Podstawy prawne zatrudniania osób odbywających karę pozbawienia wolności

Author(s): Renata Badowiec,Marzena Szabłowska-Juckiewicz / Language(s): Polish Issue: 2/2022

The work of convicts is one of the essential elements of the process of executing imprisonment sentences. Work should be provided primarily to convicts who are obliged to pay maintenance payments, but also to those who have a particularly difficult financial, personal or family situation. The purpose of the article is to present the legal grounds for employing people serving a prison sentence. This article presents the legal norms regulating the possibility of employing people serving a prison sentence on the basis of a referral to work and other legal forms listed in Article 121 § 2 of the Executive Penal Code of 1997. The considerations lead primarily to the conclusion that, regardless of the choice of legal form of employment, the priority is to achieve the objectives of imprisonment; however, the form of employment of people serving a sentence of imprisonment affects the manner of shaping legal relations between the convicted person and the entity for whom he is working.

Генералният директор на Българското национално радио и казусът с временното спиране на национална програма „Хоризонт“

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 10/2020

The article comments on the administrative law issues related to the unprecedented suspension of the distribution of the national program “Horizon” of the Bulgarian National Radio on 13.9.2019, which caused the early termination of the mandate of the General Director of the media due to a gross violation of the principle of media services. As the person responsible for the programming policy of the public media service provider, the General Director is obliged to guarantee the citizens‘ right to information. Failure to fulfil this public duty is grounds for his removal from office.

Yabancılar Hukukunda Sınırdışı Etme İşlemi

Author(s): Aynaz UĞUR / Language(s): Turkish Issue: 24/2022

According to sovereign state doctrine in international law, the state decides to permit or deport a foreigner. The most important thing is the obedience of state to the local and international law. There are a lot of international conventions for protecting foreigners from deportation. In Turkish foreigners law the state has a great discretion about deport. At that time the foreigners feels that there is no legal security. Because of this state should comply with the law during its power of discretion. In Türkish law the deport procedure is organized with four different codes: YİSHK/5683-PK/5682-TVK/403-CİK/647. The most important one is YİSHK. Article 19 of it contains uncertain words. Because of this it causes a lot of cases. Deport is an extraordinary application which causes big scars in foreigners life. Then it should be determined more seriously by law.

Natura juridică a hotărârii prin care organul deliberativ al unităţii administrativ teritoriale dispune înstrăinarea unui bun proprietate privată

Author(s): Ana-Maria Dobreanu / Language(s): Romanian Issue: 1/2022

Public and private property management is one of the main activities of local public authorities, activity which is reflected in the legal documents the public authorities issue and/or conclude when they dispose of the property they own. In their capacity as public subjects, the local public authorities issue/conclude legal documents in public power regime following the execution of the law or the provision of public services, while in their capacity as private subjects, the local public authorities issue/conclude legal documents as any other individual without pursuing the organization of the execution of the law or the concrete execution of the laws or other legal/regulatory acts. Therefore, when exercising the duty/power to manage the private interests of the administrative-territorial unit, the deliberative body has the role of a managing body that expresses the will of the legal person it represents. The distinction between acts of local public authorities issued in public power and acts of local public authorities issued in private law is of particular importance from the perspective of the competent body to verify the legality of such acts, which is why, in order to prevent possible abuses, in the end of this study I will make a proposal for changing the law that will balance the civil legal regime applicable to private law acts issued by local public authorities.

Спазване на принципа за неизменност на съдебния състав в контекста на актуални предложения за нормативни промени

Author(s): Tsvetomir Panchev / Language(s): Bulgarian Issue: 1/2022

This article is an attempt to interpret the proposals for amendments of the Judiciary Act, prepared by the Ministry of Justice, containing regulations related to the closure of Specialized Public Prosecutor’s Office and the Specialized Criminal Courts there. In particular, the study focuses on the regulation related to the completion of pending court proceedings of specialized courts, through the prism of strict compliance with the well-known principle of constancy of the court in penal procedures. The author’s aim is to provide a complex of arguments to prove the fundamental importance of the principles of the Bulgarian criminal process, as an important basis of knowledge for planning and assessing the quality of each legislative initiative.

