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СЪВРЕМЕННИ ИЗМЕРЕНИЯ НА МЕЖДУНАРОДНО ПРАВНОТО СЪТРУДНИЧЕСТВО ПРИ РАЗСЛЕДВАНЕТО НА ТРАНСГРАНИЧНИ ПРЕСТЪПЛЕНИЯ

Author(s): Ralica Voinova,Aleksandra Iliova / Language(s): Bulgarian Issue: 4/2018

This article aims to explore the latest draft legislation of EU in the area of criminal investigation of cross-border crimes. The legal mechanisms in this field need to be in line with the progress in modern electronic technologies. Cyberspace is a favorable environment for the preparation and execution of numerous crimes of a cross-border nature due to the supranational coverage of Internet. Therefore, electronic networks and communication technologies could be a valuable source of information concerning the identity of the perpetrator of any type of offense, about his/her relationship with other persons, organizations and institutions and also to contain data on the preparation and/or the consequences of the criminal act. Such information relevant to the subject-matter of criminal proceedings may be revealed through the means of gathering of electronic evidence. In this regard, in April 2018, the European Commission proposed for discussion two new legal instruments regulating the use of a European Production Order and a European Preservation Order for electronic evidence in criminal matters within the EU.

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ЕВРОПЕЙСКАТА ЗАПОВЕД ЗА РАЗСЛЕДВАНЕ – НАЙ-НОВИЯТ ИНСТРУМЕНТ ЗА СЪБИРАНЕ НА ДОКАЗАТЕЛСТВА В ЕВРОПЕЙСКИЯ СЪЮЗ

Author(s): Ralica Voinova,Stefani Mancheva / Language(s): Bulgarian Issue: 4/2018

This article aims to analyze the advantages of the latest evidence-gathering instrument within the European Union - the European Investigation Order (EIO), introduced by Directive 2014/41/EU of the European Parliament and of the. Council of 3 April 2014 regarding the European Investigation Order in criminal matters.It is essential for the effective criminal law cooperation between EU Member States to apply rational approaches to investigate crimes that ensure the speed, objectivity, comprehensiveness and legality of criminal proceedings. As an instrument based on the principle of mutual recognition of judgments, the EIO significantly simplifies and speeds up the process of collecting valid evidence across the EU, especially in the investigation of cross-border crime.

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ЗАМЕСТВАЩО СЪГЛАСИЕ ЗА ПЪТУВАНЕ НА ДЕТЕ В ЧУЖБИНА

Author(s): Milen Angelov / Language(s): Bulgarian Issue: 4/2018

This article discusses the issue and the legal framework in cases of parental refusal to have his/her child travel abroad with his/her other parent. The European Union practice on the subject is considered, as well as the preconditions that led to the legislative initiative on the adoption of Art. 127a of the Family Code and Interpretative Decision No 1 of 03.07.2017 of the General assembly of a civic college of the Supreme Court of Cassation. The case law on the subject is also examined

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СЪЗДАВАНЕ НА КАДАСТЪР В РЕПУБЛИКА ЙЕМЕН

Author(s): Salem Abobakr Banafea / Language(s): Bulgarian Issue: 1/2018

The present article investigates the order of creating of the cadastre in the Republic of Yemen. It clarifies the competences of the cadaster authorities in the performance of this activity.

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МЕДИЙНАТА ИНДУСТРИЯ В КОНТЕКСТА НА МЕЖДУНАРОДНАТА ПОЛИТИКА ЗА ИНТЕЛЕКТУАЛНА СОБСТВЕНОСТ

Author(s): Tereza Trencheva,Evelina Zdravkova / Language(s): Bulgarian Issue: 2/2019

The development of information technology creates preconditions for new connections between the media, telecommunications and information technologies. The subject of this article is the existing experience in the development of the media and their regulatory frameworks at European and world level. A review of regulations concerning freedom of expression and intellectual property in the media on the Old Continent was made in retrospect, giving special attention to the national legal framework for the media industry in Bulgaria. Some case studies are analyzed to illustrate the current state of the media industry in the world. The compulsory deposit system is presented - how it operates in European countries except for the Netherlands and Switzerland. Media legislation is in line with European legislation and the joint expertise of the Council of Europe and the European Commission. Traditional ones who follow certain professional standards adhere to ethics and codes, while in the new media, anyone can be an author, write without criteria, and create media content that is increasingly difficult to evaluate. Nowadays, as media outlets increase and media content does not increase in quality, it is more than ever necessary to have communication strategies built on the interaction of media users and media content writers, how they perceive the world and communicate with each other, have stepped up to the history and chronological development of the media and the related legislation.

