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The international legal cooperation between Ukraine and the European union in building modern system of European security

Author(s): Ivan Yakoviyk,Elena Shepliakova / Language(s): English,Russian,Ukrainian Issue: 141/2018

On the way to the EU integration, Ukraine faces substantial challenges in the area of security.Europe’s number one security concern, of course, is Russian aggression in Ukraine. At the moment, the EU can be viewed rather as an informal collective security and defence organisation, but if Ukraine achieves further progress on the way to EU membership, then, in the future when the issue of Ukraine’s membership may be considered, the security status of the EU could become formalised enough and Ukraine would obtain the security guarantees of full value; which the country lacks today.

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Constraints and solutions in the implementation of international economic rights

Author(s): Matthew Enya Nwocha / Language(s): English,Russian,Ukrainian Issue: 141/2018

This Paper It has discussed economic rights contained in the major international economic instruments, namely the International Covenant on Economic, Social and Cultural Rights; the Declaration on the Right to Development; and the African Charter on Human and Peoples’ Rights. The Paper came against the background that there is need for nations, institutions and the international community to pay equal attention to economic and social rights as it does civil and political rights for in the final analysis, human rights are indivisible, inter-related and inter-dependent. The objective of this Paper,therefore, is to draw attention to this reality in order to reposition individuals and nations for economic prosperity and development. The Paper found among other things that the implementational mechanisms of these instruments are weak and ineffectual. It has also recommended amendments to the law and better strategies of implementation.

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Ochrana proti falšovaniu listín vydávaných hodnovernými miestami v stredovekom uhorskom zákonodarstve

Author(s): Miroslav Glejtek / Language(s): Slovak Issue: 1/2018

Major cases of violation of law in the Middle Ages included falsification of documents of a legal nature (charters). The falsification of documents could cause considerable damages to a property of individuals and groups of people. Due to this reason, a considerable attention was paid to falsification of documents and protection against the falsification in the medieval legislation. Important publishers of documents in the Medieval Hungarian society were the so called places of authentication (loca credibilia). The presented article focuses on the chapters and conventions that provided such function in the Middle Ages. The importance of these institutions in the protection against unauthorized publishing of charters is also evidenced in several legal standards. The article provides an analysis of the legal standards, in particular the royal decrees (laws), the customary law and particular statutes of chapters of canons.

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Žít se ctí aneb účast Věry Běhalové na církevním procesu Bárta a spol. na počátku 50. let 20. století

Author(s): Kamil Rodan / Language(s): Czech Issue: 1/2018

Religious discrimination lawsuits of the late 1940s and early 1950s are one of the darkest chapters of Czechoslovak history. In the largest of these (Bárta and Comp.), the late art historian Věra Běhalová (1922–2010) was sentenced to treason and spying at the beginning of November 1952, Věra Běhalová conscientious Catholic and female employee of the French Embassy, at the request of Charles University professor Růžena Vacková, was instructed to deliver a secret correspondence and send it by diplomatic post to the capitalist countries. The seven-year sentence was served by Věra Běhalová in full across a number of Czechoslovakian prisons, including in famous Želiezovce near Nitra in Slovakia. The desire to study forced Věra Běhalová, to emigrate in October 1969 to Austria where she studied at the University of Vienna and became famous in her field. Thanks to her unfortunate fate, she worked for the Czech diaspora abroad and helped Czech students and scientists altruisticly.

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Crime and Cyberspace

Author(s): Diana Grumeza / Language(s): English,Romanian Issue: 20/2017

The evolution of the Internet led to the birth of cyberspace. The analyze of cyberspace means an interdisciplinary approach: normative, cultural, sociological and psyhological. The Internet is now a part of our lifestyle. The evolution of the legal system should follow the world technological development. But, the cyberspace is insufficiently regulated. In this article, we analyze the international, regional regulation, but also the law in Romania and the Republic of Moldova; the link between crime, digital crime and cyberspace; the killer and the victim from crime in cyberspace.

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The Ecclesiastic Diplomacy

Author(s): Andrei Petre / Language(s): English,Romanian Issue: 20/2017

The article is structured in two parts. In the first part, I have related about the Church relations with the others orthodox Christians Churches:The preliminary panorthodox conferences then the relations between the Orthodox church and Anglicanism, Catholicism, and other Protestant Churches. In the seconds part I have aborded theme of The Saint and The Great Synod Panorthodox from Creta – the highest level of ecclesiastic diplomacy - namely „The Relations of Orthodox Church with Christians world”.

