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The aim of the research undertaken by author is to define the unique moral essence of the legal principles and norms fixing the status of a person in criminal justice system from the point of view of their axiological genesis and their correspondence to the international law standards on human rights and to the constitutional grounds of the Russian Federation. It's methodology included the general methods of analysis and synthesis, the dialectic method, which permitted to test the criminal procedure system as soci...

At the level of the European Union there are legislative initiatives designed to create a business environment favourable to research and innovation which promotes the competitiveness of the pharmaceutical sector. When examining the compatibility with EU law of the conditions for the retail supply of medicinal products, the Court of Justice of the European Union stated that the health and life of humans rank first among the values and interests protected by the TFEU and that Member States are responsible for decid...

The aim of the research undertaken by author is to define the most adequate ways of optimization of the institute of disciplinary liability of a lawyer in Russia. Its methodology included both the general scientific methods and the specific juridical methods of cognition. The main results of the research include the original new knowledge that contains the summary and analysis of the achievements of the Russian legal ethical theory, the systematization of the samples of deontological rulemaking submitted by the Ru...

Ukraine's aspiration for European integration makes it necessary to bring the national legislation, including administrative, in line with European standards. Over the past two decades it has formed a significant body of legal rules based on these standards and aimed to establish various aspects of public administration. However, a positive regulatory effect on administrative practices was minimal, due to several factors, both legal and non-legal. Moreover, the main reasons of the revolutionary events in 2013-2014...

In the article the author analyses the position of shareholders who hold non-voting shares of the offeree company in the takeover process. By using the comparative method, the author emphasises the solutions adopted in the European and Croatian Law. According to the Takeover Bids Directive, as well as the Croatian Takeover Act, a mandatory takeover bid has to be published for the acquisition of the shares carrying voting rights in the company. By adopting this solution, the shareholders of non-voting shares are no...

In order to ensure a more efficient and more operational judicial protection of human rights and freedoms and control over the actions of public administration at the end of the twentieth century (1999) Lithuania has established functioning administrative courts. Thus, in modern and advanced democratic countries a widespread autonomous and independent special administrative justice model for resolution of arising disputes between individuals and the public administration was created. This particular article is int...

Through this study we want to highlight the Romanian legislation regarding murder and the circumstances that make the crime of murder severely punished. I analyzed only two circumstances of eight, premeditation and material interest. Each of these circumstances could be taken if specific conditions are met. There are also controversial situations in Romanian literature and jurisprudence regarding the detention of premeditation, situations which are to be analyzed in the paper and submitted to discussions to those ...

The author of this contribution deals with the competence of public prosecution service in the non-criminal field. In the first part of the contribution the author discusses theoretical basis of the non-criminal competence of public prosecution service. Then he analyzes non-criminal competence of public prosecution services of the V4 countries. In the last part he evaluates analyzed legal regulations and provides critical comments concerning in particular the new regulation of the Hungarian public prosecution serv...

Although local public administration authorities have a territorial jurisdiction which is limited to the territorial administrative units in which they were elected and where they function, the difficult period transited by the state on the background of the existing international economic crisis, puts in real difficulty the smooth running of the local government. The created dysfunctions are more obvious because, although in the decentralization process, local public administration authorities are obliged to exer...

The aim of the research is to solve the problem that experienced the inconsistency of Russian post-reform law, science and legal practice – the evidential powers of defense counsel in criminal proceedings which are defined by one rules of the law and denied by the other at the same time. Its methodology included both the general scientific methods and the specific juridical methods of cognition. The main results of the research include the original understanding of the evidential powers of defense counsel in cri...

Background: The scientific problem is insufficient knowledge of practicing lawyers and scientists on the composition and frequency of use trading practices used by entrepreneurs, as well as on the criteria for the application of trade usages in public circulation. The purpose of the article is to reveal the legal nature, the essence, the characteristics of trade practices as sources of law, to determine the mechanism of their application by judicial practice and business (civil) turnover of Russia. Methods: The ar...

The inheritance institution even if dominated by tradition and conservatism was transformed during time in terms of concepts and procedural. These changes of the law texts which regulate the issue of inheritance were determined by culture, religion and political philosophy of the times. Since the primitive period, during which we can find instinctive and customary rules related to the transfer of property of assets held and used by the deceased during his/her lifetime, continuing with the Roman law in which the in...