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ИСТОРИЧЕСКО РАЗВИТИЕ НА МЕЖДУНАРОДНОТО СЪТРУДНИЧЕСТВО В ОБЛАСТТА НА ЗДРАВЕОПАЗВАНЕТО

Author(s): Stanislav Pavlov / Language(s): Bulgarian Issue: 2/2019

The roots of the World Health Organization (WHO) can be traced to the development of the international community’s efforts since the mid-nineteenth century to regulate health issues. They are in response to pandemic threats to Western Europe. Due to the new technologies for shipping and the development of rail transport, increased world trade and travel, cholera and subsequently yellow fever and bubonic plague are leaving their traditional endemic places in the colonies and poorer countries and reach the economically advanced countries of Western Europe. Many Europeans are beginning to believe that a period of real progress on sanitation could occur in the mid-nineteenth century. This article examines the historical development of international health cooperation from the mid-19th century to the creation of the World Health Organization in 1948.

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CAUSA PERDUTA ЛИ E РЕФЕРЕНДУМЪТ В БЪЛГАРИЯ?

Author(s): Svetoslav Mishev / Language(s): Bulgarian Issue: 2/2019

Five referendums were held in Bulgarian history. The first one was in 1922 and concerned the verdict of the guilty ones for the two national catastrophes. The second one was in 1946 regarding the change from a monarchy to republic. The third one is from 1976, related to the adoption of a new constitution. The fourth one, held in 2013, concerned the construction of a new nuclear power plant. The last one in 2015 concerns the establishment of electronic voting. Three of those five referendums have no substantial consequences.

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LEGAL AND ECONOMIC ASPECTS OF THE INTRODUCTION OF EDUCATIONAL CENSUS WHEN VOTING IN THE REPUBLIC OF BULGARIA

Author(s): Ekaterina Bogomilova / Language(s): English Issue: 2/2020

In recent years in the Republic of Bulgaria the question on educational qualification for voting has more and more been raised. The topic is quite relevant, especially when the results of the 2019 elections for representatives of the European Parliament and those for local governments report: 1) high number of invalid ballots when choosing a preference without specifying a party, 2) the refusal of voters to vote using machines, 3) the so called "election tourism” from Turkey, and 4) the vote buying. These problems raise the relevance of the role of literacy and education of voters when exercising their constitutional rights.

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Наказания и съмнения. Вместо послеслов

Author(s): Evgenia Ivanova / Language(s): Bulgarian Issue: 2/2022

The text is based on the author's long-standing research in gypsy slums, where those convicted of "preaching religious hatred" and "propaganda for war" targeted Bulgarian "Islamists" live. The harsh sentences handed down by the court of first instance and challenged by the Supreme Court gave rise to numerous doubts. The article anal-yses the reasons for issuing such sentences – too inconclusive and giving the impression of bias. At the time of the creation of this text, the case was returned to its very beginning. It remains to be seen whether it will be reinstated (with another panel) or permanently terminated. The question – how will the prisoners be considered for the years of imprisonment, for the material and moral damage inflicted on them – remains hanging for now.

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ИЗМЕНЕНИЕТО НА КЛИМАТА И ВЛИЯНИЕТО МУ ВЪРХУ ЗДРАВЕТО ПРЕЗ ПРИЗМАТА НА СЗО/ЕВРОПА

Author(s): Gabriela Belova,Anna Hristova / Language(s): Bulgarian Issue: 1/2021

Climate changes, such as rising temperatures and changing weather patterns, have certain consequences associated with the loss of individual’s favorable physical and mental health or productivity. The authors review recent WHO/Europe documents that analyze important factors: extreme heat waves, air mass movement, changed precipitation patterns, melting Arctic ice and global warming, and their impact on the health status of Europe’s population, namely increase in cardiovascular, respiratory and some infectious diseases. The consequences like worsening of food security, economic inequality and the situation of vulnerable groups have also been addressed.

