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1
Stejskal, Vojtêch. "Nature Conservation and Landscape Protection Including the Natura 2000 Network in the Czech Legal System." Journal for European Environmental & Planning Law 4, no. 2 (2007): 117–26. http://dx.doi.org/10.1163/187601007x00127.
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AbstractThe Czech Republic has been a party to most of the important multilateral international nature conservation and biodiversity protection agreements. In 1992 there was adopted the Act No. 114/1992 Coll., on nature conservation and landscape protection. This Act is the basic Act in the area of nature and biodiversity protection and management in the Czech Republic. The Act and the providing legislation are only partially compatible with the EC secondary law, namely Habitats and Birds Directives. But the most problematic issue is an enforcement of nature protection law in practice.
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Magurová, Hana, Matej Horvat, and Mária Srebalová. "Consumer Protection in the Slovak Republic and Protection of Air Passengers’ Rights." Studia Commercialia Bratislavensia 11, no. 40 (December 1, 2018): 217–27. http://dx.doi.org/10.2478/stcb-2018-0016.
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Abstract The authors analyse a legal regulation of consumer protection in the Slovak Republic, comprised (among others) the Civil Code, the Act on Consumer Protection and the Act on Consumer Protection in Provision of Certain Tourism Services. They refer to the specifics of consumer law, which undermines the basic principles of private law (the principle of equality of the involved parties and the principle of the dominance of dispositive legal norms), because it primarily serves for the protection of a weaker party of the consumer agreement - a consumer. They focus on the claims of consumers - air passengers. The conclusion is that air passengers’ rights drive mainly from the EU law. They also present a survey regarding air passengers’ rights and propose suggestions on how to improve their satisfaction. The aim of a paper is to start a discussion on air passengers’ rights because the number of air passengers increases.
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Bielinhio, V. "Administrative Procedure Act of the Republic of Estonia: Experience for Ukraine." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 110 (2019): 5–8. http://dx.doi.org/10.17721/1728-2195/2019/3.110-1.
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The article deals with the provisions of the Constitution of the Republic of Estonia which concern the cooperation of public administration with citizens and the protection of the citizens' rights. The comparison of the particular provisions of the Constitution of the Republic of Estonia with the provisions of the Constitution of Ukraine is made. As a result of comparing the provisions of the Constitution of the Republic of Estonia with the provisions of the Constitution of Ukraine, it is concluded that they are similar in terms of citizens' rights protection. In both Constitutions, citizens' rights are recognized and protected by the state, rights and freedoms may only be circumscribed in exceptional cases, citizens have the right to free access to the information held by public administration (access to which is not restricted). Special attention is given to Administrative Procedure Act of the Republic of Estonia, which was passed on 06 June 2001. The principles of the administrative procedure, enshrined in Administrative Procedure Act of the Republic of Estonia, are presented. They include the principle of human rights protection, the principle of legality, the principle of proportionality and separate group of principles – principles of good administration. The principles of good administration, which underlie the cooperation of public administration with citizens, are also highlighted. They include the right to be heard, the right to examine documents, the right to get explanations, the principle of accessibility and data protection, the right to representation, the principle of appeal. It is substantiated that the principles of administrative procedure, enshrined in Administrative Procedure Act of the Republic of Estonia, provide two important guarantees: 1) a guarantee for good and legal activity of public administration, 2) a guarantee for enforcement of person's rights and freedoms during issuing administrative acts or taking measures. The conclusion on the expediency for the systematization of the legislation on administrative procedure in a one normative legal act is made. On the basis of drawn conclusions, it is proposed to draft and adopt in Ukraine a unified normative legal act on administrative procedure (a law or a code), taking into consideration Estonia's experience in this matter.
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Ivancevic, Boris, Milan Matavulj, Jelena Vukojevic, and Maja Karaman. "Fungi in the legislation of the Republic of Serbia." Zbornik Matice srpske za prirodne nauke, no. 123 (2012): 51–64. http://dx.doi.org/10.2298/zmspn1223051i.
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Conservation and protection of fungi have lately been considered as extremely important elements of the environmental conservation, and numerous environmental, scientific, medical, economic, cultural, ethical, and other reasons for such attitude exist today. This paper presents an overview of official regulations on the protection of fungi in the Republic of Serbia from the Act of Protection of 1991 until today. The paper lists and analyses the good and bad provisions of individual legal regulations. It registers the effects of the adopted regulations on the actual efficiency of protection of endangered species of fungi (macrofungi, mushrooms), and considers the impact of chronological development of legislation on the population of fungi in nature, and presents general measures to improve protection of mushrooms in the future. These measures primarily include reliable information and study of fungi as a basis for their effective protection based on scientific knowledge.
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Babić-Bosanac, Sanja, and Aleksandar Dzakula. "Patients' Rights in the Republic of Croatia." European Journal of Health Law 13, no. 4 (2006): 399–411. http://dx.doi.org/10.1163/157180906779160265.
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AbstractAs one of the first transition countries in Central and Southeast Europe, the Republic of Croatia, through comprehensive health service legislation, has made a significant step forward in aligning its standards in the protection of patients' right to those that exist in the developed western democracies. However, the legislation on patients' rights is still not having any significant effect on improving the position of patients in the health system.In this paper, the emphasis is on presenting the legal solutions from the recent Act on the Protection of Patients' Rights, including an analysis of the causes of the existing discrepancy between the legal standards and the actual position of patients in Croatia.
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Przywora, Bogusław. "FREE LEGAL ASSISTANCE AS AN INSTRUMENT IN PROTECTING THE RIGHTS OF FOREIGNERS IN THE REPUBLIC OF POLAND – A CONTRIBUTION TO THE DISCUSSION." Roczniki Administracji i Prawa 1, no. XX (March 30, 2020): 29–143. http://dx.doi.org/10.5604/01.3001.0014.1417.
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The article addresses the issue of free legal assistance as an instrument in the protection of the rights of foreigners in the Republic of Poland against the background of basic legal and international standards. In particular, the grounds for the protection of foreigners’ rights arising from the Constitution of 2 April 1997, as well as the provisions of the Act of 10 September 2015 amending the Act on granting protection to foreigners on the territory of the Republic of Poland and some other acts, were taken into account. This Act introduces a number of solutions aimed at providing foreigners with free legal assistance. Its purpose was to implement into the Polish legal order the provisions of Directive 2013/32 / EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, as well as Directive 2013/33 / EU of the European Parliament and of the Council of 26 June 2013 on establishing standards for the reception of applicants for international protection. The purpose of this act was also to adapt national law to the provisions of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013. These acts are part of EU law creating the 2nd generation Common European Asylum System, i.e. „Asylum package”.
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Wegen, Gerhard, and Christopher L. Crosswhite. "Federal Republic of Germany: Semiconductor Protection Act Implementing the Directive of the European Communities." International Legal Materials 28, no. 6 (November 1989): 1501–17. http://dx.doi.org/10.1017/s0020782900017253.
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Vajčnerová, Ida, and Kateřina Ryglová. "The analysis of isurance in case of travel agency insolvency on the Czech market and the comparison with other kinds of bonding in the Great Britain." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 53, no. 6 (2005): 263–70. http://dx.doi.org/10.11118/actaun200553060263.
