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Съдебен състав и организация на международния съд на ООН

Author(s): Desislava Goranova / Language(s): Bulgarian Issue: 3/2011

The UN International Court of Justice, the successor to the Permanent Court of International Justice (ICPM), is a permanent jurisdiction and the chief judicial authority of the United Nations. The UN International Court of Justice is established by the UN Charter signed on June 26, 1945. In the spirit of historical legacy, the seat of the UN International Court of Justice is located in The Hague, the Netherlands, similar to that of its predecessor, the first judicial body of international law. The official languages of the permanent court are French and English. The UN International Court of Justice is operating in accordance with the Statute (adopted in conjunction with the UN Charter and an integral part of it) and the Rules of Procedure (adopted in 1978 and regulating, in particular, the organization and functioning of the Court). The jurisdiction of the International Court of Justice is referred to in Article 36 of the Charter of the United Nations and, in general, it is the authority of the Court to deal with the case and to give a binding ruling on it. The current work aims to trace how it is formed, what is the ICC's court panel and what is the internal organization of the UN chief judicial body.

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Международно-правен статут на Светия престол и някои свободни градове

Author(s): Zornitsa Atanasova Dimitrova / Language(s): Bulgarian Issue: 3/2011

International public law is an offense to the rule of law, "which governs relations between States and other international law subjects" Examples of this are Krakow, Gdansk, and Trieste. Their characteristic features are a single territory, a landlessness, a certain independence, and other features characteristic of sovereign states. Their international rightfulness is self-righteous, as those who have been impressed and existed as such have produced it. International public law is an offense to the rule of law, "which governs relations between States and other international law subjects".

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Организация на обединените нации за образование, наука и култура

Author(s): Victoria Ivanova / Language(s): Bulgarian Issue: 3/2011

Undoubtedly one of the most interesting and curious international organizations is the United Nations Educational, Scientific and Cultural Organization - UNESCO. It is a specialized UN organization founded on November 16, 1945. UNESCO aims to engage in dialogue between different civilizations, cultures and peoples, based on mutual respect and respect for common values. It will address global issues and issues such as justice, world peace, respect for and respect for human rights and fundamental freedoms, poverty reduction, and communication between peoples of different cultures and values. Ie. UNESCO encourages individual nations to work to build communication in the areas of education, science, culture and information. The motto of the organization is "Peace was created not to be violated but to foster the intellectual and moral solidarity of mankind".

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Международна правна уредба на бежанеца

Author(s): Maya Milusheva / Language(s): Bulgarian Issue: 3/2011

The term refugee today causes two intertwined and mutually reinforcing associations: huge masses of people fleeing disaster - war, genocide, ethnic cleansing ... This picture is true and exaggerated. True, because it's about millions of people - 8.4 million in 2006. Exaggerated if we compare it with the flow of immigrants. He is still 20 times bigger today. Not to mention the XIX - early XX century. Interestingly, the images are similar, not to say identical. The image that synthesizes masses of Europeans who are looking for a new chance in America is a ship crowded with hundreds and thousands of people. The ship then employs this fresh workforce in the construction of railways and new cities, in the conquest of new territories and the prosperity of a new world. The image that the media is even more powerful today is also the same and radically different. It is a ship, crowded with people, and the last hope of a new chance, but nobody wants it. The descendants of migrants from the first ships - both those across the Atlantic and those on the European continent - declare concern about the violated rights of others but are too cautious about their own hospitality.

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Международна наказателна отговорност. Международният наказателен трибунал в Нюрнберг (1945-1946)

Author(s): Sonya Popova / Language(s): Bulgarian Issue: 3/2011

The criticisms that the international military tribunal did not have jurisdiction to apply ex post facto laws and that it had judged only the defeated are in a number of ways justified. The Nuremberg process, apart from its legitimacy, remains in history as a political process that does not guarantee or provide justice, but on the contrary it turns into a cruel and definitely unfair witch hunt that extends not only to the leaders of the Nazi regime but also falls like a huge burden on the whole German people.

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Нетрадиционни субекти на международното право

Author(s): Ivona Tabakova / Language(s): Bulgarian Issue: 3/2011

At the beginning of the new millennium, the development of inter-state relations reached a high degree of cooperation and coordination in order to better regulate areas of vital importance to humanity, such as environmental protection, international security, human rights protection, space utilization. Universal international norms are adhered to, the observance of which is the basis for the life of modern civilization. Mutual assistance and assistance in the field of political and socio-economic relations, cultural and scientific and technical exchange are an irrevocable principle of international law and an existential condition for the prosperity of humanity.

