Strani pravni zivot最新文献

{"title":"Errors of public authorities in performing the public administration duties: Evolution of approaches towards human rights in the court practice of the Republic of Lithuania","authors":"Sofia Khatsernova","doi":"10.5937/spz65-34748","DOIUrl":"https://doi.org/10.5937/spz65-34748","url":null,"abstract":"The article points to the problem of a lack of adequate mechanism for correcting errors of state institutions in their performance of public administration functions. It analyses the legal regulation and case law on the above issue. The analysis of court cases identified in the paper shows that for a long time there was a tendency to place on the citizens the burden of correcting the mistakes made by state institutions. In this way, property rights on legally acquired property were restricted or invalidated. This problem was in the Lithuanian context broadly discussed by the international courts. The aim of the article is to present the scale of the problem and the evolution of legal regulation and case law aimed at remedying it.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71083450","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":"Intellectual property rights and digital transformation in Estonia: Aspects related to copyright and patent protection","authors":"Uros Cemalovic","doi":"10.5937/spz65-34681","DOIUrl":"https://doi.org/10.5937/spz65-34681","url":null,"abstract":"With almost all public services delivered online, functioning system of e-residency and established 'data embassies,' Estonia is also home to blooming creative community and numerous companies ranging from small start-ups to tech giants. Apart from being the result of a clear and long-lasting political orientation, this success is strongly correlated with Estonian legislation and, more narrowly, its regulatory framework on both information/ digital society and protection of intellectual property rights (IPR). After examining the most relevant features of Estonia's legislation related to digital economy and society (Chapter 2), this paper analyses the country's regulatory framework on copyright (Chapter 3) and patents (Chapter 4) in the light of digital transformation. The author argues that there is a direct correlation between, on the one hand, regulatory framework dedicated to IPR protection on both EU and national level and, on the other, development of digital technologies. The study of Estonian legislation and practice in the field of copyright and patent protection has shown that, in numerous aspects, the country is largely dependent on the good functioning of wider EU legal and institutional framework, while, in the near future, the technological advance would require more supranational regulatory mechanisms.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082740","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 the EU law in Latvian courts","authors":"A. Buka, Edmunds Broks","doi":"10.5937/spz65-34937","DOIUrl":"https://doi.org/10.5937/spz65-34937","url":null,"abstract":"This article outlines the main changes that the system of Latvian courts faced after Latvia's accession to the EU. In the legislative field Latvia has added in its procedural laws general provisions that incorporate EU law into Latvia's legal system, as well as the possibility of national courts to apply preliminary rulings procedure. During Latvia's EU membership, Latvian courts have adapted to their role in the application of the EU law, especially in the area of administrative law. Latvian courts have referred to the Court of Justice of the EU for preliminary rulings in over 100 cases, mostly from administrative courts. This corresponds with general tendencies in other new EU Member States. However, the fact that there are very few requests for preliminary rulings from courts that are not the courts of the last instance in Latvia, suggests that Latvian courts of first instances are somewhat unwilling to make use of the preliminary rulings procedure and do not see the benefits in its use.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71083230","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":"Administrative procedure Law and e-services in Latvia","authors":"Edvins Danovskis","doi":"10.5937/spz65-35010","DOIUrl":"https://doi.org/10.5937/spz65-35010","url":null,"abstract":"The Article provides an insight in the scope of regulation of the Latvian Administrative Procedure Law and the use of e-services and other means of electronic communication in administrative procedure. The scope of regulation of the Latvian Administrative Procedure Law is mainly determined by the definition of an administrative act, which, in turn, is derived from the German administrative law. The adoption and application of the Administrative Procedure Law is generally regarded as very successful example of transformation of the legal system. For the past ten years the government has introduced various e-services and other electronic tools designed to facilitate electronization of administrative procedure. The article outlines basic legal regulation of these tools, as well as gives a short insight towards recent impact of the pandemic of COVID-19 on use of electronic communication between the government and private persons.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71083336","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 regulation of OTC financial derivatives trading","authors":"S. Vicic","doi":"10.5937/spz65-30645","DOIUrl":"https://doi.org/10.5937/spz65-30645","url":null,"abstract":"Author explains legal regulation of OTC financial derivative trading on the leading financial markets (USA and EU) as well as shows uniform regulations developed in international legal environment, and separately explains legal framework of the said question in positive Serbian law. Author elaborates main current legal issues related to financial derivatives transactions on the OTC market to which domestic participants are exposed during the operations in Serbian territory but also in cross-border operations. Finally, the author provides concrete proposals for further improvement of disputable legal issues by amending the regulatory framework in line with comparative legal regulations and regulations developed by the international community. Purpose of this article is to bring the attention of legal experts in Serbia to certain inefficient solutions in currently applicable legal regulations related to financial derivatives on the OTC Market, as well as to serve to legal practice as guidance for practical solving the disputable legal issues in particular transactions which have become frequent also for domestic participants on the capital market.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082623","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 features of market risks management in investment companies","authors":"R. Sovilj, Sanja Stojković-Zlatanović","doi":"10.5937/spz65-32237","DOIUrl":"https://doi.org/10.5937/spz65-32237","url":null,"abstract":"The issue of market risks management in investment companies is being updated and gaining importance in recent years, due to frequent crises and shocks in the financial markets. The application of the normative and comparative method in work analyzes the exposure of investment companies business to market risks. The paper points out the importance of determining market risks, as well as the types of market risks to which investment companies are exposed, and the importance of introducing new solutions adopted in the European legislation. The application of the proposed solutions based on qualitative and quantitative measures should enable both investment companies surviving on the capital market and providing adequate legal protection to investors. Therefore, the paper emphasizes the need for identifying and early recognition of market risks in investment companies, proposing appropriate measures, assessments and models for managing market risks in the investment companies.