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BOSNA I HERCEGOVINA OD ZAVNOBiH-a DO DAYTONSKOG SPORAZUMA – KONTINUITET IZGRADNJE DRŽAVNOSTI U XX STOLJEĆU

BOSNA I HERCEGOVINA OD ZAVNOBiH-a DO DAYTONSKOG SPORAZUMA – KONTINUITET IZGRADNJE DRŽAVNOSTI U XX STOLJEĆU

Author(s): Mirko Pejanović / Language(s): Bosnian Issue: 12/2013

The idea of ZAVNOBiH arose in the power of people’s liberation and anti-fascist struggle in Bosnia and Herzegovina within the broad antifascist movement in Yugoslavia. The first session of ZAVNOBiH is an expression of people’s creation and will who fought for the freedom to rule its country, its resources and development. The resolution of the First Session of ZAVNOBiH offered a concept of statehood of Bosnia and Herzegovina in the form of its proclamation as a federal unit of the Democratic Federative Yugoslavia. As an identified state unit, Bosnia and Herzegovina becomes equal with Serbia, Croatia, Macedonia, Montenegro and Slovenia in the constitution of the democratic Yugoslavia on the federal principle. Federal Bosnia and Herzegovina is at last found historical and political solution for fraternity and equality of three autochthonous peoples whose lives were entangled on the territory of Bosnia and Herzegovina: Serbs, Croats and Muslims (Bosniaks). Such a concept of the statehood of Bosnia and Herzegovina was supported by Kardelj and Tito during the preparations for the First Session of ZAVNOBiH. The idea of ZAVNOBiH in its institutionalization started with the First Session of ZAVNOBiH in Mrkonjić Grad and continued with the Second Session in 1944 in Sanski Most, and the Third in free Sarajevo in 1945. The Second Session of ZAVNOBiH established the organization of the state administration, whereas the Third Session grew into a people’s assembly which constituted the first government. In the years of peace and socialist development, Bosnia and Herzegovina passed its first constitution in 1946 whereby the position of Bosnia and Herzegovina was determined as a republic. Bosnia and Herzegovina exerts sovereign authority, except in those issues which are transferred to the authority of the Federal Yugoslavia. Through the dissolution of the Socialist Federative Republic of Yugoslavia and the historical turnaround after the breakdown of socialism, the Republic of Bosnia and Herzegovina performed its political pluralisation in 1990. Bosnia and Herzegovina gained its political independence and sovereignty after the referendum of citizens in 1992, on which 99% of citizens who voted opted that their state be sovereign and independent. There was no historical luck that the will of the citizens of Bosnia and Herzegovina about the status of their country be achieved in peace. After a three and a half year long war and strong engagement of the USA and the International community, Bosnia and Herzegovina develops in peace on the grounds of the Dayton Peace Accord. Bosnia and Herzegovina moves towards membership in the EU and NATO through reforms. All forms of Bosnia and Herzegovina’s statehood, including the future status as a member of the EU, have their roots in the decisions of the First, Second and Third Session of ZAVNOBiH and in the continued development of the statehood of Bosnia and Herzegovina on the ideas of ZAVNOBiH.

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Women in the Labor Market and Decision Making in Kosovo

Women in the Labor Market and Decision Making in Kosovo

Author(s): Dena Arapi,Luan Vardari,Rrezarta Gashi / Language(s): English Issue: 1/2017

Gender equality is defined as a prerequisite for European integration and as such the Action Plan for European Partnership is listed on Political Criteria. The Government of Kosovo in April 2008 approved the Kosovo Program for Gender Equality GENERAL six goals and eight specific objectives. With this objective case for women in the labor market and decision-making requires a greater commitment of all stakeholders. This study provides an overview of the rough that evaluates the legal framework and cross-sectoral policies and positioning of women in conformity with their school preparation in decision-making positions. Economic independence remains as one of the main key to the realization of the equal right to decision-making positions. Although Kosovo with gender representation in decision-making level of the seventeenth in the world counted in the labor market situation remains a challenge that requires a great commitment to the local factor and even international. Therefore, the research enables the opening of discussions, improving the working environment and the implementation of the Action Plan for Empowering Women in Economy as a key factor of the welfare of family and society

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ПРЕВЕНЦИЯ НА КОРУПЦИЯТА ПРИ ОБЩЕСТВЕНИТЕ ПОРЪЧКИ В ПУБЛИЧНИЯ СЕКТОР АКТУАЛНИ ПРОБЛЕМИ И ЗАЩИТНИ МЕХАНИЗМИ НА НАЦИОНАЛНО И ЕВРОПЕЙСКО НИВО

