KOŠICKÉ DNI TRESTNÉHO PRÁVA 2023, VII. ročník, Ochrana vlastníckeho práva normami trestného práva

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Jaroslav Dolný - Monika Seilerová (eds.)

The collection of contributions from the VII. Student Symposium on Commercial Law and Labor Law held on December 5, 2019, at the Faculty of Law of Pavol Jozef Šafárik University in Košice

The theme of this year's symposium provided students with the opportunity to choose between addressing issues related to commercial law or focusing on labor law aspects concerning the position of members of the governing bodies of commercial companies, based on an analysis of legal regulations and case law.

The creative exploration of commercial law questions particularly related to areas such as the manner of acting on behalf of a commercial company, the liability of the de facto statutory body of a commercial company, information obligations of the statutory body towards its shareholders, and the remuneration for serving as a member of the board of directors of a joint-stock company. It also addressed the liability of the statutory body for the insolvency of the company and the enforcement of non-competition clauses concerning managing directors of limited liability companies.

The connection between commercial law and labor law was directed towards a legal analysis of personal data protection related to health and its misuse by members of the governing bodies of commercial companies, as well as the legitimacy of concurrently holding a position (as a member) in a statutory body with an employment relationship, and the legal status of senior employees, particularly concerning their duties and responsibilities for ensuring employee health through creating healthy working conditions.

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Sergej Romža-Lukáš Michaľov-Michaela Ema Mauerová

Proceedings of scientific contributions with the main section: "Artíficíal intellígence - a challenge for crímínal law" and subsections: "Extremism from the perspective of criminology, victimology, and criminalistics" and "Creation and tools of criminal policy" is the result of a nationwide interdisciplinary scientific conference with intemational particípation, organízed by the Department of Criminal Law of the Faculty of Law at UPJŠ in Košice. The publication retlects current challenges in criminal law in the context of dynamic technological, security, and social changes. The main section, "Artificial Intelligence - A Challenge for Criminal Law," presents contributions analyzing legal, ethical, and practical issues related to the use of artificial intelligence in the field of criminal law. The authors address autonomous responsibility, algorithmic transparency, the possibilities of using Al in the prevention, detection, and prosecution of crimes, as well as the risks to the protection of fundamental rights and fair tria!.

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Milena Barinková (ed.)

Proceedings from the IV Annual Student Symposium on Labor Law held on April 5–6, 2019, in Danišovce

The term "Industrial Revolution 4.0" is currently widely used, yet remains mysterious and its content unfamiliar to many. While we do not claim omniscience, through the educational process at the Faculty of Law of Pavol Jozef Šafárik University in Košice and the scientific research of the Department of Labor Law and Social Security Law, we have delved into examining the accompanying features and anticipated phenomena of this modern industrial revolution.

It can be stated with great certainty that this revolution already affects—and will continue to affect—production processes, including radical changes in their structure, the emergence of groundbreaking technological and communication tools, and, undoubtedly, labor relations. The rise of new forms and methods of work based on automation and digitalization, applied within new models of labor relations, is beginning to threaten jobs in certain sectors of the economy. There is an increasing demand for specialized qualifications and skills, particularly in information technology, with an emphasis on process digitalization, data processing, and the creation of communication networks connecting objects and people. This intelligent industry inevitably disqualifies many existing jobs from their current structures, leading to job losses for numerous employees. Analysts openly predict that by 2030, robots will replace up to 20 million industrial jobs worldwide.

The vision of which occupations or working conditions will be impacted is becoming increasingly concrete. Radical changes will require radical solutions as well as previously unknown movements and new elements or measures in the labor market.

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Ladislav Hrabčák et al.

The comprehensive work represents the final output from solving Project VVGS-2019-1068 titled 'Blockchain technology as a factor influencing the current form of law' and was created simultaneously as one of the partial outputs from Project APVV-19-0124 titled 'Tax Law and New Phenomena in Economy (Digital Services, Shared Economy, Virtual Currencies)'. The partial overlap in research topics between these projects allowed for such research, especially regarding digital (virtual) currencies.

