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In the beginning human rights are divided into two kinds: rights of first generation (civil rights and political rights) and second generation (economic rights and social rights). There wasnВ’t contradiction or alternative nature between the two 'families', but the second В‘familyВ’ (economic rights and social rights) was practical phase of the first В‘familyВ’. Nowadays, it is only possible to В‘bearВ’ the rights of freedom, as an expression of enhancement of individual prerogatives, the one and only dimension of...

This article aims to explore the possibility of the administration of third party property by another person and not by the owner of the property. The topic is addressed to natural persons and it is governed by rules of civil law, and not commercial law. The legislation lays down the general principles of such administration, the types, the liability and obligations of the administrator (manager). So, the analysis starts with the Romanian Civil Code, which does not define the administration of third party property...

The European Union (EU) and the USA have two very different models of personal data protection (European terminology) or information privacy law (American terminology). EU law has a defined and clear concept of personal data and a general law to protect this fundamental right. Meanwhile, the USA does not have a uniform definition of information privacy or personally identifiable information (PII); and it has only some sectorial laws to protect privacy in some markets. Personally identifiable information is one of ...

Background: The members of statutory bodies of corporations are responsible for the damage caused by them personally and unlimitedly within the period of their function. Legal claims for compensation can be submitted by the company, shareholders, creditors, bankruptcy administrator or employees. The negative consequences of decision made by statutory body can occur even after longer period of time and can influence other subjects (e.g. husband, wife, heirs). Directors and officers liability insurance covers damage...

The process of Macedonia's EU membership requires undertaking concrete steps to follow current developments regarding retirement policies. This issue is not lacking treated in government programs or in programs of political parties running for executive power, however, it remains to be only in the context of daily political interests and unfortunately there is no sustainable solution. Since Macedonia's membership in the European Union requires a series of measures and activities, is immanent need to achieve a scie...

The aim of the research work is answer the question: what elements of the legal status of partners (or shareholders) of commercial companies (including partnerships and companies) and what extent, can facilitate the implementation by investors support in the form of venture-capital from the perspective of, significant extent representative of the so-called continental system of company law in Europe, regulation of the Polish Commercial Companies Code of the 15 September 2000 (c.t.: J.L. 2016, it. 1578, hereinafter...

The first period of Estonian independence lasted for 22 years, beginning in 1918. Starting from 1940, the Republic of Estonia was occupied by the Soviet Union for fifty years. Our case study examines the activities of Baptists in the Estonian parliament during this period from the viewpoint of ethics and sustainability. Content analysis was used as a qualitative research method. The content model is based on Talcott ParsonsВ’ AGIL paradigm [1], which determines four imperatives for the continuity of social systems...

History has shown that a high risk of accidents happening exists when a state operates an atomic power plant. It is widely agreed that the Chernobyl Nuclear Power Plant accident of 1986 is one of the two worst accidents of this type ever to happen. The Chernobyl Nuclear Power Plant itself was situated around 15 kilometres away from the Belarusian border and Belarus was the country affected the most by the disaster. One would rationally expect that such lessons are taken into account by the governments of various c...

In the article the author analyses an open issue of calculating proxy votes in the takeover threshold according to Croatian Law. Since the Takeover Bids Directive does not specify the percentage of voting rights, which triggers the obligation to launch the takeover bid, nor the method for calculating the threshold, Member States are left to decide on these issues. The Croatian legislator has adopted the provisions on calculating the number and percentage of voting rights in Article 8 of the Croatian Takeover Act. ...

In the financial contracts the parties are not on equal terms because the financial client expresses his willingness to conclude the contract on the basis of information provided by the intermediary. For the European legislation clients must be classified by intermediaries as retail, professional and eligible counterparties. The classification proposed by the intermediary may be rejected by the client, who may ask to be classified differently. When a clientВ’s request to be classified in a certain category is auto...

Currently, the most challenging issues in the digital economy are legal issues. Data protection in the digital world, and processing of a number of information on a daily basis is one of the most important achievements that must be accomplished when considering regulatory framework in micro and macro surrounding. Data and their protection are crucial and the most important issue in process of connecting and consolidating information. Data protection reform is one of the cornerstones of the Digital Single Market. T...

The article describes significant changes in corporate governance in the Czech recodification of the Czech private law. In the Czech Republic, from 1992 to 2014, the Act No. 513/1991 Coll. the Commercial Code, regulated only the dualistic (two-tier) model of joint-stock companies internal structure. Currently, the dualistic model and the newly regulated Czech monistic (one-tier) model of a joint-stock company is regulated in the new Act on Commercial Companies and Cooperatives (“the Business Corporations Act“)...

