Legal Branch Research Articles

ТРУДОВО И ОСИГУРИТЕЛНО ПРАВО - Задачи, казуси, тестове (Labor and Insurance Law – Tasks, Cases, Tests)

The collection of tests, tasks and case studies is intended for students in the bachelor's degree of the University of Economics - Varna. It is consistent with the curriculum in the discipline and Social Security Law, studied in the specialties Judicial Administration, Accounting and Auditing and Accounting and Finance. The content complies with the regulations of the Labor Code, the Social Security Code and other laws and regulations in the relevant legal branches. The authors have set themselves the task with the materials included in the collection to help students in the process of mastering the basic principles, concepts and institutes of labor and social security law.

DEVELOPMENT AND DYNAMICS OF THE PROCEDURAL FORM OF RESOLVING DISPUTES IN THE FIELD OF PUBLIC-LEGAL RELATIONS BY ADMINISTRATIVE COURTS

The article deals with the concept, essence and content of the concept administrative-procedural form of solving administrative disputes in the field of public-legal relations by administrative courts. Attention is drawn to three approaches to the study of the essence of administrative and procedural form: institutional, procedural and scientific. The institutional approach illustrates the institutional capacity of an administrative court as a special entity whose activities have an external expression – administrative and procedural form. Some conceptual provisions on the development and systematization of knowledge in the direction of forming the administrative process paradigm under the conditions of procedural legislation update have been criticized. The procedural approach (aspect) makes it possible to distinguish features of the categories "procedure", "process", "implementation" and formulate a scientific vision for their application, as well as to establish the content and structure of the concept of "administrative process", to characterize administrative and procedural relations and norms. A scientific search was conducted separately in the context of the correlation between the categories "legal process" and "litigation". In this context, the dynamics of the development of scientific provisions on the procedural form of resolving disputes in the field of public-legal relations have been traced, and periodization has been completed and supplemented by a separate period characterized by the development of an independent procedural legal branch with a subject only and a method of legal regulation. Finally, the scientific aspect leads to the consideration of the administrative process (administrative-procedural form) as a science and educational discipline, which will allow from the standpoint of theory to differentiate the knowledge obtained as a result of scientific search into purely theoretical and purely applied, as well as their role in the regulation of public-legal relations and, in particular, the resolution of administrative disputes in this area.

The Scientific and Legal Basis Formation Standardization as a Means of Business Regulation

The article analyzes the influence of scientific experience and a high level of standardization in the Soviet theory on the theory and methodology of the national standardization in the transition to a preferred application of international standards for the effective regulation of economic activity in Ukraine. The author proposes a vision of changing the scientific thought about standardization and its contents in the technical, economic, and legal branches. A technical research and development were the fundamental principles, at first they were about purely unification and classification properties standardization, but later took the intersection of research on economic and legal issues. Economists usually talked about standardization as a means of regulating the economy as a unifying factor in the management processes, but in the context of adapting the Ukrainian market to global markets it is also referred to the use of standardization as a means of regulating economic activity (its individual types) and improving the legal framework of business through standardization to improve conformity of entities to the worldwide requirements. The legal sector has traditionally been presented by scientific work aimed at regulation of the management processes of standardization and related activities. Often attorneys focus on the legal basis of management features, such as application of standardization activities in certain sectors of economic or administrative areas, as well as ask questions of features and procedures for the use of different types of accountability in standardization. Ukraine today is a member of the WTO and is on track to join the EU, and therefore it should focus on changing the fundamental principles of the functioning of standardization: application of the standards of international organizations instead of the old GOST system; a wide application of the principle of voluntariness in the technical field, but strict application of mandatory security; a unifying conceptual- semantic system of national law. Following the transformation of the nature, content, and value of individual regulatory and technical documents on standardization and of the establishment of new areas, technical regulations are addressed. It is revealed that a comprehensive study of the essence, significance, and legal standardization of the market for the market as a national, regional, and global level has not been carried out until this time. It is suggested and grounded that there is a need to change the angle of view on understanding of standardization from a purely state regulator to expanding its ability to regulate social relations at the level of self-regulation. This position allows for the widest possible use of standardization and its documents by interested parties, in particular in the conduct of economic activity.Article received 25.02.2019

Estado del arte del uso de BIM para la resolución de demandas en proyectos de construcción

