Amendment Of Code Research Articles

Posiedzenia zdalne w sprawach cywilnych jako odpowiedź na sytuację kryzysową wywołaną przez COVID-19

Crisis situation induced by the pandemic caused by the SARS-CoV-2 coronavirus has influenced the way of organization of hearings in civil cases. Undoubtedly, the possibility of remote meetings that was introduced by the Act on special solutions related to the prevention, counteracting and combating of COVID-19, other infectious diseases and crisis situations caused by them, was a novelty in Polish civil procedure. The main research intention of the article was to assess the impact of the regulation caused by the crisis situation on the current wording of the provisions of civil procedure. Following the amendment of the Civil Procedure Code of 7 July 2023, the provisions of the Covid Act were implemented in this area into the Civil Procedure Code. The article focused on assessing the impact of civil proceedings with the use of remote hearings on the implementation of the principles of fair trial, in particular the principle of open proceedings. Risks associated with the use of sentencing that have arisen in practice and ways of avoiding them have also been identified.

손해배상에 관한 민법 개정 예비초안 검토

This article introduces and reviews the content of the preliminary draft prepared by the Civil Code Amendment Committee, established in June 2023. The focus is on the amendments related to damages in Chapter 1, Section 2 of Part III of the Civil Code, which deals with the effectiveness of obligations. Specifically, it examines the proposed revisions to Article 390 (Non-performance of Obligations and Damages), Article 393 (Scope of Damages), Article 394 (Method of Compensation for Damages), Article 396 (Comparative Negligence), Article 397 (Special Provisions for Monetary Debt Default), Article 398 (Liquidated Damages), and the newly proposed Article 395-2 (Reimbursement of Expenses). The primary perspective for this review is to ensure the continuity and connection of discussions on the amendment of the Civil Code by comparing it with the 2004 amendment proposals and the 2013 revision draft. Additionally, in order to enhance the efficiency of the discussions, the review will focus on the modifications in the preliminary draft compared to previous amendments, as well as the alternatives proposed by the review committee. This review will be conducted with reference to domestic legal theories, precedents, and foreign legislative examples from a legislative standpoint. From a practical perspective, the most crucial aspect of the current Civil Code revision is to codify established doctrines and case law to prevent further interpretive disputes and clarify legal expressions. Particularly, as in the case of the preliminary draft concerning the regulations on damages, where the abstract nature of the Civil Code provisions has led to the resolution of cases through interpretation, codifying established case law can enhance predictability. However, in the process of codifying case law, it is necessary to consider whether such codification may hinder the development of legal principles through interpretation by fixing the doctrines in a manner that could affect the future evolution of legal theories and case law.

The impossibility of providing an employee with a job as a new special ground for terminating an employment contract at the initiative of the employer: regarding the expediency of assigning it to the special grounds for dismissal

The introduction of martial law had a significant impact on all spheres of Ukrainian society. There was an urgent need to make changes to laws and other normative legal acts that establish the basic rights and freedoms of citizens and regulate the most important spheres of social relations. The attention of legislators also affected labor legislation, because in the conditions of martial law it became extremely important to ensure a balance between the needs of the state, the interests of employers and guarantees to employees. The study is devoted to the amendment of the Labor Code of Ukraine, namely, Article 41 of the said Code establishes a new additional ground for terminating an employment contract at the initiative of the employer with certain categories of employees under certain conditions - the impossibility of providing the employee with the work specified in the employment contract due to with the destruction (absence) of production, organizational and technical conditions, means of production or property of the employer as a result of hostilities. During the analysis of the new basis, the guarantees provided to employees upon such dismissal, the possibility of its application to officials, as clearly defined by law categories of employees of legal entities, state bodies, and local self-government bodies, were considered. Since the Labor Code of Ukraine was amended specifically to Article 41, which defines additional grounds for terminating an employment contract at the initiative of the employer with certain categories of employees under certain conditions, the interpretation of the terms «general» and «additional» was considered and attention was focused on the rationality of the use of the term «special». It is also noted that the new ground for termination of the employment contract at the initiative of the employer is not an addition to the adjacent or other ground, it is the same basic one, which provides for a certain procedure for termination, providing employees with the guarantees provided for by law, and concerns certain categories of employees, in particular, officials. During the study of a new ground for terminating an employment contract at the initiative of the employer, the question of the expediency of its attribution to special grounds for dismissal is considered, and attention is focused on justified propriety and the inclusion of the specified grounds for dismissal among the general grounds for dismissal, which are provided for in Article 40 of the Labor Code of Ukraine.

