Choice-of-court Agreements in the E-commerce International Contracts

Author(s): Anabela Susana de Sousa Gonçalves / Language(s): English Issue: 1/2017

The choice-of-court agreements are a common practice in the e- commerce international contracts. In the European Union, the choice-of-courts agreements find their legal framework in Article 25 of Regulation No. 1215/2012 of the European Parliament and of the Council, of 12 December 2012, on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I bis). The purpose of this paper is to analyse the current legal framework, in the European Union, of the jurisdiction agreements in international contracts concluded in e- commerce, comparing it to the previous one, and taking into consideration the interpretative options of the European Union Court of Justice (ECJ).

Legal Aspects of Public Sector Information: Best Practices in Intellectual Property

Author(s): Cristiana Sappa,Radim Polčák,Matěj Myška,Jakub Harašta / Language(s): English Issue: 2/2014

This analysis is aimed at identifying best practices on legal rules and contractual transfers of rights in the area of public sector works in different European Union countries. A particular attention is devoted to cultural institutions legal rules and practices as well. More precisely, this document focuses on three different levels of the public sector works production and circulation: i. legal rules on protectability of works, ii. legal rules and contractual practices on rights ownership, iii. legal rules and other practices implemented within the cultural institutions. Please note that this analysis was written on the basis of national responses to the questionnaire provided by the LAPSI 2.0 partners and that this list is not intended to be exhaustive. This analysis mainly focuses on copyright, while the sui generis database protection will be further analysed at a later stage.

The Sikh Diaspora in Cyberspace - The Representation of Khalistan on the World Wide Web and its Legal Context

Author(s): Dominika Sokol / Language(s): English Issue: 2/2007

The Sikh community in India is a minority based on a religion that combines aspects of Hinduism and Islam and remained a part of India while the predominantly Islam states of Pakistan and Bangladesh were granted independence. Since the end of the 1970’s, an increasing number of Sikhs have been requestinging their own independent state: Khalistan. After the violent governmental intervention against Sikh separatists in 1984, a significant part of the Sikh diaspora joined the lobbying effort for independence employing a variety of methods including spreading the message via cyberspace. Considering the small size of the minority at 1.9 % of the Indian population, Sikhs have been disproportionately successful in spreading their message in cyberspace compared to other communities. So much so in fact that they have been censored by the Republic of India; in some cases illegally.This paper discusses the role that cyberspace played in the unification of the message of the Sikh separatist movement and the changing character of its website representation. It also examines the evolution of India’s legal framework for information technology for protecting The Republic when the sovereignty and security of the state in cyberspace is disturbed.

Přehled aktuální judikatury II/2020

Author(s): František Kasl,Jakub Klodwig,Ivana Kudláčková,Pavel Loutocký,Jakub Míšek,Tereza Novotná,Juraj Vivoda,Jakub Vostoupal,Veronika Příbaň Žolnerčíková / Language(s): Czech Issue: 22/2020

Ochrana soukromí v česko-slovenských chytrých karanténách

Author(s): Šimon Chvojka / Language(s): Czech Issue: 23/2021

The technological advancement of the general population is high, which has allowed governments to use modern technologies to combat the coronavirus. This paper focuses on the official smart quarantines in the Czech and Slovak Republics, which it describes and analyses from the right to privacy and personal data protection’s point of view. The biggest problems identified relate to insufficient applicable legal frameworks and to the proportionality of the used solution. In both cases, the problems were avoidable

Ochrana soukromí ve veřejném prostoru

Author(s): Kristýna Bónová / Language(s): Czech Issue: 25/2022

The aim of this text is to analyse how the law distinguishes between public and private space, considering the physical space. The paper will focus on places that are located on the border between private and public space. Subsequently, it will be evaluated whether such a distinction is useful at a time when people are almost constantly under the scrutiny of modern technologies . With their use, the question of conflict with the right to privacy and the protection of personal data inevitably arises.

ДИПЛОМАТИЧЕСКАТА ЛЕКСИКА КАТО ПОДСИСТЕМА НА АДМИНИСТРАТИВНИЯ СТИЛ

Author(s): Zornitsa Tancheva / Language(s): Bulgarian Issue: 2/2021

The peculiarities of the diplomatic lexicon are clearly visible when tracing them in the individual documents (annex, contracts, laws) created by the state administration, which are used after the Liberation of Bulgaria. The tracking the diplomatic lexicon contained in two types of documents - a treaty and an annex, issued in the same year and which regulate the relations between two countries. That is essential to establish both origin and specificity. The article follows the trends in usage of terms and finds categories grouped by the vocabulary appearing in two treaties and one annex.

Arta urbană: graffiti și monumente istorice

Author(s): Cristina Gheorghe,Manuela Negrilă / Language(s): Romanian Issue: 4/2022

Every day we pass beside different urban art creations and while we are surprised by the beauty of them, some of them we disapprove considering them acts of vandalism and others we contemplate them due to the acts of criminal carelessness of their owners. Are these creations protected from the legal point of view? Is sufficient such protection? Do we need another approach? This are some questions which appear in connection to the urban art creations which catches us our eye and heart in the urban life: graffiti and historical monuments to which this present article tries to answer.

