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Tendencies of modern science of criminal procedural law and solutions of modern comparative criminal procedural legislation in relation to creation of normative basis for increase of efficiency of criminal proceedings found their place in criminal procedural legislation of Bosnia and Herzegovina. Within numerous measures which are being taken with the aim of increase of efficiency of criminal proceedings, a special place belongs to simplified forms of actions in criminal matters. Suggesting simplification of procedural forms in traditional criminal proceedings has been inspired by a wish to save time, expenses and work and avoiding of formalities that look unnecessary in routine cases. Due to this, during the last few decades small interventions in criminal procedural legislation in general have been taken. In that context, system reform of criminal procedural legislation has been done both at the level of Bosnia and Herzegovina and its Entities as well as Brčko District of B&H, which has opened an entirely new approach to criminal proceedings which puts an emphasis not only on enhancing of protection of fundamental human rights and freedoms but also on efficiency of the proceedings itself. Simplified forms of actions in criminal matters in Bosnia and Herzegovina are one of the most important instruments of criminal proceedings efficiency.
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Law No. 193/2000 on unfair terms in contracts between traders and consumers does not refer to the lesion as a legal remedy for the contractual imbalance created by such clauses. However, it is considered that these abusive clauses are a facet of the lesion, which implies an original contractual imbalance. However, the opinion was also expressed that the lesion cannot be invoked in the case of a consumer lending contract because such a contract is unilateral and the lesion entails the existence of a bilateral legal act. This article aims to determine to what extent the lesion can be invoked and used in the case of abusive clauses inserted into bank contracts.
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Les besoins, dont abonde chaque société et dont la nature est matérielle ou non matérielle, manifestent de nombreuses caractéristiques mais ce sont sûrement les caractéristiques économiques qui sont les plus importantes. Dans son article l'auteur fait l'analyse de laspect économique des besoins sociaux, par¬ticulièrement se concertant sur les besoins communs que les travailleurs et les citoyens satisfont dans les activités sociales (éducation, science, culture, culture physique, sécurité sociale et autres).C'est dans ce cadre que problêmes fondamentaux sont compris icaracté- ristiques générales des besoins, leur classification d'après les propriétés spécifi¬ques détermines, limites jusqu'où aboutissent le contentement des besoins et le problème des rapports de revenu qui est déterminé par les possibilités du déve¬loppement des activités sociales.Bien qu'il soit difficile de fixer toutes les caractéristiques économiques et aussi les sortes des besoins qui se satisfont dans les divers domains des activités sociales, dans son article l'auteur a mis en relief une composante commune et la plus importante, c'est la liaison de ces besoins avec les conditions matérielles de la production sociale. À la base de cela on a établi les limites de la satisfacti¬on de ces besoins et la dépendance du volume et du cadre donnés de la reprodu¬ction sociale.Par rapport à ce qu'on vient de dire, dans chaque milieu économique et social, l'ensemble des quantités et des qualités des besoins est premièrement, sous influence des besoins qu'on sépare du produit social et q'uon oriente vers le règlement des frais dans les activités sociales. À l'égard des limites de ces moyens on a souligné la tendance générale que leur croissance doit être au-dessous de la croissance du produit social, ce qu'impose le moment économique actuel dans lequel dominent les pérturbations connues de la structu-re productive, des rapports monétaires et de crédit, l'inflation et l'arrêt de la réelisation du produit social dans le monde entier. L'harmonisation de la sépa¬ration des moyens sociaux pour les activités sociales du revenu national avec l'accroissement de ce revenu est difficile à réaliser dans les conditions actuelles existant dans le processus de la reproduction sociale et c'est dans ce sens qu'on doit entreprendre les diverses et nombreuses mesures de correction.Les investissements dans les activités sociales, comme déterminante de leur développement, montrent, comme c'est accentué dans cet article, que les fluctations déterminées ont leur racine dans les conditions troublées des activi¬tés économiques. Il est semblable dans l'état généal des rapports de revenu, qui eux-mêmes aussi manifestent des déviations essentielles dans le mode de la for¬mation du revenu et dans sa répartition et c'est la conséquence du caractère du travail dans ces activités et de l'évaluation de ce travail pour qui les lois du marché n'ont la validité que dans un volume limité.