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Развитие на законодателството на Еврпейския съюз и областта на защитата на свидетелите и сътрудниците на правосъдието

Author(s): Elena Nedyalkova / Language(s): Bulgarian Issue: 1/2009

The legal process of witness protection is related to the provision of specific procedural and non-procedural safeguards designed to effectively ensure their safety, including in some cases their relatives, before, during and after testimony. Law enforcement officers may also be provided with the safeguards that are available to witnesses. By means of these measures, the respective state fulfills its obligation to protect citizens cooperating with justice from criminal offenses that prevent witness testimony.

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Measuring governance performance

Author(s): Takele Bekele Bayu / Language(s): English Issue: 02/2019

The new institutional arrangement, ethnic federalism, adopted since 1991, has helped nation nationalities and people of Ethiopia to administer themselves and develop; promote and protect their distinctive socio-cultural and linguistic identity. Parallel to the establishment of the federal system, various legal and other programs of reforms to enhance good governance and democracy have been initiated and undertaken by the government of Ethiopia. In effect, the objective of this particular paper is to critically analyze good governance performance as per the World Bank Governance Indicator Framework. To address this secondary data source-analysis of relevant documents-was utilized. The paper has found out the following results: Shrinking political landscape has made citizens to develop a kind of attitude that their vote has no power to bring any difference and the political culture “democratic centralism” has made elected government to be accountable for the party channels, instead of ensuring accountability for their constituencies. Perceptions of political and economic marginalization, the existence of huge youth unemployment and resource competition continue to spark conflicts across the country negatively impact peace &security and economic development. Huge interference of politics in the civil service, the highly politicized nature of the public institution, the lack of skilled human personnel, the prevalence of corruption and weak political commitment and weak and vulnerable governance institutions challenged government effectiveness. Poor regulatory quality coupled with state led development orientation has hampered the development and involvement of the private sector particularly in the manufacturing sector. Currently, at all levels of government there is subversion of judicial independence to political interests and in effect one can observe the prevalence of rule by law instead of Rule of Law. Due to lack of democratic culture, the erosion of the rule of law, party monopolization of the economy, as well as the politicization of the civil service, the incidence of grand and petty corruption is on the rise and it continues to be perceived as a pervasive problem. However, the new reformist government since April 2018 initiated ground breaking political, economic, administrative and legal reform to ensure democracy, good governance and development in the country. The paper has an important implication for stakeholders like policy makers, civil society and aid donors who recognize that the quality of governance is fundamental for the success of development program and livelihood improvements. Further, scholars can use the result of this study in their empirical research on the cause and consequences good governance in Ethiopia.

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Case study on Sino-US trade friction-Sino-US photovoltaic dispute

Author(s): Jiandong SHI / Language(s): English Issue: 02/2019

Study on the issue of Sino-U.S trade friction is significant .First of all, Sino-U.S trade friction represents confliction of Vertical Trade between north and south. In second, it is helpful to solve the actual trade disputes. Again, a good solution to Sino-U.S trade friction is of in-depth significance in economy, politics and society.It is known that solar photovoltaic, as a smart economic industry, has been attached importance by main countries in the world in terms of either its manufacturing or its application. Especially for today's China with constant deterioration of smog weather and other environment issues, an extra meaning will be added to the activities to develop and popularize the photovoltaic equipment. China’s photovoltaic industry starts not too late but once was developed at low speed, and then with the advent of 21st century, it has been rapidly developed. China’s photovoltaic industry has gained international competitiveness in manufacturing technology, industrial structure, and new product development and so on and once made up half the world market. However, the Sino-U.S trade friction initiated in October, 2010 stops this prosperous view all of a sudden in terms of photovoltaic equipment. The paper elaborated the photovoltaic dispute between China and the U.S., with an analysis of the impact of the dispute on markets, employments and governments, etc. of the two nations. It starts with the investigation to the whole story of Sino-US dispute on photovoltaic, and then the influence of Sino-US dispute on photovoltaic. By the analysis in this paper investigates the opposite implication in Sino-US dispute on photovoltaic completely in an empirical way of economic research. From the Sino-US Photovoltaic Dispute case, it’s available to find out that the anti-dumping and anti-bribery has brought in much more serious loss to US PV industry than that of China. Actually, though the PV dispute between US and China will guarantee the share of work force in the short term for US, it’ll greatly make an influence on the overall amount of trade between China and US and the good opportunity of obtaining the trade surplus from China. Since the trade amount of PV trade between China and US and the development trend seem to have complementary advantage, it has prodigious growth potential. Therefore, the PV trade between China and US will do more good than harm.

