ОГРАНИЧЕНИЕ КОНКУРЕНЦИИ: МЕЖОТРАСЛЕВЫЕ СВЯЗИ УГОЛОВНОГО ПРАВА И ИНЫХ ПРАВОВЫХ ОБРАЗОВАНИЙ

Author(s): Mikhail Yuryevich Chelyshev,Maria Vcheslavovna Talan,Andrey Valeryevich Mikhailov / Language(s): Russian Issue: 6/2015

The paper discusses elements of a crime encroaching on the basics of free market, fair competition. The elements and features of this type of crime, as well as the practice of applying the above-stated norm, are analyzed. Current trends in the legal policy of foreign countries concerning the field of antitrust legislation are studied. The statistical data on accountability for crimes against competition in Russia are considered. Weaknesses are identified in the legal technique of criminal legislation regarding the relations associated with the activity of economic entities. The dependence of effective law enforcement for preventing, eliminating, and restricting competition on the commensurate and adequate correlation between the norms of civil, administrative, and criminal legislation is proved. The need to strengthen the cross-sectoral links of antitrust legislation is substantiated.

ЖИЛИЩНОЕ ЗАКОНОДАТЕЛЬСТВО: ИСТОРИОГРАФИЧЕСКИЙ ОЧЕРК

Author(s): Valentina Dimitievna Ruzanova / Language(s): Russian Issue: 2/2016

The paper deals with issues related to identification of the causes of formation of independent legal regulation of the housing relations in Russia, description of the development of housing legislation, and influence of the doctrine on this process. During the post-revolutionary period, the burden of solving the housing problem was taken by the state, which is reflected in the regulations. The normative material was then intensely accumulated and served as the basis for further codification of housing legislation. Originally, the legislator demonstrated a comprehensive approach to the regulation of housing relations. Subsequently, however, the focus shifted mostly to the normalization of tenancy agreements in the codification acts of civil legislation. After having been established in 1977, the constitutional right of citizens to housing became a prerequisite for housing legislation. Thus, the basics of housing legislation and the Housing Codes of the Union Republics developed. During the period of transition to market relations in the housing area, normative legal acts were published. They were intended for the adaptation of the institutions of the Soviet housing legislation to the recent political and socio-economic conditions that were in effect until the adoption of the new Housing Code. It is emphasized in the paper that the historically doctrinal research in this area has been always directed at finding the most appropriate legal regulation of housing relations. The conclusion is made that the modern housing legislation is a stable complex array of regulations, having the ability to adapt to the changing political and socio-economic conditions.

МЕСТО ДОГОВОРА ПРОКАТА В СИСТЕМЕ ГРАЖДАНСКО-ПРАВОВЫХ ДОГОВОРОВ

Author(s): Guzel Firdinatovna Nagumanova / Language(s): Russian Issue: 2/2016

The paper analyzes the place of hiring contracts in the system of civil law. The relevance of this problem is justified by the current situation in the system of civil law when the hiring contract can be concluded between economic entities and physical persons, thereby giving them identical legal status. We consider this situation as contradicting to the economic nature of relations between consumers. The aim of this research is to identify the correct place of hiring contracts in the system of civil law and, thus, to spot certain measures to be applied in order to ensure fulfillment of the liabilities of contractors, as well as to protect their rights. Attention is also paid to the specific rules of legal regulation of hiring contracts. The hiring contract is bilateral in its nature (since two sides take part in it), commutative (each side offers something to its partner), concensual (the contract is concluded when both sides reached their agreements), and public (the lessor cannot deny concluding a hiring contract if they possess the property to be rented). These properties of hiring contracts determine their consumer nature. The results obtained during the analysis allow making the following conclusions: the hiring contract should be exclusively consumer-oriented, being considered only as the contract between consumers and not providing any possibility to use a hiring property for entrepreneurial activities; the distinctive feature of the hiring contract is the impossibility of its prolongation, which ensures protection of the rights of consumers when the lessor aims to impose an extra period of rent.

