rss_2.0Law FeedSciendo RSS Feed for Lawhttps://www.sciendo.com/subject/LAhttps://www.sciendo.comLaw Feedhttps://www.sciendo.com/subjectImages/Law.jpg700700Subliminal Advertising: Ethical and Legal Problems of Existence in Ukrainehttps://sciendo.com/article/10.2478/jles-2021-0005<abstract> <title style='display:none'>Abstract</title> <p>In the present article, the issue of identification of sophisticated and problematic aspects of the regulation of subliminal advertising in the national legislation of Ukraine and perspectives for the improvement of the legal regulation of subliminal advertising is considered. It is determined that legislative and normative regulation of public relations that arise in the process of defining the concept of subliminal advertising and the problems of such legislative regulation are urgent questions in the current society. Given that subliminal advertising affects subconsciousness and manipulates human behavior, it harms not only consumers of advertising, as it misleads, disorients, has a subliminal effect, but also deprives media outlets of adequate payment for fair advertising. Besides, hidden advertising also harms society by ignoring the laws, requirements of journalistic ethics and hence – provides demoralization. That is why there is a necessity to analyze ambiguous aspects of subliminal advertising and justify the need to improve the possibilities of its legal limitations and control.</p> </abstract>ARTICLE2021-05-26T00:00:00.000+00:00The Contribution of the Public Authorities from the Republic of Moldova Towards the Protection and Enhancement of the National Cultural Heritagehttps://sciendo.com/article/10.2478/jles-2021-0006<abstract> <title style='display:none'>Abstract</title> <p>The article analyzes the contribution of the public administration authorities of the Republic of Moldova towards the protection and enhancement of the national cultural heritage. The competencies of the Parliament, the Executive and Ministry of Education, Culture and Research are investigated as central public authorities in the field of national heritage, as well as the attributions of local public authorities in this field. The attention is on the relationship of cooperation between the central public authorities and the local ones in certain areas. It is underlined the contribution of the European Union’s projects towards the reconstruction of some historical value objectives as part of the national heritage. Particular attention is given to the role of cultural heritage in the education of citizens by systematizing the knowledge about national and global cultural heritage.</p> </abstract>ARTICLE2021-05-26T00:00:00.000+00:00Relevant Issues of Research of Minors’ Antisocial Behaviorhttps://sciendo.com/article/10.2478/jles-2021-0002<abstract> <title style='display:none'>Abstract</title> <p>The study of the antisocial behavior of minors is of interest to many scientists: from pedagogues and psychologists to lawyers and criminologists. On the one hand, this has led to important and diverse research detailing the nature, causes, and consequences of deviance among youth. This makes it possible to develop better mechanisms for the prevention of juvenile delinquency, punishment, and resocialization of minor offenders. But on the other hand, this diversity caused contradictory approaches to defining the boundaries of deviance and delinquency, as well as the correlation of these terms. This paper offers an overview of the interdisciplinary scientific discussion on the relationship between delinquency and deviance as types of antisocial behavior, and structures these approaches. It also defines limitations in the field and generates new ideas and directions for future research. In the second part, we examine the causes of juvenile delinquency, with a particular interest in causes that can be corrected. Thus, we found that proper upbringing can “treat” not only anti-social attitudes and values, low educational and professional skills of the offender, poor cognitive and interpersonal skills but also innate tendencies to aggression.</p> </abstract>ARTICLE2021-05-26T00:00:00.000+00:00Relevant Problems of the Correlation Between the Concept and Content of the Right to Freedom of Conscience and Religionhttps://sciendo.com/article/10.2478/jles-2021-0004<abstract> <title style='display:none'>Abstract</title> <p>The right to freedom of conscience and religion is a fundamental natural right, which is enshrined in international legal acts and acts of national legislation. At the same time, the different regulation of the mentioned right in distinct acts attracts attention. Variations include the “right to freedom of thought, conscience and religion”, “the right to freedom of conscience and confession” etc. This article analyzes all cases of terminological regulation of the right to freedom of conscience and religion. The content of each of the categories is analyzed, due to which the concept of the right to freedom of conscience and religion is defined and a clear distinction is made between each of the categories. Along with this, the interaction of the content and the concept of the right to freedom of conscience and religion is established. Based on the research conducted within the article, the most successful concept for expressing the content of the right to freedom of conscience and religion is determined. The article also analyzes the rulings of the European Court of Human Rights on the vision of the content and concept of the right to freedom of conscience and religion.