Развитие на административно-териториалното устройство в България след Освобождението

Author(s): Radoslav Mitev / Language(s): Bulgarian Issue: 1/2022

The article offers a brief overview of the development of the administrative-territorial units in Bulgaria after the Liberation to present days. They are the system through which the state government is implemented, both in the units at the level of local self-government and the government of the central state bodies. The administrative-territorial structure always expresses the specifics of governance in a country and it is a fundamental and significant feature of its constitutional organization and practical governance structure. The administrative-territorial division also reflects the delicate balance between the powers of the state authorities and the bodies of local self-government, determining the territorial scope of the local bodies and the possibilities for control of the territorial state authorities.

Правното значение на електронните фишове и актуалните проблеми в съдебната практика

Author(s): Vasil Iliev / Language(s): Bulgarian Issue: 1/2022

The study is oriented to provide information on the legal nature of the electronic fines and the current issues around the case law. The general principles of the implementation of control by the administrative authority, a way of appealing the fines, followed by the current problems in case law will be discussed.

Адміністративно-правове регулювання надання фінансових послуг в Україні: порівняльний аспект

Author(s): Roman Vladimirovich SHAPOVAL,Ruslan Orlovskiy,Kristina Vladimirovna Solntseva / Language(s): Ukrainian Issue: 157/2022

The formation of an appropriate mechanism of administrative and legal regulation of services in the field of financing was carried out at each stage of its development by annually expanding the theoretical (legislative and doctrinal-scientific) and practical basis, providing greater opportunities for consumers to exercise their rights to prompt and prompt service. To date, the topic studied by the authors is one of the most developed in Ukraine. The article analyzes the possibility of formulating a quality mechanism of administrative and legal regulation of financial services in Ukraine through the prism of European integration processes and preventive measures. An extensive analysis of the current financial system of Ukraine is given. The administrative-legal, informational and anti-corruption components of the regulation of financial services are highlighted. It was also found that an important new form of incentive funding for the regions were competitions for budget subventions for the achievement of achievements, rather than their absolute level, which allows them to participate effectively in depressed regions. The strategy of development of the Ukrainian financial market is aimed at its transformation into the main mechanism for attracting investment by Ukrainian companies, creating conditions for effective investment of private and pension savings. The authors revealed the steps and stages of establishing the procedure for providing financial services in terms of such an integral principle of the modern formation of the process of providing services in Ukraine as the principle of service. As a result of the study, in addition to the classic administrative component of financial services, information and anti-corruption services were singled out. The general and special jurisdiction for committing offenses in the field of regulation of financial services at the level of bylaws of Ukraine is analyzed.

Asociatul unic între optimizare fiscală şi abuzul de drept

Author(s): Ioana Maria Costea / Language(s): Romanian Issue: 3/2022

This study aims to analyze from the perspective of the provisions of tax law, the viability and sustainability of entrepreneurial solutions for sole proprietorships of companies. The study raises questions about the reality of this professional profile, the tax consequences of doing business in this scenario compared to other formulas and especially to propose remedies in the name of tax equity for abusive tax practice.

Persoana juridică afiliată: aspecte legale şi jurisprudenţiale în dreptul european şi dreptul naţional

Author(s): Marius-Cosmin Macovei / Language(s): Romanian Issue: 3/2022

Affiliate entity represents an avatar of the legal entity that has generated and continues to generate different interpretations of the provisions of tax law, from a legal and economic point of view, due to the subjective nature of its relationship with other persons that it controls directly or indirectly. This situation is provided in the context of the transfer prices at which the legal person is obliged to carry out its activity, namely the sale of goods or the provision of services, both to affiliates and to independent persons, when transferring its taxable income between various states for optimizing the effective tax. Thus, in this paper will be exposed the affiliation situations of the legal entity and the procedure of transfer pricing within the affiliation relationship.

