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Juridical Tribune (Tribuna Juridica)

2011 - 2020

From Bucharest Academy of Economic Studies, Law Department
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Volume 10, issue 1, 2020

Constitutional pluralism and legal perspectivism in European Union law Abstract: During the past decade, new theories of (constitutional) pluralism have challenged the classic authority and primacy of EU law as asserted by the classic jurisprudence of the Court of Justice of the European Union. This school of thought, represented by many different authors, has tried to construct a new horizontal relationship between legal orders and European supreme jurisdictions. Constitutional pluralism has enjoyed doctrinal success but also received harsh criticism. This study reviews the most important literature and argues that the (constitutional) pluralism diverse strands of scholarship represent a continuation of what, in philosophical terms, can be termed “legal perspectivism” as conceptualized by Spanish philosopher Ortega y Gasset in 1923. It explores the question when EU law should have higher authority and primacy over national constitutional laws from both classic and new perspectives. No legal theory of EU constitutional law has so far been universally accepted by all actors. It concludes with the finding that the critique to the unconditional authority of EU law that constitutional pluralists have brought to the European field is still alive and extremely relevant both in theory and in practice. Classification-JEL: K10, K33 pp. 5-35 Downloads
M. Elvira Mendez-Pinedo
Totalitarianisms and the establishment of objective legal order Abstract: The order of liberal political systems is the result of the dialectic between objective and subjective. It is based on the understanding of freedom as a formal, constitutive condition of society. Totalitarianism denies this dialectic, while altering at the same time the objective and the subjective meanings of order. This is why they cannot be valid legal orders, either in the objective sense, or in the subjective sense. The purpose of our study is to analyze the arguments that support the idea that the “concrete” orders of totalitarian regimes cannot be considered objective legal orders. The arguments are structured in four directions of analysis: 1. basing totalitarian order on legitimacy eliminates the need for legality; 2. totalitarian order is not a system of norms, but one of forces; 3. in totalitarian orders the distinction between norm and measure is no longer made; 4. the rules generated by totalitarian order are no longer the result of any institutionalization. The conclusion that emerges from these arguments is that in totalitarian systems objective law does not exist validly. If the Nazi and the communist languages still retain the term “law”, totalitarian thinking destroys the very concept of law pp. 36-55 Downloads
Dan Claudiu Danisor and Madalina Cristina Danisor
Interest in the context of tax relations: traditional approach and trends of tax management development pp. 56-68 Downloads
Liubov Kasianenko, Iryna Shopina, Mariia Karmalita and Dmytro Muliavka
The legal nature of the individual employment contract in the spirit of Kosovo's integration in the European Union Abstract: As a legal notion, freedom of work and the right to work are respectively the freedom and the right to work or not to work. This thesis is closely related to the action rule of the labour market supply and demand law. Kosovo, on national level, has promulgated a number of laws deriving from labour law, adapting them to international laws and European Union standards. This approach of Kosovo has to do more with its needs and aspirations to join international organizations. The purpose of this paper is the research through statistical data and facts published in the annual reports of state bodies and nongovernmental organizations on the practical implementation of the European Union and the International Labour Organization labour legislation and standards in the Republic of Kosovo. Empirical character research findings have concluded that labour rights violations in Kosovo are evident and widespread both in the public and private sector, without exception, and these labour rights violations continue pp. 69-79 Downloads
Avdullah Robaj
Personal data protection and liability for damage in the field of the internet of things pp. 80-93 Downloads
Kateryna Nekit, Denis Kolodin and Valentyn Fedorov
The natural environment. The development of an institutional protection framework - a permanent concern of the European Union pp. 94-101 Downloads
Andreea Stoican
Experience of border guard units of the leading countries in countering terrorism and prospects for its implementation by the state border guard service of Ukraine pp. 102-115 Downloads