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Rezmiveş and others against Romania. Case Study

Author(s): Roxana Alina Petraru / Language(s): English,Romanian Issue: 20/2017

The Romanian penitentiary system suffers from overcrowding, improper detention conditions, insufficient security and medical staff. All these facts often result in a violation of Article 3 of the Convention by the Romanian state, which has led to many convictions and to obligations to pay an amount of over EUR 1.5 million. The agglomeration of the Strasbourg Court with repetitive cases having as its object the violation of Article 3 from the point of view of detention conditions and having the defendant the Romanian State led to the issuing of a pilot decision aimed at applying the appropriate general measures capable of solving the problem of overcrowding and inadequate detention conditions

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Executive Power of the European Commission

Author(s): Constantin Manolache / Language(s): English,Romanian Issue: 20/2017

The specialist literature from Locke and Montesquieu has established the existence of a three powers of the democratic society: legislative, executive, and judicial. At present, the European Union has not yet completed itself as a single State entity and still has no constitution, a basic document regulating the relations between these powers. Although the idea that the fundamental institutions of the European Union would operate on the organizational structures of the three powers - the European Parliament and the Council of the European Union (the legislative power), the European Commission (the executive power), the Court of Justice of the European Union (the judiciary), this innovation is still artificial. Moreover, the Treaty of Lisbon avoids highlighting the European Union's leadership, and states in its texts that there are "functions" of these institutions and not "powers." This article seeks to demonstrate the role of the European Commission as an executive power in the European space, both through the organization of this European institution and by the executive functions it holds in this respect.

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General Consideration regarding the Discrepancies Raised by Usucaption after the New Civil Code Came in Force

Author(s): Marian Russo,Leonid Chirtoaca / Language(s): English,Romanian Issue: 20/2017

The deployment of the technicality by the law maker in the regulation of the usucaption estate establishment in the context of the New civil code viewed from the perspective of desire and necessity for increased accessibility and stability, in practice encount unilateral and discretionary administrative-jurisdictional interpretations determinants in the drain of the content and the role of the legal norm. It is being born a contrast and a conflict between the indisputable social patrimony legal value of the ownership such as it is protected in L.287/2009 and the legal norms that have a lower normative power that the commun law în the matter, respectively the cadastre and real estate advertising law, number 7/1996 with his appendix - the ANCPI president's order 700 of 2014 regarding the approval of the regulation of drafting, reception and registration in the cadastral and real estate records, the latter, achieving, at different areas, forbidden additions to the law. Considerations of inadvertences in the real estate usucaption matter after the adoption of the New civil code.

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Nullity - Procedural Penalty in the New Code of Civil Procedure

Author(s): Dana Larisa Druga / Language(s): English,Romanian Issue: 20/2017

Nullity is the procedural penalty that occurs in the case of a civil procedure that does not meet the conditions required by the law to be considered a validly drawn up act and which lacks the act, in whole or in part, of the effects it would cause if it were an act concluded in compliance with the conditions of validity required by law. Undoubtedly, nullity is the most important penalty for violating procedural rules, not only because it has the most destructive effect, but also because none of the existing procedural systems can be dispensed with.

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The Risk Management of Projects Funded by European Funds. Procedural Approach

Author(s): Mihaela Brînduşa Tudose / Language(s): English,Romanian Issue: 20/2017

This study has as a starting point the theoretical, methodological and empirical evaluation of the research regarding the project risk management. The results of the evaluation were transposed on the specifics of the projects funded by European funds. The ultimate goal was to reveal a series of effective practices for the procedural approach of the project risk management financed by structural funds. The study presents the most important risks of the projects funded by the EU and points out that the most frequent and expensive risks occur during the implementation phase. Our research brings contributions on three levels: scientific (because it presents the state of knowledge in the field); methodological (because it offers its own methodology of procedural approach of risk management); practical (the study signals the most frequent and expensive risks and provides solutions for their treating).

