Pub Date : 1900-01-01DOI: 10.31262/1339-5467/2021/10/1/36-49
Andrei Zarafiu
The judicial process of making decision in criminal cases is, generally speaking, increasingly analysed within a complex framework, one of these being harmonized with principles, and concepts organized along with the forensic activities of investigation. To this regard, the Romanian judicial activity in criminal cases is not away from these values of respecting standards in criminal proceedings. This situation is particularly viewed during the judgment phase of criminal proceedings at the stage of making decision. Taking into consideration all these aspects, the current paper is focused on the best practices of the activity of decision making in criminal cases in Romania, particular attention being paid to the forensic science and the way in which it influences the process of achieving decision in the framework of administering and assessing evidence based on forensic activity of investigation. An in-depth analysis of both the doctrine trends and the case-law presentation on the topic of decision making in criminal proceedings within the forensic framework in Romania will be presented, as well as the case-law remarks and comments of this topic. The idea of this paper was conducted by the fact that several criminal cases are usually solved by taking into account the involvement of forensic investigation records of gathering evidence which help judicial bodies in making decision in criminal proceedings.
{"title":"Making Decision in Criminal Proceedings within a General Theory of Forensic Science in Romania","authors":"Andrei Zarafiu","doi":"10.31262/1339-5467/2021/10/1/36-49","DOIUrl":"https://doi.org/10.31262/1339-5467/2021/10/1/36-49","url":null,"abstract":"The judicial process of making decision in criminal cases is, generally speaking, increasingly analysed within a complex framework, one of these being harmonized with principles, and concepts organized along with the forensic activities of investigation. To this regard, the Romanian judicial activity in criminal cases is not away from these values of respecting standards in criminal proceedings. This situation is particularly viewed during the judgment phase of criminal proceedings at the stage of making decision. Taking into consideration all these aspects, the current paper is focused on the best practices of the activity of decision making in criminal cases in Romania, particular attention being paid to the forensic science and the way in which it influences the process of achieving decision in the framework of administering and assessing evidence based on forensic activity of investigation. An in-depth analysis of both the doctrine trends and the case-law presentation on the topic of decision making in criminal proceedings within the forensic framework in Romania will be presented, as well as the case-law remarks and comments of this topic. The idea of this paper was conducted by the fact that several criminal cases are usually solved by taking into account the involvement of forensic investigation records of gathering evidence which help judicial bodies in making decision in criminal proceedings.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134255382","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 : 1900-01-01DOI: 10.31262/1339-5467/2022/10/2/19-50
J. Morávek
The submitted paper offers an insight into the most fundamental changes in the Czech labour law legislation during the pandemics as well as points out what legislation, even though it should have happened with regard to the European regulations, was not adopted. In addition, several decisions of the high courts of the Czech Republic from (mainly) the pandemic years are referenced here, which significantly affect the labour law relations, interpretation and application (especially, but not only) of the labour law regulations.
{"title":"Looking Back at the Labour Law Legislation and Jurisprudence (Especially) during the Pandemic Years","authors":"J. Morávek","doi":"10.31262/1339-5467/2022/10/2/19-50","DOIUrl":"https://doi.org/10.31262/1339-5467/2022/10/2/19-50","url":null,"abstract":"The submitted paper offers an insight into the most fundamental changes in the Czech labour law legislation during the pandemics as well as points out what legislation, even though it should have happened with regard to the European regulations, was not adopted. In addition, several decisions of the high courts of the Czech Republic from (mainly) the pandemic years are referenced here, which significantly affect the labour law relations, interpretation and application (especially, but not only) of the labour law regulations.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125233576","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 : 1900-01-01DOI: 10.31262/1339-5467/2022/10/2/65-92
Adrián Jalč
The Convention for the Protection of Human Rights and Fundamental Freedoms (the European Convention on Human Rights) in the Article 6 declares the right to a fair trial which consists of several general guarantees. The presented paper analyses the criminal-procedural position of the accused in terms of decisions of the European Court of Human Rights, the Constitutional Court of the Slovak Republic and the courts in the Slovak Republic. It also tries to compare the given situation with the applicable Slovak legislation.