Among the many changes made following the entry into force of the new Civil Code in family law field, the civil engagement institution is governed by Articles 266-270. Even though there is so far a genuine judicial practice (although some unsuccessful actions began to be resolved), an analysis of this institution we find particularly timely, especially given the fact that the doctrine has not reviewed until now this institution. This paper proposes a critical analysis of legislation and formulates proposals for le...

An article describes briefly new Act implemented in the Czech Republic at the end of year 2014 reflecting statement of Civil Service. Regulation of public administration officers according to Civil Service will have economic and administrative impacts for its initial functions and then for further training of the officers which are subject to the Civil Service relation because of new position of these officers. Such relation will mean the relation, when the work for public sector is replaced by the service for sta...

Legal protection of intellectual property is an integral part of research and development (R&D) industry. Well-done management in the field of intellectual property can bring additional funds to R&D institutions. Biotechnological R&D, what relates with biological, chemical, and biochemical methods applied on organic or even biological material, is one of the fastest booming area of R&D at all. The paper presents juridical research in the area of biotechnological invention patentability, incl. relationship between ...

In the contemporary era, the right to health is a human right and is based on the natural rights of humans. Hence the obligation of the states to develop appropriate legislation and to implement this obligation. In other words, the social responsibility in health. Currently, in Europe there is a close collaboration between the World Health Organization, the European Union and the Council of Europe with the declared aim to support the implementation of coordinated strategies for the implementation of patient rights...

The purpose of this paper is to analyse specific rules concerning free movement of goods, especially measures that may hinder market access. Articles 34 and 35 of the Treaty of the Functioning the European Union (hereinafter: TFEU) prohibit quantitative restrictions on imports and exports and all measures having equivalent effect as quantitative restrictions between all Member States. The European Court of Justice (hereinafter: ECJ) dealt with a number of cases concerning Articles 34 and 35 TFEU. Even after numero...

France is well-known for its solid and fierce social system, particularly in terms of employment. However, despite the French legislator's efforts to create a legislative protection shield for the French employees, moral harassment at work developed itself as a silent, ever-growing and - at a certain extent - tolerated phenomenon which led to a significant number of suicides. This paper aims to present the proper, complex and thorough legislative protection granted under the French legislation against various type...

The right of intellectual property in all its complexity can be characterized nowadays as „the most universal law subject field, developed enough scientifically and systematized adequately.“ [1] The significance of the right of intellectual property as the law branch, is currently becoming more popular worldwide. The protection of the right of intellectual property in the condition of Slovak Republic, comes out of the basic legal enactment, that is Constitutional Act of Slovak National Concil no. 460/1992 of t...

The paper introduces the preliminary findings of the project that explores current state of affairs regarding national legislations and relevant agencies' activities with respect to investigating the child sexual abuse as a crime and combating it. The goal of the research is to map basic fields where countries might face challenges regarding the criminalization of child sexual abuse within the circle of trust and draft preliminary recommendations to enforce international activities to prevent the crime under study...

Crowdinvesting is a recently emerged business practice recognised as an alternative method of raising risk capital in the early stage financing of start-ups and small enterprises. It involves a collection of relatively small amounts of money contributions from a general public, via platform operator. In return, investors acquire equity or debt financial instruments issued either by project holder seeking finance (direct crowdinvesting) or a special purpose vehicle established by the platform operator or a third pa...

Reception of Roman law, which, in the High Middle Ages hit the legal environment of almost the entire Europe, had also imminently influenced the development of law in the Czech lands. Aside from Canon law, which often used Roman law terms in documents, the issue of reception of Roman law in the Czech lands was closely connected mainly with the medieval cities which, thanks to their market-economy nature, were very close to the economic and social structure of Ancient Rome. There were many Czech towns that followed...

Declaration of necessity to improve the level of data protection in all spheres of European Union (EU) policy under the Stockholm program was the impetus for European Commission to start the data protection reform in EU, particularly paying more attention for data protection regulation in the investigation and prosecution of crime. On the other hand, Council conclusions on the vision for European Forensic Science 2020 including the creation of a European Forensic Science Area and the development of forensic scienc...

Expropriation is a traditional and generally accepted way of property acquisition for the public benefit. In the Czech Republic, it is most often used for roads and energy infrastructure. It has recently been a favored tool for implementing measures to improve the environment and protect against natural disasters. Investors typically need several years to purchase or expropriate all the land required. This slows down the construction process. Every year of delay means a cost increase of approximately 5 %. My paper...

