scholarly journals СВІТОВИЙ ДОСВІД ФОРМУВАННЯ ДЕРЖАВНОГО МЕХАНІЗМУ НОРМАТИВНОПРАВОВОГО РЕГУЛЮВАННЯ СОЦІАЛЬНО-ЕКОНОМІЧНИХ ВІДНОСИН У БУДІВНИЦТВІ

Author(s):  
MARUSHEVA O.,

Стаття присвячена визначенню особливостей формуваннядержавного механізму нормативно-правового регулювання соціальноекономічних відносин у будівництві у країнах Європейського Союзу.Виявлено, що у державах Західної Європи свідомо передається частинафункцій нормативно-правового регулювання соціально-економічнихвідносин у будівництві недержавному сектору. В Німеччині,Великобританії, США саме на таких організаціях лежать функції зліцензійного забезпечення господарської діяльності, що пов’язана зістворенням будівель та споруд, проведенням професійної атестації.Проаналізовано, що у Франції головний регуляторний орган –Міністерство будівництва, транспорту й туризму. Його діяльністьполягає у вивченні кон’юнктури, прогнозуванні, консультуванні місцевихорганів, наданні субсидій та кредитів організаціям (для реалізаціїбудівельних програм). Зроблено висновок, що міжнародний досвідпідтверджує загальну тенденцію розвинених країн – роздержавлення всфері управління будівництвом й передача більшості владноуправлінських функцій саморегулюючим організаціям. The article is devoted to the definition of the peculiarities of the formationof the structure of the state mechanism of legal regulation of social andeconomic relations in construction in the countries of the European Union. It isrevealed that in the states of Western Europe consciously transferred part ofthe functions of regulatory and legal regulation of socio-economic relations inthe construction of the non-state sector. In Germany, the United Kingdom, andthe United States, such organizations have the functions of licensing businessactivities related to the construction of buildings and constructions,professional certification. It is analyzed that in the France the main regulatorybody is the Ministry of Construction, Transport and Tourism. His activityconsists in studying the situation, forecasting, advising local authorities,granting subsidies and loans to organizations (for the implementation ofconstruction programs). It was concluded that international experienceconfirms the general trend of developed countries – denationalization of themanagement of construction and the transfer of most power and managementfunctions to self-regulatory organizations.

2018 ◽  
Vol 18 (2) ◽  
pp. 134-151
Author(s):  
Andrea Circolo ◽  
Ondrej Hamuľák

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.


THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 125-132
Author(s):  
A. B. Mukhamedkhanova ◽  
A. S. Tulemetova ◽  
G.M. Zhurynov

The problems of ensuring effective management and forming competitiveness of industrial enter-prises are relevant regardless of the conditions for conducting business activities. The fact is that the competitiveness of business structures in modern conditions is not ensured by simply owning factors of production (labor, capital, land), and even entrepreneurial talent is not currently a source of obtaining stable or exclusive competitive advantages. In order to obtain sustainable or exclusive competitive advantages that constitute strategic competitiveness, the business structure needs to have an intellectual (educational) component of development, including the production and implementation of innovations, as well as readiness for changes. Subject of research. On the basis of innovative foresight, ensuring the competitiveness of business structures of the production industry is a set of organizational, managerial and economic relations that arise in the process of formation. Purpose and objectives of the study. Development of proposals to improve the competitiveness of business structures based on innovative foresight. A number of theoretical, methodological and practical issues related to the formation and implementation of a strategy for managing the innovative development of entrepreneurial structures based on innovative foresight remain insufficiently studied and require further development of rules for its creation and functioning. At the same time, despite a detailed description of the problems of strategic management of innovative deve-lopment of business structures, the research of foreign scientists was carried out in relation to the relatively stable conditions of the economy of developed countries, the practical application of the mechanisms proposed by them in the conditions of the Kazakh economy requires mandatory revision, taking into account the specifics of the modern economy and industry.


