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Freedom of Speech and Inclusive Society
9-32Views:151This article deal with the most actual theme of the limitation of the freedom of speech the hate speech.
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Editorial
7-8Views:223In the preface, the content of the given issue is described by the editor in the form of 5-6 line article descriptions (annotations). In addition to the latest changes to the journal, here is the explanation of the Latin phrase on the back cover.
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An example to Follow: What makes a good Cyberbullying Handbook
247-255Views:215Review of the book Bullying Beyond Schoolyard. (HinduJa, Sameer–PatcHin, justin W.: Bullying Beyond Schoolyard – Preventing and Responding to Cyberbul- lying. Corwin, California, 2015.)
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The Intergenerational justice at the Constitutional Level
48-64Views:169The debates about the rights of the future generations have risen significantly in the last decade. The more attention we give to the question, the larger the number of new issues which emerge. As an example, the right to a healthy environment or the rights of the unborn can be mentioned. The aim of the study is to examine this question in connection with constitutions. The constitutional level could significantly affect the possibilities of the future generations. The theory of intergenerational justice is examined in relation to the main topic. The analysis of the population pyramid of the Brexit voters is mentioned as an example of a possible intergenerational injustice.
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Impact Assessment of Environmental Legislation and Strategic Environmental Assessment in Practice
85-102Views:148The study deals with the system of the impact assessment of environmental legislation in Hungary. The system can be divided into three parts, these are the environmental aspects of general impact assessment, the environmental impact assessment of legislation and the strategic environmental assessment. The aim of the study is to evaluate these tools and to draw up the possible ways of legal interpretation and development. The study offers an evaluation of the theoretical basis with consideration to a practice-oriented approach.
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The Practice of the African Commission on Human and Peoples’ Rights concerning the Rights of the Indigenous Peoples, with special regard to the Ogoni Case
127-143Views:185The aim of the current article is to analyse the protection of indigenous peoples’ rights offered by the African human rights mechanism by introducing its institutional framework and jurisprudence. The author has the opinion that the African mechanism has followed in the footsteps of the Inter-American system and has interpreted the already existing substantial norms in an evolutive manner; thus achieving tremendous results in the acknowledgement and protection of indigenous rights. They did so with such success that now the “master” – namely the Inter-American Commission on Human rights – is quoting the student. It follows from the above mentioned lines that – according to the firm opinion of the author – the African mechanism worth the attention both present time, both in the future, due to the simple fact that new trends regarding indigenous rights may arise from the practice of the African Commission.
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The Criminal Provisions of the DDoS Attacks in the United States, Eu- rope and Hungary
66-83Views:356The Internet offers an opportunity to launch y wide range of cyberattacks such as Distributed Denial of Service (DDoS) attack, which exploits the vulnerabilities of the system network without access. DDoS attacks continue to grow in intensity and complexity. Due to the Crime-as-a-Service business model and online criminal markets DDoS attacks have become accessible to anyone willing to pay for such services. It can be launched easily, although it may cause serious social and economic damage. The aim of this paper to present the criminal provisions of the DDoS attack in the United States, Europe and Hungary.
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Limits of Environmental Liability: Summary of the Guest Editor
189-198Views:207This summary is an attempt to demonstrate that despite all the differences in how limits of environmental liability are perceived by the authors of this special issue due to different approaches to environmental liability, a common framework can nevertheless be drawn encompassing them all. Each article of the special issue elaborates some of the aspects of the concept of environmental liability. Despite the differences in the evaluation and assessment by the authors of the role of stakeholders and of the facts having an impact on the concept of environmental liability, it is shown that all of them are analysing the very same subject. The apparent differences are due to the different contexts in which environmental liability is examined and evaluated. Thus, the summary underlines that there is a need for system thinking related to environmental liability.
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The Public Prosecution Service of the Slovak Republic – Constitutional and Legal Background
89-100Views:102A szlovákiai ügyészség alkotmányos jogállása és törvényi szabályozása hosszú ideje vita tárgya. Az érdeklődés egyik oka kétségkívül az, hogy az ügyészség tevékenységének, hatáskörének szabályozása a szakmai és a laikus nyilvánosságot is érinti. A figyelem elsősorban az ügyészség alkotmányos helyzetére, az ügyészség egyes szintjei, továbbá az ügyészség és a közhatalom más szervei közötti viszonyokra, valamint a büntetőügyek területén érvényesülő, s azokon kívüli hatáskörre irányul. Ez a tanulmány is e viszonyok tisztázására, a Szlovák Köztársaság ügyészségére vonatkozó régi és újabb közjogi rendelkezések bemutatására vállalkozik.
