Towards green banking

Author(s): Maciej Mikliński / Language(s): English Issue: 3/2023

The purpose of the study is to present, using the method of critical analysis of the literature, the selected issues accompanying the phenomenon of so-called "green banking". Green banking includes two main aspects. Internally, it manifests itself as an effort to make the operation of banks environmentally neutral. In the external aspect, i.e. the scope of banks' operation in the market, the idea of green banking is used in the selection of assets in which banks financially engage. As a result, banking institutions are becoming an important instrument for transmitting environmental policy impulses to the economy, particularly by excluding the financing of some traditional industries such as the fossil fuel industry. While the goal of climate protection itself is understandable, the manner and pace of pursuing it is no longer necessarily so. On the one hand, banks succumbing to political and social pressure are imposing pro-environmental missions on themselves, including a rapid shift away from financing the fossil fuel industry. On the other hand, such an approach results in a feedback mechanism through which the likelihood of the creation of so-called stranded assets in the financial system increases, i.e. the loss of value of bank assets previously involved in and linked to environmentally damaging industries. The magnitude of the impact of this phenomenon on the stability of the financial system is difficult to estimate, as its negative effects will not only directly affect the funds involved in certain industries but will also cause the price of commodities and thus of derivatives based on them or related to them to become unstable.

Географските означения като обекти на интелектуална собственост - същност и видове, идентифициране на географските означения като бизнес фактор

Author(s): Petar Atanasov / Language(s): Bulgarian Issue: 4/2023

The purpose of this study is to clarify the general characteristics of the geographical indications as an intellectual property right. The nature, characteristics and specificities of the geographical indications are identified. The types of geographical indications are examined according to the existing links and according to the type of product illustrated with examples of registered geographical indications under National and European system. The economic functions of the geographical indications as a business factor are analysed.

Библиотеката на Съюза на юристите в България представя

Author(s): Author Not Specified / Language(s): Bulgarian Issue: 1/2024

IMMAGINE FEMMINILE E TUTELA DELLA DONNA NELLA TARDA ANTICHITÀ

Author(s): Salvatore Puliatti / Language(s): Italian Issue: 2/2023

The survey aims to study the female condition in Roman legal and literary sources of the late imperial age. The aim is to bring out the progressive affirmation of an orientation aimed at the legal and social promotion of women, having as its purpose not only the re-evaluation of her role in the family and civil sphere, but the very protection of her intimate morality. A particular object of investigation will be some provisions of the emperors Justin I and Justinian.

PROSTITUTION IN THE CONTEXT OF ROMAN CRIMINAL LAW

Author(s): Ivana Jaramaz Reskušić / Language(s): English Issue: 2/2023

In this paper it will be shown that criminal legal position of prostitutes and pimps was the reflection of Roman policy concerning sexual as public morality. It was based, on the one hand, on the concept of honor-infamy as the framework of matrimonium iustum and, on the other hand, on the infamous but tolerable prostitution as a form of legal sexuality. Therefore, according to Augustus' lex Iulia de adulteriis coercendis prostitutes were explicitly excluded from punishment for adulterium and stuprum, by which their profession was confirmed as allowed, but at the same time, due to the infamy their position in the society was permanently marginalized. On the other hand, by this law the notion of the punishable lenocinium was established and only the husband who did not accuse his wife of her infidelity was, according to regulations of this law, considered as a pimp. Although pimping in the postclassical law was configurated as a criminal offense per se with innovatively stricter punishment, ambivalent legal position of prostitutes was retained. What is more, their profession not only remained allowed, if not also legal, trade with the aim of controlling men's sexual activities but since Caligula it became subject to taxation, precisely structured and very lucrative.

IL CASO DI LUCREZIA TRA MITO E CRITICA STORICA: ATTUALITÀ DI UN MODELLO NEL PRIMO PENSIERO ROMANO CRISTIANO

Author(s): Giovanni Brandi Cordasco Salmena / Language(s): Italian Issue: 2/2023

The well-known story of the noble Lucrezia, who committed suicide to save her honour, continues to provide, even in the thought of the Fathers of the Church, cultural parameters that they draw between legend and historical criticism. Even in the relationship between chastity and suicide it is possible to see the hierarchy of values attested by the indeuropean tradition as confirmation of a social consciousness which cannot be separated from the powerful help of the gods, which can be addressed only by virtue of the highest moral value of a people.

