scholarly journals The formation of legal policy of Ukraine at the present stage.

2021 ◽  
pp. 496-505
Author(s):  
Mykhailo Khodakivskyi
Keyword(s):  
European Union ◽  
Civil Rights ◽  
Public Relations ◽  
Social Relations ◽  
Good Governance ◽  
The European Union ◽  
Present Stage ◽  
Association Agreement ◽  
Legal Policy ◽  
Stage Of Development

Introduction. Legal policy as a means of regulating the political and legal sphere of society is a prerequisite for optimizing political, economic, social and other relations in society. At the present stage, politics is considered through the prism of its governance function, and in turn, law is a means of normalizing and governing public relations. In this approach, legal policy is a strategic means of transforming society, which regulates the complex relationship between society and the state and ensures human and civil rights and freedoms. Most domestic research papers on legal policy cover some of its various aspects and expressions, but focus primarily on its theoretical foundations. The aim of the article. Today there is a certain lack of applied research in legal policy. We shall try to consider the applied aspects of legal policy at the present stage of development of Ukraine, regarding it as a set of governance tasks and political and legal decisions that regulate various social relations by legal means. Results. The process of Ukrainian eurointegration stimulates the development of a civilized legal policy. Its basic characteristics are laid down in the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part. The institutional basis of this policy is the Ministry of Justice of Ukraine, which is becoming a national center for the formation of state legal policy. Further steps in this direction include the reorganization of its structure in such a way as to provide an institutional opportunity for the formation of state legal policy in all public spheres, which should be regulated by legal means. Conclusions. The key means of transforming legal policy at the present stage is the commitment made by Ukraine during the signing of the Association Agreement with the European Union. Ukrainian modern legal policy is based on such values as democratic principles, the rule of law, good governance, and so on. The structural elements of modern legal policy are the proper institutional basis for its making and the necessary content of social transformations. At the present stage, the institutional mechanism of introducing and making legal policy is being formed, based on the activity of the Ministry of Justice of Ukraine as the single national center for forming state legal policy, integrating structural subdivisions of other central executive bodies. The next stage of the reform of Ukrainian legal policy should be its content, which will also be carried out in the context of Ukrainian eurointegration.

scholarly journals SOCIETY, TRAPPED VALUES AND FUTURE OF HUMANITY IN EUROPE: THE LESSONS FOR UKR

2021 ◽  
Vol 1 (21) ◽  
Author(s):  
T.L. LIAKH ◽  
Keyword(s):  
European Union ◽  
Civil Rights ◽  
European Community ◽  
Rule Of Law ◽  
Social Relations ◽  
Well Being ◽  
Policy Support ◽  
The European Union ◽  
Association Agreement ◽  
European Values

The article is devoted to the formation of European values in Ukraine in the conditions of social transformations. The author defines that values are the system-forming core of activity and inner spiritual life of a person, and the system of values is the link that unites society and the individual, involving them in the system of social relations. It has been found that the main European values, which are distinguished by the profile organizations and on which the European community is based, are the following: respect for human dignity; fundamental rights, including the rights of communities and families; freedom (expression of will, freedom of speech, freedom of the media); democracy; equality of all members of society, including minorities; rule of law; pluralism; non-discrimination; tolerance; justice; solidarity; responsibility; equal gender rights. By signing the Association Agreement with the European Union, Ukraine has committed itself to develop relations with the European Union on common values. European values as fundamental ones are reflected in the Constitution of Ukraine. It has been determined that in the European Union values perform various functions (political, aimed at ensuring democracy, development of the rule of law, anti-discrimination, civil rights and human freedoms; consolidating – the formation of the European community and common social and humanitarian space; society, preservation and dissemination of European values, legal – justice, guaranteed by an ombudsman, protection of human and civil rights, economic – the formation of a socially-oriented market economy, ensuring balanced economic growth, full employment, prosperity, well-being, guaranteed property, overcoming poverty; social – achieving social harmony, social security and social assistance, health care, support for the family, protection of vulnerable groups, cultural – preservation of traditions, freedom of religion, language policy support, development of education, culture; information and communication – providing access to documentation, interaction with citizens.

scholarly journals EUROPEAN UNION INSTITUTIONS IN THE AREA OF SOCIAL POLICY: TASKS AND SYSTEM AT THE PRESENT STAGE OF DEVELOPMENT

2019 ◽  
pp. 99-102
Author(s):  
H. Yu. Fomina
Keyword(s):  
European Union ◽  
Social Policy ◽  
European Commission ◽  
Social Issues ◽  
International Terrorism ◽  
Present Moment ◽  
The European Union ◽  
Present Stage ◽  
Member States ◽  
Stage Of Development

