Osiguranje radnika kod nas

Author(s): Dušan Tomašević / Language(s): Serbian Issue: 03+04/1924

Proletarizacija radništva imala je svuda za pasledicu jačanje i širenje radničkog pokreta, a u vezi s tim i pojavu prvih radničkih zakonodavstava. Tako smo i mi, naporedo sa zakonom o Zaštiti Radnika i Zakonom o Inspekciji Rada, dobili po oslobodjeniju i Zakon o Osiguranju Radnika. No specijalno u našoj zemlji (a poimence na teritoriji ranije Kraljevine Srbije i Crne Gore), uglavnom zemljoradničkoj i sitnih sopstvenika, nisu iščezavanje primitivnog načina proizvodnje, i kapitalizam sa proletarizacijom, bili od toliko presudnog uticaja za pojavu radničkog zakonodavstva kod nas, kao što nisu bili u stanju izazvati ni proces očekivanog naglog propadanja sitnih sopstvenika, koji i dalje egzistiraju. Bilo je tu i drugih uticajnih momenata, iako na prvi pogled sporednih ali zato ne manje odlučnih.

KOMPLETNO IZDANJE KNJIGA XXV. BROJ 3-4., 1932

Author(s): Johann Wolfgang von Goethe,Pero Slijepčević,Stjepan Tropsch,Vladan Jojkić,Stanislav Vinaver,Vladimir Alekseevic Rozov,Ivo Politeo,Gustav Šamšalović / Language(s): Croatian,Serbian Issue: 03-04/1932

O starim slovenskim pravnim običajima u Dalmatinskoj Zagori

Author(s): Ivan Bulić / Language(s): Croatian Issue: 12/1932

Po istorijskim spomenicima i kulturnim tragovima dugih stoljeća, Dalmacija je neke vrste kalejdoskopa, u kojem se izmjenjuju politički i kulturni uplivi Zapada i Istoka, Rima i Vizantije, romanstva i slovenstva, paganstva, bogumilstva, hrišćanstva, i islama. Sve te izmjene i ti tragovi dominacija i kultura čine ovu zemlju, toliko bogatu prirodnim ljepotama i kontrastima, zanimljivom i privlačnom.

The situation of persons with vision impairments as voters in Poland

Author(s): Radosław Zych / Language(s): English Issue: 48 (2)/2024

The subject of this article touches upon an important aspect – realization of the voting right by a person with disabilities involving a vision impairment (hereinafter: persons with vision impairments). The aim of this discussion is to answer the question of whether the Polish electoral law requires amendment with regard to institutions associated with the organization of the electoral process and which are a facilitation for voters with vision impairments. The author analyses questions of the realization of the voting right defined in the title by persons with vision impairments. Statistics and real-life examples are quoted, including results of an interview with a University of Szczecin student with visual impairments, to illustrate real possibilities to exercise voting rights by such persons. This discussion relates to the subject matter important from the point of view of social relations. The conclusions present de lege ferenda postulates for amending the law, which would guarantee effective implementation of voting rights by persons with vision impairments.

Znaczenie nadzoru właścicielskiego w spółkach z udziałem Skarbu Państwa w systemie corporate governance

Author(s): Jakub Marchewka / Language(s): Polish Issue: 19/2024

Corporate governance is a complex issue of a practical nature that is of interest to such sciences as law, management, economics and accounting. Corporate governance refers to a system of complementary institutions (legal and economics) to ensure the proper and effective functioning of companies. The purpose of this article is to demonstrate whether corporate governance mechanisms provide the State Treasury with adequate instruments to influence companies with its shareholding. The supervision mechanisms resulting from the regulation contained in the Act on the Principles of State Property Management statute special solutions in relation to the general supervision mechanisms resulting from the Commercial Companies Code. The article uses the formal-dogmatic method.

Can Artificial Intelligence Engage in the Practice of Law as the Art of Good and Justice?

