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Influence of the European Commission on Innovation Development During the Execution of Merger Control 欧盟委员会在并购控制执行过程中对创新发展的影响
Pub Date : 2022-12-19 DOI: 10.37772/10.37772/2518-1718-2022-4(40)-7
A. Kotenko, I. Maryniv
Problem setting. The research focuses on examining the nature of European Commission’s evaluation practices, concerning the merger agreements, that are conducted by this body on the basis of the EU Merger Regulation. The modern dimension of informational society has led to revolutionary changes in Commission’s policy regarding mergers. The European dimension criteria and quantitative evaluations of an undertaking are the main but not the only tools, provided by the Regulation 139/2004, that define the scope of measures, available to the Commission during the investigation. The problem is, that the modern startups progression pattern leads to the alteration of the nature of the market, where the nonessential undertakings can become extremely essential in a dramatically short period of time. This factors have become an incentive to the European Commission to conduct research not only by taking the past and the present factors into consideration, but also using various methods to evaluate the future outcome of the merger with a company, that falls under the Commission’s jurisdiction, which leads to appearance of serious concerns about the integrity of the subsidiarity principle. Analysis of recent researches and publications. The role of the Commission’s evaluation procedure in the merger agreements between the innovative subjects has been researched by the following scientists: Oskar Törngren, Joseph Bromfield, Matthew Olczak, Thomas Buettner, Giulio Federico, Szabolcs Lorincz, Kyriakos Fountoukakos, Dafni Katrana, Agathe Célarié, Massimo Motta, Martin Peitz. The issue in question has also been duly revised and studied by the lawyers and responsible staff of the European Commission. Target of the research is to study a multidimensional nature of merger evaluation, conducted by the EU Commission towards the deals between the undertakings, that contain innovation. Article’s main body. The main instrument, possessed by the Commission and designed to evaluate a substantial threat of a merger to trade via the EU remains the significant impediment of effective competition (SIEC) test, which outlines, that the merger agreement must maintain the balance between competition hindrance and possible benefits and positive commercial outcomes of the deal. In order to make a distinction between lawful and unlawful agreements, the Commission uses a set of criterions and techniques to make sure that the current and the future position of the parties on a relative market will not become object to abuse of the parties. The criterions are not excessive and may encompass both legal and non-legal approaches. The Commission investigates how the position of the parties, their market share, the innovative nature of their product or the difficulty of access to the relevant market can affect the trade within the Internal Market. One of the most recent techniques, which is being used by the Commission as a response to the emerging power of innovative international corporate s
问题设置。研究的重点是审查欧洲委员会在欧盟合并条例的基础上进行的关于合并协议的评估实践的性质。信息社会的现代维度导致了委员会关于合并政策的革命性变化。第139/2004号条例规定了一项承诺的欧洲层面标准和定量评估,这是委员会在调查期间可以使用的主要但不是唯一的工具,用于确定措施的范围。问题是,现代创业公司的发展模式导致了市场性质的改变,在这种情况下,不重要的事业可以在极短的时间内变得极其重要。这一因素促使欧盟委员会在进行研究时不仅考虑过去和现在的因素,而且使用各种方法来评估与委员会管辖范围内的公司合并的未来结果,这导致了对辅助性原则完整性的严重担忧。分析最近的研究和出版物。下列科学家研究了委员会评估程序在创新课题合并协议中的作用:Oskar Törngren、Joseph Bromfield、Matthew Olczak、Thomas Buettner、Giulio Federico、Szabolcs Lorincz、Kyriakos Fountoukakos、Dafni Katrana、Agathe c、Massimo Motta、Martin Peitz。欧洲委员会的律师和负责的工作人员也对这个问题进行了适当的修订和研究。本研究的目标是研究欧盟委员会对企业之间包含创新的交易进行的并购评估的多维性。文章的主体。欧盟委员会拥有的主要工具,旨在评估并购对欧盟贸易的重大威胁,仍然是有效竞争的重大障碍(SIEC)测试,它概述了并购协议必须保持竞争障碍与交易可能带来的利益和积极的商业结果之间的平衡。为了区分合法协议和非法协议,委员会使用了一套标准和技术,以确保当事各方在一个相对市场上目前和未来的地位不会成为滥用当事各方的对象。这些标准并不过分,可以包括法律和非法律途径。委员会调查当事各方的地位、其市场份额、其产品的创新性质或进入有关市场的困难如何影响内部市场内的贸易。委员会正在使用的最新技术之一是丧失创新标准,这是对创新型国际公司结构正在出现的力量作出的反应。欧盟委员会坚持这一立场,即所谓的“收购杀戮”在欧盟竞争法框架内是非法的,并进行了一系列具有里程碑意义的调查,得出的结论是,一些公司的创新性质不允许它们成为合并的主题,因为客观地担心合并会导致创新产品的损失,这可能导致一项有价值的研究停止。大多数“收购杀戮”既不属于国家管辖范围,也不属于超国家管辖范围,这一事实仍然是欧盟委员会要解决的一个巨大挑战。然而,最近的做法改变,关于使用移交程序,在第3条。《欧盟合并条例》第22条允许欧盟委员会在国家竞争主管部门无法处理新设定的问题时,通过激励成员国自愿提交申请,至少对该问题做出临时决定。结论及发展展望。值得注意的是,转诊程序的使用既不是一个完整的问题,也不是一个永久的问题。然而,委员会的这些步骤使我们认为,有关竞争的新一波一体化仍在等待欧盟及其成员国。欧盟委员会的实践是迈向信息经济新时代的一步,在信息经济新时代,各国政府和欧盟机构的合作活动和相互战略对于维持可持续发展原则而不妨碍辅助性至关重要。
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引用次数: 0
Energy Security in the Context of Geopolitical Instability 地缘政治不稳定背景下的能源安全
Pub Date : 2022-12-19 DOI: 10.37772/2518-1718-2022-4(40)-6
I. Yakoviyk, K. Yefremova, Evgeniy F. Novikov
