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Background: The scientific problem is insufficient knowledge of practicing lawyers and scientists on the composition and frequency of use trading practices used by entrepreneurs, as well as on the criteria for the application of trade usages in public circulation. The purpose of the article is to reveal the legal nature, the essence, the characteristics of trade practices as sources of law, to determine the mechanism of their application by judicial practice and business (civil) turnover of Russia. Methods: The ar...

The inheritance institution even if dominated by tradition and conservatism was transformed during time in terms of concepts and procedural. These changes of the law texts which regulate the issue of inheritance were determined by culture, religion and political philosophy of the times. Since the primitive period, during which we can find instinctive and customary rules related to the transfer of property of assets held and used by the deceased during his/her lifetime, continuing with the Roman law in which the in...

Among the many changes made following the entry into force of the new Civil Code in family law field, the civil engagement institution is governed by Articles 266-270. Even though there is so far a genuine judicial practice (although some unsuccessful actions began to be resolved), an analysis of this institution we find particularly timely, especially given the fact that the doctrine has not reviewed until now this institution. This paper proposes a critical analysis of legislation and formulates proposals for le...

An article describes briefly new Act implemented in the Czech Republic at the end of year 2014 reflecting statement of Civil Service. Regulation of public administration officers according to Civil Service will have economic and administrative impacts for its initial functions and then for further training of the officers which are subject to the Civil Service relation because of new position of these officers. Such relation will mean the relation, when the work for public sector is replaced by the service for sta...

Legal protection of intellectual property is an integral part of research and development (R&D) industry. Well-done management in the field of intellectual property can bring additional funds to R&D institutions. Biotechnological R&D, what relates with biological, chemical, and biochemical methods applied on organic or even biological material, is one of the fastest booming area of R&D at all. The paper presents juridical research in the area of biotechnological invention patentability, incl. relationship between ...

In the contemporary era, the right to health is a human right and is based on the natural rights of humans. Hence the obligation of the states to develop appropriate legislation and to implement this obligation. In other words, the social responsibility in health. Currently, in Europe there is a close collaboration between the World Health Organization, the European Union and the Council of Europe with the declared aim to support the implementation of coordinated strategies for the implementation of patient rights...

The purpose of this paper is to analyse specific rules concerning free movement of goods, especially measures that may hinder market access. Articles 34 and 35 of the Treaty of the Functioning the European Union (hereinafter: TFEU) prohibit quantitative restrictions on imports and exports and all measures having equivalent effect as quantitative restrictions between all Member States. The European Court of Justice (hereinafter: ECJ) dealt with a number of cases concerning Articles 34 and 35 TFEU. Even after numero...

France is well-known for its solid and fierce social system, particularly in terms of employment. However, despite the French legislator's efforts to create a legislative protection shield for the French employees, moral harassment at work developed itself as a silent, ever-growing and - at a certain extent - tolerated phenomenon which led to a significant number of suicides. This paper aims to present the proper, complex and thorough legislative protection granted under the French legislation against various type...

The right of intellectual property in all its complexity can be characterized nowadays as „the most universal law subject field, developed enough scientifically and systematized adequately.“ [1] The significance of the right of intellectual property as the law branch, is currently becoming more popular worldwide. The protection of the right of intellectual property in the condition of Slovak Republic, comes out of the basic legal enactment, that is Constitutional Act of Slovak National Concil no. 460/1992 of t...

The paper introduces the preliminary findings of the project that explores current state of affairs regarding national legislations and relevant agencies' activities with respect to investigating the child sexual abuse as a crime and combating it. The goal of the research is to map basic fields where countries might face challenges regarding the criminalization of child sexual abuse within the circle of trust and draft preliminary recommendations to enforce international activities to prevent the crime under study...

Crowdinvesting is a recently emerged business practice recognised as an alternative method of raising risk capital in the early stage financing of start-ups and small enterprises. It involves a collection of relatively small amounts of money contributions from a general public, via platform operator. In return, investors acquire equity or debt financial instruments issued either by project holder seeking finance (direct crowdinvesting) or a special purpose vehicle established by the platform operator or a third pa...

Reception of Roman law, which, in the High Middle Ages hit the legal environment of almost the entire Europe, had also imminently influenced the development of law in the Czech lands. Aside from Canon law, which often used Roman law terms in documents, the issue of reception of Roman law in the Czech lands was closely connected mainly with the medieval cities which, thanks to their market-economy nature, were very close to the economic and social structure of Ancient Rome. There were many Czech towns that followed...

