In this heading I publish those articles and studies which are not belonged to any legal topics, but they are also very interesting. These articles and studies comprise the variety of topics about for instance: the latest movies, health and pharmaceutical issues, sports events and interviews with famous athletes and interviews about the highlighted sports events or introducing new books.
Besides the above-mentioned topics this heading contains any other news about the relevant modification of laws and decrees and those laws and decrees which were came into force recently or will come into force in the near future.

The scope of the extraordinary measures were extended.

On Monday, 22 Febr 2021, the Act I of 2021 on Prevention of the Coronavirus Pandemic (hereinafter: Prevention Act) was adopted by the Hungarian Parliament. According to the Prevention Act the extraordinary measure in relation to the State of Emergency were extended for 90 days, until 23 May 2021. Another article discuss more information about the aforementioned measures, which is available by clicking on that link.

By the adoption of the Prevention Act, the former Government Decrees related to the State of Emergency were taken enter into force again. At the same time, the Prevention Act authorized the Government to enforce all provisions of the Government Decrees mentioned before.

The key measures are the following:

  • the mandatory mask use
  • the particular protection measures to economic
  • wage subsidies
  • some tax exemption and mitigation
  • the curfew maintenance between 8 p.m. to 5 a.m.

The extension of the pandemic measures were necessary because of the quick spreading of the pandemic and also the aim of the effective handling of the pandemic.

The Prevention Act was published in the Hungarian Gazette Vol. 27, 2021.


The previous measures were revised by the Hungarian Government

Despite the content of the previously proclaimed Government Decree No. 26/2021. (29 January), the Government Decree No. 27/2021. (29 January) on the proclamation of the State of Emergency and on the entry into force of the protection measures of the State of Emergency (hereinafter: Government Decree) in its Sec 1 on the reason of preventing the consequences of SARS-CoV-2 coronavirus pandemic (hereinafter: pandemic), which causes a mass disease endangering the safety of life and property in order to protect the health and lives of Hungarian citizens, the State of Emergency is promulgated again to the whole territory of the country by the Government.

This Government Decree was entered into force on 8 February 2021. The provisions of the Government Decree shall be applied until 1 March 2021.

The Government Decree in its Sec. 2 (1) appoints the Prime Minister as a member of the Government who is responsible for dealing with the consequences of the pandemic. Pursuant to the subsection 2, the prime minister is assisted in his task by the Operational Staff.

Pursuant to the Government Decree Sec. 3 (1) on the extraordinary measures of the State of Emergency are provided in separated laws. Under the Sec. 3 (2) the necessity of the State of Emergency is continuously revised by the Government.

At the same time the Government Decree ask the cooperation of the citizens in connection with the enforcement of the measures of the State of Emergency.

The measures of State of Emergency are regulated by the Government Decree No. 484/2020 (10 November) (hereinafter: Government Decree on Protection Measures of State of Emergency).

The short content of the Government Decree on Protection Measures of State of Emergency:

The second phase of the protection measures will be introduced by the Government which rules are included in the above-mentioned Government Decree. In the followings there are some main points that will be describe shortly. These points shall be expected to be followed by everybody to curb the pandemic efficiently as possible. The breach of these provisions imply on serious legal consequences.

The Government Decree includes the following general rules and it takes compulsory for every Hungarian citizen:

Everybody is obliged to wear mask (medical, occupational safety, textile mask or mask of other material)

  1. on public transport as passenger or on the public transport for the purpose of work. The minor under age of 6 years, a person with mental or psychosocial disability are an exception to the provisions,
  2. in the inner area of the settlement with population of more than 10 000 people on its public area or public space which are designated by the local government with exception of the sport activity and in the parks or green areas,
  3. in the shops during shopping or working unless the employer and the employee agree that the employer or the leader of the shop provides a break for all of the employees during which it is not necessary to wear mask,
  4. in the territory of shopping mall with the exception of the offices, premises for sports activities and in the parking lot or on the green areas,
  5. in the territory of the public archives which are available for external visitors (outsiders),
  6. in opening hours,
  7. in those territories of the local government which are opened for clients,
  8. in those premises which are opened for clients and operated by the universal postal service provider or the postal contributors furthermore in any room where customer reception is carried out for administration purposes. No more than 5 people stay in these rooms,
  9. in all rooms where they are waiting public transport,
  10. in any catering shop during working or as a customer,

in such way that the nose and mouth of the relevant person must be covered up continuously.