Prawne aspekty wsparcia działalności innowacyjnej pracowników naukowych

Author(s): Magdalena Krawczyk / Language(s): Polish Issue: 34/2016

Research objective: The aim of the article is to identify the attitudes that effectively provide legal support for researchers who are engaged in innovative projects aimed at economic growth and who cooperate with entrepreneurs. The research problem and methods: The problem analyzed in the article is the discrepancy in the interpretation of the basic terms from the field of research and development and the threats to researchers’ intellectual property rights connected with it. By presenting an overview of subject literature, the author analyses the legal aspects of the cooperation between business and science. The process of argumentation: The article presents tools which can be used to protect intellectual property rights in such a way that economic success of universities and entrepreneurs is guaranteed without violating the rights of scientists directly involved in a particular study. Attention is drawn to common practices in which human capital must give way to business and marketing. The article indicates the key role of universities as owners of intellectual property rights – a party to agreements of the transfer of innovation and a representative of the rights of scientists. Research results: This article draws attention to the significance of the implementation of the results of scientific research. Due to differences in the interpretation of the term ‘technology transfer’, the author postulates replacing it with the term ‘innovation transfer’. Conclusions, innovations and recommendations: An increasing number of commercialized results of studies conducted by universities has become an important determinant of competitiveness of universities. Skillful management of the intellectual property rights registered for universities, which helps to effectively transfer innovation, seems particularly important.

Niestabilność prawa podatkowego jako czynnik ograniczający zaufanie podatników do systemu prawa

Author(s): Maciej Schmidt / Language(s): Polish Issue: 1/2018

In the Polish reality, changes in the law are common, and in the case of tax law, this phenomenon is almost widespread. This situation means that entrepreneurs and other taxpayers are not able to apply these regulations in a correct manner in practice. Changes to the law carried out in the form of frequent amendments to the existing provisions make reading and understanding of the content of law and regulations difficult. A random way of introducing changes results in a decrease in the quality of the law, and sometimes even its internal contradiction. This situation results in issuing tax law ruling by tax authorities, which in similar circumstances have diametrically different interpretations. This causes an increase in the number of claims in administrative courts. The article presents the above-mentioned factors as the reason for the limited confidence of taxpayers both in the legal system and tax authorities. The changes that took place in the recent period were analysed. These changes should lead to greater stability of regulations and consequently growing confidence.

Polityka gospodarcza jako czynnik kształtowania rozwiązań prawnych. Wpływ na regulacje celne w polskiej skarbowości od XVIII do XX wieku

Author(s): Piotr M. Pilarczyk / Language(s): Polish Issue: 1/2013

Since the end of the 18th century, the economic assumptions shaped plenty of regulations in force in various constitutional systems operating in Poland. A good example are customs regulations referring to international trade, being a significant element of economic (trade) policy. The development of customs has been a reflection of the established economic goals in the acts of law being introduced and remaining in force from the days of King Stanisław, via the solutions applied in the Duchy of Warsaw, Kingdom of Poland and its autonomy, the Second Republic and in the customs instruments used in planned economy.

Търговско-правните институти през епохата на Българското възраждане – между традициите и модерността

Author(s): Ivan Roussev / Language(s): Bulgarian Issue: 1/2018

The paper presents the main commercial law institutes and their manifestation on the Bulgarian market in the second and third quarters of the nineteenth century – commercial companies, commercial courts, bankruptcy. They are regulated by the trade legislation and, in this sense, modernity is enshrined in them. Insofar as the modernity is difficult to break through and difficult to place in the oriental conditions of the region, these institutes acquire a specific local appearance that is subject of the analysis in the article. In these structures the modernity is combined with traditional stereotypes. In addition, there are phenomena that are contrary to the law and public morality: corrupt practices, the use of friendly and ties to provide a favorable outcome of a case, seeking legal information and specialized advice through informal contacts, pressure on the members of the trade court. Several key case studies have been considered in the paper and an attempt has been made to formulate hypotheses on the subject, both on the basis of own studies – already published and current, as well as on the basis of recently published contributions, mainly PhD theses. The present study revises the statement in the historiography that laws are adopted in the Ottoman Empire, but they remain “just on a book”, while reforms are formal and imposed “from above”. This statement is not true about the Commercial Law and the commercial law institutes.

