Journal articles on the topic 'Civil rights – czech republic – digests'

The reaction of the Belarusian authorities to the August 2020 demonstrations, drew strong condemnation from the Czech Republic. The article analyzes the reasons for such close attention of the Czech officials to the Belarusian problems. The historical context of the Czech Republic’s support for the Belarusian opposition is outlined; revealed the human rights and value aspects of the foreign policy of Prague, where support for democracy and human rights is an integral feature of Czech diplomacy at its present stage of development. The author examines the «Program of Transformational Cooperation» of the Czech Ministry of Foreign Affairs. He comes to the conclusion that the Belarusian direction has always been among the priorities and has not disappeared from the agenda. However, the stability of the Belarusian regime led to the fact that the Czechs began to contribute to the development of democracy in other countries, where its «implantation» was more real.

Research background: Donors provide development aid from various reasons: while some of them might give aid based on the recipient´s needs, some countries pursue their own agendas with their development programmes. Visegrad Group countries are mostly considered as egoistic donors that try to support security in the East European region and promote their trade. Purpose of the article: This article draws back on the existing literature that focused on the motives behind the Czech development aid and examines influence of both egoistic and altruistic variables to determine which of these variables are important for the selection of countries to the aid portfolio and the allocation of aid funds. The researched variables are: number of asylum seekers, debt to the Czech Republic, Czech exports, unemployment in the developing countries, political and civil rights, and enrolment to the secondary education. Methods: Probit-tobit analysis and a generalized linear model are employed in this paper. Findings & Value added: The results suggest that egoistic economic motives (debt and Czech exports) are important factors for both country selection and aid allocation, while the number of asylum seekers affects only the aid allocation. As per the altruistic reasons, the country selection depends on the unemployment rates, political and civil rights and the enrolment to secondary education. The aid allocation depends also on the unemployment rates, political and civil rights, and the ratio of girls enrolled to the secondary education.

The Saunders v Vautier principle is one of the most fundamental principles of English trust law. Several scholars have addressed the prudence of civil law countries incorporating this principle when adopting trust-like instruments. More importantly for the Czech Republic, some remarks on this issue have been made in Québec - the jurisdiction which, to an extent, served as an inspiration for the Czech legislator when drafting the Czech trust-like instrument. Unfortunately, the debate on the topic is almost non-existent in the Czech Republic. This article discusses whether, as a result of the principle of Saunders v Vautier, the beneficiaries of the Czech trust-like instrument have similar rights to those of the beneficiaries of the English trust. It is suggested that it is not only civil law countries, but also some common law countries, that do not fully respect this principle. Therefore, there clearly exists a diversity of opinion regarding the question of whether beneficiaries should or should not have rights that prevail over the intentions of the settlor. This article focuses on supporting this principle and, in this light, puts forward a number of justifications for its incorporation.

Abstract For more than two decades the family business enterprises of the first generation (generation of founders) are more and more dominating in the category of today’s small and medium–sized enterprises in the Czech Republic. The necessary legal background defining the legal relationships and rights of all participating persons was, however, limited to general provisions in the Commercial Code that has not solved many of the problems associated thereto. Only in 2012 the new Czech Civil Code, Act. No 89/2012 Coll., introduced the institute of family enterprise as completely new term in the Czech Civil law. The presented paper aims to analyse the key rules of this new legal regulation, focusing on significant aspects of the institute in the context of commercial law and family law, as well as, to highlight the potential weaknesses and gaps existing in the regulation.

The article aims to analyse the issue of the deadline for examining an application for security in Czech and Polish civil proceedings. The comparative law method was used in the work. The publication compares normative solutions regarding the deadline for examining an application for security in the Czech Republic and Poland. The article presents an analysis of special solutions used by the legislator in selected cases where it is necessary to schedule a hearing or accelerate the consideration of an application for security. The issue of the consequences of considering an application for security in violation of the deadline set by the legislator is raised. The research conducted allowed the following conclusions to be drawn. In both Polish and Czech civil proceedings, security proceedings are an independent part of the proceedings, separated from enforcement proceedings. In both legal systems, the deadline for examining an application for security is advisory, and exceeding it does not result in any sanctions. In Czech civil proceedings, applications for security are not examined at a hearing, while according to Polish regulations it is obligatory in some cases. In the Czech Republic, there are two types of special security measures for the immediate protection of children and against domestic violence. Polish legislation seems to be more flexible and better protects the procedural rights of the parties than the Czech Code of Civil Procedure. The presented analysis may contribute to the discussion on possible changes in the provisions of civil procedural law in Poland and the Czech Republic.

The article attempts to outline the main challenges faced by the Czech Republic in domestic and foreign policy. The author notes that the main threat within the country lies in the propensity of some part of the establishment to abuse of office. However, there are effective tools to counter these trends in the form of a developed system of democratic institutions and civil society. In foreign policy, a value-based approach has recently become widespread, which often damages the interests of the state and distorts the real picture of dangers. The author notes that the local political community is in a state of «Czech-Czech war», implying a confrontation between two groups of elites: pragmatists-technocrats and human rights defenders-liberals. These trends have become especially widespread since the beginning of the coronavirus pandemic, which has accelerated the development of international processes.

Although the persons of Roma ethnicity who were deprived of the Czech citizenship upon the split of the Czech and Slovak Federation by controversial law No. 40/1993 were not in the end left stateless, the Commission can be reproached for not using the influential position it enjoyed in the course of the pre-accession process preceding the fifth enlargement of the European Union (1 May 2004) in order to insist that the Czech Republic alter its ethnically-biased citizenship policy. Although some steps in this direction were taken by the Commission, they fell short of addressing the whole range of discriminatory provisions of this Czech legislation preventing the former Czecho-Slovak citizens of Roma ethnicity from becoming citizens of the Czech Republic. In Addition to the overall ineffectiveness of its pre-accession promotion of equal access to Czech citizenship of all permanent residents of the Czech Republic their ethnic origin notwithstanding, the Commission made a controversial decision to treat the exclusion from citizenship which was de facto based on ethnicity as a ‘civil and political’ rights issue, rather than a minority rights issue. This dubious decision, allowed the Commission to distinguish its pre-accession involvement in the reforms in the Czech Republic on the one hand, and in Latvia and Estonia on the other, where the exclusion of ethnic minorities from the access to citizenship was regarded as a key issue pertaining to the protection of minority rights. The ill-articulated position of the Commission is due, this paper suggests, mainly to the limitations on the EU’s involvement in the Member States’ citizenship domain and de facto comes down to the application of different pre-accession standards to different minority groups in the candidate countries. To ensure genuine protection of ethnic minorities in the Member States-to-be, the EU has to alter its approach to the issues of ethnicity-based exclusion from citizenship in the course of the future expansions of the Union.

