CEEOL - Browse Subjects Result

We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.

Захист прав Дітей в україні, азербайджані та туреччині

Author(s): A. Omarova / Language(s): Ukrainian Issue: 155/2021

One of the most pressing issues in the world today is the protection of children’s rights. A major event in this area was the adoption of the 1989 UN Convention on the Rights of the Child. At the time of the development and adoption of the Convention, Ukraine and Azerbaijan were part of the USSR. However, the Ukrainian SSR, unlike the Azerbaijani SSR, was the primary founding member of the United Nations and therefore participated in the development and adoption of the UN Convention on the Rights of the Child, like Turkey, whose observers also participated in this process. This article examines the participation of Ukraine, Azerbaijan and Turkey in the development and adoption of the 1989 UN Convention on the Rights of the Child. However, the adoption and ratification of the Convention is only the first step in the realization of children’s rights at the national level. The national special laws of Ukraine, Azerbaijan and Turkey in the field of protection of children’s rights are also studied. This article concludes on the different direction of the special laws of these countries. Moreover, there are some differences in the content of the laws, namely some of them includes not only rights, but also the duties of the child. The state of protection of children’s rights in Ukraine, Azerbaijan and Turkey is a priority and urgent issue in the state policy of these countries and needs to be improved. The conclusions provide recommendations for improving the legislation of these countries.

More...

Напрямки реформування галузі трудового права У Катарі: порівняльно-правове дослідження

Author(s): V. V. Viennikova,I. V. Kolosov / Language(s): Ukrainian Issue: 155/2021

Paper proposed highlights the experience of Qatar’s labor law reform, its features, peculiarities of the countries of the Muslim Legal family taking into account. Mainly directions of aforesaid reform and structural improvements in the legal regulation of Labor Relations in comparison with the pre-reform period are determined. A comparative study with the relevant directions of industry reform in Ukraine was conducted. Similar and distinctive features, advantages and disadvantages of both systems are analyzed. Conclusions about the possibility of borrowing positive foreign experience into the domestic labor and legal reality were showed. Studying of Labor Relations legal regulation experience in the Middle East on the example of Qatar permit to encourage colleagues to put out a scientific discussion about such types of employment contract as educational and service ones, its core conditions, consider the proposals of the trade union movement within the framework of joint committees, outline the problems of sponsorship law and repatriation in connection with subject of Labor Law, discuss problems and apply positive experience in regulating the work of home-based workers, consider the possibility of introducing the institute of anonymous complaints in labor law, pay attention to the experience of creation a labor justice system. Special attention should be paid to a physical attack on the employer or direct supervisor as reasons for termination of the employment contract at the initiative of the employer.Simultaneously, Domestic system of labor law, although it is distinguished by more long-timed traditions of statutory guarantees in field of Labor and Social Security Law, is not without the need to borrow foreign experience in order to update it for the needs of modern social development, which should be devoted to furthermore comparative legal researches.

More...

Електронні ініціативи як інструмент е-демократії: досвід України і Латвії

Author(s): D. V. Luchenko / Language(s): Ukrainian Issue: 155/2021

The article is devoted to a comparative legal analysis of the experience of Ukraine and Latvia in the implementation of the institution of electronic initiative as an important tool of direct e-democracy. The practical question of why in some countries e-initiatives are a real leverage, while in others it is more likely just a marker that signals certain problems of concern to society, prompts a thorough study of legal regulation and information technology support of e-initiatives. For a comparative analysis of the regulation of the procedure for submitting and considering an electronic initiative, the experience of Latvia as a state that has demonstrated real successful results of the work of the online platform ManaBalss.lv as a tool for presenting, registering, discussing, considering an electronic initiative and solving issues in it was selected. In addition, the experience of this country shows that an increase in the level of participation of citizens in the management of public affairs is possible provided they are provided with an effective and convenient mechanism of influence. The article focuses on the shortcomings of the legal regulation of the institution of electronic petitions in Ukraine as the main factor in the ineffectiveness of this tool of e-democracy, including the absence of a special legislative act on electronic petitions, a legislative guarantee for resolving the issue that is raised in the petition, failure to take into account public opinion, expressed in a petition that received fewer votes than is required by law, etc. The necessity of introducing a mechanism for preliminary verification of the content of electronic petitions for constructiveness, reliability and reality is indicated. It is noted that for the proper implementation of the goal of direct e-democracy, levers of influence on the government must be created, which will make it listen to the problems of public concern.