State aid for rescue and restructuring of companies in difficulty causes a significant distortion of market competition. Financed by taxpayers'money and in a sensitive era of EU economy getting back at its feet, state aid to companies facing difficulties called for additional ex ante control and filters to be applied. Thus, the European Commission introduced new Guidelines looking into more strict assessments of cases where rescue or restructuring aid is awarded. In addition, the burden must be shared between the ...

In the process of interaction of the legal systems of the present it is necessary to take into account the processes of globalization that take place. At the same time, one should not miss that the principles of universalization and pluralization, which dictate the necessity of clear idea of the specific character of each culture as well as their deep commonness, should be assumed as a basis of interaction of the legal systems.

At present the issues of security enforcement have become urgent in many countries. The modern tendencies connected with constant increase of safety risks just prove it. The national problem of security enforcement must be solved, inter alia, through the measures of criminal law regulation. Meanwhile, systematic and integrated study of the issues of criminal law security enforcement can elaborate practical guidelines for lawmakers on improving current criminal legislation. The purpose of the paper is to carry out ...

The fundamental changes in fight against crime policy by choosing forensic science as a strategic tool in this fight are currently undergoing in European Union (EU). Hence, every Member State has specific system of forensic science institutions, the unique conception of forensic science and different legal systems as well. Meanwhile, the vision for European Forensic Science 2020 is one page length abstract document, providing only the guidelines for creation of European Forensic Science Area and including a list o...

To ensure the public interests by performing public administration should be a purpose of public service performed by public servants of state and municipal institutions. Hence, effective and transparent implementation of public administration by each state and municipal institutions depends on human factor. As well as, the quality of work of this human factor depends on the fulfillment of its legitimate interests. But the conception, scope and content of principle of legitimate expectations in public service of t...

The article contains the results of the analysis of legal regulation of community participation in education management in the city of Moscow, it also formulates the proposals on the improvement of the legislation under study. The research was done on the basis of a complex approach and methodological pluralism. In the course of research more than 40 statutory acts of the city of Moscow were analyzed, they were grouped according to the purpose of enactment (acts, determining the principles of community participati...

In response to the recent dynamics of society development, European states have been considering the concept of settlement as an alternative means of criminal conflict resolution. This alternative is particularly important in the context of European Parliament and Council Directive 2012/29/ES (25 October 2012), which defines the rights of crime victims as well as minimum standarts of support and defence. Criminal procedure resolves certain types of conflicts. Article 1 of the Criminal Procedure Law (henceforth the...

The aim of the research undertaken by authors is to define the optimal way of interaction of civil society institutions and criminal proceedings in Russia. Its methodology included both the general scientific methods and the specific juridical methods of cognition. The main results of the research include new knowledge about the possibility to implement into the criminal proceedings the institutions which can exercise effective control over the course of the investigation, and to promote the administration of just...

The article is concerned with the problem of uncertain treatment of collaboration and cooperation strategies and complications connected with this approach. The key issue for this problem resolution is an ability to adequate recognition of conflicting parties interests and separation their interests from positions. To realize what is the level of analyses depth adequate to the particular situation is complicated. This is traditionally one of the most important and difficult issues not only for beginners in mediati...

The paper analyzes the Amendment of 328/2002 Coll. Act, the adoption of which had been planned for ten years. Up to 2013, the policemen and soldiers in their best active years were leaving for retirement pension and the state kept losing its skilled and highly active policemen and soldiers with long-term experience. The here discussed Amendment plans to deal with these unwished consequences. The paper therefore sums up changes in social security of policemen and soldiers in Slovak republic that are anchored in afo...

Illegal employment brings about negative social phenomena in relation to dependent activities of individuals performed under an employment relationship. Natural persons who work illegally are unable to bear their burden of producing evidence regarding their entitlement to wages and holidays, allowance for meals, as well as other entitlements under the relevant labour laws. The purpose of the paper is to present the legislation related to illegal work and illegal employment in the Slovak Republic which is the key i...

The paper discusses the questions related to the establishment and functions of programs of political parties. It also reveals a general problem of these programs of the parties, which are represented in the State Duma of the Russian Federation. The result of the study is an idea to change the regulatory requirements imposed on the programs of political parties of the existing legislation in Russia.

The purpose of the paper is to point at the chosen problems which must be dealt with by the society when regulating the acceptance of information in connection with the protection of humanity and human dignity, mainly with the emphasis on the harmonic development of juveniles. Topic of the paper, which is anchored in the area of administrative law , offers the distinctive overlaps to the area of constitutional or family law and directs to multidisciplinary or international law research of the issue, concept and le...

