Suchergebnisse

The marital relationship has been changing over time. The institution of marriage has become more democratic, following societal development. Marriage and divorce have lost their bureaucratic and moral obstacles. However, marriage has retained its role in the welfare of spouses and the evolution of society. Law protects the moral and economic rights of spouses. It should be noted, however, that the safeguarding of spouses' rights and interests a priori concerns the rights and interests of third parties. This is the phenomenon of marriage. In a legal relationship, spouses are recognised as special right holders by default, which refers, for example, to insolvency proceedings, matrimonial property regimes and social rights. The research analyses the correlation between the trends of the institution of marriage and third-party rights in the context of the welfare of society. The objective of the research is to analyse the institution of marriage in order to trace its development in the modern world and establish how it affects third-party rights and public interests in general. The research employs methods of legal interpretation to analyse legislation and the inductive and deductive method to draw conclusions and formulate suggestions. Based on the results of the research, the institution of marriage is undergoing transformation. Marriage is losing its initial importance. Unmarried cohabitation is becoming increasingly prevalent. The biggest challenge is to balance the right to self-determination of a person choosing cohabitation and the public interest in legal stability and predictability, which are essential for the sustainable development of society.

The article is devoted to the problems pertaining to the establishment of encumbrances on real estate. Encumbrances that are created on the basis of law have a different legal substance. As a rule, encumbrances by law are significant and bring benefits to an unlimited number of rightholders. This type of encumbrances includes various protection zones, roads, nature reserves, etc. It is assumed that these encumbrances are for the common good; therefore, the rights of an owner may be restricted. Legislation allows establishing encumbrances without any authorisation from the real estate owner. The objective of the thesis is to analyse the legitimacy of encumbrances based on law in the context of the impairment of owner's property rights. To this end, both descriptive and analytical methods have been employed to analyse the legal grounds for encumbrances and related case-law. The study has relied on both legislation and case-law. The results of the study give strong grounds to conclude that a special procedure could be applied to the establishment of encumbrances in situations when those are intended to meet the needs of the entire society or individual communities of certain regions. Like any other encumbrances, those established by law restrict owner's property rights. A real estate encumbrance should be recognised as a restriction on owner's property rights. Certain remedies should be introduced with a view to balancing the rights and interests of the society and the owner and minimising the adverse effects of encumbrances. Such remedies could comprise an owner's right to claim reasonable compensation, challenge the establishment of encumbrances and initiate their annulment.

The right to a fair trial is a key element of the rule of law. It should be noted that the right to a fair trial has a complex structure, because securing this right is both a goal, or a state's positive commitment to ensuring citizens' rights, and a means of achieving this goal. The obligation to tell the truth as a principle of procedure constitutes the core of a fair trial. The concept of 'fair trial' would be a mere fiction if the state would not demand that parties to the case tell the truth in proceedings. There is no doubt that a dispute can be solved in reliance on true facts, true statements. This is a pre-requisite for the legal resolution of disputes, which means confidence in the judiciary as an element of state's sustainability in the long run. The objective of the research is to examine the scope of the obligation to tell the truth in procedural relations in conjunction with the need for the fair settlement of legal relationships in the context of the sustainability of society in order to formulate suggestions for improving the legislation, thereby minimising opportunities to avoid the truth for the parties to proceedings.The research has employed descriptive and analytical, deductive and inductive methods. These methods have been used to analyse laws and the opinions of legal scholars and formulate conclusions and suggestions.
Keywords: civil proceedings, criminal proceedings, obligation to tell the truth

A broad competence is conferred upon judges in their capacity as public-office holders, including achieving the fair settlement of criminal and civil relationships and solving disputes between private persons and public authorities by way of administrative proceedings. In administering justice, judges are public officials who have a task to ensure that what today's society understands by a fair trial. In today's democratic world, the right to a fair trial should be understood not only as access to justice and judicial protection in criminal, civil and administrative proceedings, but also as compliance of courts with the principles of law, including those of fairness and impartiality, and, more broadly, the legitimacy of judges as public officials. Judges are not abstract public officials, which means that they must have impeccable reputation and adhere to high moral standards.

The research deals with problems relating to proceedings regarding criminal property, as a result of which property may be recognised as criminally derived and be forfeited. It should be noted that matters at hand are interdisciplinary and require a systemic approach. The research focuses on procedural aspects of criminal property forfeiture in the context of an individual's right to property. The forfeiture of criminal property by way of special proceedings before a court judgement resulting in criminal conviction becomes final is an adequate means of criminal proceedings, whose main goal is to restore justice between parties to criminal proceedings by returning criminal property to the lawful owner as soon as possible. However, it should be considered that this type of property forfeiture has a dual nature, namely: the legislation should also secure the rights of persons having opposite interests, such as the alleged offender, the property owner affected by criminal proceedings and the victim.

