EU-Ukraine Association Agreement Research Articles

Researches of the chemical composition of surface water in Ukraine, 1920-2020 (review)

The development of researches of the chemical composition of surface waters (rivers, lakes, reservoirs and ponds) is due to problems that are solved at one stage or another in the development of the country’s economy and are related to water quality issues. Depending on the tasks set during hydrochemical researches, attention is paid to a particular group of chemical components in water: 1) the main ions and their total amount (water mineralization); 2) dissolved gases; 3) biogenic elements; 4) organic matter; 5) microelements (including heavy metals); 6) radioactive elements; 7) specific pollutants. The article presents an analytical review of studies of the chemical composition of surface waters of Ukraine from the beginning of systematic research in the first half of the 20th century to the present day (1920-2020). The authors identified four typical chronological periods in the history of hydrochemical studies of surface waters in Ukraine. I period (1920s-1950s) – the beginning of systematic hydrochemical studies of surface waters; the appearance of regular observations of the chemical composition of water at the posts of hydrometeorological service on the Dnipro and Southern Bug rivers (1930s) and publication of these data in “Hydrological Yearbooks”; hydrochemical studies for selected large projects (Dnipro hydroelectric power station). II period (1950s-1970s) - expansion of hydrochemical research to meet the needs of water and hydropower construction, forecasting their possible impact on the country’s water resources; increasing the number of observation points for the chemical composition of water on large and medium-sized rivers; development of hydrochemistry of reservoirs. III period (1970s – at the beginning of the 2000s) – development of complex hydrochemical researches in the conditions of increasing anthropogenic load on water objects; creation of a system of hydrochemical monitoring of water bodies within the framework of the national system of observation and control of the environment (1973); application of sanitary and hygienic criteria for assessment of water quality – universal maximum acceptable concentrations (MAC); publication of quarterly “Hydrochemical Bulletins” (since 1967); development of radioecological studies of natural waters after the Chernobyl accident (1986); first publication in Ukraine of textbooks on hydrochemistry. IV period (after the beginning of the 2000s) – reformatting of hydrochemical research (monitoring system) to the requirements of the Water Framework Directive of the European Union, especially after the signing of the EU-Ukraine Association Agreement in 2014; reforming the water monitoring system based on environmental rationing with the identification of reference indicators; components of state monitoring of surface waters are the monitoring of biological, hydromorphological, chemical and physico-chemical parameters. The article also describes scientific hydrochemical schools: Institute of Hydrobiology of NAS of Ukraine; Taras Shevchenko National University of Kyiv; Ukrainian Hydrometeorological Institute of the State Emergency Service of Ukraine and NAS of Ukraine.

ASSESSMENT OF THE CONDITION AND PRECONDITIONS OF IMPLEMENTATION OF THE FOREIGN ECONOMIC CAPACITY OF THE AGRICULTURAL INDUSTRY’S GRAIN PRODUCTS SUBCOMPLEX IN UKRAINE

Introduction. The role of the agricultural industry and its grain products subcomplex as the basic functioning direction is strategically important for strengthening Ukrainian competitive positions both from the viewpoint of trade and economic relations and the determinants of political and legal nature. Indeed, grain products subcomplex of the agricultural industry is formalized as a tool to defend and meet national interests in conditions of aggravated problem of quality and safe food deficit. Moreover, favorable preconditions for grain production in Ukraine is the basis of forming of the foreign economic capacity of the agricultural industry’s grain products, which can provide consistent currency revenues to the state budget. The paper aims to research the condition and preconditions of the implementation of the foreign economic capacity of the domestic grain products subcomplex of the agricultural industry. Results. The paper outlines the obstacles that substantially restrict the parameters of implementation of the foreign economic capacity of the agricultural industry’s grain products subcomplex in Ukraine. The lack of favorable preconditions for an investor in the agricultural industry’s grain products subcomplex is emphasized. The condition of implementation of the foreign economic capacity of the domestic grain products subcomplex is analyzed. Moreover, in order to understand the scales and the strategically important role of the agricultural industry’s grain products subcomplex in Ukraine are presented in meeting the global need for grain, the balances of the global wheat market across main countries-exporters. Conclusions. The functioning of the grain products subcomplex of the agricultural industry of Ukraine forms the favorable preconditions to implement its foreign economic capacity. Ratification of the EU-Ukraine Association Agreement has secured the strategic reorientation of the export capacitates of the grain products subcomplex of the agricultural industry from the Russian Federation and the CIS countries towards the markets of the EU Member States. Egypt, China, and Spain hold the leading positions among the importers of domestic grain. The following factors of restriction of the parameters of foreign economic capacity implementation in the agricultural industry’s grain products subcomplex should be emphasized: flawed institutional environment, low level of industry innovative-technological modernization, excessive raw materials orientation of export, poor diversification of foreign sales markets, underdeveloped chain of logistics infrastructure facilities, non-correspondence of domestic and international standards of product quality and safety certification. Keywords: grain products complex, foreign economic capacity, agricultural industry.

