Rozhodovacia prax súdnych autorít v súkromnom 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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Lukáš Michaľov - Katarína Koromházová (eds.)

The Collection of scientific contributions "Privatization of public law versus publicity of private law" is an output of the International scientific conference of Phd. students and scientific researchers organized by the Department of Criminal Law, Faculty of Law, Pavol Jozef Šafárik University.

The collection contains contributions focused on the issues of the intersection of private and public law, specifically on the privatization of public law and publicity of private law. This is a highly important topic, because the elements of privatization can be found across the entire public law, not only in the field of criminal law, but also in other legal branches of public law.Recently, there have been significant elements of publicity of private law, especially commercial or civil law. Therefore, we consider the topic of the conference and the title of the collection to be appropriately chosen and up to date without any significant limits in scientific research. The participants of theInternational scientific conference in their contributions also focused on de lege ferenda considerations and offer a new perspective on the formation of public or private law.

The aim of the published Collection of scientific contributions isto continue in improving and developing new knowledge of the public law in the field of its privatization and private law in the field of its publicity.

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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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Radomír Jakab - Tibor Seman - Lukáš Jančát

The concept of a transterritorial administrative act is relatively new in administrative law, especially in the conditions of the Slovak Republic. It has practical applicability to the application of European Union law (including international law). Its essence lies in the fact that the effects of such an administrative act issued within one Member State exceed the territory of that Member State, have effects in other Member States, in all Member States of the European Union without being subject to the recognition process.

The purpose of the monograph is to present outputs of the scientific examination of this type of administrative acts, the definition of its characteristics and its effects, the examination of the possibilities of procedural defense against its effects by the State concerned, and possibly the possibility of unifying the action of the Member States of the European Union in case of procedural defense against the effects of transterritorial administrative acts. The monograph also contains analysis of certain types of transterrritorial administrative acts that are commonly used in the conditions of the European union and Slovak republic; they are also categorized under specific criteria.,

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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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Dominika Marčoková Becková (ed.)

Reviewed collection of papers of the international scientific conference is the output of the international scientific conference held on 7th October 2022 within the framework of the project APVV-18-0421 „European Public Prosecutor's Office in Connections of the Constitutional Order of the Slovak Republic as Strengthening of the European Integration through Law“.

Unlike other areas of activities of the European Union, the European Union did not begin to enter the area of criminal law and criminal policy until much later. The reason is that the sphere of criminal law has traditionally been associated with the sovereignty of the state, which is why the Member States of the European Union are very slow to allow the European Union into it. The issue of the European Union's influence on the criminal law of its Member States is therefore becoming actual and raises many questions and application problems. In their papers, the authors address the various problems posed by the European Union's influence in the area of criminal law. Among the scientific problems and issues that the authors paid attention to in their works are the following: reasons for competence of the European Union within the field of criminal law; Impact of the EU legislation on criminal law of EU Member States; proposals to improve existing legislation, whether at European Union or national level, cooperation of the Court of Justice of the European Union and national judges via preliminary proceedings within the field of criminal law; as well as the issue of the European Public Prosecutor's Office.

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Ján Klučka et al.

The aim of the current monograph is to provide comprehensive view of the status of regional judicial organs in current conditions of regionalism. Based on selected issues examined in individual chapters research team presents the comprehensive study focused on clarification of the status and significance of regional judicial organs in terms of new regionalism.

Research of the role of regional courts in the system of peaceful settlement of disputes demonstrates the significant role of the regional courts within the promotion of the rule of law, regional integration and also significant role of regional courts to ensure legal certainty within the system of compliance with decisions of regional courts. The result of examination of possibilities of individuals to access to regional judicial organs is comparative evaluation of regional possibilities of individual to defend his/her rights within regional courts of various regions. Particular part of this area is the right to an effective remedy and to a fair trial as basic rights within the proceedings of regional judicial organs. Within the examination of preliminary rulings of international regional courts of different regions the role of regional judicial organs in the process of effective implementation of the principle of the rule of law was the subject of examination.

For the proper functioning of the regional judicial organs as well as independence of judges and legal certainty in International law, the ethical rules of international judicial organs and tribunals, which are the subject of the last chapter, are significant.

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Laura Gazdagová (ed.)