In the whole territory of the health care institution, the mask must be worn by everybody, as mentioned above. The treated person must not obliged to wear mask.

In the social institution, the mask also must be worn by the employees during the direct contact with the beneficiaries or if they are stay within 1.5 m distance to the beneficiaries. These rules are also applicable during the public programs or staying in the public areas.

Between 8 p.m. and 5 a.m. everybody is obliged to stay at home, place of residence or accommodation.

This rule is not applicable in the following cases:

  • in the event of situation which involves damage to health, danger of life, serious damage or for life protection purposes,
  • for work purposes,
  • for transport purposes to the workplace and for transport purposes to home, place of residence or accommodation,
  • or in the purpose of the participation of the sport event or training for the athlete under the Sport Act and for the transport purposes to the sport event and for the transport purposes to home, place of residence or accommodation,

In the above-mentioned cases, the leaving of home, place of residence or accommodation and to stay in the public area are permitted.

Pursuant to the Government Decree, holding an event and assembly and participating in them are prohibited.

It is forbidden to stay in the catering shop, except for the employees of the shop but staying in the shop for the time of food delivery are permitted.

This aforementioned provision of the decree shall not apply

  • to the canteen or diner of the health care institutions,
  • to the occupation canteen or restaurant,
  • to the restaurant or bar of the place of residence, if there the guest of place of residence is served only,
  • to the canteen of the public education institution and vocational training institution (educational institution), if there the student or employee of the educational institution are served only.

Between 7 p.m. and 5 a.m. with the exception of the employee of the shop, lottery, national tobacco shop it is forbidden to stay in the shop, lottery and national tobacco shop. All of the shops must be closed in this period.

The pharmacy and the petrol station can be opened between 7 p.m. and 5 a.m.

The person who turned 65 years old, for the interest of own and his/her family safety, may visit the grocery store or other perfume store, drugstore and paper product store and pharmacy from Monday to Friday between 9 a.m and 11 a.m. and on Sunday between 8 a.m. and 10 a.m. In this period, only the aforementioned persons can be stayed in the shops.

The Government Decree also prohibits visiting the leisure facilities. The visiting of those facilities where the athletes attend for training purposes or hold a sport event are exceptions. There are also an exception of those facilities which can be visited for adult vocational education purposes under the relevant law.

The police control the compliance with all measure of this Government Decree with the assistance of the National Defense.

A fine of up to 100 000 – 1 000 000 HUF can be imposed for the breach of the above-mentioned rules.

The minimum amount of the fine is 5000 HUF and the maximum amount of the fine is 500 000 HUF. In some case, the minimum amount of the fine is 150 000 HUF and the maximum amount of the fine is 1 000 000 HUF.

More information about the aforementioned measures can be requested from the police or the National Defense.


The State of Emergency which was promulgated by the Government Decree No. 478/2020 (3 November) will be terminated on 8 February 2021 by the Government Decree No. 26/2021 (29 January) on the proclamation of the termination of the State of Emergency (hereinafter: Government Decree).

Pursuant to the Government Decree Sec. 1 is based on the Fundamental Law Article 53 (1), the Government terminates the State of Emergency which was previously promulgated by the Government Decree No. 478/2020 (3 November) on the proclamation of the State of emergency to the whole territory of the country on the reason of preventing the consequences of SARS-CoV-2 coronavirus pandemic, which causes a mass disease endangering the safety of life and property, in order to protect the health and lives of Hungarian citizens.