This article is devoted to analysis of the pledge law regulation in the Civil Code of the Czech Republic. The Civil Code was adopted within a private law reform. The author addresses the fact of renouncing dualistic system of private law. The notion of pledge in Czech law is discussed. The article places special emphasis on the evaluation of the pledge agreement’s position in the pledge relationships together with correlation of the contract and law’s state in course of pledge agreement negotiation. Requirements to the form of contract and its content depending on a pledged assets are esteemed. The article also includes comment on the Czech law approach to the registration of the pledge titles and security interests. The articles of the newly adopted Civil Code are compared with prior legal regulation in the Czech Republic. The author focuses on characteristics of special types of pledge such as pledge of shares, securities, account of paperless securities’ owner, rights in action and special property. The procedure for levying execution is examined in the article in combination of analysis of the role of parties’ declaration of intent in a process of selection of assets disposal method. There are such methods as public sale and enforced sale. Both methods’ procedures are regulated by special laws. The article gives priority of claims in case of asset disposal which is stipulated by the Civil Code.

For more than two decades the family business enterprises of the first generation (generation of founders) are more and more dominating in the category of today’s Small and Medium-sized Enterprises in the Czech Republic. The necessary legal background defining the legal relationships and rights of all participating persons was, however, limited to general provisions in the Commercial Code that hasn’t solved many of the problems associated thereto. Only in 2012 the new Czech Civil Code, Act. No 89/2012 Coll., introduced the institute of family enterprise as completely new term in the Czech Civil law. The present paper aims to analyse the key rules of this new legal regulation, focusing on significant aspects of the institute in the context of commercial law and family law, as well as to highlight the potential weaknesses in the regulation itself.

Secret services are responsible for the system of classified information protection in Poland. In the Czech Republic and Slovakia, civil central offices operating outside the special services system have been established to perform activities in this area. Institutions dealing with the protection of classified information in the Polish political and constitutional system are mainly supervised by the executive power — the prime minister, while in the Czech Republic and Slovakia the main control factor in the system are special parliamentary committees. The protection of the rights of persons whose data are processed as part of various types of proceedings conducted by such bodies is guaranteed in all analyzed political systems by courts. In Slovakia, it is the Supreme Court. In practice, the Czech Republic and Slovakia have abandoned the separate certification system for the structures of the Ministry of National Defense. In Poland, the separation of proceedings concerning the military sphere was maintained — they are still conducted by one of the special services, Military Counterintelligence Service.

In August 2021, a law took effect in the Czech Republic to compensate people who had been sterilized on Czech territory without their informed consent between 1966 and 2012. This report, authored by an activist and ally who has assisted Romani women with advocating for compensation since 2004, will summarize the issue and describe the current state of the compensation process. Efforts to end these human rights violations have been underway almost since these practices were first reported in the 1970s in the former Czechoslovakia, and these recent developments represent an important breakthrough for civil society, enforcement of human rights, and Romani people. The compensation process opened on 1 January 2022 and will close on 1 January 2025; this report will review its strengths and weaknesses to date.

The organization of assemblies in the Republic of Poland and in the Czech Republic is an increasingly common occurrence in public life. The freedom of peaceful assembly enables their participants to express their views, which in a democratic state under the rule of law is a desired expression of the constitutional rights and freedoms of individuals. Therefore the course of gatherings should be safe not only for its participants, but also for the attendees. The organizer, law enforcement and police officers are responsible for the safe conduct of the assembly. On the other hand, technical and logistical considerations are also important for the security of assemblies. The pandemic currently experienced by the majority of societies not only in Europe, but also on other continents, makes a significant impact on the sphere of law and civil liberties, including the right to organize assemblies. This paper addresses the issue of security of assemblies in Poland and the Czech Republic from the point of view of administrative solutions implemented during the COVID-19 pandemic. This paper constitutes the result of team research conducted as part of a scientific internship by the Authors in Fakulta bezpečnostního inženýrství, Bezpečnostních služeb – Vysoká škola báňská – Technická univerzita Ostrava in the Czech Republic.

The Civil Code in the Czech Republic unified the legal regulation of contract law and removed dualism in this regulation. A work contract is a contract type in which intangible items are also the result of it. The Civil Code of the Czech Republic also enshrines special provisions for an intangible work. It points out the different types of intangible items that can be created or used in connection with a work contract. The author discusses the enacted legislation and points out other provisions that need to be applied to work contracts with intangible result. It analyzes the legal regime of contracts which result in copyrighted works, while also pointing out the copyright regulation of employee works, and separately analyzes work contracts whose subject matter is protected by industrial property law. It also points out the liability of the contractor towards the customer, regarding the delivered work as an intangible result, if the rights of third parties were violated.

How can we explain variation in the organization of LGBT activism in postcommunist Europe, both across countries and over time? Much of the extant scholarship has analyzed the comparative politics of homosexuality in the region in terms of transnational norm diffusion occurring within the context of EU accession and integration. Thus, it emphasizes the empowerment of domestic gay rights groups either through maximizing the leverage of their external allies or through increasing their linkage with transnational advocacy networks. This paper argues that the effectiveness of these diffusion mechanisms is strongly constrained by the collective action problems faced by gay rights activists in societies with a legacy of civil society underdevelopment, such as in postcommunist Europe. We argue that hard-right backlash is a critical domestic factor that can help overcome these collective action problems, enabling gay rights activists to find resonant frames, build internal solidarity, and win allies—even when social movement resources are minimal. The research focuses on a close comparison of Poland and the Czech Republic since 1989 and draws on field interviews and original sources to process-trace the resonance of LGBT rights frames and how activism is organized. By building organizationally robust activism, postcommunist gay rights movements lay claim to full membership in the political community, exercise civil rights as LGBT citizens (not merely as private ones), and expand the sphere of “sexual citizenship.”

