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 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.

scholarly journals Protection of fundamental rights in the private law of the European Union

2020 ◽  
Vol 2 (2) ◽  
pp. 117-153
Author(s):  
Tatjana Josipović
Keyword(s):  
European Union ◽  
Member State ◽  
Fundamental Rights ◽  
Private Law ◽  
Eu Law ◽  
The European Union ◽  
Freedom Of Contract ◽  
Optimal Balance ◽  
Private Autonomy

The paper considers and comments on the instruments of protection of the fundamental rights of the Union in private law relationships that are in the scope of applicable EU law. Special attention is paid to the influence of fundamental rights of the Union on private autonomy and the freedom of contract in private law relationships depending on whether fundamental rights are protected by national law harmonized with EU law, or by horizontal effects of the Charter of general principles. The goal of the paper is to determine the method in private law relationships that can attain the optimal balance between the protection of fundamental rights of the Union and the principle of private autonomy and the freedom of contract regulated by national law of a member state. The author favors the protection of fundamental rights in private law relationships by applying adequate measures that create indirect horizontal effects of the provisions of EU law on fundamental rights. These concern national measures that can also secure adequate protection of fundamental rights via interpretation and application of national law in line with EU law in private law relationships.

scholarly journals Interpreting retained EU private law post-Brexit: Can commonwealth comparisons help us determine the future relevance of CJEU case law?

2019 ◽  
Vol 48 (1-2) ◽  
pp. 15-38
Author(s):  
Paula Giliker
Keyword(s):  
European Union ◽  
Case Law ◽  
Private Law ◽  
Eu Law ◽  
The European Union ◽  
Privy Council ◽  
Legal Perspective ◽  
The Future ◽  
The Uk ◽  
The Right

In June 2016, the United Kingdom voted in a referendum to leave the European Union (EU). The consequences of Brexit are wide-ranging, but, from a legal perspective, it will entail the repeal of the European Communities Act 1972. The UK government does not intend to repeal EU law which is in existence on exit day, but, in terms of the interpretation of retained law, decisions of the Court of Justice of the European Union (CJEU) will no longer be binding after Brexit. Nevertheless, s. 6(2) of the EU (Withdrawal) Act 2018 does allow the UK courts to continue to pay regard to EU law and decisions of the CJEU ‘so far as it is relevant to any matter before the court’. This article will consider the meaning of the phrase ‘ may have regard to anything…so far as it is relevant’. In empowering the courts to consider post-Brexit CJEU authority subject to the undefined criterion of relevancy, how is this power likely to be exercised? A comparison will be drawn with the treatment of Privy Council and the UK case law in Commonwealth courts following the abolition of the right of appeal to the Privy Council, with particular reference to the example of Australia. It will be argued that guidance may be obtained from the common law legal family which can help us predict the future relevance and persuasiveness of CJEU case law in the interpretation of retained EU private law.

scholarly journals Regulatory and Legal Enforcement of Cyber Security in Countries of the European Union: The Experience of Germany and France

Teisė ◽  
2021 ◽  
Vol 121 ◽  
pp. 135-147
Author(s):  
Sviatoslav Kavyn ◽  
Ivan Bratsuk ◽  
Anatoliy Lytvynenko
Keyword(s):  
European Union ◽  
Information Security ◽  
National Security ◽  
Legal Regulation ◽  
Vector System ◽  
The European Union ◽  
Member States ◽  
National Legislation ◽  
Eu Member States ◽  
The Eu

This article is devoted to the study of information security in the EU member states, in particular Germany and France, in the context of the analysis of their national legislation, state, national programs and regulations. Particular attention is paid to the study of the features of regulatory and legal security of information security of Germany and France in the context of the study of their national legislation in terms of economic security as an inherent component of national security. In the course of this study the peculiarities of the functioning of the institutional and legal mechanism of cyber defense in the context of the multi-vector system of international security and legal regulation of international cooperation are analyzed. The article substantiates the expediency of developing an integrated, coordinated information policy of the EU member states in order to unify approaches to information security.At the same time, the current realities of European Union policy require comprehensive research in the context of ensuring national interests, developing effective mechanisms for protecting the information space, and legal mechanisms for shaping the economic system as a strategic factor of national security. Accordingly, the approaches to information security adopted in the European Union are currently not unified due to the geopolitical specifics of the EU’s countries. Therefore, the research, evaluation, and implementation of the positive experience of Germany and France in this area, according to the authors, is important in building the information security system of the European Union in the context of reliable protection against cyber threats.

