scholarly journals Perspektywy rozwoju zawodu doradcy restrukturyzacyjnego

2021 ◽  
pp. 141-158
Author(s):  
Filip Zygmunt Wichrowski
Keyword(s):  
Constitutional Law ◽  
Public Trust ◽  
Present Form ◽  
Federal Republic Of Germany ◽  
Legal Analysis ◽  
European Union Law ◽  
Future Directions ◽  
Government Functions ◽  
Legal Situation ◽  
Professional Self

This paper aims to determine the directions of development of the profession of restructuring advisor in Poland. The analysis of the law regulating this profession will help answer the question of whether in its present form the profession of restructuring adviser has the character of a profession of public trust in accordance with Article 17(1) of the Polish Constitution. These findings are important for determining whether the legislator should create a self-governing body of restructuring advisors, which should be a key element in establishing the principles of the profession. A direction of the discussion defined in such a way first requires a historical and legal analysis of the legislation relating to a bankruptcy administrator. This analysis culminates in a description of the process of transformation of the profession of a bankruptcy administrator into the profession of a restructuring advisor and an analysis of the current legislation, which allows determining the nature of the profession of restructuring advisor. The paper deals with the issues of how the professional self-government functions, and the ethics of the profession of restructuring adviser. It discusses the problems of currently operating organizations bringing together persons performing the profession of restructuring adviser, their status, and the validity of the legal acts issued by these entities.The above remarks on Polish legislation are contrasted with the legal situation in the Federal Republic of Germany to show the extent of the changes in this legislation in Poland over the last thirty years. In this article, attention is drawn to the need to enact additional legislation in this field in Poland. Future directions of the development of the profession of restructuring advisor as a profession of public trust are also evaluated through an analysis of both Polish constitutional law and European Union law, in particular,Directive 2019/1023 of the European Parliament and the Council relating to restructuring and bankruptcy.

Philippine Archaeology: Status and Prospects

1987 ◽  
Vol 18 (2) ◽  
pp. 235-249 ◽  
Author(s):  
Karl L. Hutterer
Keyword(s):  
Present Form ◽  
Historical Events ◽  
Research Practices ◽  
Future Directions ◽  
Historical Perspectives ◽  
Present Essay ◽  
History Of ◽  
Future Potential ◽  
Made In

The purpose of the present essay is not to present a history of Philippine archaeology; several preliminary attempts have been made in this regard which may be consulted. Rather, the aim of this paper is to pause for a moment and look across the landscape of Philippine archaeology to assess what has been accomplished to date, to ponder strength and weaknesses of the field at this time, and to consider future directions. Nevertheless, the shape of any landscape is the result of historical events and processes that need to be taken into account if we want to understand its present form and assess its future potential and development. Thus, it will be necessary to include in the following thoughts historical perspectives which will help to explain how and why certain concepts, methods and research practices arose in the context of Philippine archaeology and came to determine our picture of Philippine prehistory.

Dynamics of the regulatory function of Ukrainian lawin the context of European and international legal harmonization

2021 ◽  
pp. 49-56
Author(s):  
Roman Zvarych ◽  
Bohdan Hryvnak
Keyword(s):  
International Law ◽  
European Integration ◽  
Practical Significance ◽  
Regulatory Function ◽  
Scientific Article ◽  
Legal Systems ◽  
Legal Analysis ◽  
Council Of Europe ◽  
European Union Law ◽  
Legal Harmonization

Purpose. The purpose of the work is a comprehensive theoretical and legal analysis of the main problems of the dynamics of the regulatory function of Ukrainian law in the context of European integration and international legal harmonization. Method. The following theoretical methods of scientific knowledge were used in the study: the method of scientific analysis; system-structural; historical and legal; axiological; comparative law; formal-legal and method of generalization. Results. The scientific article highlights the process of transformation of the regulatory function of modern Ukrainian law in the context of its approximation to EU and international law. In the course of the research it was proved that in the issues of the European integration course the leading role belongs to the principles of realization of the regulatory function and regulatory influence. In particular, the implementation of the principle of the primacy of international law is for Ukraine a political and legal guarantee of stable relations with Europe and the world, as well as a legal means of protecting its legitimate interests. On the basis of the main principle of priority of norms of international law, such derivative principles of interaction of legal systems of the Council of Europe and Ukraine as: a) the principle of the rule of law should be developed; b) the principle of interconnectedness and complementarity of the law of the Council of Europe and Ukraine; c) the principles of cooperation, good faith fulfillment of obligations to the Council of Europe and the principle of mutual protection of human rights. Scientific novelty. The study found that the regulatory function of law, despite the narrowing of its scope at the domestic level and within national legal systems, has expanded its scope at the international and European levels, and especially at the level of European Union law. In this case, in the latter case, it interacts most closely with the integrative function. Practical significance. The results of the research can be useful for further general theoretical and applied research of the dynamics of the regulatory function of Ukrainian law in the context of European and international legal harmonization.