Problem setting. Energy is the main resource, and therefore acts as an object of strategic interest and policy. There are many uncertainties in modern energy governance, as it is influenced by many political positions that have different approaches to how best to achieve the desired future and avoid undesirable developments in the energy market. The energy transition should be recognised as one of the main pressures that increasingly complicate and restructure energy supply pathways. The shifts it generates are not only purely technical, but also social, conceptual and political. Obviously, energy supply is in some way linked to national identity, the position a state takes in international relations, and technological development. However, as energy markets and resource supply chains are becoming increasingly global, national approaches to energy security (security of supply) are responding to international developments, in particular the Russian aggression against Ukraine, to varying degrees. Аnalysis of resent researches and publications. In the scientific literature, energy security, as well as energy sovereignty, are defined differently, since there is no clear consensus among researchers on these phenomena, but there are some dominant approaches. Over the past decade, domestic authors have devoted a lot of attention to the study of the conflict of ensuring energy security of Ukraine in the context of the need to make geopolitical choices. However, the problem of ensuring energy security in martial law and the post-war period is only being raised in scientific research, which determines its relevance. The target of the research is to determine the priority directions of energy policy to improve energy security based on the analysis of the problems of functioning of national energy security systems, as well as current threats to vital national interests in this area. Article’s main body. The issue of energy security is one of the cornerstones of the energy policy of modern states. The Russian-Ukrainian conflicts that began in 2006, in the phases of their greatest aggravation (2014 and 2022), significantly affect gas supplies, which have a very negative impact on the functioning of the EU and impede the implementation of the course of the global energy transition to a low-carbon economy. The concept of energy security has been studied by various authors and, although there is no consensus on its content, it is important for both individual states and regions, in particular Europe. An expanded concept of energy security based on three aspects should be considered optimal: sovereignty, reliability and sustainability. Conclusions and prospects for the development. An indicator of the effectiveness and balance of the national energy strategy is the moderate dependence of the state on imports of foreign energy resources. From the point of view of economic security, there is a need to build a balanced diversified structure of energy imports to avoid
问题设置。能源是主要资源,因此是战略利益和政策的对象。现代能源治理存在许多不确定性,因为它受到许多政治立场的影响,这些政治立场对如何最好地实现预期的未来和避免能源市场的不良发展有不同的方法。应认识到,能源转型是使能源供应途径日益复杂化和重构的主要压力之一。它产生的转变不仅是纯技术的,而且是社会的、观念的和政治的。显然,能源供应在某种程度上与国家认同、国家在国际关系中的地位以及技术发展有关。然而,随着能源市场和资源供应链日益全球化,各国在能源安全(供应安全)方面的做法在不同程度上对国际形势的发展做出了回应,尤其是俄罗斯对乌克兰的侵略。最近的研究和出版物Аnalysis。在科学文献中,能源安全和能源主权的定义不同,因为研究者对这些现象没有明确的共识,但有一些占主导地位的方法。近十年来,国内学者在地缘政治选择的背景下,对乌克兰能源安全冲突的研究投入了大量的精力。然而,在戒严和战后时期保障能源安全的问题只是在科学研究中才被提出,这决定了它的相关性。研究的目标是在分析国家能源安全系统运作问题的基础上,确定能源政策的优先方向,以改善能源安全,以及当前对这一领域重要国家利益的威胁。文章的主体。能源安全问题是现代国家能源政策的基石之一。2006年开始的俄乌冲突,在其最严重的恶化阶段(2014年和2022年),严重影响了天然气供应,这对欧盟的运作产生了非常负面的影响,阻碍了全球能源向低碳经济转型的进程的实施。能源安全的概念已经被不同的作者研究过,尽管对其内容没有共识,但它对个别国家和地区,特别是欧洲都很重要。以主权、可靠性和可持续性三个方面为基础的扩大的能源安全概念应该被认为是最佳的。结论及发展展望。国家能源战略的有效性和平衡性的一个指标是国家对外国能源进口的适度依赖。从经济安全的角度来看,有必要建立一个平衡的多样化的能源进口结构,以避免对个别出口国的依赖。对外经济战略在能源领域的不平衡是大多数欧洲国家能源危机严重的原因之一。与能源有关的危机原因是,大多数国家无法显著减少能源消耗,并增加燃料和经济综合体技术更新的创新成分。预防这种危机需要从通过进口廉价能源来确保经济增长的传统模式过渡到节约能源和增加使用可再生能源的战略,这是符合可持续发展原则的。
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引用次数: 1
Global Trend of Acceleration by Startups Innovative Changes in Industry 4.0 创业公司加速工业4.0创新变革的全球趋势
Pub Date : 2022-09-23 DOI: 10.37772/2518-1718-2022-3(39)-2
N. Vnukova
Problem setting. The question of the role and importance of startups in the processes of Industry 4.0 is gaining special weight in relation to the level of costs and the effectiveness of the changes that may occur. The problem lies in the development of technological entrepreneurship through startup activity and its impact on progress in Industry 4.0. Analysis of recent researches and publications. An in-depth study of many components of Industry 4.0 was conducted by A. V. Sheer, who determined that academic research is considered the most flexible in the development of startups, S. V. Voitko revealed the evolution of management theories in the context of Industry 4.0, provided the features of innovation management and the implementation of startups in Industry 4.0 , O. E. Kofanov claims that certain opportunities for the development of innovative entrepreneurship and startups in Ukraine are provided, in particular, by the gradual transformation of production processes under the influence of the concepts of “Industry 4.0” and the knowledge economy. Target of the research is development of theoretical provisions and practical recommendations for determining the role and importance of startups in Industry 4.0. Article’s main body. A significant characteristic of the changes taking place under the influence of Industry 4.0 is a reduction in the cost of communication, an increase in the efficiency of logistics and marketing, the introduction of innovative technologies and the opening of new sales markets for business entities. To solve the problem of introducing innovations in the conditions of Industry 4.0, the Google Trends search service was used, which provides statistics of interest in the topic of startups and Industry 4.0 at the same time. In the article, a search query was made in Google Trends for the topics “startup” and “Industry 4.0” for the time period of the last 12 months (as of June 30, April 2022) all over the world and Ukraine, with the selection of the average level of interest, as well