Opinia prawna na temat beneficjenta rzeczywistego w przypadku spółki kapitałowej, której jedynym (100%) udziałowcem czy akcjonariuszem jest zakon bądź jego jednostka organizacyjna (prowincja zakonna, opactwo, klasztor niezależny, dom zakonny)

Author(s): Dariusz Walencik / Language(s): Polish Issue: 23/2020

The aim of this legal opinion is to address the following question: Who is the real beneficiary of a limited company in which the only (100%) shockholder or shareholder is an order or its organizational unit (a monastic province, an abbey, an independent monastery or a monastic house)? The analysis of Polish law and canon law leads to the conclusion that in the case of a limited company whose only (100%) shockholder or shareholder is an order or its organizational unit (a monastic province, an abbey, an independent monastery or a monastic house), the real beneficiary is the competent higher superior of this order as well as members of its council. These persons satisfy the conditions specified in art. 2 para. 2 of the act of 1 March 2018 on countering money laundering and financing of terrorism, because they are a group of natural persons who exercise direct control of the company due to the entitlements they have (shareholders’ meeting/general meeting), which make it possible to exert a decisive influence on the actions or activities undertaken by the company. This is so because it is a group of natural persons who exert control over a legal person (an order or its organizational unit) who is entitled to hold more than 25% of the shares of the company stock and more than 25% of the voting rights in the decision-making body of the company (art. 2 para. 2 point 1 letter a and tiret three of the act on countering money laundering and financing of terrorism).

Изпълнение на публичните държавни вземания по чл. 162, ал. 6 от Данъчно-осигурителния процесуален кодекс

Author(s): Ginka Simeonova / Language(s): Bulgarian Issue: 9/2019

The public state receivables, regulated in art. 162, par. 6 Tax and Social Security Procedure Code have a number of specifi cs, caused by the nature and type of the offenses from which they arise, the bodies, which establish them, the acts, which make them liquid and due and the order for their execution. The article examines precisely the procedure for execution of public state receivables, regulated in the abovementioned provision.

Антиконкурентният ефект в контекста на икономическите концепции за конкуренцията

Author(s): Emilia P. Dimitrova / Language(s): Bulgarian Issue: 9/2019

The anti-competitive effect is the hallmark of market dominance abuse. Neither the European Union Competition Law nor the Bulgarian Competition Law contains a legal defi nition of this term. It is linked to the term “competition“. The concept of competition is borrowed from economics. The interrelationship between market dominance and market dominance abuse outlines the subject-matter of this article. The present research examines the essence of the anticompetitive effect in the context of those economic concepts of competition that underlie the doctrines of market dominance.

Добросъвестността при недействителност на трудовия договор

Author(s): Maria Dimitrova Chochova / Language(s): Bulgarian Issue: 9/2019

This paper addresses some key issues related to the legal signifi cance of the good faith of the employee in declaring invalid the grounds for employment to which he is a party. Although not exhaustive, the peculiarities of some legal consequences in case of bad faith of the employee as a party to an employment relationship, the grounds for which have been declared invalid, are also taken into account.

Aktuální otázky teorie a praxe práva sociálního zabezpečení

Author(s): Miloš Večeřa / Language(s): Czech Issue: 2/1997

On days 15-17 In April 1997, a scientific conference "Aktuálne otázky teórie a praxe práva sociálneho zabezpečenia" was held in Piešťany, Slovakia organized by the Institute of State and Law of the Slovak Republic in Bratislava. The document discusses the state of social security law theory and practice, focusing on the challenges and developments in the field. It highlights the historical trends and current issues faced by social security systems, particularly in the context of economic and demographic crises. The conference brought together experts from Slovakia and the Czech Republic to share insights and propose solutions to improve social security policies. Key topics included the relationship between law and social security, the financial sustainability of social security systems, and the impact of social justice.

