Zdlouhavý zápas o retribuční spravedlnost

Author(s): Vojtěch Češík / Language(s): Czech Issue: 1/2021

In the reviewer’s opinion, the extensive work of historian Vojtěch Kyncl named "Bestie: Československo a stíhání nacistických zločinců" [The Beast: Czechoslovakia and the Prosecution of Nazi Criminals] (Prague: Nakladatelství Lidové noviny, 2019) substantially complements and enriches the knowledge of the administration of retributive justice in post-war Czechoslovakia. Thanks to a broadly conceived and precisely executed archival research and his excellent professional expertise, the author was able to present a high-quality monograph structured in a well-arranged manner. Its first part analyzes theoretical presumptions and context of the post-war prosecution of Nazi criminals and also maps historical developments in this field, while the second part presents reconstructions of some ninety case histories of indicted Nazi officials from different levels of the Nazi hierarchy who worked in the German occupation apparatus (mostly in its security elements) in the territory of the Protectorate of Bohemia and Moravia and the Slovak Republic between 1939 and 1945, and also of a few Slovak representatives. The author also provides revealing facts on the cooperation of Czechoslovak investigators with authorities of other socialist countries, as well as with those of the Federal Republic of Germany, where the investigation of Nazi crimes often encountered judiciary obstructions.

Síťová analýza v právu: Síťové metody a jejich využití pro získávání a vyhledávání právních informací

Author(s): Tereza Novotná / Language(s): Czech Issue: 24/2021

This article aims to provide an overview of the use of network analysis methods in law and to discuss the use of these methods for legal information retrieval. For this purpose, it contains the theoretical basis for the functioning of network analysis, but the focus of the article lies more in the categorization of ways of using this method in the application to legal sources. The purpose of the overview is to emphasize the differences of this method from other statistical methods and especially to highlight its advantages. Based on these conclusions, the author discusses the suitability of using network methods for easier and more generally accessible legal information retrieval and suggests some specific methods of how network analysis could help in working with legal information.

Kashmir conflict: Yearning for an elusive peace in the contemporary South Asian Region

Author(s): Osantha Nayanapriya Thalpawila / Language(s): English Issue: 53/2022

The conflict in Jammu & Kashmir has become a critical issue not only for India-Pakistan relations but for the whole of South Asia. After careful analysis, the origin of the conflict has been identified by scholars as a failure in demarcating a practical border between India and Pakistan by the British colonial rulers. The consequence was that after gaining independence, both countries went to war three times over Kashmir. In addition, numerous breakouts of hostilities were reported along the line of control between India and Pakistan in the Kashmir region. The United Nations Organization made several attempts to arrive at a permanent solution for the Kashmir issue. In addition, several bilateral meetings were held by India and Pakistan to work out a solution to bring about long-lasting peace in Kashmir. However, all the initiatives failed, and hostilities are still going on. The situation has further deteriorated after several incidents of cross-border terrorism that had its roots in Kashmir politics. Today the Kashmir issue has become a key threat to South Asian security after the changes that have taken place in global politics as well as regional politics. The aim of this paper is to study the conflict in Kashmir to find a way to build peace in the new global context. This paper is based entirely on secondary data and uses the descriptive analysis method. Indian government policy on Jammu & Kashmir has been influenced by past events in Kashmir, while Pakistan is looking for alternative strategies to build peace in Kashmir. The impact of this conflict on the South Asian region will mostly depend on the Indian Government’s determination to keep Kashmir under its control while it is continually challenged by the Pakistani regime, which also has claims on this territory.

Opera juridică a lui Nicolae Titulescu. Dimensiunea de drept civil și legatul științific național

