Pub Date : 2023-11-01DOI: 10.33327/ajee-18-6.4-a000489
Fejzi Beqiri, Elda Maloku, Ahmet Maloku
Background: The trafficking of human organs has evolved over the years. At first it appeared across isolated cases, but over time it has increased the curiosity of organised crime due to the high benefits and the small possibility of the perpetrators being pursued with an international character. The perpetrators of this criminal act start this criminal activity with the trafficking of sperm, but they can also continue with the tissues and organs from corpses. Also, human rights have evolved in recent decades. Today, human rights are at the epicentre of global poli- tics. In addition, security issues, poverty, social inequality, non-respect of human rights, lack of adequate laws, and lack of law enforcement are prerequisites for a particular impact on the trafficking of human organs. Methods: This paper provides a comparative look at the topic with a special emphasis on hu- man organ trafficking by analysing in different and interrelated perspectives, including the social aspect, criminal aspect, the benefits of criminal groups, and the violation of basic human rights. Results and Conclusions: As part of the concluding remarks, suggestions for future actions by law enforcement institutions in terms of anti-trafficking policies and practices.
{"title":"Human Organs Trafficking: Perspective from Criminal Matters, Business and Human Rights","authors":"Fejzi Beqiri, Elda Maloku, Ahmet Maloku","doi":"10.33327/ajee-18-6.4-a000489","DOIUrl":"https://doi.org/10.33327/ajee-18-6.4-a000489","url":null,"abstract":"Background: The trafficking of human organs has evolved over the years. At first it appeared across isolated cases, but over time it has increased the curiosity of organised crime due to the high benefits and the small possibility of the perpetrators being pursued with an international character. The perpetrators of this criminal act start this criminal activity with the trafficking of sperm, but they can also continue with the tissues and organs from corpses. Also, human rights have evolved in recent decades. Today, human rights are at the epicentre of global poli- tics. In addition, security issues, poverty, social inequality, non-respect of human rights, lack of adequate laws, and lack of law enforcement are prerequisites for a particular impact on the trafficking of human organs. Methods: This paper provides a comparative look at the topic with a special emphasis on hu- man organ trafficking by analysing in different and interrelated perspectives, including the social aspect, criminal aspect, the benefits of criminal groups, and the violation of basic human rights. Results and Conclusions: As part of the concluding remarks, suggestions for future actions by law enforcement institutions in terms of anti-trafficking policies and practices.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":"25 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135371611","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-01DOI: 10.33327/ajee-18-6.4-n000481
Background: In this article, the authors carried out a systematic analysis of the current state of awarding military awards and the prospects for changes in the legislation of Ukraine regarding the awarding procedure and the system of state awards. In particular, the following issues were considered: the general procedure for awarding state awards, the grounds for awarding state awards, subjects of submissions and petitions for awarding state awards, proposed anti-corruption regulations, and foreign models of awarding military awards. In addition, the article provides statistical data on persons who have been awarded the title of Hero of Ukraine for outstanding heroic deeds since the beginning of the full-scale invasion of the Russian Federation. Comparisons with the foreign models of awarding as a state policy were made on the example of continental European states and the Anglo-Saxon legal system. Results and Conclusions: The study aims to clarify the mechanism of awarding the state awards of Ukraine and identify if it meets the main current challenges and fits with the regulation of the European standards and anti-corruption and democratic norms. In the meantime, it was found that the social security of the awarded persons is still insufficient and impacts the prestige of the military awards.