K nové úpravě stávky ve Svazové republice Jugoslávie

Author(s): Jan Filip / Language(s): Czech Issue: 1/1997

The article discusses the new strike law recently adopted in the Federal Republic of Yugoslavia, which is part of a broader legislative package related to business regulations. The law defines a strike as a work stoppage organized by employees to protect their professional and economic interests. It includes provisions for different types of strikes, such as warning strikes, and outlines the rules for organizing and conducting strikes, protecting participants, and resolving theoretical questions about the right to strike. Special attention is given to the role of state authorities as mediators and supervisors during negotiations. The law emphasizes the protection of both striking and non-striking employees and ensures that participation in a legal strike does not result in job termination, except for certain public sector employees. It also mandates that employers cannot hire new workers during a strike unless necessary to prevent harm or ensure minimal operations in critical sectors. The law specifies additional requirements for activities in the public interest or those where work stoppage could endanger life, health, or cause significant damage. Violations of the law can result in fines for both employers and employees. The article highlights the importance of balancing the rights of employees and employers during strikes.

Vznik německého zemského soudu v Brně

Author(s): František Vašek / Language(s): Czech Issue: 1/1997

The article discusses the new strike law recently adopted in the Federal Republic of Yugoslavia, which is part of a broader legislative package related to business regulations. The law defines a strike as a work stoppage organized by employees to protect their professional and economic interests. It includes provisions for different types of strikes, such as warning strikes, and outlines the rules for organizing and conducting strikes, including the protection of participants. The law emphasizes the role of state authorities as mediators and supervisors during negotiations. It also addresses the rights of employers, ensuring they can manage their resources during a strike, and specifies conditions under which strikes can be conducted in public interest sectors. The article highlights the importance of balancing the rights of employees and employers and the legal framework's impact on strike activities.

Kwalifikacje zawodowe wybranych zawodów medycznych – charakterystyka wymogów prawnych i aspektów praktycznych

Author(s): Paweł Lipowski,Maja Mydel / Language(s): Polish Issue: 4/2022

In terms of legal requirements for medical personnel, education plays a key role – in each of the analyzed medical professions – it must be a higher education. In the field of post-graduate education (after obtaining the right to practice), it is also possible to complete a specialization course, as a result of which one is able to obtain the title of specialist. As a part of this form of education, medical personnel should constantly improve their professional qualifications in various forms, e.g. qualification courses and specialized training. The provisions of the analyzed acts relating to the so-called independent medical professions indicate, above all, that in order to practice each of the medical professions, it is necessary to hold (maintain) the right to practice the profession and that is subject to the obligation of continuous education, verified by medical boards. The law specifies legal requirements for people who want to practice medicine, in the first place, students of medical faculties. They establish the conditions for obtaining the prerequisite to practice the profession and provide for the need of the continuous postgraduate education after fulfilling the education requirement. This solution introduces a significant scope of legal liability for people who want to practice a given medical profession, which guarantees an appropriate level of protection for patients. Legal regulations for medical professions are in many cases similar, although there are separate legal solutions.

Some Comments on the Unsuitability of the General Data Protection Regulation in the Field of Employment Relations in the Context of Automated Decision-Making

Author(s): Juraj Hamuľák,Andrea Kluknavská / Language(s): English Issue: 2/2023

New technologies currently affect all human activities and are becoming a part of our everyday lives. The use of digitalisation, algorithmic management, and the withdrawal of human decision-making in various phases of working life entails many risks not only in the field of work and human resource management. Even though the rules of algorithmic management do not come only within the scope of employment law, and at the same time employment law fails to explicitly provide for proper protection of employees against damage suffered as a result of automated decision-making, this issue is partially covered within the scope of personal data protection. At the centre of our attention is the issue of the sufficiency of these rules in the field of personal data protection concerning employment law relations, including certain de lege ferenda suggestions.

Provisions Analysis of Arrangements for Post-Foreign Workers are Entitled to Law No 11 of 2020 Concerning Job Creation, Indonesia

Author(s): Lalu Husni,RR. Cahyowati,Any Suryani Hamzah / Language(s): English Issue: 7/2023

International migration is one of the issues in international relations, where the movement of people between countries is getting more accessible. The problem of international migration is based on legal and illegal immigration into the territory of a nation. The focus of this research is contract workers, professionals or foreign workers. The study aims to analyse the arrangements for foreign workers after the enactment of law No 11 of 2020 concerning Job Creation. The research method, the normative legal research with a statutory regulation approach and a concept approach, uses primary, secondary, and tertiary legal materials. Legal materials are processed and analysed in a coherent, systematic manner. Then a conclusion is drawn using the chosen theory. In conclusion, arrangements for foreign workers do not provide certainty, fairness and legal benefits because even law No 11 of 2020 concerning Job Creation continues to apply until with improvements within a maximum period of two years, implementing regulations are not permitted to be issued, then the provisions in the Job Creation Law will become less functional.