ПРЕВЕНЦИЯ НА КОРУПЦИЯТА ПРИ ОБЩЕСТВЕНИТЕ ПОРЪЧКИ В ПУБЛИЧНИЯ СЕКТОР АКТУАЛНИ ПРОБЛЕМИ И ЗАЩИТНИ МЕХАНИЗМИ НА НАЦИОНАЛНО И ЕВРОПЕЙСКО НИВО

Author(s): Jordan Georgiev Deliversky / Language(s): Bulgarian Issue: 3/2016

Corruption is a complex phenomenon with economic, social, political and cultural dimension, which cannot be eliminated easily. Acts of corrupt behavior have their own specifics depending on the area in which they occur. The basic principles, on which the system of organization of public procurements needs to be build include: Transparency, good governance, prevention of violations, compliance and monitoring, accountability and control. The efficacy in preventing and detecting corruption practices in the implementation of public procurements depends on the efficiency of the common controls in this area.

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Съветизация на българското наказателно-процесуало право (1944 – 1952 г.)

Съветизация на българското наказателно-процесуало право (1944 – 1952 г.)

Author(s): Veselin Vuchkov / Language(s): Bulgarian Issue: 8/2018

In the text under analysis is the period of the establishment of totalitarian criminal law in Bulgaria following the takeover of 9th September 1944 until 1952 and the gradual transformation of the Bulgarian criminal law in a Soviet satellite.

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Конверсия на официален документ

Конверсия на официален документ

Author(s): Ekaterina Mateeva / Language(s): Bulgarian Issue: 8/2018

The focus of the following article is put upon several issues that need to be addressed concerning the conversion of a licit public document into a private one in accordance with the provision of Art. 188 of the Bulgarian Code of Civil Procedure. The adopted approach is that the conversion of a public document (i.e. formal conversion) consistsof binding the probative force of a private document to a public document, issued by a non-competent authority or lacking the necessary form. However, this effect can only be observed whenever the private document contains the signature of the parties to the transaction. Moreover, the necessary elements of the formal conversion are put to a scrutinous critical examination. Several issues concerning the formal conversion’s field ofapplication have been addressed as well.

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Plagium и плагиатство в римското право

Plagium и плагиатство в римското право

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 8/2018

The article presents the concept of plagium in two aspects. First of all, the crimen plagii, sanctioned by Lex Fabia during the Republic, is related to the abduction, detention, concealment, sale, exchange, etc. of ingenuus, libertinus or slave. The second part is dedicated to plagiarism as a crime in modern law, but it hadn’t the legal framework in ancient Rome. However, the wrongful appropriation and stealing and publication of another author’s thoughts, ideas, or expressions and the representation of them as one’s own original literarywork was morally reproved and, in some cases, treated as iniuria against the author.

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Правилниците на Великите народни събрания при действието на Tърновската конституция – българският парламентаризъм

Правилниците на Великите народни събрания при действието на Tърновската конституция – българският парламентаризъм

Author(s): Ekaterina Mihaylova / Language(s): Bulgarian Issue: 8/2018

In the article under consideration are the parliamentary rules of procedure of the Grand National Assemblies, which were established under the force of the Constitution of Tarnovo with the exception of the VI Grand National Assembly. Under analysis are the rules, which provide for parliamentary autonomy, the publicity of the session, regulate the rights of the majority and minority in the Assembly as well as the balance between their rights and interests. Under review and description are also the basic parliamentary debates with regard to the adoption of the parliamentary rules of procedure.

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Механизми за наблюдение на изпълнението по универсални международни договори в областта на правата на човека

Механизми за наблюдение на изпълнението по универсални международни договори в областта на правата на човека

Author(s): Katerina Yocheva / Language(s): Bulgarian Issue: 8/2018

In the present study under consideration are the various universal human rights treaties andin particular those of them that establish different treaty-based implementation monitoringmechanisms. This article presents only briefly the various human right instruments and their respective treaty-based mechanisms and procedures. In-depth analysis of the relevant universal human right treaties and their monitoring mechanisms is made by the same author in a separatecomprehensive study.

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Зa религиозното образование в България

Зa религиозното образование в България

Author(s): Petya Nedeleva / Language(s): Bulgarian Issue: 8/2018

The issue of religion and religious education raises serious discussions. There are conflictingopinions about their place and role in the curricula and in general in the lives of adolescents,and this public discussion has been observed since the late nineteenth century. According to oneopinion, religion has no place in school education and issues related to religion should remainwith the family. Religious education, as fundamental to building a value system and toleranceamong the younger generation, is also supported by strong arguments. However, there is no unanimity as to when religious education should begin and how long, and what its content should be.There is another important question – the lack of interest in religious education among society,and especially among young people. This indifference can be explained to a large extent by politicstowards religion and religious communities during the socialist period.

