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Volume 12, Issue 4, December 2022

Contents



Article 1 - The advisory role of international courts in the evolution of human rights law

Abstract

Human rights have the pedigree of a distinguished struggle against oppression: everyone shall be treated with respect for their inherent dignity and human worth.3 The horrors of the Second World War provided the legal basis for the modern human rights law. The establishment of the United Nations (UN) signalled the beginning of an international concern for the protection of human rights. Human rights transnational institutions have developed human rights principles, some recognized as jus cogens norms. Nonetheless the application of human rights law in courts is almost always contested. The functions of international courts such as the International Court of Justice (ICJ) are dependant on the States volition and the settlement of disputes between them. Whenever asked by the UN organs and specialized agencies, international courts also give advisory opinions on contentious legal questions. The impact of international jurisprudence on contemporary international law is significant, assessing key areas of international law, such as law of the sea, international environment law and international human rights law. Note that, in this paper we focus on the particular impact of the advisory opinions on the human rights law.
Key-words: human rights; International Court of Justice; international courts; advisory opinions.
JEL Classification: K33, K38
DOI: 10.24818/TBJ/2022/12/4.01



Article 2 - To reach sustainable justice with Millennials: example of Ukraine

Abstract

Sustainable development became an essential part of our world since we realized the fragility and limits of our system, dangerous of resource exhaustion, and insistently looking for the way to stabilyze our life and life of our descendents, to restrict risks of collapses. Last years’ catastrophes – the pandemic of COVID-19 and the war in Ukraine, both are still existed, show us undoubtedly that we have to be more careful using our resources and develop our relations in economics and politics. In this article authors made an attempt to reconsider the approaches to understanding judiciary in Ukraine, using the new coordinates – generation born since 1980 till 1996 so called Millennials (generation Y), dictating new requests to life, and, in our opinion, to justice and judiciary development. Analysis of the impact of Millennials (generation Y) on the development of the judicial system is a complex process for a number of reasons. First, the lack of formal information about the age of the parties makes it impossible to substantiate the conclusions with empirical data. Secondly, despite some generalized traits, the characteristics of Millennials differ depending on the region and country of origin, which determines their economic, social, political, and cultural differences A striking example of this are the ex-Soviet Union’s states. In majority of these countries, Millennials have become the first generation sufficiently aware of their rights, the legal ways to protect them and the role of the court as an effective tool for such protection. Their formation was accompanied by the changes in ideology, political regime and economic instability. In this article authors argue how Millennials change the judiciary in the ex-Soviet society, taking into account the specifics of the latter. The study suggests two interrelated aspects: the impact of Millennials on the development of the court as consumers of judicial services; the impact of Millennials, who come to work in the judicial system, as judges. The article substantiates the necessity of modernization of the courts, which is associated with the high technology of this generation and its vital need for information, as well as their consumerization aimed to create more sustainability justice and to answer the request of Millennials by changes of goals, by limits of expenses and by introducing the culture of peaceful and strong institutions in judiciary.
Key-words: Millennials, Generation Y, IT, profession of judge, judicial system.

JEL Classification: K38, K40
DOI: 10.24818/TBJ/2022/12/4.02



Article 3 - The EU-China road to the Comprehensive Agreement on Investment

Abstract

For about ten years, both the European Union and China have decided to embark on a "not easy" road to reach an investment agreement. So, two different cultures, two international powers, set out to regulate the main aspects of the investment mechanism between them. The road to this agreement is perhaps the most difficult in the recent history of the field, largely because of the narrow loopholes through which the negotiating parties must pass. The only good path for the parties on this road is the public international law governing the treaties, while foreign policies should retain their position as auxiliaries with a limited role. This article aims to analyse the legal aspects of the procedure required by such a treaty, taking into account its particularities. The method used for the elaboration of this study is specific to differentiated comparison and introspection.
Key-words: investment, law, treaty, EU-China Investment agreement.
JEL Classification: F53, F59, K33, P00, P45
DOI: 10.24818/TBJ/2022/12/4.03



Article 4 - Sustainable business in the European economic area

Abstract

The European Green Deal creates a framework for sustainable business and for the implementation of new models of business and service provision. Sustainable business promoted by the European Union is determined by the enforcement of common measures in all EU member states. The paper aims to clarify a new business model, namely a sustainable business model, adopted by business companies which incorporate sustainability into the management and management systems of the company and make managerial decisions with regard to the protection of human rights and the protection of the environment. By using scientific methods such as a systematic analysis of valid legislation framework of sustainable business, a survey of factors influencing sustainable business, synthesis of acquired knowledge, and the comparison of acquired data, the authors formulated recommendations regarding sustainable business. A key aspect of sustainable business is the business environment, based on the principles of fairness, transparency, environmental sustainability, decent work and human dignity. Sustainable businesses are a benefit to the economy of each EU member state and a source of growth and employment. The benefit of the paper is to highlight of the EU activities, promoting sustainable development and the transition of economies and business companies to sustainability.
Key-words: sustainability, business, legal framework, human rights, environment.
JEL Classification: K22, K31, K33
DOI: 10.24818/TBJ/2022/12/4.04