O możliwości kształtowania świadomości konstytucyjnej przez sądy administracyjne

Author(s): Anna Chmielarz-Grochal / Language(s): Polish Issue: 2/2022

The article aims to show how administrative courts (in particular the Supreme Administrative Court) participate in shaping the constitutional consciousness of citizens. The main thesis of the article boils down to the statement that administrative courts shape constitutional consciousness through direct application of the provisions of the fundamental law. This thesis corresponds to the assumption that justifications of the judgments being the effect of the application of the constitution have an educational value. Examples from the practice of judicial application of Article 2, provisions on fundamental rights (including those that have the nature of principles: Article 30 and Article 32), and Article 45 in conjunction with Article 184 of the Polish Constitution show that the justifications may fulfill the role of a carrier of knowledge about the fundamental law, the legal institutions regulated by it, and the essence of fundamental rights, taking into account the role of a court as a guarantor of the protection of individual rights.

Od ochrony prawnej ku prawom zwierząt – między świadomością moralną a prawną. Ewolucja podejścia na przykładzie orzecznictwa sądowoadministracyjnego

Author(s): Anna Kalisz,Dorota Pawlicka / Language(s): Polish Issue: 2/2022

The aim of the article is to analyse the possibility and necessity of empowering animals as ‘non-personal’ legal subjects under Polish law, indicating the relevant case law (of ordinary and, mainly, administrative courts). The research assumption is the statement that, although administrative case law contains elements of a fairly progressive approach that results in an interpretation of the applicable provisions on the protection and (rudimentarily regulated) animal rights, the existing provisions are far from sufficient and leave quite a lot of room for a very flexible interpretation. That may lead not solely to an animal-friendly interpretation, but also to abuses against them. Therefore, postulated amendments concerning constitutional protection of animal rights deserve attention, as they would be important for the systemic interpretation of law. The research subject is both philosophical and legal literature, as well as case law. The main method is the logico-linguistic analysis (with some elements of historical and comparative approach) of texts on philosophy, including legal philosophy and ethics, as well as the analysis of case law. The research findings have a mixed, descriptive-and-normative character, while the above combination of ethics, legal theory, and legal practice both manifests the evolution of the approach to the titular matter and makes an original contribution to jurisprudence as a scientific discipline.

Wybór stylu życia a świadomość praw podstawowych

Author(s): Bartosz Wojciechowski / Language(s): Polish Issue: 2/2022

The article deals with the need for acceptance of pluralism of ways of life in modern legal orders, which should allow each individual to find his or her own modus vivendi in a diverse world. Such an attitude is particularly important in the discussion on LGBTQ rights, for which the starting point is the case law of the Supreme Administrative Court in these matters. The author points out that proper exercise of rights and tolerance for pluralism of values, beliefs and ways of life is not possible without legal consciousness of the entities belonging to certain minorities, which is built by a sensitive and pluralistic attitude of judges, reflected in their judgments.

Kwalifikacja znaku towarowego jako renomowanego – uwagi w świetle orzeczeń sądów administracyjnych

Author(s): Magdalena Rutkowska-Sowa / Language(s): Polish Issue: 1/2022

On 16 June 2021, as a result of a cassation appeal, the Supreme Administrative Court (SAC) ruled that the reputation of a trademark is not determined by its qualitative aspects. This position should not come as a surprise, two decades after the judgment in the General Motors Corporation v. Yplon SA (Chevy) case. However, the justification of the SAC ruling indicates that in proceedings before the Patent Office of the Republic of Poland and Polish administrative courts, one cannot predict the exact interpretation these authorities will make. This article discusses the jurisprudence of the administrative courts in the field of the concept of trademarks with a reputation; it focuses on the quantitative and qualitative approach and refers to the scope of the binding of Polish courts by the interpretation of the law by the EU courts.

Majoritățile în Codul administrativ

Author(s): Dana Apostol Tofan / Language(s): Romanian Issue: 2/2022

Au début, l'étude examine d’un point de vue générale, la doctrine concernant les majorités et les définitions du quorum et de la majorité requises pour l'adoption d'un acte ainsi que les définitions des trois catégories de majorités : simple, absolue et qualifiée. Tant le quorum requis pour qu'une séance ait lieu légalement que la majorité requise pour l'adoption d'un acte administratif visent exclusivement les organes collégiaux. Le contenu proprement dit de l'article concerne les dispositions du Code administratif qui se réfèrent aux majorités, à savoir: celles contenues dans la partie concernant l'administration publique centrale, surtout celles contenues dans la partie concertant l'administration publique locale et enfin, celles contenues dans la partie concernant les fonctionnaires.

