Učíme právo zážitkovo

E-book

Alexander Bröstl - Marta Breichová Lapčáková (eds.)

Collection of papers from session of the slovak section of the IVR

In accordance with its name, the collection is devoted to three framework areas consisting of the rule of law, justice and the future of democracy, reflecting the focus of the 31st World Congress of the International Association for the Philosophy of Law and Social Philosophy (IVR). Published contributions of the slovak section of the IVR are devoted to the present questions of the rule of law in relation to the democratic legal state. Principles of the rule of law and present questions connected to the democratic character of the Slovak republic, including the democratic procedures on the local level, are juxtaposed with shifts on the international and global scene. Individual contributions are thus devoted to the technical and biotechnological challenges of contemporary democracy, the manifestation of game theory in the search for consensus in collegial judicial bodies, or to the concept of loyal opposition in the ongoing judicial dialogue surrounding the application of law in the european legal space. Space is also devoted to the universal questions of the nature of legal science, and to the present and future of the rule of law. The collection thus goes beyond the borders of the slovak legal space and aims to understand current trends in a broader context.

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Adam Giertl (ed.)

Proceedings of the Student Symposium on International Law and European Law held on April 28, 2017, at the Faculty of Law of Pavol Jozef Šafárik University in Košice

The Student Symposium is regularly organized by the Institute of International Law and European Law, and in 2017, it marked the jubilee tenth edition of the symposium, which over time expanded its focus to include European law.

The tradition of holding student symposia is also associated with the good practice of preparing proceedings from each event. Understandably, the tenth edition is no exception, and thus, the tenth edition of the symposium proceedings is now available to readers. In previous years, the symposium has always focused on specific areas of international and European law. Thus, the subjects of study for symposium participants have included migration issues (2016), the protection of cultural values (2015), and the challenges of cyberspace (2013).

This year, given that it is the jubilee tenth edition, the symposium organizers have chosen to approach the symposium's focus thematically and recall some significant milestones in the development of international law that occurred in years ending with the number seven.

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Alexander Bröstl - Marta Breichová Lapčáková (eds.)

Under the auspices of the Institute of Legal Theory of Gustav Radbruch and the Slovak Section of the International Association for Philosophy of Law and Social Philosophy (IVR), a 3D flash conference was held on May 16, 2019, at the Faculty of Law of UPJŠ in Košice. This event was primarily dedicated to the upcoming 29th World Congress of IVR in Lucerne, Switzerland. In line with the main theme of the congress, the conference focused on "Dignity, Democracy, Diversity." At the time of the conference, it was clear that the number of participants at the world congress would significantly exceed 1,000, with discussions taking place in 151 special workshops and 28 working groups.

During the congress, a round table was also announced featuring Professor Brian Tamanaha, recipient of the IVR award for best book for "Realistic Theory of Law" (Cambridge 2017), a meeting regarding the IVR Encyclopedia, a panel on academic freedom issues, and a gathering of chairs from national sections of IVR.

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Ján Husár - Kristián Csach (eds.)

The collection contains contributions presented at the international conference held on April 1^st - 3^rd 2014 in Smolenice, organized by Pavol Jozef Šafárik University in Košice in cooperation with the Institute of State and Law of the Slovak Academy of Sciences and the Institute of State and Law of the Czech Academy of Sciences. Authors are high-profile Slovak and Czech scholars in the field of private law and company law, as well as representatives of new generation of young researchers. Contributions focus on contemporary issues in the field of company law, in particular theoretical basis of corporations, groups of companies, doctrine of abuse of rights, reflective loss and new tendencies in corporate law in foreign legal orders. The first part of the contributions presented at the conference have been already published in the special issue of the theoretical magazine Právny Obzor n. 4/2014. 

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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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E-publication
Veronika Lenhardtová-Radoslav Pavlinský-Dominik Urban

The collection Judicial Power in the Era of Globalization, Artificial Intelligence and Other Trends in Society provides a comprehensive and up-to-date perspective on the transformation of the judiciary amid rapid technological and social change. It contains 25 contributions primarily focused on the introduction and use of artificial intelligence tools in law. The authors examine not only the technical and institutional aspects of this transformation but also issues of judicial legitimacy and public trust in an independent justice system. The publication also offers a critical reflection on potential risks, limitations, and ethical dilemmas associated with the automation and digitalization of judicial processes. Several contributions compare national and supranational legal frameworks, offering valuable insights into differences in regulatory approaches around the world. All texts are united by a common question concerning the future of judicial power in a changing world. The contributions are written in an accessible manner, making the collection suitable for both legal experts and the broader public.
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E-publication
Laura Gazdagová-Bartolomej Mižák-Vladyslava Kryvoshei
Technological development is increasingly reshaping the environment in which international law operates. Rapid digitalization, global interconnectedness, and the emergence of new technologies raise questions that traditional legal norms are not always prepared to address. New forms of cross-border interactions, security challenges, and ethical dilemmas influence the functioning of states, international organizations, and other actors. Against this backdrop, discussions are evolving on how international law can maintain its relevance in an era of rapid innovation and how it may adapt to a dynamic technological landscape.
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Jana Žuľová(ed.)