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The incrimination of family abandonment being a takeover from the old regulation, adopting only the forms of individualisation of punishment, made us wonder whether it covers the whole spectrum of facts and the consequences produced for a correct legal classification. Because any law is perfect, and the legislator at a given moment did not have the ability to foresee, we used the analogy of the law to fill the shortcomings, respecting the very principle of the strict interpretation of the criminal law.
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The aim of the paper is to assess the functionality of amendments introduced to the Polish Elec-toral Code before local government elections in 2018. They brought a number of significant changes to the Polish electoral law, both of a political and organizational nature, as well as in terms of trans-parency and integrity of the entire electoral process. The most important of the amendments con-cerned changes in the functioning of electoral administration bodies (increased number of electoral scrutineers, establishment of the Electoral Officers’ Corps, doubling of the number of local elec-toral commissions with simultaneous privileged position of large electoral committees in the process of nominating candidates to these commissions), new conditions for vote validity (new definition of “x”), lower maximum number of candidates shown on the ballot paper and the establishment of the function of social observers to the electoral process.
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The point of departure of my paper is the case of the IKEA employee who lost his job for criticizing the workplace policy followed by his employer. In the paper I analyse two possible versions of the objection discrimination on the ground of belief that can be raised with respect to the employer’s decision. In my opinion neither of these two versions can withstand scrutiny. Regarding the first of these versions – the allegation of belief harassment – I claim that the employer’s action should not be recognized as a form of belief harassment. The criteria that I propose in the paper suggest that the ‘Inclusion of LGBT+…’ regulation was a permissible workplace policy, within the scope of the employer’s authority. Regarding the second version of the allegation of discrimination – the lack of respect for special needs resulting from beliefs – I argue that in this situation the employer was under no obligation to accommodate the employee’s needs resulting from his beliefs. In the light of the criteria formulated in the paper, the employee’s claim for accommodation was weak and it could be overweighed even by a relatively small burden on the employer’s part.
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As a conscious human activity, the protection of the cultural heritage is a result of the interest of the man as an individual and then as a group or collectively, manifested to the culture and the cultural act. The interest was influenced by the institutional, legislative or judiciary measures. At once with the economical and social development, human society has created specific or congruent rules and legal systems. Virtually every era of human history created, innovated and renewed its own ideas, passing them quickly from the sphere of politics or economics to the cultural domain, where settled out, better lighting the spiritual values of the time.
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In a constantly evolving society such as the contemporary one, where the subject of law no longer acts only as a natural person, but especially in economically organized groups as legal persons, the lawyer had to adapt the field criminal law towards the achievement of the objectives of establishing criminal liability, namely the defense of society against crimes. I appreciate that the criminal responsibility of the legal person is an institution that requires a thorough analysis and, by law ferenda, an adaptation of the institution due to the implications of the contradictory interpretations in the matter.
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'Arab Spring' had as a result new waves of migratory influxes to Europe by intensifying the pressure of population movements for several EU member states. In this dynamic context, this paper aims to contextualise current migration and asylum challenges faced by Europe, its resistence to the rapid shifts in the international arena from a multicultural perspective. It also aims to identify the major migration-related issues that Romania is facing at present. The article covers several major areas: culture shock, immigration, cultural differences, international cooperation as a key answer to al these problems, a short Romanian case study in the same context, as in the last half of a decade, the migration paradigms in Romania have altered considerably and a new facet occurred: the large phenomenon of immigration.
