scholarly journals Legal regulation of combating illegal migration in Ukraine and the EU

2021 ◽  
Vol 39 (71) ◽  
pp. 472-491
Author(s):  
Yurii Kuryliuk ◽  
Mariia Slyvka ◽  
Yaroslav Kushnir
Keyword(s):  
Illegal Immigration ◽  
Migration Policy ◽  
Organizational Structures ◽  
Legal Framework ◽  
Legal Regulation ◽  
Illegal Immigrants ◽  
Legal Interpretation ◽  
Illegal Migration ◽  
Initial Stage ◽  
The Eu

Through a methodology of legal interpretation and analyze the stages of formation of migration policy and legislation in Ukraine since its independence. It was determined that in the initial stage the main elements of the legal regulation of migration processes in Ukraine were the development of the legal framework on migration, the initiation of international cooperation and the creation of organizational structures that address migration issues. The article also analyzes the extensive system of normative acts developed in Ukraine today, aimed at the legal regulation of migration processes and the fight against illegal migration. In this context, the details of the fight against illegal immigration in EU countries are described. Finally, the guidelines for EU migration policy in the field of combating illegal immigration are studied. It is concluded that, unlike Ukraine, where the fight against illegal immigration is mainly limited to the establishment of prohibitions and fines for illegal immigrants, the EU has developed a system of incentives and measures aimed at supporting third countries, among other aspects.

scholarly journals International legal experience in combating illegal migration by sea

2021 ◽  
Vol 66 ◽  
pp. 284-287
Author(s):  
O.O. Kukshynova ◽  
A. O. Samoilenko
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Legal Regulation ◽  
European Countries ◽  
The European Union ◽  
Illegal Migration ◽  
Illegal Migrants ◽  
Theoretical Approaches ◽  
The Impact ◽  
Treaty Of Amsterdam

This article highlights the impact of international law on the global process of illegal migration, reveals a number of international problems related to international migration, in particular by sea, identifies the main factors influencing illegal migration in general, indicates the state of illegal migration in various European Union countries. attention is paid to such important international legal instruments as the Schengen Agreement of 1985 and 1990, the Dublin Convention of 1990, the Maastricht Treaty of 1992 and the Treaty of Amsterdam of 1997. The article also focuses on the European Union agency, which deals with the protection of external borders and their protection from illegal migrants, in particular, by sea.The analysis of theoretical and practical aspects of combating illegal migration by sea at the international level, as well as in the development of scientific and theoretical approaches to solving migration problems, characterizes the legal regulation of combating illegal migration by maritime transport and maritime participation established intergovernmental bodies. The main tools of the European Union to combat illegal migration by sea, which can be used to improve the legal regulation of migration authorities of other countries, as well as substantiate the organizational and legal framework of European countries in the field of legal support to combat illegal migration by sea.The actions of European states represented by the relevant state bodies in solving the problems of illegal migration with the help of merchant fleets of European countries are studied. The article pays attention to the influence of illegal migration on the formation and change of legal awareness of society, as the beginning of the formation of criminogenic factors among illegal migrants in the host country.

scholarly journals Legal Regulation of Ensuring Nuclear Safety and Security in Ukraine on the Way to European Integration

2020 ◽  
Vol 9 (1) ◽  
pp. 406
Author(s):  
Sergiy Dubchak ◽  
Valentyna Goshovska ◽  
Volodymyr Goshovskyi ◽  
Oleksandr Svetlychny ◽  
Olena Gulac
Keyword(s):  
European Integration ◽  
Legal Framework ◽  
Legal Regulation ◽  
Nuclear Safety ◽  
Nuclear Facilities ◽  
Energy Agency ◽  
Member States ◽  
Eu Member States ◽  
The Eu ◽  
The Way

