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Poor people with unsecured position or low-income must always have opportunities to maintain their rights in courts of justice. The ability to use free legal assistance is particularly important for people under criminal prosecution. Criminal procedure is the sphere of state activity, which can cause maximum limitation of a human rights, and its results can influence the whole human life. International legal acts, both global and local fortify not only the right of suspected and accused person to use attorney’s he...

The improvement of the procedural guarantees of the inviolability of the person in the criminal procedure of Latvia in involving person as accused is associated with the further change of the legal regulation of issues, related to the determination of the grounds and after taking a decision, concerning the involvement as accused and lodging of charges, as well as the rights and obligations of the accused. Without lodging of charges, without the availability of persons in the criminal procedure, in respect of whom ...

Judiciary represents the only way for settling all kinds of disputes in a modern state. The ability of judiciary to settle disputes in a reasonable and acceptable time has become endangered owing to the complication in ways of life and the increasing and overlapped disputes. Consequently, the problem of slow pace of litigation and that of inefficiency of judgments have arisen. These two phenomena are too dangerous and threaten justice. Further; they strip the right of litigation guaranteed by constitution of its v...

The change of party to the dispute presents an institute that allows one party (either a plaintiff or a defendant) to withdraw from the proceedings in the course of civil litigation, whereas someone else is thereby allowed to enter into the proceedings and replace the former party. For a court to permit the change of party, though, a legal regulation requires that a legal fact, resulting in the transfer or assignment of rights or duties that constitute the cause of action, occurs only after the commencement of the...

Mediation is one of the means of the alternative dispute resolution methods with the participation of one or more mediators who support communication between the parties to the conflict in order to help them reach a friendly solution to their conflict by concluding a mediation agreement. The mediator therefore does not enforce the resolutions, he does not decide the dispute between the parties, because mediation assumes that the parties are able to solve the conflict themselves and are able to judge their individu...

The aim of the article is to present the arguments in favour of awarding full legal capacity to underage mothers. Acquiring full legal capacity by an underage mother would result in her gaining the status of an adult, thus allowing her to exercise parental authority over the child. This would result in expiry of the parental authority hitherto exercised over the mother by her parents. The research method applied to achieve the aim of the research was the dogmatic analysis of the applicable law, carried out with co...

For some kinds of users, the map is not only the possibility but also the necessity; among these belong people with visual impairments, for which, however, the conventional map is insufficient. The tactile cartography is a part of cartographic science that deals with the creation of maps, plans, globes and other geovisualization products specially made for the perception by touch. Tactile cartography has to significantly simplify the presented reality with regard to the possibility of recognizing symbols on the ma...

In numerous international and national documents, the protection of human life is grounded with the utmost gravity and authority. An individual´s right for health is protected and prioritized in all modern national legal systems as a fundamental human right. The paper critically reviews the content of safety when providing health care. Security is of high value to society and individuals. Insuring safety and security entails providing stable institutional framework by which individual needs can be met. The paper p...

The article is devoted to the complex consideration of the problem of health protection as one of the most important directions of the social policy of the modern state. Noting the social orientation of the majority of democratic states, the authors point to the inextricable link between the notions of social assistance and health protection. This conclusion they draw on the basis of analysis of international and domestic legal acts. In the study of the question of the place and role of health in the structure of ...

The legal contractual obligations in comparative law have been regulated in various demeanours. A unified regulation system prevails, upon which both, commercial contracts and civil contracts are regulated by a unified normative legal act. This concept prevails in modern legislation due to the increasing dynamics of movement of goods and services, and it has allowed for the infiltration of numerous civil law rules into the commercial law therein. Contracts, being specific agreements provide for movement of goods a...

In this paper the author deals with the legal and practical analysis of the constitutional principle of presumption of innocence in the Republic of Macedonia. The presumption of innocence is a universally accepted human right that prohibits guilty plea to the accused. The presumption of innocence enables the accused to have an active role in the judicial process. It is the obligation of the public prosecutor to prove the guilty of the accused, not the obligation of the accused to prove his/her innocence. Only the ...

Administrative authorities and autonomous administrative authorities are public institutions included in the administrative system of the state. Each of these two types of authorities aim at enforcing laws and ensuring the proper development of the social environment. Administrative and autonomous administrative authorities have a joint purpose; however, they are different through various elements that reflect their very essence. From a time-related perspective, autonomous administrative authorities are legal enti...

The article offers an analysis of (legal) custom within Roman law and describes its different roles and functions. A customary law represents the oldest formal sources of law in human history. It was created by conduct of people who believed that they are obliged to follow rules created by repetitive continual action. It was dominant form of law in the archaic period of Roman law, but some of its remnants were persevered during whole existence of Roman Empire and beyond. The research is based on textual and histor...

