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Search: 978-619-7408-62-1Year: 2018Subject: SOCIAL SCIENCES: Section Law and Societyclear all
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5th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2018
Publication

LEGAL PERSONALITY OF ROBOTS AND ITS IMPACT ON LIABILITY RULES

(STEF92 Technology, 2018, Kosjenka Dumancic, B. Preloznjak)

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A growing number of areas of daily lives are increasingly affected by robotics. In the European Union (hereinafter: EU) the fast-evolving field of robotics initiated public debate regarding legal framework for the robots. In order to ensure that robots are and will remain in the service of humans, some key legal issues such as human physical safety, liability exposure and privacy/data protection need to be resolved. If we take an example of liability issue, the question is can we hold robots liable for damage when...

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

PLAGIARISM AS A COMPONENT OF SCIENTIFIC FRAUD

(STEF92 Technology, 2018, A. Gutorova, S. Sheveleva)

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The purpose of this study is to analyze such a phenomenon as plagiarism and possible measures, which are taken to combat it. Considering the definition «scientific fraud» we assume that the main components of this phenomenon are plagiarism and falsification of research data. Today plagiarism and appropriation authorship had become quite common phenomena. Plagiarism as a phenomenon has a fairly long history but not at all times and not in all states the practice of such act was denounced. Today in many countries of...

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

PLANNING IN THE ENVIRONMENTAL LAW AS A GUARANTEE OF THE ECOLOGICAL SECURITY OF THE POLISH STATE

(STEF92 Technology, 2018, Anna Barczak)

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Many issues are connected with the ecological security of the state. This institution is a good example of the complexity of the relationship between the instruments of legal protection of the environment that create it. The aim of this paper is to consider the connections between planning instruments related to the functioning of the legal institution of ecological security in the system of environmental law. In the process of implementing environmental policy in the Polish State, ensuring ecological security, a ...

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

PROBLEMS CONNECTED WITH THE ISSUE OF THE LEGAL STATUS OF METROPOLITAN UNIONS IN POLAND ARISING OUT OF THE STRUCTURE OF TERRITORIAL DIVISION OF THE STATE

(STEF92 Technology, 2018, W. Zajac)

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In modern world, large metropolises are beginning to play an increasingly important role. It also applies to many Polish cities. In Poland carrying out metropolisation process, understood as creating special solutions for metropolitan areas in the form of large urban agglomerations, that are facilities of various networks (transport, scientific, economic) and development centres, is not satisfactory. Initiatives to ensure management of metropolitan areas have been undertaken for a long time, but still without achi...

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

HUMAN TRAFICKING IN THE REPUBLIC OF MACEDONIA

(STEF92 Technology, 2018, Bilall Lutfiu)

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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...

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

HANDWRITTEN SIGNATURE AS A CONSTRUCTIONAL COMPONENT OF A FORM OF LEGAL ACT IN THE POLISH CIVIL LAW

(STEF92 Technology, 2018, Zbigniew Kuniewicz)

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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...

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

THE IMPORTANCE AND THE STATUS OF PERSONAL TRADING COMPANIES IN SLOVAK COMMERCIAL LAW AND SELECTED ISSUES OF THEIR MANAGEMENT

(STEF92 Technology, 2018, T. Peracek, PhD., B. Mucha, J. Varga)

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The change of the social establishment in 1989 paved the way for the large groups of population to the entrepreneurship. The economic theory considers the entrepreneurship to be the basic tool for the economic development of every state. However, the main issue for every beginning entrepreneur is the choice of convenient legal form of entrepreneurship. General commercial partnership and limited partnership representing the types of personal trading companies have their origin in German and Austrian commercial law....

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

LIABILITY FOR INFRINGING DISCIPLINE OF PUBLIC FINANCE AS A LEGAL MEASURE TO ENSURE SECURITY OF PUBLIC FINANCE IN POLAND

(STEF92 Technology, 2018, Wojciech Bozek)

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Proceedings in cases related to the violation of public finance discipline include ordered sequence of activities, that compose a process aimed to decide by competent authorities about liability for such violation. These proceedings are important part of polish public financial system which are based on the act of 17 December 2004 on the liability for violation of public finance discipline and also polish legal solutions are unique in the world financial and legal solutions. Primary research purpose formulated in ...

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 attorney’s he...

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

CONCILIATION IS MODERN NECESSITY FOR DEVELOPING EGYPTIAN LEGAL SYSTEM

(STEF92 Technology, 2018, M. A. E. Ghanem)

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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...

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

ASSIGNMENT OF CLAIM AND ITS IMPACT ON THE CHANGE OF PARTY TO THE DISPUTE IN THE CIVIL PROCEEDINGS

(STEF92 Technology, 2018, Svetlana Ficova, M. Ivanco)

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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...