The article is devoted to the analysis of legal regulation of the sphere of nuclear safety and security of Ukraine on the way to European integration. The authors drew attention to the importance of Ukraine achieving the necessary level of and nuclear sefaty and security adopted in the EU member states. The emphasis was placed on the fact that the prospects for fulfilling national obligations in the field of nuclear safety in accordance with European standards directly depend on solving the problems of ensuring the functioning of nuclear facilities, the physical protection of nuclear materials and installations as well as radioactive waste management. The main directions of ensuring the nuclear safety and secutiry in the world within the international law are considered. The role and activities of the International Atomic Energy Agency (IAEA) in setting up a regulatory framework for nuclear safety and security are analyzed. The international legal framework for nuclear safety and security was discused.The legislative basis for nuclear safety and secutiry in the EU IS characterized. The issue of legal norms unification in the field of nuclear safety regulation of EU member states was considered. The principles of legal regulation of nuclear a safety and security in Ukraine are characterized. Key words: nuclear safety, nuclear security, public administration of nuclear safety and security, legal regulation of nuclear safety and security, European integration, sustainable development in the field of ensuring nuclear safety and security. UDC 35:574:339.9:349.6        JEL Classification: K 23, K 32, K 33,  Q 5

POLISH AND RUSSIAN BORDER ON THE ROAD TO SCHENGEN

2011 ◽  
Vol 161 (3) ◽  
pp. 97-122
Author(s):  
Halina ŁACH
Keyword(s):  
Central Europe ◽  
Action Plan ◽  
Migration Policy ◽  
Buffer Zone ◽  
The Other ◽  
The European Union ◽  
Illegal Migration ◽  
Wide Range ◽  
On The Road ◽  
The Eu

After the collapse of communism, the countries of Central Europe, including Poland, be-came a “buffer zone” for the European Union. This was not the result of a deliberate policy by the EU; Poland and the other countries in Central Europe wanted to begin cooperation with the EU as soon as possible, hoping to become its members.Future membership in the Union required Poland to adopt and implement the regulations of the Schengen legal order, which included control on its external borders, a common visa regime, combating cross-border crime, migration policy, infrastructure for border protection, as well as cooperation of border, customs and police services. Adopting the EU standards formed the basis for drawing up and implementing strategic governmental projects: The Action Plan for the Implementation of the Schengen Legal Heritage in Poland as well as the Strategy for the Integrated Border Management.Membership in the EU entailed a wide range of legal, institutional and infrastructural adjustments along the Polish and Russian border, as Poland came to be responsible for the safety of each specific section of the external border. In order to meet the Schengen regulations on the Polish and Russian border, the authorities of the Province of Warmia and Mazury began implementing projects and plans for managing the national border with respect to modernising its infrastructure and construction of border crossings. On the other hand, The Warmia and Mazury Division of the Border Guard took action in border protection consisting in adjusting border protection standards to the border crime threats, illegal migration as well as the intro-duction of regulations to allow for free transfer of persons and objects across the border.

Common EU migration policy will be hard to achieve

2017 ◽  
Keyword(s):  
Illegal Immigration ◽  
Migration Policy ◽  
Content Type ◽  
Eu Countries ◽  
The Mediterranean ◽  
Migration Crisis ◽  
To Come ◽  
Run Up ◽  
East West ◽  
The Eu

Significance The EU is still struggling to formulate a coordinated response to the migration crisis, but it has managed to make significant cuts in illegal immigration by tightening control of its external borders and reducing the number of irregular crossings of the Mediterranean. Impacts An EU-Africa summit in November will review measures to prevent people from trying to come to Europe in the first place. The number of people crossing the Mediterranean has fallen, but for each individual attempting the journey the risk of dying has increased. The sense of being abandoned by other EU countries could boost Euroscepticism in the run-up to next year’s election in Italy. Conflicts over migration policy are likely to deepen the east-west divide within the EU.

scholarly journals Legal Framework for Green Finance in the EU and Russia

2021 ◽  
Vol 13 (5) ◽  
pp. 29-43
Author(s):  
Larisa V. Sannikova ◽  
Keyword(s):  
Global Climate ◽  
Legal Framework ◽  
Legal Regulation ◽  
National Standards ◽  
The European Union ◽  
Investor Confidence ◽  
Green Finance ◽  
Sustainable Finance ◽  
Verification Process ◽  
The Eu

