Suchergebnisse

The topicality of this issue is related to the fact that the EU is founded on a set of values, including equality. Nowadays the attitude towards women in the society is significantly different from that of men. Unfortunately, inequality does not decline over time. The basic idea of gender equality is to provide both women and men with the same rights, opportunities and conditions for full-fledged development. The article is devoted to the dimensions of the principle of gender equality in the European Union, which is important for Ukraine due to the conditions of European integration. The dimensions of gender equality cover the political, economic, civil, social and cultural spheres of our live activity, including achieving gender equality in employment, equal pay for equal work, gender balance in decision making, harmonization of professional and family life, education and «gender mainstreaming».

That is why research and analysis of gender equality's dimensions in the EU and defining the legal aspects of their regulation are relevant to the legal system of Ukraine. Over the past few decades, the EU has notably worked for equal treatment legislation, gender mainstreaming and specific measures for the advancement of women. Moreover, the EU has defined the following dimensions of gender equality: equal economic independence for women and men; equal pay for work of equal value; equality in decision-making; dignity, integrity and ending gender-based violence; and promoting gender equality beyond the EU.

The dimension of gender equality is a strategy for making women's as well as men's concerns and experiences an integral dimension of the design, implementation, monitoring and evaluation of policies and programmes in all political, economic and social spheres, so that women and men benefit equally and the inequality is not perpetuated. Although the EU has achieved positive results in protecting human rights, the work is still continuing in this direction. The idea of gender equality is an integral part of equality as a general principle, development and peace in the world. Without this principle, it is impossible to establish

the basis for democracy, freedom, justice and tolerance. Recently, the principle of gender equality is getting paramount importance for Ukraine, as one of the conditions for successful European integration.

The article examines the current state of the Association Agreement implementation in terms of national legislation on climate change and the protection of the ozone layer compliance with the requirements of the EU legal acts listed in Annex XXX to Chapter 6 "Environment" of that Agreement. Under the Association Agreement, such harmonization entails the need to bring national legislation into line with Directive № 2003/87/EC establishing a Community greenhouse gas emissions trading scheme by September 1, 2019 and amending Directive № 96/61/EC ~ 18 ~ ВІСНИК Київського національного університету імені Тараса Шевченка ISSN 1728-3817 as amended by Directive № 2004/101/EC; Regulation (EC) № 842/2006 on certain fluorinated greenhouse gases; Regulation (EU) № 2037/2000 on substances that deplete the ozone layer, as amended and the amendments made by the Regulation (EU) №№ 2038/2000, (EU) 2039/2000, (EU) 1804/2003, (EU) 2077/2004, (EU) 29/2006, (EU) 1366/2006, (EU) 1784/2006, (EC) 1791/2006 and (EC) 2007/899, and Decisions №№ 2003/160 /EC, 2004/232/EC and 2007/54 /EC. The analysis of the national legislation shows that Ukraine as a whole fulfilled its obligations to adapt national legislation to the EU legislation in terms of setting up a monitoring system, reporting and verification of greenhouse gas emissions. The Law of Ukraine "On the Basics of Monitoring, Reporting and Verification of Greenhouse Gas Emissions" was adopted on 12 December 2019. The law comes into force on 1 January 2021. At the same time, it is necessary to adopt by-laws to ensure the effectiveness of the provisions of the aforementioned Law, since as of 1 April 2020 no legislative act has been adopted in its development. Ukraine has also fully fulfilled its obligations to implement the provisions of Regulation (EC) № 2037/2000 on substances that deplete the ozone layer and the provisions of Regulation (EC) № 842/2006 of the European Parliament and of the Council on certain fluorinated greenhouse gases. The Law of Ukraine "On Regulation of Economic Activity with Ozone-Depleting Substances and Fluorinated Greenhouse Gases" was adopted on 12 December 1 2019. The law comes into force on 27 June 2020. The article proves that the legal acts, necessary to introduce internal greenhouse gas emission allowance trading scheme and other market and non-market greenhouse gas emission reduction instruments of these gases in accordance with Ukraine's obligations under the Association Agreement have not yet been adopted. Also there is the necessity to make amendments to the Regulation on the Interagency Commission on Implementation of the United Nations Framework Convention on Climate Change, approved by the Cabinet of Ministers of Ukraine Decree № 583 of April 14, 1999, to extend its tasks in accordance with the provisions of the Paris Agreement. Keywords: the Association Agreement; climate and ozone protection; fluorinated greenhouse gases; monitoring of greenhouse gas emissions; ozone-depleting substances; reporting of greenhouse gas emissions; verification of greenhouse gas emissions.