Roman Liashuk and Valeriy Vychavka
The Brexit consequences on the European single market pp. 116-129 Downloads
Gabriel Liviu Ispas
The legitimacy of acquisition of state territory pp. 149-161 Downloads
Leonid Tymchenko
Internet fraud and transnational organized crime pp. 162-172 Downloads
Nadiia Shulzhenko

Volume 9, issue Special, 2019

Effect of the European Court of Human Rights case-law on judgments of Polish courts in the crime of hate speech pp. 5-14 Downloads
Dorota Habrat
Legal issues of development of organic farming in Ukraine Abstract: The theoretical principles of organic farming development in Ukraine are substantiated. The concept and features of the land for organic farming, especially the legal regime of such land are revealed. The analysis of legal forms of land use for organic farming was carried out. The main advantages of using an organic land plot on the basis of emphyteusis are analyzed. The subjects of land use for organic farming have been investigated. The prospective directions are determined and proposals on the improvement of the current legislation of Ukraine are developed. These include the development and approval of criteria for determining the suitability of agricultural land for use in the process of organic farming, resolving at the legislative level issues related to soil conservation and the protection of their fertility, the development and approval of norms of their qualitative condition that would meet the requirements of cultivation organic products of plant origin. In addition, there is a need for legal separation of agricultural land on which organic products are grown, taking into account the specific use of these lands and establishing their special legal regime pp. 15-28 Downloads
Dmytro Fedchyshyn, Iryna Ignatenko and Oleksandr Bondar
The EU Arctic policy and its critique: a view under Tocci´s theory on foreign policy and normative power (Part 2) Abstract: What is the role of the European Union (EU) in the Arctic region? On what basis does it claim influence and/or authority (if any) over part of this vast area of the world? What can we learn about EU Arctic policy, tools and instruments adopted so far? Is the EU a normative foreign policy actor as described by Tocci´s theory? What factors do influence the adoption and validity of EU policies in this region? This study tries to reply to all these questions casting a light over an area of great geostrategic importance and at the crossroads of historic developments. In a first part we study the current EU Arctic policy and assess its strength and weaknesses according to literature. In a second part we summarize Tocci´s theory on kinds of normative policy actors and examine what kind of power is the EU exercising in the region pp. 29-46 Downloads
M. Elvira Méndez-Pinedo and Alesia Fralova
The object of criminal law Abstract: In current criminal law doctrine, the prevailing opinion is that criminal law regulates both the criminal offence and the punishment. Moreover, this opinion coexists with another, according to which criminal law regulates a subjective right of the state to punish and therefore generates a “legal relationship” between the state and the offender. Such opinions are, however, fallacious and, in order to clarify the matter, the author provides an insight through the philosophy of law, helping her highlight several aspects, such as: the fact that the sanction is not a juridical (legal) norm element; the fact that any juridical (legal) norm comprises a precept and a hypothesis; the fact that two vast categories of juridical (legal) norms can be distinguished, namely “determining norms”, which regulate obligations, and “sanctioning norms” (coercive ones), regulating sanctions etc. Next, by analysing the criminal provisions, from this perspective, the author formulates five conclusions, as follows: the fact that there is no “subjective right” to punishment; that fact that a criminal offence is not “regulated” (legislated), but forbidden by the law; the fact that the object of criminal law has to be determined starting from general criminal norms instead of incriminating norms; the fact that criminal law is self-regulating (it sets forth the scope and content of criminal laws); the fact that the punishment is the fundamental notion in any criminal law pp. 47-59 Downloads
Mioara-Ketty Guiu