Библиотеката на СЮБ представя

Author(s): Author Not Specified / Language(s): Bulgarian Issue: 6/2021

UPRAVNE STVARI U OPĆIM I POSEBNIM UPRAVNIM POSTUPCIMA U BOSNI I HERCEGOVINI

Author(s): Fuad Purišević,Senad Hasanspahić / Language(s): Bosnian Issue: 1/2022

The meaning and significance of the administrative procedure consists in the adoption of proper and legal administrative acts. Therefore, specific administrative matters are resolved in a proper and lawful manner only with the lawful and proper treatment of the competent authorities in resolving administrative matters, and only with proper and adequate regulation of administrative proceedings. This means that activities in administrative proceedings must be performed equally in equal situations when resolving administrative matters in administrative proceedings, and when adopting administrative acts according to the uniform rules of administrative procedural law. Only such a solution of administrative matters is a guarantee for the realization and functioning of the rule of law, which in fact represents the most important social interest. In this way, conditions were created so that the administration does not implement the personal will, but the will of the representative bodies, and not in the way it wants, but in the way prescribed by the norms of administrative procedural law. In general, administrative procedural law is a set of legal rules that determine the manner of action, that is, the processing of administrative matters by authorized bodies, organizations and communities. In this way, material and formal legality in resolving administrative matters is ensured, and they are the subject of administrative proceedings.The administrative procedure enables proper application of material regulations, for which the proper conduct of the administrative procedure is a precondition. This procedure actually leads to material truth, but not to the detriment of the protection of the rights and legal interests of the parties and other participants in the procedure. The rules of general administrative procedure are binding in resolving administrative matters within the competence of administrative bodies and other public authorities and legal entities with public authority. These are procedural rules that are almost equally applicable in all administrative areas, ie they are general rules for resolving specific administrative matters. Exceptionally, some administrative matters or certain procedural issues, due to their specifics, are resolved according to different or special rules of administrative procedures (special administrative procedures).

КОНВЕНЦИЯТА ПО МЕЖДУНАРОДНАТА ТЪРГОВИЯ СЪС ЗАСТРАШЕНИТЕ ВИДОВЕ ОТ ДИВАТА ФАУНА И ФЛОРА В СВЕТЛИНАТА НА ОПАЗВАНЕТО НА ЗАЩИТЕНИТЕ ПРИРОДНИ ТЕРИТОРИИ

Author(s): Georgi Penchev / Language(s): Bulgarian Issue: 1/2022

This scientific study is dedicated to the meaning of the Convention on International Trade with Endangered Species in Wild Fauna and Flora for the protection of the protected natural areas. The attention to the legal measures, regulated by this convention, which cause impact on the protection of the biological diversity, including in the scope of the protected natural are-as. Finally, some general conclusions and recommendations are given related to the examined international law regulation.

ПРАВНА СЪЩНОСТ НА ЗАЩИТЕНИТЕ ПРИРОДНИ ТЕРИТОРИИ ПО ЗАКОНА ЗА ЗАЩИТЕНИТЕ ТЕРИТОРИИ

Author(s): Nadezhda Hristova / Language(s): Bulgarian Issue: 1/2022

The study refers the legal essence of “protected natural areas” as an object of administrative legal regime. It pays the attention to general and special legal features of protected natural areas, legal doctrine and judicial practice on laid questions, and finally, it tackles some recommendations de lege ferenda.

Civil Liability and Administrative Liability. A Comparative Approach

Author(s): Florin Octavian Barbu / Language(s): English Issue: 1/2022

As a main form of administrative liability, contraventional liability intervenes in the case of anti-social acts with less social danger (in principle) than that of a crime, but similar to criminal liability in multiple aspects: the public character of coercion. Like the acts criminalized by the criminal law, the acts targeted by the contraventional norms can have a complex character, attracting both contraventional and civil (delictual) liability (Pricope, 2013; p. 332).