The Government Decree No. 26/2021 (29 January) on the termination of the State of Emergency will enter into force as of 8 February 2021. At the same time the Government Decree No. 478/2020 (3 November) shall be repealed.

Source: The Hungarian Gazette Vol. 15/2021 (29 January)

The source of the pictures: pexel.com


Today, my article was published by Hungarian Journal of Law. The article discusses the legal institution of the modern sports labor contract and the status of the professional athlete. Here is a short synopsis about my article down below. If you are interested in the whole topic, you can buy it at HVG ORAC Ltd. www.hvgorac.hu.

The study deals with the professional athlete status and the sport labor contract which embodies it. The author introduce the sports legal relationship through of the professional athletes status. The author among others seeks the answer for who qualify as a professional athlete, what conditions shall be needed to perform this activity, what kind of contract is concluded by the parties to establish sports legal relationship and what are the substantial elements that should have the contract to fulfill its function. The study goes through the aforementioned questions point by point, looking at the conceptual definition, taking consideration at todays sports political amis. The aim of the author to provide a comprehensive picture about the nature of the sports legal relationship for the readers but it is not his aim to discuss about the reasons of the multitude of legal policy viewpoints behind the regulation.

The author recommends the article to the memory of prof. dr. Tamás Sárközy who was the creator of the Hungarian Sports Law and former president of the Hungarian Ice Hockey Federation between from 1988 to 1998.

The source is Hungarian Journal of Law, HVG ORAC.

✻ Life Science and Pharmaceuticals Science ✻

On Wednesday, November 18, 2020 at 06:59 Pfizer published its website a short summary about a common study with BioNTech on Phase 3 Study of COVID-19 Vaccine Candidate. According to published article of Pfizer on its website, primary efficacy analysis demonstrates 95% effectiveness against COVID-19.

Pursuant to the release, efficacy was consistent and stable across age, gender race and ethnicity demographics; the observed efficacy of vaccine candidate in adults over 65 years of age was over 94%. Safety data milestone required by U.S. Food and Drug Administration (FDA) has been achieved which is necessary for Emergency Use Authorization (EUA).

Pursuant to the release, data demonstrate that the vaccine was well tolerated across all populations with over 43.000 participants enrolled. Pfizer did not observe serious safety concerns and the scrutiny indicated adverse events (side effects) in frequency of fatigue (at the level 3.8%) and headache (at the level 2.0%). Pfizer and BioNTech expect to produce the vaccine against COVID-19 globally 50 million vaccine doses in 2020 and up to 1.3 billion doses by the end of 2021. The two company also confident that the vaccine will be distributed around the world easily.

During the trial they observed 10 severe cases of COVID-19. They also performed data analysis in the trial. In addition to this the scrutiny has progressed well, it was determined that the vaccine is capable to put an end to this devastating pandemic. Therefore Pfizer and BioNTech would like to submit a request within few days to the FDA for an EUA based on the totality of safety and efficiency data collected to date.

The experts of Pfizer and BioNTech expressed their hope that these vaccines will give solution quickly and efficiently to overcome this devastating pandemic period. According to the forecasts, the vaccines will be issued urgently in the next year by the summer to the world.

If you would like to read more about this topic, please visit the website of the Pfizer.

Source of this articlehttps://www.pfizer.com/news/press-release/press-release-detail/pfizer-and-biontech-conclude-phase-3-study-covid-19-vaccine#.X7meeHk1QgI.linkedin
Press release of Pfizerhttps://www.businesswire.com/news/home/20201118005595/en/
Source of the pictures: all-free-download.com; pexels.com


On 30 March 2020, the extraordinary judicial break which begun on 15 March 2020 was terminated by the Hungarian Government in its Government Decree No. 74/2020 (31 March) on the Particular Prevailing Procedural Measures during the Pandemic Period (hereinafter: Government Decree No. 74/2020 (31 March) or Government Decree). The Government Decree No. 74/2020 (31 March) entered into force on its effective day at 3 o’clock p.m. This Government Decree will remain in effect during the pandemic period and until the State of Emergency is ended. The pandemic measures also shall be followed after the termination of the extraordinary judicial break.