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УПРАВЛЕНИЕ НА ВЪНШНИТЕ ГРАНИЦИ ПРИ ПРЕМИНАВАНЕТО ИМ МЕЖДУ ЕВРОПЕЙСКИЯ СЪЮЗ И УКРАЙНА

Author(s): Ana Stoilova / Language(s): Bulgarian Issue: 2/2023

The article discusses the operational guidelines for the management of external borders, which are related to their easier passage from Ukraine to the European Union. These measures are dictated by the ongoing hostilities in Ukraine and aim to facilitate citizens leaving Ukraine to seek protection in the Member States.

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EVALUAREA EXTRAORDINARĂ A JUDECĂTORILOR CSJ I ÎNFIINȚAREA COMISIEI DE EVALUARE A INTEGRITĂȚII CANDIDAȚILOR LA FUNCȚIA DE MEMBRU ÎN ORGANELE DE AUTOADMINISTRARE ALE JUDECĂTORILOR I PROCURORILOR SAU RISCUL ASERVIRII PUTERII JUDECĂTORETI?

Author(s): Iulian Rusanovschi / Language(s): Romanian Issue: 1/2022

In a continuous attempt to reform the judiciary in the Republic of Moldova, the Parliament and the Government have amended and adopted several normative acts that allow the evaluation of judges and prosecutors by a Commission formed by 6 members, three of them citizens of the Republic of Moldova elected by the Parliamentary majority, and the other three, foreign citizens proposed by the development partners of the Republic of Moldova. The draft Law on the Supreme Court of Justice provides in art. 13 the fact that all judges of the Supreme Court of Justice will be evaluated extraordinarily depending on the date of entry into force of this law, including those suspended. The extraordinary assessment is provided for, more recently, in the Law on the Prosecutor’s Office. These legislative changes, in addition to giving the politician direct and unconstitutional control over the judicial power, represent a surrender of sovereignty in favour of foreign states or supranational international bodies. To understand in depth the risk of implementing this system of extraordinary evaluation of judges and prosecutors, we will successively analyze the notions of sovereignty, judicial power and the principle of its independence, but also the necessity or constitutionality of implementing the extraordinary evaluation system of magistrates. Basically, we believe that an evaluation of judges and prosecutors would be opportune, but the members of such a Commission cannot be foreign citizens or persons appointed by a political body, precisely to exclude political interference in the judiciary. The political character of these normative acts but also the tendency of the executive to control the judicial power has already been sanctioned by the Constitutional Court by declaring some phrases from Law no. 26/2022 as unconstitutional.

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ARGUMENT

Author(s): / Language(s): Romanian Issue: 2/2022

The journal is structured into sections that reflect current issues in various fields, as follows: International Law, Public Law, Private Law, and Criminal Sciences. The journal continues to promote the innovative element implemented in previous issues — within the respective sections, doctoral students are admitted, the criterion being the completion of doctoral studies and the finalization of the thesis, including the initiation of the defense procedure. This exception confirms the high level of research of the doctoral students. Equally, this rule is applied to experts whose studies are of interest, especially for practitioners. Promoting the idea of supporting young scientific researchers, the journal contains a special section called 'Doctoral Tribune,' where they have the opportunity to publish their research results, with the works being reviewed by experts in the field.

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TENTATIVELE DE REGLEMENTARE A STATUTULUI JURIDIC AL COMPANIILOR MILITARE ȘI DE SECURITATE PRIVATE ÎN FEDERAȚIA RUSĂ ȘI UCRAINA

Author(s): Alexandr Cauia,Mihail Poalelungi / Language(s): Romanian Issue: 2/2022

Russian Federation and Ukraine are two ex-Soviet states that do not admit in the national legislation related to ensuring the security of the state any form of involvement of the private factor that could threaten or limit the exclusive and sovereign right of the state to use armed force However, the experience of the Russian Federation turns out to be quite extensive in terms of using the specific services of private military and security companies officially registered outside the country Also, after the events of 2014, in Ukraine there is an intensification of the legal regulation initiatives of the legal status of private military and security companies In this article, it is proposed to analyze the essence of the initiatives for legal regulation of the status of private military and security companies in the Russian Federation and Ukraine, in order to highlight the necessity and importance of this process, as well as the specific approaches in the states under analysis.

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In MEMORIAM Benjamin Berell Ferencz (1920—2023)

Author(s): Not Specified Author / Language(s): Romanian Issue: 2/2023

"Throughout his life, Benjamin Ferencz remained a passionate advocate for human rights and international justice. He consistently campaigned against war crimes and was a staunch supporter of the need to bring those responsible for atrocities to justice.