{"title":"State Awards of Ukraine in Wartime as a Factor of the National and State Consciousness Formation","authors":"","doi":"10.33327/ajee-18-6.4-n000481","DOIUrl":"https://doi.org/10.33327/ajee-18-6.4-n000481","url":null,"abstract":"Background: In this article, the authors carried out a systematic analysis of the current state of awarding military awards and the prospects for changes in the legislation of Ukraine regarding the awarding procedure and the system of state awards. In particular, the following issues were considered: the general procedure for awarding state awards, the grounds for awarding state awards, subjects of submissions and petitions for awarding state awards, proposed anti-corruption regulations, and foreign models of awarding military awards. In addition, the article provides statistical data on persons who have been awarded the title of Hero of Ukraine for outstanding heroic deeds since the beginning of the full-scale invasion of the Russian Federation. Comparisons with the foreign models of awarding as a state policy were made on the example of continental European states and the Anglo-Saxon legal system. Results and Conclusions: The study aims to clarify the mechanism of awarding the state awards of Ukraine and identify if it meets the main current challenges and fits with the regulation of the European standards and anti-corruption and democratic norms. In the meantime, it was found that the social security of the awarded persons is still insufficient and impacts the prestige of the military awards.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":"23 11","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135411210","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-01DOI: 10.33327/ajee-18-6.4-n000478
Sergii Venediktov
Background: The full-scale military aggression against Ukraine by the Russian Federation has dramatically affected all walks of life in the country, and the world of work is certainly not exempt from this. During the first months of the war, the operation of many enterprises was significantly disrupted; a substantial proportion of the working-age population was conscripted into the armed forces, some were forced to seek employment in regions of the country not affected by the hostilities or even had to change occupations entirely. This circumstance necessitated the adoption of appropriate legislative measures to stabilise labour relations in the light of wartime. The article focuses on the specifics of Ukrainian labour law in wartime conditions, reveals the difficulties of legal regulation of labour in connection with martial law, and highlights the pos- sible ways of solving the challenges for labour law in the period of armed conflicts based on the experience of Ukraine. Methods: The methods of legal reasoning and analysis were applied to present the main ap- proaches to legal regulation of labour relations during martial law in Ukraine. Actual statisti- cal and empirical data were used for proper argumentation of the conclusions. The method of analogy was used to assess possible ways of solving the challenges faced by labour law during armed conflicts, based on the experience of Ukraine. Results and Conclusions: The article stresses that there is no single approach towards regulating labour relations during armed conflicts. Such conflicts are always unique, i.e. they differ in scale, intensity, duration, technical capabilities of the parties, types of weapons used, etc. Given the diversity of armed conflicts in the world, it is impossible to develop uniform labour standards applicable, for example, at the international level. This demonstrates the priority of national law in adapting the regulation of labour relations to wartime conditions. In this regard, considering the Ukrainian experience, it is appropriate to take into account that: a) armed conflict is dynamic by nature; thus, it can have different stages of development, which can also affect the world of work and labour legislation may need to be systematically revised to reflect new realities; b) considering that the territory of a country may not be evenly affected by the consequences of an armed conflict, in some cases it might be appropriate to provide for the different legal regulation of labour relations for its different regions; c) armed conflict should never be considered a ‘valid reason’ for unjustified and long-lasting restriction of employees’ rights, as it is at a period when they are more vulnerable and therefore require additional legal protection.
{"title":"The Impact of the Armed Conflict on Labour Law: The Case of Ukraine","authors":"Sergii Venediktov","doi":"10.33327/ajee-18-6.4-n000478","DOIUrl":"https://doi.org/10.33327/ajee-18-6.4-n000478","url":null,"abstract":"Background: The full-scale military aggression against Ukraine by the Russian Federation has dramatically affected all walks of life in the country, and the world of work is certainly not exempt from this. During the first months of the war, the operation of many enterprises was significantly disrupted; a substantial proportion of the working-age population was conscripted into the armed forces, some were forced to seek employment in regions of the country not affected by the hostilities or even had to change occupations entirely. This circumstance necessitated the adoption of appropriate legislative measures to stabilise labour relations in the light of wartime. The article focuses on the specifics of Ukrainian labour law in wartime conditions, reveals the difficulties of legal regulation of labour in connection with martial law, and highlights the pos- sible ways of solving the challenges for labour law in the period of armed conflicts based on the experience of Ukraine. Methods: The methods of legal reasoning and analysis were applied to present the main ap- proaches to legal regulation of labour relations during martial law in Ukraine. Actual statisti- cal and empirical data were used for proper argumentation of the conclusions. The method of analogy was used to assess possible ways of solving the challenges faced by labour law during armed conflicts, based on the experience of Ukraine. Results and Conclusions: The article stresses that there is no single approach towards regulating labour relations during armed conflicts. Such conflicts are always unique, i.e. they differ in scale, intensity, duration, technical capabilities of the parties, types of weapons used, etc. Given the diversity of armed conflicts in the world, it is impossible to develop uniform labour standards applicable, for example, at the international level. This demonstrates the priority of national law in adapting the regulation of labour relations to wartime conditions. In this regard, considering the Ukrainian experience, it is appropriate to take into account that: a) armed conflict is dynamic by nature; thus, it can have different stages of development, which can also affect the world of work and labour legislation may need to be systematically revised to reflect new realities; b) considering that the territory of a country may not be evenly affected by the consequences of an armed conflict, in some cases it might be appropriate to provide for the different legal regulation of labour relations for its different regions; c) armed conflict should never be considered a ‘valid reason’ for unjustified and long-lasting restriction of employees’ rights, as it is at a period when they are more vulnerable and therefore require additional legal protection.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":"25 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135371610","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-01DOI: 10.33327/ajee-18-6.4-a000475
