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Keresési eredmények
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A COVID-19 betegség tényleg az ügyvéd „adminisztratív problémája“?
5-19Megtekintések száma:141Absztrakt: A COVID-19 világjárvány felforgatta mindennapi életünket 2020 tavaszán. A járvánnyal együtttjáró lezárásoknak, az otthoni munkavégzés gyakorlatának számos hatása máig érvényesül a peres gyakorlatban, akár pozitív, akár negatív értelemben. Pozitív, hogy a bíróságok, hatóságok felismerték az online kommunikáció lehetőségét, így a tárgyalások egy része a járványmentes időszakokban is áttehető az online térbe, időt és energiaráfordítást kímélve. Vegyes a megítélése annak a hozadékának, hogy a polgári peres tárgyalások perfelvétele körében a bíróságok az eddigieknél gyakrabban rendelnek el írásbeli előkészítést. Végül negatív, hogy a hirtelen megbetegedések miatti mulasztások kezelésében szinte mind a mai napig nem sikerült megnyugtató megoldást találni. A tanulmány a betegség miatti mulasztásokkal kapcsolatos gyakorlatot vizsgálja: a Kúria egy 2021. februári, a veszélyhelyzet sajátos körülményei közötti tényállás alapján meghozott végzésénének apropóján igyekszik megvilágítani, mi is a képviselethez való jog (valamint az ügyvéd helyettesítésének) valós tartalma, szerepe a polgári perben.
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Az elektronikus közigazgatás stratégiai kérdései az Európai Unióban
50-56Megtekintések száma:93Radical changes could be observed at the of the 20th century and can also be found especially in the 21st century regarding the electronic administrative procedure both in the European Union and in the Member States. These changes primarily originate from the technical development, to which administration has to reflect; furthermore administration should be more faster and can be made closer to the citizens. I review the European Union's strategies and priorities concerning electronic administration in this paper. The European Union's powers are mainly focused on the implementation of such services in all Member States approximately at the same time in this field, if possible on the same technical grounds because only this way can the real interoperability between the different systems be guaranteed. But the interoperability of the national administrations is significantly limited by the linguistic diversity of the European Union because in the absence of a common official langugae real interoperability is limited by the different official languages used in the Member States. Such fields are for example the company registers and its accessibility through the European e-Justice Portal. Although, the efforts for e-administratation of the European Union do not cover all areas of the national administrations, furthermore while the European Union's regulation is focused on the economically efficient activites, Member States have to prioritise issues of citizens' and legal persons' everyday lives when creating and realising eloctronic administration.
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A „távollétes ügyek” egyes elméleti és gyakorlati kérdései a büntetőeljárásban
Megtekintések száma:62The idea of simplification of the law of criminal procedure has been an interesting topic in the science of law for a long time. Practical necessities, namely the overburdening of the criminal courts and the new challenges of the criminal law called this concept into life. Finishing up a procedure in a reasonable time limit is a very crucial interest – as it was pointed out several times by the Council of Europe, Committee of Ministers and also the Hungarian Constitutional Court. As the international principle declared in the Human Rights says everyone has the right to plead its case within a reasonable period and it can only be achieved that way.
Because of the reasonable time limit required for a procedure, various simplifications of methods have been introduced into the national systems of criminal procedure. As a part of this process several legal institutions were introduced in the Hungarian law system aiming to accelerate the legal procedure. One of them, which is called special procedure against absent accused, is regulated by Chapter XXIV. of the Law of Criminal Procedure.
This essay deals with this special procedure in details. Firstly I show through a short international outlook how the procedure against absent accused appears in the practice of the European Council and the European Union. Hereafter a certain case is examined in details where the European Court for Human Rights considered the necessity of the accused person’s appearance. The Court established a principle if the absence of the accused had hurt the requirements of the fair trial. According to this the appearance of the accused person is necessary if it could play a role in the forming of the Court’s opinion.
Next, I examine the problems connected to the Hungarian regulations because recently serious constitutional worries have appeared related to this legal institution. As a result of this the Constitutional Court made its decision (n. 14/2004) and found many paragraphs of the then existing legal institution unconstitutional. Based on this Decision I go through in details all the problems and requirements related to this procedure. In the light of this, the regulation effective from the 1st of January, 2005 is described, which – according to my opinion – meets the requirements made by the Constitutional Court, so it is exceptional and provisional.