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Актуалните проблеми в наказателното законодателство през 2017–2018 г.

Актуалните проблеми в наказателното законодателство през 2017–2018 г.

Author(s): Lidiya Peneva / Language(s): Bulgarian Issue: 8/2018

This paper examines the fundamental question how Bulgarian Criminal Law shall integrate thenew requirements of some Directives of European Union. The aim of this paper is to describe the current problems in penal law through last year. The first part of the paper explores how in Bulgarian Criminal law was integrate some important requirements of Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/ JHA; Directive 2014/62/EU of the European Parliament and of the Council of 15 May 2014 on the protection of the euro and other currenciesagainst counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA and COMMISSION REGULATION (EU) No 1143/2013 of 13 November 2013 amending Regulation (EU) No 1031/2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowances trading within theCommunity. The second part contains analyses of some existing legal provisions and the third part isthe focused on the new suggestions in the field of protection against domestic violence. This scientificstudy envisions some suggestions to include de ege ferenda in the future criminal legislation ofthe Republic of Bulgaria for better efficiency.

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Престъпления против брака и семейството преди Наказателния кодекс от 1968 г.

Престъпления против брака и семейството преди Наказателния кодекс от 1968 г.

Author(s): Lidia Peneva / Language(s): Bulgarian Issue: 1-3/2019

Crimes against marriage and family are a particular group of social relationships that the law has defended properly in view of the high public significance and value they enjoy. At the moment they are regulated in Chapter VI, Section I, of the specific part of the Penal Code the Republic of Bulgaria. The subject matter of this Statement will, however, be the legislative provisions concerning these criminalized acts in retrospect. The purpose of the study is to show by historical method and through the comparatively legal method the development of these criminal groups during the periods of various criminal laws in Bulgaria. This will also provide a basis for reflection on possible de lege ferenda proposals. This report from a structural point of view will be divided into three distinct points, marking each of the penal laws in the Republic of Bulgaria, which were in force before 1968.

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On certain legal provisions from the point of view of the division between public and private law

On certain legal provisions from the point of view of the division between public and private law

Author(s): Mihaela Fodor / Language(s): English Issue: XVII/2019

Romanian law maintains the distinction between the branch of public law and the branch of private law. This article addresses this distinction between the two and analyzes, through this distinction, certain recent provisions of the Civil Code, the Civil Procedure Code and laws that have to do with the domain of contentious administrative law. The definition of the public legal person shall be analyzed, along with the procedural norms that refer to this category of persons. We will present observations that have to do with establishing distinct competences for the solving of litigation stemming from the same legal document: the administrative contract, respectively the competence of courts specializing in contentious administrative cases when it comes to litigation concerning the conclusion or nullity of said contract, and the competence of civil courts of law when it comes to litigation concerning the execution of said contract.

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ICONOMIA BISERICEASCĂ, UNUL DINTRE TEMEIURILE JUSTIȚIEI PENALE ÎN MOLDOVA

ICONOMIA BISERICEASCĂ, UNUL DINTRE TEMEIURILE JUSTIȚIEI PENALE ÎN MOLDOVA

Author(s): Cătălina Chelcu / Language(s): Romanian Issue: 56/2019

The research topic is actually an episode of what we may call the “survival” of Byzantium in the political culture of the Romanian Principalities. The field of Law was one of the controversial aspects of this issue. My incursion into the characteristics of the imperial Byzantine ideology is meant to explain certain political behaviours of the reign in Moldavia, mainly in the legal practice in late 18th century and the first decades of the 19th century. The Byzantine political tradition present in the Romanian Principalities until the 18th century entailed a reprisal of the governing principles of the Empire. The princes of the country continued to get on the Moldavian throne “with God’s mercy”, a title preserved by those who occupied the princely see in the 18th century and the first decades of the 19th century. The princely institution was affected severely by the Turkish-Phanariote regime of the 18th century but, at the level of the domestic princely policy, the institution per se did not undergo significant changes. In terms of legal practice, historical sources attest – as shown throughout my paper – that the princes preserved their right of jus gladii, namely of sentencing to death the persons guilty of several criminal acts. The princes would use this right, as always, as they saw fit (my italics). As we get to the 19th century, death sentences are ever rarer. Most penalties were limited to mine labour, preceded by mutilations and – quite often – by beatings. How can one explain the change in paradigm? On one hand, by the fact that – for criminal power – the loss of an asset or right as a punishment method became far more effective in terms of attaining punitive purpose. On the other hand, we must consider the consolidation of the princely institution, given that it imitated the ideological imperial Byzantine model, based on the image of a good and merciful prince. I believe that these explanations prove valid because legal practice attests fully the reprisal of the Byzantine ideological foundation of oikonomia in governing the country, with the two essential principles: philanthropy and leniency.

