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„… cum statuti tanta sit auctoritas, ut eius praeceptione omnia nobis conserventur”. Wokół publikacji Wioletty Pawlikowskiej-Butterwick i Liudasa Jovaišy Vilniaus ir Žemaičių kapitulų Statutai

Author(s): Marzena Dyjakowska / Language(s): Polish / Issue: 3/2018

The purpose of this paper is to present the edition of the statutes of the Vilnius and Samogitian chapters by W. Pawlikowska-Butterwick and Liudas Jovaiša. The presentation is preceded by a description of the history of both dioceses and comments on the role of statutes as the source of the particular law of both chapters. Attention was given to the authors of the statutes, as well as their content. The editing base and the critical apparatus are discussed. Finally, attention was drawn to supplementary illustrations.

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„…Rządy nasze są popsowane, poprawy więc potrzebują, a nie odmiany…” Józefa Andrzeja Załuskiego koncepcja funkcjonowania ustroju Rzeczypospolitej

Author(s): Adam Perłakowski / Language(s): Polish / Issue: 2/2012

Józef Andrzej Załuski, bishop of Kiev and the alleged author of Opisanie krótkie niektórych interessów wewnętrznych Najjaśniejszej Rzeczypospolitej Polskiej w roku 1762 (Brief description of some internal interests of the Eminent Polish Nobiliary Republic in 1762), tried to survey a series of opinions and reflections on the constitutional system of Poland at the decline of the reign of August III of Vettin dynasty and the beginning of reign of Stanisław August Poniatowski. The major element of Załuski’s analysis is his attitude toward liberum veto which was one of the most crucial elements of the Polish constitutional system. While perceiving the negative aspect of the abuse arising from the liberum veto, Załuski considered the latter to be the immanent part of the Polish constitution. He therefore regarded the liberum veto as something unavoidable and as something what produced a counterbalance vis-à-vis the voting by majority, the latter being applied in England, Sweden and Denmark. It is easy to observe that Załuski was a firm opponent of the majority vote system. What – in his opinion - was detrimental to the Polish Republic was the absence of the effective implementation of good laws. As a result he did not see any need for the introduction of new constitutional devices. The volume published by the bishop of Kiev assumed, to a large extent, also the shape of polemics conducted by him with Stanisław Konarski and with the treaty of the latter On the Effective Advice.

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„Şi astfel toţi oamenii (nu) devin fraţi…” – criza migranţilor între bunăvoinţă şi legislaţie

Author(s): Emanuel Tăvală / Language(s): Romanian / Issue: 1/2016

Migration is in and in the news and it represents a great challenge, if not the greatest, for the nation states and for the international law. We are now used to have such subjects every day in the news, even if they are positive or negative news. The process of globalization is characterized by the mobility of capital and the inevitable expansion of markets which has denationalized national economies and territories, as well as decentered sovereignty. The process of globalization and the inevitable expansion of markets, transportation, communication, capital and skills have challenged the geographic hegemony of national governments and their borders. If there was a great debate in the 20th century with regard to the flow of highly skilled, now there is resurgence with a different direction: qualified migration is not necessarily regarded as being detrimental, labor markets are no longer viewed as national, but as international and increase in non-permanent, circular migration between nations. These three trends are mainly a result of modern ways of transportation and communication.

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„Winni zbrodni”? — o próbach rozliczenia „stalinowskich” prokuratorów w latach 1956—1958

Author(s): Diana Maksimiuk / Language(s): Polish / Issue: 5/2012

Political revival in Poland in 1956 characterised by among others a progressive freedom of speech, brought about criticism of the Stalinist period, including criticism of the judiciary. At that time, the first attempt to call Stalinist prosecutors accused of breaking law and order to account. In so doing, even the special committees were established. Their conclusions were only partially realized. None of the prosecutors indicated in the committee reports was brought to court between 1956 and 1958. The only “inconveniences” some of them experienced included relegation to a different prosecutor’s position, exemption from the prosecutor’s office or lowering the military rank in the case of military prosecutors.

