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Edvard Benes was a key figure in the history of Czechoslovakia. Since 1918, when a new European order was created, Benes is always present on the political scene. He is a figure whose reputation has been subject to wide fluctuation. Now, we can say with certainty that he was a lonely figure, misunderstood and tragic. His actions were not always understood, both by supporters and opponents. The author believes that for a better understanding of Benes’ motives we should know his ideas, his political thought. This article is an attempt to reconstruct the views of the Czech politician determining his practical actions. The author claims that the colloquial views describing Benes as a bureaucrat, a skilled political player who thanks to the lack of strong political views achieves his goals, is wrong. On the contrary, often the vision of democracy, understood very originally, determined the action taken.
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The article presents the reflection on current propositions regarding new ideas of the European integrity in the social and political literature of the last years. Having assumed that the present economic crisis concerning especially the common currency – euro, therefore the crisis touching the European Union member states directly, has provoked the serious identity problem of the European Union itself, many authors are looking for other visions and there is a whole range of them: from the Union breaking- up (“Good- bye Europe”), through the social contract (as with Rousseau), and the neo- empire (revival of the medieval empire), the post- national democracy (without national states, without Westphalian states) to close federation. As they do not have the character of realistic projects ready to be applied, one cannot omit them, because they are building the excellent doctrinal background to the European integration.
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The aim of the article is to show the process of reading and interpreting the assumptions of St. Thomas Aquinas’ doctrine. The authors indicate that the main reasons of the diverse effect of Aquinas intellectual heirs’ scholarly activity are social and political realities of the age and philosophical currents they followed and faced. In almost every generation there have been new varieties of Thomism resulting from the reception of Thomas’ teaching, which is a multifarious and internally diversified phenomenon. The authors show the attitude to the interpretation of Aquinas’ doctrine from the Middle Ages till the end of the 20th century and they advance a thesis that this evolutionary process was both qualitative and quantitative.
More...Руски, М. (2016). Пасивът – средство за изразяване на авторитета в юридически текстове. София: Университетско издателство „Св. Климент Охридски“
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Europeanisation of legal scholarship and legal education facilitates the emergence of comparative legal science as a promising fresh tool to discover similarities and differences between two or more jurisdictions and their development in the past through their comparison. Yet, the specific methodology of such studies is still not clear. Some legal historians hold the opinion that comparative legal history does not or should not have its own methodology other than that of comparative law. Others warn against imposing on legal history the contemporary agenda and toolbox. The author of this article aims to clarify this debate by examining the prospect of applying one of the most popular methods of comparative law – the functional one – in the domain of legal history. On the basis of several examples from European legal past he claims that examining the functions (the social purpose) of legal norms can help legal historians in three ways. First, to determine the objects of comparison and the sources of analysis, despite the variety of verbal shortcuts (the initial stage of research). Second, to analyse legal norms from the perspective of solving social problems in the past, to study the 'law in action'. Third, to arrange the results of the research according to meaningful criteria at the final stage.
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The present paper deals with the history of abolitionism in the main European states. This essay first introduces the course of abrogation of capital punishment in its Italian cradle, then it details the steps by which the status of this kind of sanction changed in France, Germany, Austria, Switzerland, England and the Russian and Soviet Empires during the past centuries and, chiefly, the past decades. The present article covers both the early results of the abolitionist movement in the countries analysed, and the final cessation of this legal institution by which these states discontinued the practice of capital punishment for good and all.
