Supranational Level Research Articles

Наднациональный уровень регулирования в реализации общей рыболовной политики ЕС

The article examines the Common Fisheries Policy (CFP) of the European Union in the context of its developments at the supranational level of governance. Although the CFP is rarely scrutinized by political scientists, the policy has a considerable political dimension due to states’ sovereign interests in the seas, their connections to the social stability of coastal communities, and the escalating struggle over access to the overexploited marine bioresources. The political basis of the Common Fisheries Policy lies in the principle of relative stability which was established in the early stages of the policy development and represents a political compromise between member states regarding catch shares. The current institutional framework of the CFP results from a recent reform initiated in 2013, influenced by the Lisbon Treaty, and eventually entered into force in 2019. This reform finalized the introduction of the sustainable development agenda into policy, which changes the institutional balance and strengthens the role of supranational authorities. Hence, the Common Fisheries Policy may be characterized as a predominantly supranational policy. Brexit and the increasing importance of the external policy dimension underpin the role of the EU institutions. However, the Council has preserved the exclusive prerogative to set quantitative limits on catches, which prevents the complete communitarization of the policy. In this way, growing politization overlaps with the ever-increasing technical complexity of the CFP. The former stems from the European Parliament activism and the supranational demand for expertise from the industry and expert community. As a result, the Commission empowers subnational actors in order to gain an advantage vis-à-vis national authorities that pursue their own interests over the community ones. Also, the article reveals the functional spillover in action, especially as a result of supranational effort to reach sustainable catches, namely multiannual plans, landing obligation. It requires new policy instruments along with general oversight by the Commission.

Сообладание исключительным смежным правом на совместное исполнение в государствах ЕАЭС, БРИКС и ШОС: сравнительно-правовое исследование

Introduction: normative regulation of relations arising in connection with the creation of joint performance is constructed patchily in certain legal orders. In turn, within the framework of the triune integration corridor of the EAEU-SCO-BRICS, unified principles have not been formed that would define the rules of interaction between co-performers regarding the creation, use, and disposal of the right to a joint result of performance work. Purpose: to identify and compare the approaches to legal regulation of relations arising in connection with the creation of joint performance in the member countries of the EAEU, BRICS, and SCO. Methods: general scientific methods, including analysis, synthesis, specific historical method, systematic approach, comparative legal, and legal-dogmatic methods. Results: the study has revealed that most of the legal orders of the EAEU, BRICS, and SCO member countries are characterized by a regulatory vacuum or a shortage of rules on joint performance, which is one of the reasons for disputes between members of performing groups. Depending on the presence or absence of norms establishing the regime of joint performances, three groups of approaches implemented in the legal orders of the member states have been identified: an abstinent approach, compensatory approach, institutional approach. The analysis has established that whether the legal system belongs to the Romano-Germanic, Eastern, or Anglo-Saxon legal family does not affect the approach to the regulation of relations between co-performers. However, the fact that the legal order belongs to the post-Soviet legal space and the commonality of previously existing legislation predetermine the similarity of regulatory models. The article proposes a list of legal regime elements that should be defined at the supranational level to create a minimum standard for the protection of the rights of co-performers. Conclusions: it appears advisable to develop a supranational act establishing the legal basis for the regime of joint performances as it would become a catalyst for the development of international cooperation in the field of performing arts; this would also ensure a balance of interests of society, right holders, and users.

A perspective on the European Health Data Space

At the time of writing this article, the European Health Data Space (EHDS) is under development. A legal definition of the primary and secondary use of health data at the supranational level is a given; however, the practice of cross-border e-health still needs to be both legally and technically reinforced. Healthcare equality and technological justice need to be observed when legislating on e-health at the national and supranational levels. Data altruism is a positive phenomenon in the secondary use of health data; nonetheless, the unethical exploitation of the health-related data of digital citizens living with a chronic illness or other ailments should be eliminated. While the extension of the European digital society to include other digital societies as a whole might happen in the far future, the early results of the already interconnected European e-health infrastructures are promising. Nevertheless, there is much to do to ensure patient safety via e-health.

