A Brief History of the Nekrasovite Cossacks and an Analysis of the Cossack Heritage in Romania

Author(s): Cristian ȘCHIOPU / Language(s): English Issue: 39/2022

The purpose of this paper is to make a contribution to the clarification of certain aspects regarding the origins of the Lipovans, the Russian-speaking minority group found on the territory of Romania, which have been long rumoured to be of Cossack origin. Despite having emigrated and cut off contact with their native lands, they have managed to maintain a distinct identity, culture and language over the centuries of separation from their ancestral lands, whilst also managing to integrate well into the new cultural context initially encountered in Ottoman-ruled Dobruja, and in Romania, later. The paper comprises a presentation of the historical contexts that have led to the migration of Russian speakers westwards, reaching the territory of modern-day Romania and the influence they have exerted on said territories. It includes specific cultural and linguistic exemplifications supporting the Cossack origin thesis of the Lipovan population of Dobruja.

The Heroine with 1001 Faces by Maria Tatar, Liveright Publishing Corporation, USA, 2021, 368 p.

Author(s): Raluca-Marina NICOLAE / Language(s): English Issue: 39/2022

This book explores the notion of heroism from the feminist point of view by tackling notions such as curiosity and knowledge, deeds (masculine approach) vs stories (feminine approach), creativity (at the beginning limited to the domestic area) and inquisitiveness. It also reveals uncomfortable truths about how abuse, abduction, mutilation and torture forced women into silence. Moreover, the author points out that words have the power to resist injustice and that feminine heroism means the courage to break the silence and start telling ‘your’ story through different channels (weavings, books, social media etc).

ИСКЪТ ПО ЧЛ. 76 ОТ ЗАКОНА ЗА СОБСТВЕНОСТТА

Author(s): Kalin Dobrev / Language(s): Bulgarian Issue: 1/2022

The article reveals the nature and the application of one of the main claims for defense of possession - the claim under Art. 76 of the Property Act (PA). The claim originates from the canon law, where it was known as actio spolii. The claim under Art. 76 of the PA protects the deprivation of possession, carried out in two qualified forms – by violence or in a hidden way. The current article draws attention not only to the main theoretical views, related to the nature and application of the claim, but also to the contemporary views and the application of the claim in the case law. The article also shows the author's personal opinions on issues differently interpreted in the theory and the case law. In the light of the abovementioned, the article may be useful to both theorist and practicing lawyers.

Akty prawa międzynarodowego dotyczące odpowiedzialności karnej w prawie ochrony środowiska w kontekście środków penalnych przewidzianych w prawie polskim

Author(s): Rafał Fic / Language(s): Polish Issue: 2/2022

The subject of the article is, first of all, the presentation of legal acts adopted by the international community as part of the fight against environmental degradation, with particular attention to Directive 2008/99/EC of the EP and of the Council on the protection of the environment through criminal law. The most important regulations of these legal acts were analyzed, with an indication of the penal measures proposed by the international legislator aimed at protecting the legal good, which is the natural environment. The evolution of legislation in this area will also be presented. In the following part, the catalogue of criminal law tools resulting from the above-mentioned acts has been compared with penal measures used in Polish criminal law in response to crimes against the environment, with an indication of the prospects for the development of legislation in the discussed area.

Czy europejska inicjatywa obywatelska może służyć zmniejszeniu deficytu demokratycznego w Unii Europejskiej? Uwagi na podstawie wniosku Minority SafePack

Author(s): Joanna Kielin-Maziarz / Language(s): Polish Issue: 4/2022

The article attempts to answer the question about the role that the European Citizens’ Initiative (ECI) plays in reducing the democratic deficit of the Union. The effectiveness of this institution has been analysed using the example of the Minority SafePack – a proposal to adopt amendments that would serve to ensure greater protection of the rights of national and linguistic minorities and to strengthen cultural and linguistic diversity in the EU. The text analyses the reasons why the Commission took a negative stance. On the one hand, the subject matter of the proposal itself is one of them. The European Union, in its justification, states that it has no competence in relation to many of the proposals contained the initiative. In addition, there is also a general reluctance of the EU to deal with minority problems, mainly due to the fact that they involve issues that are sensitive to the Member States, such as national identity and linguistic diversity. On the other hand, the rejection of the proposal is an expression of a general tendency. The Commission is very sceptical about applications submitted under the ECI, refusing to register them to a prohibitive extent. This state of affairs certainly does not allow the ECI to be described as an effective tool that contributes to the reduction of the democratic deficit in the EU.

