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Year: 2018Subject: SOCIAL SCIENCES: Section Law and Societyclear all
Showing 101-117 of 117 records
5th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2018
Publication

THE PRADIGM OF THE POSTCOMMUNIST CONSTITUTION

(STEF92 Technology, 2018, A. Balaban)

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Speaking of constitution nowadays, the communist approach, i.e. treating it as a unilateral act of state power defining the obligations of the citizens and undertaken with little public participation, must be rejected. Such a concept of a constitution, assumed, already at its adoption, that the citizens remain passive in the process of implementation and subsequent realisation of its ideas. Additionally, saturating the constitution with ideological elements gave it the nature of a political declaration. In contras...

SOCIAL SCIENCES: Section Law and Society2018
5th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2018
Publication

THE PRINCIPLES OF CIVIL PROCEDURES AND INSTRUMENTS FOR EFFICIENCY OF THE CASE HEARING. THE PROCEDURAL SANCTIONS.

(STEF92 Technology, 2018, K. Neimanek)

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The efficiency and time saving constantly are actual subjects of the civil procedures and for solutions of civil disputes. The civil procedural principles and procedural sanctions are those aspects which should ensure the efficiency of hearing of civil disputes in courts. The author of this article is civil rights lawyer and has of many years standing practice experience. This article analysis the procedural principles and instruments which one are stipulated in civil procedural law in Republic of Latvia and Repub...

SOCIAL SCIENCES: Section Law and Society2018
5th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2018
Publication

THE REORGANISATION PLAN IN INSOLVENCY PROCEEDINGS UNDER ROMANIAN LAW

(STEF92 Technology, 2018, C. Cojocaru)

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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...

SOCIAL SCIENCES: Section Law and Society2018
5th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2018
Publication

THE RIGHT FOR FREE LEGAL ASSISTANCE IN CRIMINAL PROCEEDINGS AS STATED IN THE INTERNATIONAL AND RUSSIAN LAW

(STEF92 Technology, 2018, I. Chebotareva, I. Revina)

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Poor people with unsecured position or low-income must always have opportunities to maintain their rights in courts of justice. The ability to use free legal assistance is particularly important for people under criminal prosecution. Criminal procedure is the sphere of state activity, which can cause maximum limitation of a human rights, and its results can influence the whole human life. International legal acts, both global and local fortify not only the right of suspected and accused person to use attorneyВ’s h...

SOCIAL SCIENCES: Section Law and Society2018
5th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2018
Publication

THE RIGHT ON USE OF NATIVE LANGUAGE IN THE NEW HUNGARIAN ACT ON CRIMINAL PROCEDURE

(STEF92 Technology, 2018, R. Bartko)

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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 h...

SOCIAL SCIENCES: Section Law and Society2018
5th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2018
Publication

THE ROLE AND IMPACT OF PARTICIPATORY INSTRUMENTS IN POLAND. DUSK OR DAWN OF DIRECT DEMOCRACY?

(STEF92 Technology, 2018, A. Rytel-Warzocha)

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Direct democracy as a concept of empowering citizens by enabling them to directly decide on matters of significant state importance became a very popular and catchy slogan in Poland, similarly to other Central and Eastern European countries, in the early 1990s when the process of constitutional transformation began. Direct democracy was perceived in this context as an instrument of legitimizing the activities of state authorities, such as, above all, the adoption of a new constitution. In Poland, not only the inst...

SOCIAL SCIENCES: Section Law and Society2018
5th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2018
Publication

THE ROLE OF A PROFESSIONAL JUDGE IN A COURT INVOLVING A PEOPLEВ’S ELEMENT IN WORLD PRACTICE

(STEF92 Technology, 2018, A. Kozyavin, D. Chistilina)

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The aim is to conduct a comparative legal research of the functioning of various forms of legal proceedings with the participation of the peopleВ’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 coun...

SOCIAL SCIENCES: Section Law and Society2018
5th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2018
Publication

THE ROLE OF INFORMATION TECHNOLOGIES IN THE LABOR LAW OF THE RUSSIAN FEDERATION

(STEF92 Technology, 2018, M. Vasilyev)

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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...