Judicial and Legal Reform as an Element of Implementation of the EU-Ukraine Association Agreement in the Field of Justice

The article considers distinctive features of the judicial and legal reform in Ukraine in the context of European integration processes, determines the key elements of the institutional mechanism in the implementation of the EU–Ukraine Association Agreement, outlines the main achievements and prospects in the reform of the judiciary in Ukraine.

Rules of Origin Under the Legislation of Ukraine and Its Correlation with International Treaties to Which Ukraine Is a Party, Including FTAs and PEM Convention

In this article, the author analyses the main rules in Ukraine for determination of the country of origin of goods, taking into account the correlation of rules of origin provisions, which are enshrined, on the one hand, in the domestic legislation of Ukraine and, on the other hand, in international treaties to which Ukraine is a party, including (FTA)s Free Trade Agreement and Pan-Euro-Mediterranean (PEM) Convention. Revised Kyoto Convention Appendix K, EU-Ukraine Association Agreement, PEM Convention, Customs Code of Ukraine, the ‘wholly produced’ criterion of origin, Criterion of sufficient processing of goods, special (free) economic zone, ad valorem percentage rule of origin

The EU’s Request for Arbitration Under the EU-Ukraine Association Agreement

On 20 June 2019, the European Union’s (EU’s) Delegation to Ukraine submitted a Note Verbale to the Ministry of Foreign Affairs of Ukraine requesting ‘on behalf of the European Union, the establishment of an arbitration panel pursuant to Article 306 of the Association Agreement of 21 March 2014 between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part’. The dispute concerns Ukraine’s export restrictions on timber and unsawn wood of certain species, as well as on unprocessed timber of all species, for a period of ten years. While the restrictions appear to be legally difficult to justify for Ukraine, the more interesting and noteworthy element to this dispute is that it is the first trade dispute that the EU is pursuing under a bilateral preferential trade agreement, even though it relates to disciplines that mirror World Trade Organization (WTO) rules and could as well be pursued in the framework of WTO dispute settlement. The article reviews the case and discusses the significance and the EU’s deliberate choice of dispute settlement within the context of the trade agreement. Trade law, EU trade law, Trade dispute, International trade dispute settlement, Trade Agreements, Dispute Settlement, Arbitration, WTO Dispute Settlement, Export restrictions, Forum clauses

Соціальні чинники подолання дивергенції економік України і ЄС: тренди та виклики для національного врядування

The article applies synergistic interdisciplinary approach to the analysis of problems of divergence in the economies of Ukraine and the EU, to evaluate the present state and key problems of implementing the Association Agreement between Ukraine and the EU in terms of the socio-economic modernization of this country. The thesis about slow, partial (only in certain segments), unsystematic overcoming of divergent trends by Ukraine, which appeared in the first years after signing the EU-Ukraine Association Agreement, is substantiated. In particular, there are clear trends of divergence between Ukraine and the EU in the areas of social development, personal security, rule of law, some civil and political rights and freedoms, which is primarily due to insufficient effectiveness of European integration reforms, lack of consensus in the political elite and society with regard to "Road map" of modernization, consequences of Russian aggression and the ongoing armed conflict in the east of Ukraine. At the same time, moderate convergence trends in areas such as social inclusion and innovation have been identified. It is proved that Ukraine still has a strong social foundation for economic modernization breakthrough. In terms of social parameters, Ukrainian society is significantly more powerful than the modern Ukrainian economy from the viewpoint of meeting basic human needs, social components of the quality of life and healthy environment. In particular, in terms of the level and dynamics of innovation, Ukraine is ahead of all post-Soviet member states of the Eastern Partnership and even Romania as an EU member state. It is argued that the Ukrainian Government still monitors mainly the formal fulfilment of the Action Plan оn implementation of the Association Agreement between Ukraine and the European Union and its member states for the years 2018–2024 without analyzing the Action Plan's impact on the institutional effectiveness and indicators of Ukraineʼs socio-economic development. Under such conditions, certain indicators of the Action Plan implementation may give a misconception about the real dynamics of the convergence / divergence process of Ukraine and the EU. This requires improved strategic monitoring of the implementation of the Association Agreement.

