rss_2.0Law FeedSciendo RSS Feed for Lawhttps://www.sciendo.com/subject/LAhttps://www.sciendo.comLaw Feedhttps://www.sciendo.com/subjectImages/Law.jpg700700The Kremlin’s Information Influence Campaigns in Estonia and Estonian Response in the Context of Russian-Western Relationshttps://sciendo.com/article/10.2478/bjes-2022-0002<abstract> <title style='display:none'>Abstract</title> <p>The Russian Federation has developed a large number of instruments to put pressure on the West using non-conventional means such as cyber attacks, economic tools and information warfare. Using modern IT technologies in its hybrid activities, Russia, much like China or other authoritarian powers, is trying to challenge the current world order. These instruments are particularly evident in the Baltic States. This article uses Estonia as a case study to inquire into the political goals and strategic conduct of Russia. Specifically, the focus is on the political context, instruments of information war, and available countermeasures. As argued in the current study, the shift from European to Eurasian power, Russia’s careful management and success in avoiding crossing the “red lines” of its adversaries, as well as in exploiting the socioeconomic weaknesses and openness of the West, all play a relevant role in understanding the political context. As for instruments, Russia has developed strategic narratives and conspiracy theories, plus several channels next to media channels, and policy tools such as <italic>Pax Russica</italic> and the compatriot policy. These are deployed in its neighborhood and aimed at unintegrated segments of the Russophone populations.</p> </abstract>ARTICLE2022-06-23T00:00:00.000+00:00Digital Integrity: A Foundation for Digital Rights and the New Manifestation of Human Dignityhttps://sciendo.com/article/10.2478/bjes-2022-0008<abstract> <title style='display:none'>Abstract</title> <p>The article is devoted to the research of the problematic aspects and modern challenges of data protection in the digital age from the perspective of the digital integrity of the person. We believe that personal data cannot be effectively protected as components of digital integrity of the person in the context of regulation of a separate right to personal data protection, which, in its turn, acts more as a tool of market regulation rather than a classical fundamental right. We argue that the consideration of digital integrity as a new foundation for digital rights and as a new manifestation of the restrictive concept of human dignity may help increase the level of effective protection of the person in the digital sphere as well as properly cover the existing gaps in the protection of the digital rights of the person.</p> </abstract>ARTICLE2022-06-23T00:00:00.000+00:00Neutrality and Equality Aspects in the EU State Aid Temporary Framework 2020: The Case of the Airline Industryhttps://sciendo.com/article/10.2478/bjes-2022-0005<abstract> <title style='display:none'>Abstract</title> <p>Following the declaration of the COVID-19 pandemic, the restrictions imposed by the Member States (MSs) of the European Union (EU) led the tourism and commercial air transport industry to face serious financial difficulties that required airlines to apply for state support. In March 2020, the European Commission adopted a State Aid Temporary Framework (TF) for the COVID-19 period to simplify the process of granting aid, allowing the MSs rapid economic interventions. Claims regarding the approval of State aid to certain airlines reached the EU General Court (EGC), on the grounds of violation of the fair competition principle. It became clear that the processes enabled by the TF dispensed unequal treatment to airline companies and that the flexibility of the TF created competition imbalances. In spite of these events, little attention has been given to the way its application ignores the requirements of EU State aid control and other procedural justice and fairness principles, by failing to ensure neutrality and equality. This article addresses the matter using a standard legal interpretive approach to explain the imbalances created by the regulation. It presents a systematic review of the current regime, identifies the TF inefficiencies affecting competition principles, and argues for specific adjustments that could enhance its transparency. These contributions are useful to improve the existing framework and help prepare for a better management of future crises.</p> </abstract>ARTICLE2022-06-23T00:00:00.000+00:00The European Union Facing the 21st Century: The Digital Revolutionhttps://sciendo.com/article/10.2478/bjes-2022-0003<abstract> <title style='display:none'>Abstract</title> <p>The European Union is a unique political process in the world. It continuously integrates different aspects creating a communality among its Member States. The process of integration responds to the necessities of the organization to adapt to the social, political, and economic reality and solving the dysfunctionalities arisen from the process. Currently, digitalization is a process required to adapt the European Union to the reality, to provide a common frame to an existing digital world. Therefore, the EU needs to respond the requirements of the society for the implementation of European standards in a new, but already relevant, area. In addition, the EU drag from the past dysfunctionalities that can be addressed thanks to the new possibilities generated by the digitalization of politics and economy. This research analyses both the necessity of adapting and solving previous obstacles under the prism of the available digital solutions.