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In terms of legal theory, Ukraine, as the main structural element of the political system, carries out the state policy the aim of which is provided in the Constitution of Ukraine. This policy is demonstrated in different directions, defining the main objectives and content of the state activity in all areas of public relations. One of the structural elements of the state policy is legal policy, the main task of which is to create an effective system of social relations regulation by legal means. Depending on its ...

The article is devoted to the problems of correlation between International Humanitari-an Law and International Human Rights Law, mainly to investigation of two viewpoints on the issue. International Humanitarian Law and International Human Rights Law are by themselves two different but mutually complementary branches of International Pub-lic Law. Both are aimed at ensuring protection life, health and human dignity. Whereas International Humanitarian Law is implemented solely in situations of armed conflicts, Inte...

The contribution will focuse on the most controversial issues in the mechanism of human rights protection at the level of the EU and their current reflections in the time of crises, including the proposals de lege ferenda. The key part of the paper will be dedicated to the issues of the judicial enforcement of the provisions of the Charter reflecting the fact that this Union´s catalogue of human rights does not bring its own control mechanism in the form of the special procedure (on the contrary to the European Co...

The scientific purpose of the research is, first of all, an analysis of currently in force and previously in force provisions of Polish law, aiming at identifying and pointing out the amendments, which took place in the Polish legal system with regard to an institution of public-private partnership agreement, and thus to show the evolution of the institution of this agreement. Passing an Act of 19 December 2008 concerning public-private partnership (Journal of Laws of 2015, item 696, with amendments) a legislator ...

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...

The article is devoted to the issues of constitutional goals definition and constitutional values in the sphere of public power organization in modern Russia. The authors note the special role and importance of the Constitutional Court of the Russian Federation in determining constitutional goals and values and reflect on how effectively the Constitutional Court manages the mission of the determinant of goals and the creator of values. Also, the authors tried to understand the issues, including: the necessity and ...

The purpose of research - analysis of the concept of "health protection " in the Russian and international laws and regulations from the standpoint of compliance with the fundamental concepts of the law in the field of human health. The study authors was based on formal legal (normative-dogmatic) method, comparison method, logical method, the method of induction and generalization. In addition to these methods, as a specific research methods used linguistic interpretation, as well as studying the etymology of the ...

The Constitutional Court of the Republic of Macedonia in the process of decision making, regularly bases its decisions on the constitutional principles of separation of powers, rule of law, equality and non-discrimination, free elections and political pluralism, human rights and freedoms, freedom of the market, humanism, social justice and solidarity, as well as other principles. These principles are explicitly laid down in the Constitution of the Republic of Macedonia as the fundamental values of the constitution...

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“) No....

The contribution of the author deals with the topic of presumption of innocence in the means of Slovak criminal law. The author indicates the sources of law in Slovak legal system which includes the principle of presumption of innocence. The principle of presumption of innocence is one of the most important principles applied in the Slovak criminal proceedings. The first chapter further analyses the principle of presumption of innocence in the Slovak legal system, by analyzing its content and nature, the procedura...

The paper aims to analyse the sole trader (Rom., persoana fizica autorizata or P.F.A.) from the Romanian law perspective, by focusing on the characteristics of this legal institution, the liability for performing economic activities under this form, as well as certain implied practical and fiscal issues. The Romanian legislation has suffered serious amendments in the last period as it is the case of the Romanian Civil Code, which has been amended in year 2011. The legal provisions on the sole trader have been also...

The scope of this study is the problem of universality and conventionality of human and civil rights. This institute is legislatively recognized in almost all modern legal systems. The shared values are the values that define the position of the individual in society - freedom, equality, justice. But representatives of each civilization have their own world view that affects the interpretation of these categories. It is no accident that the adoption of universal international acts on human rights is accompanied by...

Data shows an increasing number of children and youth growing up in a family atmosphere burdened with parental conflicts. Hostility in relationships between parents often spills over into the parent-child relationship. This paper will present the results of quantitative research which was focused on correlations between children's perception of parental conflicts, and the quality of the parents' marriage, and the experience of parental acceptance-rejection during childhood. The survey included 468 students of the ...

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...

According to the European Space Agency statistics posted on July 2013, the orbit contains a curious number of debris. Specifically, there are more than 170 million debris smaller than 1 cm (0.4 in), and about 670,000 debris ranging between 1 and 10 cm. Further, around 29,000 larger debris were estimated to be in orbit. Figures from the U.S Strategic Command drafted report indicate that in the Earth’s orbit, there are 17,852 artificial objects, including 1,419 operational satellites. Due to the fact that we can cou...

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...

Initially, only states were capable of running space programs. The period of rivalry between the greatest powers after World War 2 brought the dynamics of space exploration and the improvement of space technologies. During the cold war period, USA and the USSR were concerned that the other states could gain an advantage by sending armaments of mass restriction and conventional weapons to the orbit. In 1969, the first human landed on the Moon and stuck a US flag on its surface. Denis Tito flew in space in 2001 as a...

Corruption is one of the biggest challenges of the time, a worrying phenomenon for the whole society, therefore society most oppose it by trying in various ways to prevent it. Corruption as a great evil, today is present in all societies in all its forms, certainly in some countries is more extended and in some other less extended. Corruption is one of the heaviest forms as a prevalent appearance in modern societies and unfortunately, some forms of the corruption have become an everyday concern in our country. Cor...

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 m...

