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STIGMATIZACIJA I ETIKETIRANJE U KONTEKSTU STVARANJA KRIMINALNE LIČNOSTI

STIGMATIZACIJA I ETIKETIRANJE U KONTEKSTU STVARANJA KRIMINALNE LIČNOSTI

Author(s): Valentina Pandurić / Language(s): Croatian Issue: 4/2019

Labeling is a natural and innate process by which our brain tries to divide information that is more important to us than those that are not so essential to our previous experience, and thus makes life easier and shortens the process of information processing. In this process, it is often the case that we accidentally "put a sticker" on some person based on some of their traits, and thus we create an attitude on that person, behave according to the label, and according to some labeling time research may result in permanent change in behavior according to the label obtained. Such a phenomenon R. Merton called a self-fulfilling prophecy. Some social groups are more susceptible to labeling and stigmatization, and one of them is a person of deviant behavior. Deviating behavior, as a rule, does not mean at the same time criminal behavior, that is, behavior that deviates from the expected pattern of behavior, does not follow norms, i.e. does not follow the formal behavior of a society. Criminal personality can also be called a deviant, but a deviant is not a criminal, but if we personally label it sufficiently, we marginalize and reject it from a dominant society, or culture, might look for "similar to oneself" and society that will accept it as it is or a society that is really of a criminal nature, reconciling with its attributed status and beginning to behave according to the behavior expected of the group we have identified with it.

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УТИЦАЈ МИГРАЦИЈЕ НА БЕЗБЕДНОСТ РЕПУБЛИКЕ СРБИЈЕ

УТИЦАЈ МИГРАЦИЈЕ НА БЕЗБЕДНОСТ РЕПУБЛИКЕ СРБИЈЕ

Author(s): Hatidža Beriša,Ivan Rančić / Language(s): Serbian Issue: 4/2019

There is no doubt that migration of the population is an integral part of the process of globalization, which is characterized by modern humanity. They are not the specialty of either these part of the world, or that they are happening only at this time. A large number of migrants have left their countries of origin or ethnic origin migrating to other countries in search of better opportunities or seeking protection from persecution and violence. The topic of migration becomes particularly relevant during the migration crisis in the territory of European countries at the beginning of 2014, which is the largest population movement since the end of the Second World War. Contemporary migration of the population brings with it certain security risks, threats and security challenges for each country, regardless of whether they are the ultimate destination or transit country. The Republic of Serbia, as a European geopolitical intersection of civilizations, represents the inevitable area of migratory waves coming from the Middle East and North Africa.The aim of the paper is to identify the most important consequences of the migrant crisis in the Republic of Serbia through the analysis and assessment of external factors, and to anticipate possible future implications of the migrant crisis, which are primarily conditioned by the dynamics of solving problems in the Middle East, political and other decisions, and measures of the European Union and neighboring countries.

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КОНТИНУИТЕТ МИГРАНТСКЕ КРИЗЕ У ЕВРОПИ, С ОСВРТОМ НА БиХ

КОНТИНУИТЕТ МИГРАНТСКЕ КРИЗЕ У ЕВРОПИ, С ОСВРТОМ НА БиХ

Author(s): Dragan Radišić / Language(s): Serbian Issue: 4/2019

This paper has aim to point out that the migrant crisis, with all its challenges that accompany it (security, economic, social, legal, demographic, etc.), has not stopped, and has its continuity and tendency of increase, and that the EU and international community have not found effective solutions .At this stage of the migrant crisis, BiH is not exception, and the fear is growing, because the competent institutions are insufficient on the ground, and almost the whole issue has been handover to the jurisdiction of local communities in the Una-Sana Canton (USK) that are notable to deal with such complex problems without the comprehensive help of the wider community.

