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Copyright of Acta Universitatis Carolinae Philologica is the property of Charles University Prague, Karolinum Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper explores the concept of islands in international law and its implications for the South China Sea dispute. Islands are important for various reasons, such as territorial sovereignty, maritime rights, and natural resources. However, the legal binding definition of artificial islands has not been enacted by any international document until now. This paper traces the historical development of the concept of islands, from the Hague Conference in 1930 to the United Nations Convention of the Law of the Sea (UNCLOS) in 1982. It also analyses the challenges and opportunities of artificial islands, which are man-made structures that can serve different purposes but can also create various legal and environmental problems. Artificial islands are especially relevant for the South China sea dispute, which involves multiple costal states, while China has significant geopolitical and economic implications. This paper argues that the South China Sea dispute can be resolved through cooperation and dialogue, based on international law framework. Taking into account the provisions of UNCLOS, South China Sea dispute, state practise, and legal scholarship, this article aims to unpack the complexities surrounding artificial island and implications of artificial islands on the international relations. [ABSTRACT FROM AUTHOR]

Copyright of Acta Universitatis Carolinae Philologica is the property of Charles University Prague, Karolinum Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

It is generally accepted that law consists of two main domains -- private and public. At the same time, there is clear scepticism about the sharp separability of these domains. The problem of distinguishing private and public law is undoubtedly also a problem of public administration and its implementation as it is possible that the public purpose will also be fulfilled by private law norms. In addition, there may be legal institutes that combine more or less the norms of public and private law, for which the designation of hybrid legal institutes seems appropriate. However, such institutes may present some difficulties associated with legal dualism. The aim of this two-part paper (within its limited scope) is to provide a basic introduction to the issue of socalled hybrid legal institutes. In the first part of the paper, besides some general background, the text presents a triad of such institutes that are applied in the context of public administration and for which some debate over their legal nature could be observed in the domestic literature. In the second part (which will be published in a future issue of the journal), the text attempts to answer the research question of how to deal with these institutes, or rather considers some basic criteria for distinguishing private and public law in the context of public administration regulation. [ABSTRACT FROM AUTHOR]

This paper examines how objectives of the European Union in the field of climate change affect the legal regulation of products and what impacts they also have on some connected issues. The current ecodesign legal regulation is based on the Ecodesign Directive and the particular requirements on products are then set in regulations following the Ecodesign Directive. The paper primarily focuses on the changes in ecodesign product regulation brought by the new Ecodesign for Sustainable Products Regulation proposal. The issue of the proposed legal regulation connected with environmental claims is also addressed in the text as it is an important complement to the sustainable products legal regulation. [ABSTRACT FROM AUTHOR]

The article deals with the development of the legal regulation, more precisely with the statutory regulation, of the organization of the State Police (of the Czech Republic). The first part of the article gives an outline of the development of the legal regulation of State Police between 1947 and 1989. A more detailed account is then given to the development of the organization of the State Police after the serious political changes at the end of 1989. The second part of the paper is focused on the adoption of the Act No. 283/1991 Sb., on the Police of the Czech Republic, and its regulations regarding the organization of the State Police until its abolition in 2008. This section also recalls the debate on the new law on the State Police, which was prepared in 2000, but has not been submitted to Parliament. The new legislation, implemented by Act No. 273/2008 Sb., on the Police of the Czech Republic, is analyzed in terms of the organization of the Police in the third part of the paper. The conclusion contains an assessment of the current legislation, inter alia, in terms of access to information on the organization of the Police. [ABSTRACT FROM AUTHOR]

The topic of this paper is the conflict of interest of close persons in the civil service, specifically in the context of selection procedures. The present text focuses on the existing rules that address conflicts of interest in the selection board members and applicants for recruitment. The paper also discusses, in passing, the employment context. [ABSTRACT FROM AUTHOR]

The paper is focused on the topic whistleblowing. The paper discusses the new whistleblowers act. The attention is focused on the scope of the legislation, the conceptual definition of protected reporting and on the position of the relevant person. The conclusions reached are applicable both to the civil service and to labour law relationships. [ABSTRACT FROM AUTHOR]

