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Abstract. Improvement of the legislative regulation of the market of automobile and urban electric transport services in Ukraine is covered by the obligations in the field of European integration, in particular, the provisions of Article 368 of Chapter 7 «Transport» Section V «Economic and Sectoral Cooperation» of the Association Agreement, according to which cooperation between Ukraine and the EU is aimed at improving the movement of passengers and goods, increasing the fluidity of traffic flows between Ukraine, the EU and third countries in the region by eliminating administrative, technical, border and other obstacles, and improving security.
This analytical note was prepared to compare the provisions of the draft laws for their compliance with Regulation (EC) 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70, and to provide proposals on the further improvement of legislation in the relevant field.
Key words: European integration, Agreement of Association, Regulation (EC) 1370/2007 EC, transport services, urban electric transport, road transport.
05/2023
Abstract. In order to solve socio-economic problems in the field of hired labor, the international community has developed an effective form of interaction between employees and employers and their organizations, namely social dialogue. As an improved model of social partnership, social dialogue includes measures to prevent and avert social conflicts in its mechanism. In most European countries, social dialogue has become an alternative to confrontation, which periodically arises in relation to various issues of social and economic development. The research of the experience of effective models of social dialogue and the organizational and legal basis of the activities of the parties to this process is of great interest for Ukraine in light of its chosen course for European integration. Among other things, it is advisable to use the potential possibilities of social dialogue mechanisms in solving the socio-economic problems of our country caused by external military aggression.
Key words: social dialogue, acts of social dialogue, right to association, trade unions, employers’ organizations, collective agreements.
05/2023
Abstract. The comparative analysis and generalization of the legislation of foreign countries on the peculiarities of the establishment and activity of independent fiscal institutions, parliamentary budget offices, and other similar institutions (establishments) in developed countries within the framework of the issues raised in the reqwest was conducted according to the following directions: legal basis for the activity of independent fiscal institutions, parliamentary budget offices, and other similar institutions (establishments); their models and structure; the scope of powers of the institutions; number of employees, sources and amounts of financing of institutions (establishments).
Legislation of the USA, the UK, Canada, Italy, Australia, Ireland, France, and Portugal was analysed in the note.
Key words: independent fiscal institution, parliamentary budget office, fiscal policy, budget policy.
05/2023
Abstract. The analytical note provides a comparative analysis of the criminal procedure legislation of Ukraine, nine European countries and two post-Soviet countries with regard to the appointment of a new trial in the court of first instance. It gives the reasons for the appellate court (court of appeal) to set aside a first instance court's judgment as well as provides analysis of the grounds that fall under the category of «significant non-compliance with the requirements of the criminal procedure». Also, it has been found out the common and distinctive features of the provisions of the Criminal Procedural Code of Ukraine and criminal procedural laws of Germany, Bulgaria, Serbia, Slovakia, Croatia, Czech Republic, Poland, Estonia, Latvia, Moldova and Georgia. The Annex 1 provides a comparative table on the basics for the appellate court to set aside the judgement of the court of first instance and to remand the case (criminal proceedings) for a retrial / new trial to the court of first instance – in terms of the grounds stipulated by Article 415 of the CPC of Ukraine.
Key words: criminal proceedings, court of first instance, appellate instance, court judgement, setting aside the judgement, significant non-compliance with the requirements of the criminal procedure, retrial / new trial, foreign experience.
05/2023
Key words: the Code of Ukraine on Administrative Offenses, non-compliance with the rules regarding the safety of vehicle exploitation, incompliance with technical requirements, technical malfunction, road safety, fine.
05/2023
Abstract. Shaping a reliable and effective legal framework that would not hinder innovation and quick access of consumers to innovative devices and at the same time guarantee the safety of these devices and their benefits for patients, users or third parties at an equally high level is an important element of the legislative regulation of the procedure for admission of medical devices to the market and implementation of control over their circulation. Analysis of EU legislation in terms of regulations aimed at ensuring the safety and effectiveness of medical devices and facilitating patient access to them, as well as the experience of EU member states which have established control over safety, quality, use, introduction into market, supply, compliance assessment, clinical trials and studies of the effectiveness of medical devices in accordance with the legislation are of significant interest to Ukraine. The analysis covered Ukrainian legislation in the field of medical devices circulation, in particular, state guarantees in the field of healthcare and ensuring high level safety for medical devices consumers, as well as the legislation of the European Union, Austria, Estonia, Latvia, Lithuania, Germany, Poland and Czech Republic.
Key words: medical devices, circulation of medical devices, ensuring the safety of consumers of medical devices, Regulation (EU) 2017/745, EUDAMED database of the European Union on medical devices.
05/2023
Abstract. Models of legal regulation of professional self-governance in the field of healthcare in Canada, Latvia, Poland and the USA have been studied. Attention was focused on the activities of professional self-governance institutions of doctors and other specialists in the field of healthcare. Problematic issues related to introduction of professional medical self-governance in the aforementioned countries have been analyzed. The research highlights the recommendations of scholars and specialists in the field of healthcare, including those of foreign countries.
Key words: healthcare, professional self-governance in the field of healthcare, medical professions, professional responsibility.
05/2023
Abstract. The analytical note describes the experience of foreign countries that have defined the requirements for the circulation of dietary supplements (labeling, procedure of introduction into market, import and export, types of violations in this area) in their laws and regulations. Particular attention was paid to the efforts of the member states of the European Union to find a universal approach to regulating circulation of dietary supplements, which contain active pharmaceutical ingredients.
Key words: dietary supplement, medicinal plant, labeling, circulation, health care, consumer.
05/2023
Key words: pregnancy, childbirth, leave due to pregnancy and childbirth, postponement of leave.
05/2023
Abstract. Ensuring the transition of servicepersons from military service to civilian life is one of the main tasks of the state veteran policy. Evolution of public perception of the importance of military service as a type of professional activity in the modern world resulted in improvement of legislation on social rights of military personnel and extension of such rights to discharged military personnel. As Ukraine, is suffering from the military aggression of the Russian Federation, foreign experience of implementing social programs for veterans and their family members, as well as the peculiarities of legislative regulation of respective social support measures, are the subject to special attention. Practice and legislation of states that participated in military conflicts or on whose territories military conflicts took place (the USA, Israel, Great Britain, South Korea, and Japan) are of particular interest.
Key words: social support programs for military personnel, state support for veterans, social protection of veterans, medical protection of veterans, employment of military personnel, housing, housing benefits for veterans.
05/2023