Dovilė Pūraitė-Andrikienė
Background: The mechanism of individual constitutional complaints has been in place in most European states. In the constitutional legal practice of European states, constitutional complaints as the specific procedural instrument for protecting a person’s constitutional rights and freedoms have become an increasingly acceptable, applicable, and justifiable measure. However, Lithuania has introduced this mechanism of human rights protection only with constitutional amendments of 2019. This article examines the legal regulation governing the institution of constitutional complaints, as well as the use of this institution in Lithuania in 2019–2022. The research aims to shed light on the choice of the Lithuanian model of constitutional complaints and its main features, as well as to identify the problematic aspects of this model. Methods: To reveal theoretical and practical aspects of the question under consideration, this article combines different methods of scientific inquiry, including analysis of documents, as well as the logical, systemic, critical, comparative, teleological, and linguistic methods of analysis. The method of document content analysis was used to analyse the content of relevant normative and jurisprudential research sources. This approach used the text of the analysed documents to identify relevant words and phrases, contextualise their usage, and link the acquired data to statements in specialised literature. The analysis hinged on theoretical methods, particularly systemic and logical analysis, used to analyse virtually all the aspects discussed in the paper. Comparative analysis was used to compare the legal regulation of the constitutional complaint model in other Central and Eastern European countries and the Lithuanian legal regulation on similar issues. Teleological and linguistic methods of analysis have been used to clarify the content of the ambiguously understood provisions governing the individual constitutional com- plaint model, the true intentions of the legislator, and the meaning of the concepts contained in the legislation. The paper also analyses the statistical information on the admissibility of constitutional complaints in Lithuania and other aspects of using this human rights protection mechanism in 2019–2022. Results and conclusion. The paper concludes that after the amendments to the Constitution concerning the consolidation of individual constitutional complaints entered into force in 2019, Lithuania can no longer be categorised among the states with a limited scope of entities entitled
{"title":"Understanding the Mechanism of Individual Constitutional Complaints in Lithuania: Main Features and Challenges of the First Years of Application","authors":"Dovilė Pūraitė-Andrikienė","doi":"10.33327/ajee-18-6.4-a000475","DOIUrl":"https://doi.org/10.33327/ajee-18-6.4-a000475","url":null,"abstract":"Background: The mechanism of individual constitutional complaints has been in place in most European states. In the constitutional legal practice of European states, constitutional complaints as the specific procedural instrument for protecting a person’s constitutional rights and freedoms have become an increasingly acceptable, applicable, and justifiable measure. However, Lithuania has introduced this mechanism of human rights protection only with constitutional amendments of 2019. This article examines the legal regulation governing the institution of constitutional complaints, as well as the use of this institution in Lithuania in 2019–2022. The research aims to shed light on the choice of the Lithuanian model of constitutional complaints and its main features, as well as to identify the problematic aspects of this model. Methods: To reveal theoretical and practical aspects of the question under consideration, this article combines different methods of scientific inquiry, including analysis of documents, as well as the logical, systemic, critical, comparative, teleological, and linguistic methods of analysis. The method of document content analysis was used to analyse the content of relevant normative and jurisprudential research sources. This approach used the text of the analysed documents to identify relevant words and phrases, contextualise their usage, and link the acquired data to statements in specialised literature. The analysis hinged on theoretical methods, particularly systemic and logical analysis, used to analyse virtually all the aspects discussed in the paper. Comparative analysis was used to compare the legal regulation of the constitutional complaint model in other Central and Eastern European countries and the Lithuanian legal regulation on similar issues. Teleological and linguistic methods of analysis have been used to clarify the content of the ambiguously understood provisions governing the individual constitutional com- plaint model, the true intentions of the legislator, and the meaning of the concepts contained in the legislation. The paper also analyses the statistical information on the admissibility of constitutional complaints in Lithuania and other aspects of using this human rights protection mechanism in 2019–2022. Results and conclusion. The paper concludes that after the amendments to the Constitution concerning the consolidation of individual constitutional complaints entered into force in 2019, Lithuania can no longer be categorised among the states with a limited scope of entities entitled","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":"25 10","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135371746","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-20DOI: 10.33327/ajee-18-6.4-a000410
Vincentas Rolandas Giedraitis, Andriy Stavytskyy, Ganna Kharlamova, Erstida Ulvidienė
Background: Our preliminary research shows that tax reform can have a meaningful impact in reducing the corporate shadow economy of a society. Countries are constantly applying lower tax rates to attract large businesses to their territory. They are also trying to improve tax collection efficiency in their jurisdiction area. We study the relationship between the Baltic countries' tax systems and the shadow economy level within their respective economies. Our research examines how economic growth can reduce the corporate shadow economy due to changes in tax collections. Methods: Based on quarterly data from 2002-2022, a panel regression was chosen for the analysis, which allows for determining the impact of each specific tax on the level of the shadow economy separately, considering all three samples as one synergistic system. Results and Conclusions: Thus far, we find that for all types of taxes, the models have the same structure, which allows for comparing the impact of gross domestic product on tax collections both in the short and long term. Our analysis showed that the effective income tax rate growth increases the shadow economy; that is, the country's citizens attempt to move into the shadows. At the same time, the growth of the effective corporate income tax rate, on the contrary, reduces the level of the shadow economy. A positive increase in the effective VAT rate also contributes to the growth of the shadow economy. The long-term effect for general taxes is almost 19% higher than the growth of the tax base. Thus, as to the Lithuanian economy, for example, it has a tendency for a reduction of the shadow economy, which means that there are significant opportunities for further improvement.