Multiple attributes make construction projects to be likely to face disputes during its execution, such as the nature of adversarial relationships between stakeholders, tight budgets, and the lack of incentives in contracts encouraging collaboration. Furthermore, the impact of claims will vary but is likely to have a negative impact on projects. Consequently, stakeholders have to manage the process of claim resolution. A challenge of this process is the understanding and clarity of the information used to resolve construction claims. A technology that has faced a steady growth in the construction industry is Building Information Modeling (BIM). The benefits of implementing BIM in construction projects are widely recognized such as automation of the quantity take-off estimation process, quick reaction to design changes, better visualization of the construction schedule, and design coordination. Nonetheless, limited studies have addressed how the existing benefits from implementing BIM can be used as a platform to facilitate the resolution of construction claims. This study explores and discusses the existing literature to identify the main benefits of implementing BIM in the resolution of construction claims. The aim is to assess what exists in the legal branch of implementing BIM in construction to suggest its use in this regard.

Prawo żeglarskie – pytanie o status dyscypliny i program badań


 
 
 The traditionally established divisions of law are currently subject to modification occurring in line with the phenomenon of regulating more and more human activities. While the division between public and private law, as well as the catalog of legal branches is still quite stable, more specific areas of law are visible, indicated mostly according to their subject. Sailing law (also called boating law) is the case.
 The collectivity of norms regulating offshore sailing is most often referred to as maritime law (lex generalis), and it covers norms regulating sailing, i.e. sailing law (lex specialis). however, sailing is subject to very complex and heterogenous regulations. The article lists the most significant legal provisions in practice. more aspects of sailing can be included and specified as indicated in the article.
 each aspect mentioned above may require going beyond the legal system due to the general clause referring to the best maritime practices. This helps us to realize that sailing law can be divided into sets of theoretical aspects pertaining to the creation of the theory of sailing law.
 It all reflects the complexity and beauty of sailing law. It is not a branch of law. however, due to the subject of its applicability and the specificity of sailors, it is an area of law ensuring safety on the water. This precaution has the nature of a legal principle justifying and being the basis for most of the regulations applicable to maritime transport, therefore, also sailing.
 
 

La biojurídica o el bioderecho como mediador de los nuevos dilemas biomédicos

The advance of bioethics as a science has exceeded the ethical scenario to fully immerse oneself in other environments of knowledge, essentially in the sphere of the legal, as it is, the bio-legal and towards a new protagonist of an emerging science such as the biolaw. There are dilemmas or bioethical premises from which generate the great juridical questions, around the legal sciences, which must be adjusted to the social reality generated by the great biotechnological advances, in order to regulate the behavior generated by human behavior. The objective of the research is to analyze the role of bioethics in the development of biolaw or biolaw as a mediator of new biomedical dilemmas. The methodology used is a bibliographic documentary research which focuses on the positions of some authors such as Aparisi (2007) and Schaefer (2017), among others. A documentary review was made from a critical stance of the literary sources selected and used for the development of the research, this with the purpose of identifying the different conceptions that biotechnological advances have had on human behavior and its need to be regulated by law. It is concluded that the relationship between bioethics and law has been very useful, at the time of responding to the theme of the debate on the great bioethical dilemmas, which results in the emergence of a novel legal branch such as bio-legal or biolaw.