Challenges and perspectives of administrative judiciary in the Republic of North Macedonia Abstract: The development of administrative judiciary in the Republic of North Macedonia went through various phases after its independence in 1991. 16 years after its independence, in late 2007 the Administrative Court was established as one of the holders of the judiciary in judicial system. Before the establishment of this court, the administrative dispute was under the jurisdiction of the Supreme Court. The Administrative Court appears as a guarantor for exercising the rights guaranteed by the Constitution and the laws before the administrative bodies, which provide court protection in the event of an unlawful conduct by the administration. For this reason, administrative justice plays a key role in the lives of citizens who seek it when they consider that state authorities are preventing the enjoyment of a constitutional or legal right, or that they are imposing an obligation outside the legal rules. With this paper the author by explaining the process of development of the administrative judiciary using: normative legal method, comparative legal method, systematic and objective interpretative methods, will focus on the specific analysis of ineffectiveness of administrative justice in the practice, which is due, first of all, to the lack of a mechanism for implementing the judgments of the Administrative Court pp. 60-76 Downloads
Jeton Shasivari
The Constitutional Court of Ukraine as the main actor in safeguarding of the Constitution pp. 77-92 Downloads
Ivan Pankevych and Iryna Sofinska
The US antitrust jurisprudence through the lens of Chicago School and the Transaction Costs Economics Abstract: In the mid-70s, the US antitrust jurisprudence finally embraced the economic approaches developed at the University of Chicago on the 30s. The Chicago School of Economics has as its main characteristic the defence of the private economy and of a limited intervention of the government, which underlies the idea that individual freedoms depend on the existence of a system based on private initiative and market economy, affirming the interdependence of capitalism and democracy. This School was fiercely against the excessive intervention of competition authorities and courts in competition, to which attributed as final goal purpose efficiency maximization. From a methodological point of view, Chicago School will be renowned by the importance of neoclassical pricetheory and empirical analysis. Later, within New Institutional Economics, will rise another economic analysis, such us Transaction Costs Economics and Property Rights Theory, that even though receiving minor attention from the literature, being until now strangely excluded from the economic and legal mainstream of the competition, will also inspire Antitrust Law. The Transaction Costs Economics will demonstrate that the transactions that make up the market are conditioned by the constraints of behaviour and information, giving rise to transaction costs that make markets imperfect. The institutions in this School are, therefore, structures that, by influencing individuals' behaviour, mitigate market imperfections, becoming indispensable in economic analysis. The analysis of these economic approaches will reveal that both gave the utmost importance to transaction costs, as Chicago School, without explicitly mentioning transaction costs, also considered it in antitrust analysis. In this paper, we aim at demonstrating that this proximity between Chicago School and Transaction Costs Economics is reflected in US antitrust jurisprudence. Therefore, it is pertinent to begin by summarizing the main arguments developed by these economic theories, which later received merits by the courts, thus making more evident the effect they had on US antitrust jurisprudence, often ignored by literature. As we will conclude the US antitrust analysis is performed by the Courts through lens of Chicago School and Transaction Costs Economics. Classification-JEL: K22 Keywords: Chicago School, antitrust jurisprudence, Transaction Cost Economics, Property Rights Theory pp. 93-109 Downloads
Sónia de Carvalho
Commercial law developments in Yugoslavia with a focus in the Socialist Republic of Macedonia and Albania Abstract: Commercial law is an abstract definition in a central planned economy, but Yugoslavia had a system of its own and in the economic history books it has always a special chapter. It all started with the planned system economy, but very early Yugoslavia followed its own path, namely workers' self-government and a special property form, the so-called social property. Albania instead followed the path of all socialist countries – central planned economy and socialist property. This system can be considered a definition of administrative socialism or etatism.3 This manuscript aims to analyze the commercial reforms in Yugoslavia, Macedonia and Albania and its consequences towards free market economy. A historic and deductive method will be used to analyze the legal reforms that made Yugoslavia a specialty in the communist block. Classification-JEL: K20, K22, K23 Keywords: Yugoslavia, Macedonia, Albania, commercial law, property. Journal: Juridical Tribune (Tribuna Juridica) pp. 110-116 Downloads
Endri Papajorgji and Rezarta Tahiraj