Democratic legitimacy in common commercial policy of European Union – evolution of European Parliament’s role

Author(s): Małgorzata Czermińska / Language(s): English Issue: 44/2022

RESEARCH OBJECTIVE: This article aims to present the principles of decision-making, distribution of competences regarding the common commercial policy (CCP), with attention given to the evolution of European Parliament’s (EP) role and to identify actions taken by the EP in relation to the CCP. THE RESEARCH PROBLEM AND METHODS: Due to the Member States’ delegation of powers to the supranational level and decision-making procedures, allegations that there is no democratic legitimacy in the European Union are of particular relevance to the CCP. In this context, special importance is given to the role of the European Parliament and powers vested in it, especially over the past years. The article employs an analytical and descriptive method. THE PROCESS OF ARGUMENTATION: The first part presented decision-making principles for the EU’s common commercial policy. Next, the evolution of the European Parliament’s role in the shaping of the CCP was discussed. Finally, the last part gives attention to the EP’s actions in practice and attempts to assess what was a decisive factor behind the Parliament’s specific position. RESEARCH RESULTS: The Treaty of Lisbon increased the formal powers of the European Parliament with regard to the CCP, but at the same time, diminished the role of Member States’ national parliaments (which was due to the fact that the CCP coverage was extended and the scope of the EU’s exclusive competences was broadened). The research conducted has revealed that the EP is more and more often taking advantage of its position in the shaping of the EU commercial policy. CONCLUSIONS, INNOVATIONS, AND RECOMMENDATIONS: Due to the fact that the role of the European Parliament in the decision-making process has increased, the issue of a democracy deficit in the shaping of the CCP, which was raised in the pre Lisbon Treaty period, is currently becoming less formally legitimate.

ПРАКСА УСТАВНОГ СУДА БОСНЕ И ХЕРЦЕГОВИНЕ

Author(s): / Language(s): Serbian Issue: 38/2016

Challenges of Digital Economy

Author(s): Mária Sabayová,Karolína Červená / Language(s): English Issue: 3/2023

In the paper, the authors focus on selected aspects (concept and interference) of the currently dynamically developing economic model called digital economy, with the aim of defining the content of the digital economy using the comparison, analysis, deduction and induction of existing definitions and characteristics of the concept of digital economy and the available data and information on the current state of the digital economy in the EU, as well as outlining the regulatory problems associated with it, with a vision of their possible solution.

Considerations on the Persons that Can Determine the Manner of the Funeral in the Light of the ECHR Judgment from 23 May 2023 in the Case of Buhuceanu and Others vs. Romania

Author(s): Silviu-Dorin Șchiopu / Language(s): English Issue: 1/2023

Each person owes a death and someone has to take care of the funeral even when the deceased left some instructions. The same happens in the absence of an express option of the deceased. Starting from the current Romanian legislative solution for the latter situation, the present study aims to analyse the impact of the ECHR Judgment from 23 May 2023 in the Case of Buhuceanu and Others v. Romania on the national legal framework that governs the persons who can determine the manner of funeral in the absence of an express option of the deceased. This paper argues the need of legislative intervention in order to secure the same-sex couples’ right to respect for their private and family life by affording them the possibility of legal recognition and protection, including the right to determine the manner of the deceased spouse/partner’s funeral in the absence of an express option of the latter and the right to arrange the funeral, core rights relevant to a couple in a stable and committed relationship.