</p> </abstract>ARTICLE2022-06-23T00:00:00.000+00:00Open Data: A Stepchild in e-Estonia’s Data Management Strategy?https://sciendo.com/article/10.2478/bjes-2022-0006<abstract> <title style='display:none'>Abstract</title> <p>The availability of open data has increased dramatically, partly in reaction to several types of government agencies publishing their raw data. Access to and use of open data is not only essential for the development of public policy and delivery of various services, but it is also of eminent value for private (and often economic) purposes. To meet these demands, the availability of open data has increased dramatically both domestically and EU-wide. Nevertheless, it is still access to and use of personal data which is usually in the spotlight of public—and also legal—debates. Contributing to fill this gap, this paper analyses the significance of open data and the resulting challenges imposed by the widespread lack of specific open data policies. The paper also provides an overview of the existing systems used in Estonian governance to ensure access to open information, but also highlights the shortcomings, before it finally makes proposals on how to improve open data disclosure practices in Estonia.</p> </abstract>ARTICLE2022-06-23T00:00:00.000+00:00Artificial Intelligence, Value Alignment and Rationalityhttps://sciendo.com/article/10.2478/bjes-2022-0004<abstract> <title style='display:none'>Abstract</title> <p>The problem of value alignment in the context of AI studies is becoming more and more acute. This article deals with the basic questions concerning the system of human values corresponding to what we would like digital minds to be capable of. It has been suggested that as long as humans cannot agree on a universal system of values in the positive sense, we might be able to agree on what has to be avoided. The article argues that while we may follow this suggestion, we still need to keep the positive approach in focus as well. A holistic solution to the value alignment problem is not in sight and there might possibly never be a final solution. Currently, we are facing an era of endless adjustment of digital minds to biological ones. The biggest challenge is to keep humans in control of this adjustment. Here the responsibility lies with the humans. Human minds might not be able to fix the capacity of digital minds. The philosophical analysis shows that the key concept when dealing with this issue is value plurality. It may well be that we have to redefine our understanding of rationality in order to successfully deal with the value alignment problem. The article discusses an option to elaborate on the traditional understanding of rationality in the context of AI studies.</p> </abstract>ARTICLE2022-06-23T00:00:00.000+00:00Ethical Concerns of Direct-to-Consumer Genetic Testshttps://sciendo.com/article/10.2478/bjes-2022-0007<abstract> <title style='display:none'>Abstract</title> <p>The rapid development of technology is having an enormous effect on our lives. Emerging technological solutions offer new possibilities in various fields and on different levels, either for ordinary human beings or organisations and governments. However, the ethical implications of such technologies on our lives, our societies, are often not fully understood and require careful analysis. This article focuses on one type of such technologies, genetic tests available to the public, analysing the potential ethical concerns in these tests being directly provided to the consumers.</p> </abstract>ARTICLE2022-06-23T00:00:00.000+00:00Local Leader and the Labour Law Position in the Context of the Smart City Concept through the Optics of the EUhttps://sciendo.com/article/10.2478/bjes-2022-0001<abstract> <title style='display:none'>Abstract</title> <p>The article discusses the implementation of the global concepts of smart city or smart municipality at the local level, focusing on the importance of mayor as a leader and his competencies in this context. The status of elected representatives of self-government in the branch of labour law is legislatively only marginally regulated, with insufficient terminological and functional interconnection between special legislation and labour law. The aim of the authors is to point out the relationship between the current legislation on prelegal relations between the mayor and his leadership duties and powers and to identify barriers in the implementation of the concept of smart cities in the Slovak Republic.