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„Zasady postępowania w praktyce lekarskiej”. Komentarz do rozdziału IV Kodeksu etyki lekarskiej

Author(s): Grzegorz Wrona,Mikołaj Maśliński / Language(s): Polish / Issue: 8/2016

The present article forms the first part of the considerations on the Chapter IV of the Code of Medical Ethics, entitled „Standard of conduct of the medical practice (art. 56–68 CME). Thise paper contains an analysis of the articles 56–60 CME. According to the art. 56 KEL, the dutyof every physician is constant updating and improvement of their knowledge and skills, as wellas transferring them to their colleagues. Art. 57 CME prohibits physicians to use methods recognised by science as harmful, useless or not scientifically verified. Moreover, this provision prohibits a physician to interact with people providing treatment, and not having the authority to do so. Art. 58 CME regulates the rules of treating the medical staff by physicians. The fourth chapter also contains general guidelines on conduct of a physician towards the medical selfgovernment (Art. 59 CME). Finally, art. 60 CME defines the duties of medical chamber, in thecase of violation of the good name of the doctor when the screener for professional liability and medical court did not confirm the charges against them.

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„Žlutá hvězda“ jako diskriminační označení v protektorátu Čechy a Morava. Většinové prožitky, menšinové reakce a symbolika perzekuce

Author(s): Blanka Soukupová / Language(s): Czech / Issue: 1/2016

Social scientists often quote the idea of Max Weber that a symbol is not possible without social dialogue. Symbols may certainly fulfill the function of integration of certain groups and of strengthening their sense of belonging. But at the same time symbols may serve for the demonstration of power: So, they may deepen social and emotional insecurity of those against whom they are directed. In this article we deal with the painful experience of unfair discrimination that is linked to the “yellow star” – a yellow six-pointed star with the word “Jude” (German word for Jew) across the front in black which had to be used by Protectorate Jews after 1941. Already in 1939 the star as a symbol of discrimination had prescribed for Polish Jews.

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„Zwischen den Zeilen des Rechts“. Zu verschiedenen Funktionen der Siete Partidas Alfons X. von Kastilien

Author(s): Heidi R. Krauss / Language(s): German / Issue: 2/2017

The Siete Partidas, the famous law code, of Alfons X. of Castile, written in the 13th century offers us a great variety of topics which have to be investigated more detailed. The central question is, which functions has the text besides being a law code? The encyclopedic character of this work, provides an insight into daily life of medieval Castile and mirrors the historical frame in which it was written. One of the central ideas of the Siete Partidas was to unify the existing „laws“ in the Kingdom of Castile. But, unification also means a centralization of the power which was embodied by the king. The fact, that this was not completely accepted by other powerful people of that time made it necessary for Alfons X. to legitimate his own power. This article highlights different functions of the Siete Partidas of King Alfons X. of Castile based on a discourse analysis and a hermeneutical interpretation.

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„Европа 2020“ и трудовият договор за обучение по време на работа

Author(s): Hristo Banov / Language(s): Bulgarian / Issue: 4/2016

Lifelong learning as a priority of the “Europe 2020” strategy is reflected and successfully implemented in the employment contract with a clause for training during the process of work. After the March 2014 legislative amendments to the Labour Code the scope of this contract was doubly extended with the creation of a legal opportunity through which professional retraining of the workforce can be pursued. Thus preconditions are created for increasing employment quality jobs allowing the Republic of Bulgaria to achieve the objectives of “Europe 2020”.

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„ЗА ЕДНА КОНСТИТУЦИЯ СТИГА ТЯ ПРИНЦИПНО ДА СЪДЪРЖА ЗАКОНОДАТЕЛНИЯ ПРОЦЕС”

Author(s): Emilia Drumeva / Language(s): Bulgarian / Issue: XII/2015

The attention is on the rich substance and designation of the legislative process in constitutional state. In the limelight is the legislative function – a conjunction of law making with representation of the people, effectuated through the legislative process.

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„ЗА” ИЛИ „ПРОТИВ” НАМАЛЯВАНЕ БРОЯ НА АДМИНИСТРАТИВНИТЕ СЪДИЛИЩА

Author(s): Boyan Todorov Georgiev / Language(s): Bulgarian / Issue: 1/2011

In the last year in the public domain was posed the question for the number of regional administrative courts. It started polemics pro or con decreasing of their number. The question has both socio-political and doctrinal side. The argument for preserving the status could be justified by the growing interest in objective administrative justice as a major form of public control over the administration law.

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„ЗАДЪРЖАНЕТО ПОД СТРАЖА” НА ДОСЪДЕБНОТО ПРОИЗВОДСТВО В СИСТЕМАТА НА МЕРКИТЕ ЗА НЕОТКЛОНЕНИЕ. ИНСТАНЦИОНЕН КОНТРОЛ

Author(s): Petya Konstantinova / Language(s): Bulgarian / Issue: XIII/2015

The current article aims at analyzing the meаsures to the defendant under The Penal Procedure Code. Special attention has been made of the their legal consequences, some cases and current ploblems in practice.In conclusion this report is focusing on the standarts under European Convention of Human Rights.

