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CESIBILITATEA DREPTULUI DE UZUFRUCT

Author(s): Ion Bîtcă / Language(s): Romanian Issue: 02/2021

Usually the right of usufruct is constituted in the consideration of the identity of the person of the usufructuary, being a personal intuition contract. The rule that follows from the provisions of the Civil Code regarding the transfer by the usufructuary of the usufruct right constituted in his favor is that of its inalienability. By way of exception, it is possible for the usufructuary to assign the right to a third party but only if the following conditions are met: this possibility was provided for in the incorporation contract; there is the consent of the bare owner; the legal act is onerous and belongs to the category of acts between the living.

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UNELE OBIECTIVE ACTUALE ȘI ROLUL PRINCIPAL AL PSIHOLOGIEI JUDICIARE ÎN SOCIETATEA MODERNĂ

Author(s): Petru Ostrovari / Language(s): Romanian Issue: 02/2021

Legal psychology is an interdisciplinary field related to general psychology, social psychology and the science of law and is concerned with the issues of the human aspects of jurisprudence. The psychological nature of legal issues indicates the needs for and the importance of review theoretical and practical-applied objectives. The purpose of this article is to examine the classical objectives of legal psychology, to identify new objectives and to elucidate the main role of forensic psychology in modern society. The results obtained by the method of comprehensive analysis and narrative description indicate the importance of emphasizing the role of interdisciplinary investigations in forensic psychology adjusted to reality, identifying new paradigms and specific methodologies for studying behavior in the judicial process. Studies in forensic psychology that refer to the problems caused by the decisions of the judge or defendant and the identified solutions have extended to the psychology of consent, which indicates the need for epistemological and methodological updating of the object of study in legal psychology.

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EXECUTAREA IMEDIATĂ A HOTĂRÎRILOR JUDECĂTOREȘTI ÎN REPUBLICA MOLDOVA

Author(s): Alexandru Prisac / Language(s): Romanian Issue: 01/2022

In this article, we have analyzed the grounds for the immediate execution of court decisions and their assurance. We have highlighted the most essential aspects that can appear in the judicial practice of the immediate execution of court decisions. Given the fact that the purpose of the immediate execution of the judgment is to avoid the risk of patrimonial vulnerability of the creditor, we also analyzed certain aspects related to ensuring the execution of the judgment.

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CONȚINUTUL MĂSURILOR SPECIALE DE INVESTIGAȚII DIN DOMENIUL REȚELELOR DE COMUNICAȚII ELECTRONICE. PARTEA I

Author(s): Igor Soroceanu / Language(s): Romanian Issue: 01/2022

Online communication, on non-governmental platforms or through various electronic networks, has become more and more widespread in the contemporary era. Thus, the means of interaction of the human community, know a major period of ascension and development. Therefore, in the conditions of positive ascent of the respective field of communication, it has become the target of new illegalities committed in the objective reality. Therefore, in order to counteract these alleged illegal acts and alleged attacks on the rule of law, a wide range of criminal prosecutions and special investigative measures are being taken. Thus, that research is intended exclusively for the analysis of the content of these special measures of targeted investigations in order to prevent and combat illegal acts in the field of electronic communications networks.

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Legal protection for people with mental disorders

Author(s): Marzena Furtak-Niczyporuk / Language(s): English Issue: 5/2024

The way in which the legal subjectivity of persons with disabilities is understood, which is particularly true for persons with mental disorders, is evolving in the context of the legal institution of incapacitation. First of all, a shift from a substitute decision-making model to a supported decision-making model is suggested. The former involves depriving such persons of their legal (procedural) capacity and placing them under the care or guardianship of others. The latter is to provide them with the appropriate means to access the support they will need in exercising their legal (procedural) capacity. Hence, the legal institution of incapacitation should eventually be abolished and replaced with a new legal instrument of support, which is to be directly based on supportive guardians, representative guardians and legal assistants. The proper protection of the rights of people with mental disorders is obviously possible only within a democratic state of law.

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Consent of a party in general administrative proceedings

Author(s): Zbigniew R. Kmiecik / Language(s): English Issue: 5/2024

The consent of a party, which determines the admissibility of the administrative authority to take certain procedural actions, is one of the three most important instruments of his or her protection in administrative proceedings, next to the right to actively participate in the proceedings and the right to appeal against the decisions made. Actions requiring the consent of a party include: conducting the proceedings initiated ex officio in a matter requiring an application of a party, mediation, examining a party, stay or discontinuance of the proceedings despite the lack of objective reasons for it, the so-called self-control of the first instance authority, supplementation of evidence by the appellate authority and quashing or changing the final decision despite its compliance with the law. The paper analyzes, on the one hand, the considerations justifying the authority’s taking the above actions; on the other hand, the reasons why the provisions of law provide the party with the opportunity to block such actions of the authority by not expressing consent, i.e. potential or actual adverse consequences for the party resulting from such actions.

