Системний підхід у антикорупційному комплаєнсі

Author(s): Valery Obolentsev / Language(s): English,Russian,Ukrainian / Issue: 134/2016

The article points to the topicality of the phenomenon of corruption in Ukraine. Substantiates the feasibility of using a systematic approach in the implementation of anti-corruption compliance measures.The content and sequence of system analysis of this activity. Anticorruption compliance it is possible to determine as aprophylaxis of corruption offences withinthe limits of current the systems is perspective. Measures of anticorruption are the function of subjects of private sphere. Sequence of analysis of the systems of measures of anticorruption compliance. At first carry out preparatory procedures of formal character outline the aim of the investigated subject of private sphere, his setting and function, borders and surroundings, formulate a problem, context of her consideration,determine the point of view of analyst, aim and task of analysis of the systems.Farther carry out collection and working of information about the system. Conduct four types of analysis. Historical – set the genetic aspect of the system. In morphological set elements and structure,find out conformities to law of connections of elements of the system and degree of her complication.Functional analysis and adapting activity. Farther carry out informative description of the system. Lay out information about properties of information of the system, her informative streams.The analysis of the systems of measures of anticorruption compliance allows to design corruption risks and corruption processes. A design allows evidently to show functioning of the system, processes in the system.

Системні властивості законодавства та його співвідношення із системою права

Author(s): I. V. Sukhodubova / Language(s): Ukrainian / Issue: 20/2015

The author has analyzed legislation as an integral, organic, open, and functional system. Primary elements of horizontal and vertical structures of the legislation have been determined. The most important relationships of legislative mandates (particularly,hierarchic, horizontal, and functional ones) have been characterized. Peculiarities of the interaction and interrelation between the legislative system and the legal system have been detected.

СИСТЕМНОСТЬ ПРАВА В КОНТЕКСТЕ ЕЕ ОСНОВАНИЙ И ПРОЯВЛЕНИЙ: ТЕОРЕТИКО-ПРАВОВОЙ АНАЛИЗ

Author(s): Maksim Valerievich Voronin / Language(s): Russian / Issue: 4/2014

Based on the elaborated general theoretical conception of the foundations and individual manifestations of the systemic nature of law, the article highlights the main interpretation of the systemic nature of law as an ability of law to create systems of legal rules. The author studies the foundations of the systemic nature of law, i.e. social relations in their systemic interaction, state-willed nature of law, legal policy, and principles of law. These foundations are the same for different legal systems. An analysis of such manifestations of the systemic nature of law as the variety of types of legal rules and their structuredness is made.

Ситуационна оценка на тенденциите в екстремизма

Author(s): Rositsa Dzhekova,Luděk Moravec,Nadya Stoynova / Language(s): Bulgarian / Publication Year: 2017

Violent extremism is one of the major challenges Europe is currently facing. The threat is both external as well as internal as indicated by the rise in home-grown Islamist terrorists, as well as of nationalistic and anti-immigrant movements and far-right aggression. An accurate picture of the spread, nature and trends in the extremist and terrorist activity and actors is paramount to formulating strategic policy approaches and effectively allocating available resources. This publication provides a methodological framework for the establishment of a viable mechanism for monitoring and assessment of the state and developments over time in extremist acts and actors on the national level. The situational assessment is an instrument for systematic collection and analysis of statistical data, open source data and intelligence information pertaining to extremist actors and activities, for the purposes of developing regular situational reports of the spread, nature and trends in extremism and violent radicalisms. Following the application of the situational assessment tool, the publication presents main findings on extremist trends and monitoring capacities in three countries from Central and Southeast Europe: Bulgaria, the Czech Republic and Greece.

