CEEOL - Browse Subjects Result

We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.

Comparative Analysis of the Squeeze-Out Procedure in Ukraine and the EU

10.00 €

Preview

Comparative Analysis of the Squeeze-Out Procedure in Ukraine and the EU

Author(s): Anatoliy KOSTRUBA / Language(s): English Issue: 2(30)/2024

The introduction of the squeeze-out procedure into Ukrainian law took place several years ago. It was due to the implementation of Directive 2004/25/EC of the European Parliament and of the Council of April 21, 2004 on takeover bids as part of the implementation of the Association Agreement between Ukraine and the European Union. However, the resonance of this institution in Ukrainian legislation has not only continued to grow but is also gaining momentum. The purpose of squeeze-out is to balance the interests of majority and minority shareholders. However, there are ongoing discussions in the legal profession regarding the possibility of a possible violation of the subjective rights of minority shareholders in the event of forced deprivation of their ownership of shares, the setting of the share price, and the compliance of the procedure for the compulsory sale of minority shareholders' shares with the principle of inviolability of property rights. The institute of compulsory redemption of minority shareholders' securities at the request of a person (group of persons) holding a dominant controlling stake is new to the theory and practice of domestic corporate law. In the legislation of other countries and legal doctrine, the institute of public offer is a mechanism that guarantees shareholders' rights in the process of redistribution of corporate control and takeovers and ensures a balance of private and public interests in a joint-stock company. It is characteristic of a public company's exit from the public securities market. Given the relative novelty of the relevant procedure in Ukraine, as well as its controversy, it is advisable to study it in more detail. In particular, the author believes that it is advisable to consider the squeeze-out procedure in Ukraine in comparison with the EU for a deeper study. The purpose of the article is to analyze the history of the emergence and development of the squeeze-out institute in selected countries of the world, the mechanism of its implementation in national legislation, law enforcement practice, and to identify proposals for improving legal regulation and implementation. The leading scientific method used by the author in this study is the comparative method. The main objective of the article is to compare squeeze-outs in the EU and Ukraine. The author used the comparative method to obtain the results disclosed in the article and its conclusions. It was the application of the comparative method that made it possible to identify common and distinctive features in Ukrainian and European legislation, as well as to identify differences in the implementation of forced buyouts in EU member states.

More...

FROM ONTOLOGICAL HAPPINESS TO THE RIGHT TO HAPPINESS

Author(s): Marius Andreescu,Andra Puran / Language(s): English Issue: SI/2024

In our opinion, the problem of happiness can be approached ontologically and epistemologically in three ways: 1. As a state of consciousness but also existential of man in his physical, rational and spiritual individuality. It is always relative, determined or influenced by factors external to man, but especially by the various existential situations in which man finds himself; 2. Happiness as an ontological reality not only of the individual man but also of the human being, which has no boundaries of this world and of this life. It is a permanent call of man towards the acquisition of ontological happiness, it is an expression of the transcendental dimension of the human being. Such an approach to happiness involves religious meanings and meanings, especially of Orthodoxy. 3. From a legal perspective, being a fundamental human right that generates correlative obligations for the state. As a fundamental right, it can be enshrined explicitly or only implicitly in legal and political instruments. In this way, happiness is a component of the phenomenality of human existence in the social environment. The right to happiness in the legal sense has the generality and abstract nature of the legal norm, and its guarantee and realization depends on social and economic factors, on the realization of the imperatives of the rule of law and a democratic governance regime; Happiness has a unitary ontological meaning, and none of the above ways of approaching this concept should be approached rigidly or in isolation. In this study we propose an analysis of the concept of happiness, in an interdisciplinary way: philosophical, legal and theological.

More...

СПРАВЕДЛИВОСТТА В КОНТЕКСТА НА ОТГОВОРНОСТТА НА ДЪРЖАВАТА ЗА ВРЕДИ ПРИЧИНЕНИ НА ГРАЖДАНИ И ЮРИДИЧЕСКИ ЛИЦА

Author(s): Nadezhda Yonkova / Language(s): Bulgarian Issue: 1/2024

The report examines fairness in the administration of justice, including criteria for determining compensation for non-pecuniary damages. Some mathematical models for evaluating the effectiveness of court decisions are considered.

