Medical documentation represents a document on development of patient’s illness and treatment, i.e. each record containing data on health condition of a patient, as well as the way of work on the place of the provided health protection, which means every document provided by the health institution, signed by a health-care worker, in most cases doctor of medicine. In view of its contents, medical documentation represents a set of all the documents which contain professionally relevant data on patient’s illness and his/her health condition including the instructions on treatment and the instructions aimed at execution of patient’s rights on health care (Act on Protection of Patients’ Rights). This documentation consists of the data on patient’s health condition, which is on disposal to and kept by the patient. The legal aspects of this documentation are rather complex. Therefore, they appear in a number of legal provisions.
The instituting and leading of a civil procedure requires various expenses incurring from the performed acts of the civil procedure, which have to be previously covered by the contending parties. The expenses of a civil procedure can represent a substantial financial burden for an indigent litigant, especially if the civil procedure lasts for a long period of time. Therefore, it is an important issue which a litigant will pay the expenses arising from the particular lawsuit. The author of this article analyses the legal problems of a case from the legal practice referring to the decision making on legal expenses, i.e. unequal application of the provision of Art. 159, § 1. of the Act on Civil Procedure by various courts. He concludes that the litigants can agree in the court settlement that the court of first instance decides on legal expenses taking into consideration the success made by a particular litigant in the lawsuit, and not to decide that each litigant has to pay his/her expenses in accordance with the provision of Art. 159, § 1. of the Act on Civil Procedure, considering that the parties have not agreed differently.
The Municipality Court depends according to the Croatian Civil Procedural Law on the final decision of the Criminal Court regarding the existence of the criminal offence and criminal liability of the offender, by which the defendant is pronounced guilty within its finality limitations. On the other hand, the Criminal Court is not bound to the possible decision of the Municipality Court that a particular criminal act has been committed. The author of the text analyses to what extent the decision of the Municipality Court has the impact on the criminal proceedings. The topic area is the limitation zone between the civil and criminal lawsuits, i.e. the places where these overlap and where one type of lawsuit crosses into another and vice versa. It is also questionable to what extent this connection spreads upon determination of the crucial facts for the solution of a concrete civil issue in the criminal procedure. In the opinion of the author of this article the Criminal Court should not solely deal with the status of the previously mentioned issue in the case the final court decision exists or is expected to be made soon.
The Act on Volunteerism came into force in the middle of this year. It defines, among other things, the basic principles and conditions of volunteering, rights and obligations of volunteers and volunteering organisers, contract on volunteering, issuing of volunteering certificate, state award for volunteering. According to this Act volunteering is defined as the activity of interest for the Republic of Croatia which improves the life quality, actively includes persons in social affairs and develops more human and more equal democratic society. The Act on Volunteerism determines volunteering as self-imposed investment of one’s spare time, effort, knowledge and skills, by which services or activities are carried out for the benefit of other persons or general welfare, performed by the persons in the way defined by this Act, without existence of liabilities for payment, cash reward or some other benefits for the performed voluntary work.
Since the new Act on Rendering Tourist Services came into force there have been some open issues. Although this Act has a public character it contains a number of provisions of Obligatory Law as a result of inclusion of the Council Directive 90/314/EEC on Package Travel, Package Holidays and Package Tours (Official Gazette L 158, 23/061990 p 0059- 0064) of June 1990. This Act thus provides the unclear and insufficiently included Directive provisions in the Obligatory Relations Act referring to the contract on holiday organisations. On the other hand, the probability of following these regulations in the practice is higher due to the misdemeanour liability of the subjects who do not respect them. The above stated misdemeanour acts are determined according to the Act on Rendering Tourist Services.
The globalisation process brings, among other things, the mobility of labour force, which results in the difficulties of determination of the residentiality of individuals. In practice there are often dilemmas referring to obligatory relations, legal procedures as well as documents and approvals which expatriates have to accept upon entering our country. All these allow them to act legally as members of the management board, employees, advisers, members of domestic companies and representatives in the above stated companies. Therefore, it was necessary to determine the legal provisions for residence of expatriates in the Republic of Croatia, which was made by the new Act on Expatriates coming into force at the beginning of the next year. Referring to the above stated facts and especially to the tax residentiality of expatriates significant are the provisions from the Model Convention with Respect to Taxes on Income and on Capital in Model Tax Convention on Income and on Capital.
This article gives a short discussion on protection from eviction. At the very beginning, two different notions have to be distinguished: eviction itself and protection from eviction. Eviction consists of legal action of third person directed against the acquirer of right (that has been acquired from the alienator) with the aim of limiting, decreasing or depriving the acquirer of his/her right. The protection from eviction includes certain subjective rights of the acquirer (purchaser) against the alienator (vendor) in case the request (action) for eviction has been laid. The contents of these acquirer’s subjective rights includes a demand toward the alienator for protection against legal actions of the third person, and if this fails, the right on termination of contract (in case termination does not occur on the basis of law), the right on repayment for the paid compensation (price) for evicted right (in case of sales, thing), the right on damages and repayment of the costs incurred. Furthermore, it was important to analyse the relationship between rules of civil law related to the protection of ownership and acquiring of real rights with confidence in legal transactions and the rules on protection from eviction because they are supplementary to each other.
