Wyniki wyszukiwania - Biblioteka Nauki

1

100%

Nikodým D.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2014

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tom 97

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nr 6

555 – 562

EN

The author points to some open problems of constitutional legislation and focuses on novels which are breaking the Constitution in that way that they have no support in the Constitution, further on novels which are infringing the material core of the Constitution and those which disturb compatibility of constitutional order and dominant position of the Constitution. He concludes by de lege constitutione proposals.

2

BETTER REGULATION AND REGULATORY QUALITY: THE CASE OF RIA IN SLOVAKIA

100%

Staronova K.

Sociológia (Sociology)

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2009

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tom 41

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nr 3

247-264

EN

Regulatory reforms in Europe and OECD countries in the last decade have focused on various tools that would improve 'regulatory quality'. Regulatory impact assessment (RIA) is considered to be a tool that assists the decision-makers to make choice by systematic appraisal of the potential effects (fiscal, social, economic and other) to proposed legislation. Slovakia, together with other newly accessed countries adopted this tool in the year 2001, however, there is no systematic available research that would discuss the level of implementation and quality of the information in the regulatory impact assessments conducted in these countries. This article deals with the quality of information contained in regulatory impact assessments conducted in Slovakia.

3

PREZIDENT REPUBLIKY A ZÁKONODÁRSTVÍ V ČR

100%

Koudelka Z.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2012

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tom 95

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nr 3

227 – 236

EN

The president of the republic is not only the authority of executive power, whose competence is executive completely. As the head of the state he intervenes in the legislative power, where he has significant rights. The most important right is the right of veto, which is by the Constitution regulated as a suspensive, but toward the end of electoral term of the House of Deputies it usually becomes the absolute veto. There is a serious fault in the Contitution – the Constitution doesn’t solve the creation of acts, including constitutional acts, during serious threat to state, especially during the war. The example of president’s Beneš decrees proves that during the occupation of the state territory it is impossible to guarantee working Parlament as a great collective authority. The state continuity, including legislative and constitutional competence, is performed by the head of the state, although the Constitution doesn’t know such a competence.

4

Market access issues for transgenic plants in Canada and abroad

100%

Anderson B.

Biotechnologia

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2000

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nr 2

34-40

EN

In this paper the factors affecting the commercialization of ag-biotech products in Canada destined for international markets. Public acceptance issues, lack of internationally harmonized regulatory systems and data requirements, politicized regulatory systems, intellectual property rights, unclear and inconsistent labeling laws, and the current uncertainty cultivated by the United Nations Convention on Biological Diversity (CBD) Biosafety Protocol, all contribute to market access barriers for Genetically Modified Organisms (GMOs) are discussed.

5

Genetically modified microorganisms, their application and activities of European Union and Poland to ensure biosafety

100%

Tudek B.

Biotechnologia

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2002

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nr 4

239-260

EN

Genetically modified microorganisms (GMM) are widely applied in research, medicine, pharmaceutical and food industries, as well as in agriculture and environment protection. The assessment of actual risk to human health and to environment related to GMM application is often difficult, because these is unsufficient experience in the application of GMM in areas other than research. That is why European Union, as well as Poland, have undertaken several activities serving to prevent any harm to human health and/or to environment, which might result from utilization of genetic engineering. These activities are performed on the level of legislation and on the level of research programs, aiming at the establishment of effective methods of GMM containment and control. Polish law on Genetically Modified Organisms from 22 June 2001 builds the safety system in Poland in accordance with EU Directives. Additional legislative documents, supporting such system are European Standards which describe in detail particular issues connected to biosafety in laboratories, industry and environment. European standards are adopted to Polish standardization by Polish Committee for Standardization.

6

Freedom, Legislation and Mutual Constraint: Intersubjective Character of the Concept of Freedom in Kant

100%

Kloc-Konkolowicz J.

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2004

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tom 13

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nr 4(52)

213-226

EN

The main objective of the paper is to examine relations between three Kantian ideas: freedom, law and constraint, as they have been presented in the 'Foundations of Metaphysics of Morals'. The author argues that the close relationship between the three ideas testifies to a deeply social nature of Kant's philosophy. The possibility of mutual and universal constraint is crucial to the understanding of external freedom, whereas the possibility of self-constraint is fundamental to the understanding of inner freedom. Mutual constraint manifests itself as the negative side of the mutual acknowledgement of everyone's freedom. Coordination of freedoms is a liberal, but not a libertarian, concept; one's aim must not be a moral perfection of the others, but their happiness, in so far as it does not interfere with the moral law .

