scholarly journals Law enforcement practice of regulating freedom of scientific biomedical research in the european union on the example of Germany

2021 ◽  
Vol 54 (1) ◽  
pp. 13-20
Author(s):  
MV Velychko ◽  
VI Radchenko
Keyword(s):  
Biomedical Research ◽  
Research Work ◽  
Legal Regulation ◽  
General Strategy ◽  
Member States ◽  
Biological Safety ◽  
The Creation ◽  
Biological Protection ◽  
National Programs ◽  
The Eu

Aim. Using the example of Germany, which has an advanced economy and an effective system for ensuring biological safety and biological protection, to study the practice of legal regulation of freedom of scientific research in the EU, in particular in the medical and biological field. Materials and Methods. Based on the analysis of the legislation of this country, the EU approaches to the creation of a system of regulatory support for this area at the level of development and improvement of the general strategy on biosafety and bioprotection, which is mandatory for implementation in the national programs of the member states, have been analysed. The creation and entry into force of specific regulatory legal acts which in detail administer the procedure for conducting biomedical research work is carried out individually in each participating state, considering national characteristics. Conclusions. It is proposed for Ukraine when creating an appropriate domestic system to counter bioterrorism, biological sabotage, and other biological threats to use both the positive experience of the EU member states in the development of national programs of biological safety and biological protection as well as regulatory support for their implementation. Key Words: bioterrorism, bio-threats, bio-risks, biological safety, biological protection

scholarly journals INTERNATIONAL LAW ASPECTS OF GERMAN COPYRIGHT LAW (GCL)

2017 ◽  
Vol 3 (4) ◽  
pp. 93-98
Author(s):  
Юрий Юмашев ◽  
Yuriy Yumashev ◽  
Елена Постникова ◽  
Elena Postnikova
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Legal Regulation ◽  
Copyright Law ◽  
World Intellectual Property Organization ◽  
The Internet ◽  
Private International Law ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The article deals with international law aspects of the GCL. To this aim firstly the international conventions on copyright law are analyzed, in particular: the Berne Convention for the Protection of Literary and Artistic Works in the wording of the Paris Act of 1971, the Convention on the Establishment of the World Intellectual Property Organization of 1967, the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of 1961 and Aspects of intellectual property rights (TRIPS) 1994. There is also an analysis of the EU copyright law in terms of its correlation with the law of the EU member-states and an assessment of its evolution. It is emphasized that the core fact of origin of authorship is determined on the basis of the national legislation of the Member-States. Special attention is paid to the scope of the “principle of exhausted rights”. The article also touches upon the aspect of private international law. Particular attention is paid to the legal regulation of the Internet, including Internet providers, and its impact on the formation of the GCL. The problem of combating Internet piracy is also raised, as copyright infringement often occurs in relation to works published online. In addition, the article revealed what changes were made to the GCL to comply with EU law (including secondary law acts and the practice of the EU Court). The result of the study is, among other things, the conclusion that special legal mechanisms should be developed to regulate new forms of selling works that have emerged as a result of technological progress and in the near future the Internet will undoubtedly form ways for the further development of the GCL. However, this process can negatively affect the leading role of the author as a creative person.

scholarly journals Legal Regulation of Ensuring Nuclear Safety and Security in Ukraine on the Way to European Integration

2020 ◽  
Vol 9 (1) ◽  
pp. 406
Author(s):  
Sergiy Dubchak ◽  
Valentyna Goshovska ◽  
Volodymyr Goshovskyi ◽  
Oleksandr Svetlychny ◽  
Olena Gulac
Keyword(s):  
European Integration ◽  
Legal Framework ◽  
Legal Regulation ◽  
Nuclear Safety ◽  
Nuclear Facilities ◽  
Energy Agency ◽  
Member States ◽  
Eu Member States ◽  
The Eu ◽  
The Way