Global informatization, manifestations of which are characteristic for the past decades, became the basis of the formation of the new model of the economy – digital economy, which became the development strategy of the most developed countries of the world. In Ukraine there is not any consistent tactic of building up a national digital economic business space as yet. Therefore, the purpose of the article was to substantiate theoretically the essence of digital economy and its conceptual reflection in the economic policy of the EU, as well to analyze the status and specific features of the Ukrainian economic system in terms of integration into international digital environment. The research methods are system analysis. Based on a number of scientific sources, it was revealed that the conceptual basis for the development of the digital economy in Europe consists of 5 metrics of the program of digital entrepreneurship: a) digital knowledge and ICT market, b) digital business environment, c) access to finance for businesses, d) digital skills of the labor force and electronic leadership, e) creating supporting entrepreneurial culture. In the course of the study we defined the centres of growth of digital technologies and communication in Ukraine, which can become the basis for further positive changes, at the same time we identified the main obstacles, as well as the lagging industries, because of whose performance the world ratings of Ukraine go down. A conclusion was made about the need to build an efficient national strategy for the development of the digital economy taking into account both positive and negative aspects of the experience of the EU countries. The scientific novelty of the work is in identifying features of the development of information and telecommunication technologies in Ukraine, which are in the uneven "informatization", depending on the industries and sectors of the economy, in the lack of digital strategy of the state, in the inconsistency in regulatory policy and distrust of the population in modern financial instruments. The findings made as the results of the research can be used for differentiation of users of digital information and the development of strategy of their engagement in certain segments. In the future, it is advisable to examine the European experience about the inclusion of objectives concerning the development of the digital economy in the global plan of reformation of the state.

The institution of separation legislative provisions of those EU member states that have chosen a separation legal regulation model, according to which the direct dependence of divorce on separation is recognized. It means that the spouse who wishes to dissolve the marriage must be in a state of separation issued by competent authority decision for some time (formal separation).

Such EU member states as Denmark, Ireland, Italy have chosen the defined model for legal regulation of separation. Based on this study, the characteristic features of this model for legal regulation of separation are highlighted, namely:

the main purpose of the separation institute in the legislation of these states is to provide spouses with time to decide on the future for their marriage: either divorce or reconciliation;

a separate residence regime may be established by a decision of the competent authority (court, prosecutor, public administration) by mutual agreement or at the request of one of the spouses, despite the objections of the other;

the existence of a clear list of grounds in the legislation to establish separation on the application of one of the spouses;

the existence of any consequences of the individual residence regime is linked to the determination of the fault of one or both spouses in the establishment of a separate residence regime on one or another basis;

separation would result in the termination of the marital property regime, the termination of the marriage contract, except for the provisions re- lating to the separate residence regime, and the termination of the paternity presumption.

Although this model for legal regulation of separation is still relevant, the trend toward the simplification of legal regulation of divorce proceed- ings, has led to the complete rejection of separation as one of the prerequisites for divorce (in the event of mutual consent of the spouses to the termination of marriage) or reduction of spouse's stay in separation.