Legal particularities of AI technology usage in real-world data formation

In recent decades, technological progress has contributed to a consistent change in approaches to organizing the provision of medical care in various regions of the world. Electronic data-gathering systems make it possible to create extensive information databases about the health status of the population of certain territories or entire states. The introduction of technological solutions based on the use of artificial intelligence (AI) technologies makes it possible to provide a systematic analysis of large volumes of information, as well as to develop new treatment methods of life-threatening diseases. The use of AI technologies not only has significant potential for improving the organization of medical care, but also brings essential risks of human rights restriction, it may also form discriminatory practices or even cause harm to health. The authors demonstrate the importance of AI technologies in improving separate stages of medical care and the circulation of healthcare technologies, and also present various approaches to defining the notion of “artificial intelligence”, that is a crucial element in specifying the object of legal regulation. The article systematizes the list of threats and challenges to human security associated with the use of AI technologies. The development of legal regulation of this sphere at the national (United States of America) and supranational (European Union) levels is analyzed, and also the main directions of development of this field in the Russian Federation are presented.

The “International” Rule of Law in the Polish Administrative Court’s Jurisprudence

This study analyses the jurisprudence of Polish administrative courts, referring to the concept of the “international” rule of law, and thus, to the concept interpreted by the courts based on sources of law binding on Poland adopted at the supranational level (international agreements and law created by the European Union). The following jurisprudence issues emerge: 1) international and EU legal bases for the protection of the rule of law and the resulting meaning of this concept; 2) international versus national approach to the rule of law; 3) the rule of law – principle or value; 4) normative sources (national and supranational) of the general obligation of administrative courts to implement the international rule of law; 5) the order to implement it as an element determining the jurisdiction of administrative courts and the pattern of control exercised by these courts. In this context, it was stated, inter alia, that according to the jurisprudence of administrative courts, the ‘international’ rule of law primarily implies effective judicial protection of individual rights, guaranteed by independent courts, impartial and irremovable judges who have been duly appointed.

Education as a tool for ensuring sustainable recovery and development in emergencies

Education is crucial in emergencies such as crises, wars, and natural disasters. It acts as a critical factor for the development of society and its readiness to overcome such adverse events. Public education management plays an important role in emergencies preparedness and response. Public management of education in emergencies is one of the critical elements of access to education and society’s resilience in emergencies. It helps preserve the educational process and supports the physical and mental well-being of citizens. The recovery of education during and after an emergency requires the joint efforts of various actors with different roles and resources, including governments, international and humanitarian organizations, civil society organizations, local governments, teaching staff, learners, and their families. This interaction is essential in rebuilding the education system and ensuring access to education during crises and emergencies. Education in emergencies in different countries requires an individual approach and adaptation to specific conditions and needs. However, existing policies, strategies, and case studies in other countries and at the supranational level can help ensure access to quality education for children and youth in emergencies. According to the analysis of available publications, an essential component of the effective development and recovery of education during emergencies, in particular war, is the correct assessment of needs, the development of flexible strategies for access to education, and the improvement of the quality of education. Only timely and sufficient funding and, in particular, recognition of the importance of education during emergencies lead to a loss of skills and knowledge among the population.

Digital formats of the global healthcare service industry

Nowadays, both diversified channels of medical care for patients in remote mode, as well as extensive telemedical networks and systems of exchange of specialized medical information between all participants in the process of public reproduction of medical services at the national and supranational levels are actively being formed. As a result, we are all witnessing the development in global coordinates of a multi-level integrated system of a digital ecosystem of health care, which is based on digital technologies, forms qualitatively new channels of value creation for consumers of medical services and ensures deep convergent interaction of all key subjects of the medical care system citizens - from doctors, patients, health care institutions and states to health insurance companies, intergovernmental and non-governmental international organizations, business communities, etc. In view of this, there is every reason to claim that the qualitatively new business models of the digital health care system implemented in a fragmented manner in the conditions of digitalization will already in the next decade accumulate a powerful institutional and technological resource for "undermining" traditional business models of medical care with their departure from the narrowed format of the primary link of medical services to deep penetration into all links of the value chain formed in health care, and therefore - the formation of sustainable cash flows for producers of medical services. In the systemic processes of the global digital transformation of economic activity, a special place has been occupied by the service industry in recent years, which, as international experience shows, in the post-industrial paradigm of world economic development largely determines the structural dynamics of the national economies of most countries of the world. The purpose of the article is to reveal conceptual approaches to the systematic implementation in global coordinates of the key priority of digital health — the formation of values for patients in an ethical, safe, reliable, fair and sustainable way, while fully complying with such principles of providing medical services as: its transparency, safety and accessibility to broad segments of the population, scalability of medical care and its regularity, digital compatibility of structural components of the digital ecosystem, and strict confidentiality of medical information.

