Suchergebnisse

Considering the Hungarian civic sphere, its situation and characteristics are far from clear and unambiguous equally for nonprofessional and experts, despite the legal regulation. Nonprofit reports of The Hungarian Statistical Office provide data of the sector since 1993. The judicial online browser also runs a database to identify and acquire most important features of organizations of the civic sector. Still, there are only few results of secondary analysis or primary research, dependently or independently from them. The analysis of the reporting requirements seems to be novel field of the civic related researches, the main reason for the examinations are the latest media reports, where those organizations are highlighted, who cannot meet the subsidy related reporting requirement, who do not reveal their financial reports or simply there is some kind of an anomaly of the 1% personal income tax offering. Since 2011, civic organizations' reports are (or should be) available in the judicial browser, the objective of the examination is – in relationship with it – to understand how the way of reporting has changed and in what detail organizations are willing to report on their activities. Our results show that a not demanding reporting expectation of the court meets the reporting laziness of some of the civic organizations. ; Amennyiben ma Magyarországon a civil szféráról beszélünk, a törvényi szabályozás ellenére sem messze egyértelmű kép tárul a laikus vagy épp a szakember számára. A KSH nonprofit tájékoztatóiban 1993 óta állnak rendelkezésre adatok, a bírósági online kereső civil szervezetek azonosítására, főbb adatainak megismerésére működtet adatbázist, mindemellett, ezektől függetlenül vagy épp ezekre alapozva kevés a további másodelemzés, vagy épp empirikus jellegű kutatás. A civil szervezetek beszámolási kötelezettségeivel kapcsolatos vizsgálódás újszerű területe a civilek kutatásának, apropóját pedig épp a sajtóban egyre több alkalommal megjelenő cikkek adják: civilek, akik nem tudnak támogatásokkal elszámolni, akik nem teszik közé beszámolóikat vagy épp az SZJA 1% kapcsán vélelmezhető valamiféle anomália. 2011 óta a civilek beszámolói is hozzáférhetőek (vagy annak kellene lenniük) a bírósági online keresőben, és a kutatások célja ezzel összefüggésben pedig éppen az, hogy miként és hogyan változott a beszámolási kötelezettség, megfelelően kitöltötteke a beszámolók, és mennyire hajlandóak részleteiben is beszámolni a szervezetek működésükről. Az eredmények szerint úgy tűnik, hogy a kevésbé kiélezett elvárásnak a beszámolási hajlandóság lazasága is velejárója.

The digital changes of the 21st century have brought us many new tools, technologies, and, with them, new challenges. The changes fully permeate economic processes and at the same time have a significant impact on work performance. As a result of the changes, many jobs will be lost, new ones will be created, and we will witness ever-faster changes in the labour market. Employers and employees need to adapt to these changed circumstances, in which working time and its scheduling play a key role. In the course of the present work, I examine the feasibility of the shorter working hours that have become available due to technical development, both from a theoretical and a practical point of view. In connection with this, the development of a flexible work schedule will also be subject to a legal examination.

Changes in the labour market have marked features that are important for previous eras. These changes are primarily changes as digitalization comes to the fore, which significantly changes the structure of the labour market. The time lag between job losses and new jobs created due to new technologies, as well as possible retraining, will result in an intermediate time interval. This time interval for maximum service will be characterized by a low-skilled workforce. Starting out, however, from the principle of state social welfare, we cannot leave these persons without benefits. The question was made especially topical by the COVID-19 epidemic, which also reached Europe in the spring of 2020. In several countries, basic income or -similar social benefits have been introduced. The reason for this move is the significant employment crisis that has resulted in the lockdown used by some countries to stop the spread of the virus. The basic income is, however, only one element of the system, which is why it is necessary to examine the issue in relation to the minimum wage and minimum income.

