scholarly journals PUBLIC OVERSIGHT OF UKRAINE’S EUROPEAN INTEGRATION COURSE

2021 ◽  
pp. 183-198
Author(s):  
Anatoliy Krugashov ◽  
Andriana Kostenko

Abstract. The article deals with the wide range of mechanisms in support of civil society institutions–government interaction in the context of developing and implementing European integration reforms in Ukraine. The authors identified 6 strategic documents and 20 areas of reform related to the process of European integration, as well as the key issues concerning implementation of the Association Agreement between Ukraine and the EU. The authors conclude that positive trends are visible in recent decades in the institutional development of Ukrainian civil society, which has become a driving force of the country’s European integration aspirations. In this setting, civil society institutions (CSIs) work with government agencies, engage in informal advocacy, conduct monitoring policies, perform and publish policy analysis and recommendations, and work with and lobby international agencies and other actors.

Author(s):  
V. I. Denysenko

The failure to sign the Association Agreement with the EU in autumn 2013 has been investigated. The role of the Russian factor, which became decisive in the foreign policy reversal of the Yanukovych regime, has been revealed. The importance of Viktor Yanukovych’s meeting with Russian President Vladimir Putin on October 27, 2013, in the dramatic change of Ukraine’s international vector has been emphasized. On the basis of diplomats’ memoirs, the assumption about intimidation of the Ukrainian President by the Russian side has been substantiated. The timeline of the preparation of the 2013 Vilnius Summit, the position of EU structures and the attempts of the fourth President of Ukraine to win time to trade with the Russians have been reproduced. The thesis about the Donetsk clan’s attempts to prepare public opinion for a 180 degree turn in late October - early November 2013 has been presented. For this purpose, demonstration meetings were organized with representatives of Ukrainian business and trade unions, who called for revision of plans for European integration on their own initiative. The main role in manipulating public opinion rested on the government of Mykola Azarov and the Verkhovna Rada, which had a majority coalition led by the Party of Regions. Instead, Viktor Yanukovych continued his European integration rhetoric and reiterated to Western partners his own willingness to sign the Association Agreement between Ukraine and the EU. On November 21, the real position of the ruling elite was made available to the Cabinet of Ministers of Ukraine. According to it, the process of preparation for the signing of the Association Agreement was suspended, the proposal was made for the trilateral Ukraine-EU-Russia negotiations, and the ministries were tasked with developing measures to maintain economic ties with the CIS countries. The decision was rejected by European partners and led to Yanukovych’s attempts to find other ways to thwart the signing of the Agreement. It has been proved that this role was played by Yanukovych’s requirements for financial assistance from the EU amounting to about 160 billion euros, which aimed to prevent the signing of the Association Agreement. Key words: Viktor Yanukovych, association of Ukraine with the EU, эYulia Tymoshenko, European integration, Pat Cox, Alexander Kwasniewski, Vladimir Putin.


Author(s):  
Halyna Melnychuk

This article presents important steps and achievements accomplished by the Republic of Moldova towards integration, by analysing its collaboration with the European Union.  The development of relations with the EU is the priority goal that Moldova strives for, which means not only economic, but also political and cultural integration.  The first steps of the Republic of Moldova towards the EU were encouraging.  After years of isolation, this process was difficult and required a lot of efforts.  This is due to many reasons, the most important of which are Russia's political and economic pressure, theunresolved issue in Transnistria, the ideological and geopolitical schisms of the population, some of which see their future with Russia, and the other part with Europe.  Despite the existing problems, cooperation with the EU has yielded tangible results: the EU-Moldova Association Agreement has been signed, the visa regime has been abolished and financial support for the socioeconomic and public sectors is provided.  Moldova, for its part, is making great efforts to form a single political, economic and cultural educational space with the EU, which supports its efforts in the process of European integration.  Its speed and success largely depend on the country itself, its economic and political development.  A strong statepolicymaking aimed at strengthening reforms and stimulating the transition to a market economy in accordance with the international principles is inherent in the future development of Moldova. Keywords: Republic of Moldova, European Union,European Integration, foreign policy, Transniestrian conflict


