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ДОКТРИНА ПРАВА: НЕКОТОРЫЕ МЕТОДОЛОГИЧЕСКИЕ АСПЕКТЫ

Author(s): Bigruzi Bukharinovic SULEIMANOV / Language(s): Russian Issue: 1/2018

The doctrine of law is one of the most important and fascinating problems of legal science. In some legal systems, the doctrine remains a significant source of law. It means that the doctrine of the law goes beyond the scope of scientific problems and has practical value. However, many aspects of the doctrine of law remain highly controversial and ambiguous. To them we can include, among others, its constitutive features, which enable us to distinguish the legal doctrine from other sources clearly. Legal conditions constitute one of the most popular trends of doctrinal research in contemporary Russian literature on legal issues. The ambiguity of the term "doctrine" refers to different approaches that should be considered. This determines the timeliness and necessity of further research on legal doctrine.

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GREMIUM „ODPOWIEDZIALNOŚCI” I „WPŁYWU” – RADA BEZPIECZEŃSTWA ONZ W POLITYCE ZAGRANICZNEJ FEDERACJI ROSYJSKIEJ

Author(s): Damian Jarnicki / Language(s): Polish Issue: 2/2018

The United Nations can be a proof of the integration capacity of humanity but at the same time a mirror of vertical and horizontal problems. It is a sensitive organization for the global collective security system, which is often subject to criticism. It results from the critics' failure to fulfill their universal destiny, especially in the existential issue of security. The reasons for the alleged UN indolence should be seen in the structural and functional aspects of its organization and procedure. An important issue implicating a certainUN condition is a kind of dualism of provenance of the organization's destiny, based on one hand on responsibility for the fate of the world, on the other hand the tendency to influence its fate by the main states of the so-called "five" of the UN Security Council. In the context of the above observations, the specifics of the presence of the Russian Federation as one of the playmakers will be analyzed.

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WOKÓŁ ROZWAŻAŃ NAD MIĘDZYNARODOWYM SYSTEMEM OCHRONY DÓBR KULTURY W KONFLIKTACH ZBROJNYCH

Author(s): Patrycja Rutkowska / Language(s): Polish Issue: 2/2018

The article outlines the international system for the protection of cultural property set up by UNESCO, under which cultural property located in a war zone is subject to protection and due care by the belligerent parties. Moreover, three levels of protection of cultural property in armed conflicts are presented, two of which – special protection and enhanced protection – are not widely used by the signatories of the 1954 Hague Convention, as evidenced by a limited number of cultural objects that have been chosen to be covered under those protection levels. One of the reasons for the low effectiveness of legislation pertaining to the protection of cultural property has been the inclusion of the concept of military necessity to the text of the Hague Convention, which is often invoked by warring factions as the justification for the violations of their duty of protecting cultural heritage.

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ODPOWIEDZIALNOŚĆ PAŃSTWA ZA BEZPRAWNE DZIAŁANIA URZĘDNIKÓW PAŃSTWOWYCH, NARUSZAJĄCE INTERES SPOŁECZNY W ŚWIETLE PRAWA POLSKIEGO A REGULACJE UNIJNE

Author(s): Mariusz Wódka / Language(s): Polish Issue: 2/2018

Over the last fifteen years, the State Treasury has paid several billion zloty compensation for the unlawful conduct of public administration officials. Court statistics prove that the scale of the problem has been increasing. They show unequivocally that from year to year the scale of this phenomenon is growing year by year. The officials inthe state administration being the representatives of the State are equipped with the attributes of power which enable them to force people to behave in a desired way. The should be legal limits to the authority granted to them as far as the exercise of the law is concerned. However, Polish law os often not transparent enough. This results both from legislative errors and the multiplicity of regulations and legal acts and also from the inadequate interpretation of EU law by national authorities. On the other hand, the administration is a hierarchical structure with the extended power apparatus for making decisions on behalf of the society.