Adaptation of Ukrainian legislation on drug trafficking control to the European Union legislation (separate aspects) Abstract: Certain aspects of the adaptation of regulatory legal acts of Ukraine in the field of drug trafficking control to EU legislation were studied. The basis of this study uses an interdisciplinary approach using comparative legal, dialectical and systemic methods. Emphasis is placed on the fact that the world community does not have a unanimous opinion on legal issues and areas of the modern drug control regime that would meet the needs of the social and legal society and the current state of the drug situation in the countries of the world, and health problems. It was established that the adaptation of the regulatory legal acts of Ukraine in the field of drug trafficking control, the fight against their use and treatment of drug addiction of patients should be based on the implementation of public health programs. In its areas, should include the prevention of disease, prolonging life and improving the health and well-being of the entire population, including drugaddicted patients, for whom the state has an inherent responsibility. Ukraine participates in Council of Europe conventions which establish common standards for this organization and the European Union, it is important for the legal regulation of drug control in the health field, but some norms of national legislation require consistency with the norms of UN Conventions, and it is important to use positive legislative experience of selected countries of the European Union. It is proposed to amend the regulatory legal acts that will improve legal ways to protect people's rights to health protection. Classification-JEL: D86, K23, K33, K38 pp. 117-126 Downloads
Oleksandr Shevchuk, Sergii Mokhonchuk and Igor Papusha
An analysis of the role-players in the enforcement of the Zimbabwean insider trading laws pp. 134-156 Downloads
Howard Chitimira and Pontsho Mokone
Comparative analysis of the legislative standards of examination by the Criminal Procedure Code of Ukraine and the Russian Federation Abstract: The scientific article is devoted to the investigation of the examination of a person as a form of investigative actions, which is provided in Russian and Ukrainian legislations. The subject of the study is the criminal procedural legal relations between the participants of examination based on the norms of the Criminal Procedure Code (CPC) of Ukraine and the Criminal Procedure Code (CPC) of Russian Federation (RF). Objectives of the study - the analysis of the existing legislative norms in the criminal procedural codes of RF and Ukraine, as well as, on their basis, the development of new and improving of existing procedural, organizational and tactical measures used in the examination of a person aiming to improve its quality and effectiveness are the subject of the examination. The methodology of the article consists of comparative, formal-logical, statistical and sociological methods. The shortcomings and gaps in its legislative implementation are noted and ways of their solution are presented. The author's approach to conducting examination of a person is proposed with the aim of improving the regulatory and legal regulation of the conducting the examination in the CPC of Ukraine. Classification-JEL: K14, K30, K41 Keywords: procedural actions; examination of a person; distinguishing characteristics; traces of crime; witnesses; compulsion; protocol. Journal: Juridical Tribune (Tribuna Juridica) pp. 157-171 Downloads
Andrii Kuntii, Roman Blahuta and Oleksii Avramenko

Volume 9, issue 3, 2019

Brexit - the 2016 referendum on European Union membership Abstract: This article explores the Brexit referendum, focusing on the political events that led to the vote, namely, the Conservative Party’s return to power, David Cameron’s attempts to appease the European divide within his party and the role played by the British Parliament in the whole process. It then discusses whether the referendum was the most suitable way to decide on European Union membership, considering the sovereignty of the British Parliament, as well as the contrast between representative democracy and direct democracy pp. 519-534 Downloads
Antonio Goucha Soares