7

POZNATKY Z ROZHODOVACEJ ČINNOSTI SÚDOV V SOCIÁLNYCH VECIACH

100%

Závadská E.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2012

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tom 95

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nr 1

57 – 65

EN

The text should highlight the problems of application practice of the courts but also of the administrative authorities in social insurance and security in the aplication of the new legislation and contribute to remedy the deficiencies, where the application practice doesn´t require amendment of the legislation, as well as draw attention to the fields, in which adoption of a new legislation would be helpful.

8

FREEDOM OF MOVEMENT IN POLISH LEGISLATION (Sloboda pohybu a pobytu v polskom prave)

100%

Chmielewski G.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2011

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tom 94

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nr 2

115-130

EN

The author of this contribution tried to outline problems with freedom of movement. At the beginning it presents definition of freedom of movement and history of law related to freedom of movement in Poland. Then there are presents current legislation in Poland (with judicature Constitutional Court and administrative courts) and in the European Union.

9

CURRENT LEGISLATION ON CRIMES OF NEGATION IN THE SLOVAK REPUBLIC AND CERTAIN OBJECTIONS TO IT (Sucasna pravna uprava popieracich trestnych cinov v Slovenskej republike a niektore vyhrady voci nej)

88%

Jurasek D.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2011

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tom 94

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nr 3

170-182

EN

The author deals with the legislation on crimes of negation in the Slovak Republic in the context of its most recent amendment from the year 2009 and raises certain objections to it. In the first part of the article the author analyses the currently valid legislation: definition of crimes falling under the prohibition of negation, forms of negation, and conditions of the negation for the individual forms of negation, penal rates, and briefly touches upon international documents on which the Slovak legislation is based. In the second part the author points out that the current legislation probably does not meet the principle of legality, is apparently redundant, its influence on suppression of extremism and crime is at least disputable and has further technical deficiencies, which casts doubts on it. Finally he summarised the findings and expresses the belief that adoption of the existing legislation was affected by political rather than professional factors.

10

REGULATION OF STATE SYMBOLS IN THE SLOVAK REPUBLIC (Pravna uprava statnych symbolov v Slovenskej republike)

88%

Kuklis P.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2009

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tom 92

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nr 4

319-329

EN

State symbols are an organic part of formal symbols of statehood. They are an external manifestation of the State, an expression of its sovereignty, independency and integrity. From the view of the science of constitutional law different approaches to the definition of the term of state symbols are applied. The State symbols are subject of the regulation of supreme power, i.e. of the constitutional law. The Constitution of the Slovak Republic in Article 8 provides that State symbols of the Slovak Republic are national emblem, national flag, national seal and national anthem. The legislation stipulating the details on State symbols of the Slovak Republic and their use is the Act No 63/1993 Coll. on State symbols of the Slovak Republic and their use, as amended. The use of State symbols is also regulated by other legislation. The violation of the legislation regulating the State symbols is sanctioned in several ways. The State symbols are closely related to the symbols of other subjects of public power. The recent trends in the creation of national States, the ambivalent approach to the efforts at 'federalization' of the European Union and the intuitive understanding of State symbols as an expression of the idea of the State prove the irreplaceable function of State symbols in the existence of the State and society. State symbols, particularly at the time of creation of new States and at the beginning of their existence, contributed - together with renewed or new-created symbols of other public authorities - to the renaissance of civil society.

11

LEGISLATÍVA O LEGISLATÍVE

88%

Balog B.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2016

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tom 99

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nr 3

219 – 233

EN

The state of legal system in Slovakia is subject of long-term criticism, not only by lawyers, but also generally by public, by the addressees of the law. They feel that laws are created in a process that is distant and inaccessible for them. Role of the State is to strengthen citizen ś confidence in law, open the legislative process and make it transparent. In 2015, two laws were adopted relating to the preparation and drafting of laws and parliamentary discussion about proposed laws. The present paper deals with the amendment to the rules of procedure of the Parliament in 2015. It takes note of the changes relating to the publication of the proposed laws and amendments. The paper understands it as a deepening of the Principles of Sovereignty of the People in the activity of the Parliament. The second area is the analysis of Rule prohibiting Amendments that bear no connection with the proposed law, which the paper assesses as a major benefit of the Amendment to the Rules of Procedure of Parliament in 2015.

