Browse

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...

Despite Poland’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 ...

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...

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...

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 present article shall be devoted to the analysis of the regulation on the resolution of sports related disputes by the United States Olympic Committee (hereinafter referred to as “the USOC”). The research is made in the frames of the author’s doctoral study on alternative disputes resolution methods for resolving sports related disputes. The research is based on empirical-analytical group of the research methodology. The following sections shall be presented: the introduction; the role and functions of the USO...

The main aim of the article is to study and analyze the theoretical and practical issues of the trust essence, including the Continental law system countries, and what future development could be in Latvia taking into the account practice of the another European countries. Within the process of the research Latvian and foreign legal acts were analyzed, case – law were used and literature in Latvian, English, Russian, German, French and some other languages were looked through. There are used comparative, historica...

In the doctrine and judicial practice, it has been stated that the performance of the obligations stipulated in synallagmatic contracts must be made simultaneously by both parties. Therefore, the refusal of one of the contracting parties to perform its own obligations breaks the balance that must exist between the reciprocal performances of synallagmatic contracts so that the other party is also entitled to cease performing its own obligations. Thus, the exception of non-performance consists in the possibility for...

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 numerous international and national documents, the protection of human life is grounded with the utmost gravity and authority. An individual´s right for health is protected and prioritized in all modern national legal systems as a fundamental human right. The paper critically reviews the content of safety when providing health care. Security is of high value to society and individuals. Insuring safety and security entails providing stable institutional framework by which individual needs can be met. The paper p...

The legal contractual obligations in comparative law have been regulated in various demeanours. A unified regulation system prevails, upon which both, commercial contracts and civil contracts are regulated by a unified normative legal act. This concept prevails in modern legislation due to the increasing dynamics of movement of goods and services, and it has allowed for the infiltration of numerous civil law rules into the commercial law therein. Contracts, being specific agreements provide for movement of goods a...

The article offers an analysis of (legal) custom within Roman law and describes its different roles and functions. A customary law represents the oldest formal sources of law in human history. It was created by conduct of people who believed that they are obliged to follow rules created by repetitive continual action. It was dominant form of law in the archaic period of Roman law, but some of its remnants were persevered during whole existence of Roman Empire and beyond. The research is based on textual and histor...

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...

Slander is one of four offences codified in Chapter XXVII of the Polish Criminal Code – ‘Offences against Honour and Personal Inviolability’ in Article 212. This is one of the few crimes where prosecution is initiated by private motion. The aggrieved party must submit and support an indictment in the capacity of a private prosecutor and collect all possible evidence necessary to proceed in instituting criminal proceedings. While convicted perpetrators are liable to a fine or restriction of liberty, current legisla...

The interests of legal entities in Macedonia are protected by notaries. The notary services in Macedonia are adopted by the Law on the Notary. By accomplishing these services, the legitimate interests of natural and legal persons are also protected and on the other hand the legal certainty is created due to the nature of the notarized documents. With regard to this, the role of the notary comes into expression upon its creation, alteration and revoking of the legal relations. The legal relations are also created d...

The article is an analysis of the relevance of such problems of the Russian legal doctrine and practice as a provision of the collective interests in the field of public health. Taking into account the paramount importance of health as a factor determining the quality of life, the authors emphasize the special role of social mechanisms for the protection and promotion of health. The most effective mechanism is similar, in their opinion, is a legal mechanism, the essence of which is to give the protection of health...

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...

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 res...

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-morrow’s criminal grimaces, and more the...

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...

The offence of false testimony is codified in Chapter XXX Article 233 of the Polish Criminal Code: “Offences against the Administration of Justice”. This liability is dependent on the person taking the testimony, while acting within his or her authorisation, must have warned the person testifying about the criminal liability for giving false testimony, or must have obtained a relevant oath. Prior to 2016, the perpetrator of this crime was liable to imprisonment for between six months and three years, but the 2016 ...

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...

The study focuses on the importance of balancing the need to share and use genetic sequences and the need to protect the privacy of biological groups who could be harmed if the genetic data of a group member were made public. Many medical discoveries are based on the use of human cells which are donated by volunteers. But the will of the donors could be in contrast with the will of their relatives. The aim of the study is to determine what the preeminent interest between the desire of the donor to help the researc...

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 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...

As a result of the 2015-17 migration crisis, housing can currently be considered as one of the key sectoral policies within the integrated urban development of the European Union. Although, the debatable position of the Polish government regarding the non-acceptance of migrants as a result of the relocation policy between the countries of the European Union is commonly known, Poland is an area of migration from such countries as Ukraine or Belarus. It is estimated that in the last few years Poland has accepted abo...

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 the fol...

One of the most basic rights of an individual is the right to the protection of personal data. Personal data is the common term for information about an identified or identifiable individual. Identifiable individual is defined as someone who can be directly or indirectly recognized, in particular by means of such characteristics as name, surname, identification number, location data, online ID, as well as physical, physiological, psychological, economic, cultural or social factors. Undoubtedly, 25 May 2018 can be ...

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 had...

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...

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, ...

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...

The terrorism can be considered as the political or security problem, but it is also the kind of crime, although it is very specific crime. However, considering it as the crime, we can also think about it in the connection with criminological categories as the prevention, for example. When we look at latest terrorist attacks, we can name their several common features. For example, tools, which were used for commitment of these crime, were very simple, because perpetrators attacked by firearms, stabbing weapons or ...

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-owner’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 possibl...

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...

The article explores influence of Ordoliberal School of economic thinking, also known as Freiburg School of economic thought on the competition law and policy of the European Communities and later the European Union. Methodology, brief history and members of the tradition shall be introduced, with particular focus and emphasis on Walter Eucken (1891–1950), the founder of the School, Franz Böhm (1895–1977), author of the school's competition policy/law drafts, Hans Großmann-Doerth (1894–1944) and Friedrich August v...

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...