The topic that the students focused on in The proceedings of the XVIIIth edition of the Student Symposium on International and European Law held on November 15, 2024 was centered around the legacy of the 105th anniversary of the Paris Peace Conference. The proceedings, which contain the students' contributions, reflect the pivotal role of this conference in shaping post-war geopolitical stability and redefining relations between states. The expert analyses included in the proceedings focus on the conditions that were intended to ensure lasting peace, yet also created controversial aspects that led to disputes and laid the foundation for future tensions. The students also addressed the impact of the conference's decisions on political and social structures that significantly influenced global development in the 20th century. In addition to the declared outcomes, the students also expressed, in written form within the proceedings, the need to strengthen international cooperation and establish institutions for the prevention of military conflicts, a need that remains relevant today, as these decisions continue to shape the dynamics of contemporary international relations.

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Dominika Becková (ed.)

Proceedings of Contributions from the XIII. Year of the Student Symposium on International and European Law held on March 6, 2020, at the Faculty of Law of UPJŠ in Košice

The Student Symposium on International and European Law has its traditional place in the calendar of events at the Faculty of Law of Pavol Jozef Šafárik University in Košice. In the academic year 2019/2020, the Institute of International Law and European Law decided to continue this tradition and offer students an opportunity to present their professional opinions on selected topics and problematic issues of international and European law.

The XIII. edition of the student symposium continued from its previous year and once again focused students' attention on the institutions of international and European law depicted in films. The films processed by the participants of the symposium offer a wide range of institutions of international and European law.

In their contributions, participants addressed issues related to diplomatic law, terrorism, armed conflicts, the use of robots, environmental protection, and questions regarding the legal regime of outer space.

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 Jozef Olej a kol. 

Preložená vysokoškolská učebnica je venovaná problematike trestného práva procesného, ktorú autori v rovnakom zložení spracovali v roku 2006, bezprostredne po účinnosti nového rekodifikovaného Tr. por. – zák. č. 301/2005 Z.z. Obdobie, ktoré uplynulo od účinnosti tejto právnej normy nepochybne prispelo k potvrdeniu či ustáleniu názorov na niektoré nové inštitúty a súčasne si vyžiadalo potrebu reagovať na početné novelizácie tohto zákona.

Štruktúra predloženej publikácie, členenie do jednotlivých kapitol, v podstate korešponduje s úpravou jednotlivých inštitútov obsiahnutých v Tr. poriadku, a to od úpravy základných pojmov, prameňov, zásad trestného konania, cez postavenie jednotlivých subjektov trestného konania, procesné úkony, inštitúty zaisťovacej povahy a dôkaznej povahy, jednotlivé štádia trestného konania až po úpravu právneho styku s cudzinou, resp. trov trestného konania. Ako už bolo uvedené, autori reagujú na pomerne časté a v mnohých prípadoch aj výrazné zmeny úpravy rekodofikovaného Tr. poriadku, vrátane súvisiacich právnych predpisov, prezentujú svoje názory i názory mnohých iných odborníkov na spracovanú problematiku a tieto konfrontujú s poznatkami z praxe, vrátane uvádzania aktuálnej iudikatúry.

Ambíciou autorov tak bolo a naďalej zostáva, ponúknuť predovšetkým študentom právnických fakúlt základnú učebnú pomôcku pre štúdium trestného práva procesného.

Autori

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Kristián Csach - Ľubica Širicová

Private international law has undergone dramatic changes in recent periods. The fully operational process of communitarization of this legal field has not yet – and perhaps could not have been – effectively reflected by domestic legislators. Under the current legal status, it is not uncommon for legal issues to intertwine regulations of community origin and domestic legislation (embodied primarily by Act No. 97/1963 Coll. on Private International Law and Procedure).

Questions about the obsolescence of some provisions of this, until recently, universal codified regulation of private international law arise mainly (but not exclusively) from the conflict rules contained in the so-called "Rome I" Regulation on the law applicable to contractual obligations, the "Rome II" Regulation on the law applicable to non-contractual obligations, and most recently in Council Regulation (EC) No. 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition, and enforcement of decisions and cooperation in matters relating to maintenance obligations.

Respecting the principle of the primacy of generally binding acts of the Community over domestic law, the correct application of normative texts cannot be achieved without the ability to quickly navigate through the norms and subsequently compare them.

Students and anyone else are therefore confronted with a multitude of legal regulations of substantial scope and detailed regulation. Currently, apart from systematically arranged references on the websites of the Ministry of Justice, we do not find a comprehensive material that would offer an overview of legal regulations in the field of private international law and procedure.

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Žofia Šuleková (ed.)

