Gender Impact of Interregional Trade

After two decades of negotiations, the European Union (EU) and Mercosur celebrated a new Association Agreement in 2019. Structured around three pillars (political dialogue, cooperation, and trade), the deal is still pending ratification but has raised strong criticism. Most concerns address the effect of trade liberalization on social and environmental agendas. This article contributes to this debate, conducting qualitative analysis on the agreement's potential impact on gender equality in the EU and Mercosur. Departing from the feminist scholarship assumption that trade has an unavoidable effect on gender, this article argues that interregional trade agreements can be a helpful policy instrument to promote gender equality. Nevertheless, this research demonstrates that, so far, the EU-Mercosur Association Agreement has neglected this opportunity. The provisional text does not reflect a gender mainstreaming approach, lacking the appropriate mechanisms to manage its effects on women. As a result, the new interregional trade liberalization instrument risks widening gender inequality in both regions. Nevertheless, this research demonstrates that, so far, the EU-Mercosur Association Agreement has neglected this opportunity. The provisional text does not reflect a gender mainstreaming approach, lacking the appropriate mechanisms to manage its effects on women. As a result, the new interregional trade liberalization instrument risks widening gender inequality in both regions.

On some theoretical issues of classification of payment systems

Problem setting. The author’s vision of ways to solve the problem of classification of payment systems in the new political and socio-economic conditions is presented in the article. The need to rethink the concept of “payment system” in connection with changes in current legislation of Ukraine, which in this context makes the category of “payment transactions” instead of “transfer of funds”, as before. It is emphasized that such an innovation expands the concept of “payment system” in a broader sense, which requires additional scientific research. Analysis of recent researches and publications. The question of the classification of payment systems has been repeatedly addressed by both domestic and foreign scientists and practical workers. For domestic science and practice, there is a need for critical understanding of existing views on the classification of payment systems, which is caused by the processes of adaptation of national legislation to the EU acquis in accordance with the provisions of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other hand [9], in particular, in connection with the adoption of the Law of Ukraine “On Payment Services” dated June 30, 2021 № 1591-IX [10]. Such changes in the current legislation of Ukraine have not yet been properly reflected in publications on financial and legal topics and lead to further scientific searches in this area. Target of research is to update existing approaches to the classification of payment systems to improve the legal regulation of financial relations in new economic and socio-political conditions. Article’s main body. The understanding of the term “classification” is clarified, because in the practice of research in general theory of law and branch of legal sciences, it is often used without indicating its clear meaningful understanding or such a view may have significant differences. It is noted that although for legal science classification is a traditional and widely used method of scientific research, at the same time, there is a need for a clearer idea of such a means of scientific knowledge and overcoming terminological inconsistencies. Attention is drawn to the need to compare the concept of “classification” with such related categories as typology, systematization, modeling, clustering, cataloging, periodization, etc. Conclusions and prospects for the development. The view is maintained that to classify means to divide objects, phenomena or concepts into classes, groups, etc. according to common features, properties, criteria. It is emphasized that most of the criteria for the classification of payment systems are conditionally legal and reflect their respective organizational, functional or technical and technological features. In this context, the opinion is expressed that the legal criteria for classification should be considered only those that directly have the appropriate legal significance, determine the content in the areas of legal regulation of the organization and functioning of payment systems. It is proposed to distinguish between regulated and unregulated payment systems on such a legal basis as state legitimacy.

Legal significance of the decisions of the court of the European Union concerning the application of commonwealth energy legislation in the energy sphere by other states-participants and issue on the use of such decisions by the courts of Ukraine in the resolution of relevant disputes

