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The aim of the research undertaken by author is to define the unique moral essence of the legal principles and norms fixing the status of a person in criminal justice system from the point of view of their axiological genesis and their correspondence to the international law standards on human rights and to the constitutional grounds of the Russian Federation. It's methodology included the general methods of analysis and synthesis, the dialectic method, which permitted to test the criminal procedure system as soci...

At the level of the European Union there are legislative initiatives designed to create a business environment favourable to research and innovation which promotes the competitiveness of the pharmaceutical sector. When examining the compatibility with EU law of the conditions for the retail supply of medicinal products, the Court of Justice of the European Union stated that the health and life of humans rank first among the values and interests protected by the TFEU and that Member States are responsible for decid...

The aim of the research undertaken by author is to define the most adequate ways of optimization of the institute of disciplinary liability of a lawyer in Russia. Its methodology included both the general scientific methods and the specific juridical methods of cognition. The main results of the research include the original new knowledge that contains the summary and analysis of the achievements of the Russian legal ethical theory, the systematization of the samples of deontological rulemaking submitted by the Ru...

Ukraine's aspiration for European integration makes it necessary to bring the national legislation, including administrative, in line with European standards. Over the past two decades it has formed a significant body of legal rules based on these standards and aimed to establish various aspects of public administration. However, a positive regulatory effect on administrative practices was minimal, due to several factors, both legal and non-legal. Moreover, the main reasons of the revolutionary events in 2013-2014...

In the article the author analyses the position of shareholders who hold non-voting shares of the offeree company in the takeover process. By using the comparative method, the author emphasises the solutions adopted in the European and Croatian Law. According to the Takeover Bids Directive, as well as the Croatian Takeover Act, a mandatory takeover bid has to be published for the acquisition of the shares carrying voting rights in the company. By adopting this solution, the shareholders of non-voting shares are no...

In order to ensure a more efficient and more operational judicial protection of human rights and freedoms and control over the actions of public administration at the end of the twentieth century (1999) Lithuania has established functioning administrative courts. Thus, in modern and advanced democratic countries a widespread autonomous and independent special administrative justice model for resolution of arising disputes between individuals and the public administration was created. This particular article is int...

Through this study we want to highlight the Romanian legislation regarding murder and the circumstances that make the crime of murder severely punished. I analyzed only two circumstances of eight, premeditation and material interest. Each of these circumstances could be taken if specific conditions are met. There are also controversial situations in Romanian literature and jurisprudence regarding the detention of premeditation, situations which are to be analyzed in the paper and submitted to discussions to those ...

The author of this contribution deals with the competence of public prosecution service in the non-criminal field. In the first part of the contribution the author discusses theoretical basis of the non-criminal competence of public prosecution service. Then he analyzes non-criminal competence of public prosecution services of the V4 countries. In the last part he evaluates analyzed legal regulations and provides critical comments concerning in particular the new regulation of the Hungarian public prosecution serv...

Recent experience of Presidencies in the Council of the European Union was characterised by direct participation of V4 countries: the Czech Republic (2009), Hungary (2011) and Poland (2011). Lessons learned also suggest that Member States of the European Union might remain in the spotlight even after completion of their Presidencies. Moreover, in the (geo)strategic regional context, the European Union and its enlargement process open up to the potential and synergies of regional initiatives. Multidisciplinary appl...

Discourse plays an important role in political systems, especially during the electoral period and electoral campaigns. National politicians often used a wide range of themes that are related to any level of the political system, just to be elected once again. In such a competitive world, discourses and buzzwords play an important role in framing behaviour and relations. The themes of regionalization, good governance, autonomy, decentralization and reforms are very popular words of politicians at national level wh...

The main purpose of this paper is to reveal main characteristics of the conflict interaction between a business and authorities in Russia. Another purpose is to verify analytical possibilities of several concepts of the conflict studies for their usefulness in the examination of our subject in the post-Soviet Russia. This analysis gives us opportunities to solve an analytical problem of the conflict analysis in Russia and to describe the content of the new business development in Russia. There are specific ties be...

Robert Fico's candidacy in the Slovak presidential election in 2014 from the position of the Slovak Prime Minister may be perceived as a challenge to restructure the functioning of the executive power. Fico's authority and political past would be in the presidential office in sharp contrast with previous directly elected presidents, who at the time of taking the Office were the small political parties chairmen. Robert Fico as the president of the Slovak Republic could actualize the government system transformation...

