Main Content

Issue 2014-01

SOCIETAS ET IURISPRUDENTIA – ISSUE 2014-01

FULL VERSION OF ISSUE 2014-01 (pp. 1-228, PDF, 4621 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in Slovak, PDF, 317 kB)
Editorial Board (in English, PDF, 306 kB)
Contents (pp. 7-8, in Slovak, PDF, 346 kB)
Contents (pp. 9-10, in English, PDF, 343 kB)

STUDIES

Information for Authors (pp. 209-214, in Slovak, PDF, 445 kB)
Information for Authors (pp. 215-220, in English, PDF, 444 kB)
Code of Ethics (pp. 221-224, in Slovak, PDF, 404 kB)
Code of Ethics (pp. 225-228, in English, PDF, 403 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)

Abstracts 2014-01

FULL VERSION OF ISSUE 2014-01 (pp. 1-228, PDF, 4621 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in English, PDF, 306 kB)
Contents (pp. 9-10, in English, PDF, 343 kB)

Jana Koprlová
Editorial for Spring Edition SOCIETAS ET IURISPRUDENTIA 2014 (pp. 15-18, in English, PDF, 461 kB)

STUDIES

Jacek Dworzecki
Police Task of Agents for the Protection of Human Rights in Poland (pp. 19-27, in English, PDF, 636 kB)

Abstract: This paper presents the tasks entrusted to officers of the Polish police acting on behalf of the Chief of Police and Provincial Police Commanders, proxy functions for the protection of human rights. In addition, the text indicates the principal regulations which currently form the Polish police law and which discuss the issues in the area of respect for human rights and freedoms.

Key Words: Human Rights; Proxy for Human Rights; the Polish Police; Poland.

Stanislav Přibyl
Prolegomena in the Canon Law – the Charismas and Their Institutionalization in the Early Church (pp. 28-49, in Czech, PDF, 732 kB)

Abstract: The presented study focuses on the key issues of the Canon law – the charismas and their institutionalization in the Early Church. The author pays his attention primarily to following questions: Glossolalia, Divination, Teachers, Healing, Introducing the Church, Stabilization of the Church Structures, and the Highest Shepherd.

Key Words: The Canon Law; Prolegomena; Charismas and Their Institutionalization; the Early Church; Introducing the Church; Stabilization of the Church Structures.

Peter Vyšný
Kinship and Family Law in Mexico-Tenochtitlan (pp. 50-82, in Spanish, PDF, 880 kB)

Abstract: The article deals with the kinship system and the family law of the Aztecs/Nahuas, the inhabitants of the prehispanic central Mexican urban state Tenochtitlan. Aztecs viewed the kinship as a rope that ties people to each other, whereas the family did not (at least primarily) understand as personal ties, but as household. Both structure and terminology of the Aztec kinship were rich and complex. The Aztec family law was a traditional customary law that the legislation of the Aztec state had affected only to a limited extent. To marry and to have children was considered a bounded duty of all Aztecs except for priests. Polygyny wasn’t prohibited, but the majority of Aztecs preferred a monogamous marriage. Monogamous marriage could be either temporary or for indefinite periods. The marriage for indefinite periods was entered into by special ceremonies performed by the groom, bride and their parents, without the presence of any official or priest. In principle, Aztec wives were neither personally, nor in the economic sense essentially subjected to their husbands. Divorce was allowed but strongly deprecated by the society. Parental authority included a number of rights. It disappeared with the marriage of the child.

Key Words: Aztecs; Tenochtitlan; Kinship; Family; Family Law; Mexico.

Ján Miertuš – Vanda Rísová – Miroslava Vráblová
Quo Vadis, Forensic Genetics? (pp. 83-105, in Slovak, PDF, 1410 kB)

Abstract: Forensic genetics together with many other scientific fields connected to molecular biology and its development is currently experiencing epochal change through the introduction of high-power technologies. With reference to the literature the authors summarize the newest knowledge in the field of judicial genetics as well as some fairly interesting examples of development expected in the near future. In this context, it seems necessary to underline the importance of bio-molecular technologies as well as the importance of modelling and software processing of statistical data in the simulation of both downwards – genotype or upwards – phenotype. DNA analysis method represents a very useful instrument appropriate for identification of individuals from the forensic point of view. This is a rapidly evolving field of forensic biology. Forensic experts, however, consider genetic identification to be a complex and time-limited technological process.

Key Words: DNA Analysis Method; Downwards – Genotype; Upwards – Phenotype; Forensic Biology; Forensic Genetics; Identification of Individuals.

Marianna Novotná – Martina Uhliarová
Procedural Aspects of Liability for Nuclear Damage (pp. 106-130, in Slovak, PDF, 771 kB)

Abstract: The aim of this study is to point out the mutual interaction of procedural rules for determining jurisdiction of courts, to point out the effects of mutual confrontation of these rules as well as to point out other procedural questions closely related to the specifics of nuclear legislation (e.g. standing of subjects) from the perspective of the Slovak court as a court entitled to act. Taking into account particularly the national procedural connotation of the nuclear liability issue, and regarding to the considerable complexity of international rules for determining jurisdiction of courts whose solution goes beyond the scope of this paper, the procedural rules of the international nuclear conventions will be analyzed only to the extent which is necessary for the purpose of determining the jurisdiction of the Slovak courts. For similar reasons, only marginal attention will be given to the Brussels I Regulation as the relationship of the rules contained in the regulation to the nuclear legislation of contracting and non-contracting states of nuclear liability regimes requires a separate analysis.

