Browse

In the mentioned scientific article, on the basis of the current administrative procedural legislation, judicial practice and legal doctrine, author has conducted a scientific study of the peculiarities of solving cases involving the State Border Guard Service of Ukraine as a plaintiff in administrative cases concerning persons who violated the legislation of Ukraine about the state border. There are determined main grounds for refusal to satisfy an administrative claim of the body of the State Border Guard Servic...

This article studies the international cooperation of national judges to enhance the implementation of the 1980 Convention on the Civil Aspects of International Child Abduction and the 1996 Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children. The International Hague Network of Judges (IHNJ) began 20 years ago with judges from China (Hong Kong SAR), New Zealand, the United Kingdom (England and Wales), ...

In modern times, paying taxes is deemed an indisputable fact. However, the development of the fiscal state has not abolished disputes over taxation nature and its fairness. While it is generally agreed that taxes should be paid, there is still an issue regarding how high tax rates should be. The key issue is to determine the critical shifting point for taxation targets: from settling public expenditures to confiscation of an individual’s property and, potentially, the punitive role of tax. The problem should be ad...

A common legal framework for immigration and asylum policies in the EU has been formulated as well as common procedure for implementing them by Member States. However, Member States do not always adhere to the EU approach adopting and disposing of common procedure for implementing immigration and asylum policies. Member States seek their national interest first leading to possible incompatibilities of national legislations and administrative practices with EU immigration and asylum regulations even though they are...

One of the most basic rights of an individual is the right to the protection of personal data. Personal data is the common term for information about an identified or identifiable individual. Identifiable individual is defined as someone who can be directly or indirectly recognized, in particular by means of such characteristics as name, surname, identification number, location data, online ID, as well as physical, physiological, psychological, economic, cultural or social factors. Undoubtedly, 25 May 2018 can be ...

In 2015, when Hungary was in the centre of the migratory flow, a new special criminal procedure has been inserted into the Hungarian Act on Criminal Procedure (Act XIX of 1998) referring to the – so-called - crimes against the closing of border. Considering that: (a) the irregular migration did not decrease in the past years, and (b) the main directives of the codification on the new procedural code were the rapidity and the efficiency, the special procedural regulations on crimes against the closing of border had...

Consumer protection legal regulation has been undergoing a long-term development in the Czech Republic and is largely influenced by European legislative standards, as well as by the national law. Consumer contracts are specific type of obligational relationship where one of the parties (the consumer) enjoys increased legal protection. Mediation has not been a part of the Czech legal system for a long time, yet its use in practice is expanding. Recently, the entrepreneurs begun to include the mediation clauses in t...

The main objective of habitat is the rationale for and feasibility of differentiating the criminal process from the viewpoint of science and from the standpoint of an applied nature and studies its impact on the efficiency of the process. The article analyzes the theoretical principles of differentiation and investigates features of both complicated and simplified criminal procedure forms. At present the structure of the criminal procedure is complicated, which is determined by the diversityof forms of criminal pr...

This article is focusing on the analysis of the current EU legal instruments which can be used for the protection of the rule of law, their effectiveness and certain limits, as well as proposals de lege ferenda. Especially the procedure contained in Article 7 TEU is designated to deter Member states from the violation of principles of rule of law by a mechanism, which can amount to even the suspension of their voting rights in the Council. Although the fact, that this instrument doesn’t imply the judicial procedur...

Although the Republic of Croatia has committed itself by both international obligations and its national legislation to respecting the rights of persons with mental disorders, preserving their dignity, improving their health and integrating them into the family, work and social environment, their status in society is far from satisfactory. Persons with mental disorders are faced with a series of problems in their everyday life, e.g. systematic discrimination, lack of adequate health and social services, poor rehab...

The paper is devoted to the issues of forms of participation of commune residents in making decisions on matters concerning their local self-government community. The analysis included legal solutions guaranteeing members of self-government communities participation in the process of establishing local law and its application. The regulations in force determine the forms of participation of commune residents in making decisions. The characteristics of these forms were preceded by their classification allowing for ...

This article deals with the modern mechanisms of the non-profit organizations funding and its legal regulation. The matter is that today such organizations play a growing role in building civil society, social dialogue and participatory democracy. But they may be effective if only they are effective in fundraising. NGOs rely on money from a variety of sources, including donations, loans, sponsorships, incomes from entrepreneurial activity and public subsidies. It seems that there are many sources of funding, but f...

According to § 48 of Civil Code (Act No. 40/1964 Coll.), as effective in the Slovak Republic, contractual party may withdraw from contract if such withdrawal is granted by the law or if the contractual parties have so agreed. Accordingly, there are two rights, the statutory right and the contractual right to withdraw from contract. Both rights can be exercised in diverse situations; as a rule, however, they are exercisable as a result of a breach of contract. The remaining question is, specifically, by what time c...

