scholarly journals Approximation of customers’ rights institution concerning retail purchase-sale to the European Union provisions

2020 ◽  
pp. 452-457
Author(s):  
Danylo Demchenko
Keyword(s):  
European Union ◽  
The European Union ◽  
Complete Understanding ◽  
Independent State ◽  
Association Agreement ◽  
Rights Protection ◽  
Consumer Rights ◽  
The Status ◽  
The Subject ◽  
Official Evaluation

In the article the meaning of the customer rights protection is researched regarding the minor purchase and sale, as a fundamentalfor the capitalist economy. Separately, it is noted that the adoption of the law “on consumer rights protection” was one of the first when Ukraine received the status of an independent state and fixed the basic principle of consumer rights protection in Part 2 of Article 50of the Constitution of Ukraine. The importance of the association agreement between Ukraine and the European Union for updating theappropriate level of attention to consumer protection is considered. The Annex XXXIX to the 20 agreement regarding association isdefined, being fundamental for the purposes of the research, in which 15 provisions that concern the subject of the research are outlined.The special attention is devoted to the results that were already accomplished, even without the use of systematic approach by the legalauthorities. Three main spheres are found out, which will undergo swift development, as a consequence of continuation of work onapproximation of Ukrainian legislation to the European sample. Each of the streams is processed specifically and in detail. The optionsof future implementation are provided in the process of analysis. For a more complete understanding, separate statistical analysis wasmade. Special attention is paid to problematic issues that do not allow the executive authorities to approach the legislation with thehigher intensity and more effectively. The author’s vision of the Conception of the governmental policy in the sphere of customer’srights protection for the 2020 period is laid out. The critical remarks are being made regarding the inactivity of the executive authoritiesin attraction of European Committee for the official evaluation of the appropriateness of the Ukrainian legislation to the provisions ofthe European Union. Based on the analysis, the methodological concepts of transformation of the institution of the consumer rights protectionin the Ukrainian legislation are worked out.

scholarly journals Pirkuma līguma objekta izpratne jauno patērētāju pirkuma direktīvu gaismā

2021 ◽  
pp. 11-27
Author(s):  
Jānis Kārkliņš ◽  
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Goods And Services ◽  
Rights Protection ◽  
The Subject ◽  
Free Movement Of Goods ◽  
Special Rules ◽  
High Level ◽  
New Consumer

One of the objectives of the European Union is to create an internal market in which the free movement of goods and services is ensured. At the same time, by ensuring the free movement of goods and services, the European Union has a duty to promote a high level of consumer protection. In order to achieve both of these goals at the same time, the European Union has adopted, among other things, a significant number of directives, which the Latvian legislator has mostly transposed into the Consumer Rights Protection Law. Nevertheless, the development of digital technologies has made it necessary to lay down special rules in the event that the subject of the contract contains digital elements. Taking into account the above, this article provides analysis of the content of the new consumer sales directives (2019/770, 2019/771), their implementa­tion as much as possible in connection with the existing Latvian legal system, as well as views some legal issues related to the implementation of directives in Latvia.

scholarly journals European integration processes аnd private international law: certain aspects

2020 ◽  
pp. 357-361
Author(s):  
Ernest Gramatskiy
Keyword(s):  
European Union ◽  
International Law ◽  
European Integration ◽  
National Court ◽  
Legal Regulation ◽  
Private International Law ◽  
The European Union ◽  
International Treaties ◽  
Association Agreement ◽  
The Subject

Certain aspects, the meaning and relationship between adaptation of the private legislation of Ukraine to the requirements of theEuropean Community and private international law are analyzed in the article. The above mentioned phenomena are explored in thelight of the active integration of Ukraine into European and world space, which at the same time explains the stage of fundamentalchanges in the national system of private law.Special attention is paid to the provisions of the Association Agreement between Ukraine and the European Union dated June 27,2014, which became the basis for deepening the processes of democratization and liberalization in all spheres of life, including thesphere of regulation of private law relations complicated by a foreign element – the legal relations that make up the subject matter ofinternational private law.The concept, features and legal aim of adaptation in law in the context of European integration changes were the subject todetailed analysis. Various approaches of scientists in terms of characterization of this concept are analyzed. It is indicated that the adaptationof the national legislation of Ukraine to the legislation of the European Union is a long and multi-stage process, the plan of whichis enshrined at the level of international treaties, including the Association Agreement between Ukraine and the European Union of June27, 2014. Particular attention is paid to the analysis of the provisions of the Association Agreement, which are directly devoted to internationalprivate law and legal relations which make up its subject matter.Special attention is paid to the issue of intellectual property law and its regulation under current legislation of Ukraine and AssociationAgreement between Ukraine and the European Union. Certain aspects referring trademark regulation are analyzed. Judicial practiceof the national court of Ukraine has been taken into account as well.It is crucial to stress that European integration processes have their direct impact on private international law system and its me -cha nism of legal regulation.

scholarly journals Meeting the political and the legislative Copenhagen Criteria, the case of Kosovo

