Sukcesja majątkowa i doktrynalna w przypadku ustawowego uregulowania sytuacji prawnej rejestrowego związku wyznaniowego – wprowadzenie do badań

Author(s): Michał Zawiślak / Language(s): Polish Issue: 25/2022

Changing the legal basis for the functioning of a religious organization from an entry in the register of churches and other religious organizations to a law regulating the legal situation of this entity has not been regulated in Polish law. This entails various risks. In particular, the resultant modification of the range of legal persons of a religious organization may lead to harm to third parties. While a new law is being discussed, persons in charge of a given religious organization may also change its doctrine without ensuring compliance with Polish law. Accordingly, it is advocated that provisions be introduced to regulate the procedure for transitioning a religious organization from registration to individual statutory regulation. It is claimed that an important role in this procedure should be guaranteed to the registration authority, whose special task should be to uphold the public interest and ensure security of legal relations.

Argumentacja religijna w debacie publicznej – wprowadzenie do zagadnienia z perspektywy Johna Rawlsa i Jürgena Habermasa

Author(s): Paulina Łabieniec / Language(s): Polish Issue: 25/2022

This paper is an attempt to determine whether setting forth religious arguments in public debate on law is allowed in a liberal state. This issue has become particularly important after the Polish Constitutional Tribunal issued a ruling on the constitutionality of one of the conditions of the permissibility of abortion. In addition to the question of the presence of religious arguments in the debate on the law, a doubt has arisen as to what religious arguments actually are and whether they can include arguments that are substantively consistent with the position of a particular church or other religious organization. The paper discusses John Rawl’s views on the presence of religious argumentation in the public sphere, taking the concept of “public reason” into account. It also presents the position of Jürgen Habermas, who emphasizes the obligation of state officials to translate religious arguments into the language of political values when formulating laws.

VI Konferencja ICLARS “Human Dignity, Law, and Religious Diversity: Designing the Future of Inter-Cultural Societies”, Kordoba (Hiszpania), 19-21 września 2022 r.

Author(s): Piotr Stanisz / Language(s): Polish Issue: 25/2022

REFERANDUM SONUÇLARI: HANGI YENI BÖLGELER RUSYA FEDERASYONU'NUN BIR PARÇASI OLDU?

Author(s): Rano Matkarimova / Language(s): Turkish Issue: 56/2022

As a result of the war between Russia and Ukraine at the beginning of 2022 and the referendum on the territory occupied by Russia, a number of economic, political and administrative issues have emerged. Russia considers the process of bringing Ukraine, the former USSR country, closer to EU membership and establishing a moderate relationship between them as a threat to itself. As a result of the inconclusive outcome of international negotiations, a war erupted between the two countries. Less than a year later, the President of Russia V. Putin declared that referendums would be held in the occupied territory of Ukraine. After a range of referendums, four new regions, Donetsk and Luhansk People's Republics, Kherson and Zaporozhye were incorporated into the Russian Federation. The official documents were signed by V. Putin on 30 September 2022. Today, the number of regions forming the Russian Federation has increased from 85 to 89. The territories annexed by Russia will later become part of the federation. In this painful process, a transition period will take place from the date of admission of the regions to the federation until 1 January 2026. Since these regions have controversial status, their names have not yet been disclosed. In this article, based on the results of the referendum, it is evaluated which new regions are – will be a part of the Russian Federation.

