Protection In Hungary Research Articles

The Role and Activity of the Deputy Commissioner for Fundamental Rights Ombudsman for Future Generations in Shaping Environmental Protection in Hungary

The study analyzes the position and the work of the Hungarian Ombudsman for Future Generations in light of the global development of the institutional protection of future generations. The Hungarian model has an outstanding role both at the domestic and international levels: not only does it influence environmental protection in the country but it could also serve as a role model for similar institutions to be established in other countries in the future. The paper gives an overview of the institutional protection of future generations in international law and introduces the historical development and the legislative framework for the establishment of the institution in Hungary, and lastly, briefly presents the different rights and duties of the Ombudsman with a particular focus on recent achievements and initiatives.

Deinstitutionalisation in Hungarian child protection: Policy and practice changes in historical contexts

The aim of the study is to present the historical changes in child protection in Hungary and the process of deinstitutionalisation, which is still shaping child protection work in this country. The research seeks to answer the question of how the process of institutionalisation and deinstitutionalisation was implemented in Hungary in the socialist era and after the introduction of Act XXXI of 1997 on the Protection of Children and on the Directorate for Guardianship (Act XXXI of 1997), which was a milestone in the Hungarian child protection for the 0-3-year olds. The study employs a case study methodology with secondary data corpus including legislation and data provided by the Central Statistical Office in Hungary. The scientific approach of the study is mainly historical, presenting the main features of child protection in three distinct periods 1950-1970, 1980-1995 and 1996-2018. The findings indicate that the socialist era has had a prevailing influence on child protection for many decades, but the years following the transition into democracy brought major transformation in child protection, a "transition of the child protection system", paving the way for the process of deinstitutionalisation and the emergence of alternative forms of care.

The protection of very important persons in Hungary – the legislation of personal protection from 1997 to the present day

Aim: The aim of this study is to describe the transformation of the institutional system of personal protection briefly over the last twenty-five years and to outline the main legislative and personnel (in particular, the scope of very important persons) changes up to the present day.Methodology: Governmental law enforcement has been characterised by constant change over the last quarter of century. This process involved not only changes in tasks and authority, but also the transformation, dissolution and creation of institutions. Despite this fact, there are few areas of law enforcement that have undergone such a complex and extensive transformation as personal protection in Hungary. After the change of regime, between 1990 and 1996, the field closely followed democratic transformation in the spirit of reform efforts, but no profound reform was achieved as comprehensive legislation was not ready until 1997.Findings: After 2010, there were several organisational, operational and regulatory changes resulting in the loss of the unity of personal protection and the emergence of a parallel institutional network with different types of bodies and different functions. This process is interpreted as a kind of slow reform of the field, but it is debatable from several viewpoints.Value: The study highlights the fact that the designation or removal of protection for public managers, and the reorganisation of tasks and authority between bodies give the overall impression that the professionalisation of the field took place in recent years without any real sectoral strategy.

Organizacioni sistem policije za zaštitu prirode - uloga čuvarske službe za zaštitu prirode u očuvanju prirode u Mađarskoj

There are several groups of questions that make up the subject of this critical and expert analysis of the problems of the organizational system of law enforcement regarding nature protection - the role of the nature protection service in nature protection in Hungary. Special attention is paid to the reasons for the need for environmental protection and the presentation of key laws and bylaws that regulate the protection of the natural environment in Hungary. In addition, there are questions about the role of the nature protection service as a special organizational law enforcement unit in Hungary, primarily: Organizational systems of the nature protection service and its functions and duties; Means for their functioning; Requirements that must be met by members of the service; The principles of its functioning - first of all, the principles of necessity and proportionality; Measures that the nature protection guard can take - their numerous powers for achieving the desired level of environmental protection, etc. The key result of the analysis of the issue in question is that, although nature protection transcends national borders, this in no way means that states do not have a clear duty to protect exceptional natural goods on their territory. On the contrary, this protection is a societal obligation. The state's obligation of institutional protection manifests in the creation of a legal order and an institutional framework that can provide adequate protection. One of the ways to achieve the desired degree of nature protection, when it comes to Hungary, is introducing special services within the police force that are in charge of law enforcement with a specific system of tasks - rights and obligations.