as the priority region by which you can to measure the relationship between startups and Industry 4.0 topics. The average level of interest in the topic of startups in the world is much higher than in the topic of Industry 4.0, while in Ukraine interest in startups is still high, but lower than in the world. European Slovakia is singled out among the Asian leaders. Israel is an example of a fast-paced startup movement operating in the Industry 4.0 ecosystem. For the national level in Ukraine, it is necessary to stimulate the development of technological startups in parallel with the creation of the Industry 4.0 ecosystem itself, which will be able to support them. For this, international experience should be used, as well as the best system integrators to establish, in particular, the priority of actions. Conclusions and prospects for the development. The conducted studies showed an insufficient level of awareness and interest in the topic of startu
问题设置。与成本水平和可能发生的变化的有效性相关,创业公司在工业4.0过程中的作用和重要性的问题正在获得特别的重视。问题在于科技创业通过创业活动的发展及其对工业4.0进程的影响。分析最近的研究和出版物。A. V. Sheer对工业4.0的许多组成部分进行了深入研究,他认为学术研究在创业公司的发展中是最灵活的,S. V. Voitko揭示了工业4.0背景下管理理论的演变,提供了创新管理的特点和工业4.0中创业公司的实施。O. E. Kofanov声称,在“工业4.0”和知识经济概念的影响下,生产过程的逐步转变为乌克兰创新创业和初创企业的发展提供了一定的机会。研究的目标是制定理论规定和实践建议,以确定创业公司在工业4.0中的作用和重要性。文章的主体。在工业4.0的影响下发生的变化的一个重要特征是通信成本的降低,物流和营销效率的提高,创新技术的引入以及为企业实体开辟新的销售市场。为了解决在工业4.0条件下引入创新的问题,我们使用了谷歌趋势搜索服务,该服务同时提供了对创业公司和工业4.0主题的兴趣统计。在本文中,在谷歌Trends中对过去12个月(截至2022年6月30日,4月30日)全球和乌克兰的主题“创业”和“工业4.0”进行了搜索查询,选择了平均兴趣水平,以及可以衡量创业公司与工业4.0主题之间关系的优先区域。全球对创业主题的平均兴趣水平远高于工业4.0主题,而乌克兰对创业的兴趣仍然很高,但低于全球。欧洲斯洛伐克在亚洲领导人中独领风骚。以色列是在工业4.0生态系统中快速发展的初创企业的一个例子。对于乌克兰的国家层面,有必要在创建工业4.0生态系统本身的同时刺激技术初创企业的发展,这将能够支持它们。为此,应利用国际经验,并利用最好的系统集成商,特别是确定行动的优先次序。结论及发展展望。所进行的研究表明,全球对创业公司和工业4.0技术的认识和兴趣不足。该建议是优先考虑在战时和战后经济中需求最大的行业进行变革,这可以通过b谷歌的工具来降低信息资源的成本,以加速转型变革。
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引用次数: 0
System of Forecasting and Formation of Key Areas of Research in the field of Entrepreneurship 创业领域重点研究领域预测与形成体系
Pub Date : 2022-09-23 DOI: 10.37772/2518-1718-2022-3(39)-9
V. Bryntsev, Illia Mamaiev
Problem setting. The development of science is always an urgent topic for any state, since the level of scientific development has a significant impact on all spheres of social existence (including economic). One of the issues of scientific development, which deserves attention, is the study of scientifically forecasting as an important component of the scientific process. In this context, it is also advisable to determine the role and place of science in society; characterization of the personality of a modern researcher; and identifying key areas of research that require intensification. Analysis of recent researches and publications. In Ukraine, research of scientific forecasting was conducted in the works of M. Holovatyi, O. Vinnyk, H. Znamenskyi, D. Zadykhailo, N. Kostina, V. Matviienko, V. Mamutov. Target of research is to investigate the role and importance of scientific forecasting, determine the place of science in the coordinate system of modern society, form key areas of intensification of research. Article’s main body. The experience of foreign countries, including Asia, demonstrates a significant relationship between science and economic success. In this regard, the urgent issue is the development of domestic science: determining potential barriers, analysis of current regulation, review of existing ideological approaches to science and formation of priority ways of development of the Ukrainian scientific sphere. This article, above all, offers a systematic analysis of existing problems of scientific forecasting as an important component of any science. To this end, the work provides a general description of science in the coordinate system of modern society. The heritage of world literature, containing thorough treatises, which cover the process of origin of science, analysis of the stages of its development and disclosure of mechanisms of knowledge by researchers of social life and nature of phenomena that ensure progress in the development of mankind. Among other things, the article examines the positions of J. Bernand (regarding revolutionary innovations), V. Vernadskiy (regarding the place of history of science), F. Bacon (regarding the classification of science into three components), A. Puankare (regarding the special scientific methods and personality of the researcher) and others. The content of the concept of «science» is revealed. There is a definition of forecasting and its types. It is substantiated that national sectoral and regional programs are part of the forecasting and planning system, which are the main means of implementation of state policy, priority directions of economic, social, environmental, scientific technical development of Ukraine. The development of methods of forecasting research works and long-term forecasts of development of computer technology is considered. The question of the personality of the modern scientist is considered. There is an increased importance of such individual personality quality