{"title":"BRING ON THE LIGHT: REDUCTION OF THE CORPORATE SHADOW ECONOMY BY TAX REFORM","authors":"Vincentas Rolandas Giedraitis, Andriy Stavytskyy, Ganna Kharlamova, Erstida Ulvidienė","doi":"10.33327/ajee-18-6.4-a000410","DOIUrl":"https://doi.org/10.33327/ajee-18-6.4-a000410","url":null,"abstract":"Background: Our preliminary research shows that tax reform can have a meaningful impact in reducing the corporate shadow economy of a society. Countries are constantly applying lower tax rates to attract large businesses to their territory. They are also trying to improve tax collection efficiency in their jurisdiction area. We study the relationship between the Baltic countries' tax systems and the shadow economy level within their respective economies. Our research examines how economic growth can reduce the corporate shadow economy due to changes in tax collections. Methods: Based on quarterly data from 2002-2022, a panel regression was chosen for the analysis, which allows for determining the impact of each specific tax on the level of the shadow economy separately, considering all three samples as one synergistic system. Results and Conclusions: Thus far, we find that for all types of taxes, the models have the same structure, which allows for comparing the impact of gross domestic product on tax collections both in the short and long term. Our analysis showed that the effective income tax rate growth increases the shadow economy; that is, the country's citizens attempt to move into the shadows. At the same time, the growth of the effective corporate income tax rate, on the contrary, reduces the level of the shadow economy. A positive increase in the effective VAT rate also contributes to the growth of the shadow economy. The long-term effect for general taxes is almost 19% higher than the growth of the tax base. Thus, as to the Lithuanian economy, for example, it has a tendency for a reduction of the shadow economy, which means that there are significant opportunities for further improvement.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135567494","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-20DOI: 10.33327/ajee-18-6.4-a000411
Zhumabayeva Aigerim, Amanzhol Nurmagambetov
Background. The article is devoted to the main issues of legal regulation of platform employment in the Republic of Kazakhstan. The authors gradually considered the issues of the overarching concept of platform employment, its national legal regulation, the correlation of platform employment with labour relations, and the necessity of mandating Internet platform operators to conclude employment contracts with individuals providing their services. Methods: In the process of analysing the current Kazakhstani labour and related legislation, national and international judicial practice, the authors came to the conclusion that the Social Code adopted in 2023 and the Law ‘On Online Platforms and Online Advertising’ separate the concept of an Internet platform and online -platforms. Internet platforms are so-called work platforms that specialise in mediating the provision of services and work performance. The authors identified several problems that arose with adopting the Social Code. In particular, the authors do not share the legislator’s idea on the need for civil law regulation of relations in platform employment between the contractor and the Internet platform operator. The authors propose a targeted approach to determining the nature of the legal regulation of platform employment. Labour activity using Internet platforms, if it has signs of hidden labour relations specified in the ILO recommendations, should be regulated by labour legislation. Otherwise, the trend towards precarisation of the Kazakh labour society will inevitably strengthen. Results and conclusions: Based on the statistical data analysis, the authors concluded that more and more people with higher or professional education adjoin the number of self-employed, hence the performers of platform employment. The data suggest that precarisation in the Republic of Kazakhstan is rapidly spreading among the underclass labourers and the relatively prosperous and promising able-bodied population of the country.