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This article is focused on the topic of customer protection. The protection covers insolvency of travel agency and comes out from the Council Directive 90/314/EEC. In the Czech Republic this Council directive is implemented into Czech law through the Act No. 159/1999 Coll. on Conducting Business in Some Areas of the Tourism Sector. Unfortunately, the act is considered to be not up to date therefore novelization is being prepared. The article describes insurance as the one and only customer protection in the Czech Republic. Simultaneously, there are set other possibilities of customer guarantee in case of travel agency bankrupt which are successfully used in other European countries. One part of the article is dedicated to detail analysis of this problem in Great Britain. The result of provided analyses and research – proposal of guarantee model through insurance section which would be a part of Association of Travel Agencies and Tour operators. The goal of the model is to clear away present weaknesses in this field.
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Jamróz, Lech. "Sądownictwo konstytucyjne we Francji po II wojnie światowej." Politeja 17, no. 1(64) (February 26, 2020): 59–71. http://dx.doi.org/10.12797/politeja.17.2020.64.04.
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Constitutional Judiciary in France after the Second World War. The Importance of Constitutional Republican Tradition
In France, the institution of the constitutional court appeared relatively late. In the period of the Third Republic, the main obstacle to a serious discussion on the introduction of a constitutional court to the political system was the prevailing concept of a “sovereign parliament” and the associated primacy of the act (statute). The doctrine of those times strengthened the view of the special role of the act (statute) in the legal system; also in the protection of individual rights. These are the main elements of the French republican tradition, which was formed during the Third Republic and was strengthened in the next republican period under the Constitution of 1946. The Constitutional Council, the first independent constitutional court, was introduced into the new system of France (1958) not so much from the conviction of this institution, but from the desire to limit the sovereign power of the parliament and the primacy of the law. The earlier Constitutional Committee (1946) could not fulfill this role, but its importance is underlined in French literature.
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Farahni, Fadilah Nariza. "THE BANKRUPTCY OF FOREIGN CAPITAL COMPANIES AND INDONESIAN LABOR PROTECTION." Jurnal Hukum Bisnis Bonum Commune 3, no. 1 (January 24, 2020): 120–27. http://dx.doi.org/10.30996/jhbbc.v3i1.3007.
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Indonesia as a destination for investment will open an opportunity to foreign investor to come and invest their money in Indonesia. As the time goes by, those foreign companies cannot survive due to tight competition that may lead to bankruptcy. In Indonesia, Law No. 37 Year 2004 about bankruptcy and debt moratorium/suspension of payment has not been arranged it in detail about foreign stock company bankruptcy. Therefore, this research aims to examine 2 aspects, which are first, to show that foreign stock company in Indonesia can be bankrupted. Second, to explain the rights of Indonesian employees that works in that bankrupted company. From this research, we found that foreign stock company in Republic of Indonesia area can be bankrupted based on Act No. 25 Tahun 2007 about capital investment, which says that foreign capital investment must be in a form of Limited Liability Company based on the Indonesian law. This clearly states that foreign stock company in Indonesia should obey the law and order of Republic of Indonesia. Indonesian labor's rights for the labour who works for foreign stock company that experiences bankruptcy based on Labour Law No. 13 Year 2003 Act 165 states that the labor's rights include: severance payments, long service payment and com-pensation payment.
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Maj, Elżbieta A., and Natalia Maj. "Rodzina z dzieckiem niepełnosprawnym w systemie pomocy społecznej i wsparcia społecznego." Rocznik Administracji Publicznej 6 (2020): 26–46. http://dx.doi.org/10.4467/24497800rap.20.002.12896.
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Families with Disabled Childreninthe Welfare and Social SupportSystem The research problem discussed in the article concerns the legal protection family with disabled children in the welfare and social support system. Due to the nature of the subject, the analysed has covered selected national acts mainly in the area of the welfare system in general terms. The presented conclusions are based on the resultsof the analyticalstudies of selected acts, such as:the Constitution of the Republic of Poland of 2 April 1997, the Charter of the Rights of the Disabled Persons of 1 August 1997, the Social Welfare Act of 12 March 2004, the Act on family benefits of 28 November 2003, the Mental Health Protection Act of 19 August 1994, Act of 27 August 1997 on the vocational and social rehabilitation and employment of people with disabilities and others.
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Maj, Elżbieta A., and Natalia Maj. "Rodzina z dzieckiem niepełnosprawnym w systemie pomocy społecznej i wsparcia społecznego." Rocznik Administracji Publicznej 6 (2020): 26–46. http://dx.doi.org/10.4467/24497800rap.20.002.12896.
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Families with Disabled Childreninthe Welfare and Social SupportSystem The research problem discussed in the article concerns the legal protection family with disabled children in the welfare and social support system. Due to the nature of the subject, the analysed has covered selected national acts mainly in the area of the welfare system in general terms. The presented conclusions are based on the resultsof the analyticalstudies of selected acts, such as:the Constitution of the Republic of Poland of 2 April 1997, the Charter of the Rights of the Disabled Persons of 1 August 1997, the Social Welfare Act of 12 March 2004, the Act on family benefits of 28 November 2003, the Mental Health Protection Act of 19 August 1994, Act of 27 August 1997 on the vocational and social rehabilitation and employment of people with disabilities and others.
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Litwiniuk, Przemysław. "Ochrona własności rolniczej w świetle ustawy o kształtowaniu ustroju rolnego." Przegląd Prawa Rolnego, no. 2(25) (June 29, 2020): 47–68. http://dx.doi.org/10.14746/ppr.2019.25.2.4.
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The purpose of the deliberations presented in this article is to assess the protection of agricultural property in the light of the Act of 11 April 2003 on shaping the agricultural system, taking into account its amendments of 2016 and 2019. In the author’s opinion, the provisions of this Act that serve the purpose of the protection of agricultural property should be interpreted in the light of the principles derived from Article 23 of the Constitution of the Republic of Poland and from the perspective of the intentions expressed in the preamble to this Act. However, the instruments contained therein serve mainly to regulate trading in agricultural property and to exercise the powers of the state acting with the help of a trustee in the dominium sphere, acquiring the ownership of agricultural land from private entities. It is therefore concluded that the “family holding” defined in the Act does not correspond in its normative form to the constitutional model, and the statutory protection granted to it is only apparent and ineffective.
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Pospíšil, Richard. "Main principles of compensation to breeders with the occurence of Bovine Spongiform Encephalopathy (BSE) in breeding cattle and with regards to their disbursement." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 56, no. 3 (2008): 257–62. http://dx.doi.org/10.11118/actaun200856030257.
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Mad cow disease first appeared in the 80´s of last century and has gradually spread in series to high breeding countries, incurring major breeding and economic loses. In June of 2001, the disease was first doccumented in the Czech Republic and by year end 2006, there were discovered 26 cases. In accordance to the broader conception of the Common agricultural policy od the European Union, whose one pillar is pillar in the protection of agricultural industry, the European Union has paid breeders in particular EU states with financial compensation, which are the boundaries of the EU budget. For this purpose, there was established in the Czech Republic legal assignment for the distribution of this compensation, and this is reflected in act No. 166/1999, veterinary act and act No. 147/2006. Financial compensation will be paid by the Czech Republic´s Minister of finance after the proposed approval by the Minister of Agriculture and the State Veterinary Administration. Submitted work will deal the majority of compensation to breeders with the occurence of BSE in breeding cattle and with regards to their disbursement.
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Pavlíková, Barbara. "LEGAL REGULATION OF TOBACCO AND TOBACCO PRODUCTS IN THE SLOVAK REPUBLIC AND IN THE EUROPEAN UNION." EU agrarian Law 2, no. 2 (December 1, 2013): 44–53. http://dx.doi.org/10.2478/eual-2013-0006.