"There has been a lot of controversy among the Hungarian jurisprudence regarding the creation of the new Hungarian Criminal Procedure Act. It was also raised whether there was a need for a new code of procedure at all, whether it was not enough to adapt the existing regulations of the old Criminal Procedure Act to the new Criminal Code.
The Criminal Procedure Act, which has been in force since July 1 2018, may seem a distant start compared to Ferenc Finkey's work, but we will see that knowledge of the legal history and the processes involved are essential to understanding the changes in the present.
This is specially true for changes that affect the principles on which criminal proceedings are based. One of the biggest changes in the new Criminal Procedure Code – at the level of the priciples – is undoubtedly the relegation of the principle of official proceedings to the background, as it often turns to opportunism rather than officiality in order to increase simplification and efficiency.
In fact, in his work, Finkey has already perfectly described the mechanisms that we can discover in today's changes. Perhaps it is no exaggeration to say that his work may have provided a basis for fundamental changes in the new Criminal Procedure Code. His theories presented in this study shed excellent light on the dynamics that have permeated all areas of legal history in law and on the processes that, if we recognize them help us understand why it is necessary for our laws to be recreated sometimes.
All in all, we can see that the principles are never of absolute value, but their meaning is constantly changing, as the legislatorial ways breath in the spirit of the current age. When these principles are no longer able to keep up with change, they must be re-formed. And if we are to form such an important principle, we need to enforce a new vision throughout criminal proceedings that makes it necessary not only to make amendments to the Code of Criminal Procedure but also to create a whole new law.
In order to see the real effects of the present innovations and the actual processes it has initiated in our criminal procedural law, a comprehensive analysis of the practice will be needed. We need to examine how quickly law enforcement can respond to the loss of space in centuries-old traditions. It may also be a question of whether we can talk about a real loss of space at all, as it is also conceivable that the principle of officiality has narrowed at the level of the normative text, but the old routine, attitude, and instincts live on in the application of law. The outcome of this examination may also raise important questions, including legal certainty. It is essential that once our procedural law has reached the point where it had to be born again, the application of the law be reborn with it."

The Trianon Peace Treaty had a profound effect on the social and governmental structure of Hungary. These changes, of course, also influenced the field of corrections and actually altered some of its key aspects as well. The author will recall several key penological concepts and ideas from the era to provide an introduction to the philosophical foundations of the establishment of correctional legislation and the resulting substantive changes that occurred. Moreover, a detailed analysis will be provided on the system of enhanced severity workhouses, an emblematic punitive measure that addressed the unfavourable criminological tendencies of the 1920s, which emerged as consequences to the Trianon Peace Treaty. The essay will conclude with deducing the generalized historical, legal, and moral lessons and conclusions pertaining to this peculiar period of Hungary.

"The study focuses on digitization and home office. The author indicates the circumstances that mean serious challenges to both the legislator and the law enforcer. Owing to the digital revolution, the emergence and spread of the electronic means of communication, we are witnessing significant economic and social changes. New types of legal relationships are emerging, trade is being restructured, and we can perceive a clear shift in the centre of gravity towards the virtual space. The question is how these processes affect the world of work."

This paper has been inspired by the overview of the work of Ferenc Finkey as a crown prosecutor. It concentrates on certain procedural stages of the Hungarian Code on Criminal Procedure (Act XC of 2017) and demonstrates how this new act brings changes to the decision-making powers of the prosecutor's office compared to the previous act and also how the prosecutor's office serves as an important authority influencing the outcome of the case during the whole criminal process.

The constantly changing economic and social environment is of paramount importance to the environment of labour law regulation today given that the socio-economic definition of labour law can be considered on the basis of the current idea thereof. Adaptation to the changing environment requires that labour law regulations also adapt properly to the changes. As a result, we may encounter a number of new employment relationships today, which will generate additional problems to be resolved with regard to labour law.

In my short essay, I tried to present the changes in the criminal procedure law of the last one hundred and fifty years, the means of proof, and, wherever possible, to find a connection, as well as Ferenc Finkey's work, who was born 150 years ago. It can be said about Finkey's work, his textbooks that his conception of material and procedural law marked a new era in Hungarian scientific life. He established a modern system, proclaiming the principles that meet the theoretical and practical requirements of a modern criminal procedure based on individual freedoms, acquiring a state-of-the-art approach with a European perspective. As a result, his views are not let out of the latest scientific life either. His theoretical conception and dogmatic theorems still define legal thinking.

The fundamental value of labour law at all times is that it provides security in the economic sense and thus creates predictability: on the one hand, with rules protecting the worker and, on the other hand, by building a social network on the part of the state in case the worker is unable to work. In addition, it is crucial that labour law regulations can properly adapt to the economic and social changes of the 21st century, to the emergence of new trends. The development of robotics and artificial intelligence will undoubtedly have an impact on the dynamic and static elements of the work environment, the labour market, and the labour relationship, thus generating new challenges.