EU Integrated Maritime Policy and multilevel governance Abstract: Marine and coastal environment are under pressure from several pollution sources. Most of the environmental law was developed on a sectoral basis and does not reflect the interdependence of the various issues and their solutions. Since the adoption of Blue Book, EU legislation to protect the marine environment has been progressively implemented in many relevant areas: Fisheries, Shipping, Tourism, energy, etc. The Integrated Maritime Policy covers several cross-cutting policies, more specifically blue growth, marine data and knowledge, maritime spatial planning, integrated maritime surveillance, and sea basin strategies. Oceans and sea are influenced by many activities, interests and policies and are interlinked. A holistic, integrated approach is the best way to handle maritime affairs, with States cooperation not only on an EU States basis but also with third States and International Organizations. International Organizations provide an essential forum for international cooperation in relation to environmental issues. In this context they have two important roles to play: environmental policy-making and the development of international environmental law pp. 535-548 Downloads
Fátima Castro Moreira and Bárbara Magalhães Bravo
Workers’ rights. A new perspective Abstract: What will be the effects of the current trend in Labour Law of emancipation from the constraints of contractualism? Could the worker be regarded as other than a contracting party and his/her actions be addressed beyond purely contractual rights and obligations? The worker does not limit himself/herself today to the performance of the work tasks, but acts as a citizen in the workplace; it is a reality calling for new theoretical approaches, away from the contractual constraints. The individualization of labour law appears as the result of the evolution of the rules of labour law, which contributes to promoting the figure of each employee as an independent and unique human being. This paradigm shift also generates changes in the relationship between labour law and human rights protection; none of the two being currently estranged from the orientation towards the individual (and not to the collectivity). Labour law cannot resist to post-modern, individual-centred approaches that shift the focus from the group – to persons, recognizing (and celebrating) the uniqueness of each of them. The paper offers an approach to the rights of the worker from the perspective of human rights, by investigating the advantages and disadvantages of such an extension. It seeks to identify the obstacles between the two categories of rights and the extent to which they could be overcome pp. 549-558 Downloads
Raluca Dimitriu
“Human security” as a new concept of international security of the 20th century pp. 559-573 Downloads
Elvira Titko and Myroslav Kurtynets
New trends in multi-faced corruption - a continuing obstacle for fair business in Bulgaria: our response pp. 574-582 Downloads
Dobrinka Chankova
Individualization and development of international investment law as the third millennium law field pp. 583-588 Downloads
Cristina Elena Popa (Tache)
Non-recognition of states as a specific sanction of public international law pp. 589-598 Downloads
Adrian Corobana
Bulgarian perspectives on the abuse of rights in lights of the Directive 2011/7/EU on combating late payment in commercial transactions Abstract: The subject matter of this research is the abuse of rights in context of the late payment in commercial transaction. The abuse of rights as a law concept is well known in continental law families dates back to ancient Roman law. Considering the vision of the Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transaction the Bulgarian legislation offers a new point of view of that concept which is currently been discussed in this article as a new law concept. That point of view has been considered by the author as an abuse of interests instead of abuse of rights. That vision was legislative introduced by the provisions of Art. 303a, paragraph 1-2 BCA and Art. 309a, paragraph 3 BCA in response to the requirement of acquis communautaire. As well as the abuse of interests is considered as a new law concept there is a necessity of a clear explanation of that notion and criteria for distinguish it from the old concept of the abuse of rights pp. 599-606 Downloads
Zhana Koleva
Legal treatment of franchise in Northern Macedonia and Republic of Kosovo Abstract: In this paper, franchise is treated as a way of transferring knowledge and experience as well as trademarks. The concept of exclusivity is most often defined as a method of marketing goods and services. Of course this kind of definition is insufficient. Franchising is more than a method of distribution, a specific way of financial impoverishment of meaning without an investment of its capital by the franchise. The business people franchising system gives the experience and the right approach to the methods and enables them to gain from the brand reputation that defined the reputation. This paper aims to highlight the importance of legal treatment, as the franchisor enables the legal circulation not only of goods and services but also of rights such as trademarks. The focus of legal treatment is on the Republic of Northern Macedonia and Kosovo. For these two countries, we have also presenting franchise data. In this paper besides the historical aspect, I am also analyzing the legal sources related to franchising in the European Union. These two states have an obligation to bring their legal systems into line with those legal sources that apply to European Union law pp. 618-627 Downloads
