Pub Date : 2021-10-01DOI: 10.31262/1339-5467/2021/9/3/37-77
Štefan Zeman
The paper deals with the issue of suicide and assisted suicide, especially its ethical, criminal law and canon law evaluation. In the first chapter, the author explains what needs to be perceived under these terms and how they differ from euthanasia, offers current statistics on suicides in the Slovak Republic and discusses basic types of suicides, evaluates the issue of the right to life from an ethical point of view and criticizes the concept of the “right to death”. He concludes that the possible legalization of assisted suicide and euthanasia would have widespread negative consequences. The second chapter of the paper is based on the constitutional guarantees of the right to life, which is also supported by the international obligations of the Slovak Republic in this area. Subsequently, it offers a criminal analysis of suicide and assisted suicide in the Slovak legal system. In the last, third chapter, the author finally discusses the issue from the perspective of the doctrine, law and practice of the Catholic Church.
{"title":"Suicide and Assisted Suicide in Criminal Law and Canon Law","authors":"Štefan Zeman","doi":"10.31262/1339-5467/2021/9/3/37-77","DOIUrl":"https://doi.org/10.31262/1339-5467/2021/9/3/37-77","url":null,"abstract":"The paper deals with the issue of suicide and assisted suicide, especially its ethical, criminal law and canon law evaluation. In the first chapter, the author explains what needs to be perceived under these terms and how they differ from euthanasia, offers current statistics on suicides in the Slovak Republic and discusses basic types of suicides, evaluates the issue of the right to life from an ethical point of view and criticizes the concept of the “right to death”. He concludes that the possible legalization of assisted suicide and euthanasia would have widespread negative consequences. The second chapter of the paper is based on the constitutional guarantees of the right to life, which is also supported by the international obligations of the Slovak Republic in this area. Subsequently, it offers a criminal analysis of suicide and assisted suicide in the Slovak legal system. In the last, third chapter, the author finally discusses the issue from the perspective of the doctrine, law and practice of the Catholic Church.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129034882","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-01DOI: 10.31262/1339-5467/2021/9/3/19-36
Lenka Scheu, M. Štefko
This paper deals with medical examination of employee’s ability to work. Although from a legislative-technical point of view, this regulation is considered to be successful, in practice it causes major problems in the area of assessment care, which is evidenced in particular by the case law. Referencing to practice, we can state that the idea of the occupational health services provider as professional assistant of the employer in providing for the protection of employees’ occupational health has not taken hold at all. Employers justifiably ask why they should pay for a medical report giving them no legal certainty. Employers, on the other hand, want to pay for services that give them a solid basis for further action against employees. From the analysed regulations, it is clear that the issue of health assessment and medical reports remains in some respects still gaping, both in terms of the nature of the medical report and in terms of accepting the lack of work capacity of providers of occupational health services.
{"title":"Partial Ideas for Improving the Legal Regulation of Assessment of Competence to Work","authors":"Lenka Scheu, M. Štefko","doi":"10.31262/1339-5467/2021/9/3/19-36","DOIUrl":"https://doi.org/10.31262/1339-5467/2021/9/3/19-36","url":null,"abstract":"This paper deals with medical examination of employee’s ability to work. Although from a legislative-technical point of view, this regulation is considered to be successful, in practice it causes major problems in the area of assessment care, which is evidenced in particular by the case law. Referencing to practice, we can state that the idea of the occupational health services provider as professional assistant of the employer in providing for the protection of employees’ occupational health has not taken hold at all. Employers justifiably ask why they should pay for a medical report giving them no legal certainty. Employers, on the other hand, want to pay for services that give them a solid basis for further action against employees. From the analysed regulations, it is clear that the issue of health assessment and medical reports remains in some respects still gaping, both in terms of the nature of the medical report and in terms of accepting the lack of work capacity of providers of occupational health services.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133312279","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-01DOI: 10.31262/1339-5467/2021/9/3/78-98
Júlia Floreková, Sára Tarnociová
In the paper, the authors have decided to focus on a sensitive, yet important topic which affects almost every one of us. Since not all of us succeed in living in a harmonious family that thrives on love, understanding and, at the same time, creates suitable conditions for consistent and continuous care for health, nutrition, all-round development of its members, in a democratic and legal state they must and also exist institutes which necessarily and to the extent necessary meet these needs. In the context of the above-mentioned, the paper presents the institute of representation of a minor child, which is one of the immanent parts of the set of parental rights and obligations. As it is clear, the exercise of parental rights and parental responsibilities is entrusted in particular to the parents, mother and father of the minor child. In practice, however, there are more and more cases where parents are replaced by other, legally defined persons in the matter of representing a minor child, about whom, among other things, the presented paper deals.