ПРИМЕНА ФИСКАЛНИХ ПРАВИЛА ЕВРОПСКЕ УНИЈЕ У УСЛОВИМА КРИЗЕ ИЗАЗВАНЕ ПАНДЕМИЈОМ

Author(s): Srđan Golubović / Language(s): Serbian Issue: 96/2022

The paper examines the application of the European Union fiscal rules in the conditions of disturbances caused by the COVID-19 pandemic. Faced with a severe economic crisis, the European Union (EU) institutions for the first time activated a “general escape clause”, which allows for temporary deviation from the budgetary requirements set by the Stability and Growth Pact in March 2020. The clause was introduced as part of the 2011 fiscal rules reform (six-pack) and it allows member states to temporarily derogate from fiscal constraints due to severe economic disruptions. By activating the clause, the member states have been left with sufficient room for maneuver to take expansive fiscal policy measures, which mitigate the consequences of the crisis but also negatively affect the budget balance. Although conceived as a temporary deviation of fiscal indicators from the set values, in practice there was an extensive application of the general clause, which de facto led to the suspension of EU fiscal rules. This was also influenced by the decision of the European Commission and the Council of the EU to withdraw from initiating proceedings against member states with excessive budget deficits, due to the seriousness of the crisis and uncertainty regarding the recovery. The experience with the application of fiscal rules during the Coronavirus pandemic crisis imposes the need to redefine the institutional framework of fiscal governance in the EU, which will ensure a stronger link between numerical constraints and fiscal policy objectives but also provide enough space and resources for intervention during severe economic downturn.

КЛИМАТСКЕ ПРОМЕНЕ, ВАНРЕДНЕ СИТУАЦИЈЕ И ОДГОВОР СРБИЈЕ, ЦРНЕ ГОРЕ И ХРВАТСКЕ

Author(s): Dragoljub Todić / Language(s): Serbian Issue: 96/2022

The aim of the paper is to examine the relationship between climate change and emergency situations in the legal systems of three states: Serbia, Montenegro, and Croatia. The first part of the paper presents the attitudes of Serbia, Montenegro and Croatia towards climate change and emergency situations. The author analyzes the laws regulating the field of climate change (from the standpoint of potential relevance for emergency situations) and the laws regulating the field of emergency situations (from the standpoint of potential relevance for climate change). The second part of the paper points to the membership of Serbia, Montenegro and Croatia in relevant international agreements in the field of environment. The author discusses the position that the relationship between the climate change and emergency situations is not regulated in a comprehensive manner, and that this issue has been partially and inconsistently recognized in international law regulations. In that regard, there is room for a significant clarification on their correlations. The character of the links between climate change and emergency situations should be viewed in light of the development of international law and the specific features of the legal systems of the three countries, including their status within the EU integration process.

ПРАВА НА РАДУ МЕДИЦИНСКИХ РАДНИКА ЗА ВРЕМЕ ВАНРЕДНОГ СТАЊА

Author(s): Mario Reljanović,Jovana Misailović / Language(s): Serbian Issue: 96/2022

During the state of emergency declared in the Republic of Serbia in early 2020 due to the Coronavirus (COVID-19) pandemic, medical professionals in the Republic of Serbia were subject to a special regime of work. In performing their professional duties, they were subject to specific restrictions in accordance with the Decision on the State of Emergency, the Defence Act, the Act on Military, Labour and Material Obligations, and the decisions of the RS Government and the Ministry of Health. Their employment position was subject to complex regulations and the organization of their professional duties was highly specific as well. The authors’ research includes the normative analysis of their employment status during the state of emergency, with specific reference to some labour-related issues: working hours, work schedule, change of workplace, and the mandatory duty regime based on regulations that did not adequately respond to the current situation caused by the COVID-19 pandemic. The paper points to a more flexible approach to work in the state of emergency, the good and bad characteristics of the current legal framework, and the good and bad practices observed in this regard. Special attention is given to the illegal prolongation of the duration of emergency measures even after the termination of the state of emergency. The author gives recommendations for better regulation of these issues and for strengthening the mechanisms of protection of labour rights of medical professionals in specific (extraordinary) circumstances caused by medical reasons.

