Guarantees of implementation of the administrative and legal status of the Commissioner for ECHR cases: current state and prospects for development

The purpose of the article consists in the analysis of the norms of national and international legislation for the elimination of the discrepancies in the legal understanding of the definitions in the field of alternative energy, that is definition and scientific and theoretical substantiation of the notions «alternative sources of energy», «non-conventional sources of energy» and «renewable sources of energy», which will serve for the elimination of terminological discrepancies in national legislation, and will become a basis for uniform practical use of the latter in the field of alternative energy. Urgency of the research is conditioned by the reorientation of world energy sector in the direction of the substitution of conventional fuel sources for those alternative. Since global warming and increasing of the level of anthropogenic emissions as a result of human activity is one of the biggest ecological problems of the universe, international community, together with ecologists and climatologists of all the world are involved in the development and implementation of highly efficient international strategies, which are directed at the decrease of harmful impact of anthropogenic emissions on surrounding natural environment and human health. In order to prevent the climate change and to mitigate global warming the scientists of the entire world proposed a wide range of variants for the mitigation of climate changes of Earth. Among which the key place belongs to alternative and renewable energy sources, which have been identified as the main strategically successful directions of reducing anthropogenic emissions into the natural environment. Today, we can see a trend towards a reorientation of the global energy sector to more environmentally friendly, alternative and renewable energy sources and a departure from traditional fossil energy resources. At the same time, unambiguous interpretation and understanding of the conceptual and terminological apparatus is an important condition for the development and practical use of knowledge. Therefore, it is important to delineate the clear boundaries of the technologies included in the concepts of alternative and renewable sources of energy, as there are differences in the use of these concepts, both in national legislation and between national and international legislation. The article analyzes and systematizes the knowledge as to the categorial instrument in the field of alternative energy and proposes the definition of renewable and alternative energy sources in accordance with the rules of construction of conceptual and terminological apparatus taking into account international experience in this field. The proposed wording of these concepts serves to eliminate terminological inaccuracies in national legislation, and will address the gaps between national and international legislation in the field of application of the categorial instrument in the field of alternative energy.

The issue of legal liability in the pharmaceutical sector is one of the key topics of modern legal regulation of healthcare. In the countries of the European Union (EU), where the pharmaceutical industry has reached a high level of development, this issue is becoming particularly relevant. The aim of the work is to establish the main problematic aspects of harmonizing EU pharmaceutical law with national sectoral legislation. To analyze examples of law enforcement and the experience of the EU. Results. The insufficient level of legislative coherence is proven. The analysis showed that discrepancies between the national legislation of individual countries and European regulations create significant challenges in implementing uniform quality standards for medicines. This complicates the effective fight against drug falsification and ensuring transparency of the pharmaceutical market. The role of legal liability is emphasized. Legal liability in the pharmaceutical sector performs an important regulatory function, contributing to the protection of patients’ rights and ensuring justice in cases of violation of norms. However, the level of its implementation largely depends on the harmonization of the legislative framework and clear mechanisms for bringing it to justice. It has been confirmed that the harmonization of national legislation with European standards (in particular Directive 2011/62/EU and Regulation 2016/161) is a necessary condition for increasing the effectiveness of control over the circulation of medicinal products. The implementation of drug verification systems, mandatory labeling and digital tracking tools is of particular significance. Conclusions. Harmonization of national and European legislation in the pharmaceutical sector is a key condition for ensuring effective control over the circulation of medicinal products and protecting patients’ rights. Strengthening legal responsibility, the implementation of digital tools and the harmonization of legal norms will contribute to the fight against the falsification of medicines and the creation of a transparent market.