{"title":"On the Case Law of Courts from the Point of View of the Fair Trial Principles","authors":"Adrián Jalč","doi":"10.31262/1339-5467/2022/10/2/65-92","DOIUrl":"https://doi.org/10.31262/1339-5467/2022/10/2/65-92","url":null,"abstract":"The Convention for the Protection of Human Rights and Fundamental Freedoms (the European Convention on Human Rights) in the Article 6 declares the right to a fair trial which consists of several general guarantees. The presented paper analyses the criminal-procedural position of the accused in terms of decisions of the European Court of Human Rights, the Constitutional Court of the Slovak Republic and the courts in the Slovak Republic. It also tries to compare the given situation with the applicable Slovak legislation.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114512963","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 : 1900-01-01DOI: 10.31262/1339-5467/2021/10/1/66-86
Veronika Zoričáková
In the paper, the author deals with the issue of a contractual penalty in labour relations, while the reason for reopening this issue was the ongoing unclear nature of the agreement on monetary compensation in the provision of § 62 paragraph 8 and § 83a paragraph 5 of the Slovak Labour Code. After a theoretical introduction to the contractual penalty, its nature, functions and relationship to liability for damage under civil law and commercial law, she concludes that monetary compensation agreements, in fact, are contractual penalty agreements. However, they are characterized by peculiarities that affect the potential relationship of the general civilian regulation of the contractual penalty, especially in terms of the relationship of monetary compensation and liability for damage caused by violation of the same obligation and the moderating right of the court. In conclusions, she briefly formulates possible future relation between the Slovak Civil Code and the Slovak Commercial Code and she agrees with the need to set up full subsidiarity of the Civil Code to the Labour Code.
{"title":"Contractual Penalty in Labour Law? A Brief Reflection on the Agreement on Monetary Compensation in Paragraph 62(8) and Paragraph 83a(5) of the Labour Code","authors":"Veronika Zoričáková","doi":"10.31262/1339-5467/2021/10/1/66-86","DOIUrl":"https://doi.org/10.31262/1339-5467/2021/10/1/66-86","url":null,"abstract":"In the paper, the author deals with the issue of a contractual penalty in labour relations, while the reason for reopening this issue was the ongoing unclear nature of the agreement on monetary compensation in the provision of § 62 paragraph 8 and § 83a paragraph 5 of the Slovak Labour Code. After a theoretical introduction to the contractual penalty, its nature, functions and relationship to liability for damage under civil law and commercial law, she concludes that monetary compensation agreements, in fact, are contractual penalty agreements. However, they are characterized by peculiarities that affect the potential relationship of the general civilian regulation of the contractual penalty, especially in terms of the relationship of monetary compensation and liability for damage caused by violation of the same obligation and the moderating right of the court. In conclusions, she briefly formulates possible future relation between the Slovak Civil Code and the Slovak Commercial Code and she agrees with the need to set up full subsidiarity of the Civil Code to the Labour Code.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134641164","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 : 1900-01-01DOI: 10.31262/1339-5467/2022/10/2/93-100
Peter Vyšný
Reviewing the scientific monograph Šavelková, Lívia, Jana Jetmarová and Tomáš Boukal, eds.: Indigenous Peoples and Globalization.
回顾科学专著Šavelková， Lívia, Jana jetmarov和Tomáš Boukal编辑。:土著人民与全球化。
{"title":"Šavelková, Lívia, Jana Jetmarová and Tomáš Boukal, eds.: Indigenous Peoples and Globalization. Červený Kostelec: Pavel Mervart, 2021. 722 p. ISBN 978-80-7465-487-9","authors":"Peter Vyšný","doi":"10.31262/1339-5467/2022/10/2/93-100","DOIUrl":"https://doi.org/10.31262/1339-5467/2022/10/2/93-100","url":null,"abstract":"Reviewing the scientific monograph Šavelková, Lívia, Jana Jetmarová and Tomáš Boukal, eds.: Indigenous Peoples and Globalization.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"128 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122042095","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 : 1900-01-01DOI: 10.31262/1339-5467/2021/9/4/102-117
Martina Kováčiková
The paper focuses on bringing the issue of alimony benefit in the law of the Slovak Republic in the context of the latest amendment to the legislation in question. In the paper, we deal with the current legal regulation of alimony benefit; subsequently we pay our attention to the amendment to the Act No. 201/2008 Coll. on Substitute Alimony and on Amendments to the Act No. 36/2005 Coll. on the Family and on Amendments to Certain Acts, as amended by the Judgment of the Constitutional Court of the Slovak Republic No. 615/2006 Coll., as amended, effective from January 1, 2022. In the paper, we also discuss the pros and cons of the change in question. We draw information mainly from the effective legal regulation of the given issue and from the approved wording of the above-mentioned amendment to the basic legislation in question.
