A construction and reconstruction model of infrastructural and social projects has been developed in the world with the help and participation of a private sector. In that sense, the Parliament of the Republic of Croatia adopted directives for the application of contractual forms of the public – private partnership. The article presents the Directive in which the concept, form and key subjects of public-private partnerships are defined and the advantages as well as shortcomings of this institute are explained.
Supervisory Board is one of the bodies of a corporation. That body has rather big autonomy with regulating its mode of operations. It is usually done by means of the Rules of Procedure to the degree at which it is has not been regulated by means of the Articles of Incorporation. The Law does not prescribe the obligation for the Supervisory Board to have the Rules of Procedure. Supervisory Board decides on adoption and amendments to the Rules of Procedure in the same way as with the adoption other decisions, i.e. by means of majority votes, but some other qualified majority could be also prescribed for it by means of the Articles of Incorporation. With respect to the membership in that body, it is emphasized that a chairman and at least one of its deputies with the rights and liabilities of the chairman only if he/she is prevented from performing his/her functions is elected from its members. Supervisory Board can appoint also the commissions (which must inform it regularly on their work and which cannot decide on the issues from its competence) for purpose of the preparation of the decisions to be adopted and for the control of implementing the decisions.
Investment funds can be divided into closed-end and open-end funds. The investment funds which invest into real property can be only the closed-end funds. There is no possibility with closed-end funds that the capital is gathered by means of a private offer; so, none of the investors can have the status of a qualified investor. The closed-end funds of a general type can invest into real property, while the funds which have clearly expressed investment orientation to real property must, with it, fulfil some other legal criteria. At the level of economic efficiency, comparing this form of investment with the investment into the purchase of real property, one can conclude that by means of the purchase of a share of the investment fund, the investor becomes a shareholder to have invested into various real properties acting according to the principles of safety and profitability, and in that way, the portfolio is more dispersed than with the purchase of some real property.
At the beginning of this year, a text of the Decision of the Constitutional Court of RH has been published in an official newspaper which is specific as it cancels certain provisions of the Code of Civil Procedure, referring to the extraordinary remedy in a civil procedure which is called revision. Namely, the cancelled provisions prescribed the limitations for filing the mentioned legal remedy among which it is to point to the property qualification – for instance, the Law prevented filing a revision if the value of the subject of a dispute of a contested part of the judgement did not exceed 100,000.00 respectively 500,000.00 HRK. The author thinks that the adoption of this decision is rather valuable as in that way, the forming and harmonization of the court practice is influenced as it is, by means of this decision, returned to the revision court again.
One of the top values of the constitutional system is the inviolability of the property, what is guaranteed in us by the Constitution. The inviolability and guarantee are however not absolute, as it is possible to limit or take away the property by law in the interest of the Republic of Croatia with the compensation at the market value. It is actually the issue of expropriation, and the de-expropriation is the cancellation of expropriation; to put it more precisely, the cancellation of the final order on expropriation. In that respect, at the request of a former owner of expropriated property, the final order on expropriation will be cancelled unless the user of expropriation starts the construction or execution of the works due to which the property was expropriated or if he does not use the expropriated property for the purpose for which the expropriation was executed; and that within two years (the time is not counted during a force majeure event) from the day of the validity of the order or from the day of entering the possession.
A concrete example from the practice of a unit of local self-government, in which it was obliged, based on a final court judgement, to return an employee to work, and simultaneously, order his/her termination of employment by virtue of law which happens during the period between returning to work and the termination of the labour dispute, has pointed to significant problems appearing in practice. Such different procedural regimes of judicial protection are e.g. available to an employee against the decision in procedural proceedings according to the Administrative Act while the judicial protection with respect to the application of the Law on State Officials and Employees is realized within an administrative procedure. There are, further, here, the issues of different labour-law regime with respect to local officers concerning the change of law regulation; various provisions on the duration of dismissal periods at the time of employment termination ex officio in relation to the period of issuing a decision implementing the court judgement; the conducting of administrative procedures at the same time with the duration of a suit concerning payments etc.
The new Code of Obligations, being effective in us since the start of the past year, brought, among other things, the amendments connected with the institute of the contract on goods and services sales, influencing a considerable extension of the circle of persons to the contract on the goods and service sale claims to which especial three-year expiry period is presently applied. As the Law does not offer more detailed instructions with respect to the scope of this provision, it appears that this provision is applied to all the commercial contracts regardless of who are the parties from the contract. The same provision is, besides, applied to the civil contracts, but the scope of the application of shorter expiry periods seems to be applied to consumers contracts too, what should by the subject-matter discussed by the court practice. In conclusion, mutual claims from a contract on goods and services sales, and the claims of the compensation for expenses made with respect to those contracts expire in three years, what entirely cancels the rule on the subjects to which this especial provision refers.