Преглед на актуалната регламентация и информация в областта на интелектуалната собственост

Author(s): Antoaneta Drandova / Language(s): English,Bulgarian Issue: 3/2023

Дигитален бизнес и интелектуална собственост

Author(s): Polina Stoyanova / Language(s): English,Bulgarian Issue: 3/2023

The subject of the publication is the identification of the intellectual property in digital business. The role of the digital strategy of the company for successful digital transformation is analyzed. Intellectual property in digital business models, digital business platform and digital business identity has been identified. Intellectual property in digital business has a crucial role for competitiveness, creating new value, and improving the user experience in the digital economy. Digital transformation requires new rules and relationships between businesses and consumers in a digital environment.

Трансформация на регулацията на авторското право и сродните му права в Eвропейския съюз

Author(s): Kamen Todorov / Language(s): English,Bulgarian Issue: 3/2023

The subject of this publication are the changing laws of copyright and related rights in the digital environment and intellectual property within the European Union. The analysis is based upon the rules laid down in the Directives in this area, particularly of the European Parliament and of the Council in the period from 2001 and 2019. The rapid developing digital single market and the changing socio-economic conditions lead to the necessity of adapting a modern legal framework regarding intellectual property. Therefore, a well-functioning and fair marketplace will be achieved.

Икономически аспекти на изкуствения интелект в творческите индустрии

Author(s): Dimitar Ganchev / Language(s): Bulgarian Issue: 1/2024

Artificial intelligence (AI) has become an integral part of creative markets. It has a dual nature and it can be considered both as an input and as an output. As an input AI presents a technological solution, which in its interaction with other creative inputs can be transformed into economic outputs with the characteristics of creative products. The economic life of these products is shaped by intellectual property legislation and practice, as creative markets are basically rights markets. This dual nature of AI suggests that AI acquires economic functions and characteristics, which have major consequences in terms of demand and supply, value generation, efficiency gains and productivity. While AI creates numerous opportunities it disrupts traditional creative markets and widens the digital divide. AI becomes an area of strategic importance to governments and companies.

Sunt pregatiti operatorii de platforme din Romania pentru noile obligatii de diligenta fiscala si raportare din 31 ianuarie 2024?

Author(s): Marilena Ene (Crăciun) / Language(s): Romanian Issue: 6/2023

Platform operators in Romania are required to collect certain information from reportable sellers active on those platforms, information that must be communicated to NAFA (ANAF) by January 31, 2024. This information relates to relevant activities on platforms from 1 January 2023. Who falls into the category of platform operators? Who are the reportable sellers and what information should be collected by platform operators? What are the relevant activities? The purpose of this article is to identify in the current Romanian legislation the answers to these questions, analysing also the provisions of Directive 2011/16/EU on administrative cooperation in the field of taxation, as well as prior documents issued by the European Commission in this field and their impact on taxpayers obligations.

Decizie de impunere in valoare de 1 milion de lei combatuta cu succes

Author(s): Alina Andreica,Cristina Săulescu / Language(s): Romanian Issue: 6/2023

Cabot Transfer Pricing wins an appeal against a 1 million lei tax decision received by a furniture manufacturer following a tax inspection, a decision that entailed both major adjustments to income from the sale of furniture to its own resident affiliates, as well as related VAT adjustments. The tax inspectors who carried out the control considered that the company in question - the furniture manufacturer - did not apply the contractual provisions related to the intra-group contracts and did not adjust the sales prices of goods with the possible price increases of the raw material, accordingly adjusting the revenues intra-group of society. The current decision was based on an adjustment percentage established in a previous inspection of the same taxpayer, uncontested at that time. Moreover, the tax inspectorate also decided to collect VAT on additional established incomes.