Declaration of necessity to improve the level of data protection in all spheres of European Union (EU) policy under the Stockholm program was the impetus for European Commission to start the data protection reform in EU, particularly paying more attention for data protection regulation in the investigation and prosecution of crime. On the other hand, Council conclusions on the vision for European Forensic Science 2020 including the creation of a European Forensic Science Area and the development of forensic scienc...

Expropriation is a traditional and generally accepted way of property acquisition for the public benefit. In the Czech Republic, it is most often used for roads and energy infrastructure. It has recently been a favored tool for implementing measures to improve the environment and protect against natural disasters. Investors typically need several years to purchase or expropriate all the land required. This slows down the construction process. Every year of delay means a cost increase of approximately 5 %. My paper...

State aid for rescue and restructuring of companies in difficulty causes a significant distortion of market competition. Financed by taxpayers'money and in a sensitive era of EU economy getting back at its feet, state aid to companies facing difficulties called for additional ex ante control and filters to be applied. Thus, the European Commission introduced new Guidelines looking into more strict assessments of cases where rescue or restructuring aid is awarded. In addition, the burden must be shared between the ...

In the process of interaction of the legal systems of the present it is necessary to take into account the processes of globalization that take place. At the same time, one should not miss that the principles of universalization and pluralization, which dictate the necessity of clear idea of the specific character of each culture as well as their deep commonness, should be assumed as a basis of interaction of the legal systems.

At present the issues of security enforcement have become urgent in many countries. The modern tendencies connected with constant increase of safety risks just prove it. The national problem of security enforcement must be solved, inter alia, through the measures of criminal law regulation. Meanwhile, systematic and integrated study of the issues of criminal law security enforcement can elaborate practical guidelines for lawmakers on improving current criminal legislation. The purpose of the paper is to carry out ...

The fundamental changes in fight against crime policy by choosing forensic science as a strategic tool in this fight are currently undergoing in European Union (EU). Hence, every Member State has specific system of forensic science institutions, the unique conception of forensic science and different legal systems as well. Meanwhile, the vision for European Forensic Science 2020 is one page length abstract document, providing only the guidelines for creation of European Forensic Science Area and including a list o...

To ensure the public interests by performing public administration should be a purpose of public service performed by public servants of state and municipal institutions. Hence, effective and transparent implementation of public administration by each state and municipal institutions depends on human factor. As well as, the quality of work of this human factor depends on the fulfillment of its legitimate interests. But the conception, scope and content of principle of legitimate expectations in public service of t...

The article contains the results of the analysis of legal regulation of community participation in education management in the city of Moscow, it also formulates the proposals on the improvement of the legislation under study. The research was done on the basis of a complex approach and methodological pluralism. In the course of research more than 40 statutory acts of the city of Moscow were analyzed, they were grouped according to the purpose of enactment (acts, determining the principles of community participati...

In response to the recent dynamics of society development, European states have been considering the concept of settlement as an alternative means of criminal conflict resolution. This alternative is particularly important in the context of European Parliament and Council Directive 2012/29/ES (25 October 2012), which defines the rights of crime victims as well as minimum standarts of support and defence. Criminal procedure resolves certain types of conflicts. Article 1 of the Criminal Procedure Law (henceforth the...

The aim of the research undertaken by authors is to define the optimal way of interaction of civil society institutions and criminal proceedings in Russia. Its methodology included both the general scientific methods and the specific juridical methods of cognition. The main results of the research include new knowledge about the possibility to implement into the criminal proceedings the institutions which can exercise effective control over the course of the investigation, and to promote the administration of just...

The article is concerned with the problem of uncertain treatment of collaboration and cooperation strategies and complications connected with this approach. The key issue for this problem resolution is an ability to adequate recognition of conflicting parties interests and separation their interests from positions. To realize what is the level of analyses depth adequate to the particular situation is complicated. This is traditionally one of the most important and difficult issues not only for beginners in mediati...

The paper analyzes the Amendment of 328/2002 Coll. Act, the adoption of which had been planned for ten years. Up to 2013, the policemen and soldiers in their best active years were leaving for retirement pension and the state kept losing its skilled and highly active policemen and soldiers with long-term experience. The here discussed Amendment plans to deal with these unwished consequences. The paper therefore sums up changes in social security of policemen and soldiers in Slovak republic that are anchored in afo...

Illegal employment brings about negative social phenomena in relation to dependent activities of individuals performed under an employment relationship. Natural persons who work illegally are unable to bear their burden of producing evidence regarding their entitlement to wages and holidays, allowance for meals, as well as other entitlements under the relevant labour laws. The purpose of the paper is to present the legislation related to illegal work and illegal employment in the Slovak Republic which is the key i...