问题设置。科学的发展对任何国家来说都是一个紧迫的话题,因为科学发展的水平对社会存在的各个领域(包括经济)都有重大影响。科学预测作为科学过程的重要组成部分,其研究是科学发展中值得关注的问题之一。在这种情况下,确定科学在社会中的作用和地位也是可取的;现代研究人员的人格特征分析确定需要加强的关键研究领域。分析最近的研究和出版物。在乌克兰,科学预报研究在M. Holovatyi、O. Vinnyk、H. Znamenskyi、D. Zadykhailo、N. Kostina、V. Matviienko、V. Mamutov的著作中进行。研究目标是探讨科学预测的作用和重要性,确定科学在现代社会坐标系统中的地位,形成加强研究的重点领域。文章的主体。包括亚洲在内的其他国家的经验表明,科学与经济成功之间存在着重要的关系。在这方面,紧迫的问题是发展国内科学:确定潜在的障碍,分析目前的规定,审查现有的科学意识形态方法,并形成乌克兰科学领域发展的优先途径。本文首先对科学预测作为任何一门科学的重要组成部分所存在的问题进行了系统的分析。为此,本书在现代社会的坐标系中对科学作了概括性的描述。世界文学遗产,包含全面的论文,涵盖了科学的起源过程,其发展阶段的分析和揭示知识的机制的社会生活和现象的本质,确保人类的发展进步的研究人员。除此之外,本文还考察了J. Bernand(关于革命性创新),V. Vernadskiy(关于科学史的位置),F. Bacon(关于将科学分为三个部分),A. Puankare(关于特殊的科学方法和研究者的个性)等人的立场。揭示了“科学”概念的内涵。预测及其类型是有定义的。事实证明,国家部门和地区计划是预测和规划系统的一部分,是执行国家政策的主要手段,是乌克兰经济、社会、环境和科技发展的优先方向。对预测方法的发展、研究工作和计算机技术发展的长期预测进行了讨论。讨论了现代科学家的人格问题。像直觉这样的个人人格品质的重要性日益增加。阐述了中小企业在科学发展中的实际作用。指出有必要改进现有的中小企业执法制度,以便合理和有效地利用现有的科学潜力。通过这些研究,笔者提出了加强科学研究的七个重点领域。结论及发展展望。科学的预测和规划体系对任何一个国家的科学发展都起着主导作用。这类活动的重要性表明,将科学预测作为科学研究的一个独立阶段是可取的。为了做出正确的、科学合理的预测,需要考虑一系列因素(如社会学研究的结果、执行正式批准措施的实践的概括、到2030年国家经济发展战略的规定),并注重企业家的需求、世界发达经济体的经验和国内科学的初步成果。对现代研究人员个性的分析使我们有理由断言,任何科学家都具有分析工作的经验和预测方法的掌握以及深厚的科学智慧。然而,值得注意的是,现代研究人员的素质和迅速发展在很大程度上取决于直觉。国内科学发展的必要步骤可以认为是将现有的连续科学预测发展细化到现代信息技术的水平;这些过程的典型软件的创建;在每个研究领域形成一份问题清单,以启动全球预测生态系统;组建一个由专家组成的团队,对所雇用的某些问题进行开发。 根据这项研究的结果,就加强研究的关键领域提出了七项建议。
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引用次数: 0
State as a Subject of Investment Operations 作为投资经营主体的国家
Pub Date : 2022-09-23 DOI: 10.37772/2518-1718-2022-3(39)-11
O. Sushch
Problem setting. The research is focused on studying specific features of the legal status of the state as a subject of investment operations. The author of the article analyzes the norms of investment legislation reflecting the directions of state participation in investment operations. Analysis of resent researches and publications. Current scientific research mainly focuses on studying problematic aspects of legal regulation of certain types of investment operations. Modern theoretical and legal studies, where the subject matter is legal regulation of investment operations, pay insufficient attention to study specific features of the legal status of subjects of investment operations, in particular, the state’s legal status. Target of research is to study specific features of state’s legal status as a subject of investment operations. Аrticle’s main body. It has been established that the state can acquire different legal statuses in investment relations and can enter into investment relations of different legal nature. The state is one of the key subjects of investment operations, since it acts as: 1) a direct participant of investment operations – an investor or recipient of investment; 2) an entity that carries out state regulation of investment operations by: supporting the implementation of investment projects; administration of state investment projects; provision of preferential conditions for carrying out investment operations; control over the compliance with the loyalty of carrying out investment operations by all participants of investment relations; guaranteeing the rights of subjects of investment operations and as a guarantor in regard to the protection of investment; suspension or termination of investment operations by the decision of the state authority. The main functions of the state within investment operations have been determined – regulatory, security, and incentive. The regulatory function is aimed at regulating investment operations at the level of national and international legislation. The security function is aimed at protecting the rights and interests of subjects of investment operations by providing them with the guarantees under the investment legislation. The incentive function is aimed at establishing benefits and preferences for subjects of investment operations in order to attract investment into certain areas of investment operations. Conclusions and prospects for the development. The specific feature of the state’s legal status within investment operations is reflected through the possibility of entering into investment legal relations as an investor or recipient of investment and a regulator of investment relations and a guarantor for foreign investors. No subject of investment operations is endowed with such a wide range of powers as the state. On the basis of the above, it is worth stating that theoretical and legal approaches to studying the legal status of the state within investment operations have a f
问题设置。研究的重点是研究国家作为投资经营主体的法律地位的具体特征。本文分析了反映国家参与投资经营方向的投资立法规范。最新研究和出版物分析。目前的科学研究主要集中在研究某些类型的投资业务的法律规制存在的问题。现代理论和法律研究以投资经营的法律规制为主题,对投资经营主体法律地位的具体特征,特别是对国家法律地位的研究不够重视。研究的目的是研究国家作为投资经营主体的法律地位的具体特征。Аrticle的主体。国家在投资关系中可以取得不同的法律地位,可以订立不同法律性质的投资关系。国家是投资运作的主要主体之一,因为它是:1)投资运作的直接参与者-投资者或投资接受者;(二)执行国家投资经营管理规定,支持投资项目实施的单位;国家投资项目管理;为开展投资业务提供优惠条件;对投资关系的所有参与者履行投资业务忠诚的控制;保障投资经营主体的权利,作为投资保护的保证人;经国家主管机关决定暂停或者终止投资经营。明确了国家在投资运作中的主要职能——监管、保障和激励。管制职能的目的是在国家和国际立法一级管制投资业务。担保职能的目的是保护投资经营主体的权益,为其提供投资立法规定的保障。激励功能的目的是为投资业务主体确立利益和优惠,以便吸引投资进入某些投资业务领域。结论及发展展望。国家在投资经营中法律地位的特殊性,体现在可以作为投资方或接受方、作为投资关系的监管者和外国投资者的担保人,缔结投资法律关系。没有哪个投资经营主体像国家那样被赋予如此广泛的权力。在此基础上,值得指出的是,研究国家在投资经营中的法律地位的理论和法律方法具有支离破碎的性质。研究国家作为投资经营主体的法律地位,是今后科学研究的一个远景方向。
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引用次数: 0
The Problems and Prospect s of Ensuring EU Energy Security During the Russian Aggression Against Ukraine 俄乌冲突中保障欧盟能源安全的问题与展望
Pub Date : 2022-09-23 DOI: 10.37772/2518-1718-2022-3(39)-7
S. Sadyhov
