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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 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 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 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 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...

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...

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...

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 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...

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...

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...

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...

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...

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...

This study deals with the role and place of social rights in the legal system of the first Czechoslovak Republic. The aim is to point out that the first Czechoslovak Republic did not adopt market economy right from the beginning of its formation. After the end of the First World War there was the gradual transition of the Czechoslovak war economy towards market economy. The milestone was the adoption of the Czechoslovak Constitution in 1921, which not only signalized the development of civil rights but also social...

Background: The members of statutory bodies of corporations are responsible for the damage caused by them personally and unlimitedly within the period of their function. Legal claims for compensation can be submitted by the company, shareholders, creditors, bankruptcy administrator or employees. The negative consequences of decision made by statutory body can occur even after longer period of time and can influence other subjects (e.g. husband, wife, heirs). Directors and officers liability insurance covers damage...

Religious rights and controversial approach to their provision and implementation will always be in the centre of discussions in all states including multiconfessional Russia. One of the points is connected with educational process. The most contradictory issues are talking about Muslim religion: on the one hand, there are multiple examples from judicial practice where the right of Muslim women to dress in accordance with their religious commitments meets no protection, on the other hand, there is the permission t...

Insolvency legislation reform in the country began back in 1997 when the new bankruptcy law was enacted and published in the “Official Gazette” in October 1997. It entered into force on 6 November 1997 and came into effect on 5 June 1998. With the enactment of this new law, the former “Law of Forced Settlement, Bankruptcy and Liquidation”, as state regulation, used after the breakup from Yugoslavia, was replaced and never used again. This 1998 law was amended three times: in July 2000, 2002 and 2004, and was stron...

The first period of Estonian independence lasted for 22 years, beginning in 1918. Starting from 1940, the Republic of Estonia was occupied by the Soviet Union for fifty years. Our case study examines the activities of Baptists in the Estonian parliament during this period from the viewpoint of ethics and sustainability. Content analysis was used as a qualitative research method. The content model is based on Talcott Parsons’ AGIL paradigm [1], which determines four imperatives for the continuity of social systems:...

Less than a year after re-codification of civil procedural law, the first amendment to civil procedure, the Civil Litigation Code, Act 160/2015 Z.z., has been passed. The amendment applies to the right of the party to act before a court using his/her native language or the language the party can understand. The presenters of the legislative proposal substantiated the need to amend the law by reasons of its harmonization with the existing rules of the European Charter for Regional and Minority Languages which is bi...

The paper explores the current challenges the international community faces in the context of migration crisis. The research follows comparative legal analysis standards and rests on the international legislation, national laws and legal administrative practices regarding the refugee child protection against exploitation and abuse in the countries that are part to the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. The paper aims to identify the issues that ...

This article highlights certain issues related to the multiple meaning of the term suspicious transaction and its complex nature. Following the basic international definitions of suspicious transactions, national legislations try to adjust them to domestic conditions. The results of selected legislative frameworks are presented through the statistical analysis of three Western European countries and the Republic of Croatia. The statistical analysis of the reversal which happened in suspicious transactions reportin...

The article is devoted to several approaches to understanding of the legal culture phenomenon. The object approach dominating in the domestic theory is inadequate, because it reduces legal culture only to knowledge of current legislation and law-abiding behavior. The author's approach reveals the underlying foundation of legal culture of the different social actors, which are the leading values - formal equality, freedom and justice.

The aim of this research paper is the study of legal status of the European company, reflection of preconditions for creating a new legal form of a company, which has a European origin, the identification of features of the legal regulation of its establishment and operating activities, as well as the analysis of the advantages and drawbacks of these legal entities, which define its effectiveness for large business and prospects. The methodological basis of the research is historical, comparative-legal, particular...

Russian law gradually begins to form legal norms in the field of tax mediation. Tax mediation is not recognized at the legislative level. For this reason, the question of the use of mediation for tax disputes deserves close consideration. At the present time in Russia the problems of application of procedures of mediation in tax dispute are frequently discussed. In modern conditions of formation of judicial practice on tax disputes the issue of pre-trial settlement of disputes acquires the increasing relevance. Th...

This research intends to investigate the origin of space tourism, as well as its legal framework. The first space Tourist was Denis Tito who is credited with being the first space tourist. He is a U.S citizen who worked for NASA – Jet Propulsion Laboratory. Despite being of American descent, his International Space Station trip was facilitated by the Russian Government through the Roscosmos State Corporation. Overall, the trip cost 20 million dollars. For over 40 years, only states had monopoly for activities in o...

This paper focuses on the judge-witness interaction in the Romanian courtroom, namely on the questioning and reformulating strategies used by the judge in the Romanian courtroom. In the Romanian courtoom (belonging to the inquisitorial system of justice), the judge is actively involved in determining the facts of the case, while the judge in an adversarial system is an impartial referee of the prosecution and defendant pleading their cases before a jury who determines the facts of the case. If judges have a passiv...

In banking market the guarantees by individuals for non-business purposes need an enforcement of consumer protection. Indeed, it could be really difficult to improve guarantor’s protection because European case-law admit a consumer protection only if the debtor under the principal contract does not qualify for consumer protection. The main aim of the paper is to demonstrate that the guarantor could benefit from consumer protection even if the guarantee related to a contract for the supply of goods or services to a...

The paper concentrates on the legal analysis of the independence of the Czech Central Bank. Central bank independence is a key precondition for the successful implementation of monetary policy and hence for sustainable non-inflationary economic growth. Independence protects the central bank primarily against any political pressure to adopt measures to boost short-term economic growth. The term "independence" is not explicitly expressed in Czech legal documents (the Constitution of the Czech Republic and the Czech ...

The authors suggest that the development of civil society as well as of information technologies are objective factors that influence the content of the legislation of any modern state. From this perspective, they evaluate the system of financial control (supervision, audit) in the Russian Federation and the quality of its legal regulation. To determine the specifics of the legislative regulation of financial control, a comparative legal analysis of regulatory legal acts of the Russian Federation and of a number o...

Currently, the imminence of the primary regulation of social relations in very varied fields makes it almost impossible for Parliament to intervene timely, which makes use of legislative delegation. Thus, not only the inefficiency, but also the inopportunity of Parliament's legislative activity are among the arguments put forward to empower the Government to issue ordinances, through which Parliament tries to transfer part of its responsibility to social issues to the Government. Legislative delegation is a living...

New technologies and possibilities of simultaneous processing of large quantities of personal data are developing both in science and the economy. However, collecting and processing personal data opens up a whole range of issues and controversies. The European Union has also recognized the importance of this issue and has implemented a reform of personal data protection through a new instrument aimed at ensuring the protection of the rights and fundamental freedoms of individuals with regard to the processing of t...

In the Slovak Republic divided views have persisted for several years as to whether a court executor may create a lien on immovable property in favor of the entitled party to secure the party’s monetary debt claimed in the execution proceedings, and subsequently sell the obligated party’s encumbered property without consent of the preferred lien creditor (i.e. the creditor in whose favor the lien has been created on the obligated party’s immovable property earlier). According to one view, relying on statutory inte...