The article investigates the current tasks and system of European Union’s institutions in the area of social policy. It is noted that the importance of enhancing social integration at the present stage of European Union development has been steadily increasing, since it is necessary to ensure a high level of employment and social protection, as well as a good education and quality of health, thus overcoming poverty and inequality. It has been established that the emergence of new threats to society, in particular such as international terrorism, uncontrolled and illegal migration, etc. are social in their nature. The aforementioned requires substantial changes in the European Union social policy in order not to collapse under the scope of undertaken obligations. The author identifies the crucial task of European Union and its Member-States, among which are: preservation of the achievements of past years, ensuring social rights and, at the same time, dynamic economic development in the present. Specifically, these tasks determine the European Union’s social agenda, and they can be resolved only with the appropriate coordination of the efforts between European Union institutions and its Member-States. To implement the tasks of the European Union social policy, an extensive system of institutions has been established. Basically, such institutions are divided into two major groups – those that are based on treaties and those that are established by secondary law. The first includes such institutions as the European Council, the European Parliament, the Council of the European Union, the European Commission, the Court of Justice, the Economic and Social Committee. The second group includes supporting institutions, since they were founded for activities on specific social issues. These are agencies, committees and foundations that are accountable to the European Commission or the Council of the European Union. The distribution of powers in the social sphere between European Union institutions allows the author to conclude that at the present moment Union has sufficiently developed social infrastructure. The absence of a single body concerned with social issues at the pan- European level obliges all European Union institutions to deal with social issues, as well as participate in shaping a unified social space.

scholarly journals THE EVOLUTION OF THE NORMATIVE FOUNDATIONS OF UKRAINE'S EUROPEAN INTEGRATION AT THE PRESENT STAGE OF STATE FORMATION

2020 ◽  
Keyword(s):  
European Union ◽  
European Integration ◽  
State Formation ◽  
Social Relations ◽  
Legal System ◽  
The State ◽  
Present Stage ◽  
Association Agreement ◽  
Normative Foundations ◽  
Ukrainian Society

Oleksandr Perederii, Evgen Grygorenko The evolution of the normative foundations of Ukraine's European integration at the present stage of state formation The article presents and reveals the main tendencies of evolution of the normative foundations of European integration of Ukraine at the present stage of state formation. While analyzing the problems of implementation of the Association Agreement between Ukraine and the European Union, the author highlights and reveals the content of three main tendencies that are characteristic for the development of the legislative basis of the European integration policy. In particular, the expanding of the current Constitution of Ukraine with the rules on the irreversibility of the European integration course, updating of normative documents regulating the planned character and gradual implementation of the provisions of the Association Agreement, amending the current version of the Association Agreement in order to update its provisions. The attention is drawn to the fact that the modification of the legislative foundations of Ukraine's European integration course is an important political and legal factor for the transformation of not only the system of the legal system of the state in the formal sense, but also of the legal consciousness of the broad masses of the population. This is explained by the phenomenon of the action of so-called «future law». In practical terms, such a phenomenon manifests itself in the fact that in the society on the mental level there is an increasing level of expectations from the state to activate pro-European policy, further reforming of the national law in the direction of implementation of European models of social regulation. Accordingly, there is an impact on the minds of people by "future norms of law", which are designed to regulate social relations, which are just beginning to emerge. Further priorities of expanding the legislative foundations of Ukraine's European integration are outlined. In particular, it is the optimization of the mechanism of substantial realization of European integration transformations in the practice of national state administration, as well as the preparation of legislative support to overcome the global political risks and economic threats that may occur in connection with the implementation of the Association Agreement. The primary for Ukraine is the calculation of the foresight of the political, legal and socio-economic development of Ukrainian society and the generation of normative constructions for the efficiency of the respective processes. Therefore, the practical task of national legal science is to develop scientific proposals for further development of the normative foundations of European integration of Ukraine, taking into account the requirements of time and expectations of Ukrainian society. Key words: Ukraine, European Union, European integration, legislation, Constitution of Ukraine, Association Agreement, legal system.

scholarly journals Current State of Normative and Legal Regulation of the Rehabilitation Institution in Criminal Proceedings of Ukraine

2020 ◽  
Vol 91 (4) ◽  
pp. 272-281
Author(s):  
H. I. Hlobenko
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Social Relations ◽  
Radical Change ◽  
Legal Regulation ◽  
The State ◽  
The European Union ◽  
Criminal Proceedings ◽  
Current State ◽  
Original Definition