The paper discusses the questions related to the establishment and functions of programs of political parties. It also reveals a general problem of these programs of the parties, which are represented in the State Duma of the Russian Federation. The result of the study is an idea to change the regulatory requirements imposed on the programs of political parties of the existing legislation in Russia.

The purpose of the paper is to point at the chosen problems which must be dealt with by the society when regulating the acceptance of information in connection with the protection of humanity and human dignity, mainly with the emphasis on the harmonic development of juveniles. Topic of the paper, which is anchored in the area of administrative law , offers the distinctive overlaps to the area of constitutional or family law and directs to multidisciplinary or international law research of the issue, concept and le...

The article is an attempt to assess the status of the institute of administrative penalties in Ukraine from the point of view of effectiveness and appropriateness of its existence in the legal system. Based on the analysis of the basic provisions of the Ukrainian legislation concerning the application of the administrative penalties and the relevant statistical data, it was made the conclusion about the significant contradiction of the institute of the administrative penalties and the needs of the social developme...

The article addresses the issue of homes for the elderly, i.e. one of the types of social care facilities in the Czech Republic. The theme of social security for seniors and the role of institutional care in the form of homes for the elderly is a very topical issue, particularly with regard to increasing human age and the associated on-going aging of the population. Demographic aging means a change in the demographic composition of the population in terms of the aging of the entire human population. The solution i...

The aim of the article is to study the problem of determining the role of an international treaty to regulate interstate relations in the field of environmental protection. The basis of the study of the whole range of the international legal rules governing the issue of environmental protection, and their ability to solve their tasks and their compliance with current requirements and needs of the international community and in this regard the development of new proposals and recommendations for their improvement. ...

In the current Romanian Civil Code, the prescription is not defined, but only its object. Thus, it is established that the right to claim is extinguished by prescription, if it is not exercised within the term given by law. It is that right which constrains a person, by using public force, to perform a certain action, to observe a certain juridical fact or to bear a sanction of a civil nature. Therefore, the prescription may be defined as a civil sanction, which limits the substantive right to court proceeding if ...

Dignity at work is, above all, a fundamental principle of the juridical labour relations, which has to be analyzed in close relation with the principle of the respect for private life, another fundamental principal of human rights. In this context, the present paper analyzes the dispute between the employer's right to surveillance of employee's activities, during the working hours, mainly through the use of information and the right of the employee to enjoy the protection of his private life. Also, this dispute mu...

In this paper, the authors present a legal-historical analysis of conflicts and their solutions in Bohemia during the reign of the Přemyslid dynasty. It takes into account the methodological incentives which were introduced to the legal medieval studies by a so-called “performative turn” that helped to direct the interest of social science to the typical forms, symbolic contents and social functions of human behaviour. As opposed to the existing research tradition which aims at the political and power-related...

The article focuses on one of the basic questions when concluding a contract on the discount website – what is the nature of the legal relationship, i.e. which party actually enters into a binding agreement with the consumer and thus accepts the obligations specified therein. The consumer buys vouchers at the discount website run by operators who are in a legal relationship with the merchant. The discount website operator receives the money from the consumer, keeps a certain amount as a provision and the outstan...

Reforming of public relations, occurring in Latvian requires the improvement of all laws, including criminal procedure law. Since the 1st of October 2005 in Latvia is in force the criminal procedure law (hereinafter criminal procedure law – CPL) which reformed the previously existing criminal procedure laws and introduced the new ones. The Article 1 of CPL defines the goal of CPL which consists in the establishment of such an order of the criminal procedure which ensures the effective use of rules of criminal la...

The problem of orphan works is one of the main issues in modern copyright law (or we should say droit d'auteur because law of Continental Europe is much more concentrated on an author and his/her rights than on the problem of copying). Works labeled as orphan cannot be popularized because they are protected by law for seventy years from the moment of an author's death. The problem is that we do not know who the author is or what happened to him/her, if s/he is alive or not or who the heir apparents are and we cann...

The Directive 2005/60/EC and the FATF Recommendations prescribe and drive performance and assignment of specific tasks and duties for the non-financial sector professionals in the anti-money laundering system. The scope of their activities is limited to financial transactions, bounded by professional confidentiality; where the obligation to report suspicious activity is legislatively restricted to their core business. The low number of reported suspicious transactions by the non-financial sector professionals, as ...

