Приложно поле и основни принципи на европейските регламенти в областта на социалната сигурност

Author(s): Ivaylo Epitropov / Language(s): Bulgarian Issue: 4/2014

The coordination of diverse social security systems of the Member States is one of the main priorities of the European Union. The dynamism of European integration has contributed to a Europe where the labour market perspective has developed into an individual citizens-based perspective. The article follows the historical development of the social security legal framework and explains the general principles incorporated in these legal instruments. The Union has a long history of the coordination of social security systems which aims at facilitating the free movement of citizens. The first European Economic Community (EEC) regulations on the social security coordination date back to 1958. Over the years, several amendments have been carried out to enlarge the personal and material fields of application. Since 1 January 2011, Regulation (EU) No 1231/2010 extends modernized coordination of social security systems to nationals of non-EU countries (third-country nationals) legally resident in the EU. Modernized coordination rules apply in relation to Switzerland as from 1 April 2012 and in relation to Norway, Iceland and Liechtenstein (EEA countries) as from 1 June 2012. The article focuses on the modernization of the Union-wide social security protection — the extension of both personal and material scopes of application.

Der Betrug in der ungarischen Strafrechtskodifikation an der Schwelle des 19. Jahrhunderts

Author(s): Krisztina Korsósné Delacasse / Language(s): German Issue: 2/2018

Through the analysis the regulation of fraud will given a potential answer to the question whether the attempts to modernize criminal law in Hungary at the late 18th century – considering this crime – are truly modern. In the comparison are included the Sanctio Criminalis Josephina (1787), a piece of legislation which is not commonly classified as belonging to the Hungarian codification, and the draft of the Codex Criminalis which was completed in 1795 by a committee set up by the Diet in the year following the death of Joseph II. According to scholars, this draft can be considered as the first stage in the process of a modern Hungarian criminal law codification, which was no longer mere incorporation but met the rules of codification in the narrower sense as well as the principles of the Enlightenment, and which was the beginning of a qualitatively new phase of Hungarian legal development.

Penal authority beyond crime and punishment

Author(s): Boyan Znepolski / Language(s): English Issue: 45-46/2018

Prawo odmowy zeznań przez duchownego w polskiej i niemieckiej procedurze cywilnej – analiza prawno-porównawcza

Author(s): Marek Strzała / Language(s): Polish Issue: 21/2018

Section 261 para. 2 of the Polish Code of Civil Procedure provides for the possibility to refuse testimony by a clergyman regarding facts revealed to him during confession. This regulation differs from other Polish legal procedures, which usually treat such facts as inadmissible evidence. There is an ongoing debate in the doctrine about changing the rules of the civil procedure, which, as many authors argue, does not properly protect the clergy and people who reveal information to them. Given that, a point of reference can be sought in foreign regulations, which may provide ready solutions or indicate the right direction of normative changes as well as shed some light on some potential problems with the interpretation and application of regulations already introduced in other countries. This article aims to present the regulations of the German Zivilprozessordnung concerning the clergyman’s right to refuse testimony and to compare them with the current provisions of the Polish Code of Civil Procedure. The legal-comparative analysis concerns the model of legal regulation of the right to refuse testimony by clergymen, the subjective and objective scope of this right, the duty of the judge to advise the clergyman of his rights, the admissibility of the clergyman’s testimony and the issue of protecting information revealed to clergymen outside his pastoral service.

Sprawa operacyjnego sprawdzenia kryptonim „Zakonnik”. Inwigilacja ks. Henryka Surmy przez Służbę Bezpieczeństwa w latach 1974-1977

Author(s): Andrzej Szymański / Language(s): Polish Issue: 21/2018

The aim of the study is to depict, using the case of one of the monks as an example, the operational activity of Security Service towards the clergy, who were the focus of attention of this institution due to suspicions of conducting “anti-state” activity. Such cases of operational investigation were frequently launched by Security Service in the Polish People’s Republic, and they aimed at verifying allegations of activity considered to be hostile to the communist regime. Rev. Henryk Surma, who did not consent to the communist restrictions of human rights and the authorities’ efforts to relegate the Church to the periphery of society, made attempts to gain the resources for the renovation of his parish church using his private connections with citizens of the Federal Republic of Germany. Suspected of conducting anti-state activity, he was subjected to numerous forms of control and pressure. Ultimately, the investigation was closed after several years, and the charges of conducting activity against the Polish People’s Republic were not proved. The records of the case show that Rev. Surma was a good priest whose commitment attracted the attention of Security Service. The present article is based on the archival documents from the Archive of the Institute of National Remembrance.

