Do danas smo u ovom časopisu objavili kratke komentare gotovo svih FIDIC-ovih općih uvjeta za izvođenje građevinskih radova izdanih 1999. Zadnji od ove serije općih uvjeta koje još nismo komentirali su oni poznati kao „Zelena knjiga“ ili „Kratki oblik“ (Short Form, kratica „KO“). Do sada komentirani opći uvjeti su oni poznati pod skraćenim nazivima „Crvena knjiga“ (NCK), „Žuta knjiga“ (NŽK), „Srebrna knjiga“ (NSK) i „Zlatna knjiga“ (NZK).
Bez obzira na pokušaj zakonodavca da institut ovrhe na plaći i drugim novčanim primitcima uredi što kvalitetnije, u našoj aktualnoj praksi u njegovoj primjeni i dalje ostaju brojne dvojbe. Stoga autorica u ovome članku predmetni institut cjelovito razmatra na transparentan, zanimljiv i detaljan način, s posebnim osvrtom na novele Ovršnog zakona kojima je zahvaćena i ovrha na plaći.
U ovome članku autorica razmatra elementarne nepogode u smislu refleksija na poreznopravne odnose s obzirom na to da iste, između ostalog, uzrokuju i gospodarske posljedice koje se očituju u golemim štetama nacionalnom gospodarstvu, što posredno dovodi do enormnog porasta financijskog opterećenja svih poreznih obveznika.
U prvom dijelu ovog članka autori su detaljno pojasnili institut porezne zastare, dok u ovom, drugom dijelu, pojašnjavaju pitanje dopuštenosti osnivanja dobrovoljnih i nedobrovoljnih (prisilnih) sudskih založnih prava na nekretninama radi osiguranja zastarjelih poreznih tražbina te daju odgovor na pitanje postoji li porezna tražbina nakon nastupa porezne zastare.
Autori: Dr. sc. Gabrijela MIHELČIĆ , dipl. iur. Mr. sc. Domagoj VUČKOV , dipl. iur.
The authors of the article present the overview of the valid provisions of the Act on Rental and Sales of Business Premises, including the provisions of the new Act on Rental and Sales of Business Premises. They also provide the answers to some questions which have been unclear in the court practice so far and for which the above stated Act does not offer any solutions. The most parts of the new Act became effective on 15 November 2011.
Autori: Doc. dr. sc. Maja BUKOVAC-PUVAČA Josip BRKIĆ
At the end of 2011 the Act on Deadlines of Settlement of Cash Liabilities was passed and becomes effective on 1 January 2012. This Act determines the deadlines of settlement of cash liabilities arising from the contracts signed by the enterpreneurs on performing the activities, which represent the business of at least one of them or they are related to the performance of such activities, as well as the contracts signed between the entrepreneur and the persons of public law. After the above stated Act becomes effective, the provision of the Art. 174 of the Act on Obligatory Relations (cash liabilities in commercial contracts) becomes invalid. This is one of the steps of the compliance of the Croatian legislation with the EU acquis communaitaire.
The author of the article analyzes the recently published results of the two international research performed on the global level: the comparative evaluation of the national regulations regarding the right to the information and the practical check-up of exercising such a right by making a claim for the access to certain budgetary information. In the first research the Croatian legislation is ranked on the sixth position, whereas in the second research the Croatian practice takes the eleventh position.
Due to the fact that on 1 January 2010 the new Act on General Administrative Procedure became effective, it was necessary to comply its provisions with the provisions of the Act on Pension Insurance. Since there are substantial differences and discordance between the existing normative solutions regarding the consideration of the provisions of the specific administrative procedures, a question arose regarding the two instances upon decision-making on the rights exercised in the public services. This article deals with such an issue from the viewpoint of the rights from the pension insurance which are obtained in the administrative procedure, including the organization of such a procedure, the character of its protection and the two instances upon decision-making on it.
Due to the fact that in the customs practice there are numerous cases of instituting offence proceedings and collection of customs debts, which emerged because the vessel owner was not on board upon sailing into the territorial waters of the Republic of Croatia, this article presents through the international legal regulations and the recent court practice the cases in which it was not required for the vessel owner to be on board.
The Act on the Amendments to the Trade Act, which became effective in October 2011, has created the corresponding legal basis which is adapted to the practice of the developed countries and the new conditions on the market. Accordingly, it is now possible to use the term liberalization of trade literally. The above stated Act enables a further development of the trade activities in Croatia, taking into consideration the interests of employees and consumers, all aimed at the proper arrangement of the market in view of the reducing the space for grey economy and unloyal market competition.
Autori: Vlatka KUČEVIĆ, dipl. oec Marija KULAŠ , dipl. iur.
The article analyzes the institute of mobbing and its position in the Croatian law. It presents the types of mobbing and the ways of its prevention. Although according to the Art. 130 of the Labour Act the cases of mobbing may be processed at court, the court protection has so far been inefficient. The experience from practice points to an increasing number of persons who ask for help due to mobbing at work. However, this phenomenon has not been thoroughly researched so far. The new Penal Code, which becomes effective on 1 January 2013, determines mobbing as a criminal act within the criminal act Horrasement at Work.
The authority ratione temporis or temporary authority refers to the temporary limitation of the procedures made by the specific international court, which is determined by the time limitation of their effectiveness and the application of the international document. The international document (contract, convention, charter, pact, agreement, protocol, statute) is a legal document which according to the international law is signed by the international legal entities, especially states. According to the regulations of the international law such a document obliges the state which has signed it, i.e. becomes effective and applicable in the states which have signed it, after its ratification. Therefore, in the bilateral relations it is important to previously determine the time limit of the validity of the international document, i.e. its application ratione temporis.
