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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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...