Main Content

Issue 2018-02

SOCIETAS ET IURISPRUDENTIA – ISSUE 2018-02

FULL VERSION OF ISSUE 2018-02 (pp. 1-174, PDF, 2404 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in Slovak, PDF, 327 kB)
Editorial Board (in English, PDF, 321 kB)
Contents (pp. 9-10, in Slovak, PDF, 349 kB)
Contents (pp. 11-12, in English, PDF, 341 kB)

STUDIES

ESSAYS

Information for Authors (pp. 158-162, in Slovak, PDF, 424 kB)
Information for Authors (pp. 163-167, in English, PDF, 416 kB)
Code of Ethics (pp. 168-170, in Slovak, PDF, 410 kB)
Code of Ethics (pp. 171-174, in English, PDF, 398 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)

Abstracts 2018-02

FULL VERSION OF ISSUE 2018-02 (pp. 1-174, PDF, 2404 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in English, PDF, 321 kB)
Contents (pp. 11-12, in English, PDF, 341 kB)

Jana Koprlová
Editorial for Summer Edition SOCIETAS ET IURISPRUDENTIA 2018 (pp. 17-20, in English, PDF, 457 kB)

STUDIES

Andrey Alekseyevich Bogustov
Problems of Recognition of Scientific Discovery as Object of Intellectual Property (pp. 21-40, in Russian, PDF, 754 kB)

Abstract: The paper analyses the problems which prevent the recognition of the scientific discoveries as the legitimate objects of intellectual property. The subjects of the research are the definition and characteristics of the scientific discovery in the international legislation, the Commonwealth of Independent States legislation and the legislation of the other selected countries. Comparative and historical methodologies in the legal science are the main research methods applied in this research. The research conducted in the paper leads to the following conclusions: Firstly, the impossibility of providing the clear definition of the “scientific discovery” is a serious problem which prevents the recognition of the scientific discovery as the object of intellectual property. Secondly, the limited nature of the subjective rights of the author (most of all, the lack of the exclusive authorship rights) leads to the exclusion of the scientific discovery from the legitimate objects of the intellectual property rights. Thirdly, the suggested procedure for the registration of the rights for the scientific discoveries may lead to the collisions with the mechanisms of granting protection for the other objects of the intellectual property law (for example inventions).

Key Words: Civil Law; Author; Copyright; Intellectual Property; Object of Intellectual Property; Invention; Model Legislation; Property Rights; Scientific Discovery; the Commonwealth of Independent States.

Martin Štefko
Right to Strike in Light of the International Labour Organization Recommendations (pp. 41-57, in Czech, PDF, 723 kB)

Abstract: This paper deals with the right to strike and its fundamental challenges in the Czech labour law. There is only one statutory regulation of strikes (i.e. strikes during collective bargaining to conclude a collective agreement). Oddly enough, those employees who neglect said statutory regulation and strike on constitutional grounds to protect their economic and social freedoms enjoy wider room of manoeuvre. Even today, the strike law is full of vitality that is only to certain degree controlled by the law. The Czech legislator has been unable to pass a law on political and labour strikes in the last three decades. Legal barriers against violence and misconduct have been built up by the Czech courts. Although majority of them is in compliance with the Committee on Freedom of Association of the Governing Body of the International Labour Organization, there are still legal loopholes unsolved by neither national legislation nor the case-law.

Key Words: Labour Law; Strike; Strike Elections; Illegal Strike; Committee on Freedom of Association of the Governing Body of the International Labour Organization; the Czech Republic.

Marianna Novotná
Socio-historical Factors for Establishing the Institute of Innkeepers’ Liability and Its Current Legal and Economic Context of Existence (pp. 58-71, in Slovak, PDF, 695 kB)

Abstract: Liability legal relations arising between the operator of the lodging services and his/her guests the subject of which are the guests’ belongings brought to the lodging facility belong also thanks to their deep historic roots of regulation to the legal institutes enjoying their firm position in the modern obligation regulations de lege lata, however, abstracting from the initiatives of the European tort soft law, also to the legal institutes which do not lack their current nature, even de lege ferenda. The paper addresses the legal, economic and social factors forming the character and the fundamentals of the innkeepers’ liability which have been subject to specific historical circumstances and development of social relations in general as well as the verification of their justifiability within the current social relations.

