Pub Date : 2020-10-01DOI: 10.31262/1339-5467/2020/8/3/46-75
Renata Pawlik
: The subject of the paper is an analysis of the issue of criminal responsibility for participation in illegal car races and the possibility of assigning it to drivers deliberately causing the risk of death of another traffic participant. The author, using the example of events taking place in Ger-many, Slovakia and Poland, indicates the need to prosecute their participants who caused death of another person taking part in the traffic for intentional homicide or murder. The paper examines the issue of responsibility for causing common danger in traffic and presents arguments support-ing the idea of assigning such responsibility to people who show bravado in road traffic and disregard danger they cause for life and health of other road users.
{"title":"Liability for Intentional Crime as Consequence of Traffic Offenses – Comparative Considerations","authors":"Renata Pawlik","doi":"10.31262/1339-5467/2020/8/3/46-75","DOIUrl":"https://doi.org/10.31262/1339-5467/2020/8/3/46-75","url":null,"abstract":": The subject of the paper is an analysis of the issue of criminal responsibility for participation in illegal car races and the possibility of assigning it to drivers deliberately causing the risk of death of another traffic participant. The author, using the example of events taking place in Ger-many, Slovakia and Poland, indicates the need to prosecute their participants who caused death of another person taking part in the traffic for intentional homicide or murder. The paper examines the issue of responsibility for causing common danger in traffic and presents arguments support-ing the idea of assigning such responsibility to people who show bravado in road traffic and disregard danger they cause for life and health of other road users.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128466166","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 : 2020-10-01DOI: 10.31262/1339-5467/2020/8/3/93-117
J. Morávek
: The paper focuses primarily on the reflection of the coronavirus pandemics in the legal regulation of the labour relationships in the Czech Republic. The author pays his special attention to the support provided by the state to employers. The paper analyses the legal status as of August 9 th , 2020.
{"title":"The Story about the Czech Labour Law in the Time of Coronavirus","authors":"J. Morávek","doi":"10.31262/1339-5467/2020/8/3/93-117","DOIUrl":"https://doi.org/10.31262/1339-5467/2020/8/3/93-117","url":null,"abstract":": The paper focuses primarily on the reflection of the coronavirus pandemics in the legal regulation of the labour relationships in the Czech Republic. The author pays his special attention to the support provided by the state to employers. The paper analyses the legal status as of August 9 th , 2020.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126843684","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 : 2020-10-01DOI: 10.31262/1339-5467/2020/8/3/76-92
Karol Ryszkowski
: To maintain the unity of the state and the legal order, Justinian banned the writing of abstracts, excerpts and interpretations of his codification. Justinian’s bans were subject to high penalties; however, they were already violated during his lifetime, which contributed to the development of legal thought. The durability of Justinian’s codification, as evidenced by long period of validity, was only apparent, because the Justinian law was only in force in later periods theoretically and in the form of extracts from extracts, including the Eclogue, Basilika, Novels of Leo VI, Procheiron and Epanagoge. The Eastern Church had far-reaching privileges under the imperial law, so it made sure that it was not lost by the desuetude. To this end, separate sets of provisions were created, whether included only in the imperial constitutions or provisions contained in all Justinian legislation. In the 7 th Century, these collections combined collections of the Byzantine emperors – translated into the Old Russian by the state law for the Church with the provisions of the church legislation – canons (nomocanons). The apparatus of power in Byzantium deviated from its Roman standards. An important thread in the development of the Roman law in the Eastern Europe was its didactics. In the beginning, the problem was to eliminate scientific centres in Athens and Alexandria, which were opposing the Justinian codification. The consequence of the collapse of schools in Byzantium was the collapse of scientific development of the Roman-Byzantine law in the Eastern Europe. The lack of schools that could deal with the development of the Roman law also hindered its reception in Russia and the Balkan Penin-sula, but in Greece Hexabiblos lasted until year 1946.
