Main Content

Issue 2019-01

SOCIETAS ET IURISPRUDENTIA – ISSUE 2019-01

FULL VERSION OF ISSUE 2019-01 (pp. 1-182, PDF, 2525 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in Slovak, PDF, 326 kB)
Editorial Board (in English, PDF, 321 kB)
Contents (pp. 9-9, in Slovak, PDF, 344 kB)
Contents (pp. 10-10, in English, PDF, 335 kB)

STUDIES

Information for Authors (pp. 166-170, in Slovak, PDF, 424 kB)
Information for Authors (pp. 171-175, in English, PDF, 416 kB)
Code of Ethics (pp. 176-178, in Slovak, PDF, 403 kB)
Code of Ethics (pp. 179-182, in English, PDF, 398 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)

Abstracts 2019-01

FULL VERSION OF ISSUE 2019-01 (pp. 1-182, PDF, 2525 kB)

Front Cover and Colophon (in Slovak/in English, PDF, 690 kB)
Editorial Board (in English, PDF, 321 kB)
Contents (pp. 10-10, in English, PDF, 335 kB)

Jana Koprlová
Editorial for Spring Edition SOCIETAS ET IURISPRUDENTIA 2019 (pp. 15-18, in English, PDF, 459 kB)

STUDIES

Helena Barancová
Protection of Weaker Party in Labour Law (pp. 19-46, in Slovak, PDF, 792 kB)

Abstract: The protective function of the labour law is its dominant function. The protective function of the labour law must also be respected by the Slovak legislator by every legislative change of the labour law also in the future. Not only the Constitution of the Slovak Republic, as it follows from the Article 36, but also the international labour law, the law of the Council of Europe as well as the labour law of the European Union bind him to this. The Civil Procedure Code which deals with the settlement of the labour disputes before the court considers these disputes to be disputes with the protection of the weaker party, for which specific procedural rules apply, more favourable to the employee as the party to the dispute. In the paper, the author analyses the extent to which the protection of the weaker party is respected by the Slovak legislator in the existing substantive regulation of the labour law relations. The author’s analysis focuses on a number of labour law institutes, in particular on the area of pre-contractual relations, on the issues of current working time regulation, on the issue of termination of employment by the employer and on other areas. In particular, according to the author, the area of the labour law regulation of working time has more serious reserves in protecting an employee as a weaker party.

Key Words: Labour Law; Protection of Weaker Party; Labour Law Relations; Employee; Employer; Pre-contractual Relations; Working Time; Vacation; Termination of Employment by Employer; the European Union; the Slovak Republic.

Igor Ivanovich Babin
Modern Models of Mediation (pp. 47-77, in Russian, PDF, 848 kB)

Abstract: The popularity of mediation as an alternative dispute resolution is constantly growing. It is not by chance that in many countries mediation is regulated by law, and mediation itself is an indispensable means of pre-trial settlements of disputes. However, the mediation itself is not a homogeneous phenomenon. Today, along with the classical model of mediation, other models emerge and develop, which differ in procedure, reflect various theories and strategies. The paper attempts to systematize the modern directions of development of mediation. The study and research of mediation models are of great theoretical and practical importance, since they allow to identify the most appropriate areas of application of a particular model. Mediation models do not pretend to universal application, but serve as a conceptual guide for practicing mediators and parties to a conflict as well as those interested in studying mediation as a complex, multidimensional phenomenon.

Key Words: Law; Alternative Dispute Resolution; Mediation; Mediation Model; Classical Mediation Model; Right-oriented Mediation Models; Psycho-oriented Mediation Models.

Katarzyna Banasik
Offence of Failure to Report a Work-related Accident in Poland (pp. 78-91, in English, PDF, 634 kB)

Abstract: This paper focuses on the criminal offence of failure to report a work-related accident. The offence in question has been defined under the Article 221 of the Polish Criminal Code. The author starts by considering what kind of interest is protected against the offence in question and continues with a detailed analysis of the offender and the objective element of the offence. The author also explains the mental element of this crime and analyses the relevant provisions of the Polish Criminal Code, Labour Code and other legal acts concerning labour law and social insurance law.

