Między interesem państwa członkowskiego a Unii Europejskiej. Studium na przykładzie historii PGSP w Polsce

Author(s): Bronisław Sitek / Language(s): Polish Issue: 3/2016

The European integration raises hopes for the future of united Europe, but it does not solve all the current problems of individual Member States. One of them is to protect the rights and interests of the State Treasury of individual European Union’s countries. Therefore, each country has its own system of protection of these interests also towards the European Union’s countries. This situation is far from the perspective of unification of the European Union’s interests. In Poland, the State Treasury Solicitors’ Office deals with the legal protection of the rights and interests of the State Treasury.

FUNKCJONOWANIE AUTONOMICZNYCH SYSTEMÓW ZBROJNYCH W KONTEKŚCIE REGULACJI MULTILATERALNYCH

Author(s): Gabriela Garcia Vera / Language(s): Polish Issue: 1/2023

Objectives:The aim of the article is to present the issue of autonomous weapons systems in the context of creating multilateral legal regulations. For this purpose, the article, due to the lack of legal regulations regulating the use of this type of weapons, refers mainly to international disccusion taking place on the forum of the United Nations Convention on Certain Conventional Weapons, considered the most important source of the global debate on the autonomy of weapon systems and already existing legal solutions concerning this issue.Material and methods:Due to the legal nature of the article, two research methods will be used. As the basic legal comparative method aimed at analyzing the issues concerning the functioning of autonomous weapons systems based on various state concepts developed during international meetings, and as an auxiliary - historical method, which will allow for a better understanding of the axiological foundations of the proposed legislative solutions.Results:The result of the considerations is to indicate that regulating the issue of autonomous weapons systems at the international level is extremely problematic, because on the one hand, it is necessary to strive to introduce binding and rigorous regulations so that their development and use do not lead to serious humanitarian threats or the creation of legal loopholes in responsibility, but their definition should not impede progress or access to appropriate technologies for peaceful purposes.

The Interaction Between Roman Ius Civile and Local Provincial Legal Tradition: Papyri P. Yadin 21 and P. Yadin 22 as Roman Stipulatio

Author(s): Valéria Terézia Dančiaková / Language(s): English Issue: 1/2024

When Babatha, a Jewish woman living in Maoza, conducted her legal affairs in the early second century CE, her homeland was already under the rule of the Romans as the province of Arabia Petraea. Although people were granted the right to use their original legal system, the situation with respect to legal disputes was not that straightforward. The nearest judiciary authority was the appointed Roman governor. Since Babatha was not a Roman citizen, in case of litigation, the governor would apply ius gentium, which was, in fact, more of an idea than a specific legal system. The Greek documents in the Archive are a precious testimony not only for the life of Babatha herself but also for how Roman dominion over various regions influenced how local legal affairs were conducted. The discussion continues relating the archive, whether traces of the Roman ius civile can be found in the papyri, and if so, what it means considering the law that was used in the provinces. The papyri P. Yadin 21 and P. Yadin 22 are presented as purchase and sale, which, however, poses a question as to what tradition lies behind the contract. In this article, we want to present how the Roman ius civile could possibly interact with local provincial legal tradition on the example of the papyri P. Yadin 21 and P. Yadin 22, comparing them to the Roman contracts, treating the possible use of stipulatio.

Intersexuality and Transgender Identity as a "Problem" of Participation in Sports Competitions (Medical and Legal Aspects of Decision-Making Practice)

Author(s): Andrea Erdősová,Erik Dosedla,Petra Gašparová,Zuzana Ballová / Language(s): English Issue: 1/2024

Amidst a global landscape where transgender individuals face unprecedented challenges in accessing equitable sexual health care, our review breaks new ground by exploring the intricacies of sexual health within the transgender community. Unveiling the critical gaps in current health care practices, our research not only amplifies the voices of those often marginalised in health narratives but also pioneers a comprehensive, culturally sensitive approach to transgender sexual health. The literature review tries to find medical and subsequent legal justifications for PRO and CONS of participation of transgender and intersex athletes in the category of the opposite sex. It tries to analyse which differences in life can be relevant in defining competitive advantages, which nowadays lead to very controversial, often politically motivated conclusions. The opinions of the professional and sports public do not go along with some decisions of sports associations and authorities. It therefore also deals with the recent decision of the European Court of Human Rights in the case of Caster Semenya, as well as the participation of athletes across different sports disciplines and categories. It does not ignore the question of the adequacy of anti-discrimination measures. Furthermore, it evaluates the impact of such participation on the integrity and fairness of competitive sports, highlighting the need for a balanced approach that respects the rights of all athletes. This study stands at the forefront of transforming sexual health care for transgender individuals worldwide.