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Abstract The contribution deals with the Slovak and the EU legal regulation of tobacco and tobacco products. Its primary purpose is to point out the Slovak and European legal acts which constitute the main regulatory instruments in this field using the method of analysis and synthesis. Rules of production, distribution and conditions of use of tobacco and products thereof are in the Slovak Republic contained mainly in two acts - the Act No 335/2011 Coll. on Tobacco Products and the Act No 377/2004 Coll. on the Protection of Non-smokers, as well as in special Decree No 212/2012 Coll., regulating tobacco products. Regulation of excise duty on tobacco products can be found in the Act with the same name - Act No 106/2004 Coll.. Another objective of the paper is also to draw attention to the amendment of Act on Protection of Non-smokers which entered into force on 1 July 2013. The European Union struggles with the negative consequences of smoking at the supranacional level and its institutions - the European Commission, the European Parliament and the Council of the EU - are already for several years adopting legal acts to facilitate uniformity and easier interpretation of European law also in the field of legal regulation of tobacco and tobacco products. The predominant part of the existing legislation deals with the approximation of laws in areas that are closely related to the manufacture, presentation and sale of tobacco products, but also to the collection of taxes from these products.
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Pavlíková, Barbara. "Air Protection in the Slovak Republic in the Light of the EU Legislation." EU agrarian Law 3, no. 1 (July 8, 2014): 10–18. http://dx.doi.org/10.2478/eual-2014-0002.
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Abstract (EN) Environmental protection belongs in accordance with the Article 4 par. 2 letter e) of the Treaty on the Functioning of the European Union between joint powers of the European Union and the Member States. In terms of vertical division of powers, this means that Member States and the Union engage in this field while respecting the principle of subsidiarity and proportionality. The European Union adopts in the field of protection of the single components of the environment mainly framework programs and directives, aimed at defining the general objectives, while the choice of tools to achieve them is usually left to the discretion of Member States. Given that the directive which is the most common act of secondary legislation in this area can be transposed into national law only in the form of generally binding legal act, its objectives at the national level are contained in national laws. Specific conditions are then further laid down by the decree of the responsible department - in the case of environmental protection particularly the Ministry of Environment of the Slovak Republic and the Ministry of Agriculture and Rural Development of the Slovak Republic, in cooperation with other central State administration authorities. The contribution focuses primarily on the legal regulation of one of the components of the environment - air, which is an important factor influencing the quality of life of the population, but the rules defined in this area also have considerable impact on the economy of the country. The work provides a comparison of Slovak legal acts and rules enshrined in primary and secondary EU law, as well as its non-binding acts.
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Mierauskas, Pranas. "Formation and Implementation of Environmental Policy in Lithuania." Public Policy And Administration 18, no. 1 (April 9, 2019): 36–51. http://dx.doi.org/10.5755/j01.ppaa.18.1.23127.
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This article focuses on formation of environmental policy in different periods in Lithuania. The purpose of the article is to analyze main steps of development environmental policy. Some researchers keep opinion that the beginning of environmental policy started in the interwar period. Meanwhile more environmental specialists are following position that in this period had been not founded any specialized environmental institution and the roots of environmental policy cannot be in the interwar years. Actually development of environmental policy started after Second World War in the soviet period when Nature Conservation Act has been adopted and State Nature Protection Committee, and some environmental protection agencies had been founded. The beginning of modern environmental policy started in the beginning of re – establishing of the Independent Republic when Sate Environmental Protection Department has been founded and Environmental Protection Act has been adopted. The adoption of the State Environmental Protection Strategy and the National Environmental Protection Strategy are main current strategic instruments to develop modern environmental policy in Lithuania. DOI: http://dx.doi.org/10.5755/j01.ppaa.18.1.23127
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Peráček, T., F. Vojtech, M. Srebalová, B. Pekár, B. Mikušová-Meričková, and M. Horvat. "Restriction on the re-export of medicinal products and the supervision of compliance with it by public administration bodies." European Pharmaceutical Journal 65, no. 1 (June 1, 2018): 24–30. http://dx.doi.org/10.1515/afpuc-2017-0009.
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Abstract After years of mainly expert discussions (not only in the Slovak legal environment), the concept of and legislation on re-export offer a sort of solution provided for in the Act no. 306/2016 Coll. Said act amends the key legislation in this field, namely the Act no. 362/2011 Coll. on Medicinal Products and Medical Devices and on the amendment of certain acts, as amended (hereinafter referred to as the “Act on Medicinal Products”) and the Act no. 363/2011 Coll. on the Scope and Conditions of Payments for Medicinal Products, Medical Devices and Dietetic Foods from Public Health Insurance and on the amendment of certain acts, as amended (hereinafter referred to as the “Act on Payments”). The topic of the paper belongs in the area of medicinal products and pharmaceutical services, it offers, however, significant overlaps in the area of the constitutional, administrative and European law and is aimed at multidisciplinary research into the issue of the reverse export (re-export) of medicinal products. Besides these laws, also the Constitution of the Slovak Republic (“SR”) and the sources of the European Law have to be taken into account in relation to the subject in question. The main aim of legislation in this area of law was restriction on the re-export of selected products and protection of patients from adverse impacts of such business activity. The aim of the paper is the authors’ effort to analyse the issue of the re-export of medicinal products within the context of the adopted Act no. 306/2016 Coll., whose legislative solution is inevitable for the protection of life and health of the population of the Slovak Republic.
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Abelson, Philip H. "Uncertainties About Crop Protection." Weed Technology 11, no. 3 (September 1997): 629–32. http://dx.doi.org/10.1017/s0890037x00045553.
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My remarks today will be largely devoted to assessing some of the effects of the Food Quality Protection Act of 1996. As introduced, the act had wide support among grower groups, the food industry, and the pesticide industry. Voting on the bill was unanimous in both House and Senate, and action was completed in 1 wk. The legislation was signed by the President on August 3, 1996. President Clinton wanted to be seen as a strong advocate of children's health. The Republican Congress wanted to show that it was pro-environment.
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Ntlama, Nomthandazo. "A Brief Overview of the Civil Union Ac." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 13, no. 1 (June 14, 2017): 190. http://dx.doi.org/10.17159/1727-3781/2010/v13i1a2632.
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The adoption of the Constitution of the Republic of South Africa, 1996 (the Constitution) has provided a sound framework for the elimination of discrimination and prejudice against all members of our society. The Constitution provides for equal recognition of the right to freedom of religion and sexual orientation within the framework of the right to equality. This note aims to provide a brief overview and analysis of the general and potentially problematic features of the Civil Union Act 17 of 2006 (the Act) in the context of equality, generally and within realm of the constitutional protection afforded to everyone in South Africa. This contribution is limited to an examination of the quality of the legal protection accorded to same-sex couples as envisaged in the Act, and not to an analysis of the nature of the institution of marriage itself or the theological and social dimensions of same-sex marriages.
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Bagheri, Parviz, and Kamal Halili Hassan. "Data Privacy in Electronic Commerce: Analysing Legal Provisions in Iran." Journal of Politics and Law 9, no. 7 (August 30, 2016): 133. http://dx.doi.org/10.5539/jpl.v9n7p133.
