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Przemiany użytkowanie gruntów w wybranych miastach aglomeracji górnośląskiej w latach 2005-2011

Author(s): Anna Jędrzejko,Maciej W. Wierzchowski / Language(s): Polish Issue: 93/2015

The main objective of the European cohesion policy is the convergence of the Member States, enabling civilization advancement of less developed regions. In the implementation of this kind of policy the rational use of land plays an important role. The National Spatial Development Concept 2030 assumes that the determinant of the living conditions of citizens and the local and regional development is to restore and preserve the spatial order. An interesting example enabling the realisation of such a goal is to determine the functional area at the junction of three cities: Chorzów, Ruda Śląska and Świętochłowice. This area is characterised by a similar industrial history, analogous internal (e.g. social) and external (e.g. transport) conditions, which supports the idea of undertaking joint ventures related to the rational use of land.

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«Поправки безпеки» до Митного кодексу ЄС: досвід полегшення торгівлі без загроз для зовнішньої безпеки держави

Author(s): Ivan Berezhnyuk,Igor Nestoryshen,Andriy Ocheret / Language(s): Ukrainian Issue: 28/2015

The issue of developing an effective system of customs control, which takes into account the interests of economic operators on simplifying foreign trade and the interests of the state to ensure an appropriate level of security remains unexplored at the present time. The aim of the article is to study European experience of forming an effective system of customs regulations, and to develop their own proposals for the development of a balanced system of customs regulation.The European package of laws brings together the basic concepts underlying the new security model to control the external borders of the EU, such as the harmonized system for risk assessment. Security Amendment to the Community Customs Code was published in the Official Journal of May 4, 2005 It was introduced a number of measures to strengthen security for goods crossing international borders. The amendment covers three major changes to the Customs Code: requiring traders to provide customs authorities’ information on the goods during import or export; provide reliable traders trade facilitation; introduction of common risk criteria within the Community.Based on a thorough analysis of European approaches to development of the customs administration we can summarize about the inadmissibility of a separate examination, operation and implementation of the risk management system of prior information and burnout authorized economic operator in Ukraine. These components "security amendments" in the EU are the part of a unified system that on the one hand aimed at ensuring a high level of safety of the Community and on the other - guarantees the trade community.

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ПРАВОВАЯ МОДЕЛЬ ОТНОШЕНИЙ ПО УДОВЛЕТВОРЕНИЮ СОЦИАЛЬНО-ИМУЩЕСТВЕННЫХ ПОТРЕБНОСТЕЙ КАК СИСТЕМА ВЗАИМОДЕЙСТВИЯ СРЕДСТВ ЧАСТНОГО И ПУБЛИЧНОГО ПРАВОВОГО ОБЕСПЕЧЕНИЯ

Author(s): Yana Sergeyevna Grishina / Language(s): Russian Issue: 4/2013

The article considers the possibility of using a legal model of social entrepreneurship as a basis of formation of the legal structure of relations associated with satisfaction of social and property needs of Russian citizens taking into account positive foreign experience. The construction of a theoretical model of this legal structure is proposed by optimizing interaction between the means of private and public law.

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НОВОЕ В ГРАЖДАНСКО-ПРАВОВОМ ПОЛОЖЕНИИ КРЕСТЬЯНСКИХ (ФЕРМЕРСКИХ) ХОЗЯЙСТВ

Author(s): Zavdat Fayzrakhmanovich Safin / Language(s): Russian Issue: 4/2013

This article investigates the problem of determining the civil status of peasant farms in the light of the ongoing reform of civil legislation. We analyze the legal framework of regulation of peasant farms and state that peasant farms as essential subjects of business activity occupy an intermediate position between business partnerships and companies.