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

PARENTAL AUTHORITY FOR THE UNDERAGE MOTHER ON THE GROUNDS OF THE POLISH LAW - DE LEGE FERENDA REQUIREMENT

(STEF92 Technology, 2018, Marek Andrzejewski)

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The aim of the article is to present the arguments in favour of awarding full legal capacity to underage mothers. Acquiring full legal capacity by an underage mother would result in her gaining the status of an adult, thus allowing her to exercise parental authority over the child. This would result in expiry of the parental authority hitherto exercised over the mother by her parents. The research method applied to achieve the aim of the research was the dogmatic analysis of the applicable law, carried out with co...

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

COPYRIGHT ISSUES IN TACTILE CARTOGRAPHY

(STEF92 Technology, 2018, Alena Vondrakova)

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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...

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

HEALTH PROTECTION IN SOCIAL CARE STRUCTURE: SOCIAL AND LEGAL ANALYSIS

(STEF92 Technology, 2018, E. V.Vorontsova, A. L. Vorontsov)

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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 ...

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

LEGAL AND PRACTICAL CHALLENGES OF THE REPUBLIC OF MACEDONIA IN APPLYING THE CONSTITUTIONAL PRINCIPLE OF PRESUMPTION OF INNOCENCE

(STEF92 Technology, 2018, Jeton Shasivari)

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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 ...

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

A PARALLEL BETWEEN ADMINISTRATIVE AUTHORITIES AND AUTONOMOUS ADMINISTRATIVE AUTHORITIES

(STEF92 Technology, 2018, R. C. Dragomir)

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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...

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

BLANK PROMISSORY NOTE IN POLISH B2C TRANSACTIONS - STRENGTHENING OR WEAKENING THE PROTECTION OF CONSUMER RIGHTS?

(STEF92 Technology, 2018, S. Slotwinski)

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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...

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

JOINT STOCK MANAGEMENT IN ROMANIAN LAW. ON THE LIABILITY OF DIRECTORS

(STEF92 Technology, 2018, Cristina Cojocaru)

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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...

SOCIAL SCIENCES: Section Law and Society2018
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

INTRA-PARTY DEMOCRACY AS PRESENTED IN PARTY DOCUMENTS IN THE REPUBLIC OF MACEDONIA

(STEF92 Technology, 2018, Etem Aziri)

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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 issue....

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

REFORM IN JUSTICE AS A PRECONDITION FOR EFFECTIVE FIGHT AGAINST CORRUPTION AND ORGANIZED CRIME

(STEF92 Technology, 2018, Fadil M. Zendeli)

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The justice system must be independent and unbiased and in accordance with international standards and not serve as an instrument to protect the politics of power and business structures and politics related to power holders. Therefore, the whole country should have inclusive reforms in judicial power and prosecution as a precondition for restoring citizens’ trust, institutions that will guarantee that the executive and legislative power do their functions in accordance to legal acts and international standards. T...

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

REVOKING THE DONATION DUE TO GROSS INGRATITUDE OF THE DONEE IN THE POLISH CIVIL LAW

(STEF92 Technology, 2018, Adriana Tomczyk)

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The purpose of this article was to analyse the premises of gross ingratitude, allowing the donor to revoke their donation pursuant to the provisions of the Polish Civil Code. The term "gross ingratitude" is an indeterminate phrase referring to moral norms and leaving it to the court to establish whether the particular conduct of the donee justifies the donor revoking the donation. The fact that the deed of donation is very often used in the legal practice - especially in family relationships, as a manifestation of...

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

SIGNIFICANCE AND SCOPE OF THE EXCHANGE CONTROL IN THE POLISH LEGAL SYSTEM

(STEF92 Technology, 2018, E. Kowalewska)

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Foreign Exchange Act of 27 July 2002 with numerous executive acts constitutes the system of Polish exchange law. Along with the Constitution of the Republic of Poland and The Act on the National Bank of Poland it delineates a particular position of the National Bank of Poland. The research purpose of the present paper is the analysis of those legal regulations which indicate the role and responsibilities of the National Bank of Poland in the sphere of foreign exchange. Pursuant to Art. 52 of The Act on the Nationa...

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

LEGAL ASSESSMENT OF DECISIONS MADE IN THE CRIMINAL PROCEDURE OF LATVIA

(STEF92 Technology, 2018, Marina Sumbarova)

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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...

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

FISCAL RULES IN THE CZECH REPUBLIC

(STEF92 Technology, 2018, Ilona Bazantova, D. Charvatova)

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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...

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

PARENTS WITH MENTAL DISABILITIES AND PROTECTION OF THE CHILD'S INTEREST

(STEF92 Technology, 2018, A. C. Margaletic)

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Persons with mental disabilities are one of the most vulnerable groups of society. Lives of these persons are often characterized by stigmatization and social exclusion, therefore they are more exposed to risk of violations of fundamental human rights. As parents, these persons are faced with many challenges, and the problem that may arise and which will be analyzed in this paper concerns possible collision on the one hand parent's right to privacy and confidentiality of his/her medical data and information relate...