The authir has carried out theoretical study of the current state of regulation of the rehabilitation institution in criminal proceedings of Ukraine, the immediate task of which is to protect human and civil rights and freedoms within relations between the state and an individual. Numerous appeals to the ECHR by citizens of Ukraine, who have been illegally or unjustifiably prosecuted, as well as the existence of decisions in their favor indicate on the shortcomings of this institution. The essence of the term of “rehabilitation” and its normative enshrinment in legislative acts at some historical stages of the world community development has been studied. It has been established that it was first used in medieval France to denote the pardon of a convict with the restoration of all his former rights. However, due to the development of social relations and a radical change in society’s attitude to sentencing, the concept of “rehabilitation” has become much broader than the original definition. Based on the detailed analysis of theoretical developments of leading scholars, international and legal acts, criminal procedural legislation of Ukraine, some countries of the European Union and the post-Soviet space, special attention has been focused on significant shortcomings of legal regulation of the specified area of public relations in Ukraine. The author has suggested own vision of the concept of “rehabilitation”. The author has offered to reffer it to the tasks of criminal proceedings stipulated by the provisions of the Art. 2 of the Criminal Procedura; Code of Ukraine. Besides, special attention has been paid to the fact that a rehabilitated person, in addition to compensation for damages and restoration of violated rights, must receive an official apology on behalf of the state for unjustified or illegal prosecution.

scholarly journals Tendencies in the transformation of the legal foundations of European integration of Ukraine at the present stage

2020 ◽  
pp. 66-70
Author(s):  
Oleksandr Perederii
Keyword(s):  
European Integration ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
The State ◽  
Social Regulation ◽  
The European Union ◽  
Present Stage ◽  
Association Agreement ◽  
The Eu

The article presents and reveals the main tendencies of transformation of the legislative foundations of European integration of Ukraine at the present stage of state formation. While analyzing the problems of implementation of the Association Agreement between Ukraine and the European Union, the author highlights and reveals the content of three main tendencies that are characteristic for the development of the legislative basis of the European integration policy. In particular, the expanding of the current Constitution of Ukraine with the rules on the irreversibility of the European integration course, updating of normative documents regulating the planned character and gradual implementation of the provisions of the Association Agreement, amending the current version of the Association Agreement in order to update its provisions.  The attention is drawn to the fact that the modification of the legislative foundations of Ukraine's European integration course is an important political and legal factor for the transformation of not only the system of the legal system of the state in the formal sense, but also of the legal consciousness of the broad masses of the population. This is explained by the phenomenon of the action of so-called «future law». In practical terms, such a phenomenon manifests itself in the fact that in the society on the mental level there is an increasing level of expectations from the state to activate pro-European policy, further reforming of the national law in the direction of implementation of European models of social regulation. Accordingly, there is an impact on the minds of people by "future norms of law", which are designed to regulate social relations, which are just beginning to emerge.           Further priorities of expanding the legislative foundations of Ukraine's European integration are outlined. In particular, it is the optimization of the mechanism of substantial realization of European integration transformations in the practice of national state administration, as well as the preparation of legislative support to overcome the global political risks and economic threats that may occur in connection with the implementation of the Association Agreement. First of all, Ukraine should develop and accumulate the practice of applying the legislation in the sphere of increasing the investment attractiveness of Ukraine, guaranteeing the legal protection of foreign investments, adjusting the national manufacturing sector of Ukraine to the EU requirements, harmonizing the national model of legal regulation of the labor market with the EU, enhancing the institutional focus of the Ukrainian authorities to implement the EU Directives.

Legal policy of Ukraine in the conditions of integration into the European Union

2021 ◽  
pp. 74-82
Author(s):  
Marina Haustova
Keyword(s):  
European Union ◽  
European Integration ◽  
Legal System ◽  
Main Body ◽  
The European Union ◽  
Legal Doctrine ◽  
Association Agreement ◽  
Legal Policy ◽  
The Status ◽  
The Eu

Problem setting. The article analyzes that in the XXI century. the category of “legal policy” is being actively formed, which reflects a multifaceted reality: ways of legal development of society, modernization of the country’s legal system, processes of law optimization. It is emphasized that this category and its priorities and goals began to be developed in a new format after the independence of Ukraine and the gradual definition of the main vector of its development – integration into the European community. The idea of European integration is a conscious and natural strategic choice of Ukrainian society, confirmed by many trials. In this situation, the state leadership must continue to shape its own legal policy as an important component of public policy, a means of consolidating and ensuring the political course of the country, sanctioned by the will of the people, reflected in the activities of government. Analysis of recent researches and publications. Theoretical developments of the principles of legal policy were initiated in the scientific works of domestic and foreign lawyers of the late 19th – early 20th century: B. Kistyakovsky, M. Korkunov, S. Muromtsev, L. Petrazhitsky, G. Shershenevich etc., who considered this policy as an applied science designed to promote the development of better law. Among the scientific areas of legal science of the XXI century. The problem of legal policy occupies one of the leading places, which is justified, as with the help of legal policy many different problems are solved. This phenomenon was actively analyzed by such researchers as V. A. Rudkovsky and A.P. Korobova, I. O. Kresina, A. V. Malko, I. V. Yakovyuk and others. Target of research. The purpose of the article is a comprehensive study of the concept of legal policy and analysis of the content and terminology. Article’s main body. The article analyzes the concept of modern legal policy of Ukraine, its priority goals and objectives in the context of the adopted Association Agreement and, accordingly, the commitments accepted. Relevant Strategies, state bodies, scientific institutions have been identified, which are obliged to carry out a certain amount of actions for the further integration of Ukraine into the European Union within the limits of their powers. The ways of further improvement and modernization of the Ukrainian legal system are analyzed. Conclusions and prospects for the development. The strategy of Ukraine’s integration into the EU should ensure the country’s entry into the European political, legal, economic, informational, and security space. On this basis, obtaining the status of full membership in the EU in the medium term should become the main foreign policy priority of the strategy of formation and implementation of legal policy of Ukraine in today’s challenges, which will be the subject of further research. Practically determined task of the national legal doctrine is to develop scientific proposals for further development of the legislative framework of Ukraine’s European integration and modernization of the national legal system in accordance with progressive requirements and EU standards, while preserving the national identity of the domestic legal system.