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This article discusses the legal protection of data privacy in electronic commerce in Iran. Currently, there is a gap in respect of data privacy protection in Iran as there is no specific privacy legislation in force. Consequently, e-consumers dealing in internet commerce are less protected. However there are rules and regulations in the laws in Iran such as the Islamic Republic (IR) of Iran Constitution, Computer Crimes Act, Penal Code, and Civil Liability Act which relate to privacy in general, although not directly related to data privacy in e-commerce. The Electronic Commerce Law (ECL) is the main legislation in Iran which contains some provisions on personal data privacy. This article discusses the relevant provisions in the ECL pertaining to data messages and privacy and interprets its various meanings to determine whether they are in line with well established principles found in good data privacy protection measures.
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Florczak-Wątor, Monika. "Protection of the Weaker Party to a Property Development Contract under Polish Law. Implementation of the Model of the State’s Protective Duties in Practice." Teisė 110 (February 20, 2019): 147–57. http://dx.doi.org/10.15388/teise.2019.110.9.
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[full article and abstract in English] This study examines the mechanism of the protection of customers of property developers that was introduced into Polish legal system by the Property Development Act adopted on 16 September 2011. Those customers are the weaker party to a property development contract that should be protected by the State. The article presents the very concept of the Polish property development contract, its substance and legal forms as well as its practical aspects. This issue of the protection of customers of property developers is of a great importance not only in Poland but also in other European countries that have experienced a boom in the real estate market in the last decade. The article discusses also the issue of the compatibility of the Property Development Act with the model of the State’s protective obligations in horizontal relations that has been established under the Constitution of the Republic of Poland of 2 April 1997. The paper concludes by presenting some postulates of amendments to the Property Development Act submitted by consumer organizations, industry representatives and entrepreneurs as well as a very comprehensive draft of the amendment presented in May 2018 by the President of the Office of Competition and Consumer Protection. This draft is currently at the stage of inter-ministerial consultations and it is difficult to foresee whether the new solutions will be adopted by Parliament in such a form.
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Zendeli, Emine. "Methods of Protection of the Property Right in the Legal System of Republic of North Macedonia." SEEU Review 14, no. 2 (December 1, 2019): 135–49. http://dx.doi.org/10.2478/seeur-2019-0024.
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AbstractThe article aims to analyze the legal norms that regulate the protection of the property right in the legal system of the Republic of Macedonia. In most cases, the protection of property right is realized through suits; however, our legal system provides for the possibility that the protection of property right can also be realized through the registration of immovable property rights in the respective Public Registries.Given the fact that in the Republic of North Macedonia the normative regulation of property suits is not contained in a single normative act, but rather extends to several such acts, the article, based on the practice of the high courts, seeks to analyze the legal cases related to property rights that qualify as rights similar to property rights, but which enjoy legal protection provided by law.The article will mainly elaborate on the basic provisions on property protection suits contained in the Law on Ownership and other Real Rights (2001). However, in this context, the provisions on property protection that are contained in the Law on Real Estate Cadastre (2008), the Law on Contentious Procedure (2005), the Law on Securing of Claims (2007), the Law on Construction Land (2008), etc., will also be taken into consideration.
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Tibaka, Leli, and Rosdian Rosdian. "The Protection of Human Rights in Indonesian Constitutional Law after the Amendment of the 1945 Constitution of the Republic of Indonesia." FIAT JUSTISIA:Jurnal Ilmu Hukum 11, no. 3 (February 28, 2018): 266. http://dx.doi.org/10.25041/fiatjustisia.v11no3.1141.
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The amendment to the 1945 Constitution of the Republic of Indonesia has shown progress in respecting, protecting and fulfilling human rights in Indonesia. It is proven from the advanced provisions that have set the human rights material, starting from the affirmation of fundamental rights, individual rights, social rights, solidarity rights, and even the assertion of rights included in the category of not-derogable rights in the Second Amendment to the 1945 Constitution. The urgency of the Constitution 1945 as written constitution due to its status as the ultimate instrument to determine a norm (law), action or government policy, so it will not violate human rights and constitutional rights of the citizens. Thus, the Constitution is an important instrument in term of guaranty and ensuring that human rights within the Republic of Indonesia are protected, even though the source of human rights is not actually derived from the State but naturally originated from natural law, whether its universal validity is either affirmed or not in the Constitution. It shows progress in the level of regulation and protection of human rights in Indonesia.Related to the guarantee of the protection of human rights, one of the important material of the 1945 Constitution of the Republic of Indonesia is the presence of a new judicial institution called the Constitutional Court, in addition to the Supreme Court. The existence of the Constitutional Court in Indonesia is an improvement in maintaining and upholding the Constitution and protecting human rights. Hence, the Constitutional Court referred to as “the Protector of Human Rights.” Protection of human rights is carried out through the exercise of authority as defined in Article 24C Paragraph (1) of the 1945 Constitution which is to review an Act against the Constitution, to judge on authority disputes of state institutions whose authorities are granted by the Constitution, to judge on the dissolution of a political party, and to judge on disputes regarding the result of a general election. Also, Article 24C Paragraph (2) obliges the Constitutional Court to render a judgment on the petition of the People’s Representative Council regarding an alleged violation by the President and the Vice President according to the Constitution. Keywords: Human Rights, Constitutional Law, Amendment to the Constitution.
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Marcinkowski, Bartosz. "OCHRONA DANYCH OSOBOWYCH W IRLANDII." Zeszyty Prawnicze 8, no. 2 (June 25, 2017): 243. http://dx.doi.org/10.21697/zp.2008.8.2.11.
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Personal Data Protection in IrelandSummaryThe article is a short review of the personal data protection system in the Republic of Ireland. The review is made in the light of the Polish Data Protection Act of 1997 and Directive 95/46/EC (sections I and II).The introductory parts (sections I and II) include general remarks on the increasing importance and value of privacy and personal data. This increase results, among other things, from rapid development of the Internet and modern data processing and mining measures.Subsequently, in section III, the author discusses the constitutional environment of privacy and personal data protection rules in Ireland, as well as the role of court precedents and Directive 95/46/EC in this respect.Next part of the article (section IV) is dedicated to practical data protection issues identified and discussed by Irish authors, including specific exposures as well as differences between definitions in the Irish Data Protection Acts 1988-2003 and the UK Data Protection Act 1998, and influence of the latter (UK) Act on the Irish Data Protection Commissionaire’s decisionmaking process.Further comments (section V) focus on Data Protection Commissionaire’s rights and obligations (including in particular comments on the Data Protection Commissionaire’s free and friendly consultancy policy).The conclusion (section VI) briefly and synthetically summarizes similarities and differences between Irish and Polish personal data protection rules and practices, stressing issues requiring the European-wide common approach (e.g. in the fields of basic definitions or CCTV legal issues).Finally, the author observes that Polish authors’ reflections on personal data protection and the Polish practice are not inferior to the Irish ones even though Irish regulations have been in place for 10 years longer than the Polish ones.
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Łukańko, Bernard. "Tajemnica duszpasterska. Analiza na przykładzie rozwiązań odnoszących się do Kościoła Ewangelicko-Reformowanego w RP." Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 29 (2020): 350–66. http://dx.doi.org/10.15584/znurprawo.2020.29.24.