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One of the basic categories used to describe the nature of the Church is communion with its spiritual, structural, and legal dimensions. On the basis of their baptism, all the faithful should undertake common responsibility and real care for the life and particular areas of the Church. This also includes discernment within the Church. Synods and synodality are a special case which expresses the communal character of the Church. However, synodality and communal discernment cannot be understood similarly to a parliament where the majority decides. It is about recognising contemporary needs and searching for the place of the Church in the world while preserving the Revelation. In recognising the ways for the Church, her movements are important as they form Catholics who increasingly identify with the mission of the baptised. Deepening their meaning and determining the degree of their influence on discernment in the Church, both universal and local, remains a challenge.
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Media is the most powerful entity that has the power to turn a guilty in innocent and innocent in guilty, which means that it can control the minds of the masses of people. The function of a system of messages distribution to a mass of population is an important tool in ensuring a safe climate in a state. But it is also a very effective means of influence and propaganda, in which the public opinion can be changed instantly, in the favor of a subject. The relationships and activities of the police with the media have as their main reference system the constitutional provisions, regarding the freedom of expression and those that oblige the mass media, public or private information means to ensure the correct information of the public opinion. The public wants to get involved, and be not just an outside target of the police management. The new concept, the Public - a co-author of the security services, has changed the philosophy and strategies of public relationships of the ministries of internal affairs throughout Europe. Therefore, the success of the police is enrolled in a new philosophy, that of partnership with the citizens; and in a new vision of designing and evaluating strategic activities also on short term, that of the quality management.
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This article aims to define the institution of probation measures, to present their judicial nature and to express the reasoning behind the emergence of these new sanctions in the criminal code. Additionally, as part of this article, a review of the probation measures of the current Romanian legislation will be carried out and a connection will be stated between the new sanctions and the business criminal law, which is derived from the characteristics of crimes and criminals in the field regulated by this branch of criminal law.
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This study examines some of the limitations of the right to dispose of inheritance, more precisely, stopping legal acts on an unopened inheritance. We have presented the notion and regulation of the acts on unopened inheritance, the conditions to be in the presence of a prohibited legal act on unopened inheritance, as well as the sanction applicable to such acts.
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This study is devoted to investigating Romanian legal source texts' translatability into English by applying methods derived from the use of concepts such as equivalence, conventionality and functionality. The starting point of the article is a series of investigative questions regarding the aspects that define the equivalence from the source language to the target language, how we can identify which of the general characteristics of text analysis and the particular elements of the legal texts could be more conventional. Furthermore, the focus is on the effects that the implemented functional theories can produce in the legal translation, emphasizing an applied thematic research. This study focuses on a methodological approach regarding the applicability of equivalence, conventionality and functional theories in legal translation through several examples regarding legal and linguistic criteria used in order to establish the translatability of different legal texts from Romanian into English. This research shows the author's keen interest in legal translation via an analysis bringing in focus a variety of grammatical, lexical, stylistic and pragmatic elements as appropriate to the translation transfer.
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Furthermore, in relation to the activity of the High Court of Cassation and Justice (the Panel regarding the settlement of certain legal matters), three decisions were published regarding: Law No 255/2010 on expropriation for public utility; Forestry Code; Law No 263/2010 on the unitary public pension system.
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The purpose of this research is to study and analyze the characteristics of dispute resolution in a wetland environment through the integration of environmental aspects, culture and empowerment of rural communities. A life that is safe, orderly and peaceful, is the life of a human society, so that every dispute needs to be resolved. In fact, the principle of justice is simple, fast and low cost for most of the people. This research method uses a socio-juridical (socio-legal) approach using an interdisciplinary or "hybrid" approach between aspects of normative legal research with a sociological approach using qualitative analysis. Through the settlement of disputes based on deliberation to reach consensus (badamai) based on local wisdom that grows and develops in communities in wetland areas, it is hoped that it will be able to expand access to justice in rural communities and reduce the burden of cases on formal channels. This requires a forum as an institution that facilitates the settlement of disputes outside the court at the village level.
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