The climate agenda has recently taken on new significance with global climate change threatening all of humanity. The regulation of green finance instruments needs to be improved in order to attract more money to fight global warming. To ensure investor confidence in green instruments, a common standard for them must be created. The European Union and Russia have been forming a regulatory framework aiming to create national standards for green bonds. The present article analyses the European Commission’s proposed package of measures to help improve the flow of money toward financing the transition to a sustainable economy. The author explores the problems of developing legal regulation of sustainable finance in Russia, especially with regard to the creation of a national taxonomy of green projects and national verification of sustainable financial instruments. The comparative legal study of the EU and Russian draft laws on green finance has demonstrated similar approaches to establishing regulatory rules. The article describes the prospects for green finance in the context of digitalization. Based on a study of best practices (Green Assets Wallet, green bonds, etc.), it is concluded that digital solutions for sustainable finance are currently still not well-developed. In the future, however, their use will significantly increase investor trust in green instruments and reduce costs, in particular through digitalization of the verification process.

The Evolution of the European Neighbourhood Policy and the Current Challenges of a Disintegrated Neighbourhood

2012 ◽  
Author(s):  
Narine Ghazaryan
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Policy Formation ◽  
European Neighbourhood Policy ◽  
The European Union ◽  
Current State ◽  
Initial Stage ◽  
State Of Affairs ◽  
The Arab Spring ◽  
The Eu

The paper traces the evolution of the European Neighbourhood Policy (ENP) since its origins until the present day. The ENP was initiated in 2003 attracting vast institutional and scholarly interest in its various aspects. The extraordinary events of the Arab Spring revolutions in the Southern neighbourhood prompted a renewed interest towards the ENP despite the internal economic turmoil faced by the European Union (EU) and its Member States. The EU institutions undertook a substantive revision of the policy in 2011 in addition to the regional split that had taken place previously. The legal framework of the ENP, comprising its objectives, methodology and instruments, is analysed to reveal the various stages of the existence of the policy and the shortcomings undermining its success. The initial stage of policy formation, the subsequent impact of the Treaty of Lisbon, and the most current state of affairs with a regional emphasis will be addressed in sequence.   Full text available at: https://doi.org/10.22215/rera.v7i1.211

Cooperatives in Ukraine: Applicative Peculiarities of Legal Integration up to the EU Standards

2019 ◽  
Vol 9 (5) ◽  
pp. 1789
Author(s):  
Valentyna A. VASYLIEVA ◽  
Alla V. ZELISKO ◽  
Olga I. ZOZULIAK
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
The European Union ◽  
European Union Law ◽  
Social Nature ◽  
The Social ◽  
Market Relations ◽  
The Eu

The article deals with the peculiarities of the processes of adaptation of the legal regulation of cooperatives in post-socialist states (as exemplified by Ukraine) to the requirements of the European Union. Such features are formed taking into account historical, social and economic prerequisites of the development of the modern legal framework of Ukraine. Authors are focused on problems of pecuniary autonomy of cooperatives; the possibility of its full-fledged activities as the parties to market relations; implementation of legal mechanisms that can increase competitive advantage of cooperatives in present-day conditions; increase the level of security and protection of rights and interests of cooperative members. It is proved that the effective entrepreneurial activity of the cooperative is rather compatible with the social nature of the latter, moreover – it contributes to the implementation of such a nature. Behind the arguments in favor of such an approach there is the principle declared in the practices of the European Union law – the focus of cooperatives on the affirmation of the interests of its members.

scholarly journals Migration Policy of the European Union on the Countries of Northern Africa