</p> </abstract>ARTICLE2021-05-26T00:00:00.000+00:00The Synergy Between Natural and Legal Law in Eco-Ethics Contexthttps://sciendo.com/article/10.2478/jles-2021-0008<abstract> <title style='display:none'>Abstract</title> <p>From the multiple theses of eco-ethics, the study debates the complex relation between ethics – ethical principles and law – legislation in the field of environmental protection and durable development. Considering the differential – but also common – characteristics between natural laws and juridical ones that have an ecological signification, legislators must pass any law project while considering the needs of natural biosystems.</p> </abstract>ARTICLE2021-05-26T00:00:00.000+00:00Civil Servants Recruitment Process in Kosovohttps://sciendo.com/article/10.2478/jles-2021-0003<abstract> <title style='display:none'>Abstract</title> <p>In this study, we will analyze the instantaneous control in the recruitment of civil servants in the Republic of Kosovo. The purpose of the study is to achieve knowledge of the object of study, ie how the procedure of recruitment of civil servants is carried out, which procedures should be implemented until the establishment of employment in the civil service of Kosovo and which bodies are competent to control the legality of administrative acts of state administration bodies in the field of recruitment and establishment of employment of civil servants. Specifically the detailed aspects of the facility, ie how the recruitment is performed, how a labor relationship is established in the civil service of Kosovo, and how the control is applied internal versus the legality of administrative acts of public administration bodies in the field of recruitment of civil servants and by whom. The result of this study is the achievement with the knowledge of the object of study. In this study to achieve or not to confirm the hypotheses raised, we have used descriptive and statistical methods. Primary data are taken from the annual reports of the Ministry of Public Administration on the state of the civil service, the work reports of the Independent Oversight Board for Civil Service, literature, legal acts, and general normative acts governing the field of recruitment in civil service. The conclusion of this study is that the staffs in the civil service are not accepted according to the principle of merit, that the state administration bodies largely respect the deadlines for the establishment of labor relations, that there is no instantaneous control in the field of recruitment of civil servants. Had the proper influence on the heads of state administration institutions to recruit civil servants on the basis of merit.</p> </abstract>ARTICLE2021-05-26T00:00:00.000+00:00Practical Issues Regarding International Underppinnings of Tax Legislation Under the Auspices of Law No. 296/2020https://sciendo.com/article/10.2478/jles-2021-0001<abstract> <title style='display:none'>Abstract</title> <p>In this article, it will be analyzed, from the perspective of doctrine and jurisprudence, the implications of some international aspects of tax legislation, under the auspices of the latest changes in the field of taxation made by Romania. For this purpose, it will be analyzed the implications of the new fiscal provisions regarding the international aspects from the perspective of Law no. 296/2020. In this sense, it will be focused upon certain issues such as international double taxation, transfer prices, affiliated businesses and corporate tax. Also, the case presented in the jurisprudence section enriched in the second part of the article comes to support the framework of the future application of the new provisions regarding certain fiscal aspects with elements of foreignness in Romania. The results of the research subsumed in this article highlight the fact that the tax legislation in Romania has had a significant improvement, especially in terms of international aspects of financial and tax law. In conclusion, both the analysis of the evolution of tax legislation and the case law presented show that there are significant improvements at a national level, both in terms of the quality of the enactment of a tax law and the way in which the provisions of the law are implemented in practice.</p> </abstract>ARTICLE2021-05-26T00:00:00.000+00:00Development of the Magistrate’s Intime Conviction in the Context of Non-Verbal Communicationhttps://sciendo.com/article/10.2478/jles-2021-0007<abstract> <title style='display:none'>Abstract</title> <p>The author of this paper tackles the concept of intimate conviction of the magistrate (judge, prosecutor) and relevant aspects of the etiology and practical importance of its content, as a subjective basis for establishing judicial questioning tactics that help the magistrate in his/her decision-making. By approaching the process of intimate conviction development as part of an interpersonal communication system, the author analyses the contribution of interpreting nonverbal, extra-semantic clues given by the person being questioned and by all participants in courtroom debates, to the detection of feigned behaviors and the subsequent adjustment of questioning, paving the way for the development of an intimate conviction. Consequently, improving hearing and questioning practices for the accused, the investigated, and witnesses involves professional control and self-control in terms of eye contact, facial expression, gestures, stance, paralanguage, touching, proximity, and dress, in order to masterfully achieve specific goals in delivering justice.