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IMIGRACIJE U UNSKO-SANSKOM KANTONU I SIGURNOSNI IZAZOVI

IMIGRACIJE U UNSKO-SANSKOM KANTONU I SIGURNOSNI IZAZOVI

Author(s): Anel Ramić / Language(s): Bosnian Issue: 4/2019

This article analyses the uncontrolled entrance of immigrants in the area of Una Sana Canton, and law provided instruments of fight against the safety challenges. It also analyses the efficacy of these instruments in the world and in Bosnia and Hercegovina, especially from the aspect of unwanted effects brought by the immigrants. Primarily it is discussed about the measures and actions which encourage radicalisation, that as an object of use have the entire groups against the individuals indicated as the potential perpetrator of terrorist attacks. In that way they alienate the mentioned groups and the inefficiency of the border control. The main goal is to propose the methodological approach to the fight of violent immigrants in the area of Una Sana Canton, as well as other areas because of the inadequacy to receive such a great number of immigrants who are coming to this area, the inadequacy of accommodation, health care and the safety of citizens who are not feeling safe in Bihac and Velika Kladusa, two cities which are mostly affected by this crises. Due to the absence of the right action by the higher and lower levels of the authorities from 2018 until now Una Sana Canton has become the dangerous area because of the large numbers of incidents connected to the immigrants (the murders, acts of iniquity, severe bodily injury, burglaries etc.). The safety challenges have become more complicated because none of the authorities have the right number of the immigrants, their identity, and also there is no political will to put this problem under the control. The personal interests of an individual have been put in front of the safety of the people of Una Sana Canton through the paid media advertising and international organisations. There is also a partial approach of strengthening of the eastern border, mostly because of the ignorance and the absence of will of certain political leaders in Canton and in Bosnia and Hercegovina. In 2018 the campaign and the general elections were held in Bosnia and Hercegovina and that is one of the reasons why the leaders were not paying too much attention to the immigration problem in the area of Bihac and Velika Kladusa.

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IMPLIKACIJE JAČANJA DESNIČARSKOG EKSTREMIZMA NA SIGURNOST U DRUŠTVU

IMPLIKACIJE JAČANJA DESNIČARSKOG EKSTREMIZMA NA SIGURNOST U DRUŠTVU

Author(s): Safet Mušić / Language(s): Bosnian Issue: 4/2019

The term right-wing extremism is often used to describe Nazism, fascism and other ideologies or organizations that have ultranationalist, chauvinistic, xenophobic, racist and anti-communist views. In recent years, there has been an increase in the popularity of right-wing ideologies in Europe, for many it is the highest percentage of popularity since World War II. Observed through historical phases, extreme right-wing parties were marginalized in the post-World War II period, and their ideologies discredited due to a fresh recollection of the existence and defeat of Nazism. From the mid-'50s to the '70s, the most right-wing parties attracted charismatic leaders whose deep distrust of the political establishment led to the emergence of the so- nationality. In the early 1980s, the election successes of right-wing political candidates enabled extreme right-wing political parties to revitalize anti-immigration as the main issue. The causes of the strengthening of right-wing political options in Europe can be identified first in times of major economic crises and the lack of social cohesion. In doing so, the leaders of the right-wing parties use social disorders such as migration, violent extremism that leads to terrorism, etc., for the production of fear, the spread of intolerance and the mobilization of nationalist forces.As already tested in case of the ideology of Nazism, advocating for one's own nation as superior and proclaiming other, usually minority nations for enemies, today's right-wingers in some European countries use the same matrix. In Germany in the 1930s, the Jews and the Roma, and nowadays persecution is called by migrants or Muslims, the target will be another tomorrow, because in order to get votes and achieve national unity, the enemy must also be found. What is troubled by the democratic public in countries where right-wing parties increase in the number of parliamentary mandates, this trend can lead to oppression and violence against groups of people based on their belonging to minority peoples, ethnic groups, or simply different liberal perceptions and views on society. Right-wing ideologists use the migrant crisis to revive the dangerous ideology of Nazism, closing up borders with wires across the Europe for migrants, while also surpressing some civil society organizations, undermine the foundations of an independent judiciary, diminish media freedom. All this has already been seen in Nazi Germany after coming to power in the Nazi Party in 1930. In some European countries, paramilitary groups are formed, and such groups that have carried out exercise activities have been discovered in the forests of Germany, Slovakia, the Czech Republic, Bulgaria and even Slovenia. For historical reasons, and because of the current global developments in the world, it is evident that in fact, right-wing extremism is a security threat, and it is necessary to clearly point out the potential danger.It is not so problematic the right-wing parties that hide from the Nazi doctrine and methods of action, those who do not call for violence in their program, however, these others pose a threat to security and, consequently, a liberal democracy that promotes the ideology of multiculturalism.In Southeast Europe, and especially in Bosnia and Herzegovina, democracy is fragile and needs to respond to all violence and hatred, and preserve the foundations of the European Union - tolerance, freedom of speech, if it does not call for violence, and other fundamental human rights.