ПРОФІЛЬ ПРОФЕСІЙНОЇ КОМПЕТЕНТНОСТІ МАЙБУТНЬОГО ВІЙСЬКОВОГО ЮРИСТА

The article is intended to justify and develop the profile of professional competence of a future military lawyer and to determine the content of relevant professional competences. As the research methods, the author used a defining analysis and generalization of theoretical positions of scientific literature in order to determine the state of development of the problem, clarifying the content of the concepts of "competence", "competence" and "professional competence"; systematization and logical generalization for the purpose of theoretical substantiation and development of the profile of the professional competence of the military lawyer.The article substantiates and develops the scope of the professional competence skills and qualifications of professional competence of military lawyers and defines the content of relevant professional competence. On the basis of analysis of scientific literature, the correlation of the concepts of the "professional competence" and "competence" is determined. The essence of the concept "professional competence" is determined, the types of lawyer’s competence are considered (special, social, autocompetence, extreme professional competence). On the basis of the study of the profession, the professional qualities of the specialist of the legal branch, which are necessary for the formation of professional competence are highlighted. The professional duties of the military lawyer are determined. The duties must be taken into account in order to determine the list and content of his professional competences. In the article, the scope of the professional competence skills and qualifications of the military lawyer covers terminology-knowledge, professional-personal, professional-operating competence. Terminology-knowledge competence is associated with the skills of the future specialist scientific legal categorical apparatus and professional terminology. Professional-personal competence covers professionally important qualities of the specialist, his communicative competence, and motivation formed for professional activity. Professional-operational competence reflects the whole spectrum of skills and abilities of the professional activity of a military lawyer, defines the concept of "professional competence of the future military lawyer", which is considered as a holistic, complex personal formation, integrative quality of the individual, which combines the knowledge of the future specialist of the knowledge system, skills and abilities of the military-legal direction, the formation of professionally important qualities of the lawyer's personality, which will ensure effective performance of its professional functions in order to protect human rights and freedoms, the general interests of society and the state. The practical value of the developed professional competence profile of a future military lawyer is to clearly identify the list of his professional competencies and the possibility of their purposeful formation in the educational process of a higher educational establishment. Prospects for further research are to identify and create appropriate educational conditions in the educational process of a higher educational establishment that will contribute to the formation of the professional competence of future military lawyers.

Міжгалузеві зв’язки системи природоресурсного права

The article deals with the study of inter-branch links of the system of natural resource law with other elements of the system of law through the analysis of their inter-sectoral interaction, inter-sectoral mutual influence, inter-sectoral legal regulation and conflict management. It is determined that the study of the institute of interbranch relations of the system of natural resources law should lead ultimately to highly effective regulation of legal relations in the field of use and reproduction of natural resources and to ensure stability and stability of the whole system of natural resources law and legislation. Intersectoral links provide the interaction of natural resource law with other elements of the legal system, aimed at regulating natural resource-based social relations, as well as the balance between different legal branches in order to eliminate conflicts within the law. Intersectoral links of natural resources law have two directions of influence on social relations: the first is aimed at interaction with other branches of law and their elements in order to achieve a certain right result, the other – to resolve conflicts within the system of law by identifying the actions of one of the conflict industries. Key words: system of natural resource law, intersectoral connections, intersectoral interaction, intersectoral mutual influence, intersectoral legal regulation, collision regulation.

RESPONSABILIDADE CIVIL E DANO AMBIENTAL INDIVIDUAL NO DESASTRE DE BRUMADINHO

A responsabilidade civil em matéria ambiental possui efeitos e interligações plurais. A articulação de suas implicações não só permite mas demanda uma contínua via de diálogos entre ramos jurídicos diversos. Direito Ambiental e Direito Civil estão interligados quando se trata do dano ambiental individual. Em situações de desastres ambientais, como o desastre deBrumadinho, as consequências alcançam especial relevância em razão da definição do regime jurídico de responsabilidade. Os bens ambientais não estão vinculados à titularidade, seja pública, seja privada. Entretanto, o regime jurídico dos bens ecológicos projeta efeito na reparação do dano individual ligado ao dano ambiental, especialmente em situações dedesastres. O presente artigo propõe articular o direito ambiental e o direito civil na identificação de normas aplicáveis a situações de responsabilidade civil. A metodologia utilizada para abordagem é centrada no diálogo das fontes. A partir dessa articulação, sustenta-se em conclusão uma direta influência no sistema dereparação do dano ambiental individual, inclusivequanto ao prazo de prescrição.

LOCAL REGULATION AS A COMPONENT OF LEGAL REGULATION OF LABOR AND DIRECTLY RELATED RELATIONSHIPS

The article covers the issues of local regulation as a component of legal regulation of labor and directly related relations. The author argues that the regulation of employment relations at the enterprise can be carried out either individually, in relation to a particular person or employee, or collectively, to all employees or employees of the enterprise or their specific groups. Individual regulation cannot be identified with local legal regulation because of its lack of normative character, even if organizational and legal forms characteristic of local legal regulation are used. The article justifies the idea that local norms do not belong to the number of norms established by the state, they are established directly at enterprises, institutions, organizations, with the participation of labor collectives and trade unions and do not go beyond the general sphere of legal regulation.The author analyzes the provisions of the doctrine of labor law and finds out that local norms organically enter into the legal institutions and branches of national law that determine the status of subjects of labor relations. Local regulation of relations at the enterprise, institution, organization is an integral and important component of the legal regulation of labor and directly related relationships. Relations aimed at limiting the legal status of employees cannot be regulated locally. The author emphasizes that local norms cannot establish new types of legal liability. Local norms reflect typical, widespread, stable employment relationships. They are closer to actual labor relations and are primary in origin in the hierarchy of regulations. Local legal norms should be considered not only as an auxiliary element of centralized regulation, but also as the most important backbone of the development of local rulemaking.

