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The implementation of legally regulated rights and guarantees of pregnant employees to a large extent depends on the activity and functions of institutions of authority. The foreign research reveals the existence of problematics in the field of implementation of rights and guarantees of pregnant women in their labour relationship. Taking into consideration that up till now there was no research carried out in this field in Lithuania, the main aim of this article was to investigate and identify the problematic aspects of implementation of rights and guarantees of pregnant employees in the national context and in the field of the activities of governmental institutions. In order to achieve the objective of the study the key governmental institutions and organizations were included, which are directly involved in the process of defense of pregnant worker’s rights. These were the experts out of Equal Opportunities Ombudsman's Office, Labour Inspectorate and non-governmental sector organizations. The research indicated, that the official statistics of Governmental institutions do not reveal any grounds that could enable to constitute that there is a problematic area in the field of implementation of rights and guarantees for pregnant employees. This is the reason why institutions concentrate their activity to the cases they encounter and not to their prevention. The overall study of data enables to form a reasonable presumption that the above mentioned statistics do not reflect the actual reality and the quantity of pregnant employees’ rights violations. This is conditioned to the fact that only a part of the pregnant employees, whose rights or guarantees have been violated, were revealed this fact to institutions.
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Constantinople and the administrative system in the Roman Empire in the 4th century. The new administrative organisation of the Roman Empire stabilized in the course of the 4th century due to the reform activities already initiated by Diocletian and the consolidation of reforms of Emperor Constantine. The foundation of Constantinople inspired a burgeoning intricate bureaucratic system comprising central and local authorities. Some public authorities got strengthened and some were created such as praepositus sacri cubiculi. The outlined pattern of the new political administration of the Empire was managed by a great number of officials, and bureaucracy dominated in the public organisation. The model of this bureaucratic state included new, or more precisely, modernized institutional authorities encompassing the concentration of his political power. Centralized control of state authorities was creating a new model of political power, being characteristic of the absolute monarchy of the Oriental type.
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The people who own creations and intellectual products become extremely important issue since the beginning of background and was highly contested. what emerges as the concept of the Copyright law only provide protection in this regard. works set out in particular music and performing arts; accumulation in these areas and the creators are reflected in the works as a combination of sensory predictions and personal characteristics. Therefore, should the legal protection of the works they try to build people up. This concept of copyright in the work, for example, the legal infrastructure in some countries, my general condition of our country and emerging forms of protection of copyright works are discussed.
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The fact that the military, one of the means of governments’ superior power of sanction, is kept under civilian control and subject to civilian authority is accepted as one of the key conditions of contemporary democracies. The apolitical position of the military in industrialized Western democracies can be explained by the presence of a liberal-democratic model for civilian military relationships (ignoring the military’s relatively partial effect on foreign policy, national security and defense policies). However, civilian-military relationships are observed to always have the potential to directly and/or indirectly affect politics and governance in incompletely industrialized democracies. This study analyzes the level of and reasons for militaries’ effectiveness on political life in incompletely industrialized or unindustrialized democracies based on the causes of military coups, which represent the peak of military intervention in politics.
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The paper deals with issues related to identification of the causes of formation of independent legal regulation of the housing relations in Russia, description of the development of housing legislation, and influence of the doctrine on this process. During the post-revolutionary period, the burden of solving the housing problem was taken by the state, which is reflected in the regulations. The normative material was then intensely accumulated and served as the basis for further codification of housing legislation. Originally, the legislator demonstrated a comprehensive approach to the regulation of housing relations. Subsequently, however, the focus shifted mostly to the normalization of tenancy agreements in the codification acts of civil legislation. After having been established in 1977, the constitutional right of citizens to housing became a prerequisite for housing legislation. Thus, the basics of housing legislation and the Housing Codes of the Union Republics developed. During the period of transition to market relations in the housing area, normative legal acts were published. They were intended for the adaptation of the institutions of the Soviet housing legislation to the recent political and socio-economic conditions that were in effect until the adoption of the new Housing Code. It is emphasized in the paper that the historically doctrinal research in this area has been always directed at finding the most appropriate legal regulation of housing relations. The conclusion is made that the modern housing legislation is a stable complex array of regulations, having the ability to adapt to the changing political and socio-economic conditions.