Адміністративні процедури у сфері господарської діяльності

Author(s): Oksana Shevchuk,Natalia Mentukh / Language(s): Ukrainian Issue: 163/2023

The relevance of the topic is due to the fact that the idea of establishing a free trade area and the single market of the European Union (hereinafter - the EU) between Ukraine and the EU countries in accordance with the Association Agreement with the EU and its Member States, as well as the strict fulfilment of obligations to ensure a zone of economic competition, aims at creating a competitive environment in which business entities enjoy equal competitive conditions and operate in accordance with the same generally accepted rules. The purpose of the study is to analyse various scientific approaches to understanding the administrative procedure, to define its features, and to determine the criteria for classifying the formation and development of administrative procedures in the field of economic activity. The methodological basis of the article is a set of methods and techniques of scientific cognition, both general scientific (logical, historical and legal, systemic analysis, etc.) and special (documentary analysis, comparative legal methods, etc.), which contributes to the achievement of the set goals, ensures a complete and comprehensive understanding of the research topic, scientific reliability and convincing results. The author identifies the characteristic features of administrative procedures: openness, focus on the realisation of public interests, consistent orderliness, normativity, discretion, etc. The criteria for classification of administrative procedures have also been the subject of debate, which eventually led to the development of a significant number of them. The author determines that the content of administrative procedures is the procedure for consideration and resolution of individual administrative cases by administrative authorities and local self-government bodies with a view to protecting the rights and legitimate interests, and also to fulfilling the statutory obligations of all subjects of legal relations. Based on the study, the author formulates conclusions and provides recommendations on the need to amend the Law of Ukraine "On Administrative Procedure" to regulate the mechanism of implementation of the principle of "tacit consent" in legal relations between public authorities and business entities. The introduction of the principle of tacit consent in practice should solve a number of problems in the area of issuing permits. The main ones are: reducing the real time spent by business entities on obtaining permits; limiting the opportunities for abuse by representatives of public authorities related to the delay in the timeframe for issuing pre-trial documents established by the current legislation; business entities avoid unjustified termination or suspension of business activities.

Sustainability, Distributive Justice, and Law: a Philosophical Inquiry Into the Compatibility of Environmental and Social Goals

Author(s): Alessandro Avagliano / Language(s): English Issue: 2/2023

This essay aims at addressing the legal philosophy’s uptake on whether environmental sustainability can be integrated with distributive justice. After an analysis of the European legal framework, where the notion of sustainable development has been built, concepts such as the veil of ignorance, the capability approach, and human flourishing will be examined, arguing that sustainability and distributive justice are necessarily linked, as mutually reinforcing goals to human development. However, a transformational change is still necessary in the way we think about sustainability, to work towards a direction that should be holistic and inclusive of the needs of both people and the planet.

ZAGROŻENIE SYSTEMU OBRONNEGO UKRAINY SPOWODOWANE ZDARZENIAMI KORUPCYJNYMI

Author(s): Jacek Bil / Language(s): Polish Issue: 2/2023

Ukraine, being the geopolitical pivot of Eurasia, is a particularly important actor in the international system, and in particular in regional security. The analysis of available data and media reports indicates that since gaining sovereignty, Ukraine has been influenced by oligarchs and agents of influence pursuing the goals of the Russian Federation who have penetrated and operate in Ukraine, both in security and defense structures. Ukraine's defense sector has been at the center of numerous corruption scandals in recent years. Procurement in the defense sector, which is a key element of building the defense system, is a particularly vulnerable area to corruption.

New Generation EU Agreements – The Basis for Future World Trade

Author(s): Ľubica Bajzíková,Daniela Nováčková,Lucia Paškrtová / Language(s): English Issue: 1/2024

International trade agreements contribute to the development of international trade and services. The European Union is currently modernizing the system and structure of international agreements related to international trade, investment and services. The aim of the scientific study is to clarify and identify the characteristic features of the agreements of new generation that are concluded between the European Union and non-EU member states. Based on the facts, we can confirm that trade policy supports, among others, values such as the protection of human rights, the protection of labor rights, the environment and the fight against climate change. Such an approach of the European Union to the liberalization of world trade through comprehensive trade agreements is also supported by the strategy of the European Commission „Trade for All”.