According to the Constitution of the Republic of Macedonia, the Parliament of the Republic of Macedonia is a representative body of the citizens and the legislative power of the Republic is vested in it. The organization and functioning of the Parliament are regulated by the Constitution and by the Rules of Procedure. As a representative body, the Parliament decides on behalf of the citizens based on the will of the electoral body and of the trust during the time of its mandate, therefore, the Parliament is a lega...

The aim of the article is the fulfillment of the comparative legal analysis of the property rights protection in the civil law of the Republic of Kazakhstan and countries of the European Union. The research is based on the spectrum of the civil legal provisions, which regulate the issue of the property rights protection in the civil law of Germany, France and the Republic of Kazakhstan, their compliance with the current requirements and the ability to meet the challenges of time and thereby the development of the ...

The article is devoted to the issues of personal data regulation in the Russian Federation. Indeed, protection of personal data of an employee occupies an important place in the legislation and judicial practice of the Russian Federation. The author analyses a number of legal acts, as well as certain judicial practice relating to storage, processing and transfer of personal data of an employee. The author emphasizes that on the basis of the judicial practice the criterion of excessiveness in respect of transfer of...

Division of power as a base principle of construction of state power is a major precondition for establishment and construction of democratic and functional states in accordance with international acquitted standards and practices. The last political and institutional crisis in RM reveals serious flaws in functioning of justice system, as corruption, politization, scope of judicial institutions from politics, etc., but above all the loss of citizens’ faith. The rule of law, democracy and respect for human rights a...

The Czech Republic has not yet ratified or acceded to the Convention of the International Labor Organization (hereinafter referred to as "ILO") No. 189 on Foreign Workers. In the vote on the adoption of the Convention in 2011, the vote was abstained and, on the basis of the Czech Government's failure to ratify, the Senate Senate on Health and Social Policy of the Senate of the Czech Parliament on 8 August 2012 decided that the Czech Republic would not join the ratification of the Workers' In a foreign household. T...

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...

A series of big scandals from 1990s has drawn attention to the corporate sector and has brought about questions regarding the quality of the legislative scope of corporate governance. Apart from the active role of corporate governance as the key factor in protecting companies from corporate crime, particularly on the microeconomic level, its contribution on the macroeconomic level is also not negligible in terms of its impact on the effects of illegal business operations through the implementation of money launder...

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...

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 client’s request to be classified in a certain category is autom...

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...

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 wasn’t contradiction or alternative nature between the two 'families', but the second ‘family’ (economic rights and social rights) was practical phase of the first ‘family’. Nowadays, it is only possible to ‘bear’ the rights of freedom, as an expression of enhancement of individual prerogatives, the one and only dimension of global...

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...

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 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...

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...

European countries support their national economies and entrepreneurs in various ways. Goals include GDP growth, employment growth, and the development of public services. The article focuses on the various types of state aid. The states are limited by the regulations of the European Union: under Article 107 (1) TFEU, state aid is incompatible with the internal market and is therefore generally prohibited. An exemption from the prohibition may be granted on the basis of block exemptions or the decision of the Euro...

The Romanian criminal law confers a much broader significance on the notion of civil servant than the law of administrative contentious. By virtue of these regulations, some categories of public officials, under certain conditions, if they do certain things, will not be criminally liable for corruption or service offenses. In the present paper, we propose to analyze the different categories of civil servants and the way in which they are criminally responsible for the acts of corruption. We will carry out a legisl...

In the scientific study, author discusses recognition as a forensic method, which in terms of criminal law also constitutes an important procedural step. Scientific study is one of the outcomes of the research project registered by the Academy of the Police Force in Bratislava under the number 167, entitled "Implementing the recognition in the police practice". The research was conducted from 2012 and it was completed in 2016. The collection of empirical material was done by using a structured questionnaire and th...

The scientific purpose of the research is, first of all, the analysis of Polish legal provisions aiming to determine whether the institution of public-private partnership, regulated by these provisions – as one of contemporary applied method of performing of public tasks – affects the efficiency, effectiveness and speed of public administration tasks, including the tasks of local government units. The Polish Act of 28 July 2005 concerning public-private partnership (Journal of Laws of 2005, item 169, with amendmen...

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...

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 parents‘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 fundamental...

Since the 2008 global financial crisis, there has been a wave of sovereign debt defaults and restructurings in different countries around the Globe. More than 10 countries have defaulted and restructured their sovereign debt with private creditors, including Greece, which in 2012 had the largest sovereign debt restructuring in history; also Argentina defaulted in 2014 and reached a settlement with creditors in April 2016. General Assembly of the United Nations adopted resolution “Towards the establishment of a mul...

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. ...

The principle of separation of powers, explained more simply, means that the three basic functions (activities) of the state need to have different bodies: the one who approves the law should not judge and govern, and vice versa, thus, the one who judges must not approve the law or the one ruling should not judge. Each function must have its own particular organs, they must not all join in the hands of a man or a body. Among the fundamental values of the constitutional order of the Republic of Macedonia exhibited ...

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...

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 lega...

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 i...

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 ...

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...

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 ...

The nowadays Europe appears to us as a scenery reflecting, in other images, the history of a continent revolved by attempts, disputes, challenges for the exceeding of which is necessary finding, every time other solutions, the aimed finality being every time the same, security and peace on continent. The history has reflected the necessity of an international alliance between states, the fundamental aim being to ensure stability on a regional and continental level, as well as the fact that alliances created by mil...