More...

Activity forms of municipal authorities and prospects for its development in Ukraine

Author(s): P. A. Trachuk,Iryna Nesterova / Language(s): English Issue: 155/2021

The authors attempt to explore the nature of local public authority, its sources of legitimacy, its types and forms. An idea of the constitutional and legal bases of the organization and activity of local public authorities and its bodies is given there. The existing systems of local self-government in different states are analyzed; attention is focused on the difference between the concepts of “self-government” and “management”. The problems of administrative reform in Ukraine in the context of globalization are analyzed there.

More...

Шляхи запровадження національної концепції інтегрованої організації поліцейської діяльності

Author(s): Kristina Vladimirovna Solntseva / Language(s): Ukrainian Issue: 155/2021

The analysis of the current law enforcement system allows to state the existence of certain problems related to its construction and some aspects of activity. After the administrative reforms in Ukraine, the indicators of assessing the level of public confidence in the National Police gradually began to improve, but the practice of foreign countries shows better breakthroughs in the organization of policing. Therefore, the relevance of the article is explained by the need to introduce in the national legal system a new concept of policing, which would take into account the successful experience of foreign countries and course of our country for European integration. First of all, the article is devoted to the analysis of the existing models of law enforcement systems in the world in order to determine the most favorable and effective for national law. It was found that the integrative model of organization of police activities today demonstrates the most effective indicators in the work of foreign police, so it can be considered a guide for implementation in Ukraine. Based on this, the author proposes his own definition of the term “integrated policing”. The author pays special attention to the successful experience of the Baltic States and the United States in policing, in particular in the field of training highly qualified police officers, police and community cooperation in partnership, and international cooperation in exchanging experience of specialized law enforcement services. For example, the national legal system should pay attention to such development programs as the creation of port police, increasing the duration of specialized training of police officers, involving citizens in patrols on a voluntary basis, increasing the competence of local police departments. Analyzing the relevant practice of foreign countries, the author pays attention to the peculiarities of the functioning of the national law enforcement system, as well as its own achievements. In conclusion, there are several possible ways to introduce into the legislation of Ukraine the main development programs and principles of functioning of the police of foreign countries in Europe and America. The main result of the work is the design of the concept of an integrated organization of policing and the expected results from its implementation – reaching a new level in the process of European integration.

More...

Podżeganie i pomocnictwo do czynu popełnianego za granicą

Author(s): Anna Demenko / Language(s): Polish Issue: 3/2021

The paper discusses the problem of criminal responsibility of secondary parties for inciting and aiding an act that is committed outside of Polish territory. According to Article 18 § 2 and § 3 of the Polish Criminal Code, encouraging and supporting a prohibited act are under penalty. It is debatable whether those regulations apply if the advocated or assisted act is to be performed abroad. In principle, such a possibility cannot be excluded, but there are certain categories of acts in case of which aiding or abetting an out-of-country commitment shall not be penalized. Firstly because the prohibited act can be performed only on Polish territory, secondly because the protected good can be attacked only domestically, and thirdly, because the performance of the act abroad will not be of a reckless nature, exceeding the permitted risk.

More...

Правна защита на околната среда чрез производството на енергия от възобновяеми източници по българското и европейското екологично право

Author(s): Georgi Penchev / Language(s): Bulgarian Issue: 2/2021

This scientific study is dedicated to the legal protection of the environment using renewable energy sources. The actuality of this problem is related to increasing trend to a global climate change and the meaning of these sources for prevention of its negative consequences. The attention is paid to legal measures for the protection of the environment through production of energy from renewable energy sources under according to the special and general Bulgarian environmental legislation, liability for its infringement, as well as to some legal acts of the European Union. Finally, some general conclusions are given from the examined regulation.

More...

Some Aspects of Comparative Law Regarding Euthanasia

Author(s): Oana Chicoș / Language(s): English Issue: 13/2021

The right to life is the fundamental value of the human person. The Universal Declaration of Human Rights provides that “everyone has the right to life, liberty and security of person,” while the International Covenant on Civil and Political Rights states that “every human being has the inherent right to life.” Starting from the provisions of these two international instruments, we can emphasize that the promotion and observance of fundamental human rights and freedoms is a guarantee of respect for individual and social morality.