PUBLIC ADMINISTRATION DURING THE COVID-19 PANDEMIC AND REFORM DIRECTIONS

Author(s): Jovana Anđelković / Language(s): English Issue: 96/2022

During the COVID-19 pandemic, caused by the SARS-CoV-2 virus, every form of company organization and operation has undergone certain changes. The global crisis has highlighted the role of the state and the public sector in emergency situations and tested their readiness to respond to the challenges posed by the pandemic by instituting adaptable and pragmatic solutions while respecting the rule of law. During the pandemic, state and local officials have faced huge challenges. Being obliged to deal with rapidly and constantly changing circumstances, they often had to resort to improvisations. In such an extremely difficult context, it was of great importance to avoid administrative barriers, which could result in the loss of valuable time during the crisis. The pandemic has revealed many weaknesses in the functioning of state and local governments across Europe, including organization issues, change of workplace (from office to home environment), a new mode of interaction with citizens, etc. In developing countries, inadequate legislative provisions, technical solutions and insufficient digitalization have contributed to slowing down the administrative procedures. The aim of this paper is to indicate the problems faced by state administrations and local governments during the COVID-19 pandemic, to highlight the examples of good practices, and to indicate the reform directions after the pandemic.

FREEDOM OF ASSOCIATION OF JUDGES IN BOSNIA AND HERZEGOVINA

Author(s): Igor Milinković / Language(s): Serbian Issue: 96/2022

Freedom of association is one of the fundamental freedoms and is considered one of the necessary elements of a free society. Isolated from other members of the community, an individual would have little chance of successfully resisting the arbitrariness of the ruler, or fighting for social changes that he deems justified. Although judges are also entitled to this right, the very nature of the judicial office may call for establishing certain restrictions on the exercise of this right in order to protect the dignity of the judicial office and public confidence in the independence and impartiality of the judiciary. The first part of the paper focuses on the importance of exercising the freedom of association of judicial office holders. Special attention will be drawn to the role that professional associations of judges play in preserving the independence of the judiciary and improving its position, as well as protecting the rule of law and a democratic order. After referring to relevant provisions of international documents and the case law of the European Court of Human Rights, the author analyzes the restrictions on the freedom of association of judges adopted in various national legislations. Special attention will be given to the justifiability of prohibiting judges from joining political parties, and the dilemmas arising from the membership of judges in secret societies, i.e. other organizations operating on similar grounds. The second part of the paper focuses on the legal framework of the freedom of association of judges in Bosnia and Herzegovina and the justifiability of restrictions imposed on the exercise of this right.

A COMPARATIVE ANALYSIS OF INFORMED CONSENT LEGISLATION IN UKRAINIAN AND LATVIAN LEGISLATION AND CASE LAW

Author(s): Anatoliy A. Lytvynenko,Iryna Ya. Senyuta,Tatjana I. Jurkeviča,Volodymyr S. Makarchuk / Language(s): English Issue: 2/2022

Informed consent is one of the key principles in safeguarding human rights in the sphere of healthcare. It presupposes the expression of the patient’s free will relating to his medical examinations, treatment and diagnostic procedures, as well as the physician’s duty to inform the patient on the forthcoming medical interventions, including the facts regarding the potential risks of these medical interventions. This principle is one of the elements of contemporary medical law, which has marked the transfer from paternalistic medicine to a modern model of medicine, where the patient is an active participant in the process of medical treatment. In this paper, the authors illustrate the legal aspects of safeguarding the patient’s right to informed consent in the legislation and legal practices of Ukraine and the Republic of Latvia. The institute of informed consent, which needs to be safeguarded, as a key element of the legitimacy of a medical intervention (such as surgery, or vaccination), requires a specific form of fulfillment, which is conducted in writing. A medical intervention, excluding cases of emergency, is legitimate only when the consent of the patient is provided; unconsented medical interventions frequently cause lawsuits, where plaintiffs seek to recover damages for performance of a medical intervention without their informed consent. The authors have highlighted these issues while commenting on the recent case law of the Supreme Court of Ukraine and the Supreme Court of the Republic of Latvia.

REMOTE CRIMINAL TRIAL – FAIR TRIAL?

