Implementation Of International Standards Research Articles

Митна політика України в контексті сучасних суспільних викликів

Митна політика України в контексті сучасних суспільних викликів

Harmonizing the COVID-19 sample biobanks: Barriers and opportunities for standards, best practices and networks

The coronavirus disease 2019 (COVID-19) pandemic has highlighted the practice of infectious diseases biobanking, as well as existing challenges and opportunities. Thus, the future of infectious diseases biobanking in the post-pandemic era, shall not be an “entry-level version” of its counterpart in non-communicable diseases and large population cohorts, but incorporate the lessons learned. Biobanks constitute a critical research infrastructure supported by harmonized practices through the implementation of international standards, and perceived within the broader scope of healthcare's intersection with research. This perspective paper considers the barriers in biobanking and standardization of practices, as well as the emerging opportunities in the field.

ІМПЛЕМЕНТАЦІЯ МІЖНАРОДНИХ СТАНДАРТІВ РАТИФІКОВАНИХ УКРАЇНОЮ ДО НАЦІОНАЛЬНОГО ЗАКОНОДАВСТВА ЩОДО ЗНИЖЕННЯ РИЗИКУ РОЗВИТКУ ПРОФЕСІЙНИХ ЗАХВОРЮВАНЬ ТА ВИРОБНИЧОГО ТРАВМАТИЗМУ

Implementation of international standards ratified by Ukraine to national legislation on reducing the risk of occupational diseases and occupational injuries: ISSN 2223-6775 Ukrainian journal of occupational health Vol.18, No 2, 2022https://doi.org/10.33573/ujoh2022.02.083 Implementation of international standards ratified by Ukraine to national legislation on reducing the risk of occupational diseases and occu

Strategic priorities of fnancial market development in Ukraine

The article analyzes the current state of the fnancial market of Ukraine and assesses the dynamics of its development in the framework of the implemented fnancial and credit policy of the state during the war. The main factors influencing the development trends of the domestic fnancial market are identifed and substantiated. Emphasis is placed on the need to support the fnancial and economic system of the country through the widespread use of various types of securities as effective fnancial instruments to attract investment capital to restore destroyed infrastructure, industrial facilities and further development of all sectors of Ukraine in the war and postwar period. Today there is no doubt that the further development of the fnancial market depends on the availability and accessibility of various sources of investment resources that will be used to support Ukraine's economic development. An analysis of a number of current domestic regulations on simplifying the attraction of investments and expanding the list of fnancial instruments. Approaches to the organization of state regulation of issues of issue, circulation, redemption and redemption of new securities are highlighted. The influence of digitalization of economic processes on the emergence of innovative fnancial instruments such as bank certifcates of deposit, infrastructure and green bonds is substantiated. It is proved that the intensifcation of operations on placement and circulation of bank certifcates of deposit will help revive the stock market and ensure the inflow of investment capital into the banking system of Ukraine. At the same time, the issue of infrastructure and green bonds will provide ample opportunities to attract fnancing to support the greening of Ukraine's fnancial system. An analytical review of the features of issuance and circulation of innovative fnancial instruments in the international space and European countries in particular. The main characteristics of the world fnancial market are analyzed, the experience of the world's leading countries in the organization and use of alternative fnancial instruments is revealed. The expediency of using the project fnancing mechanism is substantiated in view of the emergence of alternative fnancial instruments for attracting investment funds through the disclosure of their nature, purpose and features of application. The directions of implementation of foreign experience in the application of the project fnancing mechanism in the national economy are outlined. The influence of the trajectory of previous development and functioning of the fnancial market of Ukraine on modern investment processes of the country is determined. Based on the generalization of world experience in the circulation of innovative fnancial instruments, taking into account the peculiarities of the domestic fnancial market, the main strategic priorities of the fnancial market in Ukraine, including the formation of favorable conditions for capital investment for potential investors; increasing the liquidity of modern fnancial instruments; introduction of a number of tax benefts with control over their proper application; providing reliable state guarantees for the protection of foreign investments; creation of tools to reduce the risks of fnancial transactions; inclusion of Ukrainian securities in international indices;implementation of international standards for the functioning of capital market infrastructure etc. Practical recommendations for minimizing risks in the process of implementing investment projects, taking into account the conditions of Ukrainian legislation and the business environment. Key words: fnancial instruments, bank certifcates of deposit, infrastructure bonds, green bonds, military treasury obligations, investment capital, project fnancing, tax benefts.

