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Dynamic Elements in the Contemporary Business Law Dobrinka Chankova (ed.) Ivan Pankevych (ed.) Dynamic Elements in the Contemporary Business Law Dynamic Elements in the Contemporary Business Law Editors: Dobrinka Chankova Activity Dobrinka Chankova, PhD, is Professor of Criminal Procedure Law at South-West University, Blagoevgrad, Bulgaria. From 2004 until 2018 she lectured on Mediation in Penal and Civil Matters at New Bulgarian University, Sofia. Guest-professor at many foreign universities. She is the Chair of the Institute of Conflict Resolution in Sofia and has served as an expert of the National Assembly and Ministry of Justice of Bulgaria and of the Council of Europe Committees on Crime Problems and Media- tion in Penal Matters. Mediator, founder and member of the Board of the National Association of Mediators, Bulgaria. Member of the European Forum for Restorative Justice, World Society of Victimology, the Union of the Scientists in Bulgaria and the Union of the Jurists in Bulgaria. Editor-in-chief of Law, Politics, Administration Journal. Member of the Editorial Board of the European Journal of Policing Studies, US-China Law Review and International Journal of Law and Society. Publications Editor of the Manual for the Local Elections Supervisor, Sofia, 2000 and Human Rights and Their Protection (compendium), Sofia, 2001. Co-editor of A Century of the Criminal Code and Current Issues of Criminal Legislation 1896-1996, Sofia, 1996 and Manual for Education of Pedagogical Staff for School Violence Prevention (V. 1, 2 and 3) Social Fund-Pazardjik, 2008. Sole author of 3 books: Investigation of Perjury, Sofia, 1995, Victim-Offender Mediation, Sofia, Feneya, 2002 and Restora- tive Justice. A Comparative Analysis, Avangard Prima Publishing, 2011. Co-author of Organization of Forensic Expert Investigations in Bulgaria, Sofia, 1994, the e- book: School Bullying and Violence: Taking Action, 2006 and Mediation. Training Manual, Sofia, 2013. More than 30 contributions to books published by Willan Pub- lishing, Lynne Rienner Publishers, Verlag fur Polizeiwissenschaft, Sakkloulas Pub- lications, Eleven International Publishing, LexisNexis, etc. More than 60 articles published in Tokiwa Journal of Human Sciences, LEX RUSSICA, Balkanistic Forum, Juridical Tribune, Romanian Journal of School Psychology, Restorative Justice: An International Journal, Education and Science Without Borders, etc. Prizes Honorary Badge and Diploma for contribution to Victimology - Jindal Global Uni- versity, India; Honorary Diploma of the National Association of Mediators - Bul- garia, 2014; Honorary Diploma of the Union of the Jurists in Bulgaria and the European Association of Lawyers for Democracy and Human Rights, 2010; Cer- tificate of Appreciation of the World Society of Victimology and Tokiwa Univer- sity- Japan; Honorary Badge of the Union of the Jurists in Bulgaria, Sofia, Bulgaria, 2008; Honorary Diploma of Research Institute of Forensic Sciences and Criminol- ogy, Sofia, Bulgaria, 2007, etc. Ivan Pankevych Activity Ivan Pankevych is lawyer, Doctor of Science of Law (Ivan Franko Lviv National University, Ukraine), Doctor habilitation of Legal Science (Polish Academy of Science), professor of the Constitutional, European and International Public Law Department at the University of Zielona Góra, Poland; professor of the Constitu- tional Law and Sectoral Subjects Department at the National University of Water and Environmental Engineering, Rivne, Ukraine; Member of International So- ciety for Human Rights – Ukrainian Section; Member of Society of East Summer School University of Warsaw Graduates; Member of Society of Researchers of Max-Planck Institute of International and Comparative Law in Heidelberg; Mem- ber of German-Polish Legal Society (Berlin). Membership of Editorial Boards of scientific journals, such us Human Rights Studies, Katowice; Scientific series ‘Human Rights-Society-State’ Adam Marszałek Publishing House in Toruń. Member of Ukrainian Bar Association, judge of the Lviv Court of Arbitration at the Chamber of Conciliation Courts of Ukraine. Publications Autor more than 130 publications in the Ukrainian, Polish, English, German and Russian languages (including 7 monographs), such as Tradition of Electivity of the Authorities of Ukraine: monograph / Ivan Pankevych, Ivan Franko, Lviv Na- tional University Publishing House, Lviv (Ukraine), 2015, 488 pp. (in Ukrainian); Pankevych I., Governmental System of Ukraine / Nóra Chronowski, Tímea Drinóczi and Tamara Takács (eds.), Governmental Systems of Central and East- ern European States, Oficyna, Wolters Kluwer Polska, Warsaw (Poland), 2011, 845 pp. (in English); Pankevych I., Principles of Election Law of Ukraine, Inno- vatio Press Publishing House, Lublin (Poland), 2008, 360 p. (in Polish). Dobrinka