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„Заједнички злочиначки подухват “ и пракса међународног суда на ратне злочине

Author(s): Goran V. Đorđević / Language(s): Serbian / Issue: 03+04/2010

The subject of discussion is the doctrine “Joint Criminal Enterprise”, as a form of determining the criminal liability used in proceedings in front of the Hague Tribunal. What is specific in this doctrine being used in Hague Tribunal’s jurisdiction is the fact that, by holding an individual criminally responsible for one concrete criminal act, he can be attributed with criminal culpability for other crimes, committed within the “Joint criminal enterprise”. Also, the experience of the Hague Tribunal has shown that participation in the joint criminal enterprise can relate to a larger number of persons, include distinctive ranks of members and different forms of organization, as grounds for criminal liability. In this sense, the author points out the significance, complexity, as well as treating this issue through the practice of the Hague Tribunal.

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„КЛАУЗАТА КРИСТОФЕРСЕН” ДЕСЕТИЛЕТИЕ ПО-КЪСНО – КРАЧКА НАПРЕД ИЛИ ДВЕ КРАЧКИ НАЗАД В ИЗГРАЖДАНЕТО НА „...ВСЕ ПО-ТЕСЕН СЪЮЗ МЕЖДУ НАРОДИТЕ НА ЕВРОПА”?

Author(s): Dimitar Angelov / Language(s): Bulgarian / Issue: XIII/2015

Determining the relationship between EU Law and the constitutional law of the Member States is among the most complex issues in the Union legal theory. The present report focuses on a particular aspect of this issue which concerns the jurisprudential evolution of the national identity clause (Art. 4, (2) TEU).

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„КЉУЧ“ ЗА ЧИТАЊЕ И ИНТЕРПРЕТАЦИЈУ ЗАКОНА О ЈАВНО-ПРИВАТНОМ ПАРТНЕРСТВУ И КОНЦЕСИЈАМА РЕПУБЛИКЕ СРБИЈЕ

Author(s): Predrag Cvetković / Language(s): Serbian / Issue: 62/2012

Public-private partnership is the object of the direct and indirect regulation of several different legal documents. The Law on Public-private partnership and concessions of Republic of Serbia (hereinafter: PPP law) and Law on Public procurement of Republic of Serbia regulate the PPP as the exclusive or one of the main elements of their regulatory scope. Indirectly, for the PPP implementation demands the application of the relevant norms of Republic of Serbia legal system; namely, the implementation of norms contained in the Law on Communal services, Public Property Law, Law on Foreign Investments and Energy Law. PPP law is the first one with sedes materiae relevance for the public-private partnership as the object of regulation. It defines: the actors of PPPs (public and private partners) and their roles; modalities of PPP projects (i.e. PPP with and without elements of concession and consequently the differences in the procedure of private partner selection); key features of public agreement as the key legal tool for implementation of PPP concept. Public-private partnership is manifold phenomenon. This characteristic has to be reflected in the process of interpretation of legal framework regulating PPP projects. The above mentioned framework has to be “read” (in the greater extent in comparison with the interpretation of other legal rules) in wider political, ethical and economic discourse. This “reading” should also comprise the view of PPP as a new form of public governance. The justification of holistic approach toward the interpretation of PPP concept lies in the fact that legal framework of public-private partnership governs the protection of the public interest and process of achieving the public good: the regulatory framework for the operation of PPP should be viewed through the glasses of need to protect those interests (the interests of first order in contemporary state).

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„МАТЕМАТИЗОВАЊЕ“ ОДМЕРАВАЊА КАЗНЕ: ЕФИКАСАН МЕТОД ЗА УЈЕДНАЧАВАЊЕ СУДСКЕ КАЗНЕНЕ ПОЛИТИКЕ ИЛИ НЕУСПЕЛИ ЕКСПЕРИМЕНТ?