Standards as Information Source for Laboratories

The article provides an overview of the role of standards, their development, characteristics, validity and retrieval, including the way of how to obtain their full texts. It discusses international, European and Czech standardization bodies. It also deals with the implementation of international standards into the Czech standards system. It gives a list of selected Czech standards and standardization documents of relevance to analytical laboratories.

JINOIY FАOLIYATDАN OLINGАN DАROMАDLАRNI LEGАLLАSHTIRISH JINOYATI YUZАSIDАN АSOSIY TUSHUNCHАLАR VА KVАLIFIKАTSIYA MАSАLАLАRI

In the world, special attention is paid to the fight against crime, the imposition of punishment on the basis of the principle of justice for crimes committed by the courts, and the liberalization of criminal legislation. In particular, much attention is paid to establishing liability for the legalization of proceeds from crime and preventing its causes and conditions, proper qualification of this crime and increasing liability for its commission, and strengthening the implementation of international standards in national legislation. One of the main factors creating the shadow economy is the legalization of proceeds from crime. The main part of criminal proceeds is legalized by circumventing control and putting them into commercial circulation. There are various ways to legalize income received in this way. Cash and other valuables obtained illegally can be deposited with a bank or spent, for example, on the purchase of the real estate. The property is then sold and the money becomes legal. This article analyzes the views and opinions of various scientists on the concept of money laundering.

Implementation of international cyber security standards in the national legislation of Ukraine

The article is dedicated to the study of the implementation of international norms in the field of cyber security in the national legislation of Ukraine. The information society creates the need to form a new type of intelligence capable of embracing the latest reality of information technology. Technological changes in the 21st century require a change in the unilateral technocratic paradigm. In this context, the topic of the study - the implementation of international standards in the field of cyber security - is relevant. The problems of cyber-attacks are urgent problems for every country in the world through the global digitization of information. These attacks are becoming more frequent. Cybercriminals do not stand still, creating more and more ways to attack and damage cyberspace, improving their viruses and malware. This is especially true for cyber-attacks on the Internet, the consequences of such attacks are unpredictable. Often these consequences are a malfunction of the cyberspace system (internet connection is lost). In the face of external aggression, Ukraine has clear intentions to join Euro-Atlantic and European structures. The multiple threats and dangers are aimed at destabilizing Ukraine. In various countries around the world, the fight against cyber terrorism is the functional responsibility of the intelligence unit and military forces, in order to carry out offensive and defensive actions on the Internet. Cybersecurity issues in the context of global threats lead to the emergence (creation) of new problem-solving mechanisms associated with the invasion of cyberspace on a global scale. The results of the research can be used to further conceptualize the definition of cybersecurity and its impact on Ukrainian law.

Towards Nondiscrimination and Gender Equality: The Role of International Labor Standards

Gender equality and the prohibition of discrimination are not only one of the fundamental human rights, but also a necessary basis for achieving sustainable development. Kazakhstan’s global rankings for gender equality in recent years show a steady decline, despite the legislation formed during the period of independence, which guarantees the prohibition of any form of discrimination and the proclamation of gender equality as a priority of national policy. An important aspect of reforms, ensuring their effectiveness, is changes in legislation. International labor agreements are mechanisms for the transformation of national legislation and practice on the basis of universally accepted standards for more sustainable development of employment and the labor market. This study analyzes the effectiveness of the national legal framework of Kazakhstan from the standpoint of implementation, compliance with international standards of prohibition of discrimination and ensuring gender equality. An analysis is made of how universal norms can affect the development of national legislation. The article concludes that the laws aimed at the implementation of international standards for promoting the prohibition of discrimination and gender parity do not fully achieve their intended goals due to a weak law enforcement mechanism and the lack of full practical implementation of the country’s obligations. Legal solutions are proposed to neutralize the inconsistency of the internal Kazakhstani labor legislation with international standards, as well as the necessary accompanying elements of changes in civil procedural, social, administrative, and criminal legislation. An overview is presented of how the ratification of ILO acts will further improve conditions in the labor market and what changes in laws will be required in the future.