2013 ◽  
Vol 3 (2) ◽  
pp. 329
Author(s):  
LL.M. Rinor Hoxha
Keyword(s):  
European Union ◽  
Balkan Peninsula ◽  
The Political ◽  
The European Union ◽  
Small Country ◽  
Independent State ◽  
Association Agreement ◽  
The Balkans ◽  
Eu Candidate Countries

The next enlargement of the European Union is predicted to be in the Balkans. Kosovo, a small country of the Balkan Peninsula, which has been declared as an independent state in 2008, aims the membership in EU. Kosovo is currently at the stage of negotiating the Stabilization and Association Agreement with EU. For the membership in EU, candidate countries are required to achieve certain criteria: political, legislative, economic and administrative. The first three are known as the Copenhagen Criteria, whereas the last one as the Madrid Criteria. This paper looks to briefly asses the difficulties of Kosovo in meeting the two Copenhagen Criteria: the political and the legislative one. Although, Kosovo has achieved certain progress related to this matter, this paper presents only the dimensions where Kosovo is lacking in achieving the aforementioned requirements.

scholarly journals Contestation of Kosovo’s Statehood from Within: EULEX Judges Adjudicating Privatization Matters through ‘Status Neutrality’

2020 ◽  
Vol 45 (4) ◽  
pp. 432-443
Author(s):  
Kushtrim Istrefi
Keyword(s):  
European Union ◽  
International Relations ◽  
Rule Of Law ◽  
International Organizations ◽  
Constitutional Court ◽  
The European Union ◽  
Independent State ◽  
Political Status ◽  
The Status ◽  
The Republic

Abstract Kosovo’s statehood has been contested by foes as well as friends. Much is known about the former and less about the latter. This contribution explores the contestation of Kosovo’s independence by the judges of the European Union Rule of Law Mission in Kosovo (eulex) working on privatization matters before Kosovo courts. As put by the Constitutional Court of the Republic of Kosovo (kcc), eulex judges working on privatization matters, “simply continued to ignore the existence of Kosovo as an independent State and its legislation emanating from its Assembly”. The kcc stated this after eulex judges working on privatization matters had refused to respect Kosovo laws and institutions subsequent to the 2008 Kosovo Declaration of Independence. This paper explores the judicial dialogue on Kosovo’s independence between eulex judges and the kcc and identifies the limitations and risks of the ‘status neutral’ policy applied by international organizations to collaborate with Kosovar institutions without prejudging its political status. This submission suggests that ‘status neutrality’ leads to either acceptance or contestation of Kosovo’s statehood and thus brings more uncertainty than clarity to Kosovo’s position in international relations.

scholarly journals European integration processes аnd private international law: certain aspects

2020 ◽  
pp. 357-361
Author(s):  
Ernest Gramatskiy
Keyword(s):  
European Union ◽  
International Law ◽  
European Integration ◽  
National Court ◽  
Legal Regulation ◽  
Private International Law ◽  
The European Union ◽  
International Treaties ◽  
Association Agreement ◽  
The Subject

Certain aspects, the meaning and relationship between adaptation of the private legislation of Ukraine to the requirements of theEuropean Community and private international law are analyzed in the article. The above mentioned phenomena are explored in thelight of the active integration of Ukraine into European and world space, which at the same time explains the stage of fundamentalchanges in the national system of private law.Special attention is paid to the provisions of the Association Agreement between Ukraine and the European Union dated June 27,2014, which became the basis for deepening the processes of democratization and liberalization in all spheres of life, including thesphere of regulation of private law relations complicated by a foreign element – the legal relations that make up the subject matter ofinternational private law.The concept, features and legal aim of adaptation in law in the context of European integration changes were the subject todetailed analysis. Various approaches of scientists in terms of characterization of this concept are analyzed. It is indicated that the adaptationof the national legislation of Ukraine to the legislation of the European Union is a long and multi-stage process, the plan of whichis enshrined at the level of international treaties, including the Association Agreement between Ukraine and the European Union of June27, 2014. Particular attention is paid to the analysis of the provisions of the Association Agreement, which are directly devoted to internationalprivate law and legal relations which make up its subject matter.Special attention is paid to the issue of intellectual property law and its regulation under current legislation of Ukraine and AssociationAgreement between Ukraine and the European Union. Certain aspects referring trademark regulation are analyzed. Judicial practiceof the national court of Ukraine has been taken into account as well.It is crucial to stress that European integration processes have their direct impact on private international law system and its me -cha nism of legal regulation.

