scholarly journals The Concept and Content of Adaptation of Ukrainian Civil Legislation to EU Legislation in the Field of Sales

2020 ◽  
pp. 217-225
Author(s):  
Serhii ABROSIMOV
Keyword(s):  
Consumer Protection ◽  
Scientific Work ◽  
Legal Framework ◽  
Legislative Process ◽  
Eu Law ◽  
Association Agreement ◽  
National Legislation ◽  
Eu Legislation ◽  
Harmonization Process ◽  
Common European Sales Law

The article investigates the legal nature of the processes of adaptation of the civil legislation of Ukraine to the EU legislation in the field of purchase and sale. The issues studied in the scientific work are updated through the prism of re-encoding of civil legislation in Ukraine. The author emphasizes the importance of the process of approximation of legal orders within integration associations or other international organizations. Legislative approximation with EU law means the transposition, implementation and enforcement of EU law in the national legal practice of third countries; legislative process aimed at gradually approximating and bringing the legal framework of partner countries in line with EU law. The author studies the draft Common European sales law (CESL) through the prism of its importance for the harmonization of EU law and the adaptation of national legal orders. In the article the author emphasizes the ambiguity of interpretations of the content of the adaptation of national legislation. The author takes the position that adaptation is not limited to issues of legislation, as it is about law enforcement practice and legal techniques. The author proposes to perceive adaptation as a component of the harmonization process, which is aimed at purposeful convergence and harmonization of legal regulations in order to achieve consistency of legislation in a particular area. In fact, adaptation is the final stage of harmonization of legislation, because without the harmonization of national legislation with a single body of legislation, there will be no process of harmonization within a particular international community or community. Given the content of the Association Agreement, the author points out the main areas of adaptation of civil law in the field of purchase and sale: consumer protection in the field of electronic commerce; consumer protection against unfair pricing methods; consumer protection in the field of product safety, etc. The author defines the concept of adaptation of civil legislation of Ukraine to EU legislation in the field of purchase and sale as a process of gradually achieving compatibility of existing civil legislation and new acts of Ukraine with EU acts in the field of sale.

scholarly journals DETERMINATION VALUE OF SMUGGLING GOODS

2015 ◽  
Vol 3 (72) ◽  
pp. 50
Author(s):  
Aleksejs Šaforostovs
Keyword(s):  
European Commission ◽  
Market Price ◽  
Case Law ◽  
Eu Law ◽  
National Legislation ◽  
Excise Tax ◽  
Eu Legislation ◽  
Specific Activities

The aim of this Article is to evaluate determination of value of smuggled goods according to existing Latvian and EU legislation and regulations. The problem analyzed in this study- existing determination metodology of smuggled goods value, which does not comply with EU legislation and case law, and European Commission opinion as well. Article`s novity has been shown by research carried out through analysis of the smuggled goods value, paying special attention to Latvian legislation in comparison with EU law, the case-law. As particular novelty of research should be emphasized Author`s proposals for improvements in national legislation and terminology, defining specific activities. Summarizing up conclusions of the article it can be said that the value of smuggled goods should be fixed according to market price or assimilated price at the time of the offense, but it is not acceptable to include customs tax, VAT and excise tax into the value of goods. These taxes can be applied to determine the compensation for losses if it will be proved that goods had been intended for use in commercial purposes.

From Paper to Webpage: Legislation during the British Regime in Palestine in the Israeli National Legislation Database*

2021 ◽  
Author(s):  
Gali Ben-Or ◽  
Daphna Barnai ◽  
Ayelet Volberg
Keyword(s):  
Legal Framework ◽  
The State ◽  
Editorial Team ◽  
Legislative Process ◽  
British Mandate ◽  
State Laws ◽  
National Legislation ◽  
British Military ◽  
Legislative Procedures ◽  
State Of Israel

Abstract The editorial team of the Israeli National Legislation Database endeavored to locate all the proclamations, ordinances, and ‘Orders in Council’ published from the beginning of the British military regime in Palestine to the last ‘hidden laws’ published in the waning days of the British Mandate. These documents complete the historical information on Israel state laws and shed light on the initial establishment of the legal and judicial system in Palestine, before the establishment of the State of Israel. In this paper, we describe the development of legislation under British regime, from 1917 to the establishment of the State of Israel in 1948. We introduce the three figures who played key roles in regulating the legislative system: Orme Bigland Clark, Norman Bentwich, and Sir Robert Harry Drayton, and describe the legislative process that was developed and the legislative procedures that prevailed at the time. The legal framework of this period, alongside the remaining Ottoman legislation, formed a solid basis for the legislative system and process for the Provisional State Council and subsequently, the Knesset.