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Wokół modeli regulacji prawnej instytucji rodziny i zakresu ingerencji państwa

Author(s): Michał Peno / Language(s): Polish Issue: 1/2024

The aim of the study is to analyze and typologize the models of regulating the institution of the family and to assign the Polish model to one of these types and an indication of those rules, which, from the point of view of the legal system, constitute the essence of this type. The a simile method was applied, relating the considerations concerning individual rights and freedoms to the community which is the family. As a result, four types of model regulation (paternalistic, perfectionist, eudaimonic and liberal) were distinguished. These models were discussed. Conclusions cover the axiology of a types of regulations, as well as the rules necessary to maintain the type of regulation rooted in the legal culture.

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Ocena programowa kierunku studiów o profilu ogólnoakademickim – krytyczne refleksje na temat regulacji prawnej i praktyki jej stosowania

Author(s): Bartosz Kołaczkowski,Małgorzata Ratajczak / Language(s): Polish Issue: 1/2024

The study addresses the issue of the program evaluation of general academic studies carried out by the Polish Accreditation Committee. The analysis of the legal regulation and practice of program evaluation indicated that doubts and reservations concern both fundamental issues and specific solutions. The expression of the criteria for the program evaluation of general academic studies in an internal act – the Statute of the Polish Accreditation Committee – was considered controversial. According to the authors, the model of the self-assessment report is overly elaborate. They assessed as deficient the criteria for the selection of experts, as well as the lack of sufficiently precise regulation of the scope of their authority during programme evaluation. In conclusion, they suggested some amendments to the current legislation.

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Skutki prawne wyboru Prezesa Rady Ministrów przez Sejm w trybie art. 154 ust. 3 Konstytucji

Author(s): Radosław Grabowski / Language(s): Polish Issue: 1/2024

The opinion refers to the procedure of the appointment of the Council of Ministers under the basic procedure and the so-called reserve procedures provided for in the Polish Constitution. The author cites the constitutional principle of legalism, and the directive of cooperation to show the assumptions of the parliamentary-cabinet system. The analysis considers the procedure for the election of the Prime Minister in view of the prerogatives of the President and the powers of the Sejm depending on the mode of appointment of the new Council of Ministers. The opinion indicates that the President’s designation of the Prime Minister in the primary procedure is not arbitrary, and the selection must respect the Sejm’s majority. On the other hand, in the case of the selection of the Prime Minister by the Sejm under the reserve procedure, it does not imply automatic assumption of office, since it is necessary for the President to first issue a nomination order and take the oath of office from the Prime Minister and the Council of Ministers.

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Prawo wcześniejszego dostępu do oszczędności emerytalnych

Author(s): Piotr Russel / Language(s): English Issue: 1/2024

The article describes the Polish pension system, which consists of a non-financial defined-contribution system managed by the Social Insurance Institution, a financial defined-contribution system within the framework of open pension funds created and managed by pension companies and individual and employee pension plans managed by various financial institutions. Moreover the obligatory or optional inclusion in a given system is described. The author also indicated the conditions on which the possibility of early access to pension savings depends.

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NAČELO NE BIS IN IDEM I ODLUKE JAVNOG TUŽIOCA

Author(s): Vojislava Nikolić / Language(s): Serbian Issue: 2/2024

The prohibition of being liable to be tried or punished again in criminal proceedings for the same offence ne bis in idem – is one of fundamental criminal proceeding principles and a basic human right. It protects the defendant from reopening the proceedings for the same criminal offence in respect of which the proceedings were finalized. Primarily, the effect of this principle is related to final court decisions. Regarding the decisions of the public prosecutor, there is a legal gap. As the reformed criminal procedure provides broader jurisdiction to the public prosecutor, it has seemed a necessity to consider in this paper what status is given in practice to the decisions of this procedural entity regarding the prohibition of ne bis in idem. During the review, the views of the European Court of Human Rights and the Court of Justice of the European Union are presented, which plays a key role in defining the principles and setting standards for the application of the principle, as well as domestic case-law. The author believes that a broader interpretation should be accepted so that the effect of the ne bis in idem principle is not limited only to court decisions but also to include the decisions of the public prosecutor. In this way complete legal certainty is achieved and uncertain legal situations are eliminated.

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