Implementation of international standards of child-friendly justice to the administrative legislation of Ukraine

The article is devoted to the peculiarities of the implementation of the basic principles of justice for children in cases of administrative offenses. It is noted that every year in Ukraine more than ten thousand juveniles are brought to administrative responsibility for administrative offenses. But it is in this type of jurisdictional proceedings that the norms of Ukrainian legislation take the least into account the specifics of the administration of justice for children, which are determined by international standards and guidelines for the protection of children's rights. The purpose of the article is to clarify the content of international standards and guidelines for the administration of child-friendly justice and to identify existing problems of their implementation in the Ukrainian legislation on administrative offenses. It is established that the basis for the protection of the rights of juveniles prosecuted for administrative offenses is a set of interrelated and principles of administrative tort and international legal standards (rules) of treatment of children in the administration of justice. The second group of principles consists of the following principles, such as: ensuring the best interests of the child; access of the juvenile to the court and obtaining the necessary information in a form and manner accessible to the child; participation of the minor in the administrative tort proceedings against him (the principle of active participation, including the presumption of the child's ability to be a full participant in this relationship and the mandatory participation of the minor in the administrative case against him); free expression of the child's views and consideration of his opinion (the principle of being heard); the use of detention and forced detention of children only as an exceptional measure and for the shortest possible time; presumption of vulnerability of administrative and procedural rights of the child. These principles need to be more actively implemented in the norms of Ukrainian administrative law.

"ВОПРОСЫ АНАЛИЗА СОЦИАЛЬНО-ПРАВОВЫХ ФАКТОРОВ ЛЕГАЛИЗАЦИИ ПРЕСТУПНЫХ ДОХОДОВ"

The article analyzes the general concept of money laundering. The article analyzes the general concept of money laundering. All over the world, the international community, including the United Nations, recognizes the legalization of proceeds from crime as one of the most widespread and dangerous transnational crimes. The growing danger of the legalization of criminal proceeds in the modern world is of concern to the vast majority of countries in the world community. According to experts, “in recent years, the proceeds from various kinds of crimes in the field of money laundering have been from 2 to 5% of the total world gross product, that is, from 1 to 3 trillion US dollars”. With the globalization of the world financial system, the question arises of the need to coordinate the efforts of states to combat money laundering at the international level. In the world, special importance is attached to the fight against crime, the imposition of sentences by the courts for crimes committed in accordance with the principle of justice, and the liberalization of criminal legislation. Thus, special attention is paid to conduct research in the field of determining responsibility for the legalization of proceeds from crime and preventing the causes and conditions that contribute to its occurrence, the correct qualification of this crime, and strengthening the implementation of international standards in this area in national legislation.

ЖИВОТНОВОДСТВО В КАЗАХСТАНЕ: ПРОБЛЕМЫ РАЗВИТИЯ

The research was carried out in order to highlight the main problems that impede the increase in the competitiveness of Kazakhstani animal husbandry. The indicators of productivity (milk yield, shearing of wool from one sheep, etc.), as well as aggregated data (production volumes, indices of the physical volume of gross production) were used as criteria for assessing the development of the industry. In Kazakhstan, the share of beef pedigree cattle in 2019 accounted for only 11.5% of the total cattle population. The average live weight of cattle was 336 kg, the average slaughter weight was 175 kg, which is 2 times lower than world standards, the average live weight of 1 bird was 2.2 kg. The republic has a weak base for the production of basic feed for the fattening contingent, due to which its supply with such feed is at the level of 57.8% of the scientifically grounded norm. The share of breeding stock of dairy cattle (as of January 1, 2018) is 2.8%, birds of all types - 12.3% of the total livestock, sheep - 14.8%. In modern conditions, in order to increase competitiveness, it is necessary to focus efforts on solving such problems as providing highly productive breeding cattle and poultry; improving the fodder base by expanding the crops of corn, soybeans, alfalfa, chickpea; strengthening of preventive work against especially dangerous animal diseases; adaptation of scientific developments in the field of genetics, selection and fodder production to the current economic conditions in animal husbandry; accelerating the transfer of animal husbandry to new technologies; implementation of international standards for product quality and management

