Spravodlivosť, spoločenstvo, sloboda

E-book

Alexander BröstlMarta Breichová Lapčáková (eds.)

The presented Collection Volume is dedicated to three framework areas, namely justice, community and freedom. These are the thematic areas of the 30th IVR World Congress, on the occasion of which a meeting of its Slovak section was held. The published contributions focus on the main topic of the congress, which is also the central topic of legal and social sciences. Thus, in the Collection we will find reflections on the freedom of the individual in society, its various shades of meaning and forms. The question of the organization of social relations in the form of the degree of participation of citizens in state power in the context of the democratic form of government and its current challenges should not be neglected either. Thus, the institutions of direct and indirect democracy, the dangers of the lures of the so-called totalitarian democracy, or the question of identities in a postmodern pluralistic society. The question of justice in procedural law is not avoided either.

The collection thus provides the reader with a wide area of research from legal-philosophical questions, through questions of the theory of the constitutional state, to their application in legal practice. Geographically, it maps the events in the Central European and wider European area with an impact on their global dimension. The publication can thus become a useful source of knowledge and current developments in jurisprudence and its main topics with the aim of a better understanding of social reality.

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Quantity

978-80-574-0171-1

Data sheet

Method of publication:
E-book (pdf)
Editors:
Alexander Bröstl • Marta Breichová Lapčáková
Document type:
Proceedings of scientific works
Number of pages:
161
Available from:
19.12.2022
Year of publication:
2022
Edition:
1st edition
Publication language:
Slovak
Faculty:
Faculty of Law
Note:
Zborník vedeckých prác vznikol v rámci riešenia projektu APVV-21-0336 – „Analýza súdnych rozhodnutí metódami umelej inteligencie“
License:
Creative Commons BY NC - SA (Uveďte autora - Nepoužívajte komerčne - Zachovajte licenciu )
- Free for download

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Regionalism and Its Contribution to General International Law

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Ján KlučkaĽudmila Elbert

The present monograph "Regionalism and its Contribution to General International Law" was written at the Institute of European Law and Department of International Law, Faculty of Law, Pavol Jozef Safarik University in Kosice, as a part of the project (APVV-O823-11) carried out in 2011-2015, representing one of its final publication utputs. 

The main reason for choosing the topic was to evaluate regionalism in its various relationships and forms with respect to international law, and also to evaluate the place,importance and duties of international law in respect to the establishment and functioning of various forms of regionalgroups.

It is a fact that even though a lot of attention has been paid to regionalism, a more complex evaluation of the impact it has had on international law, and vice versa, is still lacking. The efforts of the present monograph are to partially eliminate this gap.

After giving a brief insight into how regionalism has developed, its content and terminology, the monograph studies in more details individual types of regionalism in the form of old and new regionalism, as well as treaty and institutional regionalism; its specifications and contributions to the international law.

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Zdravotná spôsobilosť zamestnancov

Zdravotná spôsobilosť zamestnancov

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Monika Minčičová - Marcel Dolobáč - Jana Žuľová (eds.)

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Health determines an individual's life in all activities and interests, including the possibility and ability to work. Work and health are in the mutual interaction. Work leads to social inclusion, financial self-sufficiency, finding confirmation of one's own usefulness or achieving personal ambitions. Work can have therapeutic effects, but at the same time it can have an adverse effect on health.

Overlapping factors of work environment, alone or in combination with non-work influences, can lead to illnesses that temporarily or permanently exclude an employee from his or her profession. For these reasons, health enjoys fundamental legal protection as one of the most important values, not only in labour relations.

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Správne právo bez hraníc

Správne právo bez hraníc

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Radomír Jakab-Diana Repiščáková-Eva Berníková

Collection of contributions from the international scientific conference was created as part of the international scientific conference entitled "Administrative law without borders" held on October 19 and 20, 2023 in Tokaj in connection with the solution of the scientific project entitled "Extraterritorial effects of foreign administrative decisions in the conditions of the European Union " supported by a grant from the Scientific Grant Agency under no. 01/187/2022. The main goal of the mentioned project is the scientific investigation of the extraterritorial impact of administrative decisions of the member states of the European Union on the territory of other member states for the purpose of knowledge as well as the subsequent assessment of the need and extent of harmonization of the legislation of the member states of the European Union, perceiving the growing necessity of increasing the degree of free movement of administrative decisions in the conditions of the European of the Union. As part of the research project, an international scientific conference was held under the title "Administrative Law without Borders". At the conference, contributions were presented by members of the investigative team, who are also members of the Department of Constitutional Law and Administrative Law of the Faculty of Law of the University of Pavel Jozef Šafárik in Košice, as well as their colleagues from all over Slovakia, the Czech Republic and Hungary. The main goal of the conference was the presentation and confrontation of knowledge in the field of cross-border effects of administrative acts (primarily in the conditions of the European Union), perceiving the increasingly increasing globalization of law, as a result of which it is no longer possible to perceive national law separately, but in mutual contexts with the legal systems of other states , or with the right of transnational, or international organizations, as well as obligations arising for individual states from concluded international agreements. Individual sections and blocks of the conference also corresponded to this goal, within which not only knowledge from positive-legal disciplines, but also knowledge of a theoretical-legal and historical-legal nature was heard.

