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Abstract. The information note is devoted to the issues of improving the mechanisms of functioning of the system of compulsory state pension insurance in the context of the draft Law of Ukraine «On amendments to certain legislative acts of Ukraine on establishing continuity of insurance period of a person reinstated at work after illegal dismissal» (Reg. No. 11488 of 19.08.2024).
Key words: system of compulsory state pension insurance; insurance record of a person; insurers (employers); insured persons (employees); person who was unlawfully dismissed; reinstatement at work.
09/2024
Abstract. The Information note provides an analysis of the provisions of Ukrainian pension legislation on payment of an unreceived pension, as well as the provisions of civil legislation on the inheritance of such a pension. Attention is focused on certain provisions of the procedure for its payment. Proposals for improving the legislative regulation of payment of an unreceived pension are considered.
Key words: underpaid pension, pension legislation, right to a pension, composition of inheritance, payment procedure, Pension Fund of Ukraine.
09/2024
Information note on improving the legislation on the procedure for granting pensions
Abstract. The Information note presents the results of the analysis of Ukrainian legislation on pension provision, in particular in the part of pension granting (recalculation). Attention is focused on certain provisions of court decisions on the procedure for granting (recalculating) pensions. Proposals for improving the legislative regulation of the procedure for applying for the appointment (recalculation) of pensions are considered.
Key words: pension, legislation on pension provision, procedure for granting (recalculating) pensions, Pension Fund of Ukraine, court decisions.
09/2024
Abstract. The Analytical note presents the results of the analysis of the content of program documents on the peculiarities of the implementation of the state demographic policy of European countries and the legislative support of measures to stabilize the demographic situation. An overview of the main directions, strategic principles, goals and objectives of demographic policy in Lithuania, Poland, Bulgaria, Croatia and the United Kingdom is provided. Attention is focused on the common principles of the European Union's demographic policy and program documents, the provisions of which are aimed at overcoming the demographic crisis and preventing demographic threats.
Annex 2 to the analytical note contains a list of key EU documents for addressing and managing demographic change.
Key words: demographic policy, demographic challenges, population growth, population ageing, demographic sustainability.
09/2024
Abstract. The Information reference analyzes the provisions of the draft Law of Ukraine «On Amendments to the Criminal Procedural Code of Ukraine regarding the specifics of the application of security measures in corruption and corruption-related criminal proceedings during martial law» (Reg. No. 11466 dated 07.08.2024).
In particular, the compliance of the draft law with the requirements of the Constitution of Ukraine, the principles of law-making activity, and the fundamental norms of the criminal and criminal procedural legislation of Ukraine is considered. Based on the results of the analysis, risks are identified that may in the future hinder the proper implementation of the draft law during law enforcement activities and the achievement of the goal declared in it, related to the improvement of the legal regulation of the grounds and order of application of measures to ensure criminal proceedings in relation to corruption and corruption-related criminal offenses during martial law.
Key words: criminal proceedings, martial
law, precautionary measures, detention, corruption
criminal offenses, criminal offenses related to corruption, serious crimes,
especially serious crimes, the suspect, accused.
08/2024
Abstract. The information note analyzes the replies to European Center for Parliamentary Research and Documentation (ECPRD) request on regulation the planning of law-making activities, the interaction of its participants, monitoring the implementation of laws (post-legislative scrutiny). Based on the results of the research, it was concluded that the regulation planning of law-making activities, the interaction of its participants, monitoring the implementation of laws (post-legislative scrutiny) in foreign countries can take place at the level of the rules of procedure of the parliament, a special law, and an interinstitutional agreement. A significant role in the planning of legislative activity in foreign countries is played by the government, which carries out such planning for its term of office and for a short-term period, which later forms the basis of planning the legislative activity by the parliament.
Key words: Law of Ukraine «On law-making activity», planning of law-making activities, post-legislative scrutiny.
09/2024
Abstract. The information note analyzes the replies to European Center for Parliamentary Research and Documentation (ECPRD) request on preparation of scientific concept for the development of the legislation during the planning legislative activities in foreign countries. Based on the results of the research, it was concluded that the preparation of scientific concept for the development of the legislation during the planning legislative activities is not provided for in any states that replied to ECPRD. However, the involvement of scientific institutions and taking into account the results of scientific research in the planning and realizing law-making activities in foreign countries takes place in various forms that can be combined with each other.
Key words: Law of Ukraine «On law-making activity», scientific concept for the development of the legislation, planning of law-making activities.
09/2024
The guide systematically informs about decisions adopted by the EU Court of Justice in June – August 2024, which interpret certain provisions of EU legal acts.
Key words: European Union, European Union law, EU acquis, Court of Justice of the EU decision, European integration.
09/2024
The guide systematically informs about the EU legislative and non-legislative acts adopted in June – August 2024, illustrates the trends in the development of EU acquis and relevant issues for EU Member States.
Key words: European Union, European Union law, European Union acquis, EU legislative acts, EU non-legislative acts, trends in the development of EU law.
09/2024Abstract. The Information reference analyzes the provisions of the draft Law of Ukraine «On amendments to the Criminal Code of Ukraine and the Code of Ukraine on Administrative Offenses on strengthening liability for violations of cultural heritage protection legislation» (Reg. No. 11458, dated 02.08.2024). In particular, the compliance of the draft law with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity, the norms of the current criminal and administrative-delict legislation, laws of Ukraine regulating public relations in the field of cultural heritage protection, preservation of historical monuments and other objects of cultural value are considered, and also establish responsibility for violation of their requirements. According to the results of the research, risks were identified that may in the future hinder the proper implementation of the law during law enforcement activities and the achievement of the goal declared in it, aimed at strengthening criminal and administrative responsibility in the field of protection of cultural heritage and other objects of cultural value.
Key words: criminal liability, administrative liability, objects of cultural heritage, violation of legal requirements regarding objects of cultural heritage, destruction and damage of objects of cultural heritage, criminal punishment, administrative penalty, fine.
08/2024