Provocările comerțului internațional cu artă

Author(s): Dumitru Curti / Language(s): Romanian Issue: 4/2022

International art trade is a industry with huge profits. This article tends to emphasize the importance of a clear and predictable legal framework on the art market, which would protect both the economic interests of individuals and the interests of states in combating crime and the loss of national cultural heritage.

Dwukadencyjność w debatach parlamentarnych o wprowadzeniu limitacji kadencji wójtów, burmistrzów i prezydentów

Author(s): Maciej Drzonek / Language(s): English,Polish Issue: 4/2022

For many years, there has been a discussion in the Polish parliament on the introduction of a limit on the number of terms of office for heads of villages, mayors and presidents. In 2018, the regulation was implemented by the Law and Justice party (Prawo i Sprawiedliwość, PiS). The aim of the article is to find out whether other political parties were also in favor of introducing the two-term limit. Two hypotheses were put forward. According to the first hypothesis, political parties were generally in favour of two-term limits and, according to the second hypothesis, local politicians affiliated with parties were also in favour, while non-party local politicians were sceptical about this change. The validity of the above assumptions was checked on the basis of an analysis of parliamentary work and anonymous interviews with local politicians.

Szczegółowe przesłanki nadania stopnia doktora habilitowanego

Author(s): Dariusz Kała / Language(s): Polish Issue: 3/2022

In 2018, there was a reform of higher education in Poland. One of the effects of this reform was the modification of the requirements for awarding the degree of habilitated doctor (doktor habilitowany). The article aims to answer the question of what specific conditions must be met in order to obtain a postdoctoral degree under the current law. The article fills a gap in the science of law, since no comprehensive study has been devoted to this topic. The author presents conclusions based on an analysis of the legal status, and of the views expressed in the science of law and in judicial decisions. Consideration is also given to the purposes of the reform related to habilitation, and those included in the justification to the draft Act on Higher Education and Science, as well as the clarification of the requirements indicated by the Council for Scientific Excellence – the assembly and public administration body supervising the awarding of habilitation in Poland. In the analyses, the author used the dogmatic-legal method, the hermeneutic method, and the argumentative method. In the conclusion, the specific prerequisites that must be met in order to obtain a postdoctoral degree under the current law are indicated, namely: possession of a doctoral degree in science, possession of a scientific or artistic achievement that represents a significant contribution to the development of a specific discipline, and the demonstration of significant scientific or artistic activity carried out in more than one university, scientific institution or cultural institution, especially outside of Poland. In addition to the specific prerequisites, it is necessary to bear in mind the need to meet the general prerequisites, which are beyond the scope of this study.

The relationship between politics, legal system and financial reporting on fraud

Author(s): Kishore Singh,Pran Boolaky,Kamil Omoteso / Language(s): English Issue: 3/2022

Motivation: Fraud is a challenging problem. Its economic effects are clear – worse public services, less financially stable and profitable companies, charities deprived of resources needed for charitable purposes and diminished levels of disposable income of everyone. In every sector globally, fraud has an adverse impact on the quality of life. Fraud threatens the effective and efficient utilization of resources and hence is of great concern to industries, the whole community and academia.Research Question: Does political regime moderate the relationship between financial reporting regime and on fraud? Does the legal system moderate the relationship between financial reporting regime and on fraud? What is the impact of financial reporting regime, legal regime and political regime on fraud at national level? Idea: This study investigates how political, legal and financial reporting impacts on fraud at a country level and whether any triangular effects exist.Data: Country level data published by ACFE, World Fact book, Deloitte IAS Plus Report, IFAC Report and Economic Intelligence Unit Report on Democracy Index for 106 countries for the years 2010 to 2014 was used.Tools: To test study’s hypotheses and to determine the interactive effects of legal regime, political regime and financial reporting regime on fraud, a three-way ANOVA is used. To determine the impact of the independent variables on fraud, pooled regression analysis is used.Findings: The findings provide both theoretical and empirical evidence on the interaction effects of political, legal and financial reporting regimes on fraud. Political and legal regime has a significant interaction with financial reporting on fraud as posited by political accountability theory and legal theory. Even the main effects of each regime separately are statistically significant. Contribution: given the complex nature of frauds, the study is relevant to regulators, practising auditors, legal and political experts and politicians engaged in the debate on frauds and how to address this harmful act at a cross country level. When collusion exists between executive, legislative oversight in a full democratic regime is weakened, impacting the mechanism of fraud minimisation.

Sinteză a Raportului asupra activității desfășurate de Consiliul Legislativ în anul 2021

Author(s): CLR Redacția / Language(s): Romanian Issue: 3/2022

Anul 2021 a fost un an special având în vedere că activitatea instituţiei s-a desfășurat aproape exclusiv on-line, din cauza efectelor pandemiei de COVID-19 şi a necesității implementării unor măsuri de siguranţă pentru sănătatea colectivului din cadrul Consiliului Legislativ. Activitatea desfăşurată de Consiliul Legislativ este susținută de un microcomplex logistic și uman, format din informaticieni și profesioniști în domeniul IT, care s-a dezvoltat de-a lungul timpului proporțional cu provocările specifice. [...]

