Ochrana práv veriteľov v obchodných záväzkových vzťahoch

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Jozef Suchoža - Ján Husár - Regina Hučková

Proceedings of the International Scientific Symposium

Collection Law-Commerce-Economy X. is a publication containing professional contributions by the authors, especially with regard to commercial law, civil law, labor law, intellectual property law, but also digital technology law. The thematic focus of the international scientific symposium was concentrated in three areas representing open problems of commercial law with regard to the solution of the economic and social crisis caused by the so-called pandemic (corona crisis), current issues of corporate law in the EU and artificial intelligence and law: the influence of artificial intelligence on the normative activity of the state and court decisions. With regard to the content orientation of the outputs, the publication is suitable not only for readers from the academic environment, but also from applied practice.

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Jozef Suchoža - Ján Husár - Regina Hučková

In 2020 and 2021, the tradition of holding the Law – Business – Economics conference was exceptionally interrupted due to the unprecedented situation associated with the spread of Covid-19. This year, the situation allows us to restore the tradition of our Tatra conference and, after two years, to once again meet in person with our traditional domestic and international participants. At the same time, we look forward to welcoming participants who are attending our conference for the first time (and we hope it will not be the last).

You are holding in your hands the proceedings of scientific papers, published in connection with the implementation of scientific projects at the scientific workplace – the Department of Commercial and Economic Law, as the main organizer of the scientific conference, as well as at other departments of the Faculty of Law at UPJŠ and at many academic institutions both at home and abroad. The proceedings are published with the support of the Slovak Research and Development Agency. The editors would like to thank everyone who contributed their scientific articles, as well as the reviewers for their valuable comments and recommendations.

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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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Marcel Dolobáč - Monika Seilerová

The Industrial Revolution cannot be avoided or hidden from, but it is equally wrong to see it only in gray tones. Let us be optimistic. The Information Age can also mean a reduction in working hours, perhaps more time for family and interpersonal relationships, or an overall increase in individual economic luxury. The Information Age will take away many job opportunities but will put many others on the table, though mostly for the educated. Science and research will become even more important for overall economic development than they are today. Let us be prepared.

The ambition of this monograph is not, and cannot be, to provide an exhaustive answer to the above-outlined debates. Its goal is to stimulate broader scientific discussion, particularly on the issue of mental health protection in correlation with the advent of the Information Age. The subject of study is the protection of the individual—the employee—who must adapt to a new technological environment and its associated demands.

The monograph represents a comprehensive output by authors who, over the past two years, have published on similar topics within the APVV-16-0002 grant "Mental Health in the Workplace and Assessment of Employee Health Capability." The authors believe that thanks to this APVV grant, they will continue to build on this topic in the coming years. Most importantly, they hope that its content will engage you, the readers.

Marcel Dolobáč

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Sergej Romža - Dávid Priščák - Matej Biroš (eds.)

Proceedings of scientific papers „ Elimination of racism, xenophobia and otherforms of intolerance by means of criminal law. Recodification of Criminal Codes - Current Challenges and Perspectives. " is the output of the national interdisciplinary scientific conference with intemational participation organized by the Department of Criminal Law ofthe Faculty ofLaw of the University of Applied Sciences in Košice. The proceedings contain contributions focused on the issues of elimination of racism, xenophobia and other forms of intolerance by means of criminal law and on the issues of recodification of criminal codes, their current challenges and perspectives, both in the field of substantíve and procedural law.
This is a highly topical issue, as the need to eliminate racism, xenophobia and other forms of intolerance by means of criminal law is an important topic with regard to the social situation. The recodification of the criminal codes in 2024 has significantly affected both the substantíve and procedural areas of criminal law, which is the means of ultima ratio. Considering the social developments and the recent amendments to the pena! codes, we consider the theme of the conference and the titlc of the proceedings to be highly topical, containing a significant scope for scientific research.
The participants of the national interdisciplinary scientific conference with international participation in their contributions also dealt with de lege ferenda considerations and at the same time offered solutions to application problems in the field.
The aim of the published proceedings is to continue to improve and develop new knowledge in the field of criminal law, while respecting human rights and freedoms, based on the existing professional knowledge.

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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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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 - Denisa Rudžiková

In the environment of Slovak employers, an active approach to diversity and inclusion in the workplace is coming to the fore. Targeted diversity and inclusion programs help make employers more attractive on the labor market and attract more job seekers. Proactively, better working conditions are created for employees with responsibilities to the family (in most cases still in relation to mothers), groups of people who have been on the fringes of interest until now are also employed (elderly, disabled, LGBT groups, minorities, graduates of secondary and higher education schools).

The presented collection of abstracts responds to the outlined facts, which is a grouping of the starting motives and conclusions of the contributions presented at the scientific conference Diverse and inclusive workplaces - legislative starting points organized by the department of labor law and social security law of the Faculty of Law of the P. J. Šafárik University in Košice, which took place on September 29, 2023 in a hybrid form.

With their abstracts, the authors point to a range of problematic areas that are not only a reflection of academic considerations, but also those legal questions that have to be dealt with in ordinary legal practice. The goal is to use analysis and explanation to define the existing labor law measures/tools applicable to the implementation of diversity and inclusion in the workplace according to the current Slovak legal framework and the EU legal framework and thus emphasize the starting point of any effort to build diversity and the implementation of inclusion in the workplace.

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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 - 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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Jozef Tekeli a kolektív

The work "Case Studies in Administrative Law" is an extensive and practice-oriented publication primarily intended for students of law faculties and universities with a focus on public administration. Its main objective is to deepen the reader’s knowledge in various areas of administrative law through specific case studies, with an emphasis on the application of legal norms in real-life situations. The publication consists of 20 thematically organized chapters that cover a wide range of administrative agendas, such as internal administration, trade licensing, environmental protection, healthcare, transportation, education, justice, and national defense.