Structural Trends and State Capacities in Regenerative Medicine in Brazil: Science, Innovation, Regulation, Governance and Social Inclusion

Regenerative medicine has transformed conventional practises in medicine. It focuses on the repair and regeneration of cells, tissue, and genes. Regenerative medicine has led to new forms of regulation of biological inputs and required the upgrading of some state capacities at the public, private, national and supranational levels, as well as the inclusion of new social sectors in the governance of the area. However, there are still many matters of concern on diminishing risks and uncertainties that have not been completely resolved either globally or nationally. The aims of the present study are to analyse the specific manner in which innovation and regulation in regenerative medicine have developed in Brazil; which state capacities are facilitated or hindered and how different social groups participate in the sector. At the methodological level, the research consists of a bibliographical and documentary study that mainly uses secondary data to develop a qualitative analysis of information and a quantitative analysis of statistics. In addition, interviews were conducted with associated social actors, including representatives from patient organisations, on which content analysis of narratives was performed. Public policies present lacunae in the regulation of clinical trials, the inclusion of private capital, and the promotion of local patents, as well as a lack of coordination between public agencies. A set of state dynamic capacities have been developed gradually in Brazil over the last ten years, but mission-oriented public policy has been almost inexistent, state aims are unfocused, and the legitimation of state action is still under development.

Protection of the Rights of Russian Citizens at the Supranational Level: in Search of Alternatives

Recently, international relations have deteriorated sharply, provoking the erosion of supranational human rights institutions. Against this background, Russia withdrew from the Council of Europe and, accordingly, from the jurisdiction of the European Court of Human Rights. Federal legislation has introduced norms on the protection of Russian citizens from international bodies whose decisions contradict national legislation. However, this does not solve the overall task of protecting the rights and freedoms of Russian citizens at the supranational level. The article concludes that it is necessary to make more active use of the remaining opportunities to protect the rights of Russian citizens at the supranational level, as well as to create new alternative institutions for the protection of human rights within the framework of international associations friendly to Russia, such as the CIS, the SCO and the EAEU.

Governing anthropogenic assets for nature’s contributions to people in forests: a policy document analysis

Forests support human wellbeing by providing multiple nature’s contributions to people (NCP). These are derived from an interplay of both natural and anthropogenic assets, which is a process known as NCP co-production. Like forests and NCP, anthropogenic assets are subject to modes of governance operating across multiple levels, in which policies are a central tool for executing formal governance. Here, we conduct a policy document analysis to investigate how policies refer to both the anthropogenic assets involved in NCP co-production and the modes of governance affecting these, i.e., hierarchical, scientific-technical, (adaptive)-collaborative governance, and the governing of strategic behaviour. The policy document analysis focuses on forestry and biodiversity conservation policies spanning across multiple governance levels, from the local level – two Biosphere Reserves and one National Park in Germany – to the supra-national level of the European Union. We find that policies predominantly address material and regulating NCP and refer to hierarchical and scientific-technical governance. Based on a redundancy analysis, we identify six archetypes of governance of NCP and the anthropogenic assets underpinning their co-production: (1) the governing of strategic behaviour for regulating NCP, (2) governing habitat management for experiences in nature, (3) governing habitat management for pest control, (4) collaborative governance for timber, (5) local governance for experiences in nature, and (6) promoting knowledge for habitat protection. Our analysis thereby unveils how policies intend to govern anthropogenic capitals related to the co-production of specific forest NCP. The findings, including the six archetypes, can support policymakers in designing policies across governance levels.