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The paper analyzes the place of hiring contracts in the system of civil law. The relevance of this problem is justified by the current situation in the system of civil law when the hiring contract can be concluded between economic entities and physical persons, thereby giving them identical legal status. We consider this situation as contradicting to the economic nature of relations between consumers. The aim of this research is to identify the correct place of hiring contracts in the system of civil law and, thus, to spot certain measures to be applied in order to ensure fulfillment of the liabilities of contractors, as well as to protect their rights. Attention is also paid to the specific rules of legal regulation of hiring contracts. The hiring contract is bilateral in its nature (since two sides take part in it), commutative (each side offers something to its partner), concensual (the contract is concluded when both sides reached their agreements), and public (the lessor cannot deny concluding a hiring contract if they possess the property to be rented). These properties of hiring contracts determine their consumer nature. The results obtained during the analysis allow making the following conclusions: the hiring contract should be exclusively consumer-oriented, being considered only as the contract between consumers and not providing any possibility to use a hiring property for entrepreneurial activities; the distinctive feature of the hiring contract is the impossibility of its prolongation, which ensures protection of the rights of consumers when the lessor aims to impose an extra period of rent.
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The housing crisis is one of the biggest challenges in Poland. Potential remedies are investments in which public and private funds are allocated respectively for land, a construction, a building infrastructure, and the infill, i.e. the building envelope and equipment. The method of dividing investments according to the above scheme is called Open Building (OB). It assumes the flexible shaping of the usable area of buildings constructed in cooperation between public and private investors, including future residents. The research aims to analyse the Open Building as a potential element of Polish housing policy. The adopted research method consists of the analysis of the housing situation in Poland, analysis of the OB and realized investments complying with its assumptions, as well as indicating a possible implementation strategy of OB as an element of counteracting housing exclusion.
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The article extensively discusses the issue of combating broadly understood white-collar crime and crimes affecting the interests of the European Union, per the PIF Directive, as well as the new police and investigative powers of the European Anti-Fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO). The author not only discusses OLAF’s policing and investigating powers but also points to the role of an attorney-at-law as a person who serves both advice and ensures that procedural guarantees are observed. By presenting in detail the catalogue of procedural guarantees and the role of the Controller of Procedural Guarantees, the author indicates the mechanisms of ensuring the protection of the person who is subject to EU investigation as well as presenting the necessity for a support of a professional legal representative. The detailed description of procedural guarantees is followed by postulates of strengthening the independence and expansion of the system of protection of procedural guarantees by providing it with an independent back office and establishing Controllers of Procedural Guarantees in countries where OLAF will be the leading institution of European investigations (Poland, Hungary, Sweden, Ireland and Denmark).
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Directive 2019/1937 of the European Parliament and of the Council of October 23, 2019 on the protection of persons reporting breaches of EU law poses new challenges for the Member States of the European Union. This act has a real impact not only on the situation and functioning of various public bodies and institutions, but also on entrepreneurs. At the same time, it covers a wide range of applications. One of such areas is environmental protection. At the same time, the directive uses many underspecified phrases, undoubtedly very interesting from the point of view of their interpretation, including those which names are known to EU and national legislation, but gives them a different meaning. It should be reconstructed separately for the purposes of applying this particular legal act and the implementing provisions. It is also not possible to automatically transfer the case law or doctrinal views developed on the basis of the existing practice for the purposes of applying the provisions on the protection of persons reporting breaches of EU law.