Key Words: Tort Law; Liability for Damage; Innkeepers’ Liability; Hotel-keepers’ Liability; Social Factors; Harmonisation of Tort Law.

Jakub Tomšej
The Czech Republic and Movement of Workers: A Missed Opportunity? (pp. 72-84, in English, PDF, 657 kB)

Abstract: The paper contains reflections of the author on the Czech labour market and on diverse aspects of the Czech legal regulation of working abroad. The Czech Republic stands in a versatile position of both a “sending” and a “receiving” country in terms of movement of workers and it has its historical experience with migration. The author summarises arguments for creating an open and competitive labour environment. An analysis of the applicable legal regulation, however, shows that these arguments may not have been heard by the Czech lawmakers. In case of the non-European Union/European Economic Area workers, the applicable laws and processes create unnecessary hurdles for obtaining a work permit and performing work within the territory of the Czech Republic. The author debates the current legal regulation of the employee card and proposes measures to make the system more accessible for applicants.

Key Words: Labour Law; Immigration; Employment of Foreigners; Work Permit; Employee Card; the Czech Republic.

Kristián Blaškovič
International Legal Aspects of the Russian Annexation of the Crimean Peninsula (pp. 85-123, in Slovak, PDF, 1077 kB)

Abstract: This paper deals with a detailed assessment of the legality of the Russian military action on the Crimea in year 2014 which is generally considered as an aggression. The author does not want to challenge this view; rather he attempts to offer a detailed analysis of several explicit or implicit justifications put forward by Russia. First of all, he sets a legal framework for analysis, then identifies relevant legal aspects concerning the so-called Crimean question (i.e. protection of the Russian minority, remedial secession, intervention by invitation, self-determination, regional referendum) and, finally, provides a detailed analysis of each of them from the international and the national points of view. In the paper, he pays attention also to the international debates concerning the Crimea which took place predominantly at the United Nations Security Council and, to lesser extent, at the General Assembly of the United Nations.

Key Words: International Public Law; the United Nations Organization; the United Nations Security Council; Charter of the United Nations; Annexation; Aggression; Legality; Use of Force; the Crimea; the Russian Federation; Ukraine.

Daniela Hlobíková
The Principle of Non-discrimination in B2B Relationships (pp. 124-144, in Slovak, PDF, 714 kB)

Abstract: The author examines the possibilities of applying the general legal principle of the European law – the principle of equality (in other words, the principle of non-discrimination) in the horizontal legal relations between the business entities. The answer to the question whether the principle applies to the B2B relationships is conditioned by identifying the content of that legal principle and by determining its applicability to the private law relationships. The author also deals with the related issue of non-discrimination in the competition law.

Key Words: The European Union Law; General Legal Principle; Non-discrimination; B2B Relationships.

ESSAYS

Vladimíra Dercová
Aspects of Euthanasia in Criminal Law (pp. 145-157, in Slovak, PDF, 632 kB)

Abstract: The question of euthanasia and its impunity raises many legal and moral issues which are not answered. The intention of this paper is not to express an opinion about suitability or morality of euthanasia or assisted suicide and it also does not contain criticism of legislations of states which enacted impunity of euthanasia or assisted suicide. The paper provides a legal overview of the issue of euthanasia. Presented findings give us a view on foreign legislations that established the impunity of euthanasia or assisted suicide and explain how the Slovak legislation qualifies such proceedings.

Key Words: Criminal Law; Euthanasia; Assisted Suicide; Assassination; Failure to Provide Assistance; the Slovak Republic.

Information for Authors (pp. 163-167, in English, PDF, 416 kB)
Code of Ethics (pp. 171-174, in English, PDF, 398 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)