Regarding to the procedural acts, the provisions contained by the Government Decree must be followed. The entry to the court building shall be forbidden for the client unless  the requirements which are contained by the OBHE Resolution No. 47.SZ/2020 (1 April) (hereinafter: VOH) on the Order of Use of the Court Buildings point 4. prescribes it during the time of the procedural act. [OBHE Resolution No. 49.SZ/2020 (3 April) on the Regulation of the Order of Stay in the Court Buildings during Pandemic Period]

The Government Decree contains lots of procedural measures. These article contains most important measures regarding to the civil litigious and non litigious procedures only, while the measures in connection with the administrative and criminal procedures will be discussed in an another article.

Prevailing particular procedural measures during the period of State of Emergency

Measures in connection with the civil litigious and non litigious procedures

During the period of the State of Emergency the provisions of the Act III of 1952 on the  Code of Civil Procedure (hereinafter: former CCP) and the Act CXXX of 2016 on the Code of Civil Procedure (hereinafter: CCP) shall be applied with the discrepancy contained in the Government Decree.

The continuation of the time limit is not affected by the State of Emergency, except the Government Decree dispose differently.

In the civil procedures under the effect of the CCP, the case initiation shall be conducted instead of the case initiation hearing. If it necessary the court may summons the parties for submitting further written statements or calls on the lawyer and parties if their personal hearing is necessary. In connection with the above-mentioned facts, the court perform its activity in the manner contained by subsection 7 to terminate the case.

The above-mentioned provisions under this section must be applied to the actions of personal status.

In the civil procedures under the effect of the former CCP, the substantial hearing shall be conducted by means of electronically network or any other devices which are able to transfer picture, video and voice. If the conditions of this is not being ensured, instead of the conduct of the substantial hearing, the statement recorded at the hearing can be obtained by the court in written form or by means of device which can identify the personality and in the case of necessity it can be recorded. [Government Decree Sec. 21 (3)]

The court does not conduct case initiation hearing at the request of the parties. Before the termination of the case initiation hearing the court will inform the parties in advance and provides the opportunity to make their further written statements. The termination of the case initial hearing will be communicated to the parties in written form by the court. [Government Decree Sec. 21 (2)]

In the case of the necessity of the personal hearing, the statements shall be obtained in written form or by the means of devices which are able to identify personality and in the case of necessity it can be recorded. [Government Decree Sec. 21 (7)]

In litigation, there is an unlimited number of stay of proceedings at the request of the parties.

During the State of Emergency – with exceptions contained by the subsection 3 – there shall be no place for the procedural act to be conducted in a place which is subject to an epidemiological measure.

During the State of Emergency the party acts without counsel may submits the application, counterclaim, extension of the action or the offsetting without written standard form based on the particular law. [Government Decree Sec. 24]

If the application submitted by the party acting without counsel does not contains the compulsory content elements or the formal accessories, the court in its deficiency court ruling must indicates all of the deficiencies of the application and the court must communicates all of information in connection with the deficiencies replacement of the application. In case of the unsuccessful replacement there is a place for rejection.

During the State of Emergency the submissions can not be filed personally to the court administration office. The submissions can be placed in the locked collecting box at the entrance door of the court.

During the State of Emergency if there is a place for service by public notification in the civil proceeding, the procedure is interrupted until the termination of the reason of service by public notification or the termination of the State of Emergency.