In this paper the author deals with the practical analysis of the relationship between Administrative Law and Criminal Law and, on the other hand, between the Administrative Procedure and the Criminal Procedure within the legal system of the Republic of Macedonia. Although, Criminal Law and Administrative Law are fundamentally different from each other, according to the object and the manner of regulation, since Criminal Law includes legal norms that refer to criminal offense, the perpetrator, criminal liability, ...

The scientific objective of the research was to determine the substance and legal nature of the equity interests of the shareholders in the capital companies in the Polish legal system. The aim of this research also required answering the question what the shares are in capital companies, as well as defining the mutual relationship between these concepts and the concept of participation in capital companies. The methodology of the research was determined by the indicated objective and both the dogmatic-legal and h...

This paper aims to define and analyze the theoretical and practical legal framework of the political opposition, through analyzing constitutional norms, political culture and political dialogue as the main factors determining the state and perspectives of the political opposition in the Republic of Macedonia. Political pluralism is the opposite of monism and represents the idea of a peaceful common life of people with different interests, beliefs and lifestyles, recognizing the existing diversity of political inte...

The terrorism can be considered as the political or security problem, but it is also the kind of crime, although it is very specific crime. However, considering it as the crime, we can also think about it in the connection with criminological categories as the prevention, for example. When we look at latest terrorist attacks, we can name their several common features. For example, tools, which were used for commitment of these crime, were very simple, because perpetrators attacked by firearms, stabbing weapons or ...

The potential of the BRICS countries is one of the most significant in the world, and they have set important goals for development of their cooperation, one of which is exploration of outer space and the use of space technology. The BRICS countries have great technical and financial capabilities for development of space programs, and they have the necessary infrastructure. In the modern world there are only 3 spacefaring superpowers (Russia, the United States and China), and two of them are in the BRICS. This art...

By operation of the law introduced to ratify the Pr?m Treaty (no. 85 dated 30 June 2009), implementing the Schengen agreements aimed at stepping up cooperation with other EU States to combat terrorism, illegal immigration, international and cross-border crime, Italy regulated, inter alia, the setting-up of a DNA database. However, it was only with Presidential Decree no. 87 dated 7 April 2016 that the proclaimed regulations were actually brought in, with provisions implementing Italian Law no. 85/2009 relating to ...

Generally, the right to employment is considered to be one of the fundamental human rights in a democratic society. It is considered to be a subjective right of anybody to choose employment according to his/her abilities and with a corresponding reward. The legislative base for this right in the Czech Republic is in the constitutional law, particularly in Article 26, paragraph 3 of the Charter of Fundamental Rights and Freedoms, which declares that anybody has the right to make his/her living through work. This pr...

Under the conditions of Austro-Hungarian legal regulation, cooperatives had been based on associations which had developed from societies and therefore underwent specific legal regulation that differed from that regarding trading companies. In countries following the continental law based on the Roman law, cooperatives as legal entities have been regulated separately from trading companies. This division has been taken over by the Slovak commercial law as well. However, the Commercial Code as lex generalis of comm...

Co-ownership represents an encumbrance of the entire property. Encumbrances take the form of the mandatory approval of any action involving a co-owned item to be obtained by every co-owner of real estate from other co-owners, thereby restricting the exercise of a co-owner’s property right. It should be stressed that property is an absolute right in rem, one of the fundamental rights of every individual; therefore, any restriction must be soft to the maximum extent practicable, granting the owner the widest possibl...

The exception to contractual non-performance is perceived in the doctrine as a defense or remedy available to a contracting party which, by simply invoking this exception, may block the claim brought by the other party (which has not executed its own obligations), in order to oblige the party that invokes the exception to perform its own contractual obligations. With respect to third parties, the exception to non-performance may be invoked against them, where the claim results from the contract (when the third par...

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) comes into force on 25th May 2018. This regulation exchanges the present Act No. 101/2000 Coll. on personal data protection in the Czech Republic and implements totally new rules for this issue in the EU member states. The aim of the article is to apply the selected provisions GDPR regulations to a di...

This paper aims to define and analyze the constitutional, legal and practical aspects of political parties through analyzing constitutional and legal norms as the main factors that determine the party system of the Republic of Macedonia. Political parties are the cornerstone of a democratic society and the modern democratic state. Without political parties, there can be no real political mobilization of citizens and articulation of the political interests and needs of the citizens, something that is expressed thro...

