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The present article examines the ongoing in the European union reform of measures against money laundering. In an actual analysis are presented the latest legislative initiatives aimed at actualization of the measures in direction of their tightening. Based on the analysis the author makes criticisms, conclusions and summaries are made.
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The present article examines some questions, related to the employer’s legal capacity in the context of the challenges facing the employers in the modern society. In their complex interrelation the power, the obligations of the employers and their social responsibility for guaranteeing of the social labour rights of the employees and workers in the dynamics of the labour market are analyzed. Based on actual normative analysis a systematization of the components of employer’s legal capacity is made, with accent on the obligations, which need actualization in the modern environment. The challenges in front of the labour legislation are outlined and concrete proposals for improving of the regulations are made. The author’s scientific thesis is about the need of actualization of the employer’s legal capacity and power and their linking to the corporate social responsibility.
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Taxes are a basic constitutional obligation. Indirect taxes, especially the Value Added Tax, are the most important source of revenues for the budget in Bulgaria. Beside the laws of the Member States, the European Union has adopted a common system of the Value Added Tax, which insures the functioning of the internal market and also applies to the retail trade. The harmonization of the VAT system has the objective to achieve neutrality and simplicity of the taxation. However, some provisions of the national legislations of the Member States could undermine the main goals of the VAT-Directive. The aim of this report is to outline some problems that arose in connection with one of the latest amendments in Bulgarian VAT Law.
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The article substantiates the idea that continuous changes in criminal law aimed at increasing repression should not be the basis of a modern penal policy. Penal policy formulation correlates with the level of scientific knowledge on the subject of criminal activity, crime, criminal offender, victim of crime, the effectiveness of criminal acts and justice. There can't be any consistent and efficient penal policy without the joint expertise of professionals from a wide range of legal science and law practice fields. This policy should be focused towards a well thought-out science-based strategy.
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The article analyzes the scope of a modern and effective penal policy through the prism of the draft Criminal Policy Concept 2020-2025.
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This article argues that more and better knowledge about the past and present of the formula ‘freedom of religion or belief’ is likely to result in a stronger consistency between the terminology and the concept, while being conducive to a richer national and international conversation on the protection and promotion of ‘religion or belief’ related rights and freedoms. In the first section (The emergence) the author maps the chronology and context of the emergence of the formula: while confirming the importance of the United Nations, it is emphasized that UN documents were not alone, and were not in isolation. In particular, the importance of the Conference, then Organisation for Security and Cooperation in Europe, and of a general international conversation, accelerated by the adoption in 1998 of the US International Religious Freedom Act, is underlined. In the second section (The features) the most significant features of the formula are identified, and it is suggested that those features should be taken as the reasons why in the last two decades the formula has proved successful at the UN and OSCE level, as well as in the context of the European Union, mainly in its external action. In the third section (The EU laboratory) the formula is mapped in the EU context and the EU framework is interpreted as a laboratory where the formula is received, challenged and reinvented in a variety of ways. In the fourth and final session (The translation) ten sets of questions are offered with respect to the linguistic and legal translation of the formula in EU Member States. If addressed, it is held, those questions might considerably improve knowledge on the formula in both its top-down and bottom-up dynamic unfolding, thus empowering scholars and actors engaged with combining the global power of the formula in English and its variations in different languages and cultures.
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The manifestation of religious beliefs under Article 9 of the European Convention on Human Rights is not absolute but may be subject to prescribed limitations. This article discusses the nature and extent of those limitations, as interpreted in the case law of the European Court of Human Rights from its decision in Kokkinakis v. Greece up to the present. It contrasts the prescriptive text of the Article with its loose and inconsistent interpretation by the Court in Strasbourg. Particular attention is given to the criteria of ‘prescribed by law’, ‘necessary in a democratic society’, ‘public safety’, ‘public order, health or morals’ and ‘the rights and freedoms of others’. This article seeks to extract clear principles from the contradictory and confusing jurisprudence, particularly at its intersection with the Court’s illusory doctrine of margin of appreciation.
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The aim of this paper is first to present a legal history analysis of the phenomenon of clandestine marriages in modern England, where the institution of marriage was still partially under canon law and ecclesiastical jurisdiction. Then, the analysis focuses on An act for the better preventing of clandestine marriages, enacted by Parliament in 1753. This act, passed on the initiative of the Lord Chancellor Hardwicke (hence the common name Lord Hardwicke’s Marriage Act), aimed to eliminate clandestine marriages from social practices by introducing a formal ceremony of marriage under the pain of nullity (a diriment impediment). The key elements of the new measure were the obligation to marry in the parish church and, in the case of minors, to obtain a prior parental consent for marriage. The solutions adopted in the Hardwicke’s Act and the very fact of their introduction by Parliament have initiated the process of taking over the Church of England’s marital jurisdiction by the State. This phenomenon was already debated at the time and remains an important subject of contemporary research on the Act. The conclusions of the analysis confirm the particular importance of the Hardwicke’s Act for the further evolution of the marriage institution in England, which justifies naming it the “first” English marriage act.
