Psychological Profile of a Serial Killer (Based on the Novel “Silence” by Thomas Raab)

Author(s): Ivan Megela,Kateryna Mehela / Language(s): English Issue: 4/2022

The research deals with the issue of genre hybridization in the novel “Silence – Chronicle of a Killer” written by a contemporary Austrian writer Thomas Raab. An examination of the novel's composition and structure, as a text in motion, has been accomplished in the article. The novel “Silence” is an excellent illustration of how the genre of adventure has been adapted to include elements of science fiction. This novel is a love tale, a rural life saga, a formation narrative, and a psychological thriller all in one. As a fictionalized account of the life of a serial murderer with hypersensitive hearing who became a legend for his mental torment and suffering, it serves both as a biography and a thriller. Novelist Raab uses elements from classic horror novels like Frankenstein, German romantics, in particular, G. Kleist, the tale of Casper Hauser, and detective novels like Friedrich Durrenmatt's "Promise" to tell the story of Casper Hauser's disappearance in his book. A new aesthetic experience may be formed at various degrees of identification ranging from naive perception to higher levels of literary reception. Concentration is required for poetic and philosophical substance. Michel Focalut's nomadism, marginality, and authoritarian power rhetoric have been discussed in this article. The novel's ultimate content has been disclosed as the aphesis torment, emotional sublimation, as the birth of an artwork and, at the same time, death of the author, who exposes discourses, accountable for creating texts that are allocated to him.

Конвоирането на лица – сравнителен анализ на нормативната уредба в Република България и проекта за Инструкция за организацията и реда за осъществяване на конвойната дейност от Главна дирекция „Охрана”

Author(s): Denitza Mitrova / Language(s): Bulgarian Issue: 10/2022

An important year for the escorting of detained persons is 2019, when the Law on the Execution of Sentences and Detention in custody introduces special rules that apply only to places of deprivation of liberty and the Decision of May 2 in the case „Vetsev v. Bulgaria “of the ECHR. The court in Strasbourg, in the said decision, accepted that a violation of Art. 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as "the national authorities refused the applicant's request to attend the funeral of his brother on the grounds that such a possibility was not contained in the national legislation...". This lacuna in the regulatory framework was removed only in 2022, when the corresponding addition to the Judicial System Act was adopted, in the part regulating the functions and powers of the General Directorate "Security" under the Ministry of Justice. The rules of conduct in the performance of this specific activity are regulated in by-laws, the unifying factor between which is a specific category of persons. The article analyzes the normative decisions regarding identical rules of conduct regarding the concept of "convoying", the categories of escorted persons, use of handcuffs, admissible belongings during convoying and requirements that detention facilities must meet.

Приемане на предложение за сключване на договор според Конвенцията на ООН относно договорите за международна продажба на стоки

Author(s): Cyril Cyrov / Language(s): Bulgarian Issue: 10/2022

The acceptance of a proposal for the conclusion of a contract in conformity with the United Nations Convention on Contracts for the International Sale of Goods is analyzed in the research. The essence of the definition for the acceptance of a proposal which is adopted in this Convention and when the acceptance of a proposal generates an action was disclosed. The acceptance of a proposal through “behavior” is analyzed at the end of the research. The acceptance is created by an act of volition or other behavior of the recipient of the proposal indicating that he agrees to the proposal. The silence or the omission by themselves do not mean acceptance. This Convention does not determine a particular form for the validity of the acceptance.

Забравеният писател и юрист Стефан Руневски топи перото си в черното мастило на живота

Author(s): Veselin Vuchkov,Mirela Kostadinova / Language(s): Bulgarian Issue: 10/2022

The text is dedicated to the jurist and writer Stefan Runevsky (1877-1919). He earns a law degree in Sofia in 1910, subsequently he is admitted to the bar, and afterwards he becomes a soldier in the Balkan Wars and the First World War. He develops a disease during the war and shortly after warfare is over, he passes away.

Правото на глас на лишените от свобода и поставените под запрещение лица

Author(s): Iva Miteva-Rupcheva / Language(s): Bulgarian Issue: 1/2021

Persons serving a prison sentence, regardless of the crime committed or the term of the punishment imposed, and persons subject to a legal incapacity continue to be deprived of the right to vote. The article contains analysis of the provisions of the Bulgarian legislation and comparison with the rulings of the European Court of Human Rights and the opinions of international organisations in the matter under consideration. Conclusions and recommendations de lege ferenda are drawn for regulatory review of the automatic restriction introduced.