The paper is focused on some issues of the current Israeli-Palestinian conflict from the point of view of international law. The main topic is terrorism, the question of the possibility of viewing terrorism as a new form of aggression is examined. This part is followed by a chapter on the internal structure of Palestinian representation. Attention is also given to more general issues of responsibility of some non-state actors, rebel movements, de facto authorities, de facto government, de facto regimes, and private individuals. This is followed by the main part of this paper, which is dedicated to the issues of the attribution of the actions of the Hamas movement to the Palestinian Authority. [ABSTRACT FROM AUTHOR]

The paper deals with the recent topic of plea bargaining in relation to the case-law of the European Court of Human Rights. It focuses on several areas in the Court's jurisprudence, which are waiver of the right to a fair trial, prejudice to the accused, the right to a defense, the speed of criminal proceedings, and finally, the presumption of innocence and group cases. The paper concludes with an assessment of whether the regulation of the plea bargaining procedure is in conformity with the jurisprudence of the European Court of Human Rights. [ABSTRACT FROM AUTHOR]

The United States of America was on its move towards equal civil rights in the middle of 60s. The movement mostly formed and led by the personality of Martin Luther King, achieved many of its goals. The support of the Washington government was unquestionable, and the presidency of Lyndon B. Johnson made legislatively great moves in the way of remedy of the old injustice connected mostly with numerous Afro-American minority. From this point of view, it is not surprise that these steps could be signs of a positive turn. But was it actually true? However, there were still plenty things to do. It was clear that just few signatures on the papers with laws could not bring the change on their own. Change of the society takes some time and before everyone who meant the change seriously appeared a new challenge. The abolition of segregation meant that the focus of the ones who were discriminated shifted to the North of the USA and the question was whether King and his colleagues will be successful also there and how the nature of the struggle for the civil rights will change. [ABSTRACT FROM AUTHOR]

Urban Exploration (URBEX) is a relatively recent leisure activity that is directly related to the exploration of abandoned and unused objects and areas, collectively referred to as brown- fields. This survey of modern ruins is conducted for private purposes only, for the purpose of photo-documentation or video-visualization and their sharing within the community or presentation to the public. Due to the fact that the properties visited in this way are owned by other entities and there is often a real risk of damage to property and health, it is necessary to identify those legal aspects of URBEX that normatively regulate the relationship of both parties concerned. The aim of this paper is to define, within the framework of Czech legal standards, the rights and obligations of the property owner, which flow for them in connection with the realization of URBEX on real estate that is his property. [ABSTRACT FROM AUTHOR]

Europe is undergoing a massive transition to electricity generation from renewable energy sources. Photovoltaic power plants, representing one of the main renewable energy sources, require a lot of space, which is why agricultural land and building roofs are considered to be most suitable for such projects. However, performed analysis in the field of agricultural land, landscape or cultural heritage protection has shown that other public interests often constitute an important obstacle to the development of photovoltaic power plants, especially when the values represented by these interests are significantly affected by the project. The aim of this paper is to identify such cases, in addition to situations where the installation of photovoltaic power plants would be compatible with these public interests. [ABSTRACT FROM AUTHOR]

The following paper is the second part of an article dealing with the mining accident that took place in 2000 in the Romanian town of Baia Mare, which has been described as one of the worst environmental disasters since the Chernobyl accident. The first part focused on the circumstances of the accident, its consequences, and an analysis of the international legal framework in force at the time of the incident. The authors also describe the changes in international law adopted in response to the accident in Baia Mare and analyse the relevant case-law of the ECtHR related to the Baia Mare accident, Tătar v. Romania case. In the second part of the article, the authors discuss the response to the accident at the level of the European Union and the key changes in EU legislation adopted as a result of the accident. The article also points to changes made in national law in the Czech Republic, which directly or indirectly responded to the accident in Baia Mare. In conclusion, the authors relate this mine accident to the accident on the Bečva River that occurred in 2020. [ABSTRACT FROM AUTHOR]