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Public sector expenditures trough public procurement system accounts for about 14% of the EU’s GDP. This equates more than 1.9 trillion euros. Rethinking basic policies and redirecting the purchasing power of the public sector through innovative public procurement can become a powerful tool for stimulating innovation and thereby maximizing policy outcomes in different areas. Survey and analysis of possible approaches and practices for innovative public procurement is a matter whose significance is reinforced by the complexity of the ongoing tasks in the modern public governance agenda.
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How accurately do we assess the positions of judges in the field of administrative law and judicial administration? Given the administration of one of the separated powers, is a more specialized approach needed, or from a more general view inherent in social theories and their complex nature? Faced with this dilemma, I am deciding to rely on attempts to start from models of organizational sociology in general before turning to justice. Moreover, the lessons of the great and modern sociologist Niklas Luhmann (1927-1998), a lawyer by education, and initially a specialist in public administration, make me feel a certain hesitation regarding the justifications of the Bulgarian judges for the functioning of the authorities.
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The question of the adoption of a new National Security Strategy was put on the agenda in view of the changes in the international situation that occurred after the beginning of the war of Russia against Ukraine from 02/24/2022. It requires a serious scientific, public and political discussion that presents alternative opinions and assessments, but also specific proposals for legislative changes in this area.
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This article analyses the issue of the registration of independent Jewish religious communities, i.e., Jewish religious communities unaffiliated with the Association of Jewish Communities in Poland (AJCP). For several years, the possibility of establishing independent Jewish religious communities has been challenged by the AJCP, which claims that the Act on the State’s Relationship with Jewish Religious Communities in Poland exhaustively regulates the legal situation of all Jewish communities in Poland. In a number of Supreme Administrative Court’s decisions on disputes between independent Jewish religious communities and the AJCP, the possibility of registering independent Jewish religious communities has been confirmed. In addition, the Supreme Administrative Court developed a test for assessing the identity or separateness of two religious associations for the purpose of registering new ones. The article attempts to systematise the elements that constitute this test, referring, inter alia, to the material and formal identity of the internal law, the criteria of membership and the will of the persons forming the religious association. Moreover, the Supreme Administrative Court’s decisions are reviewed from the perspective of compliance with the standard of protection of freedom of conscience and religion established by the case law of the European Court of Human Rights.
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The article refers to forensic errors, which in turn could be both technical and tactical. Technical errors refer to the processes related to the management of material evidence (detection, fixation, lifting, transportation, preservation, expertise) and the performance of criminal prosecution actions to obtain evidence (following the performance of criminal prosecution actions and special investigative ones, the content of tactics of hearings, confrontations, presentations for recognition, reconstitutions, etc.). The article proposes to reveal the characteristics that are attributed to a criminal prosecution error and their classification as well.
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The paper analyses the Polish government’s actions to support Polish studies units abroad and examines the relationships between these units and institutions in Poland. It aims to understand the forms and scope of support offered to Polish studies units and to explain why public diplomacy actions also target the Polish diaspora. The analysis is based on official documents related to public diplomacy and Polish diaspora policy, as well as the results of an empirical study conducted among representatives of Polish institutions responsible for promoting the Polish image abroad and representatives of Polish studies units. The conclusions indicate the heterogeneity of these units and differences in support for units in the East and the West. In the case of units operating in former Soviet Union countries, Polish diaspora policy dominates, aiming to maintain connections between local Polish communities and Poland. In the West, support for Polish studies units stems from both Polish diaspora policy and public diplomacy.