Author(s): Neringa Gaubienė / Language(s): English Issue: 2 -Special/2024

This article explores whether artificial intelligence (AI) can engage in the practice of law as an art of good and justice. It examines the historical and philosophical foundations of law as the art of promoting societal harmony and resolving moral dilemmas. The research employs critical and philosophical analysis methods integrating insights from legal scholars, ethicists, technologists, and policymakers. The study identifies AI’s potential to streamline legal processes, enhance access to justice, and reduce bias in decision-making. However, it also highlights ethical challenges such as transparency, accountability, and the impact on the legal workforce. The article emphasises the importance of striking a balance between technological innovation and human values, advocating for proactive regulation and interdisciplinary cooperation to ensure the ethical development and implementation of AI in law. The results of the study highlight the transformative potential of AI in revolutionising legal practice, emphasising its capacity to streamline processes, improve access to justice, and mitigate bias. However, ethical considerations such as transparency, accountability, and the preservation of human judgment are crucial to ensuring that AI integration in law upholds fundamental principles of justice and fairness.

İslam Hukukunda Kadınlara Tanınan Muafiyetler: Namaz ve Oruç Örnekleri

Author(s): İsa Atcı / Language(s): Turkish Issue: 53/2024

God created man in a special form and gave him reason and will. God, who created humans in two different genders, male and female, declared that superiority is not based on gender, but rather based on taqwa (piety). Accordingly, being a man is not a source of pride, nor is being a woman a degrading quality. While God has endowed man with many rights, especially the right to life, it also imposes some responsibilities. Although God considered men and women equal in creation, faith and servitude, established some different provisions regarding responsibility. One of these areas is worship. Islam does not hold women responsible for some practices related to worship. Essentially, this attitude of Islam towards women is not a devaluation or restriction, but rather a valuing and providing positive privileges over men. When we examine prayer and fasting practices closely, we see that women are not only on menstrual and puerperal days, but also on days when they have different obligations such as pregnancy and breastfeeding. Likewise, they were not obliged to perform Friday and Eid prayers by their obligations such as childcare etc. They were also excused from performing regular prayers in congregation in the mosque. It should be noted that Islam's approach to the issue is based on opportunity, need and necessity, not gender. In this context, discourses that Islam and Muslims exclude women and see them as second-class beings damage the image of Islam and Muslims. However, these accusations are baseless allegations based on distortions of the relevant provisions of Islamic law; These are baseless allegations. Our study is important in that it demonstrates that these accusations are unjustified by focusing on the positive privileges granted to women, whereas they are not granted to men. To reveal these privileges, only prayer and fasting practices have been examined within the limitation of these study and the relevant issues have been tried to be processed with evidence by making use of the basic sources of the sects. The content of the subject has been enriched within the framework of sectarian views, and current studies on the subject have been tried to be analysed. References have been to the views of the High Board of Religious Affairs. This study has refuted the unfair accusations of anti-Islamic discourses and contemporary feminist thoughts, which accuse Islam of not respecting women's rights and restricting women in the field of worship, as in many areas. Contrary to these claims, this study revealed that Islam gives women duties in accordance with their nature and exempts them from duties that would be burdensome for them.

