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Legal aspects of NFTs
60-77Views:194The focus of the study is on NFTs. Accordingly, the study presents, on the one hand, the process and reason for the emergence of NFTs as a new crypto art category. Subsequently, within the framework of the study, the operation of NFT marketplaces and the different sales methods of NFTs are examined. Finally, in the light of the applicable national copyright law, an apparent conflict between the copyright holder and the owner of a given NFT will be resolved following the trading of the NFT on the secondary market.
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Civil Review: Book Review of “Civil Society in Europe - Minimum Norms and Optimum Conditions of its Regulation”
164-176Views:290Civil society is under pressure in many countries. Governments appear to be less and less tolerant of the opinion of civil society advocates, rights defenders and watchdog organizations. This book is given relevance by Lex NGO which restricts the operation and implementation of the activities of Hungarian non-governmental organizations. The volume of studies defines the minimum standards and optimal conditions that are essential for key players in civil society to be able to achieve the goals set by organizations and to contribute to the formation of democratic public opinion. In my analysis I placed more emphasis on those parts of the volume that may be important in the amendment of Lex NGO and similar legislation.
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Rechtsphilosophischer Hintergrund der Generationengerechtigkeit
8-22Views:271Die aktuellen Bedürfnisse der heutigen Generation und die Lebensperspektiven künftiger Generationen sollten zueinander in einer Balance stehen. Das derzeit geltende Umweltrecht leistet die gebotene Konkretisierung/Operationalisierung erst in Ansätzen. Der Exkurs in (rechts-)philosophische Zusammenhänge macht deutlich, dass es im Umweltbereich intergenerationelle Gerechtigkeit allenfalls dem Grunde nach geben kann. Als Konsequenzen der theoretischen Überlegungen sind die Notwendigkeit einer Institutionalisierung sowie eine Optimierung der (umwelt-)rechtspolitischen Steuerung unter Nutzung reflexiver Gestaltungsansätze abzuleiten.
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The Relationship Between Psychoactive Substance Users and Animals
Views:29The purpose of the study is to present the wide-ranging relationship between psychoactive drug use and animal welfare based on a literature review. The relationship between drug users and animals is on the one hand under-researched, and on the other hand there are no developed protocols regarding the issue, even though the issue has significant human health and animal welfare effects. There is little awareness of how the positive health and psychological effects of animal keeping could be properly applied to the recovery of people suffering from addiction. There are encouraging initiatives, but there is a lack of a systemic approach to the issue from the side of academic life, professionals and the state, from the protocols, and from the training of people in the helping professions. In Hungary, both psychoactive drug consumption and animal keeping have a detailed and developed legal background, however, the mapping of their connections is still pending. While the literature focuses more on the aggressive actions that addicts may be prone to, practitioners tend to emphasize the supportive force that a companion animal can provide in recovery. In light of all of this, further studies on the subject are recommended, and it would be worthwhile to consider the systematic, more consistent and conscious integration of the use of animals at the legislative level and into some therapeutic protocols.
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The Importance of the Offender's Personality in the Infliction Process, Particularly as Regards the Criminal Records
91-108Views:281During the infliction process, the judiciary needs to take into account the accused person’s personal circumstances, a process which also consists of the thorough exploration of the criminal records of the accused. It has to be considered whether the accused has committed any crime, and has been sentenced before, and if they have been, how many times, when, for what crime, and, last but not least, what the sentence was. These factors may greatly influence the inflicted punishment as a clean record is usually considered by the judiciary as a mitigating circumstance, while recidivists, offenders who pose an increased risk to society, are more seriously penalised. The penal literature of the last few decades lacks thorough studies on the previous criminal records of offenders. In my study paper and research, I attempt to make up for this shortage by examining the criminal records of the offender as a criterion of the infliction process. My aim is to present the actual judicial practise beyond the effective legislative environment and call attention to certain anomalies.
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Sustainable development in the EU: Review on Zsuzsanna Horváth’s Book
158-163Views:287Review on Zsuzsanna Horváth’s Book, the title Sustainable development in the EU. (Fenntartható fejlődés: Fenntartható termelés és fogyasztás az Európai Unióban. Dóm–Dialóg Campus, Budapest–Pécs, 2016.)