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Zelené ambície v podmienkach európskeho a medzinárodného práva

Zelené ambície v podmienkach európskeho a...

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Juraj Panigaj (ed.)

Collection of Contributions from the XVth Student Symposium on International Law and European Law, held on April 22, 2022, in a hybrid format, with the participation of students from the Faculty of Law of Pavol Jozef Šafárik University in Košice and the Faculty of Law of Trnava University in Trnava.

The jubilee XV. year of student symposium from international and European law took place at the University of Pavol Jozef Šafárik, faculty of law, on April 22, 2022, symbolically on Day Earth. This year's event was dedicated to the increasingly pressing issue of environmental protection. The topic "Green ambitions in the light of European and international law" appealed to many students, resulting in several interesting contributions, falling under both European Union law and international law. European law currently brings great challenges, but also expectations through the European Green Deal. This is also why several student contributions dealt with topics falling under the European Green Deal, either from the point of view of its individual initiatives in general, or more specifically, in the intentions of Agenda 2030, or the implementation of the so-called green diplomacy.

The other part of contributions dealt with environmental protection within international law. Students addressed issues of an environmental nature in the areas of climate change, international maritime law, atmospheric protection, or the issue of so-called climate refugees. The publication itself is an output of the APVV project APVV-20-0576 "Green ambitions for sustainable development (European Green Deal in the context of international and national law)".

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Ochrana, prevencia a zodpovednosť v právnych vzťahoch

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Ivan KundrátKatarína SkolodováMonika Minčičová (eds.)

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The continuation of the tradition of an international scientific conference of doctoral students and young researchers have not been exception this year. The Department of Labour Law and Social Security Law, Faculty of Law, Pavol Jozef Šafarik University in Košice, as the organizer of this year's international scientific conference, has chosen a topic entitled "Protection, Prevention and Legal Liability."

Because of the unfavorable epidemiological situation and the cancellation of scientific, professional and other mass events, the conference was transferred to a virtual form. The electronic platform of the conference via online discussion was realized from 3rd to 17th April 2020. The protective function of law, preventive obligations, but also the emerging responsibilities are a vast source of ideas for scientific research, asking questions and finding answers to a range of theoretical and application-law problems in every area of public and private law. Evidence of a generously understood topic is the presented proceedings of scientific papers.

The proceedings, created within the solution of the grant task APVV-16-0002 -Mental Health in the Workplace and Employee Health Assessment, includes various aspects of legal regulation, from academic authors and authors from legal practice. Despite the diversity of the scientific focus, the papers are characterized by a unifying line corresponding to the central theme of the conference and show the interconnectedness of the different areas of law.

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Učíme právo zážitkovo

Učíme právo zážitkovo

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Daniela Lamačková-Renáta Orosová- Beáta Sakalová- Diana Repiščáková

Methodological guide for teachers for classroom lessons and civics Teaching law experientially? Is it even possible? The answers to these questions are provided by a methodological guide that uniquely links experiential learning methods with legal content. This methodological guide is a set of techniques based on the use of interactive and participatory learning methods, focusing on selected human rights and value-oriented topics, which also have the potential to develop other key competences of students, such as their communication skills, their ability to learn and educate independently, their ability to think critically, their ability to work with and analyse texts, their ability to discuss and express their opinions, and their ability to listen to each other. The methodological guide consists of a set of training activities - techniques, while each technique contains a precise description of the procedure for conducting a specific activity, the expected duration of the activity, aids, discussion topics and also a short pedagogical and legal commentary, precisely "tailored" to the specific legal topic. The legal topics are chosen to be generally applicable to both classroom and civics lessons, to raise questions about the functioning of rules and the need to respect them, mutual respect and tolerance, and to encourage reflection on the limits of individual rights and on responsibility in exercising one's rights. The techniques use training methods such as group work, brainstorming, role-playing, dealing with model situations, as well as a simulated court process. The methodological guide is intended for classroom teachers in the implementation of classroom lessons, and also for the purposes of the subject of civics, as well as for students of pedagogy at the Pavol Jozef Šafárik University in Košice.

