Implementation Of European Legislation Research Articles

WORK INJURY RATE IN THE SLOVAK RAILWAYS COMPANY IN CONNECTION WITH WORK SAFETY

Like all branches of our economy, also railway transport is based on long-term strategic plans whose aim is to create a transportation policy in order to achieve the most appropriate and equal conditions for all carriers. Coping with safety and hazard prevention must be based mainly on the capabilities of each business entity. The paper points out the issue of employees’ work safety in the Slovak Railways company in connection with the European legislation in the field of safety and health protection at work and its implementation into the laws of the Slovak Republic. It also discusses the issues of employees’ safety at workplaces and summarizes the duties of employees and employers in the field of health and safety protection in railway transport and deals with the implementation of European legislation into the laws of the Slovak Republic. The paper also analyses the safety of employees in railway transport in the form of a survey, whose aim is to determine the state of employees’ safety at workplaces and aims to confirm or refute hypotheses regarding the impact of the quality and effectiveness of internal safety regulations of the Slovak Railways on the safety of employees and also whether the employer implements sufficient measures in order to minimize possible accidents at workplaces.

The concept of discrimination on the basis of gender in the international and national system of human rights protection

The paper examines the international and national system of normative legal acts, the concept of discrimination based on gender, and how exactly the rights of women and men are interpreted from the standpoint of equality. It is highlighted how the specifics of women and men are considered in the texts of these documents. It has been established that. the problem of creating effective international and national legislation aims to provide everyone, regardless of gender, with opportunities to participate in political, labor, social, cultural life, and access to material goods. It was with the desire of Ukraine to join the European Union and the implementation of European legislation into the national one that the range of rights and opportunities for women in Ukraine expanded significantly. The greatest attention is paid to guaranteeing the legal protection of women's rights, regarding quotas and promotion, labor and social rights, ensuring the right to education and comprehensive development, etc. It is necessary to note that the main problem highlighted in these acts is due to the biological status and superiority of men. It was concluded that it is necessary to consider legislative acts at the level of European legislation, which are based on the natural characteristics of a person, and to provide an analysis of national legislation regarding discrimination based on gender. Therefore, providing equal opportunities to every member of society (regardless of gender), guaranteeing the free development of the individual, respecting the honor and dignity of women on an equal basis with men are the requirements of the time, especially for the democratic, legal, social state that Ukraine aspires to become. The term "discrimination" comes from the Latin word discriminatio (distinction) and means limiting or depriving certain categories of citizens of their rights and opportunities on various grounds: race or nationality, gender, social origin, political views, etc. There is an urgent need to fill this gap and comprehensively consider issues related to the status of women in society from a fundamentally new point of view, namely from the point of view of the functioning of a single and integral mechanism for ensuring women's rights.

International standards of audit: update of implementation practice in Ukraine

Methods. The methodological basis of the study was the work of domestic and foreign scientists and international audit standards. The results were obtained through the application of methods of analysis and synthesis to generalize the directions of development and existing shortcomings in the activities of audit subjects, to develop the forms of the auditor's working documents; historical and logical when establishing audit quality as a strategic direction of its development; general and special when determining specific steps in response to overcoming current shortcomings and future challenges; system approach for summarizing statements considered by the auditor when identifying risks of material misstatement. Results. The article summarizes the scientific and methodological approaches to determining the quality of audit services as a strategic direction of audit development in Ukraine and the world. Current vectors of audit development and its weaknesses at the organizational and practical levels, in particular, the shortcomings of auditors' activities in assessing the risks of material distortion, are analyzed. The specific steps that should be implemented by the subjects of audit activity within the framework of harmonization with the EU requirements have been determined. Examples of audit procedures (execution of actions in response to assessed risks) in the format of the auditor's working documents are offered. The categories of assertions considered by the auditor when identifying risks of material misstatement are systematized. Novelty. The strategic, scientific-methodical, and organizational-practical foundations of improving the quality of audit activity in the conditions of the European integration of the Ukrainian economy and the implementation of European legislation are summarized. Practical value. The results of the research are of an applied nature since they allow the implementation of relevant strategic directions and scientific and methodological developments, eliminate organizational shortcomings of auditing activities, and form a modern approach to improving the quality of auditing firms in Ukraine, which ensures the confidence of users of financial information.