Author(s): Dušica Miladinović-Stefanović / Language(s): Serbian / Issue: 85/2019

The basic postulates of the sentencing framework as we know it today were first established in the 19th century French criminal law, by introducing a system of relatively fixed penalties (a flexible range of minimum and maximum penalties instead of fixed penalties) and the institute of mitigating and aggravating circumstances. This approach has been preserved until the present day because it serves as a sort of balance or compromise between different requirements imposed on criminal law; first, it entails lex certa stemming from the principle of legality as the basic criminal law principle; second, it entails the principle of individualization, which implies the discretionary judicial authority to assess all relevant facts and adjust the imposed sentence (punishment) to the specific circumstances of a particular case, which is the presumption for exercising immediate special prevention and accomplishing other indirect penal policy objectives. However, the system of relatively fixed penalties is often put into effect by means of a fairly broad penal framework, envisaged in a separate part of the Criminal Code, whose interpretation may result in sentencing disparity. The negative consequences of uneven criminal justice policy are by no means harmless and they may have far-reaching effects, particularly considering that sentencing disparity has the capacity to diminish citizens’ confidence in the legal order and the judicial system. In order to resolve the problem of sentencing disparity, some countries has resorted to the so-called “numerical sentencing guidelines”, where the mitigating and aggravating circumstances are not subject to the discretionary judicial assessment. Instead, such circumstances have been assessed in advance and assigned certain numerical values; thus, a simple mathematical calculation of the assigned numerical values indicates the degree of severity of the committed crime and the type of sentence to be imposed in the specific case. This “mathematical” sentencing system was first applied in the US in the 1980s, but it has not had any followers until the recent reforms in Macedonian legislation. The focal point of research in this paper is the normative framework of this sentencing system in the US law and in Macedonian legislation, how it is applied in judicial practice, as well as the immediate consequences and ultimate effects of its application.

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„Правосъздаване в един глобален свят"

Author(s): Tzvetanka Spasova / Language(s): Bulgarian / Issue: 2/2007

SCIENTIFIC LIFE

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„САМОУПРАВА“ О УРЕЂЕЊУ КРАЉЕВИНЕ СХС ОД ИЗБОРА ЗА УСТАВОТВОРНУ СКУПШТИНУ ДО УСВАЈАЊА ВИДОВДАНСКОГ УСТАВА

Author(s): Nebojša Maksimović / Language(s): Serbian / Issue: 77/2017

In the Kingdom of Serbs, Croats and Slovenes (SCS), the Radical Party sought to establish and preserve the unitary state order. In the first half of 1921, the official newspaper of the Radical Party “Samouprava” (Autonomy) consistently defended this concept during the constitutional debate preceding the adoption of the Vidovdan Constitution (adopted by the Constitutional Assembly on St. Vitus’ Day, 28 June 1921). Numerous arguments were made in favor of political centralization, while challenging federalism as a good constitutional solution to internal political, national and economic relations. The arguments proposed by “Samouprava” were based on the fact that a unitary state best suited the interests of a single nation which included three Slavic tribes, wheras the federal system of government would trigger the development of “tribal” and provincial separatism. State unity was also sought for foreign policy reasons because it was believed that the federation would be resistant to external pressures, especially in the event of any confrontation with the neighboring countries.

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„СЕМЕЙНОТО ПРАВО“ НА LEGES REGIAE

Author(s): Giuseppina Maria Oliviero Niglio / Language(s): Bulgarian / Issue: 1/2017

Through the comparison of the provisions on family law attributed by Dionysius and Plutarch to the first two kings of tradition, the paper highlights how the former looks interested in regulating relations within the family, in particular the position of supremacy enjoyed by the father on children and wives, while the latter traces a sketch on the woman's social condition in the archaic era, especially of the γαμετή. It's likely that the intent and consequently the weight of the two authors' re-working intervention, even when drawing on the same sources, is different.

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„Търговска“ и „предприемаческа“ дейност и съотношението им с участието в търговско дружество

Author(s): Nikolay Pavlevchev / Language(s): Bulgarian / Issue: 2/2019

The question whether the participation in a commercial company is a commercial activity seems to be solved in a theoretical aspect. However, according to economics, the shareholder, respectively the sole owner of the capital, is the merchant. The argumentative limit between the statement that the partner with unlimited responsibility is not a merchant as opposed to the commercial Company is built on the fiction of the legal person. A modern legal phenomenon is to regulate the entrepreneurship instead of regulating the commercial activity. The difference between the concepts requires an answer of the question whether the participation in commercial company is an entrepreneurial activity. The categorical denial of the commercial /or entrepreneurial/ nature of the participation in a commercial company is likely to give an answer what is the fate of the debtor's participation in commercial company in the insolvency proceeding.

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