp. 79-99
Author(s):  
Enkelejda Turkeshi
Keyword(s):  
European Union ◽  
Waste Management ◽  
Criminal Law ◽  
Legal Framework ◽  
Criminal Code ◽  
The European Union ◽  
Minimum Standard ◽  
Negative Effects ◽  
Illegal Waste ◽  
The Eu

Illegal waste management activities violate specific rules that aim at preventing or reducing the negative effects they may have on the environment and human health. For the purpose of providing a more effective protection of the environment, in many countries and since 2008 even at the European Union (EU) level, besides the relevant administrative offences, it is also provided for a specific criminal offence against environment concerning serious infringements of the waste management legislation. This paper examines the current legal framework in Albania concerning waste-related criminal offences, against the minimum standard set forth by the EU in the Directive 2008/99/EC on the protection of environment through criminal law. While the adoption of the new framework law on Integrated Waste Management in 2011 as part of Albania’s efforts in aligning its legislation to that of the EU, has been a positive step towards more stringent rules concerning waste management, thus helping in tackling the serious and constantly evolving problems that the country has been facing in this field for years, the paper suggests that certain amendments to the Criminal Code are also necessary, as the minimum standard of the EU requires that criminal law applies at least in the case of particularly serious infringements of the new waste management legislation. These amendments would increase the protection of the environment and further the alignment of the Albanian legislation with that of the EU, while the country is seeking to fulfill obligations for EU membership.

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