Key Words: Liability for Nuclear Damage; Vienna Convention on Civil Liability for Nuclear Damage; Protocol to Amend the 1963 Vienna Convention; Authorizing Decision; Brussels I Regulation; Jurisdiction of Courts; Causal Material Jurisdiction.

Filip Michalíček
Right to Privacy of Employees in the Legal Practice of Courts in the Slovak Republic and the Czech Republic (pp. 131-146, in Slovak, PDF, 649 kB)

Abstract: The presented study focuses on the current issues of the right to privacy of employees in the legal practice of the courts in the Slovak Republic and the Czech Republic. Its author specifically concentrates on the following priority areas: the right to privacy in the decision-making processes of the Constitutional Court of the Slovak Republic; the right to privacy in the decision-making processes of the general courts of the Slovak Republic; legal practice of the courts in the Czech Republic; the right to privacy in the legal practice of the Constitutional Court of the Czech Republic; the right to privacy in the legal practice of the Supreme Court of the Czech Republic.

Key Words: Right to Privacy; Employees; Legal Practice of the Courts; Constitutional Court; Supreme Court; General Courts; the Slovak Republic; the Czech Republic.

Eva Repková
Abortion and Infanticide in the Modern Hungarian Criminal Law (pp. 147-173, in Slovak, PDF, 814 kB)

Abstract: The deliberate killing of an unborn child – abortion and the intentional killing of newborns by their mothers – infanticide have always been a rather frequent phenomenon. Certain cultures tolerated these acts, but on the other hand, many civilizations severely punished them, which was related to the advancement of value orientation of the culture or to the established normative system. The protection of unborn and newborn children became the part of the Hungarian criminal law as the value of fundamental social importance, especially under the influence of Christian principles those considered child to be an absolute social value since the conception. Abortion and infanticide legislation fluctuated from relatively lenient canonical penalties and homage in the Middle Ages through the New Ages draconian absolutistic criminal codes, which almost regularly used a capital punishment for such offenses. The period of the 19th century represents a radical political and cultural break and could be considered a beginning of mitigating the criminal prosecution of these offenses, which means a transformation of the entire purpose of punishment, as well. The paper is therefore focused specifically on the period of the 19th century in order to provide an overview of the criminal legislation and judicial decisions in relation to these offenses. The study emphasizes the modifications to the legislation of abortion and infanticide which are simultaneously compared with absolutistic scribes of the Habsburg monarchy and modern criminal legislation.

Key Words: Abortion; Infanticide; Büntetöjogtan; Hungarian Criminal Code; Austrian Criminal Code; Illegitimate Child; Unwed Mother; Animated Fetus.

Miroslava Szarková
Functions of the Personnel Marketing in the Perception of Business Managements in the Slovak Republic (pp. 174-185, in Slovak, PDF, 711 kB)

Abstract: The personnel marketing is a modern scientific discipline that follows the knowledge base of the management, marketing and human resource management and which is currently being developed dynamically. The following paper is a presentation of partial results of the research project VEGA 1/0053/12 concentrated on clarifying the functions of the personnel marketing at the current stage of the financial and economic crisis, which has been realized in enterprises operating in the Slovak Republic in the year 2013.

Key Words: Personnel Marketing; Functions of the Personnel Marketing; Labour Market; Work Position; Survey; the Slovak Republic.

Natália Matkovčíková
Work Injuries in Small and Medium-Sized Enterprises in the Slovak Republic (pp. 186-196, in Slovak, PDF, 772 kB)

Abstract: Work injury belongs to the long-monitored economic indicators not only in business but also in the whole society, because it affects the lives of not only all by the trauma affected individuals but also of their families and it ultimately affects the performance of the whole economy. To the sphere of professions which can generally be considered to be mentally and physically demanding, includes above all the construction industry. The paper discusses the specific psychological conditions, contexts and consequences of work injuries recorded by this work. The paper was created within the project VEGA 1/0053/12.

Key Words: Injuries; Work Injuries; Sustainable Development; Small and Medium-Sized Enterprises; Construction Industry; the Slovak Republic.

Martin Andrejčák
Disparity Focused Personnel Audit (pp. 197-208, in English, PDF, 681 kB)

Abstract: Acquisition of information about the status and level of human resource management in enterprises/organizations/corporations is the subject of the personnel audit, the importance of which, as illustrated by the current theoretical and practical knowledge, continues to grow especially in the context of realizing the importance of the quality of human resources in the enterprises/organizations/corporations and the quality of their management in the direction of the ability to compete. With the ongoing globalization as well as the aging population and workforce there is an increased number of enterprises/organizations/corporations those are expanding their scope to other markets and establish branches abroad and become more multi-generational. This is closely linked to the interaction of employees of other cultures, age and gender with which we meet also in the implementation of the personnel audit. This paper describes the personnel audit focused on the disparity and also presents partial results of the conducted monitoring. The paper was created within the project VEGA 1/0053/2012.

Key Words: Personnel Audit; Disparity; Age; Gender; Culture; Globalization; the Slovak Republic.

Information for Authors (pp. 215-220, in English, PDF, 444 kB)
Code of Ethics (pp. 225-228, in English, PDF, 403 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)