THE JUDICIAL EXPERTISE - A MANDATORY PART OF LEGAL INVESTIGATIONS

Author(s): Dragos Chilea / Language(s): English Issue: 1/2024

Both the Civil Procedure Code and the Criminal Procedure Code as well as their application in criminal, civil, commercial and contraventional cases, state the use of scientific evidence in finding out the truth, consisting in the judicial expertise.Unless the law expressly provides for the obligation to carry out an expertise, and we consider here the forensic expertise - meant to establish the days of medical care provided, or the cause of death, or establishing the identity of a person based on the expertise of biological traces, in various other cases the procedural legislation does not oblige the court to administer scientific evidence, leaving the choice to its discretion or, where appropriate, to the criminal investigation body.However, even if there are no provisions that expressly oblige the use of judicial expertise, we consider that both the investigation and prosecution body, the policeman or the prosecutor, as well as the courts, are obliged to order the performance of a judicial expertise when the facts deduced through the investigation or judgment cannot be clarified otherwise than on scientific basis and using the knowledge of experts in the respective domain. Beyond the classical forensic expertise of writing, namely the graphoscopic expertise, of ballistic expertise and automotive technical expertise on the dynamics of the occurrence of driving accidents - our list is not exhaustive - which are commonly carried out in both civil files, but especially in criminal cases there are situations in which we believe that it is necessary to administer scientific evidence to find out the truth. No matter how well prepared the person who finds and investigates a contravention or a crime, is, or those who are called upon to rule on civil cases, they cannot rule on technical issues, the existence of chemicals or possibly prohibited substances, as well as the overcoming of accepted decibels or the existence of products that could be considered waste - and the list could continue with other examples. However, in practice the tendency of those called to perform the act of justice is increasingly observed, to be limited to the mere findings made “with their own senses” by agents, local police or national police workers, employees of the Environmental Guard. These so-called technical findings or observations do not have the value of judicial expertise and cannot supplement such evidence by scientific quality or by objectivity, as long as they are drawn up by individuals who do not have the necessary and recognised level of scientific training, and are part of the bodies who only observe and note the facts and sanction them or send them to competent bodies for resolution. Consistent with European jurisprudence, we believe that finding out the truth involves the use of independent and objective judicial experts, highly trained specialists, or recognized and independent laboratories of expertise.

Статут, конституиране и структура на Националната агенция за оценяване и акредитация и нейните органи

Author(s): Aleksandar Kostov / Language(s): English,Bulgarian Issue: 1/2024

This article examines the status of the National Evaluation and Accreditation Agency as an administration and the Accreditation Council as a state authority under the Bulgarian legal system. Special attention is paid to the procedure for constituting the Accreditation Council, as well as to the legal relationships arising with its members. The internal structure of the Agency is analyzed, and the problem areas in its regulation are indicated. Also, some de lege ferenda proposals are made to resolve the highlighted issues.

Selection And CBT Treatment Pilot Program Final Evaluation Using IORNS in Macedonian Male Prison Population

Author(s): Aleksandra Dimitrovska / Language(s): English Issue: 30/2024

The treatment or the resocialization is the most important part of the prison sentence which methods can be individual and group. Motivated inmates and less resistance for the treatment are the main precondition for effective treatment. Appropriate behavior of personnel is the main factor for that result. Cognitive-behavioral therapy (CBT) as the most effective evidence based psychotherapy approach for offender population is a type for inmate treatment. CBT is a result of Aaron Beck pioneering work in the 1960s. CBT model is based on the triangle relationships between cognition, emotions and behavior. The cognition is defined as a product of the three levels: cognitive schemas, negative automatic thoughts and dysfunctional thinking or thinking errors. The inventory of risk, need and strengths (IORNS), an risk assessment instrument, based on Risk, need and responsivity (RNR) model, was used for selection of (N=27) inmates and CBT treatment pilot program final evaluation, in Macedonian prison Bitola. The evaluation was done by comparing pre and post test measures in (N=12) male inmates, as optimal number for group psychotherapy treatment. According to the RNR model the treatment program needs to be oriented to the inmates needs. Implementing CBT treatment program for group psychotherapy and IORNS as short screening tool in Macedonian prisons was the aim of the project supported by the Council of Europe in this work. The results showed significant lower Procriminal attitudes but higher Aggression because of higher Aggressive behavior in the post measures. Results and instrument can be used in next CBT programs evaluations for better rehabilitation of prison inmates and reducing recidivism.