Family law disputes which directly or indirectly involve children necessitate thinking of the best way to protect children whose parents are in dispute. Namely, in judicial proceedings parents are often opposing parties and this leads to deepening of conflicts in the relationship and growing apart of the parties involved in family law matters. Such development of the situation usually affects children the most and they are often in the centre of their parents’ conflicts and therefore they become a “weapon” in...

This article discusses the concentrations in Republic of Macedonia in the 2014 and 2015 with regard to the developments in concentrations. The discussion is primarily focused in the legislative framework of the developments as well as in the relevant case law during the time period 2014-2015. This paper reviews the meaning and ways of creating concentrations and gives concrete examples of the practice in Republic of Macedonia. Further on, this paper continues with the various types of concentrations. Concentration...

Generally, the principles of conflict of laws provide guidelines to determine whether a court of the forum jurisdiction will apply its law or the laws of another interested party to a dispute. This inquiry often requires a court to make a choice that may be affected by public policy considerations of the forum jurisdiction. Conflict of laws principles, moreover, may extend to many aspects of a case, such as judicial jurisdiction. We discuss the law and economics of conflict of laws and choice of law. Hence, four q...

Closely held companies are a common form of conducting business not only in Croatia, but at the level of comparative law as well. Since in these companies shareholders are closely connected, they actively participate at all company levels as owners, managers and employees. As in partnerships, interpersonal connection lies at the heart of their relations. Owing to its features, closely-held companies face specific issues with regard to corporate governance, such as the potential conflict of interest between the sha...

Each system has its flaws and weaknesses. Problems in domestic practice usually outperform by analyzing the experiences of foreign jurisdictions and by incorporating foreign solutions to domestic legislation. In a global world, the legal systems are increasingly encountered the same problems and innovate similar solutions. As a result, the systems are approaching each other. This phenomenon has not bypassed our criminal procedural law of the Republic of Macedonia. Namely, the present analysis of the development of...

This article highlights certain issues related to the multiple meaning of the term suspicious transaction and its complex nature. Following the basic international definitions of suspicious transactions, national legislations try to adjust them to domestic conditions. The results of selected legislative frameworks are presented through the statistical analysis of three Western European countries and the Republic of Croatia. The statistical analysis of the reversal which happened in suspicious transactions reportin...

This study deals with the role and place of social rights in the legal system of the first Czechoslovak Republic. The aim is to point out that the first Czechoslovak Republic did not adopt market economy right from the beginning of its formation. After the end of the First World War there was the gradual transition of the Czechoslovak war economy towards market economy. The milestone was the adoption of the Czechoslovak Constitution in 1921, which not only signalized the development of civil rights but also social...

While also examining procedures related to a direct vote for the president in various European countries, findings in the present paper have been based on an interdisciplinary approach to implementing the system through a constitutional amendment in the Czech political system. With occasional references to other European countries, the new legislation on presidential elections in the Czech Republic is presented with a focus on several issues; firstly, the extraordinary importance of the arrangement for the Constit...

New technologies and possibilities of simultaneous processing of large quantities of personal data are developing both in science and the economy. However, collecting and processing personal data opens up a whole range of issues and controversies. The European Union has also recognized the importance of this issue and has implemented a reform of personal data protection through a new instrument aimed at ensuring the protection of the rights and fundamental freedoms of individuals with regard to the processing of t...

In Italian building tenders, the number of awarding environmental criteria is increasing. This gets out from a wide spread green sensitivity, but on the other side it could act as an opaque “green” screen on the decision process: the more the environmental require-ments are heavy awarded in the calls for bids, the more it is important their effective-ness instead of their standardization. Otherwise they work as a decision justifying fac-tor instead of a local tailored and valuable contribution to a better envi...

The aim of this research paper is the study of legal status of the European company, reflection of preconditions for creating a new legal form of a company, which has a European origin, the identification of features of the legal regulation of its establishment and operating activities, as well as the analysis of the advantages and drawbacks of these legal entities, which define its effectiveness for large business and prospects. The methodological basis of the research is historical, comparative-legal, particular...

This article assesses the legal regulation of competition rules in agricultural business within the legal framework of European law. It is assessed what role is played by the major European institutions and bodies in the process of the adoption of legislation which aims at creating fair conditions for all subjects active in agricultural business. Within the major EU institutions, those having impact on EU legislation on agricultural advertising include the Committee on Agriculture and Rural Development of the Euro...

In the Slovak Republic divided views have persisted for several years as to whether a court executor may create a lien on immovable property in favor of the entitled party to secure the partyВ’s monetary debt claimed in the execution proceedings, and subsequently sell the obligated partyВ’s encumbered property without consent of the preferred lien creditor (i.e. the creditor in whose favor the lien has been created on the obligated partyВ’s immovable property earlier). According to one view, relying on statutory i...