Author(s): Mircea Dutu / Language(s): Romanian Issue: 2/2022

As a complex, both political and juridical, personality of the inter-war period, Nicolae Titulescu (1882–1941) was remembered by his peers especially by his diplomatic activity (as Romania’s minister of external affairs and its representative at the Society of Nations) and by promoting the values of international law. Apparently “shadowed”, his work and papers on civil law completes and characterizes the formative and professional basis, the academic presence, and his office as a barrister. Titulescu’s juridical profile is thus revealed in its multitude and as essential in his public activity, thus under a strong influence. The general conception on law and its application in civil law stands out as Titulescu’s scientific contribution. “Read” in the terms and valued according to the priorities of each era, it stands of great actuality, as a chance of “reinventing” Romanian juridical science. Joining the new orientation from the end of the XIXth century and the beginning of the XXth, of abandoning the exegetic school if favor of the perspective of economic, social, and psychological conditioning of the legal phenomenon, Titulescu will promote the thesis of law as a social science, thus offering the prospects for the development of a “Romanian law”, in the sense of a creative adaptation of the imported regulation (specific to modernity), and stimulating the creation of a normativity exposed to the needs of the society, with a corresponding case law and jurisprudence. As a jurisprudent, Titulescu offered “a study of the civil law, and not of the civil code”, alternating the critical (economic and social) research with the legal debate and analysis. To him, interpreting the law was not exclusively a search for the view of the lawmaker, but not as much abandoning the written law in the name of equity; it was, most likely, adapting the law to social needs. Last but not least, by valuing this heritage, the direction to be followed by the post-1989 Romanian legal thought became now a rediscovery of the science of law as an intellectual effort, having its origins in the “spirit of the people” (Savigny), by which the Romanian society reveals itself to the jurist as “principle of our law” (M. Djuvara), and its purpose in the configuration of Romanian law as a system of legal institutions created by transposing the realities of social life into the technical language of legal categories.

Sustainable Global Supply Chains: The Human Rights Aspect

Author(s): Bistra Boeva / Language(s): English Issue: 2/2021

The objective of this paper is to examine Global Supply Chains (GSC) from the perspective of human rights. Economists and international business scholars focus on the economic nature of this phenomenon and its complex international structure. International institutions (such as the WTO, OECD and others) direct their efforts to the regulation of the relations within the structure and to the measurement of the contribution of GSC to national economies and global trade. Human Rights activists, on the other hand, are tackling violations of human rights at the various stages of the supply chains. At present, politicians, regulators and a limited number of scholars are also trying to deal with the issue of human rights within GSC from a different angle – namely, the behaviour of business with regard to human rights issues in international business activities. The paper builds on the author’s previous research on global supply chains in their role as stakeholders within the corporate governance system. The author adheres to the view that the study of human rights issues in the context of GSCs demands an interdisciplinary research approach and utilizes an adequate conceptual framework that should be further developed. Theoretical observations are combined with a survey on the business attitude towards human rights. Venue for following studies is drafted.

Към въпроса за историкоправния анализ като метод на изследване

Author(s): Plamen Petkov / Language(s): Bulgarian Issue: 5/2022

The purpose of this article is to identify the place and the particular aspects of the Historical and Legal Method as a tool used in scientific research. In order to achieve this purpose, the ‘Analysis’ and ‘Summary’ Methods have been applied. In particular, a juxtaposition was also used when comparing the "Historical and Legal Analysis” with its variety of “Comparative Historical and Legal Analysis”. The productiveness of this method has also been established not only in legal but also in historical research. The spontaneous application of the latter in historical science was also ascertained. For the first time, the benefit of using the method as an interdisciplinary research tool on the watershed between law and history has been revealed in the theory.

Противодействие торговле людьми в Украине в условиях вооруженного конфликта

Author(s): Anna Politova / Language(s): Russian Issue: 3/2022

The article is devoted to an actual problem - combating human trafficking in Ukraine in the context of an armed conflict. The author examines the concept of "trafficking in persons", enshrined in international legal acts and national legislation, and concludes that the approach to the essence of this phenomenon is ambiguous and the possibility of making mistakes when constructing the disposition of the norm of the article on trafficking in persons. It is noted that in the context of the armed conflict in Ukraine in cases of human trafficking, it is necessary for law enforcement agencies to develop general rules for qualification under art. 149. Human trafficking of the Criminal Code of Ukraine or under art. 438. Violation of the laws and customs of war of the Criminal Code of Ukraine, as well as it is recommended to amend the legal acts aimed at combating human trafficking.