Proceedings of the Contributions from the IV. Student Symposium on Corporate Law held on November 24-25, 2016, at the Training Facility of Pavol Jozef Šafárik University in Danišovce.

The Department of Commercial Law and Economic Law at the Faculty of Law of Pavol Jozef Šafárik University in Košice organized the fourth edition of the student symposium, this time focusing on corporate law.

The event took place on November 24-25, 2016, at the training facility of Pavol Jozef Šafárik University in Danišovce. The aim of the annually organized symposiums is to create a discussion platform for students with the participation of mentors from the department, including teachers, researchers, and doctoral students. This year’s symposium focused on problematic issues related to the legal status of a partner in a commercial company. The topics were assigned to allow students to demonstrate and develop their analytical and argumentative skills while improving their ability to present and formulate their own views and perspectives.

The presented proceedings are the outcome of the students' work from this event.

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Jana Šutajová

From January 1, 1969, the Constitutional Act on the Status of Nationalities in the Czechoslovak Socialist Republic (ČSSR) and the Constitutional Act on the Federation came into effect. The Constitutional Act on the Status of Nationalities represented at least a formal significant step forward in the legal regulation of minority rights. However, this law was intended to serve as a foundation for further legal adjustments. It was declared that additional steps and negotiations for the adoption of implementing regulations would follow and that further laws would be enacted at both the federal and national levels. Nevertheless, no additional law or government regulation related to the constitutional act on the status of nationalities in the ČSSR was ever issued.

During the normalization period, issues concerning further legislation related to national minorities were not addressed. However, in the brief period following the adoption of the constitutional act in 1968 until the end of 1969, some institutions attempted to prepare and promote such legal norms. One of these institutions was the Government Council of the Slovak Socialist Republic (SSR) for Nationalities (hereafter referred to as the Council or the Government Council for Nationalities). The monograph provides an insight into the development of additional legal norms arising from the constitutional act on the status of nationalities in the Slovak Socialist Republic, prepared by the Government Council of SSR for Nationalities. This council was one of the institutions established in Slovakia after the formation of the Czechoslovak federation and dealt with nationality issues.

In addressing further legal norms stemming from the constitutional act on nationalities in ČSSR, it was necessary to consider prior developments. Therefore, the first part of the monograph examines the status of minorities in Czechoslovakia before adopting the constitutional act, activities of nationalities preceding its adoption, and its enactment itself. Subsequent sections focus on institutional changes in SSR following federalization, the establishment of the Government Council of SSR for Nationalities, and specific actions taken by this Council and its expert bodies in drafting proposals for laws concerning nationalities in the Slovak Socialist Republic.

The motivation for writing this monograph stemmed from the fact that this topic has so far received attention only in a few studies in Slovakia, which primarily focused on the Hungarian minority during either the Prague Spring or normalization periods.

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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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Diana Treščáková - Regina Hučková (eds.)

Publication Law Business Economy XIV. is collection of international scientific works which contains scientific contributions of wide variety of branches of law, as well as related fields of scientific expertise. Among areas of issues which were discussed in this publication are questions of civil, commercial, competition, intellectual property, arbitration and corporate law, as well as other partial areas, including scientific works dealing with business and IT law. Entire publication is significant with richness of scientific contributions from various jurisdictions, because of renowed authors from various countries. Apart from theoretical contribution and expansion of current state of the art in submitted interdisciplinary area, solutions to legal problems were formulated at de lege ferenda level.

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Lucia Bakošová (ed.)

Proceedings from the XII Student Symposium on International and European Law held on March 29, 2019, in Košice

The primary goal of films or TV series is typically not to educate their audience. However, contemporary cinematography includes a significant number of works that present issues related to international and European law to both professional and general audiences.

For this reason, the Institute of International and European Law at the Faculty of Law of Pavol Jozef Šafárik University in Košice organized the XII Student Symposium on International and European Law titled "International and European Law in Cinematography," under the auspices of Professor JUDr. Ján Klučka, CSc.

The main objective of the symposium was to popularize international and European law among students through films or series. The films analyzed during the symposium could be divided into two categories: those dramatizing real events and those creating fictional scenarios incorporating aspects of international or European law. Most contributions focused on films depicting real events, such as the genocide in Rwanda in the 1990s, the Nuremberg Trials, the occupation of the U.S. Embassy in Tehran, or the legal dispute between the heir of the painting Woman in Gold and Austria. On the other hand, works like the series MASH* were also discussed; while not based on real events, it uses its narrative to portray the lives of medical personnel in a military field hospital during the Korean War.

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