Formy zatrudnienia duchownego w instytucjach kościelnych po II wojnie światowej

Author(s): Tadeusz Stanisławski / Language(s): Polish Issue: 21/2018

The aim of the present article is to present the existing possibilities for the employment of the clergy by church institutions, that is, by the so-called church employers. The first part of the study depicts the situation in this regard from the end of World War II till the turn of 1989/1990. During that period, the position of public authorities clashed with that of church authorities, and the former treated the issue of the employment of the clergy in an instrumental manner, in a similar way to their social insurance and taxation. The discussion presented in this part is based on legal acts and archival documents which illustrate the way in which the law was understood and applied at the time. After 1989, the socio-economic context has undergone major changes. There are no formal obstacles for church entities to employ the clergy in employment relationships. The choice of the type of employment rests with clergymen and their employers, and the second part of the study aims to present the existing alternatives and discuss the benefits and risks/challenges associated with the current situation.

Wpływ prawodawstwa okresu Polski Ludowej na przepisy prawa wyznaniowego III Rzeczypospolitej Polskiej – wybrane zagadnienia

Author(s): Katarzyna Krzysztofek-Strzała / Language(s): Polish Issue: 21/2018

The period of the Polish People’s Republic is known as the time when the law was an instrument in the hands of the authorities, and human and citizens’ rights were only illusory. The specificity of the law during this period resulted from its being interpreted through the Marxist-Leninist ideology commonly accepted by the political decision-makers. Although the Constitution of 1952 seemed to guarantee the freedom of conscience and religion to citizens and the freedom of fulfilling religious functions to religious communities, the interpretation of the Constitution led to completely different conclusions. However, in some parts the legislation of 1944-1989 was suitable for the incorporation into the new realities of the free Poland after 1989. This incorporation often required making adjustments and adapting it to the Third Republic of Poland ruled by law; sometimes it also required rejecting an unfair law that did not guarantee the freedom of conscience and religion ensured in the Constitution of 1997. One can also point out some provisions that were a dead letter of the law during the time of the Polish People’s Republic and were only realized in the free Poland. But the fact that not all the legal solutions from 1944-1989 were rejected is an expression of the will to maintain the continuity of the law and to single out those legal acts that after the political transformation could remain in force as acts that meet the standards of the state of law.

AРБИТРАЖЪТ В АДМИНИСТРАТИВНОТО ПРАВОРАЗДАВАНЕ НА РИМСКАТА ПРАВНА СИСТЕМА

Author(s): Antonio Fernández De Buján / Language(s): Bulgarian Issue: 2/2015

The arbitration procedure as a method of settling legal disputes is no contempo-rary achievement. It was in fact developed and quite commonly used in ancient times as well, particularly in the Greco-Roman world. At first it was a tool to settle cases in the field of contract and commercial law – or, in general, private law – but with the passage of time it also became applicable to international, federal and administrative legal disputes. Both types of arbitration (in public and in pri-vate law) were based on the agreement (compromissum) between the parties to the case to allow their legal dispute to be settled by an impartial third party, whose decision would be held as legally binding. The main difference in fact lies in the parties themselves – in public arbitration it was the states or state institu-tions who, while exercising their powers, chose to enter an arbitration procedure. Apart from these general conclusions, the article also presents an in-depth analysis of actual known Roman-era international, federal and administrative cases that were settled through arbitration, many of them being connected to the usage of public waters, border delimitation, taxes and tax revenues etc.

КЪСНОАНТИЧНИ ИДЕИ ОТНОСНО РИМСКИЯ ПРОЦЕС

Author(s): Paolo Garbarino / Language(s): Bulgarian Issue: 2/2015

Abstract: In the field of the Roman civil procedure some constitutions of the emperor Constantin (CTh. 2,18,1; CTh. 2,26,1; CTh. 11,39,1; CTh. 9,19,2) testify for the establishment of an orientation that the task of the judge is to determine what is the truth, independently of the demands of the parties in the process and the presented evidences. This is a significant innovation in a comparison with the Formulary procedure in which the sentence of the judge is strictly bound with the formula created by the praetor and accepted by the parties.

