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Key words: Specialized Anti-Corruption Prosecutor's Office, anti-corruption agencies, pre-trial investigation, prosecutor.
02/2023
Abstract. A comparative analysis and generalization of the legislation of foreign countries on combating bullying and mobbing was carried out in the following areas:
- the model of legal regulation of bullying and mobbing;
- types of legal liability and sanctions (measures of influence) applied for acts related to bullying and mobbing;
- measures to prevent, respond to and counteract bullying and mobbing.
Legislation of the USA, Canada, France, Germany, Sweden, Norway, Poland, Estonia, Great Britain, the Netherlands, and Spain was analyzed. It was established that the model of legal regulation of bullying and mobbing provides for the determination of preventive and sanctioning provisions in legislation for actions related to persecution the victims in legal relations in the fields of education and labor. It was noted that there are no unified approaches to the definition of the terms "bullying" and "mobbing" in the legislation of foreign states, and legal liability for such actions, as a rule, is disciplinary, material, civil and criminal.
Key words: bullying, mobbing, persecution, victim, offender.
02/2023
Abstract. Legal regulation and operating of the nuclear regulators in the EU member-states (France, Poland), Great Britain, and the USA were studied, in particular, the nuclear regulators’ legal status, powers, guarantess of independence, appointment of management staff (commissioners), decision-making process, functions of the mashinery of state regulation of nuclear safety. Foreign legislation on nuclear safety, and requirements for the nuclear regulators were analyzed.
Key words: nuclear safety; nuclear regulator; reactor; commission; a collective governing body.
02/2023
Abstract. Implementation of systems and guarantees of origin of energy resources in the EU member states and the experience of their functioning was studied in the analytical note. The practice of providing guarantees of origin in several leading EU countries was analized.
The results of the analysis are presented in the table below for the purposes of comparison.
Key words: guarantee of origin; certificate; renewable energy sources; electricity generation; state regulator; electronic system.
02/2023
Abstract. Legal regulation of the national regulators of energy markets activities regarding the implementation of energy supervision and technical monitoring of energy installations, networks and other energy infrastructure, the principles and features of the system of monitoring the safe operation of energy systems by independent state regulators and the functioning of such systems at the national level were examined in the analytical note. The experience of energy supervision in France, Germany, the Czech Republic, Latvia, Denmark and Finland was analyzed.
Key words: energy resources, energy supervision, energy monitoring, energy security, national regulator.
02/2023
Abstract. International legal and domestic principles of volunteering as a form of charitable activities have been studied. Attention was focused on the expediency of introducing a mechanism to ensure legal guarantees for the performance of volunteer duties. Based on the analysis of the legislative regulation of criminal responsibility for the illegal use of humanitarian aid, charitable donations or non-refundable financial assistance with respective illicit profit, directions for improving the legal regulation of social relations protection in the field of use of humanitarian aid have been summarized.
Key words: humanitarian aid, volunteering, charitable donations, embezzlement, responsibility.
02/2023
Abstract. The parliamentary study is devoted to the actualization of the types and terms of scheduled activities of the Verkhovna Rada of Ukraine. Based on the analysis of the legislation of Ukraine, the types of measures related to the implementation of its functions and powers by the Verkhovna Rada of Ukraine have been identified and systematized according to temporal and substantive criteria. The calendar planner of the Verkhovna Rada of Ukraine for 2023 is proposed.
Key words: functions of the parliament, powers of the Verkhovna Rada of Ukraine, decisions of the Verkhovna Rada of Ukraine, scheduled activities of the Verkhovna Rada of Ukraine.
02/2023
Abstract. The issues of regulating the procedure for the election (appointment) of judges to administrative positions and dismissal from these positions in certain European countries (Albania, Great Britain, Latvia, Germany, Montenegro, Norway, Poland, Switzerland, and the United Kingdom) were analyzed. The grounds for appointment (promotion) of judges; the terms of office and grounds for dismissal of the chief judge in European countries; and the bodies responsible for the selection, appointment and career of judges under the laws of European countries were determined. The analysis is carried out in the context of the Draft Law of Ukraine «On Amendments to the Law of Ukraine «On the Judiciary and the status of Judges» on the regulation of the procedure for election (appointment) of judges to administrative positions and dismissal from these positions» (No. 8296 dated 21.12.2022) and the conclusions of the Advisory Council of European Judges.
Key words: election (appointment) of judges, chairman of the court, administrative positions.
02/2023
Abstract. The parliamentary research is devoted to updating the types and terms of scheduled activities of the Verkhovna Rada of Ukraine. Based on the analysis of the legislation of Ukraine, the types of measures related to the implementation of its functions and powers by the Verkhovna Rada of Ukraine have been identified and systematized according to temporal and substantive criteria. Calendar planner of the Verkhovna Rada of Ukraine for 2023 is proposed.
Key words: functions of the parliament, powers of the Verkhovna Rada of Ukraine, decisions of the Verkhovna Rada of Ukraine, scheduled activities of the Verkhovna Rada of Ukraine.
02/2023
Abstract. Having recommended that Ukraine be granted candidate status, the European Commission put forward demands for reforms, which consist of seven blocks. Among them is the continuation of judicial reform, which is one of the most urgent because the special status of the judicial branch of government requires compliance with a number of standards. Implementation of functions by bodies of judicial governance, in particular in the area of personnel and disciplinary issues, is one of the areas of improvement of judicial legislation. Taking into account the European integration plans of Ukraine, the issue of introducing competitive selection for the appointment of highly qualified judges to the Constitutional Court of Ukraine, as well as improving the provisions established by judicial legislation regarding qualification evaluation of judges, career of judges and optimization of the process of personnel selection of judges in general. The Concept contains appropriate recommendations for optimizing the processes of personnel selection and qualification evaluation of judges.
Key words: justice, judicial reform, judicial power, personnel selection, evaluation of judges.
2022