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Legal Security of Parties in the Aspect of Dispute Settlement in the World Trade Organization

Author(s): Wojciech Konaszczuk / Language(s): English Issue: 5/2024

One of the basic elements of world order is properly functioning legal systems of individual states. The Sars-Covid pandemic and armed conflicts around the world, including those involving Europe, have strained the certainty of legal transactions in the countries of the UN system and the need to seek new supranational solutions, especially in the field of international trade. The pillar of security is therefore becoming instruments of international law, with the World Trade Organization in mind. A special tool of this organization are the dispute settlement mechanisms to which member states must adhere. In the conducted research, the thesis was put forward that one of the guarantors of the security of legal transactions is the resolution of disputes using the basic legal tools of this organization. It was proved that disputes between states themselves become solvable if they are transferred to the WTO.

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Article 6 of the European Convention on Human Rights (right to a fair trial) in juvenile cases

Author(s): Aleksandra Nowosad / Language(s): English Issue: 5/2024

The purpose of the article is to determine whether the guarantees of Article 6 of the ECHR in the form of the right to a fair criminal trial are available in juvenile proceedings, including in the welfare model. In addition, the goal was to examine what impact international standards have had on Polish law in this regard. The article uses the formal-dogmatic method and, to a limited extent, the legal-comparative method. The article shows that the right to a fair criminal trial guaranteed by Article 6 of the ECHR also applies in juvenile proceedings. Even in legislatures that adopt a welfare model, if the Engel test leads to the conclusion that the case is criminal in nature, the guarantees apply. The impact of Article 6 of the ECHR on the criminal law of individual countries is shown on the example of Polish legislation, presenting changes in Polish law as a consequence of ECtHR judgments.

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Human Right to Court in the Convention for the Protection of Human Rights and Fundamental Freedoms

Author(s): Krzysztof Orzeszyna / Language(s): English Issue: 5/2024

The right to a fair trial has become a right of a universal nature. The idea of human rights is closely related to universal and equal treatment of all people, which means respecting the personal dignity of man. This dignity, as a condition for the individual to belong to the human species, constitutes the foundation, the basis for human rights, and the purpose, the culmination of the construction of these rights. The right to a fair trial is a subjective right of the individual, understood as an idea that any intervention in civil rights must depend on a ruling issued by an independent and impartial judicial body. On the other hand, the material scope of the right to court covers penal, civil and administrative rights decided upon by different courts according to their statutorily determined extent of jurisdiction. Although human rights are the rights of a particular human being, their protection is also an obligation of the State. It is the State which is obligated to ensure that the core of a specific human right is protected. This protection must be effective, thus not only does it apply to the content of the human right concerned, but it also comprises the procedure necessary to protect it so that the right is not illusory. The unique nature of the right to court makes it essential that the administration of justice in accordance with the principle of the right to a fair trial should be the subject of adjudication by courts and tribunals.

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Cooperation between national courts and EU institutions in competition law cases

Author(s): Peter Varga / Language(s): English Issue: 5/2024

The article explores the interplay between national courts and European Union institutions in the context of competition law enforcement of rules enshrined in Articles 101 and 102 TFEU. Cooperation between national competition authorities and national courts on one hand and EU institutions on the other hand is crucial for ensuring the effective and consistent application of competition rules. The article deals with the mechanisms of this cooperation. It examines the role of the European Commission and the Court of Justice of the European Union (CJEU) in providing guidance to national competition authorities and national courts. The article underscores the importance of a cohesive approach to competition law enforcement that is applied by national institutions of the EU member states. The concept and meaning of legal security in criminal law is well defined by Professor Jadwiga Potrzeszcz who states that "legal security is a state achieved by law established in general, and in particular by means of criminal law, in which human life’s goods and interests are protected in the most comprehensive and effective possible manner (and) harmonizes properly with the most important functions of criminal law, namely with a protective function and a guarantee function." (Potrzeszcz, 2018, p. 301) In accordance with the aforementioned definition, the author aims to introduce Criminal Codes that were in effect in the territory of present-day Slovakia, shedding light on whether they were guarantees of legal security in the state or not, i.e., whether they protected "human life’s goods and interests in the most comprehensive and effective possible manner."