Zakres zmian w obszarze prawa karnego wykonawczego dokonany na podstawie ustawy z dnia 7 lipca 2022r. o zmianie ustawy – Kodeks karny oraz niektórych innych ustaw

The article addresses issues in the field of executive criminal law. The author presents and analyzes the individual, and at the same time the most important, changes made to the Executive Criminal Code under the Act of July 7, 2022 on the amendment of the Criminal Code Act and some other acts, and indicates the potential effects of the from the introduction of these changes in the practical model of conducting executive criminal proceedings.

Criminal offenses against honor and reputation in the light of the amendment of the Criminal code of the Republic of Srpska

The issue of (de)criminalization of behavior that injures, that is, endangers honor and reputation is one of the most important in modern criminal law. The demand for decriminalization arises from the norms of international law and it rests on the postulate of the right to freedom of thought and expression. However, it is also inviolable the right of a person to protect his honor and reputation, which is the basis of criminalization. Because of that it is not easy to find a balance in the exercise of these rights. They are opposed to each other from which arises danger that excessive protection of one of them undermines the other. It is a common understanding that modern criminal legislation is moving in the direction of decriminalization of such behaviors. Our legislator opted for the opposite solution. This is not a solution that has not been represented in the criminal legislation of the Republic of Srpska, because criminal offenses against honor and reputation existed until 2002 when they are decriminalized. In the article is apostrophized protection of honor and reputation in the light of the latest amendment to the Criminal Code of the Republic of Srpska.

THE LEGAL ENTITY: ACTIVE SUBJECT OF THE CRIME

In recent times there was an increase in criminality among legal entities due, in particular, to economic and financial factors. In this paper I wish to find an answer to the question of whether this form of criminal liability of the legal entity is necessary and at the same time effective by strengthening the current and contemporary legislation both in our country and in other countries. Since fiscal or financial crime is in a continuous procedure of amplification, it is important to be informed about the repercussions that the criminal acts committed by legal entities attract. The Romanian legislator has seen the problem of holding the legal entity criminally liable ever since the amendment of the Old Criminal Code by Law no. 278/2006 updating our legislation with the European one. Therefore, the criminal liability of the legal entity is currently regulated in the national legislation by the Criminal Code in force. This work offers a broad vision on the nature, respectively the foundations of the legal liability of the legal entity as an active subject of the crime, on the beginnings and evolution of this institution. I consider that a clear delimitation of the form and content of the guilt is necessary when we talk about the legal entity, a clear regulation of the intention and recklessness of the legal entity in order to be able to identify a different guilt of the natural person as an organ, so that in the situation where the natural person cannot be identified or cannot be criminally liable, the criminal liability of the legal entity can be engaged. The work is structured in such a way as to offer us both a theoretical and a practical part in order to better understand the issue of criminal liability of the legal entity. The case in this paper is from the judicial practice of the Economic Crime Investigation Service within the Bihor County Police Inspectorate.

Navigating the Social Security Landscape in India: a Broad Analysis

Social security and labor laws in India are intended to protect the rights and the well-being of workers. These laws cover many topics, including employment conditions, wages, health and safety, social security benefits, and more. In India, the evolution of social security legislation has been slow, with many laws and changes enacted throughout the years to address the social and economic demands of employees and their families. Here, the social security regulations are largely centered on the Social Security Code, which was implemented as part of labor code amendments in 2020. The Social Security Code strives to offer a comprehensive framework for employees and their families to receive social security payments. However, before this code, there were other significant landmark rulings and measures enacted to safeguard the laborers. This research paper will provide an overview of all the different laws that have been put in place to benefit employees since the awakening of the labor movement. Incorporating evidence from catalogs, historical judgments, gazettes, and other such articles, the paper provides a full and complete understanding of the history, timeline, and all the different laws that have been put in place for laborers under the guise of social security and whether all such statutes are being used for their intended purpose or if any specific areas can be improved.