Proceedings from the 1st Annual Student Symposium on Labor Law held on April 8–9, 2016 in Danišovce

Discussions on the topic of privacy are currently very topical and interesting. The advancement and progress of technology have added a new dimension to individual privacy. With the use of modern electronic devices, terms such as precious commodity, chimera, or illusion are increasingly associated with privacy. Workplaces have not remained immune to modernization either. Machines are replacing human labor, programming and planning the production process, but also controlling, monitoring, and recording the fulfillment of assigned work tasks.

The availability of technology and its implementation in employers’ operations intrude upon the personal and private sphere of employees, which is an inherent part of every person’s life and does not remain left behind the doors of the workplace. Proper and correct use of monitoring mechanisms by employers means not only mastering their technical installation at the workplace and covering the associated financial costs, but also respecting the privacy of employees.

It cannot be overlooked that the right to privacy is among the fundamental human rights and freedoms, enjoying the corresponding characteristics (inalienability, non-transferability, irrevocability, etc.) and appropriate legal protection. And even though it is not absolute and may be suspended in favor of another right (especially the employer’s right to protect their property), every intervention—such as comprehensive camera surveillance, monitoring of phone calls, email correspondence, blocking certain websites, etc.—always has adverse consequences for the privacy of the employee.

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Jozef Suchoža - Ján Husár - Regina Hučková (eds.)

Collection of scientific works

The year 2020 has been marked globally by an unprecedented situation related to the spread of Covid-19 since its beginning. At the start of this calendar year, as our organizational team began preparing for another edition, we still hoped that our traditional autumn conference was far away, and in this maximum optimism, we launched the organization of the jubilee 10th edition of our now-traditional conference. This conference has become a stable part of scientific and professional conference events under domestic conditions and has become a stable part of many people's work programs. However, 2020 was almost entirely filled with restrictions from its start, with these restrictions affecting even the organization of conferences. Our 10th Law – Business – Economy Conference fell victim to this current situation and had to be canceled "with gritted teeth." The situation allows us nothing but hope that in 2021 we will be able to meet at our traditional location in High Tatras. We take these meetings for granted; if this situation is good for nothing else, it at least serves as a slowdown and an awareness of our own vulnerability.

See you at the next edition of Law-Business-Economics in October 2021.

You are receiving a collection of scientific papers published in connection with the resolution of scientific projects at the Department of Commercial Law and Economic Law as the main organizer of the scientific conference, as well as other departments of the Faculty of Law at UPJŠ in Košice, and many academic workplaces both domestically and abroad. The collection is published with support from the Agency for Support of Research and Development. The editors thank all who contributed to it with their scientific articles, as well as reviewers for their valuable comments and recommendations.

On behalf of the editors: Regina Hučková

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Ľudmila Elbert

The presented scientific monograph addresses the issue of the Rule of Law and its place, roles, and particularities at the level of international law. The Rule of Law is understood as a value that should govern communities, both domestic and international. It is thus compared to Kelsen’s basic norm, which should stand at the top of the legal order as the norm justifying the validity and existence of the norms of the legal order, both domestic and international.

Although the Rule of Law is studied at the international law level, it cannot be considered without understanding the Rule of Law in domestic law. Just as its development differs depending on whether it evolved within Anglo-American or continental law, its application and development also differ between domestic law and international law.

These differences are mainly caused by the roles and objectives that international Rule of Law is meant to secure, as well as by the distinct characteristics of domestic and international law.

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Miroslav Štrkolec - Anna Vartašová - Monika Stojáková  - Soňa Simić

Taxation of Virtual Currency and Digital Services - COVID-19 and other Current Challenges for Tax Law

Reviewed proceedings of scientific papers

This Proceedings presents papers from international scientific conference IV SLOVAK-CZECH DAYS OF TAX LAW on the topic: "Taxation of Virtual Currencies and Digital Services - COVID-19 and other Current Challenges for Tax Law" held on 16th - 18th June 2021 in Košice, Faculty of Law of Pavol Jozef Šafárik University in Košice and was supported by the Slovak Research and Development Agency under the grant No. APVV-19-0124 “Tax Law and New Phenomena in the Economy (Digital Services, Sharing Economy, Virtual Currencies)”.