The article represents the history, emergence and the contemporary state of development of the legal doctrine of the patient’s informed consent to medical interventions in Czech Republic, Austria and the Latvian Republic. The authors focus on the vaults of the doctrine of the doctor’s obligation to abstain from conducting any medical interventions without the consent, or against the will of the patient, since the expression of the patient’s will is the central element of his right to self-determination. In order to discover the main features of informed consent in the civil law perspective, the authors discuss the historical and current legal developments of the legal institute of patient’s informed consent. The authors conclude that the formation of the institute owes to the right to body integrity and limitation of the exercise of medical profession by practitioners, and that the civil law doctrine of informed consent differs from Anglo-American tort law, relying on statutory-based civil liability for negligence, as well as minor penal liability for battery, an occasional interpretation of unauthorized medical intervention. The authors emphasize, that the existing bodies of Austrian, Czech and Latvian case law relating to informed consent, which span for over a century, are sufficient to become a branch of Continental medical malpractice case law alongside with aged and well-developed French or Belgian medical jurisprudence, whereas the Latvian medical jurisprudence, despite having a rich history of emergence since the 1920s, has developed a solid body of case law in regard with patient’s rights relatively recently.

In the Czech Republic, the autonomy of churches is constitutionally guaranteed in a rather broad manner. The constitutional and legal basis for Church autonomy lies in the Charter of Fundamental Rights and Freedoms, which is part of the Czech constitutional order. It represents both an objective institutional guarantee (religious neutrality of the state) and the subjective right of religious communities to independence from the state and self-governance of their own affairs (the right to self-determination). Compared to other domains of the said autonomy, the staffing of churches is a relatively frequent subject of theoretical reflection and decision-making on the part of Czech courts. The Constitutional Court of the Czech Republic had to express its opinion on some problematic cases, in particular, the limits of Church autonomy. The case of Duda and Dudová is an example of a conflict between civil rights and the autonomy of churches in the modern Czech history. It started with Duda and Dudová’s dismissal from the pastoral ministry in the Czechoslovak Hussite Church in 1993, and the last (so far) decision related to this case was issued by the Constitutional Court in 2021. This article discusses the long and tortuous journey through the Czech judiciary system, which Duda, Dudová, and the Czechoslovak Hussite Church had to go through in order to clarify consequences of church autonomy. A particular deviation in the Supreme Court’s decision-making played an interesting role in this process. However, it was the Constitutional Court, which acted as the guardian of constitutional values (including the internal autonomy of churches), that placed this anomaly in the decision-making of the Supreme Court and, subsequently, general courts back within constitutional limits.

Czech family law has recently been re-codified as part of the new Civil Code. The intention of its main drafters was to build on the values and traditions of Christian-Jewish culture in the Czech Republic and to enrich Czech family law with a new dimension, especially in relation to international human rights conventions and developments in the field of human rights in general. Some sections have also been significantly influenced by the Principles of European Family Law (PEFL) developed by the Commission on European Family Law (CEFL) aiming at ‘better law’ and the harmonization of family law systems in Europe. It was stressed that the Principles of European Family Law regarding Divorce and Maintenance Between Former Spouses, the Principles of European Family Law regarding Parental Responsibilities and the Principles of European Family Law regarding Property Relations Between Spouses were published during the time of recodification of the new Civil Code and took into consideration. However, the Principles of European Family Law regarding the Property, Maintenance and Succession Rights and Duties of Couples in de facto Unions were published later. It is unclear whether the concept of unmarried cohabitation will be a challenge for Czech legislators. One can agree with the view that the new private law code should, in principle, cover all private law matters, including family law, as is customary in countries with comparable legal environments. And finally, the article was focused on the pending drafts, as developments in this area are not over, as further changes are on the way.

The article is devoted to the study of the mechanism of lustration in the Czech Republic. To this end, the relevant legislation was analyzed, which imposed restrictions on access to positions for certain categories of persons due to their behavior during the totalitarian regime. Particular attention was paid to the analysis of the decision of the Constitutional Court of the Czech Republic, which resolved the issue of constitutionality of lustration laws. It was emphasized that the Constitutional Court recognized the nature of lustration as the exclusion of citizens from access to public office, which is carried out directly on the basis of formal, categorical criteria, and not by individual conviction of persons according to the criteria established by law. principles. Each state has the right to determine the conditions of access to participation in governance, and one such condition is loyalty to democracy. At the same time, no person is restricted in access to a political function (deputies, senators). Lustration laws do not establish guilt and punishment. Instead, the implementation of lustration procedures is subject to judicial review. The new generation of politicians and civil servants (with a relatively young middle age) did not know the experience of the previous system, were guided by other values and this could not but affect the intensity of the reform. The political elite has consolidated around public policy priorities based on European values. In addition, lustration legislation has solved another problem - the protection of the rights of those concerned. It is concluded that the application of lustration legislation in the Czech Republic has had an undeniable impact on the direction, sequence and pace of systemic reforms. In addition, lustration legislation has solved another problem - the protection of the rights of those concerned. These individuals were protected from the misuse of archival material against them.