Problem setting. The Court of the European Union is a central term, which characterizes the entire court system of the European Union, which, without a doubt, includes three lanes: the Court of Justice, the Zagalny Court and special judges. Such an institute is aimed at accepting new acts of legal form and legal significance, and the very decision, the decision of the institution. The acceptance of such acts is a manifestation of the implementation of the judicial competence of the named institution, however, the link with the system is determined by the following: which may be the reason for the nature of precedent practice; both the established stench for the use of the Court itself by the Court of Justice itself, as well as by the other institutions, which have been approved by Article 13 of the Treaty on the European Union; what is the decision of the Court EU norms of law EU. Analysis of the meaningful nutrition is the subject of a complete dosage. Analysis of recent researches and publications. The legal meaning of the decision to the Court of the European Union and the possibility of implementing such decisions before the legislation of Ukraine. Target of research is to examine the status of decisions of the Court of Justice of the European Union as a precedent. Article’s main body. The research is devoted to the analysis of the legal significance of the decisions of the Court of Justice of the European Union on the application of acts of the legislation of the Energy Community in the field of energy by the courts of Ukraine in resolving relevant disputes. It is noted that the Court of Justice of the EU is a judicial institution of another legal order, an international organization – the European Union, whose practice is fundamental to the development of the rule of law in the European Union. However, it is stated that the national courts of the EU member states are tasked with the daily application of EU law in accordance with the principles of supremacy, direct action and responsibility of member states for compliance with EU law. It is established that the legal basis for the functioning of the electricity market is the Constitution of Ukraine, special laws, international treaties of Ukraine, approved by the Verkhovna Rada of Ukraine, and other legislation of Ukraine, according to which the subjects of power and courts In applying the provisions of this Law, the law enforcement practice of the Energy Community and the European Union shall be taken into account, in particular decisions of the Court of Justice of the European Union (European Court of Justice, General Court), the European Commission and the Energy Community Secretariat. Conclusions and prospects for the development. A systematic analysis of the norms of national and international law allows us to conclude that the provisions of the Association Agreement between Ukraine and the EU are part of the national legislation of Ukraine, its provisions are mandatory and binding throughout Ukraine. Therefore, the case law of the Court of Justice of the European Union is applicable to the courts of Ukraine in resolving disputes concerning the application of energy legislation in the field of energy by other member states in full in the same manner as for the application of European Court of Human Rights.

Resilience in the Context of the Implementation of the EU-Ukraine Association Agreement

This article examines the extent of the practice of resilience in the process of the implementation of the EU-Ukraine Association Agreement (AA). Also, it analyses the main legislative and institutional tools promoting resilience of Ukraine’s market integration with the EU. Two cases are considered in this study. The first case is the launch of negotiations on the EU-Ukraine Agreement on Conformity and Acceptance of Industrial Products (ACAA). The second case is an EU-Ukraine Trade Dispute on Export Woods Ban. In both cases the EU institutions and Ukraine display a high degree of flexibility to pursue a policy of resilience to achieve a high degree of EU Internal Market rapprochement. In the case of Ukraine, the institutional mechanism of the EU-Ukraine AA remains unused as a forum to discuss effectively and to find solutions for impeding problems in the bilateral cooperation agenda. Therefore, a coherent, transparent, and effective institutional cooperation framework in the bilateral EU-Ukraine relations is still needed.

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

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.

European’s Union Open Science Policy as a global benchmark for Ukraine: legal environment

Keywords: Open Science, EOSC, intellectual property, scientific researches, COVID-19 pandemic, UA-EU Association, Digital Europe The article provides an analysis of the EU practices inthe field of development and implementation on the Open Science Policy, elaboration ofthe European Open Science Cloud (EOSC), employment of the FAIR principles and theirenhancement with CARE-principles. The European Commission activities are reviewedin the area of the Open Science roll-out as well as its ability to withstand the emergingglobal challenges like COVID-19. The EOSC concept is overviewed on the backdrop ofsuch EU policies as unified Digital Market Strategy and European Cloud Initiative, EuropeanResearch Environment, and Industrial Digitalization, as a part of those. EOSCconcept integration is considered through the development and interaction of Europeanand national research and e-infrastructures and data arrays, services and knowledgewithin the EU and globally.Steps are analyzed taken by Ukraine towards its integration to European researchenvironment and EOSC in the legal field, taking into account the State Authorities activityand implementation of the Ukraine-EU Association Agreement. It is highlighted thatthe innovations’ development of Ukraine is bound, both in timelines and meaningfully,with digital economics and the society development, intellectual property area, and should align the Ukrainian science initiatives with the European Cloud initiative as wellas further steps to joint the EOSC. It is consequently proven that consistent and meaningfulimplementation of the UA-EU Association commitments via the conceptual andstrategic regulations adopted by the state authorities is essential for Ukraine integrationto the EU’s Digital Market and Digital Environment so that to enhance its science potential.It is concluded that consistent efforts on implementing the goals and objectives asfor regulatory environment with their consequent enforcement creates the vital groundsfor successful enrollment of the national policy in this area.

Updating legislation in the field of intellectual property in the conditions of recodification: directions, problems, prospects