Terrorism is one of the greatest threats of modern times. Following September 11, it has especially imposed great fear and concern around the world. This paper will discuss the fight against terrorism by the world's largest organization, the United Nations, as the fight against this phenomenon has not proved successful by states individually. The fight against terrorism by the UN will be addressed by dealing with legal aspects including international legal mechanisms and instruments to combat terrorism. Additional...

Slander is one of four offences codified in Chapter XXVII of the Polish Criminal Code – ‘Offences against Honour and Personal Inviolability’ in Article 212. This is one of the few crimes where prosecution is initiated by private motion. The aggrieved party must submit and support an indictment in the capacity of a private prosecutor and collect all possible evidence necessary to proceed in instituting criminal proceedings. While convicted perpetrators are liable to a fine or restriction of liberty, current legisla...

In economic relations, the equality of the parties is purely of formal nature at times, especially in the case of entering into the legal relationship with a professional whose capital and information position is implicitly stronger than the position of a non-professional contractual partner. When offering goods and services to the consumers, the entrepreneurs are encumbered with many domestic or supranational duties (for example obligation to provide information). However, the practical examples prove that the co...

The Romanian Civil Code entered into force in 2011 has stipulated, inter alia, a unified regulation of the private law, in line with the similar provisions of European law. Although it represents the common law in matters related to companies, the legal provisions governing in detail the companies are found in the Companies Law. Thus, these provisions lay down the types of companies, as well as their functioning and management. The joint stock company may be managed differently, either in the unitary system or the...

Speaking of constitution nowadays, the communist approach, i.e. treating it as a unilateral act of state power defining the obligations of the citizens and undertaken with little public participation, must be rejected. Such a concept of a constitution, assumed, already at its adoption, that the citizens remain passive in the process of implementation and subsequent realisation of its ideas. Additionally, saturating the constitution with ideological elements gave it the nature of a political declaration. In contras...

The interests of legal entities in Macedonia are protected by notaries. The notary services in Macedonia are adopted by the Law on the Notary. By accomplishing these services, the legitimate interests of natural and legal persons are also protected and on the other hand the legal certainty is created due to the nature of the notarized documents. With regard to this, the role of the notary comes into expression upon its creation, alteration and revoking of the legal relations. The legal relations are also created d...

Intra party democracy is of great importance for political parties worldwide for many reasons, perhaps one of the main significant one having to do with their capacities to build functional democracies in the contemporary world. There is a sufficient body of theoretical knowledge on intra party democracy in general. Besides this, much has been researched on intra party democracy around the world, but when it comes to the Republic of Macedonia researchers have barely “screeched the surface” of such a complex issue....

The justice system must be independent and unbiased and in accordance with international standards and not serve as an instrument to protect the politics of power and business structures and politics related to power holders. Therefore, the whole country should have inclusive reforms in judicial power and prosecution as a precondition for restoring citizens’ trust, institutions that will guarantee that the executive and legislative power do their functions in accordance to legal acts and international standards. T...

The purpose of this article was to analyse the premises of gross ingratitude, allowing the donor to revoke their donation pursuant to the provisions of the Polish Civil Code. The term "gross ingratitude" is an indeterminate phrase referring to moral norms and leaving it to the court to establish whether the particular conduct of the donee justifies the donor revoking the donation. The fact that the deed of donation is very often used in the legal practice - especially in family relationships, as a manifestation of...

Foreign Exchange Act of 27 July 2002 with numerous executive acts constitutes the system of Polish exchange law. Along with the Constitution of the Republic of Poland and The Act on the National Bank of Poland it delineates a particular position of the National Bank of Poland. The research purpose of the present paper is the analysis of those legal regulations which indicate the role and responsibilities of the National Bank of Poland in the sphere of foreign exchange. Pursuant to Art. 52 of The Act on the Nationa...

The article is an analysis of the relevance of such problems of the Russian legal doctrine and practice as a provision of the collective interests in the field of public health. Taking into account the paramount importance of health as a factor determining the quality of life, the authors emphasize the special role of social mechanisms for the protection and promotion of health. The most effective mechanism is similar, in their opinion, is a legal mechanism, the essence of which is to give the protection of health...

Space law is a branch of international law, and the five major treaties that oblige States to implement space law in their national legal order have many stipulations. Most states have now initiated Acts which regulate space laws, space strategies and space policies. The UN countries can be divided into three groups; states that fully implemented international space law in their domestic legislation, states that partly implemented these norms and those who have not legislated space law or this legislation is other...

