Suchergebnisse

Purpose of Study: In this paper, institutions of agreements (mediation) in criminal proceedings in various states were investigated regarding the history of their occurrence and development. The aspects under the study included features related to the use of institutions of agreement in individual countries (USA, Canada, Germany, Russia, Moldova, etc.); the regulatory framework of these countries, statistics on the use of institutions of agreements (mediation), as well as programs used as mediation. Methodology: In the present study, general scientific, as well as special methods and provisions of dialectics were used. In the course of the study, private scientific methods were also used including historical-legal, formal-legal, formal-logical, systemic, and comparative. Results: Currently, the new legal institution of agreement (mediation) is actively developing in the global legal system, contributing to resolving the conflict without holding a trial and just by holding peace negotiations and concluding an agreement with the accused. This institution was initially established in countries with the Anglo-Saxon legal system (USA, UK), and then was developed in countries with a continental legal system (RF, Moldavia, Kazakhstan). Implications/Applications: The mediation is considered to be a convenient approach for resolving conflicts, since it is built on the mutual agreement of two confrontational parties, and it will continue to further develop worldwide and will be included in the legislation of those countries where it has not been fixed yet.

Since World War II, Polish legal theory has focused principally on the sociological aspect of the law, dealing with its origin and social function. Detailed research and analytical studies have supplied information about which social groups have in the past influenced the enactment of legal norms, what their motives were, and what benefits they derived from these laws. As a result of this research the law lost its sacred character. It ceased to be thought of as something extraordinary and came to be regarded realistically as an instrument for the realization of the interests of those groups which had influenced the enactment of the law. This kind of research, however, proved to be insufficient and somewhat one-sided. Consequently, new problems are being considered, and, of these, three are receiving special attention: (1) the evaluation of positive law, (2) the relationship between legal consciousness and socialist consciousness (which might also be called Marxist consciousness), and (3) comprehensive legal research. All of these problems have practical implications for us which, I trust, justify a brief discussion of them here. Inasmuch as these problems are still being investigated and discussed, I will confine myself to mere presentation of them and mention of the efforts that have been made toward their solution.

This book assembles the works of scholars from around the world, forming a contextual demonstration of the increasing encounters and tensions among legal cultures. In offering different approaches to an understanding of transnational law, the chapters also bring out the important consequences of a more global outlook in legal scholarship, legal practice, and legal education

The article deals with the system of legal education in the Czech Republic. It briefly describes four public law schools and their history. It also analyzes basic study programmes which are provided by these law schools. The third part of the article describes the main legal professions and their prerequisites.

__Abstract__ Misleading advertisements, such as for ring tones, being a typical example of an unfair commercial practice have over the past years caused substantial harm to European consumers and society. This is particularly so because in many cases the enforcement response given a legal breach is slow or does not happen at all. A discrepancy can be observed between mala fide and bona fide traders. While the latter inadvertently breach the law, rogue traders' interests lie in the short-term profit generated by illegal activity. They do not mind changing sectors and try to hide, abusing current loopholes in the legal system. The gap between both types of traders is arguably increasing and so are the profits of the mala fide traders, not least due to new technologies that facilitate their operations; most prominently the Internet. This paper deals with the efficient design of enforcement mechanisms addressing misleading advertising laws. Enforcement is crucial to induce individuals to law-abiding behaviour. Here, it is approached from the deterrence perspective. The UCP directive leaves national legislators with considerable discretion regarding the enforcement and the provisions, and institutions involved in the countries thus vary and not in all countries the optimal balance might have been struck yet. This article's goal is to add to the knowledge on design requirements for optimal enforcement solutions, particularly in terms of players that need to be involved. The two mentioned types of traders calculate with differently high benefits. Thus they are to be deterred by different means which calls for a differentiated approach in legal responses and institutions involved. Path dependency explains why no one-size-fits-all solution is available for all European Member States, and the paper aims at providing a set of design requirements that can be adapted to the respective legal system.