12

AKTÍVNA LEGITIMÁCIA VEREJNÉHO OCHRANCU PRÁV V JUDIKATÚRE ÚSTAVNÉHO SÚDU SR

75%

Kanzelsberger J.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2017

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tom 100

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nr 2

131 – 142

EN

This post includes considerations of the application of the provisions of the ombudsman law in response to the articles of the Constitution of the Slovak Republic governing the circle of those entitled to initiate proceedings before the Constitutional Court, namely the locus standi of the ombudsman. The author in this issue focuses on examining the resolutions of the Constitutional Court of the Slovak Republic in which the Constitutional Court decides on the adoption of the draft of the ombudsman to act because in recent months the application of these provisions and the Constitution regulating the locus standi of the ombudsman seems especially problematic in the context of petitions submitted to the Constitutional court by the ombudsman. The Constitutional Court in those cases dealt with the question of locus standi of the ombudsman to initiate proceedings about the unity of the legislation in the art. 125 paragraph. 1 of the Constitution.

13

SELECTED ISSUES OF THE COPYRIGHT IN MUSICAL COMPOSITION (PART II.) LEGAL ASPECTS OF PERFOMERS' CHANGES IN THE AUTHORIAL WORK FROM THE VIEWPOINT OF THE SLOVAK AND CZECH LEGISLATION (Slovak title - below)

75%

Adamov N.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2009

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tom 92

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nr 5

427-438

EN

(Title in Slovak - 'Vybrane otazky autorskeho prava v oblasti hudobnej tvorby (II. cast) Pravne aspekty zasahov vykonneho umelca do autorskeho diela z hladiska slovenskej a ceskej pravnej upravy'). A performance of authorial piece of work is not only making of its use, but often the interpretation is connected with some interference beyond the author's intentions. Therefore, it is necessary to distinguish between 'the use of the work' as a general term, 'an intervention into the work' as a specific term and 'a processing of the work' as the most specific term. Within the processing of the work, parody has a peculiar position. On the one hand, it must stand in relation to the original work; on the other hand, this relationship is specific in that it more or less fundamentally denies the parodied work and simultaneously, so to speak, parasitizes upon it. In the parody of a musical work one must distinguish two levels: the relation of the reworked text to the original text and the relation of the reworked text to the original musical component. Where the relation of both texts is concerned, the parody might be unambiguously another work which does not devalue the original text, even while being its deliberate deformation, because the original text (as a separable part of the musical work) only creates an association on the basis of so-called gradual semiosis. What is fundamental, however, is that the significance of the new work is changed. In this case authorial legal protection could not be applied against such an encroachment, because only the thought included in the work would be affected.

14

PRÁVNA REGULÁCIA REKLAMY ŠÍRENEJ PROSTREDNÍCTVOM ELEKTRONICKEJ POŠTY

75%

Zlocha Ľ.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2016

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tom 99

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nr 3

204 – 218

EN

Advertising is a phenomenon of modern society, without which we cannot imagine functioning and prosperous economy. Internet advertising is nowadays regarded as an independent marketing tool. Increasingly, however we can still observe sending of unsolicited advertising messages that present a product or service or encourage the recipient in that direction to do more. In this article the author analyses legal regulation of advertising disseminated via e-mail. Dissemination of advertising via e-mail is regulated not only by public or private national law, but is also regulated and harmonised by EU law. Whereas the dissemination of advertisements via electronic mail is an advertising action, legal regulation also applies to the use of electronic mail as an advertising tool. Doctrinal understanding of spam as unsolicited messages of any content is broader than the definition contained in the framework of EU legislation, which is limited to unsolicited advertising messages disseminated by e-mail. What remains questionable is the issue of the effectiveness of anti-spam rules because the possibility of using anti-spam law standards is considerably restricted taking into account existing limits of national jurisdictions.

15

CRIMINAL RESPONSIBILITY AND ITS IMPORTANCE IN RELATION TO LOSSES IN THE ENVIRONMENT (Deliktualna zodpovednost a jej vyznam vo vztahu k stratam v zivotnom prostredi)

75%

Cepek B.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2011

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tom 94

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nr 2

161-169

EN

In conclusion, the legislation of criminal responsibility for the losses in the environment shows that the mechanism of damage and its recovery is not sufficient and does not cover any loss which occurs in the environment, both on substantive grounds as well as legal, in terms of substantive and but also procedure. Into the Slovak law is necessary to introduce a new category of losses in the environment, whether it will be referred to as non-material damage, environmental damage, damage in the environment and the like, especially with developing a mechanism for its application and enforcement in practice. Then the responsibility for this loss must be based on principles in essence, exactly the opposite of a lack of private legislation (principle and official compulsoriness application, long enough, or best indefinite period for application, restitution in kind or compensation, the extension of the statutory bodies to remedy provision their hierarchy, etc.

16

Niejednostajność prawa

75%

Staśkiewicz W.