Разпит на дете в наказателното производство

Author(s): Petya Odjakova / Language(s): Bulgarian Issue: 1/2021

The article Towards interrogation of a child in criminal procedure is intended to acquaint a reader with the modern concept of obedience of the rights of the child in his or hers interrogation in criminal procedure and is aimed to introduce modern view towards these rights in criminal jurisprudence. In a subtitle National and Supranational Law. Good International Practices the stress is put upon the obligation of a state to guarantee the highest interest of a child – victim of a crime, in his or hers interrogation and to apply the higher standard whenever national law applies lesser standard of protection.

Съдебна власт : Тълкувателно решение на ВКС във връзка с прекратяване на трудов договор от работодател

Author(s): Author Not Specified / Language(s): Bulgarian Issue: 1/2021

Библиотеката на СЮБ представя

Author(s): Author Not Specified / Language(s): Bulgarian Issue: 1/2021

Trends in the Development of the Legal Framework of the Stabilization Proceedings According to the Proposed Changes in the Commercial Law

Author(s): Milena Tsvetkovska / Language(s): Bulgarian Issue: 2/2022

In the month of May 2022, a Draft Law on Amendments and Supplements to the Trade Law was proposed for public discussion, which envisages serious changes in the matter of merchant stabilization. The present study aims to examine some of the proposed changes in the matter of stabilization proceedings, in comparison with the current legal framework and with the provisions of Directive (EU) 2019/1023. The topicality of the topic is determined by the need to achieve harmonization in the legal framework of individual member states, which is synchronized with European standards and creates effective mechanisms for the preventive restructuring of viable enterprises with financial difficulties.

Unele trăsături generale ale orînduirii politice a Moldovei medievale

Author(s): Octavian Bejan / Language(s): Romanian Issue: 5/2022

La théorie de l’autoritarisme non limité des dirigeants moldaves semble douteuse à la lumière des nouvelles découvertes scientifiques faites dans d’autres domaines de la science. Pour éclairer ces choses, nous avons accomplie une recherche scientifique, en utilisant la méthode de l’analyse de contenu des écrites médiévales et la méthode de la construction abstraite de l’interprétation des données recueillis et d’acquisition des novelles connaissances. Selon les données obtenues et les interprétations faites, de l’apparition de l’État Moldove et, au moins, jusqu’au Dimitrie Cantemir, dans la société, a régné la démocratie, donc les dirigeants du pays se soumettaient à la volonté de people. L’administration du pays était, selon la loi, accompli par un seul homme, le dirigeant (domnitor, en roumaine), mais en fait ce dirigeant se consultait et se dirigeait en grande mesure par l’opinion des fonctionnaires de haut niveau de l’appareil d’État, qui formait le conseil du pays. People et fonctionnaires se soulever rapidement contre les dirigeants qui violaient la volonté de people, trahiraient le pays ou oubliaient faire son devoir de dirigeant. Les meilleurs hommes du pays étaient enrôlés parmi les fonctionnaires, c’est-à-dire parmi les dirigeants de tout niveau. L’état de choses a commencé se dégrader après l’adoption de la pratique de nommer comme dirigeant des étrangers et, à la suite, le changement du régime singouriste avec le régime féodal. La mauvaise situation du pays et du people se perpétué en capitalisme.

КВЕСТОР – КВЕЗИТОР – КЈЕСТОР

Author(s): Tamara Ilić / Language(s): Serbian Issue: 59/2022

The paper offers an analysis of the office based on different types of sources. The first stage in the shaping of the imperial quaestorate was the creation of the function of quaestor sacri palatii and its subsequent use in the Dominate period. In the legislation issued by Emperor Justinian I, the quaestor became the quaesitor (quaesitorος) and acquired new roles. Later legislators did not distinguish between the quaestor and the quaesitor and hence describe a hybrid institution rooted in both Roman and Justinian’s laws. The legal sources, particularly the surviving documentary and sigillographic material, leave plenty of room for an analysis of the duties performed by the quaestor, most commonly referred to in post- -tenth century sources as the κοιαίστωρ. In line with this explanation, after an overview of the relevant sources and the existing literature on the subject, the paper describes the first stage in the shaping of this office (I); offers a scholarly exploration of the laws promulgated by Justinian I (II); analyzes the office of the quaestor/quaesitor in the most under-researched periods in the evolution of this function, the Middle and Late Byzantine periods (III and IV); finally, the last chapter (V) brings a list of the known holders of the quaestor/quaesitor office (and dignity) starting from the 7th century, which is included as an appendix.

