Suchergebnisse

The article deals with the correlation between the European Union law and international law. Constant participation of the European Union and its members in international organizations gave a rise to the need for establishment of interrelation between the sources of international law particularly international agreements and customs and sources of European Union law such as regulating agreements and acts of the EU institutions as well as necessity to identify which norms should be applied in a certain case and which hierarchical connections exist in these sources. This issue was research by numerous Ukrainian and foreign scholars such as T.V. Komarova, O.V. Plotnikov, K. Zigler, I.I. Maryniv, R. Jennigs, K. Tomushat and others. But unlike scientific research EU agreements do not have any provisions which would identify the type of relations between EU law and international law. It is also necessary to note that the only subject which position is important in this sphere is EU Court. In order to answer the mentioned questions decisions of the EU Court which had an impact on the formation of a new law and order on international level such as the one of the European Union (for example decision in case Van Gend en Loos) and decision of the Court which established fundamental positions regarding correlation of EU law and international law (for example in case Kadi v Council and Commission) were researched into. Provisions of EU regulating agreements related to international agreements and their place in the system of norms of the European Union were analyzed. To see the procedure of applying customary law in European law case law of the EU Court was researched. The article provides modern position of the EU Court regarding interaction between European and international law.

International migration is a global phenomenon, with its complexity, volume and influence on the economic development of countries constantly increasing. The aim of the article is to study the state of external migration processes in Ukraine and the world, analyze factors and main trends, determine the causes of external labor population migration and their consequences for the social and economic development of our country, reveal the existing threats and negative consequences of the international labor migration for the migrants and the economy of Ukraine. The methodology of researching the scope and dynamics of migration processes, the specific features of the migration policy development in Ukraine and the world is based on the application of general scientific and special methods of the scientific research: dialectical, systematic approaches, sociological survey, comparison, statistical analysis. A particular attention is paid to the identification of the social and economic causes and consequences of the international labor migration from Ukraine. The directions of the Ukrainian labor migration, taking into account the age groups and employment sectors of domestic labor migrants, are analyzed. The main approaches to improving the state migration policy based on the regulation of labor migration processes in Ukraine, slowing the dynamics of the population migration, the retention of the population number and structure at the level providing support for the territories economic development, improvement of the national international legislation, suspension of migration expenditures, creation of conditions for the cohort of Ukrainian citizens working abroad reverse migration, etc.

This article is devoted to the study of the legal regulation of international adoption in Ukraine. This article analyzes the content of the main regulations governing the implementation of international adoption. The key differences between international adoption and adoption within the state are identified. This study focuses on international agreements in the field of international adoption, as they regulate this issue in the most detail and ensure well-established, effective cooperation between member states. The state of national legislation of Ukraine in the field of international adoption is analyzed, in particular in terms of bringing it in line with international agreements that establish the principles of adoption, as well as establish guarantees of children's rights in the adoption procedure. Given that Ukraine has identified a vector for ratification of the Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption, the article examines its mechanisms and safeguards to avoid a number of negative phenomena that occur in the field of international adoption. The article presents statistics that indicate that the adoption of children from Ukraine is numerous among foreigners, which confirms the need to pay special attention to international adoption. The most acute problems in the field of international adoption and ways to solve them have been identified. Thus, it is established that currently the legislation of Ukraine does not provide effective mechanisms to prevent the abduction and sale of children under the guise of international adoption. To combat this problem, the Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption establishes a number of rules that must be followed in the implementation of international adoption, which confirms the importance of acceding to this agreement. There is also a lack of legal regulation, which is the lack of proper socio-psychological assessment of the child's readiness for adoption. Attention ...

The role of social media (social networks) in international relations is analyzed. The international relations as the main contributor to the world information space are singled out. Definitions of the main concepts characterizing the use of Internet technologies in the foreign policy activity of the state are given: foreign policy activity of the state, foreign policy behavior of the state, communication in the system of international relations or foreign policy communication of the state. The study used a set of general and special methods: the method of conceptual analysis in determining the basic characteristics of socio-political communication, comparative analysis, functional analysis (functions of foreign policy communication and activities). Social media and the Internet are turning into a new reality, where the main actors are states. The political image of the state is directly proportional to the image in the social media. The popularity of the state, diplomatic institutions depends on the openness of society and the advancement in social networks.