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The Second Polish Republic was a state that put a special emphasis on the safety of its political borders and on the integration of the people living on the territory of the reborn state. The guarantee to adjust the new canonical administrative division of the Catholic Church in Poland to the political borders of the new state, which was included in Article 9 of the Concordat of 10 February 1925, was of special importance to the Polish Republic at the beginning of its statehood. On the basis of the idea of the separation of church and state, the present article aims to show how the canon-law instruments were applied to achieve the goal of the territorial and social integration of the Second Polish Republic. The signatories of the Concordat were obviously aware of the fact that the legal instruments at the disposal of the Holy See were canon-law instruments. As such, they were not appropriate to confirm or guarantee the shape of the political borders of the state. However, the fact that they made it possible to map the existing political borders of the state onto the canonical chart of the contemporary Catholic Church in Europe is undeniable. When it comes to the integration of the Polish people, it was not possible to overlook the fact that the Roman Catholic Church was “the religion of the preponderant majority of the nation” in the Second Polish Republic, as stated in Article 114 the Constitution of 1921. Thus, the integration of the structures of the Catholic Church was of fundamental importance not only to its own efficiency within the borders of the state, but also to the social integration of the country, where 75% of the people declared the Catholic faith.
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Freedom of assembly may be also the subject of restrictions due to the need to protect public morality. Public morality is a premise for this freedom restricting under both international and national law. The research objective of the contribution is firstly, to show public morality as a premise of freedom of assembly restricting in the context of international and constitutional regulations and then, to show detailed statutory premises for interference with freedom of assembly included in the range of public morality. Although the possibilities for the freedom of assembly restricting due to the need to protect public morality are stipulated in the content of the ratified international agreements and also in the Constitution provisions, however statutory provisions being in force defining specific premises included in the range of public morality are also needed to restrict this freedom. Premises, which may constitute the legal basis for freedom of assembly restricting due to the need to protection of values included in public morality have been already specified in the content of some statutory regulations being in force. However, another statutory amendments allowing wider range of freedom of assembly restrictions due to the protection of public morality are required.
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This article presents an analysis of the jurisprudence of the Constitutional Tribunal in relation to the principle of respecting the autonomy and mutual independence of the State and churches and other religious organizations. In the first part, the study focuses on the provenance of the principle in question, primarily taking its comparative aspect into account. Then the principle is presented as an element of the relationship between the State and religious organizations in the jurisprudence of the Constitutional Tribunal. The subsequent parts provide an interpretation of this principle and its scope in the jurisprudence of the Constitutional Tribunal. The article ends with a discussion of the most important conclusions.
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The present paper focuses on several key issues relating to the case of Bishop Edward Janiak in the context of the movie by Marek and Tomasz Sekielski titled “Hide and seek”. The point of departure is to define the duties of the bishop under Polish law and canon law after he was informed of cases of pedophilia involving his subordinate clergy. Then, the analysis proceeds to assess the factual reliability of the movie, to what extent it violates the current law, the question of the legal protection of Bishop Janiak as well as the extra-legal aspects of his active defense. The paper concludes that the movie under discussion misrepresents not only the chronology of the events, but also the legal situation. As far as depicting Bishop Janiak as the negative character of “Hide and seek” is concerned, it was not motivated by the objective reasons, but was caused by the simple fact that the authors had the bishop’s recordings at their disposal and therefore used them in the movie.
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The concern for the youngest was given a special prominence in the social care system of the resurgent Polish State, both for humanitarian and political reasons. Pursuant to the Act of August 16, 1923 on social care, the obligation to provide and to finance social care was born by local governments units and among them by the communes. The aim of this article is to present the activity of the Department of Social Care of the Lublin City Board in the field of organizing care for children who, in accordance with the applicable legislation, were entitled to benefit from the commune assistance. To achieve this goal, the article primarily presents the functioning of Lublin care and educational institutions which provided help to the youngest. However, issues related to social care for adults and the sick remain outside the scope of this study. Another vital aim is to present the legal situation prevailing in Poland in the interwar period in the field of the development of legislation on social care, including childcare. To achieve the above presented goals, the author used mostly historical-legal method which consists in the examination and critical evaluation of the archival sources and legal phenomena. The statistical method was also broadly applied to present the numerical data illustrating the condition of social childcare organized by the Social Care Department of the Lublin City Board. The material base of this study was not only the literature on the subject, treating on the organization of the social care in the Second Polish Republic, but also archival and printed sources deposited in the National Archives in Lublin, i.e. series no. 7 – The Files of the Lublin City in the years 1918-1939. Mostly used were files of the Department of Social Care of Lublin City Board concerning the organization of the local care and educational institutions, statistic data and general reports on the activity of the Department of Social Care and reports on closed care, semi-open care, open care and other activities. Also, the reports concerning the care activity of the Department of Social Care, publicized in the Journal of the Lublin City Board [Dziennik Zarządu miasta Lublina] which was the official local government publisher of the executive body.