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Editorial
9-11Views:167In 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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Editorial
7-9Views:157In 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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Judging Homicide Cases: Legal Rules and Practice of the Regional Court of Appeal of Debrecen
113-130Views:117The Autor examined the sentencing practice of the Regional Court of Appeal of Debrecen in homicide cases. The conclusion of his paper is, based on the examination of relevant case law, that courts regard the medium of the custody range as a basis for sentencing in homicide cares. This practice is independent of the relevant requirements provided by the General Part of the Criminal Code. The author also states, according to the examination mentioned above, that a life impissonment without the possibility of parote, is only exceptionally in the recent practice.
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Goodbye Exequatur Proceeding
69-83Views:169Am 10. januar 2015 begann eine neue Zeitrechnung für das Zivilprozessrecht der Europäischen Union. Die Brüssel I. Verordnung (44/2001/EG) als wichtigste rechtsquelle wurde mit einer Neufassung (1215/2012/EU) abgelöst. Die neue Verordnung schaffte die Vollstreckbarerklärung (Exequatur) als zwischen der Anerkennung ausländischer Entscheidungen und derer Vollstreckung keilendes Verfahren ab, was in der Rechtsliteratur als Paradigmenwechsel bewertet wird. Aus diesem Anlaß stellt der Verfasser eine Bilanz auf. Ihre Abhandlung befasst sich mit der rechtlichen Natur der Vollstreckbarerklärung, mit der Anwendung der Verfahrensregeln in dem ungarischen Rechtsverkehr und widmet ein Kapitel den Argumenten und Gegenargumenten in Bezug auf die Abschaffung der Vollstreckbarerklärung.
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Privacy Issues Regarding the Use of Web Cookies
43-58Views:352EU cookie laws have been in place since 2011, but before the entry into force of the GDPR, the conditions for consent were interpreted differently across Europe. Since the GDPR came into effect, there has been a great deal of interest in how it applies to cookies and similar technologies. The GDPR updated the EU’s longstanding digital privacy framework, with key additions including tightening the rules around consent as a legal basis for processing personal data. The purpose of this study is to clarify for data controllers the rules they need to pay attention to, in order to ensure that the use of cookies on its websites is strictly in accordance with applicable laws
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Textual Empiricism and Analytical Legal Doctrine: Legal Analysis Sub Specie Linguae
105-125Views:132In the article the author outlines the basics of a legal methodology (called textempiricism and analytical legal doctrine), which is consistently language-oriented and empirical. It rests on a relatively simple, seemingly obvious assertion: in order to qualify as scientific proposition, legal propositions need to correlate to authoritative legal texts as empirical linguistic facts. This stance defines the necessary starting point for and primary direction of legal research as well as the terms of legal theorizing, or the methodological foundations of the critique of general legal statements.
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Current Challenges of Confidentiality and Publicity in the View of Information Security
24-41Views:171The paper analyses the issues of confidentiality and publicity, arising from current information security legislation in Hungary. First of all the information security as a state task is analyzed. In Hungary, the information security controls of state and local government entities are regulated. Afterward, on the one hand, the information security as a tool for data protection regulation, state secrets and freedom of information were discussed. On the other hand, information security can be an object of the law, when the protection of security controls is required. One of the main findings of the research was that the information security controls applied at state entities are generally public data (according to freedom of information regulation). Thus it might not stay confidential. We formed proposals to solve this issue.
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About the necessity of a new criminal act: or notes on the criminal offense of agreement in restraint of competition in public procurement and concession procedures
99-121Views:455The criminal act included in Subsection 1 Section 420 of Act C of 2012 on the Criminal Code (hereinafter referred to as Criminal Code) is the only one in the entire Criminal Code where the disposition includes the public procurement procedure as an element of the criminal act. In spite of this, further punishable criminal acts may be associated with the public procurement procedure which are inevitably committed or completed in terms of the legal stadia of the crime, provided that any criminal relationship is established between the parties when public funds are allocated during the course of a tendering procedure.
The non-exhaustive examples of the – examined – conduct subject to proceedings show that the basis of an unfair public procurement procedure is the committing of any of the corruption criminal offenses, and then, after the public procurement procedure had been concluded, the felony of agreement in restraint of competition will constitute the criminal act without prejudice to the ne bis in idem principle, i.e. the criminal act specified in Subsection (1) Section 420 of the Criminal Code is not the definition of public procurement corruption. In order to verify this, I will outline what I personally understand as public procurement corruption.