Terörizm, on yıllardır çeşitli tanımları yapılmasına rağmen devlet politikaları ve çıkar çevrelerince aynı durumun farklı zamanlarda farklı şekillerde tasvir edilmesinden dolayı net kabul görmüş bir tanıma sahip olamamıştır. Bütün devletler için tarih boyunca tehdit oluşturmuş bir kavram iken, tehdidin büyüklüğü ve önemi dünya coğrafyasınca ancak 11 Eylül saldırıları sonrasında anlaşılmıştır. Türkiye, teröre karşı mücadele eden ve bu konuda en çok acı çeken ülkelerin başında gelmektedir. Dünyada çok az ülke Türkiye kadar terör sorunu ile karşı karşıya kalmıştır. Göz ardı edilmemelidir ki, Türkiye'de terörizme karşı kazanılacak zafer, tüm dünyaya örnek olacak ve barış için en büyük bir adım teşkil edecektir. Bu çalışma, genelde dünya coğrafyasının büyük bir kısmının farklı sebep ve şekillerde de olsa maruz kaldığı terör ve terörizm kavramlarının tanımlanması ve terörizmin nedenleri, amaçları, özellikleri, çeşitleri ve terörün uluslararasılaşan boyutunu ele almış; özelde ise Türkiye'nin de yıllardır maruz kaldığı PKK Terör Örgütü'nün örgüt yapısı, ideolojisi, amaç-stratejisi, geçirdiği evreler incelenmiştir. Uluslararası boyut başlığı altında ise, Birleşmiş Milletler (BM), Avrupa Birliği (AB), Avrupa Konseyi Parlamenterler Meclisi (AKPM) Avrupa İnsan Hakları Mahkemesi (AİHM) gibi uluslararası örgütlerin ve bazı ülkelerin yıllar itibariyle sergiledikleri PKK politikaları ve tutumları açıklanmaya çalışılmıştır. ; Although terrorism is defined for dozen of years in various ways it has not a clear definition acceptable due to it is described in different ways in different times by state policies and interest groups. While it is a concept posing a challenge for states it has been well undersood by the world after 11 September events. Turkey is a state who struggled with terrorism and felt pain in the world. There is no country in the world who suffered from terrorism as much as Turkey. It must be remembered that victory against terrorism will be a sample for all countries in the world and it will be the greatest step in the way of peace. This study deals with the definition of terrorism which major part of the world is subjected to with different reasons and reasons, aims, properties, types and the international dimension of the terror in particular PKK terror group to which Turkey is subjected to for years, with its structure, ideology, strategical aim and the steps of the event. In the international dimension title, policies and manners that is exposed by the United Nations (UN), the European Union (EU), international organisations such as Parliamentary Assembly of the Council of Europe (PACE) and European Court of Human Rights (ECHR), as well as some countries against PKK policies.

Introduction. The development of online commerce, which is gradually displacing the traditional one, is a clear trend of global economic transformations. Key aspects of e-commerce, such as online transactions, privacy and consumer protection, and customs clearance, need to be regulated at the international and national levels.The purpose of the article is to study the development of e-commerce in retail goods in the XXI century. in the context of assessing the completeness and effectiveness of international and domesticResearch methods. General scientific and special methods were used to study the legal aspects of e-commerce regulation, namely: analysis and synthesis, induction and deduction, abstraction and concretization, description, characterization, generalization, comparison. The methodological basis for the study was international regulations (UN Laws, European Union Directives, Acts of International Organizations) and a list of laws of Ukraine on the regulation of the electronic sphere.Results. The analysis of indicators of e-commerce development on the world market is carried out, its rapid dynamics is pointed out. International initiatives to regulate e-commerce are considered. A comparison of aspects of legal regulation of e-commerce in Ukraine and the European Union is carried out. Conclusions are made on the completeness and degree of maturity of the institutional base. Emphasis was placed on the need to strengthen regulatory mechanisms in the field of e-commerce in order to create a modern institutional system adapted to the global and European.Perspectives. It is important to focus future research on the development of guidelines for determining the effectiveness of the implementation of initiatives to regulate e-commerce at the domestic and global levels.