Problem setting. The article highlights the topical problems of the EU’s dependence on the supply of energy resources from Russia against the background of military aggression towards Ukraine and substantiates the importance of overcoming such dependence. Analysis of resent researches and publications. A considerable number of scientific papers published in recent years shows that the issues of energy security and legal support of cooperation between the EU Member States in the energy sector have often been studied by Ukrainian and foreign scientists both lawyers and economists. Currently, in legal and economic doctrines, the sphere of energy relations and, in particular, energy security is most often associated with the names of S. D. Bilotskyi, T. A. Grabovych, R. R. Dubas, M. V. Muzychenko, M. Roggenkamp, K. Talus, P. D. Cameron and others. The war in Ukraine has significantly intensified attempts to maintain a proper state of energy security in Europe and, accordingly, scientific developments in this sphere. Аrticle’s main body. The invasion in Ukraine significantly sway the state of energy security of the EU member states and the entire European continent in general. This, in turn, activated the process of developing a new and improving the existing EU legal framework in the energy sector in the shortest possible time. The author analyzes a set of EU legislative initiatives aimed at helping member states to get through the heating season without large-scale upheavals. From the proposals of the European Commission analyzed by the author, it can be seen that the provisions of the REPowerEU transformation plan, which provides for the use of ecologically clean energy for the needs of the EU, can make a significant contribution to overcoming European energy dependence on Russia. The author comes to the conclusion, that economically effective, rapid and wide-range development of sustainable renewable energy in accordance with the theses of the European Green Deal and the REPowerEU communication can’t be attained by states-members independently. Certainly, that leveling of negative consequences is impossible without effective co-ordination and association of actions of all EU member states. Last decades power politics is the central point of foreign policy of EU and now comes forward as a source of many spores that prevent to the attempts of EU to put right strategic relationships with the neighbours and suppliers of energy. Therefore, research of problems of dependence on the third countries and search of ways of their decision answer the major necessities of contemporaneity and has a substantial value for further development of the EU energy sector. It is concluded that such a set of measures will certainly be accompanied by consequences of an economic nature in the budgetary sphere, in investment policy, the structure of industry production, in the sphere of amortization expenses, price policy and taxation, etc. Conclusions and prospects for the
问题设置。文章强调了欧盟在军事侵略乌克兰的背景下依赖俄罗斯能源供应的热点问题,并论证了克服这种依赖的重要性。最新研究和出版物分析。近年来发表的大量科学论文表明,乌克兰和外国科学家(律师和经济学家)经常研究能源安全和欧盟成员国在能源部门合作的法律支持问题。目前,在法律和经济理论中,能源关系领域,特别是能源安全领域,最常与S. D.比洛茨基、T. A.格拉博维奇、R. R.杜巴斯、M. V.穆济琴科、M.罗根坎普、K.塔卢斯、P. D.卡梅伦等人的名字联系在一起。乌克兰战争大大加强了在欧洲维持适当的能源安全状态的努力,并因此加强了这一领域的科学发展。Аrticle的主体。入侵乌克兰事件严重影响了欧盟成员国乃至整个欧洲大陆的能源安全状况。这反过来又激活了在尽可能短的时间内制定新的和改进现有欧盟能源部门法律框架的进程。作者分析了一系列欧盟立法举措,旨在帮助成员国在不发生大规模动荡的情况下度过供暖季。从笔者对欧盟委员会提案的分析中可以看出,REPowerEU转型计划的规定,即根据欧盟的需要使用生态清洁能源,可以为克服欧洲对俄罗斯的能源依赖做出重大贡献。本文认为,经济有效、快速、大范围地发展可持续可再生能源,符合《欧洲绿色协议》和REPowerEU通信的要求,不可能由成员国独立实现。当然,如果没有所有欧盟成员国的有效协调和联合行动,这种负面后果的平衡是不可能的。过去几十年,强权政治一直是欧盟外交政策的核心,如今,强权政治已成为阻碍欧盟与邻国和能源供应国建立正确战略关系的诸多问题的根源。因此,研究欧盟对第三国的依赖问题及其决策方式,是当代的重大需要,对欧盟能源部门的进一步发展具有重要价值。结论是,这一套措施肯定会在预算领域、投资政策、工业生产结构、摊销费用、价格政策和税收等领域带来经济性质的后果。结论及发展展望。欧洲能源系统面临的挑战和不确定性是自20世纪70年代能源危机以来近50年来最大的,因此,为克服乌克兰战争对欧盟能源部门的影响而采取的一系列措施是前所未有的。根据《欧洲绿色协议》和REPowerEU通讯的规定,可持续可再生能源的成本效益、快速和大规模部署不能仅靠成员国自己实现。考虑到成员国之间不同的能源政策,在强有力的治理结构的支持下,欧盟层面的行动更有可能实现欧盟的气候目标,并且需要比单独的国家或地方措施更多地部署可再生能源。进一步的措施还可包括以改进天然气采购协调和促进欧洲天然气市场经营者在国际市场上联合采购的形式管制天然气供应。此外,最好考虑逐步采取立法措施,要求过去有这种经验的个别会员国提供多样化的天然气供应。还应特别注意改善与乌克兰的能源伙伴关系。这将处理与乌克兰作为一个过境国的重要性有关的问题,以及与乌克兰能源市场改革有关的问题,例如使天然气网络现代化、为电力市场建立适当的管理框架和提高乌克兰的能源效率,以减少其对进口能源的依赖。在不久的将来,双方将加强与能源共同体在能源领域的合作,这将确保欧盟和能源共同体能源市场更加紧密地一体化,有效实施欧盟环境政策,并刺激能源领域的投资。
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引用次数: 0
Digital Diplomacy: the Implementation of Electronic Visa Services in Ukraine 数字外交:在乌克兰实施电子签证服务
Pub Date : 2022-09-23 DOI: 10.37772/2518-1718-2022-3(39)-10
I. Yakoviyk, Maksym Tsvelikh
Problem setting. In the XXI century almost all aspects of human life are covered by the processes of scientific and technological progress. The sphere of law has not been spared from these processes: thanks to information technologies, certain legal services have become more accessible and convenient. In Ukraine, this was manifested not only in the creation of electronic versions of national legislation and various electronic registers, but also in the provision of administrative services through the relevant services. Consular activities involve the provision of services. Amendments to the procedure for the provision of such administrative services and the provision of such services in electronic form can accelerate the process of digitalization of Ukraine, as well as unload the work of diplomatic institutions and reduce corruption risks. Analysis of recent researches and publications. In the national legal literature in recent years, much attention has been paid to e-government (Kravets R., Kuzhda T., Romaniv T.), while almost no attention is paid to the analysis of the state of implementation of electronic services (Solomko Y.), in particular electronic visa services (Kolomiets G., Makhoniuk O., Mulska O.), which determines the relevance and practical significance of this study. Target of research is to investigate the introduction of electronic services for foreign citizens to obtain a visa to enter