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Запрещение и идентичност: философия по време на право
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Запрещение и идентичност: философия по време на право

Author(s): Stoyan Stavru / Language(s): Bulgarian Issue: 3-4/2016

The article examines the philosophical and legal questions raised in connection with the proposed with Draft Natural Persons and Support Measures Bill change in the legal status of persons with intellectual disabilities and mental disorders. The “interests” and “presumable will” as leading criteria for preserving the identity and authenticity of persons placed under interdiction are opposed. Various approaches to identity and how to implement them in the context of the legal framework of incapacity are examined.

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Transitions Online_News-Around the Bloc - 11 June
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Transitions Online_News-Around the Bloc - 11 June

Author(s): TOL TOL / Language(s): English Issue: 06/18/2019

The important, interesting, or just downright quirky news from TOL’s coverage region. Today: Dardanians record historic win; Romanian garbage fears; Russian journalist faces drug charges; Albania’s political deadlock grows; and why Eastern Europeans shouldn’t play with matches.

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Transitions Online_Around the Bloc-18 March
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Transitions Online_Around the Bloc-18 March

Author(s): Ioana Caloianu / Language(s): English Issue: 03/23/2020

TOL’s regional roundup: stranded EU citizens; Prigozhin vs. Washington; Azerbaijani journalist released; fishy business in Abkhazia; and radioactive plans for Moscow.

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„Dyktat wersalski” i jego kontestacja w Republice Weimarskiej

„Dyktat wersalski” i jego kontestacja w Republice Weimarskiej

Author(s): Katarzyna Dunaj / Language(s): Polish Issue: 1/2019

The First World War, lost by Germany, made it necessary to accept the terms of peace, which were determined by the provisions of the Versailles Treaty, signed on June 28, 1919. It was developed by the victorious powers, and Germany was forced to accept its provisions. In this regard, in the era of the Weimar Republic, the peace agreement was described as „the Versailles dictate.” All political forces opposed it and the need to sign it caused the first government crisis after the November revolution (the resignation of Philipp Scheidemann’s cabinet in June 1919). Over time, the group of supporters of the republic and parliamentary democracy was shrinking. Critics of the changes made after the collapse of the Hohenzollern monarchy accused the Social Democrats, who formed the basis of the so-called Weimar coalition, of bringing to Germany the misfortunes of a harmful and shameful peace. The Nazis gained the most from the criticism of the ‘Versailles dictate’. After assuming power, Adolf Hitler revised the Treaty of Versailles by the method of fait accompli, which eventually led to the outbreak of World War II. The subject of consideration in this article is the analysis of the circumstances in which the Versailles Treaty was signed, the presentation of its provisions, and the impact of widespread opposition to the imposed peace agreement on the direction of the evolution of the political system of the Weimar Republic.

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THE RIGHT TO PRIVACY IN TERMS OF THE FRAMEWORK OF THE EMPLOYMENT RELATIONSHIP IN THE SOLOMO CONCEPT

THE RIGHT TO PRIVACY IN TERMS OF THE FRAMEWORK OF THE EMPLOYMENT RELATIONSHIP IN THE SOLOMO CONCEPT

Author(s): Marek Švec,Jan Horecký / Language(s): English Issue: 1/2019

The scientific paper outlines the application experience while addressing the questions relating to the relevant legal basis use for a natural person’s personal data processing in the framework of the employment relationship realization. Ising SoLoMo concept products and applications in the framework of the employment (or in a wider context ‘industrial’) relationship realization comes as a prerequisite for the legal basis identification. Each relationship is subject to specific control and inspection procedures, as defined in the legislation of the Slovak republic. In this respect, the scientific paper uses application experience mainly from the author’s legal practice.