Consistency of trends in the economic and energy development of Ukraine: Assessment and analysis

Reforming Ukraine’s energy sector is targeted at the implementation of European legislation into national practice. However, the lack of a vision of the country’s energy model, coordinated with trends and priorities of its economic development, is creating a number of problems with its energy supply. The aim of the presented study is to assess the consistency of trends in the economic and energy development of Ukraine. To achieve the goal, a methodological approach to assessing the consistency of trends and structural changes in the economy and energy sector was developed. It was proposed to carry out the assessment based on the analysis of the resource / commodity and production / consumption chains of the electric power industry, and the conditions of the electric power market. It was proved that the trends and structural changes in the economy of Ukraine were not accompanied by corresponding changes in the energy sector of the country. Such inconsistency conditioned: a low level of utilization of installed power generation capacities and, consequently, a high level of unused power generation reserves; a high level of power generation reserves that determined a significant level of non-productive costs and, consequently, a high total cost of power production.

Organizational aspects of formation and submission of financial reporting in iXBRL format

Methods. The methodological basis of the study was the methods of analysis and synthesis – for the actualization of the main problems of the formation and submission of financial statements by business entities in the iXBRL format, the development of measures for the organization and conduct of internal audits of the generation of financial statements; historical and logical – when establishing the theoretical and normative foundations of the formation of financial statements; general and specific – when clarifying the components of the accounting policy of a business entity that prepares reports according to IFRS; systems approach – for the development of a step-by-step algorithm for the formation and submission of financial statements in the iXBRL format. Results. The article summarizes the theoretical and normative approaches to financial statement formation according to international standards for the effective exchange of financial information between different users. The components of the accounting policy of the business entity that prepares the reporting under IFRS have been formed. The composition of the financial reporting package of the business entity in the format of modern, flexible iXBRL technology has been determined. A step-by-step algorithm for forming and submitting financial statements in the iXBRL format prepared according to the IFRS process is proposed. There is outlined the direction of harmonization of the procedure for generating financial reports in the iXBRL format through the development of digital competencies of the accounting staff of the economic entity. Novelty. There are summarized the theoretical-normative and organizational foundations of the formation and submission of financial statements by business entities in the iXBRL format according to IFRS in the conditions of the European integration of the Ukrainian economy and the implementation of European legislation. Practical value. The study results are of an applied nature, as they allow obtaining an up-todate approach to the formation and submission of financial statements by business entities in the iXBRL format, which opens up modern opportunities for the effective exchange of financial information between different users.

Changes in the composition and quality of gas during its movement in the gas supply system

Gas produced at different deposits has different compositions, namely different amounts of methane, propane, nitrogen and so on. Different gas composition determines different physical and chemical characteristics of the gas, its heat of combustion, dew points on water and hydrocarbons, and Wobbe number. Previously, when using gas, little attention was paid to its characteristics, which are guided by the requirements of GOST 5542-87. With the restoration of Ukraine's independence and the transition to market conditions, attitudes toward gas have changed. Gas is a commodity and has a price. With the integration into the European Union, there was not only the implementation of European legislation but also the widespread use of advanced equipment and technologies in these countries. Gas will be metered in units of energy, not volume as before. This forces us to pay more attention to the quality of gas, set stricter requirements for its component composition, and monitor compliance with regulatory requirements in the process of transporting and supplying gas to the final consumer. GOST 5542-87 defined only a few quality parameters. Currently, the Code of Gas Transmission and Gas Distribution Systems, the Technical Regulation of Natural Gas and other regulations determine the quality of gas by more than 20 parameters that meet European standards. The methane content in the composition of natural gas must be at least 90 %, and other components of the gas are regulated. However, different deposits have different methane compositions. These limits range from 85 % to 99 % of methane. Different composition of natural gas affects not only its properties but also the reliability of the gas transmission and distribution system and affects the work of individual end-users. This problem is especially relevant when using gas appliances with high efficiency. The problem of gas quality is important for its metering in Ukraine and in settlements with other countries. The analysis of gas composition and quality during its transportation from the field to the consumer is carried out. It is determined that in the distribution part of the gas transmission system of Ukraine there are deviations in gas quality from regulatory requirements. This reduces the efficiency of some gas appliances and throttling equipment.