ЗНАЧЕННЯ АКТІВ МІЖНАРОДНОЇ ОРГАНІЗАЦІЇ ПРАЦІ ДЛЯ СУДОВОЇ ПРАКТИКИ УКРАЇНИ

The article analyses the peculiarities of the application of the standards of the International Labour Organization in the judicial practice of Ukraine. Despite the fact that the claimants very often, when filing the lawsuits, strengthen their argumentation by referring to the ILO Convention or Recommendation, these international standards do not form the direct basis of the subsequent court decisions. This circumstance is viewed primarily as one resulting from the tendency of understanding the concept of international labour law as international public labour law, namely, when the law that is associated with the cooperation of states, interstate associations, international organizations, and national level social partners. Its subject is interstate public relations, regarding the establishment and implementation of international standards of human rights in the field of labour. In turn, international public labour law is always characterized by a complex nature, which is expressed by the combination of elements of international law with national labour legislation. So, on the one hand, after the ratification of an international act, under the Article 9 of the Constitution of Ukraine it becomes part of the national legislation and in the future, moreover, its provisions do not actually function independently, but are developed in the legal acts of Ukraine. But, on the other hand, the given circumstance in no way eliminates the possibility of direct application of the international standard in the case of non-regulation of the relevant issue in the legal acts of Ukraine. This is expressly specified in the Article 81 of the Labour Code. The rule states that, if an international agreement in which Ukraine participates establishes rules other than those contained in the legislation of Ukraine on labour, the rules of the international agreement are applied. Taking into account the enormous regulation of employment relationships at the state level, in Ukraine, the direct application of ILO conventions and recommendations is appropriate, first of all, in cases of gaps existing in national legal acts. In addition, it should be noted that the ILO Constitution obliges each ILO member state to report on the measures it has taken to apply the ratified Conventions. Such reports are based not only on national legislation, but also on judicial practice. This fact strengthens the role of the judiciary in the implementation of Ukraine's international obligations, because the results of its activities may affect the international image of the state. In addition, active involvement of the courts in the implementation of international standards at the national level creates a unique pool of information that allows the ILO to develop further ways of effective international regulation in the field of labour.

ДОПУСТИМІСТЬ ДОКАЗІВ У КРИМІНАЛЬНОМУ ПРОЦЕСУАЛЬНОМУ ПРАВІ КРАЇН ЄВРОПЕЙСЬКОГО... СОЮЗУ ТА ЙОГО ВПЛИВ НА КРИМІНАЛЬНЕ СУДОЧИНСТВО УКРАЇНИ

The article is devoted to the study of admissibility of evidence in the criminal procedural law of the European Union and its impact on criminal justice in Ukraine. Authors analyze the legislative regulation and scientific approaches to determining the admissibility of evidence in European countries. The article establishes that there is no unity among the EU member states in determining the legal nature of the admissibility of evidence in criminal proceedings, namely: there are legal systems that strictly filter the information admitted to the trial (the so-called «controlled systems»), and legal systems that leave it to the discretion of the judge to assess the expediency of ignoring illegal evidence («free evidence systems»). Beyond this general distinction, evidence laws vary considerably among countries. As well as the rules of obtaining and admissibility of different types of evidence (witness testimony, interception of telephone conversations, etc.). Authors emphasize that with the increasing volume and importance of cross-border investigations in the European Union, ensuring the admissibility of evidence obtained in another Member State becomes crucial for both effective law enforcement and the protection of fundamental rights. National prosecuting authorities often investigate crimes in which part of the evidence is located abroad (a witness is abroad, the crime was committed by passing through a foreign territory, the offender crossed the border, or the crime was committed in a digital environment, etc.) In accordance with Article 6 of the European Convention on Human Rights (ECHR) and Articles 47 and 48 of the Charter of Fundamental Rights of the European Union, it is necessary to ensure that evidence obtained during cross-­border investigations does not lead to its illegal or unfair use. It is concluded that the implementation of international standards, the study of the judicial practice of the European Union and the results of the work of scientists will contribute to the updating of the criminal procedural legislation of Ukraine, but it is important to take into account the national peculiarities of criminal proceedings.