In year 1 of the SEISMED project, the Katholieke Universiteit Leuven coordinated the inventory and analysis of medical personal data protection legislation in Europe. A report on legal issues of medical data protection legislation in Europe was written by the Vrije Universiteit Amsterdam, the Centre National pour la Recherche Scientifique (Paris) and the University College Dublin. This report served as a basis for a second important legal deliverable, i.e. the Health Informatics Deontology Code. In this third and final report, we take into account the results of the other two legal reports and we formulate recommendations for the national and European legislator. This report analyses critically the upcoming privacy directive. We propose several recommendations which should be taken into account by the European and national legislator. We focused quite extensively on the use of medical data for research purposes. We had several reasons to do this. One of them is the fact that the use of medical data for research purposes is very popular, in particular now the health care sector is becoming more and more ‘standardized’ by using computers, networksystems and telematics. Legislation is therefore needed. Moreover, the use of medical data for research purposes involves the transfer of data from one Member State to another. Therefore, a harmonized legislation is really needed. We hope that the recommendations we propose, will be taken into consideration by the European legislator.

It is dedicated, a person, his life and health, honor and dignity, inviolability and security are recognized as the highest social value in Ukraine. Due to Russia’s military invasion of Ukraine, millions of Ukrainian citizens were forced to flee the war to neighboring EU member states. These EU member states, in accordance with the norms of their national legislation, guarantee basic rights and freedoms to the citizens of Ukraine. Also, these states are members of the integration association, the norms of primary law of which also guarantee basic rights and freedoms to citizens of Ukraine. The article focuses attention on the catalog of rights of Ukrainian citizens in the EU and on the mechanisms of their protection. It is emphasized that the catalog of human rights contained in the primary law of the EU is not identical to the catalog of human rights enshrined in the national legislation of the EU member states. It is noted that citizens of Ukraine who are in the EU have rights guaranteed to them by EU legislation, which establishes minimum standards, and by the national law of the EU member state in which the citizen of Ukraine resides. The minimum standards of human rights established by the norms of EU primary law must be ensured to every citizen of Ukraine residing in any EU member state. Higher standards of human rights, which are guaranteed by the norms of national legislation, differ in each EU member state. The article highlights the peculiarities of the implementation of the rights of citizens of Ukraine, whose legal regime of stay in the EU is temporary protection. It is emphasized that until March 4, 2022, such a regime did not exist for citizens of Ukraine. Features of the implementation of the following rights of citizens of Ukraine who enjoy temporary protection are highlighted: residence permit; access to work; access to education: children under the age of 18 have the right to study in educational institutions under the same conditions as citizens of the host country; provision of housing; access to social security; access to medical care; access to information about temporary protection; the possibility of obtaining refugee status; the possibility to return to the state of citizenship at any time. It is emphasized that each EU member state independently establishes requirements for the cancellation of the temporary protection status for EU citizens.

The study analyses the statutory provisions of national and European legislation, the practice of the ECHR and national courts in protecting employees' right to privacy in the performance of labour functions. The problem of preserving the “private autonomy” of employees when the employer exercises control over the performance of such functions using technical means and methods is investigated. The need for a normative definition of the limits of restrictions on workers' rights and freedoms in the context of such control has been argued. The purpose of the study is to substantiate the expediency of normative consolidation in the national legislation of certain guarantees for employees in the event of interference of the employer's economic (disciplinary) authorities in the sphere of their private autonomy during the use of technical means. The scientific originality of the study is conditioned by the fact that the issue of the legality of wiretapping telephone conversations, control over electronic correspondence and communication of employees in social networks during the performance of their work functions is part of a set of publications on the limits of employer intervention using technical means in the private life of employees. The subject of the study shows the relevance of the regulatory definition of private autonomy of employees and its boundaries by national legislation regarding legal guarantees against employer encroachments. Protection of the rights of employees during the performance of their work functions from interference by the disciplinary authorities of the employer in the sphere of their private autonomy, surveillance of communication in electronic information networks, the content of telephone conversations, electronic, and other correspondence cannot be effective without a regulatory definition of the permissible limits of such interference in the private life of employees