</p> <p>The objective of the scientific study is determined based directly on current needs and emerging practical issues. Understanding and applying these correctly has a fundamental impact on the possibilities of rules in local government. Methodologically, our research relies on the basic methods of scientific abstraction in the context of the analysis of de lege lata legislation with a thorough application of the methods of legal logic. The authors draw attention to the partial questions of the labour status and educational census of the Mayor of the Municipality in the context of smart city concept and propose solutions.</p> </abstract>ARTICLE2022-06-23T00:00:00.000+00:00Orwellian Opinions: The Language of Power and the Power of Languagehttps://sciendo.com/article/10.2478/bjals-2022-0003<abstract> <title style='display:none'>Abstract</title> <p>In 1984 and other writings, George Orwell explored the language of power and the power of language. As illustrations of the abuses he identified, this essay analyzes a pair of famous constitutional opinions, Justice Brown's <italic>Plessy v. Ferguson</italic> and Justice Douglas’ <italic>Griswold v. Connecticut</italic>.</p> </abstract>ARTICLE2022-06-16T00:00:00.000+00:00Kosovo Specialist Chambers As A New Hybrid Court In The International Judicaryhttps://sciendo.com/article/10.2478/wrlae-2021-0016<abstract> <title style='display:none'>Abstract</title> <p>After years of armed conflict and talks with international organisations, the Kosovo authorities agreed to establish an independent judicial body to prosecute the perpetrators of international crimes that took place during the liberation of Kosovo between 1998 and 2000. The Kosovo Specialist Chambers and Specialist Prosecutor's Office, with its jurisdiction over crimes against humanity, war crimes, and other crimes under Kosovo law is one of the newest judicial bodies operating in the international arena. Despite several years of activity of this body, it is not clear whether Kosovo Specialist Chambers is an international court or a hybrid court in its pure form. Outlining the characteristics of a typical hybrid court, followed by an analysis of the legal framework and functioning of the Kosovo Specialist Chambers will allow for a determination of whether this court is a hybrid court or a completely new type of.</p> </abstract>ARTICLE2022-06-08T00:00:00.000+00:00Legal Mechanisms for Adapting Contracts to Changing Economic Conditions in Professional Dealingshttps://sciendo.com/article/10.2478/wrlae-2021-0017<abstract> <title style='display:none'>Abstract</title> <p>In accordance with the principle of freedom of contract, expressed in Article 353<sup>1</sup> of the Civil Code, the parties may shape the legal relationship at their own discretion, inter alia, by including valorisation clauses. Many years of market stabilisation, especially the low inflation rate, led to almost unreflective contracting in business. A number of contracts concluded in recent years do not contain any mechanisms that would allow a change of remuneration due to the change of economic conditions, including in particular, increase of prices. Currently, due to the unstable economic situation and constantly rising inflation, indexation clauses should be widely used to protect parties’ interests. This article focuses on such clauses and the options available to the contracting parties in the absence of incorporation of such reservations in contract. The first part of the article discusses the issue of the indexation clause itself, followed by the issue of protecting the parties from potential losses caused by uncertainty of trade. The following part of article will focus on the secondary action needed to mitigate losses caused by market instability and lack of prior inclusion of indexation clauses in the concluded contract.</p> </abstract>ARTICLE2022-06-02T00:00:00.000+00:00Promoting Asian Economic Development By Designing Culturally Conscious Alternative Dispute Resolution (ADR)https://sciendo.com/article/10.2478/jles-2022-0008<abstract> <title style='display:none'>Abstract</title> <p>It is critical to develop an Asian model of alternative conflict resolution that takes Asian traditions into account. Simply adopting Western standards will be less likely to accommodate Asians’ distinctive approach to conflict resolution. If international business mediation or arbitration is sensitive to cultural requirements and expectations, culture-related issues may be avoided.</p> </abstract>ARTICLE2022-05-19T00:00:00.000+00:00A Review of Defence Pretrial Disclosures Within the Case Management Theory of Criminal Proceedings in Ghanahttps://sciendo.com/article/10.2478/jles-2022-0005<abstract> <title style='display:none'>Abstract</title> <p>This article examines the concept of defense disclosures within the theory of managerialism in criminal proceedings in Ghana. Through a doctrinal and comparative legal analysis with the English jurisdiction, it finds that in substance, the requirement of defense disclosure seeks to move the criminal process from its core protectionist ideology that insulates the accused from matters of proof toward a managerial process informed by objectives of truth-finding, trial efficiency and case management. Ironically, this new direction in the criminal trial process is in practice denounced as being at odds with the procedural due process values that shield the accused from matters of proof and pretrial disclosures. The problem is that unlike in England where the move towards defense disclosures is informed by a clear policy change, the managerial policy introduced by the Judiciary in Ghana is not grounded in any articulated theory or policy direction. While pursuing a path of ensuring effective criminal adjudication through mutual disclosures by the parties, it is important to find a proper balance between the denounced but yet adopted procedural concept of defense disclosures and the highly valued protectionist rights of the accused.