Each chapter contains multiple casuistic cases, in which the reader encounters practical problems and must assess the legality of administrative procedures, the substantive and territorial jurisdiction of public authorities, and the application of relevant legal regulations. The case studies are presented systematically—beginning with a factual scenario, followed by a legal analysis based on applicable legislation.

The work is exceptional for its comprehensiveness, up-to-date content, and emphasis on interdisciplinary connections within administrative law. The final chapter includes cross-sectional exercises involving multiple areas of administration through complex scenarios, encouraging the development of synthetic legal thinking. The publication thus serves not only as a valuable study resource but also as an excellent tool for seminar work, exam preparation, and practical training in legal reasoning and decision-making.

Tibor Seman - Radomír Jakab - Jozef Tekeli

The presented textbook on the general part of substantive administrative law offers a comprehensive collection of knowledge, principles, doctrines, institutions, and legal norms that form the foundation for the existence and functioning of public administration. It serves as a prerequisite for mastering the special part of substantive administrative law and administrative procedural law. This updated version of the first edition of the textbook reflects the current development of public administration, the state of administrative law, and educational needs. The textbook introduces key institutions of the general part of administrative law, which are essential for understanding how public administration operates in Slovakia. It includes the characteristics and internal structure of administrative law, its sources, and its relationships with other branches of law. Covered topics include subjects of administrative law, the organization of public administration, methods and forms of its activities, guarantees of legality in public administration, administrative liability, civil service, and work performed in the public interest. It will be useful not only to students but also to anyone interested in the theory and practice of such a dynamic branch of law as administrative law undoubtedly is.

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Péter Miskolczi Bodnár

This monograph examines when the state has the right to intervene in the legal relationship between contracting parties, and if it is possible, when it can act as a legislator and/or a law applier and what the nature of the intervention may be. In this study, the limits related to the rights and obligations of the parties are scrutinized. The monograph delineates the theoretical frameworks of state intervention. The author distinguishes the forms of intervention concerning future contracts and those already concluded. The study lists the circumstances grounding the mandatory norms concerning future contracts with the presentation of Roman law. In the context of state influence on the content of contracts already concluded, judicial decisions play a stronger role than legislation and government measures also appear. The monograph presents the legislative measures affecting the contracts already concluded and the reasons thereof in a differentiated way, divided into different periods. In the author's view, World War I and especially the subsequent Treaty of Trianon brought a significant change in the assessment of state intervention, and therefore, he devotes special attention to the examination of this period. The monograph provides an outline of overview of the international tendencies of the period from the peace treaty to the present day. The study presents the era of Hungarian legislation being prone to make mandatory rules and delineates the relevant provisions of the applicable Hungarian law. At the end of the monograph the reader can find the author’s evaluative comments. While acknowledging the positive aspects of state involvement, attention should also be paid to the dangers of excessive state intervention in Eastern Europe.

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Lukáš Jančát

The Convention on the Protection of Human Rights and Fundamental Freedoms and the case-law of the ECtHR represent a decisive legal instrument for the evolution of the right to a fair trial in the member states of the Council of Europe and the European Union, including the Slovak Republic, which affects the minimum level of procedural guarantees for individuals in judicial and administrative proceedings.

The primary purpose of the textbook is to fill the gap consisting in the absence of a comprehensive study text for undergraduate students at Pavol Jozef Šafarik University in Košice, Faculty of Law for the planned subject Right to a fair trial in administrative issues, and doctoral students at this faculty for the subject Protection of fundamental rights and freedoms in criminal matters according to the case-law of the ECtHR.

However, this textbook is also intended as a supplementary study aid for bachelor students in order to deepen their knowledge of the subject Administrative Law II, the result of which is to acquire knowledge about procedural administrative law in the Slovak Republic, as well as the subject of European Administrative Law, the result of which is the acquisition of knowledge about the influence of Council of Europe law on the national administrative law of the Slovak Republic.

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

Peer-reviewed proceedings of the scientific conference

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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Ľuboš Dobrovič - Vladimír Vrana

The world of diplomacy, whether ancient or modern, is naturally prone to problems associated with cultural clashes and often serves as an “unarmed battlefield” of cultural concepts. International diplomacy, however, stands on the assumption of war, as misunderstandings and cultural discrepancies lead to confusion. Cultural encounters also provide many opportunities for the choice of misunderstanding: the choice to perceive an act as an insult, even if unintended, or the choice to ignore the most blatant intentional insult, all according to momentary expediency.

The Roman historian Livy recounts an anecdote about the gates of the Temple of Janus, which, when open, signified that Rome was at war. However, the doors of the ancient Temple of Janus were closed only twice from the beginning of the 7th century BC to the end of the 1st century BC. One might ask, how many times and for how long after the signing of the Treaty of Trianon were the metaphorical gates of the European (or global) Temple of Janus closed?

The publication that the reader holds in their hands does not attempt to exhaustively answer all questions of ancient and modern international diplomacy. That is neither possible nor the goal of this scientific monograph. Authors seeking intersections between diplomacy of antiquity, the Middle Ages, and the early 20th century encountered some thought-provoking ideas and controversial debates. Indeed, what other conclusions can the topic of the Treaty of Trianon and the perpetual clash of cultures in the Mediterranean antiquity and medieval Europe bring?

We believe that the topic of ancient and modern diplomacy will inspire the reader and stimulate the professional public to new ideas, reflections, and scholarly activity.

The scientific monograph was prepared as an output of the project of the Agency for the Support of Research and Development No. APVV-19-0419: "100 years of the Treaty of Trianon."

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