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

PROBLEMS AND PROSPECTS OF INTERNATIONAL COOPERATION IN THE SPHERE OF CRIMINAL PROCEEDINGS OF THE RUSSIAN FEDERATION AND FOREIGN STATES

(STEF92 Technology, 2018, A. Lyaskovets, D. Alymov)

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The aim of the research undertaken by authors was to analyze the prospects for the development of international cooperation in the field of criminal justice, as well as to assess the prospects for the development of joint counteraction to crime between the Russian Federation and foreign states. Its methodology included both the general scientific methods and specific juridical methods of cognition. The results of the research make it possible to obtain new knowledge in the field of organizing international coopera...

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

INTERNATIONAL COOPERATION OF NATIONAL JUDGES TO ENHANCE THE IMPLEMENTATION OF THE 1980 CONVENTION ON THE CIVIL ASPECTS OF INTERNAL CHILD ABDUCTION AND THE 1996 CONVENTION ON JURISDICTION, APPLICABLE LAW, RECOGNITION, ENFORCEMENT AND COOPERATION IN RESPECT

(STEF92 Technology, 2018, A. Abashidze, D. Gugunskiy, K. Keburia, A. Koneva, A. Solntsev)

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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 judges’ and courts’ 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 Inte...

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

EXTRAJUDICIAL PROTECTION OF THE RIGHTS OF INDIVIDUALS IN RELATIONS WITH THE EUROPEAN UNION AND POLISH ADMINISTRATION - ROLE OF THE OMBUDSMAN

(STEF92 Technology, 2018, M. Michalak, P. Kledzik)

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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...

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

HARMONIZATION OF VALUE ADDED TAX APPLICABLE IN THE SLOVAK REPUBLIC IN EUROPEAN UNION LEGISLATION

(STEF92 Technology, 2018, Cecilia Olexova, M. Hustak)

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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...

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

CUSTOMARY NORMS IN INTERNATIONAL SPACE LAW: CURRENTS STATUS AND FUTURE PERSPECTIVES

(STEF92 Technology, 2018, Irina Chernykh)

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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 customs,...

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

LIMITED FISCAL SOVEREIGNTY OF POLISH MUNICIPALITY

(STEF92 Technology, 2018, P. Manczyk)

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The most efficient sources of public incomes are public imposts, especially taxes. In accordance with Article 217 of the Constitution of the Republic of Poland „the imposition of taxes, as well as other public imposts, the specification of those subject to the tax and the rates of taxation, as well as the principles for granting tax reliefs and remissions, along with categories of taxpayers exempt from taxation, shall be by means of statute”. Shape of the rule of fiscal sovereignty of state laid down in Article 21...

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

APPLICABLE LAW IN THE FORM OF CONTRACT FOR DISPOSAL OF SHARES IN A POLISH LIMITED LIABILITY COMPANY – A COMMENTARY REGARDING THE APPLICATION OF THE REGULATION (EC) NO 593/2008 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 17 JUNE 2008 ON THE LAW APPLICA

(STEF92 Technology, 2018, K. Wozniak)

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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...

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

CERTAIN ASPECTS REGARDING SPECIAL REGULATIONS RELATED TO THE EMPLOYMENT, PROMOTION AND TRANSFER OF CONTRACTUAL STAFF IN THE PUBLIC SECTOR FROM ROMANIA

(STEF92 Technology, 2018, E. CATANA)

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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 institutions’ 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 betwe...

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

PROBLEMS OF PARTICIPATION OF THE STATE BORDER GUARD SERVICE OF UKRAINE AS A PLAINTIFF IN ADMINISTRATIVE CASES REGARDING THE PERSONS WHO VIOLATED THE LAW OF UKRAINE ON THE STATE BORDER

(STEF92 Technology, 2018, Roman Havrik, S. Petrechenko)

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In the mentioned scientific article, on the basis of the current administrative procedural legislation, judicial practice and legal doctrine, author has conducted a scientific study of the peculiarities of solving cases involving the State Border Guard Service of Ukraine as a plaintiff in administrative cases concerning persons who violated the legislation of Ukraine about the state border. There are determined main grounds for refusal to satisfy an administrative claim of the body of the State Border Guard Servic...

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

THE FIGHT AGAINST THE USE OF NEW TECHNOLOGIES FOR TRAFFICKING OF THE CHILDREN AND THEIR SEXUAL EXPLOITATION

(STEF92 Technology, 2018, A. Abashidze, D. Gugunskiy, K. Keburia, A. Koneva, A. Solntsev)

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This article studies the international cooperation of national judges to enhance the implementation of the 1980 Convention on the Civil Aspects of International Child Abduction and the 1996 Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children. The International Hague Network of Judges (IHNJ) began 20 years ago with judges from China (Hong Kong SAR), New Zealand, the United Kingdom (England and Wales), ...