Joint Criminal Enterprise on the Decline: A Step Further in the ‘Self-Becoming’ of International Criminal Law?

This article uses the legal construct ‘joint criminal enterprise’ (jce) as a focal point of the tensions between international criminal law (icl) and common criminal law. Drawing on the assumption that an over-arching concept of the criminal law in genere is plausible, and that icl is a special branch stemming therefrom, the authors start by characterising jce and by assessing the possible incompatibility of some of its forms with the principles of legality, voluntary act and guilt. The authors then question whether jce could be validated under a different understanding of icl (as an autonomous legal branch, or, at least, as a special branch within criminal law abiding by different principles). Finally, it is argued that the apparent decline of jce might be another instance where icl becomes itself ‘more wholly’.

The Procedure of Interpretation of Legal Acts

As a rule, every legal norm, law or act of any nature of state power, which sets the manner of behavior of subjects against the normative frame can be an object of interpretation. The legal activity of special elements of the state positive law also sets the object of legal interpretation. During the process of interpretation, as set by its object, a number of practical rules are respected, that aim to implement the essential elements of the positive law. As a rule, objects of interpretation are general and special norms. Object of intepretation are only the written norms, not customary norms, because for customary ones it is said that there must be special interpretation rules created. All manners of interpretation have the same purpose: to dismantle the content and purpose of the norm, in order for it to be applicable, the way they were issued by the creator of the legal norm. From the typological perspective, as official intepretations are considered: legal interpretation, authentic intepretation, judicial interpretation, administrative interpretation and in the end scientific interpretation, but the last one doesn’t have a binding character. To end the above process, the legal interpreter can use tools such as: 1. Linguistic interpretation as a grammatical interpretation, 2. Logical interpretation, 3. Historical interpretation, 4. Special legal interpretation, 5. Systematic interpretation, 6. Teleological (intentional) interpretation. The logical interpretation is unified with the control of setting the meaning of the legal norm. it is realized by using the logic of meanings by using measures for linguistic, systematic, historical, legal interpretation and other interpretations in general. The special legal interpretation can be otherwise understood as special interpretation and has the purpose of explaining the meaning of legal norms, by exclusively relying in the legal science. It is one of the most specific forms of transmission of the will of the norm creator, i.e. it expresses the internal will of the creator of the norm, such as the will of the legislative body, where it exclusively deals with the concrete interpretation of rules of behavior. Therefore we have to be very constructive during the interpretation of legal norm and here stands the individuality of the norm for which we talked above. The terminological interpretation is exclusively related with the legal terminology of norms, i.e. with the meaning of the terms of the legal norm, by concretely including the relevant legal norm. The compatible interpretation entails in itself the knowledge of the right in general, respectively it has to do with the knowledge of other legal branches as well, branches of law that are in force. With systematical interpretation of legal norm we have to deal with setting the legal meaning, i.e. its connection and interaction with other norms of legal norms and laws, which is in force. In order for the norm to be implemented it is required to set its purpose through interpretation, where the purpose of legal norms is specified. But when the legal norm is clarified by its creator, the discovery of the purpose of legal norm becomes easy, because the purpose is known in advance. Subjective interpretation is known related to its creator. Objective interpretation considers that the right meaning of norm is the one set by the code of meanings. We deal with evolving interpretation when the right meaning of legal norms is considered the one in the moment of interpretation. Thus, the meaning of the norm has undergone changes from the moment of creation until the moment of interpretation. The legal doctrine for the interpretation of legal norms based on analogy, respectively similarity it relies in two kinds of analogies called legal analogy and juridical analogy. Legal analogy finds support in concrete cases, while juridical analogy finds support in the whole legal system. As a rule, legal gaps can be classified in two kinds: 1. Initial legal gaps and 2. Subsequent legal gaps. In initial legal gaps, the creator of the legal norm left legal gaps while drafting the norm, respectively adopting it, and gaps like this that can be filled later on through its interpretation etc. When the creator while drafting the legal norm leaves gaps which were not predicted by him/her and this happened as a result of changes, different society evolutions, i.e. relations that appeared later, it is possible for these gaps to be filled later.