{"title":"PLATFORM EMPLOYMENT AND THE OBLIGATION TO CONCLUDE AN EMPLOYMENT CONTRACT IN THE REPUBLIC OF KAZAKHSTAN: ISSUES OF THEORY AND PRACTICE","authors":"Zhumabayeva Aigerim, Amanzhol Nurmagambetov","doi":"10.33327/ajee-18-6.4-a000411","DOIUrl":"https://doi.org/10.33327/ajee-18-6.4-a000411","url":null,"abstract":"Background. The article is devoted to the main issues of legal regulation of platform employment in the Republic of Kazakhstan. The authors gradually considered the issues of the overarching concept of platform employment, its national legal regulation, the correlation of platform employment with labour relations, and the necessity of mandating Internet platform operators to conclude employment contracts with individuals providing their services. Methods: In the process of analysing the current Kazakhstani labour and related legislation, national and international judicial practice, the authors came to the conclusion that the Social Code adopted in 2023 and the Law ‘On Online Platforms and Online Advertising’ separate the concept of an Internet platform and online -platforms. Internet platforms are so-called work platforms that specialise in mediating the provision of services and work performance. The authors identified several problems that arose with adopting the Social Code. In particular, the authors do not share the legislator’s idea on the need for civil law regulation of relations in platform employment between the contractor and the Internet platform operator. The authors propose a targeted approach to determining the nature of the legal regulation of platform employment. Labour activity using Internet platforms, if it has signs of hidden labour relations specified in the ILO recommendations, should be regulated by labour legislation. Otherwise, the trend towards precarisation of the Kazakh labour society will inevitably strengthen. Results and conclusions: Based on the statistical data analysis, the authors concluded that more and more people with higher or professional education adjoin the number of self-employed, hence the performers of platform employment. The data suggest that precarisation in the Republic of Kazakhstan is rapidly spreading among the underclass labourers and the relatively prosperous and promising able-bodied population of the country.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":"161 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135568016","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-20DOI: 10.33327/ajee-18-6.4-a000473
Nataliia Kochkina
The favourable perception of Ukraine, bolstered by global support during the full-scale Russian invasion of Ukraine, has profoundly influenced the country's national brand. This has increased receptiveness towards Ukrainian products, particularly in Europe and North America. These perceptual shifts have yielded notable ramifications for Ukraine's export patterns and trade dynamics. This article investigates the relationship between the positive perception of Ukraine, the "Made in Ukraine" concept, and the consumption of Ukrainian goods. It specifically emphasises the impact of the country of origin on consumer perceptions and decision-making processes. By examining these factors, the study endeavours to enrich the comprehension of consumer preferences while furnishing practical insights relevant to Ukrainian brands engaged in international markets. The research findings contribute to the existing literature on a nation's image, national branding, and consumer behaviour. Furthermore, they offer invaluable guid- ance for Ukrainian enterprises seeking to leverage their national brand and promote "Made in Ukraine" products globally. Methods: The research methodology encompasses a two-stage approach that includes desk re- search and a survey to investigate the external environmental factors and comprehend German residents' attitudes and purchasing behaviour regarding Ukrainian pharmaceutical products. The formulated research questions aim to reveal the drivers behind product choices and perceptions of Ukraine as a nation. Several factors, including the established Ukrainian pharmaceutical industry, the potential for increased support and investment, geopolitical dynamics, the demand within the German healthcare system, and future growth opportunities, underpin the German market selection as this study's focal point. Results and conclusions: The desk research analysis has identified numerous market oppor- tunities available to Ukrainian pharmaceutical manufacturers in the German market. These opportunities encompass leveraging the COVID-19 crisis, addressing medicine shortages, and strategically targeting specific demographic segments. The survey analysis, on the other hand, sheds light on the motivations and attitudes of Germans toward Ukrainian pharmaceutical products. It highlights the significance of doctors' prescriptions and pharmacists' influential recommendations. The survey indicates a strong willingness among Germans to support Ukraine by purchasing its pharmaceutical offerings. To harness Ukraine's positive perception in the Ger-man market, Ukrainian manufacturers should proactively implement communication strategies and cultivate robust relationships with healthcare professionals. They should focus on augment- ing their product portfolio and optimising supply chain efficiency while raising awareness and collaborating with pertinent stakeholders. Ultimately, this study underscores the potential for Ukrainian pharmaceutical manufacturers to l