Author(s): Rima Ažubalytė,Ivan Titko / Language(s): English Issue: 2/2022

One of the most important procedural rights of the individual, without which it would be impossible to defend all other potentially violated individual rights, including those potentially violated during a pandemic, is the constitutional right to a court enshrined in Article 6 of the European Convention on Human Rights and Article 47 of the European Union Charter of Fundamental Rights. The health crisis has plagued many judicial systems in the absence of specific regulations that would provide a clear answer to the question of how to pursue justice in court, and especially to what extent it is possible to use the form of remote – working. This article, analyzes the question of whether the entire criminal trial can take place remotely and, if yes, whether remote criminal trial meets the requirements of due process: both substantive and procedural. The article analyzes the basic requirements of a fair trial, such as the right to be present and be heard, the right to defense; the right to trial within a reasonable time; the right to a public trial. However, even after all issues have been resolved, a more in-depth discussion on the compliance of entire remote criminal proceedings with the principles of a fair trial is needed. The practical analysis of the scientific problem is based mainly on the legal regulation of ECHR and relevant case law of the ECtHR, as well as the experience of two well-known to the authors jurisdictions - Lithuania and Ukraine - in the context of the pandemic.

A COMPARATIVE ANALYSIS OF INFORMED CONSENT LEGISLATION IN UKRAINIAN AND LATVIAN LEGISLATION AND CASE LAW

Author(s): Henryk Malewski,Egidijus Vidmantas Kurapka,Snieguolė Matulienė,Valery Shepitko,Mykhaylo Shepitko,Rafał Cieśla / Language(s): English Issue: 2/2022

The paper is dedicated to the comparative research of the views of the students representing the universities of three countries in terms of usefulness (necessity) of studying the criminalistic disciplines for future legal professionals. The core of this research is a coordinated and unified questionnaire study of 758 students from three Universities in Lithuania (Mykolas Romeris University), Ukraine (Yaroslav Mudryi National Law University) and Poland (University of Wroclaw). Modern pedagogics considers students to be not only future professionals, but likewise active participants in improving the didactic process. In recent decades, criminalistics has become increasingly important. This paper is a fragment of a broader study that is aimed not only at investigating the current situation in the criminalistic didactics of these countries in the run-up to the creation of a single European criminalistic space, but it is likewise aimed at future professionals, educators and managers of educational institutions, who are to implement this idea. The paper is not only a presentation of law students’ views on expediency and necessity of studying criminalistics and other disciplines of criminalistic orientation important for their future professional activities, but it should likewise become a kind of guide to action for teachers and administration of universities, i.e. to improve substantive and organizational as well as methodological aspects of criminalistic didactics. The given technique of research of students’ views can be successfully applied when addressing the problems of teaching other disciplines.

THE LEGAL REGIME OF ELECTRONIC MEDIA IN THE LEGAL ORDER OF THE REPUBLIC OF SERBIA

Author(s): Miloš Prica / Language(s): English Issue: 96/2022

Different legal regimes of public information in the Republic of Serbia and the differences between the existing media have not been sufficiently analyzed in legal literature. From the positive law perspective, media differ by the legal regime of their structural organisation, activities and control, as well as by public information activities they perform. The media are subjects of a territorial community which have a duty to communicate their program content in an objective, impartial and truthful manner. Consequently, all media (both commercial and non-commercial ones) primarily serve general and public interests. The only difference is the content of public interest in individual media. In the order of a legal state (Rechtsstaat), the greatest impact is attributed to electronic media, especially television stations with state-wide (national) coverage as media aimed at accomplishing special goals in the field of public information. TV stations with national coverage primarily aim to accomplish general interests. They are bound by the special content of the public interest and, thus, they have a significantly wider scope of duties than other televisions. Unfortunately, the current circumstances in the field of public information in the Republic of Serbia prove otherwise.