The article is devoted to the analysis of legal regulation of the sphere of nuclear safety and security of Ukraine on the way to European integration. The authors drew attention to the importance of Ukraine achieving the necessary level of and nuclear sefaty and security adopted in the EU member states. The emphasis was placed on the fact that the prospects for fulfilling national obligations in the field of nuclear safety in accordance with European standards directly depend on solving the problems of ensuring the functioning of nuclear facilities, the physical protection of nuclear materials and installations as well as radioactive waste management. The main directions of ensuring the nuclear safety and secutiry in the world within the international law are considered. The role and activities of the International Atomic Energy Agency (IAEA) in setting up a regulatory framework for nuclear safety and security are analyzed. The international legal framework for nuclear safety and security was discused.The legislative basis for nuclear safety and secutiry in the EU IS characterized. The issue of legal norms unification in the field of nuclear safety regulation of EU member states was considered. The principles of legal regulation of nuclear a safety and security in Ukraine are characterized. Key words: nuclear safety, nuclear security, public administration of nuclear safety and security, legal regulation of nuclear safety and security, European integration, sustainable development in the field of ensuring nuclear safety and security. UDC 35:574:339.9:349.6        JEL Classification: K 23, K 32, K 33,  Q 5

European Asylum Policy ‐ Inclusions and Exclusions under the Surface of Universal Human Rights Language

2009 ◽  
Vol 11 (4) ◽  
pp. 347-366
Author(s):  
Jari Pirjola
Keyword(s):  
Human Rights ◽  
Legal Reasoning ◽  
Power Struggles ◽  
Member States ◽  
Asylum Policy ◽  
Universal Human Rights ◽  
The Creation ◽  
The Eu

AbstractThe tension between universal human rights commitments and particular interests of the EU or its Member States is at the heart of the creation of a common asylum system. This article explores some of the inherent and structural contradictions as well as the sometimes hidden paradoxes that affect the creation of common asylum policies. The development of the European asylum system is examined as a process of including and excluding. It is argued that open, abstract and empty human rights commitments can provide only limited guidance on how to develop migration and asylum policies in Europe. We should not try to hide the development of the European asylum system behind the obscurity of legal reasoning or institutionalized rights language, but see the emerging common asylum system as a result of different and often conflicting priorities, power struggles and ideological influences.

scholarly journals Legal Foundations for Exporting Dual-Use Goods from the European Union

Lex Russica ◽  
2021 ◽  
pp. 44-56
Author(s):  
V. Yu. Slepak
Keyword(s):  
Legal Regulation ◽  
The European Union ◽  
Dual Use ◽  
Member States ◽  
National Regulation ◽  
Eu Member States ◽  
Legal Obligations ◽  
Council Regulation ◽  
The One ◽  
The Eu

The paper is devoted to the examination of the main aspects of the legal regulation of exporting dual-use goods in the EU under Council Regulation (EU) No. 428/2009 of 5 May 2009. The main objective of the instrument under consideration is to establish a system common for EU Member States to control effectively the export of dual-use goods in order to ensure compliance of EU member States with international obligations, especially with regard to the regime of non-proliferation of nuclear weapons. The author concludes that the current Regulation on export of dual-use goods is a logical extension and continuation of the EU instruments regulating arms trade with the third countries that pursues the same objectives, i.e. to implement the international legal obligations of the EU Member States assumed under multilateral control and non-proliferation regimes. Under the selected regulatory model, the EU failed to take the opportunity of replacing relevant national regulation; the Dual-Use Export Regulation defines a general framework, leaving it to Member States to take certain measures aimed at promoting an EU-wide approach. It is up to Member States to establish an appropriate control system for transactions, involving dual-use products, carried out by their nationals and legal entities. On the one hand, it allows the authorities of Member States, due to their proximity to economic entities, to take into account to a greater extent the characteristics of the national market. On the other hand, such a system leads to discrepancies in the practice of applying, in theory at least, uniform measures for the whole Union. Thus, even with the legal basis for independent and exclusive regulation of the export of dual-use products, the EU has faced with the unwillingness of Member States to adopt such restrictions and had to focus on coordinating the activities of Member States, leaving them with a considerable degree of independence and autonomy.

scholarly journals The European Union competence in the public health field

2021 ◽  
pp. 87-92
Author(s):  
V. O. Tyumentsev
Keyword(s):  
Public Health ◽  
European Union ◽  
Legal Regulation ◽  
Health Protection ◽  
The European Union ◽  
Member States ◽  
The Public ◽  
Legal Provisions ◽  
Health Field ◽  
The Eu

The subject of this article is the competence of the European Union (EU) in the public health field within the territory of the Member States of this organization. The purpose of this article is to analyze how the EU's competence is distributed in relation to the competence of the member states using the primary treaty of the organization as a source. The article examines the powers of the EU organization within both the main and additional competence and analyzes how the EU interacts with the member states in the framework of health protection in accordance with the legal provisions of the primary source. The main and additional competence of the EU is considered separately, and there is also an analysis of the features and possible prospects of the legal regulation of health protection within the relevant branch of the law of the European Union.