Objective of the article is the analysis of the theoretical aspects of research of the procedural actions applied at the criminal case initiation stage and classifications procedural actions on the various bases. The research is based on the dialectical method of studying the procedural actions at the criminal case initiation stage. The main subject of the study is a theoretical understanding of the procedural actions, as well as to evaluation of correlation between the above mentioned category and the allied cate...

Article 12 of the UN Convention on the Rights of Persons with Disabilities as one of the core articles of this first comprehensive human rights instrument of the 21st century sets equality before the law as a basic general principle of human rights protection affirming that all persons with disabilities have full legal capacity in all aspects of life on an equal basis with others. Implementation of this regulation in national legal capacity laws represents a challengeable task for state parties. Namely, the Commit...

The article is devoted to the problems of direct democracy in Russia. As well known, the main forms of direct democracy are elections and referenda. The concepts of “suffrage”, “referendum participation” and “democracy” are interconnected and allow us to characterize status and development of the “state-society” system. Only when determining the level of implementation of electoral rights and right to participate in a referendum of citizens and the guarantee level of these rights can one determine whether the stat...

Environmental crime, in a large number of cases, is an expression of corporate crime: from this it is evident that action must be taken, not only against the individual responsible for the crime, but also the legal entity, increasingly playing a leading role, since an environmental crime is the result of a corporate policy that fails to safeguard the surrounding environment. In Italy, administrative liability (which actually amounts to criminal liability) of legal entities, companies and associations, including th...

The aim is to conduct a comparative legal research of the functioning of various forms of legal proceedings with the participation of the people’s element in foreign countries. The authors pay special attention to the definition of the role of a professional judge in such courts. Its methodology includes both the general scientific methods and the specific juridical methods of cognition. The result of the research is an identification, separation from the multifaceted legal experience of developed democratic count...

The term VAT grouping is a current term in EU tax systems and serves as an instrument of simplification of tax administration and a means of combating tax fraud. The complexity of EU market and the existence of various legal solutions in the framework of national legislation impose additional costs onto entrepreneurs, making the European Union a less attractive investment destination. In the framework of the studied topic, the establishment of the single market calls for the harmonisation of national legislation o...

The article explores influence of Ordoliberal School of economic thinking, also known as Freiburg School of economic thought on the competition law and policy of the European Communities and later the European Union. Methodology, brief history and members of the tradition shall be introduced, with particular focus and emphasis on Walter Eucken (1891–1950), the founder of the School, Franz Böhm (1895–1977), author of the school's competition policy/law drafts, Hans Großmann-Doerth (1894–1944) and Friedrich August v...

The tax policy has now become tougher, risks have risen in the use of tax schemes based on abuse of law. Tax authorities and courts are fighting against abuses and illegal schemes in the tax sphere. Taxpayers come up with new methods of tax planning. Russian legislation is gradually beginning to formulate legal norms in the field of tax planning, its principles and criteria. Tax planning and optimization of taxation are not properly regulated at the legislative level, despite the fact that in the science of financ...

The paper is devoted to the issues of tax accumulation and its role in shaping the amount of local government taxes in Poland. Therefore, the research covered taxes forming the tax system which entirely contribute to the budgets of local government units. The basic objective of the study is an in-depth analysis of the concept of the classic institution of tax law in question. The implementation of this research intention, however, required reference to the relationship between tax accumulation and the obligatory e...

The article is devoted to legal aspects of the Children's Environmental Parliament ac-tivity as of a special form of extracurricular education in Ukraine. Basing on the analy-sis of legislation as well as methodological and other documentation the author analyzes and specifies legal forms of the Children's Environmental Parliament activity. Such forms determine its special place in system of extracurricular environmental and natu-ralistic education. Considering progressive achievements of the Ukrainian environment...

The article is devoted to the issues of official results of intellectual activity in the Russian Federation and its connection with labor law. In general, results of intellectual activity are regulated by the civil law; however, in case of service work, service invention, service utility model, service industrial design, service selection invention, and service topology created by the employee in the framework of its labor functions, certain issues are also regulated by the labor law. For instance, the remuneratio...

Games on chance make important part of the free movement of services within the European Union (hereinafter: EU) internal Market. Due to the development of technology, the online gambling is a fast developing activity in Europe. Since this activity can be provided by the Internet the market of the gambling industry practically doesn´t have physical limits. Different kinds of gambling services often operate across borders and can also operate outside the control of individual EU countries’ national authorities. Thi...

There is no democratic system without free, general and fair elections. The sovereignty of the people in democracy is achieved through its participation in political decision-making and the right to choose democratic institutions, which are entrusted with the mandate to govern the country. Elections are the essence of democracy or the means by which it functions. Democracy in all its forms is based on the electoral system, which creates the governing structure of a country, assures the participation of citizens in...