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Regimul juridic al răspunderii pentru încălcarea normelor deontologice în activitatea de elaborare a tezelor de doctorat – între etica academică și provocările logicii

Regimul juridic al răspunderii pentru încălcarea normelor deontologice în activitatea de elaborare a tezelor de doctorat – între etica academică și provocările logicii

Author(s): Ionela Cuciureanu,Dragoș - Adrian Bantaș / Language(s): Romanian Issue: 14/2020

Undoubtedly, scientific research is one of the foundations of the intellectual development of a society. In its absence, human societies are rapidly losing touch with the latest developments in the field, entering a state of backwardness which, in the age of the information society, can only be a potentially fatal source of vulnerabilities. Given its importance, scientific research must be carried out in a framework characterized by strict compliance with ethical standards. On the other hand, however, these rules must be designed in such a way that they do not stand in the way of scientific development, do not become an obstacle to the honest researcher or offer detractors that any scientist will almost inevitably encounter arguments not from lack of honesty, but from the imperfect wording of the law. For this reason, in our approach we will try to highlight the main elements of the normative framework that regulates the responsibility for violating the ethical norms in the elaboration of doctoral theses, but also its possible imperfections, formulating, at the same time, a series of proposals for improvement.

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Transitions Online_Around the Bloc-7 July
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Transitions Online_Around the Bloc-7 July

Author(s): Ioana Caloianu / Language(s): English Issue: 07/13/2020

Today’s news headlines: Britain’s Magnitsky sanctions; Estonia’s “strawberry war”; a precocious Romanian vlogger; and more.

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PROTECTION FROM GENDER-BASED VIOLENCE  BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS

PROTECTION FROM GENDER-BASED VIOLENCE BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS

Author(s): Jelena Ristik / Language(s): English Issue: 2/2020

Despite the lack of specific provisions in the European Convention on Human Rights regarding gender-based violence, the European Court of Human Rights has developed a substantial body of case-law in this area. It has been done through the interpretation and application of a number of provisions in the European Convention on Human Rights that are relevant to gender-based violence. This paper provides a review of the approach of the European Court of Human Rights in cases concerning gender-based violence. Namely, it is evident that a remarkable spate of cases dealing with gender-based violence is considered by the European Court of Human Rights, which provides very solid protection in this field. However, it seems that certain aspects of the case-law on gender-based violence are somewhat inconsistent. In this sense, having in mind that the judgments of the European Court of Human Rights are the main guidelines for the States in fulfilling their obligations arising from the Convention, it is very important for the Court to fully clarify its approach in this regard.

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РОМАНИСТИЧНИ СЪОБРАЖЕНИЯ ЗА УСТОЙЧИВОСТТА НА ТЕРМИНИТЕ „НАСЛЕДНИК“ И „НАСЛЕДСТВО“

РОМАНИСТИЧНИ СЪОБРАЖЕНИЯ ЗА УСТОЙЧИВОСТТА НА ТЕРМИНИТЕ „НАСЛЕДНИК“ И „НАСЛЕДСТВО“

Author(s): Riccardo Cardilli / Language(s): Bulgarian Issue: 1/2020

The article presents the terms and concepts of heir and inheritance, formed in the archaic era by solemnis mos and included in ius civile. Inheritance is analyzed as a cultural and legal-religious achievement with richer content than the ordinary transfer of property after the death of the testator. A comparison is made between inheritance by law (ab intestato) and by will the appointment of an heir by testamentum calatis comiciis and adoption by adrogatio. The basic and genetically related terminology for heir and inheritance passes into the legal tradition based on Roman law in both models of inheritance – by will and by law. Linguistically, however, "successio" has an expressive meaning, but it is the result of the reasoning of classical jurists and interpreting the models of succession on the occasion of death in civil and praetorian law.

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РОМАНИСТИЧНИ ОСНОВИ НА ЛИШАВАНЕТО ОТ НАСЛЕДСТВО В РИМ – ИЗСЛЕДВАНЕ И РЕТРОСПЕКЦИЯ НА ИСПАНСКИЯ ГРАЖДАНСКИ КОДЕКС ОТНОСНО НАСЛЕДЯВАНЕТО

РОМАНИСТИЧНИ ОСНОВИ НА ЛИШАВАНЕТО ОТ НАСЛЕДСТВО В РИМ – ИЗСЛЕДВАНЕ И РЕТРОСПЕКЦИЯ НА ИСПАНСКИЯ ГРАЖДАНСКИ КОДЕКС ОТНОСНО НАСЛЕДЯВАНЕТО