More...

КОНСТИТУЦИОННИЯТ ПРИНЦИП ЗА НЕСЪВМЕСТИМОСТ ПРИ КАНДИДАТИТЕ ЗА СЛУЖЕБЕН МИНИСТЪР-ПРЕДСЕДАТЕЛ

Author(s): Emilia Siderova / Language(s): Bulgarian Issue: 1/2024

The legally introduced interruption of the powers of the candidates specified in Art. 99, para. 5 of the Constitution and occupying another state office, for the time that one of them is appointed acting Prime Minister, in order to avoid the consequences of the incompatibility provided for in Art. 113, contradicts the Constitution and violates their independence. Interruption of the mandate as a consequence of incompatibility is admissible only if provided for in the Constitution. The only case of interruption is regulated in Art. 68, para. 2 of the Constitution and its application by analogy or its expansive interpretation are inadmissible. The incompatibility stems from the Constitution itself, and it has direct application by virtue of Art. 5, para. 2 of it and cannot be excluded by law for other state offices.

More...

УСЛОЖНЕНА ИЗПЪЛНИТЕЛНА ДЕЙНОСТ И МНОЖЕСТВО ДЕЯНИЯ ПРИ ДЕЛИКТА

Author(s): Filip Stoyanov Radinov / Language(s): Bulgarian Issue: 1/2024

The presentation examines criminal law institutes through the prism of the law of obligations. This interdisciplinary approach aims to facilitate legal practitioners in reaching the points of contact between criminal and civil law, present in numerous cases arising in practice. It also aims to contribute to the legal doctrine of tort law, which, while benefiting from the achievements of criminal law theory, does not have its own well-developed theory regarding the elements of tort.

More...

ПО НЯКОИ ВЪПРОСИ ОТНОСНО ВЪЗМОЖНОСТТА ЗА ВРЕМЕННА ДЕРОГАЦИЯ НА ПРАВОТО НА ДОСТЪП ДО АДВОКАТ НА ЛИЦЕ, ОБЕКТ НА НАКАЗАТЕЛНО ОБВИНЕНИЕ

Author(s): Antoniy Gatov / Language(s): Bulgarian Issue: 1/2024

The following article examines situations where state authorities are derogating certain rights of charged persons in the context of ECJ’s Judgment in the case of Stachev (C-15/24 PPU). It further examines whether the domestic courts can examine and disregards evidence obtained in breach of certain domestic law or EU law requirements.

More...

ЗА ХАРАКТЕРА НА ВЪЗРАЖЕНИЕТО В РИМСКОТО ПРАВО

Author(s): Ivona Veselinova Encheva / Language(s): Bulgarian Issue: 1/2024

In this paper are discussed some of the main questions of the nature of the Roman exceptio (objection), related to its place in the systems of private and public Roman law (ius privatum and ius publicum), besides in the systems of ius praetorium and ius civile. Therefore, are presented and interpretated different Roman texts, which are of great importance in respect to the current subject. The genesis and development of the exceptio determine its’ complicated structure, consisting of both public and private elements, which also follows the specific material-processual structure of the Roman actio.

More...

ДОПУСТИМО ЛИ Е ПРИСЪЕДИНЯВАНЕ КЪМ ЧАСТНА ЖАЛБА

Author(s): Stefan Hristov Vasilev / Language(s): Bulgarian Issue: 1/2024

The topic of the report is the procedural admissibility of joining a private appeal under Civil Procedural Code. It provides overview of the legal nature of the joining and the main arguments against the applicability. The author provides his considerations in favor of the view that the joining is procedurally admissible. Also the report analyzes the implications arising from the joining and reaches final conclusions as to the specifics of its respective application.

More...