</p> </abstract>ARTICLE2021-05-26T00:00:00.000+00:00Party Autonomy in the Context of Jurisdictional and Choice of Law Rules of Matrimonial Property Regulationhttps://sciendo.com/article/10.2478/bjlp-2020-0014<abstract> <title style='display:none'>Abstract</title> <p>In 2019, the EU Member States started applying the Matrimonial Property Regulation, which concerns the property regimes of international marriages. This regulation is aimed at helping couples manage their property and divide it in case of divorce or the death of one spouse. One of the main features of this regulation is its openness to the parties’ choice. The parties are enabled – in cases foreseen in the regulation – to grant jurisdiction to the court of a Member State of their choice, as well as to choose the law applicable to their matrimonial property regime. Since this regulation is new and the track record of its application is rather short, the limits of party autonomy allowed under the regulation and its advantages still involve a high degree of uncertainty. This article provides an in-depth analysis of party autonomy as provided for in the Matrimonial Property Regulation. In addition, it scrutinises the issue of party autonomy in the Succession Regulation, which often directly interacts with the Matrimonial Property Regulation.</p> </abstract>ARTICLE2021-03-18T00:00:00.000+00:00The Role of EU Principles in Criminal Law: is the Principle of Direct Effect Applicable?https://sciendo.com/article/10.2478/bjlp-2020-0011<abstract> <title style='display:none'>Abstract</title> <p>With the enactment of the Lisbon Treaty, EU law gained supremacy over national law in ten areas of criminal law (with the possibility of extension in the future) treated as particularly serious crimes with a cross-border dimension and the right to enact directives. The question arises if and when direct effect is possible in criminal law, taking account of developments and applications of this principle in other areas of EU law. To answer this question, the following tasks are necessary: (1) to discuss the role of principles in criminal law, (2) to define the principle of direct effect through the academic literature and the jurisprudence of the CJEU, (3) to discuss whether directives could have direct effect in criminal law, and (4) to analyze the EU’s impact on Lithuanian national criminal law through an analysis of the jurisprudence of the Supreme Court of Lithuania.</p> </abstract>ARTICLE2021-03-18T00:00:00.000+00:00The Application of Customer Service Standards and Street-Level Bureaucrats’ Discretion in Lithuanian State Agencieshttps://sciendo.com/article/10.2478/bjlp-2020-0013<abstract> <title style='display:none'>Abstract</title> <p>The main purpose of this article is to explore how standardization of the public service provision and introduction of customer service standards affect the de facto discretion of civil servants. The study uses a qualitative case study approach. Two main research methods were used to gather data – semi-structured interview and document analysis. Analysis of the empirical data revealed that written standards only partially affect the de facto discretion of civil servants. The customer interaction standards define only a few civil servants’ actions, and do not cover all aspects of the communication between civil servants and customers. Application of written standards is flexible especially in non-typical situations. Customer service standards do not restrict the actions of civil servants when they focus on customer problems, which is especially important when dealing with socially vulnerable customers. This study explores the use of customer service standards as a public management tool. The research data can be useful for understanding and improving customer interaction standards and its practical application.</p> </abstract>ARTICLE2021-03-18T00:00:00.000+00:00Modeling the Patterns of Civil Confiscation: Balancing Effectiveness, Proportionality and the Right to Be Presumed Innocenthttps://sciendo.com/article/10.2478/bjlp-2020-0010<abstract> <title style='display:none'>Abstract</title> <p>This article elaborates on recent developments in modelling the advanced measure for prevention of organized and serious criminality and corruption – civil confiscation. It distinguishes and discusses the safeguards in civil confiscation patterns that are supposed to ensure the balance between the effectiveness and proportionality of the recovery of the proceeds of crime. Based on different sets of the distinguished safeguards, the article abstracts the variety of civil confiscation patterns in European national jurisdictions into three models and discusses the advantages and the risks the regulation based on these models may pose. The analysis is supplemented with the assessments made by the European Court of Human Rights in the cases related to civil confiscation regulation and insights of the practitioners who participated in the legislative proceedings on the draft of the Lithuanian law on civil confiscation. The article concludes with the thesis that some patterns of the civil confiscation may pose serious risks of disproportional or erroneous decisions to recover property and abuse of civil confiscation proceedings.