Juridical Tribune - Tribuna Juridica

10

Authors: Associate professor Maria-Luiza HRESTIC; Lecturer Ivan Vasile IVANOFF

Public administrator is a new function, which was introduced into the Romanian legislation by the Law no. 286/2006 amending and supplementing Law no. 215/2001; the management contract, under which public administrators carry out their responsibilities, is not defined either by legislation or by doctrine, because there are various opinions in the specialty literature ranging from its qualification as a labour contract to the civil nature of this legal relationship. In this article, we try to provide a basis for the administrative contract view about the management contract concluded between a public administrator and the public executive authority within an administrative territorial unit.

12

Authors: Professor Oleкsandr SHEVCHUK; Postgraduate student Anastasiia YAROVA

The purpose of the study is to analyze certain legal problems in the development of the administrative-legal institution for preventing and resolving conflicts of interest in the healthcare sector. This article is based on an interdisciplinary approach using methods of analysis and synthesis, as well as comparative legal, dialectical and systemic methods. The concept of "prevention and settlement of conflicts of interest in the field of health care" is proposed, and the design of "administrative-legal institution for the prevention and settlement of conflicts of interest in the field of health care" is defined and its types are established. The analysis of the concept of "conflict of interest" in the scientific literature, national and international legal documents, in the legislation of foreign countries was carried out, the definition of "conflict of interest in the field of healthcare" was proposed. It has been established that in the legislation of certain foreign countries, the legal provision of a conflict of interest in the field of health care is carried out at the level of a special law "On Conflict of Interest", or provided for in laws on the prevention of corruption, or (in some states) also in a regulatory legal act in the field of health care. The elements of a conflict of interest in the field of healthcare (real or potential) are disclosed, their content is clarified. The elements of a conflict of interest in the field of healthcare (real or potential) are disclosed, their content is clarified. Two ways of resolving a conflict of interest in the healthcare sector have been identified: external and independent. It is established that the prevention and resolution of conflicts of interest in the healthcare sector consists of the following components: (1) prevention, (2) informing, (3) refraining from actions or decisions, and (4) settlement.

16

Authors: Associate professor Bekim NUHIJA; Teaching Assistant Stefani STOJCHEVSKA; Professor Adnan JASHARI; Assistant professor Arta SELMANI-BAKIU

Mankind often seeks solutions to climate change and environmental crises, but rarely considers the feasibility of outer space to overcome such critical issues. Among many solar geoengineering approaches is stratospheric aerosol injection (SAI) whose concept suggests artificial control of the global temperature by spreading tones of sulfur dioxide into Earth’s stratosphere. Given that the classic ‘technology control dilemma’ represents the central problem of solar geoengineering governance, however, this paper adopts a Venus-Earth comparative planetology method by addressing volcanology and atmospheric circulation aspects. An international regulatory framework engaging space law in solar geoengineering governance is consequently presented, which classifies two separate legislations: (1) research-based legislation (comparative planetology and Earth science) and (2) non-research-based legislation (national and international governance, ethical issues, economic factors, military utilization). Further highlighting climate change issues, SAI manifests the Anthropocene and regards Earth’s stratosphere as an “inner environment”, while comparative planetology manifests the Anthropocosmos and regards space as an “outer environment”. This polymorphous consideration of atmospheric and space elements identifies a new approach of climate change techniques. Human relations that concern both environments should examine how social scientists would regard these separate boundaries or perceive them as a mergence between the two major epochs.

19

Authors: Professor Tekla PAPP

The author addresses questions raised in the professional literature of public law (e.g.: the applicability of the Hungarian Civil Code to public law contracts), alongside the contradictions (e.g.: there isn’t a unified set of denotations and categories) and problems included therein, and the one-sidedness thereof (the disregarding of the respective works of private law). We analyze the selected material by concisely explaining the relation between public law and private law in Hungary. The author pays special attention to the Hungarian public law definitions as well as the contract-types with their characteristics, and finally, conclusions are drawn, and compatible perspectives are proposed.