The right of a person to a fair trial is absolute. This right has a long democratic history, without which no democratic society can be imagined. Without this constitutional scope, the right to a fair trial is the basis for the sustainable development of society, as it ensures legal stability. Litigation in the cassation instance is on the top of right-to-court pyramid. The cassation instance is the last instance in the national judicial system, the decisions of the cassation instance are not subject to appeal; secondly, the court ruling in the cassation instance constitute case law, which is an important auxiliary source of law. This confirms that litigation in the cassation instance is one of the most important tools in securing the right to have a court hearing. The extent of the quality of the legal framework regulating cassation litigation points to the right to a fair trial overall. The study focuses on the issues of cassation litigation. The issues of the right of parties to file a cassation appeal (cassation protest) in civil and criminal cases as well as the jurisdiction of the court in deciding the admissibility of a cassation appeal (cassation protest) are analyzed within the multidisciplinary perspective. The aim of the research is to study the legal framework, which determines the right of a party to submit a cassation appeal (cassation protest) in civil and criminal case in the context of court jurisdiction, when deciding on whether to adopt it in order to make proposals for enhancement of the legal framework. There were used the descriptive, analytical and deduction-induction methods as well as the methods of interpretation of legal norms. Using these methods, legislation and the views of legal scholars were analyzed, and conclusions were drawn.
Keywords: cassation, court proceedings, right to a fair trial

The expression of each individual's will is one of the important rights. This freedom is protected by human rights. In legal systems the expression of the central positions of the will of individuals is protected. In civil law transactions as well as in health care individuals have specific and complicated rights to express their will. And the problematics of it comes from that capacity issue. The rights to expression, rights to liberty ect. are recognized as the basic rights of each individual, of each member of the society. The protection of the expression of the individual's will is significant moment from the international as well as national point of view. A significant aspect and more sensitive is the protection of incapable person's rights, for instance, in civil law transactions and healthcare matters in legal framework. The key challenge for the protection of those rights is to find the balance between capable and incapable persons' rights protection in the case of will expression in particular matters.
Keywords: legal capacity, decision, treatment, willpower, civil law

The opportunity to use the tangible resources of our planet – water, air, subterranean depths – secure the existence of our civilization. Despite the existence of private property and the division of ownership of tangible resources between natural and legal persons, the resources required for life are objectively determined by the very life form. Any living creature needs air, water and subterranean depths. They are the common value of the mankind. The right to live in a favourable environment is recognized as the basic right of each individual, of each member of the public. A significant aspect is the high quality environment, which includes specific standards and requirements for the quality of air, water and subterranean depths. This is necessary in order to ensure the legal protection of the environment, balancing the rights of private owners and society as a whole. The protection of the environment is the subject matter of the legal framework. The key challenge for the protection of the environment is to find an opportunity to balance the economic development and the sustainable development of the environment, which is why the greatest attention should be allocated to the questions that relate to the prevention and compensation for the damage caused to the environment. Keywords: environment, damage caused to the environment, sustainable development

It is beyond argument that education is a cornerstone of the sustainable development of any society and state. The more educated society and its individual members are, the more capable the state and its economy and security and technology systems are of giving a targeted response to challenges of today's world. However, education should not be seen as an end in itself. Certain quality requirements and standards should be respected in the educational process, one of them being academic integrity. Academic misconduct is firmly condemned both at educational institutions and in society, and occasionally the lawfulness of acquired education may be questioned. This kind of misconduct represents a phenomenon leading to several threats, and it can be interpreted as an intellectual property theft, which compromises the quality of education, thereby reducing a state's capacity for development, and undermines confidence in educational institutions and persons who have committed misconduct, adversely affecting society in general. It should be emphasised that, if ignored, academic misconduct facilitates legal nihilism in the long term. Therefore, one of priorities in education should be associated with solidifying academic integrity as a component of sustainable development. In the light of the above, this article analyses the understanding of academic integrity and how students can be punished for academic misconduct in the context of sustainable development, for which purpose internal regulations of major higher education institutions of the Republic of Latvia have been examined.
Keywords: academic integrity, liability for academic misconduct, right to education, sustainable development of the state

Technologies are becoming an integral component of study process. Opportunities brought by digitalisation in the field of education are not at variance with the right to education and conform to the right to exploit the achieved scientific and technical progress for enhancing human life and welfare; moreover, there no grounds for asserting that knowledge and skills acquired remotely are at a lower level than the results of face-to-face learning. However, to develop a uniform understanding and create a stable legal basis for the evolution of remote studying, legislative amendments that would define remote studying and set forth related requirements are needed.The aim of the research is the analysis of remote studies as a form and practice of education, evaluating the provisions of regulatory enactments in order to find out its admissibility and compliance with the right to education.The research uses document analysis, as well as methods of interpretation of legal norms and induction-deduction method, drawing conclusions and making proposals for improving regulatory enactments and practice of higher education establishments.However, there exist various interpretations of the content of remote studies. The management of higher education establishments are also discussing the construction of the term 'contact hour' provided in the Law on Higher Education Institutions, including remote studying that at least partially duplicates distance and open learning and additional requirements concerning the organisation of the remote study process.