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Disclosure of the Data of State-owned Companies in Hungary and Germany: Similarities and Differences
83-101Views:73The article analyses in a comparative manner the way the publication of data works in Hungary and Germany in the case of state-owned companies. The subject of the analysis is furthermore how the transparency of public property is compatible with the functioning of the market and the protection of trade and business secrets. The article devotes special attention to the issue of the relationship between the request for data in the public interest and trade secrets, and, whether the disclosure of such data may be refused on the basis of avoiding potential business damage. Given that the disclosure of data with public interest and its accessibility are inseparable from the freedom of information, the relevant laws in the countries subject to analysis are also presented. The article highlights the exemplary solutions of the German legal system and, finally, compares the similarities and differences in the regulatory concepts of the two legal systems.
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Groundwater protection in the light of a judgment of the Supreme Court of Hungary
178-191Views:253In the study the author analyses a judgment of the Supreme Court of Hungary, in which a progressive judicial interpretation is included concerning the obligation of fact-finding in connection with the protection of groundwaters. Before this, the author presents the legal doctrine regarding groundwater regulation. The regulation is not only drawn up on the national level, but also on the level of European Union. After the detailed presentation of the case, the author makes some conclusions.
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Challenges and Future Developments of Criminalistics
42-61Views:169This study analysis the futuring theoretical and practical development possibilities of criminalistics – as universal factscience. It tries to sign the further tendencies of forensic sciences in the XXI. century as well. The author composes scientific fields where can be and need to real, intentional strengthening of recent criminalistical methods and writes about his future guessing, suggestions and challanges of criminalistics.
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The Future Civil Procedure From a Bird’s-eye View
115-127Views:160The future Civil Procedure has been under recodification for three years now and the experts have made considerable effort to create a 21st century code. Now the draft of the Code was published by the Minister of Justice for social debate, and later on a Bill was introduced. This article offers several humble recommendations de lege ferenda, where the text of the code needs amendment and no interpretation may result in the desirable outcome. Several earlier remarks of the author have been accepted and are now reflected in the Bill, and these points shall be identified and evaluated.
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A főszerkesztő előszava
7-8Views:274The twentieth issue of our journal is now in the hands of the esteemed Reader. Already at the start of the Pro Futuro, our editorial board set the goal of publishing issues in English from time to time. In 2019, we finally had the opportunity to do so.
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Water Law – Current Challenges
163-167Views:148Book review on the Book of Szilágyi János Ede, the title is Vízjog: Aktuális kihívások a vizek jogi szabályozásában.
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Victim protection or real probation? Reversed burden of proof in employment discrimination cases in the Hungarian legal practice
123-138Views:343This paper emphasizes one of the most important questions of equal treatment that is the reversed burden of proof and aspects of the special sharing of burden of proof. The hypothesis of the paper is the following: although the Hungarian regulation follows the relevant directives of the European Union properly, the legal practice does not focus on victim protection to the expected level. The legal practice of the Equal Treatment Authority and the Supreme Court (Curia) of Hungary are both analysed, therefore the different approaches can be confronted. The paper provides de lege ferenda proposals mainly in connection with the unification of the Hungarian judicial practice.
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PPP as an umbrella term
62-78Views:131In this study the author examines the legal institution of PPP (Public Private Partnership) in Western legal cultures. As a result of the analysis, the author finds that PPP is a blanket term which includes all contracts concluded between public and non-public sectors where the subject of the contract is the implementation of a public task and the term of the contract is relatively long. The second part of the study collects and analyses the possible classifications of PPP contracts, including the short introduction of the most typical PPP contracts.
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The classification of contracts and the franchise contract apropos the Codification Committee’s Proposal on the new Hungarian Civil Code
68-79Views:148The introductory part of the study presents the standing points related to the delimitation of typical and atypical contracts. The first part gives an overview of the debates on the integration of atypical contracts (e.g. leasing, factoring, franchise, etc.) into the Hungarian Civil Code with special regard to the fact that the proposal on the new Civil Code contains regulations on franchise contracts. The second part examines the rules on franchise contracts of the proposal which was elaborated by the Codification Committee and published in February 2012.