The article examines the system of standards for the right to freedom of movement and the right to free choice of residence that exist in the European Union. A wide range of general and special legal methods and techniques of scientific knowledge are used, in particular: comparative law, systemstructural and formal- dogmatic research methods, as well as the methods of scientific knowledge (analysis and synthesis, induction and deduction, classification, etc). As a result of the study, the author substantiates the scientific position that the existing system of standards for the right to freedom of movement and the right to free choice of residence in Ukraine only partially meets the standards of these rights that exist in EU member states. The difference between these standards exists on the level of specifics of legal regulation for the implementation of these human rights by family members of citizens of EU member states, as well as the goals pursued by the implementation of relevant standards. Bringing Ukrainian standards of these human rights in line with European counterparts involves rule-making activities of public administration. The source of such rule-making should be Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (2004). The effectiveness of bringing Ukrainian standards for the right to freedom of movement and the right to free choice of residence in line with EU standard will be increased significantly if the public administration has standards for legal regulation of relations between it and individuals in the process of exercising these rights by the latter. In our opinion, the Allgemeine Verwaltungsvorschrift zum Freizügigkeitsgesetz / EU (AVV zum FreizügG / EU) (General Administrative Code of the Law on Freedom of Movement of Citizens) can be considered as such a standard, as it is created in strict accordance with the EU Directive and other EU legal acts

The article considers the comparative and legal grounds for the definition of the category "marriage" in family law of Ukraine, interpretation of the concept of "marriage-like unions" in legislation, judicial decisions and legal doctrine of EU states. The author defines the characteristics and peculiarities of these concepts, outlines the approaches to the regulation of family relations in this field and formulates conclusions and proposals aimed at the harmonization of national legislation with EU law.

In the article, both general scientific and special legal methods of research have been used. In particular, comparative-legal, historical, formallogical and other methods have been applied. The article concludes that the example of some European states proves the existence of the advanced legislative approaches to the legal understanding of family unions.

In Ukraine the marriage is exclusively a family union of a female and a male registered with the state registration authority for civil status acts. In the laws of EU states different and much broader criteria for treating such unions can be applied. The presence of various legal forms of unions indicates that foreign law recognizes a family union between persons irrespective of their genders and recognizes such family union as a family. It is said that a characteristic feature for a family is a stable relationship. At the same time, harmonization of the Ukrainian legislation with the EU legislation in the field of marriage and family relations may take place on specific issues (for example, a registered partnership), but it is not advisable to adopt a foreign legal model, since in Ukraine there are distinctive factors for the formation of family relationships, such as traditions, religion, culture.

Constitutionally guaranteed validity of international treaties, ratified by the Verkhovna Rada of Ukraine and the fact that they are appeared to be a part of national legislation determines the relevance of international legal approaches in the development of national environmental legislation. The article analyses the international environmental monitoring regulations in order to implement their provisions into Ukrainian environmental legislation. The authors propose the new ways of the environmental science development and amendments to the national legal regulations in the field of environmental monitoring.

The article investigates European approaches to legal regulation of relations on the implementation of environmental monitoring in order to adapt national environmental legislation to the legislation of the European Union and to eliminate deficiencies and gaps. The purpose of this article is to study the legal nature of environmental monitoring with the help of sources of international environmental law and environmental law of the European Union, cooperation of the countries of the world with the participation of Ukraine.

The objective of this article is making proposals regarding the consideration of European legal and international approaches to the regulation of relations on the implementation of environmental monitoring in the current legislation of Ukraine. In order to improve legal regulation of environmental monitoring in Ukraine, it is suggested to support the adoption of the Law of Ukraine on Environmental Monitoring; to eliminate the fragmentation in the creation of subordinate regulatory mechanism for of environmental monitoring; to continue the research in the field of international environmental law implementation, taking into account European approaches. The methodological basis of the study comprises general scientific and special cognitive methods: formal-logical and logical-semantic methods, a method of system analysis and a method of interpretation of legal norms are used. These methods application contributes d to substantiating proposals for improving the provisions of the current Ukrainian legislation in the field under study.