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Blockchain technológia ako činiteľ (faktor) ovplyvňujúci súčasnú podobu práva

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Ladislav Hrabčák et al.

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Regionalizmus a jeho prínos pre všeobecné medzinárodné právo

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Ján Klučka a kol.

The presented monograph, “Regionalism and Its Contribution to General International Law,” was prepared at the Institute of European Law and the Department of International Law of the Faculty of Law at Pavol Jozef Šafárik University in Košice as part of a project of the same name (APVV-0823-11) carried out in the years 2011–2015, and represents one of its final publication outputs.

The main reason for choosing this topic was the effort to evaluate regionalism in its various forms in relation to international law, and, conversely, to assess the place, significance, and role of international law in the creation and functioning of different forms of regional groupings. In fact, although regionalism is receiving increasing attention in doctrine, a more comprehensive assessment of its impact on international law and vice versa has so far been lacking.

This monograph attempts to partially fill this gap. Against the background of a brief historical development of regionalism, as well as its substantive and terminological components, the monograph examines in greater detail the individual types of regionalism—such as old and new regionalism, as well as contractual and institutional regionalism—their specific features, and their contribution to general international law.

Attention is also devoted to a specific phenomenon of contemporary regionalism, namely the influence of the European Union on its stabilization and development, both through practical measures and through a set of measures regulated by international treaties.

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Sankcie v pracovnom práve

Sankcie v pracovnom práve

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Marcel DolobáčĽuboš DobrovičIvan Kundrát

Hypothesis, disposition, sanction. The standard tripartite structure of a legal norm, which is taught to first-year law students. Three concepts that students undoubtedly master from their perspective, yet they simultaneously challenge legal science, which repeatedly revisits them. The publication does not aim to theoretically address all aspects of the legal norm; it focuses solely on one of them, and as the title suggests, that is the sanction.

The monograph has been developed by three authors, whose contributions are equal; they engaged in debates and often could not reach a consensus. We hope that the reader will also join this debate and that the presented monograph will inspire further reflection and scientific activity.

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Ako správne pracovať s prameňmi práva Európskej únie. Metodická príručka.

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Dominika BeckováRadoslav BenkoValéria Ružičková

Studies of the European Union law may hardly be possible without making use of its sources. Lots of types of legal rules, several forms of judicial decisions as well as a wide spectrum of criteria used while searching among legal acts of the European Union and case-law of its courts in search engines on the official websites of the European Union may, however, appear confusing, thereby making the work with sources of the European Union law more complicated and prolonging it.

Methodology Guide „How to Work Correctly with the Sources of the European Union Law“ aims to help students to understand the system of sources of the European Union law as well as the sources themselves, offer them tips and advice useful during their search and thus contribute to the adoption of fundamental procedures for working with them.

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Zákonník práce do každej ruky alebo lingvistika a sankcie v pracovnom práve

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Jana Žuľová

Proceedings of the Second Annual Student Symposium on Labor Law held on May 12–13, 2017 in Danišovce

The presented proceedings are the result of scientific works by students of the Faculty of Law at Pavol Jozef Šafárik University in Košice and are systematically divided into two parts.

The first part presents interdisciplinary intersections of linguistics and labor law in its creation, interpretation, and application. The second part addresses the issue of targeting the addressees of labor law norms through various sanction mechanisms. The proceedings include a questionnaire compiled by the researchers of a grant project, aimed at determining whether and in which aspects the Labor Code diverges from its addressees in terms of linguistic and stylistic processing. Indeed, there is no other legal norm that is closer to the participants of labor relations, and whose understanding at the highest possible level is justified by its everyday use.

The presented proceedings thus serve as a means of expanding the horizons of our students beyond their regular studies and as a tool for popularizing scientific research. In case of interest, the completed questionnaire can be sent to: jana.zulova (@) upjs.sk.

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Zdravie pri práci v spektre teórie a praxe

Zdravie pri práci v spektre teórie a praxe

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Jana Žuľová  - Monika Minčičová - Marcel Dolobáč (eds.)

The legal regulation of occupational health and the process of assessing the health capacity is one of the manifestations of fulfilling the protective function of labour law.

Due to the importance of pursuing the interest in protecting the life and health of the individual during his working life, as well as the consequences of damage to the employee's health for further work and continuance of employment relationship, research in this area finds its irreplaceable place in legal science. Its topicality is also highlighted by the emerging risks of work and the working environment. Technological progress associated with a change in the way of performing work, as well as the pandemic situation, have opened a number of new challenges for labour law that require attention.