Author(s):  
Sabine Jacques

This chapter provides an overview of the nature and definition of parody in the context of copyright law. The Court of Justice of the European Union (CJEU) has introduced two requirements that must be satisfied before a work may be considered a ‘parody’: firstly, it must ‘evoke an existing work while being noticeably different from it’, and secondly, it must ‘constitute an expression of humour or mockery’. The chapter first traces the origin and history of parody in the arts, including music, before discussing the relationship of parody with concepts such as satire, caricature, and pastiche. It then examines why a parody exception has been considered necessary in copyright law. The chapter goes on to analyse the legal evolution of parody in France, Australia, Canada, the United States, and the United Kingdom, showing that the existing international human rights framework may influence the definition of parody in intellectual property law.


2019 ◽  
Vol 10 (3) ◽  
pp. 695
Author(s):  
Anatoly Yu. BABASKIN

The relevance of the study is due to the fact that there is a growing need to study civil law and its practice in Ukraine and the most economically developed countries of the European Union. The purpose of the study is to conduct a comparative analysis of the legal regulation of interest rates under the loan agreement, with the participation of the entity, in the civil legislation of Ukraine and Germany, in order to identify similar features, differences, deficiencies in their legal regulation, and identify possible areas for improvement of the rules of civil law of Ukraine. The article investigates the legal nature of interest rates in credit relations, legal regulation of types of interest rates, bases of accrual of interest on a loan, restriction of freedom to set the amount of interest rate on a loan agreement, the order of payment of interest on a loan, etc. In the course of the research, similar features and differences in the legal regulation of interest rates in the credit agreement in the legislation of Ukraine and Germany were identified, deficiencies and possible directions of improvement of the civil legislation of Ukraine in the specified field were identified.


Author(s):  
Ihor Alieksieienko

The article discusses some of the issues of the application of labor (employment) law to regulate labor relations in the gig economy of Ukraine. In recent years Ukraine occupied one of the first places in the world by its growth rate. A small part of those employed in it work as employees on the basis of employment contract, and the overwhelming majority as self-employed contractors or without formalized legal relations. At the same time, there are signs of labor relations in the work of the latter. Therefore, the issue of legal regulation of their work by labor law is of great practical and theoretical importance not only in Ukraine, but also in the European Union and other countries. The author paid some attention to studying the experience of the European Union on the regulation of labor relations in the gig economy. Here, judicial practice, the case law of the Court of Justice of the EU, as well as legal acts of the Parliament and Council of the EU. According the author, these documents pursue the goal of extending the labor law to workers of gig economy, who are in fact not self-employed, but employees. The person is qualified by EU law as employee if his independent is merely notion, thereby disguising an employment relationship. Among the legal documents of Ukraine regarding these issues first of all, it is necessary to name the draft law “On Amendment to Labor Code on Definition of Labor Relationships and signs of their Existence”. It introduces 7 signs of employment: if three of them are present – a person is presumed to be an employee. In general, this draft law contains progressive provisions. At the same time, the Law “On Promoting the Development of Digital Economy in Ukraine” is quite contradictory. So if the whole world tries to provide labor rights for gig workers who have no signs of self-employed independent contractor, this Law introduces the terms “gig-specialist” and “gig-contract” and takes them outside the labor law, qualifying them as civil law. At the same time this Law grants “gig-specialists” their own separate labor rights instead of others, including collective. Thus, regulation of labor relations in the gig economy of Ukraine needs improvement based on the study and application of the positive experience of EU legislation and jurisprudence.


2002 ◽  
Vol 3 (4) ◽  
Author(s):  
Richard Best

The Product Liability Directive of 1985 (85/374/EEC) (“the Directive”), which sought to harmonise a strict liability regime for defective products across the European Union, has now been implemented into domestic law by all EU member states. In some countries the implementing legislation has been in force for more than 10 years. Nevertheless, until recently, there were few decided cases, both in the United Kingdom and across Europe generally, considering in detail the often critical provisions of articles 6 (definition of defectiveness) and 7(e) (the development risks defence).


Author(s):  
Nikita A. Filin ◽  
◽  
Vladimir O. Koklikov ◽  
Aleksandr S. Khodunov ◽  
◽  
...  

