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Around the Bloc: Slovenia Asks For Help With Migrant Influx
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Around the Bloc: Slovenia Asks For Help With Migrant Influx

Author(s): TOL TOL / Language(s): English Issue: 10/27/2015

The EU's migration commissioner is in Slovenia to discuss its urgent call for help.

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Around the Bloc: Bosnia Courts May Miss Deadlines for War Crime Cases
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Around the Bloc: Bosnia Courts May Miss Deadlines for War Crime Cases

Author(s): TOL TOL / Language(s): English Issue: 10/27/2015

Most sensitive cases due to be resolved by December, but Bosnia’s courts face huge backlog and alleged lack of will.

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Republika Indonezji – zarys systemu prawnego

Republika Indonezji – zarys systemu prawnego

Author(s): Damian Szymkowiak / Language(s): Polish Issue: 06/2014

Indonesia, the world’s fourth populous country, has an attractive value proposition for international businesses and investors. The economy is rapidly growing and by 2030 the country could become the world’s 7th-largest economy. However, there are still lacks of information among Polish resources about this market, especially concerning legal issues.The aim of this article is to introduce the general framework of the legal system in Indonesia such as the overview of Indonesian law through historical aspects; separation of powers (including description about executive, judiciary and legislative’s bodies), sources of law (written law and unwritten law as well).This publication contains general information, which will be more developed in further articles to make Polish readers more familiar with Indonesian issues.

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Around the Bloc: Controversial Russian Anti-Terrorism Law Hits First Target

Author(s): TOL TOL / Language(s): English Issue: 08/16/2016

Krishna follower faces sanctions for speaking to passers-by and handing out religious books.

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Inwestowanie w nieruchomości rolne – Polska na tle wybranych państw europejskich

Inwestowanie w nieruchomości rolne – Polska na tle wybranych państw europejskich

Author(s): Magdalena Załęczna / Language(s): Polish Issue: 96/2016

Agricultural real estate has a special place in national economies, and is of crucial political importance. Many investors believe that real properties are areas with high potential of the growth of value, in part due to the demand for food, and in part due to the ability to change their function to the commercial one. The aim of the article is to present the institutional and legal conditions of investment in agricultural real estate in Poland in force until 1 May 2016, with an attempt to assess the attractiveness of such investment and an indication of the potential effects that will be caused by recent changes in legislation. The author analyses the legal conditions of investing in agricultural property in Poland against the principles adopted in selected EU countries, which allows her to identify differences and similarities in the treatment of agricultural property in Poland and the selected EU countries. In addition, she analyses the market size through the volume of transactions of agriculture real estate in Poland, conducts the analysis of changes in the prices of agricultural land in Poland, pointing out changes in the price of such land in the selected European countries. The research also includes the volume of purchase of agricultural real estate by foreigners in Poland. The author uses the study of literature, legal acts, the analysis of the existing data and own calculations.

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ЭТИЧЕСКАЯ КОНЦЕПЦИЯ ГРАЖДАНСКОГО ПРАВА

Author(s): Farida Ildarovna Khamidullina / Language(s): Russian Issue: 4/2013

The article defines the basic postulates of the ethical concept of civil law and shows their methodological importance for disclosure of the fundamental properties of law and the patterns of its functioning. A conclusion is made regarding the dialectic nature of the transition from moral consciousness to the legal one.

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ЧАСТНОПРАВОВОЙ СТАТУС ПЕДАГОГА В СИСТЕМЕ ВЫСШЕГО ОБРАЗОВАНИЯ

Author(s): Timofei Grigoryevich Makarov / Language(s): Russian Issue: 2/2016

The relevance of the study is determined by the fact that the role of discretionary principles has been enhanced in connection with the development of market relations in the sphere of higher education, which manifests itself in the possibility of teachers to enter into civil law contracts with the educational institution in which they work, as well as with other organizations and entities. The study was performed to determine the specificity of the private legal status of teachers of higher school and to identify their major civil rights and obligations. The objectives of the study are the following: – to examine the legal status of teachers in general; – to identify elements of the legal status of teachers in higher education; – to reveal the contents of the private legal status of higher school teachers; – to compare the private legal status of higher school teachers with their labor status. The leading method of research used by us is the method of analysis of the normative-legal acts and literature devoted to the issues of civil-legal regulation of higher education. The paper points out that university teachers do not have any civil relations with students and are not counterparties to the contract on rendering of paid educational services. The counterparty under this contract is the educational organization of higher education. Civil law relations emerge and develop between the university and students, while the university and teachers have labor relations. Higher school teachers enter into civil law relations at conclusion of civil contracts related to the results of creative activity, agreements on the implementation of individual works and the provision of certain services. Based on the obtained results, it was concluded that higher school teachers, acting as the counterparties to the relevant civil law contracts, gain individual rights and responsibilities, have the burden of private law liability imposed on them, which, ultimately, forms their private legal status. The latter should not be confused with the labor status of university teachers. These findings are important for the law enforcement practice.