ПОДПАЛВАЧИ, КРАДЦИ, РОБИ БЕГЪЛЦИ – ОСНОВНИТЕ ПРОБЛЕМИ НА PRAEFECTUS VIGILUM

Author(s): Bernardo Santalucia / Language(s): Bulgarian Issue: 2/2015

At the beginning of the imperial period in Rome many fires have been known - some with serious consequences. In fact, it was not about unfounded fears. Fires were a constant danger to the public security and even the development of the city during the Age of Augustus did not reduce the frequency and severity of this problem. The rapid increase of the population of the capital and the need for new housing led to the construction of many vertical buildings, which have become more and more thanks to the financial speculation from which their builders and owners were led. These huge buildings, characteristic of the intensive construc-tion during the imperial period, have become a constant source of trouble. But in the six years when many fires destroyed different neighborhoods on the same day, it became clear that the measures taken were inadequate and that the preservation of the city by fires required the work of specialized personnel equipped with convenient means and acting under the guidance of an expert. The decision was to create a vigiles corpus, organized as a military structure consist-ing of 7,000 men, divided into 7 cohorts, each of which had to watch over two adjacent areas. At the head of each cohort was placed a tribune, chosen among the centurions of the legions, most often primipilares, while the senior command of the corpus was entrusted to an ad hoc employee who was nominated by the Emperor himself and called praefectus vigilum. It is not very easy to completely restore its functions, which have increased from the beginning of the Principate until the end of the 3rd century. In fact, we are sufficiently well informed about the duties and powers of this civil servant during the time of the Severan Dynasty, as the Digests provide us with a small number of testimonies (5 fragments, one long enough for liber singularis de officio praefecti vigilum - Paul, and one with the same name liber singularis - to Ulpian). More complete jurisdictional competence, relevant to civil and administrative disputes, was certainly recognized as praefec-tus vigilum in an unusual way, and only for a limited range of disputed parties, only towards the end of period under consideration, with regard to the reorganization of the professional associations of Alexander Severus. This reorganization, we learn from the Historia Augusta, appointment required for each college a judge competent to know relating to its disputes.

IURISDICTIO EPISCOPALIS МЕЖДУ ИМПЕРИЯТА И CHRISTIANITAS: ИСТОРИКО-КАНОНИЧЕСКИ АНАЛИЗ НА ПОЯВАТА НА POTESTAS SACRA

Author(s): Javier Belda Iniesta / Language(s): Bulgarian Issue: 2/2015

The emergence of Christianity in Roman society meant a necessary process of adaptation of both realities that coexisted in a common political and cultural space. Apart from the first misunderstandings on the part of each - crystallized in groups that guessed the imminent arrival, on the one hand, and the periodic violent reactions against this strange group of followers of Christ, executed by another - the truth is that both of them little by little adapted to a coexistence to which they were forced by the common space they shared. Christians, already of very diverse origin socially, geographically and religiously, had to take little by little awareness of their own identity, building over the years an internal organization that had to respond not only to the needs of this primitive religious society within the gigantic political framework of the Empire, but also to a series of circumstances that were presented to them within their own evolution as a particular human group, with a clear mission - the proclamation of the Gospel. Among these organizational needs was the need for administration of justice, necessary in every society, and clearly articulated in the Roman world, but absolutely remote from the evangelical principles that were supposed to guide all action of Christians. Thus begins the difficult task of building an organizational system capable of responding to the needs of the community and the message of Jesus, first carrying out this task within the Empire and later under its protection. This, however, does not suppose abandoning the religious authority due to the established political power, but rather a complicated combination between obedience to the authorities and application ad intra of a legal system according to the condition of believers, whose starting point was, without doubt, the Gospel. Of course, when both visions collided, the one born of faith was supposed to prevail but, as far as possible, the two were combined. This article aims to show the relationships maintained by the ecclesiastical authority as its power developed, starting with the exit from hiding until the fall of the Empire and the beginning of the Medieval era. We must be clear that concepts such as potestas, iurisdictio or auctoritas were still in a first stage of gestation, not only for the temporal power, which to a certain extent preserves the imperial heritage, but also for a Church that has just left the clandestine, and must coexist with an authority that is becoming aware of itself.

АНАЛИЗ НА НАДПИС ОТ ПЕЛАГОНИЯ, МАКЕДОНИЯ: ПРАВНИ И ЕПИГРАФСКИ АСПЕКТИ НА IURISDICTIO ПРИ ОПРЕДЕЛЯНЕТО НА ГРАНИЦА

Author(s): Vlado Buckovski,Goce Naumovski,Timčo Mucunski,Vesna Dimovska / Language(s): Bulgarian Issue: 2/2015

The work examines the inscription of Gentianus on border demarcation (termini positi) between two communities in Pelagonia, Macedonia, which might represent a typical example of iurisdictio in a broader conext . The inscription is analyzed, translated and interpreted through the scope of epigraphy and roman law sources, in the framework of regulation of the status and territorial boundaries. Conclusions are derived regarding the importance of legal epigraphy and the indispensability of interdisciplinary approach of Roman law and classical phillology in acquiring accurate data from the primary sources on local communities in ancient history.