David M. Farrell, Jane Suiter, Reimagining Democracy: Lessons in Deliberative Democracy from the Irish Front Line. Ithaca and London: Cornell University Press, 2019

Author(s): Joanna Podgórska-Rykała / Language(s): English Issue: 4/2022

The effects of the decision of the Constitutional Court no 358/2022 on court decisions. Application of judicial error

Author(s): Delia Mihaela Marinescu / Language(s): English Issue: 1/2022

The prescription of criminal liability presupposes the extinction of the criminal legal relationship appeared as a result of committing a crime due to the fact that it was not committed within a certain term established by law, which affects and empties the idea of criminal repression and prevention. The main objective of this research is related to the exposure of the effects of the Decision of the Constitutional Court no. 358/2022 with reference to Decision no. 297/2018 by which the phrase “by fulfilling any procedural act in question” from the content of art. 155, paragraph 1 of the Criminal Code, especially from the perspective of multiple issues that may be defended in practice, which also determines the possibility of the existence of a judicial error. The article analyses the content of the two decisions of the Constitutional Court, but also their implications identified in the practice of the courts, taking into account the importance of respecting the principle of legality, but also the observance of the rights of the parties in a criminal trial.

Recenze závěrečných prací II/2022

Author(s): František Kasl,Andrej Krištofík,Pavel Loutocký,Tereza Novotná,Martin Švec,Roman Vaněk,Jakub Vostoupal,Ondřej Woznica / Language(s): Slovak,Czech Issue: 26/2022

Selection of reviews on high quality student theses on various topics concerning law and technology.

Covid-19 and the importance of cyber court in criminal proceedings

Author(s): Aleksandra Jovanović / Language(s): English Issue: 1/2021

In order to improve the efficiency, accountability and transparency of the judiciary and to create a modern and comprehensible judicial system in modern conditions, especially during the state of emergency caused by the Covid-19 pandemic, it is necessary to upgrade the existing ones or build modern information systems for the judicial system. The application of these systems in cyber courtrooms, in criminal proceedings and in the judicial system as a whole would allow: optimization of human resources; rationalization of financial resources; automation; reducing, as far as possible, the impact of the human factor on the effectiveness of the judiciary; reduction of paper documentation and introduction of electronic data and their electronic exchange between the judicial authorities and other state institutions; and protecting the health and safety of people during an emergency. Such changes require a normative determination of "different conditions for conducting" the criminal proceedings and their introduction into the positive legal framework.

Финансовото разузнаване като гарант за влизане в еврозоната

Author(s): Boyko Mitkov Petev / Language(s): Bulgarian Issue: 1/2020

Successful reforms depend on the stability of our financial system, as a result of accelerated economic development and increasing the efficiency of the activity of financial bodies and institutions, guaranteeing the shortest possible stay in the ERM II exchange rate mechanism and our adoption in 2023 in the club of the rich – the countries of the Eurozone.

Правила за третиране на произхода на стоки в Европейския съюз

Author(s): Atanas Lyondev / Language(s): Bulgarian Issue: 1/2020

The origin of goods is predetermining whether their access to a particular market will be facilitated or hindered. The EU's trade defense instruments are becoming more effective, transparent and better adapted to meet the challenges of the global economy. The variety of preferential arrangements, with regard to the EU, with the rest of the world can be defined as a consequence of the development of both European and world economies. This also determines the importance of knowing and properly implementing these arrangements, which ensure the implementation of the EU's common commercial policy.

Разплащане с криптовалути и блокчейн технологии като нови начини за избягване на данъци

Author(s): Atanas Lyondev / Language(s): Bulgarian Issue: 1/2019

The bitcoin is an innovative currency that is not regulated by governments like any other cryptocurrency. Cryptocurrencies can make payments very quickly and at almost no cost. One of the advantages of bitcoin is the fact that the virtual currency avoids the main problem inherent in conventional currencies, namely inflation. One of the big advantages is anonymity. Nobody knows how much bitcoin a person owns. It is also not known what transactions make and a new way to avoid paying taxes.