Author(s):  
R. Daniel Kelemen

Theories of federalism can provide a set of assumptions, concepts, and arguments that shed light on many aspects of European integration. Applying the federalism perspective opens up EU scholars to a range of relevant comparative cases that provide analytic leverage and insight on the EU. This perspective also enables EU scholars to draw on and contribute to a well-established literature in comparative politics, thus connecting their findings about the EU to broader academic debates. EU scholars have applied theories of federalism to help explain a wide range of questions about European integration, from general questions about why and how the EU came together as a political system to narrow questions about very specific policy areas, to the causes and consequences of the EU’s recent crises. This chapter discusses the main assumptions, concepts, and methodologies in federalism theories of the EU, and explores how this perspective can shed light on the eurozone crisis and the crisis of democratic backsliding among EU member states.


Author(s):  
Svitlana Motruk Svitlana Motruk

On the basis of a wide range of documents from the European Union and Czech Republic, the article analyses preconditions, main stage and consequences of the integration with the EU, the features of the Czech integration model, its legislative basis and institutional mechanism. The author emphasizes that the transition into a full-fledge EU member in May 2004 was the result of a long, complicated and painful process of the «European Come Back», which started in the early 1990’s and allowed the state’s government to solve a number of problems. In particular, the author argues that the Czech government managed to have improved the macroeconomic situation, to accelerate structural reforms and to adapt the national legislation to the EU legislative system. The Czech experience proves that the EU membership may have both advantages and disadvantages. The article draws special attention to the results and consequences of the Czech EU membership. Numerous facts provided in the paper allow to evaluate the state’s gains from the integration processes and to emphasize the key trends, main challenges and new opportunities for the country. Last but not least, the article studies the causes of multivariance and discrepancy of the European integration prospects, the low level of trust among the Czechs towards the EU, stable strengthening of European skepticism, the factors that had an impact on the results of the last parliamentary and presidential elections of 2017 and 2018 respectively.


2016 ◽  
pp. 122-131
Author(s):  
A. Martynov

The article considers the two vectors of the European integration process: closer integration among the EU member states and regionalization of the EU countries according to the criteria of close neighbourhood or deep cooperation. The author traces  development trends of regional cooperation of the EU member states at different stages of development of international relations i.e. the impact of the EU enlargement on regionalization process, competition and confrontation with Russia, the  complications in the field of European integration due to the negative outcome of the Dutch referendum on  ratification of the Association Agreement between the EU and Ukraine, as well as the British referendum on withdrawal from the EU. It is stressed that  the interregional cooperation  is particularly important at this critical stage  of European integration.


2021 ◽  
Vol 2 (1) ◽  
pp. 53-59
Author(s):  
Serhii Smerichevskyi ◽  
Svitlana Gura

The purpose of the paper is to substantiate the strategic mechanisms for regulating the European integration development of air transport in Ukraine. Methodology. The study is based on the imperatives of European integration development of air transport of Ukraine, defined in the Association Agreement between the European Union and the European Atomic Energy Community and their member states, on the one part, and Ukraine, on the other part. Quantitative research is based on the analysis of the volume and structure of Ukraine’s foreign trade in air transport services, calculation of the export-import coverage ratio, determination of the share of transport and air transport services in aggregate services in total foreign trade, including with the EU. Results of the paper consist in assessing the impact of the external environment on the European integration development of the Ukrainian aviation transport. The conclusion was reached on its turbulence, complexity and contradiction, while the advantageous geographical location and strategic positions of Ukraine in the region were determined as the main favorable factors. The research also singles out the following negative signs of the external environment: declining competitiveness of the Russian-Asian lanes for domestic air carriers, localization of air services in connection with hostilities in the East of Ukraine; restriction of air traffic in the context of preventive measures to combat the spread of coronavirus infection; insufficient material and technical base: lack of funding, outdated technologies, low level of innovation, environmental friendliness, safety, insufficient quality of transport services, limited social benefits; aimed at ratification of the CAA Agreement between Ukraine and the EU, as well as the draft Aviation Transport Strategy of Ukraine. The present research also identified such negative effects of COVID-19 on the development of air transport, as: a significant decrease in air passenger transport services and airlines’ revenues, a decrease in the rating of world aviation, termination and bankruptcy of a number of airlines and airports due to air traffic restrictions. It determined the place of air transport services in the system of foreign economic trade in services with the EU countries, and developed measures to increase them. Practical implications consist in the elaboration of the main strategic guidelines for the development of aviation: introduction of a simplified procedure for implementing the provisions of EU legislation into the legislation of Ukraine; ensuring environmental safety and energy saving of civil aviation facilities; innovative renewal of aircraft fleet and reduction of their harmful impact on the environment through the introduction of the latest technologies; settlement of issues relating to the establishment of airport charges for the servicing of aircraft and passengers at Ukrainian airports; development of airport infrastructure; creation of multimodal cargo complexes; approximation of SAAU and European Commission requirements to certification systems in the areas of primary airworthiness, airworthiness maintenance and maintenance of aircraft and its components; expansion of Ukraine’s voluntary participation in the program of compensation and reduction of carbon dioxide emissions from international aviation within the CORSIA program, introduction of administrative procedures for monitoring emissions by operators of civil aircraft on international flights under the MRV standards. Value/originality. The present research substantiates strategic foundations of the institutional transformations of the development of aviation transport in the context of the European integration choice of Ukraine and the transition to monovectorality, elimination of defects of dependence on the trajectory of the preceding traffic and polyvectorality. It also proposes legal, policy, investment and infrastructure integration mechanisms.