{"title":"Alimony Benefit in the Context of the Amendment to the Act No. 489/2021 Coll.","authors":"Martina Kováčiková","doi":"10.31262/1339-5467/2021/9/4/102-117","DOIUrl":"https://doi.org/10.31262/1339-5467/2021/9/4/102-117","url":null,"abstract":"The paper focuses on bringing the issue of alimony benefit in the law of the Slovak Republic in the context of the latest amendment to the legislation in question. In the paper, we deal with the current legal regulation of alimony benefit; subsequently we pay our attention to the amendment to the Act No. 201/2008 Coll. on Substitute Alimony and on Amendments to the Act No. 36/2005 Coll. on the Family and on Amendments to Certain Acts, as amended by the Judgment of the Constitutional Court of the Slovak Republic No. 615/2006 Coll., as amended, effective from January 1, 2022. In the paper, we also discuss the pros and cons of the change in question. We draw information mainly from the effective legal regulation of the given issue and from the approved wording of the above-mentioned amendment to the basic legislation in question.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114383273","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 : 1900-01-01DOI: 10.31262/1339-5467/2021/9/4/52-78
Małgorzata Mędrala
The aim of this paper is to analyse selected issues related to the phenomenon of the self-employment in Poland from the perspective of the competitiveness of the labour market. This topic remains particularly relevant in the view of the growing number of the self-employed in Poland. It also touches upon an important constitutional sphere related, on the one hand, to the guaranteed social rights of working people (the rights of the second generation) and, on the other hand, to the right to freedom of economic activity. The Polish practice to this day is not fully able to deal effectively with the problem of fictitious self-employment. This text is of a contributory nature. Its purpose is to indicate some research problems related to the phenomenon of the self-employment in Poland from the perspective of the market competitiveness and social burdens as well as to indicate the main weaknesses of the current material and procedural solutions in this matter.
{"title":"Competitiveness of the Labour Market and the Welfare Burden on Employing Entities – Selected Reflections from the Polish Perspective","authors":"Małgorzata Mędrala","doi":"10.31262/1339-5467/2021/9/4/52-78","DOIUrl":"https://doi.org/10.31262/1339-5467/2021/9/4/52-78","url":null,"abstract":"The aim of this paper is to analyse selected issues related to the phenomenon of the self-employment in Poland from the perspective of the competitiveness of the labour market. This topic remains particularly relevant in the view of the growing number of the self-employed in Poland. It also touches upon an important constitutional sphere related, on the one hand, to the guaranteed social rights of working people (the rights of the second generation) and, on the other hand, to the right to freedom of economic activity. The Polish practice to this day is not fully able to deal effectively with the problem of fictitious self-employment. This text is of a contributory nature. Its purpose is to indicate some research problems related to the phenomenon of the self-employment in Poland from the perspective of the market competitiveness and social burdens as well as to indicate the main weaknesses of the current material and procedural solutions in this matter.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122835899","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 : 1900-01-01DOI: 10.31262/1339-5467/2022/10/1/19-35
R. Adamus
This study concerns on the Draft Act on Family Foundations. This draft law is still in the course of legislative works, but it constitutes the basis for a lively discussion in Poland on its final structure. This paper presents the general concept of regulating family foundations in Poland with the most important aspects of the private-legal structure. The model relating to tax solutions remains beyond the scope of this text. The Bill on Family Foundations has a symbolic dimension, because if the legislator intends to implement it, it means that the development of economic relations in Poland has reached an appropriate high level.