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ПРАВОВЫЕ ОСНОВЫ ПРЕДПРИНИМАТЕЛЬСКОЙ ДЕЯТЕЛЬНОСТИ В СЕЛЬСКОМ ХОЗЯЙСТВЕ

Author(s): Zavdat Fayzrakhmanovich Safin,Andrey Valeryevich Mikhailov / Language(s): Russian Issue: 4/2013

The article characterizes the current state of legal regulation of entrepreneurship in agriculture. The authors investigate from legal viewpoint the basic theoretical and practical issues in this field and study various legal means that ensure agricultural development, food security in Russia, and protection of agricultural producers. The authors conclude that entrepreneurship in agriculture is of specific nature: agriculture is a sphere of intersectoral cooperation, which uses a variety of legal means of various legal entities. The mechanism of legal regulation in agriculture is reasonably organized in a way to ensure additional protection for agricultural producers.

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POSEBNE MJERE U KONTROLI KONCENTRACIJA U KONKURENCIJSKOM PRAVU EU I BIH

Author(s): Mirza Kulenović / Language(s): Bosnian Issue: 1/2016

The focus of this article are the merger remedies. The article analyses procedural and substantive aspects of this notion, and particularly the applicable general principles, conditions for its implementation, various types of measures known to the comparative competition law, the appropriateness of the application of these measure in different circumstances, all with the overview of the relevant practice of the European Commission, but also the General Court and the Court of Justice of the European Union. Particular attention is paid to the analysis of the legislation of B&H, and the practice of the Competition Council of B&H, with the aim of ascertaining the normative and factual competency for the implementation of this notion. The conclusion of the article indicates that the competition law of B&H is not completely ready for the implementation of the merger remedies - structural and behavioral - in the procedure of the control of concentrations of the undertakings concerned.

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РЕГУЛЯТОРЫ В СФЕРЕ ДЕЙСТВИЯ ПРЕДПРИНИМАТЕЛЬСКОГО ПРАВА

Author(s): Andrey Valeryevich Mikhailov / Language(s): Russian Issue: 6/2015

The concept and system of regulators of interactions within the scope of business law are considered in the paper. The value of scientific analysis of the system of regulators functioning in the studied sphere is shown. Differences between these regulators and those ones in other legal entities are discussed. Trends and prospects in the development of the system of regulators in business law are revealed.

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ВОПРОСЫ ПРАВА ИНТЕЛЛЕКТУАЛЬНОЙ СОБСТВЕННОСТИ ПРИ ВСТУПЛЕНИИ РОССИИ В ВТО

Author(s): Vadim Arkadievich Hohlov / Language(s): Russian Issue: 6/2015

The protocol on accession of the Russian Federation to the WTO differentiates the obligations of Russia. The obligations provided by paragraph 1450 of the Report of the WTO Working Group which is part of the Protocol, including those concerning intellectual property, were supposed to be executed before accession to the WTO. Therefore, there are grounds for recognizing that it is currently impossible to enforce norms allowing representation of authors (owners) without contract, such as regarding collection of compensation for violation of the exclusive right, at the territory of Russia.

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ПРОБЛЕМЫ ФОРМИРОВАНИЯ ИНСТИТУТА СОСЕДСКОГО ПРАВА В РОССИЙСКОМ ГРАЖДАНСКОМ ПРАВЕ

Author(s): Irina Aleksandrovna Emelkina / Language(s): Russian Issue: 2/2016

The paper examines problems associated with the formation of the Russian institution of restrictions on property rights in the interests of neighbors (neighbors’ rights). The purpose of the research is to develop a theoretical basis of the category of neighborly (proprietary) law for further improvement of the Russian legislation. The concept of neighboring law is defined as a set of civil law norms establishing the forms of permissible effects of the land owner on the neighboring land plot and their limits, responsibilities of the neighbor to tolerate these effects, as well as norms regulating the relations between neighbors in the event of trespass, including the manner and means of protection. A system of neighbors’ rights is developed and suggested for inclusion in the Civil Code of the Russian Federation. The content of neighbor's rights is justified as the obligation of the land owner not to prohibit any effects from the neighbor to the extent permitted by the law, as well as to demand protection of the violated rights in case of unallowable impact of the neighbor. The ineffectiveness of modern means in the Russian law to protect the rights of neighbors based on public legal regulation is proved. Reasons are given for the need to introduce private legal regulation of the relations between neighbors.