Principiile contabilizarii si impozitarii rezervelor din reevaluare aferente imobilizarilor corporale. Este legislatia aflata in vigoare pe aceasta tematica suficienta si cuprinzatoare pentru situatiile practice ce pot aparea din perspectiva rezervel

Author(s): Delia Cataramă,Bogdan Costea,Lavinia Negoiță / Language(s): Romanian Issue: 6/2023

The subject of revaluation reserves is a sensitive one, both from an accounting and a fiscal perspective and can present challenges in practice for any taxpayer/accountant/tax expert/etc. from both the perspective of the applicable accounting records and the perspective of the fiscal implications in calculating the profit tax. With specific regulations and explicit treatment in the legislation, both from an accounting and a fiscal point of view, these types of reserves require special attention regardless of the practical situation in which they arise. Thus, even in the simple case of a company holding tangible assets for a longer period of time, with no change in their use by the company, the need for their periodic revaluation to reflect them at fair value in the annual financial statements can generate issues in the company's accounting and tax records. In this article, we will focus on presenting the principles underlying the legislative text from both an accounting and a fiscal perspective, specifically on the legislator's intention regarding the rules applicable to revaluation reserves. Our analysis will materialize in the exemplification of these principles and the presentation of their application in practice, through three practical cases of operations with revaluation reserves related to tangible assets (a building, depreciable asset, as well as land, non-depreciable asset). Finally, we will present our conclusions regarding the mechanism for accounting and taxing revaluation reserves in accordance with the current legislation, but we will also highlight certain limitations of the current legal text.

Sinteza de jurisprudentă fiscala nationala

Author(s): Daniela-Ioana Stăncioi,Viorel Terzea / Language(s): Romanian Issue: 6/2023

Cu alte cuvinte, executarea unui act administrate va putea fi suspendata numai in situatia in care instanta va constata in mod temeinic indeplinirea cumulative a celor doua conditii, cazul bine justificat si paguba iminenta, cele doua conditii determinandu-se reciproc, neputandu-se vorbi despre un caz bine justificat fara a exista pericolul producerii pagubei si invers. Or, cazul bine justificat si iminenta unei pagube sunt analizate in functie de circumstantele concrete ale fiecarei cauze, fiind lasate la aprecierea judecatorului, care nu poate efectua decat o analiza sumara a aparentei dreptului, pe baza imprejurarilor de fapt si de drept prezentate de partea interesata, cu respectarea unui echilibru rezonabil intre interesul public pe care autoritatea publica este obligata sa il indeplineasca si drepturile subiective sau interesele legitime private care pot fi afectate.

Uloga državnih i ostalih tijela u finansijskim istragama krivičnih djela

Author(s): Bećir Mustafić / Language(s): Bosnian,Croatian,Serbian Issue: 29/2023

Financial investigations are conducted with the aim of determining and uncovering corrupt criminal acts, as well as securing and confiscating the proceeds of the criminal act. In this way, state institutions with their entities and bodies represent an effective instrument in the fight against property-motivated crimes. For this reason, an attack on property, which was achieved in an illegal way, is considered the heaviest blow for perpetrators of serious crimes, and tools aimed at confiscating property benefits are assessed as the best way to combat organized crime. Illegally acquired property benefits from various criminal acts are, in most cases, concealed. Conducting financial investigations by competent authorities should meet certain requirements. Professional relationship and highly professional work are the key features of financial investigations. In this regard, the prosecutor is the leading person and coordinator, who has the most extensive task in terms of managing the financial investigation. The prosecutor engages numerous state authorities and financial experts in order to collect relevant data and information, and in the function of documenting illegally acquired property benefits. In this context, it is necessary to elaborate on the role and importance of criminal process subjects and state authorities in the procedures of conducting financial investigations in the case of confiscation of illegally acquired property benefits.

The importance of selected units of the public finances sector in the Polish legal order in the context of the right to protection of health – analysis of selected issues.

Author(s): Bartosz Namieciński,Dominika Trzeszczoń / Language(s): English Issue: 48 (2)/2024

The right to health care is one of the fundamental human rights and due to its nature is vested in every man. This subject matter is especially important in the Republic of Poland as it is touches an important sphere of public units’ activity. Public funds and units of the public finances sector are both involved in the implementation of the right to health care. A health care activity may take different forms, not limited solely to the area of public life. Nevertheless, public entities play a leading role in this regards: independent public healthcare establishments and public sector units are the most important entities that operate a health care activity in Poland. This is why it needs to be recognized that the right to health care and the protection of public finances are closely interrelated. As a consequence, finances spent on health care must be allocated in an ear-marked and economical fashion as it has an impact on the stability of public finances. Relevant regulations correlate with social interest so understood and with constitutional values. This study employs mostly the method of investigation of the law in force and an analytical research method. The analysis covered legislative acts and judicial decisions. The authors also review relevant opinions of legal scholars and commentators with a particular focus on the commentary from Polish financial law writers. The aim of the conducted research is to identify the constitutional foundations of healthcare system funding in Poland. In pursuing this goal, the authors also verify financial and systemic solutions related to the constitutional right to healthcare.

