rss_2.0Law FeedSciendo RSS Feed for Law Feed Mob and Contempt of Congress<abstract> <title style='display:none'>Abstract</title> <p>The aftershocks of the riot at the United States Capitol on January 6, 2021, continue to ripple through the American public square. The United States Department of Justice brought over 750 criminal charges against the assailants. The United States House of Representatives appointed a Select Committee to investigate the riot. And the public continues to discuss the meaning of January 6 as these criminal prosecutions continue and the House's investigation concludes. Although this is the first time in American history that a mob actually breached the Capitol, riots and insurrections attempting to overawe parliamentary bodies on their own grounds are well precedented in the Anglo-American legal tradition.</p> <p>The purpose of this article is to provide historical context for affrays like the Trump Riot of January 6 and provide a framework for how legislatures should respond. Parliamentary precedents on both sides of the Atlantic prove that anyone who riots at the legislature is in contempt of parliamentary privilege. The legislature can refer such contempt to the executive for criminal prosecution. In egregious cases, however, the legislature should not hesitate to vindicate itself by using its own contempt power. The legislature should appoint a joint select committee or independent commission to investigate and hold those politically responsible to account.</p> <p>There may be cases when an officer or an agent of the executive provokes or incites a riot at the Capitol. The legislature must prevail in its efforts to bring them in for a hearing and compel them to produce discovery. Of the three coordinate branches of the federal government the legislature is first among equals. Parliamentary privilege must therefore trump executive privilege during an investigation of an assault on the national assembly. Any member of the executive who contemptuously incites a mob at the seat of government is liable for discipline under the inherent power of Congress.</p> </abstract>ARTICLEtrue Novum<P><EM>Ius Novum</EM> is an all-Poland scientific journal that presents analytical articles on the science of law, with focus on Central and Eastern European countries. The journal covers a range of basic areas of law, including constitutional law, civil law and procedure, criminal law and procedure, administrative law and procedure, financial law, business law, and international law.  </P> <P>The journal aims to create a modern forum for the exchange and debate of opinions among scholars of jurisprudence by popularising research results at both domestic and international levels. It takes into account the significance of the impact of legal studies on the social and economic environment of Central and Eastern Europe. </P> <P>The journal publishes original scientific papers of considerable cognitive value for all representatives of legal science and practice. These papers can be of interest not only to domestic, but also, or even primarily, to international scientific circles. The journal presents innovative dogmatic analyses of current legal solutions, forecasts for the direction of development in various areas of law, legal evaluations of new social phenomena, assessments of the quality of law enactment and application, signals of the efficiency of adopted legal regulations, and discussions on problems concerning legal certainty. Additionally, the journal features empiric research findings of great social importance. </P> <P></P> <P>The journal is open not only to the scientific and teaching staff of Lazarski University, but also to representatives of jurisprudence from other academic centres within the international scientific community. We welcome independent scholars with recognised achievements, as well as young scientists who wish to contribute their interesting and innovative ideas to the discourse on law. </P> <P></P> <P>The quarterly publishes original articles using research apparatus, and exceptionally, glosses that concern and resolve especially significant scientific issues.  </P> <P><STRONG>Archiving </STRONG></P> <P>Sciendo archives the contents of this journal in <A href="">Portico</A> - digital long-term preservation service of scholarly books, journals and collections. </P> <P><STRONG>Plagiarism Policy</STRONG> </P> <P>The editorial board is participating in a growing community of <A href="">Similarity Check System</A>'s users in order to ensure that the content published is original and trustworthy. Similarity Check is a medium that allows for comprehensive manuscripts screening, aimed to eliminate plagiarism and provide a high standard and quality peer-review process. </P> JOURNALtrue Impact of Digital Technologies on Neoclassical Labour Market<abstract> <title style='display:none'>Abstract</title> <p>Labour market economics works on the principle of a neoclassical approach. Competitive forces, corporate policy, collective bargaining, and state intervention create the reality of the market. Technological progress in advanced technology, robotics, and artificial intelligence is strengthening the economies of several countries. The article deals with the actual influence of digital technologies on the neoclassical paradigm of the labour market and the impacts on the tasks and requirements for the competencies of workers and the level of their qualifications. Research is based on secondary data from relevant sources with emphasis on the quality using the interface Primo database, enabling the search for data in full-fledged databases (Web of Science, ProQuest, etc.). The real minimum wage, employment rate and jobs at risk of automation were analysed to compare the situation in European countries. The main objective is to analyse the magnitude of the impact of digital technologies on the labour market. The results point to technological progress, especially automation, which eliminates job positions by substituting low-skilled workers with machine learning robots. Government can ensure more balanced inclusive growth in the area of education. The change in the concept of teaching leads to higher qualifications and skills for future employees.