Studia Socjologiczne

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2013

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nr 1(208)

41-75

EN

The article deals with the issues of non-uniformity of law, as the opposite of uniformity of law, which is today regarded by lawyers as an equivalent to unification and codification of law. Lack of clarity, stability and certainty of law, as well as the objectification of law by the state, resulting in inflation of law or defects of legislative techniques, are not the only causes of non-uniformity of law. Therefore, the problem is perceived in a wider sense – as a state of imbalance between social norms of which legal order consists. The article examines in detail current social determinants of the lack of uniformity of law in Poland.

17

OCHRANA PROTI FALŠOVANIU LISTÍN VYDÁVANÝCH HODNOVERNÝMI MIESTAMI V STREDOVEKOM UHORSKOM ZÁKONODARSTVE

75%

Glejtek M.

Studia Historica Nitriensia

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2018

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tom 22

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nr 1

58 – 78

EN

Major cases of violation of law in the Middle Ages included falsification of documents of a legal nature (charters). The falsification of documents could cause considerable damages to a property of individuals and groups of people. Due to this reason, a considerable attention was paid to falsification of documents and protection against the falsification in the medieval legislation. Important publishers of documents in the Medieval Hungarian society were the so called places of authentication (loca credibilia). The presented article focuses on the chapters and conventions that provided such function in the Middle Ages. The importance of these institutions in the protection against unauthorized publishing of charters is also evidenced in several legal standards. The article provides an analysis of the legal standards, in particular the royal decrees (laws), the customary law and particular statutes of chapters of canons.

18

VPLYV ÚNIOVÉHO PRÁVA NA MEDZINÁRODNÝ RÁMEC PRÁVNEJ ÚPRAVY ZODPOVEDNOSTNÝCH VZŤAHOV JADROVÉHO PRÁVA

75%

Novotná M. , Varga P.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2015

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tom 98

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nr 2

128 – 148

EN

The paper deals with the civil law relationships for the nuclear damage caused by the nuclear incident that are, due to their specific character and potential cross-border consequences, regulated by means of international law. The emphasis in the paper is put on questions of the potential application and limits of the European Union (“EU”) legislation, represented by the Regulation Brussels I that is applicable to legal nuclear liability relations (eventually, their procedural aspects by application of this right by legitimate subjects) and mutual relationships between the Regulation and international nuclear liability conventions as well as questions of definition of concrete rules setting the jurisdiction of courts in matters of nuclear damages where the Regulation Brussels I may be applicable. An attention is given also to the question of potential application of the Regulation Rome II to legal relationships of nuclear damages and to the legal relationships that are closely connected with the nuclear damage compensation, though these are not directly regulated by international nuclear liability conventions.

19

DRUHÁ KOMORA PARLAMENTU

75%

Nikodým D.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2011

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tom 94

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nr 6

531 – 544

EN

In the legal theory and practice we often encounter weaknesses that are attributed to the law-making. For the purposes of the improvement of parliamentary powers as a system solution, the introduction of bicameralism into legislation can be considered. A two-chamber system in plural democracy can contribute to the balancing of interests that may be competitive or conflicting, which can be observed in the regional policy as well. For the Slovak Republic as a unitary state, it is suitable to consider the setting up of the second chamber of a regional type. The regional and territorial development requires the mitigation of regional disparities. The second chamber can also contribute to the prevention of inflation in the law-making and insufficiently elaborated draft legislation. In the mutual relations of the chambers the method of settlement of disputes is important. The relations between chambers are also affected by the political composition. If it is more or less single-party, the importance of the second chamber may decline. It is assumed that elections in the individual chambers will take place at different dates. The application of a majority election system in the regional chamber is suggested to allow higher-tier territorial unites to exert an influence on the election of candidates. The possibility of candidature without membership in a political party is opening up.

20

SATISFYING THE MAJORITY? CASE STUDIES IN SLOVAK MINORITY POLICY 2006 – 2014

75%

Steuer M.

Annales Scientia Politica

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2015

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tom 4

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nr 2

42 – 51

EN

The study analyses selected outcomes of the minority policy of the Slovak Republic between 2006 and 2014. By conducting a content analysis of three government manifestos (2006, 2010, 2012) and explanatory statements of three significant laws from this period, it shows that the measures approved by two executives (2006, 2012) aimed to satisfy the alleged demand of the majority for a more restrictive minority policy. The 2010 government made some effort towards more inclusive steps but its wavering political support prevented their effective implementation. The study also reviews the changes in the advisory institutions in this period which mirrored the overall approach to minority policy of the three executives.