or transit through the territory of Ukraine, as well as forecasting the prospects of using electronic visas in Ukraine based on the analysis of foreign experience of using this type of visa. Article’s main body. For the implementation of visa services, the Internet acts as a special platform for submitting, processing and, in some cases, providing a ready-made document granting the right to enter the country. This may be a special government website designed to process visa applications of foreigners or a special web application for migration issues. The use of the e-visa concept has been successfully tested in foreign countries and in the EU. It is mainly used by the states with strict immigration policies in order to facilitate and systematize the work of their diplomatic, consular and migration institutions, an electronic authorization system was created. Conclusions and prospects for the development. As a result of the study of the phenomenon of e-diplomacy, analysis of the practice of using electronic services for the provision of administrative services by diplomatic and consular institutions, analysis of the legislation of the countries with advanced e-visas, the state of implementation of e-visas in Ukraine was assessed and the prospects for their development were determined. The steps of the state in this direction are part of a large reform of digitalization of the country, the implementation of which will improve the image of Ukraine in the world, make our country attractive for tourists, as well as optimize the visa issuance procedure,
问题设置。在二十一世纪,科技进步的进程几乎涵盖了人类生活的所有方面。法律领域也未能幸免于这些进程:由于信息技术,某些法律服务变得更加容易获得和方便。在乌克兰,这不仅表现在建立国家立法和各种电子登记册的电子版本,而且还表现在通过有关部门提供行政服务。领事活动包括提供服务。修改提供此类行政服务的程序并以电子形式提供此类服务,可以加快乌克兰的数字化进程,减轻外交机构的工作负担,降低腐败风险。分析最近的研究和出版物。在近年来的国家法律文献中,对电子政务的关注较多(Kravets R., Kuzhda T., Romaniv T.),而对电子服务实施状况的分析(Solomko Y.),特别是电子签证服务的分析(Kolomiets G., Makhoniuk O., Mulska O.),这决定了本研究的相关性和现实意义。研究目标是调查外国公民获得进入或过境乌克兰领土的签证的电子服务的引入,以及在分析国外使用这种签证的经验的基础上,预测在乌克兰使用电子签证的前景。文章的主体。在实施签证服务方面,互联网作为提交、处理和在某些情况下提供授予入境权的现成文件的特殊平台。这可能是一个专门处理外国人签证申请的政府网站,也可能是一个专门处理移民问题的网站。电子签证概念的使用已经在国外和欧盟得到了成功的测试。它主要是由具有严格的移民政策的国家使用,为了方便和系统化其外交,领事和移民机构的工作,创建了一个电子授权系统。结论及发展展望。由于研究了电子外交现象,分析了外交和领事机构使用电子服务提供行政服务的做法,分析了拥有先进电子签证的国家的立法,评估了乌克兰电子签证的实施状况,并确定了其发展前景。国家在这方面的步骤是国家数字化改革的一部分,其实施将改善乌克兰在世界上的形象,使我国对游客具有吸引力,并优化签证签发程序,减轻外交和领事使团,处理签证申请的授权人员和乌克兰移民局的工作量。作为数字外交的一个组成部分,电子签证机构的引入为快速的双边接触和沟通提供了机会,从而有助于实现乌克兰到2025年国家移民政策战略中设定的目标。
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引用次数: 0
Legal Basis for the Development of the Research Infrastructure System in Ukraine 乌克兰研究基础设施体系发展的法律基础
Pub Date : 2022-09-23 DOI: 10.37772/2518-1718-2022-3(39)-4
Olha Holovashchenko
Problem setting. The research is devoted to the analysis of the development of research infrastructures of the European Union. The article analyzes the legal basis and practice of the functioning of research infrastructures in the European Research Area and Ukraine. Analysis of resent researches and publications. Today, aspects of the development of innovation systems and research infrastructures of the European Union are a topic for research of many domestic researchers. However, the issue of integration of the scientific and innovative system of Ukraine into the European Research Area remains urgent. Target of research. The purpose of the article is to analyze the legal basis for the creation and functioning of the system of research infrastructures in Ukraine. Аrticle’s main body. Research infrastructures means a research facility necessary for conducting comprehensive research and development with high financial and technology demands, approved by the Government and established to be also used by other research organizations. ‘Research Infrastructure’ means facilities, resources and related services that are used by the scientific community to conduct top-level research in their respective fields and covers major scientific equipment or sets of instruments; knowledgebased resources such as collections, archives or structures for scientific information; enabling Information and Communications Technology-based infrastructures such as Grid, computing, software and communication, or any other entity of a unique nature essential to achieve excellence in research. Such infrastructures may be ‘single-sited’ or ‘distributed’ (an organised network of resources). In 2021, the Ministry of Education and Science of Ukraine approved the Roadmap for the integration of the scientific and innovative system of Ukraine into the European research area. The priority is to increase the effectiveness of the national innovation system, with the aim of harmonizing policy in the field of scientific, scientific and technical and innovative activities in accordance with EU standards and norms, forming a comprehensive approach to the assessment of the quality of scientific and scientific and technical activities, sustainable funding of R&D for the development of scientific, scientific-technical and innovative activities. Conclusions and prospects for the development. In recent years, the research infrastructure of the EU has undergone significant development. As for Ukraine, which is just beginning its path in this direction, an important step was the adoption of the Concept of the State Target Program for Research Infrastructures in Ukraine until 2026, as well as the approval of the Roadmap for integration of Ukraine’s research and innovation system into the European Research Area.