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Ciężar dowodu: stopień dowodu w postępowaniu sądowym. Doświadczenia Łotwy

Author(s): Tatjana I. Jurkeviča / Language(s): English Issue: 2/2022

The topicality of a subject matter burden of proof in major court proceedings is based on anambiguous understanding of the standard of proof in legal practice, that is, of the moment when a fact isconsidered to be proven or unproven. The goal of an article is to research legal regulation of burden of proofin civil procedure, administrative procedure, administrative offence procedure and criminal procedure lawand to determine standard of burdens of proof within each of these procedures. The burden of proof or dutyto prove a claimed fact is an essential element of any evidentiary proceedings. The determination ofa standard of proof is an ambiguously understood issue in legal theory and especially in legal practice.Ambiguous understanding of standard of proof in legal practice may cause determination of unproven factsas proven or vice versa, or even lead to finding innocent persons as guilty. The author, researching the burdenof proof in the so-called major court proceedings, provides an explanation of the legal aspects of its standards.

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PRAVNA ZAŠTITA INOVACIJA U CIRKULARNOJ EKONOMIJI: “IZAZOVI U ZAŠTITI INTELEKTUALNE SVOJINE“

Author(s): Selma Otuzbir - Mecan,Amira Perenda / Language(s): Bosnian Issue: 29/2024

Circular economy, which is based on waste reduction and resource reuse, requires legal protection for innovations that enable this transformation. Innovations in circular economy often involve new technologies, business models, and processes, which can be protected through patents, trademarks, industrial designs, or trade secrets. However, there are challenges in protecting innovations related to recycling, material reuse, and sustainable manufacturing processes, as these innovations often do not fit into traditional legal frameworks. Additionally, there are barriers to protecting business models and methods that are crucial for the circular economy, as well as legal challenges related to competition and monopolistic practices. Furthermore, new technologies such as blockchain can assist in tracking product life cycles, but they raise issues regarding data protection and security. For the successful development of the circular economy, it is necessary to improve legal frameworks and develop new legal tools that will support innovations, ensure competition, and protect the environment.

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PRAVNI OKVIRI CIRKULARNE EKONOMIJE U BOSNI I HERCEGOVINI

Author(s): Halid Ganija,Arif Ganija / Language(s): Bosnian Issue: 29/2024

The circular economy represents a model of sustainable development that focuses on reducing waste, reusing resources and creating closed circles in production processes. In Bosnia and Herzegovina, it can be said that the concept of circular economy is in its initial phase, i.e. it is still developing. Of course there are certain initiatives and challenges that are key for development. Namely, the state of Bosnia and Herzegovina still does not have specific laws that directly regulate the circular economy, with the fact that certain aspects are incorporated into the legislation on environmental protection, waste management and energy efficiency. Most of the industries in Bosnia and Herzegovina functions according to linear economic model, i.e. production - consumption - waste. It is very important for BiH that the creation of strategies and legislation for the circular economy are harmonized with the EU directives. As an important possible step for the development of the circular economy is education and awareness raising of citizens and companies on the advantages of recycling, energy efficiency and sustainable production. Also, subsidies and financial support are necessary for companies that want to lead into CE practices. The circular economy represents a great potential for Bosnia and Herzegovina, but it is only possible with the mutual effort of the government, private sector and citizens.

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PRAVNE PRETPOSTAVKE ZA ODRŽIV MODEL POSLOVANJA PUTEM CIRKULARNE EKONOMIJE U BOSNI I HERCEGOVINI

Author(s): Remzija Kadrić,Edin Ramić,Ismet Šabotić,Žana Arsić / Language(s): Bosnian Issue: 29/2024

The main motive of the scientific research from the title of the topic is reflected in the need to provide the modern business model, through forms of circular economy, with the necessary legal assumptions, by passing appropriate laws and other accompanying regulations in the implementation of those laws, without which, in modern democratic states, in which includes Bosnia and Herzegovina, it is not possible to establish such, as well as other forms of business, of interest to society and the state. The regulations in the field of business through the circular economy are still insufficient to be able to follow the standards valid within the European Union. Current laws in the field of waste management, in both Entities in BiH, to a certain extent, are harmonized with the European Directive on landfilling, no. 1999/31/ EC. he paper itself provides a detailed analysis of the current regulations in this area, along with proposals and recommendations for their additions, all with the aim of greater benefit for society. In the implementation of this modern form of business, the cooperation of all levels of government in Bosnia and Herzegovina is necessary, with the support of the academic community and the media.