КООРДИНАЦІЙНИЙ МЕХАНІЗМ ІМПЛЕМЕНТАЦІЇ УГОДИ ПРО АСОЦІАЦІЮ МІЖ УКРАЇНОЮ ТА ЄС

The article is devoted to the analysis of the legal nature of the implementation mechanism of the EU-Ukraine Association Agreement in the legal order of Ukraine as well as coordination mechanism of its implementation. It is noted that the principles and provisions enshrined in the Association Agreement become the integral part of the contemporary legal order of Ukraine. Nevertheless, due to the peculiarities of the Agreement, Ukrainian authorities introduced special implementation coordination mechanism. It is pointed out that all major central authorities are included in the implementation mechanism and the Government Office for the Coordination of European and Euro-Atlantic Integration being on the forefront of these activities. It is underlined that the amendments introduced to the Constitution of Ukraine in 2019 played the unprecedented significance for the implementation of the Association Agreement. These amendments provided for inevitable foreign policy course of Ukraine for European and EuroAtlantic integration. Special attention is paid to the challenges that authorities are facing in the process of preparation for the implementation of the Agreement. The idea of National Implementation Program’s (NIP) development was supported and the proposals were made regarding the policy issues that need to be included into the NIP.

EU-Ukraine Association Agreement’s Effective Implementation into the Legal Order of Ukraine. Challenges and Successes

Summary This article focuses on challenges and successes of the implementation and application of the EU-Ukraine Association Agreement, which triggered unprecedented political, economic and legal reforms in Ukraine. This article focuses on the constitutional challenges that have arisen for Ukraine in the course of implementing the Association Agreement into its legal system. Two issues form the core of the paper. The first issue is effective implementation and application of the Association Agreement within the Ukrainian legal order. The second issue is compatibility between the Association Agreement and the Ukrainian Constitution. The latest political and legal developments in Ukraine are analyzed through the prism of effective implementation of the Association Agreement and the rise of pro-European judicial activism in Ukraine. In conclusion it is argued that the EU-Ukraine Association Agreement enhanced the adaptability of the national constitutional order to the European integration project and European common values.

Strengthening Judicial Cooperation in Civil Matters Between the EU and Neighboring Countries: The Example of Ukraine and the Baltic States

Abstract Judicial cooperation between EU Member-States and Ukraine is still at a basic level. The EU-Ukraine Association Agreement does not prove an appropriate approach, and their relations are regulated mostly with the bilateral agreements. The Baltic states and Ukraine, which are the focus of this research, are deeply engaged by their close geographical location, common historical issues and friendly relations, and seek further development of their relations. This should be accompanied by mutual judiciary trust and therefore by the corresponding evolution of bilateral relations proper to this trust. The following types of judicial cooperation in civil matters were chosen as objects of this research: recognition of Baltic States’ courts’ judgments in Ukraine, as well as service of documents and taking of evidence in Ukraine. The conclusions consist of several proposals related to deeper judicial cooperation between Member-States and third countries, illustrated by the example of the Baltic States and Ukraine, in light of the right to fair trial and mutual trust in the judiciary.

Principles and Values of the European Union as a Legal Basis for European Integration

Summary The article is devoted to the analysis of the legal nature of principles and values of the European Union, their ethimology and genesis, as well as their place and role in the legal order of the EU. One can argue that in the contemporary legal order of the European Union principles and norms that are enshrined in the founding documents of the European Union, stipulate the founding basics of the legal system of the EU. Besides, they execute the regulatory function in the relations between an individual and society. It is pointed out in the work, that principles and values appeared in the European Union law not at the same time. If principles were fixed in the first founding treaties when they were concluded, then the provisions on values were included in the founding treaties only recently that is in the latest Lisbon edition of 2007. It is underlined that the infringement by an EU Member State of values may result into imposing of sanctions against the infringer. However, EU principles and values acquire the particular importance in the course of the conclusion of international agreements with the third countries. With this regard the provisions of the Association agreement between Ukraine and the European Union and its Member States. Special attention is paid in the article to the investigation of the legal mechanism of the implementation of the EU-Ukraine Association agreement in the legal order of Ukraine as well ae the effect of principles and values on the process of legal reforms in Ukraine.