问题设置。该研究致力于分析欧盟研究基础设施的发展。本文分析了欧洲研究区和乌克兰研究基础设施运作的法律依据和实践。最新研究和出版物分析。今天,欧盟的创新系统和研究基础设施的发展方面是许多国内研究人员研究的主题。然而,将乌克兰的科学和创新系统纳入欧洲研究区的问题仍然紧迫。研究目标。本文的目的是分析乌克兰研究基础设施系统的创建和运作的法律依据。Аrticle的主体。研究基础设施是指为进行对财政和技术要求很高的全面研究和发展而设立,并获政府批准供其他研究机构使用的研究设施。“研究基础设施”是指科学界在各自领域进行顶级研究所使用的设施、资源和相关服务,包括重大科学设备或成套仪器;以知识为基础的资源,如科学信息的收藏、档案或结构;支持基于信息和通信技术的基础设施,如网格、计算、软件和通信,或任何其他对实现卓越研究至关重要的独特性质的实体。这种基础设施可以是“单站点”或“分布式”(有组织的资源网络)。2021年,乌克兰教育和科学部批准了将乌克兰的科学和创新体系融入欧洲研究领域的路线图。优先事项是提高国家创新体系的有效性,目的是根据欧盟标准和规范协调科学、科学技术和创新活动领域的政策,形成科学和科学技术活动质量评估的综合方法,为科学、科学技术和创新活动的发展提供可持续的研发资金。结论及发展展望。近年来,欧盟的研究基础设施有了显著的发展。对于刚刚开始向这一方向迈进的乌克兰来说,重要的一步是通过了乌克兰到2026年的国家研究基础设施目标计划概念,以及批准了乌克兰研究和创新体系融入欧洲研究区的路线图。
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引用次数: 1
The impact of e-democracy on social development in Ukraine: theoretical and practical approach 电子民主对乌克兰社会发展的影响:理论与实践方法
Pub Date : 2022-09-23 DOI: 10.37772/2518-1718-2022-3(39)-1
M. Khaustova
Problem setting. The article reveals the peculiarities of the introduction of e-democracy in Ukraine, highlights the main tools of activity and gives the best practices of functioning. The perception and readiness of the society for the transition to the e-platform is shown. To achieve the goal set in the work, such general theoretical research methods as analysis, synthesis, induction, deduction, comparison were used to determine the content and components of the concepts of “e-democracy” and “e-governance”; a systematic approach to generalize the main methodological approaches to the formation and essence of electronic democracy; methods of positive and normative analysis to develop recommendations for improving the e-democracy transformation model. And special (systematization, abstraction, decomposition) methods of scientific knowledge, with the help of which the article examines the theoretical foundations of the digital economy and carries out a critical comprehensive analysis and systematization of scientific and practical approaches to the interpretation of the essence of the principles and goals of e-democracy. Analysis of recent researches and publications. Problems of democracy and involvement of the public in policymaking by means of information and communication technologies were studied by C. Armstrong, Y. Harlan, S. Coleman, D. Lathrop, D. Robinson, L. Ruma, E. Felten, S. Schacht, D. Shuler and others However, the first attempts to bring politics online were made by engineer-enthusiasts at the request of the authorities in order to invent an alternative to the outdated routine practice. Such experimental projects as “E-Politics” in Minnesota (1994) and “Online Democracy for Citizens” in Great Britain (1996) were the first to build social networks and create discussion forums. Some local authorities in the Scandinavian countries, Canada, and Great Britain promoted and supported e-democracy projects, but most of them lacked legal regulation and resource provision. Тarget of the research. The article analyzes the concept of e-democracy, e-government. The international experience and developments in the field of e-democracy are determined in order to identify positive legal developments in the field of e-democracy. The actions of the Ukrainian government and parliament in the field of promoting e-democracy in Ukraine are analyzed. The activities that need to be regulated by the Ukrainian government for the further implementation of edemocracy are identified. Article’s main body. The purpose of the article is to systematize the concepts of e-democracy and e-government, to analyze international experience in the field of e-democracy in order to introduce into the domestic legal system positive legal experience in the field of regulating democratic processes, for the further development of new legal norms in the field of e-democracy and e-government , taking into account the need to form a new holistic worldview among its citizens based o
问题设置。这篇文章揭示了乌克兰引入电子民主的特点,强调了主要的活动工具,并给出了运作的最佳实践。显示了社会对过渡到电子平台的感知和准备情况。为实现工作设定的目标,运用分析、综合、归纳、演绎、比较等一般理论研究方法,确定了“电子民主”和“电子治理”概念的内容和构成要素;系统概括了电子民主形成及其本质的主要方法论途径实证分析和规范分析的方法,为完善电子民主转型模式提出建议。以及科学知识的特殊(系统化、抽象、分解)方法,借助这些方法,本文考察了数字经济的理论基础,并对解释电子民主原则和目标的本质的科学和实践方法进行了批判性的综合分析和系统化。分析最近的研究和出版物。C. Armstrong、Y. Harlan、S. Coleman、D. Lathrop、D. Robinson、L. Ruma、E. Felten、S. Schacht、D. Shuler等人通过信息和通信技术研究了民主和公众参与决策的问题。然而,最初将政治引入网络的尝试是由工程师爱好者应当局的要求做出的,目的是发明一种替代过时的常规做法的方法。明尼苏达州的“电子政治”(1994)和英国的“公民在线民主”(1996)等实验项目是第一个建立社会网络和创建论坛的项目。斯堪的纳维亚国家、加拿大和英国的一些地方政府推动和支持电子民主项目,但大多数地方政府缺乏法律规定和资源提供。Тarget的研究。本文分析了电子民主、电子政务的概念。确定电子民主领域的国际经验和发展,以确定电子民主领域的积极法律发展。分析了乌克兰政府和议会在推动乌克兰电子民主方面的行动。确定了乌克兰政府为进一步实施电子民主而需要规范的活动。文章的主体。本文的目的是梳理电子民主和电子政务的概念,分析电子民主领域的国际经验,以便将规范民主进程领域的积极法律经验引入国内法律体系,为电子民主和电子政务领域的新法律规范的进一步发展提供依据。考虑到需要根据法律、公共行政科学等方面的全球发展趋势在其公民中形成一种新的整体世界观。结论是,电子民主应该占据一个有价值的位置,进入激进政治改革的议程,成为公共行政的一个组成部分,特别是在目前阶段的戒严条件下。电子民主和电子治理问题的研究,以及这些机构在乌克兰的实施,是基于欧洲委员会关于电子民主的本质、结构、特征及其实施的方法。结论及发展展望。电子民主不能被认为是解决所有民主或公共传播问题的灵丹妙药,但它无疑有助于民主和互联网这两个在现阶段不可分割的历史项目的发展。因此,电子民主应该占据一个有价值的位置,进入激进政治改革的议程,成为公共行政的一个组成部分,特别是在目前阶段的戒严条件下。