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A Philosophy of the Economic/Business Cycle

Author(s): Alexandru Trifu / Language(s): English,Romanian Issue: 20/2017

In the present paper, we try to underline the importance of the Economic Cycles in current life and to propse and sustain the tri-phases cycles of development, as being the most suitable model for nowadays. Why? Because the decenial cycle overlaps the movements of the business institutions such as money, interest, credit, investments, in one word the true business cycle. The expansion of the credit is the propeller and the prevention of its releaserepresnts the mean the avoidance of the Business Cycles, those which shatter the current world.At the same time, the overview of Business Cycles leads to the fact that we’ve tried to sustain the most appropriate expression for these inherent ondulations of the economy and society and to highlight the model of Economic Cycles the most pliable of what is happening in the real economy of today.The cycles can not be avoided, wether there are due to the activities of a determined economic and social system and more, if there are influenced by structural and circulating financial institutions (money, interest, credit, even market) and, above all, productive investments and sustainability on the specific market.

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Threats to Auditor Independence

Author(s): Florin Ioan Scorţescu / Language(s): English,Romanian Issue: 20/2017

Acceptance audits, according to the International Standard on Auditing ISA 200 "Overall objectives of the independent auditor and an audit in accordance with International Standards on Auditing" is based on the fact that the auditor is subject to certain ethical requirements, including those relating to independence. Code of Ethics for Professional Accountants (IFAC Code), Part A, provides basic principles that auditors must comply, namely: integrity; objectivity; professional competence and due care; confidentiality; professional behavior. If are identified threats to auditor independence, except those unimportant, appropriate safeguards should be established to ensure its independence. They should be used to eliminate those threats or reduce them to an acceptable level.

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Handling Techniques. Definition, Typologies and Applications in Television

Author(s): Teodora Anca Tompea / Language(s): English,Romanian Issue: 20/2017

The main elements that define manipulation are those related to human thinking, interests, perceptions. The article include elements of manipulation techniques in the history of mankind, their classifications, based on either the tools by which the manipulation process is induced, the manipulation techniques specific to the television and the journals. The existence of television as the main means of informing any individual, predominantly in the urban environment, has allowed a number of manipulation techniques to get unhindered at the level of news as well as daily or weekly issues.

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Immigration, Cultural-Ethnic Diversity and Integration Policies

Author(s): Simona Rodat / Language(s): English,Romanian Issue: 20/2017

The recent waves of immigration to Europe have led to a number of challenges in the adoption countries at the cultural, as well at the social, structural level. The varied contrasts between the native culture of immigrants and the culture of the host societies can lead to dissensions and even social conflicts. Discussions, both theoretically and practically, on possible solutions to such problems can be found on a broad spectrum, its possible poles being the ideas of acculturation and interculturation. Moreover, the debates are not limited only to the field of culture and social interactions, but they also focus on the initiation of some actions at the social level of policies and concrete measures to facilitate the integration of migrants. The present paper is a sociological approach to these aspects, the main purpose being, on one hand, the conceptualization of the terms of diversity and integration, as well as those of acculturation, interculturation and multiculturalism, and on the other hand the delimitation of the links between the cultural level of the practices, values and symbolic representations and the structural level of integration policies. In this respect, there is analysed and discussed the extent to which public policies are characterized, besides an inherent logic of socio-economic nature, also by a logic of cultural, identitarian nature.

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Aspects of the Concept of Power in Political Thought

Author(s): Teodora Prelipcean / Language(s): English,Romanian Issue: 20/2017

The concept of power has permeated every level of reality, be it physical, biological, or social. Hence the difficulty in defining the term, as it is often seen as synonymous with force, authority, domination, etc. In this context, this study aims to define power, to highlight its various meanings and specific forms within the scope of social life, and, first and foremost, to establish its place and role within political thought. This is why aspects such as the omnipresence and the central positioning of the term in the sphere of political thinking, the analysis of power relations, the extant relationships established between power, on the one hand, and authority, force, legitimacy, or submission, on the other, are central in this paper. Last but not least, the separation of powers within the state, the relationship established between the legislature, the executive and the judiciary and the limits of each are other elements that complete our understanding of the sphere of political power.