Сказка: Съдебната власт в България

Author(s): Anton Kableshkov / Language(s): Bulgarian / Issue: 10/1909

Склоност гласача клијентелизму у Републици Македонији

Author(s): Dragan Gocevski / Language(s): Serbian / Issue: 1/2017

Early research on clientelism spans over a period between 1960 and 1980. Early publications sparked a debate on the content, meaning and impact of clientelist ties. Researchers tackled the issue of explaining individual cases on different levels of focused analysis, rather than contributing to the common understanding of what clientelism “is” and “how” exactly it influences society. This paper presents an overview of contemporary research on clientelism, its theoretical conceptualization, early traces of the use of exchange relations of power and resources, a historical overview of the utilization of clientelist networks by political actors to ascend to power and survive in power and lastly the instrumentalization of clientelism to stabilize society. Later on, the paper provides a quantitative analysis of contributing factors to clientelist tendencies between political parties and voters in the Republic of Macedonia.

Сколько стоят льготы?

Author(s): Valeria Mingova / Language(s): Russian / Issue: 43/2005

In the end of august 2004 the President had signed "The cash-for-money substitution" decree. What is the effect of this decree abd why was it made in such a hurry? The author tries to clear it out, particulary by analysing the approaches of 4 main political parties: Liberal Democratic party of Russia (Zhirinovsky), Communist party of Russia, "United Russia" and "Motherland".

СКРИВЕНИ АВАЛ (ЖИРО)

Author(s): Irena Radić / Language(s): Serbian / Issue: 83/2019

Bearing in mind the great legal significance of the bill of exchange and its widespread use in domestic and international finance, the author determined to analyze the issue that has proven to be very controversial in practice. That is a so called hidden guarantee, when a person, factually a guarantor of a bill, doesn’t place its signature on the bill as a guarantor, but formally takes the role of the drawer, the drawee/acceptor or the endorser. It seems that the last case of a hidden guarantee(a hidden guarantor as an endorser) is causing most of the issues for the banks,which requires girieren bills when granting loans, as well for the courts when deciding on this matter.Namely, it is disputable how to judge a situation when the first signature on the back of the bill is not a signature of a payee, but of a drawer or a person not other wise a party to a bill. The courts attributed different meanings to this signature. On the one hand, there were courts that found this to be a guarantee, an endorsement or a so called hidden guarantee. On the other hand, there were courts that considered that the series of endorsements were interrupted by this signature and consequently that all of the subsequent endorsements were invalid. Therefore, in this paper the author will analyze provisions regarding a so called hidden guarantee in domestic law and the position of a hidden guarantor in each of the three cases of a hidden guarantee. Further, the author will present court’s jurisprudence in countries of the region and shed a light on contradictory judgments in regard to this matter.

Скритата икономика в България (бизнес), Декември 2002 г.

Author(s): Author Not Specified / Language(s): Bulgarian / Publication Year: 2003

Vitosha Research conducted a research of the "hidden" economy among the business sector which encompasses 530 companies throughout the country. The fieldwork was carried out during the period November 25 - December 02, 2002. The survey method is personal standard interview.

Скритата икономика в България (изследване на бизнес-сектора), Април 2004 г.

Author(s): Author Not Specified / Language(s): Bulgarian / Publication Year: 2004

In the period March 30 - April 20, 2004, Vitosha Research conducted a survey of the "hidden economy" in the business sector, covering 478 companies from across the country. The survey employed the method of the face-to-face interview.

Скритата икономика в България (изследване на бизнес-сектора), Ноември 2003 г.

Author(s): Author Not Specified / Language(s): Bulgarian / Publication Year: 2003

The survey of the business sector conducted in the month November 2003, covered 421 companies from accross the country. The survey employed the method of the face-to-face interview.

Скритата икономика в България (население) Март 2003 г.

Author(s): Author Not Specified / Language(s): Bulgarian / Publication Year: 2003

In the period January 23 - February 02, 2003, Vitosha Research conducted a national representative survey of the "hidden economy" in the country, covering 1107 respondents aged 18 and over. The survey employed the method of the face-to-face interview.

Скритата икономика в България (население) Март 2004 г.