НОВИТЕ ПРЕДЛОЖЕНИЯ ОМНИБУС НА ЕВРОПЕЙСКАТА КОМИСИЯ – НАПРЕДЪК ИЛИ ОТСТЪПЛЕНИЕ НА ЕВРОПЕЙСКИЯ СЪЮЗ ОТ АНГАЖИМЕНТА КЪМ ЗЕЛЕНАТА СДЕЛКА?

Author(s): Hristina Oreshkova / Language(s): Bulgarian Issue: 1/2025

Combating climate change and global warming and achieving well-being and social and economic prosperity for all citizens of the European Union and for European and non-European companies expanding their activities in the territories of the EU Member States and beyond EU borders is a top priority of the European Parliament and a strategic objective of the EU. In support of the EU’s highest values and priorities, and in pursuit of policies to achieve the EU’s strategic objectives, the European Commission (EC) has initiated a legislative process and submitted Omnibus proposals to the European Parliament and the Council of the EU, as well as a proposal for a new Directive to amend the European Sustainability Reporting Directives, which have already been transposed into national legislation. In line with the author’s objective, the article discusses the main EC proposals in this respect and presents critical perspectives, including that of the author.

More...

Discourse and Communication Analysis of the Milošević-Tuđman Agreement: Implications for Bosnia and Herzegovina

Author(s): Mirdin Zilić,Adem Olovčić / Language(s): English Issue: 26/2024

The Karađorđevo meeting in March 1991 between Slobodan Milošević and Franjo Tuđman holds profound historical significance in the context of escalating tensions in the former Yugoslavia. This paper employs a communicology perspective to comprehensively analyze the agreement, unveiling intricate negotiation dynamics and implications for Bosnia and Herzegovina. Analyzing the Milošević-Tuđman Agreement through communicology reveals communication patterns, rhetorical strategies, and implicit messages. This framework clarifies how language shapes perceptions, influences decisions, and impacts political contexts. The analysis examines the Karađorđevo meeting’s context, outlining political developments and rising nationalism leading to the negotiations. Using primary sources, it considers various stakeholders’ arguments about the agreement’s existence and implications. Expert teams’ roles in discussing Bosnia’s partition and key individuals’ statements are scrutinized. Findings shed light on implicit messages, power dynamics, and nationalistic discourses. Results highlight the agreement’s immediate and long-term consequences on Bosnia and Herzegovina, including its role in the Bosnian War. Critiques, controversies, and alternative interpretations are addressed. In conclusion, this paper summarizes key findings, underscores contributions to scholarship, and suggests avenues for future research. Analyzing the Milošević-Tuđman Agreement through communicology deepens our understanding of complex negotiation dynamics during a critical period in Bosnia and Herzegovina’s history.

More...

Критичен анализ на законопроект на закон за посредническите услуги при сделки с недвижими имоти

Author(s): Lyubomir Tsvetanov / Language(s): Bulgarian Issue: 4/2024

The article examines the draft law on intermediary services in real estate transactions submitted to the Parliament of the Republic of Bulgaria at the end of 2023. The main provisions of the law are discussed, such as the emergence of a legal definition of a Real Estate Agency, as well as the criteria set for the creation of such an agency. The status of real estate brokers and real estate agents is explained. The role of the newly established Register of Real Estate Brokers and the Chamber of Real Estate Brokers is discussed. Several imperfections of the law and controversial issues in it are highlighted, including excessive regulation of the activity, prerequisites for reducing competition and limiting access to new market participants, the risk of increasing the price of services, the lack of possibility of judicial control over some of the acts of the Chamber of Real Estate Brokers, and others. The positive changes for the industry that the adoption of the law will lead to were also discussed, such as greater transparency, better guaranteeing the interests of service users, unification of work processes and standardization of contracts, and others.

More...