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INTERNATIONAL INVESTMENT ARBITRATION – AN OUTLOOK FROM CROATIA

Author(s): Paula Poretti,Mirela Župan / Language(s): English Issue: 4/2024

Since Croatia’s establishment as a sovereign country in the early 1990s, foreign investments have been identified as a strategic priority of its economic policy. Croatia seeks to provide a stable legal environment for foreign investors through its domestic rules, EU law or bilateral investment treaties. Providing legal protection in international investment disputes is a challenging task, and requires careful balancing between protecting private investor interests and the public interest in the State of investment. Entrusting this task to ad hoc arbitration tribunals, which adjudicate based on a specific body of investment law, and its open concepts, has been under increasing criticism, leading to a conclusion that the characteristics that distinguish arbitration from court proceedings are, at the same time, its greatest shortcomings. On the trail of this reflection, and following the Achmea case, there is increasing advocacy for establishing a special EU court for international investment disputes. This paper focuses, however, on the investment dispute resolution before ICSID involving Croatia either as the respondent or the home state in the last half decade.

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Jiřina Navrátilová ‒ Libor Botek (ed.): Šetření sexuálních deliktů v církvi a ve státě (Olomouc: Univerzita Palackého v Olomouci, 2024, 274 stran, ISBN 978 80 244 6474 9 /print/, ISBN 978 80 244 6475 6 /online: iPDF/)

Author(s): Jiří Kašný / Language(s): Czech Issue: 4/2024

Review of: Botek, Libor, ed. a Navrátilová, Jiřina, ed. Šetření sexuálních deliktů v církvi a ve státě. 1. edition. Olomouc: Univerzita Palackého v Olomouci, 2024. 274 pagess. ISBN 978-80-244-6474-9.

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Navigating the Digital Seas: Free Movement of Services in the Digital Single Market

Author(s): Ovidiu Ioan DUMITRU,Iulia-Alexandra Didu / Language(s): English Issue: 1/2024

The harmonisation of the European Union's Digital Services Law epitomises a joint collaboration in the making of a legal framework where innovation and economic growth may find fertile ground. The convergence of such legal frameworks would not turn out to be an idle bureaucratic practice, but a visionary step toward a digitally integrated Europe. This harmonisation process means evading legal uncertainties and incoherencies deterring the smooth delivery of digital services by bringing national laws into line with overarching EU directives. This study, therefore, seeks to look at the detailed legal and regulatory framework that shapes the notion of a unified Digital Single Market in the European Union. With services crossing borders so easily, this article explains the subtle balance that has to be struck in a bid to nurture innovation while maintaining consumer rights, non-distorted competition, and data privacy. The narrative meanders to the pivotal legislative milestones of the Digital Services Act and the Digital Markets Act as a way to appraise the transformation this will exact on service providers and consumers alike. It contemplates the subtleties of cross-border data flows, dismantling barriers to digital trade, and emphasising harmonisation at the level of national rules in this domain. By providing a comprehensive analysis of current policies and landmark decisions of the European Court of Justice, the article underlines an urgent need for a smooth-acting, responsive legal framework - one that will foster the growth of the digital economy while protecting the fundamental rights of citizens. It further emphasises the ethos of collaboration amongst member states in the EU and stands to uphold a uniform approach in the mastering of the complexities surrounding service provision in the digital market, displaying that the DSM is resilient and inclusive in the whirlwind created by technological evolution.

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Blockchain Technology, Perspectives of a New Way of Banking

Author(s): Dragoș Mihail Mănescu / Language(s): English Issue: 1/2024

The paper puts face to face the blockchain technology and the services attached to it in the field of Decentralised Finance (DeFI) as it tries to answer to questions related to the efficiency of its use and the means to regulate this type of new financial services. At the same time, it proposes a series of technical and legislative solutions in order to mitigate the risks for businesses and consumers and to prevent any systemic dangers for the financial and banking system.

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Should the Rich Pay More - Even in Socialism or Rather only in Socialism?