The aim of the article is to draw attention to one of the current trends in climate litigation, in which the solution of a human rights issue becomes the essence of the dispute. This trend is known as the "human rights turn", whereby the failure to fulfil or adequately fulfil national or international climate commitments is linked directly to the violation of fundamental human rights. The paper notes the impact of this trend on the interpretation of some fundamental human rights (in particular the right to life, the right to respect for private and family life and the right to a clean, healthy and sustainable environment). It draws attention to the need to strike a balance between protecting the rights of present and future generations. The application of the principle of intergenerational solidarity and the principle of proportionality is a primary factor in addressing this issue. [ABSTRACT FROM AUTHOR]

Copyright of Acta Universitatis Carolinae Philologica is the property of Charles University Prague, Karolinum Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The objective of this paper is to evaluate the law of the Council of Europe (CoE) regarding protection of the human rights of elderly in crisis situations using the examples of the armed conflict in Ukraine and COVID-19. Given this, the paper is divided into two main parts. The first part analyses the response of the Council of Europe bodies to the measures influencing the rights of elderly introduced by the governments of the CoE member states in relation to COVID-19. The second part is devoted to the specifics of the legal regulation of the human rights of the elderly during armed conflicts, applying the example of the war in Ukraine. The Conclusions focus on the comparison of the protection of older people in the two mentioned crisis situations, i.e. with regard to the war in Ukraine and in connection with COVID-19. The author is of opinion that the rights of older persons received more attention in times of the health crisis than during the armed conflict. [ABSTRACT FROM AUTHOR]

The paper focuses on a hitherto unexplored area of research into the modern means of transport - the automobile and automotive issues in the field of theatre. The author has approached this area of problems from a developmental, historical and cultural-historical point of view. The basis consists of selected (surviving) theatre plays (including signs and posters) that appeared on stage in various forms and shapes from the end of the monarchy to the Second World War. The paper is based on a study of the library collections of the IDU (Institute of Theatre Arts) Library, the National Library and the database of the "Czech Amateur Theatre". [ABSTRACT FROM AUTHOR]

This study is focused on the consequences of a final conviction in criminal proceedings on the military service of a professional soldier in comparison with the employment of an employee. To provide a better understanding, a basic description of termination of both relationships is offered prior to examination of the main subject of the paper. Further on, the consequences of a final conviction in criminal proceedings on the military service of a professional soldier and on the employment of an employee are reviewed with a finding of great similarities. First of all, before the very formation of the relationship, a candidate's clean criminal record is a must-have in case of military service and might be a must-have in case of some (specific) employment. Secondly, in case of a conviction and sentence to imprisonment (with no specific length of imprisonment) for an intentional crime, a professional soldier must be dismissed from the military service but an employee may (in regular cases) be dismissed only if they are sentenced to imprisonment for six (or twelve) months for an intentional crime. Finally, the study offers proposals de lege ferenda. One of them is to remove the necessity of giving a convicted soldier an extra two months after the final conviction is delivered by court before soldier's military service is terminated. Another is to dispose of the limitation for the employer consisting of the prohibition of termination of employment with protected employees (pregnant employee, employee on maternity or paternal leave). [ABSTRACT FROM AUTHOR]

This paper is a brief reflection on the current views of the Supreme Administrative Court and the Supreme Court on selected issues related to the appointment or the recalling of a secretary of a municipal office. In particular, it focuses on the unclear legal character of the approval given to the appointment or the recalling of a secretary by the director of a regional office, as well as evaluates the long-held view of case law on the application of the time required for the removal of a secretary of the municipal office. [ABSTRACT FROM AUTHOR]

The following paper traces the circumstances of the 2000 mining accident in the Romanian town of Baia Mare, which has been described as one of the worst environmental disasters since Chornobyl. Following this, the authors analyze the international legislation in force at the time of this accident and mention two types of obligations resulting from international treaties in force at the time, to which Romania was also a contracting party. At the turn of the millennium, there was a lack of legislation at the international and European Commission level to regulate this waste management process, making the whole process riskier and, in some cases, was also the reason for mining accidents associated with cyanide leaks into the environment. The authors describe the changes in international law adopted in response to the mining accidents, cite the case-law of the ECtHR related to the Baia Mare accident case (case Tatar v Romania). The authors leave aside the European and Czech aspects of the issue, which they will focus on in a separate article. [ABSTRACT FROM AUTHOR]