Key Words: Criminal Law; Labour Law; Social Insurance Law; Work-related Accident; Fatal Work-related Accident; Duty to Report Work-related Accident; Criminal Code; Labour Code; Poland.

Martin Štefko
Singular Succession of Obligation to Compensate for the Loss Caused by Occupational Accident or Occupational Disease (pp. 92-107, in Slovak, PDF, 709 kB)

Abstract: The presented paper describes for more than 25-year-lasting shortcomings of the current Czech legal regulations on employer’s liability in case of injury caused to employee as a result of occupational accident or occupational disease. The above-mentioned shortcomings arise from a combination of employer’s liability for damage caused to an employee by an occupational accident or occupational disease and statutory employer’s insurance specified for this case. In the context of the subject in question, we analyse the wrong practice of the lower courts, which, however, leads (at least in part) to correcting the inappropriate and ineffective legislation. Specifically, there are cases of transfer of rights and obligations from employment relationships with a universal legal successor where the courts in civil proceedings for compensation for damage caused to former employees in respect to occupational accident or occupational disease by a merged employer decide that in the proceedings the court will continue with the Czech Insurance Company or the Kooperativa Insurance Company, Vienna Insurance Group, where the merged employer is insured, instead of with the universal legal successor of the merged defendant company (employer).

Key Words: Labour Law; Employer; Employee; Employer’s Responsibility; Transfer of Rights and Obligations from Employment Relationship; Occupational Accident; Occupational Disease; Merger; the Czech Republic.

Shu-Chien Jennifer Chen
Lost in Translation? Rethinking the Oil and Gas Industry Formula under the Common Consolidated Corporate Tax Base Directive Proposal (pp. 108-137, in English, PDF, 926 kB)

Abstract: The oil and gas industry is an important industry for several European countries. Due to the uniqueness of the industry, there have been special corporate taxation rules for the oil and gas industry where jurisdiction adopts formulary apportionment rules for levying cross-border corporate taxation. Alaska of the United States of America is a typical jurisdiction where a special formula for the oil and gas industry is provided and the Common Consolidated Corporate Tax Base Directive Proposal under the European Union law has also a special formula for the oil and gas industry, due to the influence from the United States of America formulary apportionment experiences. Based on the comparison between the Common Consolidated Corporate Tax Base and Alaska experiences, this paper shows that the Common Consolidated Corporate Tax Base’s oil and gas industry formula has two theoretical flaws. The paper suggests that the fundamental rationale for the oil and gas industry should reaffirm the importance of the resource origin and a special asset factor is necessary for the oil and gas industry for improving the current Common Consolidated Corporate Tax Base Directive Proposal. The current Common Consolidated Corporate Tax Base Directive Proposal has made an effort to take into account the interests of the natural resource origin countries, but it used a wrong policy tool. The original aim of the oil and gas industry formula is not achieved and new tax planning loopholes are created. The Common Consolidated Corporate Tax Base’s oil and gas industry formula is also a typical example that illustrates the risk of the “lost in translation” in comparative law research and legal transplantation.

Key Words: European Union Law; Oil and Gas Industry; Formulary Apportionment; Common Consolidated Corporate Tax Base; Alaska; the European Union.

Jana Koprlová
International Legal Protection of Wild Fauna in Context of the Convention on the Conservation of Migratory Species of Wild Animals (pp. 138-165, in Slovak, PDF, 1019 kB)

Abstract: The aim of this paper is to introduce and to clarify the issue of international legal protection of migratory species of wild fauna in the context of its determining, the only global convention aimed at protection of migratory species of wild animals, their habitats and migratory routes, which is the Convention on the Conservation of Migratory Species of Wild Animals, also known as the so-called Bonn Convention. The paper defines the background of its adoption, the essential characteristics, the essence of its functioning, the protection system embedded in it as well as its fundamental bodies, while clarifying the underlying key pillars of its effective functioning.

Key Words: International Public Law; Protection of Wild Fauna; Protection of Migratory Species; Convention on the Conservation of Migratory Species of Wild Animals; International Community.

Information for Authors (pp. 171-175, in English, PDF, 416 kB)
Code of Ethics (pp. 179-182, in English, PDF, 398 kB)
Back Cover (in Slovak/in English, PDF, 632 kB)