International Legal Aspects of the Assessment of Environmental Damage Caused by Military Actions

Author(s): Liudmyla Golovko / Language(s): English Issue: 1/2024

Military actions not only cause massive human casualties and extensive destruction of homes, infrastructure, and other property, but also a significant environmental damage. It raises the issue of the importance of assessment of environmental damage as a necessary prerequisite for obtaining reparations. The paper analyses international legal documents which relate to the issue of assessment of the amount of environmental damage, as well as relevant decisions of international bodies in this sphere. A conclusion was made about the lack of a uniform approach to the assessment of amount of environmental damage, both in international documents and in international judicial practice. The necessity of the adoption of an international document that would establish the methodology which should be used during environmental damage assessment was proved. This paper should determine components of the environment deterioration of which should be compensated.

Administrative Contract in Administrative Matters: Slovenian Law in Comparative Perspective

Author(s): Katja Štemberger Brizani / Language(s): English Issue: 1/2024

Administrative contracts are also known in Slovenian law, where they are mainly used as an instrument to regulate in more detail the (previously issued) administrative act, and generally cannot replace the issuance of an administrative act. Namely, the General Administrative Procedure Act only provides for settlement between parties with opposing (private law) interests. However, the elements of administrative contracts as an ADR mechanism can be found in other (sectoral) legislation, but are often very deficiently regulated, leading to the application of private law rules that govern contractual relations and which are not adapted to administrative law relations. Given all the advantages of alternative dispute resolution and shortcomings of the current legal framework, Slovenian law should also – while respecting all the specific features of administrative decision-making and following the example of selected comparative-law regimes – systematically regulate subordinate administrative contracts (replacing administrative acts), at least for some administrative matters. They should be limited only to those areas of administrative functioning where the administration has a certain margin of discretion in determining the content of the decision on the administrative matter. This means, on the other hand, that the possibility of a subordinate administrative contract should normally be excluded in the case of legally binding decision-making since the content of such a decision is predetermined and the administrative authority is bound by it (principle of legality). However, the administrative authority must have a specific power to conclude such a contract in a (sectoral) law – a general power to conclude subordinate administrative contracts is not sufficient due to the risk of infringing the principle of equality and legality.

Lustration for Magistrates – The Need for Extension

Author(s): Gheorghe Ivan / Language(s): Romanian Issue: 1/2023

In this study, the author reviews the lustration of common law magistrates (judges, prosecutors), proposing the extension of the regulation of paragraph 4 of article 229 of Law no. 303/2022 to all categories of public servants and public dignitaries (deputies, senators, ministers, mayors, etc.), as well as constitutional judges.

Един нов приносен за данъчното право научен труд

Author(s): Ginka Simeonova / Language(s): Bulgarian Issue: 2/2024

Problemy definiowania środków prawnofinansowych ochrony środowiska w polskim prawie

Author(s): Andrzej Gorgol / Language(s): Polish Issue: 3/2024

Skuteczna ochrona zasobów środowiska nie jest możliwa bez zastosowania instrumentów typowych dla prawa finansowego. Wymaga użycia środków publicznych państwa i jedno-stek samorządu terytorialnego, które gromadzone są i wydatkowane w sposób określony przepisami ustawowymi. Prawo ochrony środowiska reguluje poszczególne instrumenty prawnofinansowe wykorzystywane do zrealizowania celu ochronnego. Zawiera także przepis definiujący, czym są finansowo prawne instrumenty ochrony środowiska w ujęciu tej ustawy. Ta definicja legalna jest sformułowana w sposób budzący liczne wątpliwości redakcyjne i interpretacyjne. Celem niniejszego artykułu jest wykazanie trafności tezy o występowaniu wad definicji ustawowej środków prawnofinansowych ochrony środowiska naturalnego

Приложение на телемедицината в здравеопазването: ползи и перспективи

Author(s): Aleksandra Valcheva / Language(s): Bulgarian Issue: 3/2024

The accelerated development of information and communication technologies in recent decades has led to the creation of a number of new means to improve the process of providing medical assistance and health care. One of these tools is undoubtedly telemedicine, which is increasingly being used in most medical fields, such as surgery, cardiology, dermatology, mental health, rehabilitation and other fields. As the main prerequisites for the rapid entry of telemedicine into healthcare, the shortage of doctors and medical specialists, combined with the aging of the population throughout Europe, the ever-increasing general costs of healthcare, imperfections in the healthcare infrastructure such as the lack of medical and healthcare facilities can be indicated. In order to successfully overcome the indicated shortcomings in the health systems, it is necessary to effectively use modern innovative technologies. In this sense, telemedicine plays an important role in the positive development of the health sector. It brings a number of benefits to the whole society and especially to the patients, but at the same time a number of challenges arise, which should find a solution in order to guarantee the basic rights of the patients.