Review of the Draft Proposal for the Eighth Amendment of the Criminal Code

U radu se daje kritički osvrt na Prijedlog Osme novele Kaznenog zakona, prema nacrtu iz rujna 2023., koja donosi niz novina, od kojih su dvije najznačajnije: uvođenje teškog ubojstva ženske bliske osobe(čl. 111.a KZ-a) i neovlaštenog otkrivanja sadržaja izvidne ili dokazne radnje (čl. 307.a KZ-a). Autori smatraju da je navedenu novu inkriminaciju femicida potrebno preformulirati u rodno utemeljeno ubojstvo žene te ga uvrstiti u čl. 111. KZ-a. Uvođenje femicida kao kvalifikatornog oblika ubojstva nije nužno, ali bi poslalo snažnu generalnopreventivnu poruku za taj najteži oblik nasilja nad ženama te olakšalo njegovo statističko praćenje. U vezi s tim smatraju važnim definiratirodno utemeljeno nasilje kao kvalifikatornu, odnosno podredno otegotnu okolnost kod svih kaznenih djela. Također, autori smatraju da se inkriminacija iz čl. 307.a KZ-a preklapa s kaznenim djelom povrede tajnosti postupka iz čl. 307. st. 1. KZ-a. Pritom predlažu izričito propisati pretežniji interes kao razlog isključenja protupravnosti ili će se on primjenjivati po analogiji s čl. 300. st. 2. KZ-a. Autori smatraju da bi trebalo odustati od predloženog dodatnog pooštravanja propisanih kazni kod spolnih delikata jer će stvoriti disbalans u odnosu na druga kaznena djela. Autori kritički analiziraju i preostale odredbe predložene Novele.

Közös vagy kizárólagos szülői felügyelet?

Nowadays, as long as parents live together, it is usually not disputed that they jointly exercise their parental rights over their child. It was not so clear before. Before the Family Law Act entered into force in 1953, fathers had additional rights compared to mothers, as long as they raised the child in a joint household. After the breakup of the relationship, strict rules determined which parent was entitled to exercise parental custody rights. When making its decision, the court placed particular emphasis on the sex and age of the child, as well as which parent’s fault led to divorce. In the second half of the 20th century, the rights of parents were equalized, but after the end of marriage, it became natural for a long time, that mothers should raise their children alone. Following the amendment of the Civil Code the joint responsibility of the parents in raising the child is now of paramount importance, and the enforcement of the child's interests is becoming more and more important.

The EU dimension of the fight against money laundering – criminal law reform in Germany

Aim: The aim of study is to outline the cornerstones of the (EU) 2018/1673 Directive on combating money laundering by criminal law and to show how a Member State, Germany, has fulfilled its legal harmonization obligation in the field of the criminal law regulation.Methodology: During the research, the relevant EU legislation was presented, and the German Criminal Code was analyzed in terms of the dogmatic analysis of the money laundering offence.Findings: Despite the regulations of the EU Directives, there are significant differences between national regulations. The Amendment of the Criminal Code in 2021 introduced a paradigm shift in the criminal law regulation of money laundering in Germany. It introduced the so-called "all crime" approach in connection with the predicate offences. It is also worth mentioning that the German Criminal Code makes specific provision for the criminalization of the predicate offence committed abroad.Value: Regarding the cross-border nature of money laundering, it may be useful for both legislators and practitioners to familiarize themselves with the legislation of other Member States. In Hungary, there has been no recent academic work on the German legislation in force.

