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The Peculiarities of Civil-Legal Regulation of Transplantation in Ukraine and Europe

Abstract

In modern realities the issue of the quality and accessibility of health services, the cost of medicines, examinations and treatment in general is being increasingly frequently discussed. The attention is focused on such a narrow surgical field as transplantation, because in Ukraine thousands of patients are waiting in line for organ transplantation and very few operations are performed. The main, most secure and common type of transplantation is the transplantation of organs and tissues from a deceased person, the dead body. Cadaveric transplantation, which is used in most developed countries, is hardly carried out in Ukraine. This is due to the fact that the current regulatory base of Ukraine in the field of transplantation does not fully meet the needs of modern medicine and has many gaps. The aim of donation is a future transplantation (including and in cases of blood transfusion and reproductive cells use). The parts (tissues, organs, their parts, individual cells) extracted (separated) from the body in the process of donation can be used generally in the treatment process in a processed form (blood plasma) or in the original state (fertilized reproductive cells). The detailed analysis of the provisions of the national legal system makes it possible to conclude that, despite the absence of direct regulation of relations concerning organ donation and transplantation as material relations, the legal regulations provide the fundamental provisions, which determine their material nature, and therefore offer opportunities for agreementbased regulation. In our opinion, one of the essential legal means of ensuring the rights of participants in the relations of donation and transplantation can be their agreement-based regulation. The peculiarities of civil-legal regulation of transplantation in Ukraine and Europe are simultaneously analysed; and the grounds of its legitimacy are defined.

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The Legal Regulation of Rental Contracts on the Land Rental Market in Slovakia

Abstract

Rented land accounted for 53% of the total agricultural area at EU-27 level in 2009. Rented land as a proportion of total utilized agricultural area in Slovakia (UAA) is one of the highest (FADN, 2009). That is why land rent plays a very important role. Therefore, the Slovak law maker approved special legal regulation to stabilize the long-term rent of agricultural land. The paper analyses how these legal norms affect the behaviour of the land tenants doing their business activities in the agriculture. Within the paper, the development of the market farmland prices and farmland rental payments development with the administrative land prices and rental payments stipulated by the Slovak national law is analysed. Based on the research results we found out that prices of arable land have statistically significantly increased. In spite of these facts the market prices are still lower than their administrative prices(1) especially in the case of farmland of the highest quality. According to the results the rent payment for one hectare of land is not influenced by the minimum rent payment stipulated by law. Contrary, minimum rental period stipulated by law, legal forms of agricultural enterprises and quality of land have significant impact on the rental payments. The larger acreage of land of one agricultural businessman press down the land rent payments. The legal forms of enterprises as well as the land rent period belong to the dominant factors which influence the land rent payment. (1) Administrative price is a price of farmland stipulated by the law.

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Legal Regulation of Direct Payments in EU and Slovak Republic in Programming Period 2014-2020 / Právna Úprava Priamych Platieb V Eú A Slovenskej Republike V Programovom Období 2014-2020

Abstract

Direct payments belong to one of the main supporting instruments of EU agricultural sector representing the support of farmers´ income. In the new programming period (2014-2020) there is a transition from full decoupling to targeting of direct payments. Strong emphasis will be given especially on environmental aspects representing by „greening“. The aim of the paper is to describe and review the Legal regulation of direct payments at both EU and Slovak republic level. Comparison of the amount of direct payments in 2007-2013 and 2014-2020 is also being presented. Finally selected problems in direct payments implementation are introduced and discussed

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Polish legal regulations considering recovery of secondary materials from coal mining dumping grounds

References Gawor Ł., Jankowski A.T., Ruman M. 2011. Post-mining dumping grounds as geotourist attractions in the Upper Silesian Coal Basin and the Ruhr District. Moravian Geogr. Reports , 19, 4: 61-68. Gawor Ł. 2013. Environmental impact of coal-mining wastes in Poland with regard to legal regulations. [in:] Proc. of 14th conf. with international participation “ Waste Management – GzO`13 ”, Kortnik J. (ed.), Krsko: 102-108. Gawor Ł. 2014. Coal mining waste dumps as secondary deposits exemplified on Upper Silesian Coal Basin and Lublin Coal

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Regulation of Unmanned Aerial Systems and Related Privacy Issues in Lithuania

Abstract

In the past few years the use of unmanned aerial vehicles in Lithuania has significantly increased. However, enjoying the advantages of this technology, which improves society’s socio-economical safety (public safety in a broad sense), raises some privacy concerns. This article analyses European Union and national legal regulations regarding the use of unmanned aerial vehicles as well as legal tools for defence of the right to privacy or prevention from its breaches in the Republic of Lithuania. Unmanned aerial vehicles have become popular only recently; thus, legislation regarding their use has not yet become a common topic among lawyers. Furthermore, case law of the Republic of Lithuania is silent about it. Thus, the authors model a situation of breach of privacy using an unmanned aerial vehicle and analyse possible defence mechanisms.