The real Ukrainian situation connected with creation of projects of the future of the country during all previous years of the newest Ukrainian independence has been analyzed. It is indicated on the process of developing projects of the common future of Ukraine as one of the consolidating community of factors. The emphasis is on the specificity of the formation of joint future projects in the post-colonial (transition) period. This is a characteristic of the four main, according to the author, the projects of the Ukrainian future, which had a public response during the post-Soviet period of Ukraine's development. Among them: 1. Ukraine becomes a full member of the European Union, overcoming the final defects of the postcolonial period of its own existence and becoming a civilized European modern, democratic, independent social state. 2. Ukraine becomes part of the new Kremlin Empire and part of the "Russian world". 3. Ukraine focuses only on its own strength, becomes independent of the East and West and is not part of any more global alliances. 4. Ukraine goes to Europe together with democratic Russia. The article notes the utopia of the project of building a democratic Russia. It is concluded that the desirable short-term future for Ukraine should be its actual entry into the European Union as a full member of this community; joining NATO and victory in the war with the Russian aggressor as a condition for a guaranteed future; the cultural and intellectual prosperity of a country with an effective economy, democratic principles of politics and mass creativity of its citizens-actors of creating a dream-like future and ways to build a European state and nation. Over the projects of the future of Ukraine, we need to work constantly and seriously on all the intellectual forces of the country, in order not to again make all the people victims of others and their own unsuccessful experiments and criminal utopias.

The article deals with the social function in the system of functions of the state, namely the definition of this concept. In state functioning there is purposeful influence on various spheres of life, social processes and connections. In performing certain functions, the state affects social processes, their dynamics and directions through reforms, transformations, legal regulation of social relations. The implementation of social functions stabilizes the development of the society. The article provides an in-depth analysis of the definitions of the state social functions and provides its relevant concept. It can be argued that the definition of social functions of the state depends on a number of factors, namely legal, political, ideological, informational, etc. It is established that in the theory of the state and law much attention is paid to the study of the social functions of the state. It is determined that the social function of the state, as a dynamic one and inherent in a particular stage of development of the state determines the main activities of the state, expressing its essence and social purpose, aimed at implementing the goals and objectives. The Constitution of Ukraine, along with other tasks, sets the goal of forming a welfare state. The changes that have taken place as a result of the implementation of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, have radically changed the socio-political and socio-economic situation in the society, as well as the ideas on the purpose, priorities and methods of realization of the social function of the state. The social function of the state is one of the main activities carried out in the social sphere of public relations to provide citizens with a decent standard of living, resolve social contradictions and realize the agreed interests of citizens, based on socially recognized and legally established social standards. The purpose of this article is to study the social function of the state. Despite the significant number of scientific papers devoted to the study of issues, the harmonisation of national legislation to the requirements of the European Union initiates research on the social function of the state in the context of dynamic socio-economic changes. Keywords: a state, a function, a social function, the objectives of the state, classification, stability, a social purpose of the state.

The article examines the legal regulation of using cloud technologies for information storage. The author analyses the legal acts of Ukraine, the European Union, the USA, and self-governing organisations that unite intermediaries of cloud information systems regulating relations in data storage and using cloud technologies for user information processing. The author considers the provisions on the definition of cloud computing and cloud storage from the point of view of law. The author analyses specific regulations governing legal relations in the storage field and the use of information in cloud storage. The main functions are analysed: information storage creation of a multi-level database; collection of data and their systematisation, storage of big data and their processing; information exchange; support of other services; collection of data and their distribution by applications; and economic function. It is noted that the legal regulation of information storage in cloud storage is complex.

The article studies the process of constitutionalization of associative relations between Ukraine and the European Union. The author distinguishes and reveals two significant aspects of this process, namely meaningful and implementing. It is determined that meaningful constitutionalization by its essence is the constitutional modernization, where the meaningful updating of the Constitutional provisions is made in order to form the constitutional pillars for further democratization of social and political life in Ukraine, the approximation of the national political and legal system in accordance with the European values and principles, the improvement of the internal legal framework. The implementing aspect of constitutionalization means the purposeful formation of constitutional preconditions for the implementation of Association Agreement's provisions to the national legal system. The author stipulates that the fulfillment of both meaningful and implementing aspects of constitutionalization of Ukraine's association with the EU shall be implemented mainly by incorporating of this process directly into the context of the constitutional reform in Ukraine. The special attention is paid to certain problems of the reformation of the Constitution of Ukraine ensuring the European integration. The author expresses the critical reservations related to the amendments to the Constitution with the provisions of strategic orientation of Ukraine for the long term perspective.