Chankova (ed.) Ivan Pankevych (ed.) Dynamic Elements in the Contemporary Business Law Contributions to the 9th International Conference Perspectives of Business Law in the Third Millennium, November 8, 2019, Bucharest Bucharest 2019 ADJURIS – International Academic Publisher This is a Publishing House specializing in the publication of academic books, founded by the Society of Juridical and Administrative Sciences (Societatea de Stiinte Juridice si Administrative), Bucharest. We publish in English or French treaties, monographs, courses, theses, papers submitted to international conferences and essays. They are chosen according to the contribution which they can bring to the European and international doctrinal debate concerning the questions of Social Sciences. ADJURIS – International Academic Publisher is included among publishers recognized by Clarivate Analytics (Thomson Reuters). ISBN 978-606-94312-9-0 (E-Book) © ADJURIS – International Academic Publisher Editing format .pdf Acrobat Reader Bucharest 2019 All rights reserved. www.adjuris.ro [email protected] All parts of this publication are protected by copyright. Any utilization outside the strict limits of the copyright law, without the permission of the publisher, is forbidden and liable to prosecution. This applies in particular to reproductions, translations, microfilming, storage and processing in electronic retrieval systems. Preface Editors Professor Dobrinka Chankova South-West University, Blagoevgrad, Bulgaria Professor Ivan Pankevych University of Zielona Góra, Poland This volume contains the scientific papers presented at the Ninth Inter- national Conference „Perspectives of Business Law in the Third Millennium” that was held on 8 November 2019 at Bucharest University of Economic Studies, Ro- mania. The conference is organized each year by the Department of Law at Bu- charest University of Economic Studies together with the Society of Juridical and Administrative Sciences. More information about the conference can be found on the official website: www.businesslawconference.ro. The scientific studies included in this volume are grouped into five chap- ters: Development of the market economy. The papers in this chapter refer to the violation of minority shareholder rights - analysis on the mandatory takeover bid; the contract of transportation according to Kosovo legisla- tion; the administrator - representative or employee of the limited liability company - aspects of comparative law; legal conditions of unusual terms institution; axiological basis for the tax system; characteristics of the dis- solution of non-banking financial institutions; legal regime of private military companies. International business law. This chapter includes papers on: Concept of charterparty as an international contract for engagement of ship for trans- portation of cargo and legal perspective on critical areas of charterparty for avoidance of disputes; cross - border merger - analysis of comparative law; guarantees, rights and obligations in international trade through electronic media; cooperation-based approaches in competition law – the whistleblower versus the prisoner’s dilemma. Criminal law in business context. The papers in this chapter refer to crimes motivated by hate, differentiation and religious discussion in com- pared criminal law (Romania and the Republic of Moldova); drawing to the criminal liability of the legal person; the offense of destroying at fault in the Romanian law; some considerations regarding false testimony in the Romanian law - critical opinions and de lege ferenda proposals; measuring crime; new trends of international tax evasion - international legal regulations and modern combating methods; improving efficiency to combat VAT frauds at the European Union level. Contemporary labor law. This chapter includes papers on: precar- ious work – challenges of labour law in Europe; non-compliance of the law of the remuneration with non-discrimination rules; the professional adequacy and the performance of the employee -dif- ferences and similarities. Public affairs and business law - constitutional developments. The papers in this chapter refer to the constitutional guarantees for ownership rights and the development of the market economy; parliamentary groups - in- ternal structures of the Chamber of Deputies and the Senate - controver- sial aspects on establishing parliamentary groups arising from the parlia- mentary practice. This volume is aimed at practitioners, researchers, students and PhD can- didates in juridical sciences, who are interested in recent developments and pro- spects for development in the field of business law at international and national level. We thank all contributors and partners, and are confident that this volume will meet the needs
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