{"title":"Representation of Minors by Chosen Entities","authors":"Júlia Floreková, Sára Tarnociová","doi":"10.31262/1339-5467/2021/9/3/78-98","DOIUrl":"https://doi.org/10.31262/1339-5467/2021/9/3/78-98","url":null,"abstract":"In the paper, the authors have decided to focus on a sensitive, yet important topic which affects almost every one of us. Since not all of us succeed in living in a harmonious family that thrives on love, understanding and, at the same time, creates suitable conditions for consistent and continuous care for health, nutrition, all-round development of its members, in a democratic and legal state they must and also exist institutes which necessarily and to the extent necessary meet these needs. In the context of the above-mentioned, the paper presents the institute of representation of a minor child, which is one of the immanent parts of the set of parental rights and obligations. As it is clear, the exercise of parental rights and parental responsibilities is entrusted in particular to the parents, mother and father of the minor child. In practice, however, there are more and more cases where parents are replaced by other, legally defined persons in the matter of representing a minor child, about whom, among other things, the presented paper deals.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121100541","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-10-01DOI: 10.31262/1339-5467/2021/9/3/99-117
R. Adamus
The paper is an essay about possible ways of further development of the insolvency law. If the law is expected to meet global current social needs, then the law will be subject to significant changes, along with the changing world. The digital revolution is also ahead of the insolvency law. It is difficult to anticipate all possible directions of changes; however, there are some areas where remarkable amendments will have to take place. The paper starts with a short description of the development of the insolvency law over ages. It is an introduction to the problem of possible changes in axiological assumptions of the law on insolvency in the 21st Century. The insolvency law is going to be changed due to the technological revolution in the 21st Century. In this respect, there are mentioned the idea of prediction of insolvency and the problem of the debtor’s assets in the virtual world. Finally, the paper deals with the state debt restructuring under the conventions on external state debt.
{"title":"What are the Challenges to the Insolvency Law in the 21st Century?","authors":"R. Adamus","doi":"10.31262/1339-5467/2021/9/3/99-117","DOIUrl":"https://doi.org/10.31262/1339-5467/2021/9/3/99-117","url":null,"abstract":"The paper is an essay about possible ways of further development of the insolvency law. If the law is expected to meet global current social needs, then the law will be subject to significant changes, along with the changing world. The digital revolution is also ahead of the insolvency law. It is difficult to anticipate all possible directions of changes; however, there are some areas where remarkable amendments will have to take place. The paper starts with a short description of the development of the insolvency law over ages. It is an introduction to the problem of possible changes in axiological assumptions of the law on insolvency in the 21st Century. The insolvency law is going to be changed due to the technological revolution in the 21st Century. In this respect, there are mentioned the idea of prediction of insolvency and the problem of the debtor’s assets in the virtual world. Finally, the paper deals with the state debt restructuring under the conventions on external state debt.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130615163","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-07-01DOI: 10.31262/1339-5467/2021/9/2/21-41
H. Barancová
The employer’s decision on organizational change is subject of an amendment to the Labour Code, according to which this employer’s decision is a substantive precondition for the employer’s termination. The employer’s decision on organizational change is genetically linked to the termination as a basic legal act in the labour law. At this level, the employer’s decision on organizational change is of a fundamental importance for the area of termination in the labour law. The fact that the employer’s decision directly affects the validity of the termination is also related to the constitutional right to work as well as to the constitutional right to protect the employee from an unjustified dismissal. The Labour Code, at the same time, in § 63 par. 1 letter b) precisely enshrines not only the form of employer’s decision on organizational change, but also its content, and in § 9 it also establishes the persons authorised to act on behalf of the employer