SOCIAL SCIENCES: Section Law and Society2018
5th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2018
Publication

THE ROLE OF THE UNITED NATIONS IN FIGHT AGAINST TERRORISM: A LEGAL CONTEXT

(STEF92 Technology, 2018, B. Nuhija)

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Terrorism is one of the greatest threats of modern times. Following September 11, it has especially imposed great fear and concern around the world. This paper will discuss the fight against terrorism by the world's largest organization, the United Nations, as the fight against this phenomenon has not proved successful by states individually. The fight against terrorism by the UN will be addressed by dealing with legal aspects including international legal mechanisms and instruments to combat terrorism. Additional...

SOCIAL SCIENCES: Section Law and Society2018
5th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2018
Publication

THE ROLE, TYPES, PRINCIPLES AND PROCEDURES OF DEMOCRATIC ELECTIONS

(STEF92 Technology, 2018, Z. Elezi)

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There is no democratic system without free, general and fair elections. The sovereignty of the people in democracy is achieved through its participation in political decision-making and the right to choose democratic institutions, which are entrusted with the mandate to govern the country. Elections are the essence of democracy or the means by which it functions. Democracy in all its forms is based on the electoral system, which creates the governing structure of a country, assures the participation of citizens in...

SOCIAL SCIENCES: Section Law and Society2018
5th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2018
Publication

THE SEQUENTIAL ORGANISATION OF THE ROMANIAN WITNESS EXAMINATION: THE CASE OF POST-EXPANSIONS

(STEF92 Technology, 2018, M A. Farcasiu)

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This paper looks at the sequences found in the Romanian witness examination, and more specifically at the post turns following an adjacency pair. The speech event of witness examination is coherently organised in the form of minimal, two-turn adjacency pair sequences of questions and answers. Therefore, the adjacency pair is the basic unit of the sequential organisation, made up of a first pair part and a second pair part, a question and an answer in this case. Turns in a conversation are not single utterances, bu...

SOCIAL SCIENCES: Section Law and Society2018
5th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2018
Publication

THE SETTING-UP OF THE DNA DATABASE IN ITALY: CRIMINAL AND PROCEDURAL FINDINGS

(STEF92 Technology, 2018, E. Galli)

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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 ...

SOCIAL SCIENCES: Section Law and Society2018
5th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2018
Publication

THE SIGNIFICANCE OF THE PROSECUTION IN THE CRIMINAL PROCEDURE OF LATVIA

(STEF92 Technology, 2018, M. Sumbarova)

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The improvement of the procedural guarantees of the inviolability of the person in the criminal procedure of Latvia in involving person as accused is associated with the further change of the legal regulation of issues, related to the determination of the grounds and after taking a decision, concerning the involvement as accused and lodging of charges, as well as the rights and obligations of the accused. Without lodging of charges, without the availability of persons in the criminal procedure, in respect of whom ...

SOCIAL SCIENCES: Section Law and Society2018
5th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2018
Publication

THE STATE OF FREEDOM OF RELIGION IN THE CONTEXT OF SCIENTIFIC INNOVATION AND INTERNATIONAL LAW IN THE 21ST CENTURY

(STEF92 Technology, 2018, G. Sebok)

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The direction I chose for my research applicable to 5th International Multidisciplinary Conference on Science and Arts considers the future of the freedom of religion especially in the modern world with the influence of scientific innovation. I am studying the relationship of religious law and public law. The international human rights regimes such as the UN Charter, Universal Declaration of Human Rights and the EU Charter on Fundamental Rights all call for equal human rights without discrimination based on race, ...

SOCIAL SCIENCES: Section Law and Society2018
5th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2018
Publication

THEORETICAL AND LEGAL FOUNDATIONS OF ANTI-JEWISH LEGISLATION ON THE TERRITORY OF BOHEMIA AND SLOVAKIA

(STEF92 Technology, 2018, P. Mosny, S. Siskovic)

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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...

SOCIAL SCIENCES: Section Law and Society2018
5th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2018
Publication

WAYS OF MODERNISING THE DIVIDED USE OF CO-OWNED REAL ESTATE

(STEF92 Technology, 2018, I. Kudeikina)

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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-ownerВ’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 possib...

SOCIAL SCIENCES: Section Law and Society2018
5th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2018
Publication

WITHDRAWAL FROM CONTRACT DUE TO FAILURE TO PAY PURCHASE PRICE

(STEF92 Technology, 2018, S. Ficova, R. Hnilica)

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According to В§ 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 ...

SOCIAL SCIENCES: Section Law and Society2018
Showing 101-117 of 117 records