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ИСКИ О ПРИЗНАНИИ В СУДЕБНОЙ ПРАКТИКЕ ПО ЖИЛИЩНЫМ ДЕЛАМ: КРИТИЧЕСКИЙ ВЗГЛЯД С ПОЗИЦИИ ЦИВИЛИСТИЧЕСКОЙ ДОКТРИНЫ

Author(s): Svetlana Igorevna Suslovа / Language(s): Russian Issue: 2/2016

The Housing Code of the Russian Federation stipulates ways of protection, which are different from those in the Civil Code of the Russian Federation, thereby requiring careful analysis of the characteristics of methods used to protect the housing rights. The paper assesses the claims for recognition in the judicial practice on housing cases. The recognition objects of housing claims are various legal phenomena designated by such polysemantic term as “right”: subjective rights, entitlement of subjective rights, secondary rights. The problem concerning definition of the recognition objects is solved. In particular, the correlation between claims for recognition of ownership of the place of residence and for recognition of the right to use the place of residence is considered. The conclusion is made about the necessity of refusal of claims for recognition of the right of use, because it is the only subjective element of the housing rights. Similar conclusions are formulated regarding the right to moving into the place of residence and the right to privatization, which are the elements of legal powers to use the place of residence and do not require separate recognition. The current practice of forcing citizens to appeal to the court for recognition of the right of a member of the owner’s family is criticized, since the judicial recognition of this right is not stipulated in the housing legislation. In the light of the civil legislation reform, the question is raised about the relationship between the claims for recognition of the housing rights and the claims for recognition of the rights of obligation. It is concluded that the features of the proprietary rights determine the features of the claims for recognition of the proprietary rights, but not the fact that this method of protection (after changes to the Russian Civil Code) would apply solely to corporeal rights.

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Rola i znaczenie mediów elektronicznych we współczesnej dydaktyce historii doktryn polityczno-prawnych

Rola i znaczenie mediów elektronicznych we współczesnej dydaktyce historii doktryn polityczno-prawnych

Author(s): Marcin Niemczyk / Language(s): Polish Issue: 1/2016

The aim of this article is to present and analyse those aspects of university teaching which areclosely connected with the use in didactics of the tools that originated along with the developmentof electronic media. As an example of the content of this article, there are presentations and analysisof the surveys carried out especially to that matter. Postulated polimethodology in the realisationof the teaching of the history of political-legal doctrines may create a chance to once again presentthe usefulness of history subjects in the process of the teaching of future lawyers. To avoid treatinge-learning only as a way to increase the attractiveness of the classes, one should treat it as a backupmechanism in traditional teaching process. A process which should still be based on direct contactbetween the university teachers and the students.

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Krivična odgovornost članova Parlamentarne skupštine BiH za neprovođenje odluka Ustavnog suda BiH i ESLJP: Ustavnopravna (ne)opravdanost

Krivična odgovornost članova Parlamentarne skupštine BiH za neprovođenje odluka Ustavnog suda BiH i ESLJP: Ustavnopravna (ne)opravdanost

Author(s): Mahir Muharemović / Language(s): Bosnian,Croatian,Serbian Issue: 15/2014

Izvršavanje odluka sudova je od ključnog značaja za svaki pravni sistem. Odluka suda koja se ne izvrši, neće proizvesti željeni efekat, ukoliko subjekti na koje se ona odnosi ne postupe po njoj. Dakle, pravda koja se izriče u neprovedenim odlukama sudova je nedorečena i nezadovoljena pravda. Zbog toga svaka država nastoji maksimizirati efikasnost provođenja odluka svojih sudova, pri čemu razvija određene mehanizme koji će osigurati implementaciju sudskih odluka.

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Działalność gabinetu Leopolda Skulskiego w świetle protokołów posiedzeń Rady Ministrów (13 XII 1919 – 9 VI 1920) i rola rządu w okresie przygotowań do „wyprawy kijowskiej”

Działalność gabinetu Leopolda Skulskiego w świetle protokołów posiedzeń Rady Ministrów (13 XII 1919 – 9 VI 1920) i rola rządu w okresie przygotowań do „wyprawy kijowskiej”

Author(s): Jacek Goclon / Language(s): Polish Issue: 2(1)/2014

The government of Leopold Skulski had been active under the pressure of war preparation but was mainly occupied by internal issues. Foreign policy was under the control of the country’s leader, Marshal J. Piłsudski. The cabinet of Leopold Skulski had little room for maneuver, the expenses connected with the war campaign represented 60% of the country’s total budget. Even though war orders had a very positive influence on industrial and agricultural output growth, the bulk of that output had been absorbed by the army, which automatically created problems in the open market. Similarly, the country’s foreign trade balance was significantly overloaded by the burden of military expenditure with inflation providing a source of solid revenue income for covering war expenses. The Skulski government tried to stabilize the internal balance; on 1 April 1920 it unified the various state treasury and taxation systems and on 29 April, it unified the country’s five currencies into a single currency. On 1 June, a unified railway tariff covering the whole country was introduced. During the activity of this government, parliament had to agree an eight hour working day and a 46 hour working week for the workers, as well as providing them with a social security system.