{"title":"Employer’s Decision on Organizational Change and Business Management of the Company","authors":"H. Barancová","doi":"10.31262/1339-5467/2021/9/2/21-41","DOIUrl":"https://doi.org/10.31262/1339-5467/2021/9/2/21-41","url":null,"abstract":"The employer’s decision on organizational change is subject of an amendment to the Labour Code, according to which this employer’s decision is a substantive precondition for the employer’s termination. The employer’s decision on organizational change is genetically linked to the termination as a basic legal act in the labour law. At this level, the employer’s decision on organizational change is of a fundamental importance for the area of termination in the labour law. The fact that the employer’s decision directly affects the validity of the termination is also related to the constitutional right to work as well as to the constitutional right to protect the employee from an unjustified dismissal. The Labour Code, at the same time, in § 63 par. 1 letter b) precisely enshrines not only the form of employer’s decision on organizational change, but also its content, and in § 9 it also establishes the persons authorised to act on behalf of the employer","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132915275","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-07-01DOI: 10.31262/1339-5467/2021/9/2/42-71
K. Banasik
The subject of this paper is the issue of the criminalisation of the possession of narcotics in Poland. Particular attention is paid to the institution of the optional termination of criminal proceedings in cases when the person who has committed the offence is in possession of an inconsiderable amount of narcotics for personal use. The aim of the study is, among other things, to demonstrate how this institution functions in practice and to examine whether the Polish regulations are compatible with the international and the European regulations. The author first presents a historical outline of the criminalisation of offences involving an unlawful possession of narcotics, and then develops the idea of what should be understood by ‘possession’ of narcotics while also addressing the issue of ‘possession of narcotics within one’s own body’. In the further section of the paper, the author analyses the notion of ‘an inconsiderable quantity of narcotics’, presenting views expressed in the literature and showing disparities in interpretations of this notion in the case law. In the final section, the author presents conclusions and an assessment of the current state of the relevant Polish legislation.
{"title":"Criminalisation of Possession of Narcotics in Poland","authors":"K. Banasik","doi":"10.31262/1339-5467/2021/9/2/42-71","DOIUrl":"https://doi.org/10.31262/1339-5467/2021/9/2/42-71","url":null,"abstract":"The subject of this paper is the issue of the criminalisation of the possession of narcotics in Poland. Particular attention is paid to the institution of the optional termination of criminal proceedings in cases when the person who has committed the offence is in possession of an inconsiderable amount of narcotics for personal use. The aim of the study is, among other things, to demonstrate how this institution functions in practice and to examine whether the Polish regulations are compatible with the international and the European regulations. The author first presents a historical outline of the criminalisation of offences involving an unlawful possession of narcotics, and then develops the idea of what should be understood by ‘possession’ of narcotics while also addressing the issue of ‘possession of narcotics within one’s own body’. In the further section of the paper, the author analyses the notion of ‘an inconsiderable quantity of narcotics’, presenting views expressed in the literature and showing disparities in interpretations of this notion in the case law. In the final section, the author presents conclusions and an assessment of the current state of the relevant Polish legislation.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114588224","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-07-01DOI: 10.31262/1339-5467/2021/9/2/86-113
Miloš Lacko
The exercise of freedom of movement within the European Union Member States also requires interventions in the national social security systems, the organization and exercise of which fall within the exclusive competence of the Member States. In order to fully exercise, in particular, the freedom of movement of persons, in particular persons engaged in gainful employment, it is necessary to lay down in the Union law procedures for resolving conflicts in the provision of family benefits. Collisions in the granting of family benefits generally arise when a person enjoying the free movement of persons moves to another Member State, while another family member (in particular the second parent or the dependent child) remains in the home Member State or moves to another Member State. In such situations, the Union legislation must provide the migrant with the same conditions for family benefits as a national of the Member State in which the migrant is present, so the Union legislation seeks to ensure an equal treatment of a person enjoying this freedom in the event of such a conflict with national social security systems. The subject of the paper is an analysis of the European Union coordination regulation determining the relevant social security system of an European Union Member State for the provision of family benefits so as not to disadvantage the migrant as a family member in acquiring and providing these benefits and, conversely, that this person does not get into unjustified social advantage in the provision of family benefits, i.e. that there is no unjustified overlapping of the provision of a family benefit for the same purpose to the same family member.