More...

SCIENTIFIC VALUES ON THE EUROPEAN LEGAL REGULATION ON THE CONSUMER CREDIT AGREEMENT

Author(s): Olesea Plotnic,Rodica Crudu / Language(s): English Issue: 1/2021

With the increase of revenue, including in the budget sphere, which stimulates the planning of purchases of products that could improve the quality of life, with the reduction of interest rates by banks, the citizens are increasingly stimulated to conclude credit agreements. The subjects of the civil legal relationship in consumer law must be on the one hand the consumer and on the other hand the professional, the entrepreneur, the creditor. From the essence of the notions, obtained by the common law and Directive 2008/48 / on consumer credit agreements, it follows that the notion of consumer and professional, is notions that includes the legal relationship in the sense of consumer protection law, and the notion of creditor. Through this research paper we propose to analyze the credit agreement both from the perspective of common law and agreement to special rules established by Directive no. 2008/48 and the Law Rep. of Moldova no.202 / 2013 regarding the credit agreement for consumers.

More...

The communication of administrative decisions and the course of the time limits for challenging them. Comparative law solutions and perspectives of evolution in Romanian law

Author(s): Nicolae Alexandru Ceslea / Language(s): English Issue: 1/2021

The paper considers the mechanism of communicating administrative decisions in relation with the consequence over the course of the time limits for contesting them. The study begins with an analysis of the solutions found in comparative law and continues with the national perspective that includes a vertical approach, analyzing the normative versions of the last 30 years and those of today, as well as a horizontal approach, within the existing system in the current regulation. In the latter case, we target the provisions on the communication of administrative decisions to the beneficiary in relation to those on the communication to the third party, the regulation on the establishment of minimum and maximum time limits and the form that the communication must take to trigger the contestation time limits.

More...

Constitutional aspects of the current reform of the selecting constitutional judges in the Slovak Republic and the comparative perspectives in Europe

Author(s): Simona Farkašová / Language(s): English Issue: 2/2021

This document concerns the issue of constitutional reform of the Slovak constitutional judiciary in 2021, which resulted in major changes of the composition, establishment, and powers of the Constitutional Court of the SR. While discussing the constitutional reform of the Constitutional Court, the author first of all points to the evolution of the selection of constitutional judges. This document summarizes new and precised criteria for the selection of constitutional judges and details how, according to constitutional requirements, competing candidates have to be assessed subsequently, provides an overview of the election procedure of the candidates for constitutional judges in parliament. The imminent part of this document is the comparative analysis of the issue of the constitutional judiciary, with special regard to the selection of constitutional judges in selected member states of the European Union, the synthesis of common features and subsequently the description of the proposal de constitutione ferenda. All of these used methods of scientific research led the author to formulate final conclusion whether the actual constitutional reform is able to fulfill its aim, which is to prevent the political power from interferenting with the independence and effective functioning of the constitutional judiciary.

More...

Approach towards the right to be forgotten under Turkish law in comparison with EU and US laws: a need for a reform?

Author(s): Oytun Canyaş,Aslı Bayata Canyaş / Language(s): English Issue: 2/2021

This study firstly analyses the general approaches of EU and US laws to the right to be forgotten. Then, basing on the right to be forgotten, a variety of dimensions from comparative law, court practice, doctrinal views and different legal sub-branches are considered from the aspect of Turkish law. Although there is no specific provision on the right to be forgotten in Turkish law, the right has been subject to doctrinal discussions from different perspectives. It is also referred to in court judgments, specifically when an individual wishes to erase certain news, data, etc. from the digital and/or non-digital archive so they can make a fresh start to a new life. Granting that person the right to be forgotten is in terms of protecting personality rights and privacy while acknowledging that these interests may compete with rights to press freedom and freedom of expression. After scrutinising the doctrinal view and court judgments, this study concludes that considering Turkish law, certain provisions should be enacted on the right to be forgotten to ensure uniform interpretation and clarify the definition and conditions of application.

More...