</p> </abstract>ARTICLE2022-05-19T00:00:00.000+00:00Regime of Contraventions and Sanctions Related to Vat Tax Declarationshttps://sciendo.com/article/10.2478/jles-2022-0001<abstract> <title style='display:none'>Abstract</title> <p>In order to better collect taxes and combat fraud and tax evasion by strengthening the national legislative framework, a number of regulations and reports have been put in place for monitoring the declaration of all economic operations between partners in a regulated free market. The provisions adopted in the field of taxation in conjunction with the accounting report provided, respectively reported by the entities to the tax authorities, are applied for the correct assessment of their activity in order to combat the practices of tax avoidance, tax fraud, and tax evasion. This study does not analyze the fiscal policy as a whole, this paper addresses the regime of contraventions and sanctions, as well as the repercussions of non-declaration or incomplete or erroneous declaration of the Recapitulative Statements on intra-Community supplies/acquisitions/services (code D390) and Informative declarations on deliveries/services and purchases made in the national territory (code 394), related to value-added tax.</p> </abstract>ARTICLE2022-05-19T00:00:00.000+00:00Society and Law During the SARS-CoV-2 Health Crisis – Legal Thinking Issues and Normative Syntheseshttps://sciendo.com/article/10.2478/jles-2022-0010<abstract> <title style='display:none'>Abstract</title> <p>In this paper, we aim to observe, from a bird’s eye view, the meaning for which law dictates behaviors molded on values naturally hierarchized. The right to life is the absolute value that maintains its central position in any axiological hierarchy. Of course, we refer to the typology of societies connected to democratic and liberal values (more or less accentuated). We propose an approach with philosophical accents while traveling through the sphere of international regulations that protect rights and freedoms. All these will be related to the SARS-CoV-2 pandemic context. We will pay attention to the Romanian political praxis and constitutional justice during the health crisis. Finally, we will explore some legal and social thinking landmarks about what it means to approach a health crisis when it comes to understand and value freedom within the human existence coordinated by law.</p> </abstract>ARTICLE2022-05-19T00:00:00.000+00:00Some Historical Aspects of the Establishment and Development of the “Vor V Zakone” E Bis Institutehttps://sciendo.com/article/10.2478/jles-2022-0003<abstract> <title style='display:none'>Abstract</title> <p>Organized crime is the most dangerous type of criminal activity because organized crime associations run the criminal environment and commit various types of serious criminal acts. The fight against organized crime is, therefore, a priority for individual countries as well as for the world community as a whole. To combat this phenomenon, the United Nations adopted the Convention against Transnational Organized Crime on November 15, 2000, which has been ratified by many countries around the world. In addition, one of the types of organized crime is the so-called “thieves in law” institute, which originated in the former Soviet Union and is known around the world as the Russian mafia, namely the Russian term “Vory v Zakone”, which means “thieves in law”. means. Today, their criminal activities are widespread in many countries. We believe that in order to fight against this criminal association, it is necessary to study the history of its emergence and development. That is why our goal is the so-called. A study of the history of the institute of “thieves in law” and some peculiarities.