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LEGAL ISSUES AND RISKS ASSOCIATED WITH IMPLEMENTATION OF ELECTRONIC REGISTER OF HUMAN GENOMIC INFORMATION IN UKRAINE

Author(s): Nataliia Martynenko / Language(s): English Issue: 01/2023

It is proposed to specify in the Law of Ukraine “On the State Registration of Human Genomic Information” some provisions regarding military personnel, policemen, members of the rank and file of the civil defense service, as well as members of voluntary formations of territorial communities, from which the selection of biological material, in the event of the implementation of martial law, will be carried out in a mandatory manner, namely: specify the possibilities of extraction and destruction of genomic information in connection with: dismissal from military service and subsequent removal from military registration; with death in order to minimize the risks of access to personal data of a person and his relatives. The Law should clearly define the structure of the Electronic Register of Human Genomic Information. Considering the fact that martial law has been implemented in Ukraine, it is necessary to introduce the following independent section “Genomic information of unidentified human corpses, their remains and parts of the human body, missing persons and close relatives of missing persons”. It has been proven that it is necessary to carefully write down the issue of information protection, namely: which body monitors compliance with information protection requirements; how to ensure the protection of the information of the Electronic Register of Human Genomic Information.

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FELURILE COMPETENȚEI GENERALE

Author(s): Alexandru Prisac / Language(s): Romanian Issue: 02/2023

In this article, the types of general competence of jurisdictional bodies in the domestic and other states' doctrine are analyzed. In particular, the classifications from the literature of the Russian Federation and Romania regarding general competence were analyzed. The problem of dividing the general competence of the jurisdictional bodies was highlighted. In the same way, our opinion regarding the types of general competence, which improves the doctrine in this field, was exposed. The criteria for classifying the types of general jurisdiction were analyzed, as well as the criteria for the proper division of the proper powers of the jurisdictional bodies to resolve civil cases.

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SFERA DE APLICARE A ART. 3 ȘI ART. 14 ÎN JURISPRUDENȚA C.E.D.O. ÎN CAZUL GRUPURILOR VULNERABILE

Author(s): Oleg Spînu / Language(s): Romanian Issue: 02/2023

The paper is devoted to the scope of application of art. 3 and art. 14 of C.E.D.O. jurisprudence, namely the principle of non-discrimination in public international law, which highlights some of the numerous cases of discrimination treated so far by the major international monitoring bodies. Primary attention being given to judicial or quasi-judicial bodies. Of particular interest and purpose of this research is the analysis of C.E.D.O jurisprudence which clearly indicates the path to be followed in other, much more serious situations, and the establishment of universal legal criteria, which can and must guide both parliamentarians and legal professions in drafting laws and in the practical application of the right to equality and the prohibition of discrimination.

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Co dalej z opodatkowaniem budowli? Kilka uwag po wyroku Trybunału Konstytucyjnego z dnia 19 lipca 2023 r., sygn. akt SK 14/21

Author(s): Tomasz Gwóźdź / Language(s): Polish Issue: 3/2024

19 lipca 2023 r. Trybunał Konstytucyjny wydał przełomowy wyrok o sygnaturze akt SK 14/21, w którym uznał definicję legalną budowli, zawartą w art. 1a ust. 1 pkt 2 ustawy o podatkach i opłatach lokalnych, za niezgodną z Konstytucją. Dotychczas istniały liczne kontrowersje i niejasności w interpretacji tej definicji, co prowadziło do powstania rozbieżnych linii orzeczniczych sądów administracyjnych i sporów w doktrynie. W orzeczeniu Trybunał Konstytucyjny zdecydował, że odwoływanie się w przepisach podatkowych do przepisów prawa budowlanego jest niezgodne z zasadami określoności prawa podatkowego i poprawnej legislacji. Zasugerował również potrzebę dokonania zmiany definicji budynku.W artykule przeanalizowane zostały najważniejsze praktyczne problemy, które występowały w ramach stosowania definicji budowli w dotychczasowym brzmie-niu, a także omówiono kluczowe orzeczenia Trybunału Konstytucyjnego oraz sądów administracyjnych w tym zakresie. Przedstawiona została także ocena wyroku Trybunału Konstytucyjnego z dnia 19 lipca 2023 r. o sygnaturze akt SK 14/21. Na końcu autor proponuje możliwe rozwiązania legislacyjne, które mogłyby być podstawą do stworzenia nowej definicji budowli – formułując tym samym postulaty le lege ferenda.