Reflections on actual situation of collective bargaining for the public servants and public services in Romania and in Europe. A theoretical and practical approach

Author(s): Radu Ștefan Pătru / Language(s): English Issue: 2/2021

Collective bargaining, as a component part of the social dialogue, which is the main way of achieving social peace, is possible both for the private system and for the public services and the budgetary system. The legal situation of employees in the private system, but also that of workers in the budget system and public services can be improved by concluding collective labor agreements. If in the private system, the negotiation agenda is very rich, in the public system, it has particularities depending on each state. In the present study, the author will analyze the legal regime of collective bargaining for the public services, including also the public servants, starting from the relevant legal provisions, both in Romania and in other European countries. The analysis will reveal aspects related to the evolution of the institution of collective bargaining and their relevance in improving the service relations of civil servants and other employees in the public services system.

More...

Hesitantly towards mutual recognition of “vaccination passports”. A survey on potential ubiquity in administrative law

Author(s): Jakub Handrlica / Language(s): English Issue: Special/2021

The problem of potential ubiquity emerged in administrative law because of transboundary circulation of various certificates, licences and permits. These documents, approving certain facts, may appear before an administrative authority of another State. Thus, the applicable regime of public law must qualify the legal consequences of such documents in the realm of the applicable administrative law. This article aims to discuss this problem with regard to the challenges arising in the second year of the COVID-19 pandemics. Prospective introduction of “immunity certificates” and “vaccination passports” in various jurisdictions and the need to establish mutual recognition of such “passports” and “certificates” is the subject of attention. The article points out existence of several dogmatic approaches to the fact that foreign administrations have either approved a fact, or granted a right. Some of these dogmatic approaches have been reflected in the written law. However, at the same time, in theory, other solutions than those provided by the current legal framework would also be theoretically possible. The importance of these theoretical considerations is demonstrated regarding the very current discussions on the introduction of “immunity certificates” and “vaccination passports”.

More...

The moratorium on loan repayments during the Covid-19 Pandemic in Europe: a comparative analysis of loan moratoria in selected European countries

Author(s): Jan Skrabka / Language(s): English Issue: Special/2021

This paper examines the moratorium on loan repayments, which was intended to relieve debtors in a difficult situation during the COVID-19 pandemic. In this study, various aspects of such moratoria are critically discussed and compared from an international perspective. Some debtors were significantly hit hard by the pandemic, whereas others were no. But should the moratoria apply to all of them? The free-rider problem, or even harm to some clients, are among the unintended results of the moratorium. Moreover, the loan repayment moratorium has different effects on the traditional banking sector and on P2 Plending platforms. Such differences were not discussed sufficiently before adopting the moratoria. The different effects might have a negative impact on some debtors, on some creditors, or on the market and society in general. Along with using some traditional legal research methods, this paper takes a comparative perspective on loan repayment moratoria in different EU countries among. The conclusions of the paper may help regulators and lawmakers prepare more balanced regulations of loan repayments in the next crisis. Future regulations should reflect the perspectives of both debtors and creditors.

More...

Venice Commission: the role in the process of international and national law interpretation

Author(s): Svitlana Karvatska,Ivan Toronchuk,Alyona Manyk / Language(s): English Issue: Special/2021

The article aims to study the Venice Commission's role as one of the leading international law interpreters. This role has gradually strengthened in the process of scientifically substantiated promotion of legal norms and standards concerning democracy, human rights, and the rule of law. Using system-structural, formal-legal, comparative-legal, empirical, and anthropological methods, one has drawn essential conclusions regarding implementing the Venice Commission's interpretive activities. As a result, it has been proved that the nature of the Venice Commission's interpretive activity demonstrates the existence and growing contradiction between the prevailing interpretive practice at the supranational level and the provisions of the classical theory of law interpretation. Ukraine's ongoing dialogue with the Venice Commission is vital to develop and improve legislation, especially laws, implementing new constitutional provisions on justice, the drafts of which have already been designed or are being developed, as well as indubitable compliance with these laws. Venice Commission's general documents should be for the Ukrainian legislator the source to base the preparation of relevant legislation.

More...

