08 Články v časopisoch

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Prehliadanie 08 Články v časopisoch podľa Autor "Klátik, Jaroslav"

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  • Obrázok miniatúry
    Položka
    Cybercrime in Slovakia in the context of European Union legislation
    (Akademia Leona Koźmińskiego : Warszawa, 2024) Vaško, Adrián; Klátik, Jaroslav
    A negative phenomenon in the form of cybercrime has become a society-wide problem addressed not only by national legislators, but also by the structures of the member states of the EU integration group, the member states of the interna-tional organization of European states of the Council of Europe, as well as the mem-ber states of the almost global United Nations. The authors decided work on this paper as in the event of cybercrime it is an extremely serious and actual topic both at the national and European and international level, which must be adequately addressed.
  • Obrázok miniatúry
    Položka
    Cybercrime: modern threat in contemporary society
    (Institute for National and International Security : Belehrad, 2025) Klátik, Jaroslav; Raďašová, Milada
    The content of the paper deals primarily with the issue of cybercrime, emphasizing the European Cybercrime Centre. It presents an impartial view on the issue of cybercrime and the activities of the European Union in this area. It introduces the basic concepts related to cybercrime, including cyber security, cyber threats, and types of cyber attacks. It examines the legal regulation of cybercrime, emphasizing the gradual development of transnational legal instruments. The paper mentions the historical context of cybercrime and the various major cyber attacks in selected European Union Member States.
  • Obrázok miniatúry
    Položka
    Harmonisation of the criminal law of the Slovak Republic with the law of the European Union in the field of international criminal offences
    (Publishing House VD "Dakor" : Kyjev, 2025) Vaško, Adrián; Klátik, Jaroslav; Čuha, Róbert
    Background: This paper addresses key issues related to the tools used to approximate the definitions of selected crimes within specific areas of the fight against organised crime. Despite the pursuit of communitarisation, some legal constitutions have remained rooted in an intergovernmental approach. Accordingly, this article examines individual international documents that served as the basis for selected international criminal offences incorporated into the Slovak Criminal Code. As with any process of harmonisation involving the legal regulations of individual states, aligning European Union law with Slovak Criminal Law was not easy, and many application problems arose. In this article, we focus on these challenges and explore possible solutions. Methods: In this contribution, standard methods commonly employed in the processing of scientific and professional texts focused on "European" criminal law were applied. The dominant method was the so-called analytical method, mainly used to examine current legislation related to the discussed issue. Additionally, a content and functional analysis of the most important institutes, which were contained in relevant international documents and important court decisions, was carried out. In the case of comparisons between Slovak and European legislation, a comparative method was used. Subsequently, conclusions were formulated using the synthetic method, the aim of which was to present proposals to eliminate shortcomings and improve the current legislation. Results and Conclusions: Through the analysis and comparison of relevant legal frameworks, several findings emerged. Specifically, we have found that the Slovak Criminal Code understands the concept of "organised criminal group" significantly more broadly than the relevant Framework Decision. This fact could cause problems in the recognition of decisions by other states. Additionally, the absence of a uniform definition of the concept of "terrorism" within the European Union is problematic as it may lead to inconsistencies that interfere with fundamental human rights and freedoms. In the field of drug trafficking, while no significant application problems were found in connection with the application of European Union law and the Criminal Code, disparities across the entire European Union, particularly in the criminalisation/decriminalisation of selected types of drugs and the varying severity of sanctions imposed by Member States. For arms trafficking, flaws were identified in the implementation of the relevant protocol into Slovak law, particularly in the definition and treatment of firearms parts and components. In cases of trafficking in human beings committed by a legal entity, the Criminal Code fails to meet the requirements of the relevant directive regarding the punishment of legal entities. Finally, the directive on environmental crimes contains vague terms which may cause application problems when approximating the provisions of the directive in relation to other states.