</p> </abstract>ARTICLEtrue Humanum Est. The Right of Businesses to Make a Mistake and the Inspection Process<abstract> <title style='display:none'>Abstract</title> <p>The statement <italic>errare humanum est</italic> undoubtedly takes on particular importance in the course of inspection proceedings, in particular as businesses are often lost in the maze of legal regulations. In order to make doing business easier, a new provision was introduced to the Polish Business Act from 6 March 2018 – “the right to make a mistake”. The paper aims to present a consideration of the essence of “the right to make a mistake” by businesses, looking at the procedures for correcting established violations of legal regulations by recently started businesses, as well as the negative aspects of exercising the right. The paper uses the formal-dogmatic method of analysing legal regulations. The presented conclusions may be particularly attractive businesses that are just commencing their business activity, for which their short period of operation may turn out to be a mitigating circumstance in the case of an ongoing inspection procedure.</p> </abstract>ARTICLEtrue Learning and Regularization Technique to Determine Foreign Direct Investment in Hungarian Counties<abstract> <title style='display:none'>Abstract</title> <p>Recent studies show regional factors play an important role to attract Foreign Direct Investment (FDI) and, the performance of these factors varies within the country. Therefore, it is important to develop a measurement system to analyse the insight of these FDI factors. In this study, we used the regularization method with machine learning to get insight into the FDI determinants at the regional level. We used 18-years post-socialist period data at the county level from Hungary and applied a machine learning algorithm on different methods of regressions such as a linear, ridge, lasso, and elastic net. We analyse the relation of two dependent variables, the total amount of FDI inflow in a county and disparity of FDI inflow in companies within the county, and used urbanization, GDP per capita, labour productivity, market share of the companies, agglomeration of industries, and growth rate of the companies as predictors. Our results show that the elastic net is the best method to determine the predictive performance of FDI at the regional level.</p> </abstract>ARTICLEtrue New Hungarian Legislation on Money Laundering and the Current Challenges of Cryptocurrencies<abstract> <title style='display:none'>Abstract</title> <p>Money laundering is one of the most important criminal offences today, perceived in the context of economic operation. Nevertheless, money laundering is a constantly changing phenomenon that is also influenced by the latest technological advancements. In this study, our aim is, after briefly outlining the phenomenon of money laundering, to review the new statutory definition(s) and those assessment criteria that may also be of significance for legal practice in this context from 2021 onwards in Hungary. Subsequently, we will describe the current challenges of cryptocurrencies regarding the new Hungarian and EU legislation on money laundering. The method we use is criminal law-dogmatic and retrospective analysis. The analysis concluded that the Hungarian legislator has significantly broadened the scope of money laundering, and a much wider spread of this offence is predicted for the future.</p> </abstract>ARTICLEtrue of Self-Taxation as a Form of Local Budget Revenues<abstract> <title style='display:none'>Abstract</title> <p>The aim of the article is to reveal the features of self-taxation as an independent form of local budget revenues. There is no consensus among domestic and foreign scholars on understanding the nature, place, and role of self-taxation in the system of income sources of territorial communities. Another problem is the fact that today in Ukraine there is virtually no legislative regulation of this financial and legal institution. The research methodology is based on formal-dogmatic, comparative-legal, systemic-structural and other scientific methods. It is substantiated that self-taxation is an independent type of mandatory payment, which is non-tax in nature and is used to address issues of local importance, the population at a general meeting or local referendum independently determines its size, procedure for introduction, and use.</p> </abstract>ARTICLEtrue of Causal Nexus in Rule 10b-5 Claims: A Critical Reassessment<abstract> <title style='display:none'>Abstract</title> <p>Investors are entitled to assume that issuers comply with regulatory disclosure requirements and have therefore purchased or sold a security at a price expected to have been set without being affected by untrue statements or omissions. That is, investor reliance should be presumed in a regulated market in which the issuer statements in SEC filings are truthful and at least not seriously misleading. This article argues that the source of reliance lies in the credibility of the regulators committed to promoting market integrity and investor protection. In this regard, the basic presumption per se remains valid but needs some revision. Furthermore, in assessing claims of causation of loss and damages, it should be taken into account whether any significant price distortion occurred at the precise moment when defrauded investors made investment decisions, not at a later date. Such ex-ante analysis is theoretically sound and consistent with legislative intent.