Features of insurance risks’ classification as the basis of risk management of insurance companies in the financial crisis

Since the global financial crisis had impacted on all aspects of insurance companies' activities, it became necessary to focus on the activities of insurers and further improve the integrated risk and capital management of global and regional insurers. The purpose of the research is to analyze differences between national and European standards for risk identification in Ukrainian insurance companies, and to provide suggestions for improving the mechanism of risk insurance management. Using the method of comparative analysis and the method of content analysis of national and international solvency standards for insurance companies, the national characteristics of the types of insurance risks and the organization of the implementation of European legislation in domestic practice were determined. By the method of generalization and deduction, the key challenges for improving the effectiveness of insurance risk management in Ukrainian practice were identified. The results of the study shows the necessity to implement a unified system of insurance risk management in Ukrainian practice, which contents national and global characteristics of the functioning of insurance markets. The results of the research have significant practical implications for insurance companies and state government insurance market and can serve as a basis for improvement of theoretical principles concerning the identification of insurance risks and implementing European experience of insurance companies in national practice.

The Subnational Dimension of Europeanization

Despite the increasing influence of European legislation on the subnational level of government and local public policy, until recently, the subnational level has played only a marginal role in exploring Europeanization processes. With the creation of the single market in the early 1990s, the process of European integration began to have a significant impact on local governments across Europe. Subsequently, the development of European regional and cohesion policy resulted in the adaptation of the political and administrative structures of the local units of the Member States. However, the impact of European integration is not one-sided. The European Union's multilevel governance system and the spread of the impact of Europeanization on interstate levels pose new challenges for European cities and local actors and enable them to actively participate and influence political decision-making processes at the European level. The paper first conceptualizes the phenomenon of Europeanization and then identifies and addresses its dimensions and mechanisms in the field of local self-government. Emphasis is placed on the implementation of European legislation by local authorities and the institutional and non-institutional (indirect and direct) participation of subnational units in European governance. In an attempt to provide answers to the research questions, the author used the legal analysis and the teleological and linguistic method.

Особливості правової охорони медичних винаходів: сучасність і перспективи

The modern legal doctrine of intellectual property practically does not investigate the terms of legal protection of inventions in medical practice. Aim. Therefore, the purpose of the article is to clarify the features of the legal protection of medical inventions, the prospects for its improvement. Materials and methods . The study of the peculiarities of the legal protection of inventions in medical practice is based on a systematic approach, in particular, a critical analysis of the state of modern patent law in Ukraine and the prospects for its improvement through the implementation of European legislation in the field of medical inventions. Through comparative legal method the analysis of the Specialized Database of Ukrpatent “Inventions (Utility Models) in Ukraine” concerning the identification of patents for medical discoveries has been carried out. Results . Inventions within medical practice have a specific feature that is manifested in their industrial suitability (sphere of application – medicine) and possibility of fair use only after examination, in particular, medical and biological or clinical trials (experiments) involving human being. Types of inventions in medical practice are: methods of human treatment, devices for the treatment and diagnosis of a person, medicines, strains of microorganisms used to diagnose a person’s disease or for treatment, biotechnological inventions. Conclusions . The peculiarity of medical inventions is as follows: they have their own distinctive division due to the scope of invention’s application (the method of treatment, diagnosis, etc.); must undergo medical and biological or clinical trials (experiments); they must meet ethical requirements. It is established that it requires legislative consolidation at the level of the Law of Ukraine “On Protection of Rights to Inventions and Utility Models”: Ethical Requirements Regarding Biotechnological Inventions; balance of interests, rights of patients and patent holders; the grounds and conditions for granting a compulsory license for medical inventions; the implementation of Directive 98/44/EC of the European Parliament and Council of 07/06/1998 on the legal protection of biotechnological inventions.