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The study presents and analyses solutions in common law relating to the protection of pastoral secrecy, and more precisely the secrecy of pastoral conversation in the Evangelical Reformed Church in the Republic of Poland, which stems from the Swiss branch of Reformation and which has a tradition of 450 years in Poland. The analysis covers the institution of pastoral secrecy as compared to the institution of the seal of confession which is clearly protected under the provision of the Code of Criminal Procedure, the Code of Civil Procedure, the Code of Administrative Procedure, the Tax Ordinance Act and the Supreme Audit Office Act. Furthermore, the study features a presentation of internal regulations of the Evangelical Reformed Church concerning pastoral secrecy and an analysis of the case law of Polish and German courts applicable to the protection of that type of secrecy.
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Mamazhonova, Intizor Turdimatovna. "FEATURES OF THE PERFORMANCE OF NOTARIAL ACTS IN INTERNATIONAL CIRCULATION." CURRENT RESEARCH JOURNAL OF HISTORY 02, no. 05 (May 20, 2021): 9–13. http://dx.doi.org/10.37547/history-crjh-02-05-03.
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Among the law enforcement agencies of our country, the state notary is of great importance. Notarial actions effectively ensure the protection and protection of indisputable rights and interests in the event that these actions are performed in accordance with the rules established in advance by law. Documents drawn up abroad with the participation of officials of the competent authorities of other states or outgoing from them are accepted by a notary, subject to their legalization by the body of the Ministry of Foreign Affairs of the Republic of Uzbekistan. Without legalization, such documents are accepted by the notary in cases where it is provided for by the legislation and international treaties of the Republic of Uzbekistan.
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Bacanovic, Oliver. "Legal protection of victims under criminal law in the Republic of Macedonia." Temida 11, no. 1 (2008): 25–46. http://dx.doi.org/10.2298/tem0801025b.
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The author tried to outline the status of crime victims in Macedonian criminal and juvenile legislation by analyzing three legal texts referring to legal protection of victims under criminal law in the Republic of Macedonia (the Criminal Code, the Law on Criminal Procedure Act and the Law on Juvenile Justice). The basic questions which have been analyzed from the criminal substantial aspect include: the rights and interests of the victims as a consistent part of contemporary criminal policy and Criminal Code reforms, the elements of diversion model based on concept of restorative justice in criminal legislation and victimology aspects of some significant novelties in the special part of criminal law. In this article two dimensions dealing with a change of status of damaged person in criminal procedure of the Republic of Macedonia have been analyzed, while taking into consideration new trends and comparative experiences in this field. One dimension is the role of the damaged person and incorporation of elements of restorative justice in the criminal procedure, while the other dimension includes help and support of the victims and prevention of their secondary victimization. While analyzing suitable provisions of the Law on Juvenile Justice, the author focuses on its solutions that deserve more attention because of its innovations. The consequent realization of the concept on which this law is based on, and in which the victim, at the same time, has a significant role is another confirmation of the rule that the changes of juvenile legislation creates good basis for future reforms of criminal legislation regarding the adult offenders.
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Jacobs, Wenette, Philip N. Stoop, and René Van Niekerk. "Fundamental Consumer Rights Under the Consumer Protection Act 68 of 2008: A Critical Overview and Analysis." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 13, no. 3 (June 19, 2017): 301. http://dx.doi.org/10.17159/1727-3781/2010/v13i3a2692.
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South Africa was in need of a comprehensive framework of legislation, policies and government authorities to regulate consumer-supplier interaction. The Consumer Protection Act 68 of 2008, which was signed by the President of the Republic of South Africa on 29 April 2009 and published in the Government Gazette on 29 April 2009, now provides an extensive framework for consumer protection and aims to develop, enhance and protect the rights of consumers and to eliminate unethical suppliers and improper business practices. Certain areas of the common law regarding consumer rights have been codified by the Act and certain unfair business practices that were previously unregulated are now governed by the Act. The Act has a wide field of application. It applies to every transaction occurring within South Africa for the supply of goods or services or the promotion of goods or services and the goods or services themselves, unless the transaction is exempted from the application of the Act. The Act also specifically regulates aspects of franchise agreements. In terms of the Act, consumers obtain several new rights and some existing rights are broadened and reinforced. These rights are: the right to equality in the consumer market; privacy; choice; disclosure and information; fair and responsible marketing; fair and honest dealing; fair, just and reasonable terms and conditions; and fair value, good quality and safety. The last right in terms of the Act deals with a supplier's accountability to consumers. The authors critically analyse and discuss these rights. It is clear that the Act is written in favour of the consumer. Various provisions of the Act make inroads into the common-law position to strengthen the position of the consumer vis-à-vis the supplier and suppliers are undoubtedly facing an onerous task to prepare to comply, and eventually attempt to comply, with the Act. Although the Act has its own interpretation clause, which provides that it must be interpreted in a manner that gives effect to the purposes of the Act, the Act poses many uncertainties and interpretational and practical challenges. Many questions are therefore raised, some of which remain unanswered. These questions illustrate some of the uncertainties concerning the scope and possible interpretation of the fundamental consumer rights.
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Sankara, Jomo, Deborah L. Lindberg, and Khalid A. Razaki. "Conflict Minerals Disclosures: Reporting Requirements and Implications for Auditing." Current Issues in Auditing 10, no. 1 (October 1, 2015): A1—A23. http://dx.doi.org/10.2308/ciia-51312.
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SUMMARY Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act) created a reporting requirement for publicly traded companies that manufacture products using “conflict minerals” from the Democratic Republic of the Congo (DRC) or adjoining countries. Under certain circumstances, companies must file a Conflict Minerals Report (CMR) in addition to a Specialized Disclosure Report (Form SD). Companies that claim their products are free of conflict minerals from the DRC must have an audit of their CMR. We investigate the extent to which companies have complied with the new disclosure requirements as well as the current and future auditing implications.
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Sipayung, Iskandar Muda, Tan Kamello, Marlina Marlina, and Arie Kartika. "Perjanjian Jaminan Fidusia Kaitan dengan Penyidikan Tindak Pidana Perlindungan Konsumen." ARBITER: Jurnal Ilmiah Magister Hukum 1, no. 2 (October 2, 2019): 157–66. http://dx.doi.org/10.31289/arbiter.v1i2.118.
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This research is normative legal research, an explanatory descriptive nature that aims to describe, disclose and explain the relationship between the non-criminal investigation of consumer protection with consumer guarantee agreements. The analysis is carried out using a juridical approach method which is then synchronized vertically or horizontally to related laws to see the existence of harmonization and certainty in the existing legal system. To further sharpen the results of the study also carried out an analysis of the effectiveness of the case. The results of the study provide an illustration that the Fiduciary Security Act has a problem in Article 15 regarding the provisions of the procedure for execution that is contrary to the HIR / RBg. Likewise, between Article 54 paragraph (3) and Article 56 paragraph (2) of the Consumer Protection Act, an inconsistency occurs in its application and implementation. With respect to agreements containing standard clauses, business actors and / or their management can be criminalized, in accordance with Article 18 in conjunction with Article 62 of the Consumer Protection Act. It is recommended that the Government and the House of Representatives of the Republic of Indonesia be able to revise these articles in order to realize legal certainty for all parties.
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Masuta, Dieu-Merci Ngusu. "La justiciabilité de la Constitution en droit congolais. Note d’observation sous Cour constitutionnelle (RDC), Matière d’appréciation de la conformité à la Constitution, R. Const. 0038, 28 Août 2015." Recht in Afrika 24, no. 1 (2021): 96–108. http://dx.doi.org/10.5771/2363-6270-2021-1-96.