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Migration – The Threat or the Chance of Development for the City?

Abstract

The article deals with the phenomena of human migration, especially migration from the rural surroundings to the city structures and legal approach to it. Author describes the acknowledgment and legal regulation of the migration into the city structures in ancient world (e.g. in Roman law), deals with the contemporary legal concepts related to this sort of migration in Polish law and evaluate the impact of EU law approach to this question. Finally author pleads against the protective and closing regulations and call for the open approach to the in-city migration flows.

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The Cultivation of Fast-Growing Trees on Agricultural Land in Slovakia and Czechia : Legal Comparison

Abstract

The paper analyses the legal regulation of the cultivation of fast-growing trees on agricultural land in Slovakia and Czechia. The focus is on the differences in the legislation of the two countries, the application of the regulations of cultivation of fast-growing trees in practice, the level of protection of agricultural land, and the support system for the cultivation of fast-growing trees. Comparison of national legislation dealing with the issue of planting fast-growing trees, taking into consideration the protection of agricultural land and the legislation on granting the state support has also been investigated in the context of European legislation. The procedure before the start of planting, the permission conditions for planting of fast-growing trees, the conditions and the process of support provision have been studied. The result of the documents analysis is a comprehensive comparative overview of the above-mentioned areas of legislation on the cultivation of fast-growing trees in Slovakia and Czechia and the identification of differences, benefits and practical impacts on the cultivation of fast-growing trees.

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Legal Regulation of Entrepreneur’s Conduct in Slovakia

Abstract

The article provides characteristics of legal regulation of the conduct of entrepreneurs, including the analysis of a new element of the Slovak law – so-called “disqualification”. It consists in a prohibition (by a court order) to perform functions of a member of the statutory or supervisory body in a company or co-operative, as well as in a prohibition to act as a director of the organisational unit of an enterprise, as a director of an enterprise of a foreign party, or as a procurator. Entrepreneurs are entitled to act on their own name. We distinguish direct and indirect (mediated) acts of entrepreneurs. When acting directly, the entrepreneur acts personally (for individuals) or through the statutory body (for legal entities). Indirect (mediated) acts of entrepreneurs consist in manifestation of the will through a third person, who acts on behalf of the entrepreneur (so-called statutory representation).

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New Legal Regulation of Admissibility of Appellative Review from the Viewpoint of Certiorari Institute

Abstract

The article is focused on current legal regulation concerning review of an appeal within the Czech civil procedure law. Changes, adopted by Czech legislator in 2012, brought to this extraordinary remedy new concept and approach. The article compares this approach to a certiorari principle common the US legislation and brings conclusions denying the new Czech and the US legal regulation shall correspond perfectly to each other, even though some experts expressed an opposite opinion.

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Legal Regulations Regarding Transplantation - In Poland, Germany and Switzerland

Abstract

Introduction. Transplantation surgery, involving transplantation of cells, tissues and organs, constitutes a common medical practice that saves the lives of a great number of patients.

Aim. The purpose of the present paper is to provide a comparative analysis of the legal regulations regarding transplantation that are in practice inside three European countries: Poland and Germany - EU Member States - and Switzerland - a non-EU state. The considerations made herein are meant to find an answer to the question whether the provisions of law regarding transplantation in the specified European countries regulate the legal situation of the donor and the recipient in a similar manner.

Material and methods. The paper is based on the following source documents: The Cell, Tissue and Organ Recovery, Storage and Transplantation Act of July 1, 2005; The Act on Donation, Recovery and Transplantation of Organs and Tissues of November 5, 1997 (Transplantation Act - TPG); Federal Act on Transplantation of Organs, Tissues and Cells of October 8, 2004. In our work, we applied two methods, the first being comparative, and the second being dogmatic-legal. The latter consists of analyzing the provisions regarding transplantation as found within the three selected European countries.

Results and Discussion. Under Polish, German and Swiss law alike, the recovery of cells, tissues and organs is allowed from an adult, who, under the Polish and German Acts, has full capacity to enter into legal transactions, and who, under the Swiss Act - is an adult who is mentally competent. Of note is that a minor might only be a donor in ex vivo transplantation provided that precisely specified requirements are met. Of additional note is that, under the German and Swiss Acts, recovery of tissues and organs from a human cadaver donor is allowed only if this person gave consent for such recovery prior to their death; under the Polish Act, this is allowed unless the deceased person expressed their objection when alive.

Conclusion. As far as ex vivo transplantation is concerned, the legal solutions regarding transplantation in Poland, Germany and Switzerland regulate the legal situation of the donor and the recipient of a transplant in a similar way, although there are a few significant differences. As for ex mortuo transplantations - the legal solutions applied in each country greatly differ.

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