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Lucia Bakošová - Ľudmila Elbert - Ľubica Gregová Širicová 

Disasters, whether natural or industrial, have a serious impact on the functioning of society and are a negative phenomenon which, with the increasing impact of climate change, is increasingly affecting the sustainable development and prosperity of States. Their increasing regularity and intensity affect the current evolution not only of social life, but also of legal debates on the necessity of responding to international and national disaster response, eliminating their negative consequences and protecting affected persons. No State is immune to the occurrence of disasters, and this also applies to the Slovak Republic, which is mostly affected by sudden natural disasters, namely floods, landslides, droughts, fires, windstorms and snow calamities.

The subject of this publication is the proposal of the methodological guidelines regulating the activities of NGOs in case of disaster, as well as cooperation with the state affected by the disaster, and the glossary of legal terms which need to be clear and unified in case of disaster. Slovak and English version of the proposal is basic precondition of its usability not only for the state organs of the Slovak republic and Slovak NGOs, but also for foreign NGOs.The Proposal of the methodological guidelines is the result of the research project VVGS-PCOV 2018-459: Návrh metodického postupu mimovládnych organizácií v prípade katastrofy v podmienkach Slovenskej republiky (The Proposal of the methodological guidelines for the non-governmental organisations in case of disaster in conditions of the Slovak republic).

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Jana Žuľová a kol.

The presented publication is intended for employers, managers, and HR professionals who process employees' personal data for various employment-related purposes and need to conduct an audit of their processing in compliance with the GDPR and the new Personal Data Protection Act. The publication will also be useful for new employers who are encountering data protection for the first time and need to establish internal data protection rules, essentially starting from scratch.

The reader has the opportunity to gain a comprehensive understanding of the data protection rules applicable in the employment sector, the obligations of the employer, and the rights of the data subject, i.e., job applicants, employees, and former employees.

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Karin Cakoci-Ladislav Hrabčák

The proceedings of student papers from the V. Annual Student Symposium represent a collection of analytical and comparative studies in the fields of tax policy, public finance, and financial law, reflecting the current challenges of the Slovak and European economies. The authors (students) focus on a wide range of topics – from considerations regarding the reintroduction of inheritance tax in Slovakia, through issues of tax evasion and abuse of law in taxation, to measures aimed at public finance consolidation. The authors (students) in their contributions also analyse practical aspects of tax administration, such as tax enforcement proceedings, case law concerning the burden of proof, and the financing of civic associations through tax assignation mechanisms. Particular attention is paid to modern challenges of tax policy, including the taxation of digital giants, financial transaction tax, and the regulation of crypto-asset service provision in the V4 countries. The proceedings also highlight the connection between tax instruments, the financing of cultural institutions, and the broader social context of public expenditures. The publication thus offers a comprehensive overview of current trends and perspectives in the field of taxation and public finance within the conditions of the Slovak Republic and the European Union.
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Adrián Popovič - Jozef Sábo - Anna Vartašová (eds.)

The International Scientific Conference on the topic Condition and perspectives of public finances in the EU was held 2nd – 3rd June 2022in Košice focused on the topics of the EU Budget and Real Estate in taxation. On this occasion, a student symposium on the topic: "Condition and perspectives of financial law and tax law" was organized for students of the Pavol Jozef Šafárik University Faculty of Law in Košice on 1st June 2022. The focus of the symposium was chosen due to the content of the grant project VEGA no. 1/0485/21: „Simultaneity and possibilities of reforming the system of own resources of the EU budget (legal and economic aspects also in the context of the consequences of the COVID-19 pandemic)“, of the grant project VEGA no. 1/0214/21: „Taxation of real property – legal status and potential“ and of the grant project APVV-19-0124 entitled "Tax law and new phenomena in the economy (digital services, shared economy, virtual currencies)", which are currently being addressed at the Department of Financial Law, Tax Law and Economy, Faculty of Law, Pavol Jozef Šafárik University in Košice.

