New Legal Reality: Challenges and Perspectives. II最新文献

{"title":"Imperial Russian Rules on the State of Emergency in the Estonian Republic","authors":"Jaana Lindmets, Marju Luts-Sootak, Hesi Siimets-Gross","doi":"10.22364/iscflul.8.2.03","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.03","url":null,"abstract":"In 1918, the Provisional Government of Estonia decided that, until new laws could be established, the legal acts of the Russian empire would continue to be valid. The rules on the state of emergency remained in force, too. At the end of November 1918, the state of emergency was declared throughout the territory of Estonia. For the entire period of its first independence, the Republic of Estonia was under some form of state of emergency either across the whole country or in certain areas. At first the state of emergency was declared using Imperial Russian norms on martial law. In 1930, the Estonian parliament adopted the State of Defence Act, which formally abolished the rules of Russian martial law. However, the Estonian Act on the State of Defence was, in essence, still largely based on the provisions of the General Act on the Governorates of the Russian Empire. The new State of Defence Act was adopted by presidential decree in 1938 and could be described as an attempt to summarise as valid law the practices that the authoritarian regime had hitherto used without legal basis.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115188484","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Application of Coercive Measures to a Legal Person: Law, Theory, Practice","authors":"V. Liholaja, Diāna Hamkova","doi":"10.22364/iscflul.8.2.21","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.21","url":null,"abstract":"The application of coercive measures to a legal person in Latvian criminal law is a relatively new institute of law, which isbecoming increasingly relevant. Although some issues of the application of coercive measures have already been addressed in legal doctrine, there still remains a great deal of uncertainty regarding this institute. The purpose of this article is to address the regulation contained in Section 701 of the Criminal Law, clarifying the content of such features as “in the interests of a legal person”, “for the benefit of a legal person” and “as a result of inadequate supervision or control”, providing an understanding of these features.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"24 2-3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123418000","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Interaction Between Algorithmic Transparency and Legality: Personal Data Protection and Patent Law Perspectives","authors":"Liva Rudzite, Aleksei Kelli","doi":"10.22364/iscflul.8.2.27","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.27","url":null,"abstract":"Artificial Intelligence and its sub-field Machine Learning in the European Union has been directed as one of the political priorities towards the augmentation of human prosperity. However, due to its characteristics, for instance, the “black-box” problem, AI may pose challenges within the existing legal framework. The article focuses on analysing the legality of algorithmic transparency in two fields in the EU- data protection (obligation to provide information to the data subject) and under the criteria of “sufficient disclosure” of the patent legal framework – to improve legal clarity concerning the issue.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125136064","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Adoption of Shareholder Resolutions in Post-COVID Era. Example of Estonian Law","authors":"Andres Vutt, Margit Vutt","doi":"10.22364/iscflul.8.2.31","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.31","url":null,"abstract":"In 2020, the COVID-19 pandemic forced the world to find the right balance between protecting health, minimizing economic and social disruption and retaining the rights of individuals. States imposed a number of restrictions in order to prevent the spread of the pandemic, including restrictions on the movement of persons and restrictions on gathering. Traditionally, shareholders' meetings of companies have been taken place in the form of physical meetings. Company law also been based on the assumption that meetings are held physically. In the new situation, it was no longer possible to hold meetings in this way, at least for some time. This forced companies to use digital solutions. The legislator was also faced with the question of how to resolve this situation. Different countries reacted differently in order to find company law solutions. In Estonia, new rules were adopted in May 2020 that allowed legal persons to adopt decisions using digital solutions, among other things, it is allowed to make decisions in a full virtual meeting. The central question in the way companies make decisions is whether the use of virtual solutions is possible, but whether the law provides companies with sufficiently flexible options, which would enable decisions to be taken in the light of the specificities and needs of each company and whether such practices ensure the exercise of shareholders' rights. This article analyses whether and how these objectives have been achieved in Estonian law. There are three ways to adopt company’s resolutions in Estonia: a meeting, a written resolution or a vote by letter. Meetings can take place physically, virtually or in a hybrid form. It is not possible to infringe the rights of the shareholder in making a written resolution, since if such a method is used, the resolution decision is adopted only if all shareholders agree. In the case of voting by letter, the law does not take into account the fact that in a shareholder of a public limited company has the right to receive information from directors only at the general meeting. Therefore, the future case-law must lay down the principles of communication between the shareholder and the public limited company in the situation when the resolution has been adopted by using such option. The law stipulates that if digital means are used to hold a meeting, shareholders must be guaranteed all the same rights as they have in the event of a physical meeting. Since these rules have been in force only for a short period of time, there are no court cases based on them. Although the legal literature has been expressed some views on the use of digital solutions, it is not yet known how the courts will resolve these issues if disputes arise.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"139 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128306361","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Temporal Effect of Legal Norms and Case Law of the Constitutional Court of the Republic of Latvia","authors":"Daiga Rezevska","doi":"10.22364/iscflul.8.2.04","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.04","url":null,"abstract":"This article deals with the issue of the temporal effect of a legal norm from the perspective of the general principles of law – the principle of good legislation and the principle of the protection of legitimate expectations. The practical aspects of the identifying possible retroactive effect of a legal norm which as agreed by legal doctrine is one of the most difficult legal methods to be applied are analysed on the basis of the recent case law of the Constitutional Court of the Republic of Latvia. All three examples show that first of all the temporal effect of a contested legal norm has to be detected; and in a case if it is immediate or retroactive effect, the existence of legitimate expectations has to be identified; and following, if reasonable transitional period to a new regulation or appropriate compensation is provided by a legislator. Moreover, when determining the period for the transition to a new legal regulation or appropriate compensation, legislator according to the principle of good legislation has to ascertain fully and in a comprehensive manner the impact of a contested norm on the already existing – pending (or even more – on finished) legal relations.