</p> </abstract>ARTICLE2021-03-18T00:00:00.000+00:00Europeanization by European Parliament Political Groups: The Case of Latvia 2004-2019https://sciendo.com/article/10.2478/bjlp-2020-0012<abstract> <title style='display:none'>Abstract</title> <p>This article assesses the top-down Europeanization of national political parties by the political groups of the European Parliament. Based on the premise that the national political parties alter their agendas and argumentation because of ties to their respective European Parliament political groups, the paper presents a case study of Latvia in the period from 2004 to 2019. The analysis focuses on the agendas of three political parties whose continuity can be clearly traced during the fifteen years – the “New Unity”, the “National Alliance” and the “Latvian Russian Union”. It concludes that the small number of members of the European Parliament elected from Latvia, migration of individual politicians from party to party, and low durability of Latvian parties themselves has limited the sustainability of Europeanization and impeded downloading of EU topics and principles to the national party level. Meanwhile, party programs of all three observed parties have Europeanized since 2004 in terms of the number and depth of the EU issues addressed.</p> </abstract>ARTICLE2021-03-18T00:00:00.000+00:00Arbitration Agreements and Protection of the Right to a Fair Trialhttps://sciendo.com/article/10.2478/bjlp-2020-0015<abstract> <title style='display:none'>Abstract</title> <p>Arbitration is a dispute settlement mechanism based on an agreement of the parties. Party autonomy to conclude an arbitration agreement is well established and recognized by the UNCITRAL Model Law on Arbitration and various national laws. However, party autonomy to conclude an arbitration agreement raises certain challenges for protection of human rights. One of them is how an arbitration agreement is compatible with Article 6 of the European Convention on Human Rights, which establishes the right to a fair trial before the state court. Conclusion of an arbitration agreement means that the parties waive their right to submit the dispute to the state court and instead create biding jurisdiction of arbitration court. This waiver of the right to a fair trial before the state court raises questions as to what extent the procedural guarantees of the right to a fair trial are applicable in arbitration court. What are the requirements for such a waiver of the right to a fair trial before the state courts?</p> </abstract>ARTICLE2021-03-18T00:00:00.000+00:00The Principle of the Separation of Powers: the Ontological Presumption of an Ideologemehttps://sciendo.com/article/10.2478/bjlp-2020-0009<abstract> <title style='display:none'>Abstract</title> <p>The theoretical materiality of the principle of the separation of powers is beyond doubt. This principle is inevitable in discourse on the constitutional framework of the state, democracy and the rule of law, and it has its own form of expression in positive law. Although the relevance of the principle of the separation of powers in social discourse creates the illusion of the conceivability of its content, the ontological questions concerning this principle remain largely vague. This can be explained by considering two aspects. First, as established in scientific doctrines and constitutional forms of expression, the principle of the separation of powers has become a social and legal ideologeme; it approximates an axiom which is no longer substantiated anew. Second, discourse concerning ontology is always complicated, since it calls to question the essence itself. It is complicated not only because it requires a particular intellectual effort and academic courage, but also because the outcome of such discourse is unpredictable and can lead either to the ideologeme being confirmed to be true or being unexpectedly revised, or perhaps can even lead to the demise of what has so far been self-evident, unquestionable, obvious, universally known, etc. This article analyses the ontological essence of the principle of the separation of powers – an approach towards the human being, whereby meaning is given to the consequent system of causal relationships within the whole theory. Discourse in this article takes ontological issues as its object of inquiry: why did we decide to separate powers and how many of these separated powers are there?</p> </abstract>ARTICLE2021-03-18T00:00:00.000+00:00Quality Soil and Healthy Food in the Jean Monnet Projecthttps://sciendo.com/article/10.2478/eual-2021-0003<abstract> <title style='display:none'>Abstract</title> <p>Soil quality issues, together with issues related to healthy food, are becoming key areas of interest at the European level. Both spheres play an important role in the formulation of EU policies such as the EU Common Agricultural Policy, EU Agri–environmental Policy, EU Food Policy but also EU Health Policy. For this reason, deepening knowledge and exchanging experiences in these areas seem to be necessary preconditions for finding ways to respond to current challenges and problems. The project “Quality Soil as a Pathway to Healthy Food in the EU”, acronym FOODIE, also reacts on the mentioned issues. The main aim of the project is to foster an expertise dialogue between the crucial experts (academics, public authorities, professionals from practice) in the field of food/feed management in the EU affecting the achieving the objectives of correlated EU policies and recently adopted European Green Deal.</p> <p>The presented paper is of a disseminating nature and aims to acquaint the reader with the mentioned project.