A sick leave is according to the Labour Act a temporary inability to work and according to the health insurance regulations, it is the absence from work due to disease or injury, or some other circumstances. An employee can, however, misuse the sick leave so that he/ she uses it without being ill or injured either himself/herself or in case of the person for whose disease/injury he/she can use the sick leave (e.g. employee’s child). When an employer has doubts with respect to the justifiability of a sick leave, he/she has right to request from the competent service of the Health Insurance Institute to examine the justifiability of the sick leave. With it, the employer’s sanctions can be drastic; to give a dismissal not to the employee due to the employee’s behaviour. There is nothing left for an employee in such a case but to initiate a labour dispute within the law-prescribed period and to file a claim to the employer for the assurance of his/her rights prior to that; and within a preclusive period of time, what is an assumption for the initiating of a labour dispute if the employer gives an explicit or tacit negative reply on the occasion of the mentioned claim.
The motor vehicle market within EU, being a consequence of inhomogeneous tax systems, has been scattered to as many different parts as there are the Member States, what leads partially also to different tax burdens of motor vehicles. The series of problems arise from that and a need is imposed to update and simplify the present motor vehicle taxation system, especially by means of taking new parameters during passenger vehicles taxation, as e.g. the tax base connected with the CO2 emission. According to the current Proposal of the Council Directive on Motor Vehicle Taxation, it is to expect that the system of tax payment for registration will be introduced; being paid in the country of origin, as well as the general rules of the calculation of the tax on registration for used motor vehicles, which are exported from one Member State and imported to another one, with a gradual reduction of the registration tax rate or its total cancellation in the Member States, i.e. the introduction of annual taxes on motor vehicles with the purpose of the reduction of CO2 emission and better adjustment to market requirements.
European Uniform Rules on Court Competence for consumer disputes prescribe the competence of the courts of the State of a consumer’s residence place, in the actions filed against consumers, and also in the actions filed by consumers against the other party to the contract. In internationally characterized disputes this competence has been established in favour of consumers as economically weaker and legally less informed parties on their rights. Protective competence is applied in the first place when a merchant performs his activity in the State of consumers’ residence or directs his operations to such a State. The protection offered by the provisions of the Brussels Convention on the Competence, Recognition and Execution of Court Decisions in Civil and Trade Disputes, and the EC Regulation 44/2001 on the Competence, Recognition and Execution of Court Decision in Civil and Trade Disputes, dated 20 December 2000, cannot be excluded at the account of a consumer by means of concluding a prerogative contract. Page
Novi Zakon o općem upravnom postupku prema sada važećem Zakonu o općem upravnom postupku (Nar. nov., br. 53/91. i 103/96.) treba osigurati ravnotežu između zahtjeva za objektivnim i brzim odlučivanjem s jedne, te zaštite prava i legitimnih interesa pojedinaca koji sudjeluju u postupku s druge strane. U članku se daje prikaz osnova za izradu novog Zzakona o općem upravnom postupku republike Hrvatske iz smjernica koje je usvojila vlada Republike Hrvatske.
Oslobođenje od plaćanja PDV-a pri uvozu osobnih automobila, u okolnostima prestanka važenja oslobođenja od plaćanja carine prema Uredbi o uvjetima i postupcima za ostvarivanje oslobođenja od plaćanja carine
Oporezivanje dijagnostičkih, dilatacijskih i vodećih katetera
Postupak kod uvoza osobnog automobila u RH
Preseljenje predmeta kućanstva iz R.
Uvoz kamp prikolica radi obavljanja djelatnosti iznajmljivanja
Oporezivanje kohlearnog implantata
Uvoz osobnog automobila za potrebe po družnice strane osobe
Ispunjenje uvjeta nezaposlenosti kod ostvarivanja povlastica iz čl. 61. Zakona o pravima hrvatskih branitelja iz Domovinskog rata i članova njihovih obitelji
Osiguran cjelodnevni boravak u socijalnoj ustanovi nije prepreka za priznanje doplatka za djecu
Neovisno o tomu je li mirovinski staž koji je stranka ostvarila u Republici Hrvatskoj konzumiran rješenjem o priznanju prava na starosnu mirovinu u drugoj državi tijela HZMO-a odlučuju primjenom međunarodnog ugovora
Rok iz odredbe članka 5. stavka 4. Uredbe za provođenje Zakona o konvalidaciji za upravno područje rada, zapošljavanja, mirovinskog i invalidskog osiguranja, doplatka za djecu, socijalne skrbi i zaštite vojnih i civilnih invalida rata je prekluzivan.
Nakon pravomoćnosti presude kojom se utvrđuje da otkaz nije zakonit i da radni odnos nije prestao uspostavlja se svojstvo osiguranika