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129874126","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Setting Aside National Rules that Conflict EU law: How Simmenthal Works in Germany and in Latvia?","authors":"Jochen Beutel, Edmunds Broks, A. Buka, Christoph J. Schewe","doi":"10.22364/iscflul.8.2.10","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.10","url":null,"abstract":"At the centre of this article is the Simmenthal line of cases of the Court of Justice of the European Union, which establish the duty of every national court or administrative authority not to apply any national law that conflicts with the EU law. The article provides a brief overview of the evolution of the Simmenthal case law at the EU level. It then proceeds to assess how Simmenthal is applied at national level through comparative analysis of experience from Germany and Latvia. A particular emphasis in that regard is placed on the role of constitutional courts, as well as on the role of administrative authorities. Research from both countries points to a general adherence to the obligation established by Simmenthal. However, it also indicates certain discrepancies in national legislation, which obscure strict application of Simmenthal, especially for national administrations. Particularly in Latvia administration is not entitled to disapply national law on its own motion, whereas – explicitly following the Simmenthal doctrine – it would (theoretically) be entitled to do so in Germany.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"354 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132656068","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Aspects of Revocation of Degrees","authors":"J. Briede","doi":"10.22364/iscflul.8.2.07","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.07","url":null,"abstract":"This article discusses the legal issues regarding revocation of a diploma (degrees). As the revocation of a diploma is a matter that falls within the scope of a person's private life, the revocation must be subject to a certain regulatory framework. In Latvia, this regulation has shortcomings, so it needs to be improved. Getting acquainted with the case law of Latvia and other countries, Latvian legal regulation, legal literature and rules of other countries, problems of Latvian legal regulation have been identified and solutions have been proposed. They concern the applicable law, the competent institution, the period of time that has elapsed since the defence of the diploma.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126027314","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Blanket Bans in Case Law of the European Court of Human Rights and Constitutional Court of the Republic of Latvia","authors":"A. Kučs","doi":"10.22364/iscflul.8.2.25","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.25","url":null,"abstract":"Irrespective of whether a human rights case is being decided in a national or international court, similar methodology is used when assessing whether a human rights restriction is justifiable. In some cases, however, the European Court of Human Rights and Constitutional Court of the Republic of Latvia use different approach for specific kind of human rights restriction – the blanket ban. This concept and applied methodology are still under the discussion regarding both courts. This article looks into concept of blanket ban, analyses influence of this concept to courts’ assessment, as well as reflects objections to the concept.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128458742","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Standard for a Nationwide Administrative Territorial Reform","authors":"Edvins Danovskis","doi":"10.22364/iscflul.8.2.13","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.13","url":null,"abstract":"The article reviews the procedural and substantial standards developed by the Constitutional Court of the Republic of Latvia regarding the nationwide administrative territorial reform, which took place in 2019–2020. The article analyses the development of interpretation of Art. 5 of the European Charter of Local Self Government, as well as content and application of the principle of prohibition of arbitrariness in evaluating legality of a law, which outlines the administrative territorial division.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130640983","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Possible Improvement of Provisions of Latvian Civil Law Concerning Liability for Damages, Caused by Abnormally Dangerous Activity","authors":"Lauris Rasnačs","doi":"10.22364/iscflul.8.2.29","DOIUrl":"https://doi.org/10.22364/iscflul.8.2.29","url":null,"abstract":"As members of society, we all substantially benefit from various activities, which impose increasing danger. Our PCs and mobile smartphones include several metals obtained through mining operations, numerous household items have been made by using chemical reactions. If we are ill, we may need medication, which is made by using chemical reactions and biological experiments. Autonomous vehicles and flying devices are gaining increasing popularity and extended application in both commercial and non-commercial use. Some more radical members of society may say that we do not need these things and may withdraw from their use. However, it would be more realistic to contend that the society would never give up existing comfort, even if it is gained at least partly by activities creating increased danger. Therefore, the question is, how to regulate the liability for damages, caused by the activities incurring increased or abnormal danger to ensure that these regulations provide sufficient protection for injured parties and, at the same time, do not discourage potential operators from carrying out these activities, which create significant positive effect, despite of their danger. Various jurisdictions are dealing with this question in different manner. The most important Latvian regulations are included mainly in the Art. 2347 para. 2 of Latvian Civil Law, adopted in 1992 and mainly mirroring the legal provisions of the earlier 20th century, with slight adjustments, introduced in 2012. The author of the present paper holds an opinion that this Latvian regulation should be revised on the basis of more recent examples from other jurisdictions, such as Netherlands, and partially taking into account the findings and proposals, made in such splendid example of international academic cooperation as Principles of European Tort Law (hereinafter – PETL). The author of the current article makes such comparative analysis, as well as examines case law, discusses findings of some other authors and, consequently, proposes several amendments, which should be considered in order to improve the Latvian regulations, dealing with liability for damages caused by abnormally dangerous activity.","PeriodicalId":314457,"journal":{"name":"New Legal Reality: Challenges and Perspectives. II","volume":"261 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128986793","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}