{"title":"The Fate of the Roman Law in the Eastern Europe since the Death of Justinian the Great until the Fall of the Byzantine Empire","authors":"Karol Ryszkowski","doi":"10.31262/1339-5467/2020/8/3/76-92","DOIUrl":"https://doi.org/10.31262/1339-5467/2020/8/3/76-92","url":null,"abstract":": To maintain the unity of the state and the legal order, Justinian banned the writing of abstracts, excerpts and interpretations of his codification. Justinian’s bans were subject to high penalties; however, they were already violated during his lifetime, which contributed to the development of legal thought. The durability of Justinian’s codification, as evidenced by long period of validity, was only apparent, because the Justinian law was only in force in later periods theoretically and in the form of extracts from extracts, including the Eclogue, Basilika, Novels of Leo VI, Procheiron and Epanagoge. The Eastern Church had far-reaching privileges under the imperial law, so it made sure that it was not lost by the desuetude. To this end, separate sets of provisions were created, whether included only in the imperial constitutions or provisions contained in all Justinian legislation. In the 7 th Century, these collections combined collections of the Byzantine emperors – translated into the Old Russian by the state law for the Church with the provisions of the church legislation – canons (nomocanons). The apparatus of power in Byzantium deviated from its Roman standards. An important thread in the development of the Roman law in the Eastern Europe was its didactics. In the beginning, the problem was to eliminate scientific centres in Athens and Alexandria, which were opposing the Justinian codification. The consequence of the collapse of schools in Byzantium was the collapse of scientific development of the Roman-Byzantine law in the Eastern Europe. The lack of schools that could deal with the development of the Roman law also hindered its reception in Russia and the Balkan Penin-sula, but in Greece Hexabiblos lasted until year 1946.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"77 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124449876","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 : 2020-07-01DOI: 10.31262/1339-5467/2020/8/2/51-71
M. Maslen
: This paper analyses the Roman water law defining water as a natural resource vital for proper working and functioning of the society. Subsequently, it deals with the notion of water in the medieval Hungarian law in terms of legal relations and, last but not least, analyses water as an object of the state strategic interests’ protection and covers the responsibil-ities of an individual and the state for the efficient, economical and sustainable use of water.
{"title":"Roman, Historical and Contemporary Legal Access to Water as Object of Public Relations","authors":"M. Maslen","doi":"10.31262/1339-5467/2020/8/2/51-71","DOIUrl":"https://doi.org/10.31262/1339-5467/2020/8/2/51-71","url":null,"abstract":": This paper analyses the Roman water law defining water as a natural resource vital for proper working and functioning of the society. Subsequently, it deals with the notion of water in the medieval Hungarian law in terms of legal relations and, last but not least, analyses water as an object of the state strategic interests’ protection and covers the responsibil-ities of an individual and the state for the efficient, economical and sustainable use of water.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130747466","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 : 2020-07-01DOI: 10.31262/1339-5467/2020/8/2/19-31
M. Štefko
: In year 2017, the Czech Act on Administrative Liability pro-longed a period within which administrative agencies must bring a claim against a defendant. Said Act was the so-called ex post facto law, i.e. a law that retroactively changes the rules of procedure in force at the time an al-leged administrative tort was committed in a way substantially disadvan-tageous to the accused. The Act on Administrative Liability was challenged in the Constitutional Court of the Czech Republic which quashed the respec-tive disputed paragraph of the above-stated Act. The retroactively pro-longed timeframe violated a policy-based reason that a defendant should not have the threat of being sued for longer period of time than set forth in the law applicable at the time when the tort was committed. The compe-tent state agency should have an incentive to bring claims as soon as possi-ble.
{"title":"Employers’ Constitutional Protection against Retroactive Measures Aimed to Prolong Their Administrative Liability by Increasing Time Limitation","authors":"M. Štefko","doi":"10.31262/1339-5467/2020/8/2/19-31","DOIUrl":"https://doi.org/10.31262/1339-5467/2020/8/2/19-31","url":null,"abstract":": In year 2017, the Czech Act on Administrative Liability pro-longed a period within which administrative agencies must bring a claim against a defendant. Said Act was the so-called ex post facto law, i.e. a law that retroactively changes the rules of procedure in force at the time an al-leged administrative tort was committed in a way substantially disadvan-tageous to the accused. The Act on Administrative Liability was challenged in the Constitutional Court of the Czech Republic which quashed the respec-tive disputed paragraph of the above-stated Act. The retroactively pro-longed timeframe violated a policy-based reason that a defendant should not have the threat of being sued for longer period of time than set forth in the law applicable at the time when the tort was committed. The compe-tent state agency should have an incentive to bring claims as soon as possi-ble.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132074394","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 : 2020-05-20DOI: 10.31262/1339-5467/2020/8/1/98-108
E. Szabová
The paper deals with the issue of protection of victims of sexually motivated crimes, namely the most vulnerable victims who are, undoubtedly, minors. The present paper pays attention to the situation in which such a victim of crime is the only or the key witness in the criminal proceedings. Particular emphasis is placed on the need to respect the right to be heard. In this context, the paper seeks to point out the contradiction that may inevitably arise between the need to protect the rights of particularly vulnerable victims on the one hand and the need to respect the right to crossexamine the witness belonging to the accused person. The paper tries to point out the problems and controversial issues that arise in the abovementioned context, while trying to solve them by analysing the relevant decisions of the Slovak and foreign judicial authorities.
