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Abstract. The Information reference analyzes the mechanism of bringing legal entities to account for bribery of foreign officials in the context of the finalized draft of the Law of Ukraine "On Amendments to the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine and other legislative acts of Ukraine on improving the mechanisms of bringing legal entities to account for bribery officials of foreign states" (No. 11443, dated July, 25, 2024) (hereinafter referred to as the draft law). 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 criminal procedural legislation, and other laws of Ukraine is considered. The provisions of the draft law were examined for the presence of risks that could prevent the proper implementation of the draft law during law enforcement activities.
Key words: criminal liability, legal entity, bribery of officials of foreign states, special confiscation, measures of a criminal legal nature, criminal proceedings, court order.
10/2024
Abstract. European Union corporate law regulates the legal framework for legal entities, including their establishment and operation inside and outside the EU, and protects the rights of shareholders, employees and other stakeholders. EU corporate law promotes transparency, efficiency and stability in the single market by setting requirements for reporting, financial audit, shareholder rights and corporate governance.
In addition, the EU is actively developing new initiatives such as corporate sustainability, due diligence of legal entities and the creation of conditions for cross-border associations.
The reference provides a general overview of the state of adaptation of Ukrainian legislation to EU corporate law.
Keywords: EU corporate law, legal entities, reporting, financial audit, cross-border associations, shareholders' rights, corporate governance, sustainable development, European integration, EU law.
11/2024
Abstract. The Information reference provides proposals for improving the current legislation in the field of public procurement in terms of requirements for the degree of localisation of production based on the analysis of the legal framework, legislative proposals and international experience.
Keywords: degree of localisation of production, national producer, public procurement, regional development, post-war recovery.
11/2024
Abstract. The Information reference contains the results of the analysis of the experience of Austria, Germany and Poland in establishing and operating energy communities in the context of implementing the EU energy policy defined in the Fourth Energy Package ‘Clean Energy for All Europeans’. The author considers the regulation of such a form of organisation of small energy producers as energy communities and the prospects for introducing similar forms for the development of energy from renewable energy sources in Ukraine.
Keywords: renewable energy sources, generation, energy communities, distribution operators, smart meters.
11/2024
Abstract. The overview dossier is dedicated to the analysis of legal regulation of relations in the implementation of the State veteran policy. Attention is focused on the conceptual problems of forming the foundations of the State veteran policy. Measures to improve the legislation on social protection of war veterans and their families are highlighted.
Key words: veteran policy, war veteran, digitalization of veteran services, system of state bodies, public organizations.
10/2024
Abstract. The Information reference examines the issue of legislative support for improving the mechanisms of bringing people to administrative responsibility for violating the rules of military accounting and legislation on defense, mobilization training, and mobilization. Based on the results of the analysis, the risks of the draft law were determined.
Key words: administrative liability, administrative offense, territorial centers of recruitment and social support, military accounting, defense, mobilization, mobilization training, clarification of personal data, fine, conscript, conscript, reservist, electronic cabinet, economic reservation.
10/2024
Abstract. The Information Note is dedicated to the analysis of the regulation of relations on the approximation of the National Qualifications Framework of Ukraine to the European Qualifications Framework. Attention is focused on the structure and descriptors of the European Qualifications Framework. The results of the comparison of the European Qualifications Framework and the Ukrainian National Qualifications Framework are presented.
Keywords: European Qualifications Framework, learning outcomes, qualification level descriptors, National Qualifications Framework, vocational training.
10/2024
Abstract. The overview dossier presents the results of a review of the legislation of the European Union (EU) Member States, in particular Estonia, Croatia, Poland, Latvia, Italy, Spain, and the USA, on the issues of appointing a guardian by parents of a minor. The author outlines the main aspects of the procedure for appointing a guardian for a child in the presence of a guardianship order. The author emphasizes the requirements for persons who may be a child's guardian. The powers of the relevant competent authorities are analyzed.
Keywords: parents; minor; orphans; children deprived of parental care; guardianship; guardian; appointment of a guardian; will; inheritance agreement; court.
10/2024
Abstract. The Information reference examines 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 legislation on administrative and criminal liability, the laws of Ukraine that establish the legal grounds for the prohibition of Russian imperial policy and propaganda of its symbols in Ukraine, as well as responsibility for their violation. According to the results of the research, risks have been identified that in the future may hinder the proper implementation of the law during law enforcement activities and the achievement of the goal declared in it, which is aimed at legislatively ensuring the possibility of bringing to administrative and criminal responsibility persons (including representatives of the authorities) who distribute and use the symbols of the Russian imperial policy in Ukraine.
Key words: criminal liability; administrative liability; production, distribution, public use, propaganda; Russian imperial politics and symbolism; administrative penalty; criminal punishment; fine; imprisonment.
10/2024
Abstract. The Informational reference analyzes the provisions of the draft Law of Ukraine "On Amendments to Article 263-1 of the Criminal Code of Ukraine regarding the decriminalization of the manufacture under martial law for the purpose of carrying out combat tasks related to the protection of the national sovereignty and territorial integrity of Ukraine, military supplies, explosives and explosive devices" (No. 12026, dated September, 10, 2024), considered the issue of releasing military personnel from criminal liability for the manufacture of military supplies, explosives and explosive devices under martial law. Based on the results of the analysis, the existing risks of the draft law were determined.
Key words: decriminalization, legal regime of martial law, execution of combat missions, ammunition, explosives, explosive devices, criminal liability.
10/2024