Analytical notes


02 November 2023
15:52

Abstract. In the analytical note, the peculiarities of legislative regulation of the use of light personal electric vehicles and low-speed light electric vehicles were carried out in European countries and other countries of the world. The following aspects are considered: participation of these vehicles in road traffic in settlements, including traffic on sidewalks or bicycle and pedestrian paths, roadways; restrictions on their gross weight and speed; basic requirements for users of these vehicles, including age restrictions, mandatory use of helmets, obtaining a driver's license to drive these vehicles, etc.

The subject of the analysis was the legislation of such countries as Germany, Poland, Great Britain, Lithuania, USA, Japan.

Key words: electric vehicle, light personal electric vehicle, low-speed light electric vehicle, electric scooter, electric motor, road traffic, speed, European and world countries.

Link_ua

10/2023

02 November 2023
15:51

Abstract. The analysis results of the state policy and legislation of certain states of Eastern and Central Europe, primarily EU member states, on legal regulation of planning and organization of pharmacy segment of pharmaceutical infrastructure are presented. In particular, a detailed review of normatively regulated principles and approaches used in planning and creating a network of pharmacy establishments was conducted. Attention is focused on proven procedures, mechanisms and tools of legal regulations for determining planning criteria for the infrastructural component of retail trade of medicines in such countries as: Austria, Bulgaria, Estonia, Latvia, Moldova, Poland, Slovenia.

Key words: pharmacy, pharmacy facility, pharmaceutical infrastructure facility, pharmacy infrastructure planning.

Link_ua

10/2023

16 October 2023
15:48

Abstract. The analytical note examines the practice of legal regulation about exceeding the speed limit and the permissible noise level during the operation of vehicles, as well as the use of electric vehicles on the roads in the European countries. In the context of the issues the following aspects are researched: responsibility for exceeding the speed limit and the permissible noise level while driving and operating vehicles; limit of the maximum permissible speed and the "step" of exceeding it; mechanisms for measuring the permissible noise level and liability for exceeding it; "average speed", peculiarities of its establishment, calculation, etc.; legal regulation of driving and operation of electric scooters and other electric vehicles (gyroboards, monowheels, sigways, etc.). These and some other issues are analysed on the basis of the legislation of such countries as Germany, Poland, France, Italy, the Netherlands, the United Kingdom, Lithuania, and Latvia.

Key words: vehicles, electric vehicles, speed, noise, responsibility.

Link_ua

09/2023

16 October 2023
15:47

Abstract. The analytical note contains the results of a comparative study of the legislation of Ukraine and foreign countries on surrogate motherhood. Conceptual approaches to principles of legislative regulation of relations related to the use of reproductive technologies, in particular, surrogate motherhood, are analyzed. The main problems of legal support for the process of surrogate motherhood in Ukraine and in foreign countries are studied (on the example of legislation of the state of Washington (USA)). Attention is paid to the peculiarities of contractual relations in this area and directions for improvement of legislative regulation.

Key words: surrogate motherhood, assisted reproductive technologies, ART, in vitro fertilization, infertile couples, commercial surrogate motherhood, altruistic surrogate motherhood, surrogate mother.

Link_ua

09/2023

25 September 2023
15:45

Abstract. A comparative analysis of the legislation of European Union, individual EU member states and other states on cyber security issues was carried out. On this basis, common and different approaches to determining legal status of cyber security entities in specific states are characterized, procedures and means of protection of state electronic information resources from modern cyber threats are analyzed, specific features of cyber security provision of the highest spheres of public life are unraveled.

The legal regulation specifics of public relations in field of cyber security at the EU legislation level have been studied. In this context, the mechanism of the formation of EU authorities in field of cyber security and national bodies of EU member states is characterized, the peculiarity of formation and structure of national strategies for ensuring cyber security is determined. Along with this, it was analyzed from the standpoint of the legislative mechanism for ensuring the cyber resilience of the EU information infrastructure based on the European system of cyber risk certification, standardization and technical specification of IT products, services and processes in the information sphere.

Key words: European Union Agency for Cyber Security, state electronic information resources, cyber security, cyber threat, cyber incident, ISO international standards.

Link_ua

08/2023

11 September 2023
15:44

Abstract. The analysis results of state policy, program documents, regulatory acts of individual foreign states on creation and operation of state bodies and other institutions in field of artificial intelligence are presented. In particular, a review of the legal regulation of functions of the specified bodies and their interaction was carried out. Attention is focused on the updated legislative and organizational tools to ensure the institutional capacity of state bodies and institutions during their performance of scientific, research, advisory, coordination, regulatory, control, and supervisory functions in field of artificial intelligence, such as: Great Britain, Canada, United Arab Emirates, Republic of Korea, United States of America.

Key words: high technology, robotic equipment, digital technology, artificial intelligence.

Link_ua

08/2023

07 September 2023
15:43

Abstract. The principles of legislative regulation of the creation and functioning of state and local funds in the field of environmental protection in Ukraine and some EU member states were analyzed.

Key words: environmental protection funds, environmental tax, state and local funds, environmental protection.

Link_ua

08/2023

01 September 2023
15:42

Abstract. The analysis results of provisions of the draft law "On Amendments to Certain Legislative Acts of Ukraine on the Improvement of Certain Provisions of Legislation in Field of Electronic Communications" (Reg. № 9463 dated 06.07.2023) for compliance with EU legislation are presented. The EU regulatory acts related to the issues of: improving the activities of national regulatory bodies and suppliers in field of electronic communications and radio frequency spectrum were analyzed; development of an open, non-discriminatory and competitive infrastructure for access to the Internet and related services within the framework of the creation of a single EU digital market based on high-speed Internet and compatible programs was analyzed. Attention was paid to certain aspects of provisions’ consistency of the draft law with the norms of national legislation.

Key words: single digital market, electronic communications, electronic communication service, national roaming, radio frequency spectrum, traffic.

Link_ua

08/2023

14 August 2023
15:41

Abstract. It focuses on the following issues: legislative prohibitions on the sale of alcoholic beverages, tobacco products, herbal products and smoking liquids via the Internet; liability for the sale of such beverages and products to minors; liability of postal service providers for delivery of alcoholic beverages, tobacco products, herbal products and smoking liquids to minors.

It provides analyses the legislation of: Austria, Germany, Poland, France, Italy, the Netherlands, the United Kingdom, Lithuania, Latvia, and Estonia. Also, Analytical Note has been performed on the age at which a person is considered a minor in European countries and on the possibility of selling alcoholic beverages and tobacco products via the Internet; as well as on liability for selling alcoholic beverages and tobacco products to minors.

Key words: alcoholic beverages, tobacco products, minors, online sales, responsibility, European experience.

Link_ua

07/2023

14 August 2023
15:40

Abstract. The legal regulation of activities related to the organization and conduct of casino gambling on the Internet (online casino) in the practice of such foreign countries as the USA, Great Britain, China (Macao), Monaco, Germany, and Singapore were analyzed. It was analyzed in which states online casinos are prohibited and licenses for this type of gambling are not issued. The provisions of legislative acts regarding the general principles of control and supervision of the activities of organizers of gambling games have been disclosed. Information is given on the technical requirements and standards for hardware and software used to run an online casino. Tax rates applicable to gambling organizers are outlined, as well as the issue of taxation of winnings.

Key words: casino on the Internet; online casino; gambling; certification of gaming equipment; taxation in the field of gambling.

Link_ua

07/2023