The article is an attempt to assess the status of the institute of administrative penalties in Ukraine from the point of view of effectiveness and appropriateness of its existence in the legal system. Based on the analysis of the basic provisions of the Ukrainian legislation concerning the application of the administrative penalties and the relevant statistical data, it was made the conclusion about the significant contradiction of the institute of the administrative penalties and the needs of the social developme...

The article addresses the issue of homes for the elderly, i.e. one of the types of social care facilities in the Czech Republic. The theme of social security for seniors and the role of institutional care in the form of homes for the elderly is a very topical issue, particularly with regard to increasing human age and the associated on-going aging of the population. Demographic aging means a change in the demographic composition of the population in terms of the aging of the entire human population. The solution i...

The aim of the article is to study the problem of determining the role of an international treaty to regulate interstate relations in the field of environmental protection. The basis of the study of the whole range of the international legal rules governing the issue of environmental protection, and their ability to solve their tasks and their compliance with current requirements and needs of the international community and in this regard the development of new proposals and recommendations for their improvement. ...

In the current Romanian Civil Code, the prescription is not defined, but only its object. Thus, it is established that the right to claim is extinguished by prescription, if it is not exercised within the term given by law. It is that right which constrains a person, by using public force, to perform a certain action, to observe a certain juridical fact or to bear a sanction of a civil nature. Therefore, the prescription may be defined as a civil sanction, which limits the substantive right to court proceeding if ...

Dignity at work is, above all, a fundamental principle of the juridical labour relations, which has to be analyzed in close relation with the principle of the respect for private life, another fundamental principal of human rights. In this context, the present paper analyzes the dispute between the employer's right to surveillance of employee's activities, during the working hours, mainly through the use of information and the right of the employee to enjoy the protection of his private life. Also, this dispute mu...

In this paper, the authors present a legal-historical analysis of conflicts and their solutions in Bohemia during the reign of the Přemyslid dynasty. It takes into account the methodological incentives which were introduced to the legal medieval studies by a so-called “performative turn” that helped to direct the interest of social science to the typical forms, symbolic contents and social functions of human behaviour. As opposed to the existing research tradition which aims at the political and power-related...

The article focuses on one of the basic questions when concluding a contract on the discount website – what is the nature of the legal relationship, i.e. which party actually enters into a binding agreement with the consumer and thus accepts the obligations specified therein. The consumer buys vouchers at the discount website run by operators who are in a legal relationship with the merchant. The discount website operator receives the money from the consumer, keeps a certain amount as a provision and the outstan...

Reforming of public relations, occurring in Latvian requires the improvement of all laws, including criminal procedure law. Since the 1st of October 2005 in Latvia is in force the criminal procedure law (hereinafter criminal procedure law – CPL) which reformed the previously existing criminal procedure laws and introduced the new ones. The Article 1 of CPL defines the goal of CPL which consists in the establishment of such an order of the criminal procedure which ensures the effective use of rules of criminal la...

The problem of orphan works is one of the main issues in modern copyright law (or we should say droit d'auteur because law of Continental Europe is much more concentrated on an author and his/her rights than on the problem of copying). Works labeled as orphan cannot be popularized because they are protected by law for seventy years from the moment of an author's death. The problem is that we do not know who the author is or what happened to him/her, if s/he is alive or not or who the heir apparents are and we cann...

The Directive 2005/60/EC and the FATF Recommendations prescribe and drive performance and assignment of specific tasks and duties for the non-financial sector professionals in the anti-money laundering system. The scope of their activities is limited to financial transactions, bounded by professional confidentiality; where the obligation to report suspicious activity is legislatively restricted to their core business. The low number of reported suspicious transactions by the non-financial sector professionals, as ...

The main sources of the Russian legislation in the field of waste management have been analyzed. The principles of the state policy in the field of waste management have been identified. On the basis of the specific features of the interaction between territorial environmental authorities and natural resource users, the author proposes a mechanism which makes it possible to systemize the basic legal regulations for hazardous waste handling at an enterprise. The practices of waste management in the USSR, as well as...

In the current Romanian legislation, more specifically after the entry into force of the Civil Code on October 1, 2011, the notions of professional and enterprise become particularly important. This importance derives from the fact that the very notion of merchant is part of the larger sphere of the notion of professional. Also, the Civil Code renounces at the notion of merchant within the meaning of the Commercial Code, which had been repealed, but uses the professional, as subject of business relationships. Also...