Shaping the rules of the game: How political capabilities affect financial performance

AbstractThis study contributes to the growing body of research that examines how political capabilities affect firms' financial performance. Although research has found mixed results for the state and local levels of the governance hierarchy, our study is the first that examines this important relationship at the supranational level. First, by building on the resource dependency theory and the capabilities‐based view, we argue for a positive effect of the relationship. Second, considering that firms become politically active when their industry environment is uncertain, we argue environmental dynamism and munificence moderate this effect. Our findings support the hypothesis that political capabilities are positively related to firm profitability. This effect is magnified when firms operate in industries with high market dynamism. However, we find no effect whereby higher levels of munificence negatively moderate this link.

Research infrastructure as a tool for scientific integration: some aspects of the EU experience for Ukraine

Research infrastructure as a tool for scientific integration: some aspects of the EU experience for Ukraine

The artificial intelligence: Prospects for development and problems of humanization

The research explores the main problems associated with the development and implementation of artificial intelligence technologies in human activities, as well as with the humanization of these technologies. In a broad sense, artificial intelligence is a set of algorithms and software systems that can solve some problems the way a person would do and differ in that they are amenable to learning. An analysis of the problems of introducing artificial intelligence technologies makes it possible to substantiate the main levers of state policy aimed at the development and integrated use of digital intelligent systems. The success of the introduction and dissemination of artificial intelligence technologies largely depends on the effectiveness of state regulation of this sphere, both at the state and supranational levels. The development of machine learning systems must necessarily include an ethical aspect and some restrictions, otherwise the rapid development of intelligent machines can lead to the collapse of human civilization. To avoid such a development of events, it is necessary to create a supranational system for regulating artificial intelligence. Thus, the object of study of this article is the use of artificial intelligence systems in various fields of human activity. The authors use content analysis, systemic, adaptive and synergistic methods. In addition, the authors apply modern statistics, empirical generalization and grouping.

The Genesis of Systemic Conflicts in the Period of the USSR Collapse and State Formation in the Post-Soviet Period

The object of the study is the genesis of systemic conflicts in the paradigm of the phenomenology of statehood, with its inherent methodological and methodical approaches to the mechanisms of formation and building of the state task, which presupposes the systems of interacting institutions that determine the structure of public administration. The subject of the study is the main trends of statehood formation in modern history, a systemic crisis of administration in the decline period, and the actual trajectory and mechanics of statehood formation in the post-Soviet space and in the world after the collapse of the USSR. Special attention is paid to the analysis of key causes of the emergence of systemic conflicts as a result of differences in content, understanding, and installation of the structure of state building on an operational level without a qualitative legal metric of legitimacy of state-formation. The genesis of systemic conflicts of constitutional and legal regulation in the conditions of the growing scale of global integration, as well as the critical need for an effective supranational level of legal regulation within the framework of a systemically full-fledged international law. The study concludes that due to systemic conflicts, ensuring common understanding, interpretation and application of the guiding principle of the Rule of Law becomes ambiguous and makes the formation of a common unified global legal space impossible. As a result, as an objective consequence, integration processes, in the absence of a systematically organized legal discipline, go into the mode of "self-determination" where the principle Rule of Law based on a system of legal norms on the long term basis, is replaced with a conventional system of situational agreements oriented on the rules of the short-term basis of the current conjecture.

Die disruptive Kraft in klassenräumen oder über die KI-unterstützten Tools beim Fremdsprachenlehren und -lernen

The article discusses Artificial Intelligence (AI) as a disruptive power, i.e., a power that – as the dictionary SSKJ states – “because of its otherness, its visionary conception in relation to the status quo, acts boldly and unexpectedly”. At the beginning of the paper, the theoretical background of AI tools is presented, along with some examples of the potential and problems of their use in foreign language teaching. The use of AI-powered tools in foreign language teaching must be thoroughly considered, researched, and regulated at national and supranational levels – e.g., the ethical aspects of using AI in teaching, intellectual property, data protection, and the actual impact of AI-assisted learning. Beyond these challenges, it is worth highlighting, exploring, and, above all, exploiting the potential of AI-based tools and the potential and constructive use of these tools in and for foreign language teaching. In the second part of the paper, the selected AI-based tools suitable for foreign language teaching are briefly presented and analysed through a use case. The advantages and disadvantages of these tools and their use for language learning, chatbots (including ChatGPT), AI-based tools for writing and text proofreading (grammar and spelling), and machine translation tools are illustrated using examples. Despite the advantages, disadvantages, and problems that the use of AI-powered tools entails, the paper aims to highlight their benefits and potential with regard to optimizing users’ — i.e., teachers and learners – time, and, above all, we want to encourage their constructive use.