Foreign law in higher courts practice. The key characteristics of Georgian private international law

Author(s): Tamar Mskhvilidze / Language(s): English Issue: Special/2021

This paper aims to investigate the application of foreign law in higher courts practice. The process of determining a foreign law raises practical difficulties, as a judge must apply not just foreign law acts, but also the case law and interpretation with which it is applied in another State. In private international law process the effectiveness of the application of foreign law depends on how correctly and delicately can the higher courts review decisions made by the first instances. In some countries, higher courts have the power to control the correct application or non-application of foreign law by judges, but in some cases, such courts lack this ability. In spite of the development of comparative jurisprudence and modern information technologies, none of the countries’ judge can have a claim on exact knowing of relevant standards of the law of foreign countries. Consequently, the danger of making a mistake is more greater when it comes to interpreting and applying foreign law. Thus, it cannot be expected that the higher court should be able to review interpretation of foreign law acts applied by the lower courts and to provide that this interpretation is relevant to that which the practice of the foreign country would adopt on the same question. There is an opinion that the higher courts should refrain from control the wrong application of foreign law in order to guard their own authority, as there is a high risk of misinterpretation of a foreign rule. The different aspects of this problem will be examined in this article.

More...

Paradise of territoriality lost: rethinking extraterritoriality in administrative law

Author(s): Jakub Handrlica / Language(s): English Issue: 3/2021

Traditionally, the scholarship of administrative law has paid only very limited attention to the phaenomenon of extraterritoriality. Hereby, the scholarship has reflected the theoretical considerations concerning the sovereignty of the State, which have implied that administrative authorities execute their functions exclusively in the territory of the State. At the same time, the scholarship of international public law has traditionally acknowledged that – as based on a corresponding international agreement – a State may allow the administrative authorities of a foreign State to execute certain functions in its own territory. This article aims to reconcile these two approaches, demonstrating that the phaenomenon of extraterritoriality has emerged to represent an integral part of the system of administrative law in various jurisdictions. This article also argues that this perception of administrative law actually fails to represent any new feature, but is based on traditional concepts existing in the public law of Europe. Thus, extraterritoriality must be considered as a part of the ius publicum europaeum commune.

More...

A COMPARATIVE ANALYSIS OF COMPANY DIRECTORS’ ACCOUNTABILITY AND THE STATUTORY DUTY OF CARE, SKILL AND DILIGENCE IN SOUTH AFRICA AND ZIMBABWE

Author(s): Howard Chitimira,Friedrich Hamadziripi / Language(s): English Issue: 2/2021

This article provides a comparative analysis of company directors’ accountability and the application of the duty of care, skill and diligence under the South African and Zimbabwean company law. Notably, Zimbabwe has recently partially codified company directors’ duty of care, skill and diligence for the first time in the Companies and Other Business Entities Act [Chapter 24:31] 4 of 2019 (COBE Act), which came into effect on 13 February 2020. On the other hand, the Companies Act 71 of 2008 (Companies Act 2008) of South Africa also partially codified company directors’ duty of care, skill and diligence and it came into effect on 1 May 2011. Consequently, South Africa has developed some good academic literature and jurisprudence on the duties of company directors for almost a decade. This is one of the reasons why South Africa’s Companies Act 2008 was chosen for a comparative analysis with Zimbabwe’s COBE Act on directors’ duties. Accordingly, the article discusses the gaps and flaws in the relevant company laws in South Africa and Zimbabwe in relation to the interpretation and application of the directors’ duty of care, skill and diligence. This is done to recommend some measures that could be adopted by the relevant regulatory bodies and companies to enhance their directors’ accountability in both jurisdictions.

More...

Конфликтът на компетентности при спорове, свързани със защита на права върху марка на ЕС в правото на ЕС и в българското законодателство

Author(s): Kalin Batalski / Language(s): Bulgarian Issue: 3/2021

This study examines the legal framework of the institutes of pending trial and related claims in the complex system of Regulation 2017/1001. The subject of analysis is the different levels of the system - on one hand, the general provisions of Regulation 1215/2012 and on the other hand - the cases referred to in the EU Trade Mark Regulation to which the provisions of the national law of the Member State concerned apply its features. The objectives of the Union legislator in setting up the system of rules on pending trials and related claims, which are to avoid conflicting judgments, to ensure high-quality justice throughout the European Union, and to ensure effective exercise of EU trademark rights throughout the European Union. The subject of analysis is also the relevant Bulgarian legislation, in particular the provisions of the Law on Trademarks and Geographical Indications. The conclusion is that, despite some complexity, the EU trademark system consists of unambiguous rules that ensure predictability and coordination in the event of conflict situations concerning pending trials and related claims in the field of EU trademark protection. Based on the analysis, de lege ferenda proposals have been made to improve the relevant Bulgarian legislation in this area.

More...