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Parlamenti, tartományi és helyi önkormányzati választások Szerbiában

Parlamenti, tartományi és helyi önkormányzati választások Szerbiában

Author(s): László Horváth / Language(s): Hungarian Issue: 2/2016

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5018 Sayılı Kanun Kapsamında Kamu Kurumlarında İç Kontrol Sistemi: Maliye Bakanlığı Uygulamasının İncelenmesi

Author(s): Yunus Çalışkan,Yavuz Çiftci / Language(s): Turkish Issue: 3/2017

Aim: With the Law No 5018 (Public Financial Management and Control Law), an internal control system was established to comply with international standards and European Union norms. Within this scope, a number of legal regulations have been made based on the COSO model in order to place internal control in all public institutions and organizations.In this study, the effectiveness of the Ministry of Finance internal control system, which pioneered the implementation of the internal control system in the public sector, was investigated.Method: In the study, the applicability of the system was investigated by examining the units of the Ministry of Finance for internal control,examining the web pages of the İKEP (Internal Control Standards Compliance Action Plan), the Internal Control Circular, the Internal Control Training Book and the central and provincial units. And the problems encountered in ensuring the effectiveness of the system.Findings: The Ministry of Finance has published internal control studies on the web pages of the Ministry's affiliated units where the structures such as the İYK (Monitoring Steering Board), SGB (Strategy Development Directorate) and DIYK (Treasury Monitoring Steering Board) were established in the organization structure for the internal control system.Results: The establishment of the internal control structure and the achievement of its effectiveness have not yet been reached in the Ministry of Finance. It has been concluded that the subject is not fully owned by the staff, the internal control sense is not established and more effective measures should put into practice

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Has gambling changed after major amendments of gambling regulations in Germany? A propensity score analysis

Author(s): Monika Ludwig,Ludwig Kraus,Stefanie Müller,Barbara Braun,Gerhard Bühringer / Language(s): English Issue: 4/2012

This study examined changes in general population gambling in the light of two major amendments of the German gambling regulation, the Fifth Amendment of the German Gambling Ordinance (AGO) for commercial amusement machines with prizes (AWP) and the State Treaty on Gambling (STG) for gambling activities subject to the state monopoly. Methods: Applying cross-sectional data from the 2006 and 2009 Epidemiological Survey of Substance Abuse (ESA), propensity-score-matched samples of 7,970 subjects and 3,624 12-month gamblers aged 18–64 years were used for analyses. Logistic regression was employed to examine changes in gambling controlling for possible confounding variables. Results: Overall participation in state gambling activities, participation in lotto as well as TV lottery decreased and gambling on Internet card games increased. No changes were found for any other gambling activity, 12-month prevalence of any gambling and pathological gambling. While weekly gambling declined, overall multiple gambling increased. Effects were similar in the total sample and among current gamblers. Conclusions: Prohibiting specific gambling activities, e.g., Internet gambling, seem to be insufficient approaches to change gambling behavior. Supply reduction might need to be enhanced by changes in game characteristics and implementation of early intervention measures. However, long-term consequences are uncertain and further monitoring is needed.

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Opinia prawna w sprawie uprawnień informacyjnych oraz rektyfikacyjnych członków związków wyznaniowych w odniesieniu do danych osobowych przetwarzanych przez związki wyznaniowe w ramach ich działalności statutowej

Opinia prawna w sprawie uprawnień informacyjnych oraz rektyfikacyjnych członków związków wyznaniowych w odniesieniu do danych osobowych przetwarzanych przez związki wyznaniowe w ramach ich działalności statutowej

Author(s): Artur Mezglewski / Language(s): Polish Issue: 20/2017

The opinion presents the national standards concerning the information and rectification rights of members of religious organizations, which were defined by the Polish legislator in the act of 29 August 1997 on personal data protection. It also discusses the legal regime for the processing of personal data by religious organizations in their statutory activity. The main purpose of the opinion is to address the question of the scope of the information and rectification rights in cases where there are no adequate autonomous norms of the internal law of religious organizations regarding personal data protection. The Author concludes that in such situations members of religious communities can make use of the relevant state procedures.