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The relevance of the study of the licensing procedure of educational activity is determined primarily by the need to improve the legislation on higher education within the scope of the Law of Ukraine "On Administrative Procedures". Normative acts regulating the licensing of educational activities are classified depending on the subject of regulation and are distinguished: 1) those regulating the static characteristics of licensing of educational activities; 2) those regulating the dynamic characteristics of educational activity licensing. It is substantiated that the procedure for licensing educational activity is a public procedure related to the exercise of the right to educational activity. The features characteristic of the educational activity licensing procedure as a type of administrative procedure are singled out, namely: it is carried out in the manner determined by the legislation on higher education; concerns public-legal relations regarding the provision of rights, freedoms or legitimate interests of individuals in the field of educational activity; is decided with the participation of an administrative body - an executive body, or rather the Ministry of Education and Science; as a result of the administrative procedure, the license is accepted as an administrative act, etc. It was concluded that according to the classification criteria, the licensing procedure of educational activity is a type of: 1) special partial; 2) law enforcement; 3) non-jurisdictional; 4) external; 5) declaratory administrative procedure. It has been established that a license is a decision of an individual nature, which is taken by an executive body authorized to perform the functions of public administration to resolve a specific case for the acquisition, change, termination or realization of rights and/or obligations in the field of education.
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The relevance of the topic is due to the fact that the idea of establishing a free trade area and the single market of the European Union (hereinafter - the EU) between Ukraine and the EU countries in accordance with the Association Agreement with the EU and its Member States, as well as the strict fulfilment of obligations to ensure a zone of economic competition, aims at creating a competitive environment in which business entities enjoy equal competitive conditions and operate in accordance with the same generally accepted rules. The purpose of the study is to analyse various scientific approaches to understanding the administrative procedure, to define its features, and to determine the criteria for classifying the formation and development of administrative procedures in the field of economic activity. The methodological basis of the article is a set of methods and techniques of scientific cognition, both general scientific (logical, historical and legal, systemic analysis, etc.) and special (documentary analysis, comparative legal methods, etc.), which contributes to the achievement of the set goals, ensures a complete and comprehensive understanding of the research topic, scientific reliability and convincing results. The author identifies the characteristic features of administrative procedures: openness, focus on the realisation of public interests, consistent orderliness, normativity, discretion, etc. The criteria for classification of administrative procedures have also been the subject of debate, which eventually led to the development of a significant number of them. The author determines that the content of administrative procedures is the procedure for consideration and resolution of individual administrative cases by administrative authorities and local self-government bodies with a view to protecting the rights and legitimate interests, and also to fulfilling the statutory obligations of all subjects of legal relations. Based on the study, the author formulates conclusions and provides recommendations on the need to amend the Law of Ukraine "On Administrative Procedure" to regulate the mechanism of implementation of the principle of "tacit consent" in legal relations between public authorities and business entities. The introduction of the principle of tacit consent in practice should solve a number of problems in the area of issuing permits. The main ones are: reducing the real time spent by business entities on obtaining permits; limiting the opportunities for abuse by representatives of public authorities related to the delay in the timeframe for issuing pre-trial documents established by the current legislation; business entities avoid unjustified termination or suspension of business activities.
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The Présidiaux were created in 1552 in order to speed up trials and diminish the influence of the high judicial courts (Parlements). They were at the core of a complex judicial organization and helped to enforce the Justice of the King. Although the Presidial of La Rochelle appears to be relatively unknown (and even forgotten) nowadays, it was of paramount importance in the judicial and political background of La Rochelle under the Monarchy. It embodied the power of the King. After the 1627 siege, its members were forced to declare themselves Catholics. Not only did the Presidial exercise Justice, it was also a source of Law, especially thanks to its administrative and police powers. For the King, it was a tool of social regulation, dedicated to fighting the Protestants and supervising citizens’ activities. But the Presidial of La Rochelle was also a political and social body, longing for autonomy – it was structured as a provincial parliamentary oligarchy. It was socially powerful and, as such, took precedence over the other jurisdictions and easily competed with rival bodies. Although it had been undermined by the judicial reforms, its Officers attempted to work themselves up the social ladder towards nobility, as is shown by the Presidial’s external signs of wealth and grandeur. In the 18th century, the Presidial of La Rochelle was still a middle jurisdiction, torn between its capacities and its ideals – a jurisdiction whose dilemma was to be neither lower, nor yet supreme.
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