Documents


30 June 2023
17:57

Abstract. The analytical note presents the results of the study of the experience of the Republic of Poland, French Republic and the Republic of Croatia in the implementation of state policy measures in the field of education in the de-occupied territories. Major directions and achievements of the aforementioned policy have been determined taking into account the peculiarities of both the research sources and factors that determined such policy.

Key words: state educational policy, de-occupied territories, legal regulation, historical experience.

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05/2023

30 June 2023
15:22

Abstract. The concept provides a scientific and legal analysis of the existing system of courts in Ukraine, identifies the main problematic issues in the judicial system of Ukraine, and the directions of its transformation and optimisation. Also, it analysed judicial and procedural legislation regarding the appropriate and effective functioning of courts in the justice system. It provides a study of the experience of reforming the court system of 20 European countries, the possibility of its adaptation to the national legal framework, and examines doctrinal approaches to reforming the judicial system. It includes proposals for reforming and optimising the existing court system, in particular, building a new «map» of local general courts (based on the territorial principle), introducing the priority of internal judicial specialisation over external, changing the approach to court interaction, improving the rules for judicial professional development, changing the jury trial model, etc.

Key words: court, judicial system, system of courts of Ukraine, judicial system reform, building a system of courts based on the territorial principle, judicial specialisation, judicial professional development, jury trial.

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05/2023

30 June 2023
10:38

Abstract. The informational reference deals with the state of implementation analysis of provisions of the Law of Ukraine «On amendments to certain legislative acts of Ukraine regarding the functioning of national qualifications system» № 2179-IX dated April 1, 2022. Attention is focused on prerequisites for updating the legislation on professional qualifications, professional standards, standards of professional education and ensuring their approximation to European qualifications framework for lifelong learning. The main innovations of the Law and their importance in regulation of labour relations are analyzed. Certain problematic aspects of the procedure for introducing professional standards have been identified.

Key words: professional qualification, partial professional qualification, professional standard, formal and informal training, qualification centers.

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05/2023

29 June 2023
10:37

Abstract. The regulation of the grounds for transferring a customs official to another position by the decision of the appointing authority, including without the official's consent, was investigated in the informational reference.

Key words: customs authorities, officials, employment, transfer of an official.

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05/2023

26 June 2023
17:49

Abstract. In the analytical note a comparative analysis of the legislation of foreign countries on the establishment of rules of behavior for MPs’ was carried out. International standards, acts of the European Parliament, as well as legislation of such countries as the United Kingdom, Germany, Austria, and Latvia were researched.

In the research has concluded that all states consider the rules of behavior for MPs’ as an important component of their legal status and implement the relevant rules both at the constitutional level, a special law on the status of MPs’ or parliamentary rules of procedure, or at the level of a separate act - the Code of Behavior for MPs’, which may be an a schedule to the rules of procedure or a separate document.

Key words: MPs’ ethics, rules of behavior for MPs’, MPs’ status, professional standards.

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05/2023

26 June 2023
16:08

Abstract. The Parliamentary Research provides an analysis of the Draft Law of Ukraine «On the State Service of Special Constructions», primarily with regard to its prospects for ensuring proper legal regulation in the field of capital construction and restoration of defence and dual-use infrastructure facilities. For this purpose, it compares the provisions of the Draft Law with the provisions of the current legislation that govern these issues. Also, it identifies and analyses the existing risks that may prevent the implementation of the Draft Law as well as the objectives and goals set out therein. It considers the compliance of the Draft Law with the requirements of strategic program documents defining the main directions of military policy and development of the defence forces of Ukraine, as well as with the documents establishing international legal standards in the research area. In addition, with this purpose, there is an analysis of the experience of legal regulation of construction and exploitation of defence facilities in such countries as the French Republic and the Republic of Poland. The research concludes that the Draft Law is capable to ensure the creation of an effective system for the construction of defence and military infrastructure facilities in Ukraine.

Key words: legislative regulation of construction of defence and dual-use infrastructure facilities, functions, tasks and status of the State Service for Special Constructions, specialised military formation, the Armed Forces of Ukraine, the Ministry of Defence of Ukraine.

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06/2023

26 June 2023
15:31

Abstract. The analytical note contains the results of the comparative study of the legislation of the European Union member states regarding civil service employees’ remuneration systems. Attention was paid to the peculiarities of the legislative regulation of civil servants’ remuneration and the procedure for forming the remuneration fund. Salary structure and procedure for setting and determining the compression ratio have been analyzed. The content of the regulatory provisions limiting manager’s discretion regarding calculation of salaries of civil servants has been clarified. In accordance with the applicant’s request, the analytical note contains conceptual comments on the content of SIGMA Opinion to the Draft Law of Ukraine “On Amendments to the Law of Ukraine “On Civil Service” Regarding Implementation of Unified Approaches to Remuneration of Civil Servants Based on the Classification of Positions” (reg. No. 8222 dated 23.11.2022).

Key words: public servants, remuneration of public servants, compression ratio.

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06/2023

26 June 2023
15:29

Abstract. The legal regulation of state environmental control (supervision) in the European Union member states regarding the regulation of the activities of state bodies responsible for monitoring compliance by economic entities with the provisions of national environmental legislation were analyzed. Rules of activity of environmental inspectorates, their rights, obligations, reasons, and means of conducting scheduled and unscheduled inspections were analized. Special attention is paid to interaction of environmental inspectorates with other ministries and state institutions in the field of environmental protection. Legal regulation of requirements for inspectors, including qualification requirements is presented in the  note. Experience in implementing state environmental control in France, Croatia, the Netherlands, Latvia, Poland was analysed.

Key words: national environmental control body; environmental inspection; environmental control (supervision).

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05/2023

26 June 2023
15:28

Abstract. The acts of international law, EU regulations, and legislative acts of several states, including Ireland, Denmark, Germany, the Netherlands, Norway, and Australia, were analyzed with aim to prepare the draft law of Ukraine on the basic principles of climate policy. Based on the study’s results, a generalised approximate structure of the draft law on the basic principles of the climate policy of Ukraine is proposed, and proposals regarding its text are provided.

Key words: climate policy, climate change, climate information, climate change prevention strategy.

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05/2023