Improvement of social situation of Roma citizens in Slovakia has been task for Slovak political elites for decades. It seems like no government or municipality is able to prepare real solution with long term effect. The problem also existed during totalitarian era in former Czechoslovakia. The most visible and the most intensive attempts to solve the issue were those from the late 60s and early 70s of the last century. The goal was to identify the main areas that were the cause of the exclusion of the Roma citizen...

The primary objective of the drafters of the Constitution should be the drafting of a real constitution that takes into account the actual social reality of a country, its real development objectives, the report of the social forces and ensure its implementation in practice. The makers of the constitution on the occasion of the drafting of each article of the constitution should think how it complies with reality, and whether it can be implemented in practice. To devise a realistic and functional constitution mean...

This article is the pilot study of the research focused on ethical values, virtues and character values of students. The main purpose is explain research aimed at investigating university students' perceptions of ethical values, including their importance, application, usefulness, origin, benefits and need for education. For students is necessary to accept ethical values benefits in all aspects of their life and then, to be aware of these advantages and to start applying and developing them in our daily activities...

Romania and Hungary, two countries of the former Soviet Bloc, have started on their post-communist project having pretty many similarities. In the beginning they adopted the same soviet model of social organization and similar institutional framework, but, until the end of the regime they matured following divergent paths. One of the most obvious differences between the two was their different attitude towards nationalism. While the western neighbour was constantly trying to avoid it, at least at the official leve...

It is well known that the gravest dangers to international security are no longer military threats from rival great powers, but trans-border threats emerging from the world's most vulnerable countries. The key connection between weak and failing states, on the one hand, and transnational threats, on the other, is undeniable. Political thinkers such as Francis Fukuyama hold that “since the end of the Cold War, weak and failing states have arguably become the single-most important problem for international orderвЂ...

In the broadest sense, the concept of sustainable development is a set of activities pursuing the long-term trends in the social, economic, and environmental development. Its implementation is subject to voluntariness in approach, the selection of objectives itself, the way of their implementation, and the necessary partnership of all involved. Sustainable development at the regional level in the Czech Republic applies to the regions which have a legal obligation to take care of the versatile development of their ...

The concept of social conflict is within the field of social knowledge, explaining the principles of the society as a system of the integration of elements that are constantly disintegrated by their conflict interests. The article deals with the theory of socio-political order conflict nature, genesis and ideological basis of socio-political order, and the interrelation of conflict as a means of needs satisfaction and socio-political order. Authors conclude that a modern society represents, as a matter of fact, th...

Arab spring almost unaffected Morocco and as result are changes in its constitution, such as Berbers language recognition as an official, and official gender equality. Herein, some possible explanation of this result is presented. Significant factors are location on the margin of islamic world, relations with Europe, belief to join EU, and Berbers support of ruling King as well. Unique aspect of Moroccan King Mohammed VI as not only political leader, but also spiritual one. Finally, King Mohammed VI did not undere...

The submitted paper is a case study dealing with the criteria of statehood stated in the Montevideo Convention of 1933. The Convention sets four criteria of statehood: permanent population, defined territory, government and the capacity to enter into relations with other states. On the basis of these criteria, the submitted paper is divided to four chapters, where each chapter deals with one of the criteria of statehood applied to the case of Abkhazia. The resulting text primarily draws on resources from field res...

Although local public administration authorities have a territorial jurisdiction which is limited to the territorial administrative units in which they were elected and where they function, the difficult period transited by the state on the background of the existing international economic crisis, puts in real difficulty the smooth running of the local government. The created dysfunctions are more obvious because, although in the decentralization process, local public administration authorities are obliged to exer...

The aim of the research is to solve the problem that experienced the inconsistency of Russian post-reform law, science and legal practice – the evidential powers of defense counsel in criminal proceedings which are defined by one rules of the law and denied by the other at the same time. Its methodology included both the general scientific methods and the specific juridical methods of cognition. The main results of the research include the original understanding of the evidential powers of defense counsel in cri...

Background: The scientific problem is insufficient knowledge of practicing lawyers and scientists on the composition and frequency of use trading practices used by entrepreneurs, as well as on the criteria for the application of trade usages in public circulation. The purpose of the article is to reveal the legal nature, the essence, the characteristics of trade practices as sources of law, to determine the mechanism of their application by judicial practice and business (civil) turnover of Russia. Methods: The ar...

The inheritance institution even if dominated by tradition and conservatism was transformed during time in terms of concepts and procedural. These changes of the law texts which regulate the issue of inheritance were determined by culture, religion and political philosophy of the times. Since the primitive period, during which we can find instinctive and customary rules related to the transfer of property of assets held and used by the deceased during his/her lifetime, continuing with the Roman law in which the in...