</p> </abstract>ARTICLEtrue and Equal Treatment Regarding the Exercise of Fundamental Rights and Freedoms by Military Personnel<abstract> <title style='display:none'>Abstract</title> <p>The principles of equality and non-discrimination are the foundation of the system of protection of human rights, enshrined in every domestic and international instrument. As a visible symbol of national unity for the achievement of defence and security prerogatives, the armed forces can act as a positive force. By successfully implementing inclusive models and integrating recommendations on the fundamental rights and freedoms of military personnel, the armed forces must ensure societal linguistic, cultural, ethnic and gender-specific respect. In this way, the armed forces achieve group cohesion and achieve the common goal of achieving national defence.</p> </abstract>ARTICLEtrue Intelligence (AI): The New Look of Customer Service in a Cybersecurity World<abstract> <title style='display:none'>Abstract</title> <p>Cybersecurity leaders are not adequately developed to guide the re-engineering of quality customer service (QCS) workflows, designed with automation and AI, that interrelate with people through customers' perceptions. Realizing re-engineering processes should be a team effort with well-versed leadership and stakeholders guiding the successful design through a follow-up process. Leaders must shape compelling and straightforward needs to learn and teach employees and chat boxes indispensable customer service skills demonstrating patience, self-discipline, flexibility, and resourcefulness in communication with irritated customers or difficult circumstances. Whether the analysis, design, development, and implementation struggles are vacuums in cybersecurity knowledge, skill, and abilities or a dearth of budget and resource limits, creating thorough QSC workflows and training requires time and purpose. This knowledge must be proactively, not reactively built. QSC re-engineering epitomizes a shift from reactionary behaviors to proactively preparing a well-defined collection of intends, activities, and aims delineating how organizations will contend through products and services. This article should benefit respondents absorbed in the success of updating and implementing QCS actions and workflows, practitioners who guide direct customer services initiatives, enterprise governance strategists, QCS and machine learning trainers, and learners who want to know more about QCS swathed in cybersecurity.</p> </abstract>ARTICLEtrue of the Financial Equilibrium in the Context of Challenges on the Romanian Energy Market<abstract> <title style='display:none'>Abstract</title> <p>In the context of the last turbulent three years, the energy industry in Romania had to face additional problems, due to the liberalization of the energy market. Despite pursuing profit as the immediate goal of a company, obtaining and maintaining the financial equilibrium becomes more and more important for the survival and the development of a company. The existence and maintenance of a positive Net Treasury over several successive years reflects the success of the company, proofing a good strategic position in relation to its competitors. Its lack is a permanent source of risks for the enterprise, of which long-term persistence can be considered a symptom of the risk of bankruptcy.</p> </abstract>ARTICLEtrue Influence of the Barrel on the Duration of Infantry Armament. Factors Influencing the Service Life of Infantry Gun Barrels<abstract> <title style='display:none'>Abstract</title> <p>In general, the service life of a system is determined by its technical characteristics, the nature and magnitude of the stresses to which parts are subjected and the operating, operation and maintenance conditions. For this reason, the article aims to outline the key issues that highlight the factors influencing the service life of infantry weapons and how they do so. The essential elements are pointed out and the influence of each factor in increasing service life is presented, first by component sub-assemblies and then for the armament as a whole.</p> </abstract>ARTICLEtrue of Static Protection of Word Documents<abstract> <title style='display:none'>Abstract</title> <p>The great achievement of the times we live in is the fact that free access to information is guaranteed by law, but it is still the law that allows it to be restricted in certain situations. Thus, the subject addressed in the paper presented below is to highlight the facilities of text editors, in particular Word, as data protection tools, on the basis of a state in which the security culture is being formed. In the elaboration of the paper, we constantly pursued a synergy of theory with current practice on the chosen subject, demonstrating some of the facilities that the Microsoft Word text processor makes available to all users.</p> </abstract>ARTICLEtrue Perspectives in the Military Academic Environment<abstract> <title style='display:none'>Abstract</title> <p>This paper is the result of the Military Gender Studies project. The aim of the project is to analyze the dynamics of gender perspectives in some military institutions in Europe, namely the Military Academy, Lisbon, Portugal, the University of Turin, Italy, “Vasil Levski” National Military University, Veliko Tarnovo, Bulgaria and “Nicolae Bălcescu” Land Forces Academy of Sibiu. The project started with the application of a questionnaire to military students and this paper will present part of the results obtained only in “Nicolae Bălcescu” Land Forces Academy of Sibiu, after analyzing the discrimination dimension.</p> </abstract>ARTICLEtrue Continuous Professional Development of Accounting Professionals and the Impact on the Valuation of Accounting Information<abstract> <title style='display:none'>Abstract</title> <p>In the accounting profession, continuous professional development and lifelong learning are essential if we consider the increasingly advanced demands of internal and external users of financial and accounting information. It is certain that professionals who do not have and do not constantly update their necessary general and specialized knowledge will no longer find their place in an increasingly competitive market. The paper highlights, based on bibliographic resources, the fact that national and international professional bodies implement training and professional development programs in accordance with the “International Education Standards” issued by the “International Accounting Education Standards Board”, an independent organization within the “International Federation of Accountants”. Using the selective research, we analyzed the interest of accounting professionals to develop professionally considering the need for continuous training in the conditions where accounting information is indispensable in the decision making process and the financial – accounting field is one that is constantly changing.