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The paper aims to present the circumstances and results of the event of crucial importance for European integration, which was the Hague Congress convened in 1948, as well as to present the impact of its resolutions on the process of laying the foundation for the Council of Europe and shaping the legal conditions for its functioning. The paper describes different events that are part of the integration actions undertaken on the Old Continent after World War II, including and discussing in detail the characteristics of the Congress of Europe in The Hague. On the basis of the resolutions adopted at that time, the paper analyses the circumstances and arguments in favour of the solutions put in place in the following years. The article indicates the numerous provisions of the Hague Congress resolutions which have been implemented in the process of the subsequent European integration. The description and the axiological background of the decisions made in 1948 allow a better understanding of the origins of the many institutions and processes that influenced the shaping of Europe’s legal culture over the past few decades. In addition, the article presents a broad catalogue of the figures involved in the organisation of the Hague Congress, together with their affiliation with the different views on the scope of integration. The references to source texts and literature highlighting the background of the creation of the Council of Europe make it possible to understand more fully the basis for its mission concerning the strengthening of the democratic stability and the rule of law on the continent. Ultimately, by linking the legal bases of the functioning of the Council of Europe with a description of the foundations on which it was created, the article gives us an answer to the question of why the Council of Europe has developed its own modus operandi and its own methods of influencing the legal systems of the Member States.
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This scientific study is dedicated to the legal aspects and practical problems in the Bulgarian legislation of access to healthcare for women with disabilities. Its relevance comes from the growing need to understand the legal construction linked to the right to health of one of the vulnerable groups in society. Attention herein is directed to the existing legal framework in the People with Disabilities Act, the Health Act, the Health Insurance Act and the Medical-Treatment Facilities Act, as well as separate provisions in other legal acts. The analysis is accompanied by conclusions and suggestions for optimising practice and legislation.
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The problematic aspects of corruptive behaviors has proven to be quite a challenge for modern times. Society is mostly aware that the fight against corruption is difficult, and elimination of this phenomenon seems impossible. Corruption spreads its influence due to incorrect perception of surrounding reality. Limiting corruption is complicated process reaching for psychological incentives and motives of people participating in this operation. It is said that just raising awareness about corruption is half of the success, but to achieve full “victory” it is necessary to change the attitude of people, especially youth, on the subject of this pathological phenomenon. As studies show, the essential element on limiting the corruption is to partake the educative actions. Prevention is also connected to psychology of human behavior, all the more, that this type of criminal activity can be commited directly and indirectly. Human always tries to achieve success, and corruption is this element, which on the surface seems beneficial. It starts from receiving small souvenirs. By taking part in such activity people become less neutral and objective. In the light of art. 229 k.k. corruptive behavior affects the subject, which actively takes the role of active party. In this manner such person is perceived as entrepreneurial. Considering the difficulties in determination of victim in such agreement, subject willing to take the active corruptive initiative, does not foresee the consequences of its behavior. It is considered as correct. Rationally speaking realizing the connection between legal and psychological aspect is considered a milestone in the fight against corruption. The perfection in legal regulation should be constantly supplemented with psychological analysis of corruptive behaviors.
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Crimes of desertion and self moving away has been a problem since armed forces have been existing. In the past, crime of desertion mostly had been punishable by the death penalty and in combat situations, combat officers could even kill a deserter without any criminal trial or disciplinary proceedings. When progressive humanitarianization was in progress, penalties for discussed crimes were gradually liberalized in the entire world. Those acts have negative influence not only on the morale of the army and its strength as a consequence, but it can also be bad for society. On the other hand, the very important thing is the severity of the sanction for those prohibited acts in time of peace, in warpath and in combat situations. The next important thing is changes of criminal sanction in legislations of those two socialist countries for previously mentioned acts. In this article it was indicated, that both crimes of desertion and self moving away were similar, the difference between them was indicated and there is notice that act of desertion is more harmful and punished more severely than self moving away. The goal of this article is to show material and legal basis of penal responsibility for crimes of desertion and self moving away in USSR and Polish Peoples Republic.
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The creation of the justice system in Poland after it regained its independence in 1918 is an issue which does not attract too much interest from researchers. The main problem lies in the lack of historical sources on the subject. This is particularly evident with regard to the Eastern Lands of the Second Polish Republic as the archival materials concerting those lands were either destroyed during World War II, or if they were not, they are not easily accessible today. The judicial history of the Białystok region in the interwar period is not well known precisely because of the lack of sources. To date, the attempts to describe it have been based solely on press releases – mainly from the local newspaper 'Dziennik Białostocki' - and on normative acts published in government gazettes issued by the state authorities. Memoirs have also been consulted, but there are not many of them either. As it turns out, the Lithuanian Central State Archives in Vilnius has valuable materials on the beginnings of Polish judiciary in Białystok from the period of March 1919 to June 1919. Thanks to these few documents, we can learn not only about the difficult process of creating the local judiciary, but also about the first months of its operation and the names of the people who participated in it. Due to the fact that these archives are not easily accessible and no one has reached them before, some of them (showing case-law figures) have been published as material for future research.
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The current study examines a specific case in the taxation of income from employment – Art. 15, para 3 of the OECD Model Tax Convention on Income and on Capital (OECD-MC). For this purpose, both the legal nature and the scope of the provision will be analyzed outlining its main features.
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