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РЕАЛИЗАЦИЯ ПРАВА НА ИНФОРМАЦИЮ КАК ФАКТИЧЕСКИЙ ПРАВОВОЙ ПЕРЕХОД В СИСТЕМУ ПОТРЕБИТЕЛЬСКИХ ОТНОШЕНИЙ

Author(s): Igor Nikolaevich Nozhnin / Language(s): Russian Issue: 2/2016

The paper considers the problems of the right of consumers to information. The purpose of the research is to develop a complex scientific idea for implementation of the right to information as the actual legal transition to the system of consumer relations. The following problems are solved during this research: to identify gaps in the legal regulation of obligations imposed on entrepreneurs; to provide analytical data of the controlling and judicial authorities, which confirm the increased threat of violation of the rights of consumers to information; to present a scheme of the civil legal mechanism for implementation of the right of consumers to information; to analyze the formation and expression of intentions as stages of the mechanism for implementation of the right of consumers to information. The research is carried out with the help of dialectic, systemic, and structural methods. The conclusion is made that gaps in the legal regulation of obligations imposed on entrepreneurs are associated with the lack of standards for disclosure of information in the sphere of consumption of goods, works, and services. The obtained analytical data of the controlling and judicial authorities confirm the increased threat of violation of the rights of consumers to information. The scheme of the civil mechanism for implementation of the right of consumers to information helps to understand the essence of obstacles for transition of consumers to the system of the consumer relations which are formed in practice. The formation and expression of intentions serve as stages of the mechanism for implementation of the right of consumers to information, which are structurally involved in the general civil legal mechanism of implementation of the rights of consumers, since implementation of the information opportunities enables free, if not particularly competent, choice of goods with the high probability of consumption of goods, works, and services complying with the safety and quality standards. The existing obstacles in implementation of opportunities that are pledged in the subjective right to information do not promote actual implementation of the system of other subjective rights of consumers. The author is convinced that enhancement of the existing Russian consumer protection law for the purpose of ensuring secured implementation of the right of consumers to information on the basis of accomplishment of precautionary and preventive functions by the standard massif is necessary.

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НЕОБХОДИМЫЕ ЭЛЕМЕНТЫ ОБЩИХ ПОЛОЖЕНИЙ О ВЕЩНЫХ ПРАВАХ

Author(s): Larisa Vladimirovna Shchennikova / Language(s): Russian Issue: 2/2016

The purpose of this research is to define the fundamental categories of corporeal right. In order to fulfill this purpose, the following objectives have been set: firstly, the principles of legal regulation of the corporeal relations should be singled out; secondly, the signs of corporeal right as a generic category combining its numerous versions should be formulated; thirdly, the properties or most important attributes of corporeal right should be determined. The research tasks have been solved with the help of the general scientific methods, such as dialectics, analysis and synthesis, abstraction and specification. Furthermore, some special methods were used: comparative legal method, technical legal method, legal modeling, and historical legal method. The obtained results are specific provisions formulated by the author as three major elements of the general provisions of corporeal right. The first conclusion is that the principles of corporeal right constitute fundamental ideas for civil regulation of the public relations in the sphere of accessory of material benefits. These principles are important for corporeal right as a separate subbranch of civil right. They should be useful for creation of regulations, i.e., in law making, and law enforcement activities. The second conclusion is that the signs of corporeal right as of a special civil category reflect the specifics of subjective corporeal right. They characterize the features of object, content, and mechanism of its civil protection. The third conclusion is that the main properties of corporeal rights are considered exclusiveness, right of benefit, and right of following. The practical value of the research consists in that its conclusions can form a theoretical basis for enhancement of the civil legislation in the sphere of corporeal rights.

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ДВЕНАДЦАТЬ ТЕЗИСОВ О ТОМ, СУЩЕСТВУЮТ ЛИ ОСНОВАНИЯ ДЛЯ ОБОСОБЛЕНИЯ ТАКОЙ НАУЧНОЙ ЮРИДИЧЕСКОЙ СПЕЦИАЛЬНОСТИ, КАК «КОММЕРЧЕСКОЕ (ТОРГОВОЕ) ПРАВО»?