This paper deals with the topic of a non-active status of civil servant due to organisational reasons. The author specifically focuses on legal grounds that may lead to a civil servant being temporarily placed in a non-active status. The author analyses available defence instruments for civil servants against temporarily leaving the service. During the non-active status, the civil servant does not execute their service, the period of the non-active status is generally limited to six months. If the non-active status exceeds the six-month period it shall be decided to terminate the civil service employment. Additionally, the author provides an overview of the rights and duties of both the civil servant and the appointing authority during the period of non-active status. [ABSTRACT FROM AUTHOR]

Laws regulating the legal status of individuals who professionally perform tasks of public administration (such as civil servants, police officials, appointed or elected representatives of administrative authorities, etc.) impose certain requirements on these individuals. One of these requirements is criminal integrity, which means that these individuals should not have a criminal conviction. The laws regulating the legal status of various categories of public employees differ in terms of whether they prohibit individuals convicted of intentional crimes from performing public tasks, or if they also include individuals convicted of criminal negligence. Furthermore, different laws handle the consequences of initiating criminal proceedings differently. This paper examines the laws that regulate the legal status of different categories of public employees and highlights the common elements and differences among these laws. The analysis concludes by outlining general rules that should be applied to all public employees. [ABSTRACT FROM AUTHOR]

This paper deals with the issue of individuals who are employees of the state (the Czech Republic), but are not civil servants under the Civil Service Act. The author points out the shortcomings that the legislature has committed in the past in defining this group of employees, who, although working in "state administrative offices", do not work in service relationships but in employment relationships (regulated primarily by the Labour Code). The article leads to the interpretation of the examined unclear provision and also contains some topics de lege ferenda. [ABSTRACT FROM AUTHOR]

The paper deals with the current issue of consumer discrimination from the perspective of the Russia-Ukraine conflict. The subject of the study is the assessment of whether an entrepreneur can completely prohibit or condition access to services to Russian citizens, or whether it can do so against persons supporting the war in Ukraine or Putin's regime. This conduct is assessed in particular from the point of view of illegality under Section 6 of the Consumer Protection Act, which very strictly enjoins an entrepreneur not to discriminate. The paper provides a summary of the related case law, raising the question whether, in view of the current political developments in Russia, these case law conclusions can continue to stand in the same form. [ABSTRACT FROM AUTHOR]

The paper deals with the system of employer's insurance for damages in the event of a work accident or occupational disease from the perspective of financial law (especially tax law). First of all, the author discusses the theoretical nature of this insurance and its establishment in the Czech legal system. In the following parts of the paper, the author deals with further legal implications of the results of his findings, namely whether the paid insurance premium has the character of a tax or an insurance premium from a theoretical point of view. He then places these results in the context of the assessment of constitutionality within the meaning of Article 11(5) and Article 4(1) of the Charter of Fundamental Rights and Freedoms. [ABSTRACT FROM AUTHOR]

The aim of this paper is to discuss some of the challenges resulting from the fact that interpreting classes at the Institute of Translation Studies (Charles University, Prague, Czechia) are attended by students whose mother tongue is not Czech (double degree students from Universität Leipzig or Erasmus+ incoming students). Drawing on the results of action research conducted in two different interpreting courses, we describe the challenges that this non-standard situation represents for the teacher, how teaching methods need to be adapted, what implications this distorted directionality has on student assessment, how this combination of students with different mother tongues can enrich interpreting seminars and their participants, and what benefits it brings to the interaction between teacher and student and among students. [ABSTRACT FROM AUTHOR]

The paper examines evolution of the opinions of the Slovenian public regarding cohabitation in socialist Yugoslavia before its breakup. Data from regular Slovenian sociological surveys from 1970s and 1980s and the design of these surveys are analysed. A sudden increase of ethnic issues is observed in the questionnaire in 1987 which illustrates growth of importance of the topic even among those intellectuals who had focused on other political issues up to then. The results of the surveys show, at the same time, continually increasing ethnical sensibility and fading identification with Yugoslavia among the Slovenian public during the entire decade with an acceleration in 1987. Since the second half of that year, growing nationalism in Slovenia was extensively discussed also by the local communist elites. They, however, mostly gave in to the nationalist radicalisation and quickly absorbed it into their own attitudes. [ABSTRACT FROM AUTHOR]