Akta Perikatan Hibah dan Akta Kuasa Hibah dalam Sistem Hukum Pertanahan di Indonesia

This research discusses how land law is regulated in Indonesia in regards to obligation deeds and power-granting deeds? and what is the validity of the transfer of land rights based on the obligation deed and power-granting deed? This is a normative juridical research using conceptual and statutory approaches that utilised secondary data which were then analyzed using a qualitative method, namely research procedures that produce descriptive data. The results of this research indicate that there is no article in a statutory regulation that specifically regulates the preparation of deeds of engagement and deeds of power of attorney. Therefore, the use of obligation deeds and power-granting deeds as support or bridge to the making of grant deeds by PPAT is permitted. The making of these two deeds is permitted as long as the process of making them complies with statutory regulations, including the Civil Code, UUJN, and UUJN Amendments. The validity of a transfer of land rights over a grant is influenced by whether or not the obligation deed or the power-granting deed is valid. Whether the obligation deed and power-granting deed are valid refers to ithe process of making them which must comply with Article 1320 of the Civil Code on the conditions for the validity of an agreement. This is because the obligation deed and power-granting deed can be categorized as agreements

Prehospital emergency medicine for children receiving palliative home care in Germany-a cross-sectional, exploratory study of EMS providers.

The prevalence of children with life-limiting conditions is rising, and since the amendment of the social insurance code in Germany, palliative home care teams have treated an increasing number of children. These teams provide 24/7 readiness, yet some parents still call the general emergency medical service (EMS) for various reasons. EMS is exposed to complex medical problems in rare diseases. Questions arose about the experiences of EMS and whether they felt prepared for emergencies involving children treated by a palliative care team. This study used a mixed methods approach to focus on the interface between palliative care and EMS. First, open interviews were conducted, and a questionnaire was developed based on the results. The variables included demographic items and individual experiences with patients. Second, a case report of a child with respiratory insufficiency was presented to assess the spontaneous treatment intentions of EMS providers. Finally, the need, relevant topics, and duration of specific training in palliative care for EMS providers were evaluated. In total, 1,005 EMS providers responded to the questionnaire. The average age was 34.5 years (±10.94SD), 74.6% were male. The average work experience was 11.8 years (±9.7), 21.4% were medical doctors. Experience with a call of a life-threatening emergency involving a child was reported by 61.5% and severe psychological distress during such a call was reported by 60.4%. The equivalent distress frequency for adult patient calls was 38.3%. (p < 0.001). After review of the case report, the EMS respondents suggested invasive treatment options and rapid transport to the hospital. Most (93.7%) respondents welcomed the consideration of special training in pediatric palliative care. This training should include basic information about palliative care, an analysis of cases involving palliatively treated children, an ethical perspective, practical recommendations, and available (24/7) local contact for further guidance and support. Emergencies in pediatric palliatively treated patients were more common than expected. EMS providers perceived the situations as stressful, and there is a need for specific training with practical aspects.

Klauselkontrolle im slowakischen Verbrauchervertragsrecht

The article deals with clause control in Slovakian consumer contract law and its development after the ratification of the Association Agreement. The amendment of the Civil Code and the adoption of the new Commercial Code led to changes in private law that primarily strengthened private autonomy and freedom of contract. In addition, restrictions on private autonomy in consumer contracts were introduced to ensure consumer protection and prevent discrimination. The Civil Code serves as the central norm of Slovakian consumer contract law and defines consumer contracts and the terms consumer and entrepreneur. It also deals with specific clauses in consumer contracts that are subject to judicial review, including the prohibition of clauses and the obligation of entrepreneurs to refrain from using them. The provisions regulate, for example, unauthorised clauses that restrict the rights of consumers or constitute unreasonable conditions. In addition, content control is explained with regard to the appropriateness of the content of contractual terms, the main subject matter of the contract, and the appropriateness of price and consideration. Overall, the article shows how Slovak consumer contract law, based on the Civil Code, strengthens private autonomy and freedom of contract, but at the same time provides for restrictions to protect consumers from disadvantages and to ensure fair conditions in consumer contracts.

Komisarze wyborczy – ewolucja instytucji po 2018 r.

The purpose of this study is to analyze the political position and powers entrusted to election commissioners after the amendment of the Electoral Code in 2018. Election commissioners, as plenipotentiaries of the National Electoral Commission, participate in all types of elections, and their powers granted under the amendment to the Electoral Code strengthen their position as an electoral body, but also in relation to local government. The changes that have been made significantly increased the number of appointed election commissioners to 100, departed from the adopted judicial model, and gave the authority to an external body, i.e. the executive body, to decide which of the candidates and according to what criteria will be selected and then presented National Electoral Commission.