УГОВОР О ЗАЈМУ И ЗАШТИТА ДУЖНИКА ОД ЗЕЛЕНАШКИХ КАМАТА У СРЕДЊОВЕКОВНОМ СРПСКОМ ПРАВУ (с освртом на утицај византијског права)

Author(s): Srđan Šarkić / Language(s): Serbian Issue: 59/2022

Loan is delivery by one party to and receipt by another party of sum of money upon agreement, to repay it without (Roman mutuum) or with (Roman fenus). In Roman law, in the case of money, it could be required to pay interest if there had been a special stipulation to that effect. Rates of interest were limited from time of the XII Tables till Justinian’s legislation. Under the influence of the provisions of the Scriptures the canons of Christian Church councils anathematized taking of interest as an usury, and Procheiron explicitely forbids it. However, taking of interest became a need of economic life, so the Novella LXXXIII of Emperor Leo VI allowed the interest with a rate of 4%, and Basilika repeated the provisions of Justinian’s legislation. Matheas Blastares introduced in his Syntagma two chapters regarding interest, exposing ecclesiastical rules and secular laws. Serbian charters and Law Code of Stefan Dušan do not mention the contract of loan, but Saint Archangels’ chrysobull forbids to the monks to let the money at interest.

ОБРОК ИЗ ЧЛАНА 110. ДУШАНОВОГ ЗАКОНИКА И ПОСУЛ ИЗ ЗАКОНСКИХ СПОМЕНИКА РУСКОГ СРЕДЊОВЕКОВНОГ ПРАВА

Author(s): Zoran Čvorović / Language(s): Serbian Issue: 59/2022

The provision of Article 110 of Dushan’s Code, which prohibits judges from taking obrok by force, has not been examined from a comparative legal point of view, although in civilizationally close Russian law, primarily in the Sudebniks from 1497 and 1550 and the Saborno ulozhenie from 1649, there are similar anti-corruption regulations that prohibit judges from taking posul. The evolution of the concept of posul in Russian law, as well as the related tax institutions of obrok and korm, sheds a different light both on the overall development of the tax institution if obrok in Serbian law during the 13th and 14th centuries, as well as on the meaning of Article 110 of Dushan’s Code itself. While previous research on the Serbian obrok gives an extremely static view of this fiscal institution, according to which obrok from Dushan’s Code has the same meaning as obrok from the Bistrica Charter of King Stefan Vladislav, the related regulations of Russian legal sources show that the same tax expressions over time received a completely different legal meaning. This paper starts from the premise that the new meaning of the term “obrok” from the Article 110 of Dushan’s Code is directly related to the changes in the organization of Dushan’s state, which in its legal nature is close to the Muscovite state of Emperor Ivan IV Vasilyevich.

A CASE OF "FRIENDLINESS IS NEXT TO STATELINESS"? THE MIGRATION OF CONSTITUTIONAL IDEAS ON EURO-CONFORM INTERPRETATION OF NATIONAL LAW

Author(s): Allan F. Tatham / Language(s): English Issue: 1/2013

Both national constitutional courts in this short study have opened up their constitutional systems to European integration through their use of the principle of openness to European law. Although initially developed within the context of openness to international law as a constitutional principle in Germany, it was the CT which transformed this concept into one of openness to European law as a way of coping with the demands of the Europe Agreement before EU accession. Its further refinement of the principle and evident limits to its application in the interpretation of national constitutional and ordinary laws, based on the essential core of sovereignty, have been followed by the FCC in the Lisbon case. With the FCC's ruling in Honeywell being received by the CT in EU Regulation, the migration of this concept back and forth between systems evinces the continuing existence of a judicial dialogue between domestic constitutional courts in the face of ever deepening European integration. No doubt other concepts, originated and developed by the constitutional judiciaries in the new EU Member States, will also migrate in time to form part of the principles in older Member States.

BRUSSELS I RECAST AND THE SOUTH-EAST EUROPE

Author(s): Zlatan Meškić,Dženana Radončić / Language(s): English Issue: 1/2013

The recast of the Brussels I Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters arouses interest in the region in terms of both aspects, harmonization of the national legislation with the PIL of EU and its application in the courts of the Member States on matters related to the SEE countries. The obligation to harmonize national legislation with the Brussels I Regulation in the pre-accession period is disputable, as the regulations may not be transposed in the national law and the Brussels I Regime is based on the mutual trust between Member States, with no benefits for (potential) candidate states. The national legislators of the South East Europe used the Brussels I regime as a model for the reforms of their Private International Law Acts, but also to create a regional multilateral convention with identical content as the Brussels I Regulation, which is called the Sarajevo Convention. This leads to an interesting situation where the EU Member States and the Lugano Convention parties will become third States to their own regime taken over in the Sarajevo Convention. Consequently, the reform of the status of third States in the Brussels I recast gets a new dimension for both, the SEE states and the Member States of the EU.