Author(s): Tewise Yurena Ortega González / Language(s): Bulgarian Issue: 1/2020

From the point of view of family law, there is no doubt about the importance of the causes of disinheritance, which affect the relatives of the testator, as is inferred among others: CTh. 11.30.26, CTh. 4.4. 2.1, Marcianus in Inst. 6, D. 34.9.1 and Nov. 115. In this way, the article analyzes an institution whose roots are found in the compilation of Emperor Justinian and which has left its reflection in other sources we presente. The evolution and impact of the Roman legal system is traced not only to the unworthiness of inheritance, but also to the disinheritance, tracing the causes for this from the time of the Roman Empire in Fuero Real and Las Partidas until the current Spanish Civil Code, in which governs the modern system of inheritance. The significance of the jurisprudence, which led to a change in the interpretation of Article 756 of the Civil Code on the institution of the legitimate, was also discussed and the change that arose in the interpretation of Art. 853 Civil Code. Numerous Supreme Court decisions are also presented, in which not only physical and psychological abuse can be a reason for disinheritance, but also material and emotional abandonment or neglect of the minimum necessary care provided to the testator before his death.

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Mendimi arkivor shqiptar. Probleme dhe zgjidhje teorike – praktike.

Mendimi arkivor shqiptar. Probleme dhe zgjidhje teorike – praktike.

Author(s): Enkelejda Sejdini (Balla) / Language(s): Albanian Issue: 1-2/2019

The paper I’m presenting is based on a topic that has so far been studied little in Albanian archivistics. The first attempt in the field of Albanian archival thinking was conducted by Dr. Kujtim Nuro on his PhD thesis “Aspects of Archival Thought in Albania 1506-1912”. The emergence of modern archival thought in the first half of the 20th century does not exclude the conceptual clashes, what should be understood and is understood during the historical development process with “documents and forms of existence, manner of construction, conservation mode and its functions. As a consequence, the Albanian archival thought is ancient, that the “archival concept” was the “document” itself. Modern Albanian archival thinking as institutional theory and practice has preceded the establishment of an institutional archival state alongside the institutionalization of the Albanian state from 1912 until today. In the period 1912-1944 the foundations of archival thought were laid in our country. In this period as well as in the world practice, the “Archive” has experienced scientific and institutional treatments, and due to the necessity of national, international and social institutional communication, the archival opinion of the time was a necessity, the establishment of this activity on legal and observable levels. The entire history of archive development in this period has found deep and concise historical treatment in the “History of Archives in Albania” and Dr. Ivan Loli (Tirana, 1999). Based on the historical archival history of Albania and the world, after the second world war, with the establishment of a state of a different nature, archival thought was not left behind, and in the function of inter-ministerial communication, by the order of the Council of Ministers in 1949, of the State with multiple functions in the field of document handling “as the historical memory of the nation”. The archival Albanian opinion of the state of dictatorship and the closed society was dealt with by M. Pela in the “Archive Manual” of 1984. In this period, the theory and practice of archives marks levels comparable to the European ones and the Albanian archive became a partner and cooperative with many European archives. The communist-era archivistic’s opinion laid before the central bodies the need to raise the qualification of employees on an institutional scale. After the 1990s, the archival thought, in the period of state overthrows, has passed and has been in existence before existentialist situations, as everywhere and in the archive field there was a possibility of annihilation. Archival thinking has preceded these situations, and as a result of the opening of the society “archives from closed and scary institutions” became “open institutions in a free and open society” where besides the institutionally legitimized functions they started to play an important role, in function of non-institutional but also a civil service.

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THE RULE OF LAW CRISIS AND SELF-INCURRED IMMATURITY

THE RULE OF LAW CRISIS AND SELF-INCURRED IMMATURITY

Author(s): Benjamin Nurkić,Aldina Jahić / Language(s): English Issue: Suppl./2020

The COVID-19 pandemic challenged countries around the world to preserve public health which entailed limitations of human rights. We have seen around the world that these limitations were adopted in way that was not in accordance with the proportionality principle, which led to misuse of the state of emergency in general and the interventionism of unseen proportions. The goal of this paper is to present how Bosnia and Herzegovina, as a country in transition, faced the COVID-19 pandemic and give an overview of the events that represent human rights and freedoms violations and abuses associated with the state of emergency.