Among the many changes made following the entry into force of the new Civil Code in family law field, the civil engagement institution is governed by Articles 266-270. Even though there is so far a genuine judicial practice (although some unsuccessful actions began to be resolved), an analysis of this institution we find particularly timely, especially given the fact that the doctrine has not reviewed until now this institution. This paper proposes a critical analysis of legislation and formulates proposals for le...

An article describes briefly new Act implemented in the Czech Republic at the end of year 2014 reflecting statement of Civil Service. Regulation of public administration officers according to Civil Service will have economic and administrative impacts for its initial functions and then for further training of the officers which are subject to the Civil Service relation because of new position of these officers. Such relation will mean the relation, when the work for public sector is replaced by the service for sta...

Legal protection of intellectual property is an integral part of research and development (R&D) industry. Well-done management in the field of intellectual property can bring additional funds to R&D institutions. Biotechnological R&D, what relates with biological, chemical, and biochemical methods applied on organic or even biological material, is one of the fastest booming area of R&D at all. The paper presents juridical research in the area of biotechnological invention patentability, incl. relationship between ...

In the contemporary era, the right to health is a human right and is based on the natural rights of humans. Hence the obligation of the states to develop appropriate legislation and to implement this obligation. In other words, the social responsibility in health. Currently, in Europe there is a close collaboration between the World Health Organization, the European Union and the Council of Europe with the declared aim to support the implementation of coordinated strategies for the implementation of patient rights...

The purpose of this paper is to analyse specific rules concerning free movement of goods, especially measures that may hinder market access. Articles 34 and 35 of the Treaty of the Functioning the European Union (hereinafter: TFEU) prohibit quantitative restrictions on imports and exports and all measures having equivalent effect as quantitative restrictions between all Member States. The European Court of Justice (hereinafter: ECJ) dealt with a number of cases concerning Articles 34 and 35 TFEU. Even after numero...

France is well-known for its solid and fierce social system, particularly in terms of employment. However, despite the French legislator's efforts to create a legislative protection shield for the French employees, moral harassment at work developed itself as a silent, ever-growing and - at a certain extent - tolerated phenomenon which led to a significant number of suicides. This paper aims to present the proper, complex and thorough legislative protection granted under the French legislation against various type...

The main purpose of this paper is to analyse the electoral reforms that have been performed in Romania in the last 25 years, in order to identify their effects, which have been, in some cases, harmful to the already difficult process of transition to democracy. We base our working hypothesis on the assumption that the large number of these reforms, as well as, in some cases, their ambiguity and/or complexity, represented important criteria which led to a constant decrease in the population's voting participation a...

In an earlier paper titled “European Union Enlargement to the Western Balkans applied to the Acapulco typology of agenda-setting: Focus on Montenegro, Serbia and FYROM revisited” (čiderova, Fejesova & Kovačevic, 2015) interactive matrix of the Acapulco typology of agenda-setting was stretched to the context of the European Union external relations (namely, macro-regional strategies of the European Union and regional cooperation initiatives) and enlargement (particularly the Western Balkans). Fulfillment of t...

The prevention of a terrorism in the frame of civil and environmental protection getting to be more important within the last decade. Ongoing intensive industrial development and production of chemical substances provides new opportunities and tools to modern terrorist groups, which may represent the major threats to the citizens and the environment. Common - industrially produced - chemicals, which are classified as toxic or highly toxic, can be quite easily abused (in the forms of improvised chemical weapons) fo...

The main research question in this paper refers to top-down Europeanization of subnational government levels, in the context of implementing the open government policies. In the last few decades, democratic deficit and growing passivization of citizens in political life keep denoting the European countries. Therefore, it seemed important to explore all options for increasing democratic legitimacy of the public authorities' actions and decisions. This paper is focused on citizens' participation in public life on su...

The aim of the paper is to motivate the Government and local authorities to manage and plan the development of urban communities in the next 5 – 10 years through public policies. Globalization, as an external factor accelerated the movement of population towards great cities and developed countries several times. Nowadays, ¾ of European population live in cities. This tells us that these kinds of movements are a result of human instinct in search for a better life. The city offers better living and working cond...

Transparency is considered as one of the key features of good governance and an essential prerequisite for accountability. In simplified terms, transparency means openness of the system, clear processes and procedures and easy access to public information. By doing so, it is contributing to ethical awareness in public service by information sharing, which ultimately ensures accountability for the performance of the individuals and organizations handling resources or holding public office' (Suk Kim et al 2005: 649)...