The concept and methods of harmonisation of the private law legislation of ukraine in the field of provision of transport services with the legislation of the European Union

2020 ◽  
Vol 27 (2) ◽  
pp. 91-106
Author(s):  
Iryna Lukasevych-Krutnyk
Keyword(s):  
European Union ◽  
Scientific Work ◽  
Legal Regulation ◽  
Educational Process ◽  
Practical Significance ◽  
Private Law ◽  
Eu Law ◽  
The European Union ◽  
National Legislation ◽  
Transport Services

The article is devoted to the harmonisation of private law legislation of Ukraine in the field of transport services with the legislation of the European Union. The purpose of the study is to formulate the concept and determine the main ways to harmonise the private law of Ukraine in the field of transport services with the legislation of the European Union. The main method of scientific work is the method of legal analysis, the use of which made it possible to identify possible ways to harmonise national legislation in this area to European standards. Based on the analysis of the norms of national legislation and the legislation of the European Union, the terms “harmonisation”, “adaptation” and “approximation” were distinguished. It was proposed to understand the harmonisation of private legislation in the field of transport services with the legislation of the European Union as the process of adjusting Ukrainian legislation on the basis of EU legislation, in particular directives and regulations, in order to bring national legislation in line with their provisions. According to the results of the study, the harmonisation of private law of Ukraine in the field of transport services with EU law occurs in three ways, namely: 1) Ukraine's accession to international regulations in force in the EU, or the signing of bilateral agreements on cooperation in in the field of providing transport services with EU countries; 2) development and adoption of regulatory legal acts of Ukraine in the field of transport services, which take into account the provisions of EU law; 3) implementation into national legislation of the provisions of EU regulations and directives by making changes and additions to the current regulations of Ukraine. The practical significance of the research results is that the theoretical provisions and conclusions can become the basis for further research on the legal regulation of contractual relations for the provision of transport services in the context of European integration processes. The materials of the article can be used in the educational process for the preparation of educational and methodological support and teaching of relevant topics in terms of training courses in civil, contract and contract law, as well as special civil disciplines

scholarly journals Development of the Environmental legislation in Ukraine after coming into force of the Association Agreement

2020 ◽  
pp. 222-231
Author(s):  
Malysheva Natalii
Keyword(s):  
Positive Impact ◽  
Environmental Law ◽  
Eu Law ◽  
Environmental Legislation ◽  
Association Agreement ◽  
National Legislation ◽  
National Regulation ◽  
Process Failure ◽  
The One ◽  
The Eu

After the full entry into force on 01.09.2017 of the EU – Ukraine Association Agreement one of the main tasks of its implementation was to align Ukraine's national legislation with EU law. The Agreement itself, as well as the annexes thereto, set out both the directions of this process and the specific provisions of EU acts (directives and regulations) to align with national legislation of Ukraine and timeframes of these actions. An important area of harmonization in the context of the Association Agreement’s obligations is environmental protection; its main vectors are set out in Chapter 6 "Environment" of Section V "Economic and Sectorial Cooperation" (Art. 360–366) and in Annexes XXX and XXI to the relevant Chapter 6. In total, following the Annex XXX, Ukraine has to adapt its legislation to the provisions of 26 EU directives and 3 regulations. Since that time both successes in Ukraine's implementation of the EU environmental acquis, as well as weaknesses, problems and difficulties in way to bring the legislation into compliance were revealed. Positive impact on implementation of the Agreement’s requirements was, in particular, the creation of bilateral and national mechanisms for monitoring the implementation of the Agreement, both at the institutional, organizational, legal and procedural levels, for analyze the implementation of Ukraine's commitments on a permanent or periodic basis. Among the main problems which arise during bringing to compliance are the following: lack/insufficiency of a systematic approach in the harmonization process, failure to take into account strategic guidelines and perspective development of EU environmental law, on the one hand, and features of the Ukrainian legal system, on the other hand; attempting to formally transpose EU law without proper link to national environmental law. Finally, there are many environmental issues, the regulation of which is inert to the factors of harmonization with EU law, but is important for domestic national regulation. Unfortunately, in recent years, these aspects of the development of environmental legislation of Ukraine have been constantly neglected, and all legislative activity in the environmental field has been fully focused on bringing the legislation in line with the requirements of the Association Agreement.

scholarly journals Aspects of safety and health at work in the context of EU and Kosovo

Sigurnost ◽  
2021 ◽  
Vol 63 (4) ◽  
pp. 419-433
Author(s):  
Muhamet Vokrri
Keyword(s):  
European Union ◽  
Occupational Safety ◽  
Legal Regulation ◽  
Occupational Safety And Health ◽  
International Level ◽  
Eu Law ◽  
The European Union ◽  
Association Agreement ◽  
National Legislation ◽  
Safety And Health