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E-signature and e-services in Albania

Author(s): Tomço Vilma,Gjolleshi Edlira,PASHAJ Klorenta / Language(s): English Issue: 02/2019

ObjectivesSince 1997, several numbers of directives have been applied to put in power the use electronic signatures in the electronic document. In Albania there has been approved a number of laws and bylaws regulations in this field and in 2009 was established the supervisory authority for electronic signatures, the National Authority for Electronic Certification. In this article will be analyzed the current situation of the usage of e-signature in public and private sector. Then will be reviewed the e-governanment systems using electronic signatures. At the end will be given recommandations stated in the Value section below.Prior workIn June 2014, was approved the new European Regulation known as e-IDAS. Since Albania is non-EU member state aspirant to be member of EU, there is a need to have a mechanisms for building paperless procedures in different sectors. Some efforts to implement e-documents at institutional level are pending, do to the need to use digital signiture and digital seal. ApproachIn order to capture the evidences in this article are used the methods of observation and case study of e-custom, e-prescription and e-permit systems in Albania as well as some draft studies done from international institution. In order to analyze benefits of using e-signature will be shown case studies from EU countries like Austria, Italy, Germany, the Netherlands and France.ResultsAs information technology is developing rapidly, it is necessary to apply innovative, simple and secure methods, such as remote methods. This method, treated as a new concept in European regulation, is used by some EU countries. In this article will be shown the benefits of the remote method and how to apply it.ImplicationsThis article contains implications for the groups of academics, who can use the statics and case studies in order to improve and update their lectures; for researchers who can take to another level the recommendations and for the practitioners who can update their knowledge on e-signature and e-services in Albania.ValueThis article gives recommandations for building a customs system or mechanism for e-documents accompanying import goods, as well as recommendations for increasing the standards of service delivery to the public and private sectors and general recommendation for the use of methodology in the region (replicability aspect) and guidelines for public administration and business how they can improve public services for citizens in the right and secure way.

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Information infrastructure of emergency medical service in the smart city solutions

Author(s): LOGVINOV Valerii,MALONOGA Svitlana / Language(s): English Issue: 02/2019

This paper was developed on the base of experience realization of the state pilot project in the field of reform of the emergency medical service (EMS) in the Odessa region (Ukraine). The core idea behind the paper is to propose an information infrastructure that allows medical and other services to get instant messages on problem situations which necessary joint activities for the saving lives of the people. This infrastructure will use for alert about accidents only those service that are needed to perform joint actions to people salvation in the particular situation. For this in the paper is to provide a review, analysis, and identification of opportunities for the EMS community to address information infrastructure developments of emergency medical service as a part of the smart city solutions. Besides, was summarized the overall impact that digital communications, information infrastructure could have on EMS and their influence on how EMS system (in Ukraine it's 112 service ) might operate in the year 2020 and after this period; also proposed a model for how these technologies might be used by EMS system and how digital technologies can help avert the bad interoperability of emergency services– and improve the response on the emergency situation when they do occur.

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Похвално слово (laudatio), произнесено на церемонията по удостояването на акад. Антония Фернандес де Бухан и Фернандес с почетната титла Doctor Honoris Causa на Нов български университет

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 3/2018

Laudation speech delivered at the ceremony in honour of acad. Antonio Fernandez de Bujan y Fernandez as Doctor Honoris Causa of New Bulgarian University

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Marginalizovane grupe i politički ekstremizam u Mađarskoj

Author(s): István Gál,Ferenc Dávid / Language(s): English Issue: 4/2019

Marginalization and the combination of political extremism with ethno-social conflicts can easily lead to extremism questioning rule of law and the basis of our liberal thinking parliamentary democracy. Hungary was facing many of these challenges after the political-economic transformation of 1989 and 1990. The risk of marginalization in a market economy is quite high and widening the gap among people is a still existing problem which will remain with us in the near future for sure. The last decade showed examples of dissatisfaction among certain social groups where extreme thoughts could be transformed into aggressive movements what we have experienced in Hungary following both a political crisis in 2006 and an economic depression in 2008.