Author(s): Vadim Antolyevich Belov / Language(s): Russian Issue: 2/2016

The author tries to prove the existence of reasonable grounds for separating commercial (trade) law as a particular legal specialty. The author concludes that viewing commercial (trade) law as an independent specialty will improve the level of scientific research in the area of legal regulation of commercial (trade) relations, development of legal science, and contract practices in the sphere of commerce (trade).

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Koncepcja jednolitej europejskiej przestrzeni cyfrowej na przykładzie rozporządzenia o identyfikacji elektronicznej

Author(s): Agnieszka Dragan / Language(s): Polish Issue: 2/2016

In the era of globalization and competition, the European Union for many years is trying not to fall behind the world’s economic powers, including in the field of ICT. Since 2000 EU prepares strategy for its sustainable growth. The growing demand for data will entail to all sectors of the economy by digital elements. However, to be able to do remotely, quickly and effectively use the benefits of ICT must first establish a consistent, multi-sectoral and interoperable model of cooperation and regulation, which will be Single European Digital Area. Its creating is a long and complicated process that requires mainly homogeneous and obligatory legal regulations related to the cooperation countries at the institutional level and national level within the EU. Digital Single Market is one of the most important elements of Single European Digital Area. It’s the result of strategy aims of European Union from 2010 to 2020. Digital Single Market is helping in European firms’ development in the World and in consequences to guarantee position global electronic leader for EU. An important step in achieving the objectives Single European Digital Area is adopting a regulation eIDAS, the needs of cross-border authentication. It is legal act that guarantee certainty and clarity law on electronic identification and it is modern tools of authentication of electronic data.

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Wywłaszczenie pośrednie i postępujące a ochrona inwestora w świetle międzynarodowego prawa inwestycyjnego

Author(s): Michał Bors / Language(s): Polish Issue: 1/2014

Respect for the rights of an investor’s ownership is one of the most important elements to be taken into account by an investor when deciding whether to launch an investment project in a third country. The purpose of this article is to discuss issues related to the institution of indirect and creeping expropriation in international investment law and to provide legal differences between these two institutions. In the following text, reference is made to the concept of direct expropriation known under domestic law, presenting differences about indirect and creeping expropriation, which are both unknown in Polish civil law. Differentiation of expropriation clauses shall require the presentation of how these institutions developed in public international law in the period after the World War II. The text analyses clauses present in international investment law contained in the universal treaties, regional treaties, agreements, multilateral agreements, as well as in bilateral investment treaties. The article presents the current law cases of international arbitration tribunals that have developed criteria that should be met to interpret state actions as indirect and creeping expropriation. In some cases, intervention by the state in the investor’s property is allowed for the purposes of economic regulation and is justified due to the public good or public welfare. The final part of the article discusses the category of such actions taken by the host country, known as the regulatory measures. These actions, under certain conditions, may be legal and carry no obligation to compensate.

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Вимоги процесуального законодавства в частині участі експерта при проведенні судової експертизи з економічних питань

Author(s): Olha Pugachenko / Language(s): Ukrainian Issue: 24/2013

The paper goal is to review and summarize the procedure of appointing and conducting forensic examination on economic issues.The following is singled out within the forensic economic examination: accounting and taxation documents examination, examination of documents on the economic activity of enterprises and organizations, and examination of documents related to financial and credit transactions. We have reviewed the terms and conditions of appointment and conduction of forensic examination on economic issues in the procedural legislation. Expert's certain rights, obligations and responsibilities in the Criminal Procedure Code of Ukraine, the Civil Procedure Code of Ukraine, the Commercial Procedure Code of Ukraine and the Code of Administrative Court Procedure of Ukraine.It has been established that, in general, the appointment and conduction of forensic analysis as well as forensic expert's rights, obligations and responsibilities in the procedural legislation are similar.