Abstract This article explores the challenges faced by employees in the Czech Republic when seeking legal redress in cases of discrimination and unfair dismissal. It emphasizes the importance of accessible legal recourse as a means to rectify individual grievances and reinforce equitable employment practices. In the context of discrimination, the article discusses challenges such as low awareness of anti-discrimination rights and the ancillary nature of sanctions. Recommendations include aligning the Anti-Discrimination Act with the Civil Code, empowering NGOs or the Ombudsman to initiate lawsuits in the public interest, and raising awareness among potential victims. In the section on unfair dismissal, the article outlines the complex process involved in disputing terminations from an employee’s perspective. It discusses obstacles such as complex, costly, and lengthy legal procedures and the requirement for reinstatement. These challenges contribute to the low number of employment lawsuits in the Czech Republic. Recommendations for improvement include enhancing the visibility of court actions, providing free or subsidized legal advice, shifting the focus of lawsuits towards monetary compensation, promoting mediation, and expediting proceedings. The article identifies common challenges in discrimination and unfair dismissal cases in the Czech Republic, highlighting the need for reforms to improve access to justice, reduce financial barriers, expedite legal proceedings, and enhance the dissuasive impact of remedies. These reforms are seen as essential for creating a fair and equitable workplace environment for all employees in the country.

The article is devoted to the study and analysis of such areas of civil law as non-contractual structures, within the inheritance law of individual European Union countries, the emergence, development and implementation of such structures in regulations governing the inheritance procedures of countries such as Poland, Czech Republic, Republic of Lithuania and the Republic of Latvia. The purpose of the study in the monograph is a comprehensive analysis of the nature and specifics of legal and doctrinal bases of regulation and practice of non-contractual constructions in the inheritance law of individual EU countries (Poland, Czech Republic, Lithuania, and Latvia). As a result of the study the concept of non-contractual constructions of inheritance law is formed in the work. The types of non-contractual constructions, first of all their dialectical classification, architecture and place in the system of inheritance law are singled out and analyzed. An analysis of their identification and separation in different states, depending on the legal family, traces the integrity of the fundamental structure of knowledge about the obligatory rights of the testator within the will, heirs and beneficiaries in their biocentric expression and in the context of social ties. Emphasis is placed on rethinking and solving some problems in inheritance law, from the point of view of new world realities.

Mainly thanks to the United Nations Convention on the Rights of the Child, its philosophy, ideas and principles, the Czech legal order was changed in early ´90 and later on, in connection with the Civil Code in 2012. The child is no longer conceived as a passive object of his or her parents´ activities, their parental responsibility, but as an active subject with legally guaranteed rights. However, not only ‘law in books’ is relevant. There is still ‘bad practice’ connected with anonymous or hidden child delivery, abandoning new born children in ‘baby-boxes’ and older children in institutional care, although the state has attempted remedies. Besides, the number of divorces has increased in the Czech Republic over the last couple of decades, while in the last few years there are more marriages, and the divorce rate is no longer so alarming. However, the statistics reveal that minor children have not been an ‘obstacle’ to a ‘radical termination’ of the matrimonial bond. The article aims at finding an answer to the question whether abandoning an unregistered child or applying for hidden identity by his or her mother makes the ‘way’ of the child to a substitute family by adoption easier. Further, an attention is paid to surrogate motherhood. These topics are linked to the right of the child to know his or her origin. As the harmony between biological, social and legal parentage and the model of ‘continuing’ parenting are values, the well-balanced rights and duties of both the child parents and the best interest of the child are stressed. The final words are focused on alternative measures and interdisciplinary collaboration, besides public law instruments.

Abstract The Czech Republic has been dealing for the last four years with a legal revolution in the field of private law. A new Civil Code was adopted in 2012 and many new and forgotten legal figures were restored in the text of the code. An interesting example of forgotten legal figures is the superficiary right of building, which has again entered the legal order of the Czech Republic after a long one hundred years. Unlike the Act on the Superficiary Right of Building of 1912, the new Civil Code extends the scope of persons that may create the superficiary right of building to their land. This should eliminate the obstacle that has substantially limited its wider use. The superficiary right of building is not likely to become a legal concept very frequently seen in public registers. The aim of this paper is, therefore, a reflection on divided ownership and the purpose and genesis of the superficiary right of building in relation to its origins, as well as a prediction of future developments of this legal concept in the real estate market. To analyse the concept, the paper employs formal and legal methods (logical, grammatical and historical method). A comparative study is conducted in the spirit of the comparative method. The superficiary right of building is a suitable complement to the range of options of property rights offered by the new Civil Code. The author concludes that the use of the superficiary right of building, although not limited in comparison with the 1912 Act, will likely be less frequent and focused on longer-term projects.

Abstract The article focuses on the principle of foreseeability of judicial decisions in civil court proceedings, as one of the components of the right to a fair trial in the Czech Republic. The principle of foreseeability of judicial decisions has to be understood as a general term including several requirements on judicial process in civil court proceedings the purpose of which is to avoid surprising decisions which can be seen as one of possible forms of violation of the right to a fair trial. Predictable decision is a decision that follows from a predictable procedure of the court in which the court proceeds strictly according to procedure code using all of the special institutions such as the duty to instruct the participants concerning their procedural rights and duties. The second requirement is to respect the legitimate expectations of the parties regarding the application of law on their case. Participants have the right to expect that their case will be decided accordingly to a legal opinion expressed in a case already decided before the courts. This aspect of the foreseeability of judicial decisions then puts high demands on the ability of courts to deal with situations in which they decide a case differently from the existing case law and thus the decision may be surprising for the participants. This article concentrates on the legal regulation of the principle of foreseeability of judicial decisions on the level of constitutional and civil procedural law. The article also deals with the legal regulation in this area in the Slovak Republic and Germany. The purpose of the article is to compare the legislation on national and international level as well as to compare Czech, German and Slovak legal regulation of the principle of foreseeability of judicial decisions.