The Hungarian Act on Criminal Procedure in force (hereinafter: Act) was modified by the Hungarian Legislator in 15th of September, 2015. The reason of this modification was that the illegal crossing of border and the related acts were declared as criminal offences by the legislator at the same time in the Hungarian Criminal Code. These criminal offences are: illegal crossing the closing of border, damaging the closing of border and hindering the building of closing of border. The aim of the Hungarian Government to...

Flexible working time is becoming a tool of linking paid work to family obligations and/or willingness to persuade private interests while retaining full time job. Work – life balance concept is getting more attention world wide of workers, employers and legislators. Flexible working time is also becoming a tool for employers to organize work in non-traditional working schedule and to achieve the best results in working environments which have to adjust to foreign time zones or various external variables. Having...

The aim of this research is justification of differences in legal regulation of men and womenВ’s labor, caused by particular support of women and revealing importance of well-balanced differentiation of their labor conditions. For these purposes normative legal acts, containing standards of labor law and also Conventions of International Organization of Labor were analyzed. Among basic conclusions, made during research, we can note the following ones. First, employersВ’ unwillingness to conclude labor contracts wi...

This article discusses the Copyright in Kosovo after the year of 2001. Copyright is defined as the totality of legal standards that which arrange social relations arising from the creation and evaluation of scientific, literary-judicial works. Copyright defines in two meanings in the objective and in the subjective sense. In objective sense, copyright includes complexity of legal standards which stipulate legal relations for intellectual creativity in the field of literature, science, art, and other legal provisio...

The paper reviews and critically compares current trends in information management and global information society in healthcare. In healthcare, the issue of transitioning to an information society is closely linked with protection of personality of the patient and with safety of health care provision. Entry of information technologies into this area enables sharing and rationalising patient care and spreading of highly innovative technologies; however, is also connected with risks to the right for privacy and duty...

The article analyzes the role and significance of health protection activities in the processes of social interaction at the national (internal) and international levels. The authors focus on the contradictions existing in modern societies in the relations between different social strata, on the discrepancy between the interests of the political elite and the interests of the majority of citizens, on the confrontation of the world elites among themselves, which contributes to the development of social alienation p...

The article proves advanced forms of citizens and local government's interaction. Authors consider and analyze some aspects of direct democracy and compares Russian regulation and theory with foreign legal orders. Authors describe the content and determines problems and prospects of using such advanced forms of interaction of citizens and local governments, as electronic referendum (plebiscite) and surveys. Methods: dialectic, abstraction, analysis, synthesis, deduction, legalistic method, interbranch legal resear...

The state administration bodies in exercising supervision through the inspectorate exercise control over the activity of administrative bodies, administrative acts, organizations that have public authorizations, economic entities and other institutions, they impose administrative measures in accordance with the legislation. The Republic of Macedonia, like many other countries, competes in European integrations, which require standards related to administrative control, which is also reflected in the inspective con...

The ideas of interest existing today in the theory of civil law are described in this article. Two types of interest are defined: interest as "user fee" (Art. 317.1 of Civil Code of the Russian Federation) and interest as "responsibility for illegal use" (Art. 395 of Civil Code of the Russian Federation). The conclusion is that there is a distinction on the nature of these interests. Features of legal regulation of the interest charged as responsibility are considered. Peculiarities of legal regulation of interest...

Regarding to the meaning of constituionality, both in constitutional and juridical theory, as well as in many different works of various theorists, appear different opinions. Legal theory mainly deals with constitutionality in the legal sense, not fulfilling this with the political meaning. Political theory and sociology, in the first place, consider constitutionality as a political principle. Handling it in a separate way leads to their unilateral conclusion regarding the concept of constitutionality. The former ...

This paper focuses on the judge-witness interaction in the Romanian courtroom, namely on the questioning and reformulating strategies used by the judge in the Romanian courtroom. In the Romanian courtoom (belonging to the inquisitorial system of justice), the judge is actively involved in determining the facts of the case, while the judge in an adversarial system is an impartial referee of the prosecution and defendant pleading their cases before a jury who determines the facts of the case. If judges have a passiv...

This article is devoted to the support of families with children provided by the state, which is often discussed and still being topical issue. Labour-law claims of employed parents having small children are connected to their specific working conditions. By social claims, claims to financial benefits provided by the state within the periods of pregnancy and parentsВ‘care of small children are meant. The aim of this article is to explain the given topic as for its legal frame as well as to determine the fundamenta...