Author(s): Kinga PÉTERVÁRI / Language(s): English Issue: 2/2024

This paper discusses the arguments that were used in the parliamentary debates in Hungary when the introduction of the personal income tax in 1987 was discussed in the plenary session. The thesis is that the reasoning in the national assembly towards the end of the socialist regime in Hungary could be analysed as a real parliamentary debate back then, because the less influential a national assembly is, the more informative its debate may be. So owe to its fairly irrelevant, non-influential therefore more informative dispute, the reasonings may be studied. Although no doubt occurred that the personal income tax should be progressive, the reliance on data in a secretive socialist country did raise some questions. Indeed, the objective of the progressive personal income tax cannot be achieved without an overall trust in the system. Yet, this trust was everything but obvious during the discussion. Besides, applying the justifications of the Huerlimann-Brownlee-Ide pattern of arguments used for in the political debates after WWII in matters of taxation, it is interesting to construct the Hungarian debate in this context too: Hungary even in the socialism, proved to be rather closer to a non-consensual society than not, which provided for tax regimes ad-hoc, reacting to the crisis at hand, where nonetheless the reasonings of the traditional social democrats were used so as to create a competitive - non-consensual - eonomy. Thus the reasonings are closer to the consensual policy-making model, but the aim is to deal with a crisis mobilization model: 'if you want to achieve something you have to do it on your own'.

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SOCIAL PARADIGM OF LAW

Author(s): Oana Andra Niță / Language(s): English Issue: 18/2022

The need for a coherent framework of rules in the life of the citizen and the environment which he lives in is a fundamental element, being an important premise for the free and healthy development of society. The natural expectations of the individual are to ensure a safe life, enjoy high-quality health and education system, ensure public order etc. All these living conditions can be offered only by the form of social system, which is a form of organization that men preferred to embrace when they decided to give up their original freedom. Consequently, the state institutions are the ones that have the decisive role in achieving the legislative framework of a society. Thus, the adoption of normative acts must be based on the principle according to which society is not governed by arbitrary decisions of the members of the state administration, but by the law.

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70 let právní vědy na stránkách časopisu Acta Universitatis Carolinae Iuridica

Author(s): Pavel Maršálek,Václav Pavlíček,Miroslav Sedláček,Alena Winterová,Stanislava Černá,Monika Pauknerová,Kristina Koldinská,Jan Pichrt,Martin Kopecký,Radim Boháč,Roman Vybíral,Vladimír Pelc,Vojtěch Stejskal,Pavel Šturma,Michal Tomášek / Language(s): Czech Issue: 1/2025

The paper reflects on the seventy-year history of Acta Universitatis Carolinae Iuridica, one of the oldest law reviews in the Czech Republic. It focuses on the changes in its content and scope in relation to social and political events, from ideological influences in its early years to its internationalization and inclusion in the Scopus database. The aim of the paper is to analyze the journal’s development concerning various legal disciplines and highlight its role in aligning national law with EU law, as well as its significance for legal scholarship at both the national and international levels. Special attention is given to its contribution to the development of the theoretical foundations of national law and their practical application.

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Může soud dotvořením práva pomoci zaměstnanci se zdravotním postižením?

Author(s): Nicolas Ölveczky / Language(s): Czech Issue: 1/2025

In this paper I attempt to examine the question of whether the court can aid an employee with a disability through judicial law-making. I do so by analysing the Supreme Court’s decision 21 Cdo 1276/2016. I will try to demonstrate, that it did not in my opinion consider and reflect the EU and international approach to the integration of employees with disabilities into the workforce with a sufficient degree of intensity. I introduce these approaches, and I try to showcase their possible relevance to Czech case law. I overall try to assess the decision in terms of the (in)admissibility of its judicial law-making. This means that I am attempting to determine whether the court has impermissibly encroached (by the way it interprets the law) upon the legislative authority of parliament. I firstly address the issue of judicial law-making itself theoretically and then through case law. In the case law section, I outline a “methodology”, describing a procedure a court should follow when wanting to engage in judicial law-making. I then analyse the case 21 Cdo 1276/2016 through the lens of the theoretical setting, “methodology”, and knowledge of the EU and international approach. I point out its legal framework, present its two legal conclusions, and I attempt to evaluate them in terms of their conformity with the approaches, and their (in)admissibility respectively. I affirmatively answer the question posed in the title in this part of the text in the context of a specific labor law case. I then outline the abstract implications derivable from such an analysis in the conclusion. There I provide a positive answer to the question posed in the title in a general way. Finally, I note the non-exhaustive, practicality, topicality, and interdisciplinary applicability of the topic of judicial law-making as a whole.

