Main Content

Issue 2015-01

SOCIETAS ET IURISPRUDENTIA – ISSUE 2015-01

FULL VERSION OF ISSUE 2015-01 (pp. 1-306, PDF, 6018 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in Slovak, PDF, 312 kB)
Editorial Board (in English, PDF, 307 kB)
Contents (pp. 7-8, in Slovak, PDF, 355 kB)
Contents (pp. 9-10, in English, PDF, 351 kB)

STUDIES

REVIEWS

INFORMATION

Information for Authors (pp. 287-292, in Slovak, PDF, 446 kB)
Information for Authors (pp. 293-298, in English, PDF, 438 kB)
Code of Ethics (pp. 299-302, in Slovak, PDF, 405 kB)
Code of Ethics (pp. 303-306, in English, PDF, 403 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)

Abstracts 2015-01

FULL VERSION OF ISSUE 2015-01 (pp. 1-306, PDF, 6018 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in English, PDF, 307 kB)
Contents (pp. 9-10, in English, PDF, 351 kB)

Jana Koprlová
Editorial for Spring Edition SOCIETAS ET IURISPRUDENTIA 2015 (pp. 16-20, in English, PDF, 480 kB)

STUDIES

Helena Barancová
New Legislative Rules of Agency Work in the Slovak Republic (pp. 21-42, in Slovak, PDF, 728 kB)

Abstract: The presented study focuses on the current issues of temporary agency work in relation to the new Slovak legislation in force. Its author specifically concentrates on the following key areas: the current situation on temporary agency work in the Slovak Republic; legal characteristics and new legal aspects; time duration of temporary employment by employee’s temporary assignment; maximum length of the temporary assignment of employee, number of temporary assignments and legal consequences of non-compliance with legal requirements; the principle of equal treatment in temporary agency work; temporary employment agency as an exclusive employer; joint and several liability of using employer for payment of comparable wages; establishment of employment; new employer’s termination reason for employee’s redundancy; exception from offer obligation only for temporary employment agencies; staff catering; work recording of the temporarily assigned employee; termination of employment by law; agreement on termination of employment; options for further cultivating the performance of temporary agency work in accordance with the Directive 2008/104/EC; temporary agency work and case law of the Court of Justice of the European Union.

Key Words: Temporary Agency Work; Seconding Employer; Using Employer; Agency Employee; Agency Work and Principle of Equal Treatment; Exceptions to the Principle of Equal Treatment; Joint Liability of Using Employer and Seconding Employer; Directive 2008/104/EC on Temporary Agency Work; Abuse of Temporary Agency Work; the European Court of Justice Case Law on Temporary Agency Work; the European Union; the Slovak Republic.

Monika Jurčová – Jozef Štefanko
Tenancy Law in Slovakia: Housing Situation, Economic Urban and Social Factors of Housing (pp. 43-108, in English, PDF, 2254 kB)

Abstract: Tenancy law has been deeply rooted in the national housing policy. This policy and the ability of the state to address the housing needs of its inhabitants strongly influences the overall satisfaction of the citizens. The complicated historical, social and political developments in Slovakia during the last century have all been partial reasons, for which the rental sector in Slovakia is deemed underdeveloped. The preliminary thorough analysis of the economic, urban and social factors of housing in this article should serve as a starting point to the closely related interpretation of the tenancy law and trigger de lege ferenda proposals in its realm.

Key Words: Tenancy Law; National Housing Policy; National Housing Situation; Economic Factors of Housing; Urban Factors of Housing; Social Factors of Housing; the Slovak Republic.

Miriam Laclavíková – Andrea Olšovská
The Employment Contract as a Central Institute of Labour Law – Past vs. Present (pp. 109-132, in English, PDF, 702 kB)

Abstract: The freedom of contracts forms the basis of the private-law aspects of the labour law and, in the same time, it expresses a part of the parties’ freedom in the form of contractual autonomy. Within the labour law we recognize the basic types of contracts which, by their legal importance, establish the respective contractual employment relationship (the employment contract and agreements on work performed outside the employment) and other types of contracts which provide, strengthen, deepen, alter, or terminate the already established employment relationship. In the presented study, we aim to outline the development of the legislation governing the employment contract during the 20th Century, with emphasis laid on its modifications which have been depended also on the turbulent political development on our territory.

Key Words: Labour Law; Employment Contract; Employment Relationship; Legal Development; Labour Code; Slovakia.