The presented proceedings of abstracts responds to the outlined facts. It is a group of initial motives and conclusions of lectures presented at the scientific online conference "Health at Work in the Spectrum of Theory and Practice" organized by the Department of Labour Law and Social Security Law of the Faculty of Law, P. J. Šafárik University in Košice on16th April 2021. Authors point to a variety of problematic areas that are not only a reflection of academic considerations, but also of those legal issues that need to be addressed in ordinary legal practice.

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Extrateritoriálne účinky cudzích správnych rozhodnutí v podmienkach Európskej únie – východiská a súčasný stav

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Radomír Jakab - Diana Repiščáková (eds.)

The collection of scientific papers was created as part of a scientific seminar entitled “Extraterritorial Effects of Foreign Administrative Decisions in the Conditions of the European Union – Starting Points and Current State,” held from November 23 to 25, 2022, at the training and educational facility in Danišovce, in connection with the implementation of a scientific project entitled “Extraterritorial Effects of Foreign Administrative Decisions in the Conditions of the European Union,” supported by a grant from the Scientific Grant Agency under No. 01/187/2022.

The aim of the mentioned project is the scientific examination of extraterritoriality, i.e., the extraterritorial effects of administrative decisions of the Member States of the European Union on the territory of other Member States, in order to assess the need for, possibilities of, and desirable scope of harmonization of the legal regulation of the Member States of the European Union, with the goal of increasing the level of free movement of administrative decisions within the European Union. As part of the research project, an initial scientific seminar was held under the title “Extraterritorial Effects of Foreign Administrative Decisions in the Conditions of the European Union – Starting Points and Current State.”

Members of the research team, who are also members of the Department of Constitutional Law and Administrative Law at the Faculty of Law of Pavol Jozef Šafárik University in Košice, participated in this scientific seminar. At the seminar, contributions were presented that primarily summarized the current state of knowledge in the area of extraterritorial effects of foreign administrative decisions in the context of the European Union. This summary will serve as a basis for the further scientific examination of this issue by the members of the research team. These contributions subsequently formed the scientific papers included in this collection.

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Niekoľko poznámok k porozumeniu Zákonníka práce

Niekoľko poznámok k porozumeniu Zákonníka práce

E-book

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Jana ŽuľováMilena Barinková 

Legal norms regulate everyday life. We learn about the rights and obligations that arise for us from these norms through language. It is therefore very important that they are created in such a way that all levels of society understand them, not only recipients with legal education.

The Labour Code is a norm of everyday use, and so far there is no publication that approximates or clarifies the understanding of the provisions of this law through the prism of its language. The main goal of the publication is to apply the acquired linguistic knowledge about the pitfalls of the comprehensibility of legal language for the general public to the Labour Code and thus enable its more adequate understanding. Our ambition is not a comprehensive interpretation of the provisions of the Labour Code, which give the impression of incomprehensibility for the average addressee.

We focused on selected problematic phenomena observed and identified during the solution of the VEGA grant project no. 1/0526/17 Linguistic and Sanctioning Mechanisms in the Creation and Operation of Labor Law Norms and strived for a conceptual approach to their examination enriched by empirical research.

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Míľniky právneho vývoja v Európe po prvej svetovej vojne

Míľniky právneho vývoja v Európe po prvej...

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Ivan SvatuškaLucia Pištejová (eds.)

Collection of Scientific Contributions from the International Scientific Conference of PhD Students and Young Researchers held on April 22, 2022, organized by the Department of State and Law History of the Faculty of Law, Pavol Jozef Šafárik University in Košice.

We recommend this collection to the attention not only of PhD students and young researchers but also to all experts working in the fields of general history and legal science. At the same time, we bring it to the attention of all lay enthusiasts interested in the issues of legal development after the First World War. After all, as one of the world-renowned foreign legal historians likes to say: "Law is the most beautiful science in the world, because everyone can find an area that interests them in it."

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Evaluation of Evidence in the Tax Law

Evaluation of Evidence in the Tax Law

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E-book

Jozef Sábo

The monograph deals with two fundamental aspects concerning evaluation of evidence in the law. In the first part, the monograph addresses the question: „How it is possible to apply law in individual case, if human knowledge about past is objectively limited and flawed?“ (e.g. what is the nature of truth in the law?). The second part of the monograph identifies certain models of reasoning concerning factual questions which occur across different individual legal cases (especially tax cases and criminal cases). In that regard, the monograph draws from Anglo-American legal scholarship and deals with three main concepts concerning evaluation of evidence: argumentation, probability and narratives and their role in evaluation of evidence.

The monograph is the output of the grant project APVV no. 16-0160 which deals with the issue of tax evasion and tax avoidance (especially their motivating factors, emergence, and elimination). The author believes that better understanding of evaluation of evidence may contribute to the improvement in effectiveness of tax administration.

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