ТЕРМИНИ, НАЗОВАВАЩИ ТЕЛЕСНИ ПОВРЕДИ В НАКАЗАТЕЛНОТО ПРАВО И В СЪДЕБНАТА МЕДИЦИНA

Author(s): Deyan Draganov / Language(s): Bulgarian Issue: 1/2023

This article examines the terminology referring to battery in criminal law and in forensic medicine. A theory is being built according to which the two sciences handle the same terms in the mentioned application field, but naming concepts that differ in their volume, content and varying signs. Terms related to the three main types of battery are examined: light, medium and severe. The empirical material is extracted from normative acts, judicial practice and theoretical sources.

Essays II/2023

Author(s): Kryštof Dvořáček,Hasan Can Özdemir,Jakub Raše / Language(s): English Issue: 28/2023

Selection of student essays on various topics concerning law and technology.

Riziko diskriminace uchazečů o zaměstnání při využívání AI systémů k jejich hodnocení

Author(s): Šimon Svoboda / Language(s): Czech Issue: 29/2024

The study examines the use of artificial intelligence (AI) in recruitment and selection processes and the associated risk of discrimination against job applicants. The study describes the potential use of AI in these processes and analyses the related discrimination and data protection legislation. The problem of discrimination by artificial intelligence is presented in general and, on this basis, the risk areas of using AI in recruitment and selection processes are subsequently identified and the possibilities of defending against discriminatory AI decisions are discussed. The aim of the study is to assess whether the current legislation is an appropriate and proper regulation of AI to ensure equal treatment and prohibition of discrimination against job applicants when using AI systems for their assessment.

Essays I/2024

Author(s): Paweł Matłacz,Barbora Spáčilová,Nikolaj Taliga,Dominik Zachar / Language(s): English Issue: 29/2024

A set of student English written essays on current ICT law topics.

GENERAL ASPECTS REGARDING THE PROTECTION OF NATIONAL MINORITIES WITHIN THE INTERNATIONAL LEGAL ORDER AND THE CONSTITUTIONAL SYSTEM FROM ROMANIA

Author(s): Ana-Daniela Bobaru / Language(s): English Issue: 2/2024

The protection of the rights of national minorities has always been a topic of interest at the international level, but more importantly at the national level, still remaining a topical subject in the contemporary legal landscape. Made out of the need to contribute to the continuous promotion of the protection of the rights of national minorities, through the correct understanding of the legal nature and content of the rights specific to this category of persons, present work, structured in three sections, offers the opportunity to respond to concerns in the field of human rights protection, in general, and the protection of the rights of national minorities at the international level and at the level of the Romanian constitutional system, in particular.

Liability of content sharing platform providers and other intermediary service providers for copyright infringement in the light of the Digital Services Act

Author(s): Anikó Grad-Gyenge / Language(s): English Issue: 2/2023

The internal copyright market of the European Union has been shaped by more than two decades of intense legislative activity. The most recent, decisive step in this process was the adoption of the so-called CDSM Directive, which also marked the end of the copyright reform process announced in 2010. The Directive is a mixed piece of legislation which has amended the copyright acquis on a number of points and opened new areas of harmonisation. Although the Directive has a horizontal scope, covering a wide range of copyright topics, it has only addressed a limited, but crucial, aspect of the operation of content sharing (platform) service providers. Research on this topic is in its infancy. Within the framework of the research programme, this paper examines - primarily from a copyright perspective - the question of how intermediary service providers, covered by the E-commerce Directive, the (partially) exempted service providers and the service providers covered by the CDSM Directive are affected by the DSA and what consequences this may have for the development and operation of copyright content providers, in particular with regard to the access to copyright content.

Unshell directive proposal – a Pandora box of unrealistic benefits, unjustified reasons and unforeseen indirect consequences

Author(s): Mădălina Cotruț / Language(s): English Issue: 2/2023

The author raises questions on the reasons and benefits specifically declared by the European Commission in the documents prepared for promoting the Unshell Directive Proposal among EU Member States with the view to assess if they prove sufficient for its implementation. Furthermore, the overview is supplemented with the analysis of consequences that may indirectly affect the taxpayers on the EU market and the tax authorities from all the EU Member States. The author questions if this proposal is really needed considering that it brings many uncertainties for both taxpayers and tax authorities.