The process of implementation of European legislation in the sphere of environmental protection of Ukraine

The article analyzes the process of adaptation of the national legislation to the European standards in accordance with the Association Agreement between Ukraine and the EU. In particular, in the sector “Environmental management and integration of environmental policy in other sectoral policies”, the implementation of Directive 2001/42/EC on the assessment of the effects of certain plans and programs for the environment and Directive 2011/92/EC on the assessment of the impact of certain public and private projects on the environment was considered. The influence of environmental management tools and the integration of environmental policy on other sectoral policies have been determined and their interrelation with the rest of the sectors in the field of environmental protection has been established. It has been established that environmental assessment is the main instrument for ensuring environmental considerations in the development of plans and programs and contributes to sustainable development through the promotion of environmental protection issues in economic and social development.The procedures of strategic environmental assessment and environmental impact assessment have been characterized; their subjects and objects have been clarified. The peculiarities of these procedures, stages and advantages of their application in the national practice of public environmental management are presented. The way of implementation of strategic environmental assessment and environmental impact assessment at the level of the European community is considered, and examples of their practical application at the level of the EU member states are presented.It is indicated that strategic environmental assessment and environmental impact assessment are procedural tools used to prevent any possible negative effects of economic activity on the environment and public health. A comparative analysis of these procedures was carried out and links and differences were identified. It has been proved that the effectiveness of strategic environmental assessment in preventing environmental hazards is significantly higher than environmental impact assessments. The problem aspects and perspectives in the field of practical implementation of legislation in the field of environmental assessment in Ukraine are highlighted.

The introduction the European approach to waste classification in Ukraine

One of the areas of implementation of European legislation on waste in Ukraine is the European approach and the application of the principles of waste classification.The object of study is European Union legislation and applicable legal acts of Ukraine regarding the classification of waste. The comparative analysis of the current Ukrainian and European legislation on waste showed a significant difference in the principles and approaches of waste classification. In National legislation waste is classified by the State Waste Classifier DK 005-96, where waste is no gradation in the degree of danger to the environment and human health. The legislation of the European Union developed a List of waste where the wastes are classified as dangerous or safe, and which is mandatory for use by all Member States.To introduce in Ukraine European approach to waste classification at the State Waste Classifier DK 005-96 was set up national lists of waste, harmonized with the European List of Waste.Using Lists it can be classified as waste produced in Ukraine, determine their affiliation to the safe or dangerous, and develop environmentally safe ways of waste treatment.Waste classification by developed Lists will introduce Internationally comparable data for environmental monitoring programs, and high-quality consistent statistics on waste generation and management.

The impact of European legislative and technology measures to reduce air pollutants on air quality, human health and climate

European air quality legislation has reduced emissions of air pollutants across Europe since the 1970s, affecting air quality, human health and regional climate. We used a coupled composition-climate model to simulate the impacts of European air quality legislation and technology measures implemented between 1970 and 2010. We contrast simulations using two emission scenarios; one with actual emissions in 2010 and the other with emissions that would have occurred in 2010 in the absence of technological improvements and end-of-pipe treatment measures in the energy, industrial and road transport sectors. European emissions of sulphur dioxide, black carbon (BC) and organic carbon in 2010 are 53%, 59% and 32% lower respectively compared to emissions that would have occurred in 2010 in the absence of legislative and technology measures. These emission reductions decreased simulated European annual mean concentrations of fine particulate matter (PM2.5) by 35%, sulphate by 44%, BC by 56% and particulate organic matter by 23%. The reduction in PM2.5 concentrations is calculated to have prevented 80 000 (37 000–116 000, at 95% confidence intervals) premature deaths annually across the European Union, resulting in a perceived financial benefit to society of US$232 billion annually (1.4% of 2010 EU GDP). The reduction in aerosol concentrations due to legislative and technology measures caused a positive change in the aerosol radiative effect at the top of atmosphere, reduced atmospheric absorption and also increased the amount of solar radiation incident at the surface over Europe. We used an energy budget approximation to estimate that these changes in the radiative balance have increased European annual mean surface temperatures and precipitation by 0.45 ± 0.11 °C and by 13 ± 0.8 mm yr−1 respectively. Our results show that the implementation of European legislation and technological improvements to reduce the emission of air pollutants has improved air quality and human health over Europe, as well as having an unintended impact on the regional radiative balance and climate.

