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Theoretical and Applied Law

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No 3 (2020)
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ARTICLES

6-18 665
Abstract
The article reviews the changes of the service provision system, especially the structure of the Hungarian social care. Firstly, theoretical and international backgrounds of the topic are shown. Secondly, the article presents the transformation of the Hungarian social care in the last decades. Here, a tendency of concentration and centralisation can be observed. Thirdly, the mixed nature of the Hungarian municipal social care system is analysed, which system have been strongly centralised in the last five years. The effects of the centralisation are analysed as well, the article shows, that the changes of the funding have the most significant impact on the spatial structure of the service provision.
19-35 412
Abstract
While it is not new that Nigeria is challenged by a huge infrastructure deficit, the COVID-19 pandemic has exposed the country’s comatose healthcare system. Given the country’s dwindling revenue, massive debt profile and the inability of the public-sector to efficiently manage public facilities in the country, this paper examines how the public-private partnership model of infrastructure procurement can be deployed as a solution for Nigeria’s healthcare crisis. In addition to the above, this paper takes a look at how a partnership with the private sector can aid Nigeria’s quest towards achieving healthcare-related Sustainable Development Goals. The paper also considers two healthcare-based projects as case studies to serve as lessons for future projects in the country. Among others, the paper recommends a holistic long-term solution for the country’s healthcare needs.
36-46 1726
Abstract
One of the urgent problems requiring special research is the comprehensive crisis of legitimacy that accompanies globalization, and one of the manifestations of which is the fragmentation of the phenomenon of legitimacy due to the fragmentation of the mechanisms of legitimation associated with different aspects of legitimacy being: power legitimacy, religion legitimacy, moral legitimacy, etc. State power legitimacy crisis has political and communicative grounds, such as: problematization of state sovereignty existence and state power existence; expanding political and non-political actors will to power; partial or complete lack of political will among citizens, which in turn is caused by a low level of public involvement in politics, which in turn is due to the usual functioning of political communication. The rules of language games (political, legal, cultural) are not created by the participants themselves in the result of a consensus-communicative discourse, but are set from the outside and are no longer shared by all members of a particular communicative community. The shaking of habitual traditions and norms of behavior leads to the imposed rules rejection and disruption of the consensus-communicative public discourse mechanisms functioning. These circumstances require a rethinking of the very phenomenon of power and the development of strategies for overcoming the crisis. From the point of view of a deliberative strategy (J. Rawls, J. Cohen, J. Habermas, S. Benhabib), the organization of a communicative power could become a way out of the crisis. This process requires all interested in the decision parties consensus expression. According to the agonistic strategy (C. Mouff), power is not interpreted as a purely external relation that develops between two given identities, but as something that establishes these identities themselves. According to J. Rawls and J. Habermas, it is necessary to find a way to eliminate power, because the more democratic a society is, the less power is present in its social relations. But according to C. Mouff, power relations are the basis of social relations, and the main issue of democratic politics is not how to eliminate power, but how to create such forms of power that could be more compatible with democratic values. Both approaches have the ability to bring the legitimacy of power out of the crisis, as long as the authorities will demonstrate its creative potential , which consists in protecting the fundamental rights of citizens; harmonious combination of public and private spheres; freedom realization.
47-64 6188
Abstract

The article examines the main stages of the evolution of the civil process in Ancient Rome. On the basis of extensive legal, historical and cultural material, it has been proved that the evolution of Roman procedural law refl ects the general laws of the development of the legal order of the Ancient world. The author highlights three major trends in the historical dynamics of civil proceedings in Rome: first, the strengthening of the role of the state; secondly, the unequal ratio of the formal and semantic aspects of the civil process at various stages of its evolution; third, the modification of the form of claims.

As shown in the work, the form of claims provided for by Roman private law has evolved from the commission of non-verbal actions to oral statements and written documents. The trends considered are due to the general cultural patterns of the evolution of Roman private law and typologically identical legal orders of antiquity. The work highlights two such patterns: firstly, the transition from non-verbal gesture communication, first to oral speech, and then to written communication in the legal sphere. Secondly, a phased transition from regulation, carried out mainly based on the subjective rights and obligations of the participants, to normative regulation.

According to the author, the visual manifestation of these patterns in the Roman civil procedure makes it a universal model for studying the evolution of the legal order of the Ancient world. 

65-72 767
Abstract
This article describes the process of development of Antitrust Law in Japan. The characteristic features of Japanese antitrust regulation in the historical perspective are presented. The effectiveness of the legislation and its problematic issues are analyzed. On the basis of the study, the author propose measures aimed at solving one of the problems of modern antitrust law in Japan, which is contrary to the administrative guidance.
73-78 564
Abstract
This article discusses the concept of jurisdictional immunity. The problematic provisions related to the understanding of jurisdictional immunity in theory, legislation and judicial practice are presented. The international and national legislation related to the status of the state upon its entry into private law relations is analyzed. Based on the study, the authors propose measures aimed at creating a unique approach in understanding the jurisdictional immunity of the Russian Federation.

ESSAYS

79-83 391
Abstract
This article is devoted to the actual problem of analyzing the signs of an additional payment for excise duties, the obligation to pay which arises in connection with exceeding the maximum volume of sales of excisable goods at the end of the calendar year. The article analyzes the problems of tax regulation calculation of an additional payment by the settlement method when determining the unfounded tax benefit received by the taxpayer.
84-88 399
Abstract
The issue of contractual stability between clubs and coaches has been raised more than once in the decisions of the Court of Arbitration for Sport. However, this issue is still relevant, since there are often disputes between clubs and players and coaches regarding the validity of termination of the employment contract with them. The article raises questions related to the interpretation in the practice of the FIFA Players’ Status Committee and the Court of Arbitration for Sport of the concepts of efficiency and productivity of players, coaches, and achieving a certain result in work. The author considers the problem of termination of employment contracts with players and coaches due to non-compliance of their professional qualities with the standards declared by clubs, and the application of sanctions to players on the basis of this. In addition, the use of the generalized term “professional qualities” in relation to such disputes is proposed and justified, and the prospects for using the CAS practice in the future are noted.


ISSN 3034-2813 (Online)