Évf. 4 szám 2 (2007)

Megjelent April 1, 2007

issue.tableOfContents663325afbaf85

Tanulmányok

  • A fővárosi önkormányzat új szervezetének kialakulása
    Megtekintések száma:
    53

    After demonstarting a short historical and national angle in my study, I would like to sketch a general survey about the rising and the operation of the capital local government between 1989 and 1994. This period was the beginning of establishing the system of local governments. This period resulted a remarkable turn to the direction of the capital level.

    Now this subject belongs to the history of public administration, but it is still a current question from many points of view. It is true that the relationship between the capital and the district local governments is rather contradictionary, as this is true for the relationship of the regime and the government.

    The development of the capital local government can be approached only if we examine the whole local government system. The governmental system and its contemporaries made influence to the operation of the capital local government too, especially in two fields, on the one hand the specific structure of the capital local governmental system, on the other hand the disintegrated structure of the capital agglomeration.

    The special structure of the capital local government influenced significantly the relationship of the local governments and the capital, and the relationship of the capital and the regime. The sharing of the tasks and the financial sources were a source of tensions between the capital and the districts. There was a great need to use long-term principles in sharing these sources. The conflicts became deeper and deeper, because the competencies were not clearly divided, and some investments failed because of the resistance of the district local governments.

    The relationship of the regime and the capital determines the special position of the capital, and the strong dependence on the state supports. This situation can be worse by the conflicts in the political principles of the capital local governments and the regime.

    46
  • A hamis beismerő vallomást eredményező befolyásolás a büntetőeljárásban
    Megtekintések száma:
    124

    Often justice would be less miscarry, if all who were about to weigh evidence had more conscious of the treachery of human memory.

    The memory ideas of a person are objective reproductions of earlier experience or are mixed up with associations and suggestions. The possibility exists that police might obtain a confession from an innocent person in a crime he had never committed. It is even possible that false confession might lead to a false conviction.

    The power of suggestion devastates memory, and this remains entirely within the limits of the normal healthy individuality. If interviewing techniques were to be assessed in terms of the police claim that they are geared to an objective reach for the truth, then they would emerge as thoroughly deficient. The progress of psychological science can not be further ignored.

    162
  • A tévedés jelentőségének egyes aspektusai az élet, testi épség elleni bűncselekmények körében
    Megtekintések száma:
    37

    I examined one of the grounds for the preclusion of punishability and grounds for the termination of punishability, which is error. Grounds for the preclusion of punishability and grounds for the termination of punishability, mean that punishability shall be precluded.

    The error means- 27.§- the perpetrator shall not be punishable for a fact, of which he was not aware on perpetration. The person, who commits an act in the erroneous hypothesis that it is not dangerous for society and who has reasonable ground for this hypothesis, shall not be punishable. Error shall not exclude punishability, if it is caused by negligence, and the law also punishes perpetration deriving from negligence.

    I examined how often the judge accept an error, if the person believe that he’s in the right, because he was attecked, or direct emergency menace. Or maybe he believes, that he is in danger of his life.   Is it exceptional or not? What examine judge? It isn’t only hypothetical question, because very complicated task for the judge.

    75
  • Pillantás a dán névjogra
    Megtekintések száma:
    17

    In Denmark until around 1850-1870 most ordinary people used patronymics instead of surnames, however, in 1812 the Danish government passed a law requiring families to choose a fixed surname that future generations should continue to use. In 1826 patronymics were abolished by law. It took several decades for patronymics to disappear.

    Constantly changing names had given reasons for this regulation. The patronymics (as family names) were not favourable for property circumstances and registration.

    Today the Danish name system bases on the Danish Act on Names. This act contains regulation of last names, middle names, first names, procedure of giving names and the changing of names, private international law relations and penal provisions.

    This Danish act is very permissive, because it allows using traditional patronymics and in the same time encourages individuals to choose a new surname. So a name which is not used as a last name in Denmark can be adopted as a last name but some conditions must be effective.

    In Denmark last names borne by 2,000 individuals or less are protected and cannot be adopted by other individuals. This is an unusual form in protection of names.

    There is a lot of similarity between Hungarian and Danish right of name, enough to think about the first names. Either in Denmark and in Hungary a first name cannot denote the opposite gender in relation to the individual who will bear the name. There is a list of names for boys and girls, which is identical with the Hungarian list of first names compiled by Hungarian Academy of Sciences.

    Why can this Danish act be interesting for a Hungarian lawyer?

    In Hungary the regulations of names were very scattered, so the rules were on every level of the sources of law. Since 2004 this situation is not so unfavourable, but we still do not have one unified act on names as it is in Denmark. So the Danish act can be a good example to examine how we can establish a similar unified regulation in Hungary.

    9