Impactul conveţiei de la Istanbul asupra politicii de prevenire a violenţei în familie în Republica Moldova

Author(s): Sergiu Creţu,Aliona Frunză / Language(s): Romanian Issue: 3/2022

With the ratification of the Istanbul Convention, the State of the Republic of Moldova reiterates that it recognizes domestic violence as a serious form of violation of human rights and fundamental freedoms and assumes that responsibility, internationally and nationally, to fight in order to eradicate the phenomenon and to align with those international standards by which all human rights and freedoms are ensured. Thus, the Istanbul Convention requires the state, the Republic of Moldova, to take legislative and other necessary measures that would effectively contribute to the prevention of violence against women and domestic violence.

Sprawozdanie z kursu „Local Self-Government and Fiscal Decentralisation in Europe”

Author(s): Gustaw Masznicz / Language(s): Polish Issue: 15/2022

Анализ на кохезията на законодателния текст в английски и български

Author(s): Diana Yankova / Language(s): Bulgarian Issue: 3/2005

Текстообразуване и структура на правната норма в английския и българския законодателен текст

Author(s): Diana Jankova / Language(s): Bulgarian Issue: 2/2005

The present study investigates particular types of legal qualifications, their textual patterns and structuring in legislative documents across two different legal systems - the codified Roman-law based legal system in Bulgaria and the common law and precedent based system in England. The hypothesis to be tested is that differences are reflected in the language used to conceptualize statutory provisions. The main aspects of the textual component of English and Bulgarian statutory texts, namely the (linguistic) structure and place of certain types of legal qualifications and their relatedness to preceding or following discourse will also be examined.

РИМСКОТО ПОНЯТИЕ ЗА СОБСТВЕНОСТ: ОБЩ ПРЕГЛЕД

Author(s): Jean-Pierre Coria / Language(s): Bulgarian Issue: 1/2022

The Romans didn’t develop a dogmatic analysis of the right to property. They are the jurists of the Middle Ages and the modern era which, starting from the scattered texts of Roman law, formulated an absolutist conception of property. Whether, originally, the dominium ex iure Quiritium corresponds to a quasi-sovereignty, it is more a power than a right of appropriation in the modern sense of the word; and property was never considered in Rome as an unlimited power in time and in space. This right has, in fact, suffered significant infringements depending on political and economic history. First, it is a legal limitations based on the public interest and the necessities of town planning as well as on the idea of abuse by right. Another form of violation of the absolute right to property has been the multiplication of situations of de facto property, who have benefited from the judicial protection of the magistrate. On the other hand, Roman law offers the example of a sovereignty shared ownership: due to dismemberments, usually temporary, with personal easements, but especially with long-term land leases– superficies and emphyteusis - which lead to a real dissociation of ownership real estate.

ПРИНЦИПЪТ ADVERSUS FISCUM USUCAPIO NON PROCEDIT И ПРИДОБИВАНЕТО ПО ДАВНОСТ НА BONA VACANTIA

Author(s): Alfonso Agudo Ruiz / Language(s): Bulgarian Issue: 1/2022

The aim of the present investigation is the analysis of the principle adversus fiscum usucapio non procedit established in Severo’s time, whose origins go back to the republican time at least, as well as the different proceeding of the bona vacantia which belong to the Treasury, for which the usucapio is accepted if they are not requested or claimed yet.

PROPRIETAS, POSSESSIO И ACTIO PUBLICIANA

Author(s): Margarita Fuenteseca / Language(s): Bulgarian Issue: 1/2022

The author assumes that the organization of the family group is a priority topic for understanding the history of ownership. Dominus is mentioned in connection with domus, from which derives the concept of dominium (as power), which was transformed into the meaning of property at the end of the Republic. The domus is the main axis of the family community (familia) as a community of people organized under the authority of the paterfamilias and as a property community.

OPERIS NOVI NUNTIATIO И INANES DENUNTIATIONES МЕЖДУ V И VI ВЕК СЛ.ХР

Author(s): Iole Fargnoli / Language(s): Bulgarian Issue: 1/2022

The article considers one imperial constitution of the emperor Zeno, reached to us through the Justinian Code (8.10.12). This law intervenes on the procedural terms of the judgment to react to the annoying practice, widespread in Constantinople, of spurious denunciations for new work aimed at preventing the continuation of the works of others. The provision is valuable for reconstructing what remains of the operis novi nuntiatio of the classical period at the end of the 5th century ad.