CLAUSULA REBUS SIC STANTIBUS И HARDSHIP: АСПЕКТИ НА РАЗВИТИЕТО НА РОЛЯТА НА СЪДИЯТА

Author(s): Pascal Pichonnaz / Language(s): Bulgarian Issue: 2/2015

Changed circumstances between conclusion of a contract and the time foreseen for performance may render performance much more burdensome for the debtor. The approaches in Civil law and in Common law differ fundamentally as to whether the debtor may be relieved from his obligation to perform or, as it is the case for general principles of contract law, as to a right to renegotiate the contract. In Civil law, the question of changed circumstances and their impact on a promise has crystalized around the doctrine of clausula rebus sic stantibus, which was initially understood as an implied precondition. In Common law, hardship would have no impact on the duty to perform, unless it amounts to frustration of contract. This article presents the historical roots of both approaches and shows the fundamental differences between them.

Институтът на министерската наказателна отговорност в България. Вторият държавен съд (1910 – 1914) – стопански закононарушения

Author(s): Evgeni Kostov / Language(s): Bulgarian Issue: 1/2018

The Institute for constitutional Ministerial criminal liability in Bulgaria is based on article 155–159 from the Constitution of the Bulgarian Principality, adopted in 1879. It provides for a specific procedure through which the members of the government to be judged outside of the civil courts. From 1880 to 1923, through this procedure four trials were held. In this case, we focus on the work of the Second State Court (1910 – 1914). He explores potential law violations committed by ministers from the popular liberal government of Bulgaria, in the period 1903–1908 years. Later, in 1913 year, the indictment was published. This research study analyzes major crimes that are subject to an indictment. The author of a scientific study comes to the conclusion that some of the allegations are unfounded. In 1914, as a result of political reasons, the decision of the Parliament was made to remove the criminal responsibility of the ministries of administration.

Imiona i nazwiska człowieka jako elementy bezpieczeństwa personalnego

Author(s): Wojciech M. Hrynicki / Language(s): Polish Issue: 27/2017

The objective of the article is to indicate that names and surnames are essential elements of personal security. The security which is subjectively determined by both environmental (intentional and non-intentional), and internal (emotional, spiritual, psychological and mystical) factors. Through the analysis of individual cases the author tries to prove that the choice of name as well as the change of name or surname are determined not only by environmental factors (such as good associations and the need for acceptance) but also by strictly internal ones (such as religious or family aspects, or the need for respect). 2. Introduction Security is an overriding human need and as such determines other human needs and motives for actions taken. It occurs not only in a negative form, manifested by a lack of threats which determines normal social development in accordance with principles of social coexistence, but also in a positive form, which in turn is manifested by the ability to develop optimum developmental conditions which ensure the fulfillment of a wide scope of social needs. Today’s understanding of security, apart from the objective dimension, must respect the subjective measure, which implies the notion of personal security, the level of which depends on environmental factors (both intentional and non-intentional ones) and internal factors, including spiritual, psychological, emotional, intuitive, health and mystical ones. Names and surnames become one of the indicators and elements of personal security. 3. Methodology The author identifies names and surnames as elements of personal security, following views about it, and in this scope applies the intuitive method. It is also necessary to analyse individual legal acts relating to the giving of names and the changing of names or surnames, and to this end the author uses the formal and legal method. All conclusions are based to a great extent on the author’s own research conducted for the years 2012‒2015, which in turn is connected with the use of both the survey method and the interview method, as well as the statistical method. The surveys conducted concern the motives for naming children by parents, and the interviews were carried out in 84 registry offices in Poland (in the largest cities in Poland, according to the number of population). 4. Conclusions The author proves that names and surnames are an important indicator and element of personal security. The process of giving names and changing names and surnames is related to the subjective understanding of security. He concludes that both environmental factors (intentional and non-intentional) and strictly internal ones (spiritual, emotional and mystical) have a significant influence on the decisions to choose or change a name or surname. The factors often occur at the same time and constitute a specific kind of implication of interrelated causes.