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引用次数: 1
Tax and customs preferences und er the condition s of martial state in Ukraine 在乌克兰军事状态下的税收和海关优惠
Pub Date : 2022-09-23 DOI: 10.37772/2518-1718-2022-3(39)-6
A. Kolisnyk
Problem setting. Business in wartime conditions faces a large number of problems, among which the main ones are: a decrease in demand for products, an increase in the prices of raw materials and materials, a lack of working capital, problems with delivery and export, a shortage of fuel and an increase in its prices. The absence of a functioning business in the country, or even in some of its regions, has a negative impact on the amount of income to the budget, and also has a negative impact on the labor market. Thus, since the beginning of the full-scale war of Russia against Ukraine, the Verkhovna Rada of Ukraine has adopted a number of significant changes to the legislation, which provide for a significant relaxation of taxation for businesses during the period of martial law. This position of the legislator is quite logical and well-argued, since the wartime economy needs tax liberalization. In particular, it is about reducing the tax burden and simplifying their administration procedures. Analysis of recent researches and publications. Such researchers as: O. Dmytryk, V. Ryadinska, O. Semchyk, K. Tokarieva and others are engaged in researching current problems of tax and legal regulation. However, taking into account the fact that Russia’s military aggression against Ukraine caused a large number of changes to the current legislation, new legal norms of tax and customs regulation were introduced, there is a need for appropriate monitoring of new changes. Target of the article is to analyze some tax and customs preferences in the conditions of martial law in Ukraine. Article’s main body. The article analyzes a number of tax and customs preferences under martial law in Ukraine. It is emphasized that the wartime economy needs to reduce the tax burden on business and simplify the procedures for the administration of taxes and fees. Preferences for industrial parks in Ukraine are considered as one of the directions of development of post-war Ukraine. Conclusions and prospects for the development. The above testifies to the comprehensive approach of the legislator to granting preferences in industrial production, in particular, for the activity of industrial parks in Ukraine. Such changes are considered positive given the fact that in the post-war reconstruction of Ukraine, issues related to the introduction of modern technologies into all spheres of social life, the development and integration of innovations into production processes are becoming more relevant. In addition, the consequences of the military aggression of the Russian Federation had a very negative impact on the national economy of Ukraine, for its restoration it will be necessary to attract large-scale investments, and therefore in every possible way to form a favorable investment climate.
问题设置。战时企业面临着许多问题,其中主要的是:产品需求减少,原材料价格上涨,流动资金缺乏,运输和出口出现问题,燃料短缺,价格上涨。在一个国家,甚至在某些地区,没有一个正常运作的企业,会对预算收入产生负面影响,也会对劳动力市场产生负面影响。因此,自从俄罗斯对乌克兰的全面战争开始以来,乌克兰最高拉达对立法进行了一些重大修改,规定在戒严令期间大大放宽对企业的征税。由于战时经济需要税收自由化,立法者的这一立场非常合乎逻辑,而且有充分的理由。特别是减少税收负担和简化行政程序。”分析最近的研究和出版物。如:O. Dmytryk, V. Ryadinska, O. Semchyk, K. Tokarieva等人从事当前税收和法律监管问题的研究。但是,考虑到俄罗斯对乌克兰的军事侵略使现行立法发生了大量变化,引入了新的税收和海关法规法律规范,因此有必要对新的变化进行适当监测。本文的目的是分析乌克兰戒严条件下的一些税收和海关优惠。文章的主体。本文分析了乌克兰戒严令下的一些税收和海关优惠。他们强调,战时经济需要减轻企业的税收负担,并简化税费管理程序。乌克兰对工业园区的偏好被认为是战后乌克兰的发展方向之一。结论及发展展望。上述情况证明了立法者在工业生产方面给予优惠的全面做法,特别是对乌克兰工业园区的活动。这种变化被认为是积极的,因为在乌克兰的战后重建中,与将现代技术引入社会生活的所有领域、发展和将创新纳入生产过程有关的问题正变得越来越重要。此外,俄罗斯联邦军事侵略的后果对乌克兰的国民经济产生了非常不利的影响,为了恢复乌克兰的国民经济,必须吸引大规模投资,因此必须以一切可能的方式形成有利的投资环境。
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引用次数: 0
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Law and innovations
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