The paper explores relations beetwen philosohical views of language and the problem of intersubjectivity in interpretation of legal text. The purpose of the paper is to show and analyse the consequences and difficulties with aplying philosophical ideas of language to legal interpretation with respect to intersubjectivity of that kind of interpretation. Author characterizes two general phlilosophical views of natural language – the structuralist view and the nominalist view. The structuralist view is based on two...

The paper concentrates on the legal analysis of the independence of the Czech Central Bank. Central bank independence is a key precondition for the successful implementation of monetary policy and hence for sustainable non-inflationary economic growth. Independence protects the central bank primarily against any political pressure to adopt measures to boost short-term economic growth. The term "independence" is not explicitly expressed in Czech legal documents (the Constitution of the Czech Republic and the Czech ...

The article is devoted to several approaches to understanding of the legal culture phenomenon. The object approach dominating in the domestic theory is inadequate, because it reduces legal culture only to knowledge of current legislation and law-abiding behavior. The author's approach reveals the underlying foundation of legal culture of the different social actors, which are the leading values - formal equality, freedom and justice.

Legal personality is one of the most important constitutive elements of international organizations. So far, international organizations have acquired legal personality in national as well as in international law. In the first case, international organizations are subjects of national legal systems, while in the second case, they are subjects of international law. However, despite the fact that the United Nations possess legal personality in both national and international law, certain subsidiary organs of the Uni...

Nowadays, with the rapid development of international relations, sharply increases the intensity of migration processes, and as a consequence - the number of migrants. From the Russian Federation adopted obligations to respect human rights implies the need to ensure individual rights to free choice of residence and freedom of movement. There is a process of formation of the renewed worldview in which every human disorder encourages the search for a better life. One of the consequences of such a disorder are migrat...

Currently there are no specific studies dedicated to the administrative and legal transformation in the management of protected and protection of democratic values such as the constitutional system, security and welfare of the population. We are talking about protection, and public evaluation of the effectiveness of legal means of managing large complex relationships in the context of the inadmissibility of weakening national security. In consideration of the reader is presented the most difficult legal and admini...

In the modern world the question of the need for the legalization of gambling business is debatable, numerous disputes over this issue continue to date. At the same time supporters of both points of view adduce serious arguments in justification of their positions. Proponents of the legalization claim that permission of lawfully operating gambling industry will promote inflow of the considerable money to the budget necessary for development of various spheres of public administration, activization of the tourist i...

The authors suggest that the development of civil society as well as of information technologies are objective factors that influence the content of the legislation of any modern state. From this perspective, they evaluate the system of financial control (supervision, audit) in the Russian Federation and the quality of its legal regulation. To determine the specifics of the legislative regulation of financial control, a comparative legal analysis of regulatory legal acts of the Russian Federation and of a number o...

Russian law gradually begins to form legal norms in the field of tax mediation. Tax mediation is not recognized at the legislative level. For this reason, the question of the use of mediation for tax disputes deserves close consideration. At the present time in Russia the problems of application of procedures of mediation in tax dispute are frequently discussed. In modern conditions of formation of judicial practice on tax disputes the issue of pre-trial settlement of disputes acquires the increasing relevance. Th...

The paper explores the current challenges the international community faces in the context of migration crisis. The research follows comparative legal analysis standards and rests on the international legislation, national laws and legal administrative practices regarding the refugee child protection against exploitation and abuse in the countries that are part to the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. The paper aims to identify the issues that ...

The Fundamental Law of Hungary came into effect on 1 January 2012 and it has resulted in major changes in terms of the entire state organization. These changes significantly affected local authorities also. The Hungarian system of the administrative supervision accomplished a unique system. A relatively strong supervision came true so, internationally with unique device, the replacement or substitution of the decree. The previous devices remained beside this, that they were joined by new ones. The paper analyses t...

Penalties for the offence of stalking have a short history in Polish law. Article 190a was added to the penal code in 2011, and Section 190a §1 states: “Anyone who, through the persistent harassment of another person or another person's next of kin, creates a justified sense of danger or significantly violates the person's privacy, is subject to imprisonment for up to three years”. There was difficulty counteracting this offence prior to the 2011 Criminal Code amendment because previous rules did not always p...

Some offences under Polish law are codified in Acts other than the Criminal Code. For example, Criminal Liability is regulate in the 14th chapter of the Act of 4th February 1994 “Law on Copyright and Related Rights”. The most important offences legislated are acts of plagiarism and copyright piracy. The first offence is codified in Article 115 and the second in Articles 116 and 117. Plagiarism is prosecuted ex officio, with maximum penalty up to 3 years imprisonment, and Copyright piracy is prosecuted on a com...