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OER Osteuropa Recht
Osteuropa Recht
Editors:
Prof. Dr. Burkhard Breig | Prof. DDr. Dr. h.c. Bernd Wieser | AkadOR’in Dr. Carmen Schmidt | Prof. Dr. Dr. h.c. Angelika Nußberger, M.A | Professor Dr. Dr. h.c. Fryderyk Zoll
Research Methods used to study Western societies are sometimes not suitable for studying non-Western types of legal systems. The ruling groups of these countries often adopt constitutions that do not regulate public relations, but create a positive...
This article describes the reasons for invalidity of legal transactions resulting from a defect of, and/or failure in the expression of will for concluding a particular legal transaction. This contribution begins with an introduction to the...
In 2001, a new penal code was adopted in Ukraine after a comprehensive discussion in politics, legal science and society, replacing a codification of the Soviet era dating back to 1960, obviously unsuitable for the new realities. The new penal code...
The Russian Constitution of 1993 was subjected to its most extensive revision in 2020. The primary purpose of the changes was to strengthen the role of the President of the Republic. In addition, the position of the Constitutional Court was also...
After the collapse of the Soviet Union in the early 1990 s, the Criminal Code of the Russian Federation was enacted only in 1996 after long-lasting political struggles. The main priority of the criminal law changed: protection of a person instead of...
Estonia’s Reform of Criminal Law: Evolution and Evaluation After Twenty Years Following Soviet occupation of Estonia in 1940 and its independency in August 1991, the country enacted its criminal code in June 1992, which was replaced by a new...
In 2012, Hungary enacted a new Criminal Code. The Fidesz government intended this law to embody their ‘new’, i. e. stricter criminal policy. The core piece of that policy, a sort of ‘three-strikes-and-you-are out’ rule, was very soon struck...
The article presents the issue of capacity to act under Polish law and discusses the essence and definition of a natural person’s capacity to act in law. Whereas the article focuses on the different types of capacity to act (no capacity, limited...
The coexistence of the Civil Code and the Economic Code is a speciality of the Ukrainian legal system which distinguishes it from the most other jurisdictions in the post-Soviet area. The Economic Code is controversially discussed among legal...
The constitution of the Estonian Republic determines the basic elements of the status of people providing for general right to freedom and personality rights. The Civil Code regulates the concepts of full and limited legal capacity of natural...
In Romania, the protection of persons with mental health disorders concerns various legal institutions central to civil law. The protective instruments in place vary between general instruments of civil law (Civil Code of 2009 and special measures...
Cybercrime, including cryptocurrency-related cybercrime, has become widespread in recent years. Despite a thorough study of cybercrime issues, there is still no legislative position on the legal regulation of cryptocurrencies and the responsibility...