Здравно-информационен юридически справочник 01.03-30.06.2024 г.

Author(s): Lilia Monova-Asenova,Veska Gergova / Language(s): Bulgarian Issue: 3/2024

THE ELIMINATION OF FORCED OR COMPULSORY LABOUR IN VIETNAM WITHIN THE CONTEXT OF THE EVFTA AND LESSONS FROM EUROPEAN COUNTRIES

Author(s): Rab HENRIETT,Dung Tien NGUYEN,Huyen Nguyen / Language(s): English Issue: 2/2023

Following centuries of attempts to improve labour standards and fight for the elimination of forced or compulsory labour, the problem remains severe on a worldwide scale. No country or continent in the world can abolish this phenomenon in all of its forms, concomitantly, not only does it affect developed and high-income countries, but it also has an enormous impact on developing ones like Vietnam. In order to preserve a level playing field, protect fair competition, avoid divergence on social and environmental standards, and provide each party with the ability to apply its social norms, this issue must be addressed. Eliminating forced or compulsory labour, therefore, is a remarkable goal that the European Union (EU) aims to achieve in its free trade agreements (FTAs), including the EU-Vietnam free trade agreement (EVFTA). Accordingly, the EU also demanded that Vietnam abide by the prohibition on forced or compulsory labour in EVFTA’s labour commitments. In light of the need to uphold obligations as a member and the potential market with the EU in the future, the study of eradicating forced or compulsory labour in Vietnam is crucial to both the EU and Vietnam's pursuit of sustainable development. This study focuses on evaluating legislation for eliminating Vietnam’s forced or compulsory labour, indicating the compatibility between the EVFTA’s labour commitments and the national legal system, and looking at the other EU countries’ experiences with this problem; from that, it provides recommendations on completing Vietnamese legislation.

Analysis of the Effect of Intercultural Communication on the Quality of Internal Audit: A Literature Review

Author(s): Karima Bouziane,Abdelmounim Bouziane / Language(s): English Issue: 23/2024

In a globalized economic context, the quality of internal auditing has become a cornerstone of corporate governance, helping organizations effectively manage risks, make informed decisions, and maintain regulatory compliance. However, within international structures, cross-cultural communication emerges as a significant factor that significantly influences this quality of internal auditing. This article presents a comprehensive literature review that explores the complex relationship between cross-cultural communication and internal auditing in an international context. By analyzing and summarizing previous research, this study aims to highlight the critical role of cross-cultural communication in enhancing the quality of internal auditing, while identifying the key mechanisms and factors at play. The article proposes a research model that will serve as a starting point for studies aiming to analyze the impact of cross-cultural communication on audit quality.

O pojęciach ryzyka i rozumieniach zasady jego minimalizacji

Author(s): Włodzimierz Galewicz / Language(s): Polish Issue: 81/2024

The following text is a voice in the discussion around normative problems of innovative therapies. It particularly refers to problems related to the concept of risk and the principle of its minimization, also discussed in this issue in the article by Wojciech Załuski "On the Limits of Medical Experiment from the Perspective of Rational Choice Theory.”

Wątpliwości prawne związane z kontrolą gospodarowania wodami w świetle ustawy o rewitalizacji rzeki Odry na tle historycznym

Author(s): Sebastian Wójcik-Jackowski / Language(s): Polish Issue: 2/2024

The study presents in a cross-sectional way the issue of water management control, reaching back to the genesis of current solutions, as well as analyzing the valid legal status and directions of changes resulting from the adopted Odra River Revitalization Act, in particular the creation of the Water Inspection and entrusting it with a specific category of tasks. At the same time, emerging doubts and shortcomings are discussed in depth, pointing out key elements that, in the author’s opinion, should be taken into account and that have so far been omitted on the legislative path.

Political and legal doctrines as ideological determinants of the activities of transnational corporations

Author(s): Aleksandra Chyc / Language(s): English Issue: 3/2024

The aim of the article is to analyze how liberal political and legal doctrines and the transnational paradigm favor the development and influence of transnational corpora- tions (TNCs). By promoting free markets and minimal state intervention, liberalism and neoliberalism create a globalized environment in which TNCs can thrive. The transna- tional paradigm emphasizes the interpenetration of economies and societies, which highlights the farreaching effects of TNC activities. The article explores the theoretical foundations of these concepts and shows the relationship between these ideologies and the expansion of TNCs. The article discusses the following issues: the theoretical foundations of liberalism and neoliberalism. The research question was asked: What are the key assumptions of these doctrines and how do they influence the shaping of the global economy? The transnational paradigm was analyzed by posing the research question: what does the transnational paradigm mean and what are its implications for the activities of TNCs? On this basis, the impact of liberalism, neoliberalism and the tran- snational paradigm on the activities of TNCs was analyzed. The question was answered: how do liberal doctrines and the transnational paradigm create favorable conditions for the development and expansion of TNCs? Using the analysis of domestic and for- eign literature, the article provides a comprehensive picture of how changes in the global economic order affect the activities of the world’s largest corporations.