</p> </abstract>ARTICLEtrue of Defending International Humanitarian Law at the International Level<abstract> <title style='display:none'>Abstract</title> <p>In an armed conflict the respect for international humanitarian law is the essential element to reduce its destructive effects. The application of international humanitarian law is, however, not always taken into account by states and members of the armed forces. When this obligation is seriously violated, the international community, through the UN, must intervene to restore international peace and security. Unfortunately, current armed conflicts have proven that this system is not effective, especially when it has to be activated against a permanent veto-wielding member of the Security Council, such as Russia. To make this system effective and to make such a state to apply correctly international humanitarian law, the UN must be reformed. But all these reform proposals do not take into account the efficiency of the measures in Chapter VII of the Charter and the strengthening of international authority.</p> </abstract>ARTICLEtrue of Good Educational Practices on the Modernization of Shooting Sessions through the Experimental Construction of a Functional Model of a Shooting Range and of a Mobile Target Device Operated by Radio Waves<abstract> <title style='display:none'>Abstract</title> <p>The authors of the present scientific approach highlight some innovative elements concerning the modernization of practical-applicative educational activities related to shooting sessions carried out by cadets in the Poplaca shooting range. To this end, aspects concerning the design of a software necessary for the remote control of the range, the construction of a functional model of the range at a simplified scale, as well as the practical realization of a technological product, such as a mobile target with the related hardware elements are presented in detail. The implementation (validation and testing) of the proposed solutions aimed at flexibility and at increasing the quality of educational standards related to shooting sessions in the cadet training range are also discussed.</p> </abstract>ARTICLEtrue the Possible Influences of the Russia – Ukraine War on Economic Growth<abstract> <title style='display:none'>Abstract</title> <p>Against the background of a major insecurity event with strong economic and social repercussions, more and more analyses, simulations and attempts are being made to identify possible developments and consequences. The experience of previous conflicts and the results of the models and scenarios used to estimate the trajectories and disruptions caused by conflicts help with the decision-making process, but the variables in the peace equation are numerous and increase the degree of uncertainty in what regards the impact of the economic, social and security policies adopted. Through the prism of developments in the current geopolitical and security environment, with prospects of profound change after the end of the conflict between Russia and Ukraine, the paper highlights some of the economic effects of the Russia – Ukraine war and highlights its possible influences on economic growth at regional and global level, and also analyses growth in the states directly involved in the war or that are connected in various forms (economically-wise, neighbouring countries, etc.) with the two states.</p> </abstract>ARTICLEtrue Liability Nuances of Medical Negligence During the COVID-19 Pandemic<abstract> <title style='display:none'>Abstract</title> <p>Under normal circumstances, the medical negligence of doctors in most European (continental) states is assessed within the limits of criminal liability under the criminal laws of each state, without exception in the case of COVID-19 or another pandemic. The author raises the question of whether doctors, in the performance of their duties and in the provision of treatment services during the COVID-19 pandemic, deserve any relief from their liability due to errors or negligence in the performance of their duties that have resulted in the consequences of damage to health or life loss of patients. The article provides an analysis of the special laws created for such situations and adopted in Poland and Italy while presenting the shortcomings and advantages of such legal regulation and distinguishing the discussion issues raised by legal scholars and practitioners of the abovementioned states. The author criticises the attempt to adopt a similar legal act in Lithuania and at the same time proposes to discuss the possibility of changing the existing legal regulation and setting limits on the criminal liability of doctors during the COVID-19 pandemic.</p> </abstract>ARTICLEtrue of Administrative Justice in the Baltic States in 1918–1940<abstract> <title style='display:none'>Abstract</title> <p>At the beginning of the twentieth century, administrative courts were established one after another in European countries. In this article, scholars review the origins of administrative justice in three Baltic states – Lithuania, Latvia, and Estonia – when all three states declared their independence. In the article, the authors reveal the legal regulation of administrative justice, the procedural provisions of judicial review, the system of institutions that supervised the legality of administrative acts, and their jurisdiction during the period from 1918 to 1940 in the Baltic states.</p> </abstract>ARTICLEtrue