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1

POROVNANIE VYBRANÝCH ASPEKTOV PROCESNOPRÁVNEJ ÚPRAVY ZÁKONA O DOHĽADE NAD FINANČNÝM TRHOM A SPRÁVNEHO PORIADKU

100%
Slezáková A.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2018
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vol. 101
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issue 3
267 – 283
EN
One of the subsections of financial law is financial market law consisting of a set of legal norms governing the regulation and supervision of the financial market, the conditions for the conduct of financial intermediaries‘ activities, the protection of financial consumers and financial instruments. We pay attention to a group of socio-economic relations that can be subsumed under the notion of financial market supervision. Macro-prudential, micro-prudential supervision as well as supervision in the area of financial consumer protection are carried out by the National Bank of Slovakia. Within the framework of financial market supervision, the National Bank of Slovakia conducts, among others, proceedings, grants, licenses, approvals and prior approvals of the National Bank of Slovakia, imposes sanctions and remedies and issues other decisions. The legislation governing selected decision making processes in the financial market sector has undergone certain developments, from the application of the law No. 71/1967 Coll. on the Administrative Procedure (Administrative Procedure) as amended up to Act No. 747/2004 Coll. on supervision of the financial market and the amendment of certain regulations as amended (hereinafter the “Financial Market Supervision Act”), which excludes the application of general regulations on administrative procedures. The article focuses on the selected common elements and the most important differences in the regulation of the third section of the Financial Market Supervision Act, referred to as the procedure in supervisory matters and the administrative procedure.
2

FUNDAMENTAL ASSUMPTIONS OF THE NEW POLISH JUDICIAL-ADMINISTRATIVE PROCEEDINGS IN THE LIGHT OF NORMATIVE FEATURES OF THE SELECTED PROCESS INSTITUTIONS

88%
Kaminski M.
Archivum Iuridicum Cracoviense
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2006
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vol. 39-40
23-40
EN
This paper considers the selected process institutions of the new judicial-administrative proceedings in Poland. The analysis of normative material (first of all the Act - Law on proceedings before administrative courts) has been connected with the presentation of theoretical views, which are generally accepted in the Polish science. A starting point for considerations is the presentation of development of the Polish administrative jurisdiction after World War II. The second part of the paper deals with the normative bases of administrative jurisdiction in Polish Constitution. It includes considerations about the constitutional norms, which can be regarded as premises of the structure of administrative courts and the judicial-administrative proceedings. The third part is devoted to the analysis of the objective specificity of administrative courts. In the fourth part a problem of the premises of admissibility of the suing of administrative acts and actions for the administrative courts is discussed. The fifth part deals with the presentation of the object of judicial-administrative protection and the range of judicial-administrative recognition and adjudication. It includes especially remarks on the process institutions forming the principles and content of the administrative-judicial control. In the sixth part of the paper the notion of temporary legal protection in the judicial-administrative proceedings is analyzed. The final part presents general notes and conclusions about the Polish judicial-administrative proceedings. .
3

INTERPRETAČNÉ NEJASNOSTI SÚVISIACE S MOŽNOSTOU UZAVRETIA ZMIERU V PRIESTUPKOVOM KONANÍ (EŠTE JEDEN PRÍSPEVOK DO DISKUSIE)

75%
Tomaš L.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2023
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vol. 106
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issue 3
251 – 262
EN
Slovak administrative punishment has long lacked comprehensive legal regulation, both from the point of view of substantive law and procedural law. This results in several interpretive ambiguities. One of the ambiguities in question is related to conciliation in misdemeanour proceedings. Some attention has already been paid to the issue of the possibility of conciliation in criminal proceedings in the current scientific literature. Scientific opinions on the possibilities of resolving a misdemeanour case through reconciliation, excluding the offense of defamation according to § 78 of the Act of the Slovak National Council No. 372/1990 Coll. on offenses as amended, are not uniform and differ. The aim of this contribution is to follow up on the currently produced scientific discourse in the subject area, to develop it substantively and ideologically, and to bring arguments in favour of the possibility of amicable disposal of several cases regulated by the tort law of public administration.
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