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The entity that does not regulate its public liabilities is exposed to initiate enforcement proceedings against him. The law on the administrative enforcement proceedings either regulates the conduct of execution or legal remedies of the debtor. One of the most important remedies listed in the Act is the allegation. It is a specific law remedy in enforcement proceedings. The only one side during of enforcement proceedings, which has the right to make a allegations is the debtor. The law comes from the indication of legal grounds for an allegation. The aim of this paper is to present the changes made to the law on administrative enforcement proceedings regarding the allegations.(original abstract) Podmiot, który nie reguluje swoich zobowiązań publicznoprawnych, narażony jest na wszczęcie wobec niego postępowania egzekucyjnego. Ustawa o postępowaniu egzekucyjnym w administracji nie tylko reguluje sposób prowadzenia egzekucji, ale również zawiera środki ochrony prawnej zobowiązanego. Jednym z ważniejszych środków ochrony prawnej zobowiązanego wymienionych w ustawie jest zarzut. Jest to zarazem środek prawny specyficzny dla postępowania egzekucyjnego. Podmiotem postępowania egzekucyjnego, który posiada prawo do złożenia zarzutu, jest tylko i wyłącznie zobowiązany. Prawo to wynika ze wskazania podstaw prawnych do wniesienia zarzutu. Celem opracowania jest przedstawienie zmian wprowadzonych do ustawy o postępowaniu egzekucyjnym w administracji dotyczących zarzutu.
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The article analyzes main international regulatory trends in science, technology and innovation (STI) formalized in the documents of the UN, OECD, UNESCO and other international organizations. These trends include (1) STI development as an integral part of sustainable development, (2) focus on science education and STI promotion, (3) STI strategic planning and foresight, (4) establishing terms of STI monitoring, (5) Open Science and recognition of information and communication technology (ICT) as a driving force of Open Science and innovation, (6) focus on fundamental research in significant socioeconomic projects, (7) new approaches to the innovation support. These international STI regulatory trends are not reflected in the current Russian legislation. Due to the critical need of advanced regulation in the Russian legal and economic system, the new STI Law should include all the abovementioned international trends while the Ministry of Education and Science of the Russian Federation are drafting its Concept. In this article, the authors put forward proposals on the content of norms reflecting the relevant international trends that can be used in developing the above mentioned federal Law.
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Some problematic issues related to the Article 71 of the Criminal Code of the Republic of Lithuania, which regulates the criminal measure - Payment to the Fund for Victims of Crime (hereinafter referred to as the Payment), are analyzed in this article. The main objective of this article is to provide conclusions and suggestions that would contribute to the more effective imposing and enforcement of this criminal measure. According to this objective, the first part of the article concerns the specifics of applying the Payment together with other sentences. The possibility to impose the Payment to the legal persons is analyzed in the second part of the article. The next parts of the article summarize the information about the possible amount of the Payment, its proportionality comparing to the fine and the rules of determining the amount of the Payment. Finally, some problematic issues concerned with the enforcement of the Payment are analyzed in the last part of this article. At the end of article some sugges¬tions to change or supplement the existing legal acts are made by the authors of the article.
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Curtea de Apel Craiova, secţia I civilă, decizia nr. 9285 din 5 noiembrie 2013
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Modern Latvian legislation, despite more than twenty years of experience in process of regulation of residential houses administration, is still in the making. This also causes a number of gaps in legislation related to the residential houses administration process. In the residential houses administration process, the owner of a residential house (apartment owners in a residential house) is the subject of administration - the primary subject, the persons attracted by the owner of the residential house (apartment owners) for residential houses administration are the mediated subjects. In a number of cases, the mediated subject - the administrator of the residential house on behalf of the owners, attracts other mediated subjects - providers of public services. This article studies the legal nature of legal relations between the administrator of a residential house and public service providers in the Republic of Latvia. The purpose of the study is the analysis of the legal nature of the legal relations between the residential house administrator and service providers with the goal of further improvement of the legislation of the Republic of Latvia in this field
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Răspunderea patrimonială a salariaţilor în lumina noilor modificări ale Codului muncii[1]
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Prestarea muncii în sistem de detenţie sau ca executare a pedepsei
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Labour legislation, both the European Union and the internally requires the employer to provide each employee annual leave. As regulated annual leave, he is an employee and as an obligation of the employer. The employer how this can positively or negatively influence the legal entity conducting business leads.
