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Administrative authorities and autonomous administrative authorities are public institutions included in the administrative system of the state. Each of these two types of authorities aim at enforcing laws and ensuring the proper development of the social environment. Administrative and autonomous administrative authorities have a joint purpose; however, they are different through various elements that reflect their very essence. From a time-related perspective, autonomous administrative authorities are legal enti...

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 doesnВ’t imply the judicial procedu...

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...

The change of party to the dispute presents an institute that allows one party (either a plaintiff or a defendant) to withdraw from the proceedings in the course of civil litigation, whereas someone else is thereby allowed to enter into the proceedings and replace the former party. For a court to permit the change of party, though, a legal regulation requires that a legal fact, resulting in the transfer or assignment of rights or duties that constitute the cause of action, occurs only after the commencement of the...

In economic relations, the equality of the parties is purely of formal nature at times, especially in the case of entering into the legal relationship with a professional whose capital and information position is implicitly stronger than the position of a non-professional contractual partner. When offering goods and services to the consumers, the entrepreneurs are encumbered with many domestic or supranational duties (for example obligation to provide information). However, the practical examples prove that the co...

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 institutionsВ’ 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 betw...

Games on chance make important part of the free movement of services within the European Union (hereinafter: EU) internal Market. Due to the development of technology, the online gambling is a fast developing activity in Europe. Since this activity can be provided by the Internet the market of the gambling industry practically doesn’t have physical limits. Different kinds of gambling services often operate across borders and can also operate outside the control of individual EU countries’ national authorities. ...

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...

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...

Judiciary represents the only way for settling all kinds of disputes in a modern state. The ability of judiciary to settle disputes in a reasonable and acceptable time has become endangered owing to the complication in ways of life and the increasing and overlapped disputes. Consequently, the problem of slow pace of litigation and that of inefficiency of judgments have arisen. These two phenomena are too dangerous and threaten justice. Further; they strip the right of litigation guaranteed by constitution of its v...

Rule of law has been designed as a construction mainly aiming at observing the rights and freedoms of individuals, by protecting them and ensuring general balance where everyone obeys state law and no one is above the law. The amount of legislation, the political power interested in satisfying its own interests, which are frequently in opposition with the general interests of individuals, the shaping of the various groups of interests that try to impose their own will, are harmful factor that endanger the very exi...

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...

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...

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...

For some kinds of users, the map is not only the possibility but also the necessity; among these belong people with visual impairments, for which, however, the conventional map is insufficient. The tactile cartography is a part of cartographic science that deals with the creation of maps, plans, globes and other geovisualization products specially made for the perception by touch. Tactile cartography has to significantly simplify the presented reality with regard to the possibility of recognizing symbols on the ma...

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 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 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 custom...

Mediation is one of the means of the alternative dispute resolution methods with the participation of one or more mediators who support communication between the parties to the conflict in order to help them reach a friendly solution to their conflict by concluding a mediation agreement. The mediator therefore does not enforce the resolutions, he does not decide the dispute between the parties, because mediation assumes that the parties are able to solve the conflict themselves and are able to judge their individu...

The article is devoted to legal aspects of the Children's Environmental Parliament ac-tivity as of a special form of extracurricular education in Ukraine. Basing on the analy-sis of legislation as well as methodological and other documentation the author analyzes and specifies legal forms of the Children's Environmental Parliament activity. Such forms determine its special place in system of extracurricular environmental and natu-ralistic education. Considering progressive achievements of the Ukrainian environment...

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) comes into force on 25th May 2018. This regulation exchanges the present Act No. 101/2000 Coll. on personal data protection in the Czech Republic and implements totally new rules for this issue in the EU member states. The aim of the article is to apply the selected provisions GDPR regulations to a di...

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

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

Space law is a branch of international law, and the five major treaties that oblige States to implement space law in their national legal order have many stipulations. Most states have now initiated Acts which regulate space laws, space strategies and space policies. The UN countries can be divided into three groups; states that fully implemented international space law in their domestic legislation, states that partly implemented these norms and those who have not legislated space law or this legislation is other...

This article deals with employee holiday. Holiday is a time of relax, by which the right of employees to longer leave of absence within the calendar year is realized. The right to annual holiday with pay is one of the basic social rights of employees; this right is guaranteed by international as well as Czech legal regulation together with the right to just conditions of work. The aim of this article is to define employee holiday and its fundamental principles according to the Czech legal regulation and point out ...

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

At first, the article concentrates on the rules defined for fiscal policy and public finance in general and then deals with concrete cases. Fiscal policy is implemented by the government, respectively Ministry of Finance through public budgets, especially the state budget. Fiscal policy, however, is burdened by direct political influence compared to, for example, monetary policy. The article analyzes the situation in the Czech Republic and examines how the rules should be defined and embedded in legal documents in...