The paper discusses the basic principles of criminal procedure as set out in the draft of the new Criminal Procedure Code. The author also presents the work of the recodification commission on these principles. He mentions the problems connected with their expression in the text of the code and their systematic arrangement. Two principles are examined in detail. Concerning the principle of legality, he considers the discretionary powers of the prosecutor and the method of controlling compliance with it. With regard to the principle of substantive truth, he discusses the extent to which this principle is eroded by institutions adopted from other legal systems. [ABSTRACT FROM AUTHOR]

The paper focuses on an overview of the Draft New Code of Criminal Procedure's chapter covering searching for, discovering, and securing information, items, electronic data, and documents important for criminal procedure. It is divided into two main parts. The first is a brief introduction to the new conception in a general manner and strives to provide a comprehensive analysis of its main cornerstones and traits, the second consists of an analysis of the most important novelties in particular areas such as a new regime for securing electronic data, new rules for the search of premises where advocacy is conducted, a determination of ownership of a secured item etc. It also brings a discussion of a few chosen elements, which the authors deem as controversial or important. Where the text of the draft is criticized, possible solutions are also recommended. [ABSTRACT FROM AUTHOR]

The paper at hand deals with role and function of the general prevention duty in tort law as introduced by the Czech Civil Code in 2014. The general prevention duty has been taken over from the former Civil Code with some minor legislative amendments. On the other hand, basic rules for tort liability have changed significantly. As opposed to the previous general tort law provision, the new tort law was modelled upon the German concept of liability. However, German tort law does not explicitly provide for a general prevention duty. As the paper points out, this creates a unique combination of rules that need to be examined and discussed thoroughly. The paper at hand strives to be part of the discussion and tackle the issue of whether the traditional understanding of the general prevention duty needs to be reassessed and if so, how. It poses major questions, which arise due to the aforementioned changes. It further evaluates existing opinions on the matter and elaborates on possible solutions to the problem. [ABSTRACT FROM AUTHOR]

Taking Lovejoy's history of ideas perspective, the study compares two central texts of Czech political philosophy: Our currently Crisis of T.G. Masaryk (1895) and the essay of the same name by Karel Kosík (1968) and shows two forms of thematization of the crisis of modernity in a particular constellation on national life. The paper points out their thematic and argumentative analogies and analyses them against the background of the more general themes of the Czech political culture: spontaneous egalitarianism, distrust of politician, the role of writers, narrow conceptions of party politics, opinion polarisation of public. The paper then examines the texts as historically concretized answers to the changing social structure of the Czech national society. Masaryk's text was written at the height of (what M. Hroch calls) the "third phase" of the emancipation of the "small nation". The second text came at the time of the unfinished and unsuccessful stabilization of the social structure of Czechoslovak society after the 1948 communist coup, culminating in attempts at political reform in 1968. The authors are convinced of the "crisis of the modern man", of the emptiness of the ideas of their world and the loosening of its values, the alienation of the political system and the non-principled pragmatism of problem-solving. A strong common motive is the critique of politics as the dominant and "all-wrenching" sphere of social and cultural life. While T. G. Masaryk saw a solution in updating the supra-individual and trans-national political and spiritual values of communal life, Karel Kosík believed that redress could be based on a return to the "pre-Stalinist" idea of proletariat as a "subject of history". [ABSTRACT FROM AUTHOR]

Copyright of Acta Universitatis Carolinae Philologica is the property of Charles University Prague, Karolinum Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper deals with changes that have taken place in the organization of state administration from the perspective of administrative justice and its local jurisdiction. To do so, the paper answers the fundamental question of whether the organization of state administration (in terms of the local jurisdiction of administrative authorities) and the organization of administrative courts (also in terms of their local jurisdiction) are related or not. In this context, it is worth considering whether the organization of administrative justice should follow the organization of the public/state administration as such and its trends or even the opposite and whether the two phenomena should not be independent of each other. The paper summarises the issue of the criteria for determining the local jurisdiction of administrative courts, the legal regulation of which has undergone certain developments, similar to the development of the legal regulation of the organization of the state administration. The question is whether any common indicators can be traced. The issue under examination is not only of a purely practical nature, such as the criteria for determining the local jurisdiction of an administrative court. It is related to the overall state of both the state administration and the administrative justice and their organization, and it offers several questions of a more general nature, such as the formal and informal impact of "its" regional court on the administrative authorities within its jurisdiction, the influence of their case law on "local administrative law", the question of the availability of administrative courts, or access to them, as well as their caseload. Overall, the paper discusses whether it is possible to find any relationship or rather consequences, arising from the local jurisdiction of administrative authorities, resulting of course from the form of the organization of the state administration, and the (non)corresponding local jurisdiction of the administrative justice. Possible de lege ferenda considerations in terms of the organization and local jurisdiction of the administrative justice are also mentioned. [ABSTRACT FROM AUTHOR]

