bluuebunny/crossref_metadata_2025_split huggingface dataset:
Riešeniu problému nedostatku farárov v platnom kánonickom práve správou farností in solidum
Authors:   Právnická fakulta, Univerzita Komenského v Bratislave, Pétiová Veronika 
Published: April 2024

The Church is increasingly facing the problem of a shortage of priests, and there is the expectation that this problem will grow in the future. In some countries many parishes are already without a priest and this situation needs to be addressed. The current Code of Canon Law offers the possibility of parish administration in a so-called solidarity way. In this paper we would like to analyse the institute of parish administration in solidum, which is found only in the current Code of Canon Law, whereas the previous legislation did not recognise this institute. At the same time, we want to gain insight from the experience of some countries that use this model of parish pastoral care, in contrast to the Slovak dioceses, which only take an exceptional approach to it. It is anticipated that in a couple of decades, due to the need for a shortage of priests, there will be a growing need to address the staffing of parishes in this way as well.
Mediácia pri rozvode
Authors:   Paneurópska vysoká škola práva, Fakulta práva v Bratislave, Drobná Katarína 
Published: April 2024

The aim of the paper is to point out the advantages of mediation and the possibilities of an agreement between spouses as well as a parental agreement, as a result of mediation, which reflects the needs, interests and possibilities of the participants transformed into mutual rights and obligations. Mediation proceedings can facilitate and, in particular, shorten the divorce process itself and pre-set decent conditions for the mutual relations of the participants after the divorce.
Význam zákona č. 350/2022 z.z. v postavení zamestnancov
Authors:   Právnická fakulta Janka Jesenského v Sládkovičove, Poláček Tureková Zlatica 
Published: April 2024

The very meaning of Act No. 350/2022 Coll. lies not only in the fact that this act makes a major amendment to the Labor Code but mainly because this act also introduces new concepts such as paternity leave but also a change in the delivery of parcels, where the standard period of 18 days is reduced to 10 days. The employer may not set a collection period of less than ten days for the consignment. The Act also aligns Slovak legislation with Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU. From the point of view of the legal substance, this law will have significance for the application practice of employers and the very positions of employees. It is questionable how employers deal with a fixed-term employment relationship and the setting of a probationary period, or with the actual delivery, as well as with the father‘s status as an employee on paternity leave.
Koncepcia spravodlivej vojny v sociálno-právnej filozofii
Authors:   Katedra dejín práva Právnickej fakulty Trnavskej univerzity v Trnave, Prudovič Marek 
Published: April 2024

This contribution is focused on a unique issue, which is the theory of just war, the gradual forming of which will be approached through an excursion of the opinions of four important theorists who historically shaped this theory. We also focused on questions that touch on the requirements for a morally justified war, considering the three-category structure of ius ad bellum, ius in bello and ius post bellum. As a result, we find out that just war might have several meanings throughout history, but the aim, to justify wars led by one’s state, remains the same. Moreover, the true importance of a just war lies rather in limitation of damages caused by war through some basic requirements on how to lead a war, than an actual justification of war itself.
Poistenie zodpovednosti za škodu pri vykonávaní práce v špecifických platformách
Authors:   Právnická fakulta Univerzity Pavla Jozefa Šafárika v Košiciach, Ridzoň Matúš 
Published: April 2024

The paper deals with the issue of liability insurance for damage that arose when performing work in specific platforms. The author offers an overwiev of the presented issue after taking into account the general principles of the phenomenon called the collaborative economy. However, he does not assess the collaborative economy as an isolated phenomenon, but analyzes it in relation to the polemics it creates in legal relations, with a special emphasis on the nature of the liability relationships that arise in connection with it. The correct assessment of the nature of liability relationships arising in connection with the performance of work in specific platforms has a fundamental impact on whether the resulting relationships will be assessed in accordance with the intentions of the Civil Code or the Labour Code, and also on which subjects will be responsible for the damage, to whom they will be responsible and to what extent responsible for the damage caused. The facts in question have a fundamental impact on which subjects are to be insured and for which damage. The paper results into the ideas linked to an inprovement of the legal regulation.
K nicotnosti rozhodnutí orgánu obchodní korporace ve vztahu k rejstříkovému řízení, se zaměřením na vady notářského zápisu
Authors:   University of West Bohemia, Schwarzová Aneta 
Published: April 2024