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POLOŽAJ ŽRTAVA KRIVIČNOG DELA TRGOVINE LJUDIMA

POLOŽAJ ŽRTAVA KRIVIČNOG DELA TRGOVINE LJUDIMA

Author(s): Gordana Nikolić / Language(s): Serbian Issue: 4/2019

In the criminal justice sense, trafficking in human beings is an extended and extremely difficult criminal offense, which, due to its complexity, also forms part of organized crime. In criminological practice, the clarification of these works is not easy, it requires different ways, means and mechanisms of repression, while in the criminal procedure law, on the one hand, a regular course of criminal procedure is followed, while respecting all the principles of criminal procedural law, but on the other hand a difficult and exhaustive procedure, especially in terms of securing personal evidence by the victim. The author examines the work of trafficking in human beings precisely from the aspect of his victims, and this is related to the following: firstly, the basic determinations of the criminal offense of trafficking in human beings according to the actual application of the Criminal Code of the Republic of Serbia and Republika Srpska were analyzed, and the aspects of the victim this criminal act in judicial practice and pointed to the marginalization of persons who are often the victim of trafficking in human beings. In this connection, the author makes conclusions that indicate that adequate prevention from the execution of this serious crime is precisely the purpose of more effective protection of potential victims, that is, on the preventive action and protection of persons on the margins of social status, which can be included in the catalog of elections victims of human trafficking.

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MIGRACIJE I BEZBJEDNOST DRUŠTVA

MIGRACIJE I BEZBJEDNOST DRUŠTVA

Author(s): Tomo Babić / Language(s): Serbian Issue: 4/2019

The basic factor influencing life in the Western Balkans region and the formation of values is the transition process. The specificity of this process under our conditions is that its beginning is characterized by the highest degree of conflict. Organized crime and corruption are obstacles to building democratic stability, strong and responsible institutions, and the principles of the rule of law and economic development. Certainly, many pathological phenomena that are reflected in dysfunctionality and anomy of a society in transition require a series of designed and legally enforceable processes that we can characterize as transitional justice in society if we want to respond to a series of violating human rights. Such deviant phenomena are the result of political turmoil, economic destabilization, state repression, conflict, but also disruption of security. It is precisely the aim of this paper to point out some of the characteristics of pathological phenomena that are indicative in societies which go through the transition, as well as how they are reflected in a safe situation in society.

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POLOŽAJ LEZBEJKI U SRBIJI

POLOŽAJ LEZBEJKI U SRBIJI

Author(s): Zorica Mršević / Language(s): Serbian Issue: 4/2019

The analysis of the position of lesbians starts from the general position of women through the position of the LGBTI population as a whole to the specificity of lesbian existence. The most visible data on the position of lesbians in Serbia is the fact that Serbia as the first country in the region, and one of the very few in Europe and the world, got in June 2017 the prime minister openly identified as a lesbian. The mostly expressed opinions of LGBTI people, their friends and relatives about the fact that Prime Minister Brnabić has positively influenced the improvement of the position of lesbians and the general LGBTI population, although there are also different attitudes. Nearly non reduced are all three basic problems that characterize the position of lesbians in Serbia during many years: vulnerability of personal safety due to non-sanctioned anti-lesbian violence, tolerated hate speech in public discourse, and the lack of legal regulation of same-sex partnership and family relations. Lesbians, in most cases, share the same problems, disdain, discrimination, threats, intimidation, attacks both verbal and physical, but in the same time as well improvements to the better, as the entire LGBTI population. Lesbians also share the common general position of women and are also affected by typical women’s problems with misogyny, such as the gender based violence and discrimination. The lack of implementation of most relevant provisions of the Government's Strategy for Prevention and Protection against Discrimination and the its Action Plan for implementation from 2014 to 2018. is the most immediate practical reasons for the existence of all of these three problems. But the main reason is the continued existence of discrimination based on sexual orientation as part of the everyday life of the LGBTI people in Serbia, where this population remains among the most discriminated groups. This text is based on academic sources, reports issued by independent institutions, e.g. the Protector of Citizens and the Commissioner for the Protection of Equality, non-governmental organizations specifically dealing with human rights issues of the LGBTI population, as well as relevant decisions of the European Court of Human Rights in Strasbourg.