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Prior to filing for bankruptcy in 2008, Lehman Brothers Holding Inc., [LBHI] relied upon select repurchase agreements denominated “Repo 105” and “Repo 108” for the purpose of re-casting its balance sheet to meet net leverage ratios required by money markets. SFAS 140, as then existing without the 2011 amendment, provided a mechanism to treat “ordinary borrowings” as “asset sales”. LBHI used SFAS 140 to justify Repo 105 and Repo 108 transactions to engineer its balance sheet. The accounting treatment resulted in the publication of misleading quarterly and annual Financial Statements relied upon by external users to make investment decisions. In 2011 and 2012, the Southern District of New York issued opinions in the consolidated LBHI litigation. The finding that LBHI correctly applied the criteria of SFAS 140 to justify “borrowings” as “asset sales” under Repo 105 and Repo 108 is fundamentally flawed. During the period 2000 until 2008, Ernst & Young [E&Y] served as the outside auditor of LBHI. Legal principles governing the obligations of auditors support a finding that E&Y committed professional malpractice by issuing unqualified audit opinions knowing that LBHI failed to disclose its liabilities to repurchase transferred securities under Repo 105 and Repo 108 transactions. Economic analysis of non-contractual obligations [tort] supports a reformulation of the legal standard governing auditor liability to external users of audited financial statements containing materially misleading information. The reformulated standard allocates incentives to take precautions both to the audit firm and to the external user to achieve an efficient allocation of the cost of harm ensuing from defective information products.
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The legislator has adopted the respective texts of law to the new social realities once with the repeal of the criminal segment of GEO no. 195/2002 relating to the circulation on public roads, republished and the introduction of this one in the content of the New Criminal Code. The offence of leaving the place of the accident, actually found in the content of the provisions of art. 338 of Criminal Code is one of the eight offences against the safety on public roads. Knowing important modifications, the legal text may appear relatively ambiguous if we refer to the old indictment, meaning that certain factual situations remained outside the criminal law. We will analyse in this regard the obligations that arise to the driver in case of a traffic accident, bringing into question even the decriminalization of the prohibition of the consumption of alcohol after the road event. Furthermore, we will treat even aspects related to the causes of special no imputation that, on a closer analysis, can create problems of interpretation. Through the phrase “it does not constitute the offence of leaving the place of the accident when only material damages occurred after the accident”, the legislator has chosen to indict this offence even if the victim has evaluable lesions within 1-2 days of medical care, on condition that for the same fact, in the old regulation, 10 days were required or it was an oversight of the legislator that it is to be resolved at some point?
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The present study proposes an analysis of the institution of representation regarding the conclusion of civil legal acts, as it is regulated by the Civil Code, with its peculiarities and specificity. Without proposing an exhaustive analysis of this institution, the paper addresses some of the problems that the process of representation in civil matters can generate.
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Contribution of the injured party to his/her damage or shared responsibility for damages implies that the damages occurred not only due to offender’s actions but that the injured party also contributed to the sustained damage. This fact should be taken into account when determining the amount of damages, i.e. to share responsibility for damage between the injured party and the offender. Roman law did not recognize shared responsibilities for damage, and the contribution of the injured party to sustained damage was regulated only after the adoption of the most important civil codes. Legal theories and laws of certain states use different terms for shared responsibility for damages. Another important issue is whether the injured party’s responsibility is based on fault or contribution to the occurrence of damage. This paper investigates legal and theoretical assumptions of shared responsibility for damage in comparative law, with reference to the most significant civil regimes in the world and civil law regimes in some former SFRY states.
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[...] It is a breach of the Constitution to establish vague, ambiguousregulations, which do not allow the citizens to foresee the legal consequences of theirconduct (judgement of the Constitutional Tribunal of 7 January 2004, K 14/03).The concept of the rule of law has been formulated by our civilisation a fewthousand years ago. Throughout the ages it has become a foundation for theconstruction and development of a concept of the state of law comprising the elementsof the state and the law. In the Constitution of the Republic of Poland of 2 April 1997,the idea was directly expressed in Article 2 reading: “the Republic of Poland shall be ademocratic state ruled by law and implementing the principles of social justice”, and atthe same time – apart from other rules – it has become one of the principal rulesbinding in Poland. What is more, it has also become basis for deriving further rules oflaw out of it, and first of all the rule of legal certainty. In a democratic state of law legalcertainty is particularly important as it enables the individuals to prudently arrangetheir affairs such that the respective adjudications do not come as a surprise to themand that they are able to foresee the adjudication in the given circumstances. Therefore,if the rule is only a postulate in a certain state the individuals have no trust in law andhave no feeling of security as regards the law, and without that we cannot talk about thetrust in the state, or consequently, about a democratic state of law in general.