Occupational Safety and Health are the two key components of employee efficiency in their workplace, and at the same time guaranteeing them can directly impact employee well-being and productivity for employers and their earnings. Obviously, legal definition and their protection fall under the State domain, respectively Institutions that are authorized to supervise the implementation of legislation by the employers. Having in consideration the facts that reports obtained from the labor field, particularly those of “Occupational Safety and Health” reflect the continuous challenges of majority of employees, it is understandable why there is a need for adequate legal regulation in this field at national and international level, including international standards (ILO Conventions), as well as the Treaties - EU Directives referring to the relevant field. In this context, an attempt was to elaborate on the nature and importance of these two components in the international level as well as the reflection they have within national legislation specifically the case of Kosovo in relation to ILO Conventions and with EU law, with EC Framework Directive no. 89/391 of 12 June 1989. The reasons for such elaboration lie in the fact of our society's aspirations to be part of the European Union, and the development of adequate legislation in this field as well as compatible with EU law, particularly after signing the Stabilization and Association Agreement (SAA) between Kosovo and the European Union (EU), where practically Kosovo has taken the legal and contractual obligation to approximate national legislation with the EU Acquis. The challenges in implementing national legislation as well as the increasing number of deaths and injuries in the workplace will be the focus of this study. In this context methods for practical harmonization will be analyzed and studied, as well as recommendations on how to act in specific areas so that workers are guaranteed dignity and above all, safety and health at their workplace.

The Legal Status of the Energy Regulator in Ukraine in the Context of Recent Legislative Changes and European Integration

2017 ◽  
Vol 71 (0) ◽  
pp. 0-0
Author(s):  
Yuliya Vashchenko
Keyword(s):  
Legal Status ◽  
Legal Framework ◽  
Energy Sector ◽  
Public Authorities ◽  
Association Agreement ◽  
Eu Legislation ◽  
Regulatory Authorities ◽  
Energy Community ◽  
Regulatory Commission ◽  
The Eu

The energy sector is a strategic industry of each state. Energy industry is one of the most important regulated fields at the EU level and a crucial direction of cooperation between the EU and Ukraine. EU legislation, primarily directives and regulations from the Third Energy Package, prescribe requirements in respect of the legal status of national regulatory authorities in the fields of energy and natural gas. Ukraine, as a full-fledged member of the Energy Community, as well as in line with the EU‒Ukraine Association Agreement, shall institute laws and regulations necessary for the implementation of those requirements. In particular, EU legislation stipulates requirements with regard to the independence of national regulatory authorities from other state authorities during the exercise of their regulatory powers. In recent years, Ukrainian public authorities have undertaken steps to develop and approve a legal framework in order to implement the requirements of EU energy legislation, in particular those related to the legal status of national regulatory authorities. The approval of the Law of Ukraine on the National Energy and Communal Services Regulatory Commission in 2016 was one of the critical achievements in this direction. However, the new Law has not solved the problem of the constitutional legal status of the energy regulator. The Constitution of Ukraine’s provisions specifying the powers of the President of Ukraine and the Verkhovna Rada of Ukraine as against permanent independent regulatory authorities (e.g., pertaining to the establishment, appointment and dismissal of members, accountability) shall be amended in order to bolster the principle of independence of national regulatory authorities in the energy sector as prescribed by EU legislation.

scholarly journals LEGAL FRAMEWORK OF GOOD MANUFACTURING PRACTICE (GMP) FOR VETERINARY MEDICINAL PRODUCTS IN THE EU: EXPERIENCE FOR UKRAINE

2018 ◽  
pp. 65-76
Author(s):  
I. Berezovska
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Good Manufacturing Practice ◽  
Eu Law ◽  
The European Union ◽  
Medicinal Products ◽  
Association Agreement ◽  
Organizational Work ◽  
The Eu ◽  
Veterinary Medicinal Products

The article comprehensively analyzes current legislation of the European Union on Good Manufacturing Practice (GMP) for veterinary medicinal products in particular the provisions of Directives No. 91/412 and No. 2001/82, and describes GMP main elements. It is noted that as a result of EU-Ukraine Association Agreement signing a new stage in the development of Ukrainian legislation regarding the turnover of veterinary medicinal products has begun, which is characterized by the increased impact of EU law on the legal regulation of this industry. The state of the appropriate national legislation reforming was analyzed. It was proved that today the main directions of such reforming are related to the integrated introduction of Good Manufacturing Practice and to the restoration of the production of veterinary medicinal products licensing. The importance of prompt and effective completion of these reforms which will have significant consequences not only for the national pharmaceutical industry, but also for the protection of the health of animals and people in general, was underscored. It was emphasized that the scale of the obligations undertaken by Ukraine to harmonize the legislation on the circulation of veterinary medicinal products requires prompt and qualified organizational work by the Ukrainian competent authorities.

Articulating the Task of EU Translation

2018 ◽  
Author(s):  
C.J.W. Baaij
Keyword(s):  
Cultural Diversity ◽  
Contract Law ◽  
Internal Market ◽  
Language Diversity ◽  
Eu Law ◽  
Consumer Contract ◽  
Eu Legislation ◽  
Policy Objectives ◽  
Legal Integration

The task that EU Translation needs to accomplish originates from the combined policy objectives of legal integration and language diversity, which in turn rest on two EU fundamental principles: the advancement of a European Internal Market and the respect and protection of Europe’s cultural diversity, respectively. However, a comparison of language versions of EU legislation in the field of consumer contract law illustrates the ways in which the multilingual character of EU legislation might hamper the uniform interpretation and application of EU law. It articulates why pursuing effective legal integration and protecting language diversity requires EU translators and lawyer–linguists to accomplish absolute concordance between language versions.

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