</p> </abstract>ARTICLE2021-08-05T00:00:00.000+00:00Evaluation of Selected Indicators Pointing at the Current Condition and Importance of Agricultural Land Protection in Slovakiahttps://sciendo.com/article/10.2478/eual-2021-0004<abstract> <title style='display:none'>Abstract</title> <p>Agricultural land is currently protected by many subjects and institutions. The characteristics of the soil in terms of its functions and importance for individuals or society from perspectives of several scientific disciplines is dealt with by several authors. The aim of the paper is to point out the current state and importance of the agricultural land protection in Slovakia in connection with the threats that affect its quantity and overall quality. The indicators as the area of agricultural land and the structure of the land fund, the evolution of agricultural land withdrawals for non-agricultural purposes and the current state or structure of legislation and institutions in the field of agricultural land protection in Slovakia were evaluated. The paper pointed out the important role of agricultural land in the country, as its area, especially with the majority of arable land and permanent grasslands, represents the majority of the total area of Slovakia. For several years, however, the volume of agricultural land has been steadily declining. This phenomenon is partly caused by the agricultural land withdrawals, which have now managed to stabilize at an average of 1000ha of withdrawn land per year. In Slovakia, there is currently a large number of legislative acts regulating the protection and agricultural land withdrawals, as well as a wide range of state and non-state institutions that operate in the field of agricultural land protection. The effectiveness of the implementation of legislation and the effectiveness of mutual cooperation of institutions seems questionable focusing on the current state of the land fund, which leads to the need to expand research on these aspects.</p> </abstract>ARTICLE2021-08-05T00:00:00.000+00:00Review of the Book “The Legal and Economic Aspects of Associations and Agricultural Producers in Selected Countries of The World” by Aneta Suchoń (Editor)https://sciendo.com/article/10.2478/eual-2021-0005ARTICLE2021-08-05T00:00:00.000+00:00Changes in Legal Regulations as a Way of Improving Water Management in Polandhttps://sciendo.com/article/10.2478/eual-2021-0002<abstract> <title style='display:none'>Abstract</title> <p>The article presents 9 water alerts illustrating the state and problems of water management in Poland three years after the entry of the new Water Act into force on January 1, 2018. The alerts were developed by a group of experts critically assessing some of the introduced legislative changes. The alerts analyzed the main problems related to drought and flood protection as well as the specificity of water management in cities and rural areas. Postulates to improve the legal regulations in the field of water management and financing, its integration with spatial planning and educational needs in this regard were also presented. The content of 8 alerts is briefly discussed, and the problem of water–agriculture interaction is presented in more detail. The article indicates that legal regulations of water management are particularly difficult as they apply to the entire society, almost all economic sectors and the natural environment, and its preparation must be carried out with extreme care after many analyzes and debates.</p> </abstract>ARTICLE2021-08-05T00:00:00.000+00:00The Impacts of Food Taboos and Preferences on Food Security in Developing Countries: Evidence from Ethiopiahttps://sciendo.com/article/10.2478/eual-2021-0001<abstract> <title style='display:none'>Abstract</title> <p>Food norms are embodied within all the essential components of food security; availability, access, utilization, and stability. However, the adverse economic influences of these norms are largely under–researched in developing countries. Unique in its scoop, this study thus investigates the impacts of food taboos and preferences (FTP) on food security in Ethiopia, one of the world’s food–insecure nations combined with a culture of strict food norms. On the basis of a qualitative research design with semi–structured in–depth interviews, primary data was collected from eleven key informants of pertinent multidisciplinary backgrounds, experts and decision–makers. The empirical evidence revealed that religious and secular– based FTP have put significant restrictions on the efficient utilization of the existing edible resources in the country. For example, during Orthodox Christian (OC) and Muslim fasting days, the overall food supply chain undergoes economic turbulence. Particularly, the economic challenge of OC fasting is expressed by (1) a decrease in consumption and supply of non–vegan foods, (2) the temporary closure of butcher and dairy shops, (3) an increase in the demand and price of vegan foods, and (4) an overall reduction in consumption and economic transactions. Moreover, the tradition of animal consecration at home has made many Ethiopians to rarely depend on supermarkets, groceries, and other licensed meat shops. In turn, this impedes the country’s endeavor of attracting local and foreign private investors in the general food sector. It also alienates people from access to food labels, meat quality controls, price, size, and choice advantages, all of which are essential for better, adaptive, and stable food utilization. The results discovered in this thesis enrich our understanding on the role of food norms in the economic systems. Particularly, the study sheds light on the indispensable need to consider the subject of FTP in policies and programs aiming to end food insecurity.</p> </abstract>ARTICLE2021-08-05T00:00:00.000+00:00en-us-1