Adnan Jashari and Egzone Osmanaj
Exemption from liability according to the art. 79 of the Convention on International Sale of Goods (CISG) pp. 644-658 Downloads
Tugce Oral

Volume 9, issue 2, 2019

Commercial law in Macedonia after 1990 Abstract: With the Declaration of Independence of 17.11.1991 and the entry into force of the Constitution on 20.11.1991, Macedonia was free to draft its own legislation. But the difficult internal and external situation, the unofficial imposition of the Greek embargo since the end of 1991, and the UN embargo on Yugoslavia, which brought losses of US $80 million a month to the new state, had a negative impact on the legislative process. The 1990 (!) amended Yugoslav company law of 1988,4 which replaced the Organization of Associated Labour as a basic economic subject with the "commercial companies" as a new legal concept,5 organized the economic life in public companies and limited liability companies. All Art.s that regulated the economic organizations in Yugoslavia were abolished. This amendment was in force until 30.5.1996. In this sense, main objective of this manuscript is the analysis of the commercial law reforms in Macedonia after the fall of communism towards a free market economy and EU membership pp. 276-282 Downloads
Endri Papajorgji and Rezarta Tahiraj
Much ado about the Post-Chicago School Abstract: In the middle of the 80s, an economic approach, that brings together a group of academics that stand out by the harsh criticisms to the approach of the School of Chicago towards competition, arouses interest among the scholars. This school will call into question some of the foundations and justifications presented by the Chicago School, by questioning, in first place, the single monopoly profit theory. In this sense, these authors will develop a set of models designed to demonstrate that the monopolist in the primary market has incentives to monopolize the secondary market. This School will also analyse the vertical restraints, standing out the development of Raising Rivals´ Costs Theory and offer an explanation for free-riding. The Chicago School, on the other hand, is a coherent and heterogeneous economic school, responsible for the theory of oligopoly and collusion, which, by advocating the criminalization of price fixing, proceeded to analyse the anticompetitive effects of predatory pricing and various restrictions vertical. In this paper, we aim at demonstrating that the roots of the Post-Chicago School go back to the Chicago School, highlighting the contributions of Director and Levi in the construction of the Raising Rivals´ Cost Theory and, considering the connection between the Chicago school and Transaction Costs Economics, the most complete empirical analysis of this theory led by Elizabeth Granitz and Benjamin Klein. The continuous omission of the Transaction Costs Economics, considering the steadiness between both, is one of the most negative aspects of this school, which can only be explained by the fact that heterogeneity of the Chicago School and Transaction Costs Economics unmask much of the criticism knitted. Post-Chicago School, as we will conclude, will be incapable of thwarting the ideological premises of the Chicago School pp. 283-297 Downloads
Sónia de Carvalho
Overview on the legal instruments of the Council of Europe in the field of administrative law Abstract: The interest in administrative justice has been growing in many countries recently. At the core of an accountable and transparent administration is the right to effectively challenge acts and decisions that affect civil rights and obligations, and so also the daily life of individuals. Effective means of redress against administrative decisions require a functioning system of administrative justice that provides fair trial guarantees. Administrative justice is not limited to the guarantee of citizens’ rights. Its justification also lies in the necessity to defend the public interest and to guarantee a balance between individual rights and the public interest. An administrative-court proceeding should be public, held within a reasonable time, undertaken by an independent and impartial tribunal established by law, and result in an enforceable judgment that shall be pronounced publicly. In addition to interpreting the rights, the Strasbourg Court has pointed out that it must be borne in mind that the European Convention on Human Rights (ECHR) is intended to guarantee rights that are practical and effective. This paper will analyze the certain provisions