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Book review: Csaba Fenyvesi–Csongor Herke–Flórián Tremmel (eds.): Forensic Science (’Kriminalisztika’)
196-202Views:205Although the prosecution of crimes dates back to the creation of the human society, the „science” of investigation in the modern sense, i.e. forensic science, appeared only in the 19th century, and the first comprehensive university textbook on forensic science was published in Hungary in 1965. In the 60 years since then, thanks to the explosion of scientific and technical knowledge, forensic science has undergone radical changes. Edited by Csaba Fenyvesi, Csongor Herke and Flórián Tremmel, the book on Forensic science provides a comprehensive introduction to the concepts of forensic science, the most important elements of criminal technique and criminal tactics. The book is a valuable contribution to the field of forensic science and provides a realistic picture of both the present and the possible future of forensic science. This book review discusses the importance of the book for forensic science, based on certain specific institutions of forensic science.
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Personal and Organizational Framework for the Activities of the Defence Counsel in Hungary
79-88Views:119In the Hungarian system of criminal procedure, several participants of the proceeding may provide activities aiming at the defence of the defendant (e.g. the prosecutor or even the defendant himself). My dissertation, however, shall focus on the activities of the defender based on delegation or recorded Power of Attorneys given, in consideration of the fact that almost without exception this personal group act as advocates in criminal procedures, furthermore, solely lawyers have the expertise necessary for the defence, and the “equality of arms” principle may only succeed completely through them.
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Editorial
7-8Views:184In the preface, the content of the given issue is described by the editor in the form of 5-6 line article descriptions (annotations). In addition to the latest changes to the journal, here is the explanation of the Latin phrase on the back cover.
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Examination of Quality Management Solutions and Their Applicability in the Context of Right to Information
102-118Views:134With the growing importance of good public administration, the quality of information can be measured primarily through customer satisfaction. In order to provide a uniformly high level of information, it is possible to apply quality management standards and other solutions such as ISO 9000, citizen’s charts and excellence models. However, they are not always able to measure the quality of information in a targeted way, therefore the use of solutions based on customer feedback is required. However, the question arises, whether these classic quality management solutions can still be used in an environment where multi-channel access, electronic communication, automation and artificial intelligence are playing an increasingly important role in public administration and customer information?
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The new Civil Procedure Code – from order for Payment Perspective
94-113Views:126The study aims to assess the basis of the features of the new Civil Procedure Code, it is a general background of the non-litigious procedures. The research seeks to answer two questions: whether the new Civil Procedure Code satisfies the requirements of the non-litigation requirements; and whether it leads to a change in the regulation of non-litigation procedures. The study whittled down the scope of the investigation to the order for payment procedure. Based on the primary research, the sections of the draft of the new Civil Procedure Code, which are referred to by the order for payment procedure, are two ways to present: content unchanged, and content changed. The study examines the impact of the latter, and draws conclusions based on the changes in content on the relationship of the order for payment procedure and the new Civil Procedure Code.
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The British Isles and the Arctic: Episodes from the Past and Present
159-170Views:131The article explores certain past and present aspects of Britain’s engagement with the Arctic. More specifically, it looks at English and Scottish connections with the area of Spitsbergen (present-day Svalbard, Norway), focusing on exploration and whaling, as well as competition with European powers. Certain legal issues that subsequently arose over the course of time regarding the area are also looked at. Additionally, it examines modern tensions surrounding Svalbard, between the European Union and Norway in the aftermath of Brexit, specifically due to the allocation of fishing quotas. This illustrates the impact that Brexit has had in various different areas. The study also deals with the United Kingdom’s present engagement with the Artic, including Scotland’s attempt at formulating an independent Arctic policy.
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The relationship between distraint in real estate and real estate registration – with special regard to the legal effects of registering and recording certain rights and legally significant facts
137-156Views:337The subject of the study is the realization of real estate, which is not examined in the traditional way but within the scope of the implementing law, but as a legal institution affecting several jurisdictions, focusing on the ownership of the auction buyer. In addition to the method of obtaining ownership based on the official auction, it analyzes in detail the possibilities of obtaining from the non-owner in the official auction and in the light of the judicial practice, the legal effects of registering the enforcement right and the note are taken into account.