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Относно приложението на конвенцията, съставена на основание чл. К3 от Договора за Европейския съюз, за лишаването от право да се управлява моторно превозно средство

Относно приложението на конвенцията, съставена на основание чл. К3 от Договора за Европейския съюз, за лишаването от право да се управлява моторно превозно средство

Author(s): Pamela Buchkova / Language(s): Bulgarian Issue: 2/2008

The Convention relates to the safe exercise of one of the fundamental rights conferred on European citizens, namely the right to free movement within the Union.

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Правна характеристика на договорите за финансово обезпечение

Правна характеристика на договорите за финансово обезпечение

Author(s): Ivan Mangachev / Language(s): Bulgarian Issue: 2/2008

This article provides an overview to the Bulgarian implementation of Directive 2002/47 EC (Financial Collateral Directive) in the national legislation. The Bulgarian parliament adopts this Directive in special act - Law on Financial Collateral Arrangements (Issued by the 40th National Assembly on 10 August 2006, published in State Gazette, issue 68 of 22 August 2006). The article starts with paragraph 1 on the historical roots of the financial collateral arrangement in their two forms: i) title transfer financial collateral arrangement; and ii) security financial collateral arrangement. The title transfer financial collateral arrangement was known to the Roman law as fiducia cum creditore contracta. In this contract between creditor and debtor, the debtor transfers the ownership over his specific property to secure his debt. If the debt was repaid the creditor has the obligation to transfer back the ownership to its previous owner. The security financial collateral arrangement may be found in the Roman law contarct - lex comissoria. In this security contract the creditor had the right to become an owner, only in case of repayments default. The paragraph 2 makes an overview about EU and national legislation, which have any relations to the financial collateral arrangements. The third paragraph deals with the legal definition and characteristics of these two security contracts. The paragraph 4 researches the contracts main and common elements, which are the relevant financial obligation and the financial collateral.In paragraph 5 the author makes compares the above mentioned contracts with the similar legal figures as cession, factoring etc. and make the distinguishing notes.The last sixth paragraph is dedicated to the conclusions and de lege ferenda proposals, which aim is to provide better legislation in the area of financial collateral law.

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Обида и клевета според българското наказателно право и европейските практики в тази област

Обида и клевета според българското наказателно право и европейските практики в тази област

Author(s): Petya Svilenova / Language(s): Bulgarian Issue: 2/2008

In most Western European countries, the legal norms governing insult and slander have become a kind of legal anachronism, reminiscent of earlier theories and forms of government, now rarely applied but still valid. Used primarily to restrict freedom of expression and of the press.

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Форми на границата на държавността - конфедерации, "конфедерални конфедерации" и международни режими с конфедерален характер

Форми на границата на държавността - конфедерации, "конфедерални конфедерации" и международни режими с конфедерален характер

Author(s): Martin Belov / Language(s): Bulgarian Issue: 3/2008

Confederations are a form of political organization located on the border of statehood. They are an intermediate phenomenon, located between states with a federal form of government and international organizations. The theory lacks overlapping consensus as to whether confederations are a variation of the state or international organizations. The main reason for this is the lack of established criteria. to qualify, respectively, to de-qualify political systems as confederations.

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Юридически механизми за защита на пострадалите от домашно насилие

Юридически механизми за защита на пострадалите от домашно насилие

Author(s): Ralitsa Kostadinova / Language(s): Bulgarian Issue: 3/2008

Domestic violence is a serious violation of fundamental human rights. That is why this problem has been engaging the world public for many years. In Europe, the problem of victims of domestic violence is widely discussed. On 25 November 2005, the Standing Committee of the Parliamentary Assembly of the Council of Europe (PACE) endorsed the European campaign against violence against women, to be launched by the Council of Europe in 2006-2007.