The paper deals with the conception of public rights, their attributes, and a definition of the typical groups of public rights. The author analyses which duties of public authorities may be enforced before the court. The author further shows when individual persons have no legal claim to fulfilment of duties of public authorities. The paper analyses the evolution of public rights within the area of public administration and the possibilities of enforcement of these rights. [ABSTRACT FROM AUTHOR]

The paper deals with the repatriation wave of Armenians from the Diaspora to Soviet Armenia in the years 1946-1948. It was the largest targeted and systematic immigration back to the Republic of Armenia, perceived primarily as a motherland and Promised Land; the migration wave and its impact could be considered in the frame of Hebrew aliyahs, or "ascension upward" (toward the Holy City). Returning from exile is called nergaghth in Armenian. The collective memory of Soviet Armenia has usually depicted this immigration as a success, a rescue of a nation threatened by genocide and an afflux of "new blood"; however, the repatriation was perceived as disappointment and historical injustice by repatriates and considered one of the reasons for tensions between the Diaspora and its motherland. After 1956, the majority of repatriates returned to their original host countries; those who remained in Armenia are (even after several generations) called by the pejorative term akhpar. [ABSTRACT FROM AUTHOR]

This paper aims to research the mandatory transfer of contractual obligations under the institute of the transfer of enterprise (or its part) under the Czech law. The transfer of business enterprises was reintroduced in the Czech law in more than 30 years ago, however to this day, the case law has not been united regarding the transfer of contractual rights and obligations. The author tries to conduct research by solving two case studies relating to the statutory guarantee of the transferor for the transferred debts. The first case study relates to the question, whether the transferor guarantees fulfilment of debts under specified framework agreements, provided the creditor has not consented to the transfer of the enterprise. In case of first study, the author succeeded to find solution under the current case law of the Czech Supreme Court. The aim of the second case study is to answer the question of "shared agreements" in case of the transfer of part of business enterprise, in particular whether there are any principles of determination which rights and obligations under shared agreement are subject of the transfer. According to the Czech Civil Code, the same principles as in case of the transfer of a whole enterprise should also be applied to the transfer of part of an enterprise, however there is no statutory nor doctrinal support on how to proceed in case of shared agreements. Although the current doctrine and case law provide no specific principles regarding which rights and obligations are transferred along with the part enterprise, the author provides an approach based on logical and teleological interpretation of the principles of enterprise transfer. The most preferred variant is to split the respective contractual rights and obligations, and if not possible, the rights and obligations should follow the legal fate of the part of enterprise to which they relate more closely. [ABSTRACT FROM AUTHOR]

The paper discusses the issue of alternating custody under Czech law both from the point of view of civil law and especially from the point of view of tax law. The author focuses especially on the gaps in law pertaining to the tax benefits available to parents having alternating custody of their children and presents some recommendations de lege ferenda. The article also focuses on the issue of single-household custody and the resulting private law and tax law consequences. [ABSTRACT FROM AUTHOR]

Virtual currencies have been part of economic reality for more than a decade but have only become the subject of legal regulation at European and national level in recent years. This is in a sense natural, since law as a normative system reacts only with a certain time lag to already existing facts, circumstances, and relations which, due to their impact, require legal regulation. The author deals with the legal nature of virtual currencies and their relationship to categories such as money, currency, crypto assets. The article then defines their regulatory framework and taxation in terms of de lege lata and de lege ferenda. The paper concludes with thoughts towards the future of virtual currencies in financial and tax law. [ABSTRACT FROM AUTHOR]