PRVI KONGRES EVROPSKOG SAVEZA - POKUŠAJ USPOSTAVLJANJA EVROPSKE FEDERACIJE

Author(s): Jelena Ćeranić / Language(s): Serbian Issue: 1/2013

The paper deals with the First Congress of the European Alliance held in 1909 in Rome which goal was to initiate work on establishing a European State Alliance, as the only way to secure a lasting European peace. Professor Zivojin M. Peric, as a representative of the Kingdom of Serbia, participated at the Congress and had a remarkable presentation. After introductory notes with regard to development of idea of European integration, the first part of the paper is devoted to the initiative to convene the Congress, namely a memorandum sent with the invitation, which draws parallels between the economic and financial situation of Europe and the United States. The work of the Congress is presented in the second part of the paper. Special attention is given to report of Professor Peric within the legal section. In the third part of the paper the author presents the conclusions and recommendations of the Congress.

Abordări privind cauzele şi condiţiile ce favorizează încălcarea drepturilor civile la realizarea măsurilor speciale de investigaţie

Author(s): Boris Glavan,Ghennadi Calcavura / Language(s): Romanian Issue: 5/2022

This study is dedicated to the field of special investigation activity, approaching a subject of special importance both theoretically and practically. The actuality of identifying and analyzing the causes and conditions that favor the violation of the civil rights to the special investigation measures derive from the acute need for improving the image and confidence of the citizen in the authorized bodies to protect the constitutional values by practicing the special investigation activity. In order to carry out the purpose of the research aimed at revealing, highlighting and analyzing the causes and conditions that favor the violation of civil rights to carry out the special investigative measures, the traditional research methods were used, including the survey method, the relevant national and abroad literature. The results obtained within this research will replace the theoretical-methodological deficit of the special investigations activity, serving, at the same time, to initiate other studies in this research segment.

REFLEXIVE CONTRACT GOVERNANCE IN THE EU?: 'CRITIQUE OF THE DRAFT REGULATION FOR A COMMON EUROPEAN SALES LAW' (CWSIL)

Author(s): Norbert Reich / Language(s): English Issue: 2-3/2012

Contract law has been in a process of rapid development in the EU in the last years. It has started from rather modest common (now internal) market and consumer protection perspectives where David Trubek has been a critical observer from the outset with a strong interest in alternative modes of regulation like 'soft law' and 'open methods of coordination (OMC)' beyond the traditional 'Community method', based on his socio-legal experiences in a federal system like the US. Following this legacy, the paper first makes reference to EU-consumer legislation which has undergone an attempt of review by modifying the original 'minimum' to a 'full harmonisation approach' but which resulted in some sort of 'half harmonisation' in the recent Consumer Rights Directive (CRD) 2011/83/EU of 18.10.2011. Even more ambitious are EU-Commission plans to introduce an 'Optional EU contract law' for businesses and consumers based on prior work of expert commissions consisting mostly of law teachers. This has resulted in a Commission proposal for a 'Regulation on a Common European Sales law' (CESL) of 11.10.2011 which raises a multitude of constitutional, political and legal questions. The author challenges the conceptual basis of the proposal under the 'necessity test' of the proportionality requirement of Art. 5 (4) TFEU. Instead, recourse to the reflections of David Trubek is recommended which would encourage a 'reflexive contract governance' as a combination of 'hard' and 'soft law' methods of regulation, supplemented by the conflicts-of-law method. This approach should meet genuine needs of business for improved market access and guarantee a high level of consumer protection in the EU without creating additional impediments to market integration.

Glosa aprobująca do wyroku Wojewódzkiego Sądu Administracyjnego w Szczecinie z 27 stycznia 2022 roku, sygn. akt II Sa/Sz 1182/21

Author(s): Filip Zieliński-Andrysiak / Language(s): Polish Issue: 16/2022

The presented commentary concerns the judgment of the Provincial Administrative Court in Szczecin dated 27 January 2022, ref. no. II SA/Sz 1182/21, which is interesting both from the perspective of substantive administrative law and procedural administrative law. A party who applied for a care benefit due to resignation from employment or other remunerative work was not granted the benefit in administrative proceedings, so she appealed to the Provincial Administrative Court. The Court overturned the decision. It relied on a different interpretation of the negative premise (that is the applicant's right to an old age pension) than what the authorities and the applicant invoked. This ruling is important for administrative law. The court gave a pro-constitutional interpretation, departing from the literal wording of the provisions. Invoking the principle of equality before the law and social justice, it applied the negative premise in such a way that persons in a similar situation would not be financially disadvantaged, thus broadening the group of persons eligible for the benefit. Moreover, the principles of information and trust in public authority were applied in a practical and very beneficial way for the party. The author approves of the judgment under review, at the same time polemicising with the judical decisions in the presented issue.

O potrzebie reformy istniejącego modelu katastru nieruchomości w Polsce

Author(s): Monika A. Król / Language(s): Polish Issue: 16/2022