In the case of introduction of visa-free regime between Ukraine and the European Union (EU) there will arise a problem of matching throughput capacity of the Ukrainian checkpoints to the quantity of people who would want to cross the border. The absence of need for obtaining a visa does not eliminate compulsory customs and border control, but it potentially increases the number of people who intend to cross the border. A growing number of border crossings in case of their mismatch with the criteria for checkpoints are a potential non-tariff restricting barrier in international trade. A threat to the image of the country from the occurrence of such a tool of non-tariff regulation indicates relevance of present study. The aim of the work was to study the dynamics of actual and potentially possible border crossings and to define directions for the optimization of procedures of such a crossing to eliminate negative impact of this non-tariff instrument of regulating international trade on the overall image of the country. We analyzed the peculiarities of crossing the border between Ukraine and the EU through automobile crossing points based on quantitative data regarding crossing the Ukrainian–Polish border. The goals and structure of movement across the border by frequency are clarified. We defined criteria for increase in the discrepancy between actual and nominal throughput capacities of the Ukrainian checkpoints. The scientific novelty of present research is establishing the nature of quantitative effect from restricting the crossing of border on the image of the country with the help of world rankings. A practical significance of the study is to identify ways to improve a procedure for crossing the border: 1) by combining Polish and Ukrainian infrastructure of control at checkpoints; 2) by creating separate lined for crossing the border by persons without transportation vehicles; 3) by simplifying a procedure of control at the border both by checking only by border staff and by increasing the value of goods that a citizen can bring into country; 4) by financing technical equipment for crossing points and their infrastructure by introducing a targeted general tax for persons who cross the border; 5) by compiling open and regular statistics of border crossing. A promising direction for further research is the economic substantiation of appropriateness of the proposed ways to improve the throughput capacities of checkpoints.

In the article, the legal aspects of information security in telemedicine in Ukraine are considered from the modern theory of information law based on current Ukrainian legislation and regulations of the European Union. The topic's relevance is due to the need to improve the legislation of Ukraine to provide a comprehensive theoretical justification for enhancing the effectiveness of information security. In the course of the study, the methodology of the systematic, comprehensive analysis of legal phenomena using factor and evolutionary research methods was applied. It is noted that modern information technologies allow doctors to provide remote medical care to monitor patients' health constantly. During the COVID-19 pandemic, the need for remote medical care has increased. It is indicated that telemedicine technologies are used to conduct research and detect diseases based on the automated processing of large amounts of personal and medical data. In the digitalization of medicine, the importance of information security of patients and other subjects of telemedicine activities is growing. The processing of large amounts of personal data on patients' health in information systems increases the risks of privacy violations and requires higher standards of information protection.

This article explores alternative ways of resolving labour disputes through the analysis of relevant regulations of Ukraine and the Member States of the European Union, in particular, France, Bulgaria and Poland, and compares the relevant regulations in this area by contrasting the provisions of domestic and foreign legislation. The purpose of the article is to explore the ways to alternatively resolve labour disputes by analyzing the relevant legal doctrine and provisions of domestic and European law, to identify the advantages and disadvantages of such methods as mediation, conciliation, arbitration, to suggest ways to improve existing legislation. It is noted that the lack of proper legal regulation of alternative dispute resolution today is not the only. Thus, it emphasizes the need to train personnel who could perform the functions of mediators in labour disputes, as well as the need to conduct a comprehensive information policy to inform the public about the benefits of alternative dispute resolution as opposed to litigation, to which the author, in particular, relates the speed, efficiency and focus on maintaining labour relations. In addition, consideration is given to the feasibility of introducing mandatory pre-trial procedures for the settlement of labour disputes. The results of the study can be used for further research in the study of alternative ways of resolving labour disputes, and the formulated proposals can be used to improve existing legislation in the field of labour disputes. Keywords: a labor conflict, mediation, conciliation, arbitration courts, arbitration, a labor dispute commission.