The article considers the development of Iran’s relations with the Eurasian Economic Union, as well as the views of Russian and Iranian experts on further prospects for cooperation. It is shown that the economic potential of Iran, despite existing economic difficulties, is comparable to the potential of the most developed countries of the organization. Iranian authorities are in favor of stepping up relations with the Eurasian Economic Union, which the organization itself is committed to. Russian and Iranian experts generally support further intensive development of Iran’s trade and economic relations with that organization, but they note on a number of issues in the way. According to Iranian experts, the Free Trade Agreement with the Eurasian Economic Union will allow Iran to overcome the severe American sanctions and revive its economy through a sharp increase in exports. But some experts oppose an active rapprochement between Iran and the Union, seeing that as a danger to weak domestic production or to relations with Western Europe, which occupies a much larger place in Iran’s foreign trade than the countries of the Eurasian Economic Union.


Author(s):  
Elizabeth Adamson

This chapter covers the definition of in-home childcare and introduces the broad trends that underpin the restructuring of early childhood education and care and domestic care work. This includes an overview of recent trends and shifts surrounding women’s and maternal workforce participation, children’s attendance in formal and informal types of care, and the prevalence of in-home child care in each of the three English-speaking liberal welfare countries that are the focus of the book - Australia, the United Kingdom and Canada. These trends are also presented in relation to other developed countries across the OECD countries. It introduces how these demographic changes and shifts in policy structures render the need for greater attention to the place of in-home childcare. It also provides a policy snapshot of in-home childcare in the three focus countries, outlining the funding structures, regulation and migration context surrounding ECEC and in-home childcare.


2010 ◽  
Vol 65 (1) ◽  
pp. 3-29 ◽  
Author(s):  
Richard Hyman

In 2005 the “Constitutional Treaty” designed to restructure the governance of the European Union (EU) was rejected in popular referendums in France and the Netherlands. Subsequently only in Ireland was a referendum held on the Lisbon Treaty, which reinstated most elements in the previous version, in June 2008. Again a negative result threw the EU into crisis, though a second Irish vote in October 2009 yielded a different result. The “no” votes reflected a familiar pattern of popular rejection of initiatives on European integration. This article provides an overview of such referendums in western Europe, focusing in particular on the role of national trade unions in popular votes on EU accession and on Treaty revisions. It discusses trade union intervention in a dozen countries which held referendums since the Single European Act in the 1980s (and in the United Kingdom, which did not). It is evident that while mainstream trade unions (or at least their leaders) have usually endorsed the integration process, in most countries where referendums have been held their members have voted otherwise. This has been particularly evident among manual workers. Sometimes popular attitudes have been strongly influenced by narrowly nationalistic arguments, but rejection has often been based on “progressive” rather than “reactionary” grounds. In particular, the justified view that the EU in its current direction is encouraging a neoliberal, pro-capitalist drift in social and economic policy has underlain a left-wing critique of further integration. But having assented to the underlying architecture of actually existing Europeanization, unions have rarely shown the will to mobilize offensively around an alternative vision of social Europe. This has left the field open to right-wing nationalists (and to fringe left-wing parties with only a limited electoral base) to campaign in the “no” camp during referendums. Popular attitudes are malleable, but it requires a major strategic re-orientation if unions are to reconnect with their members in order to build a popular movement for a genuinely social Europe.


Author(s):  
Viktoriia Bondaruk

The US foreign policy serves as an example for other countries, as it is one of the most developed countries in the world. For a better understanding of the features of contemporary foreign policy, the preconditions for its formation are determined. The history of the United States of America has been analyzed, which has inevitably influenced the formation of its current foreign policy and geostrategy. The political system of the country is defined as one of the direct factors influencing the formation of foreign policy. It is revealed that the very political preconditions create the legal basis for the existence and development of foreign policy, and therefore their study is very important for a deeper understanding of the vectors, principles and means of implementing the modern foreign policy of any state, namely, the United States. The internal economic situation, structure and development of the country’s economy, as well as problems and challenges on the way to the development of the national economy that are directly relevant for defining the functions, priorities and directions of foreign policy are considered. After all, it is the economy that is one of the most important factors shaping the foreign economic strategy of the state, which is an important factor in the formation of foreign economic relations and politics in general. It is proved that the geopolitical situation is the main factor for the definition of foreign policy vectors of the state. The geographic and geopolitical location of the state, in this case, the United States, defines the directions and vectors of the foreign policy of the state. The article explores all the factors and preconditions for the formation of US foreign policy during the presidency of Bill Clinton and his predecessors.


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