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The jurisdictional protection of the Constitution is designed to guaranty the affectivity of the legal state in the Democratic Republic of the Congo. The fulfillment of this requirement has passed through the establishment of the constitutional Court which received from the Constitution the main competence of knowing the requests related to the conformity of the public authorities’ acts to the Constitution. This paper has tried to determine the effective sweep of this protection by making a criticism-analysis of its juridical base with regard to the judgment of the constitutional Court delivered under R. Const. 0038. By this judgment, the constitutional Court extended its competence to the act that normally should not be submitted to its appreciation. This extension was justified by the need of protecting the human rights and the public liberties furthered in the Constitution. However, it is important to insert in the Constitution this new competence in order to protect the constitutional principles as well as the human rights and the public liberties.
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Suryaningtyas, Agustina. "Role Of The Center For Abandonment Of Property Law To Safeguard Assets Subsidiaries Who Still Under Age." Jurnal Daulat Hukum 1, no. 2 (June 15, 2018): 439. http://dx.doi.org/10.30659/jdh.v1i2.3288.
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For those who are not competent to act in a legal act such as minors and people who are in wardship, in legal actions both in and out of court must be represented by a person appointed by the trial judge, that is able to parent, guardian or sycophants. Duties as guardian or caretaker are very spacious and are at risk for problems associated with wealth, so that the necessary role of an institution or agency in charge of overseeing the implementation of trusteeship and guardianship. Parents, family and society are responsible for protecting and maintaining human rights in conformity with the obligations imposed by law. Similarly, in view of the protection of children, the state and the government is responsible for providing facilities and accessibility for children, especially in ensuring optimal growth and development and focused. Heritage Hall is one of the Technical Unit within the Ministry of Justice and Human Rights of the Republic of Indonesia has the duty and obligation to protect human rights. Especially in the field of personal right person for Judge's decision can not run their own interests by the legislation in force. Ranking Universal Heritage as guardian watchdog is still needed, and it is possible to apply to all Indonesian citizens, thus Orphan peningalan can act in the national interest to provide legal protection for children who are under guardianship committed by Indonesian.Keywords: Heritage Office; Minors; Guardianship.
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Banić, Milena. "Criminal protection of endangered wild plant and animal species: Challenges of legal practice." Strani pravni zivot, no. 1 (2021): 63–78. http://dx.doi.org/10.5937/spz65-30636.
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With a growing environmental degradation and the destruction of natural resources, it is increasingly recognized that criminal law protection is needed as the most repressive measure to protect the environment. This paper considers the criminal law protection of biodiversity in the Republic of Serbia, Republic of Croatia, Montenegro and Bosnia and Herzegovina, with an emphasis on the protection of wild plant and animal species that are particularly vulnerable to overexploitation, including strictly protected and protected wild species and forest ecosystems. The analysis covers various criminal offenses against biodiversity in the context of protection of wild plant and animal species, and discusses the effects of the implementation of relevant regulations. Comparative statistics on criminal charges, as well as accusations and convictions for these crimes in the last decade, indicate a worryingly mild penal policy and a lack of capacity of professionals to act in environmental criminal proceedings. Although statistics indicate that there has been an increase in the reporting of environmental crimes, the number of reported cases remains at a worryingly low level. A large number of criminal charges are rejected, and when criminal proceedings are initiated and conducted, mild criminal penalties are imposed, most often suspended sentences or fines. All this indicates that increasing the knowledge and capacity of professionals is needed in order to improve efficiency of criminal protection against the environment and biodiversity in practice.
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Koukal, Pavel. "Collective Administration of Graphical User Interfaces (GUI) in the Light of the BSA Decision." Masaryk University Journal of Law and Technology 10, no. 2 (September 18, 2016): 128–47. http://dx.doi.org/10.5817/mujlt2016-2-1.
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In this paper the author addresses the issue of collective administration of graphical user interfaces according to the impact of the CJEU decision in BSA v. Ministry of Culture on the case-law in one of EU Member states (Czech Republic). The author analyses the decision of the Czech Supreme Court where this Court concluded that visitors of Internet cafés use graphical user interface actively, which represents relevant usage of a copyrighted works within the meaning of Art. 18 the Czech Copyright Act. In this paper, attention is first paid to the definition of graphical user interface, its brief history and possible regimes of intellectual property protection. Subsequently, the author focuses on copyright protection of graphical user interfaces in the Czech law and interprets the BSA decision from the perspective of collective administration of copyright. Although the graphical user interfaces are independent objects of the copyright protection, if they are used while running the computer program the legal regulation of computer programs has priority. Based on conclusions reached by the Supreme Administrative Court of the Czech Republic in the BSA case, the author claims that collective administration of graphical user interfaces is neither reasonable nor effective.
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Gegout, Catherine, and Shogo Suzuki. "China, Responsibility to Protect, and the Case of Syria." Global Governance: A Review of Multilateralism and International Organizations 26, no. 3 (September 17, 2020): 379–402. http://dx.doi.org/10.1163/19426720-02603002.
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Abstract Will the rise of China, an authoritarian, party-state with a poor record of protecting its citizens’ human rights, undermine humanitarian intervention? This question has been particularly pertinent since China’s “assertive turn” in foreign policy. Drawing on the case of Chinese reactions to the humanitarian crisis in Syria, this article argues that China’s attitude toward humanitarian intervention remains ambiguous and contradictory. While China has at times prevented the UN Security Council from threatening sanctions on Syria, it has not necessarily denied that a humanitarian crisis exists. The article shows that the People’s Republic of China is beginning to act more as a norm maker than norm taker, and is offering its own vision of humanitarian intervention, coined as “responsible protection.”
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Simbre, Abegail P., Ingrid A. Palad, and Catherine A. Salazar. "How Protected are Teachers and School Personnel?: Critical Analysis of The Teacher Protection Act (Senate Bill 956)." International Journal of Social Learning (IJSL) 1, no. 3 (August 4, 2021): 333–55. http://dx.doi.org/10.47134/ijsl.v1i3.36.
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The contents of the Senate Bill 956, better known as the Teachers' Protection Policy Act was examined and analyzed based on the following themes, namely, support mechanisms for public school teachers and personnel, enhanced protection of public-school teachers and personnel, and training on guidelines and classroom discipline for public school teachers and personnel. According to the Republic Act, 4670 or the Magna Carta for Public School Teachers, the appropriateness of the act was checked to see how much help this bill can provide to the public-school teachers in the Philippines in terms of classroom discipline and classroom management. The bill poses excellent benefits to the public-school teachers. However, the Department of Education must identify which disciplinary acts or strategies are not categorized as child abuse and that there should be centralized policy implementations, seminars, and training to avoid misinterpretations and discipline avoidance among teachers. This paper hopes to contribute to a research-based, logical, and relevant drafting of HR policies and programs to support and protect the teachers as mandated in the Magna Carta for Public School teachers and SB 956. This study employed a qualitative method using resources available online.
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Arpangi, Arpangi. "LEGAL PROTECTION ON INDONESIAN LABOR IN ABROAD." International Journal of Law Reconstruction 2, no. 1 (July 16, 2018): 53. http://dx.doi.org/10.26532/ijlr.v2i1.2977.
