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- Analytical periodicals
Abstract. The analytical note defines the peculiarities of environmental impact assessment in the EU Member States (Austria, Germany, Spain, France, Estonia, Finland). This paper examines the legal regulation of establishing: thresholds for environmental impact assessment (EIA), forest plantation, felling of trees and shrubs; categories of sites (natural areas); exemption from environmental impact assessment of logging aimed at preventing emergencies in EU Member States. It also outlines the powers of public authorities in the field of forestry in the studied countries. There was made a review of Regulation (EU) 2023/1115 of the European Parliament and of the Council of 31 May 2023 on the provision on the Union market and export from the Union of certain goods and products relating to the destruction and degradation of forests and repealing Regulation (EU) 995/2010.
Key words: forestry, forest management, forest degradation, wild flora, European integration.
12/2023
Abstract. The analytical note examines the legislation of the European Union and European states on the employment of foreign nationals and stateless persons. An analysis of the legal regulation of the grounds and procedure for obtaining a work permit and cases of admission of foreign workers to the labor market without such a permit. It is noted that there is a lack of consistency in the legislation of European countries regarding the employment of stateless persons. Particular attention is paid to the benefits and economic losses associated with the measures of liberal migration labor policy of European countries.
Key words: labor migration, right to freedom of movement, European Union, foreign workers, migrant workers, work permit.
12/2023
Key words: criminal proceedings, suspect, accused, Pension Fund of Ukraine, pension payments.
12/2023
Abstract. The information note analyzes the proposal to supplement Article 345 of the Criminal Code of Ukraine with a note that defines the concept of «employee of a law enforcement agency». The expediency of introducing the term "law enforcement agencies" into the legislative circulation is indicated.
Key words: criminal offenses, qualification of acts, law enforcement bodies, law enforcement functions, law enforcement agencies.
12/2023
Abstract. The information note examines issues related to the administrative/criminal liability for offenses in the sphere of protection of archaeological heritage and other cultural values. It was emphasized that the issue of increasing the effectiveness of legal protection of archaeological heritage objects and the problem of the spread of cases of illegal excavations, illegal circulation of archaeological objects, etc., should be solved in the context of improving the mechanisms of bringing a person to the existing types of responsibility, taking into account the provisions of the draft of the new Criminal Code of Ukraine and the requirements of the Council Convention of Europe on offenses related to cultural values, the process of ratification of which must be intensified.
Key words: responsibility, protection of archaeological heritage, cultural values, treasure.
12/2023
Key words: virtuous lobbying, lobbying entities, activity of lobbying entities, advocacy, advocacy entity, object of a normative legal act lobbying, law-making activity, law-making initiative entity.
12/2023
Key words: legal entity, legal entity institution, governance bodies, corporative rights, Civil Code of Ukraine.
12/2023
Abstract. The analytical note examines issues related to the legal regulation of ensuring military discipline and bringing servicemen to disciplinary responsibility in the NATO.
The relevant NATO standards and other normative documents, which introduce common basic principles of ethical behavior of military servicemen and personnel of the Alliance, establish general provisions on the system of disciplinary penalties, define common approaches used during disciplinary practice in the armed forces and governing structures of NATO member states are considered. In view of the above, the jurisdictional powers of the military police to take measures to ensure and maintain law and order and security, provided for by NATO normative documents, are also analyzed.
On the example of the member states of the Alliance, in particular the USA, Canada, Poland, Czech Republic the features of the legal regulation of the grounds and procedure for bringing to disciplinary responsibility of military personnel, the types of disciplinary penalties and the subjects of their application, the ratio of disciplinary and other types of liability are revealed - in a comparative context with legislative support disciplinary liability of military servicemen of the Armed Forces of Ukraine and other military formations.
Key words: NATO, military servicemen, Disciplinary responsibility, disciplinary action, ethical conduct, military police, Armed Forces of Ukraine.
12/2023
Key words: Civil Code of Ukraine, recognition of an individual as dead, recognition of an individual as missing, expiration of the term, military actions, armed conflict.
12/2023
Abstract. The article presents the analysis results of the essence and content of the European Electronic Communications Code (EECC) as a unified EU legal act in the field of regulation of public relations arising from the use of electronic communication networks, provision of electronic communication services, related facilities and related services, as well as certain aspects of terminal equipment. The prerequisites for the adoption of the document, its main provisions and impact on the development of legislative support for the markets of electronic communications services in the EU Member States on the way to creating the EU Digital Single Market and the digital economy are analyzed. The content of the basic provisions of the national legislation of the EU Member States on electronic communications which derogate from the provisions of EU Directive 2018/1972, and suggests ways to implement the said EU Directive into the national legislation of Ukraine are proposed.
Key words: digital single market, EU Digital Single Market, electronic communication network, electronic communication service, EU Electronic Communications Code, codification of legislation, electronic communications market entities, systematization of legislation.
12/2023