The judgment will be delivered out of court hearing by the court. [Government Decree Sec. 28 (2)]

In the appealing and review proceedings a hearing can not be requested by the parties. [Government Decree Sec. 29 (1)]

If the time limit expires in the civil litigious and non litigious proceedings and in the period up to 15 days after the entry into force of Government Decree No. 45/2020 (14 March) and this Government Decree, the time limit shall be extended to 30 days after the entry into force of this Government Decree.

This Government Decree shall be applied in pending cases and non litigious proceedings.

Shortly summarize the aforementioned facts, the courts are operating continuously but the personal appearance is replaced by the literacy. It can be said that the litigation division is operating similarly as the non litigation division. These epidemiological measures are necessary because of the current pandemic situation in order to slow down the spread of the virus as effectively as possible and thus protect each other’s health. Therefore it is very important to follow the provisions of this Government Decree.

About the programme in short

The 83rd AIPS Congress will be held on 3rd to 7th February 2020 in Budapest at the Hotel Corinthia. Hungary got the fourth opportunity to organize this prominent event. Before this ceremony, Hungary has organized three times the AIPS Annual Congress. The first time was in 1965, the second time was in 1992 and the third time was in 1999. Budapest was in great contest with two more competitor, Rome and Madrid.

The Hungarian Sports Journalists’ Association (MSÚSZ) took big efforts in the previous half a year to organize the AIPS event in Budapest for the fourth time told Dr. Zsuzsa Csisztu vice-president of MSÚSZ. Monday is the opening day. The Congress offer diverse and rich professional programmes approximately to 300 sports journalist of the world.

Yesterday was the first event day. On Monday evening, the AIPS Media Award was awarded to the winners for the second times and in 11 category will be awarded the competitors. One of the most noted guest was Gianni Infantino, the president of the FIFA (Federal Internationale de Football Association or International Federation of Association Football) who took part on a podium speech before the great ceremony.

www.sportujsagirok.hu

The two host were Jonathan Edwards, British former olympic winner athlete and dr. Zsuzsa Csisztu, vice-president of MSÚSZ. The following represented Hungary at the event: Krisztián Kulcsár, the president of Hungarian Olympic Committee (MOB), Tünde Szabó State Secretary for Sport, Ministry of Human Capacities (EMMI), Sándor Csányi, the president of the Hungarian Football Association (MLSZ), László Szabó, the president of the Hungarian Paralympic Committee (MPB), Dániel Gyurta, former olympic winner, member of International Olympic Committee (IOC) and MOB, Zoltán Novotny, sports journalists, dr. Zsuzsa Csisztu with György Szöllősi, the president of MSÚSZ and more other notable persons.

On the further days of the event will be also home to the panel discussion of the role of the women in the sport and the sport media. Donna de Varona famous swimmer and Tímea Babos Grand Slam team winner in pair, famous tennis player.

If you would like you read more information about this ocassion, please visit the website of MSÚSZ at www.sportujsagirok.hu.

The pictures and whole gallery were published by Hungarian Sports Journalists’ Association (MSÚSZ) and the sources of the all pictures is also MSÚSZ.

Source of the pictures is Hungarian Sports Journalists’ Association (MSÚSZ).


The general rules of the payment notification

The present article introduces some information about the general rules of the payment notification and its enforcement during the enforcement procedures. The article is divided in two parts. The first part of the article deals with the general rules of the payment notification and the second part of the article describes those rules which are related to the enforcement of the payment notification during the enforcement proceedings.

This legal institution often emerges in the field of Labor and Employment Law. The employer usually uses the payment notification when he/she would like to enforce his/her claim relating to the employment relationship quickly, easily and efficiently against his/her employee. The article also describes those laws and decrees which create the core of the regulation of the payment notification.

Many times the parties can not be able to resolve their problems peacefully therefore it has to be need for this legal institution which gives a final solution to them. The enforcement proceedings helps the enforcement of the legitimate claim. Sometimes this legal institution can not be able to solve the problems of the parties, in this time the civil litigation will takes place. The article only discuss the rules of the payment notification and it does not deals with the possibility of the civil procedure.