Comparative Study of the Regulatory Framework of Environmental Education and Geography and Economics in Bulgaria

Author(s): Tsanko Stefanov / Language(s): English Issue: 1/2023

The article presents a comparative analysis of the regulations of two academic subjects. These are environmental education and geography and economics. There are similarities, but also differences that need to be accounted for.

СИСТЕМА НА НАКАЗАНИЯТА В РИМСКОТО ПРАВО

Author(s): Silvia Stoyanova / Language(s): Bulgarian Issue: 1/2024

The article is devoted to the system of punishments in Roman law. Systematization of the most common and popular punishments. The Roman legal concept of punishment and one of the main principles in Roman law - Nullum crimen sine lege, nulla poena sine lege - are examined. Some basic criminal law institutes are also presented.

Invocarea secretului profesional în domeniul bancar. Solicitarea informațiilor de interes public. Obligația instituției publice de a răspunde în scris. Controlul asupra modului de formare, de administrare și de întrebuințare a resurselor financiare..

Author(s): Not Specified Author / Language(s): Romanian Issue: 1/2024

Cercetând natura informațiilor protejate prin secretul profesional în domeniul bancar nu rezultă, de plano, că intră în conținutul secretului bancar și modul în care Eximbank a respectat legea în ceea ce privește constituirea, administrarea și utilizarea fondurilor publice, însă o asemenea verificare nu poate fi efectuată în prezentul recurs, în lipsa unor apărări relevante și concrete ale intimatei-pârâte sub aspectul conținutului raportului de control și al anexelor acestuia, urmând ca în etapa executării obligației de comunicare a informațiilor de interes public solicitate, intimata-pârâtă să efectueze verificările prevăzute de art. 22 alin. (1) din H.G. nr. 123/2002 și să comunice, potrivit art. 22 alin.21 din H.G. nr. 123/2002, informațiile de interes public ce fac obiectul cererii nr. (...)/20.01.2022, după anonimizarea informațiilor exceptate, prevăzute la art. 12 din Legea nr. 544/2001, și a informațiilor protejate de secretul profesional în domeniul bancar potrivit art. 111 din O.U.G. nr. 99/2006.

Юридическото образование в България и възможните форми на практическо обучение

Author(s): Anna Cholakova / Language(s): Bulgarian Issue: 4s/2024

After a short introduction about the legal education in Bulgaria the author presents and analyses through her personal experience two forms of practical legal education applied for more than a decade in the Legal Faculty of Burgas Free University: the circle on civil and trade law and the Annual National Students’ Competition for solving of civil law cases.

Научно-образователен преглед на ускорения арбитраж в контекста на съвременните практики

Author(s): Emine Ilyaz / Language(s): Bulgarian Issue: 4s/2024

The length of trials before a national court and their high costs are two of the main reasons for the emergence of arbitration. Arbitration facilitates shorter and cheaper trials and enables the trial to be conducted by experts according to the will of the parties involved. This is why arbitration is extremely important in settling commercial disputes that can last for a long time. However, over time, due to the growing interest in arbitration and the nature of the disputes brought before arbitration, the processes began to take longer with high costs. To overcome this difficulty, the concept of fast-track arbitration with simplified procedures and fast conduct of the process emerged. This study will present a legal analysis of fast-track arbitration, advantages and disadvantages of expedited arbitration, will emphasize the distinctive properties of expedited arbitration, taking into account provisions in comparative law. Here, the perspective and general principles of expedited arbitration regulated by arbitral institutions in Europe, America and Asia will be explained in detail. Finally, the relationship between the general principles of arbitration and the suitability of fast track arbitration to those principles will be assessed.