Military Criminal Sanctions and the Peculiarities Related to their Execution in Hungary (1930 – 1948)

Author(s): József Pallo / Language(s): English Issue: 1/2024

The goal of the author is to investigate a slightly obscure topic: the practice of interwar military justice in Hungary and its related questions, with an emphasis on matters concerning the peculiarities on how to implement them. The bill – which came into effect in 1930 – was born amidst uncommon historical conditions, since the Trianon Peace Treaty basically degraded Hungary into a quasi-numb entity. It is without a doubt that the decade-long consolidation – and its achievements – that came after can be regarded as one of the most prominently successful periods of the era’s political history. The historical pressure, the necessity of being able to defend ourselves along with the importance of national security demanded that our army remained intact, despite the prohibitions that surrounded its existence. This called for ensuring that the legal environment was modernized enough to be capable of supporting this goal. The system of regulations inherited from the Austro-Hungarian monarchy was subjected to scrutiny and as a result ended up as a state-of-the art framework that even surpassed the European standards it aimed to match. This paper, putting emphasis on the most important dogmatic junctions, will further review these regulations – substantive or procedural contents alike –. After a brief diversion towards taking a glimpse into the historical situation, we will introduce the system of sanctions and punishments pertaining to military personnel, and proceed with the regulations related to their implementation, which in turn will offer a glimpse into the contemporary philosophy that surrounded military justice and procedure. In accordance, further regulations containing provisions regarding infrastructure, personnel, accommodation, and institution security in general would emerge. The author of the article provides a summary of the most important current relevant legal provisions. It touches upon the military justice system and its subsystems, introduces the more substantive procedural rules, and concludes with an argument on practical implementation. It will also raise the theoretical question on a future independent regulation which would take place in accordance with the reforms of the Hungarian military and the national strategy on defense.

The Role of Democratic Law and Theory of Society in the Work of J. A. Schumpeter. To the 140th Anniversary of Birth of Worlds Famous Economist, Lawyer, Historian, Politician, Social Philosopher and Humanist

Author(s): Jiří Bílý / Language(s): English Issue: 1/2024

The article called Marking the 140th anniversary of prof. Dr. J. A. Schumpeter?s birth. The author describes Schumpeter?s scientific works his opinion on Marx?s theories of capitalism, as well as the deep humanism of this extraordinary man, reflected in his attitude towards the people of lower status in general. The article talks about Schumpeter?s theories on the role law in the case with the interplay between law and economy, the interrelationship between law and politics. In the context of democratic society, law appears as one of the most central mechanism to ensure that the participation of the populace in a state?s governance, as well as the outcome of government in the form of legislative decisions, abide by standards of democracy.

SRAZ PRAVA I POLITIKE: MJERE OGRANIČAVANJA PROTIV OSOBA POVEZANIH S RUSKOM INVAZIJOM NA UKRAJINU POD POVEĆALOM SUDA EU

Author(s): Stjepan Novak / Language(s): Croatian Issue: 1/2024

The CJEU has consistently developed his role of the protector of the rights of the persons against whom the restrictive measures were directed. This CJEU’s role implied evaluation of the legality of the restrictive measures in the light of the principle of proportionality. Starting as a part of the fight against terrorism the CJEU’s part as a guardian of legality of restrictive measures has continued until today in the context of the Russian invasion in Ukraine. The political environment created by that situation, as important as it is, cannot transformed CJEU in the plain political body. The CJEU has to insist even more on the rights of the objects of the restrictive measures while taking into account its main goal: protection of the Union’s values, fundamental interests, security, independence and integrity as well as preservation of peace, prevention of conflicts and strengthening of international security.