The contribution is focused on the issue of the nullity of the decision of the body of the business corporation in relation to the registry procedure. The author first defines the concept of nullity in general. It then focuses on the problematic aspects of the positive definition of nullity in relation to the decision of the body of a business corporation. Subsequently, it addresses the question of the assessment of the absolute invalidity and nullity of the decision of the body of the business corporation, from the point of view of the difference in the consequences that result from this assessment for the registration process.
Očkování z pohledu práva
Authors:   Právnická fakulta Univerzity Karlovy, Wagner Filip 
Published: April 2024

Vaccination is one of the basic ways to prevent infectious diseases and their related consequences. The basic purpose of vaccination is to induce an immune response of the organism as a reaction to the encounter with the relevant antigen and possibly other components of the vaccine. In addition to the individual protection of the individual who has undergone vaccination, from the point of view of protection against serious diseases transmitted from person to person, it is desirable to achieve collective protection, which can be achieved through a sufficiently high proportion of vaccinated and immunized individuals in the population. With regard to the necessity of ensuring the protection of public health, and therefore the prevention of the emergence and spread of serious and life-threatening infectious diseases, the entire process of vaccination is regulated by legal regulations, while vaccination against such diseases is regulated as mandatory. The basic legal regulation of vaccination, its types and method of implementation is contained in Act No. 258/2000 Coll., on the protection of public health.
Zmluvná povaha predzmluvnej zodpovednosti za spôsobenú škodu v českom práve?
Authors:   Katedra občianskeho a obchodného práva Právnickej fakulty Trnavskej univerzity v Trnave, Zoričáková Veronika 
Published: April 2024

The paper deals with the nature of pre-contractual liability in Czech civil law based on a recent decision of the Czech Supreme Court. The author considers whether pre-contractual liability should be governed by the rules of contractual or non-contractual liability and presents arguments in favour of the first as well as the second interpretative solution. In the end, the author tries to justify why the regime of contractual liability seems to be a more adequate consequence of the violation of pre-contractual obligations and defines the main consequences associated with the subordination of pre-contractual liability under § 2913 of the Civil Code.
The issue of legal regulation of administrative procedures on the example of foreign countries
Authors: Garifullin M. V. 
Published: April 2024

The article deals with the issue of legal regulation of administrative procedures on the example of foreign countries. The standards of the administrative procedure regarding the adoption of administrative decisions, i.e. decisions of public administration bodies, which concern the rights and obligations of individuals and legal entities, are considered. The content and peculiarities of legal regulation of administrative procedures in foreign countries, the scope and subject of legal regulation through the prism of the legislation of foreign countries on administrative procedures are outlined. Various approaches to determining the scope, content and methods of its legal regulation are analyzed.
Attention is focused on the specifics of managerial activity, which must take effective measures in a timely manner in a wide variety of situations, forming the boundaries and restrictions necessary in the rule of law. The types of entities to which administrative procedures apply have been considered.
The rights and obligations of administrative bodies regarding the preparation and adoption of an administrative decision are defined. Features of appeals by individuals and legal entities, definition of sub-agency category of cases are outlined. The types of decisions made by the administrative body are classified. Emphasis is placed on informing persons whose interests may be affected by an administrative act.
The grounds for removing officials considered biased are outlined. The rights of citizens participating in the administrative procedure are considered separately.
Judicial power in implementing the principle of separation of powers in the budget process of Ukraine
Authors: Yesimov S. S. 
Published: April 2024