{"title":"War as a Catalyst: Ukraine's Inspiring Narrative for “Made In Ukraine” Pharmaceuticals in the German Market","authors":"Nataliia Kochkina","doi":"10.33327/ajee-18-6.4-a000473","DOIUrl":"https://doi.org/10.33327/ajee-18-6.4-a000473","url":null,"abstract":"The favourable perception of Ukraine, bolstered by global support during the full-scale Russian invasion of Ukraine, has profoundly influenced the country's national brand. This has increased receptiveness towards Ukrainian products, particularly in Europe and North America. These perceptual shifts have yielded notable ramifications for Ukraine's export patterns and trade dynamics. This article investigates the relationship between the positive perception of Ukraine, the \"Made in Ukraine\" concept, and the consumption of Ukrainian goods. It specifically emphasises the impact of the country of origin on consumer perceptions and decision-making processes. By examining these factors, the study endeavours to enrich the comprehension of consumer preferences while furnishing practical insights relevant to Ukrainian brands engaged in international markets. The research findings contribute to the existing literature on a nation's image, national branding, and consumer behaviour. Furthermore, they offer invaluable guid- ance for Ukrainian enterprises seeking to leverage their national brand and promote \"Made in Ukraine\" products globally. Methods: The research methodology encompasses a two-stage approach that includes desk re- search and a survey to investigate the external environmental factors and comprehend German residents' attitudes and purchasing behaviour regarding Ukrainian pharmaceutical products. The formulated research questions aim to reveal the drivers behind product choices and perceptions of Ukraine as a nation. Several factors, including the established Ukrainian pharmaceutical industry, the potential for increased support and investment, geopolitical dynamics, the demand within the German healthcare system, and future growth opportunities, underpin the German market selection as this study's focal point. Results and conclusions: The desk research analysis has identified numerous market oppor- tunities available to Ukrainian pharmaceutical manufacturers in the German market. These opportunities encompass leveraging the COVID-19 crisis, addressing medicine shortages, and strategically targeting specific demographic segments. The survey analysis, on the other hand, sheds light on the motivations and attitudes of Germans toward Ukrainian pharmaceutical products. It highlights the significance of doctors' prescriptions and pharmacists' influential recommendations. The survey indicates a strong willingness among Germans to support Ukraine by purchasing its pharmaceutical offerings. To harness Ukraine's positive perception in the Ger-man market, Ukrainian manufacturers should proactively implement communication strategies and cultivate robust relationships with healthcare professionals. They should focus on augment- ing their product portfolio and optimising supply chain efficiency while raising awareness and collaborating with pertinent stakeholders. Ultimately, this study underscores the potential for Ukrainian pharmaceutical manufacturers to l","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":"56 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135567302","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-20DOI: 10.33327/ajee-18-6.4-n000414
Background: The conditions of the legal regime of martial law, introduced in Ukraine in response to Russia’s full-scale invasion, have ushered in a new legal framework that has reshaped the landscape for all state institutions and Ukrainian society. The judiciary, tasked with responding to new challenges, adapting to new living conditions, and charting a course for its future development, has found itself in a transformative position. The need to optimise the judicial system is becoming increasingly evident in Ukraine. The question arises of how to organise judicial authorities to effectively administer justice for the state, even amidst a severe lack of funds and personnel. The article attempts to forecast the prospects of optimisation of the judicial system of Ukraine, considering the national features of its model and the ongoing course of the war. We will focus on the optimisation of the judicial governance bodies responsible for upholding the independence of the judiciary and corresponding to the characteristics of the Judicial Council, whose institutional composition reflects Ukraine’s distinct model. In addition, in the lead-up to the imposition of martial law in Ukraine, the judicial governance bodies found themselves in a state of crisis, leading to dysfunctionality within this institution and demonstrating its vulnerabilities. It is essential to analyse the reasons that led to the negative consequences of the functioning of the judiciary, especially in the context of the war’s influence. This analysis is important in constructing legislative rules to prevent crisis phenomena in judicial governance and ensure its stable and continuous functioning. Methods: The author employed a range of research methods in this article, including the historical method, analysis methods and synthesis of information. Using actual empirical information facilitated proper argumentation of the author's conclusions. Results and Conclusions: It was concluded that the challenges caused by the war required a transformation of the political system in general and the judicial system in particular. One way is to optimise its judicial governance bodies as a necessary element of ensuring accessible and fair justice. The national model of judicial governance resulted from the introduction of advanced European practices into the national legal system in the organisation and functioning of such a body as the Judicial Council. However, the historical totalitarian past, peculiarities of the legal culture, and non-identity of political and social conditions influenced the result. As a result of numerous reforms, a hybrid model of the Judicial Council, which should be identified as dual, is functioning in Ukraine. The national experience of the functioning of judicial governance in crisis conditions demonstrated the vulnerability of such a model. This put the issue of implementing appropriate safeguards and guarantees to ensure stable and uninterrupted work of judicial gover