The corporate governance as a regulatory system has started a journey towards independence for a while, and sooner or later it will turn into a self-standing field of science. This process is facilitated not only by its transdisciplinary nature, which combines legal science with economic science, within the civil law, the corporate law, business economics, management and organizational science, but also, in the case of state-owned companies, with public administration and proceedings law. The timeliness of the topic is illustrated by the prolonged transition to market economy following the 1989 regime change, the controversial application of company law, the scandals around certain privatization processes, the bankruptcy of many important state-owned enterprises, all of these bringing about a willingness to establish a regulatory framework. Taking into consideration the above short presentation, the subject of our analysis is very complex; this article intends to limit the examination to the Bucharest Stock Exchange Corporate Governance Code, investigating it in comparison to the provisions of the Romanian legal system. At the same time, it sets as an objective to make use of a concrete example (the most important Romanian state-owned joint stock company listed at the Bucharest Stock Exchange), Romgaz, in order to present the reader the ways and circumstances of the implementation of the general principles and provisions to comply with , as included in the Code.

"Employers' liability for damages is an extremely strict, no-fault liability. In practically all cases, employers are liable for employment-related damages suffered by employees. Rules on employers' liability for damages has been changed in many aspects by the Hungarian code of labour law in the private sector, Act I of 2012 on the Labour Code (hereinafter referred to as Labour Code). These changes have introduced some, generally private law institutions into the assessment of liability, such as the foreseeability clause.
The application of these rules raises a lot of questions even in typical employment relationships, while for atypical employment relationships it is especially true. We must realize that the system of the employers' liability for damages has been designed for conventional employment relationships.
The purpose of this presentation and study is to review to what extent the rules governing employers' liability for damages may be applied for atypical employment relationships unobjectionably, e.g. remote working, or for atypical elements of typical employment such as home office."

The study constitutes a brief historical overview of the development of the contract of mandate, as regulated in Romanian law. Firstly, the roots of this contract in antiquity and in Roman law are discussed, and the evolution of its major characteristics are revealed. Subsequently, the author presents the regulations applicable to the contract of mandate under the first modern codifications of Romanian civil law in the Calimach and Caragea codes, the Commercial Code of Wallachia of 1840, the Romanian Civil code of 1864, the Commercial Code of 1887, and the Civil Code of 2009, currently in force. The author presents the major historic evolutions of the Romanian regulation pertinent to the nature of the contract, the parties, their remuneration, the effects of the contract inter partes and towards third persons as well as the changes in regulatory logic from the differentiation of commercial and civil mandate to the unification of the two institutions in the Civil Code of 2009.

The Act XXX of 1868 regulated the public law situation of Croats and Hungarians in a uniquely subdualist way within the Monarchy, and the status quo provided an appropriate basis and guarantees for further development. Another significant step in the settlement of ethnic relations within the Monarchy was Act XLIV of 1868, a law that had an organic relationship with the Compromise Act. Both the Compromise Act and the Nationality Act were defined by the public law conception represented by Ferenc Deák, the essence of which is to focus on the terminology of the unified "political nation" for the Hungarian side, and the position and rights of other national minorities were regulated in relation to it. In Deák's understanding, the concept of the political nation was linked to the idea of the nation-state, which, as a result of domestic political changes after 1875, became increasingly nationalist and upset relations with individual nationalities, including Croats. In the long run, this process led to mutual misunderstandings between the peoples within the Habsburg Monarchy and to an explosion of ethnic and political relations as a result of several unfortunate political factors.

"The essence of the blockchain technology lies in that via connected IT devices such a base of information is formed which simultaneously, with making a thousand copies, is able to register data of transactions, automated transactions, without any external supervision and the possibility of retrospective one-sided modification. Many believe that the system of blockchain (and the digital general ledger system forming its base) will bring about such a change into our lives which the Internet brought when it started to spread in the 1990s.
The most successful examples of blockchains so far are financial tools. The Court of the European Union has already ruled in judgement no. C264/14 that bitcoin virtual currency is considered to be a contractual money, it is a direct money between economic actors who accept it.
It is a perpetual dilemma of the law and legal regulations that lawmakers react to the events of everyday life slower than the speed at which economic actors find new solutions to various problems. Do new possibilities provided by blockchains surpass risks, or is it just like an Internet article warns: are hackers becoming the new lawyers? What can a corporate lawyer say to the previous question − can salary be asked for in bitcoin?
This presentation tries to answer the question of how much the blockchain system facilitates the conclusion of employment contracts or the fulfillment, the control, and the administration of employment relationships and whether the human element is indispensable in the operation of these systems."