In the process of developing a legal democratic state on the way to European integration, the Ukrainian society and the state as a subject of law face the next tasks related to the implementation in national legislation, the state policy of standards and principles of international law, embodied, in particular, in the provisions of international agreements between Ukraine and the European community.
 One of the significant agreements that contributed to the revision of the conceptional approaches to law-making and enforcement activities in Ukraine is “The Agreement on Association between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand”, ratified Verkhovna Rada of Ukraine and the European Parliament on September 16, 2014. Under this Agreement, Ukraine undertook a number of commitments, in particular to increase the level of social protection of the population (Article 420 of the Agreement). In order to achieve this goal, among others an effective system of organizational and legal guarantees (means and measures) for ensuring social rights of citizens should be functioning in the state, which in turn should be based on the close cooperation of Ukraine with the European community in the field of justice, freedom and security with to ensure the rule of law and respect for human rights and fundamental freedoms of states (Article 1 of the Agreement). In accordance with the Regulations of article 14 of the Agreement within the framework of such cooperation, the state should attach particular importance to the establishment of the rule of law and the strengthening of institutions of all levels in the field of administration generally and law enforcement and judicial authorities in particular. Cooperation should be aimed, in particular, at strengthening the judiciary, improving its effectiveness, ensuring its independence and impartiality and fight against corruption, and should be based on the principle of respect for human rights and fundamental freedoms.

Interconnections between International and National Criminal Law Relevant to Energy Security

The article examines the problem of protection of human rights in national and international law, which is the most important feature of civil society. Taking into account the importance of the area under study, as well as the importance of a clear settlement of relations regarding the observance of human rights in all spheres of life, the question of the relationship between the norms of national and international legislation in this area is acute. The purpose of the study is to determine the priorities between national and international legislation, as well as to establish the compliance of domestic norms designed to protect human rights with international legal standards. It has been established that the Constitution consolidates the priority of international instruments over national legislation that clearly defines the relationship and interaction of internationally recognized standards and principles with the relevant provisions of the current legislation of Ukraine in the sphere of protection of human rights and fundamental freedoms. This ensures that the participating countries comply with both their home-constitutions and international legal acts. Moreover, the level of global security depends on the level of correlation between the policies of individual states and the provisions of international legal norms. But the standards and principles of international law and international agreements of Ukraine may not be above the constitutional and are a part of the national system of law, which is based on the Constitution of Ukraine. In addition, international standards should not be perceived as immutable, since it may lead to a partial loss of the national identity of the legal system. Therefore, the perception of these international standards should take into account the traditions and specifics of the national legal system. The Constitution of Ukraine shall be a guarantor of preserving national identity in the process of implementation or reception of international standards. It is determined that international legal standards are the determining factor that determines the level of correlation of national legislation with the relevant international legal norms. International legal standards have been defined as the determining factor that reveals the correlation level of national legislation with relevant international legal norms.

The article is devoted to the analysis of general theoretical aspects of determining the administrative and legal status of administrative courts as subjects of interaction with public administration bodies. The basis of the study were modern scientific developments on the subject, as well as current national legislation. The article reveals the category of "status". The essence of the legal status as one of the varieties of the general status of the subject (person, authority, etc.) is analyzed. Scientific approaches to the administrative and legal status are analyzed. The current administrative and legal status of administrative courts in Ukraine is determined. It is concluded that the administrative and legal status of administrative courts is the legal status of administrative courts determined by the norms of administrative law, which consists of a set of elements, the determining factor among which is instance and territorial jurisdiction for public law disputes, one of the parties of which is a public authorities. It was found that among the features of the administrative and legal status of administrative courts as subjects of interaction with public administration authorities should be noted: 1) does not contain the traditional division of elements into rights, freedoms, responsibilities, and is answered only by the competence in the relevant jurisdiction; 2) administrative jurisdiction, according to current legislation, is differentiated into institutional and territorial; 3) is regulated not only by substantive but also by procedural rules of law; 4) consider cases of administrative jurisdiction, in which public administration authorities may act as one of the parties, and administrative courts may interact with these bodies outside the court process.