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The present study focuses primarily on the interpretation of the idea of social administration by Magyary Zoltán among his many crucial contributions to laying the gomatical and practical grounds for Hungarian social administration. Already in his lectures and studies in the 1930s he had defined and later redefined, refined and enhanced the term of social administration. His analyses, dogmatical founding and definitions were reinforced by a complex perspective on a wide range of social sciences. As the founder of a modern synthesis of the science of administration in Hungary, he has also played an important role in reforming social administration that had become more and more important in public policy. He has enhanced the theory of administration with practical experiences of social administration and with the results of novel research on the subject
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In Turkey, the Presidency of Religious Affairs (Turkish: Diyanet Işleri Başkanligi referred to simply as the Diyanet) is an official state institution established in 1924 in article 136 of the Constitution of Turkey by the Grand National Assembly of Turkey. According to the Article 136 „The Presidency of Religious Affairs, which is within the general administration, shall exercise its duties prescribed in its particular law, in accordance with the principles of secularism, removed from all political views and ideas, and aiming at national solidarity and integrity.” The official website of the Diyanet states: “It is obvious that, in any case, a corporal identity is needed to carry out religious affairs pertaining to faith, which is an indispensable element of social life (…) that stem from the own tradition and culture of the country. (…) As well as the affairs concerning the religion of Islam, which is religion of majority, the Ottoman Empire conducted religious affairs of minorities in a sense of public service”. The Presidency regulates religious affairs, yet does it really serve the principle of secularism in Turkey for more than 80 years? This clear paradox was the main reason of my choice of subject in this paper where my aim to map the legal basis, main principles and foreign policies of this Office.
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his article deals with the ideas of Europe. Europe was on one hand the center of many crisis and wars, on the other hand a center of common cultural developments – from Christendom and Enlightment up to music, poetry and arts. The text goes back into history and shows that the visions of a common Europe did not only arise after World War II, but were already present in the Middle Ages. The theories of the ancient state-philosophers and other scholars show surprising similarities with the basic problems of the EU of nowadays. Theses visions were always combined with the deep desire and many appeals for a lasting peace in Europe – in former centuries an utopia, realized only in the second half of the 20th century.
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The subject of scientific analysis are the issues regarding the legal notion and the nature of the social security legal relationship between the social security authority and the unemployed person as a special type of social security legal relationship. Under analysis are its essential legal characteristics – its subject, contents, parties and object. Under analysis also are the facts from which emerges that social security legal relationship The thesis is supported that this constitutes a separate type of social security legal relationship and its place in the system of social security legal relationships is defined.
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The paper tackles with the legal issue of trafficking in humanbeings, which is considered to be a serious crime nowadays even though the long historic evolution of its legal regulationhas not ever been unequivocal. At the outset, the paper reviews the set of international efforts and instruments dedicated to the issue of limitation of the occasions in which trafficking in human beings occurs and in particular the 2000 United Nations Convention against Transnational Organized Crime and the Protocols thereto to which Bulgaria is a party. Besides, it is noted that on regional level in force are Council of Europe Convention on Action against Trafficking in Human Beings and a series of other EU legal instruments to combat trafficking in human beings. Moreover, it is pointed out that in compliance with its international obligations Bulgarian legislator introduced at the end of 2002 a separate set of rules on the counteraction to the traffickingin human beings, namely the provisions in section ІХ of Chapter Two of the Special Part of the Criminal Code which, following the subsequent amendments thereto, at present are embodied in the provisions of Articles 159a – 159d of the Criminal code in force in Bulgaria. Finally, in view of the need to transpose in the Criminal Code the provisions in particular of Directive 2011/36/EU of the European parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA the paper makes an analysis of the relevant proposals aiming at the amendments to be made in the Criminal Code to this end.
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The position of Bulgarian Orthodox Church on the fate of Bulgarian Jews is an example of humanity, morality and courage in a dangerous and uncertain period during the Second World War. Bulgarian clergy led by its most influential members made it possible to preserve the civilized relations in the society. Bulgarian Orthodox Church opposed official policy of the Bogdan Filov’s government and Tsar Boris III by defending not the rights of certain individuals but of the whole Bulgarian Jewish community.
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The article makes a comprehensive overview of the legalregulation regarding the European citizens' initiatives. Under particular consideration is the definition for European citizens' initiative as well as it is distinguished from the procedure of petitions to the European Parliament. The procedure is presented step by step according to the provisions of Regulation (EU) No 211/2011 of the EuropeanParliament and of the Council of 16 February 2011 on the citizens’ initiative. At the end the author presents a chronology of the so far reg-istered initiatives as well as pays due attention to the recentactivities of the Commission in order to revise the Regulation on the citizens' initiative, following a comprehensive review process.