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082640","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":"Non-territorial minority autonomy in Estonia","authors":"Vladimir Đurić","doi":"10.5937/spz65-35048","DOIUrl":"https://doi.org/10.5937/spz65-35048","url":null,"abstract":"Non-territorial minority autonomy/self-governance is one of the models for the protection of national minorities. Non-territorial minority autonomy is guaranteed in Estonia by constitutional provisions and it is defined as one of the minority rights. In this sense, the paper analyzes the legal nature and the scope of such an autonomy in the legal order of Estonia.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71083553","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":"Natural resources in international treaties: From the sovereign rights of states to the common concern of humankind","authors":"D. Todić","doi":"10.5937/spz65-32847","DOIUrl":"https://doi.org/10.5937/spz65-32847","url":null,"abstract":"The paper points out the importance of natural resources and discusses their international legal protection. It analyses the UN deposited international agreements in the field of environment as well as the views of various authors. In specific, relations of the international agreements with the principle of permanent sovereignty of states over natural resources (\"principle\") and the concept of ,,common concern of humankind\" (,,concept\") is explored. The aim of the paper is to identify relevant international agreements, determine how they relate to ,,natural resources\" and assess the content of norms related to the ,,principle\" and ,,concept\". The conclusion states that the ,,principle\" and the ,,concept\" are simultaneously defined in two international agreements (Convention on Biological Diversity and the UN Framework Convention on Climate Change), that the content and meaning of the ,,principle\" was upgraded, as well as that there are elements of intertwining and lack of clarity when it comes to characterising relations between the ,,principle\" and the ,,concept\".","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082674","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":"Criminal liability of legal entities in Latvia: General insight, peculiarities and topicalities","authors":"Kristīne Strada-Rozenberga, Jānis Rozenbergs","doi":"10.5937/spz65-34728","DOIUrl":"https://doi.org/10.5937/spz65-34728","url":null,"abstract":"The path that the Latvian normative regulation in criminal law and the Latvian criminal law doctrine took to arrive at the possibility of turning against legal entities by criminal law measures was neither fast nor simple. The initial position was that regulation like this would be incompatible with the basic principles of Latvian criminal law since, historically, psychological understanding of guilt has been characteristic in the Latvian criminal law, guilt is identified with a person's mental attitude towards the criminal offence, and guilt also is one of the grounds for criminal liability. It was not clear how this understanding of guilt could be compatible with punishing such \"legal fiction\" as a legal person in the framework of criminal law. Ways, in which Latvia could adjust its legal regulation to various international normative documents that Latvia had acceded to, at the same time leaving the dominant basic institutions of the Latvian criminal law theory unaffected, were sought rather reluctantly. Discussions that lasted for years resulted in the inclusion into the Criminal Law coercive measures, existing outside the system of criminal penalties, applicable to legal persons, likewise, several criteria were defined as the grounds for applying these coercive measures to legal persons, the central of which was a criminal offence, committed by a natural person who was connected to the legal person, in the interests of the legal person or as the result of insufficient control by this legal person. Accordingly, criminal procedural regulation was created, which to a large extent equalled a legal person to an accused natural person in criminal proceedings. Although the criminal law and criminal law regulation, which provides for the possibility to apply criminal law coercive measures to legal persons in the framework of criminal proceedings has existed in Latvia for already 16 years, these criminal law instruments have started taking their place in the practice of applying law only in recent years, simultaneously also revealing deficiencies in the legal regulation, already now providing sufficient material for analysis to be used for improving these legal norms.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71082814","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":"Employment of migrant workers: Assumptions, requirements and limitations","authors":"Ljubinka Kovačević","doi":"10.5937/spz64-25648","DOIUrl":"https://doi.org/10.5937/spz64-25648","url":null,"abstract":"Although the need to provide decent working conditions is at the heart of the labour law rules on protection of migrant workers, a significant challenge for modern countries remains to create such conditions for their decent employment. The article discusses assumptions (legally entering a country), requirements for employment of foreigners (stay visa and work permit), as well as the employment limitations (quotas for employment of foreigners, limiting the catalogue of jobs that can be entrusted to foreigners, etc.). Regulation of these issues is closely related to the needs and the state of the domestic labour market (general and/or in specific professions), as well as the goals of migration, demographic, economic and employment policies. The author concludes that by establishing certain assumptions and special requirements for establishing employment relationships with foreigners, a number of diferent migrant positions are established for migrant workers, some of which are extremely precarious. Implementation of the relevant legal regulations should therefore be accompanied by (legal and extralegal) measures aimed at efectively protecting the dignity of migrant workers and preventing their labour exploitation. Among much else, this can be facilitated by establishing authorizations for employment of foreigners, as a special condition to be fulfilled by the employer, which can only be issued to the employers who respect labour and immigration regulations. Although this prevents employers who violate the rights of migrant workers from hiring new workers, there are no instruments in place to protect vulnerable categories of persons from labour exploitation in the period until the application for renewal of the employment authorisation or the application for a new employment authorisation is submitted. This is especially true as the dependence of migrant workers on the employer often discourages migrants from initiating the proceedings for protection of rights.","PeriodicalId":33817,"journal":{"name":"Strani pravni zivot","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-08-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44626873","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}