Principles of implementation of international standards in the field of human rights

Principles of implementation of international standards in the field of human rights

Implementation of international standards of human genome, embryo, and genetic data security in the Russian criminal law

Implementation of international standards of human genome, embryo, and genetic data security in the Russian criminal law

Implementation of International Standards on Auditing by the Brazilian Courts of Auditors

This study aimed to analyze the process of implementation of international auditing standards by the Brazilian Courts of Auditors (TCs), through exploratory research and survey, using two questionnaires, with open and closed questions, sent to all TCs and institutions that support their activities. The survey results showed different movements made by the TCs in adhering to the rules, in line with previous research on the practices of Brazilian audit courts and of the Supreme Audit Institutions. Of the 20 TCs responding (61% of the total), 60% started the process of implementing the standards, but only 10% concluded. The international auditing standards whose implementation is more advanced are the NBASP 20 and 30, which bring the principles of transparency and accountability together with the management of ethics by the TCs. The findings regarding the wide availability of training on the subject, the support provided by organizations, and the absence of the need to use financial resources for implementation by the bodies that completed the process, raise doubts about the motivations of the TCs that did not initiate the process. Despite the efforts made to qualify the performance of the TCs, there seems to be a long way to go towards completing the implementation in the country due to the lack of forecast by most respondents.

IMPLEMENTATION OF INTERNATIONAL ANTI-CORRUPTION STANDARDS IN THE ECONOMIC SPACE

Corruption as an anti-social phenomenon was initially considered in the moral, social and legal dimension. It was not until the 1970s that corruption began to be studied as an economic category and became a subject of systemic economic analysis. It should be emphasized that in legal practice, corruption is most often interpreted as a socially dangerous illegal phenomenon, which is a consequence of blackmail, bribery, venality of officials that use their authority for personal enrichment, disregarding the interests of other members of society. Therefore, corruption is usually seen as a type of offense and criminal actions of officials in contradiction to the interests of the state and its citizens. And anti-corruption measures are associated with the improvement of the current legislation in terms of ensuring the inevitability of responsibility for corruption and corruption-related offenses. At the same time, given that corruption is inseparable from the shadow economy, it is necessary to study these two phenomena as a single system and consider anti-corruption policy as a key component of the fight against the shadow economy. The world community, in particular the EU, has a well-developed system of state regulation, which many countries are guided by. Despite this, the budgets of EU countries lose a certain amount each year from corruption schemes in the economic sphere. The aim of the article is to study the theoretical and institutional foundations of anti-corruption policy as a component of the fight against shadow economy to update the powers of relevant authorities in terms of their implementation in international anti-corruption standards in the economic space. In Ukraine, anti-corruption policy is implemented in the context of the creation of an institutional system to prevent and combat corruption, which includes specialized organizations, legislation, the formation of special mechanisms to prevent and combat corruption, etc. At present, the following bodies have already been established and are functioning in Ukraine: National Agency on Corruption Prevention (NACP), National Anti-Corruption Bureau of Ukraine (NABU), Specialized Anti-Corruption Prosecutor's Office (SAPO), Asset Recovery and Management Agency, High Anti-Corruption Court of Ukraine, and some tasks in the field of combating corruption are performed by the prosecutor's office and the National Police of Ukraine. The State Financial Monitoring Service of Ukraine collects, analyzes and publishes information on suspected cases of withdrawal of funds of possible criminal origin. The results of the conducted research indicate that most of the goals set by the Anti-Corruption Strategy for 2014-2017 were not achieved in the previous years. Consequently, measures should continue to be taken both to increase the effectiveness of institutional mechanisms for preventing and countering corruption and to eliminate corruption risks in different sectors (primarily those where there is a high experience of corruption and/or the worst perception of corruption of the institutions involved). The combination of both approaches can give the greatest result in reducing the level of corruption in the coming years, so this is the basis of the proposed draft concept of anti-corruption policy for 2020-2024. The implementation of international standards contributed both to the development of the system of prevention and counteraction to corruption (including specialized institutions) and to the reduction of corruption in some sectors by eliminating corruption risks, which were systemic and structural in nature. Further implementation of these commitments and intentions will have a positive impact on reducing corruption and demonstrates the political will at all levels to achieve tangible results of implementing anti-corruption policies.