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Зміна механізму справляння збору за першу реєстрацію транспортного засобу: екологічний підхід

Author(s): Vitaliy Pysmennyi / Language(s): Ukrainian Issue: 24/2013

The purpose of article is the development of theoretical and practical approaches to improve the mechanism of levying of first vehicle registration fee.Foreign experience of the mechanism of levying of car registration taxes (fees), based on carbon dioxide emissions and fuel consumption, is studied. Established that environmental car registration taxes (fees) are an important source of budget revenues, spread of production and sales of low carbon and environmental vehicles. In basis of „new” first vehicle registration fee laid a provision whereby persons, who are responsible for pollution, should bear the cost for it, is offered. It will reduce the number of vehicles that do not meet international standards of environmental safety.The proposed measures will enable to increase tax revenues, ensure economical use of energy resources, and improve the ecological situation in the country and regions.

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Оснивање социјалдемократске партије Cрбије на крају процеса приватизације

Author(s): Dubravka Stajić / Language(s): Serbian Issue: 3/2010

In the paper author analyzed and evaluated the Social-Democratic Party of Serbia that had been established in December 2009 in Belgrade and attempted to make a prognosis regarding its role and place in society and political life in Serbia. Transition in Serbia, despite the warnings of numerous experts, has been going on paying the high price in the form of de-industrialization, high and permanent unemployment and poverty. The highest price was paid by the labor force in industry. Process of privatization that has been going on by the Law on Privatization has not provided for one of strategic objectives of economy: a strong domestic sector of small and middle-size companies (SMC), but instead it created a dependent economy ruled by a monopoly of multinational companies. In addition, due to the world economic crisis, the export process has stagnated, affecting the rise of the debt of the state in the period after 2008. In such situation, the Social-Democratic Party was established and in the paper the author analyzed and evaluated the program documents (Statutory Acts) that had been adopted on the party establishment congress. The programme encompasses all important questions of public life, including the reform of courts, local administration, social-market economy, improvement of the system of public health, education, cul¬ ture and environment. The programme of SDP also contains some strategic iedas on economic developement, including the public works and investments info the sector of energy and agriculture. It also suggests provision of more social help to single parents, unemployed people and old people. The author questioned how the money necessary for all these task could be provided without putting additional burden of public debt on the economy and all the citizens and suggested that the party took this issue into consideration, along with the attempt to help the economic growth of the state.

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Energy governance and compliance with the EU regulations in Poland prior to the adoption of the 2030 Energy and Climate Framework

Author(s): Dominik Smyrgała / Language(s): English Issue: 23/2016

The article analyses the most important problems related to governance of the Polish energy sector prior to the adoption of the 2030 EU Climate and Energy Policy Framework. The document was to introduce major changes in the Polish energy mix due to restrictions placed upon the emissions of the CO2 and requirements related to the renewable sources of energy. The paper argues that in fact this overshadowed the pre-existing management problems of the Polish energy sector, in many aspects more serious than the provisions of the Framework itself.

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Establishing the rule of law after communism: a comparative approach

Author(s): Elezi Gentian / Language(s): English Issue: 16/2017

Rule of law is one of the main pillars of democratic systems. The post-communist countries of Central and Eastern Europe inherited deleterious legacies regarding rule of law, which made their path to democratisation fraught with difficulties. However, it remains unclear as to how communist judicial legacies and post-communist reforms interact to affect the establishment of the rule of law. Therefore, the purpose of this article is to examine the factors determining the establishment of rule of law in postcommunist countries with a particular focus on Albania. The theoretical framework used is the ‘four-factor explanatory model’ of post-communist trajectories, focusing on (i) pre-communist experience and cultural patterns, (ii) communist regime legacies, (iii) elite strategic choices in early transition, and (iv) external influence. By analysing the impact of these factors in the Albanian case, the article aims to clarify the mechanisms that affect the establishment of the rule of law in countries similar to Albania.

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Measures and Regulations of prices in selected noble counties of the 17th and 18th centuries

Author(s): Tomáš Tandlich / Language(s): English Issue: 1/2017

The income of self-governing regions in former Hungarian Kingdom from crafts and trade represented a very important part of their budget. Nobility issued the regulations for prizes of various goods and local measures. Those legal rules were considered the most significant jurisdiction in those autonomous regions. The study wants to present regional noble counties of Bratislava, Nitra, Tekov and Spiš and their economic activities during the 17th and 18th centuries.

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