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

The paper is devoted to the issues of forms of participation of commune residents in making decisions on matters concerning their local self-government community. The analysis included legal solutions guaranteeing members of self-government communities participation in the process of establishing local law and its application. The regulations in force determine the forms of participation of commune residents in making decisions. The characteristics of these forms were preceded by their classification allowing for ...

Article 12 of the UN Convention on the Rights of Persons with Disabilities as one of the core articles of this first comprehensive human rights instrument of the 21st century sets equality before the law as a basic general principle of human rights protection affirming that all persons with disabilities have full legal capacity in all aspects of life on an equal basis with others. Implementation of this regulation in national legal capacity laws represents a challengeable task for state parties. Namely, the Commit...

Judicial inquiry process, an important place belongs to a predictive function, socio-legal processes and phenomena development trends to predict. Criminology as legal science subsector is particularly characterized prognostic methods of providing the overall crime situation, a separate offense and shape changes. Law enforcement authorities should be prepared to respond to the criminogenic situation and the process of change. We would like to believe not to experience the to-morrowВ’s criminal grimaces, and more th...

It is presumed that a judgement that has come to legal force cannot be appealed and that such a judgment should be regarded as a final ruling in the case, however, under certain legal circumstances, called as newly disclosed circumstances, it is possible to restore criminal proceedings. When restoring criminal proceedings due to new circumstances, the right of individuals is guaranteed to the protection of a fair trial and a fair final ruling. The aim of the article is to investigate what circumstances can serve a...

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

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

The article is devoted to the complex consideration of the problem of health protection as one of the most important directions of the social policy of the modern state. Noting the social orientation of the majority of democratic states, the authors point to the inextricable link between the notions of social assistance and health protection. This conclusion they draw on the basis of analysis of international and domestic legal acts. In the study of the question of the place and role of health in the structure of ...

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

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

In modern times, paying taxes is deemed an indisputable fact. However, the development of the fiscal state has not abolished disputes over taxation nature and its fairness. While it is generally agreed that taxes should be paid, there is still an issue regarding how high tax rates should be. The key issue is to determine the critical shifting point for taxation targets: from settling public expenditures to confiscation of an individualВ’s property and, potentially, the punitive role of tax. The problem should be a...

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

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

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

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

Intra party democracy is of great importance for political parties worldwide for many reasons, perhaps one of the main significant one having to do with their capacities to build functional democracies in the contemporary world. There is a sufficient body of theoretical knowledge on intra party democracy in general. Besides this, much has been researched on intra party democracy around the world, but when it comes to the Republic of Macedonia researchers have barely “screeched the surface” of such a complex is...

The Romanian Civil Code entered into force in 2011 has stipulated, inter alia, a unified regulation of the private law, in line with the similar provisions of European law. Although it represents the common law in matters related to companies, the legal provisions governing in detail the companies are found in the Companies Law. Thus, these provisions lay down the types of companies, as well as their functioning and management. The joint stock company may be managed differently, either in the unitary system or the...

In this paper the author deals with the practical analysis of the relationship between Administrative Law and Criminal Law and, on the other hand, between the Administrative Procedure and the Criminal Procedure within the legal system of the Republic of Macedonia. Although, Criminal Law and Administrative Law are fundamentally different from each other, according to the object and the manner of regulation, since Criminal Law includes legal norms that refer to criminal offense, the perpetrator, criminal liability, ...

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

The article is focused on the Labeo’s conflicting theory about ownership to newly created island in a river stream and detects its reasoning, aims and philosophical sources of inspiration. A question of insula in flumine nata represents traditional issue of the Roman law things. Such island was considered to belong to private individual(s) who owns the nearest shores of river by most of the sources. However, there is one fragment of Labeo (D 41,1,65,4) which states that such island should belong to public. The r...

In this paper the author deals with the legal and practical analysis of the constitutional principle of presumption of innocence in the Republic of Macedonia. The presumption of innocence is a universally accepted human right that prohibits guilty plea to the accused. The presumption of innocence enables the accused to have an active role in the judicial process. It is the obligation of the public prosecutor to prove the guilty of the accused, not the obligation of the accused to prove his/her innocence. Only the ...

The goal of the criminal and procedural law of (Latvia) consists in the establishment of such an order of the criminal procedure, which provides the effective use of the norms of the Latvian criminal law and fair settlement of the criminal and procedural relations without undue interference in private life. For the achievement of appointment of the criminal procedure within a reasonable time, it is important for the person, directing the process, the investigator, the procurator, the judge to make legal and ground...

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