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A parlamenti választási rendszerek nemzeti kisebbségi vonatkozásai a Nyugat-Balkánon – harminc éve a demokrácia árnyékában?

A parlamenti választási rendszerek nemzeti kisebbségi vonatkozásai a Nyugat-Balkánon – harminc éve a demokrácia árnyékában?

Author(s): László Horváth / Language(s): Hungarian Issue: 2/2020

As of the 1990s not only Central and Eastern Europe, but also the countries of the Western Balkans were transformed from one party to multi-party democracies. Besides the political representation of the majority, the national minorities have also demonstrated political ambition and have sought visibility. At the same time the rights of national minorities, their participation in political life – especially due to the tragic events in the Balkans – have gradually shifted to the centre of attention from a marginal position. Among alternative solutions there are various methods for separate parliamentary representation of national minorities. These solutions have been put into practice in many of the above mentioned states. The aim of this paper is to review these alternative solutions of the past 30 years and the difficulties they have faced. The objective has been to provide a comprehensive exposition of the evolution of parliamentary representation of national minorities in the Western Balkans.

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İdeolojinin Türk Hukukuna Yansıması: Komünizm Örneği (1923-1960)

İdeolojinin Türk Hukukuna Yansıması: Komünizm Örneği (1923-1960)

Author(s): Engin Çağdaş Bulut / Language(s): Turkish Issue: 27/2020

From the establishment of the Republic of Turkey until the military coup in 1960, the judicial system has been changed many times for various reasons. One of these reasons is to fight against harmful ideologies. A revolutionist idea threatening the regime like communism is one of them. Believing that communism would endanger the state’s future, measures were taken through enactment of constitution,laws, decrees, and the mechanisms of censorship and prohibitions. In situations in which punishments are insufficient, Communism, is considered as a crime of thought and an act of incitement to revolt,and to subvert the government and changing the regime. In this context, people accused of communist activity or propaganda were subject to heavier penalties. However, works for the inclusion of ideological crimes in the laws have continued as well. The situation of communist or anti-communist movements in the world has been monitored and measures have been taken in the fight against communism and finally the ideology has reached a de facto enemy position starting from the NATO accession process. While the attitude towards communism between 1923 and 1960 has been examined at five phases, the change in Turkish penal laws, decrees, and freedom of thought have indicated the extent that ideology plays a role in government policies. The support of judiciary and law enforcement agencies were necessary for the implementation of these policies. Thus, ideology has affected not only the society but also the fields such as law,justice and judiciary, and has been one of the actors in the formation of these laws with its shaping effect.

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HANDLING ENGLISH CULTURE-BOUND TERMS IN
LEGAL TRANSLATION: A COMPARE-AND-CONTRAST
APPROACH

HANDLING ENGLISH CULTURE-BOUND TERMS IN LEGAL TRANSLATION: A COMPARE-AND-CONTRAST APPROACH

Author(s): Marina-Cristiana Rotaru / Language(s): English Issue: 2/2019

The aim of this paper is to analyse English culture-bound terms specific to the legal system in England and Wales and suggest appropriate or improved translations of these terms in Romanian. Also known as non-equivalent terms, these words challenge the translator because they reflect a different cultural and linguistic reality than the translator’s own cultural and linguistic reality. In order to respond to such challenges, translators firstly need to develop cultural and legal awareness, which then helps them build linguistic awareness for the legal domain. Hence, being able to compare and contrast the source legal system and the target legal system is a necessary step in rendering a source language (SL) legal word or phrase into the arget language (TL) as accurately as possible.