In the next chapter certain practical experiences of the procedure against absent accused are examined. Here it is stated that the application of this legal institution is the rarest among the legal institutions aiming the acceleration of legal procedures. I explain it by the fact that this is a relatively young legal institution and there was not enough time since it was introduced to give certain conclusions, moreover the application is limited concerning the range of individuals. As a conclusion it can be stated that the application is more common in those cases where the accused is abroad but does not stay in an unknown place. I call the attention to some problems emerged in the practice as the protection of the accused, or the delivery of the copy of indictment and summons, etc.
As a final conclusion it can be stated that using this legal institution is not so common but the importance of this will increase in the future by joining to the EU because of the easier way of crossing the boards. Hopefully the regulation, which suits to the requirements of the Constitutional Court, will be proper to gain its original aim, namely to simplify and accelerate the legal procedure.
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Tévedés jogtörténeti fejlődésének egyes állomásai, különös tekintettel Bernolák Nándor tévedés tanára
Megtekintések száma:71I examine one of the grounds for the preclusion of culpability and grounds for the termination of culpability: error. Grounds for the preclusion of culpability are the followings: infancy, abnormal mental condition, constraint and menace, error, negligible degree of danger to society of an act, self-defence, extreme necessity (emergency), absence of private motion, other grounds defined in the Act. Grounds for the termination of culpability are: the death of the perpetrator, prescription, remission, cessation or becoming negligible of the dangerousness for society of the act, other grounds defined in the Act.
Grounds for the preclusion of culpability and grounds for the termination of culpability mean that culpability shall be precluded.
Error - as an obstacle of the preclusion of culpability – is not as usual as other grounds for the preclusion of culpability, for example: insane mental state, constraint or menace. Error means - 27. § of the Hungarian Criminal Code – that 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 culpability, if it is caused by negligence and the law also punishes perpetration deriving from negligence.
I examine error’s ruling from Roman law to now days. One of the most important books was written by Nandor Bernolak: The Error doctrine. I succeeded Bernolak’s method to search how error was regulated in different ages. Bernolak wrote his essay in 1910, so he described the rules of error as it appeared in Code Csemegi. I follow his method during the examination of 1950.:II. Criminal Code of General Part, 1961. IV. Criminal Code and finally 1978. IV. Criminal Code.
I found many differences and similarities between Criminal Codes, Propositions, and finally I compiled a table about the changes of the development in error’s legal history.
There is a rule that is known generally from Roman law: „ignorantia facti, non iuris excusat”, which means: ignorance of the law means no excuse.
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A munkaviszony megszűnésének és megszüntetésének új szabályai a korábbi szabályozás tükrében
24-34Megtekintések száma:153From the 1st of July 2012, Act XXII of 1992 on the Labour Code, which was effective from the 1st of July 1992, had given place Act I of 2012 on the Labour Code (New Code). The New Code has brought a lot of changes concerning the cessation and termination of the employment. The univoque aim of the legislator, near reducing the number of the labour suits, was resolving the inconsistency of the practice, corresponding to the changing social and economic relations, furthermore harmonising the Hungarian law to the law of the European Union. The rules concerning the termination of the employment have not substantially changed. The New Code broadens the list of cases regulated previously. Concerning the termination of the employment, the New Code determines the ordinary dismissal as dismissal, whereas the extraordinary dismissals as dismissal with prompt effect.
At the same time, it is a new rule, that the parties could terminate the definite term employment with dismissal, if the conditions determined by the New Code emerge. The New Code has brought substantial changes concerning the rules of the dismissal protection. It constricts the number of cases when the dismissal protection could be applicable and respecting the application of the dismissal protection, it considers authoritative the moment of the notification of the dismissal. For example an expectant mother could refer to the dismissal protection, if she had notified the employer about the pregnancy before the notification of dismissal.
According to subsection 3 of section 65, there are cases, when the dismissal should not be communicated, whereas according to subsection 2 of section 68, the dismissal could be communicated, but the termination period would start earliest after the last day determined by the New Code.
The New Code, contrary to the old one, determines 6 months as the longest term of the dismissal period. The rules of the acquittal and the severance pay have not changed substantially. Regarding the dismissal with prompt effect, the legislator makes a distinction between the termination with motivation and the termination without motivation. It is a substantial modification regarding the unlawful termination of the employment, that according to the rules of the New Code, the employee could claim for damages as arrears of salary, which could not exceeds the 12 months amount of the absence fee. The restoration of the employment could be executed only in the few cases determined by section 83 and only if the employee requests for it.