Author(s): Author Not Specified / Language(s): Bulgarian / Publication Year: 2004

In the period March 1 - 16, 2004, Vitosha Research conducted a national representative survey of the "hidden economy" in the country, covering 1080 respondents aged 18 and over. The survey employed the method of the face-to-face interview.

Скритата икономика в България (население) Ноември 2004 г.

Author(s): Author Not Specified / Language(s): Bulgarian / Publication Year: 2004

In the period November 18-29, 2004, Vitosha Research conducted a national representative survey of the "hidden economy" in the country, covering 959 respondents aged 18 and over. The survey employed the method of the face-to-face interview.

Скритата икономика в България (население), Декември 2002 г.

Author(s): Author Not Specified / Language(s): Bulgarian / Publication Year: 2002

The main goal of the research project outlined in the present paper is to initiate systematic monitoring of the size and dynamics of the hidden economy in Bulgaria (HEM). The project envisions conducting a series of representative surveys of the country's adult population and of the business sector at three-month intervals. This will make it possible not only to examine the dynamics of the problem, but also to collect reliable information about the differences in the attitudes of the general population and the business community to the manifestations and reasons for the development of the hidden economy in this country.

СЛАВОЉУБ ПОПОВИЋ О ЈАВНОЈ УПРАВИ

Author(s): Aleksandar Martinović / Language(s): Serbian / Issue: 57/2011

Аuthor analyzed concept of administration in impressive work of Slavoljub Popović. Paper states that the basic concept that Popović has operated with is the concept of public administration which is “ fundamental and central concept of administrative law.” However, instead of one, Popović formulated a number of concepts of public administration. First, he differed concept of public administration in a broader and narrower sence, and then determined the two-term concept of public administration in the narrow sense: organizational and functional (physical) one, and finally formulates a complete concept of public administration in narrow sense. Author points out that S. Popović left the anachronistic and obsolete model of “three powers” and convincingly demonstrated that there are serious reasons to talk about other functions of public authorities, not only the legislative, administrative and judicial.

СЛОБОДА ИЗРАЖАВАЊА И ПРАВА ЛИЧНОСТИ У МЕДИЈСКОМ АМБИЈЕНТУ

Author(s): Zoran Ivošević / Language(s): Serbian / Issue: 61/2012

Being guaranteed by the Constitution, freedom of expression implies one’s right to have and express opinions on a particular idea, phenomenon, fact or personality. On the other hand, the Constitution also guarantees the right of every single individual who has been frustrated by another’s freely expressed opinion or statement to seek protection from violence, discrimination, violation of honor and reputation, hate speech or invasion of privacy and personal identity. Considering the interrelatedness of the protected values contained in the corpus of human rights and freedoms, freedom of expression is bound by substantive and concordant limitations. Rights are part of the habitus of freedom. All rights are conditioned by personality rights. The freedom of expression of the media implies the right to seek, receive and impart information by means of speech, writing, television or other means of public communication. The media freedom of expression calls for more responsibility because all mass media communication is aimed at the general public. Therefore, the very habitus of freedom does not make any allowances for violating the constitutional order, endangeringthe public security and territorial integrity of the country, propagating warfare, incitingviolence, advocating hatred, hostility and discrimination, jeopardizing the independence of the judiciary, endangering public health and moral. The exercise of the freedom of expression depends on the global media freedom and the individual freedom of journalists. The media include newspapers, radio, television, news agency services, the Internet and electronic editions of the printed media, and other means of mass communication and public information. The journalists’ freedom implies their right to be independent and free from any undue influence in performing their work. Personality rights concordantly restrict the media freedom of expression so that it would not jeopardize the constitutionally guaranteed rights of persons who the published information refers to. These personality rights include: 1) the right to life and integrity, 2) the right to honor and reputation, 3) the right to integrity, 4) the right to legal protection against hate speech, 5) the right to privacy, 6) the right seek a reply and a correction, 7) the right to recall some information, 8) the right to prohibit reissuing some information, 9) the right to publish information on the outcome of criminal proceedings,10) the right to seek monetary compensation (damages). The concordant limitations are supplemented by the standards of journalists’ professional ethics. In order to avoid conflicts, the media freedom of expression must be cross referenced with the rights of persons the media information refers to. In case of collision,these rights and freedoms should be balanced and brought into the state of equilibrium.