The output of this symposium is a reviewed proceeding of papers, in which students focus on examining the current challenges of financial law and tax law. In this context, students examine not only the issue of current challenges in the field of real estate tax and the introduction of taxation based on their market value of real estate and the institute of remedies in tax procedural law, but also the current issue of EU budget law with a focus on the revenue side of the EU budget.

The authors also assess in detail the current situation in the research area, and they also present de lege ferenda proposals that could contribute to the development and improvement of several aspects of taxation, which is a benefit not only for legal science but also for application practice.

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Adam Giertl - Ľubica Gregová Širicová (eds.)

Proceedings from the 5th Student Symposium held on April 21-22, 2013

The French delegate to the Commission on Human Rights, while discussing the inclusion of the term "media" in the article on freedom of expression in the draft of the International Covenant on Civil and Political Rights, wisely urged other members of the commission to be forward-looking regarding the information media of the future.

The discussion took place in 1950, when delegates could not yet foresee the impact of the internet on social relations. Given that it is now clear that information technologies significantly influence law, including international law, the organizers of the student symposium decided to dedicate its sixth edition to the theme "Information Society and International Law."

Students of the Faculty of Law, after registering for the symposium, first focused on preparing their contributions, with each participant having access to a consultant if needed. This year, the list of consultants, in addition to members of the Institute of European Law and the Department of International Law, was expanded to include an expert in intellectual property law, Mgr. Martin Husovec, a graduate of our Faculty of Law and currently an IMPRS-CI doctoral student at the Max Planck Institute for Intellectual Property and Competition Law. We also take this opportunity to thank him for dedicating his time to the students and providing them with valuable advice in preparing their contributions. After the preparatory phase, the symposium itself took place, with the aim of presenting the prepared contributions and discussing them.

The presented contributions reflected a wide range of intersections between international law and the information society.

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Žofia Mrázová(ed.)

Proceedings from the VI. Student Symposium on Commercial Law Held on November 28, 2018, at the Faculty of Law, Pavol Jozef Šafárik University in Košice

The Department of Commercial and Economic Law at the Faculty of Law, Pavol Jozef Šafárik University in Košice, organized the sixth annual Student Symposium on Commercial Law on November 28, 2018. The event was part of the research project VEGA 1/0917/16 titled "Atypical and De Facto Relationships in Commercial Law." The symposium aims to provide a platform for discussion among students with the guidance of mentors from the department, including professors, researchers, and doctoral candidates.

This year’s symposium focused on protection against anti-competitive practices. Unchecked anti-competitive behavior could grant economic advantages to violators at the expense of other competitors and threaten the free-market system. Students explored various challenges related to competition law, analyzing Slovak and European legal frameworks as well as court rulings and decisions by other authorities. Through their research, students honed their analytical thinking, argumentation skills, and critical reasoning. The discussions generated new perspectives and encouraged active engagement among participants.

This proceedings volume presents the outcomes of students' work from this event.

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Žofia Mrázová (ed.)

Proceedings of Contributions from the V. Student Symposium on Commercial Law

The proceedings are the result of student works presented at the fifth annual student symposium organized by the Department of Commercial Law and Economic Law, Faculty of Law, UPJŠ in Košice, which took place on November 30 – December 1, 2017, at the UPJŠ educational and training facility in Danišovce.

This year’s symposium focused on problematic issues related to creditor rights protection in commercial contractual relationships.

The purpose of these annually organized symposia is to provide students with a platform to present their own opinions and improve their analytical and argumentation skills.

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Marcel Dolobáč

The author's ambition is to build on the current and at the same time to stimulate further discussion of the anchoring of labour law in the system of private law sectors and to contribute to the variation of views in relation to freedom of contract and its limits in labour law. The broad contractual freedom of civil law does not apply to the field of labour law, and thus the penetration of standard civil law institutes into labour law relations is not always self-evident.

