The Ombudsman in the constitutional system of the Slovak Republic |
Author : JUDr. Jana Kanzelsberger |
Abstract | Full Text |
Abstract :Nowadays, the ombudsman represents an indispensable part of any modern democratic and the rule of law state to which the Slovak Republic undoubtedly belongs. It represents an institution that has an irreplaceable and justified place in the system of the law protecting authorities, in addition to the Prosecutor´s Office, the General Courts and the Constitutional Court. Understanding the present and the prospects for the future are almost impossible without the knowledge of the past. For this reason, the attention in this article is paid to the slovak historical aspects that the establishment of the Ombudsman´s Institute in the legal systems of our country was conditional upon. This piece focuses on the basic characteristics of the Public protector of rights in the Slovak Republic and the basic features that are common to the most ombudsmen around the world, submits some facts on the formation, the legal principles of its activities, the scope of the Public protector as well as the most recent data about the Public protector´s agenda, duties and responsibilities. |
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Law on the use of languages of national minorities in the light of its daily use |
Author : PhDr. Juraj Gyimesi |
Abstract | Full Text |
Abstract :One of the most important, if not the most important, distinguishing criterion in relation to belonging to a nation or a national minority is language. This is why the language deserves exceptional protection from the law. When talking about the protection of language in the state, we do not mean exclusively the protection of the state language, but also of regional or minority languages. This article discusses how is this problem solved in Slovak republic. |
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Termination of employment from the point of view of Czech law |
Author : Mgr. Alexandra Mišinová, LL.M. |
Abstract | Full Text |
Abstract :The aim of article is analysis of the term immediate employment termination as one of the reasons of employment termination. Article is structurally divided into three chapters, which are subsequently divided into subchapters.First chapter characterizes immediate termination of employment and requisites needed this legal action to be valid. Following two chapters consist of immediate termination of employment in the first place from employer’s site and then from employee’s site and bring detailed analysis of reasons for which it is possible to apply this establishment. |
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Building right and principle of superficies solo cedit from the point of view of Czech law |
Author : Mgr. Alexandra Mišinová, LL.M. |
Abstract | Full Text |
Abstract :The aim of article is analysis of the legal institution of building right and related principle of superficies solo cedit from the point of view of Czech law. Article is structurally divided into two chapters, which are subsequently divided into subchapters. First chapter is dedicated to description of the building right and following chapter consists of principle superficies solo cedit on the territory of Czech Republic. |
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Autonomy as a form of solution to the status of national minorities |
Author : PhDr. Juraj Gyimesi |
Abstract | Full Text |
Abstract :The word autonomy has an extremely unfavorable context in the conditions of the Slovak Republic. The topic of autonomy raises passion only when it is set in the theoretical debate about the possibilities of its use, its benefits or negatives. This article does not have the ambition to deal with political questions or considerations about the possibilities of using autonomy in conditions of the Slovak Republic, but it deals with it in the general plane at the level of theory. |
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World trade organisation - the need for reform? |
Author : Mgr. Alexandra Mišinová, LL.M. |
Abstract | Full Text |
Abstract :The aim of this article is ti clarify the foundation and the working mechanism of WTO. Article is structurally divided into two chapters, which are subsequently divided into subchapters. The first one describes charakteristcs and principles of WTO and following chapter contains a review of the dispute resolution system. |
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The right to freedom of expression and the conditions of its restriction |
Author : Mgr. Michal Cenkner, PhD. |
Abstract | Full Text |
Abstract :The author focuses on analysis of the legal means on restriction of the guaranteed right to freedom of expression. Particular attention is paid to the analysis of selected decisions of the European Court of Human Rights in order to identify the specific lines of argument of the High Judiciary, also in the context of limiting the exercise of fundamental human right to freedom of expression. The aim of the paper is to clarify the calculation of legal restrictions and to offer the professional legal community a comprehensive view of the relativity of that fundamental human right exercise. |
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Negative consequences of the lack of factual nature of a criminal offense affecting fine therapists in the legal order of the Slovak Republic |
Author : JUDr. Alica Fedorová |
Abstract | Full Text |
Abstract :In the legal order of the Slovak Republic there is no term healer, there is no legal regulation and there is no specific legal regulation regulating the performance of their activities. Due to the fact that the law does not define the term healer, the healer can be virtually everybody, even without medical knowledge, which means that he can practice practically without limitation. |
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Non-pecuniary damage and its compensation (damages) in the light of PETL and in contex of Slovak and Czech court’s decisions |
Author : JUDr. Karolína Zverková |
Abstract | Full Text |
Abstract :The article deals with non-pecuniary damage and its compensation in the light of the Principles of European Tort Law (PETL), which are soft law document at European level but represent a significant basis for the future harmonization of European tort law; PETL brings a slightly different view of non-pecuniary damage and its damages over Slovak legislation. We also focus on the judgements of the Slovak and Czech courts, which reflect the theory of PETL on the practical side. |
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Liability in civil law |
Author : JUDr. Karolína Zverková |
Abstract | Full Text |
Abstract :This article focuses on the term "liability". Although the term is often used by legal language, its content is not unambiguous. Therefore, we will present four concepts which deals with that term, each from a different point of view to its content and meaning. At the same time, we will speak of the origin of liability/assumptions of its origin, its subject and functions. |
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Waiter, Scarper! On the qualification and consequences of Dalibor Vrána´s action then and now |
Author : Mgr. Michal Krajcovic Doc. JUDr. Rudolf Kasinec, PhD. |
Abstract | Full Text |
Abstract :The authors focus on the legendary comedy from the Czechoslovak environment: Waiter, Scarper!, which is being viewed in the perspective of criminal law. We also briefly examine the civil-law aspect that reflects the close relationship between law and film art. They reflect on the issues of qualification of the main character´s unlawful behavior and the potential punishment by which he was threatened in 1980 compared to nowadays, according to the Criminal code. Following the depiction of the criminal law regulation the attention focuses on the identification of possible extenuating or aggravating circumstances, which are the relevant variables in the consideration of fairness of punishment imposed on the main character. |
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The right of the nation to self-determination and its manifestations in the unitary state |
Author : PhDr. Juraj Gyimesi |
Abstract | Full Text |
Abstract :The right to self-determination can now be achieved by respecting the rights of national minorities in cultural social and linguistic areas and by the political participation of members of national minorities to address the minority issues, all within the boundaries of the existing state. Although this right is enshrined in international documents, its application is not enforceable because there is currently no effective means of enforcing it. |
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Dystopia - Theoretical Definition of the Notion |
Author : Doc. JUDr. Rudolf Kasinec, PhD. Mgr. Jozef Jencík |
Abstract | Full Text |
Abstract :The aim of this article is to outline various approaches to the theoretical definition of dystopia and its classification in the historical cross-section, which will serve as a basis for further legal, political and cultural research into dystopian and anti-utopian thinking in the Slovak Republic. |
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