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The COVID-19 Post-lockdown Italian Scenario from an Eco-Socio-Legal Perspective

The COVID-19 Post-lockdown Italian Scenario from an Eco-Socio-Legal Perspective

Author(s): Fabio Ratto Trabucco / Language(s): English Issue: 3/2020

This paper offers an analysis of the possible COVID-19 post-lockdown effects on the powerful factors that constitute the Italian national interest. The interdisciplinary perspective, being at the base of this study, considers a scenario characterized by three factors: time, budgetary policy, and communication. Since the social post-lockdown crisis began, Italy has been facing a problem of social justice in terms of participation, which is absent for now, especially in the political framework. The policy proposals should take account of unpopular decisions, whereas from a legal and geopolitical perspective it is necessary to have a more defined foreign policy, a clearer Italian positioning concerning international alliances with national interest as a reference point.

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A Look at the Evolution of the Right to Self-determination in International Law

A Look at the Evolution of the Right to Self-determination in International Law

Author(s): Paweł von Chamier Cieminski / Language(s): English Issue: 3/2020

The article takes stock of the historical development of the notion of the right of a people to self-determination in international law. It provides a coherent review of the main international treaties, customary rules, and legal rulings that shaped the evolution of the term over the course of the twentieth century. In doing so, it focuses on the main historical and political events, which had an impact on that process as well as the preconditions that have to be met in order for a people to have the legal capacity to execute the right to self-determination. Three main processes, which it focuses on are: decolonization, the establishment of a number of new countries following the dissolution of the Soviet Union, and the recent developments following ICJ’s Advisory Opinion on Accordance with International Law of the Unilateral Declaration of Independence in Respect of Kosovo. It also delineates the subject of the legal definition of a “people” as opposed to a “minority”, describes the legal tension between the right to self-determination and the principle of territorial continuity in international law, and discusses potential further development of the term.

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ФОРЕНЗИЧКО УТВРЂИВАЊЕ ИДЕНТИТЕТА НА ОСНОВУ ГЛАСА

ФОРЕНЗИЧКО УТВРЂИВАЊЕ ИДЕНТИТЕТА НА ОСНОВУ ГЛАСА

Author(s): Marija S. Milosavljević / Language(s): Serbian Issue: 71/2020

This paper analyzes the significance of the application of forensic phonetics in investigative and judicial processes, i.e. the application of the language knowledge in order to solve various criminal actions and litigations. The aim is to determine, based on the available literature in which manner and extent the forensic practice of identity recognition based on voice is represented in the judiciary. The basic frames of forensic expert analysis in the field of determining the person based on voice are presented. The concept of identity in criminalistics is indicated, as well as the eviden- tial value of the results of the expert analysis in the speaker’s recognition. The final results of the forensic expert analysis, expressed in a scale of ranged probabilities, are considered. Requirement and possibility of using the voice in various types and stages of police procedures, criminal investigation or criminal proceedings are indicated.

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Veche and the terms “All Pskov” and “Pskov Men”: The Russian Medieval City Assembly as a Communal Structure

Veche and the terms “All Pskov” and “Pskov Men”: The Russian Medieval City Assembly as a Communal Structure

Author(s): Alexei A. Vovin / Language(s): English Issue: 2/2020

The article focuses on the collective political institution, the veche, of the Russian medieval city of Pskov. The author argues that the horizontal political ties within that city prevailed over the vertical ones in the period before its subjugation to the Muscovite State in 1510. Pskov is put into a broad comparative perspective which results in the conclusion by the author that the development of Pskov in the fourteenth–fifteenth centuries very closely resembled that kind of urban synoecism which was practiced by Western European communes in their early stage of development (eleventh–twelfth centuries). It means, first, that the Russian Middle Ages repeated in some important features that which had occurred in Western Europe, and, second, that it happened not due to a borrowing of political institutions (as was the case with many East European countries) but independently because of similar conditions arising, albeit after a two-century delay.

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Paragrafusok a vártán: amiből sosem lehet túl sok

Paragrafusok a vártán: amiből sosem lehet túl sok

Author(s): Csilla Fedinec / Language(s): Hungarian Issue: 3/2020

Miran Komac – Vizi Balázs (szerk.): Bilaterális kisebbségvédelem: A magyar-szlovén kisebbségvédelmi egyezmény háttere és gyakorlata. L’Harmattan Kiadó: Budapest,2019. 352 oldal

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