Franczyza jako forma zarządzania działalnością gospodarczą

Author(s): Katarzyna Ochyra-Żurawska,Sławomir Żurawski,Marek Ciekanowski,Radosław Dawidziuk / Language(s): Polish Issue: 3/2024

The main purpose of this article is to determine whether franchising is a beneficial form of running a business for Polish entrepreneurs. In the first part, the authors present the legal basis. They next describe the expansion of Polish franchise systems beyond the country’s borders. In the next part, they perform a SWOT analysis of franchise coop- eration. In the main part, they present the challenges and opportunities of franchising in Poland compared to European countries. To sum up, franchising is a popular form of running a business that offers a number of benefits for both franchisors and fran- chisees. The main research problem was expressed in the question: Does franchising offer Polish entrepreneurs more benefits than running a business on their own? Ac- cording to the research problem, the following hypothesis was adopted: Franchising may be a beneficial option for entrepreneurs who want to start their own business. However, it is important to remember that franchising is not without its drawbacks. Verification of the above hypothesis and obtaining answers to the above questions required the use of research methods, including a critical analysis of legal acts, docu- ments and selected literature on the subject.

Exploring Gender and Homicide: Insights from Turkish Media Professionals of Generations X, Y, and Z

Author(s): Hasan Gürkan,Maria Carmen ECHAZARRETA-SOLER,Özlem SARPKAYA,Esen Deniz SAYIKLI,Sena Þevval ÖZBIYIK,Derya ÖZGÖR / Language(s): English Issue: 1/2024

This study examines how media professionals interpret homicides committed in Turkey and depict murder suspects. The article aims to analyze how journalists from different generations respond to, negotiate, resist, and reinforce the editorial ideology that frames gender-based violence from an anti-feminist perspective. The study includes in-depth interviews with nine media professionals from X, Y, and Z generations and forms conclusions about the helplessness of women, the necessity of murder, involving the female suspect. The research findings demonstrate that media practitioners perpetuate traditional gender norms by using language that reflects masculine traits. Furthermore, their adherence to the principle of “so-called” objective journalism hinders the thorough examination and analysis of facts through a feminist lens. The study demonstrates that journalists, whether consciously or unconsciously, contribute to the dissemination of stereotyped perceptions of the gender messages by reproducing them without conducting a thorough analysis. The perspectives of Gen X, Y, and Z Turkish media professionals on gender and murder provide valuable insights into evolving societal attitudes and media representation. It is crucial for journalists and media professionals to critically analyze their biases and strive for fair, inclusive, and responsible reporting that promotes gender equality and challenges harmful stereotypes.

ARGUMENT

Author(s): / Language(s): Romanian Issue: 2/2022

The journal is structured into sections that reflect current issues in various fields, as follows: International Law, Public Law, Private Law, and Criminal Sciences. The journal continues to promote the innovative element implemented in previous issues — within the respective sections, doctoral students are admitted, the criterion being the completion of doctoral studies and the finalization of the thesis, including the initiation of the defense procedure. This exception confirms the high level of research of the doctoral students. Equally, this rule is applied to experts whose studies are of interest, especially for practitioners. Promoting the idea of supporting young scientific researchers, the journal contains a special section called 'Doctoral Tribune,' where they have the opportunity to publish their research results, with the works being reviewed by experts in the field.

TENTATIVELE DE REGLEMENTARE A STATUTULUI JURIDIC AL COMPANIILOR MILITARE ȘI DE SECURITATE PRIVATE ÎN FEDERAȚIA RUSĂ ȘI UCRAINA

Author(s): Alexandr Cauia,Mihail Poalelungi / Language(s): Romanian Issue: 2/2022

Russian Federation and Ukraine are two ex-Soviet states that do not admit in the national legislation related to ensuring the security of the state any form of involvement of the private factor that could threaten or limit the exclusive and sovereign right of the state to use armed force However, the experience of the Russian Federation turns out to be quite extensive in terms of using the specific services of private military and security companies officially registered outside the country Also, after the events of 2014, in Ukraine there is an intensification of the legal regulation initiatives of the legal status of private military and security companies In this article, it is proposed to analyze the essence of the initiatives for legal regulation of the status of private military and security companies in the Russian Federation and Ukraine, in order to highlight the necessity and importance of this process, as well as the specific approaches in the states under analysis.