A Romanian Example of Compensation for Non-material Damages Caused by a Violation of the Right of Access Provided by the General Data Protection Regulation

Author(s): Silviu Dorin Şchiopu / Language(s): English Issue: 2/2023

The former European Union Civil Service Tribunal admitted the existence of non-material damage that is separable from the unlawfulness that is the basis for the annulment of a contested decision and which cannot be entirely repaired by that annulment. So, the frustration of being forced to bring an action, on the one hand, and a state of serious uncertainty and concern (anxiety), on the other hand, may constitute actual harm suffered giving rise to the claim for moral damages, as long as the illegality of the wrongful act and the existence of a causal link between the act and the damage suffered are also proved. The Romanian courts awarded moral damages for the infringement of the right of access provided by Regulation (EU) 2016/679 to compensate the feeling of injustice and the anxiety caused by the fact that a person had to conduct a pre-litigation procedure and then a litigation procedure in order to have his rights recognised. This paper argues that the data subjects should demand and the courts should award non-material damages not only for the frustration of being forced to bring actions to defend their right to the protection of personal data, but also for the serious state of uncertainty and concern that can be generated by the loss of control over their own personal data when the controller disregards the right of access of the data subject, right designed to allow the latter to be aware of, and verify, the lawfulness of the processing.

Transparentnost a spravedlnost v odměňování dle směrnice EU 2023/970

Author(s): Lenka Farkačová / Language(s): Czech Issue: 2/2024

The article focuses on selected aspects of EU Directive 2023/970 and the options available for their solution. It focuses on those areas that most require changes in current approaches, especially concerning the issue of unequal pay for women and men. According to the author, the introduction of this directive has the potential to help establish fair pay regimes regardless of gender, age, race, ethnicity, etc. However, its implementation is debatable in many aspects.

ПРАВОТО ПРЕЗ ПОГЛЕДА НА УЧЕНИЯ, СЪДИЯТА И ПОЛИТИКА

Author(s): Yanaki Stoilov / Language(s): Bulgarian Issue: 1/2024

The article shows that the perception of the law depends on the point of view of the one who works with it. Three perspectives are particularly important: those of the scholar, the judge, and the politician. Each of the professions that has law as its object foregrounds specific requirements, the fulfillment of which determines the quality of the respective activity The topic has already been partially and more generally raised and addressed in two foundational lectures by Max Weber: Politics as a Vocation and Science as a Vocation, but specifically for law and in the chosen triple relation it contains novelty. What is new is the 'three-dimensional' delineation of the roles into which the lawyer can enter as scientist, judge or politician. The views of law and the operation of law dictated by each of these roles require distinctions and parallels to be drawn between them. Such parallels are consistently drawn between the way law is viewed and used by scholar and judge, scholar and politician, and judge and politician. The comparative analysis shows both the commonalities and the differences in the treatment of law by each. Points of congruence are found even where they seem least, between the judge and the politician, and differences are found even between the modus operandi of the legal scholar and the judge, activities that are inherently compatible.

Completul pentru dezlegarea unor chestiuni de drept. Admitere sesizare. Interpretarea și aplicarea prevederilor art. 2 alin. (1) lit. c) și ale art. 36 alin. (3) din Legea-cadru nr. 153/2017, în sensul că salarizarea personalului tehnic, economic...