</p> </abstract>ARTICLE2022-05-19T00:00:00.000+00:00Supervision, One of the Main Aspects in Social Work in Georgiahttps://sciendo.com/article/10.2478/jles-2022-0007<abstract> <title style='display:none'>Abstract</title> <p>This article aims to describe the origin and development of supervision in Georgia, especially in the sector of social workers whose services are focused on the needs of people in difficulty. We will also talk about how training programs and providers (supervisors) are organized today. The intervention of supervisors in social work is very recent in Georgia, but it is notable that it has already impacted in a positive way, which statistics are shown in the article. The information is important for practicing supervisors, those in training, as well as those considering training, and also for those who would simply like to know more about the subject. Currently, scientific and statistical publications on the supervision of social workers in Georgia are quite scarce. We are interested, from a comparative and international perspective, in how supervision is developing in Georgia and where it stands today. The following description presents, from an outside observation, the result of research, statistical data, and interviews carried out with social workers, as well as with the group of supervisors of The LEPL Agency for state Сare and assistance for the (statutory) victims of human trafficking of the Ministry of Internally Displaced Persons from the Occupied Territories, Labor, Health and Social Affairs of Georgia.</p> </abstract>ARTICLE2022-05-19T00:00:00.000+00:00Theoretical and Practical Analysis on the Quality of Active Subject of the Corruption Offenses of the Bank Clerk in the Sense of His Assimilation to the Civil Servanthttps://sciendo.com/article/10.2478/jles-2022-0011<abstract> <title style='display:none'>Abstract</title> <p>The quality of the active subject of the bribery offense that can be retained to the bank clerk is based on the logical-legal argument that the duties he performs are subject to the control of a public authority, which recognizes that at least in terms of the importance of this activity. type of official we place ourselves in an area of authority and public interest. If at the beginning the legislator placed the bank clerk among the private persons who in terms of activities were likely to acquire the status of active subject of the crime of bribery, then he returned and placed him among the category of employees assimilated to civil servants. This much stronger link between the activity of this official, the purpose of his duties and the subordination of his own activity to a public authority, was the new argument underlying the current criminal regulations, which recognizes the quality of active subject of the offense of bribing the bank clerk.</p> </abstract>ARTICLE2022-05-19T00:00:00.000+00:00Inheritance Tax Evasion in Germanyhttps://sciendo.com/article/10.2478/jles-2022-0006<abstract> <title style='display:none'>Abstract</title> <p>It is estimated, that between 2015 and 2024 about 3 trillion € will be inherited in Germany. Due to far-reaching tax exemptions, the inheritance tax revenue per year is only about 7 billion €. Despite the fact, that the income or value-added tax burden is significantly higher, the inheritance tax is more unpopular than other taxes. The objective of the paper is to figure out, whether there is evidence of high tax evasion in the field of German inheritance tax, with a view to the low tax revenue and the high unpopularity of the tax. Therefore, data from the official inheritance tax statistic is compared with secondary data from studies, which estimate the yearly wealth transfer to the next generation by using survey data. The assumption is, that asset classes, which are easy to evade, should be recorded with a lower amount in the official tax statistic, than in the survey-based estimations. But the results do not show evidence of high tax evasion in the field of inheritance tax. As until now, only a small part of the inheritances is recorded in the official inheritance tax statistic, for the future it is recommended to the government, to record all inheritances in the official statistic. Because of far-reaching reporting obligations, the tax offices anyway have knowledge of most inheritances and the additional bureaucratic effort to record the additional data in the official tax statistic is small.</p> </abstract>ARTICLE2022-05-19T00:00:00.000+00:00The Competency of Changing the Deed Legal Framing in Case of Case Declination By the Competent Body. Resumption and Repetition of the On-Site Investigationhttps://sciendo.com/article/10.2478/jles-2022-0009<abstract> <title style='display:none'>Abstract</title> <p>The criminal cases solved lately by the Prosecutor’s office by the court and by the local prosecutor’s offices brought under discussion and caused various opinions on the competency of changing the legal framework of the deed by hitting or other violent acts to attempted murder provided the competency being declined by the prosecutor’s offices by the district courts to the prosecutor’s office by the county court. This issue has become particularly important in view of the recent finding by the Constitutional Court that the elimination from absolute nullities of non-compliance with the rules of substantive jurisdiction and according to the quality of the person of the criminal prosecution bodies is unconstitutional [1]. There are also different points of view regarding the resumption and repetition of the on-site investigation, the conditions in which they intervene, who continues to carry it out, but also the way in which their forensic fixation is fixed.</p> </abstract>ARTICLE2022-05-19T00:00:00.000+00:00en-us-1