scholarly journals ISSUES OF LAW ENFORCEMENT PRACTICE ON THE USE OF SPECIAL EQUIPMENT FOR PHOTO AND VIDEO RECORDING FOR IMPOSING ADMINISTRATIVE LIABILITY FOR TRAFFIC VIOLATION: COMPARATIVE AND LEGAL ANALYSIS OF LEGAL RULES ON ADMINISTRATIVE LIABILITY IN THE RUSSIAN AND FOREIGN LAW

2015 ◽  
Vol 1 (4) ◽  
pp. 0-0
Author(s):  
Наталия Сухарева ◽  
Nataliya Sukharyeva ◽  
Павел Падеров ◽  
Pavel Paderov
Keyword(s):  
Video Recording ◽  
Legal Regulation ◽  
Technical Equipment ◽  
Federal Republic Of Germany ◽  
Legal Analysis ◽  
Automatic Equipment ◽  
Special Equipment ◽  
Legal Rules ◽  
Traffic Violation ◽  
Administrative Proceedings

This article deals with the problem of using special technical equipment for automatic recording of traffic violations. The article draws attention to certain important issues concerning administrative liability of vehicle possessors (owners), when a traffic violation is recorded by special automatic equipment, in particular: special characteristics of a subject of administrative offense, exceptions to the «presumption of innocence» principle; peculiarities of administrative proceedings in such cases. When writing this article the authors used the method of comparative legal analysis. The article contains comparative analysis of administrative legal rules of the Russian Federation, and those of the Federal Republic of Germany and the Republic of Belarus. The main conclusion of the study performed is that lawmakers have not sufficiently examined the issue of imposing administrative liability on vehicle owners for the offenses, recorded by special technical equipment, operating in the automatic mode, which leads to some problematic aspects in legal regulation of relevant administrative relations.

Principles of liability under the Polish Criminal Code for behavior relating to the termination of pregnancy undertaken in Poland and the Czech Republic

2020 ◽  
Vol 20 (1) ◽  
pp. 237-264
Author(s):  
Olga Sitarz ◽  
Anna Jaworska-Wieloch
Keyword(s):  
Czech Republic ◽  
Legal Status ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Termination Of Pregnancy ◽  
Legal Analysis ◽  
The Czech Republic ◽  
The Third ◽  
Legal Situation

Summary The article explores the problem of significance the termination of pregnancy in the context of criminal responsibility. In the first step, the legal analysis is focused on establishing the change of legal status connected with abortion and all the consequences for criminal responsibility. The second section refers to the current act, trying to find the answer how to recognized the termination of pregnancy. The third part refers to legal situation in Czech Republic at this area. Finally, some reflections on the criminal liability for the place of the offence have been presented. The possibility of conviction for abortion in a country where it is legal should be examined..

O VIDOVDANSKOM USTAVU IZ NEKOLIKO PERSPEKTIVA

2021 ◽  
Author(s):  
Aleksa Nikolić ◽  
Keyword(s):  
Constitutional Law ◽  
Legal Analysis ◽  
Before And After ◽  
The Subject ◽  
Points Of View ◽  
The Creation

From the creation until the adoption of the Constitution of 1921 (the so-called Vidovdan Constitution), the Kingdom of Serbs, Croats and Slovenes wandered aimlessly in the constitutional provisional for almost three years. The Vidovdan Constitution finally established some kind of legal organization of the newly formed state. However, the subject of this paper will not be the analysis of social and political circumstances before and after the adoption of the Vidovdan Constitution, but the author will analyze different views on the Vidovdan Constitution from the pens of the most important Serbian, Croatian and Slovenian constitutional lawyers. In that way, through a comprehensive comparative legal analysis, a big step will be made towards shedding light on all the problems that burdened the newly formed kingdom from the start, and which were a stumbling block in building stable relations between Serbs, Croats and Slovenes. Based on the analysis of the mentioned different points of view on the Vidovdan Constitution, the author will point out the most controversial elements of the biggest names in the constitutional law of Serbia, Croatia and Slovenia and report certain conclusions about the nature and character of the Vidovdan Constitution.