The article examines the role of the judiciary in implementing the principle of separation of powers in the budget process of Ukraine in the context of current legislation. The object of the study is a set of social relations that are formed in the field of consolidation and implementation of the constitutional principle of separation of powers in the activities of local state authorities in the budget process. The subject of the study is constitutional and legal norms and norms of budget legislation. The methodological basis was made up of general scientific and special-legal (formal-legal, comparative-legal, systemic and other) methods of cognition. It is noted that the constitutional principle of the separation of powers in the budget process is an interpectoral normative requirement for the activities of representative and local executive bodies, which independently and in cooperation with each other in certain forms and procedures participate in the budget process. In this, judicial authorities are called upon to guarantee, within their competence, the distribution of budgetary powers between representative and local executive bodies. The relationship between the representative and executive bodies of state power in the budget process is shown, which determines the need for systematic support for the implementation of the constitutional principle of separation of powers in the budget process through the formation of the construction of the mechanism for such support.
The design of the mechanism for ensuring the implementation of the constitutional principle of separation of powers in the budget process has three interrelated elements: an organizational and legal element; institutional element; procedural element. Representative bodies and local executive bodies determine consistent implementation of the constitutional principle of separation of powers in the budget process carried out by local authorities. It is indicated that the judicial authorities in the implementation of the constitutional principle of separation of powers in the budget process guarantee and ensure the implementation of this principle in the form of: resolution of legal disputes; judicial control in the field of budgetary relations; independent assessment of law enforcement decisions of local authorities – participants in the budget process.
Subjects of financial monitoring of cryptocurrency circulation in Ukraine and their powers: financial and legal aspect
Authors: Ilchenko M. G. 
Published: April 2024

The article proves the relevance of studying the subjects of financial monitoring of cryptocurrency circulation in Ukraine and their powers. Based on the analysis of scientific developments on the outlined issues, the author substantiates the absence of systematic scientific developments on the outlined issues.
The purpose of the article is to substantiate proposals for clarifying the subjects of financial monitoring of cryptocurrency circulation in Ukraine and their powers.
The author clarifies the classification of subjects of financial monitoring of cryptocurrency circulation. According to the first criterion, «level of financial monitoring», the law distinguishes between subjects of general monitoring (the State Financial Monitoring Service of Ukraine, the Ministry of Digital Transformation, the National Bank of Ukraine, the National Securities and Stock Market Commission) and internal monitoring (banks, insurance and other financial institutions, exchanges and other participants in the virtual asset market, and individuals).
According to the second criterion, «time of conduct», financial monitoring of cryptocurrency circulation is divided into preliminary, current and subsequent, and the subjects of these types of financial monitoring are identified accordingly.
Based on the results of the study, the author suggests that the Law of Ukraine «On Prevention and Counteraction to Legalisation (Laundering) of Proceeds of Crime, Terrorist Financing and Financing of Proliferation of Weapons of Mass Destruction» should be amended to provide for the division of subjects of financial monitoring of cryptocurrency circulation not by types of virtual assets, but by levels of such monitoring (general, internal), and also depending on the time of its conduct (preliminary, current, subsequent). When improving this Law, it is advisable to: define the mechanism for financial monitoring of cryptocurrency circulation, which should cover the entirety of the specified types of virtual assets; specify the powers of the subjects of each type of financial monitoring.
The author concludes that, taking into account the novelties of legislation and the author’s own proposals, it is advisable to include a separate set of such entities as subjects of financial monitoring of cryptocurrency circulation in Ukraine, which is the scientific novelty of this study. At the same time, as a direction for further research, it is necessary to note the development of a model for financial monitoring of cryptocurrency circulation, taking into account important developments of the European experience in this context.
General secondary education in Bulgaria: administrative law aspects
Authors: Lamza D. V. 
Published: April 2024