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Ролята на полицията в борбата с домашното насилие и прилагането на Закона за защита срещу домашното насилие

Ролята на полицията в борбата с домашното насилие и прилагането на Закона за защита срещу домашното насилие

Author(s): Krasimir Grigorov / Language(s): Bulgarian Issue: 3/2008

The roots of domestic violence go back to ancient times and emerge with the formation of the family as an independent structure of coexistence between individuals. In the Arab world, and until now (we know that legislation is based largely on customary law), the spouse or the head of the family may have sexual, physical, let alone mental abuse and restriction on the personal freedoms of other members. to the family (if he catches his wife in infidelity, the husband may stone her and that is right according to custom and law).

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Кодифицирането - запазване на римскоправните принципи - да се живее честно, да не се вреди другиму и да се отдава всекиму своето

Кодифицирането - запазване на римскоправните принципи - да се живее честно, да не се вреди другиму и да се отдава всекиму своето

Author(s): Hristo Krastev / Language(s): Bulgarian Issue: 3/2008

Roman philosophers and thinkers, ancient Roman lawyers formed the legal concepts and established the spirit of law unconditionally. For the study and study of legal institutions and concepts, legal terminology requires serious use of Latin. Anyone who has dealt with classical languages knows that Latin and culture are part of the foundation upon which modern scientific integration is developed.

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Суборгация - встъпване в правата на удовлетворения кредитор

Суборгация - встъпване в правата на удовлетворения кредитор

Author(s): Nikolay Ivanov / Language(s): Bulgarian Issue: 3/2008

Subrogation is a legal-technical term considered on the basis of the theorists in the field of bond law, together with the institutes of performance of a bond obligation. Content that is embedded in the term is the assignment of the rights of the satisfied creditor by a third party.

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България след присъединяването към Европейския съюз - перспективи за бъдещо развитие

България след присъединяването към Европейския съюз - перспективи за бъдещо развитие

Author(s): Nadya Dyavolska / Language(s): Bulgarian Issue: 3/2008

As a full member of the European Union, Bulgaria has largely aligned its legislation with European law. However, there are a number of challenges to our country that arise from my membership. Bulgaria has yet to meet the EU's standards and requirements. One of the goals of the Bulgarian Government at present is the admission of our country to the Schengen area in 2011. Bulgarians, like all other citizens of the European Union, are the holders of the four fundamental rights.

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Относно необходимостта и възможността да съществува общо понятие за ценните книжа с оглед на техните налични и безналични форми

Относно необходимостта и възможността да съществува общо понятие за ценните книжа с оглед на техните налични и безналични форми

Author(s): Silvia Tsoneva / Language(s): Bulgarian Issue: 4/2008

Securities are defined as transferable rights registered in accounts with the Central Depository or other depository institution (dematerialized securities), or documents materializing transferable rights (available securities) that can be traded on the capital market, except for payment instruments (Article 2 of the Public Offering of Securities Act).

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Що е факторинг

Що е факторинг

Author(s): Emilia P. Dimitrova / Language(s): Bulgarian Issue: 4/2008

Leasing, franchising and factoring are most common among modern legal entities. Factoring is the most unknown in Bulgaria. However, it has the same practical importance as the other two legal phenomena for the development of business, especially for small and medium-sized entrepreneurs.

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Наказателноправна защита на регистрационния и идентификационния режим на моторните превозни средства

Наказателноправна защита на регистрационния и идентификационния режим на моторните превозни средства

Author(s): Ralitsa Kostadinova / Language(s): Bulgarian Issue: 4/2008

Section II of Chapter XI of the Criminal Code (CC), entitled "Crimes in Transport," aims to provide criminal defense protection for transport activity by criminalizing two groups of publicly dangerous acts. The first group of offenses concerns transport safety (transport offenses) and the second group concerns public relations in relation to the established order of transport.

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