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The Consumer Protection Law in Kosovo and its Harmonisation with the EU Legislation

Author(s): Arbnor Ajeti / Language(s): English Issue: 3/2024

Ochronę konsumentów gwarantuje konstytucja Republiki Kosowa, ustawy i akty podstawowe. Opracowując ustawodawstwo dotyczące ochrony konsumentów Republika Kosowa przywiązywała wielką wagę do zbliżenia i harmonizacji ustawodawstwa Kosowa z prawodawstwem UE. Jednakże w tym artykule zwróciliśmy uwagę na pewne aspekty prawne, nad którymi należy jeszcze popracować, aby obecna ustawa o ochronie konsumentów została dostosowana i zharmonizowana z przepisami prawa UE. W artykule omówiono podstawowe prawa konsumenta ze szczególnym naciskiem na ich niedostatki

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Improving Company Law in Vietnam: Practice and Needs for Change

Author(s): Lam Van Nguyen / Language(s): English Issue: 3/2024

The history of laws regulating types of companies in Vietnam was born later than in other countries, only when Vietnam implemented the “DOI MOI” (renewal) process according to the market economy in 1986. The laws have been supplemented over time to promote and encourage investors to contribute capital to establish various business organisations. However, increasingly diverse and rich economic relations pose urgent needs for the law, on the one hand, to recognise and expand the freedom of business of its subjects, and on the other hand, to anticipate, recog-nise, and protect new associations that create unregulated types of business enti-ties. Only then can the law regulating types of companies in Vietnam establish a legal basis to promote deep integration into current international economic activities. This article analyses, evaluates, and recommends theoretical and practical issues on the laws regulating the types of companies in Vietnam.

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Freedom of Conscience of Teachers in Hungary

Author(s): Ádám Rixer / Language(s): English Issue: 3/2024

In my current study, I focus on civil servants, and within that – on the special category of teachers. I will offer a closer look at the freedom of conscience of teachers, to see what are the nodes and areas of particular interest, and what legal conflicts and possible methods of resolution are present in the legal system – within the case law and in the literature. Ultimately, I would like to answer the question of what the new results and emerging institutions of legal development are in the area under study – primarily in Hungary, but also internationally.

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Rozwój rynku usług lotniczych a kwestia ochrony środowiska

Author(s): Katarzyna Biskup-Grabowska / Language(s): Polish Issue: 2/2024

The continuous development of civil aviation, and consequently aviation infrastructure, poses challenges to legislators to minimize the negative impact of aviation activities on the environment. The article points out that there are a number of regulations that ensure the protection of the environment from aviation activities. In addition, the dynamics of the development of air operations on the territory of the Republic of Poland until 2040 was showed, and thus it was emphasized that the activities of international and European organizations as well as the national legislator should focus on the continuous increase of restrictions relating to the protection of the environment and aviation activities.

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Podmiotowy i przedmiotowy zakres odpowiedzialności konstytucyjnej przed Trybunałem Stanu

Author(s): Robert Rynkun-Werner / Language(s): Polish Issue: 3/2024

The subject of the article is an attempt to present the place of the State Tribunal i n the Polish legal order. Although this body is not a court within the meaning of the provi- sions of the Constitution of the Republic of Polnad and does not administer justice, in situations specified by law, on an exceptional basis, it may act similary to a court. Due to the fact the jurisdiction of thie Tribunal applies only to the higest state officials who commit constitutional torts and crimes in connection with their office, the study dis- cusses in detail he subjective and objective scope of this responsibility. The study was based on the dogmatic method related to analysis of the legal text and its interpreta- tion.

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Podmioty uprawnione do wniesienia skargi prywatnej w postępowaniu karnym

Author(s): Marcin Jachimowicz / Language(s): Polish Issue: 3/2024

A victim, according to Article 59 of the Code of Criminal Procedure, may, as a private prosecutor, bring and support charges for crimes prosecuted by private prosecution. In addition, another victim of the same act may, up to the commencement of the trial of the case at the main hearing, join the pending proceedings. Positive prerequisites for the initiation of private prosecution are the prosecution of a private prosecution crime, the filing and support of a private prosecution, the payment of a fee - the so-called lump-sum equivalent of expenses. Negative grounds, on the other hand, include: the accession of the prosecutor to the trial in accordance with Article 60 § 1 of the Code of Criminal Procedure, which makes the proceedings from that point on take the form of a public prosecution, the abandonment of private prosecution expressly or concretely - through the unexcused absence of the private prosecutor from the conciliation session or the main trial, the statute of limitations on criminality and other negative grounds. This study discusses the regulations contained in the Criminal Procedure Code of 1997 regarding the subjects entitled to bring a private complaint. The main thrust of the considerations undertaken by the Author is a detailed discussion of the active legal standing to initiate criminal proceedings for crimes prosecuted by private prosecution. In addition, the article includes a discussion of the issues related to the essence of cri- minal proceedings for such crimes. The research goal of the paper is to acquaint the Reader in detail with the regulations on the issues indicated here from the point of view of criminal procedural law. The main research hypothesis formulated by the Author is as follows: legal regulations on the subjects entitled to file a private complaint contained in the 1997 Law of the Code of Criminal Procedure are correct. The work uses such re- search methods as analysis of legal texts and dogmatic and jurisprudential analysis. The conclusions of the work, a detailed description of which is provided in the conclusion, confirm the research hypothesis.

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