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RO e-Transport în contextul dreptului Uniunii Europene. Compatibilitate sau incompatibilitate?

Author(s): Vasile Ianovici,Szilárd Gáspár-Szilágyi / Language(s): Romanian Issue: 3/2024

The purpose of this article is to analyze the compatibility of the RO e‑Transport system and its implementation with European Union law. Although this system is intended to combat VAT evasion and illicit trade in goods, RO‑e Transport in its current form discriminates between domestic and intra‑EU transactions. The system’s compatibility with EU law will be analyzed from three different perspectives. First, we note that there is an incompatibility with Regulation no. 1100/2008, which prohibits a series of controls on the intra‑EU transport of goods and freight carriers at the intra‑EU borders of Member States. Secondly, the system and its implementation amount to measures having an equivalent effect, which are prohibited by articles 34 and 35 of the TFEU. Finally, we find that the system and the fines it envisages are not in line with the provisions of art. 273 of the VAT Directive (no. 2016/2011).

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A GLANCE AT LEGAL PRINCIPLES AND THE PRINCIPLE OF EQUALITY

Author(s): Velçani Majlinda / Language(s): English Issue: 2/2025

The aim of this paper is to examine the significance of legal principles within the legal system, with a particular focus on the principle of equality. Legal principles are closely associated with the rule of law and the safeguarding of fundamental rights. The most crucial principles are established by the state through legal norms, highlighting the importance of equality and non-discrimination, justice, social protection, and others, while there are also principles that, although not formal norms, nonetheless exert a normative influence and have relative authority. Non-normative principles serve as guidelines for action or indicators for both the proper enforcement of the aforementioned norms and the equitable resolution of cases. Conversely, general principles are integrated into positive law, which creates essential rules for the operation of the system itself. Historically, legal principles in legal theory have been predominantly associated with classical legal philosophy, particularly the theory of natural law. Principles are fundamental in shaping any social system. They act as essential tools for meaningfully interpreting social reality understood as a social system. A necessary condition for the system's existence is that it has its own objectives and a significant focus, which is represented by some of its components. This is the function of principles. The rule of law serves as a guiding principle for states in exercising authority over individuals. The rule of law assumes a positivist view of law, which inherently includes the general principle of the rule of law. The entire analysis is grounded in an epistemological approach to understanding concepts and addressing issues.

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DERECHOS FUNDAMENTALES Y GLOBALIZACIÓN: FACTORES DE INFLUJO MUNDIAL EN TENSIÓN

Author(s): Vega Ricardo Tapia,Oscar Samario Hernández / Language(s): Spanish Issue: 2/2025

This work exposes the internationalization of fundamental rights after the last post-world war, and the globalization of neoliberal capitalism based on the phenomenon known as globalization; and presents some reflections on the evident tension between these two vectors of homogenization of current international society.

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PUBLIC LAW AND GOVERNANCE: ANALYZING THE IMPACT OF THE REFERENDUM THROUGH THE LENS OF THE CONSTITUȚIONAL COURT’S JURISPRUDENCE

Author(s): Camelia Elena Goleanu / Language(s): English Issue: 2/2025

Referendum is a democratic instrument through which citizens can directly express their will on certain issues of public interest such as the amendment of the constitution, the dismissal of the President of Romania, issues of national interest, issues of local interest. The impact of the referendum in terms of case law can be analyzed as an expression of national sovereignty, decisions taken by referendum are considered legitimate. The effects of the decisions can significantly influence legislation, leading to constitutional or legislative changes and reflecting both the legitimacy of the popular will and the need to respect legal norms and protect fundamental rights. The Constitutional Court plays an important role in balancing these aspects. In view of the criticisms and challenges that have arisen over time regarding the organization, conduct and results of the referendum, a unified electoral and referendum regulation, respectively an electoral code, would create greater legislative stability and prevent some abuses or political interests from being exercised in this context.

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