Evasive Courts: A Rhetorical Analysis of Judicial Conflict Avoidance

The paper starts from the assumption that there is a significant body of case-law on both the national, European and international level that is characterised by strategies of judicial evasion. Courts for various reasons tend to avoid deciding the substantive legal issues advanced by the parties to a conflict or put before them as a legal question in advisory-proceedings. The phenomenon is multifaceted. It can be observed in different legal contexts, different countries and branches of law. We hypothesize that judicial evasion is a central but neglected element of judicial practice which can be detected and categorized by employing the analytical tools of rhetorical science. This namely involves insights resulting from rhetorical research on ‘evasion-strategies’ in various forms of human and organizational communication. Such analytical tools can help, beyond mere legal scrutiny, to better detect and explain judicial evasion. The central hypothesis of our paper therefore is that courts can be found to employ a sophisticated tool-kit of classical rhetorical practices in order to evade in their decision a ruling on focal legal issues of a dispute. The cross-jurisdictional set of rhetorical practices, which can be identified, goes well beyond the emanations of classic Western separation of powers-doctrines of ‘judicial self-restraint’, ‘political questions’, or the margin of ‘appreciation’. Our paper is, therefore, supposed to break new ground in exploring the phenomenon from a comparative perspective comprising legal methodology as well as classic and modern rhetorical research. We hold that judicial evasion is only one of numerous fields in which a turn to rhetoric and adjacent linguistic studies complementing legal methodology can generate new insights.

Legal Responsibility in the Legislative System of Kazakhstan

The relevance of the study is caused by the paramount importance of the legal responsibility institution, without which one cannot imagine the existence of the legal state. Threading all the spheres of public life, the legal category of responsibility is a significant element of the mechanism for their regulation and plays an important role in the provision of order and safety. The objective of the paper is in the cognition of the complicated and multi-faceted phenomenon of legal responsibility and in the definition of its position in the legislative system of the Republic of Kazakhstan. In this regard, this paper is aimed at the revealing of the main approaches towards the understanding of the responsibility in law, the study of the kinds of legal responsibility and their legal sources. The leading approach in the study is the analysis that allows integrally considering the accumulated theoretical experience in the issues of legal responsibility, as well as revealing the drawbacks in the documentation of the responsibility in the applicable legislation. The paper presents modern concepts of legal responsibility, reveals the existing definitions of its concept, and considers the system of legal responsibility and its basic elements (kinds) with the definition of its legal framework for each element of the responsibility. The materials of the paper may be helpful to the scientists in their research of the problems of legal responsibility in all the legal branches, university teachers and students in the educational process when studying and teaching the legal disciplines.

El derecho al nombre en relación con la identidad de género dentro del Sistema Interamericano de Derechos Humanos:el caso del Estado de Costa Rica

Resumen Desde el plano de la realidad social, uno de los aspectos principales que caracteriza al derecho a la identidad de género es el ejercicio del derecho al nombre. El Estado de Costa Rica ha solicitado a principios de 2016 a la Corte Interamericana de Derechos Humanos que emita una opinión consultiva acerca de la compatibilidad de su ordenamiento jurídico interno que impone un trámite judicial para que las personas puedan modificar su nombre de pila, en relación con el Derecho Internacional de los Derechos Humanos. Por consiguiente, se formula un análisis evolutivo de esta rama jurídica a través de la propia jurisprudencia del tribunal en cuestión. Se expone que las categorías de orientación sexual y de identidad de género gozan de status convencional a los efectos de aplicar los principios pro persona y de no discriminación. En consecuencia, se concluye que la aplicación de la legislación civil interna de Costa Rica es contraria al Derecho Internacional de los Derechos Humanos siempre que se trate del ejercicio del cambio de nombre como corolario de asumir una identidad de género contraria a la determinada por el sexo biológico.