Centralny Rejestr Wyborców jako przejaw wpływu rozwoju technologii na prawo wyborcze. Uwagi na tle nowelizacji Kodeksu wyborczego z 26 stycznia 2023 r.

Author verifies the thesis that changes in electoral law in Poland take into account the progress of technology. The subject of the research is the amendment of the Electoral Code of 26 January 2023 in regard to the introduced Central Register of Voters. The conducted analysis shows that the Polish legislator follows the development of technology. This deserves approval, improving the functioning of the electoral bodies, but above all making it easier for voters to participate in the elections. However, as pointed out in the article, the amendment to the Electoral Code has been done in a way that raises a number of questions that need to be kept in mind when assessing it. In addition, the changes to electoral law in the field of technology use raise a certain shortcoming from the point of view of the omission of normative changes regarding alternative voting methods, including e-voting.

IMPROVEMENT OF CLAIMS OF CRIMINAL OFFENSES AGAINST SAFETY OF MANUFACTURE AS THE OBLIGATORY PART OF THE PROTECTION OF LABOR COMPONENT OF LABOR PROTECTION

The article conducts a comprehensive, scientifically sound study of the definition and legal regulation of improving the content of criminal offenses against safety of manufacture as an integral part of labor protection. The model of structures of criminal offenses against safety of manufacture as an integral component of labor protection is developed. The elements of the composition of these criminal offenses, as well as the types and sizes of punishments for their commission have been studied. Based on the study of the composition of criminal offenses against safety of manufacture, ways to improve the legislation of Ukraine in order to improve labor protection are proposed. The definition of the concept of criminal offenses against the safety of manufacture and the consequences of these criminal offenses and the formulation of penalties for their commission have been improved. The opinion expressed in science about the amendment of the Criminal Code of Ukraine by the article «Violation of the requirements of the legislation on labor protection by employees», which will not create a conflict with Art. 271-275 of the Criminal Code of Ukraine, because, in particular, differs in the subjects of criminal offenses (from Article 271 of the Criminal Code), the objective side (from Article 272 of the Criminal Code) in order to improve labor protection. It is proposed to define the concept of criminal offenses against the safety of manufacture, taking into account the peculiarities of their wording and the provisions of Art. 11 of the Criminal Code of Ukraine. There is a need to improve the definition of «labor protection», which is enshrined in SSTU 2293:2014 «Labor protection. Terms and definitions». For the first time the author expressed the idea of the need to consolidate the definition of the consequences of criminal offenses under Articles 271-275 of the Criminal Code of Ukraine, in a note to Art. 271 of the Criminal code of Ukraine. Keywords: criminal offenses, safety of manufacture, labor protection, consequences of criminal offenses.

Fraud Diamond Factors, Risk Management Practices and the Likelihood of Fraud among Financially Distressed Companies Listed on the Malaysian Stock Exchange

Firms have tendencies to manipulate their financial statements when it is at risk of bankruptcy due to financial distress. Based on the Fraud Diamond Theory, there are four factors that motivate firms to perpetrate fraud, namely pressure, opportunity, rationalization and capability. Therefore, this study investigated the effect of these fraud diamond factors on the likelihood of fraudulent financial reporting among financially distressed firms in Malaysia. In addition, this study investigated whether the new amendment of code of corporate governance on risk management practices can mitigate the effect of these four factors on the likelihood of fraudulent financial reporting. Based on a sample of 53 financially distressed firms from 2014 until 2019, this study found that two fraud diamond factors which are pressure and capability significantly influenced firms’ financial distress and thus influenced the likelihood of fraud. The study found that risk management can reduce pressure and thus reduce the likelihood of fraud of financially distressed firms. Meanwhile, distressed firms change directors to replace with competent ones. Nevertheless, the study found that distressed firms may increase their risk disclosures to cover up their distress by changing directors. This study investigated the prevalence of fraud among distressed firms. Furthermore, it extends the literature of risk management among distressed firms. Keywords: fraud, fraud diamond, risk management, financial distress