This paper raises an urgent issue of securing guarantees for the exercise of the right to access information on the state of the environment in international legal documents. Accordingly, the purpose of this paper is aimed at coverage and analysis of international legal norms that establish guarantees for the exercise of human and civil rights to environmental information, as well as access to information about the activities of state authorities. The method for investigating this issue is to analyse the current national legislation, which suggests that international legal norms meet their conditions in national regulations. The presentation of the general material includes the normative content of international legal documents that directly or indirectly relate to the implementation of the right of human and citizen to information and establish guarantees for the exercise of the right to environmental information, as well as the importance of media in covering the activities of state authorities. This paper analyses the state of exercise of such international norms in national legislation. Certain legal guarantees for the exercise of the right to receive environmental information are investigated. Examples of protection of the violated right of access to environmental information are given. To exercise the right to information, it is important not only to have the norms consolidated in the legislation, but also to have a system of guarantees and opportunities for their implementation, which should be provided by public authorities. International legal instruments establish only general approaches to the protection of rights, and their further development and consolidation is undoubtedly the responsibility of national bodies. However, over time, approaches to understanding environmental information, expanding its list, and subjects who have the right to receive it change, and therefore work in this area should continue for a wider opportunity to exercise the right of access to such information. The materials of this paper are of practical value for persons who were denied or made difficult in any form to obtain the desired information, having the right to do so per Article 50 of the Constitution of Ukraine, which stipulates that every person is guaranteed the right to free access to information about the state of the environment.

Purpose: the article reveals the issue of development of information support for the conservation of wetlands. The international and national legislation on the development of information support for the conservation of wetlands is analyzed. Methods of research: the list of normative legal acts and international agreements in this field is determined. The methodological basis of the research comprise general scientific methods of scientific knowledge, such as integrated and interdisciplinary. Results: the main directions of the further development of information support for the conservation of wetlands are determined. It is concluded that the formation and further implementation of the development of information provision for the conservation of wetlands is a complex and urgent task. Discussion: problems of national and international legislation and implementation of norms of foreign legislation to the norms of domestic legislation in the field of development of information provision for the conservation of wetlands. It is concluded that the formation and further implementation of the development of information provision for the conservation of wetlands is a complex and urgent task. The legal status of wetlands in Ukraine today is not sufficiently researched. The regulation of relations regarding the protection, use, ownership of wetlands is regulated according to the category of territory they are located. For many centuries, the socio-negative environmental assessment of wetlands has been formed, which has led to the massive destruction of mires. Swamps were considered evil, ruined places where life can not exist. This led to massive mosquito destruction. Later, a number of studies were conducted to study marshes in terms of their biodiversity. On February 2, 1971, in Ramsar (Iran), the Ramsar Convention or the Convention on Wetlands of International Importance, mainly as a Waterfowl Habitat, which is an international agreement. The purpose of the Convention was to preserve the existing wetlands, mainly as habitats for rare species of animals. Ukraine is a Contracting Party to the Convention. If we look at the root causes of the destruction of unique cells - then, it should be noted the leveling of the role of wetlands for the environment and human life because of the lack of environmental information, environmental education. Unfortunately, this situation persists today, especially in the countries of the former Soviet Union.

Introduction: Nowadays there is the transformation of the national health care system in Ukraine, the ultimate goal of which is to create a modern, competitive model of medical care of citizens on the basis of forming packages of free medical services. However, the model adopted by Ukraine is in contradiction with national legislation in part of free medical aid guaranteed by the Art. 49 of the Constitution of Ukraine, and fragmentary considers positive international practices. The aim of the paper is to determine the mistakes of the reform of the Ukrainian health care system and to reveal the positive international practices of the organization of health care systems that can be implemented in Ukraine. Materials and methods: National and international legislation, official web resources of the executive authorities of Ukraine, statistics of the World Health Organization, materials of journalistic and scientific periodicals are the materials for the research of the health care system in Ukraine in comparison with international practices. Research methods are cross-sectoral, complex statistical, comparative, generalization, analysis and synthesis. In order to obtain the results, the authors have conducted a critical analysis of the current norms of the national Ukrainian legislation in the health care sector. Review: The authors of the article have studied the main disadvantages of the national health care system in accordance with the concept of reforming the medical sector. Positive international practices that can be implemented into Ukrainian system for the real improvement of medical human rights in Ukraine have been revealed. Conclusions: It has been proved that the ongoing reform of the health care system in Ukraine needs to be reviewed and optimized. It has been offered to consolidate a perspective model of the Ukrainian health care system, its principles and guarantees of immunity at the legislative level.

