AMNESTY AND PARDON UNDER THE SLOVAK LAW AND THEIR UNIQUE STORY

The article analyses a unique phenomenon in the Slovak society - amnesty that has been abolished nearly twenty years later after it was granted and this procedure was confirmed by the highest authority that oversees constitutionality - the Constitutional Court of the Slovak Republic. The authors focus on the analysis of this phenomenon from a comparative law perspective and from the perspective of national constitutional and criminal law. An interesting and sadly amusing case when the amnesty granted by the deputy president was abolished twenty years later is apparently unique worldwide. The uniqueness of this case lies in several aspects which deserve a more detailed legal analysis. There is a limited number of cases worldwide when amnesties were abolished but these cases have always concerned either an amnesty related to a war conflict genocide or an amnesty related to a mass destruction of people for political reasons. This was not the case in Slovakia. In 1998, Vladimir Mečiar, holding the office of the prime minister and, at the same time, the deputy president, firstly granted amnesty in connection with the dismissal of the referendum on the direct election of the president and, in particular, in connection with the kidnapping of the son of the former President Michal Kovac. The case also featured an individual pardon granted by President Michal Kováč to his son on suspicion of economic crime. This is just the beginning of the story with very serious and far-reaching legal consequences

ADMISSIBILITY OF AN AGENT PROVOCATEUR AND AN ADVOCATE ACTING AS AN AGENT

The issue of an agent in criminal proceeding has been the topic of scientific discussion for several years in European countries as well as in the Slovak Republic. In particular, the topic of agent provocateur is constantly interesting and controversial in a view of its problematic practical implementation in relation to the national legal regulation of that institution, existing jurisprudence, including the practice of the European Court of Human Rights. This issue is worthy another discussion because there are many opinions that it intervenes into the fundamental rights of individuals and many lawyers point out that is not in compliance with the basic principles of the democratic state respecting rule of law. Theoretical aspects of the topic have caused its complicated way of application in the relation to respect towards the basic principles of the democratic state respecting rule of law By analyzing and comparing the domestic regulation, case law of domestic courts and the European Court of Human Rights the authors have ambition to suggest different views on problematic aspects of this institution, especially its form as agent provocateur. Special attention is dedicated to the question whether a lawyer, concretely advocate can act as an agent. The nature and purpose of all these institutions, including the question of legal entrapment, raising polemics dividing the society. The article does not aim to offer one satisfactory solution. The reason is, as the reader will have a chance maybe to come to the same idea, there are many different state approaches worldwide and especially in the States of the Council of Europe, which affected different ways of understanding of the Agent Provocateur, its role and purpose in the democratic state with rule of law. The authors´ intention is to seek arguments acceptable for both parties to the dispute

Challenges for social policy and health policy in a shared economy

The rapid and unrestrained growth of the shared economy segment surprised the legislators, theorists and scientists in labour law. The enormous development of the shared economy and digital platforms surprised many areas of social science that were unable to respond proactively and provide reliable solutions to emerging problems, that arise from the absence of basic rules and at least in partial regulation of the modern economy. There is no quality psychological and sociological research that would pave the way for legislation. Available psychological studies of the behaviour of the upcoming generation of “millennials” suggest some incentives for change, but not as much as the solution to the problems would require. In the article I will try to outline the social and health aspects of the shared economy that entails the philosophy of not owning, but borrowing. We will also focus our attention on the criminal aspects of undeclared work, possible tax evasion and unbalanced competition as a result of the organic development of the shared economy and digital platforms