IUS EMPHYTEUTICARIUM IUS TERTIUM SIT

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 1/2022

The article is devoted to some discussion problems related to the characterization of ius emphyteuticarium, which appears to be too specific (sui generis) and different from the traditionally defined real law and law of obligation. For this reason, in the constitution of the emperor Zeno (CJ.4.66.1), from which the fragment that served as the title of the article, this right is called ius tertium. However, it is not an innovation in the post-classical period, but is the result of the development of the Roman legal concept of public property and its management since the archaic period, it has its design in the so-called duplex dominium during the time of the Republic and the Principate and passed into medieval law in the system of divided ownership (dominium divisum).

ПРИЛОЖИМОСТ И ЕФЕКТИВНОСТ НА ДРЕВНОРИМСКИЯ МОДЕЛ НА СОБСТВЕНОСТТА В СЪВРЕМЕННАТА ЕВРОПЕЙСКА ПРАКТИКА

Author(s): Maria Miceli / Language(s): Bulgarian Issue: 1/2022

It returns to discuss properties mainly for impulse of European case law (ECHR) that include the property as part of fundamental human rights. It is a debate that also involves a re meditation on the meaning of ownership, in its traditional model, and the validity and persistence of the same under current legal experience. In fact, there is no doubt that in the context of the entire legal experience Western (Western Legal Tradition), the individual properties model developed in the experience of Roman law plays a crucial role.

ОТКАЗ ОТ СУБЕКТИВНИ ВЕЩНИ ПРАВА ВЪРХУ НЕДВИЖИМИ ИМОТИ – СЪЩНОСТ, ФАКТИЧЕСКИ СЪСТАВ И ПРАВНО ДЕЙСТВИЕ

Author(s): Ivan Ruschev / Language(s): Bulgarian Issue: 1/2022

The present study discusses issues related to the relinquishment of the right to property, provided for in Art. 100 of the Property Law, and of property rights over a third party’s property as legally regulated manner of disposing of the right to property. The aspect in consideration is the two-element mixed factual composition of the renunciation of the property right, provided for in the law: the unilateral declaration of will of the holder of the right, aimed at its termination on a given immovable property and its registration. A general consequence of the renunciation is that the property becomes unowned, but there is no direct regulation by whom and by what means it is acquired. Both the relinquishment of a co-owner of their ideal part of property and the relinquishment of an owner solely of their ideal part of property have been considered. The emphasis of the exposition is placed on the effect of the entry of the waiver of a subjective right, as well as on the consequences of an actual waiver of a property right under Art. 100 of the Property Law, mainly on basis of whom the right belongs to after such a waiver. Inquiry is placed on the suggested permits, that the properties, for which a consent is given to waiver of property rights: increase the shares of the other co-owners; remain unowned and subject to conquest; become state, respectively, municipal property. An original claim that such properties become state/municipal property is substantiated by application by analogy of Art. 11 of the Law of Succession and of texts of particular laws, apart from the foreseen prospect for the municipality to seize the property and acquire it by prescription.

ПРАВНИ ОСОБЕНОСТИ НА ОБЩИНСКАТА СОБСТВЕНОСТ

Author(s): Pavel Sarafov / Language(s): Bulgarian Issue: 1/2022

The article examines the real aspects of municipal property. It is indicated that the main reason for distinguishing municipal property as a separate type of property is the municipality as a legal entity and its peculiarities. It has been noted that the complex structure of the municipal body determines the need to designate different bodies to deal with municipal property - Municipal Council, mayor of a municipality, mayor of a district and mayor of a town hall. The issue of so-called "management" as a specific mechanism for redistributing rights and responsibilities in connection with the entrustment of municipally owned objects was examined. The specific methods for acquiring municipal property are specified, as part of its features.

КОГА ДВОРНОТО МЯСТО, В КОЕТО Е ПОСТРОЕНА СГРАДА В РЕЖИМ НА ЕТАЖНА СОБСТВЕНОСТ, ПРЕДСТАВЛЯВА ОБЩА ЧАСТ

Author(s): Teodora Trifonova / Language(s): Bulgarian Issue: 1/2022

This article discusses the specifics of the ownership of the land in which a building is constructed in Condominium ownership, when the land is considered to be a common part and when it is held in a co-ownership regime, how the ownership of the land affects the manner of its use, management and disposal.