(Ne)zakonitost imenovanja upravnih odbora javnih ustanova u Tuzlanskom kantonu

Author(s): Ervin Mujkic / Language(s): Bosnian,Croatian,Serbian / Issue: 12/2013

Imenovanje i razrješenje članova upravnih odbora javnih ustanova u Federaciji BiH regulisano je zakonskim i podzakonskim propisima na entitetskom, kantonalnom i općinskom nivou. Odredbama Zakona o ministarskim, vladinim i drugim imenovanjima Federacije Bosne i Hercegovine, koji se primjenjuje na svim nivoima vlasti u F BiH, uključujući kantone, općine i gradove, utvrđen je otvoreni postupak izbora kojim se vrši konačno imenovanje i ponovno imenovanje na pozicije u reguliranim organima.

(Prawie) każda władza jest władzą pańską

Author(s): Andrzej Kojder / Language(s): Polish / Issue: 663/2016

A system approach in the political-administrative management

Author(s): Igor Reshevets / Language(s): English / Issue: 1/2015

The article presents the results of the study on a system approach in the political-administrative management in order to improve the efficiency of administrative activity under the social transformation conditions. The system approach value in the process of a modern Ukrainian state development is grounded.

Akty prawa miejscowego z perspektywy 25 lat samorządu terytorialnego w Polsce

Author(s): Agnieszka Bien-Kacala,Iwona Wróblewska / Language(s): Polish / Issue: XXXIV/2015

The article refers to issues that cause most controversies in the field of the legislative power of the local self-government. The postulate to clarify this sphere has been rooted in the controversies concerning local law that aroused just after the political transformation. The system of the acts of local law has been partially determined by the Constitution of 1997. The Authors have discussed the place of local acts in the system of the sources of law in Poland, the problem of a dichotomous approach to them and the normative character of these acts. Legislative activities of local authorities result in the rich and diverse collection of normative acts. However, their inherent feature is the need to settle a casu ad casum their legal nature. The Authors have also described doubts concerning the legal basis of the acts of local law from the constitutional point of view. It especially refers to the statutes of self-government units and the local authorities that may issue such sources of law. The Authors conclude that local legislation should be perceived as an element of a larger whole- coherent and complementary system of universally binding law. This is only possible while respecting the fundamental principles of the constitutional system of the sources of law, the rules of proper legislation and the effective instruments of control over the legality of local law. From the perspective of 25 years of functioning of the local self-government in Poland, the postulate to organize the system of the acts of local law in the spirit of constitutional arrangements must be maintained. In particular, the constitutional requirements concerning local law should actually entry into force.

Amortyzacja podatkowa używanych lub ulepszonych budynków i budowli

Author(s): Jowita Pustul / Language(s): Polish / Issue: 88/2014

When buildings or structures are treated as a fixed asset they are subject to tax depreciation. The standard depreciation rate for buildings used for dwelling purposes is 1.5% p.a. For other buildings the rate is 2.5% p.a. In case of buildings or structures improved or used for more than 60 months prior to their acquisition, a depreciation rate can be increased till 10% p.a. Any increase in the value of the already depreciated buildings (e.g. as a result of further modernization, or extension) is subject to the same depreciation rate. This article discusses some main rules applicable in a tax depreciation of improved or used buildings and structures.

Analiza opłat planistycznych związanych z uchwaleniem planów zagospodarowania przestrzennego na terenie Krakowa

Author(s): Anna Trembecka / Language(s): Polish / Issue: 93/2015

The adoption of a zoning plan or any change to it may result in an increase or a decrease in the value of real estate. In the case of increased property values, the Law on Spatial Planning and Development provides for a possibility for zoning fees to be determined by municipalities. The research thesis of the article is the statement that planning fees are not fully enforced due to property owners appealing against the decisions on establishing the fees. This paper aims to analyse the scope of the adopted local zoning plans in Cracow as well as zoning fees, charged relative to the increase in real estate value.

Analysis of Relationship Between Favoritism and Officer Motivation: Evidence From Turkish Police Force

Author(s): Mehmet Ali Tekiner,Recai Aydin / Language(s): English / Issue: 2/2015

This study analyzes the impact of favoritism on motivation of workers, using a sample selected from the police officers and chiefs (commissars) of Turkish National Police Force. Motivation is found to be one of the most important factors of success at workplace. It is well established that any type of favoritism including nepotism would reduce the motivation of the workforce. The negative impacts of favoritism include; alienation of employees towards their institution, lack of promotion opportunities for others, lack of motivation and inefficiency due to the selection of less capable candidates for the job or position. According to literature, on the other hand, favoritism could sometimes have a positive impact on family-owned companies. As part of the study, a survey with Likert scale was conducted on 130 police officers and police chiefs in the city of Adana, Turkey. The study tests if there is a significant difference among police officers and chiefs in terms of their perception on favoritism with respect to their gender, age, position and length of service.