The rule of law in the UK: essence and approaches to determination

The research is focused on the essence of the rule of law as a constitutional and legal principle as the basis of the UK constitution and approaches to its determination. The rule of law, being a general legal principle, which has been developed in various legal concepts, including the British rule of law, the German rechtsstaat, the French etat de droit, at the present stage has become one of the fundamental constitutional and legal characteristics, both at the national and supranational level. National concepts of the rule of law, having certain differences and peculiarities, are essentially aimed at achieving similar goals. However, their substantive content is formed on the basis of existing features of specific national legal orders. One of the earliest and most developed in terms of constitutional and legal theory and practice is the UK approach to the rule of law. However, the question of its determining remains relevant at the present stage. The object is the concept of the rule of law developed in the UK, the subject is its specific features and manifestations, as well as approaches to its determination in British legal doctrine and practice. The purpose is to explore the issue of determination of the rule of law in the UK and to form a comprehensive approach to understanding its essence. The methodological basis of the research is constituted by 1) dialectical method, 2) general scientific methods including analysis, synthesis, comparison, analogy, deduction and induction, 3) special methods including logical, formal-legal, comparative-legal, and statistical methods. Based on the analysis the author makes an attempt to define the essence of the rule of law as an integral part of the UK constitution and its key features.

Analysis of the provisions of national and EAEU legislation regulating pharmaceuticals before and after 1 January 2026

Scientific relevance. The gradual transition to the common pharmaceutical market within the Eurasian Economic Union (EAEU) is expected to be completed by the end of 2025, and a new regulatory framework is currently being developed at both the national and supranational levels. The main changes in Russian national legislation are aimed to harmonise it with EAEU legislation. However, Russian national legislation will continue regulating a range of issues related to the life cycle of medicines.Aim. This study aimed to compare the Russian and EAEU legal frameworks regulating medicines before and after January 2026, as well as to analyse the risks of conflicts of laws between these legal systems.Discussion. Analysing the causes of potential conflicts of laws between Russian and EAEU legislation, the authors consider solutions for such conflicts outlined in the legal system of the Russian Federation, as well as the applicability of these solutions to specific situations in the national and supranational regulation of medicines. This study analyses the stages in the life cycle of medicines associated with the highest risk of conflicts of laws, including clinical trials, the development of pharmacopoeial requirements, and the designation of orphan medicines. The authors examine the relationships between authorisation procedures during the transition period with both legal systems in effect. The analysis highlights the issues that will continue to be regulated under Russian national legislation after the completion of the transition period, such as the inclusion of active substances in the Russian State Register of Medicines, the authorisation of medicines during armed conflicts or other emergencies, and the interchangeability of medicines. Given the evolving requirements of the regulatory environment, this study provides suggestions for enhancing the regulatory framework and recommendations for applicants.Conclusions. After the complete transition to the common market in the EAEU, certain requirements of Russian Federal Law No. 61-FZ “On Circulation of Medicines” of 12 April 2010 will remain effective in the Russian Federation. Therefore, during the transition period, applicants for authorisation should consider the partial continuation of national regulation after 2026 when developing their regulatory affairs strategies.

Digital Economy as a Driver of Regional Integration to Achieve Esg Principles: the Case of the Eurasian Economic Union