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The number of cases of migrant workers abroad need to establish protection which is able to overcome the problems or issues that have so far linked with the placement and protection of migrant workers, both before leaving for work and after returning to Indonesia. As stipulated in the Act no. 39 2004 Article 6 that the government is responsible for enhancing the protection of migrant workers abroad, so here takes an active role from the government on how to protect workers without pressure from other parties. In order to protect workers, it is also require the participation of various parties, such as the family of migrant workers, labor organizations, and other parties that exist. In order to provide protection to workers, it is not only the duty of the minister of labor alone, but also the duty of the foreign minister. This is in accordance with the wording of Article 19 (b) of Law No. 37 of 1999 on Foreign Relations, which is representative of the Republic of Indonesia is obliged to provide care, protection and legal aid to citizens and legal entities abroad Indonesia in accordance with national legislation and international law and practice.
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Romić, Danijela, Božidar Horvat, and Željka Vajda Halak. "Neusklađenost posebnih postupovnihodredbi u postupcima izvlaštenja sa Zakonom o općem upravnom postupku." Zbornik radova Pravnog fakulteta u Splitu 54, no. 4 (November 7, 2017): 903–20. http://dx.doi.org/10.31141/zrpfs.2017.54.126.903.
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The principle of consistency and principle of legitimate expectations of citizens are the basis for the treatment of administrative bodies of any national or supranational level. The purpose of this principle is that the administrative bodies, by applying the usual and publicly announced procedure, treat citizens in the same way. Harmonized and systematic procedures guarantee the legal security, certainty and protection of legitimate expectations of citizens. The Republic of Croatia adopted in 2009 a completely new procedural act precisely with the intent to ensure the application of these principles. However, the question is how far the provisions are in line with the general procedural regulation in the law-making process (following the adoption of a new General Administrative procedure Act). This paper analyse the procedural provisions of the Expropriation and Determining of Compensation Act (passed in 2014), and points to the unnecessary number of procedural provisions that are often incompatible with, or they are completely contrary to the General Administrative procedure Act.
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Bílek, Stanislav, Zdeněk Caha, and Vendula Velková. "The state’s responsibility towards entrepreneurs in the Czech Republic for the measures adopted in relation to the epidemic of coronavirus." SHS Web of Conferences 91 (2021): 01037. http://dx.doi.org/10.1051/shsconf/20219101037.
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This paper briefly analyses the legislation of the state’s liability for the measures adopted in relation to the epidemic of coronavirus in the period of the state of emergency, it especially deals with the state’s liability for damage accrued upon entrepreneurs in a casual relation to the restriction of the right to engage in enterprise. The aim of the paper is to carry out a legal analysis of liability for damage according to the Crisis Act on one hand, and of liability for damage caused by the terminated measures of the state according to the Act referring to the protection of public health, on the other hand. The paper provides a practical guideline for claiming damages and draws attention to the limits of such claims.
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Yoon, Yonghee. "The Impacts and Implications of CERCLA on the Soil Environmental Conservation Act of the Republic of Korea." Transnational Environmental Law 6, no. 1 (November 25, 2015): 11–29. http://dx.doi.org/10.1017/s2047102515000266.
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AbstractThis article explores the development and enforcement of the Republic of Korea’s Soil Environmental Conservation Act (SECA). It argues that, although Korea has adopted the statutory model of the United States (US) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and US case law, it has formulated SECA to devise a Korean model of an effective and reasonable liability scheme based on the Korean regulatory context. The original SECA, especially its retroactive liability provision, was declared unconstitutional by the Constitutional Court of Korea, because it violated ‘the principle of legitimate expectations protection’. Since then, SECA has been amended to include more diverse categories of polluter and to provide more adequate defences. The development process of this Korean model can be instructive for less developed countries that urgently need to address soil pollution but are not yet equipped with the necessary environmental statutes and regulatory infrastructure and, thus, are vulnerable to environmental risks.
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Çeloaliaj, Merisa. "GENERAL REGULATION ON PERSONAL DATA PROTECTION. CERTAIN ASPECTS OF THE GDPR'S IMPACT ON LEGAL ENTITIES IN THE REPUBLIC OF ALBANIA." Knowledge International Journal 34, no. 5 (October 4, 2019): 1487–90. http://dx.doi.org/10.35120/kij34051487m.
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Actuality, recent, has made us witnesses of rapid technological developments, as part of the globalization process, which inevitably affect to our lives.Technological developments facilitate our day-to-day life starting from the most common aspects and advancing at the speed of light to more complex processes that the human mind would not have been able to solve in the same space of time and with the same resources utilized. Free movement, downloading different apps on our smartphones, shopping online or the registering on social networks are just some of the activities that each of us performs daily, often without being aware of what brings these activities together is actually an action, which is legally called "processing of personal data of the individual".Often with the help of technology, private companies and public authorities collect personal information from clients, services receivers or ordinary citizens and they use it to an unprecedented extent in the pursuit of their activities and goals. The protection of personal data of individuals is in fact a fundamental right, which is sanctioned by a legislation of particular importance in international and domestic law.Even in the Albanian legal order, the right to protection of personal data is sanctioned by a specific legal corpus. In the context of the particular importance of the sensitivity that personal data bears, the European Union has adopted the GDPR, an improved act that reinforces the level of protection of the individual against bureaucracy and rapid technological developments.This modest paper focuses on the impact of this regulation in Albania on public and private legal entities that collect and process personal data.How will the GDPR affect, as an act focusing on respect for private and family life, housing and communications, personal data protection, free thought, conscience and religion, freedom of expression and information, freedom to perform business, the right to effective protection and fair trial in terms of cultural, religious and linguistic diversity, decision-making and activity of various entities in the Republic of Albania?The structure of this paper includes in the introductory section a brief history of the relevant legal acts, goes on to explain some specific terms and addresses important aspects of the impact on legal entities of the latest European Union regulation in the field of protection of personal data.
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Piech, Karolina. "Legalność religijnego uboju zwierząt w polskim porządku prawnym na tle norm prawa unijnego." Przegląd europejski 1 (October 5, 2019): 117–31. http://dx.doi.org/10.5604/01.3001.0013.5177.
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The article raises the issue of the constitutionality of the ritual slaughter in the Polish legal system. The author compared together the issue of freedom of religion and the legal protection of animals in the Republic of Poland. The first of the issues is the rule of freedom of conscience and religion in national law and EU law. Next, the author presented some of the regulations introduced by the act on protection of animals of 1997 and the position of the Polish Constitutional Court, and compares them with the legal norms of the European Union. An article was ended by remarks called as de lege ferenda; the author pays attention on the problems of commercial ritual slaughter and inconsistency of Polish law with the EU law.
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Pejak-Prokeš, Olivera. "Family violence." Glasnik Advokatske komore Vojvodine 78, no. 9 (2006): 46–58. http://dx.doi.org/10.5937/gakv0602046p.
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The new Family Act of the Republic of Serbia establishes normative system in the field of family law matters, which is compatible to the contemporary European laws and practice. Family violence is for the first time legally regulated in the field of Serbian civil law. This paper intends to demonstrate different forms of family violence, its range, as well as legal solutions established in order to define the problem and rules of procedure for adopting safeguard measures against the family violence. The court practice in the matters of protection against violence is still being developed. The Family Act establishes specialized court panels for these kinds of legal matters. Judges are required to obtain special knowledge in the field of children's rights, while the lay judges are supposed to be persons who gained experience by working with children and young people. In order to provide the victims of the family violence with the appropriate court protection, it is necessary to establish coordinated action and cooperation between courts, police, prosecution, court for minor offences social service, health institutions, educational centers and non-governmental organizations.