ДР ВИОЛЕТА ТАДИЋ: УЧЕНИЧКО ПОНАШАЊЕ И БЕЗБЈЕДНОСТ У ШКОЛИ

Author(s): Vladimir M. Simović / Language(s): Bosnian Issue: 46/2024

Review of: ДР ВИОЛЕТА ТАДИЋ: УЧЕНИЧКО ПОНАШАЊЕ И БЕЗБЈЕДНОСТ У ШКОЛИ, ИНСТИТУТ ЗА КРИМИНОЛОШКА И СОЦИОЛОШКА ИСТРАЖИВАЊА, БЕОГРАД, 2024, СТР. 98.

More...

Flexibility, Unpredictability and Control of Victim Status According to Art. 34 ECHRr in Recent Cases of the ECtHR

Author(s): Dimitris Liakopoulos / Language(s): English Issue: 2(30)/2024

The present work has attempted to shed light in a comparative way on some interpretative and other elements that the European Court of Human Rights (ECtHR) obtains through its jurisprudence in cases concerning the status of victim. Each case is different. The arguments presented are different. For this reason, this work makes use of the principles of flexibility, unpredictability and evaluation of the victim status according to the “commands” of the case and of the society in which we live in order to better analyze and interpret the arguments under examination. The rigorous and restrictive interpretations of the past are calculable, but not necessarily used even in today's cases as we examine in the following two cases: M.A. and others v. France and M.A. and others v. Poland. The main result of the present work is that the facts are different but the topics in common remain the status of victim, the protection of human rights, and the right of access to justice as well as the criteria used by the ECtHR itself.

More...

From Blurred Authority To Authoritarian Capital: Rethinking the Normative Roles of States, Non-State Actors and Regimes

Author(s): Monica Thiel / Language(s): English Issue: 1/2024

It is an imperative to investigate the reasons for the rise of authoritarian states in a way that will affect global democratic stability and worldwide order within international law. Although international law primarily regulates state relations, there are no regulations that address state, non-state actors and regimes’ authoritarian practices. The article introduces authoritarian capital to highlight the development of blurred authority through 5 differing national, international and transnational phases within international law. The development of authoritarian capital from states, non-state actors and regimes from the theoretical framework in the 5 phases reveal gaps within international law to adequately address declining democracy and increasing authoritarianism within national, international and transnational norms. In addition, the advancement of international law is constrained due to an under theorized state and non-state actors use of authority within institutions and legal norms. Consequently, international law emphasizes merely state behavior and obligations rather than non-state actors as participants in the law making processes. By paying attention to the 5 differing phases of authoritarian capital, the article delivers a new and improved understanding of growing types of authoritarianism within democratic countries and non-democratic countries to help legal scholars to address state and non-state actors’ increasing authoritarianism within international law.

More...

ДА ПОМНИМ И ДА ПАЗИМ ПРОЕКТА НА АЛЕКСАНДЪР СТАМБОЛИЙСКИ - ЗЕМЕДЕЛСКИЯТ АПОСТОЛ, ЗА НОВА КОНСТИТУЦИЯ, РАЗРАБОТВАН АПРИЛ-МАЙ 1923 ГОДИНА!

Author(s): Iliya Peev / Language(s): Bulgarian Issue: 1/2024

The report is dedicated to the project for a new constitution from 1923, developed by Alexander Stamboliyski, the Agricultural Apostle! An appeal has been made to find the original document, which has remained unknown for more than a century.

More...

Paprasta lietuvių kalba: pirmi žingsniai link automatinio administracinių tekstų paprastinimo

Author(s): Danguolė Kotryna Kapkan,Justina Mandravickaitė,Danguolė Kalinauskaitė,Eglė Rimkienė / Language(s): Lithuanian Issue: 45/2024