The goal of the criminal and procedural law of (Latvia) consists in the establishment of such an order of the criminal procedure, which provides the effective use of the norms of the Latvian criminal law and fair settlement of the criminal and procedural relations without undue interference in private life. For the achievement of appointment of the criminal procedure within a reasonable time, it is important for the person, directing the process, the investigator, the procurator, the judge to make legal and ground...

At first, the article concentrates on the rules defined for fiscal policy and public finance in general and then deals with concrete cases. Fiscal policy is implemented by the government, respectively Ministry of Finance through public budgets, especially the state budget. Fiscal policy, however, is burdened by direct political influence compared to, for example, monetary policy. The article analyzes the situation in the Czech Republic and examines how the rules should be defined and embedded in legal documents in...

Persons with mental disabilities are one of the most vulnerable groups of society. Lives of these persons are often characterized by stigmatization and social exclusion, therefore they are more exposed to risk of violations of fundamental human rights. As parents, these persons are faced with many challenges, and the problem that may arise and which will be analyzed in this paper concerns possible collision on the one hand parent's right to privacy and confidentiality of his/her medical data and information relate...

The article is focused on the Labeo´s conflicting theory about ownership to newly created island in a river stream and detects its reasoning, aims and philosophical sources of inspiration. A question of insula in flumine nata represents traditional issue of the Roman law things. Such island was considered to belong to private individual(s) who owns the nearest shores of river by most of the sources. However, there is one fragment of Labeo (D 41,1,65,4) which states that such island should belong to public. The res...

Judicial inquiry process, an important place belongs to a predictive function, socio-legal processes and phenomena development trends to predict. Criminology as legal science subsector is particularly characterized prognostic methods of providing the overall crime situation, a separate offense and shape changes. Law enforcement authorities should be prepared to respond to the criminogenic situation and the process of change. We would like to believe not to experience the to-morrow’s criminal grimaces, and more the...

The purpose of the research is to evaluate the legal framework of virtual currency in various countries. The virtual currency or cryptocurrency is a cryptographically protected decentralized digital currency used as means of exchange. Due to development of new technologies and innovations, the rate of using of virtual currency is rapidly increasing throughout the globe, replacing not only cash payment and payments by bank transfer, but also electronic cash payments. Among the best-known representatives of cryptocu...

The aim of the research undertaken by authors was to analyze the prospects for the development of international cooperation in the field of criminal justice, as well as to assess the prospects for the development of joint counteraction to crime between the Russian Federation and foreign states. Its methodology included both the general scientific methods and specific juridical methods of cognition. The results of the research make it possible to obtain new knowledge in the field of organizing international coopera...

The offence of false testimony is codified in Chapter XXX Article 233 of the Polish Criminal Code: “Offences against the Administration of Justice”. This liability is dependent on the person taking the testimony, while acting within his or her authorisation, must have warned the person testifying about the criminal liability for giving false testimony, or must have obtained a relevant oath. Prior to 2016, the perpetrator of this crime was liable to imprisonment for between six months and three years, but the 2016 ...

The increasing mobility of families across borders has given rise to a growth in the number of cases in family courts with a connecting factor to a foreign country and thus has become part of judges’ and courts’ daily practice. The recent trend in private international family law shows a decline of nationality, as the traditional connecting factor, and an increased consideration of habitual residence. This change of trend has resulted in the increased application of the 1980 Convention on the Civil Aspects of Inte...

Elected by the European Parliament, the European Ombudsman aims to protect the rights and freedoms of individuals in their relations with the institutions, bodies or agencies of the European Union. A similar role is played by the ombudsmen guarding rights and freedoms of man and citizen, who operate at the level of individual EU Member States, including - since 1987 - in Poland. The objective of the study is to analyse and compare competences of the European Ombudsman and the Polish Ombudsman, which these bodies m...

This paper analyses legal consequences of applying conscientious objections to childhood mandatory vaccinations in the Czech Republic. There is no common European approach towards childhood vaccination and legal exemptions from statutory duty imposed by part of the states. The European Court of Human Rights considers vaccination campaigns which oblige individual to defer to general interest and not to endanger health of others where his own life is not in danger, not going beyond the margin of appreciation left to...

The study focuses on the importance of balancing the need to share and use genetic sequences and the need to protect the privacy of biological groups who could be harmed if the genetic data of a group member were made public. Many medical discoveries are based on the use of human cells which are donated by volunteers. But the will of the donors could be in contrast with the will of their relatives. The aim of the study is to determine what the preeminent interest between the desire of the donor to help the researc...

The tax harmonization process in the EU is part of global trends, namely tax adaptation, cooperation, coordination and harmonization versus competition. Unlike other areas, for example business, there is no institution representing all countries in the field of tax coordination. So the tax harmonization process is demanding and depends on the decision of the countries. The aim of this paper is to analyse the process of harmonizing value added tax (VAT) in the European Union (EU), one of the prerequisites for the s...

