Rybakov A.V. —
The Pact on Migration and Asylum as a the foundation of the new migration policy of the European Union
// Law and Politics. – 2021. – ¹ 10.
– P. 70 - 82.
DOI: 10.7256/2454-0706.2021.10.36576
URL: https://en.e-notabene.ru/lpmag/article_36576.html
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Abstract: The relevance of the selected topic is substantiated by the fact that in modern world migration has become a significant factor in the development of both accepting countries and countries of origin. Europe hosts the largest number of migrants. Since 2015, the EU member-states have been experiencing strong migration pressure. The existing migration stands in need for reform. The New Pact on Migration and Asylum should be a significant step towards creating a reliable and effective system for regulation of migration. The subject of this research is the institutional and legal characteristics of the EU New Pact on Migration and Asylum. The article analyzes the proposals of the European Commission regarding the migration policy reform, as well as the political-legal mechanism for their implementation; contradictions between the member-states in the course of the relevant discussions. The following conclusions are made:
1) It must be admitted that the new approach of the European Commission is comprehensive and aimed at integration of the internal and external aspects of migration policy.
2) The structure of the Pact corresponds to the goals of migration policy and consists on three levels – external, namely relations with the countries of origin and transit of migrants; control over the external borders of the EU; a new system of permanent solidarity.
3) As an annex to the New Pact on Migration and Asylum, the European Commission has presented a roadmap for implementation of various proposals. However, by the end of 2021, the schedule for the adoption of legal documents is not being maintained.
4) The only common denominator between the different groups of countries is the orientation towards external actions aimed at curbing migration movements prior to their arrival to Europe.
5) The plan of the European Commission on adoption of rules obligatory for all member-states currently seems untenable, considering the clashing interests.
Rybakov A.V. —
The peculiarities of implementation of UN international agreements on the questions of space activity into the national legislation of EU member-states
// International Law. – 2020. – ¹ 1.
– P. 60 - 80.
DOI: 10.25136/2644-5514.2020.1.30245
URL: https://en.e-notabene.ru/wl/article_30245.html
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Abstract: The subject of this article is the process of implementation of UN international agreements on the questions of space activity into the national legislation of EU member-states. The author leans on the fact that considering the insignificant volume of national space legislation passed in the EU member-states, as well as differences of legal framework in regulation of space activity, the actors of space activity can shift their space activity into the countries with more favorable space legislation. For the purpose of prevention of this trend, on the EU level there is a trend on unification and harmonization of legislation and policy in the area of space activity. The conclusion is made on the different approach and disaccord in the practice of implementation of the norms of international agreements into the national space legislation. Particularly, in the national space legislation of the EU member-states, there are differences in exercising state control over the activity of nongovernmental legal entities, namely in the procedures of obtaining a permit for realization of space activity by the actors of space activity outside the national borders. There is also discrepancy in the questions of licensing of space activity: different requirements for license acquisition and terms of application processing, as well as various national authorities executing the function of licensing of space activity. Approaches also vary with regards to the questions of responsibility for the harm inflicted by space object, so is the practice of creation the national register of space objects launched by the states.
Rybakov A.V. —
Development scenarios of the crisis processes in the European Union: reforms or decline?
// Law and Politics. – 2019. – ¹ 4.
– P. 28 - 35.
DOI: 10.7256/2454-0706.2019.4.43228
URL: https://en.e-notabene.ru/lamag/article_43228.html
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Abstract: The subject of this research is the political, demographic, and socioeconomic processes taking place in the European Union. The analysis demonstrates that the strong clash between the Euro-integration and Euro-skeptical trends within theoretical discussions and at the level of policy implementation, manifests as the result of crisis of the Euro-Integration processes. Crucial significance attains the assessment of effectiveness and correspondence with realities of current development of the mechanism and patterns of interaction in the context of this integration community. The goal of this work lies in identification of the causes led to such type of crisis phenomena, as well as alternative ways of their overcoming. The following conclusions were made: the clash of various positions with regards to the expansion of EU boundaries and magnitude of Euro-integration leads to imbalance of political powers and growth of Euro-skepticism, which in turn, justifies the fluctuations in the EU strategic course; the existing difference in economic level of the EU member-states lead to escalation of disagreements in the overall EU economic policy; the fundamental differences are observed in the question of the division of powers between the EU communitarian bodies and national governments. Namely these three problems and methods of their solution represents conceptual alternatives to the development of the European Union. Without their fundamental resolution and reformatting of the institutions and policy of the European Union, further Euro-integration is doubtful.