The text deals with the key elements of the concept regarding the improvement of administration activities carried out in the Town of Opatija. This includes: the starting political and programme orientation, some general issues on management of human resources in the public administration (specifics of the legal framework, relation between politics and administration, professionalism, key staff, draft of the environment of administration organisations), structure of human resources of the Town of Opatija – situation at the beginning of 2006, reasons for modernisation activities, reactions of the employees at the beginning, the main groups of the activities so far and further plans.
Marking of quality of products and goods is defined as plotting on a product or packaging the corresponding marks of compatibility or other marks showing specific technical and other characteristics of these products, which undoubtedly confirm that a specific product fulfils all the conditions referring to the required quality or that it has properly been tested and certificated. This mark can be formulated as a word, an expression, a drawing, a picture or other elements and must always contain a precise remark that this is a quality mark. The use of such quality marks provide the complete information to the sales companies and final consumers. Therefore, it is expected that the Croatia’s entrepreneurs will more and more require awarding of such quality marks and use them in order to protect and improve their business activities.
Partnership is a community of persons and goods without legal personality. The institute of partnership is determined by the Act on Obligatory Relations. The basis of establishment of a partnership relation is the contract on partnership, according to which two or more persons are mutually obliged to invest their work and/or property in order to achieve the common goal. These persons are called partners. Partnership has its own property consisting of partners’ shares (share capital) as well as the property acquired by the business operations of the partnership. The partnership property is the common property of the partners. As mentioned before, partnership begins with the contract and ends with the completion of the goal of the partnership or if its completion becomes impossible, through expiration of the partnership contract, bankruptcy of the common property, mutual agreement of the partners, death, i.e. termination of partnership, leaving or exclusion of one of the partners if partnership consists of two partners, or according to the court decision on partnership termination due to a significant reason.
Tax frauds, especially within the VAT and excise duty system, represent an important problem of the European Union. The main sources of the tax frauds in the EU represent the complex frauds in the VAT system in the sectors with high tax bases and where a large number of small tax payers is included. The practice in some EU countries has shown that the reverse charge mechanism, which refers to the transfer of VAT liabilities from the seller to the buyer, represents an efficient means against tax frauds in the construction business, where on the position of the buyer is a large tax payer (contractor) and on the position of the seller there is a large number of small tax payers (sub-contractors), which become unavailable to the tax authorities after collection of payment from the contractor for the rendered services or delivered goods.
U ovom radu daje se prikaz 120. tribine Kluba pravnika grada Zagreba, održane 14. lipnja 2007. na Pravnom fakultetu u Zagrebu pod nazivom "Suci i odvjetnici - odgovornost za stanje u pravosuđu". Uvodno izlaganje održao je Branko Hrvatin, predsjednik Vrhovnog suda RH i Leo Andreis, predsjednik Hrvatske odvjetničke komore.
Uvod
Stanje u pravosuđu s gledišta sudačke struke
Položaj i stajališta odvjetništva o stanju u hrvatskom pravosuđu
Današnja percepcija javnosti o hrvatskom pravosuđu
Korištenje olakšica pri preseljenju predmeta kućanstva prije doseljenja korisnika u Republiku Hrvatsku
Oslobođenje od plaćanja uvoznih davanja na kamen za obnovu crkve
Raspolaganje ovlaštenim carinskim zastupnikom, kao uvjet za vođenje carinskog skladišta
Uporaba motornih vozila strane registracije u Republici Hrvatskoj
Prijenos prava prema članku 102. CZ-a kod plovila namijenjenih za charter djelatnost
Oslobođenja od plaćanja carine i PDV-a pri preseljenju predmeta kućanstva stranoga državljanina - stalni boravak
Oslobođenja od plaćanja carine i PDV-a pri preseljenju predmeta kućanstva stranoga državljanina - privremeni boravak
Povrat poreza na promet proizvoda stranim državljanima
Rok zabrane otuđenja osobnog automobila uvezenoga uz olakšicu civilnog invalida
Uredba o izmjenama i dopunama Uredbe o provedbi carinskih mjera u vezi s robom za koju postoji sumnja da povrjeđuje određena prava intelektualnog vlasništva
Primjena nulte stope PDV-a na lijekove
Primanje/slanje robe izvan uredovnog vremena carinarnice kod statusa ovlaštenog primatelja i pošiljatelja
Zdravstveno-sanitarni nadzor kod smještaja robe na carinsko skladište tipa "D"
Popunjavanje obrasca PDV-P
Naputak za postupak izdavanja odobrenja i provedbu pojednostavnjenih postupaka deklariranja
Izvanredni otkaz zbog manipulacije evidencije rada - poništavanja kartice za evidenciju rada od strane kolege kao važan razlog - prethodna opomena nije potrebna