According to the new Civil Code, adopted in the Czech Republic in 2012 (“2012 Civil Code”), ‘strict liability’ (or ‘no-fault liability’) is no longer considered ‘liability’ in the traditional sense of the term. The declared concept of the Civil Code is based on the premise that the notion of ‘liability’ should be limited only to cases where a person can be held liable based on their culpability (fault). All other cases, denoted by the doctrine as the opposite to ‘fault-based liability’ (or more accurately, liability based on culpable conduct), that is, ‘no-fault’ or ‘strict’ liability, are – in actual fact – no longer conceived or designated by the Civil Code as ‘liability’ (in Czech: odpovědnost). They are rather constructed as a legal duty to compensate harm. This begs the question whether unlawfulness can be considered a prerequisite for the duty to compensate harm. The authors argue that the answer to this question depends on what the unlawfulness relates to – whether an unlawful act or an unlawful state of affairs. Their argument builds on the premise that unlawful acts are linked to an individual’s conduct, where both the reason and the will of the individual are present and, as a result, such unlawful acts are based on the individual’s culpability (fault). On the other hand, what is typical of an unlawful state of affairs is that the law has been violated, not because someone acted contrary to it, but rather because the rights of the aggrieved party were infringed. The authors conclude that an unlawful state of affairs is a general legal fact which covers all cases of ‘strict’ (or ‘no-fault’) liability and even a breach of contractual obligations. The authors develop their premise not only within Czech law, but also through comparison with other jurisdictions (France, Germany, and Austria), and analyze the potential of and limits to such approach.

The article deals with the issue of debts of minor children. It builds on the first part of the study, which analysed the current legal regulation of the legal capacity of minors, the administration of their assets and liabilities by legal representatives within the framework of parental responsibility and the maintenance and support duty of parents to children, and identified six problematic types of debts incurred by minors. Requesting that a child seek compensation for damage from parents who breached the duty of due managerial care in administration of the child’s assets and liabilities appears to be problematic from the practical and above all ethical point of view. This is all the more so because the root cause of the problem (the child becomes aware of the debt as an adult) is not in the Civil Code, but in the lack of effective protection of the rights of minors in the civil proceedings. This is the principal direction in which the considerations of possible changes to current legislation should be driven/focused.

In the scientific article, the author conducted a scientific study of the foreign experience of legal regulation of contractual relations between mother, father, and child, including under the legislation of the European Union states. Based on the conducted research, the author concluded that the legal regulation of the conclusion of contracts between the mother, father, and child under the legislation of the European Union states is mainly carried out through the determination of the possibility of concluding contracts, without clarifying the provisions on their form and essential conditions. In particular, the possibility of concluding a "statement on the exercise of parental rights" ("agreement of parents on establishing the procedure for the exercise of parental rights and determining contributions for the maintenance and upbringing of a child") under French civil law is defined in this way; "agreements on the method of providing maintenance" and "applications for acceptance of parental care" under German civil law; relevant agreements under the legislation of Latvia (agreement of parents: on determining the child's surname, cancellation of adoption, on establishing joint or separate parental care of the child, on establishing the terms of communication with the child of the parent who lives separately), Estonia (agreement on the fulfillment of the obligation parents regarding child maintenance), Czech Republic (agreements: on establishing paternity, on exercising mutual parental rights and responsibilities, on establishing the terms of communication with the child of the parent who lives separately from the child, on managing the child's property, on exercising parental rights and responsibilities after divorce, about the payment of alimony), Poland ("declaration of the spouses about the child's surname", "agreement on how to exercise parental responsibility and maintain contact with the child, in accordance with the best interests of the child"), "agreement on the rules for determining contact between parents and children"), Bulgaria (agreement on the place of residence of children, parentage, personal relationships, etc child support). The legislation of these countries (except Bulgaria) limits the possibility of regulating relations between parents and children by a marriage contract; Czech and Polish legislation also allows the conclusion of alimony contracts regarding the maintenance of children of their incapacitated parents. Hungarian civil and Moldovan family legislation more broadly define the essential conditions and form of contracts between parents and children, primarily regarding the contract on providing maintenance to a participant in family relations and the contract on communication with the child. In the author's opinion, the experience of these states should be borrowed, and the same detailed regulation provided for in the Family Code of Ukraine.

Abstract A condition which determines the location of technical infrastructure is an entrepreneur holding the right to use the property for construction purposes. Currently, there are parallel separate legal forms allowing the use of a real property for the purpose of locating transmission lines, i.e. transmission easement (right-of-way) established under the civil law and expropriation by limiting the rights to a property under the administrative law. The aim of the study is to compare these forms conferring the right to use real properties and to analyze the related surveying and legal problems occurring in practice. The research thesis of the article is ascertainment that the current legal provisions for establishing legal titles to a property in order to locate transmission lines need to be amended. The conducted study regarded legal conditions, extent of expropriation and granting right-of-way in the city of Krakow, as well as the problems associated with the ambiguous wording of the legal regulations. Part of the research was devoted to the form of rights to land in order to carry out similar projects in some European countries (France, Czech Republic, Germany, Sweden). The justification for the analysis of these issues is dictated by the scale of practical use of the aforementioned forms of rights to land in order to locate technical infrastructure. Over the period of 2011-2014, 651 agreements were concluded on granting transmission right-of-way for 967 cadastral parcels owned by the city of Krakow, and 105 expropriation decisions were issued, limiting the use of real properties in Krakow.

Keywords: intellectual property law, codification, legislation, civil law, systematizationof intellectual property law The scientific article is devoted to some issues ofsystematization of intellectual property rights. The study focuses on existing foreignlegal models of intellectual property regulation (Belgium, Bulgaria, Czech Republic,Poland, Hungary, Germany). Based on which it is concluded that the latest foreign, inparticular European, legislative trends convincingly demonstrate the feasibility of codification of intellectual property law. This approach helps to optimize the relevantlegal regulation. In addition, the article focuses on existing scientific doctrinal approachesto the need to introduce into Ukrainian legislation a special codified act inthe field of intellectual property law. Based on the results of such analysis, the positionon the introduction of such a normative document into national legislation is supported.It is emphasized that this will eliminate regulatory inconsistencies, developcommon legal approaches to the regulation of intellectual property. Another positiveaspect of codification is that the latter allows to exclude from the legal framework asignificant number of by-laws, including obsolete ones. Which will ultimately improvethe quality of regulation and is in line with the principle of legal certainty, which isone of the generally recognized in the European legal area. The author emphasizesthat the codification should be carried out considering the Ukrainian and advancedWestern, in particular European, judicial and law enforcement practices on intellectualproperty. At the same time, it is pointed out that one of the current directions ofsystematization of intellectual property legislation is the detailed regulation of legalrelations arising in the digital sphere, as this position is consistent with current andfuture trends in the significant role of IT in private law. In this regard, there is a needto develop new special methods and special procedures for the protection of infringedintellectual property rights, considering the manufacturability of relations concerningintellectual property. This should be enshrined in a separate section/chapter of the futurecodified act.