2021 ◽  
pp. 34-41
Author(s):  
Olesya Trahniuk ◽  
Maksym Vytvytsky ◽  
Konstantin Shpak

Problem setting. Since gaining independence, Ukraine has been steadily moving towards integration into European and Euro-Atlantic structures. However, the process of acquiring membership of our state in the European Union is quite long and involves a number of criteria, in particular, in addition to the general ones specified in Art. 49 of the Treaty on European Union of 1993, and additional Copenhagen criteria to be met by the applicant state. European integration processes have a positive impact on the development of Ukraine as a democratic, social, legal state, strengthen its position in the international arena, contribute to economic reforms. Which, in turn, should be demonstrated in practice by bringing Ukraine closer to the requirements set by the EU for states that have expressed a desire to join the union. Recent research on the topic. Various aspects of the issue of European integration were developed primarily by European lawyers and political scientists, among whom the works of K. Baimi, A. Bogdandi, J. Buchanan, M. Burgess, W. Della Sala, A. Dashwood, G. De Burke are of special interest. J. Zimmerman, L. Cartou, N. Catalano, P. King, P. Craig, D. Lassok, S. Leikoff, W. Ostrom, D. Sidzhansky, R. Watts and many other authors. The list of scientific researches is not limited to the works of Western authors, as the integration process is quite dynamic, and therefore scientists are no less interested in the scientific developments of their colleagues from countries seeking to gain EU membership, including Ukrainian lawyers, including I. Bratsuk, O. Golovko-Gavrisheva, V. Kopiyka, T. Komarova, K. Smirnova, L. Luts, M. Mikievich, Z. Makarukha, V. Muravyov, V. Poselsky, R. Petrov, O. Tragnyuk, I. Yakovyuk and others. The purpose of this research is to analyze the current state of the legislative, legal and economic base of Ukraine for compliance with the Copenhagen criteria for accession to the European Union. Article’s main body. The article is devoted to the issue of Ukraine's compliance with each of the Copenhagen criteria. First of all, the authors note that the main purpose of the Copenhagen criteria is to select the most "worthy" applicants for membership in the Union. And compliance with these criteria must indicate the ability of the state to perform the duties of a member state of the Union. In addition, specific examples are given of the requirements that Ukraine has met as of 2021 and that it must meet in the near future. It indicates in which direction Ukraine should move in order to acquire the full status of a member state of the European Union. In conclusion, the opinions of scientists on the prospects of Ukraine's further accession to the European Union are presented. Conclusions and prospects for development. The research shows that Ukraine does not yet fully meet the Copenhagen criteria for accession to the EU, as for a number of objective and subjective reasons there is a lack of stable economic development and a well-established understanding of the direction of the political movement. Despite significant advances, national legislation also needs to be improved. After the entry into force of the Association Agreement between Ukraine and the EU, the development of integration processes has significantly intensified. The implementation of the planned reforms is undoubtedly able to bring our country's accession to the EU closer, which should add optimism and encourage daily work in this direction.