ПРАВНА СРЕДСТВА ПРОДАВЦА ЗА СЛУЧАЈ КУПЧЕВЕ ПОВРЕДЕ УГОВОРА О МЕЂУНАРОДНОЈ ПРОДАЈИ РОБЕ

Author(s): Uroš Zdravković / Language(s): Serbian Issue: 96/2022

The legal remedies available to a seller in case of a buyer’s breach of contract on international sale of goods are predominantly contained in Articles 61-65 of the UN Convention on Contracts for the International Sale of Goods (CISG). Article 62 of the CISG entitles the seller to require from the buyer to perform the obligations. Under Article 63 of the CISG, the seller may fix an additional period of time of reasonable length for the performance of the buyer’s obligations. Article 64 defines the conditions under which the seller is entitled to declare the contract avoided. The first situation in which the seller can avoid the contract is where the buyer has committed a fundamental breach of contract. Article 64 also provides that the seller can avoid the contract if the buyer has not paid the price or taken delivery of the goods within the additional period of time fixed by the seller under Article 63(1) of the CISG. In case the buyer has paid the price, the seller loses the right to avoid the contract if it does not declare avoidance within the periods stated in Article 64(2). In cases of late performance, the seller loses the right to declare the contract avoided unless it does so before becoming aware that performance has been rendered. In regard to any breach other than late performance, there is a distinction according to whether or not the seller has fixed an additional period for performance in accordance with Article 63 (1). In the absence of an additional period for performance, the seller loses the right to declare the contract avoided unless it declares avoidance within a reasonable time after the seller knew or ought to have known of the breach. In case the seller has fixed an additional period of time for performance by the buyer, the seller loses the right to declare the contract avoided unless it declares avoidance within a reasonable time after the expiry of the additional period fixed by the seller or after the buyer has declared that it will not perform his obligations within such an additional period. Finally, under Article 65 of the CSIG, if the buyer fails to make the specification of the goods, either on the date agreed upon or within a reasonable time after receipt of a request from the seller, the seller may, without prejudice to any other rights he may have, make the specification himself in accordance with the requirements of the buyer that may be known to him.

Warunki przyjmowania kandydatów do seminarium duchownego w II RP na przykładzie Seminarium Duchownego w Płocku

Author(s): Dagmara Pipczyńska / Language(s): Polish Issue: 4/2022

The article is about issues related to the conditions of admitting candidates to seminaries in the period of the Second Polish Republic. The issues were presented on the example of the Higher TheologicalSeminary in Płock. This article was divided into thematic sections, starting with the discussion of the institutional outline and formal preparation of candidates for the priesthood. This section refers to the decisions of theCouncil of Trent. Next section of this article concerns the general admission conditions for candidates to universities in the Second Polish Republic.The article also draws attention to important role of the preparation for priestly, in the light of the rules the Code of Canon Law of 1917. The following subsections of the dissertation refer directly to issues related to the organization and functioning of the Higer Theological Seminary in Płock. At this point, Author presented path of Theological Seminary in Płock to become a higher education institution.The article ends with a summary, which concludes that the theological seminaries in the SecondPolish Republic, although they didn’t fit into the framework of „secular” education, presented a significant scientific and didactic level.

Sukcesja urzędu biskupiego w nauczaniu Kościoła Rzymskokatolickiego i Kościoła Polskokatolickiego w RP z uwzględnieniem problemu biskupów wędrownych (episcopi vagantes)

Author(s): Szymon Krzysztof Wawrzyńczak / Language(s): Polish Issue: 4/2022

The issue of apostolic succession is one of the subjects of ecumenical dialogue between the Roman Catholic Church and the Polish-Catholic Church in the Republic of Poland. Thanks to studies conducted in this area, it is possible to ascertain the preservation in the Polish-Catholic Church of the historical succession, originating through the Churches of the Union of Utrecht from the Roman Catholic Church. A difference, howewer, is the approach of the two communities to the succession of the episcopal ministry outside the community of the Church. The Old Catholic Churches, and hence the polish-catholics, do not recognise the validity of episcopal ordinations conferred outside the ecclesial community and without a specific mandate to confer them, even if the proper rite of conferral has been observed. The Roman Catholic Church, while regarding the conferral and reception of episcopal orders without papal nomination as giving rise to excommunication, nevertheless recognises their sacramental effect if the substance, form and proper intention of the conferral have been preserved.