War crimes are the most socially dangerous acts, recognized as such by the entire world community. Criminal liability for their commission is established both by the norms of international law and national criminal legislation. Often such acts are committed by persons who are subordinate and obligated to fulfill the requirements of the given order. The article conducts a study of the features of bringing to criminal liability under the legislation of the Russian Federation for committing war crimes in the case of execution of an illegal order. The author pays special attention to the analysis of the terminology used and its interpretation to the norms of criminal law, as well as its use by law enforcement officers in the classification of war crimes. The work contains a description of the concept of smart bayonets, historical features of its formation and its enshrinement in national law. The criteria for the criminality of the given order and the specifics of the responsibility of the performer of the criminal order are revealed. The study is based on the study of international law and national legislation, a comparative analysis of their formulations and interpretation. An analysis was also carried out of the theoretical approaches of Russian scientists to the understanding of the term «order», the criteria for its mandatory nature and admissibility of execution. Special attention is paid to the peculiarities of regulating military relations. The result of the study is the author’s recommendations regarding improving the norms of Russian criminal legislation on the issue of bringing to criminal responsibility for war crimes committed within the framework of the given order. The author notes the need to introduce additional provisions into the content of Art. 42 of the Criminal Code of the Russian Federation. In particular, it is specified that a war crime may be the execution of an illegal order of officials of the civil state or municipal service, in whose subordination the performer is.

Purpose: the article reveals the issue of developing an electronic access system for information on emissions into the air. The international and national legislation on access to information on emissions into the air is analyzed. Methods of research: the list of normative legal acts and international dossiers in this field is determined. The methodological basis of the research comprise general scientific methods of scientific knowledge, such as integrated and interdisciplinary. Results: the main directions of further development of the updated system of accounting and control of emissions are determined, in particular, on the Internet resources. It is concluded that the formation and further implementation of a comprehensive state policy in the field of climate change, harmonized with international law, is a complex and urgent task. It is necessary to establish a clear accounting of emissions for all forms of pollutants. Discussion: problems of national and international legislation and implementation of norms of foreign legislation to the norms of domestic legislation in the field of development of the electronic system for access to information on emissions into the air.

The article is devoted to the research of current tendencies changes of the content of the right of citizenship under the influence of general integration processes and practices of European Court of human rights. The content of the right of citizenship is subjected under new tendencies assessment taking place in the process of realization of the Association Treaty between Ukraine and European Union. Analyzing the notion of citizenship in the context of Constitution, national legislature, European convention of citizenship differentiation of formal and legal status of an individual, legal relations between an individual and a state, combination of rights and duties according to the current tendencies of the conception of citizenship evolution are carried out. It’s indicated in the work that according to the current realization of the content of the right of citizenship it’s appropriate to maintain practical intention of regulation of legal nature and essence of absent nationality, improving of contextual and legislative principles concerning citizenship and legal identity of an individual in Ukraine as one of the basic constitutional human right. The right of citizenship, as institution of constitutional law, in recent years was proved as subjective right, changing owing to interpretation of citizenship by European Court of human rights within conventional rights and freedoms. At the same time a state, that is the subject of the definition of citizenship policy, regulates all spectrum of issues, connected with citizenship and derivative from above mentioned institution by national legislature. The sphere of citizenship minimally influenced by the norms of international law, that refers legal regulation of citizenship to the internal affairs of a state. A state owns the possibilities to determine a circle of citizens, correcting grounds of citizenship admission, setting restriction for citizens. The right of citizenship is a protection measure of possible behavior directing for the gratification of human interests, appeared in connection with acquirement, changing and outgoing of citizenship. The effectiveness of guarantees of the realization of right of citizenship in Ukraine consists of making legal guarantees that are contained in the norms of laws and depends on logic and systematic expediency, accurate focus and certainty relating specific subject and appropriate social relationship.