Article 5 -Considerations on the protection of teleworkers, in light of the current European regulations. Elements of comparative law

Abstract

The proliferation of the teleworking phenomenon entails a number of aspects, such as the organization of working time or the work safety and health of teleworkers, which are not fully covered by the current legislation. This puts teleworkers at an increased risk of being treated less favorably than regular workers and implicitly calls for additional protective measures for teleworkers. Consequently, the present paper offers an overview of the main legislative documents adopted by the European Union, which concern teleworkers directly or indirectly, in order to ascertain the extent to which the current legislative standards meet the specific needs of the teleworkers. Also relevant for this aim is the comparative law analysis which demonstrates how some states of the European Union have increased their efforts to amend their legal systems, in order to eliminate the discriminatory practices detrimental to teleworkers and to enhance the protection they enjoy. The study presents the different legislative perspectives of Germany, France, Spain, Italy.
Key-words: teleworking, remote work, teleworking arrangements, non-standard work, the right to disconnect.
JEL Classification:
K31, K33
DOI: 10.24818/TBJ/2022/12/4.05



Article 6 - Considerations devoted to the Polish solution of the statutory threat of punishment for counterfeiting money or its surrogate and crimes related to such counterfeiting against the background of European solutions - de lege lata remarks and postulates de lege ferenda

Abstract

The article's purpose is to present partial research results devoted to the issue of criminal liability for counterfeit money or its surrogate and crimes related to such imitation. Partial results refer to the issue of the limits of the statutory threat of criminal punishment in various European countries. The analysis presented made it possible to distinguish the models preferred by the legislator for determining the criminal sanction for the indicated crimes. Moreover, those variants of sanctions (taking into account the lower and upper limits of the threat) that are most often used in legislative practice were indicated. The considerations led to the formulation of de lege ferenda postulates in terms of modification of the Polish Criminal Law. The research uses theoretical and dogmatic methods of analyzing the legal text of criminal statutes and the comparative law method.
Key-words:limits of sanctions, imprisonment, models of responsibility, comparative approach.
JEL Classification:
K14
DOI: 10.24818/TBJ/2022/12/4.06



Article 7 - Relationship between EU law and national law in the context of case law of judicial bodies

Abstract

The European Union requires its Member States to fulfil their commitments stemming from the membership in the EU responsibly and to assist in carrying out tasks flowing from the Treaties and to achieve the Union´s objectives in accordance with the principle of sincere cooperation. This scientific thesis points out the responsibility of Member States to fulfil their obligations in bona fide in accordance with principle pacta sunt servanda and it refers to well established case law of the Court of Justice of the EU clarifying the application primacy of EU law over national laws. At the same time it opens the discussion about decisions of constitutional courts related to the primacy of EU law in some EU Member States, in particular in Germany and Poland. This scientific thesis points out the significance of EU law in the process of further deepening of European integration and promoting rule of law values common to the EU Member States.
Key-words: law, legal order, peaceful future, case-law, rule of law.
JEL Classification:
K33, K41, F15
DOI: 10.24818/TBJ/2022/12/4.07



Article 8 - Forensic examination in cases on the protection of human rights in the sphere of healthcare in Ukraine: legal issues

Abstract

The article analyzes the features of the appointment and conduct of forensic examinations carried out in the process of protecting human rights in the healthcare sector. In this work, a system of general scientific and special methods was used to achieve the goal of the study. The content of such categories as "medical care", "forensic examination", "expert", "medical error", "medical error", "defect in the provision of medical care" is disclosed, their place in the general classification of offenses in medical activity is indicated, types of legal liability for professional offenses in the healthcare sector. The tasks, object and stages of conducting forensic examinations carried out in the process of protecting human rights in the field of healthcare have been established, problematic legal issues related to these examinations have been identified, and directions for their solution have been proposed. The stages of conducting forensic examinations carried out in the process of protecting human rights in the healthcare sector are identified, namely: (1) preparatory; (2) organizational; (3) main; (4) the final. It is concluded that the forensic examination carried out in the process of protecting human rights in the healthcare sector is an effective procedural technique for proving professional offenses of medical workers.
Key-words: protection of human rights, healthcare, forensic medical examinations, forensic medical expert, expert opinion, special knowledge, legal regulation.
JEL Classification: K14, K24
DOI: 10.24818/TBJ/2022/12/4.08

 

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