{"title":"Cross-border Coordination in the Field of Family Benefits","authors":"Miloš Lacko","doi":"10.31262/1339-5467/2021/9/2/86-113","DOIUrl":"https://doi.org/10.31262/1339-5467/2021/9/2/86-113","url":null,"abstract":"The exercise of freedom of movement within the European Union Member States also requires interventions in the national social security systems, the organization and exercise of which fall within the exclusive competence of the Member States. In order to fully exercise, in particular, the freedom of movement of persons, in particular persons engaged in gainful employment, it is necessary to lay down in the Union law procedures for resolving conflicts in the provision of family benefits. Collisions in the granting of family benefits generally arise when a person enjoying the free movement of persons moves to another Member State, while another family member (in particular the second parent or the dependent child) remains in the home Member State or moves to another Member State. In such situations, the Union legislation must provide the migrant with the same conditions for family benefits as a national of the Member State in which the migrant is present, so the Union legislation seeks to ensure an equal treatment of a person enjoying this freedom in the event of such a conflict with national social security systems. The subject of the paper is an analysis of the European Union coordination regulation determining the relevant social security system of an European Union Member State for the provision of family benefits so as not to disadvantage the migrant as a family member in acquiring and providing these benefits and, conversely, that this person does not get into unjustified social advantage in the provision of family benefits, i.e. that there is no unjustified overlapping of the provision of a family benefit for the same purpose to the same family member.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"284 11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126952777","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-07-01DOI: 10.31262/1339-5467/2021/9/2/72-85
Oleksandr Romanovich Kovalyshyn
The paper is devoted to the disclosure of certain aspects of recodification in Ukraine, some existing problems of the Ukrainian commercial law as well as the conflict of norms between the Commercial Code of Ukraine and the Civil Code of Ukraine. In year 2020, the Concept of Civil Legislation Reform was adopted in Ukraine. The Concept of Civil Legislation Reform states that the systematic renewal of the Civil Code of Ukraine as a whole is possible only if the Commercial Code of Ukraine is repealed because the latter does not meet the parameters of the acts governing business relations which, by their nature, are primarily private. The presented study explains the current problems of the Ukrainian commercial law as well as civil law regulation of business relations for both: 1) the foreign scholars dealing with the civil law and commercial law; 2) the foreign investors (including investors from the European Union countries) who are already conducting economic activities in Ukraine or plan to invest in the Ukrainian economy. Special attention is given to such issues like the types of ownership, penalties for obligations, differences in legal capacity, difference of approaches to the system of legal entities, existence of some archaic legal forms of entrepreneurial activity, etc. The author emphasizes that undoubtedly the Commercial Code of Ukraine as well as the Civil Code of Ukraine need some updating. There is an urgent need to systematize the existing organizational and legal forms of legal entities and to renew the basics of civil law regulation in Ukraine. It is explained in the paper, while in most neighbouring jurisdictions steps are being taken to systematic update of the commercial codes (including expanding the scope of their legal regulations), in Ukraine steps are being taken to eliminate the commercial code. This seems completely unacceptable; it harms the legal regulation of business relations in Ukraine significantly and slows down the progressive development of the Ukraine’s economy. The analysis of the commercial codes abroad shows that there is no single approach to the list of legal constructions that should form the basis of the relevant code. All, without exception, codified acts of this type are characterized by the presence of special institutions that, from the point of foreign lawyer’s view or current trends in private law, may seem do not meet certain standards.
