The purpose of this study is to analyze economic reforms conducted in Ukraine during the period of the state’s independence. And also to identify, with the help of scientific tools – system analysis, management problems in the economy, their diagnosis, identification of the consequences that led to these problems, and ways development (at conceptual level) for their solving. The authors of the article proposed the concept of reforms in Ukraine. At the heart of the concept is the administrative reform aimed at creating organizational conditions under which corruption in power is almost completely neutralized. It is argued that such conditions are created by ensuring transparency, introduction of new information technologies, and minimizing the proportion of the so-called “human factor”. Within the framework of the innovative project (model) of economic management, it is envisaged to redistribute central power between the central apparatus of economic management, local authorities and the non-state sector.
The purpose of this article is to explore the subject of applying to the European Court of Human Rights in tax cases, the place of decisions of the European Court of Human Rights in the system of sources of tax law, the problems arising from the application of ECtHR decisions by Ukrainian courts in tax cases. The research was carried out using formal-dogmatic, system-structural, comparative-legal, historical and other methods of scientific cognition. The author concludes that it is important to use the decisions of the European Court of Human Rights to resolve public law disputes, the subject of which is public finances. After all, the Ukrainian tax system and tax legislation, the tax status of taxpayers and tax authorities should be based on the fundamental principles enshrined in the Convention and which have repeatedly been systematically interpreted in the decisions of the European Court of Human Rights.
Job polarization simply refers to the decline or disappearance of employment in middle skill occupations. Recent literature focuses on this phenomenon as a source of rising income inequality in countries. The hypothesis is that growth in employment over the last decades has favoured jobs at the low and high skill occupations with declines in employment shares in the middle of the distribution. First, this paper seeks to investigate whether labour polarization occurs in Central and Eastern European countries. Secondly, the paper assesses the role of technology on employment in the Central and Eastern European countries. Using employment shares and a cointegrated panel autoregressive distributed lag model, the paper presents comprehensive results on labour polarization and the impact of technology on employment in the labour markets of the Central and Eastern European countries. The results show positive impact of technology on high skill employment while negative on low and middle skill employment in the long-run. The study finds that though middle skill employment shares declined, there is no clear case of a U-shape employment distribution to indicate labour polarization.
As mediation and its support across the European Union have been growing, we can assume that the public is better aware of this option of dispute resolution. The law acquaintance with the focus on mediation has not been studied extensively, although the identification of the current state is crucial for formulating the effective strategies for its broader use. The aim of this paper based on the quantitative survey on a representative sample in the Czech Republic is to examine the mediation awareness and its differences across individual characteristics. The statistical analysis identifies very low awareness of mediation and its aspects. Moreover, this knowledge is higher among people with higher education, among middle-aged people and older people living in bigger municipalities. Based on the findings, the authors suggest that targeted campaigns organised by the state should be conducted through the channels accessible to the sociodemographic groups with lower awareness of mediation.
Czech workers’ compensation is “exemplified” by the adoption of the Worker’s Accident Insurance Act in 2006, four deferments of its effective date and then complete annulment of the Act. A temporary settlement aimed at resolving the incompatibility of the communist model of workers’ compensation for work accidents and occupational illnesses with the transition to a market economy after 1989 involved the implementation of statutory employer liability insurance for work accidents and occupational illnesses, outsourced to two private insurance companies; the current Czech government does not seem to have a know how to deal with it. The objective of this paper is primarily to advise the government using primarily the formulation and comparison of four basic social workers’ compensation models and furthermore considering the existing sickness, pension and health insurance systems. The choice of a social model is namely a matter of public choice, but intensive lobbying also constitutes part of these processes. The analyses result in a recommendation to “dissolve” the statutory employer liability insurance into a jointly collected social insurance contribution for sickness and pension insurance, and partly to transform the current accident benefits into increased sickness and pension benefit assessments and partly to cancel them.
The subject of this study is the characterization of the rights and possible obligations of a spouse of a partner of a limited liability company. Participation in a company with limited liability belonging to one of the spouses sometimes enters into joint property, and in the event of the cessation of this communion, it is divided. The company’s share belongs to the inheritance property.
On 10th April 2010 Polish Air Force Tu-154 carrying the President of the Republic of Poland Mr. Lech Kaczyński, the First Lady Maria Kaczyńska and 92 other high Polish officials and members of the crew, crashed in Smolensk. Following the crash, Polish and Russian governments by series of acts and omissions agreed for the investigation procedure according to the Chicago Convention from 1944, nothwithstanding the existence of the binding Polish-Russian agreement from 1993 applicable to military aircrafts.
The main aim of the study is to analyze posthumous problems that concern the victims of the Smolensk disaster in the context of positive obligations of the state. The first element of the analysis will concern the standards of dealing with the bodies of disaster victims as soon as they occur. The second aspect will include the obligation to notify of death along with other obligations and information on victims. Then, issues related to the transport of corpses and the opening of coffins will be described, and finally the regulations regarding uninterrupted burial. The analysis of the above issue presented in the work will be carried out taking into account regional human rights protection standards and the ECtHR’s judicial practice. Both soft and hard law standards will be included in the analysis.
The main aim of this analysis is the synthetic reconstruction of the standards of European Court of Human Rights concerning the procedural aspect of the right to life, and particularly the obligation of conducting an effective investigation in the context of the Polish Air Force Tu-154 air crash in Smolensk on 10th April 2010.
The right to life in the system of the European Convention of Human Rights has a particular character. It derives mostly from its paramount importance. Due to the character of the sphere guaranteed by the right to life, the European Court of Human Rights notices the need of protecting it, both in material and procedural aspect. This is also the reason why article 2 of the ECHR is backed up by the wide variety of positive obligations.
The standards of article 2 of the ECHR and state’s positive obligations in this respect are fully applicable in relation to the air crash of the presidential Tu-154. State’s obligations focus on both material and procedural aspect of incident causing death. The air crash of Tu-154 concerns particularly the obligation to conduct adequate and effective official investigation. This obligation concerns both Polish and Russian authorities.
The main aim of this research is to analyse which obligations are applicable in respect of this particular air crash.
Smolensk Catastrophe is not only about the question of clarifying facts, but also the one of responsibility stemming from them on the grounds of European Convention on Human Rights, and being more precise from its art. 2: The right to life. The article includes both negative obligations, such as the prohibition of depriving an individual of life, as well as positive ones regarding the establishing of effective regulations in criminal law, providing legal and administrative procedures aiming at e.g. preventing the acts of life deprivation, including the ones referring to procedural obligations concerning the conduct of a proper and effective investigation. Responsibility is shared by both parties of the Convention: Russia and Poland. The first of them ought to be responsible for depriving the Catastrophe casualties of their lives, not only in the event of an attack and explosion, but also in the context of TU 154 renovation, the manner of organizing the visit, dividing it between 7th and 10th April 2010, the level of securing the quality of service at the North Smolensk airport, conducting the investigation and keeping the evidence (the wreck, black box, etc.), which made it impossible for Poland to conduct the effective investigation. Poland, on the other hand, is responsible for the lack of applying appropriate legal and administrative procedures, as well as preventive and controlling measures, inappropriate conduct of aviation investigation by Military Prosecutor Office, as well as the lack of an effective investigation indicated in art. 2 of the Convention. Poland ought to be held responsible also for the manner of organizing the visit. The responsibility of a state on the basis of the Convention includes detecting, pursuing and punishing individuals responsible for actions and cessations determined as a punishable offence of negligence and not fulfilling ones duties. Therefore there certainly was the situation of breaching the material and procedural obligations stemming from art. 2 of the Convention.