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Bielska-Brodziak, Agnieszka, Marlena Drapalska-Grochowicz, and Marek Suska. "Historia zawiedzionych nadziei. O zakazie chowu zwierząt na futra." Zoophilologica, no. 6 (December 30, 2020): 437–64. http://dx.doi.org/10.31261/zoophilologica.2020.06.28.
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The deputy’s draft bill amendment about the Animal Protection Act submitted to the Marshal of the Sejm in November 2017 was one of the most ambitious attempts in the Third Republic of Poland to improve the legal protection of animals. The loudest proposal in the project was to prohibit the rearing and breeding of animals for the purpose of obtaining fur from them. In the article, the Authors reflect on the reasons for the political failure of this project. In the conditions of such strong centralization of political power, was the resistance from big business really decisive? What political conditions would have to be met for such far-reaching socio-economic changes motivated by public morality and environmental protection? Why this issue aroused so many contradictory emotions in political discourse? What is more important: economic profits based on cruelty to animals or life of sentient, autonomous beings?
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Korzeniowski, L. F., Ye Lytvynovskyi, and L. Vinnikova. "STATE CONTROL OF SECURITY EDUCATION IN THE REPUBLIC OF POLAND." Collected Scientific Papers of the Institute of Public Administration in the Sphere of Civil Protection 7 (December 22, 2019): 87–105. http://dx.doi.org/10.35577/iducz.2019.07.08.
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Civil security is a newly formed field of education in Ukraine that was preceded by civil defense and civil protection fields. Nowadays, the sphere of population protection from emergencies in Ukraine is one of the most non-identified spheres in its categorical apparatus.
The mentioned above and the necessity to examine civil protection’s condition in order to develop a new strategy in the shortest period of time, including training specialists in this field, initiated the necessity to find the best practices.
The process of rapprochement with the European Union countries demands research on the state control experience of the neighboring countries. The last research has stopped on the Polish experience.
Studying the Republic of Poland’s state control experience in training specialists for the security sector was not the subject of the previous research.
The aim of the article is to represent the current condition of the state control of education in the security sector of the Republic of Poland through the professional qualifications occurrence and educational standards development.
It is initial to be acquainted with the peculiarities of the system, regulatory enactments that control its work in order to analyze the state of training specialists for a certain system. In Poland such specificity is recognized by the two management in emergency situations state systems such as Population Protection and Crisis Management.
All legislation and regulations mentioned in the article are the bases of the state regulatory policy in the sphere of training specialists for the security sector. Moreover, the state regulation occurs through the process of professional qualifications recognition. As for organization of specialists training for the security sector, it should be mentioned that the basic regulatory act is the higher education standard.
It is worth noting that in Poland, at the University level, the specialization ‘Security Management’ at the Faculty of Management and Marketing, ‘Security Administration’ at the Faculty of Administration and ‘European Security’ at the Faculty of European Studies has occasionally appeared since 2003.
And only in 2006 the Minister of Science and Higher Education introduced the new directions of education development and later, the new standards which allowed State Higher Educational Establishments to train specialists at the faculties of the first and second education levels in such specialties as National Security, Internal Security, Safety (Security) Engineering and Emergency Medical Service (Care).
In addition, since 2011 the new Higher Education National Qualification Framework has been introduced with the demand to the academic results (knowledge, skills, social competence) for general academic specialization and for practical specialization in the fields of education, and in regard to security, in the field of humane sciences. The context of these educational standards is analyzed in the article.
Taking everything into consideration, we can arrive at the conclusion that similar to Ukraine there is an open status issue on discrepancy between the requirements of the job market and the number of specialists trained for the security sector. The arrangement of the number of educational establishments that train specialists in the sphere of civil protection and the estimation of the job market needs in their services would be rewarding for Ukraine to gain from Poland’s experience.
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Büchner-Eveleigh, Mariana, and Annelize Nienaber. "Gesondheidsorg vir Kinders: Voldoen Suid-Afrikaanse Wetgewing Aan die Land se Verpligtinge Ingevolge die Konvensie Oor die Regte van die Kind en die Grondwet?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 1 (May 22, 2017): 102. http://dx.doi.org/10.17159/1727-3781/2012/v15i1a2459.
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Included in the Convention on the Rights of the Child, 1989 (UN Children's Convention) is the right of children to the highest attainable standard of health. In terms of article 4 of the UN Children's Convention, in implementing the UN Children's Convention state parties must "undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognised in the present Convention". South Africa showed its commitment to protecting and promoting children's health when it ratified the UN Children's Convention and subsequently adopted the Constitution of the Republic of South Africa, 1996, which includes provisions guaranteeing the health rights of children. South Africa also showed commitment to giving legislative effect to the protection and promotion of children's health by promulgating the National Health Act 61 of 2003, the Children's Act 38 of 2005 and the Mental Health Care Act 17 of 2002. The article evaluates existing policy and legislation affecting child health in order to assess how well South African legislation addresses the issue of children's healthcare rights and whether or not it complies with its international law and constitutional obligations in this regard. The article concludes that although much legislation exists, none provides comprehensively for children's healthcare rights, and there are many gaps in existing legislation. Most importantly, there is no reference to the core minimum requirements for the state in providing for the health of children, particularly in the way of healthcare services and nutrition. Further, there is a complete lack of legislation which protects the health needs of children with disabilities. In order to ensure that the health rights of children are protected and promoted, we propose more comprehensive legislative protection.
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Scheingold, Stuart A., Toska Olson, and Jana Pershing. "Sexual Violence, Victim Advocacy, and Republican Criminology: Washington State's Community Protection Act." Law & Society Review 28, no. 4 (1994): 729. http://dx.doi.org/10.2307/3053993.
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Mielczarek-Mikołajów, Justyna. "Ochrona jednostki w postępowaniu o wywłaszczenie nieruchomości." Opolskie Studia Administracyjno-Prawne 16, no. 1 (3) (September 13, 2019): 127–38. http://dx.doi.org/10.25167/osap.1150.
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The Constitution of the Republic of Poland, in Art. 21, par. 2, permits constitutional expropriation only if this is made for public purposes and with just compensation. It is the highest degree of interference in the ownership of the individual and, therefore, it is important to ensure that the proceedings which are legally carried out implement the basic principles of the administrative procedure and are run in accordance with the provisions of the Act on Real Estate Management. Due to the guarantee of protection of the individual, special attention should be focused on the conditions determining the initiation and conduct of expropriation proceedings in the form of public purpose execution, negotiations to conduct an administrative hearing, determination of “just” compensation, and return of property in cases specified in the Act.
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Brkovic, Radoje, and Mirjana Popovic. "Status nastavnika na fakultetu – neka sporna pitanja." Forum 1, no. 1-2 (December 2019): 3–23. http://dx.doi.org/10.46793/forum19.003b.
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Since the introduction of the fi rst Public Procurement Act in 2002, the public procurement market has accounted for a signifi cant share of total premiums earned by insurance companies. In that sense, the author in this paper presents the impact of the public procurement legal framework on the insurance sector in the light of the most signifi cant innovations contained in the Public Procurement Act, which entered into force on 1 January 2020. Furthermore, the paper emphasizes the importance of adequate preparation of tender documentation and additional conditions for participation in the procurement of insurance services. Finally, the author analyzes the practice of the Republic Commission for the Protection of Rights in Public Procurement Procedures, which reveals the most common mistakes of contracting authorities in compiling additional conditions of fi nancial and business capacity.