In the article, the author analyses the system of general secondary education in the Republic of Bulgaria from the perspective of administrative law and also examines the regulatory framework for education in this country with a view to identifying the specific features of school education which determine its efficiency and quality.
The fundamental rights of Bulgarian citizens to education are enshrined in the Constitution of the Republic of Bulgaria. Education in Bulgaria is a national priority, and therefore educational policy is formed and implemented on the following principles: a unified state educational policy to ensure the right to preschool and school education; focus on the interest and motivation of the child and pupil, on age and social changes in life, as well as on the ability to apply the acquired competences in practice.
Having analysed the fundamental law of the Republic of Bulgaria “On Preschool and School Education”, the author notes that it is supplemented by a significant number of legal acts issued in the form of resolutions of the Council of Ministers, orders of the Ministry of Education and Science of the Republic of Bulgaria and a number of other ministries on specialised education programmes.
The author pays particular attention to the distribution of administrative powers in the field of education between the Council of Ministers, the Ministry of Education and Science of the Republic of Bulgaria, regional education departments, local self-government bodies and educational institutions.
In the author’s opinion, the activities of bodies for consideration and addressing of a wide range of issues at the school level are worthy of further study: these are pedagogical councils, public councils established at each school, and boards of trustees established to attract additional financial and material resources to support school activities and control their intended use.
Based on the study, the author concludes that public administration of the general secondary education in Bulgaria is characterised by deep democratization and decentralization, as well as expansion of the autonomy given to schools. While the main subject of public administration in the field of general secondary education in Bulgaria is the Ministry of Science and Education, a significant role is also played by regional education departments and local governments, where the former provide methodological support to educational institutions, and the latter supervise and control directly the educational institutions.
To the issue of the rights and obligations of land users in the field of land restoration
Authors: Lisova T. V. 
Published: April 2024

The article is devoted to the problem of legal protection of the rights and obligations of land users in the field of land restoration. The article emphasizes that a significant part of lands, regardless of their purpose, requires urgent restoration measures, however, scientific works highlight only certain aspects of legal protection and restoration of lands, as well as a comprehensive analysis of issues related to ensuring the realization of the rights and fulfillment of the obligations of owners and users of land plots for their protection and restoration actually do not exist.
The article emphasizes that the content of legal relations consists of subjective rights and legal obligations. The viewpoints of scientists regarding the specified concepts were studied. Attention is drawn to the fact that legal relations in the field of land restoration belong to the active type of legal relations, because the provision of land restoration requires active actions on the part of the obliged entities.
The main legal relationship for land restoration is a legal obligation that manifests itself in the active behavior of the obligated person in order to ensure the subjective rights of other subjects.
The general rights and responsibilities of land plot users under current land legislation have been analyzed. Legal conflicts and gaps in the specified area have been studied. It was emphasized that land plots should be restored by both their owners and users in the process of their exploitation. It is proposed to make appropriate changes to the land legislation regarding the expansion and systematization of the rights and obligations of land plot users.
The author examines the grounds for compulsory termination of rights to land plots. The author emphasizes the peculiarities of the grounds for compulsory termination of the right to use a land plot, which is the failure to eliminate the committed violations of the law by the land user.
Some attention is paid to the problem of land restoration in the conditions of hostilities. The issue of compensation for damages caused as a result of emergency situations and armed aggression was investigated. Legislative norms aimed at determining damage and compensation for damage to owners and users of land plots have been analyzed.
Communication activities as one of the areas of administrative and legal support for the institutional capacity of local courts
Authors: Remezok A. Y. 
Published: April 2024

The article highlights the theoretical and applied aspects of communication in local courts as one of the important areas of administrative and legal support for their institutional capacity. The author emphasizes the relevance of this issue and the insufficient level of its research within the science of administrative law. The court’s communication activities are defined as a well-established process of information exchange aimed at achieving mutual understanding, agreement between the parties and changes in the consciousness and/or behavior of the recipient of information, which is manifested in raising awareness, level of trust, forming a certain image in the eyes of the audience, taking certain actions or refraining from them on the part of the recipient of information. The author emphasizes the need to develop a communication strategy for local courts. Strategic communication is defined as a systemic communication focused on establishing long-term relationships between courts and their external and internal audiences that help to achieve certain goals. The author analyzes the best practices of court communication and emphasizes the importance of their dissemination. It is noted that court communication should primarily be aimed at increasing the level of public confidence in the court. It is emphasized that the best practices of communication activities of local courts not only need to be disseminated, but also studied from the perspective of administrative law science, which will contribute to the development of a solid scientific basis for this area of activity.
It was noted that the communication activity of the court is an important direction of judicial administration and administrative and legal support of the institutional capacity of both local courts and the judicial system in general. The conclusion is formulated that domestic courts of all levels carry out significant work both in terms of effective communication and the development of a communication strategy. Such perspective directions of the development of the court’s communication activities as the development of modern communication platforms between the court and the public, the development of communication in the environment of the judicial branch of government, etc. are indicated.