The aim of this paper is to assess the scope of application of the relevant articles of the European Convention for the Protection of Human Rights and Fundamental Freedoms in relation to individual types of administrative offences provided for in Czech legal regulations, or proceedings in relation to such offences, based on an analysis and comparison of the practice of the European Court of Human Rights and the decision-making and practice of Czech courts. The paper introduction focuses on the legislative developm...

The initial part of the article provides an overview of the constitutional and statutory bases of the institution of petition and the constitutional bases of the administration of justice in Poland. The author also presents the parliamentary procedure of considering petitions with a particular emphasis on the role of the Committee on Petitions in this regard. These considerations are followed by the analysis of five petitions submitted to the Sejm in the 8th term of office, which began on 12 November 2015, until 3...

The article is devoted to the issues of information technologies and its role in the labor law of the Russian Federation. The development of information technologies leads to expanding the scope of application of such technologies. The sphere of law, including labor law, is no exception. Indeed, if earlier information technologies were used for processing, storage and transfer of personal data of employees, now in connection with the development of the remote work, the importance of information technologies are in...

As a result of the 2015-17 migration crisis, housing can currently be considered as one of the key sectoral policies within the integrated urban development of the European Union. Although, the debatable position of the Polish government regarding the non-acceptance of migrants as a result of the relocation policy between the countries of the European Union is commonly known, Poland is an area of migration from such countries as Ukraine or Belarus. It is estimated that in the last few years Poland has accepted abo...

This paper explores the role and the place of the customary norms in the international space law – the branch of international public law. The main aim is to analyze current international customary norms from the historical and contemporary point of view and to define perspectives for appearance of new customary norms in international space law. The paper strives to identify whether the current customary norms exist and internationally recognized or not and whether international community is ready for new customs,...

The first half of the 20th century was in many aspects very complicated period. This paper reveals the reasons behind the existence of totalitarian and authoritarian regimes with focus on the fundamental rise of anti-Jewish moods in the Czech part of the Czechoslovak state occurred in the post-Munich period. The open anti-Jewish behavior of a part of the Czech political spectrum publicly or in print was not avoided, in addition, this trend was gradually showed also in some governmental parties. Therefore, it was n...

The most efficient sources of public incomes are public imposts, especially taxes. In accordance with Article 217 of the Constitution of the Republic of Poland „the imposition of taxes, as well as other public imposts, the specification of those subject to the tax and the rates of taxation, as well as the principles for granting tax reliefs and remissions, along with categories of taxpayers exempt from taxation, shall be by means of statute”. Shape of the rule of fiscal sovereignty of state laid down in Article 21...

In the present article are examined issues of the amount of compensated harm under the traditional approach to tort law, analyzed functions of tort law, defined some regularities: traditional (continental) approach prefers the function of compensation in tort law, while economic analysis approach is based on the function of prevention. Hereby amount of harm subject to compensation directly depends on the function of tort law to which the lawmaker gives priority. Considering modern trend of derogation from compensa...

The Romanian insolvency law covers extensively the reorganization phase of the debtor, in accordance with the European legislation in this field. However, the practice has proved that the period between the approval of the creditors of the reorganization plan up to the actual applicability of the measures contained by the plan may lead to question the efficiency of the plan. The article aims to underline the importance of the reorganization plan for both the debtor in insolvency, as well as for its creditors, by c...

As a result of Ukraine’s independence and its proclamation as a law-governed state, it became necessary to regulate the scientific, technical and production potential of the space industry formed during the time of the Soviet Union under the rules of Ukraine law. Therefore, the Supreme Council of the Ukraine Parliament, Verkhovna Rada, adopted the Law “On Space Activities” No. 502/96-VR on November 15 1996, and this remains in force today. Since 1993, Ukraine space activity implementation has been based on the fol...

The aim of the research was answering the question of the possible form of concluding the contract for disposal of shares in a Polish limited liability company when the seller is a partner being a foreign person. The issue of the applicable law in the form of contract for disposal of shares in a Polish limited liability company by a partner who is a foreign person is regulated by Rome I Regulation. The contract concluded between persons who remain in the same at the time of concluding thereof is formally valid pro...

As its content itself stipulates, as a rule, the provisions of the Romanian Statute of Civil Servants approved by Law no. 188/1999, republished, do not apply to contractual staff employed in public authorities and institutions’ own bodies and who carry out secretarial, administrative, protocol, management, maintenance-repair, supply and security activities and to other staff categories who do not have public authority prerogatives. Therefore, with regard to contractual staff, the legal relationship developed betwe...