{"title":"Protection of Victims in Criminal Proceedings with Emphasis on Child Victims of Sexually Motivated Crimes","authors":"E. Szabová","doi":"10.31262/1339-5467/2020/8/1/98-108","DOIUrl":"https://doi.org/10.31262/1339-5467/2020/8/1/98-108","url":null,"abstract":"The paper deals with the issue of protection of victims of sexually motivated crimes, namely the most vulnerable victims who are, undoubtedly, minors. The present paper pays attention to the situation in which such a victim of crime is the only or the key witness in the criminal proceedings. Particular emphasis is placed on the need to respect the right to be heard. In this context, the paper seeks to point out the contradiction that may inevitably arise between the need to protect the rights of particularly vulnerable victims on the one hand and the need to respect the right to crossexamine the witness belonging to the accused person. The paper tries to point out the problems and controversial issues that arise in the abovementioned context, while trying to solve them by analysing the relevant decisions of the Slovak and foreign judicial authorities.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121489169","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 : 2020-05-20DOI: 10.31262/1339-5467/2020/8/1/61-77
M. Hrdý
: The issue of recording the working time of academic staff is a very complicated matter requiring a deeper legal analysis. An amend-ment to the Higher Education Act legalizes the previous situation when a part of his/her duties was performed by an academic employee outside the workplace of the relevant higher education institution, i.e. his/her employer. The division of the working time of an academic employee into the period when he/she performs mainly pedagogical activities and activities related to pedagogical activities in the workplace of the employer and the period when he/she performs scientific and other creative activities that he/she himself/herself schedules in the place he/she chooses, is definitely the right way. However, these amendments must fully comply with the ap-plicable current wording of the Labour Code. A problematic area are the performance of the work of an academic employee outside the workplace of the employer and the questions of the length of working time, breaks at work and between shifts, performance of night work and work on Satur-days and Sundays as well as questions related to the occupational safety and health at workplace.
{"title":"Problems of Recording Working Time of Academic Staff According to New Legal Conditions","authors":"M. Hrdý","doi":"10.31262/1339-5467/2020/8/1/61-77","DOIUrl":"https://doi.org/10.31262/1339-5467/2020/8/1/61-77","url":null,"abstract":": The issue of recording the working time of academic staff is a very complicated matter requiring a deeper legal analysis. An amend-ment to the Higher Education Act legalizes the previous situation when a part of his/her duties was performed by an academic employee outside the workplace of the relevant higher education institution, i.e. his/her employer. The division of the working time of an academic employee into the period when he/she performs mainly pedagogical activities and activities related to pedagogical activities in the workplace of the employer and the period when he/she performs scientific and other creative activities that he/she himself/herself schedules in the place he/she chooses, is definitely the right way. However, these amendments must fully comply with the ap-plicable current wording of the Labour Code. A problematic area are the performance of the work of an academic employee outside the workplace of the employer and the questions of the length of working time, breaks at work and between shifts, performance of night work and work on Satur-days and Sundays as well as questions related to the occupational safety and health at workplace.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129121273","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 : 2020-05-20DOI: 10.31262/1339-5467/2020/8/1/109-132
Laura Bačová
: This paper aims to provide readers with a comprehensive over-view of the current challenges to the rules of the public international law on the use of force. “New wars” or, better to say, armed conflicts are no longer a duel between the rival states, but include a complex mix of internal and international elements, taking place in a globalized environment and involving an increasing number of the state and non-state actors. Recent armed conflicts can be distinguished from conventional wars mostly in terms of their context, roles of the states and non-states actors, their meth-ods, motives, objectives and their victims. There are growing concerns at the failure to respond adequately to modern security threats and humanitarian catastrophes, such as in Rwanda and Syria. Such concerns have led to push the boundaries of the law, seeking to construct a unilateral right to use the force preventively or for humanitarian purposes. The paper exam-ines the concepts of the humanitarian intervention and the responsibility to protect.