scholarly journals Complex ecological branch of law in terms of globalization

2021 ◽  
Vol 2 (2) ◽  
pp. 14-20
Author(s):  
Lydmyla Dobroboh
Keyword(s):  
European Union ◽  
International Law ◽  
Environmental Protection ◽  
Environmental Law ◽  
Legal Regulation ◽  
Green Economy ◽  
The European Union ◽  
National Legislation ◽  
Environmental Relations ◽  
The Impact

The article deals with study of the impact of globalization on the development of a complex branch of environmental law. A significant development of science and technology in the modern world, the relative "development of the planet" and globalization processes necessitate the solution of qualitatively new scientific and applied problems and, in particular, the need to take into account the intensive development of world industry, limited natural resources and environmental requirements. and social mobility. The author has analyzed the most important historical events, implementation of international norms on environmental protection to national legislation. A particular attention has been paid to the development of the idea of environmental protection in European law in the second half of XX century and the separation within it of European environmental law. Recently, such important issues as the management of genetically modified organisms, the management of waste and hazardous chemicals, the reduction of harmful emissions into the atmosphere and water pollution have been regulated. This state of legal regulation of environmental relations at the level of international law has a positive impact on the national legislation of the Member States of the European Union and other states that have taken the European direction of development, including Ukraine. One of the important areas of cooperation between the European Union and Ukraine is the joint solution of problems in the field of environmental management and environmental protection. It has been concluded that the international legal regulation of environmental relations is a system of purposeful actions of subjects of international law, aimed at the rational use of nature and environmental protection in order to preserve it for present and future generations. The green economy is a priority for the European Union.

scholarly journals . Current issues of legal education reform in Ukraine.

2021 ◽  
Vol 3 (3) ◽  
pp. 348-353
Author(s):  
Oleksandra Skok
Keyword(s):  
European Union ◽  
Education Reform ◽  
Legal Education ◽  
Legal Regulation ◽  
Regulatory Framework ◽  
Educational Process ◽  
Ministry Of Education ◽  
The European Union ◽  
Education Development ◽  
European Standards

This article is aimed at studying issues related to the reform of legal education in Ukraine, taking into account the legal regulation of this area of state activity. Since 2004, since the adoption of the national program of adaptation of Ukrainian legislation to the legislation of the European Union, a process has begun to bring the provisions of national legislation into European standards in order for Ukraine to meet the third Copenhagen and Madrid criteria for membership in the European Union. One of the areas of implementation of this Program is legal reform in Ukraine, which affects the formation of common approaches to creating a regulatory framework for training qualified professionals and creating appropriate conditions for the institutional, scientific and educational process of adaptation of Ukrainian legislation. In addition, the ways of implementing the National Strategy for the Development of Education in Ukraine until 2021 and the National Doctrine of Education Development need special attention. Many domestic scholars have paid attention to the issue of legal education reform in different years. However, this area is becoming increasingly important due to the development of society as a whole and the growing demand for the legal profession, which is reflected in quantitative indicators. Thus, according to the Ministry of Education and Science of Ukraine, in 2021, in the ranking of specialties by the number of applications, the specialty «Law» takes second place. In 2021, 68,124 applications were submitted for this specialty. As a result of the study, the problematic issues related to bringing the regulatory framework to a single model, which must meet both European standards and the Constitution of Ukraine, were identified. Given the demand for legal education, both in Ukraine and abroad, its regulation should be paid attention in the first place.

From Status to Impact, and the Role of National Legislation: The Application of Article 34 TFEU to a Private Certification Organisation in Fra.bo

2013 ◽  
Vol 4 (3) ◽  
pp. 405-408 ◽  
Author(s):  
Barend van Leeuwen
Keyword(s):  
European Union ◽  
Private Law ◽  
The European Union ◽  
National Legislation ◽  
Court Of Justice ◽  
Private Certification

In Fra.bo, it was held by the Court of Justice of the European Union (“CJEU”) that “Article 28 EC must be interpreted as meaning that it applies to standardisation and certification activities of a private-law body, where the national legislation considers the products certified by that body to be compliant with national law and that has the effect of restricting the marketing of products which are not certified by that body” (author's headnote).

scholarly journals ASPECTS OF MUTUAL INFLUENCE OF EXTENSION PROCESSES OF THE EUROPEAN UNION LEGAL SPACE AND THE REFORMING OF THE LEGAL SYSTEM OF UKRAINE

2019 ◽  
Keyword(s):  
European Union ◽  
Legal System ◽  
Mutual Influence ◽  
Legal Regulation ◽  
Eu Law ◽  
The European Union ◽  
Space Extension ◽  
National Legal System ◽  
Legal Space ◽  
The Eu