Keywords: systematization; recodification; legislation; intellectual property; collision;protection of rights; the results of intellectual, creative activity Implementation ofan innovative model in Ukraine is not possible without the creation of a modern systemof regulatory relations in the field of protection of intellectual property that would ensureprotection of human subjects of creative work (authors, artists, and inventors), guaranteeingobservance of their rights, and protection against possible violations.The first steps in improving a legal mechanism for the use of results of intellectualand creative activities are laid in adopted in 2003 by the Civil Code of Ukraine, which notonly greatly expanded the scope of intellectual property rights, but also significantly enrichedits substance. In the Civil Code of Ukraine relations in the field of intellectualproperty were first fixed in a separate structural part (book 4 «Intellectual PropertyRights»), which indicates their importance to private law.Further improvement of the normative array in the field of protection of the results ofcreative activity should provide for the specification of the provisions of the Civil Code ofUkraine at the level of laws and by-laws, aimed at the formation of reliable legal mechanismsfor the implementation and protection of intellectual property rights. However,only now changes have been made to special laws in the field of intellectual property. In2014, Ukraine signed an Association Agreement with the EU. It became necessary tobring the existing regulatory material not only to the Civil Code of Ukraine, but also tocomply with the approaches defined in the provisions of the Association Agreement,Chapter 9 of which contains the requirements and standards for the protection of intellectualproperty rights.The article examines the problems of updating and systematizing the legislation ofUkraine in the field of legal protection of the results of intellectual, creative activity,analyses the collisions and shortcomings of certain norms governing relations in the fieldof intellectual activity. The legal basis for the regulation of the protection of differenttypes of intellectual property objects is investigated, the ways of their improvement aredetailed, the steps taken in this direction in Ukraine are described. Within the frameworkof the research subject, the shortcomings of special legislation, as well as the normsof the Civil Code of Ukraine, contradictions between various legislative acts in the field ofintellectual property are noted and ways of their resolution are proposed.

Legal and educational areas of improving civil service management systems in Ukraine and Poland

The objective of the research was to structure conceptual approaches for the establishment, development and improvement of the formation and functioning of (civil) public management systems in Ukraine and the Republic of Poland, as well as the identification of ways and methods to improve national mechanisms for the implementation of the state personnel policy, based on the modern positive Polish experience. The positive experience of modelling an effective public (civilian) service management system in Poland that can be used in Ukraine to solve its problems has been systematized. Materials and methods were used from the analysis of documentary sources. The basis was the dialectical method of knowledge of the facts of social reality, on which formal and comparative legal approaches are largely based. Conclusions indicate that ways and directions for further reform of the management system in the field of public service in Ukraine, include the further integration of the national public service model, and management mechanisms in this area to the standards of the single administrative area within the framework of the Association Agreement between Ukraine and the European Union.

Lack of reform will impede Kosovo’s EU bid

Significance The EU and Kosovo signed a Stabilisation and Association Agreement (SAA) in 2015 but Kosovo has not taken the next step, of applying for membership, out of a well-founded fear of rejection. However, February's election has changed its calculations. Impacts To support its application, Prishtina could accelerate efforts in the next few months to meet various benchmarks for reform set by Brussels. A failed application would strengthen Serbia’s position in the status debate by denying Kosovo a chance to consolidate its independence. Kosovo’s low standard of living and high unemployment will continue to push migration to the EU.

EUROPEAN INTEGRATION: ADVANTAGES AND THREATS TO UKRAINE’S FOREIGN TRADE

Background. In terms of unfavorable external conditions and a significant deterioration of the socio-economic situation, the Ukrainian market has stagnated. Russia’s actions, including its unilateral suspension of the Free Trade Agreement, have led to a reduction in Ukraine's bilateral foreign trade operations. The processes of globalization and integration issue new challenges to the economy of any country, in particular, the questions of evaluation and stimulation of foreign trade of enterprises emerge in the conditions of constant transformation. Therefore, the aim of this study is to identifytrends and features of Ukraine’s foreign trade in the context of globalization and integration. Materials and methods. The article is based on a synthesis of research results of domestic and foreign scientists to determine the main influencing factors of cooperation with the EU on the state of development of Ukraine’s foreign trade. Research on this issue was conducted using the methods of theoretical generalization, analysis and synthesis. Results. Ukraine’s position in world trade is determined by the main factors: the dynamics of GDP, rating and index of economic freedom. The peculiarities of Ukraine's foreign trade over the last decade have been studied, the main partner countries; the main challenges that arise in our foreign trade as a result of European integration processes have been identified. It is proved that in the analysis of GDP it is expedient to use the indicator of GDP calculated on purchasing power parity. It is established that in the conditions of the world crisis, the war in the east caused the greatest damage to the economy of Ukraine. It was clarified that Ukraine needs to expand the geography of foreign trade relations, at the same time there is a significant unrealized potential for the development of bilateral relations with EU countries. Conclusion. Ukraine must follow the chosen course of European integration, but at the same must also develop other partnerships with countries on other continents. Unfortunately, Ukraine exports more raw materials and goods with low added value. Therefore, there is a need: to change the content of exports, to introduce tax and customs instruments to support exports, to amend the Association Agreement in terms of international trade. The structure of foreign trade does not stimulate Ukraine's economy to innovative development, so there is an urgent need for domestic policy reforms and changes in external priorities.