RIGHT OF REPRODUCTION AND RIGHT OF MAKING AVAILABLE TO THE PUBLIC IN THE EU-UKRAINE ASSOCIATION AGREEMENT

The article deals with the analysis of two specific exclusive economic rights: the right of reproduction and the right of making available of works to the public in such a way that members of the public may access these works from a place and at a time individually chosen by them and compares them under the domestic Ukrainian legislation and under the EU-Ukraine Association agreement. The concepts of «reproduction» and of «communication to the public» are considered. It is concluded that the right of reproduction is the most basic right since it forms the basis of most forms of exploitation of a work. Reproduction is, in reality, the copying of a work in any manner or form. At the same time, it remains uncertain in Ukraine at the legislative level that the right to reproduction of work includes direct or indirect reproduction and reproduction in whole or in part. These issues are up to the court to decide. It is concluded that the approach when the right of making available of works to the public is included in the broader «right of communication to the public» is applied in the EU Member States (Articles 3 and 4 of Directive 2001/29 /EC) and is reflected in Art. 174 Association Agreement. In addition, the concept of communication to the public in the EU must be construed broadly, as referring to any transmission of the protected works, irrespective of the technical means or process used, this concept includes two cumulative criteria, namely, an ‘act of communication’ of a work and the communication of that work to a ‘public’. This approach should be implemented in the Ukrainian legislation.

COPYRIGHT EXCEPTIONS AND LIMITATIONS IN THE EU-UKRAINE ASSOCIATION AGREEMENT

The article deals with the analysis of copyright exceptions and limitations in the EUUkraine Association Agreement and the procedure for their application. The principles of the free use of works are analyzed; an explanation of how to separate the provisions of the Association Agreement that are directly applicable and not directly applicable is given.The limitations on the fixation right, broadcasting and communication to the public, distribution right, reproduction right and exceptions related to computer programmes and databases are investigated. Conclusions on provisions of the Association Agreement which should be implemented into domestic law have been made.

Проблеми правового регулювання спрощеної реєстрації ветеринарних препаратів в Україні

Статтю присвячено дослідженню особливостей правового регулювання спрощеної реєстрації ветеринарних препаратів у світлі гармонізації законодавства України із законодавством ЄС. Відзначено, що у зв’язку зі складністю підготовки повного реєстраційного досьє в законодавстві багатьох країн, в тому числі країн Євросоюзу передбачено низку можливостей для спрощеної реєстрації ветеринарних препаратів шляхом подачі скороченого переліку матеріалів реєстраційного досьє.
 Здійснено аналіз відповідного законодавства ЄС, зокрема положень Директиви 2001/82 щодо спрощеної реєстрації ветеринарних препаратів. Визначено, що в праві ЄС передбачено можливість подачі неповного досьє у випадках реєстрації генеричних чи гібридних ветеринарних препаратів, ветеринарних препаратів з добре вивченим ветеринарним застосуванням, ветеринарних препаратів з фіксованою комбінацією, ветеринарних препаратів, що реєструються за інформованою згодою. Доведено, що на сьогодні правове регулювання такої реєстрації в Україні потребує вдосконалення.

Civil Control over Implementation of the Commitments under the EU-UKRAINE Association Agreement

Civil Control over Implementation of the Commitments under the EU-UKRAINE Association Agreement

Mechanizmy rozstrzygania sporów UE–Ukraina

The article analyses the essence of dispute settlement mechanisms existing in the framework of the EU–Ukraine relationship. It considers the evolution of the dispute settlement mechanisms over the last 30 years, types of mechanisms provided by the EU–Ukraine Association Agreement being in force. Particular attention is paid to the analysis of the first case of a trade dispute which is resolved using the arbitration procedure under the Association Agreement with Ukraine on the export of raw wood.

Problem of energy efficiency in the model of sustainable development in Ukraine: EU experience

The paper outlines major preconditions of development of energy efficiency programs and the process of their introduction from the perspective of sustainable development concept. Energy saving measures of European Union are examined, its experience and results, like green books and Thermie programs, etc are analyzed. The paper also specifies relevant activities and responsibilities undertaken by Member States by 2030 and the rates planned to be achieved. The experience of neighboring Poland in energy efficiency promotion is analyzed, as far as the country most closely resembles Ukraine by the initial rates in 1990. We calculated conditional losses of Ukraine in 2017 as the gap between the rates of energy efficiency of Ukraine and Poland (similarity of climate conditions and the state of housing funds allowed us to assume that the comparison will be the most correct regarding Ukraine). The results of calculations make us conclude that the funds are used most efficiently if the money designated, for example, for subsidizing of population are directed at strengthening of energy efficiency (at least up to the level of neighboring country). It will result in saving of about 40 billion. This is the amount defined as Ukrainian capacity in terms of improvement of energy saving and possible results of its realization. The paper determines the stage Ukraine is at in introduction of energy efficiency measures and programs: “warm loans” program; conditions regarding energy saving in Ukraine enshrined in the EU-Ukraine Association Agreement; creation of legal basis, namely the Law of Ukraine “On Energy Efficiency Fund” as of 8 June 2017. The role of newly created Energy Efficiency Fund is analyzed. Special attention is paid to the fact that energy efficient construction is one of international liabilities undertaken by Ukraine. The presence of The Active House Alliance at Ukrainian market is an important achievement in this sphere as it is the non-profit association aiming at creation of housing concept corresponding to the sustainable development principles.