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Changes in life of society, the development of science and technology rise new challenges, and one of them is the recognition of a third / non-who or X gender. Gender is no longer just a physical expression, it is a more perceived interpretation. The binary apportionment of gender is no longer so strict, because it leaves the position of a different gender perspective - not as a biological, but social expression, and opens up the requirements for recognizing intersexuality, which, as analyzed in this article, is defined as a multidimensional concept, is often equated with hermaphrodism, the third gender, and etc. Here is an overview of the experience of Germany and Australia with a view to implementing the appropriate legal framework in this area.
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In the content of the rule of the criminalization, the legislator describes the conduct he intends to ban or impose. By generalizing the concrete facts observed during the pre-legislative period, the legislator is concerned to present clearly, precisely and completely the essential characteristic features of the behavior he assesses as harming or endangering the social values protected by the criminal law. In the process of the criminalization, the legislator does not seek to identify the acts or actions in which the incriminated conduct is regarded as a physiological manifestation, or as a volitional impulse. Nevertheless, the legislator is aware that the concrete facts to which the generalized expression refer to in the description of the criminalization are inevitably composed of such elements. In this study, we intend to analyze the main opinions expressed in the specialized literature, in order to extract the definition and general rules applicable to the crime unity.
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The present paper proposes a synthetic analysis of the two legal institutions, namely the unpredictability and the lession, viewed both individually and comparatively, in order to highlight the differences and similarities between the two concepts, as well as their applications in the current Romanian legal system.
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„Life is a game” used to say our predecesors. “A branded game” we dare to add. Marriage is a game! A stamement extremely true and valid nowadays. But what is the relation between the above statements and the conference topic? Gambling, as property intellectual property rights have a long history, have developed in parallel but globalisation brought them together. The current challenge is that the two gambling industries and intellectual property or industrial property and brands are closely linked in a global market worth billions. This is not an encouragement to gambling but rather an analysis of what is happening and the advice that gambling, as part of the entertainment industry, is an adrenaline and money cunsumption activity that should not become an addiction. The topic of this paper is to enhance once more that gambling industry needs tools offered by the intellectual property right, namely provisions which protect branded business and allow consumers to choose the best offer. Either knowledgeable or novice in the business we all have heard about huge lottery wins (at national, European or international level). A detailes analysis will tell us about the huge amounts of money that can be won and then to see if it is branded- something will convince the consumer about the legality of the game and that it is a top in the respective industry. Currently we have to be aware that gambling industry at national and international level is not protected against counterfeiting and property rights owners have to support authorities and react effectively to prevent consumers from being cheated.
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This article aims at examining the legal regime of the compulsory enforcement expenses and of their preference order within the project for distribution of the amounts obtained from compulsory enforcement, as regulated by the new Civil Procedure Code. After making necessary delimitation between the procedure of release of the amounts obtained by compulsory enforcement and the procedure of distribution of the amounts obtained by compulsory enforcement, the four hypotheses in which there are several creditors and the amounts obtained by compulsory enforcement have to be distributed are presented. Further, on, the court expenses for precautionary measures, the compulsory enforcement expenses and the expenses for preservation of the goods whose price is distributed and the expenses made upon the fulfilment of the requirements or formalities provided by the law for acquiring the right over the awarded asset and its registration with the publicity record are analysed. After a historical and teleological presentation of the institution of court expenses and expenses for compulsory enforcement, the main issues regarding the privilege of the enforcement expenses representing the fee of the bailiff within the procedure for release of the amount and participation in the distribution of the amount of the enforcement expenses made in other enforcement files according to Article 865 (1) (a) of the Civil Procedure Code keeping the first rank preference order are discussed. In the end, the conclusions are presented, namely that only the receivables representing enforcement expenses or court expenses made in the common interest of the creditors are privileged, first-rank receivables.
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In the doctrine and case law, the phrase of “abuse of law” has often been used to characterize the excess, arbitrary, egoism or devilment in the area of exercise of the rights recognized and protected by the law. However, the law shall not express a precise wording of the meaning of this concept, however, it is limited to its definition as the contrary expression of the good faith precepts. Moreover, neither the good faith concept is fully explained, as its definitions or attempts to define it are rare. The doctrine has often emphasized the fact that good faith is a reminiscence of the past which, in essence, is called to protect moral and religious values, in the need for shaping a balance in the judicial protection. In this study, I intended to identify and to summarize the expression of the abuse of law in the procedural area, which, in the absence of some firm discouragement, may cause the occurrence of inequitable or even unjust situations for participations in the civil proceedings. Furthermore, my intent was to highlight the important part played by the judge of the case in ensuring a procedural balance, together with the essential concern to find the truth.
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