Objective: Analyzing digitalization as an innovation in the government policy of Eurasian Economic Union member states, the authors attempt to establish its further impact on the supranational level of management of the integration association. The researchers also point out the effect of e-government development on the digitalization of integration processes. The purpose of the study is to investigate the effect of digitalization in the EAEU and its contribution to achieving the Sustainable Development Goals. Methods: The study employs a comprehensive review of EAEU policies, digitalization projects, and the national strategies of member states related to digital transformation. It also examines data on the economic and social effects of these initiatives. Results: The article reveals that the EAEU's digitalization efforts have significantly enhanced economic integration, trade efficiency, and the quality of public services. These digital initiatives have also shown promise in addressing environmental challenges and promoting sustainable economic growth. The results underscore the importance of digital infrastructure and cross-sectoral cooperation in achieving these outcomes. Conclusion: In conclusion, digitalization within the EAEU is proving to be a transformative force, shaping the region's economic landscape and contributing to sustainable development. By embracing digital technologies and fostering collaboration among member states, the EAEU is well-positioned to harness the full potential of the digital economy while addressing critical sustainability issues. To maximize the benefits and mitigate challenges, continued coordination and investment in digital skills and infrastructure are essential for the EAEU's long-term success in the digital era.

Modern approaches to global and governmental regulation of virtual assets: what to choose to support digital innovations?

The paper offers a critical outlook at modern approaches to supranational and governmental regulation of the circulation of virtual assets, which have already developed with confidence and which actually determine the conflict between generally global and national views on a very heterogeneous category – virtual assets. The purpose of this article is to summarize some key regulatory approaches spread globally – from global to state levels – regarding the circulation of virtual assets and their critical analysis from the point of view of supporting digital innovation in a national economy. The paper is a continuation of the ongoing wide-ranging expert and political debate about what government officials and presidents should be guided by in matters of circulation of virtual and, in particular, backed (secured) tokenized assets. The logic of the presentation and judgments in the paper is related to the step-by-step consideration of such issues: (1) the basic political approach of the International Monetary Fund and its discussion from a public-management point of view; (2) institutional and administrative risks for governments regarding the full implementation of the IMF’s 2023 policy recommendations on the regulation of virtual assets; (3) widespread standards for the prudent (prudential) circulation of virtual assets, which were developed by other authoritative supranational organizations; (4) an overview of key problems in the coordination of multi- and single-level approaches to the regulation of virtual assets; (5) highlighting 5 regulatory approaches in the ways and scope of governmental (national) regulation of virtual assets currently operating in the world; (6) author’s comparison and assessment of regulatory approaches; (7) assessment of Ukrainian prospects in supporting technological innovations in the field of circulation of virtual assets in the context of the adoption of the new law «On Virtual Assets» in 2023. The author makes the final conclusion that, generally, modern regulatory efforts of supranational and state regulators in the field of circulation of virtual assets are mostly focused on the problems of illegal financing, unfair competition and the integrity of new and old markets of financial assets, as well as focused on requirements for experience and financial stability of private service providers in the field of virtual assets. However, there is a growing understanding that regulators will arrive at a more or less single or multiple regulatory approach, which will be set at the supranational level, and this will only facilitate technological innovation. Such an approach will most likely be combined – based on regulatory flexibility and on the basis of principles (expected results).

Migrant remittances and diaspora policies in Africa

Recent years have seen a substantial increase in remittances from diaspora communities to their home countries, prompting developing economies to establish and enhance institutional mechanisms. These mechanisms aim to channel and leverage the emotional connections of emigrants to their native lands for economic purposes. This article concentrates on the influence of migrant remittances on the formulation of diaspora policies in Africa. It closely examines two clusters encompassing a total of 8 states recognized as leaders in terms of migrant remittances’ share in GDP and their absolute value, respectively. The article evaluates three primary categories of tools and practices that structure diaspora cooperation: formal institutional means, economic tools, and socio-cultural practices. The research applies a neo-institutional approach, conceiving diaspora policy as a network of interconnected practices across various spheres. By comparing cases within and between these clusters, it demonstrates diverse approaches to developing diaspora cooperation mechanisms. Additionally, the authors outline the most promising pathways for advancing diaspora policies while identifying existing barriers.They advocate for the establishment of distinct platforms for diaspora representation, deepening cooperation between origin and host states, and extending certain diaspora policy mechanisms to subnational and supranational levels. However, the development of diaspora politics in the examined cases is impeded by insufficient resources, weak state institutions, and state reluctance to cede control over their population's interaction with external actors. Despite the prevalent notion that the evolution of diaspora cooperation mechanisms correlates with the volume of migrant remittances, empirical analysis within the African context exposes the explanatory limitations of such a model.