Apológia: A közszolgálatiság szerepvállalása a későmodern média korában

Author(s): Attila Csaba Gáspárik,Elza-Emoke Veress / Language(s): Hungarian / Issue: 28/2015

In our presentation, we give an outline of the aspect public service aims to assume in the present era of late modern media in terms of involvement and contents. By looking into issues like the purpose of public service, its place in society and dual media system, its connection with market liberalism as well as its political independence, the presentation tries to demonstrate that, more than an economical, social and political issue, public service is rather a question of ideals and principles. Furthermore, our study intends to be a debate material trying to answer the question what public television and radio means today, how far they have gone on the road of democrati-zation and how social and political surveillance and media market situation evolve. Our analysis is aimed at the basic values and purposes of public service, where the question of the presumed failure of public media, its getting independent and fulfilling its purpose can be evaluated in terms of the functions of content supplying.

Applicable sanction regarding the breach of the separation of powers principle within the companies' governance

Author(s): Simona Chirica / Language(s): English / Issue: 2/2015

Companies participate at the civil circuit by concluding legal documents. According to the principle regarding the separation of powers in the company's governance, a distinction must be made between the duties of the company's shareholders general assembly and the duties of the administrator. Thus, shareholders general assembly holds the deliberative power of the company and determines the working strategy of the company, whereas the administrator expresses, executes the will of the shareholders general assembly and concludes legal documents in the name and on the behalf of the company. Such legal documents are considered the documents of the company itself. From the perspective of the two management bodies, we can ask ourselves what is the applicable sanction when the shareholders general assembly decides to nominate a third person to represent the company for the signing of a legal document? From a certain point of view this represents an extension of the legal powers, throughout the legal documents of the company's bodies (including the shareholders general assembly's resolutions) and a breach of the exclusive duties of the administrative bodies of a company. The applicable sanction regarding such legal documents is non-existence of legal acts.

ARBITRATION AND STATE LAW

Author(s): Menno Aden / Language(s): English / Issue: 2/2016

It is universally accepted that an arbitral award can be challenged if the arbitrator did comply with the agreement of the parties (cf. Art. V of New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958). However, theory and practice do not always meet. Many jurisdictions seem to allow the arbitrator to deviate from such agreement without effect to the award. The article focuses on the question as to which extent the arbitrator is bound by the state/national law chosen by the parties or applicable but by virtue of international private law. Common wisdom has it that an arbitral award cannot be annulled or denied recognition because the arbitrator erred in the interpretation of the substantive law. Author accepts that in a motion to challenge an arbitral award the state court shall not act as some kind of court of appeal. Therefore, arbitrator must not apply the substantive law in the same way the courts of the respective country do, but he is obliged and the state court is competent to review, whether the award has been made in accordance with the agreement of the parties. To this end, the arbitration clause must be carefully interpreted to find out what the parties by choosing, e.g., Swiss law really meant: namely, “law” and not a paralegal regime like ex aequo et bono, as well as “Swiss” – and not German, English etc. Unless this is shown in the reasons of the award, it may be annulled or denied recognition for not being in accordance with the agreement of the parties.

Ardita Driza Maurer, Jordi Barrat (eds.), E-Voting Case Law. A Comparative Analysis, Ashgate, Dorchester 2015, ss. 294

Author(s): Marcin Rulka / Language(s): Polish / Issue: 21/2016

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Around the Bloc: Alleged Russia-Orchestrated Cyberattacks Won’t Go Away

Author(s): TOL TOL / Language(s): English / Issue: 10/18/2016

As the U.S. presidential election hits high gear, the candidates and U.S. government won’t let the infiltrations earlier this year fade away.

Around the Bloc: Concern Mounts for Nadia Savchenko

Author(s): TOL TOL / Language(s): English / Issue: 03/15/2016

Ukrainian pilot’s trial in Russia described as ‘farce’ by the EU, and a US diplomat.

Around the Bloc: German Police Disprove Gang-Rape by Migrants

Author(s): TOL TOL / Language(s): English / Issue: 02/02/2016

There is no evidence of a sexual offence against the 13-year-old girl from a Russian-speaking community in Berlin, German prosecutors said.

Around the Bloc: Kazakhstan Slammed Over Torture Claims

Author(s): TOL TOL / Language(s): English / Issue: 03/08/2016

Loopholes and outside meddling leaves justice system unable to investigate police abuses, Amnesty says.

Around the Bloc: Kuril Island ‘Ghost Town’ Coming Back to Life

Author(s): TOL TOL / Language(s): English / Issue: 02/02/2016

Russia will build new housing and schools for military personnel on the disputed islands.

Around the Bloc: Poland to Face New Scrutiny of Legal Changes

Author(s): TOL TOL / Language(s): English / Issue: 03/22/2016

European watchdogs are set to probe new police law amid mounting fears of a constitutional crisis.

Around the Bloc: Poland: Kaczynski Crash New Prosecution

Author(s): TOL TOL / Language(s): English / Issue: 02/02/2016

Poland to prosecute five officials from the previous government over 2010 air crash that killed President Lech Kaczynski and 95 others.

Around the Bloc: Russia Slams Western Charges of ‘War Crimes’ in Syria

Author(s): TOL TOL / Language(s): English / Issue: 10/04/2016

UN envoy Vitaly Churkin blames breakdown of ceasefire on Syrian rebels, dismisses reports of mass killings in eastern Aleppo as faked.

Around the Bloc: Russian Manhandled Over Social Media Comment

Author(s): TOL TOL / Language(s): English / Issue: 05/31/2016

Police brutally arrest man for alleged extremist online activity.