Upravnopravni pojam zastare s posebnim osvrtom na zastaru u poreznom pravu

U radu se, nakon uvodnog dijela u kojem se u najkraćim crtama prikazuje institut zastare u pravnoj teoriji i pojedinim pravnim granama, nastoji ukazati na posebnosti uređenja instituta zastare u upravnom pravu. Pri tome se posebno naglašava činjenica da su javnopravna tijela u upravnom odnosu u nadređenom položaju u odnosu na ostale sudionike tog odnosa. Također, navode se i pojedina načela upravnog prava kao naročito važna za shvaćanje posebnosti instituta zastare u upravnom pravu. Središnji i opsegom najveći dio rada posvećen je analizi instituta zastare u poreznom pravu, kroz odabrane primjere iz sudske prakse, pri čemu je najveća pozornost usmjerena na normativne izmjene instituta zastare učinjene odredbama najnovijeg Općeg poreznog zakona. U zaključku rada ukratko se iznose osnovne teze rada te nada da će primjena novog zakona dovesti do ostvarenja poreznopravne izvjesnosti i sigurnosti.

Prilog za uspostavljanje nove naučne discipline - pravo revizije javnog sektora

The paper starts from the assumption that in modern conditions 'the law on audit of the public sector' can be conceived, established and developed as a special scientific discipline. The research was carried out in the function of creating this new scientific discipline. The study of individual legal institutes and the whole system should provide the academic and professional auditorium with basic explanations relating to law of audit of the public sector. The aim of the paper is that the author, on the one hand, demonstrates his commitment to establish the law on audit of public sector as a special scientific discipline, and on the other, to point to the existence of arguments for its special content, and its place in the legal system of a state, and its relationship with other legal branches. The purpose of this work is to enrich the domestic legal literature in this field, as well as to encourage researchers in the legal profession to deal more often with more legal institutes or have systematic approach in researching the law on audit of the public sector.

Linguistic Difficulties for Translators and Interpreters: The Case of Forensic Law and Science Documents

Forensic Science (or Forensics) holds various fields of science (Psychology, Pathology, Odontology, Toxicology, Digital Forensics, to cite a few) involved in solving crimes and offences at any stage in criminal proceedings and researches. On the other hand, Forensic Law is a legal branch that involves issues related to forensic techniques in a justice system (being thus linked to Criminology, Criminal Law, and Civil Law). The intersection of Science and Law contributes to finding out the truth of a case, either criminal or civil, and they both have undergone dramatic progress in recent years. The aforementioned intersection provides specialists with a considerable amount of documents, either electronic or paperback…and they often need to be translated or interpreted into other languages. The high level of technical terms, complex nouns and phraseology, hamper their translation, interpreting, and proofreading services. In this paper, we will provide the reader with the main linguistic features of Forensic Science and Law Discourse, matched with source texts and target texts. By means of the use of original Forensic documents, we will provide translators and interpreters with techniques and strategies for facing their translation and proofreading.

Regulation of Business-Clients Relationships through ‘Organisational Law’

AbstractIn the European regulatory framework, private law principles, and primarily party autonomy, may be interpreted as legal tools oriented beyond the interests of the single individuals involved in commercial transactions, and rather connected to the superior objectives of the Internal Market, and of the European Economic Constitution. Looking from this perspective at the regulation of Business-Client relationships, while it is clear that the strong interrelation of autonomy/heteronomy elements in commercial transactions calls for a methodological approach capable of providing an integrated view of regulation and private law, it also emerges that, up to now, similar attempts have been developed mainly within contract theory. The aim of this article is to test whether the regulatory perspective of European private law allows the regulation of Business-Client relationships through standards and rules not directly taken from contract law, but rather originating in other, formally different, legal branches. More specifically, attention in centred on corporate law, intended as that part of commercial law which defines the internal structure of the firm. Focus is thus put on organisational rules which are relevant within an incorporated business: the analysis starts from national rules, anchored to the traditional partition between civil law and commercial law; then it traces their rationale within the European framework, looking for hermeneutical insights capable of providing a more unified interpretation of those rules when framed back at a national level, as standards of regulatory private law.

The Autonomy of the European Union Customs Law (Sellected Issues)

The autonomy of the customs law means that it is independent of other legal branches and can freely establish own legal institutions, it has independence and self-reliance with regard to other branches of a legal system. Customs law regulations have features of the public law as they have own system of law sources at the European Union level. They reflect the role of a state in establishing foreign trade turnover. They are included in the broader meaning of a state’s participation in the economy, which constitutes a subject of public commercial law regulations and they concern the obligation of incurring specific payments to the benefit of a public entity (state, the European Union) in a form of customs and taxes related with importing or exporting goods abroad.