Problemi pravne (ne)reguliranosti (mikro)plastike u morskom i riječnom okolišu

Author(s): Biljana Činčurak Erceg / Language(s): Croatian Issue: 176/2022

The durability of plastics, plastic litter’s ability to “travel” on rivers and across long distances as well as to accumulate in the seas and remain in the environment for a long period pose a great danger, the solution to which raises a challenge at the global level. Microplastic is a part or piece of plastic smaller than 5 mm, although this name is also used for all “small” pieces of plastic. In recent years, there has been growing awareness that plastic waste needs to be urgently reduced, especially in the marine environment. The primary source of marine pollution is rivers, i.e., land-based sources. Large amounts of plastic flow into rivers, and their final destination is the seas. This paper presents data on the categorisation and types of plastics, quantities of plastics in the marine environment, and the problems that arise there. Pollution of the marine environment, marine litter, and pollution of the riverine environment are also discussed. Soft law dominates global efforts to address marine litter problems. There is currently no international treaty regulating plastic pollution, although some regulations include, among other things, provisions on the prevention of marine pollution. The paper aims to present the key provisions of relevant international sources of law governing pollution of the marine environment and the river environment. Whether they contain provisions related to (micro)plastics and plastic waste and whether they provide a sufficient legal framework to prevent plastic and river pollution are duly examined. The most important European directives and the laws of the Republic of Croatia relating to marine pollution, water pollution, and waste are presented in particular. Finally, proposals are made for solving the problem of plastic in the environment and for better legal regulation of this issue.

The “Green Hull” Project

Author(s): Giuseppe Duca,Paola d’Alberton,Mitja Grbec / Language(s): English Issue: 176/2022

“Green Hull” is a project supported by the Interreg V-A Italy-Slovenia Cooperation Programme, funded by the European Regional Development Fund, aimed at solving the problem of environmental pollution arising from biological incrustations on hulls. The hulls are cleaned while they are still in the seawater, without any spillage of polluting or hazardous substances. In this way, the performance of ships is improved and the introduction of allochthonous species into the environment is reduced, without incurring the costs and time necessary for drydock. The sea knows no boundaries; cross-border cooperation in the public and private sectors is necessary to define guidelines for the control, monitoring and management of water and waste from biological incrustations on hulls and to ensure more effective cross-border management. As part of the “Green Hull” project, legislation concerning environmental protection and the quality of marine waters was investigated, at international, European and national levels, both in relation to Italian and Slovenian legislation. The study of the legal aspects of the project area also aimed at preparing, within the existing regulations, guidelines for the development of green technologies in the sector of interest of the project, and a model of a system for the management of waste from cleaning hulls.

Je li plovilo na vezu opasna stvar, a djelatnost marine opasna djelatnost?

Author(s): Vesna Skorupan Wolff,Adriana Vincenca Padovan / Language(s): Croatian Issue: 176/2022

The paper examines the views of domestic civil law theory and case law on inherently dangerous objects and activities, and, in particular, the interpretations of maritime law theory and case law on whether a ship is an inherently dangerous object presupposing the application of a strict liability regime. The central part of the paper is devoted to a critical analysis of the courts’ interpretation of the question of whether a berthed boat is an inherently dangerous object and whether the activity of a marina operator is an inherently dangerous one. Furthermore, the criteria relevant for assessing the legal issues in question are investigated in detail. Finally, determining the relevant criteria leads to guidelines that can be used for theoretical generalisation which can be applied by the courts when deciding in cases involving the legal question of whether a berthed vessel is an inherently dangerous object and the business of a marina operator an inherently dangerous activity.

Oporezivanje lučkih uprava porezom na Dobit — praksa institucija Europske unije i hrvatski pravni okvir

Author(s): Božena Bulum / Language(s): Croatian Issue: 176/2022

The paper analyses the decisions and stands taken by European Union institutions (the General Court and the European Commission) regarding the issue of whether corporate tax exemptions or reductions for profit generated by the provision of economic activities granted to port managing bodies in Union public ports (port authorities) are State aid. The paper provides a comparative analysis of corporate income tax rules applicable to ports in European Union Member States covered by the decisions of European Union institutions. The Croatian legal framework applicable to seaports open to public transport and their fiscal regime is also presented. The possible consequences of the stances of European Union institutions in relation to the fiscal regime and the functioning of ports in the Republic of Croatia are additionally considered.