СЛОБОДА ИЗРАЖАВАЊА МЕДИЈА У ПРАКСИ ЕВРОПСКОГ СУДА ЗА ЉУДСКА ПРАВА

Author(s): Sanja Đorđević / Language(s): Serbian / Issue: 61/2012

An important element of the complex human right - freedom of expression, is free and unhindered dissemination of information. Freedom of expression is regulated according to the Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, and represents a right with a specific legal nature due to the fact that it constitutes a link between civil and political rights. The media, as means of mass communication, have a primary obligation of spreading general and complete information about matters of public importance. As primarily transmitters of information in modern democratic societies, the media can be present in a dual capacity: as violators or as beneficiaries of freedom of expression. The European Court of Human Rights has, throughout its jurisprudence concerning the relationship between Art. 10 of the Convention and the role of media in society, defined the European standards for freedom of expression. The most important issues which arose in Court jurisprudence concern hate speech, protection of journalistic sources, criticism of decision-making process and the judiciary, as well as derogation in respect of the proportionality test. Also, a significant shift of the boundary between freedom of expression and the right to respect of private life, as well as the boundary between freedom of expression and defamation, occurred in favor of freedom of expression during the ongoing development of the Court jurisprudence. The identified standards and limitations are primarily addressed to the government and media as dominant actors in the process of exchanging information, bearing in mind their system of permits, and financial power, respectively.

Слобода као социолошки појам - неколико размишљања о основним претпоставкама питања о слободи

Author(s): Aleksandar Novaković / Language(s): Serbian / Issue: 4/2011

In this paper we consider the question of freedom in social context. Therefore, we will not deal here with the philosophical problem of free will, we will rather assume along with Immanuel Kant – and almost all other classical liberal philosophers, that man is basically a free being, so the main preoccupation of this paper will be freedom in society, freedom as a social phenomenon. It will be shown that its valid theoretical definition presuppose that it cannot be thought neither within the paradigm of any sort of collectivity (nation, class, gender, etc.), nor in terms of individual subjectivity (psychological, specific philosophical, theological, or other subjective motives and considerations, foreign to the social aspect of freedom). The main thesis of this paper is that the issue of freedom can be contextualized and positioned only on the individual level, and with the help of theoretical and methodo logical apparatus of natural law theory – that is, from the perspective of a hypothetical state of nature. In this sense, a structural theoretical deficit of all ideologies and political theories that treat the issue of freedom on different grounds will be exposed. We will, also, explain that usual misinterpretations of the social notion of freedom are due to the fact that its semantic sphere is often being filled with the elements not essentially connected with the concept of freedom as sociological one.

СЛОБОДА КРЕТАЊА РАДНИКА У ЕВРОПСКОЈ УНИЈИ

Author(s): Goran Obradović / Language(s): Serbian / Issue: 44/2004

One of the prominent features of the European Union is the community law, which incorporates community labour law. The free movement of workforce is regarded as one of the four fundamental freedoms in the EU law, and one of the basic principles of community labour law. The freedom of movement within the European Union is a right which has its origins in the EC founding treaties. The right was later expanded by the provisions of secondary legislation, as well as the judicial practice of the Court of Justice of the European Communities, whose integrationist approach was in constant conflict with the restrictive interpretation of this freedom by the member states. It is through the secondary legislation and the practice of the Court of Justice that the development of this freedom and its gradual expansion is. most apparent. Providing - on the outset - for a very small number of people, it evolved into the concept "the citizenship of the Communities". In this paper, the author presents the basic acts important for the free movement of workforce in the European Union, the contents as well as the limitations of this freedom.