Plain language is a variety of standard language that aims to open up the content produced by experts to as wide an audience as possible, so that the target audience could easily find, understand and make use of the information (Adler, 2012; Cheek, 2010; Maaß, 2020). Plain language, which has been promoted in Western countries since the 1970s, is normally used by public institutions to provide information to the public. In Lithuania, plain language is a new concept, and in this article we present some suggestions on where to begin the development of plain Lithuanian, starting fromthe suggested principles of plain Lithuanian and on to automatic simplification of Lithuanian administrative texts. In the introductory section, we discuss the history and theoretical foundations of plain language, and justify the need for plain Lithuanian. After describing a methodology for developing plain language rules based on plain language principles from other languages and the Lithuanian guidelines for easy-to-read language (Bružaitė, Daraškienė & Vilkaitė, 2021) as well as easy-to-read language level descriptors (Bružaitė, Vilkaitė & Daraškienė, 2022), we propose and exemplify a set of basic rules for plain Lithuanian. These rules were applied in creating a parallel corpus of original administrative style texts and plain Lithuanian, which will be used for developing a solution for automatic simplification of administrative texts based on artificial intelligence. We conclude the paper with a quantitative analysis of the parallel corpus and perspectives for further research.

More...

Възникване и развитие на правната закрила на полезния модел

Author(s): Polina Pisarska / Language(s): Bulgarian Issue: 2/2023

The utility model is an object of industrial property, also known as a „small invention“. The lack of a legal definition of the concept of a utility model in Bulgarian legislation creates disputes among the scientific community about its essence. The utility model enjoys legal protection in various countries, including the legislation of the Republic of Bulgaria. One of the first enactments to provide utility model protection was the German Patent Act of 1877. Other countries, including Japan, replicated decisions adopted in German law.

More...

Необходимостта от предоставяне на предварителна закрила при уволнение на непълнолетните

Author(s): Iliyana Sabinova / Language(s): Bulgarian Issue: 2/2023

Terminating is the last stage of the individual employment relationship between the worker or the employee and the employer. The subject of the current analysis is the necessity of providing the minor worker or employee with preliminary protection in case of dismissal as a legal method for improvement of the special protection of minor labour. The focus is on the lack of preliminary protection in case of termination for people under the age of 18 years according to the current labour legislation. To argue the necessity of providing such security, we analyse the early age of adolescents and the legal consequence of preliminary protection as the main factors deciding the need for legislative change. As a result, we propose to improve labour legislation in this sense, presenting a way to fill the existing legal gap by a specific procedural order for asking permission to dismiss a minor.

More...

Dyplomacja lotnicza i kosmiczna – aspekty prawne

Author(s): Małgorzata Polkowska / Language(s): Polish Issue: 52 (1)/2025

Aerospace diplomacy has its own peculiarities due to the complex subject of regulation, which is to ensure security, both in air and space. The plane of air and space diplomacy can be referred not only to the creation of international legal norms or cooperation within the framework of international organizations, but also more broadly to other activities related to the cooperation of states. This diplomacy draws its foundations, essence and principles from public international law, of which diplomatic and consular law and diplomatic protocol are a part. Much attention was paid to issues related to the activities of international aviation and space organizations, which create a formal framework for international cooperation in the researched field. It is of great theoretical and practical importance to present the process of creating international conventions, during which the views of people and the positions of the delegating states clash. The author is looking for answers to research questions: whether and how changes in diplomacy, including virtual diplomacy, contribute to achieving the goals set by international organizations and individual countries? The author unequivocally points to the important role of international law in counteracting the unlawful seizure of air and outer space. He does so by discussing the rich achievements of international and Polish doctrine of international law, using her own experience of working in the International Civil Aviation Organization as Polish Representative in the ICAO Council.

More...

O warunkach skutecznej dyplomacji (w czasie kształtowania się nowych form multilateralizmu międzynarodowego)

Author(s): Kamil Strzępek / Language(s): Polish Issue: 52 (1)/2025

Effective public diplomacy of a state depends not only on the conditions that can be expected of those responsible for state diplomacy, but also on the conditions that refer to the international legal environment in which the state operates. Factual and legal actions performed by a state in the international arena may give rise to doubts of an interpretative nature, i.e. whether they are still performed within the legal framework of treaties concluded in the last century. This is both a result and a cause of the emergence of new forms of international multilateralism and – in general – the changing reality. The analyses carried out prove that it will be increasingly difficult for states to reach new international agreements on issues that are in their area of interest. The implementation of national interests will depend on the quality of public diplomacy.

More...