{"title":"On Some Problems of Commercial Law in Ukraine","authors":"Oleksandr Romanovich Kovalyshyn","doi":"10.31262/1339-5467/2021/9/2/72-85","DOIUrl":"https://doi.org/10.31262/1339-5467/2021/9/2/72-85","url":null,"abstract":"The paper is devoted to the disclosure of certain aspects of recodification in Ukraine, some existing problems of the Ukrainian commercial law as well as the conflict of norms between the Commercial Code of Ukraine and the Civil Code of Ukraine. In year 2020, the Concept of Civil Legislation Reform was adopted in Ukraine. The Concept of Civil Legislation Reform states that the systematic renewal of the Civil Code of Ukraine as a whole is possible only if the Commercial Code of Ukraine is repealed because the latter does not meet the parameters of the acts governing business relations which, by their nature, are primarily private. The presented study explains the current problems of the Ukrainian commercial law as well as civil law regulation of business relations for both: 1) the foreign scholars dealing with the civil law and commercial law; 2) the foreign investors (including investors from the European Union countries) who are already conducting economic activities in Ukraine or plan to invest in the Ukrainian economy. Special attention is given to such issues like the types of ownership, penalties for obligations, differences in legal capacity, difference of approaches to the system of legal entities, existence of some archaic legal forms of entrepreneurial activity, etc. The author emphasizes that undoubtedly the Commercial Code of Ukraine as well as the Civil Code of Ukraine need some updating. There is an urgent need to systematize the existing organizational and legal forms of legal entities and to renew the basics of civil law regulation in Ukraine. It is explained in the paper, while in most neighbouring jurisdictions steps are being taken to systematic update of the commercial codes (including expanding the scope of their legal regulations), in Ukraine steps are being taken to eliminate the commercial code. This seems completely unacceptable; it harms the legal regulation of business relations in Ukraine significantly and slows down the progressive development of the Ukraine’s economy. The analysis of the commercial codes abroad shows that there is no single approach to the list of legal constructions that should form the basis of the relevant code. All, without exception, codified acts of this type are characterized by the presence of special institutions that, from the point of foreign lawyer’s view or current trends in private law, may seem do not meet certain standards.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121350040","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-07-01DOI: 10.31262/1339-5467/2021/9/2/136-145
Djulieta Vasiloi
Reviewing the publication Magherescu, Delia: Criminal Procedure Law: General Part: Special Part, a significant legal education instrument addressed to those who might be interested in deepening their knowledge in the field of the criminal justice system of Romania.
{"title":"Magherescu, Delia: Drept procesual penal: Partea generală: Partea specială [Criminal Procedure Law: General Part: Special Part]. Bucureşti: Pro Universitaria, 2020. 412 p. ISBN 978-606-26-1267-2","authors":"Djulieta Vasiloi","doi":"10.31262/1339-5467/2021/9/2/136-145","DOIUrl":"https://doi.org/10.31262/1339-5467/2021/9/2/136-145","url":null,"abstract":"Reviewing the publication Magherescu, Delia: Criminal Procedure Law: General Part: Special Part, a significant legal education instrument addressed to those who might be interested in deepening their knowledge in the field of the criminal justice system of Romania.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"144 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114060814","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-07-01DOI: 10.31262/1339-5467/2021/9/2/114-135
Mykola Mykhailovych Ostapiak
The paper focuses on the peculiarities of the European Small Claims Procedure and the application of this mechanism in the Slovak Republic. The main provisions of the European Union Regulation (EC) No. 861/2007 (in full Regulation (EC) No. 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure), which introduces this procedure, are investigated, in particular the stages of consideration of the case from the submission of the application by the applicant to the execution of the court judgment and the possibility of appeal. Particular attention is paid to the provisions of the Contentious Civil Procedure Code of the Slovak Republic, which regulates the procedural actions during consideration of small cases, which are not regulated by the above-mentioned European Union Regulation (EC) No. 861/2007. The practical component is analysed on the basis of court cases considered by courts of the first instance in Slovakia. The problematic issues that arise during the application of the European Small Claims Procedure are highlighted.
{"title":"European Small Claims Procedure in Slovakia","authors":"Mykola Mykhailovych Ostapiak","doi":"10.31262/1339-5467/2021/9/2/114-135","DOIUrl":"https://doi.org/10.31262/1339-5467/2021/9/2/114-135","url":null,"abstract":"The paper focuses on the peculiarities of the European Small Claims Procedure and the application of this mechanism in the Slovak Republic. The main provisions of the European Union Regulation (EC) No. 861/2007 (in full Regulation (EC) No. 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure), which introduces this procedure, are investigated, in particular the stages of consideration of the case from the submission of the application by the applicant to the execution of the court judgment and the possibility of appeal. Particular attention is paid to the provisions of the Contentious Civil Procedure Code of the Slovak Republic, which regulates the procedural actions during consideration of small cases, which are not regulated by the above-mentioned European Union Regulation (EC) No. 861/2007. The practical component is analysed on the basis of court cases considered by courts of the first instance in Slovakia. The problematic issues that arise during the application of the European Small Claims Procedure are highlighted.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122851407","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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