of the European Convention on Human Rights regarding mainly with the right to a fair trial and the right to an effective remedy and will try to give a concise retrospective to some of the most interesting cases of administrative nature decided by the European Court of Human Rights. Further, it will emphasize the framework of the Council of Europe of existing and applicable recommendations in the area of administrative law starting with alternative ways of resolution of administrative disputes and giving closure with execution of administrative and judicial decisions. Classification-JEL: K23, K33 Keywords: recommendations; administrative dispute; judicial control; fair trial; effective remedy; public authorities pp. 298-316 Downloads
Blerton Sinani
Protecting the rights of foreigners to investment-attractive land plots in Ukraine Abstract: The normative legal acts that define the basic guarantees and which are based on protection of foreign investments in Ukraine are analyzed. The emphasis is on the special legal regime of economic activity in the special (free) economic zones, on the territory of which are implemented preferential customs, monetary, financial, tax and other conditions of economic activity of foreign legal entities and individuals. It is determined that industrial parks are one of the most common types of special economic zones. The procedure of acquiring ownership of land plots, which is planned to be used for creation and functioning of the industrial park and subjects of the special regime of management within the industrial park, is considered. Classification-JEL: D86, K11, K22, P48, P14 pp. 317-329 Downloads
Dmytro Fedchyshyn, Iryna Ignatenko and Oleksandr Bondar
The EU Arctic policy and its critique: a view under Tocci´s theory on foreign policy and normative power (Part 1) pp. 344-362 Downloads
M. Elvira Méndez-Pinedo and Alesia Fralova
Two faces of “international administrative law” Abstract: The term “international administrative law” (diritto amministrativo internazionale, droit administratif international, internationales Verwaltungsrecht) remains an enigma of public law. Since the 1900s, the term has been traditionally understood in two different ways. On one hand, some authors (J. Gascón y Marín, P. Kazansky, A, RapisardiMirabelli) used this term regarding the administrative competencies of those various “international administrative unions”. On the other hand, other authors (P. Fedozzi, K. Neumeyer, G. Biscottini) used the term to exclusively refer to the norms of national administrative law, which address certain foreign elements; i.e. as a parallel to the discipline of international private law. This article deals with these two different understandings of “international administrative law” and with their impact for recent developments in legal scholarship. The article also addresses currently renewed interest in the “international administrative law” and its consequences for the newly established doctrine of “global administrative law”. Classification-JEL: K23, K32 Keywords: international administrative law, international administrative unions, law of international organizations, delimiting norms, global administrative law pp. 363-376 Downloads
Jakub Handrlica
Controversies traced out in the definition of prostitution in the Moldovan legislation Abstract: Practicing prostitution in the Republic of Moldova is an administrative offence. Thereat, any attempts of enticing, coercing or facilitating engagement of a person into practicing prostitution is regarded as an offence of pimping. Likewise regarded as an offence of pimping is the case when the offender is taking advantage of recruiting certain persons into practicing prostitution. In October 2018, the Parliament of the Republic of Moldova proceeded to pass a law giving the following definition to the notion of “prostitution” – gratification of sexual desire of a person by any method and/or means in return for money, including such as the use of information technologies or electronic means of communication. Thereat, one could derive that dissemination of the erotic webcam performances via the Internet for certain category of website visitors against payment might constitute prostitution. Clearly highlighted in present article was the fact that the like activities constitute pornography rather than prostitution. Prostitution require a physical contact. The authors have demonstrated that the definition of prostitution provided by the law contravenes to the case law of the Constitutional Court of the Republic of Moldova as well as to some of the regulations passed under the auspices of the Council of Europe and European Union. Finally, the authors suggested a new wording for the notion of prostitution, i.e.: engaging in sexual activity with different individuals benefiting on the services provided by female or male prostitutes, the latter thus pursuing to acquire the means of subsistence or the main source of livelihood pp. 402-435 Downloads