International Norms and Legislation of The Azerbaijan Republic for Exclusion of Carrier’s Liability in Maritime Freight

The article examines international standards and domestic legislation on maritime freight, the foundations of the implementation of international standards in domestic law. It is noted that the effective functioning of mechanisms of international legal regulation is impossible without ensuring the implementation of international legal treaty norms in the field of domestic law in the proper manner. International treaties apply not only when different rules are identified, or a contradiction arises. Depending on the level of relations, especially relations of an international character, the legislation proposes to indicate international business customs as a source and recognize the possibility of direct application of international treaties. Attention is drawn to the fact that the location of Azerbaijan on the historic Silk Road makes it necessary to participate in modern multimodal conventions (for example, by incorporating the Rotterdam Rules into domestic law), and therefore the choice of the reception method for the implementation of international treaties is not enough for integration policy. Rotterdam rules excluding liability of the carrier according to the catalog of immunities implemented not only The Hague rules, but also certain rules of the Hamburg rules. In this sense, as an act of synthesis, the Rotterdam rules should be adopted as a criterion for legislation. Also, Formula 3.1 of the Civil Code “on the direct application of international treaties” should be fixed in the CMS of the AR.

Problems of implementing international digitalisation standards of criminal investigation

The study consisted of identifying the existing problems in the implementation of international standards of digitization of criminal investigation at the legislative level. The research was carried out in stages as a summary, based on the logic of presentation of the material, to achieve and meet the objectives set out in the article. The method of direct observation, the method of comparison and analysis of the content of the documents, the method of systemic and pragmatic approach were used. The key results of the study were the analysis of the experience of implementing digital standards in forensic activities in the United States, Canada, Great Britain, Denmark, England, Austria, Estonia, and Ukraine. It is concluded that the problems that exist in the implementation of these standards, were identified from the criteria of evaluation of the efficiency and capacity of digital data processing by the agencies involved in the criminal investigation. In addition, the problems and difficulties faced by the authorities in implementing existing international digitization standards, indicate the need for comprehensive measures to organize criminal investigations. To overcome them, appropriate measures must be taken in the field of legislative changes.

AREAS OF ENSURING THE DEVELOPMENT OF FINANCIAL ARCHITECTURE IN THE CONTEXT OF GLOBALIZATION AND EUROPEAN INTEGRATION

The article identifies areas for ensuring the development of financial architecture in the context of globalization and European integration. The components of the national state policy on the regulation of Ukraine's financial architecture development are considered. It is proved that in order to ensure the implementation of the main strategic directions of effective state policy towards the development of the financial architecture of the banking sector, the following measures should be taken: increasing the level of the banking sector capitalization and banking credit services competitiveness; implementation of international standards on corporate governance; systematic financial risk management; organization of the creditors' rights protection, relevant depositors and clients. It is substantiated that effective tools that will contribute to the development of the financial architecture of the national economy due to the consolidation of available financial resources and long-term investments should be: diversification of existing instruments in the stock market by providing appropriate information and methodological support for initial issuance of securities; significant increase in the role and importance of non-bank financial institutions (various insurance companies, relevant investment funds, credit unions and pension funds) by significantly simplifying the conditions and expanding the relevant available tools for the participation of such institutions in financial market operations; support for long-term investment lending on the basis of regulatory support to increase the effective lending capacity of investment projects.