{"title":"OPTIMISATION OF JUDICIAL GOVERNANCE IN UKRAINE AS A PREREQUISITE FOR THE STABILITY OF ITS COURT SYSTEM AFTER WAR","authors":"","doi":"10.33327/ajee-18-6.4-n000414","DOIUrl":"https://doi.org/10.33327/ajee-18-6.4-n000414","url":null,"abstract":"Background: The conditions of the legal regime of martial law, introduced in Ukraine in response to Russia’s full-scale invasion, have ushered in a new legal framework that has reshaped the landscape for all state institutions and Ukrainian society. The judiciary, tasked with responding to new challenges, adapting to new living conditions, and charting a course for its future development, has found itself in a transformative position. The need to optimise the judicial system is becoming increasingly evident in Ukraine. The question arises of how to organise judicial authorities to effectively administer justice for the state, even amidst a severe lack of funds and personnel. The article attempts to forecast the prospects of optimisation of the judicial system of Ukraine, considering the national features of its model and the ongoing course of the war. We will focus on the optimisation of the judicial governance bodies responsible for upholding the independence of the judiciary and corresponding to the characteristics of the Judicial Council, whose institutional composition reflects Ukraine’s distinct model. In addition, in the lead-up to the imposition of martial law in Ukraine, the judicial governance bodies found themselves in a state of crisis, leading to dysfunctionality within this institution and demonstrating its vulnerabilities. It is essential to analyse the reasons that led to the negative consequences of the functioning of the judiciary, especially in the context of the war’s influence. This analysis is important in constructing legislative rules to prevent crisis phenomena in judicial governance and ensure its stable and continuous functioning. Methods: The author employed a range of research methods in this article, including the historical method, analysis methods and synthesis of information. Using actual empirical information facilitated proper argumentation of the author's conclusions. Results and Conclusions: It was concluded that the challenges caused by the war required a transformation of the political system in general and the judicial system in particular. One way is to optimise its judicial governance bodies as a necessary element of ensuring accessible and fair justice. The national model of judicial governance resulted from the introduction of advanced European practices into the national legal system in the organisation and functioning of such a body as the Judicial Council. However, the historical totalitarian past, peculiarities of the legal culture, and non-identity of political and social conditions influenced the result. As a result of numerous reforms, a hybrid model of the Judicial Council, which should be identified as dual, is functioning in Ukraine. The national experience of the functioning of judicial governance in crisis conditions demonstrated the vulnerability of such a model. This put the issue of implementing appropriate safeguards and guarantees to ensure stable and uninterrupted work of judicial gover","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136379343","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-20DOI: 10.33327/ajee-18-6.4-a000405
Alam Asadov
Background: Recently, the Uzbek government expressed interest in introducing Islamic financial services. Nevertheless, the creation of the legal framework for the smooth operation of Islamic financial institutions is dragging. This work attempts to identify legal hurdles preventing thepenetration of the Islamic finance industry in Uzbekistan, and formulates vital policy recommendations to lead the development of a regulatory framework for the industry. Methods: A library research method and legal analysis is employed by going through diverse legal matters. For that purpose, we studied a range of legal documents varying from banking and capital market legislation to some newly introduced laws. Additionally, issues of Islamic finance in the tax law and the civil code of the nation are scrutinized. Results and Conclusions: The finding of the paper shows that some legal barriers exist that hinder the complete implementation of the Islamic finance industry in the country. They are not only in one area of national legislation but also exist in various parts of the legal system. Accordingly, it is recommended that the Uzbek government develop a sound legal and regulatory framework to provide a favourable environment for the activities of Islamic finance institutions. The general conclusion of the research resolves that, even if the process of developing an Islamic finance legal framework may start gradually, it should be holistic to be fully effective.
{"title":"Legal Challenges Hindering the Development of Islamic Finance in Uzbekistan","authors":"Alam Asadov","doi":"10.33327/ajee-18-6.4-a000405","DOIUrl":"https://doi.org/10.33327/ajee-18-6.4-a000405","url":null,"abstract":"Background: Recently, the Uzbek government expressed interest in introducing Islamic financial services. Nevertheless, the creation of the legal framework for the smooth operation of Islamic financial institutions is dragging. This work attempts to identify legal hurdles preventing thepenetration of the Islamic finance industry in Uzbekistan, and formulates vital policy recommendations to lead the development of a regulatory framework for the industry. Methods: A library research method and legal analysis is employed by going through diverse legal matters. For that purpose, we studied a range of legal documents varying from banking and capital market legislation to some newly introduced laws. Additionally, issues of Islamic finance in the tax law and the civil code of the nation are scrutinized. Results and Conclusions: The finding of the paper shows that some legal barriers exist that hinder the complete implementation of the Islamic finance industry in the country. They are not only in one area of national legislation but also exist in various parts of the legal system. Accordingly, it is recommended that the Uzbek government develop a sound legal and regulatory framework to provide a favourable environment for the activities of Islamic finance institutions. The general conclusion of the research resolves that, even if the process of developing an Islamic finance legal framework may start gradually, it should be holistic to be fully effective.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136314083","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-09-20DOI: 10.33327/ajee-18-6.4-a000406
Alban Maliqi, Petrit Nimani