Vitalie Stati
Problems of implementation of whistleblower institution in Ukraine pp. 436-454 Downloads
Serhii Ivanovych Khalymon and Anatolii Mykhailovych Prytula
Legal regulation of procedure for advance pricing agreements in Ukraine Abstract: Advance pricing agreements (APAs) are globally widespread as an instrument of providing the balance of interests between bona fide taxpayers and fiscal authorities. Ukraine has attempted to use such instrument since the introduction of the transfer pricing control. Nevertheless, no APA has yet been concluded in Ukraine. The authors use methods of comparative legal analysis, historical analysis and legal modelling to describe the evolution of the normative regulation of the procedure for APAs and reveal the factors which have impacted on the attractiveness of APAs for taxpayers. There are also a few propositions on improvement of the procedure for APAs in Ukraine, which are formulated on the basis of best practices of developed and developing countries. Proposed changes concern the opportunity to revise APAs, the introduction of special features in the procedure for APAs in case of their bi - or multilateral character and the alignment of the access to the procedure for APAs in Ukraine pp. 480-491 Downloads
Pavlo Selezen

Volume 9, issue 1, 2019

Scope and limits of the administrative act arbitrability pp. 6-17 Downloads
Bárbara Magalhães Bravo and Fátima Castro Moreira
The arbitral tribunal’s authority to determine the applicable law in international commercial arbitration: patterns and trends pp. 18-32 Downloads
Ramona Elisabeta Cîrlig
Cooperation between member states and Europol pp. 33-43 Downloads
Bogdan Birzu
National cultural heritage built: legislative risks and administrative deficiencies pp. 44-59 Downloads
Cosmin Soare
Types of international arbitral awards and their effects, focusing on two case studies: arbitral award on case "La Petrolifera Italo-Rumena" vs Republic of Albania (2007) and arbitral award on case "DIA Ltd. vs OSHEE sh.a" (2015) pp. 60-69 Downloads
Artan Spahiu
On call (zero-hour) contractual arrangements: a new form of employment. Elements of compared law pp. 70-78 Downloads
Mihaela-Emilia Marica
Some specific aspects concerning the company by shares pp. 79-90 Downloads
Ana-Maria Lupulescu
(R)evolution of the insolvency law in a globalized economy pp. 91-112 Downloads
Ionel Didea and Diana Maria Ilie
Investor protection and stock market development. Empirical approach on the European Union case pp. 113-125 Downloads
Marius Cristian Milos and Laura Raisa Milos
A brief survey on law and economics of contract law pp. 126-136 Downloads
Yusuf Sertaç Serter
Criminalizing fraud affecting the European Union's financial interests by diminution of VAT resources pp. 137-146 Downloads
Georgiana Anghel-Tudor
Aspects that need to be clarified through criminal investigation in the case of crimes regarding traffic and illicit drug use pp. 147-156 Downloads
Nicolae Margarit
Discussions on new EU-wide regulations on the posting of workers. Special consideration for Directive (EU) 2018/957 amending Directive 96/71/EC on the posting of workers in the framework of the provision of services pp. 157-162 Downloads
Radu Stefan Patru
Obstructing justice according to the Romanian law. The preexistent elements and the constituent content pp. 163-177 Downloads
Ion Rusu
Comparative analysis between fiducia and other contracts in the Romanian Civil Code pp. 178-190 Downloads
Gunay Duagi
Scope of the simplified procedure regulated by Law no. 151/2015 concerning the insolvency of natural persons in Romania pp. 191-195 Downloads
Ileana Voica
Administrative arbitration in public procurement: a look at Portuguese law pp. 196-205 Downloads
Maria João Mimoso and Maria do Rosário Anjos
Enterprises (companies) and their associations – subjects of anticompetitive practices pp. 206-212 Downloads
Ovidiu Horia Maican
The delay of paying the leasing rates in the current Romanian regulation. Project adopted in 2018. Analysis of comparative law pp. 213-219 Downloads
Silvia Lucia Cristea
The institute of acquiring the right of ownership by acquisitive prescription under Kosovo’s law pp. 220-231 Downloads
Rrustem Qehaja and Armend Ahmeti
Aspects related on the issue of special free estate in relation to the provisions of the Romanian Civil Code pp. 232-245 Downloads
Veronica Stoica and Dragu Laurentiu
Leon Petrazycki and a pluralism of the sources of law pp. 246-260 Downloads
Michal Peno
European Grouping of Territorial Cooperation – a legal form supporting cross-border cooperation in the European Union pp. 261-270 Downloads
Tomas Malatinec and Jan Kyjovsky
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