The primary aim of the study is to support the argument that the delict referred to above is unable to fulfil the intention of the legislator, namely decreasing public procurement corruption. As a secondary focus, the reasons behind the necessity of a new criminal act are referred to.
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Editorial
6-7Views:239Editorial of the second issue of the journal.
In 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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Financial Support System of EU – EFTA (Member States) cooperation
62-85Views:176The economic cooperation between the EU and EFTA states constitutes a special cooperation form in several ways: the actors of cooperation (economic integrations and their Member States), the legal and institutional framework and the budgetary relations also have unique features. In our study the rules and changes of the EEA and Norwegian Financial Mechanism, as well as the Swiss Contribution are analyzed from aspect of integration theories and financial law. In the framework of historical analysis and comparative method the financial instruments of EFTA states are compared with the EU Cohesion and Structural Funds with the help of evaluating statistical data.
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Neighbouring Rights of Press Publishers: Issues Relating to Transposition
Views:250Press publishers spend billions on producing quality journalism each year. While the costs of producing well supported, quality journalism manifest in producing the original content, i.e. the very first copy, further costs – due to digitization – are negligible. Parallel to this, prosperous business models thrive on re-using articles in press publications, as well as optimizing them for search and social media platforms attractive enough to generate huge amounts of advertising revenue. But not for the those who actually make the content. The European Union seeks to persuade large digital companies to take part in the financing of European content, mainly through competition law or by taking steps to improve the competitive position of European companies. The rules relating to press publishers of the EU Copyright Directive of 2019 intend to serve this purpose and will be analysed in this paper.
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The Question and the Means of Tax Liquidity in Tax Law System
128-150Views:142The paper scrutinizes the definition, the general and the legal characteristics of tax liquidity. It is a very essential question as to whether taxable persons have enough money to fulfill the obligation of taxpaying, secure their abilities to pay taxes in the future. The tax liquidity can be analyzed specially in the field of duties, ordinary and extraordinary taxes of wealth and natural justice. The legislator can regulate different legal institutions to fulfill the requirement of tax liquidity: it can prescribe for example various allowances, the possibility of deduction or it can ensure different possibilities in the field of fairness.
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Editorial
6-7Views:311In 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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White Book and Strategy: AI Regulation Initiations in the European Union and Hungary
119-137Views:342Artificial Intelligence (AI), alongside green solutions and the suddenly exploding COVID-19 pandemic, is one of the most important buzzwords of the 21st century in a growing number of areas of society and economy. Despite this, the regulation of technology is still in its infancy in all parts of the world, and neither the European Union nor Hungary are exceptions. But there are already documents and proposals that will form the basis for future legislation in the aforementioned territories. This article analyses these from several perspectives, as well as comparing them with the hopeful goal of bringing them closer to each other.
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Editorial
7-9Views:144In 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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Editorial Preface
9-11Views:140In the preface, the content of the given issue is described by the editor. 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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The Role of the Local Goverments in the Changed System of Environmental Public Administration
79-93Views:211This study investigates the transformation of environmental protection as a specialized administrative duty in Hungary, with special attention on the (changing) roles of local self-governments in this area. Following the outline of the general correlations within the topic, the study inspects several individual administrative fields, with attention given to the relationship with environmental protection policies. Our plan is to extend this analysis in the future, in hopes of covering additional specialised administrative areas as well. Our firm opinion is that the solutions provided by the sectorial approach inherent in our administrative system proved to be ineffective insolving today’s global issues. To ensure an effective environmental protection strategy, the organizations of public administration must be involved with larger roles assigned to them. Although the methods of regulation in this area are diverse, the most widespread approach proves to be the direct administrative intervention, even nowadays.
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The Financial Intermediation System in the Service of Environmental Protection or Green Financial Solutions
129-140Views:252In the present study, we have presented the activities and measures of the financial sector that support environmental protection and take into account climate change. To this end, existing international organizations have adopted documents to promote the use of climate-neutral green financial solutions by consumers, and new international organizations have been set up specifically for this purpose. The most successful of such organizations is NGFS, which currently has more than a hundred members. We have seen that the Hungarian National Bank has also taken a number of measures, announcing a program to green the financial sector.
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Editorial
7-8Views:150In 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.