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FAMILY AS A FACTOR FOR RECIDIVISM AMONG CHILDREN IN CONFLICT WITH THE LAW

Author(s): Sunčica Dimitrijoska,Natasha Bogoevska / Language(s): English Issue: 4/2019

The increase of the number of children who are recidivists in perpetration of criminal acts indicates that there is inappropriate response to the needs of the children. The stratification, poverty and unemployment result with revolt of the children towards the dysfunctional system, which leads to aggressiveness and violence. The family, namely the parents are role models for perception of positive identification at children and imposing of own parenthood styles (authoritarian style, permissive style, democratic style or indifferent style). The disfunctionality of family leads to incapability for fulfilment of the obligations for assistance, care and protection of the children. The conducted research with the families related to the profile of the recidivist children in conflict with the law, resulted with cases of: children living with both parents, children with a status of children born in marriage, family not in position to control the child’s behavior, serious social problems in the family, parents with completed primary or secondary education, employed father, unemployed mother, beneficiaries of social financial assistance or with salary above 21.000 denars and children living with the parents in their own house. The results from the conducted research indicate the need for long-term solutions for proactive interventions through modification of informal and formal mechanisms in line with the needs of the children in conflict with the law. Interventions should be based on professional work with the children, their families, utilization of the local resources in the community through intensive family therapy and established support network; overall planning, implementation, monitoring and evaluation of the interventions; and modification of interventions according to the individual needs of the children.

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Нови моменти в гражданската отговорност за масови транспортни злополуки с пътници

Author(s): Polya Goleva / Language(s): Bulgarian Issue: 1/2019

The article presents an overview of contractual and non-contractual liability for busses, railways, aeroplanes, and marine means of transport’s accidents arising during their exploitation. The national legal rules make a distinction between contractual and tort liability and between contractual liability for transported persons and property and non-contractual liability to other persons. The article highlights the fault-based liability which applies at the Bulgarian national level. The author offers the application of the liability in solidum between the transporter and the person, who handles the trace infrastructure.

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Европейски практики в борбата с футболното хулиганство

Author(s): Maria Kostova / Language(s): Bulgarian Issue: 2/2009

In the early 1960s, the country was overwhelmed by violence, riots, racism, noisy scandals, brutal beatings, and even deaths on stadiums and streets. This behavior, known today as football hooliganism, goes beyond the borders of England and the late 1970s, early 1980s became a pan-European problem. Almost every year in the world stadiums happen misfortunes.

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Европейско сътрудничество за борба срещу организираната престъпност

Author(s): Venrta Kokalova / Language(s): Bulgarian Issue: 2/2009

European Union law is an autonomous legal system consisting, according to the doctrine of primary and secondary law, governing the functioning of the European Union as a whole and closely related to the international law and the legal systems of the Member States. Among the most important acts of primary law are the three founding treaties for the European Communities.

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Правна защита на музикалните произведения в Интернет

Author(s): Tencho Kolev / Language(s): Bulgarian Issue: 2/2009

Since the early 1990s, the global public has been faced with the tremendous challenges that the global internet network creates with its complex functionality, an avalanche of growing popularity in view of the opportunities it offers and its dynamically changing parameters.

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Кодификация на българското обществено осигуряване

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian Issue: 1/2008

On December 2, 1999 the Social Security Code (promulgated in State Gazette No. 110 of 17 December 1999), which entered into force on 1 January 2000, was adopted. This led to the beginning of the codification of the Bulgarian social security law . The legislative approach adopted by the legislator complied with the requirement of Art. 4, para. 1 LCA (order 1973, in force at the moment of adoption of the KHIC) - by a code to regulate public relations, subject to a whole branch of the legal system or a distinct important part of it.

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Римско право и съвременни кодификации. Сравнение между отменения и сега действащ граждански процесуален кодекс

Author(s): Petia Velcheva / Language(s): Bulgarian Issue: 1/2008

Codification is a type of lawmaking, which provides systematic regulation of a certain kind of social relations by issuing a single legal, logically comprehensive and internally agreed normative act expressing the content and the juridical specificity of a structurally distinct division of law. This act is called the "Code". Code is a type of law. It has no more legal force than other laws.

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