{"title":"Polish Draft Law on “Family Foundations”","authors":"R. Adamus","doi":"10.31262/1339-5467/2022/10/1/19-35","DOIUrl":"https://doi.org/10.31262/1339-5467/2022/10/1/19-35","url":null,"abstract":"This study concerns on the Draft Act on Family Foundations. This draft law is still in the course of legislative works, but it constitutes the basis for a lively discussion in Poland on its final structure. This paper presents the general concept of regulating family foundations in Poland with the most important aspects of the private-legal structure. The model relating to tax solutions remains beyond the scope of this text. The Bill on Family Foundations has a symbolic dimension, because if the legislator intends to implement it, it means that the development of economic relations in Poland has reached an appropriate high level.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122008576","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 : 1900-01-01DOI: 10.31262/1339-5467/2022/10/2/51-64
M. Švec, Andrea Olšovská
Although the title of the presented paper sounds complicated, the search for legal solutions by the collective of authors aims to answer a simple question, which, however, hides a number of problems. It is necessary to ask the question whether the employer may fulfil the content of the employee’s obligation resulting from generally binding legal rules or internal company (or corporate) rules, which consists in the effective use of the employer’s property, by concluding an agreement on material liability according to the Section 182 of the Act No. 311/2001 Coll. Labour Code, as amended, with all affected employees that enables the employer to compensate any damage caused to its property subsequently by applying this special type of employee’s liability.
{"title":"Employer’s Property Effective Use and the Necessity to Ensure Its Management in Connection with the Liability Employment-law Relations","authors":"M. Švec, Andrea Olšovská","doi":"10.31262/1339-5467/2022/10/2/51-64","DOIUrl":"https://doi.org/10.31262/1339-5467/2022/10/2/51-64","url":null,"abstract":"Although the title of the presented paper sounds complicated, the search for legal solutions by the collective of authors aims to answer a simple question, which, however, hides a number of problems. It is necessary to ask the question whether the employer may fulfil the content of the employee’s obligation resulting from generally binding legal rules or internal company (or corporate) rules, which consists in the effective use of the employer’s property, by concluding an agreement on material liability according to the Section 182 of the Act No. 311/2001 Coll. Labour Code, as amended, with all affected employees that enables the employer to compensate any damage caused to its property subsequently by applying this special type of employee’s liability.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125668407","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 : 1900-01-01DOI: 10.31262/1339-5467/2021/9/4/32-51
Samanta Kowalska
Nowadays, terrorist attacks increasingly often take on an amorphous form, which may cause the society to assume a state of inaction or to inspire a false sense of security. Escalation of terrorist attacks leads to the introduction of new counteractive measures and revision of the existing systems of security. The current reflections emphasise how the essence of human rights ought to serve as a point of reference for organs of the law enforcement and legislation alike, with the aim of preventing arbitrary surveillance of citizens. The paper demonstrates why it is important for counter-terrorism strategy to be continually revisiting this axiom, which leads to increased practicality of regulations concerning identification and effective combating of terrorism. The axiology of human rights navigates towards universal, timeless values which have the capability of uniting people for the benefit of effective preventive measures based on active involvement, reasonable and future-oriented legislation.
{"title":"Terrorist Modus Operandi and Protection of Human Rights","authors":"Samanta Kowalska","doi":"10.31262/1339-5467/2021/9/4/32-51","DOIUrl":"https://doi.org/10.31262/1339-5467/2021/9/4/32-51","url":null,"abstract":"Nowadays, terrorist attacks increasingly often take on an amorphous form, which may cause the society to assume a state of inaction or to inspire a false sense of security. Escalation of terrorist attacks leads to the introduction of new counteractive measures and revision of the existing systems of security. The current reflections emphasise how the essence of human rights ought to serve as a point of reference for organs of the law enforcement and legislation alike, with the aim of preventing arbitrary surveillance of citizens. The paper demonstrates why it is important for counter-terrorism strategy to be continually revisiting this axiom, which leads to increased practicality of regulations concerning identification and effective combating of terrorism. The axiology of human rights navigates towards universal, timeless values which have the capability of uniting people for the benefit of effective preventive measures based on active involvement, reasonable and future-oriented legislation.","PeriodicalId":406988,"journal":{"name":"Societas et Iurisprudentia","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132843047","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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