2015 ◽  
Vol 6 (2) ◽  
pp. 309-322 ◽  
Author(s):  
Lucas Bergkamp

Judgment of the Court (Fourth Chamber) of 5 March 2015 In Joined Cases C-503/13 and C-504/13, preliminary ruling in the proceedings Boston ScientificMedizintechnik GmbH v AOK Sachsen-Anhalt — Die Gesundheitskasse (C-503/13), Betriebskrankenkasse RWE (C-504/13)On 5 March 2015, the European Court of Justice issued a preliminary ruling on two issues arising under the EU Product Liability Directive, which imposes objective, no-fault or strict liability, but not absolute liability, for defective products. Despite the wide range of issues arising under this directive, the Court has had only a few occasions to construe its ambiguous terms. This case, however, provided an opportunity to the Court to settle key issues relating to the defect test and the scope of damages compensable under the directive. As in other civil law cases, the question arises whether the Court's light treatment will provide a sound basis for the further development of product liability in Europe. The Court did not answer the questions posed by the referring court, but in some respects went beyond these questions and in other respects avoided the difficult issues raised thereby. As discussed in this note, the Court paints with a broad brush, and the test set forth in its judgment to determine whether a product is defective, may itself be defective.


For countries with a market economy small business is an attractive form of business organization because of its flexibility and mobility, which are so necessary for the Ukrainian economy. The purpose of the article is to analyze the experience of legal regulation and state support of small business in Poland and Ukraine and to determine its relevant directions for implementation in Ukraine. In Poland the approach of strategic building of state regulation of business within the framework of legal strategies for 3-4 years has proved its efficacy. Such principles of polish “New Constitution for Business 2017”, as the principle of proportionality of punishment for the violation; the principle of acquiescence; direct liability of civil servants for violation of the law, are innovative for Ukraine. The obvious disadvantage of the Ukrainian small business support system is the predominance of financial instruments, while the regional and local mechanisms for its implementation are under-developed. Ukraine's successes in the legal state regulation of small business in the field of administration are important. The legal foundations for expanding access to public procurement in Ukraine have proved their effectiveness. European small business support tools, that are effective in Poland can and should be used in Ukraine. Close attention to the problem of insolvency is needed in Ukraine. A thorough study of the institutional development of small business support in Poland is relevant. Important for the Ukrainian economy, the direction of foreign trade development is still in its infancy. The EU-Ukraine Association Agreement has already lifted most trade restrictions on the EU export market for Ukrainian exporters, but this is only a search for ways to reach the world market.


2019 ◽  
Vol 7 (4) ◽  
pp. 52-62
Author(s):  
І. М. Квеліашвілі

The processes of changing the world's space, turning it into a single zone, the unimpeded movement of goods, services, information, capital are aspects of the globalization of world economies. In this space, ideas that contribute to the development of relevant institutional formations and form their communicative connections are more freely distributed. Ukraine is on the way to solving the European integration tasks defined in the Association Agreement with the EU, the implementation of customs legislation, the purpose of which is not only the establishment and existence of a free trade zone, but also a more in-depth integration. The purpose of the article is to review possible scenarios concerning the conditions of movement of goods across the customs border, in the event of a final decision on the withdrawal of Great Britain from the EU Customs Unio  Today, it has already been recognized that the integration persistence of the EU Customs Union was threatened by the name Brexit. This phenomenon, as a challenge to integration in a globalized world, gives impetus to a moderate choice of concept and form of integration for the future perspective of economic development of the member countries and candidate -countries for membership in the Community. The European integration policy of Ukraine's economic policy, along with urgent issues requiring a priority solution and fulfillment of obligations, should also be considered under the criterion of probable risks and threats to national interests. The article gives moderate arguments from UK analysts regarding the UK's exit from the EU, the urgent issues regarding the varied prospects of customs relations between the European Union and the UK, as well as the EU Customs Union. Influence of possible scenarios of "soft Brexit", "hard Brexit" on foreign economic activity of the country and its activity.


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