Creation of Common foreign security policy is determined by many factors. The aim of this paper is to analyze and recognize the populist tendencies in foreign policy making. Foreign policy is one of the most important policies of countries. After the Lisbon Treaty there were the biggest changes in the competences of foreign policy. The main objective of the policy is to keep peace around the world. The process of creation in the policy is difficult because of the member states status. Populism is notable in this c...

Vatican diplomacy will play important role in international relations, where is a significant source as a soft power. As follows from casustics herein, the Pope might be a great mediator in some stages of conflicts. However, we have to take into consideration some limitations. The Pope's power is not equally all over the world due to particular religion strength. If we are talking about Vatican diplomacy, it is necessary to define, what it is. Unfortunately, differences between Vatican City State and the Holy See ...

The right of intellectual property in all its complexity can be characterized nowadays as „the most universal law subject field, developed enough scientifically and systematized adequately.“ [1] The significance of the right of intellectual property as the law branch, is currently becoming more popular worldwide. The protection of the right of intellectual property in the condition of Slovak Republic, comes out of the basic legal enactment, that is Constitutional Act of Slovak National Concil no. 460/1992 of t...

The paper introduces the preliminary findings of the project that explores current state of affairs regarding national legislations and relevant agencies' activities with respect to investigating the child sexual abuse as a crime and combating it. The goal of the research is to map basic fields where countries might face challenges regarding the criminalization of child sexual abuse within the circle of trust and draft preliminary recommendations to enforce international activities to prevent the crime under study...

Crowdinvesting is a recently emerged business practice recognised as an alternative method of raising risk capital in the early stage financing of start-ups and small enterprises. It involves a collection of relatively small amounts of money contributions from a general public, via platform operator. In return, investors acquire equity or debt financial instruments issued either by project holder seeking finance (direct crowdinvesting) or a special purpose vehicle established by the platform operator or a third pa...

Reception of Roman law, which, in the High Middle Ages hit the legal environment of almost the entire Europe, had also imminently influenced the development of law in the Czech lands. Aside from Canon law, which often used Roman law terms in documents, the issue of reception of Roman law in the Czech lands was closely connected mainly with the medieval cities which, thanks to their market-economy nature, were very close to the economic and social structure of Ancient Rome. There were many Czech towns that followed...

Declaration of necessity to improve the level of data protection in all spheres of European Union (EU) policy under the Stockholm program was the impetus for European Commission to start the data protection reform in EU, particularly paying more attention for data protection regulation in the investigation and prosecution of crime. On the other hand, Council conclusions on the vision for European Forensic Science 2020 including the creation of a European Forensic Science Area and the development of forensic scienc...

Expropriation is a traditional and generally accepted way of property acquisition for the public benefit. In the Czech Republic, it is most often used for roads and energy infrastructure. It has recently been a favored tool for implementing measures to improve the environment and protect against natural disasters. Investors typically need several years to purchase or expropriate all the land required. This slows down the construction process. Every year of delay means a cost increase of approximately 5 %. My paper...

State aid for rescue and restructuring of companies in difficulty causes a significant distortion of market competition. Financed by taxpayers'money and in a sensitive era of EU economy getting back at its feet, state aid to companies facing difficulties called for additional ex ante control and filters to be applied. Thus, the European Commission introduced new Guidelines looking into more strict assessments of cases where rescue or restructuring aid is awarded. In addition, the burden must be shared between the ...

In the process of interaction of the legal systems of the present it is necessary to take into account the processes of globalization that take place. At the same time, one should not miss that the principles of universalization and pluralization, which dictate the necessity of clear idea of the specific character of each culture as well as their deep commonness, should be assumed as a basis of interaction of the legal systems.

At present the issues of security enforcement have become urgent in many countries. The modern tendencies connected with constant increase of safety risks just prove it. The national problem of security enforcement must be solved, inter alia, through the measures of criminal law regulation. Meanwhile, systematic and integrated study of the issues of criminal law security enforcement can elaborate practical guidelines for lawmakers on improving current criminal legislation. The purpose of the paper is to carry out ...

The fundamental changes in fight against crime policy by choosing forensic science as a strategic tool in this fight are currently undergoing in European Union (EU). Hence, every Member State has specific system of forensic science institutions, the unique conception of forensic science and different legal systems as well. Meanwhile, the vision for European Forensic Science 2020 is one page length abstract document, providing only the guidelines for creation of European Forensic Science Area and including a list o...

The paper deals with a broader emphasis on sustainable environmental policy and for the fact, that security and safety of the citizens from disasters of natural and anthropogenic origin could not been done only through the classic concepts of population protection, but also through the protection of the Environment and its specific parts (atmosphere, water, biota, soil). On the basis of researches of this challenge and growing importance of environmental security all over the world, two Czech teams of experts (VSB...