NOVELIZATION OF THE CRIMINAL CODE OF UKRAINE DURING THE 2022 RUSSIAN INVASION

The article is devoted to an essential and highly relevant topic - the amendment of the Criminal Code of Ukraine during the war. The authors emphasize that the state of Ukraine and its population faced a terrible challenge to state sovereignty, territorial integrity, and independence due to the Russian Federation’s attack. The introduction of martial law and the immediate opening of hostilities in large areas of Ukraine initiated new social relations, which urgently needed legal settlement and consolidation. The author’s position is that despite the vast range of tasks that required a quick solution, the Verkhovna Rada of Ukraine was able to respond quickly to new social realities and amended the Criminal Code of Ukraine, introducing criminal liability for collaboration and identifying circumstances that exclude illegal illegality of the act and provide combat immunity under martial law. The new provisions of the criminal law correspond to the principles of the rule of law, legality, and legal certainty. In addition, they still need some clarifications and acquisitions, particularly regarding the combat immunity of military medics. As for collaborative activities, according to the authors, this act is a specific manifestation of treason, which the legislator decided to allocate as a separate criminal offense in connection with the situation and time of its implementation.

Longitudinal approach to the study of corporate governance code and earnings management relationship: the case of Saudi Arabia

PurposeThis paper investigates whether the introduction of the 2006 corporate governance code and subsequent amendments constrain corporate earnings management (EM) practices amongst listed companies in Saudi Arabia.Design/methodology/approachAccounting and corporate governance (CG) data were collected from annual financial reports of a sample of 108 listed companies from 2007 to 2019. Absolute value of discretionary accruals was regressed against tested CG determinants provided in the CG code. The authors also employed other econometric models to check potential endogeneities.FindingsThe overall results provide evidence that the 2006/2018 Saudi Arabia corporate governance code (SACGC) does not deter EM practices in public companies.Practical implicationsRegulators and other stakeholders should make a deliberate effort to improve the Saudi CG environment by focussing on governance aspects such as board and ownership structures to ensure the independence of the board to effectively perform its statutory roles, as EM practices persist in the system.Originality/valueThis paper extends the literature on the effectiveness of CG, by providing evidence that CG code does not effectively constrain EM activities in settings where CG structures may exist, but greater importance is attached to informal relationships and other considerations than formal CG mechanisms, as these features usually work against the potentials of the principles of good CG as in the case of Saudi Arabia.

Euthanasia in the USA and Canada: theoretical and legal basis

The article investigates that due to the development of scientific and technological progress human rights are becoming increasingly relevant. Today, a new dimension of human rights is emerging - the fourth generation of human rights, providing for the human right to gender reassignment, organ transplantation, same-sex marriage, euthanasia, and so on. The problem of euthanasia attracts special attention of scientists. For the theory of law, the problem of euthanasia and its relationship with the law are of particular interest. In legal science, scholars have studied various aspects of the legalization of euthanasia, including countries such as Austria, Azerbaijan, Belgium, Greece, Georgia, Denmark, India, Iceland, Spain, Italy, the Netherlands, Germany, Poland, Portugal, Switzerland and Japan, but it seems is little studied is euthanasia in the legal systems of the United States and Canada. Today in the United States, the legal regulation of euthanasia is determined by the federal territorial structure of the state, where states can establish their own laws, this also applies to euthanasia. Euthanasia is allowed in 9 states, including Washington, Vermont, Hawaii, California, Colorado, Maine, Montana, New Jersey, Oregon and the District of Columbia. In Canada, a prerequisite for acceptance. The Law "On Amendments to the Criminal Code and Amendments to Other Laws (Regarding Medical Care at Death)" became the case of Carter v. Canada. The Law “On Amendments to the Criminal Code and Appropriate Amendments to Other Laws (Concerning Medical Care at Death)” at the federal level establishes the basis for the provision of medical care at death throughout the country. As for the provinces and territories of Canada, they have the power to legislate on death care, provided that they do not conflict with federal law. Most provinces and territories have adopted guidelines and policies for death care. Quebec is the only province that has passed a law, which regulates medical care at death.