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

INADMISSIBILITY OF PENAL AND CONFISCATORY TAXES

(STEF92 Technology, 2018, Sonja Cindori, V. Kuzelj)

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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 individual’s property and, potentially, the punitive role of tax. The problem should be ad...

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

ANALYSIS OF THE EXISTING LEGAL INSTRUMENTS FOR STRENGTHENING THE RULE OF LAW – „NUCLEAR OPTION“ OR INFRINGEMENT PROCEDURE?

(STEF92 Technology, 2018, Nadezda Siskova)

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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 doesn’t imply the judicial procedur...

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

STATUS AND THE PROTECTION OF THE RIGHTS OF PERSONS WITH MENTAL DISORDERS IN THE REPUBLIC OF CROATIA AND THE PROBLEMS WITH THEIR SOCIAL AND LABOUR INTEGRATION

(STEF92 Technology, 2018, M. Lulic, M. Vinkovic)

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Although the Republic of Croatia has committed itself by both international obligations and its national legislation to respecting the rights of persons with mental disorders, preserving their dignity, improving their health and integrating them into the family, work and social environment, their status in society is far from satisfactory. Persons with mental disorders are faced with a series of problems in their everyday life, e.g. systematic discrimination, lack of adequate health and social services, poor rehab...

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

FORMS OF PARTICIPATION OF COMMUNE RESIDENTS IN MAKING DECISIONS ON LOCAL MATTERS

(STEF92 Technology, 2018, Ewa Koniuszewska)

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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 ...

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

THE CONCEPT AND LEGAL NATURE OF EQUITY INTERESTS IN THE CAPITAL COMPANIES IN THE POLISH LEGAL SYSTEM

(STEF92 Technology, 2018, M. Wysocka)

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The scientific objective of the research was to determine the substance and legal nature of the equity interests of the shareholders in the capital companies in the Polish legal system. The aim of this research also required answering the question what the shares are in capital companies, as well as defining the mutual relationship between these concepts and the concept of participation in capital companies. The methodology of the research was determined by the indicated objective and both the dogmatic-legal and h...

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

SOME ISSUES OF COOPERATION OF THE BRICS MEMBER STATES IN THE FIELD OF THE OUTER SPACE EXPLORATION AND THE USE OF SPACE TECHNOLOGY

(STEF92 Technology, 2018, K. A. Vladimirovna, G. D. Andreevich, K. D. Andreevich, S. A. Mikhailovich, C. I. Alekseevna)

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The potential of the BRICS countries is one of the most significant in the world, and they have set important goals for development of their cooperation, one of which is exploration of outer space and the use of space technology. The BRICS countries have great technical and financial capabilities for development of space programs, and they have the necessary infrastructure. In the modern world there are only 3 spacefaring superpowers (Russia, the United States and China), and two of them are in the BRICS. This art...

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

LEGAL FORMS OF ATYPICAL EMPLOYMENT IN THE CONDITIONS OF THE CZECH REPUBLIC

(STEF92 Technology, 2018, Jana Borska, S. Reznikova)

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Generally, the right to employment is considered to be one of the fundamental human rights in a democratic society. It is considered to be a subjective right of anybody to choose employment according to his/her abilities and with a corresponding reward. The legislative base for this right in the Czech Republic is in the constitutional law, particularly in Article 26, paragraph 3 of the Charter of Fundamental Rights and Freedoms, which declares that anybody has the right to make his/her living through work. This pr...

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

COOPERATIVE AS A FORGOTTEN LEGAL FORM OF ENTREPRENEURSHIP

(STEF92 Technology, 2018, Tomas Peracek, B. Mucha, J. Varga)

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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...

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

DIFFICULTIES OF GENERAL DATA PROTECTION REGULATION APPLICATION TO INSURANCE PRODUCTS DISTRIBUTION

(STEF92 Technology, 2018, Martina Krugerova, M Koziel)

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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...

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

CONSTITUTIONAL AND LEGAL ASPECTS OF THE PARTY SYSTEM IN THE REPUBLIC OF MACEDONIA-SITUATION AND PERSPECTIVES

(STEF92 Technology, 2018, Jeton Shasivari)

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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...

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

CONCEPT AND TYPES OF PROCEEDINGS CONDUCTED AT THE STAGE OF A CRIMINAL CASE UNDER THE CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION

(STEF92 Technology, 2018, T. K. Ryabinina, Y. P. Ryapolova)

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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...

SOCIAL SCIENCES: Section Law and Society2018
Showing 1-50 of 67 records

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