2019 ◽  
pp. 67-83
Author(s):  
Zinaida Sviashchenko
Keyword(s):  
European Union ◽  
North Africa ◽  
Professional Training ◽  
Migration Policy ◽  
Special Role ◽  
The European Union ◽  
Illegal Migration ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The article is devoted to the actual issues of the European Union migration policy with regard to the countries of North Africa. Indeed, the intensive migration movement that has recently taken place in Europe has forced the EU to develop a new, adequate migration policy that would be able to effectively address the problems encountered in this area. The reasons and the current state of migration processes are investigated. The main directions and areas of regulation of migration processes in the European Union concerning the countries of North Africa are highlighted. In particular, attention is drawn to such an important direction of the EU migration policy as the fight against illegal migration. The main problems of regulation of migration processes, in particular, labor migrants and refugees, are outlined. The substantial quantitative and qualitative changes that have taken place in the migration processes from the countries of North Africa to Europe have been analyzed. The general economic consequences of migration from the countries of North Africa for donor countries and recipient countries are described. Attention is drawn to the issue of professional training of Africans for further employment in the EU. It is concluded that migration in the EU countries plays a special role due to the aging of the population in European countries and the need to attract labor from third countries. Migration flows between the countries of North Africa and the EU are particularly intense. This is due to the geographical proximity of these regions, as well as close economic, political and cultural ties. Among the priority areas of the EU migration policy, such as border management and the return of illegal migrants to their homeland, convergence of Member States practice in strengthening the common European regime, sharing responsibilities and ensuring the acceptance of refugees with their further resettlement among EU member states.

scholarly journals THE RIGHTS AND DUTIES OF THE DETAINED PERSONS

2011 ◽  
Vol 1 (3) ◽  
pp. 7
Author(s):  
Iveta Adijāne
Keyword(s):  
Human Rights ◽  
Illegal Immigration ◽  
Migration Policy ◽  
The Other ◽  
Member States ◽  
Eu Member States ◽  
Entry Regulations ◽  
The Eu

The recent incidents in the EU prove the fact that the problem of prevention of illegal immigration exists and becomes more and more urgent. The number of detained foreigners increases and enrages the whole EU migration policy. However, we cannot speak only about the security of the EU member states, on the other side of the problem there are foreigners, who due to different reasons have broken residence and entry regulations. And the most important here we have to remember about is the human rights of the detained foreigners. It does not matter where and when somebody is, no one can infringe his or her rights, which according to the definite normative acts should be respected and recognised by all control institutions. At the same time foreigners have to respect our laws, which define their duties. Latvia still gets in touch with the problems connected with both applying foreigners’ rights and providing fulfilment of duties.

scholarly journals Formation of legal framework for transportation safety in Ancient Rus’

2020 ◽  
pp. 53-67
Author(s):  
Aleksandr Ivanovich Sidorkin
Keyword(s):  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Climatic Conditions ◽  
Transportation Safety ◽  
Transportation Services ◽  
State Institutions ◽  
Water Transportation ◽  
Legal Method ◽  
Initial Stage

The subject of this research is the problems of ensuring transportation safety at the initial stage of establishment of Ancient Rus’. The author explores the origins of formation of the national legal framework for ensuring transportation safety; as well as describes the transition from extralegal means of ensuring transportation safety (physical armed defense of the subjects of transport relations) towards legal regulation of this issue. The platform of transportation safety of that time was based on the variety of transportation services, first and foremost, international. Emphasis is made on the natural-climatic conditions, due to which the East Slavs put the problem of ensuring safety of water transportation to the forefront. Application of the narrative method of research allowed structuring a logically consistent image of the formation of legal framework for ensuring transportation safety in its historical development. The comparative legal method allowed analyzing the processes of formation of legal framework for ensuring transportation safety in the countries that dealt with Ancient Rus’ in this field. The author supports an opinion on infeasibility of juridification of relations in the area of transportation safety in the pre-state period; only with the emergence of state institutions in the territory of East Slavs, they take on the functions of legal protection of the subjects of transport relations. The first international agreements of the Kiev State and the Novgorod Feudal Republic confirm this conclusion.

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