This paper looks at the sequences found in the Romanian witness examination, and more specifically at the post turns following an adjacency pair. The speech event of witness examination is coherently organised in the form of minimal, two-turn adjacency pair sequences of questions and answers. Therefore, the adjacency pair is the basic unit of the sequential organisation, made up of a first pair part and a second pair part, a question and an answer in this case. Turns in a conversation are not single utterances, bu...

The development of science and technology in the modern world affects all aspects of human life. So, in connection with the emergence of Assisted Reproductive Technologies (ART), the current concept of kinship is increasingly being questioned. In the process of assisted reproduction, biological materials are often used not only by people who wish to become parents, but also by other people (donors of sperm, ovum, etc.). That is, persons who are duly registered as parents of a child conceived with the help of ART m...

It is presumed that a judgement that has come to legal force cannot be appealed and that such a judgment should be regarded as a final ruling in the case, however, under certain legal circumstances, called as newly disclosed circumstances, it is possible to restore criminal proceedings. When restoring criminal proceedings due to new circumstances, the right of individuals is guaranteed to the protection of a fair trial and a fair final ruling. The aim of the article is to investigate what circumstances can serve a...

The re-opening of criminal proceedings, where a judgment has already entered into force, due to newly discovered circumstances ensures the right of persons to a fair trial and a fair final judgment. Any person involved in criminal proceedings whose right or legitimate interests have been affected by specific criminal proceedings have a guaranteed right to lodge an application seeking the re-opening of criminal proceedings for the investigation of newly discovered circumstances. However, the initiation of such proc...

The main aim of this article is the evaluation of the private-law regulation of the contract for services in the Polish law. The Polish Civil Code, on the grounds of the principle of the freedom of contracts, has regulated the basic types of the contracts for services as nominate contracts. Pursuant to Article 750 of the Civil Code, the provisions on the contract for mandate apply accordingly to the remaining contracts for services which have not been regulated by other provisions. Thus, it is necessary to establi...

The legal order of the EU increasingly influences the domestic law of the individual member states of this supranational organization. Labour law is not an exemption, while it is considered to be a relatively independent branch of law in the legal system of the Czech Republic and of the other EU member states. Many member states, including the Czech Republic, have codified this area of law, i.e. the legal relations established through dependent work and the respective co-dependent relations are dealt with by a sep...

This article deals with employee holiday. Holiday is a time of relax, by which the right of employees to longer leave of absence within the calendar year is realized. The right to annual holiday with pay is one of the basic social rights of employees; this right is guaranteed by international as well as Czech legal regulation together with the right to just conditions of work. The aim of this article is to define employee holiday and its fundamental principles according to the Czech legal regulation and point out ...

Rule of law has been designed as a construction mainly aiming at observing the rights and freedoms of individuals, by protecting them and ensuring general balance where everyone obeys state law and no one is above the law. The amount of legislation, the political power interested in satisfying its own interests, which are frequently in opposition with the general interests of individuals, the shaping of the various groups of interests that try to impose their own will, are harmful factor that endanger the very exi...

Under the European Union law regulations, social organisations whose statutory activities include promoting environmental protection (ecological organisations) have obtained extensive procedural rights in the area of administrative procedures in environmental matters requiring public participation. The solutions adopted in EU law have been transposed and adapted to the local conditions of individual Member States, including Poland. The regulations applicable in the above-mentioned scope regarding ecological organi...

In terms of legal theory, Ukraine, as the main structural element of the political system, carries out the state policy the aim of which is provided in the Constitution of Ukraine. This policy is demonstrated in different directions, defining the main objectives and content of the state activity in all areas of public relations. One of the structural elements of the state policy is legal policy, the main task of which is to create an effective system of social relations regulation by legal means. Depending on its ...

The article is devoted to the problems of correlation between International Humanitari-an Law and International Human Rights Law, mainly to investigation of two viewpoints on the issue. International Humanitarian Law and International Human Rights Law are by themselves two different but mutually complementary branches of International Pub-lic Law. Both are aimed at ensuring protection life, health and human dignity. Whereas International Humanitarian Law is implemented solely in situations of armed conflicts, Inte...

The contribution will focuse on the most controversial issues in the mechanism of human rights protection at the level of the EU and their current reflections in the time of crises, including the proposals de lege ferenda. The key part of the paper will be dedicated to the issues of the judicial enforcement of the provisions of the Charter reflecting the fact that this Union´s catalogue of human rights does not bring its own control mechanism in the form of the special procedure (on the contrary to the European Co...