The article defines the main aspects of mutual influence of the legal system of Ukraine reforming processes and the extension of the legal space of the European Union (EU) from the general theoretical viewpoint. The article defines the category «legal space» as an acknowledged and regulated by law life sphere of people, organizations, states and international institutions in order to achieve the agreed and common goals. The main features of the legal space as a phenomenon of legal reality are outlined: multilevel legal regulation with the application of national and international legal acts, unification of law enforcement rules, mandatory agreement on a consensual basis of actors operating within the legal space. The factors of the EU legal space extension are emphasized. It is noted that the reforming of the legal system of Ukraine and the EU legal space extension are interconnected and complementary processes. At the core of such a relationship lies the political will of Ukraine to recognize and legitimize the norms and principles of EU law on the one hand and the desire of the EU to expand the geographical and spatial boundaries of political, legal and economic influence on the other. Based on the analysis of provisions of the bilateral cooperation acts of Ukraine and the EU, as well as using the achievements of national scientists who studied the impact of EU law on the national legal system, four main aspects of the mutual influence of transformation processes of the national legal system and the scope of the extension of the regulatory capacity of the European Union law are highlighted. In particular, it is the creation of a legal basis for the development integrated ties between Ukraine and the EU, recognition of the universal values ​​of the EU in Ukraine, and the involvement of Ukraine in European politics. It is pointed to the issue of Ukraine's full participation in the realization of common policies with the EU. It is emphasized, that the main result of active interaction between the national legal system and the EU legal space is the change of methodological approaches to the analysis of the correlation of political borders of the European Union and factual territorial scope of the European legal space, especially legal borders. That is why the modern scientific community faces a new perspective task - to ground the patterns of formation of the optimal model of Ukraine's borrowing of positive legal practices from the EU legal space, provided that the national identity is preserved in the conditions of the national legal system reforming.

scholarly journals Legal Regulation of the EU Common Agricultural Market

2020 ◽  
Vol 16 (2) ◽  
pp. 89-97
Author(s):  
E. G. Martirosyan
Keyword(s):  
European Union ◽  
Legal Regulation ◽  
Farm Animals ◽  
Eu Law ◽  
The European Union ◽  
Agricultural Market ◽  
Member States ◽  
Legal Method ◽  
European Union Legislation ◽  
The Eu

Introduction. The article presents the analysis of legal regulation on the agricultural market of the European Union. The high growth of international economic integration, contributing to the intensification of interstate cooperation for the simplified movement of goods and services induces the harmonization of regulatory and legislative frameworks to develop uniform mechanisms of legal regulation. The diversification of agricultural exports should be considered as one of the highly promising, priority and sustainable trends of agricultural policy. EU law requirements must be taken into account by organizations engaged in foreign economic activities of food supplies. The article gives the updated analysis of the Eurasian Union regulatory framework in the sphere of agricultural products. Materials and methods. The methodological basis of the study comprises the universal dialectic method of scientific knowledge, general scientific methods (analysis, synthesis, analogy, induction, deduction, modeling, etc.), particular scientific (logical-legal method, comparative legal method of systemic analysis, etc.). Methods of content analysis of legal documentation, allowing to study key trends in the legal regulation and policies of the European Union in relation to the agricultural market were also used.The results of the study. The conducted analysis revealed that there is a confusing situation in the European Union legislation about the agricultural market. The exceptional attitude to agriculture in the European Union legislation was widely under-mined, which led to serious consequences not only for the interpretation of agricultural provisions in EU law, but also for the legal provisions about the agricultural market in other countries. The article also analyzes the changes in legislation that pave the way for a deeper understanding of agricultural law in the European Union after the reforms introduced by the Lisbon Treaty.Discussion and conclusion. Since 1974, the European Union has developed a wide range of legislative provisions related to agriculture. Pursuant to EU treaties, animals are recognized as living creatures, and therefore the EU and Member States must take due care of animal welfare requirements preparing and implementing policies in agriculture or on the domestic market. Currently, EU legislation on the welfare of farm animals contains specific provisions for the cultivation of poultry, calves and pigs,  as well as to all types of agricultural machinery and livestock slaughter. Nevertheless, there are contradictions between the EU Member States stemming from the legal regulation of the common agricultural market in the European Union.The author concludes that the EU food law is comprehensive and aimed to provide consumers with safe and high-quality products, subject to timely and comprehensive information about possible risks. Taking into account the experience of the European Union in the development and correction the relevant legislative system will significantly increase the effectiveness of the measures to increase the export potential of domestic products.

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