Narrative Child Protection in Hungary. The Importance of Knowing the History of the Families in Need in the Social Work with Children

Abstract The study is reflecting on the nature and features of social work with families with children, attempting to discuss social work as assistance and apprehension and to detect whether there is any causal link between the efficiency of social work and the narrative approach and the “unstoried”, “faceless” condition of the families. We argue that professional attitude aimed at providing child protection support is not possible without knowing the story of families with children. Without a helping attitude, no real social work is possible, and thus the client remains invisible and faceless in the process of child welfare or child protection interventions. Besides the actual situations of story-based intervention in social work (micro level), narrativity is also important for the transparent and adequate functioning of the system (mezzo level); moreover, it can become a factor of paradigm shift in social and political discourse on social work and its target groups (macro level). The study is based on the research entitled Child Protection Trends Supporting Children’s Well-Being carried out within the Research Scholarship granted by the Hungarian Academy of Sciences (2017–2020). The research focused on the family concept of child protection professionals and their views of the clients that can be deducted from this concept. The research also examines the notion and functions of the family from the viewpoint of children, young people and their parents as well as the professional attitudes and interventions determined by these perceptions. Research results show that due to the diversity and complexity of the problems of families in the purview of the child protection system one cannot reflect on professional solutions along types of problems. Successful functioning and efficient child protection rely rather on revealing individual and specific needs. All this indicates that child welfare and child protection work is possible only if built on personal stories.

Gondolatok a polgári védelemről, különös tekintettel a fegyveres összeütközések időszakának feladataira

Napjainkban a polgári védelem kifejezés tartalma hazánkban sokkal inkább az angol „civil protection” fogalmával egyezik meg, és nem a „civil defence” néven azono-sítható, a légoltalomból továbbfejlődött, fegyveres összeütközések időszakára vonatkozó tevékenységgel. A biztonsági környezet változása ugyanakkor magában hordoz egyfajta hangsúlyeltolódást a fegyveres összeütközések időszakára jellemző polgári védelmi fel-adatrendszer irányába. Ennek kapcsán azonban paradigmaváltás is szükséges, a korábbi létszámgazdálkodás-szempontú polgári védelem helyett egy képességalapú rendszer felállítása jobban szolgálhatná a reagálást a változó környezetből eredő kihívásokra. Emellett a polgári védelmi szervezetek fegyveres összeütközések időszakára vonatkozó képességcéljainak kialakításakor hangsúlyozottan megjelenik a katonai gondolkodás igénye a katasztrófavédelmi megközelítések helyett.

Privacy protection in Hungary

Abstract The EU beneficial ownership register leaves very little room for maneuver for those who prefer to maintain their privacy in present times. This article discusses the privacy element of the Hungarian Asset Management Foundation (AMF), analyzes the impact of the AMF law on the privacy of the participants in an AMF, and gives an insight into the workings of a hybrid structure when an AMF acts as trustee.

Introducing historical landscape in the cultural heritage conservation through the example of the Tokaj wine region in Hungary

The Tokaj wine region has been declared as a historical landscape by the decree of the National Ministry of Human Capacities in 2012. The historical landscape is defined in the Act LXIV of 2001 on the Protection of Cultural Heritage as an area under the preservation of Historical Monuments. The Tokaj Wine Region is the only legally recognized historical landscape in Hungary. This protection aims to preserve the historical built and natural environment as well as the traditional land use methods. The historical landscape, in the case of Tokaj, is a legal tool to increase the heritage protection level of the wine region. Nevertheless, no further details have yet been communicated on the preservation method. In this matter, protection remains on the level of discourse which puts emphasis on the expected perspectives in territorial planning and development. It may create a narrative that might potentially transform the territory. The region of our case study has been inscribed as a cultural landscape on the UNESCO World Heritage List and was added to the World Heritage List in 2002. Besides, the national government recognized the region as a territory of priority development in 2014 and a territory of priority touristic development in 2017. The area in question is marked by the stark contrast between social inequality and the image of the prestigious wine sector. In this paper, after providing a discussion of the institutional background of the adoption of the historical landscape in Hungary, I describe the different protection tools from the perspective of heritage conservation in order to reflect on the conception of the historical landscape: how was the region recognized as a historical landscape, and what was the purpose of this recognition? The main aim of the paper is to analyse the institutional process that led to the integration of a new object of protection in Hungary, called historical landscape.

THE EXPANSION OF STATE AUTHORITY OVER THE NEIGHBOURING STATES THROUGH INFORMAL MIGRATION CONTROLS: THE CASE OF HUNGARY’S CONTROL OVER SERBIA

Our preliminary fieldwork shows that there is large scale agreement between the migration and border authorities of Hungary and Serbia on the names of asylum seekers before they are allowed into to the Hungarian transit zones and apply for international protection in Hungary. The list, proposed by the Serbian Commissariat for Refugees (SCR) and approved by the Hungarian border authorities, is communicated through the use of community leaders from the Serbian reception centre. Hungary’s motive behind keeping its cooperation with Serbia informal is to conceal the existence of cooperation between both states and to avoid legal challenges in the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR). Therefore, the paper argues that the informalisation of migration management constitutes a significant challenge for the authority of the Geneva Convention Relating to the Status of Refugees 1951(hereinafter referred as the Refugee Convention). The paper further argues that Hungary’s informal cooperation with Serbia is a form of expansion of the Hungarian state authority under the principle of extraterritorial jurisdiction of a state. Therefore, despite informal nature of Hungary’s migration cooperation with Serbia, the responsibility for violations of asylum seekers rights in Serbia and their exclusion from international protection continues to engage Hungary for the reason of having effective control on the migration management in Serbia.