Renata Pawlik
Identity of Criminal Law at the Time of the European Integration Based on the Example of Poland – Some Comments (pp. 133-175, in English, PDF, 925 kB)

Abstract: The concept of the European integration, together with the ongoing globalization, have caused a shift in the way of thinking about the functioning of not only global society, countries, or international institutions, but have also been changing the feeling of identity of individuals and their identification with a specific group or community. At the same time, the free flow of persons supporting the phenomenon of multi-culturalism, so characteristic for the concept of the European integration, has been determining the transnational nature of crime to a greater extent than before. This transnational character enforces, simultaneously, the development of the tools habitually designed for counteracting crime, including, first of all, traditionally understood criminal law. Unfortunately, it has not been so simple, as there is no uniform concept of criminal law on the continent of Europe; just the opposite – as a rule, the Member States have various ideas about specific objectives the achievement of which it is to support and the outcomes in which it is intended to result, they emphasize their tradition and their unique nature building specific structures on them.

Key Words: Criminal Law; Identity of Criminal Law; European Integration; the European Union; Harmonization; National Sovereignty; Poland.

Marianna Novotná
Liability Aspects of Cross-Border Transport of Nuclear Material with Special Accent Laid on the “Vienna Regime” in the Field of Nuclear Law (pp. 176-197, in Slovak, PDF, 757 kB)

Abstract: Regardless of the quality and coherence of the system of rules on transport of radioactive materials on the level of internationally binding agreements, eventually on the level of intrastate rules on transport, transport of nuclear materials belongs to industries in which it is not possible to exclude the probability of an accident (although no significant nuclear accident during the transport of nuclear material has been registered yet) that can lead to serious nuclear damage (injury) consequences. Therefore, it was necessary to create not only a functioning system of safety and precautionary measures, but also a following system of compensation for any prospective damage caused by the radioactive properties of the material transported. The presented study focuses on the stated compensation system which is primarily generated by the legislation in the field of international nuclear liability law that reflects the particularities of transport of nuclear materials also in relation to subsequent claims related to compensation for resulting nuclear damage. The author has tried to briefly outline the legal framework set in relation to the national and international transport of nuclear materials, with an accent laid on liability aspects of the issue and with highlighting the deficiencies, eventually controversial aspects of the regime.

Key Words: Nuclear Material; Transport of Nuclear Material; Cross-Border Transport; Liability for Nuclear Damage; Vienna Convention on Liability for Nuclear Damage; Paris Convention on Liability in the Field of Nuclear Energy.

Filip Vysudil
Restorative Justice – Definition and Models (pp. 198-215, in Slovak, PDF, 729 kB)

Abstract: The study focuses on the current issues of criminal justice based primarily on the retributive justice model and presents the concept of restorative justice as an alternative which had an extensive expansion in the recent years. The first chapter briefly describes the current status of criminal justice and its main issues. The second chapter describes the definition, ideas, and main principles of restorative justice. The third chapter consists of four subheads, each dedicated to one of four most used restorative justice models – Victim-Offender Mediation, Family Group Conferencing, Circle Sentencing, and Community Reparative Boards. Restorative justice offers new options how to react to crime and seeks to reflect the needs of victims, offenders, and community.

Key Words: Retributive Justice; Restorative Justice; Victim-Offender Mediation; Repression; Family Group Conferencing; Circle Sentencing; Community Reparative Boards; Faciliator; Repression; Restorative Model; Recommended Ethical Guidelines; Neighborhood Boards; Community Diversion Boards.

Eva Repková
Legislation of Abortion and Neonaticide in Socialist Criminal Law (pp. 216-235, in Slovak, PDF, 739 kB)

Abstract: The socialist law brought into the abortion law in the Czechoslovakia undoubtedly a revolutionary change. Under the influence of the socialist legal system, almost invariable conservative approach of the criminal law in relation to the abortion operating on the Slovak territory from the earliest ages, has been gradually transforming and reached a status in which Slovakia became one of the countries with the most liberal regulation of the abortion law in the world. Given the fact that the development of the abortion legislation in the R.S.F.S.R., since the decriminalization of abortion by decree in 1920, has not been developing continuously, this study partially focuses also on the development of the socialist legal position on the abortion. Since the adoption of the Law No. 86/1950 Coll. (the Penal Code, sections 227 – 229), the approach to the crimes of abortion and neonaticide (killing of newborn by its mother), as typologically female crimes, has gradually been moderated and punishment for such crimes became less severe. At the same time, abortion terminology has been modified and there were changes in the approach to offenders. Moreover, more indications for legal abortion have been allowed. All of the above was supposed to adapt the criminal law on abortions to a new liberal legal regulation.