If you want to know more about this legal institution and you are interested in this article, please visit to the website of HVG-ORAC or buy the relevant issue of the Jogtudományi Közlöny. Yo can find more about the article if you click on the link.

Zoltán F. Samkó J.D.
Health and Sports Lawyer

Zoltán Ferenc Samkó: Enforcement of the Payment Notification during the Enforcement proceedings – The general rules of the payment notification



New Year, new tasks, new articles…

I would like to wish Happy New Year to all of my Visitors. I wish that the new year will bring us success, luck, prosperity and health. I also wish that everything will come true for everyone. Please stay with the SAMKÓ LEGAL in the year of 2020 too.

HAPPY NEW YEAR! 2020

All the best and cheers!

Zoltán Ferenc Samkó J.D.
Health and Sports Lawyer

FAIR PLAY AWARDS GALA IN THE DANUBE ARENA

It is my pleasure and I am very honored that I was invited to the Fair Play Award Gala which was held on 21th November 2019, Thursday in the Danube Arena at Budapest. The Hungarian Olympics Committee – Fair Play Committee has celebrated its 52th anniversary since its establishment. The Committee is engaged for the fair play in the sport and besides of this in the other field of the life. The first fair play awards were given in 1967 by the National Association of  Hungarian Journalists (MÚOSZ) and the Fair Play Committee established by the National Sports Office.

The aim of the Fair Play Committee is still the same, preserve the tradition of the spirit of the fair play. Therefore the Committee every year organize the Fair Play Award Gala where it rewards those chosen athletes who are worthy for the fair play award. This award ceremony was co-organized with the SPORTJUS Hungarian Association of Sports Lawyers of Hungary. It was the first time that the SPORTJUS got involved the organization of this event.

The ceremony begun with the opening speeches. Firstly Dr. Jenő Kamuti, the president of the Fair Play Committee, after that Krisztián Kulcsár, the president of the Hungarian Olympics Committee, and finally Dr. Zsigmond Nagy, the president of the SPORTJUS Hungarian Association os Sports Lawyers of Hungary kept his speech. All of them referred in their speeches the importance of the fair play. Besides of the aforementioned fact, the purity of the sport and the honesty towards to each other were highlighted in all three speech. 

I would especially refer to our president, Dr. Zsigmond Nagy speech. As our president Dr. Zsigmond Nagy cited our associations posy, ,,the sport is a fundamental human right.” Of course we are operating according to this basic principle which is marked in the Olympics Charta in its chapter of Fundamental Principles of Olympism. The original text is the following: ,,The practice of sport is a human right.” We respect the sport activity and we appreciate the others striving to live their life honestly and fairly as they also do in the sport. Dr. Zsigmond Nagy noted he hoped that this relationship between our organization and the Hungarian Olympics Committee would continue to exist in the near future.

The winners of the Fair Play Award:

The Hungarian Olympics Committee Fair Play Committee gave awards to the winners in six categories.

1. Fair Play act:

trophy: Szántói Szabó Tamás (kayak-canoe)

diploma: Sipos Árpád (teqball)

2. In the service of the sport:

trophy: Köpf Károly (sports leader)

diploma: Győr Béla (traditionalist)

3. The popularization of the Fair Play:

trophy: Füredi Marianne (journalist), Szalay Péter (journalist)

diploma: FTC ice hockey division U8-U10 age group

4. Leisure sport:

trophy: Hungarian Flying Disc Federation

5. Oeuvre:

trophy: Sziklenka László (kayak-canoe), Csányi Rajmund (gymnastics), Bérczes Edit (ultra running), Göröcs János (football)

diploma: Pajor István (ski)

6. Art/Science:

trophy: Juhász Árpád (television, traveling)

I also congratulate the winners!

Budapest, 23rd November 2019

Zoltán Ferenc Samkó, J.D.
Health and Sports Lawyer