New ways towards a service-oriented, participatory child protection in Hungary

The core aspect of the child welfare and protection thought focusing on the family and channelling community resources is that in order to preserve the unity of the family, it is necessary to widely introduce from the local community the services into the family’s life, thus mobilizing the internal resources of the family, and acknowledging parenting, as a social value. Integrative child protection is a multidisciplinary and multidimensional process. The research examines how the Hungarian child protection professionals in child welfare services and centres, child protection institutions and foster care system reflect on the professional work, and on the dysfunctions identified in child protection field work. I also examine how social work training and practice can help to incorporate professional values into field work. I analyse how social assistance can be adequate in general, and how social work became asocial in the late modernity and in a rapidly changing, unpredictable service environment.

A biztonság mint szolgáltatás megteremtése az állami, önkormányzati elektronikus információs rendszereknél I.

A tanulmányban összefoglaltam Magyarország kibervédelmének főbb elemeit, kiemelve a téma szempontjából legfontosabb stratégiát, jogszabályokat és szervezeteket. Ez után bemutattam az állami, önkormányzati infokommunikációs rendszerek konszolidálása okán létrejövő szolgáltató-felhasználói modellt, és annak hatását a kibervédelemre, amelynek kapcsán rámutattam, hogy a jelenlegi jogszabályok az ebből adódó feladat- és felelősségelhatárolást nem kezelik. Rávilágítottam, hogy a hazánkban kijelölt központi szolgáltató, a NISZ Zrt. említett jogszabályokban leírt feladatainak ellátását úgy végezheti el, hogy alapvetően felhőalapú szolgáltatásokat nyújt, ezért összefoglaltam a felhőalapú rendszerek tulajdonságait, csoportosításukat. Bemutattam azt is, hogy a nagy nemzetközi szervezetek ezek közül melyeket ajánlják az állami intézmények számára és a NISZ Zrt. melyben szolgáltat.

Consumer Awareness and Consumer Protection in Hungary

The consumer asserts that his decisions are consistent and rational. He likes to believe this about himself. Based on previous surveys it can be stated that our confidence persists until the assessment of the actual level of our knowledge on consumer protection takes place, e.g. in the form of a test containing 13 substantial questions to measure the actual level of knowledge. This test was filled out by 2182 persons over 18 years of age. In overall, we can say that no matter how much we love to think about ourselves as being conscious customers, this statement is generally not true. The level of consumer protection knowledge is generally insufficient in Hungary. Only 13% of consumers have the right to say that they are knowledgeable of consumer protection at average level, while the good level was achieved only by 2.1% of the respondents.

Kurgans

The burial mounds, living mounds, guarding and border mounds (group name is “kurgan”) have been under environmental protection in Hungary since 1996. Besides the fact that they are important elements from archeological point of view, in many cases they reserve valuable remaining parts of onetime steppes, and studying of their buried soils can provide new data to learn more about the ancient environment, flora and the soil-formation processes took place long ago. In this way it can be obtained information about the Holocene climate changes. Our research team had seized the opportunity to examine several kurgans located in the Great Hungarian Plain. Two of them – the Csípő- and Lyukas-mound – has been examined in precise details through the involvement of experts of various disciplines. Due to this cooperation we could extend our researches and knowledge on the biogenic genesis of paleosoils and paleoecology concerning our kurgan studies. Therefore we utilized biomorphic analysis besides pedological investigations. Though the differences in sampling methods were significant, but the existence of a buried, ancient, undisturbed soil profile can be stated. According to morphological description of soil that was done after the kurgan’s excavation and drillings, we conclude that both the modern and paleosoils of the kurgans belong to Chernozem type soils, formed under predominantly arid steppe vegetation. Due to this fact we assume that the ancient environment of both kurgans was similar in many points with the modern landscape. Hence instead of closed forest vegetation rather loess-steppe or semi-shaded steppe can be reconstructed as the former environment of the mounds, which was mosaicly surrounded by water and salt affected areas. These results demonstrate that in the Carpathian Basin the Holocene climate changes are characterized by rather evenness, and but not the previously assumed character changes.

Environment protection in Hungary after the change of the system in the early 1990s

This study provides an overview of the condition and economic status of the environment after the political change in the early 1990s. Moreover, it gives information on the history of the nature and environment protection, as well as on the institutional structure regarding water quality protection and the change in the management and institutional structure with respect to the environment protection. The study also contains an organogram showing ministries that have changed since the 1990s. Furthermore, the organogram contains information on the structure and scope of activities of inspections and the power distribution among local and state authorities.