The paper examines the assumptions and conditions of (auto)mobility in a rural microregion in eastern Bohemia, specifically in the localities of municipalities of Široký Důl and Trstěnice. In this manner situated mobility becomes an important part of the research. Using this background, the relationships of transport users to mobility, their experiences, ideas and opinions are studied. Knowledge included in the study was obtained through the author's own field research. The overall picture of historical development of motoring would not be complete without rural environment forming specific conditions for this area of practical human activity. [ABSTRACT FROM AUTHOR]

The paper shows the role of the totalitarian state in the transformation of ethnic identity. The Soviet Union's approach to the national question was based on the ideologies of 19th century ultra-radical theorists, whose aim was to change society by eliminating a number of institutions - in addition to membership of a national group, this included the elimination of private property or the family. There were many paradoxes in putting these theories into practice because the initial theories were fraught with internal contradictions. The example of the Central Asian Dungans shows how the state created a new ethnic group, which it supported in every possible way, and in the next stage, on the contrary, it was clearly persecuted. In the implementation of state intervention, it is evident that the main declared elements of ethnic identity (in the case of the Dungans, it is mainly the Muslim religion) are very volatile and their meaning changes considerably. While earlier Soviet ideology sought to present the Dungans as a group very different from their ancestors in China, a Chinese ideology is now emerging that points to the similarities between the two groups. [ABSTRACT FROM AUTHOR]

The paper deals with the position of consumer protection rights as a part of both the system of private law and the systematic legal regulation in civil code from the point of view of the solution to this situation in Czech private law, which is confronted with the process of integration of consumer protection law into the frame of social model of private law. [ABSTRACT FROM AUTHOR]

The paper deals with the new regulation of the relative ineffectiveness of legal acts in the Civil Code and compares it with the special regulation of the ineffectiveness of legal acts of the debtor in the Insolvency Act, which was adopted several years earlier. The basis of the treatise is the substantive legal regulation of the institute, but due to its nature, the procedural aspects - the so-called voidability - cannot be separated from the substantive aspects. The interpretation therefore focuses on the procedure of creditors towards the debtor or third parties when applying relative ineffectiveness and focuses on avoidance actions (both general and special), which are the basic instrument of the legal protection of creditors. With regard to the above-mentioned double regulation there are also problems in practice when both variants occur concurrently. A specific problem is also represented by the clash of the relative ineffectiveness of a legal act with its invalidity and its resolution especially in the area of insolvency law. [ABSTRACT FROM AUTHOR]

The aim of this paper is to outline the current condition and identify development trends in the application of administrative liability in the field of component (ecosystem) environmental protection. For this purpose, the author first summarizes the theoretical basis of the application of administrative liability, which he confronts with the application practice, which is presented through the analysis of annual reports of administrative offenses prepared by central administrative authorities according to § 110 of Act No. 250/2016 Sb., annual activity reports of Czech Environmental Inspectorate and demonstrates in more detail on air protection. [ABSTRACT FROM AUTHOR]

The European Green Deal includes in its scope a review of the Non-Financial Reporting Directive. A proposal of the new version of non-financial reporting - sustainability reporting - was presented by the European Commission in April 2021. The new version of non-financial reporting is to strongly emphasize the matters of environmental sustainability issues, mainly the issue of climate change. This paper describes the major changes that are included in the new proposal, while an analysis of the current legal framework is also provided. The new proposal is also examined among a wider context of measures aiming to mitigate climate change. [ABSTRACT FROM AUTHOR]

The paper deals with atypical elements in the organization of public administration in the Czech Republic. It seeks to define the essence and possible causes of organizational "atypicality" (deviations, exceptions, asymmetries) and assess its impact, not only on the functionality of public administration itself, but also on the doctrinal methodology and theory of administrative law. In addition to general considerations, the text also deals with specific examples of atypical subjects (carriers) and bodies (authorities) of public administration in the Czech Republic. [ABSTRACT FROM AUTHOR]