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Утицај проширења Европске уније на процес Европских интеграција

Author(s): Danijela Lakić / Language(s): Serbian Issue: 4/2017

The EC/EU has had six enlargements in the course of its history: the first enlargement happened in 1973, and the last one in 2013. Through the enlargement process, it has grown from the community of 6 member states to the community of 28 states with over half a billion inhabitants. The aim of the paper is to explain what is implied by the process of “EU enlargement”, what its ultimate goal is, as well as to determine whether the enlargement influences the European integration process in a positive or negative way, that is, whether it is accelerated or slowed down. The enlargement process is the first peaceful, voluntary manner of joining European people into one community and under one rule in the history of Europe. The principal goal of this process is joining the European continent into a unified organisational whole in the economic, political, security and cultural sense, and strengthening the Union’s global position. The overall impact of the enlargement process on the European integration process is undoubtedly positive due to the fact that the enlargement has increased the number of participants in the integration process and the number of EU policies initiated. Each enlargement has had a different effect on the integration process, but the Eastern enlargement posed the biggest challenge. Thereby, the enlargement process translated the Western European integration process into the European integration process. It did provide the Union with the position of a global economic, but not politico-security actor.

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OGRANIČENJA EKONOMSKO-PRAVNOG AMBIJENTA U BOSNI I HERCEGOVINI ZA REALIZACIJU STRANIH DIREKTNIH INVESTICIJA

Author(s): Beriz Čivić,Alma Muratović,Anita Petrović / Language(s): Bosnian Issue: 1/2017

Attracting foreign direct investment is a common theme in Bosnia and Herzegovina. The low level of realized foreign investment is justified by the lack of active measures of the state in relation to foreign investors and systemic problems that characterize the business environment in our country. Therefore, the aim of this paper is to identify, based on the results of empirical research, the constraints of the economic-legal environment in Bosnia and Herzegovina, which are an obstacle to the realization of foreign investments. The contribution of this paper is reflected in the systematization of economic and legal factors that make Bosnia and Herzegovina a less interesting investment destination in relation to the countries of the region and in assessing the importance of certain factors for foreign investors. The results can, among other things, serve the creators of economic policies in determining priorities when planning activities to improve the image of Bosnia and Herzegovina in the eyes of foreign investors.

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Social Mentalities. Contemporary Social Perspectives

Author(s): Teodora Anca Tompea / Language(s): English,Romanian Issue: 20/2017

Mentalities appear primarily in the social field because opinion, belief and prejudice are related to the individual's psychological behavior. Subsequently, they condition the perception of reality and determine the social behavior of individuals.Mind-oriented perception is directed, stereotyped, contagious, striking a certain schematism and convenience.The attitudes most influenced by mentalities are those that guide people and social groups towards actions specific to the societies they live in. Actions relating to the preservation and development of economic, political and social structures but at the same time have strong resonances on the collective mind.The media is a general denomination of all mass media. These means are varied: the press or the electronic means of information (television, radio, computer networks). Therefore, the media is the best way of manipulating individuals by repeatedly presenting ideas, principles, opinions, etc.

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Ladina terminid Eesti riigikohtu praktika keelekasutuses

Author(s): Merike Ristikivi,Merili Riga / Language(s): Estonian Issue: 14/2018

This article offers an analysis of the usage of Latin terms in the decisions of the Supreme Court of the Republic of Estonia during the period of 1993–2016. In the language usage of the legal field, the special language of jurisprudence and the language of legislation and laws are distinguished (Oksaar 1999: 204, Mereste 2000: 412–415, Kerge 2002: 37–38, Mattila 2013: 110–112). In the special language of jurisprudence, legal issues are discussed in scientific terms, the content expressed in the language of law is described and analysed. The language of laws and legislation is used in solving and acknowledging generally important problems for the society (Mereste 2000: 415). The decisions of the Supreme Court as the judicial authority of the highest instance are the legal acts where a new law is created, thus bringing together the language of jurisprudence and legislation. Because jurisprudence is a discipline the conceptual apparatus of which has developed over centuries on the basis of the Latin language, legal professionals are using Latin as their practical working tool. The efficiency of Latin terms in professional communication and administration lies, first and foremost, in their preciseness: often, an expression consisting of just a few words conveys an important principle which may require more than one sentence to be communicated in Estonian. Therefore, it is expedient and natural to use a specific terminology, including Latin terms, in the language used in jurisprudence; however, in the language of legislation and laws, simplicity and comprehensibility of the text are expected. At the same time, the decisions of the Supreme Court as the texts based on jurisprudential argumentation are also the materials targeting general public. In this context, the article explores how many and which expressions originating from Latin are used in the court decisions and how do the Latin terms used as quotations affect the quality of legal text.

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