The development of modern democratic states and their understanding in its focus is increasingly shifting from the plane of events to the subjects of events. This leads to a dependence of state-building events on various anthropocentric factors: knowledge, skills, experience or interests. Such elements influence and determine the directions of development of the whole state organization and its functioning. The constitutional basis for the application of the human factor itself, the legal basis for the exercise of the discretion of civil servants in the exercise of their functions and powers is the important question in context of this research. This article uses two areas of review to address these issues. On the one hand, it is an analysis of the empirical facts of the application of anthropocentric factor in the states-making processes of the countries of Central and Eastern Europe (France, Czech Republic and Poland) on the basis of such criteria as experience, decisions, veto rights, speeches (reports and appeals), personal voting, as well as personality and activity criteria. On the other hand, it is a study of the connection between these empirical facts and constitutional norms that make the realization of the knowledge, skills and experience of a person possible at the legal level of basic law. The complex approach of the research with its result will allow to distinguish the norms that are anthropocentric in their nature, that is, they provide a certain element of freedom of human potential in the exercise of function and powers in state-making processes. This approach also allows to expand the facets of modern constitutionalism. Combining the achievements of the various sciences and using them in constitutional law, the latter acquires a new tool for improving the legal technique of constitutional norms, content and quality component. The anthropocentric approach in constitutional law contributes to addressing legislative gaps on the deeper foundations of constitutional capacity, creates the ground for new ways of regulating certain public-power relations in the future, and also meets the requirements of modern society and the tendencies of the element of the human factor.

In the scientific article, the author conducted a scientific study of the foreign experience of legal regulation of the adoption of children by foreigners, primarily according to the legislation of the European Union states and states adjacent to Ukraine. Based on the conducted research, the author came to the conclusion that in the practice of states adjacent to Ukraine and states members of the European Union, there are three approaches to determining the procedure for adopting children by foreign citizens: through the definition of a national regime for foreigners, similar to that which exists for citizens of the relevant state (Latvia); through the determination of conflicts of laws with respect to the law applicable to adoption, which are defined in civil codes (Germany, France, Czech Republic) or separate laws on international private law (Spain, Switzerland); due to the establishment of a separate procedure for adoption (Bulgaria, Belarus, Moldova, Ireland) or an exceptional case of adoption of a child by foreigners using the same procedure for adoption, as with national adoption (Poland, Hungary). In the latter case, the possibility of international adoption is provided, if the child, after being transferred to a foster family, was not adopted in the state of his/her citizenship, because the measures taken to adopt the child were not successful, moreover, in Poland, exceptions to this rule are provided when there is a kinship relationship between the adopter and the adopted child or if the adopter has already adopted a brother or sister of the child being adopted. In the Republic of Bulgaria, foreigners wishing to adopt a child must obtain a permit for international adoption from the Minister of Justice, in the Republic of Belarus - in addition to the written permission for adoption from the Minister of Education, it is also necessary to obtain the child's consent for adoption, the child's stay in the relevant register for a year and the absence of an initiative by citizens of Belarus to adopt a child. In the case of international adoption of citizens of the Republic of Moldova, the ethnic origin of the child, his/her belonging to a certain culture, religion, language and other features that deserve attention must be taken into account; persons wishing to adopt a child must submit a special application - for international adoption, to the Ministry of Health, of Labor and Social Protection of the Republic of Moldova and the Department of Social Security and Protection of Family Rights as territorial guardianship bodies carry out preliminary and final selection of foreigners who wish to adopt a child who is a citizen of the Republic of Moldova.

The relevance of the research topic is justified by the growing number of cases of domestic violence in the period of lockdown restrictions during the COVID-19 pandemic introduced by governments around the world. These include: lockdown, restrictions on social contacts and mobility. They aim at slowing down the spread of COVID-19. Financial insecurity, increased stress due to changes in typical daily behavior and social isolation, possibility of perpetrators to control their victims in everyday life during long period of time have resulted in increased level of aggression and growing number of cases of domestic violence. The international community recognizes domestic violence as one of the most common violations of human rights and freedoms of women, men, the elderly persons, children. Almost everywhere in the world, governmental agencies and various civil society organizations consolidate their effort in order to address this problem, emphasizing its concealment and complexity, as well as gaps in legislation framework regulating prevention and combating such violations. This article analyzes the best international practices of addressing domestic violence during the pandemic, as study of these practices can be useful to Ukrainian society for developing its own programs to combat domestic violence in the context of the COVID-19 pandemic. Due to specific objectives of the research, a theoretical analysis of the scientific literature and foreign Internet sources was conducted to find out specific measures taken in different countries to address domestic violence during the COVID-19 pandemic. We analyzed practices of combating domestic violence in Canada, Sweden, the Czech Republic, Moldova, and Belarus and identified key actions taken by governments and leading civil society organizations in these countries. The selected practices encourage critical assessment, deeper study and consideration of implementing the best of them in Ukraine.

The paper thoroughly examines the ideological essence, political goals, structure, electoral achievements and international protest activities of the Pirate Movement, consisting of national Pirate Parties worldwide and the Pirate Parties International. The Pirate ideology arose in mid-2000s in response to information society biases, and is paying special attention to the freedom of non-commercial information exchange in the Internet, individual privacy, transparency of state politics and direct citizens' involvement with flexible Internet-tools (Liquid Democracy concept). This relatively new political force has made a vivid progress in electoral field within a short time (since 2006 till present). The representatives of the most successful Pirate Parties (in Germany, Austria, Czech Republic, the Netherlands, Switzerland, France, Spain, Croatia and Iceland) hold deputy's seats in municipal, regional, national and supranational state agencies, including the European Parliament. In many other countries of the world the "Pirates" are also registered officially and participate in elections; in some countries the Pirate Parties are active, though not yet registered. Except for electoral activity, the Pirate Parties organize joint protest campaigns against national laws/state programs and international agreements that violate the information freedom and civil rights (i.e. PRISM, ACTA). These campaigns also serve for unification and growth of the international Pirate Movement. The Pirate Parties have quickly transformed from populist groups into a political force aspiring to equitable participation in political process along with traditional political parties, challenging them in a certain way. The Pirate ideology will be in demand as long as it will give a resultative solution for specific problems of a post-industrial society in the context of democracy.