The above constitutes the main theses of the present monograph. The issue of freedom of contract in labour law can be grasped in several ways. The author has chosen a content structure that is built on three basic pillars. In the first part, the author assesses the position of labour law in the system of law, which is determined primarily by the actual subject of legal regulation - dependent labour and the specific method of legal regulation through cogent and relatively cogent norms. In this context, the author would like to note at the outset that the much-discussed dispositive nature of labour law norms appears to be merely presumptive. Labour law is built on minima and maxima, with relative mandatory norms being the building blocks of fixed boundaries, a fact that distinguishes labour law from other branches of private law. These considerations are followed by the author's view of autonomy of will in labour law. The limits of contractual freedom (not only) in the theoretical sense form the second pillar of the author's ideas.

Finally, the third part of the thesis is to be the one that translates the theoretical-legal considerations of the interconnection of civil law and labour law into the interpretation of selected civil law institutes and the possibility of their application and implementation in labour law relations.

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Dominika Zavadová(ed.)

Proceedings from the 3rd Student Symposium on Commercial Law

In November 2015, the third annual Student Symposium on Commercial Law took place at the university facility in Danišovce.

After two years of symposia focused on company law, the main topic of the third edition was the general part of commercial obligations law. This year as well, the goal of the student symposium remained to provide more space for students to formulate their own perspectives on current legal issues and to present the results of their own work.

The overarching topic made it possible to assign several current issues, allowing students to tackle problems they are likely to encounter in their future practice. The selected topics are not among those unanimously accepted by legal doctrine or established case law. On the contrary, the topics were deliberately chosen for the lack of sufficient domestic literary sources. As a result, processing the individual topics required more than just standard textbook or commentary knowledge.

The participating members of the department, both teachers and doctoral candidates, acted this year primarily as contact persons, rather than as consultants or supervisors of the students’ work. The primary purpose of the symposium at the faculty is to enable students interested in commercial law to develop their analytical and argumentative skills, as well as to express their personalities. We aim for students to develop not only professional knowledge but also personal skills-so-called soft skills-the art of presenting their own opinions and arguing persuasively.

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Ján Klučka - Ľuboslav Sisák - Laura Gazdagová (eds.)

This publication captures the conference proceedings of the international scientific conference "20 years in the European Union in terms of law and the era of sustainability". The conference took place on 3^rd September 2024 at the Faculty of Law, Pavol Jozef Šafárik University in Košice, in hybrid form.

The first part of the conference proceedings includes contributions concerning EU law in proceedings before the Constitutional Court of the Slovak Republic with focus to current issues and challenges after 20 years of membership of the Slovak Republic in the EU, European law from the perspective of international constitutionalism in a green coat, the impact of the entry of the Baltic states into the European Union on the question of the nationality of natural persons, the single digital market in the context of the Slovak Republic, the impact of European Union law in the field of personal data protection on the territory of the Slovak Republic, the principle of environmental protection in economic competition and international jurisdiction for private law claims for compensation for damage caused to the environment.

The second part of the conference proceedings includes contributions concerning the process of enshrining human right to environment in international law and European law, the development of biodiversity protection in the EU, NATO´s role in climate change response to meet the sustainability and suing tort damages from the Dieselgate emissions scandal.

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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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Erik Štenpien

The presented monograph is dedicated to the reforms of local administration in the middle of the 19th century, which led to the introduction of municipalism - the nationalization of local administration. The work is primarily devoted to the analysis of the differences between legal articles 42/1870 and 21/1884, the second of which has so far been considered by Slovak legal historians as an amendment. I will explain the differences in the text of both standards, as well as by pointing out the practice of applying both standards in local practice in Abov and Turňa, the legal article 21/1884 is applicable, it is recoded and after the thresholds of the Czechoslovakia it was received as an obligation of the local sparva in Slovakia and is valid even in the time of Conclusion The Trianon peace treaty.

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