Discussion Matters of the Warrant Procedure Relating to the Amendments and Additions in the Code of Civil Procedure (SG. Issue 100 of 20.12.2019)

De Jure ◽  
2020 ◽  
Vol 11 (1) ◽  
Author(s):  
Boris Borisov ◽  
◽  
◽  
Keyword(s):  
European Union ◽  
Civil Procedure ◽  
Theoretical Studies ◽  
The European Union ◽  
Consumer Rights ◽  
Official Control ◽  
The Social ◽  
Procedural Code ◽  
The Subject ◽  
Unfair Terms

The article focuses on some of the amendments and addition to the Civil Procedural Code, promulgated in SG. 100 of 2019, which cover the subject of the warrant procedure. On the basis of the accumulated theoretical studies on the essence and particularities of the warrant procedure is made an analysis of these amendments and additions and their possible manifestation in practice. It is accepted that part of the changes are an expression of the idea of synchronizing the procedural system with the requirements of the European Union for enhanced protection of consumer rights – introduction of a new character of the ex-officio principle, expressed in the official control of the existence of unfair terms in a contract concluded with a consumer, a new grounds for rejecting an application for an enforcement warrant and grounds for suspending execution, etc. Despite the social focus of the accepted changes in the warrant procedure, they raise a number of debating issues that may warrant controversial practice

scholarly journals The Potential for Innovative and Smart Rural Development in the Peripheral Regions of Eastern Poland

Agriculture ◽  
2021 ◽  
Vol 11 (3) ◽  
pp. 188
Author(s):  
Mieczysław Adamowicz
Keyword(s):  
European Union ◽  
Rural Development ◽  
The European Union ◽  
Cohesion Policy ◽  
The Status ◽  
Eastern Border ◽  
The Subject ◽  
Support Programmes ◽  
Official Information ◽  
Peripheral Regions

Peripheral regions exist in most European countries, and in the countries of the European Union they have been supported for many years by the Community’s Cohesion Policy, which aims at reducing development disparities between the Member States and regions within individual countries. In Poland, five out of sixteen voivodeships in the country are considered to be peripheral regions. They are located on Poland’s eastern border, which is also the eastern border of the European Union. Support programmes for these regions have attained the status of separate operational programmes, focusing on generating convergence effects, which can be achieved by increasing the level of innovation and implementing intelligent ways of operating the economy. The aim of this paper is to demonstrate the essence of peripherality and the innovative-development potential of peripheral regions in Poland, as well as the potential of smart rural development. The paper is based on an analysis of research results drawn from the literature on the subject, as well as from official information and statistics. Own research on the smart village concept in three regions of Eastern Poland was also used. This research showed a reduction in disproportions in the development of regions in Poland, and a link between the level of innovation and the economic growth of the regions, which occurred with a certain lag in relation to the transfer of innovation.

scholarly journals THE LAW "ON CONSUMER RIGHTS" THE UK: RIGHTS, DUTIES, RESPONSIBILITY

2018 ◽  
Vol 22 (3) ◽  
pp. 137-144
Author(s):  
A. N. Surkov ◽  
S. V. Melnik ◽  
E. V. Chernykh
Keyword(s):  
European Union ◽  
Consumer Protection ◽  
The European Union ◽  
Rights Protection ◽  
The United Kingdom ◽  
Consumer Rights ◽  
New Type ◽  
Legal Space ◽  
The Law ◽  
The Uk

In this article, one of the most urgent topics of the development of legislation on consumer rights protection in the UK is being considered. UK legislation on the protection of consumer rights, especially in connection with the forthcoming withdrawal of Britain from the European Union has a number of features. The law "On the Rights of Consumers", adopted in 2015, made it possible to analyze and highlight a number of features in the field of consumer protection in the UK, namely, the allocation of absolutely new standards applicable to the new type of services-digital content. By researching this topic, the author shows the emerging contradictions between the legislation of the European Union and the United Kingdom in the field of consumer protection, where the UK, against the backdrop of Brexit, analyzing the new Directives adopted by the European Union to retain a single legal space tends to unify the norms of the law "On the Rights of Consumers".

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.

scholarly journals The Interaction of the European Union and Turkey on the Problem of the Migration Crisis: Deep Contradictions as a Result of Changes in the Geopolitical Realities

2019 ◽  
Vol 9 (4) ◽  
pp. 78-82
Author(s):  
V. V. Zubov
Keyword(s):  
European Union ◽  
Street Crime ◽  
Military Force ◽  
The European Union ◽  
Independent State ◽  
Association Agreement ◽  
Eu Member States ◽  
Migration Crisis ◽  
Final Agreement ◽  
The Eu

The growing number of refugees from the Middle East and North Africa to Europe, which occurred after the onset of the Arab spring and the military strengthening of the Taliban in Afghanistan, has become a severe challenge for the European Union. The migration crisis has forced the EU to step up negotiations with Turkey, a country that has become a transit point for migrants on their way to Europe. It seems evident both parties are not interested in the increase in the number of terrorist acts, the increase in the level of street crime and the appearance of separate enclaves in the territory of the countries participating in the negotiations. However, Turkey and the EU could not reach a final agreement that could completely secure the “European” border from the uncontrolled flow of refugees. Despite the decrease in the number of refugees in 2018, the danger for the European Union remains: the desire of the Kurds to create an independent state can be stopped by military force, and the re-entry of the Taliban to power is quite real. A legitimate question arises: why has Turkey, which has been a member of NATO since 1952, actively pursued the westernisation of its society since Mustafa Kemal and signed the association agreement in 1963, which is unfriendly towards the EU? The article discusses the history of relations between Turkey and the European Union, analyses the role of the EU member states in forming a common position about Turkey’s potential membership in the organisation. The author paid particular attention to changing the foreign policy situation as a factor that influenced the priorities of the parties.

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