The article considers foreign experience in organizing the activities of law enforcement agencies. It is determined that the field of law enforcement is constantly in a state of dynamic transformation and improvement, which to some extent reflects the direction of national legislation and policies. It is also noted that according to modern requirements, maintaining the rule of law is one of the most important tasks of the state, so in organizing the work of law enforcement agencies, the implementation of international experience is one of the most important tasks of the rule of law. One of the current trends in the development of the legal system is its openness, which determines the possibility of using advanced foreign concepts to implement universally recognized international principles, norms and standards of human and civil rights and freedoms.It is emphasized that the following facts should be taken into account: historical traditions of legislation and law enforcement, features of socio-economic and cultural development of countries, general cultural and legal consciousness of the population, degree of interaction with government and civil society, features of national police, logistics. providing police and other important factors. International law enforcement standards have an important role to play in policing.It was found that abroad, as in Ukraine, law enforcement reform is part of administrative reform, and the direction of its implementation often depends on the overall objectives of public administration reform. The purpose of most reforms in foreign countries is to: increase the efficiency of national systems; transforming the country into a responsible employer capable of attracting a sufficient number of workers with the necessary qualifications, controlling the cost of their maintenance; increasing the confidence of the private sector and citizens in public institutions.Three models of internal security in European countries are considered: centralized or continental model (Norway, Denmark, Finland, Ireland, Sweden, Spain, Portugal, Italy, France, Belgium, Holland, Luxembourg), decentralized model (Czech Republic, Bulgaria, Romania, Combino) (integrated) model (UK, Germany, Netherlands).

The article explores the constitutional practice of normative regulation of the right to freedom of thought and religion, enshrined in Art. 35 of the Constitution of Ukraine and in similar norms of the constitutions of the states of continental Europe. The necessity to state the stated norm in the new version is substantiated. It is determined that the right to freedom of worldview and religion, which is enshrined in Art. 35 of the Constitution of Ukraine, relates to civil rights of man and citizen and consists of three basic elements: freedom of thought, freedom of conscience and freedom of religion. This right includes the freedom to profess any religion or not to practice any religion, to freely send religious cults and rituals, as well as to conduct religious activities. It is noted that in the states of continental Europe the constitutional and legal regulation of the right to freedom of opinion and religion is implemented differently. Thus, in the constitutions of Andorra, Bulgaria, Bosnia and Herzegovina, Armenia, Georgia, Estonia, Lithuania, Macedonia, Romania, San Ma-rino, Serbia, Czech Republic and Montenegro, the analyzed law is enshrined along with other human rights. In other constitutions of European states, the law under study is formulated in a separate article. It is stated that the constitutions of European states use unequal verbal designations of this right. In particular, such terminological expressions as "freedom of conscience and religion", "freedom of cults", "freedom of conscience, religion and other beliefs", "freedom of conscience and religion", "freedom of conscience", "freedom of religion and worship", " freedom of religion ”,“ freedom of choice of religion ”,“ freedom of conscience, religion and worship ”,“ freedom of religion and conscience ”,“ freedom of religious beliefs ”, which differ but have much in common. The expediency of deleting the term “freedom of world outlook” from Part 1 of Art. 35 of the Constitution of Ukraine and the consolidation of the term "freedom of conscience", which in its content, first, covers a broad sphere of spiritual, world-view of human being, and second, acts as the freedom of choice and assertion of the individual in the system of religious coordinates. It is proposed taking into account the European experience of constitutional and legal regulation of the right to freedom of opinion and religion of the provision of Art. 35 of the Constitution of Ukraine shall be read as follows: “Everyone has the right to freedom of conscience and religion. This right includes the freedom to profess any religion or not to practice any religion, to freely send religious or ritual rites alone or collec-tively, to conduct religious activities. The exercise of this right may be restricted by law only in the interests of public order, the health and morals of the population, or the protection of the rights and freedoms of others. Churches and religious organizations in Ukraine are separated from the state and the state education system from the church. No religion can be recognized as binding by the state. Churches and religious organizations are equal before the law. It is forbidden to compel a person to choose and profess any religion or belief, to participate in re-ligious and ritual ceremonies or activities of a religious organization and to receive religious education.”

The paper presents research findings with 56 Roma children from Macedonia and Serbia between the ages of 3-6 years. The children’s knowledge of Romani as their mother tongue was assessed with a specially designed test. The test measures the children’s comprehension and production of different types of grammatical knowledge such as wh–questions, wh-complements, passive verbs, possessives, tense, aspect, the ability of the children to learn new nouns and new adjectives, and repetition of sentences. In addition, two pictured narratives about Theory of Mind were given to the children. The hypothesis of the authors was that knowledge of the complex grammatical categories by children will help them to understand better the Theory of Mind stories. The results show that Roma children by the age of 5 know most of the grammatical categories in their mother tongue and most of them understand Theory of Mind. References Bakalar, P. (2004). The IQ of Gypsies in Central Europe. 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The Czech Republic has been in transition from communism to democracy since 1989. How disability has been defined and understood in Czech society is described in political, social and cultural context. The state of law and disability policy is illustrated by a case study involving a mother with a disabled son who had to be placed in an institution due to the lack of financial resources. The case is described as an insight into the current state of disability law and its interpretation in the Czech Republic. This case is examined as a human rights issue and it is argued that the transition from medical model and welfare law to a civil and human rights law, with regard to people with disabilities, has not yet been completed in the Czech Repulic.