Legal regulation of state support for small business: experience of Ukraine and Poland

For countries with a market economy small business is an attractive form of business organization because of its flexibility and mobility, which are so necessary for the Ukrainian economy. The purpose of the article is to analyze the experience of legal regulation and state support of small business in Poland and Ukraine and to determine its relevant directions for implementation in Ukraine. In Poland the approach of strategic building of state regulation of business within the framework of legal strategies for 3-4 years has proved its efficacy. Such principles of polish “New Constitution for Business 2017”, as the principle of proportionality of punishment for the violation; the principle of acquiescence; direct liability of civil servants for violation of the law, are innovative for Ukraine. The obvious disadvantage of the Ukrainian small business support system is the predominance of financial instruments, while the regional and local mechanisms for its implementation are under-developed. Ukraine's successes in the legal state regulation of small business in the field of administration are important. The legal foundations for expanding access to public procurement in Ukraine have proved their effectiveness. European small business support tools, that are effective in Poland can and should be used in Ukraine. Close attention to the problem of insolvency is needed in Ukraine. A thorough study of the institutional development of small business support in Poland is relevant. Important for the Ukrainian economy, the direction of foreign trade development is still in its infancy. The EU-Ukraine Association Agreement has already lifted most trade restrictions on the EU export market for Ukrainian exporters, but this is only a search for ways to reach the world market.

Екологічна складова експортної політики підприємств агробізнесу в умовах угоди про асоціацію між Україною та ЄС

Екологічна складова експортної політики підприємств агробізнесу в умовах угоди про асоціацію між Україною та ЄС

Принципи і цінності Європейського Союзу і правопорядок України

The article is devoted to the analysis of the legal nature of principles and values of the European Union, their ethimology and genesis, as well as their place and role in the legal order of the EU. One can argue that in the contemporary legal order of the European Union principles and norms that are enshrined in the founding documents of the European Union, stipulate the founding basics of the legal system of the EU. Besides, they execute the regulatory function in the relations between an individual and society. It is pointed out in the work, that principles and values appeared in the European Union law not at the same time. If principles were fixed in the first founding treaties when they were concluded, then the provisions on values were included in the founding treaties only recently, that is in the latest Lisbon edition of 2007. It is underlined that the infringement by a EU Member State of values may result into imposing of sanctions against the infringer. However, EU principles and values acquire the particular importance in the course of the conclusion of international agreements with the third countries. With this regard the provisions of the Association agreement between Ukraine and the European Union and its Member States. Special attention is paid in the article to the investigation of the legal mechanism of the implementation of the EU-Ukraine Association agreement in the legal order of Ukraine as well ae the effect of principles and values on the process of legal reforms in Ukraine.

Ukraine’s commitments under Association Agreement: challenges and opportunities for the steel industry

The steel sector stands for a quarter of Ukraine’s industrial gross value added and is a backbone of the country’s economy. However, owing to lastingly insufficient investments to modernisation, the industry is largely obsolete: 70–80% of the production facilities are in operation beyond their final designed term of exploitation. Technology backwardness, coupled with excessive iron ore mining, results in an enormous environmental footprint. Owing to the domestic political and socioeconomic factors and severe competition on the global scale, the steel output hit its historic low in 2017. Recently, the EU became major Ukraine’s trade partner with steel export share of 32% in 2017. Modalities of this partnership will be gradually shaped in context of the EU-Ukraine Association Agreement (entered into force since 01.09.2017), which stipulates transposition into Ukrainian law of some European directives, potentially sensitive for the iron and steel sector. In this paper, the current state of Ukraine’s steel industry was analysed, focusing competitiveness and environmental impact. The analysis performed reveals that short-term implications of the Association Agreement may expose the Ukrainian steelmakers to additional costs; however, the need to comply with the EU regulations is seen as an important factor, motivating the steel industry to modernise and, in the long-term, improve its economic performance and reinforce competitiveness.