David Currie and German Constitutional Law

2008 ◽  
Vol 9 (12) ◽  
pp. 2081-2094
Author(s):  
Peter E. Quint
Keyword(s):  
Federal Republic ◽  
Constitutional Law ◽  
Constitutional Court ◽  
Federal Republic Of Germany ◽  
Major Work ◽  
Basic Law ◽  
Federal Constitutional ◽  
German Constitutional Court ◽  
German Constitutional Law ◽  
Constitutional Jurisprudence

Without much doubt, the two great pillars of American scholarship on the German Basic Law and the jurisprudence of the Federal Constitutional Court are (in the order of first appearance) Donald Kommers's monumental casebook, The Constitutional Jurisprudence of the Federal Republic of Germany and David Currie's magisterial treatise, The Constitution of the Federal Republic of Germany. Professor Kommers's comprehensive work was a milestone in a long career that has been very substantially devoted to the study of German constitutional law. In the late 1960s, Kommers spent a research year at the German Constitutional Court and, drawing in part on personal interviews with the justices, he published the first major work in English on that court. Since then, Kommers has produced a steady stream of significant works on German constitutional law.

Staat – Religion – Recht

2020 ◽  
Keyword(s):  
European Union ◽  
Human Rights ◽  
State Government ◽  
Constitutional Law ◽  
70Th Birthday ◽  
European Perspective ◽  
European Union Law ◽  
Legal Policy ◽  
Legal Problems ◽  
Broad Field

Gerhard Robbers is one of the most distinguished scholars in the field of constitutional law on religion in Europe. At the same time, he dedicates himself to several other legal topics. On the occasion of his 70th birthday and in order to honour him as teacher, scholar and practitioner, the “Festschrift” brings together contributions covering his fields of work: State and religion, fundamental questions of state government, constitutional law, European Union law, fundamental and human rights as well as legal policy. The 61 contributions are written in German and English, and address both basic as well as highly topical legal problems. The “Festschrift” has a clear focus on State and religion from a national, comparative and European perspective. This way, it constitutes one of the most comprehensive works in this broad field of law. With contributions by Arnd Arnold, Sima Avramović, Johannes Barrot, Frauke Bronsema, Peter Bülow, Engin Ciftci, Sabine Dahm, Kerstin von der Decken, Franz Dorn, Horst Ehmann, Achilles C. Emilianides, Arndt Faatz, Silvio Ferrari, Lars Friedner, Angelika Günzel, Christian Heitsch, Reinhard Hendler, Ansgar Hense, Mark Hill, Ekkehard Hofmann, Alexander Hollerbach, Friedhelm Hufen, Iván C. Ibán, Christina Ioannou, Blaž Ivanc, Siegfried Jutzi, Urs Kindhäuser, Merilin Kiviorg, Matti Kotiranta, Volker Krey, Javier Martínez-Torrón, María Concepción Medina González, Francis Messner, Andreas Mühling, Hans-Friedrich Müller, Eckhard Nagel, Lina Papadopoulou, Christian Pernhorst, Richard Potz, Alexander Proelß, Matthias Pulte, Thomas Raab, Michael Rahe, Thierry Rambaud, Miguel Rodríguez Blanco, Martell Rotermundt, Matthias Ruffert, Thomas Rüfner, Michał Rynkowski, Balázs Schanda, Meinhard Schröder, Harald Schroeter-Wittke, Gábor Spuller, Henning Tappe, Emanuel Tavala, Rik Torfs, Antje von Ungern-Sternberg, Heinrich de Wall, Karin von Welck, Joachim Wieland, Michael Wiener, Wolfgang Wieshaider and Arne Ziekow.

scholarly journals Individuals in a pluralist world: The implications of counterterrorist sanctions

2013 ◽  
Vol 2 (2) ◽  
pp. 218-236
Author(s):  
CHRISTINA ECKES
Keyword(s):  
European Union ◽  
Security Council ◽  
Popular Sovereignty ◽  
European Union Law ◽  
Legal Situation ◽  
Domestic Courts ◽  
Un Security Council ◽  
Legal Position

AbstractCounterterrorist sanctions against individuals are a prime example of pluralism. Multiple claims of constitutional authority (in resolutions of the UN Security Council, under European Union law, and national law) assume to govern the same legal situation. Choosing between these different authorities has great implications for the legal situation of individuals. This paper analyses the legal position of individuals facing this plurality of claims of constitutional authority and how their rights are largely dependent on the choices of domestic courts. Attention will be given not only to procedural and judicial rights but also to the broader implications of individual sanctions as an example of pluralism. What does it mean for popular sovereignty? Do patterns or guidelines emerge of how courts should address multiple claims of authority? The paper takes into account the latest amendments of the UN sanctioning procedure (Resolutions 1988 and 1989 (2011)).

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