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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...

Despite PolandВ’s ratification of all major international space law treaties, except the 1979 moon treaty, it has not implemented these norms in internal legal order. It is therefore quite difficult to discuss unlegislated national space law. The only domestic reference to space law is the Act establishing the Polish Space Agency and Polish Space Strategy, but this Act is not legislative. Although Poland has many obligations resulting from membership in the European Union (since 2004) and the European Space Agency...

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 th...

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...

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 ...

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...

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...

A four-year research project on the protection of the more vulnerable party, supported by the National Scientific Research Foundation (K-120158), has been driven by the notion of flexicurity, which the Commentary of the Hungarian Labour Code also refers to. According to this the main question of the research shall be how the provisions of the Labour Law Code (in force since 01.07.2012.) protect the more vulnerable party, ie. employee. The examination of the Hungarian labour law provisions happens in six different ...

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 ...

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...

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-morrowВ’s criminal grimaces, and more th...

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 aim of this article is to clarify doubts arising on the grounds of the application of the legal provisions normalizing the forms of legal acts where the necessary component is as follows: a handwritten signature on the document constituting a statement of will of the person submitting this document. The problems regarding the signature usually refer to the following issues: what should the signature express, is it sufficient to only indicate the surname, should the signature be legible, what shape of letters i...

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 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 ...

Human trafficking has been and unfortunately in many societies continues to be one of the main issues that law enforcement institutions are being faced with. The negative sides of human trafficking are generally known, nut on the other hand building appropriate strategies to combat human trafficking has proven to be very difficult, even in developed societies. When it comes to the Republic of Macedonia, the situation is even more complex, having in mind that human trafficking is not a topic being generally discuss...

An inalienable content of a state of law, which is Latvia, is the protection and enforcement of rights and legitimate interests of the individual, especially in relation to enforcement of rights of persons, involved in criminal procedure. Freedom of the individual, his/her rights and guarantees are increasing and it is also a characteristic of the criminal procedure. Latvia is a full member of the European Union. To issues of enforcement of human rights are paid special attention and attempts are made to change ra...

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 individualВ’s property and, potentially, the punitive role of tax. The problem should be a...

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 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 judgesВ’ and courtsВ’ 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 In...

Foreign investment in the modern world is an incentive for the development of the economy and society. The sustainable development of economic systems requires periodic inflows of investment and capital. Investment is a tool for the development not only of enterprises but also of States. However, the process of development of investment activity in the world was quite difficult. States have chosen different methods regulation of investment activity. If we take into account the fact that a significant number of inv...

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...

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 is...

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...

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 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 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 r...

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 ...

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...

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...

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...