In the scientific article the author conducts a study of foreign experience of legal regulation of judicial protection of family rights of parents and children, primarily under the legislation of certain states of the European Union (such as Germany, France, the Czech Republic, Slovakia, Poland, Hungary, Latvia, Estonia) and under the legislation of the Republic of Moldova. Based on the conducted research, the author comes to the conclusion that in the German civil and French civil legislation, the Civil Code of Hungary and the family laws of Estonia and Slovakia, an exhaustive list of methods and types of judicial protection of the family rights of parents and children is not defined, although it can be formed on the basis of the analysis of the texts of individual articles devoted to specific issues of the exercise of family rights of parents and children and their protection. At the same time, as shown by the analysis of the family legislation of this state, which regulates the specifics of the protection of family rights and obligations of parents and children, the court must have the right to consider all disputes regarding the implementation of family rights of parents and children, similarly to what is provided for by Family Law of Ukraine. The French Civil Code separately defines the procedural powers of the court of first instance, which are intended to resolve cases that come up for consideration within the framework of a dispute over the exercise of parental rights. The analysis of the civil legislation of the Czech Republic, Latvia, Poland and Romania allow us to conclude that the court is not the only (albeit the main) body authorized to protect the rights of parents and children; specific methods and forms of protection of family rights, in particular parents and children, similar to French and German civil legislation, are defined in separate articles. Latvian civil law, along with the judicial protection of the family rights of parents and children, also contains a quasi-judicial form of protection represented by orphan courts, which are guardianship and care bodies of local self-government bodies and decide on the issue of transferring a child to the care and upbringing of a future adopter, on the adoption of a child, on assistance in parents' implementation of their rights and obligations towards a child, assistance to a child in case of improper implementation by the parents of their rights and obligations regarding a child, termination of the right of guardianship of the parents over a child or renewal of such right, appointment, approval or dismissal of a guardian. Polish and Romanian family legislation provide for two independent forms of protection of family rights — judicial and quasi-judicial, similar to Latvian legislation, when the issue of adoption, establishment of guardianship, resolution of disputes between parents regarding the fulfilment of parental rights and duties by them is decided by «guardianship and guardianship courts» as bodies of custody and care. The Family Code of the Republic of Moldova adopts an order with courts as bodies that ensure the protection of family rights of parents and children, guardianship bodies, and also provides that family rights are protected by competent public administration bodies, and in some cases by mediators and judicial authorities. The court, as a rule, protects the family rights of parents and children in the presence of a conflict of interests between parents and children.

Abstract In 2014, a fundamental reform of private law took place in the Czech Republic. It was a revolution in private law. The reform of Czech private law was also to some extent contributed to by the pressure of the neighbouring more advanced legal systems in which the Czech legislator sought inspiration, especially the ABGB and its basic principles. Czech private law has been influenced since at least 1811 by the ABGB; this regulation affected Czech private law even in the first half of the twentieth century. This paper aims to answer the question how the ius-naturale conception of ABGB affected the Czech Civil Code of 2012 (the reform of private law in 2012) in the field of compensation for non-pecuniary damage, and to what extent and in which institutes this influence manifested itself. The area of compensation for non-pecuniary damage was deliberately chosen – this area is related to the protection of human personality. Personality rights then reflect the theory of natural law, which was suppressed in Czech private law during the second half of the twentieth century.

The relevance of this study is conditioned upon the lack of specialized legal regulation concerning the breed of animals as an object of intellectual property, which considerably complicates the judicial protection of property and personal non-property rights. The purpose of this study was to investigate the civil legal protection of intellectual property rights for animal breeds in Ukraine, considering foreign practices. For the systematic study of Ukrainian and foreign legislation, formal-legal, logical-legal, comparative-legal, and other special methods were used. Through the analysis of the Ukrainian regulatory framework, it was found that the provisions of the patent legislation must be considered for the implementation of judicial protection of rights to animal breeds. The results of the study of the provisions of the specialized laws of Ukraine from the standpoint of civil legal protection of intellectual property rights were presented and the following methods of protection were highlighted, which by analogy can be applied to the animal breed: recognition of the right, change, or termination of the legal relationship, restoration of the position that existed before the violation of the right, recognition of the deed invalid, termination of infringing actions, compensation for damages and moral damage, forced performance of the obligation in kind. It was established that a special method of judicial protection of animal breed rights is the application of a one-time penalty in the form of a certain amount of money instead of compensation for damages. Using a comparative legal analysis of foreign practices, namely in the Czech Republic, Bulgaria, and Kyrgyzstan, it was discovered that the legal protection of animal breed rights is primarily determined by the presence of a protective legal document, such as a patent or certificate. The theoretical value of this paper is that this study is the first to analyse the issue of judicial civil law protection of animal breeds as an object of intellectual property law in Ukraine, while also factoring in the foreign practices. The practical value is that the study results can be used to eliminate gaps and conflicts in the legal regulation of animal breeds as objects of intellectual property. The proposals expressed in this paper can be considered in the legislative initiatives.

The procedure and internal functioning of a limited liability company in the conditions of the Slovak Republic seemed to be a long-settled question. However, the opposite is true. We were particularly interested in the question of how a de facto non-existent person can act and thereby have certain rights and obligations. As part of the study, we came across numerous jurisprudence, which completes our understanding of the term executive and also defines the framework of his actions. A very important issue is the definition of the relationship between the limited liability company and the manager. The reason is the fact that it is a business-legal relationship and therefore the protection provided to this relationship is lower compared to civil-law relationships or labor relations. In addition to the examination of a limited liability company and its manager, we focus primarily on a critical analysis of the commercial and labor law relationship between the manager and the limited liability company. To achieve our goal, we use several scientific methods designed for the study of law, such as analysis, synthesis, comparison, deduction, description. In conclusion we will critically evaluate the results of our investigation, we will compare the development of Slovak, European and Czech jurisprudence in the context of its influence on the investigated issue. At the same time, we answer the research question whether it is possible to perform the function of an executive on the basis of an employment contract.