The main sources of the Russian legislation in the field of waste management have been analyzed. The principles of the state policy in the field of waste management have been identified. On the basis of the specific features of the interaction between territorial environmental authorities and natural resource users, the author proposes a mechanism which makes it possible to systemize the basic legal regulations for hazardous waste handling at an enterprise. The practices of waste management in the USSR, as well as...

In the current Romanian legislation, more specifically after the entry into force of the Civil Code on October 1, 2011, the notions of professional and enterprise become particularly important. This importance derives from the fact that the very notion of merchant is part of the larger sphere of the notion of professional. Also, the Civil Code renounces at the notion of merchant within the meaning of the Commercial Code, which had been repealed, but uses the professional, as subject of business relationships. Also...

Working conditions are permanently changing across all European countries, and this is mainly due to the development of technology. It is well-known that nowadays workplaces and work practices go through constant changes under the influence of new technology and of shifting economic and social conditions. Given the great variations that are registered from year to year in the very same member state, the harmonisation of the working conditions at the level of the European Union seems to be an objective almost impos...

Cooperation among ASEAN members at work bears the stamp of a special Asian civilizational approach to international law. For the regional community ASEAN is important to combine the ideal and optimal, legal and social values and practices that will help protect the interests and rights of workers, including migrant workers. Feature of the international legal regulation of labour within ASEAN is predominantly extra-contractual nature of the adopted acts, whether the ASEAN Declaration on the Protection and Promotion...

From among all the possible forms of establishing employment relationship only the indefinite-term employment contract guarantees the employee the widest scope of protection as regards the permanence of the employment relationship. Challenges of the contemporary labour market cause increasing popularity of the untypical forms of employment. The fixed term employment contracts may in certain cases meet the needs of both parties in the employment relationship. On the other hand in practice they are often overused by...

The present article is devoted conflicts western and non-western legal cultures and to possible ways of their overcoming. This research is possible with application of following methods: compare-legal approach, a history-legal method and synergetic approach.

We would have expected perhaps that the surprising statement made in 1997 by a French author, H. Le Nabasque - who, quite directly, did not hesitate to say that «the European company law is not a right of mobility of companies» – to become today an outdated paradox. And yet, while the right of secondary establishment (externalized through the companies'prerogative to establish subsidiaries, branches, agencies on the territory of Member States - other than the State of origin) became a real benefit of the inter...

In 2009, Malaysia lost the case of Salvors Sdn Bhd v. Malaysia, which resulted from a dispute over an investment agreement between Malaysia and the investor, a company owned and controlled by a British citizen. The investment agreement was to locate and salvage the wreck of the ship Diana off the coast of Melaka, a state of Malaysia. The dispute arose over the investor's additional claim of RM400,000, which the various Government departments refused to entertain. The matter was first taken to ad hoc arbitration, w...

Reexamination is an extraordinary remedy rooted in a long tradition of the Romanian procedural law, being acknowledged even before the issue of the 1865 Civil Procedure Code. This procedure was inspired from the Genovese and French laws, where reexamination was known under the name requete civile since 1667. This means of appeal is not specific to Romanian legislation, being used in other procedural rules, but it may be compared mostly to the French procedure. The paper focuses on how the procedure is regulated in...

With the accession of Romania and Bulgaria to the European Union, a number of EU Council regulations take precedence over the national law and they have direct and immediate applicability in the trials that the courts are judging from these two countries. Creating an area of freedom, security and justice in which it is insured the free movement of persons is an objective of the European Union, and for that, in the domain of judicial cooperation in civil matters, each state has taken legislative measures. Our study...

In this article the Author studies the fundamental components of the European legal y social consciousness, which formed the European identity and civilization in the Middle Ages. The object of the research is the legal sphere of the social consciousness from the point of view of legal psychology, history of law, theory of law and from the point of view of the social sciences and humanities. Therefore, the Author applies some interdisciplinary methods. The studied components of the legal consciousness in the resea...

The article analysis the procedural powers of the prosecutor at the stage of checking the received information about the crime. The analysis has been carried out taking into account the latest amendments in the Criminal Procedure Code of the Russian Federation, affecting the procedural status of the prosecutor at the initial stage of the criminal procedure, i.e. at the stage of criminal case initiation. The author examined three areas of prosecutor's supervision at this stage of investigation: prevention, detectio...

This article discusses issues related to the interdisciplinary research in law. In particular, the article focuses on interdisciplinary challenges related to research methods and concepts developed in economic science and used by company law scholars. In the scholarship of company law it has become traditional to combine comparative method (the main purpose of which is to compare the laws of different countries) and company law theory (explaining or providing arguments why certain relationships should be regulated...