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Jana Žuľová (ed.)

Collection of Scientific Works

Article 35 of the Constitution of the Slovak Republic guarantees everyone the right to freely choose their profession and receive training for it, as well as the right to engage in entrepreneurial or other gainful activity. Everyone has the right to freely decide whether to secure their livelihood through self-employment—with all the associated consequences and risks—or through employment within labor-law relationships by performing dependent work.

The framework and rules for exercising these rights are primarily regulated by labor, commercial, and tax legislation, each with its own set of rights and obligations applicable specifically to entrepreneurs and employees. Constant competitive pressure, along with the effects of economic crises, pushes employers to seek ways to extract the most from workers while optimizing for the lowest possible insurance, administrative, and tax costs. As a result, employment contracts are being terminated, and under the pressure of losing their income, individuals are "voluntarily" shifting to commercial-law relationships.

This situation, along with other distortions in the labor market, confronts those entitled to work with unfair practices by employers, thereby undermining their ability to freely exercise this fundamental right.

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Jozef Čorba(ed.)

Collection of Contributions from the Conference

On June 11–12, 2015, the Department of Commercial Law and Economic Law at the Faculty of Law, P. J. Šafárik University in Košice, organized the 13th meeting of the departments of commercial law from the law faculties of Czech and Slovak universities. This event further demonstrates that the idea of an annual gathering of representatives from these departments, initiated by Professor Bejček of the Faculty of Law at Masaryk University in Brno, has taken root and is likely to continue. Not only to preserve the tradition but primarily for the benefit of such meetings and the interest of participants to meet regularly.

A traditional part of these meetings, besides the exchange of knowledge and information about the teaching process and experience sharing, is a scientific conference focused on current issues in commercial law. This year’s conference was held under the title Slovak and Czech Commercial Law in 2015 – Selected Problems. A total of 17 contributions from various departments were included in the conference proceedings, divided into three thematic areas. The first group of contributions addresses selected issues related to the legal regulation of commercial companies and its practical implementation. The second group focuses on arbitration and insolvency law.

The third group includes contributions on the interpretation of the amended regulation of interest on late payments in commercial obligations, problems related to the application of this regulation, and issues concerning the interpretation of legal acts contained in the new Czech Civil Code. An additional part features an informational contribution on the development of Slovenian commercial law and its current form.

Ján Husár, Kristián Csach

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Alexander Bröstl - Marta Breichová Lapčáková - Martin Štrkolec (eds.)

Collection of scientific papers by doctoral students.

Thematically, the contributions are diverse: they feature fundamental principles in public law (basic principles of criminal proceedings, the principle of contradiction, basic principles of constitutional court proceedings, basic principles in private law and procedural law (superficies solo cedit), the principle of civil court proceedings in deciding labor disputes, equality of participants and the duty to instruct, objection of bias in light of the right to an impartial court, the principle of speed and the principle of economy in the decision-making activities of general courts, basic principles in legal theory and international law (general legal principles recognized by civilized nations), coexistence of the principle of equality and the principle of non-discrimination in the legal order of the European Union, argumentation through the principle of rule of law in the decision-making activities of courts, the impact of fundamental principles on the interpretation of legal norms.

It is important that the authors, i.e., doctoral students from law faculties in the Czech Republic and the Slovak Republic, almost unanimously examine these principles in the process of application (interpretation) of law, from the perspective of how legal (primarily judicial) practice deals with them. This should be fundamentally welcomed and appreciated.

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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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E-publication

Ján Husár - Regina Hučková (eds.)

Proceedings LAW – BUSINESS – ECONOMICS XIV. present an interdisciplinary collection of scholarly contributions that reflect current trends, challenges, and developments in the fields of law, business, and economics. The publication brings together authors from academia as well as professional practice and offers analytical, comparative, and application-oriented studies. The thematic core of the proceedings consists primarily of issues related to contemporary legal regulation and its impacts on the business environment, economic aspects of legislative changes, as well as topics such as digital transformation, international trade, and financial markets. The contributions are characterized by their topical relevance, academic depth, and emphasis on connecting theory with practical solutions. The proceedings are intended for the professional public, academics, students of law and economics, as well as practitioners working in the legal, business, and economic spheres. They represent a valuable source of information for understanding current interdisciplinary trends and their effects on the legal and economic environment.

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