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Abstract. The article presents the analysis results of the legislative acts of the European Union and Ukraine on the regulation of digital services. Attention is focused on provisions contained in special laws adopted both in the EU and in Ukraine. The trends in the development of legislative support for the segment of digital services are illustrated through the prism of the EU's comprehensive policy in the direction of building the EU's Single Digital Market, as well as the peculiarities of the implementation of the EU acquis into national legislation in individual member states.
Key words: digitalization, EU Digital Single Market, EU DSM, online platform, online environment, digital services market, digital transformation, digital service.
05/2024
Abstract. In this analytical note, the European Union legislation (EU acquis) on the implementation of the provisions of the Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004, and the need for initial, detailed and repeated inspections of foreign ships (port state control) and Ukrainian ships (flag state control) and provision of ports with reception facilities for receiving water ballast and sediments, as well as notification of port administrations about the measures taken to control ships is analysed. Experience of France, Portugal, Spain, Italy, Finland was considered
Key words: water ballast; ship ballast water and sludge; ship; port; water and sludge treatment; Convention for the Control and Management of Ships' Ballast Water and Sludge, 2004.
05/2024
Abstract. In the analytical note, the legal analysis of the regulation of the legal status of seafarers is carried out in the context of the experience of the member States of the International Labour Organization, which is a specialised agency of the United Nations, regarding the implementation of the provisions of the relevant conventions into national legislation in the part of
- ensuring the entry of seafarers into the territory of the International Labour Organization member states and requirements for issuing a seafarer's identity document - in accordance with Convention No. 185 on Seafarers' Identity Documents (Revised), 2003, which revises the Seafarers' Identity Convention;
- the mechanisms of social protection, creation of fair employment conditions for seafarers, ensuring their rights to decent working and living conditions on board the ship, and medical care in accordance with the Maritime Labour Convention, 2006 (as amended). Experience of Philippines, France, Indonesia, Nigeria, Tanzania, United States of America, United Kingdom, Germany, Finland, Lithuania, Malta, Vietnam, Bulgaria, Liberia, Spain, Antigua and Barbuda, Singapore, Switzerland, Algeria, Egypt, Brazil, Malta, China, Australia, Marshall Islands, Côte d'Ivoire, Tunisia, Croatia, Panama was analyzed.
Key words: legal status of a seafarer; issuance of a seafarer's identity document; improvement of social protection; International Labour Organization; Seafarers' Identity (Revised) Convention, 2003; Maritime Labour Convention, 2006; Merchant Shipping Code of Ukraine.
04/2024
Abstract. Results of the research on the differences between the nature conservation sites “reserve” and “areas of special conservation value of the Emerald Network, which is being created in accordance with Article 4 of the Berne Convention” have been presented in the analytical note. For this purpose, the legislation of foreign countries which have joined the Bern Convention and have sites included in the Emerald Network and/or the Natura 2000 network on its territory has been researched.
Key words: nature conservation sites, habitat preservation, ecological network, protected areas, national ecological network.
04/2024
Abstract. The analytical note examines the experience of legal regulation of housing rental, construction of housing intended for rent and with the right to purchase it on the example of Germany, France, Austria, Poland, Sweden, the United Kingdom, and the United States.
Key words: state housing policy; housing stock; rental housing; construction of housing intended for rent; rental housing with the right to purchase it; social housing.
04/2024
Abstract. The analytical note examines the legislation of Ukraine and foreign countries (the United States of America, the United Kingdom, France, Germany, Austria, Poland, Lithuania, Estonia, Latvia, Finland, Sweden) in the field of burial and funeral services.
The materials of the analytical report of the Ministry of Communities, Territories and Infrastructure Development of Ukraine on the state of the burial industry in Ukraine in 2022 were summarized.
Key words: burial; types of burial; cremation; burial of an urn with ashes; funeral business; funeral services; organization of cemeteries.
03/2024
Abstract. The analytical note examined the foreign experience of legislative support for communication between a child and a father or mother who live separately. In this context, the following issues were analysed: availability of legislative and administrative mechanisms for enforcement of a court decision in cases of child custody and guardianship; pre-trial procedure for ensuring communication between a child and a father or mother who live separately; involvement of guardianship and custody authorities and psychologists at the stage of enforcement of a court decision; strategy for enforcement of court decisions on contact between one of the parents and a child; measures to support a child who shows signs of alienation of one of the parents; liability of a person who evades enforcement of a decision of a guardianship authority and other related issues. In particular, the legislation of such countries as: Austria, Germany, France, Poland, Lithuania, the USA, etc. A summary of foreign experience is provided in the Annex 1.
Key words: ensuring the interests of the child; the right of parents and child to communicate; the right of the parent who lives separately from the child to communicate with the child in person; enforcement of the decision to establish a meeting with the child.
03/2024
Abstract. The analytical note examines the experience of foreign countries in the legal regulation of the creation and functioning of information and communication systems in the field of urban development (including spatial planning), keeping records of postal addresses, buildings and structures (including 3D models), underground facilities, as well as accounting and display of engineering networks. The legal framework for the development of infrastructure (systems) of geospatial data in Croatia, the Netherlands, Lithuania, Estonia, Spain, Sweden, Finland, and Canada is considered.
Key words: information and communication systems, urban planning, geospatial data, geoportal, underground objects, 3D models of buildings and structures, engineering networks.
02/2024
Abstract. The analytical note contains the results of a comparative study of the legislation of Israel, USA, Spain, and the Great Britain on the use of assisted reproductive technologies, in particular, the posthumous use of cryopreserved gametes and embryos for reproductive purposes. Conceptual approaches to the legislative regulation of relations that arise in connection with the posthumous use of reproductive material for the birth of a child are analyzed. Attention is focused on the problems of legislative regulation of measures to ensure the right to genetic paternity/motherhood and ensuring the rights of a born child. The main legal issues related to posthumous reproduction are summarized.
Key words: assisted reproductive technologies, reproductive rights, posthumous use of reproductive material, parental project, informed written consent.
02/2024
Abstract. In the legal acts of the European Union on water quality, in particular, the importance of ensuring the quality of drinking water, its level, ways to improve it, etc policy is examined. It is outlined the main provisions of Directive (EU) 2020/2184 of the European Parliament and of the Council of December 16, 2020 on the quality of water intended for human consumption, which regulates the quality of water intended for human consumption in the EU and is the main EU legal act on drinking water. The direction of the EU water policy as reducing the level of pollution of the wastewater system to zero is considered. The main provisions of the Council Directive of May 21, 1991 on the treatment of urban wastewater (91/271/EEC), which is proposed to be revised at the present stage, adapting it to the latest standards is analyzed. As part of the characterization of the EU water policy, the Water Framework Directive, which is additionally regulated by other EU acts, is described. Attention is paid to the European Commission's Green Deal political initiative - the European Green Deal. The experience of EU Member States in implementing the EU water policy, in particular Germany, Sweden, Italy, Poland, Romania, France and Lithuania, is analyzed.
Key words: quality of drinking water, Water Framework Directive, wastewater, municipal wastewater treatment, EU water policy, Green Deal, European Green Deal.
02/2024