Comparison of Acoustic Properties of the Peripheral Walls of Energy Efficient Buildings - Natural and Artificial Materials

Natural eco-friendly materials are widely discussed topic nowadays, especially in the context of the implementation of European legislation into national legislation and with the increasing demands on the energy efficiency of buildings. The majority of builders still prefer the classical artificial materials. One of the reasons is the lack of technical information, particularly in the field of building acoustics and fire safety, which would be demonstrated by appropriate research. The aim of this study is to compare the acoustic properties of selected structures based on natural materials which are based on research results and a series of measurements with conventional materials to demonstrate their competitiveness.

Analysis of accidents in the construction industry in italy

The work aims to analyze the evolution of injury data in the construction sector following the implementation of European legislation in the 90's in the Italian corpus. The previous Italian legislation did not provide for the safety planning and design, but was intended to prevent the risk of accidents with the merely application of the law prescriptions. With the implementation of European Directives and the introduction of the Coordination & Safety plan, the Italian legislation adopted a new approach for safety management. The present work analyzes the official data collected by INAIL (National Institute for Insurance Against Accidents at Work) measuring the efficiency and effectiveness of the new rules applied on different workplaces with particular reference to the construction industry. The work correlates the data with the trend of GDP produced by the industrial sectors and not referring to the absolute number of accidents. The work shows also the amount of economic and social costs of accidents

European Regulators in the Network Sectors: Revolution or Evolution?

The coming into force of the electronic communications directives, the energy directives and Regulation 1/2003 has given the European Commission a new set of instruments to safeguard the uniform application of European law by the 27 independent national regulatory authorities founded by the member states in implementation of European legislation. On the one hand, the Commission has itself acquired wide-ranging powers to monitor and regulate the national authorities both directly and ex ante. It has the power to formulate ex ante rules, including binding comitology guidelines and European policy rules which, on the grounds of Article 10 EC and specific co-operation obligations laid down in European legislation, national authorities must take into account when exercising their powers. The Commission also has the power, in the interests of uniform application of European law, to intervene ex ante in national procedures by making comments, vetoing decisions and/or removing a national authority from a case. On the other hand, the Commission has increasingly used 'hybrid' forms of regulation through the founding of independent European networks of national regulators. Within these networks, the national regulatory authorities in the various member states must co-operate with each other and with the Commission to guarantee uniform application of European law. These networks include the European Energy Regulators Group (ERGEG), the European Regulators Group for Communications Networks and Services (ERG) and the European Competition Network (ECN). A network of financial regulatory authorities had already been set up earlier in the financial sector, in the form of the Committee of European Securities Regulators (CESR). The European networks of national regulators are hybrid in nature. Their lack of legal personality means they do not have the status of 'EU independent agencies' which, established on the basis of European regulations, do have legal personality and are able to carry out their daily tasks at one remove from the European institutions. Neither are the European networks national agencies. The independent European networks of national regulators are increasingly manifesting themselves as autonomous entities. Through hybrid forms of regulation (such as Common Positions or European policy rules) created as a consequence of the interaction between informal European and national actions, they are able to influence the decisions of both the Commission and the national authorities. As part of the reform of European legislation in the network sectors, the Commission is currently looking at the possibilities for uniform application of European law in the member states and looking at ways of improving the co-ordination between the different national regulatory authorities (see section 6). The Commission wishes to increase its own ex ante powers and is examining whether the role of the European networks of national regulators could be further strengthened by the creation of 'European networks plus'. It recently published a proposal for a Regulation founding a European Agency for the Co-operation between Energy Regulators. As this paper will show, owing to the hybrid nature of the European networks and their actions, there are a number of 'accountability gaps' both in the present situation and in the proposals for the 'European networks plus'. This article analyses the problems which arise with regard to the political and legal accountability of the independent national regulatory authorities which work together with each other and with the Commission in the European networks of national regulators or the 'European networks plus'. It devotes attention to the political monitoring by and accountability to the European Parliament and/or the national parliaments at the European and national level, respectively, and to the potential role of judicial oversight by the European Court of Justice and the national courts. A distinction is consistently drawn between the present situation of more informal co-operation between the national regulatory authorities in the European networks and the strengthened co-operation within the 'European networks plus'. This article also makes a number of proposals for improving the accountability of the 'European networks plus'.