{"title":"Permitted Ways of Using Force or Threat by Force under the Conditions of Current International Law","authors":"Laura Bačová","doi":"10.31262/1339-5467/2020/8/1/109-132","DOIUrl":"https://doi.org/10.31262/1339-5467/2020/8/1/109-132","url":null,"abstract":": This paper aims to provide readers with a comprehensive over-view of the current challenges to the rules of the public international law on the use of force. “New wars” or, better to say, armed conflicts are no longer a duel between the rival states, but include a complex mix of internal and international elements, taking place in a globalized environment and involving an increasing number of the state and non-state actors. Recent armed conflicts can be distinguished from conventional wars mostly in terms of their context, roles of the states and non-states actors, their meth-ods, motives, objectives and their victims. There are growing concerns at the failure to respond adequately to modern security threats and humanitarian catastrophes, such as in Rwanda and Syria. Such concerns have led to push the boundaries of the law, seeking to construct a unilateral right to use the force preventively or for humanitarian purposes. The paper exam-ines the concepts of the humanitarian intervention and the responsibility to protect.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"607 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132226067","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 : 2020-05-20DOI: 10.31262/1339-5467/2020/8/1/78-97
V. Križan
Work can be performed in employment relationship by employees/workers as well as in civil or commercial relationship by a self-employed person providing services and thus it is necessary to distinguish the performance of work by workers from the provision of services. The aim of the paper is to identify the characteristics of a worker for the purpose of exercising freedom of movement for workers in the decision-making of the Court of Justice of the European Union. The author concludes that, as far as genuine and effective activity is concerned, the activity carried out by a worker is characterised by a relationship of subordination and payment of remuneration.
{"title":"The Concept of Worker for the Purpose of Regulating the Free Movement of the European Union Workers","authors":"V. Križan","doi":"10.31262/1339-5467/2020/8/1/78-97","DOIUrl":"https://doi.org/10.31262/1339-5467/2020/8/1/78-97","url":null,"abstract":"Work can be performed in employment relationship by employees/workers as well as in civil or commercial relationship by a self-employed person providing services and thus it is necessary to distinguish the performance of work by workers from the provision of services. The aim of the paper is to identify the characteristics of a worker for the purpose of exercising freedom of movement for workers in the decision-making of the Court of Justice of the European Union. The author concludes that, as far as genuine and effective activity is concerned, the activity carried out by a worker is characterised by a relationship of subordination and payment of remuneration.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133519651","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 : 2020-05-20DOI: 10.31262/1339-5467/2020/8/1/47-60
H. Barancová
: The protective function is the dominant function of the labour law. It is of great importance not only for the creation and further devel-opment of the labour law, but also for its correct interpretation. The protective function of the labour law implies that, in contrast to other branches of the private law, the employer has substantially more obligations to-wards his/her employee. The employee “pays” for his/her above-standard social status in the employment relationship by the obligation of subordi-nation. Therefore, the labour-law relations are not characterised by equali-ty of subjects, as in other branches of the private law. Also the principle of freedom in the form of contractual freedom is significantly more tightened in the labour law than in other branches of the private law. In the second part of the paper, the author analyses practical current problems of the labour law which arise especially in connection with the introduction of new digital forms of work and suggests also ways of their solution in legislative practice.
{"title":"Protective Function of Labour Law and Current Problems of Employee-Employer Relationship","authors":"H. Barancová","doi":"10.31262/1339-5467/2020/8/1/47-60","DOIUrl":"https://doi.org/10.31262/1339-5467/2020/8/1/47-60","url":null,"abstract":": The protective function is the dominant function of the labour law. It is of great importance not only for the creation and further devel-opment of the labour law, but also for its correct interpretation. The protective function of the labour law implies that, in contrast to other branches of the private law, the employer has substantially more obligations to-wards his/her employee. The employee “pays” for his/her above-standard social status in the employment relationship by the obligation of subordi-nation. Therefore, the labour-law relations are not characterised by equali-ty of subjects, as in other branches of the private law. Also the principle of freedom in the form of contractual freedom is significantly more tightened in the labour law than in other branches of the private law. In the second part of the paper, the author analyses practical current problems of the labour law which arise especially in connection with the introduction of new digital forms of work and suggests also ways of their solution in legislative practice.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129242474","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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