GUPTA, A., NATH DWIVEDI, D., SHAH, J.: Artificial Intelligence Applications in Banking and Financial Services: Anti Money Laundering and Compliance

Author(s): Anežka Karpjáková / Language(s): Czech Issue: 29/2024

Review of: GUPTA, Abhishek., DWIVEDI NATH Dwijendra, SHAH, Jigar. Artificial Intelligence Applications in Banking and Financial Services: Anti Money Laundering and Compliance. Singapore: Springer Singapore, 2023, 228 p., ISBN: 978-981-992-57-04.

Omezení převoditelnosti dluhopisů souhlasem emitenta a právní následky jeho porušení

Author(s): Michala Špačková / Language(s): Czech Issue: 2/2024

The aim of this contribution is to find answers to questions related to the admissibility of limiting the transferability of bonds with the consent of the issuer, which was triggered by the Supreme Court’s judgment issued on 27. 4. 2023, sp. zn. 27 ICdo 30/2022. Based on the fact, that a bond as a debt security incorporates a claim, the Supreme Court applied the legal regulation of the prohibition of cesses to the question of the admissibility of limiting the transferability of bonds (§ 1881 of the Civil Code). With regard to the consequences of violating this restriction, the ineffectiveness of the transfer was subsequently argued. For the reasons discussed in more detail in this contribution, the first part of the decision, based on the thesis of equating a claim from a bond to a claim not embodied in a security (assignment of a claim), is particularly problematic. In addition to the analysis of questionable passages of the judgment, the contribution will also focus on outlining alternative considerations regarding the adjudicated question. General (rather theoretically tuned) consideration of the permissibility of limiting the right of disposition to bonds will be supplemented by a more practical interpretation of the legally approved modalities of such a limitation. The third discussion area will be devoted to issues related to the legal consequences of violating transferability restrictions.

Zapewnienie bezpieczeństwa energetycznego jako aksjologiczna podstawa regulacji prawnych oraz funkcja państwa wobec społeczeństwa i gospodarki

Author(s): Piotr Ruczkowski / Language(s): Polish Issue: 62/2023

The purpose of this paper is primarily to verify the hypothesis that the principle of ensuring energy security is one of the key axiological foundations of the Constitution for legal regulations. It is a legal principle of prescriptive nature, not merely a postulate, and one of the main functions of the state is to ensure energy security for the economy and society. Energy security is a component of the country’s security and one of the guarantees of its sovereignty and its citizens’ security and safety. It is also one of the normative (prescriptive) principles of the legal system, and thus one of the constitutional values which should form an axiological basis for any detailed legal regulations adopted in the state. Ensuring energy security is one of the functions of the state, public administration and the law towards society and the economy. Entities enacting and implementing law should take into consideration the necessity to ensure energy security both for society and entrepreneurs, for whom it is particularly important, especially in terms of fuel and energy supply continuity and the costs of doing business.

Tax amendments in times of crises in Poland and Czech Republic – selected legal aspects

Author(s): Michał Mariański,Michal Radvan / Language(s): English Issue: 64/2024

This publication is a fragment of research within the framework of broadly understood comparative tax law. The aim of this publication is to show the response of both the Polish and Czech legislators to the economic crises caused by the COVID-19 pandemic and the war in Ukraine. The methodology used in the article is related to the comparative legal method, the historical-descriptive method and the dogmatic method. The methodology in the article is chosen to show if the described different legal solutions may constitute an interesting reference to other EU countries as an example of the possible response to the future economic crisis. The purpose of this publication is also to indicate whether the analyzed countries decided to increase or reduce the tax burden and what the effectiveness of the selected legislative actions. In the conclusions, the authors indicate, among others that the COVID-19 pandemic and the war in Ukraine were for many countries a justification for changes in tax law, but the effectiveness of these actions remains at least questionable. Therefore, from the point of view of fiscal stability, in times of economic crises, appropriate solutions should always refer to the principle of legal certainty and long-term economic analysis of the effectiveness of a given amendment. This publication is, therefore, an incentive to reflect on the state of new regulations and concepts of tax law implemented in response to the economic crisis and constitute an element of a broader discussion on the impact of tax regulations on the behaviour of taxpayers and the state budget.