Czy społeczeństwo boi się nowoczesnej technologii? Przypadek zabezpieczeń biometr

Author(s): Magdalena Tomaszewska-Michalak,Anna Brzuszkiewicz,Przemysław Becella,Marcin Wojtkowiak / Language(s): Polish Issue: 27/2017

Biometric technology is nowadays seen as a suitable measure to increase security level both in public and private sector. On the other hand the use of the biometric security measures raises controversy due to the fact that biometric data are perceived as more sensitive that the ‘traditional’ ones. This leads to the problem of the consequences of illegal access to the biometric data. As it is possible to change password or PIN number it is not possible to change information connected with our organism (ex. fingerprints) what is consider to be a treat in using biometric security measures. This weakness of biometric technology may have an influence on the social acceptance of collecting biometric data. However the actual level of acceptance in Poland unknown. The aim of the article is to present the results of the qualitative research made on acceptance of biometrics security measures in various areas of life. The research was made as a part of the project “Design and construction of a system for recognition of persons (offenders) based on face images captured on photograph or video material” (DOB-BIO7/18/02/2015, finance by The National Center for Research and Development). The qualitative research based on the methodology of focus group interview (FGI) which allowed to make interviews witch people representing the cross-section of the Polish society (taking into account demo-graphical features such as sex, age and the level of education). Taking into account the limitations associated with qualitative research methods, the interviews showed that there are several factors which influence the level of acceptance of biometrics security measures. The first factor is a kind of feature used in a process of identifying a person/verifying his/hers identity. The research showed that the most acceptable is comparing the identity based on the face geometry or fingerprints. On the opposite side (the least acceptable) we can find the features which were less known for the interviewees such as gain pattern and vain pattern. The next feature influencing the acceptance of using the biometric security measures is the aim of collecting the data and the entity responsible for processing them (we noted higher acceptance when the entity responsible is law enforcement agency than in the case of a private entity). Despite the limitations of the qualitative research the result of the interviews showed a tendency in social acceptance of using the biometrics systems in Poland. The study can be a base for the quantitative research on the representative nationwide group.

Revision of the Functioning of the EU Emissions Trading System

Author(s): Kamila Sobieraj / Language(s): English Issue: 1EV/2017

The passage of more than a decade since the system was introduced and 3 years since the beginning of the third trading period (Phase 3) has coincided with a period of aggravating crisis (referred to even as a breakdown) and recurring doubts as to whether the system is capable of achieving the desired goal or perhaps it should be replaced with another instrument. However, no concept of such an instrument has been proposed yet, which would enable harmful emissions to be reduced efficiently and cost-effectively instead of the current EU ETS. Ten years after the launch of the system and three years into Phase 3, intensive work started on a structural reform of the EU ETS. The aim of this article is to give account of the state of research in the reform, present the principal directions and objectives, and to provide an evaluation.

Здравето на мигрантите и малцинствата във фокуса на световното и европейското обществено здраве

Author(s): Mariela Kamburova / Language(s): Bulgarian Issue: 2/2018

Общество на народите и Организация на обединените нации – сравнителен анализ на правната уредба

Author(s): Katerina Yocheva / Language(s): Bulgarian Issue: 1-3/2017

In the paper under study is the legal regulation of the League of Nations and the United Nations (UN) in order to make a comparative analysis of the both organisations. The author uses several criteria for making the comparison such as issues with regard to the establishment of each of the organisations, their constitutive acts, the original members and subsequent membership, the institutional framework, the headquarters and official languages of the League and the UN, the decision-making process and the dispute resolution mechanisms.The study finds that the field of activity and the responsibilities of the United Nations are considerably more extensive than those of the League and that despite the shortcomings with regard to the activities of the League one can hardly avoid viewing the League as a precursor to the UN system. There is clear continuity between the two organisations and both the League and the UN thus should be seen as sharing the same idea of establishing a world order based on peace, security and law, and of promoting the peaceful multilateral co-operation between the members of the international community.

INTERNATIONAL RECOGNITION AS A TOOL OF MILITARY CONFLICTS SOLUTION

Author(s): Piotr L. Wilczyński / Language(s): English Issue: 6/2018

Geographical factors play a critical role in determining how acivil war is fought and who will prevail. Nations fighting forindependence, even if they win often don’t gain independencebecause lack of international recognition of their state. Long-termintrastate wars often involve a period of geographical division withinthe state. An insurgent group may control a portion of the country fora period of years. This happens most often in cases of regional ethnicstruggle, but can happen in ideological and religious wars as well.Formal partition has often been proposed by outside actors as apeaceful solution to an intra-state conflict. Kosovo and South Sudanmight be best examples of that. This paper will study the outcomesthat partitions might create as peace settlements. The concept ofpartition has never been normatively appealing, but has come toprominence in academic and policy oriented debates. The aim is toreview this debate and find conclusions for problem shown in the title