Background: In this article, we address the legal and constitutional position, focusing particularly on the Serbian minority and other minorities in a broader context. We delve into their rights and privileges and Kosovo institutions' obligations and responsibilities concerning national minorities. Certainly, national minorities are an integral part of the population of Kosovo; they should enjoy rights and obligations arising from the Constitution and applicable laws. National minorities are an added value in every society; they enrich the mosaic of the country where they live and should be respected, promoting the values they carry and represent in society. The article pays great attention to the Serb community living in Kosovo, their rights identified by the Ahtisaari package, and the privileges that this package recognises as a minority. The Ahtisaari package acknowledges the Serbian Orthodox Church's unique status and explicitly outlines this community's representation within central institutions. This includes reserved and ensured seats in both the executive and legislative branches. At the local level, the package determines how they will be represented. Minorities are represented in the police, prosecutors' office, court, and all other public institutions. Attention has been paid towards instances of sabotage within the state and institutions of Kosovo by the Serbian community that lives in Kosovo and is influenced and directed by Serbia. Representatives of the Serbian community in Kosovo enjoy income and benefits from the state of Kosovo for the mandate they exercise. Still, their actions within the institutions tend to align with Serbia’s agendas rather than addressing the concerns of the community they are supposed to represent. Despite the absence of recognition from the state of Kosovo and partial acceptance by some Serbs living in Kosovo, it is crucial to acknowledge that Kosovo is an independent state and internationally recognised by 116 democratic states of the world. Notably, the Constitution of Kosovo, as a strong constitution, guarantees double rights in favour of the Serbian community living in Kosovo even though they constitute no more than 5% of the overall population. The research uses the descriptive analysis method, based on the precise description and in-depth analysis of the topic through gathering detailed data related to the research problem, analysing and interpreting legal texts and relevant information and privileging a certain community. These methods have been employed to compare the legislation in force with the international obligations that Kosovo has received through the comprehensive proposal for treating non-majority minorities. Results and Conclusions: Our research shows that national minorities in Kosovo are not treated equally. The Serbian community is constantly privileged and continues to be favoured by the international community, while other communities have substantial problems living in practical t
{"title":"The Constitutional And Legal Position Of National Minorities In Kosovo: Ahtisaari Package And The Privilege Of Minorities","authors":"Alban Maliqi, Petrit Nimani","doi":"10.33327/ajee-18-6.4-a000406","DOIUrl":"https://doi.org/10.33327/ajee-18-6.4-a000406","url":null,"abstract":"Background: In this article, we address the legal and constitutional position, focusing particularly on the Serbian minority and other minorities in a broader context. We delve into their rights and privileges and Kosovo institutions' obligations and responsibilities concerning national minorities. Certainly, national minorities are an integral part of the population of Kosovo; they should enjoy rights and obligations arising from the Constitution and applicable laws. National minorities are an added value in every society; they enrich the mosaic of the country where they live and should be respected, promoting the values they carry and represent in society. The article pays great attention to the Serb community living in Kosovo, their rights identified by the Ahtisaari package, and the privileges that this package recognises as a minority. The Ahtisaari package acknowledges the Serbian Orthodox Church's unique status and explicitly outlines this community's representation within central institutions. This includes reserved and ensured seats in both the executive and legislative branches. At the local level, the package determines how they will be represented. Minorities are represented in the police, prosecutors' office, court, and all other public institutions. Attention has been paid towards instances of sabotage within the state and institutions of Kosovo by the Serbian community that lives in Kosovo and is influenced and directed by Serbia. Representatives of the Serbian community in Kosovo enjoy income and benefits from the state of Kosovo for the mandate they exercise. Still, their actions within the institutions tend to align with Serbia’s agendas rather than addressing the concerns of the community they are supposed to represent. Despite the absence of recognition from the state of Kosovo and partial acceptance by some Serbs living in Kosovo, it is crucial to acknowledge that Kosovo is an independent state and internationally recognised by 116 democratic states of the world. Notably, the Constitution of Kosovo, as a strong constitution, guarantees double rights in favour of the Serbian community living in Kosovo even though they constitute no more than 5% of the overall population. The research uses the descriptive analysis method, based on the precise description and in-depth analysis of the topic through gathering detailed data related to the research problem, analysing and interpreting legal texts and relevant information and privileging a certain community. These methods have been employed to compare the legislation in force with the international obligations that Kosovo has received through the comprehensive proposal for treating non-majority minorities. Results and Conclusions: Our research shows that national minorities in Kosovo are not treated equally. The Serbian community is constantly privileged and continues to be favoured by the international community, while other communities have substantial problems living in practical t","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136375326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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