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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...

The research paper analyses the concept of legal liberalism as the framework for the existence of freedom in modern constitutional states. The genesis of the concept of legal liberalism originates from the works of ancient philosophers, who used to create various theories of ideal states. However, an in-depth analysis of this issue was carried out by great German philosophers Immanuel Kant and Georg Hegel. In Russia, a number of prominent scholars, such as Boris Chicherin, Pavel Novgorodtsev and many others, also ...

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...

A growing number of areas of daily lives are increasingly affected by robotics. In the European Union (hereinafter: EU) the fast-evolving field of robotics initiated public debate regarding legal framework for the robots. In order to ensure that robots are and will remain in the service of humans, some key legal issues such as human physical safety, liability exposure and privacy/data protection need to be resolved. If we take an example of liability issue, the question is can we hold robots liable for damage when...

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 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...

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...

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...

Proceedings in cases related to the violation of public finance discipline include ordered sequence of activities, that compose a process aimed to decide by competent authorities about liability for such violation. These proceedings are important part of polish public financial system which are based on the act of 17 December 2004 on the liability for violation of public finance discipline and also polish legal solutions are unique in the world financial and legal solutions. Primary research purpose formulated in ...

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...

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...

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 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...

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...

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...

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...

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 ...

The purpose of this study is to analyze such a phenomenon as plagiarism and possible measures, which are taken to combat it. Considering the definition В«scientific fraudВ» we assume that the main components of this phenomenon are plagiarism and falsification of research data. Today plagiarism and appropriation authorship had become quite common phenomena. Plagiarism as a phenomenon has a fairly long history but not at all times and not in all states the practice of such act was denounced. Today in many countries ...

Many issues are connected with the ecological security of the state. This institution is a good example of the complexity of the relationship between the instruments of legal protection of the environment that create it. The aim of this paper is to consider the connections between planning instruments related to the functioning of the legal institution of ecological security in the system of environmental law. In the process of implementing environmental policy in the Polish State, ensuring ecological security, a ...

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 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 number of offences committed by minors remains consistently high. According to data of the State Police of the Republic of Latvia, in 2016 the number of juvenile offences grew slightly from the previous year: 907 offences by minors were recorded in 2016, and the number of minors who committed offences increased. [1] The fight against juvenile crime is a set of complex measures, including both fight and prevention. Complex measures are implemented by state and municipal officials, who have certain duties define...

In modern world, large metropolises are beginning to play an increasingly important role. It also applies to many Polish cities. In Poland carrying out metropolisation process, understood as creating special solutions for metropolitan areas in the form of large urban agglomerations, that are facilities of various networks (transport, scientific, economic) and development centres, is not satisfactory. Initiatives to ensure management of metropolitan areas have been undertaken for a long time, but still without achi...

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...

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...

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 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...

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 the article is to study and analyze the theoretical and practical issues of the trust essence, including the Continental law system countries, and what future development could be in Latvia taking into the account practice of the another European countries. Within the process of the research Latvian and foreign legal acts were analyzed, case – law were used and literature in Latvian, English, Russian, German, French and some other languages were looked through. There are used comparative, histori...

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 citizensВ’ trust, institutions that will guarantee that the executive and legislative power do their functions in accordance to legal acts and international standards. ...

The present article shall be devoted to the analysis of the regulation on the resolution of sports related disputes by the United States Olympic Committee (hereinafter referred to as “the USOC”). The research is made in the frames of the author’s doctoral study on alternative disputes resolution methods for resolving sports related disputes. The research is based on empirical-analytical group of the research methodology. The following sections shall be presented: the introduction; the role and functions of th...

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...

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 ...

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...

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 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...

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...

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...

In the doctrine and judicial practice, it has been stated that the performance of the obligations stipulated in synallagmatic contracts must be made simultaneously by both parties. Therefore, the refusal of one of the contracting parties to perform its own obligations breaks the balance that must exist between the reciprocal performances of synallagmatic contracts so that the other party is also entitled to cease performing its own obligations. Thus, the exception of non-performance consists in the possibility for...

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 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 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...

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 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), ...

The change of the social establishment in 1989 paved the way for the large groups of population to the entrepreneurship. The economic theory considers the entrepreneurship to be the basic tool for the economic development of every state. However, the main issue for every beginning entrepreneur is the choice of convenient legal form of entrepreneurship. General commercial partnership and limited partnership representing the types of personal trading companies have their origin in German and Austrian commercial law....

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 ...

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...

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 2...

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 leg...

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...