Key Words: Socialist Criminal Law; Penal Code No. 86/1950 Coll.; Penal Code No. 140/1961 Coll.; Abortion; Expulsion of Fetus; Neonaticide; Killing of Newborn by Its Mother; Legalization; Decriminalization; Indication; U.S.S.R.; R.S.F.S.R. (Russian Soviet Federative Socialist Republic); Czechoslovakia.

Slávka Sedláková – Zlata Vaľovská
Relationship between Assets Positions and Financial Autonomy of the Self-Governing Regions in the Slovak Republic (pp. 236-255, in Slovak, PDF, 926 kB)

Abstract: The adequate equity position is necessary for ensuring the performance of original and transferred competences of the self-governing regions. Assets owned by the self-governing regions help to provide public goods and enable them to do own business. Business activities of the self-governing regions allow supporting the development of deficient activities in the region and increase the local competitive environment, which also contributes to its economic prosperity. The aim of the paper is to analyze the utilization rate of the assets of the self-governing regions in the Slovak Republic in obtaining additional sources of funding for the period of years 2008 – 2012. The results show a positive relationship between the value of fixed assets and income from the Slovak self-governing regions’ property ownership and doing business in the period of years 2008 – 2012. Therefore, we can talk about a positive impact of assets ownership of the Slovak self-governing regions in relation to increasing their rate of self-financing and financial independence.

Key Words: Assets Property; Business Activities; Performance; Self-Governing Regions, Financial Autonomy; the Slovak Republic.

Jana Koprlová
Applying the Skip Navigation Links in the Context of the Websites’ Accessibility of Central Public Administration Bodies in the Trnava Region (pp. 256-273, in English, PDF, 1205 kB)

Abstract: The study focuses in its main aim on seeking yet undetected or undefined deficits in relation to applying the skip navigation mechanism on the websites of the central public administration bodies in the Trnava Region in the context of improving the websites accessibility and it consists of two separate parts. The first part presents a basic introduction to the questions of skip navigation links, with the key attention paid to the following three main areas: applying of skip navigation links, visual hiding of skip navigation links, and web browsers’ bug related to skip navigation links. The second part of the study concentrates on the basis of analysis of applying the skip navigation links on the websites of the central public administration bodies in the Trnava Region on the processes focused on detection of potential deficits and gaps in the websites’ accessibility or related possible non-compliance with the legislation in force.

Key Words: Websites; Websites’ Accessibility; Skip Navigation Links; Public Administration; Central Public Administration Bodies; Compliance with Legislation in Force; the Trnava Region; Analysis.

REVIEWS

Štefan Siskovič
Mosný, Peter and Miriam Laclavíková: History of the State and Law on the Territory of Slovakia II. (1848 – 1948). Kraków: Towarzystwo Słowaków w Polsce, 2014. 190 p. ISBN 978-83-7490-768-2 (pp. 274-276, in English, PDF, 553 kB)

Abstract: Reviewing the textbook Mosný, Peter and Miriam Laclavíková: History of the State and Law on the Territory of Slovakia II. (1848 – 1948).

Key Words: Review; Textbook; History of State; History of Law; Slovakia.

INFORMATION

Helena Barancová – Jana Koprlová
Information on Studying Law at the Faculty of Law of the Trnava University in Trnava, Slovakia (pp. 277-281, in English, PDF, 513 kB)

Abstract: Information on studying Law at the Faculty of Law of the Trnava University in Trnava, Slovakia.

Key Words: Information; Studying Law; Faculty of Law of the Trnava University in Trnava, Slovakia.

Tomáš Strémy
Overview of Scientific Events Organized by the Faculty of Law, Trnava University in Trnava, Slovakia, until the End of the Year 2015 (pp. 282-286, in English/in Slovak, PDF, 555 kB)

Abstract: Overview of scientific events organized by the Faculty of Law, Trnava University in Trnava, Slovakia, until the end of the year 2015.

Key Words: Information Overview; Scientific Events; Faculty of Law of the Trnava University in Trnava, Slovakia, Year 2015.

Information for Authors (pp. 293-298, in English, PDF, 438 kB)
Code of Ethics (pp. 303-306, in English, PDF, 403 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)