Determinants of Transposition Delay in the European Union

Europeanization involves the transposition and implementation of European legislation in EU member states. Whereas EU policy implementation is explicitly recognized as the responsibility of the member states, the new emphasis on benchmarking recognizes that different implementation strategies can be beneficial, provided the outcome is appropriate. New data representing the full EU transport acquis from 1957 to 2004 and the national transposition instruments derived from data bases for Germany, Greece, the UK, Spain and the Netherlands show that only 39 per cent of the acquis was transposed in time. Why do member states not transpose EU directives on time? Logistic and multinomial logistic analysis explains this in terms of the level of complexity of EU directives; the use of national legal instruments that include considerable de facto veto players; and the shorter the transposition time set in the directive, the more delayed the transposition process.

The Importance of National Laws in the Implementation of European Legislation of Biomedical Research

The industrialization and internationalization of biomedical research is not without consequences on the regulation of research or, at least, on the interpretation of that regulation. As more research is done at the international level, the pharmaceutical industry and the research community are calling for a harmonized regulation to limit the administrative burden of controlling clinical trials and to fasten the R&D process. The purpose of this paper is to analyse briefly the role of the national laws in that process. Part I will outline the structure and the nature of the international regulation of research in a European perspective. Using the examples of research ethics committees (RECs), informed consent and the question of liability and liability insurance, Part II will analyze the importance of the national laws in the implementation of this international regulation.

Recent Trends and Developments in the EU in the Environmental Control and Management of Chemicals

In the further development and implementation of European legislation on chemicals and related products the following aspects and trends can be identified: (1) refinement and adaptation of existing legislation and guidelines to technical progress (including extension of testing and risk assessment strategies), (2) preparation and implementation of new directives and regulations, (3) increasing application and further development of screening methods and model approaches, and (4) global harmonization of hazard and risk assessment criteria and procedures in the frame of the International Forum on Chemical Safety (chapter 19 of Agenda 21). The increasing use of evaluation and screening models can be illustrated by the further development and application of specific models such as EUSES and EASE to predict effect and exposure data. On the effects assessment side, models are available or under development to predict the phototoxicity and potential endocrine disruptors (estrogen/androgen binding affinity) of industrial chemicals. Finally, the emphasis that is given worldwide to the global harmonization procedures initiated under chapter 19 of Agenda 21, agreed at the UNCED conference for the environment and sustainable development in 1992, cannot fail to influence further developments in Europe.

The Single European Market and the new regulatory regime in the food sector

Examines the impact of the Single European Market on small and medium‐sized firms (SMEs) in the food sector. The effects of complying with new Single Market regulations have fallen disproportionately on SMEs, which do not have access either to the resources or information available to larger firms. One consequence is that many small firm managers view the Single Market programme purely as an extra regulatory burden, with which they have to comply, without realizing the benefits. Advocates a more conciliatory approach to the implementation of European legislation by officials in the UK. Also highlights the need for a central body to co‐ordinate the implementation of standards and provide advice for SMEs.