Terörizm, on yıllardır çeşitli tanımları yapılmasına rağmen devlet politikaları ve çıkar çevrelerince aynı durumun farklı zamanlarda farklı şekillerde tasvir edilmesinden dolayı net kabul görmüş bir tanıma sahip olamamıştır. Bütün devletler için tarih boyunca tehdit oluşturmuş bir kavram iken, tehdidin büyüklüğü ve önemi dünya coğrafyasınca ancak 11 Eylül saldırıları sonrasında anlaşılmıştır. Türkiye, teröre karşı mücadele eden ve bu konuda en çok acı çeken ülkelerin başında gelmektedir. Dünyada çok az ülke Türkiye kadar terör sorunu ile karşı karşıya kalmıştır. Göz ardı edilmemelidir ki, Türkiye'de terörizme karşı kazanılacak zafer, tüm dünyaya örnek olacak ve barış için en büyük bir adım teşkil edecektir. Bu çalışma, genelde dünya coğrafyasının büyük bir kısmının farklı sebep ve şekillerde de olsa maruz kaldığı terör ve terörizm kavramlarının tanımlanması ve terörizmin nedenleri, amaçları, özellikleri, çeşitleri ve terörün uluslararasılaşan boyutunu ele almış; özelde ise Türkiye'nin de yıllardır maruz kaldığı PKK Terör Örgütü'nün örgüt yapısı, ideolojisi, amaç-stratejisi, geçirdiği evreler incelenmiştir. Uluslararası boyut başlığı altında ise, Birleşmiş Milletler (BM), Avrupa Birliği (AB), Avrupa Konseyi Parlamenterler Meclisi (AKPM) Avrupa İnsan Hakları Mahkemesi (AİHM) gibi uluslararası örgütlerin ve bazı ülkelerin yıllar itibariyle sergiledikleri PKK politikaları ve tutumları açıklanmaya çalışılmıştır. ; Although terrorism is defined for dozen of years in various ways it has not a clear definition acceptable due to it is described in different ways in different times by state policies and interest groups. While it is a concept posing a challenge for states it has been well undersood by the world after 11 September events. Turkey is a state who struggled with terrorism and felt pain in the world. There is no country in the world who suffered from terrorism as much as Turkey. It must be remembered that victory against terrorism will be a sample for all countries in the world and it will be the greatest step in the way of peace. This study deals with the definition of terrorism which major part of the world is subjected to with different reasons and reasons, aims, properties, types and the international dimension of the terror in particular PKK terror group to which Turkey is subjected to for years, with its structure, ideology, strategical aim and the steps of the event. In the international dimension title, policies and manners that is exposed by the United Nations (UN), the European Union (EU), international organisations such as Parliamentary Assembly of the Council of Europe (PACE) and European Court of Human Rights (ECHR), as well as some countries against PKK policies.

The article analyses the development of the concept of international crime in the "Hague" period, which covers the last decades of the last century and is closely related to the establishment of ad hoc international tribunals in the former Yugoslavia and Rwanda. The article reveals the legal grounds for the establishment of these tribunals, the features of their activities, jurisdiction and principles of responsibility of persons who committed crimes in the former Yugoslavia and Rwanda. The establishment of international justice bodies by UN Security Council decisions has provoked a number of debates about their legitimacy, but it is undeniable that the activities of ad hoc international tribunals have contributed to the initiation of a new stage in the development of international criminal justice, further development of international criminal law, in particular in the development of the Rome Statute and the Rules of Procedure and Evidence of the International Criminal Court. All types of tribunal jurisdictions are disclosed, but special attention is paid to the substantive and personal jurisdictions of tribunals, which became the basis for the theoretical justification of the "Hague" modification of international crime, as well as the practical implementation of this concept in tribunal decisions. It is shown that the categories of international crimes that constitute the jurisdiction of the International Criminal Tribunal for the Former Yugoslavia (serious violations of the Geneva Conventions, violations of the laws or customs of war, genocide and crimes against humanity) and the categories of crimes defined in the Statute of the International Tribunal for Rwanda against humanity and violations of the Geneva Conventions) in the documents of the tribunals have been developed in comparison with the Nuremberg and post-Nuremberg periods. ~ 74 ~ ВІСНИК Київського національного університету імені Тараса Шевченка ISSN 1728-3817 It is shown that the substantive jurisdiction of the ICTY and the ICC does not coincide with the provisions of the Nuremberg and Tokyo tribunals. The differences relate to the list of categories of crimes; parallel jurisdiction of international ad hoc tribunals and national courts; extending the competence of ad hoc tribunals to cases of crimes committed both during wars between states and during internal armed conflict, etc. The content of the categories of crimes, their composition, the subjects of responsibility have been clarified. In particular, the characteristic features of the crime of genocide and crimes against humanity are identified; the conditions, elements and subjects for the recognition of their qualifications are indicated. The author pays attention to the principles of personal jurisdiction, shows that in the decisions of international tribunals ad hoc has developed the principle of individual responsibility for international crimes that constitute substantive jurisdiction. The application of the principle of universal jurisdiction in the activity of tribunals is revealed. The author concludes that the establishment of ad hoc international criminal tribunals and their activities has contributed to the development of the concept of international crime and the separation of a special "Hague" modification. Keywords: international crime, tribunal, "Hague" modification, international justice, jurisdiction, criminal liability