Legislative Basics of Legal Interpretation

The main purpose of legal interpretation is to create conditions for the effective functioning of law and its components by clarifying their true content, which eliminates any doubts and ambiguities. The purpose of this article is: first, to analyze the provisions of current Ukrainian legislation for identifying the general approaches embodied in it and the principles for the implementation of legal interpretation activities by state power bodies; secondly: presentation on the basis of modern achievements and developments of legal science of the system of measures for standardization of such activity, bringing it in line with the needs of law enforcement practice. The solution of the set tasks was carried out using the method of philosophical dialectics, a system of general scientific and special scientific methods of cognition, which are based on the principles of objectivity, comprehensiveness, complexity. Based on the analysis of the normative material, it is concluded that there is no single harmonized approach in the Ukrainian legislation on the procedure for providing clarifications of the content of normative-legal acts. The authors give arguments on the need to clarify and streamline the legal interpretation activity by state bodies and propose a number of measures to achieve this goal. Based on the conducted analysis of the normative material, the authors outline the main problematic issues of the legislative definition of the basics of legal interpretation and provide specific proposals for improving the current legislation in this area.

     

Reviews

Mellor, Roy E. H., Eastern’ Europe: A Geography of the Comecon Countries. New York: Columbia University Press, 1975, 358 p. $17.50, cloth. $9.00, paper.

Gonen, Jay Y., A Psychohistory of Zionism. New York: Mason/Charter, 1975, 374 p., $15.00.

Paulu, Burton, Radio and Television Broadcasting in Eastern Europe. Minneapolis: The University of Minnesota Press, 1974, 592 p., $22.95.     

A model of unbalanced sectorial growth with application to transition economies

This paper studies the implications of a dynamic general equilibrium model with three production sectors, which are agriculture, industry and services. Due to the assumption of increasing returns, our model has multiple equilibria. There are two stable equilibria: one, in which a country produces only agricultural goods and converges to a steady state, and the other, in which a country operates all three sectors and has positive unbalanced long-run growth with contracting agriculture and expanding industry and services. These predictions agree well with the real-world development experiences of rich and poor countries. In the context of our model, we also investigate the evolution of the sectorial composition in the transition countries and find that such countries move to the rich rather than to the poor world.

Occupational safety and health of factory workers in European countries in the nineteenth century: historical and legal analysis

ABSTRACT

Historical and legal analysis of factory workers’ occupational safety and health in Europe in the nineteenth century has been carried out. In particular, the main causes of industrial injury and occupational diseases among factory workers of those times were analyzed and classified. The main negative consequences of child labor in factories are determined. The distribution of industrial injury and occupational diseases by age group is shown. The influence of labor conditions at the factories on the health of the descendants of factory workers of those times was analyzed. The features of the organization of control over compliance with the safety requirements of workers’ health are highlighted. The issues of introduction of legal regulation of factory workers’ safety and health, as well as child labor regulation (i.e. working hours limits and working conditions regulation) in factories, are analyzed. The issues of implementation of legislation that established compensations for factory workers in the event of industrial injury and occupational diseases of those times are analyzed.     

Effectiveness of EU Transgovernmental Cooperation in the Neighbourhood: Qualitative Comparative Analysis of Twinning Projects in Ukraine

Abstract

While the Europeanisation literature has examined several aspects of EU transgovernmental cooperation under the European Neighbourhood Policy (ENP), very little is yet known as to the extent and the conditions under which such cooperation effectively transfers EU norms to ENP countries. Using a qualitative comparative analysis of 32 Twinning projects in Ukraine, the article finds that legal and institutional convergence with EU norms has occurred mainly because of the policy fit of a Twinning project with the needs and technical capacities of the beneficiary administration, notwithstanding sector politicisation, EU sectoral conditionality or the quality of socialisation between civil servants.     

The substance of EU democratic governance promotion via transgovernmental cooperation with the Eastern neighbourhood

Existing studies of the European Union’s (EU) democratic governance promotion via transgovernmental cooperation in the EU’s neighbourhood seem to take the substance of what is being promoted by the EU for granted. In filling this gap, this article examines the substance of EU democratic governance promotion by assessing (1) to what extent norms of democratic governance appear in EU Twinning projects implemented in the Eastern neighbourhood, and (2) what factors account for differences in the presence of democratic governance norms across those projects. To explain possible variation, the article hypothesizes that the democratic governance substance of Twinning projects will vary with the country’s political liberalization, sector politicization, sector technical complexity, and EU conditionality attached to reform progress in a given policy sector. Data are retrieved from a content analysis of 117 Twinning project fiches from the Eastern neighbourhood and analysed via standard multiple regression. The article finds that the EU mostly promotes moderate, mixed democratic governance substance, which varies across different projects. This variation may be best explained by the level of political liberalization of the beneficiary country and the politicization and technical complexity of the policy sectors and institutions involved in respective Twinning projects.