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Transitions Online_Around the Bloc-12 March
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Transitions Online_Around the Bloc-12 March

Author(s): TOL TOL / Language(s): English Issue: 03/16/2020

Today’s regional roundup: Judging Slovak judges; a trans-breakthrough in Russia; Lithuanian independence; an Uzbek city goes green; and biking in Czechia.

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Transitions Online_Around the Bloc-13 March
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Transitions Online_Around the Bloc-13 March

Author(s): Ioana Caloianu / Language(s): English Issue: 03/16/2020

Headlines from around the region: Coronavirus update; Russian athletes; Serbian Orthodoxy in Montenegro; the Nazarbaevs’ London real estate; and Romania’s fishy new citizens.

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Transitions Online_Around the Bloc - 3 April
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Transitions Online_Around the Bloc - 3 April

Author(s): Ioana Caloianu / Language(s): English Issue: 04/06/2020

TOL’s regional roundup: EU party leaders pick on Hungary; refugees in Central Europe; coronavirus in Serbia; and a Czech non-festival.

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DEPENDENT WORK AND INTERNSHIP

DEPENDENT WORK AND INTERNSHIP

Author(s): Jan Horecký,Michal Blažek / Language(s): English Issue: 2/2019

The law of the Czech Republic does not explicitly regulate the rights of the university students participating in internship programme. Nor does it regulates the obligations and rights of the internship programme providers. Without the existence of any specific legal regulation, the issue has to be addressed by most of the universities since internship is a necessary requirement for graduation. The absence of legislation makes unclear the legal background of internship programmes. The authors of the article deal with those legal norms that should apply in internship practice and present several arguments supporting the fact that the internship programme should be regulated by labour law Act No. 262/2006. The article also draws attention to the consquences of this conclusion. The aim of the paper is to support the opinion above, providing several arguments. To achieve this objective, the concept of „dependent work“ will be analyzed using deductive research method based on the existing theoretical labour-law knowledge, as well as an inductive method will be applied with the Supreme Court and the Supreme Administrative Court of the Czech Republic.

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IMMEDIATE TERMINATION OF EMPLOYMENT RELATIONSHIP BY THE EMPLOYER

IMMEDIATE TERMINATION OF EMPLOYMENT RELATIONSHIP BY THE EMPLOYER

Author(s): Marián Mészáros,Karina Divékyová / Language(s): English Issue: 2/2019

The article addresses the issue of immediate termination of employent initated by the employer.Termination of employment by the employer is interpreted as a unilateral legal act, under whichthe employer can terminate employment with the employee solely on the basis of defined reasons. The main objective is to point to problematic aspects of the Slovak legislation and to clarify their application with reference to judicial practice. The authors summarized the current legal background, analyzed the relevant court decisions, and applied logical thinking, using deduction, induction and synthesis in order to draw the appropriate legal conclusions. The article contains the comparison of the Slovak and the Czech legislation in the affected field.

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CONSUMER PROTECTION AND NEW CONTRACT LAW IN 
THE EUROPEAN UNION AND IN ITALY

CONSUMER PROTECTION AND NEW CONTRACT LAW IN THE EUROPEAN UNION AND IN ITALY

Author(s): Tiziana Rumi,Angelo Viglianisi Ferraro / Language(s): English Issue: 1/2020

This paper deals with the recent normative modifications introduced in the European Union by the Directive 2011/83/EU (aimed to realise a full harmonisation of member states’ rules in some aspects of consumer and contractual law), and consequently in Italy, through the Legislative Decree No. 21/2014 (which transposed the supranational source). As it is known, the principal legal instruments used in the last years by the EU to protect the weak parties are the ‘information duties’ and the ‘right of withdrawal’. The new rules try to strengthen them, but the implementation of the European Directive in Italy gives rise to many arguable points and perplexities.

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Transitions Online_Around the Bloc-19 May
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Transitions Online_Around the Bloc-19 May

Author(s): Ioana Caloianu / Language(s): English Issue: 05/25/2020

Today’s news headlines: North Macedonian rights breakthrough reversed; dispute over Chisinau airport; Georgia and the U.S; Poland’s new Supreme Court head; and Slovenia emerges from lockdown.

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