Author(s): Author Not Specified / Language(s): Romanian Issue: 4/2022

Înalta Curte de Casație și Justiție, Completul pentru dezlegarea unor chestiuni de drept, decizia nr. 61/2022, M. Of. nr. 1.172 din 7 decembrie 2022

Invocarea unei discriminări salariale. Spor de confidențialitate. Emiterea unui ordin prin care să îi fie acordat reclamantei sporul de confidențialitate de 10%. Admitere recurs

Author(s): Not Specified Author / Language(s): Romanian Issue: 3/2023

Curtea constată că, în circumstanțele cauzei, nici principiul nediscriminării și reglementarea cuprinsă în O.G. nr. 137/2000 și nici regula stabilirii salariului la nivelul funcțiilor similare prevăzută de art. 39 alin. (1) din Legea-cadru nr. 153/2017 nu justificau recunoașterea dreptului reclamantei de a beneficia de sporul de confidențialitate de 10 % pentru perioada în care nu a deținut autorizație de acces la informații clasificate, nivel „secret”. Faptul că reclamanta a obținut, după încetarea delegării de atribuții, autorizația de acces la informații clasificate secrete, contrar celor reținute de prima instanță, nu poate echivala cu o recunoaștere retroactivă a dreptului de a beneficia de sporul de confidențialitate, întrucât acordarea acestui drept salarial este condiționată și de existența unor atribuții ce presupun accesul la informații clasificate.

ПРАВОВИЙ РЕЖИМ: ВІД ТЕОРІЇ ДО ПРАКТИКИ

Author(s): Artem M. Kotenko / Language(s): Ukrainian Issue: 57/2024

In the article, based on the analysis of the approaches of legal science to revealing the content of the concept of legal regime, its essence is substantiated as a set of legal norms that determine the order of regulation of a certain range of social relations. The types, main characteristics and differences of legal regimes of martial law, state of emergency, zone of an ecological emergency zone and zone of temporarily occupied territory are disclosed. Key words: legal regime, types of legal regimes, the legal regime of martial law, the legal regime of a state of emergency, the legal regime of an ecological emergency zone, the legal regime of a temporarily occupied territory

Finansowe instrumenty wsparcia przedsiębiorstw społecznych

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

Przedsiębiorcy działający na rynku mogą zyskać status przedsiębiorstwa społecznego, jeśli realizują cele społeczne oraz wspierają swym działaniem osoby zagrożone wykluczeniem społecznym poprzez ich reintegrację zawodową i społeczną. Uzyskanie statusu przedsiębiorstwa społecznego pozwala na skorzystanie przez podmiot z właściwych form wsparcia finansowego na rozwój i podnoszenie konkurencyjności organizacji. Przedmiotem artykułu jest analiza istniejących rozwią­zań prawnych w zakresie pozyskania wsparcia finansowego. Analizie poddano formy wsparcia kierowane do różnych grup osób zagrożonych wykluczeniem. Z rozważań zawartych w artykule wynika, iż zaproponowane instrumenty pozostają niedopasowane do potrzeb tej grupy przedsiębiorstw. Dodatkowo w publikacji zawarto propozycje zmian prawnych, które wprowadzone pozwolą na wzmocnie-nie pozycji przedsiębiorstw społecznych na rynku.

Здравно-информационен юридически справочник 01.07.2024-31.07.2024 г.

Author(s): Lilia Monova-Asenova,Veska Gergova / Language(s): Bulgarian Issue: 4/2024

Zatrudnianie pracowników w instytucjach kultury

Author(s): Agnieszka Sikora / Language(s): Polish Issue: 22/2024

The aim of this paper is to present the problems of offering employment opportunities at cultural institutions within the context of the law as it stands, with a focus on regulations other than the provisions of the Polish Labour Code. The paper discusses the legal framework for employing managers and other personnel, and pays attention to the specific nature of legislation that applies to this category of personnel. The author draws on her own experience to identify the key issues and challenges related to the HR/personnel policies at cultural institutions.

Dialog społeczny w służbie cywilnej

Author(s): Jakub Szmit / Language(s): Polish Issue: 22/2024

The civil service corps consists of people employed in clerical positions in the government administration offices. Therefore, it is a professional group that remains in a very close relationship with the state, which, pursuant to art. 20 of the constitution should implement, among others, solidarity, dialogue and cooperation of social partners. This article analyses the extent to which this task is carried out in relation to the civil service, that is, at the level where the role of the state is not limited to being a legislator alone, but it also acts as an actual employer.