Consumer protection in sales transactions in Hungary

Sales transactions are the basic and most frequent transaction consumers conclude in their everyday lives. Therefore, it is very important to know what rights consumers have, and which procedures and remedies are available when their rights are infringed. The paper aims to give a comprehensive overview of consumer protection issues arising out of the sales contract in Hungary, from the advertising activity, via the contract itself, and until the enforcement of consumer’s rights. Attention will be given even to consumer education and information, as important tools for making smart purchase choices. Since a wide range of issues will be covered the paper aims to give a structured summary of consumer’s rights, remedies, institutions, enforcing mechanisms, procedures and educational and information tools and methods. The approach of the paper is original as the protection of consumers is analyzed from both civil and criminal law point of views. Besides focusing onto consumer protection in Hungary in general, the paper will present some unique practical data from a smaller territorial unit, the city of Szeged.

Changing of chemical weed control of green pea considering environmental protection in Hungary

Changing of chemical weed control of green pea considering environmental protection in Hungary

A Mecsek Orthoptera faunájának jellegzetes vonásai

The Mecsek Mts and the Villány Hills represent the most southern (low)mountain region of Hungary. Here 63 grasshopper species were detected (=51,6% of the total Hungarian Orthoptera fauna), however, several in Hungary elsewhere common species were not found. High percentage of some Mediterranean, Balkan and other, elsewhere in Hungary rare or missing Orthoptera species (as e.g. Poecilimon fussi, Poecilimon intermedius, Isophya costata, I. modestior, I. modesta, I. camptoxypha, Sagapedo, Odontopodisma decipiens, O. schmidtii, Aiolopus strepens, Acrotylus insubricus, etc.), are characteristic to this fauna and to these grasshopper assemblages. The joint and frequent occurrence of bigger, mostly predaceous decticines (3 Pholidoptera spp., Pachytrachis gracilis, Pterolepis germanica) is also remarkable. Species being under legislative nature protection in Hungary amounted to 10 taxons (=15,9 %) in the Mecsek, - among them with two sub-endemics for the Carpathian Basin: Isophya costata and /. camptoxypha. However, during the last decades some flightless phaneropterids (/. modesta, I. camptoxypha, I. modestior) seem to have suffered local extiction around settlements due to the urbanization pressure. Species occurring in the Mecsek Mts were classified according to their phenology. The northernmost sites of the area of Aiolopus strepens - the adults overwinter - were detected in the Mecsek. Places of occurrence of rare and protected species {Isophya spp., Poecilimon intermedius, Aiolopus strepens) are endangered by habitat destruction, especially around the city Pécs, that is extending to parts of the southern slopes of the Misina Mt (535 m).

The Legal Rules Pertaining to Land Protection in Hungary

Buildings in industry, mining, transportation and for personal and commercial activities cover increasingly more valuable agricultural land. The increase of sub-urbanization and vehicular traffic and the spread of malls and other kinds of investments are causing serious harm for not only to human society, but to a whole national economy as well.The law on agricultural land (1994:LV) contains legal rules for the preservation, use and classification of agricultural land. These rules define the temporary or permanent use of land for agricultural and non-agricultural purposes; the scale of the land-protection fee and the rules of the process on cases in which land is used for non-agricultural purposes without the consent of the land registry. In the field of land classification, the law prescribes the regulations which are to be followed in order to define the net income of agricultural land in Golden Crowns.Hungarian land protection rules are unique in the European Union, because only few member-states have similar laws to ours. Community law does not regulate the member states, except in the case of land classification, because this is the basis of the tax paid on the agricultural lands, but even here, there are differences among the states.

Remodelling the System of Legal Protection in Hungary

The study presents how the system of legal protection since the turn of the 1980sand 1990s, as a consequence of the changed international, political and economic circumstances, has been transformed in Hungary according to the requirements of a modern constitutional state. Giving information on the relevant historical-legal antecedents in Hungary, the then arising practical exigencies and different recently applied models in Western democracies, taken as starting points during the elaboration of the reform, the pros and cons of the latters,the study analyses the solutions introduced at the time of the change of the political-economicregime, their later developments, as well as the present-day system of legal protection in Hungary, making mentions of problems, too, which arise in some respects even nowadays. Taking all these into account, a comprehensive information is given in thestudy on the establishment of the Parliamentary Commissioners for Civic Rights and of the ConstitutionalCourt in Hungary, on the prosecutor's (procurator's) offices and courts of justice, focusingon the relating constitutional principles, their organisation, competences, guarantees of independenceand staff problems alike.

Challenges of Environmental Protection in Hungary

Challenges of Environmental Protection in Hungary