Wykorzystanie nowatorskiej technologii skanowania 3D w oględzinach na miejscu zdarzenia kryminalnego

Author(s): Agnieszka Pełdiak / Language(s): Polish Issue: 37 (1)/2022

Due to the dynamic development and technological progress in the field of forensic techniques, it is possible to use an innovative method of terrestrial 3D scanning in visual inspection activities. The aim of the article is to present the issues related to the introduction of modern 3D laser scanning technology, influencing the improvement of criminal proceedings carried out at the crime scene by prosecution. The possibility of using 3D scanning as a measurement tool at a crime scene and as a technology for recreating the course of a crime in a courtroom is analyzed. Particular attention is also paid to the research carried out by the Police School in Piła together with the Scanning and 3D Modeling Laboratory at the Institute of History of Architecture of Art and Technology of the Wrocław University of Technology and Leica Geosystems regarding the possibility of using 3D scanning systems during site inspections at crime scenes and their documentation. The focus was also on discussing the use of 3D scanning at a crime scene in the current legal status in Poland. The paper presents advantages of using and mapping this modern method at the scene and the use of this technology in the world and in Poland, which turns out to be fast, efficient and precise to a degree satisfying the requirements of modern forensics and criminal proceedings. In addition, 3D laser scanning also eliminates the need for the investigation team to return to the scene, thus simplifying the process of documenting and describing spatial data. The paper examines views of legal scholars and commentators by means of, i.a an analysis of legal literature, forensic literature and legal provisions, especially those set out in the Polish Code of Penal Proceedings.

The UNIDROIT Convention on International Interests in Mobile Equipment as the direction for security rights regulations in the COVID-19 economy

Author(s): Tomasz Tomczak / Language(s): English Issue: 37 (1)/2022

In this article some features of the Cape Town Convention security interest were juxtaposed with some features of the Polish registered pledge. The aim of such research was to answer the question which of these two instruments is better adjusted to the COVID-19 economy. On the basis of such analysis, a conclusion was made that the Cape Town Convention security interest constitutes a more flexible security right and therefore one which is better adjusted to the COVID-19 economy. In the opinion of the author, the Cape Town Convention security interest shall constitute the direction in which the Polish security rights, especially in B2B relations, should go. The research was based on an analysis of the laws in force and a comparative analysis.

Czas trwania kontroli podatkowej – glosa do wyroku Naczelnego Sądu Administracyjnego z dnia 19 lutego 2020 r., I FSK 2243/19

Author(s): Paulina Brejdak / Language(s): Polish Issue: 37 (1)/2022

The Supreme Administrative Court in the judgment discussed raised an important issue of the duration of a tax inspection at a microenterprise. The judgment clearly states that the tax authorities may not conduct such inspections that exceed the statutory time limits. Thus, the duration of an inspection with a taxpayer who is a microenterprise may not go over 12 working days consecutively. The inspection activities should be carried out in a continuous system. The duration of a tax inspection should also include the time when the inspectors are not actually present at the inspection site. An analysis of the law in force was carried out in preparing this commentary.

Interacţiunile statului şi a investitorilor străini în materie de protecţie a mediului şi a proprietăţii

Author(s): Mircea Gladchi / Language(s): English Issue: 3/2022

The article presents the forms of intercation in terms of foreign investment with reference to the protection of property interests on the one hand and the protection of the environmental interests on the other. The need to protect investors' asserts from expropriations directly related to the state's environmental interests has emerged relatively recently, but the parties to the bilateral or multilateral agreements have included provisions that protect the given values. Addressing the issue in the light of the respective agreements is a welcome thing for both the host state of investment and the investing state, each creating its own levers of protection of due interests. The effectiveness of these provisions and the settlement of the disputes arising from them remain at the dsicretion of the parties in most cases, but the mechanisms provided offer some additional guarantees to be able to make progress in both investment and environmentl protection.

Recenzja monografii Marcina Stoczkiewicza, Prawo ochrony klimatu w kontekście praw człowieka, Wolters Kluwer, Warszawa 2021

Author(s): Anna Barczak / Language(s): Polish Issue: 15/2022

Обезценяването на принципа на публичност в съдебния процес

Author(s): Mladen Mladenov / Language(s): Bulgarian Issue: 7/2022

The devaluation of the principle of publicity of the judicial process comes as a result of the imposed negative tendency to limit the number of persons present in the courtroom. It is a guiding constitutional rule that the trial of cases in all courts shall be public, except where otherwise provided by law. As an exception to the principle, the publicity of the judicial process can be limited only for reasons specified in the procedural laws. Judicial voluntarism and deviation from this principle is inadmissible.

Властова злоупотреба

Author(s): Mladen Mladenov / Language(s): Bulgarian Issue: 4/2021

Currently there is a need of serious perusal of the dimensions and harmful results from Abuse of Power, as well from possible measures against it.