Safe Country of Origin List at the EU Level: The Bargaining Process and the Implications

2012 ◽  
Author(s):  
Anca Gurzu
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
Geneva Convention ◽  
National Level ◽  
Country Of Origin ◽  
European Parliament ◽  
Bargaining Process ◽  
Member States ◽  
The Creation ◽  
The Eu

Critics have often highlighted that the 1999 Tampere decision to establish a common European Union (EU) asylum system has been too focused on security and not enough on human rights, leading to increased denial of protection for asylum seekers. This paper focuses on a controversial asylum policy, which is part of this debate: the safe country of origin (SCO) policy. This policy revolves around having a list of countries deemed "safe" which ensures asylum seekers from these countries are fast tracked through the system and likely denied asylum in the end, based on a general assumption that the application is unfounded. Human rights groups have argued the SCO policy violates the Geneva Convention. Widely used at the national level, officials proposed the creation of a supranational SCO list in the early 2000s. However, disagreements among Member States over what countries to deem “safe" as well as the need to place the European Parliament in a co-decision (as opposed to consultative) position for the creation of the EU SCO list have led to an impasse. This paper employs two major European integration theories, neofunctionalism and liberal intergovernmentalism, to explain the bargaining dynamics between Member States and their failure to agree on what “safe" means. Factors such as different national migratory pressures, varied procedural understandings and applications of the SCO policy, a limited successful harmonization in related asylum policies, along with a reluctance to have the European Parliament in a co-decision position all contributed to the non-adoption of a supranational SCO list.   Full text available at: https://doi.org/10.22215/rera.v7i1.212

scholarly journals NATIONAL STRATEGY OF INTELLECTUAL PROPERTY IN UKRAINE IN THE CONTEXT OF INTERNATIONA OBLIGATIONS

2020 ◽  
Author(s):  
Катерина Горбачова ◽  
Валентина Нежевело ◽  
Ірина Хайхан
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Legal Regulation ◽  
Judicial Reform ◽  
National Strategy ◽  
Association Agreement ◽  
High Court ◽  
The Creation ◽  
The Eu

In times of a deep economic crisis, international support, including economic support, depends largely on fulfillment of the international obligations undertaken by Ukraine. Due to the complexity of the reforms implemented by Ukrainian society, political infighting, lack of politicalwill, unity and consistency in the implemented reforms, our country today recognizes the improper and untimely implementation of certain provisions of the Association Agreement with the EU. Intellectual activity permeates all spheres of society, its results, intellectual property rights are in constant development, changing, new objects appear, which presents new requirements for legal systems, on the legal regulation of the specified sphere, and arising out legal relationships. Today, implementation of the Association Agreement with the EU, one of the Chapters of which is the field of intellectual property, assumes of economic and political importance. However, even the judicial reform introduced and the creation of the High Court on Intellectual Property have not deliver their expected results. All because of inconsistency of actions of legislative and executive branches of power, lack of systematicity in reform, and its insufficient substantiation.That is why, today, there is a growing need for the adoption of the National Strategy for the Development of the Intellectual Property Sphere for the period 2020–2025, which should become a comprehensive reflection of the state policy in the field of intellectualproperty. As to its legal nature, the National Strategy for the Development of Intellectual Property is a set of measures aimed at: (creating) promoting and encouraging the creation of intellectual property rights; (use) the introduction of favorable conditions andmechanisms for the use of intellectual property rights in production and other economic sectors; establishment of effective public administration in the field of intellectual property; increase of efficiency of activity of state institutions of the intellectual property protection system, examination of applications and issuance of security documents; improvement of legislation on protection of intellectual property rights; improving the mechanisms of protection of intellectual property rights; formation of a high level of culture and education in the field of intellectual property in order to build a competitive national economy, based on knowledge and innovation and implemented by the Government of our country. The effectiveness of the Strategy depends on the successful implementation of judicial reform and the effective work of the High Court on Intellectual Property.

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