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In 334 (945) the Buwayhids had taken management of almost all state institutions in their own hands after the conquest of Baghdad. The authority of the Abbasid Caliph whose position was reduced to a symbolic status as paid official in state administration was including only juridicial powers and managing the religious institutions such as the mosque and masjid and the institution of Niqaba al-Abbasiyin that controlled the court cases related to members of the Abbasid family. However, his jurisdiction was also subjected to intervention in the first years of the Buwayhids’ ruling in Iraq. The article deals with the founder of the Iraqi Branch of the Buyid dynasty, amir Muizz al-Dawla’s intervention in jurisdiction of the Abbasid caliph and its influence on public opinion; the events occurred after this intervention; and as well as, the functioning of the Qadi (or Kazi) Institution and the duties of qadis (judges). Furthermore, the article covers the information about the functioning of Hisbah institution of that time.
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The acts deciding on selection, appointment, nomination or deprivation have a unique legal character, regardless of which subject appears in the capacity of the enactor of the respective act – the Government, President of the Republic, National Assembly, ministry or the appropriate non-governmental subject. From the viewpoint of the coherence of the legal system coherence and of the citizens’ or artificial persons’ legal security, it is not good to treat these acts differently in situations which are in essence identical. We consider that it is a question of acts which differ from administrative acts, for a basic reason: they are passed in matters which are not administrative ones. Therefore, the distinction between matters in which decisions are made in regard to appointment, nomination or deprivation and matters of administration, regulated in Art. 43, Par. 2 of the Government Act, should be equally implemented by competent judicial instances, or by other appropriate authorities in the Republic of Serbia.
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In most European countries, the operation of cable distribution systems has almost completely been regulated in terms of engineering/technological issues and legislation. In The Republic of Serbia, however, there is still a considerable degree of obscurity in this area. Although the cable distribution of radio and TV broadcasts/output is getting incorporated into the sphere of legal economy, the insufficiencies of related legislation, deviations from the technical/technological standards and non-transparent business practices indicate the incompleteness of the regularization in this area of telecommunications. The citizens, as end users, are those who suffer most the damage caused thereby.
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In the first part of this article, the author offers an outline of Hungarian legal sources of private law applied in Vojvodina, as they were applicable in this area due to the principle of legal continuity for private law sources in the territory of the Kingdom of Serbs, Croats and Slovenes (Yugoslavia). The second part of the article describes the role of the Novi Sad Chamber of the Cassation Court (Chamber B) in creating the unique system of private law between world wars (denoted as mixed system of law), which is illustrated by case-law related to property law (peaceful possession and ownership rights). The author compares this system with the existing Serbian private law indicating the need to preserve well-drafted legal rules regardless of their background in order to create the space for a delicate task of interpreting and applying law.
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The work is focused on the vakfs in Bosanska Posavina, in Modrica, Odzak and Bosanski Samac. It deals with the issue of the area / size of the vakfs, and in particular shows the nationalization of the vakfs according to the Law on Nationalization of Leased Buildings and Construction Land of 1958. Vakfs property consisted of land plots and vakf utility and educational buildings (shops, inns, mosques, maktabs, and madrasas). Vakfs were at the heart of the emergence and development of these three places and they made outstanding contributions to religious-educational and social life of the time. Total area of the vakf in Modriča was 159.932 m2, in Odžak 163.122 m2, and in Bosanski Šamac 16.745 m2. After the nationalization law, the vakfs were taken from the Islamic community, their original purpose was changed, and eventually they were gradually destroyed. Indemnities have never been paid. In Modriča, Odžak and Bosanski Šamac, according to the Nationalization Act of 1958, three residential and commercial buildings with a total area of 450 m2 were nationalized; in Odžak, six residential and business buildings with a total area of 673 m2, and in Bosanski Šamac, six residential and business buildings with a total area of 718 m2. Altogether, fifteen residential and business buildings with an area of 1,841 m2 were nationalized.
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The article provides a comparative discourse on the ancient Babylonian civilization which emerged in Mesopotamia during the decline of Sumerian civilization. The author is especially interested in its genesis and complex relations with neighboring cultures and nations. He focuses on Babylonian religion, culture, administration and social institutions. Much attention is also paid to the Babylonian achievements in astronomy, mathematics, medicine, law, architecture, visual arts and literature.
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