The emergence of Nazi ideology and the rise of Nazism represented one of the most dramatic and tragic events of modern times, the consequences of which humanity is still dealing with today. The doctrine of the superiority of the Aryan race was an integral part of Nazi doctrine and served as a "scientific" justification for German expansionism and the policy of ethnic genocide. The Nazi conception of the German nation as the chosen Aryan racial community was identified as an example of a modern political myth by Henry Tudor in the early 1970s [Tudor 1972: 16]. We will attempt to explain the rise of Aryan ideology using the concept of political myth and Blumenberg's notion of "work on myth" as the result of the long development of Western genealogical speculation, which underwent a process of secularization during the Enlightenment and once combined with stimuli coming from contemporary natural sciences, was used under the conditions of modern industrial society to "rationally" legitimize inequalities between people. A parallel development, consisting in the attempt to deny by scientific arguments the equality of human beings, despite the spread of liberal ideas inspired, among others, by the American and French Revolutions, took place in the economic sciences, where the doctrine of the British political economist Thomas Robert Malthus gained prominence at the beginning of the nineteenth century. Malthusianism, Aryan race ideology, Social Darwinism, or the eugenics movement thus had a common denominator, which Friedrich August von Hayek called the "counter-revolution of science" or Zeev Sternhell "counter-Enlightenment". [ABSTRACT FROM AUTHOR]

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The article discusses theoretical and practical issues of child care for under three-yearold children. The article looks at the issue from three perspectives which affect injustices. Firstly, in terms of every day struggles for recognition, which should have been understood as full-fledged activity with appropriate social status. Secondly, in terms of redistribution of public resources and financial reward for caring for children under the age of three. Thirdly, in terms of political injustice, which will inevitably limit people's capacity to engage in all kinds of civic and political activity. Following the Nancy Fraser's thinking, article shows that is it necessary to understand recognition and redistribution unconditionally but in the unified horizon. The structures of injustice for children under the age of three are connected and only one of these approaches is not able to solve injustice. The article brings, with the helping hands of critical methods, new perspectives, and approaches to care issues that target breaking actions of national Czech Republic norms and remove rigid social and institutional systems and policies that structure inequality on this field. [ABSTRACT FROM AUTHOR]

The principle of the state of law is undoubtedly one of the most important and essential principles for any state and democratic society. Its fullest realisation in everyday life is the best guarantee for the development of democracy as well as recognition and enforcement of citizens' fundamental rights and freedoms. To this end, the general principles of the rule of law today occupy a special place and are fixed explicitly in contemporary constitutions and democratic legislation. However, it should be borne in mind that the existence of the constitutional and legal framework is only a necessary premise for the rule of law. Equally important is the functioning of various control mechanisms for the implementation of constitutional and legal norms, and especially, the creation of a new mentality among both public officials and citizens expressed in the awareness to the needs for the implementation of these norms and in the reaction with legal and democratic means against their violation by anyone. The Balkan Peninsula represents great strategic importance, not only for the surrounding states but also for the criminal groups that interact in this region. Many Balkan states have been through and currently are in deep democratic transition and it is difficult to break away from their historical past. Although many law enforcement agencies in this region stand out for their professionalism, the impact of consecutive wars presents decisive factors for the triumph or failure of law enforcement institutions against various crimes in this European area. The last war was waged in Kosovo, which ceased in June 1999, has a significant importance in the increase of criminality in Kosovo. After 1999, due to poorly controlled borders, lack of legislation, creation of a new police, and the establishment of the justice system, many criminal groups from the field of narco-criminality took advantage of this situation by creating organized criminal networks for the purpose of trafficking narcotic substances and psychotropic substances from the country of origin, transiting through Kosovo, and continuing towards the country of destination which was in Western Europe. The current internal processes that Kosovo is facing are economic and social development, which are still far from regional and European development structures, which as a result of poverty and lack of perspective, for a significant part of Kosovan society, are resulting with a high crime rate. The geostrategic position of the Republic of Kosovo in the Balkans, as well as the created post-war conditions, enables various criminal groups to carry out organised crime activities. High levels of unemployment and poverty, high levels of corruption in state institutions, and lack of free movement outside Kosovo contribute to creating appropriate conditions for the development of criminality in general and organised crime in particular. In support of various analyses conducted during the research, is the author has noticed that the Republic of Kosovo, compared to EU countries, has a lower level of criminality, while compared to countries in the region where the criminality level is higher. [ABSTRACT FROM AUTHOR]