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.

Las funciones del interregionalismo en la relación UE-CAN

Oikos ◽  
2015 ◽  
Vol 14 (29) ◽  
pp. 13
Author(s):  
Olga María Cerqueira Torres
Keyword(s):  
European Union ◽  
Present Article ◽  
The Political ◽  
The European Union ◽  
Integration Process ◽  
Association Agreement ◽  
Political Rationality ◽  
Article Analysis ◽  
Andean Community ◽  
The Eu

RESUMENEn el presente artículo el análisis se ha centrado en determinar cuáles de las funciones del interregionalismo, sistematizadas en los trabajos de Jürgen Rüland, han sido desarrolladas en la relación Unión Europea-Comunidad Andina de Naciones, ya que ello ha permitido evidenciar si el estado del proceso de integración de la CAN ha condicionado la racionalidad política del comportamiento de la Unión Europea hacia la región andina (civil power o soft imperialism); esto posibilitará establecer la viabilidad de la firma del Acuerdo de Asociación Unión Europea-Comunidad Andina de Naciones.Palabras clave: Unión Europea, Comunidad Andina, interregionalismo, funciones, acuerdo de asociación. Interregionalism functions in the EU-ANDEAN community relationsABSTRACTIn the present article analysis has focused on which functions of interregionalism, systematized by Jürgen Rüland, have been developed in the European Union-Andean Community birregional relation, that allowed demonstrate if the state of the integration process in the Andean Community has conditioned the political rationality of the European Union towards the Andean region (civil power or soft imperialism); with all these elements will be possible to establish the viability of the Association Agreement signature between the European Union and the Andean Community.Keywords: European Union, Andean Community, interregionalism, functions, association agreement.

scholarly journals Trade, Politics, and Democratization: The 1997 Global Agreement Between the European Union and Mexico

2000 ◽  
Vol 42 (2) ◽  
pp. 35-62 ◽  
Author(s):  
José Antonio Sanahuja
Keyword(s):  
European Union ◽  
International Political Economy ◽  
Trade Agreement ◽  
Negotiation Process ◽  
The European Union ◽  
Association Agreement ◽  
Economic Association ◽  
Trade Politics ◽  
Global Agreement ◽  
The Relationship

Mexico and the European Union signed a new Political and Economic Association Agreement in December 1997 and ultimately a free-trade agreement in March 2000, aiming to establish a new model of relations with a more dynamic trade and investment component. This article analyzes the 1997 agreement as background to the final accord. Economic and political changes in the 1990s modified both parties’ participation in the international political economy, helping to overcome some of the structural obstacles to the relationship. The policy toward Latin America adopted by the EU in 1994 was influential. The negotiation process revealed divergences over the scope of the liberalization process and the so-called democracy clause.

DIRECTIONS OF TRANSFORMATION OF STATE POLICY IN THE CONTEXT OF THE NEED FOR SECTORAL INTEGRATION OF UKRAINE IN THE BRANCHES AND SPHERES OF THE EUROPEAN UNION

2021 ◽  
Author(s):  
Maistro S. ◽  
Kropyvnytskyi V. ◽  
Krykhtina Yu. ◽  
Treskov A.
Keyword(s):  
European Union ◽  
European Integration ◽  
State Policy ◽  
The State ◽  
The European Union ◽  
Association Agreement

The article describes the peculiarities of the formation and implementation of state policy for the development of various branches and spheres in the context of European integration of Ukraine. The degree of effectiveness of the Association Agreement between Ukraine and the European Union in various branches and spheres has been determined. The problematic aspects and contradictions of the state policy of development of various branches and spheres in the context of the implementation of the Association Agreement are highlighted. The ways of transformation of the state policy of development of various branches and spheres in the conditions of European integration of Ukraine are determined.

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