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National Human Rights Institutions and the Protection of LGBTI rights in the Western Balkans – Experiences, Challenges and Good Practices

National Human Rights Institutions and the Protection of LGBTI rights in the Western Balkans – Experiences, Challenges and Good Practices

Author(s): Adrijana Hanušić-Bećirović / Language(s): English Issue: 28/2017

This publication part of the Human Rights Papers Series of Sarajevo Open Centre. Human Rights Papers include general and thematic reports, as well as other relevant publications on human rights in Bosnia and Herzegovina. The reports and publications serve as basis for advocacy activities directed at both the state of Bosnia and Herzegovina and international bodies. The publications relative to the work of national human rights institutions / bodies for the protection of equality published in this Series are: Saša Gavrić and Adrijana Hanušić (authors): Model Law on the Institution of Human Rights Ombudsman of BiH, Sarajevo: Sarajevo open centre for Initiative for Monitoring the European Integration of BiH, 2015.

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LE RÔLE DU DROIT ROMAIN DANS L’ÉDUCATION JURIDIQUE DE LA RÉPUBLIQUE DE MACÉDOINE

LE RÔLE DU DROIT ROMAIN DANS L’ÉDUCATION JURIDIQUE DE LA RÉPUBLIQUE DE MACÉDOINE

Author(s): Goce Naumovski,Vlado Buckovski,Mirjana Polenak-Akimovska / Language(s): French Issue: 2/2016

Roman law has a clear place in the legal system of countries in Europe. The legal system of the Republic of Macedonia belongs to the Romano-German group. The study of Roman law in law faculties is based on a num-ber of reasons - scientific, educational, didactic and cultural. It has been taught at the Faculty of Law in Skopje since its establishment as a historical-legal discipline. The article discusses the prospects for development of the roman law in contemporary legal education.

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ПОЛИТИКАТА НА ОКТАВИАН АВГУСТ В РИМСКАТА ПРОВИНЦИЯ GALLAECIA

ПОЛИТИКАТА НА ОКТАВИАН АВГУСТ В РИМСКАТА ПРОВИНЦИЯ GALLAECIA

Author(s): María José Bravo Bosch / Language(s): Bulgarian Issue: 1/2015

The figure of Augustus is intimately related to the history of Gallaecia, because it was one of the last territories subject to the rule of the Roman Empire. It is true that Gallaecia did not constitute an administrative division in itself at the time of the Emperor, apart from what the controversial Bierzo Edict might suggest, but this approach was adopted in other to give Gallaecia the place it deserves in Roman history. There is not much information on the military activities carried out in Hispania, probably due to the strong interest in the clashes between the successors of Caesar at the time. The silence of the sources does not help to better understand the evolution of the provincial institutions located in Gallecia. Significantly more information is available from 26 A.D. when Augustus personally took the lead of the war in Hispania, now reduced to the territory of the Cantabrians, Astures, and Galicia, which shows the importance attributed by the new sovereign to the definitive conquest of the entire Hispanic territory.

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W poszukiwaniu systemu rządów u progu niepodległości (1918–1921)

W poszukiwaniu systemu rządów u progu niepodległości (1918–1921)

Author(s): Krzysztof Prokop / Language(s): Polish Issue: 1/2018

The subject of the article is to identify the factors and conditions that determined the system of government of the II Republic of Poland in the first years after regaining independence at the end of 1918. The study is devoted to three issues: the system of government at the turn of 1918 and 1919, the system of government under the Small Constitution and the system of government in the light of drafts of the Constitution of the II Republic of Poland. According to the author substitutes of the parliamentary system of government were born already in the first weeks of the functioning the Polish state authorities. Under the Small Constitution of 20 February 1919, an attempt was made to introduce the system of parliamentary supremacy. This turned out to be impossible given the high level of authority enjoyed by the country’s head of state – Józef Piłsudski, who also served as its commander in chief. Drafts of the Constitution assumed (mostly) the weak position of the president. In this way, the Constitution of 17 March 1921 adopted the parliamentary-cabinet system of government, which was modeled on the system adopted by the III French Republic.

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PECUNIA“, „MONILІA“ И „MOBILIA“ КАТО ПРЕДМЕТИ В СЪКРОВИЩЕТО

PECUNIA“, „MONILІA“ И „MOBILIA“ КАТО ПРЕДМЕТИ В СЪКРОВИЩЕТО

Author(s): Maria Osuna / Language(s): Bulgarian Issue: 1/2019

The article reviews the possible objects included in the treasure, the regulation of this legal institute in ancient Rome, and the possibility of application of Roman Law in comparison with Art. 351 of the Spanish Civil Code in relation to the at-tribution of scientific discoveries and art production to the treasures.

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