In vitro fertilization from an anonymous donor – dilemmas from the aspect of bioethics and the child’s right to know his/her biological origins

Author(s): Ana Čović,Bogdana Stjepanović / Language(s): English,Serbian Issue: 4/2022

In recent decades, we have witnessed significant changes in the field of family law and a changed social reality, which brought with it changes in legal regulations in international law and comparative legislation of various countries. When discussing the issues that concern human life, death, health, and in this relation the abuse of certain medical devices and treatments, it appears that the issues that give rise to the strongest controversy are the issues of euthanasia and abortion, the issue of organ donation, as well as the issues of surrogacy and in vitro fertilisation, especially in situations when the donor is anonymous. In this situation, the question of the child’s right to know his/her biological origins may reasonably be raised, since this is one of his/her fundamental, guaranteed rights, the exercise of which does not depend, and can never depend, on the willingness of the state, i.e., its authorities, and individuals who participate in the birth of a child with the use of reproductive technologies. The question is raised as to whether the right to plan a family and the right to decide freely on having a child in these situations are in complete contrast with the right of the child to have access to the truth about his/her biological origins and biological parents, regardless of primary motivation for making decision on the participation in this process, this process also acquiring over time some elements of genetic engineering, and the result of which is a living being with conscience, emotional, social, and psychological needs, but also all the rights that derive from natural law, given by God, which exists independently of the legislator, that can govern any matter in a way that at a certain time (does not) correspond to a wider social consensus. The authors will present in this paper an overview of certain comparative legal solutions in this area, as well as court rulings that call into question the legality and ethics of the procedures implemented so far, as well as their consequences that we are still to face in the years to come, with the aim of establishing whether the right to decide freely on having a child in these cases and the child’s right to know his/her biological origins are in complete contrast or whether these two rights may be reconciled after all.

Юридически и неюридически аспекти на отговорността на управляващия

Author(s): Mladen Mladenov / Language(s): Bulgarian Issue: 1/2022

The responsibility of the manager is a diverse, dynamic and challenging complex of multiple dimensions, the most visible of which are: the manager's responsibility as a duty; as a sanction; as a prevention; as a commitment; as a delegation and as a self-sacrifice. All the above dimensions of the responsibility of the ruler give directions to both legal and non-legal aspects of this phenomenon. In the legal aspects of this responsibility, clear examples can be given (because the legal principles of consistency, predictability, accessibility, publicity, transparency and accountability imply this), while in the non-legal some of them never become known to the general public, because due to one or another reason they do not gain publicity.

Demokratyczne rządy prawa versus klanowo-plemienne prawo zwyczajowe – bałkańskie odniesienia na przykładzie Albanii i Kosowa (wprowadzenie do dalszych analiz)

Author(s): Magdalena Ickiewicz-Sawicka / Language(s): Polish Issue: 31/2022

Statutory law based on the philosophy and doctrine of Roman law is the basic principle of organization, management and functioning of modern state bodies, assuming the form of a democratic state ruled by law. At the same time, the alternative (already existing in antiquity) organization of social life was primeval communities, the identity of which was shaped and sustained by clantribal rules of a hierarchically shaped community. The text consists of four parts. The first one presents the concept of the democratic rule of law (basic assumptions). The second part contains considerations on tribalism and neotribalism, i.e. a return to the idea of clan-tribal communities. The third part, in turn, was devoted to discussing the Albanian tribes being an example of clan-tribal culture in southern Europe, along with empirical research. The last part presents information on Kanunu, Besa, Gjakmarrji – the basic concepts of Albanian customary law. The text includes an introduction and ending as well as relevant literature on the subject.

L’évolution des départements en Roumanie (1894-1947)

Author(s): Stéphane Guérard,Antoniu Tudor / Language(s): French Issue: 02/2019

During the monarchical period the department was organized on the principle of the dualism of the organs. Thus, the administration of the department was entrusted to the departmental council as a deliberative organ, to the permanent delegation of the departmental council, to the president of this delegation and to the prefect as executive organs.

Gdzie są dzieci? Analiza ustaw o szkolnictwie z lat 1918—2018

Author(s): Weronika Kosmalska / Language(s): Polish Issue: 4/2022

The article draws on the concept of Law & Literature. The aim of the research is to indicate how the formation of the image of childhood changes in three laws on education from 1918—2018: The Act of 11 March 1932 on the education system, the Act of 15 July 1961 on the development of the education and upbringing system and the Act of September 1991 on the education system. The author analyzes to what extent the child in the above-mentioned legal acts is treated in an objective manner, and to what extent in a subjective manner. Using axiolinguistics, she tries to prove that the image of childhood inscribed in each of the texts is connected with the ideological aims of the authorities and their conception of the state. This thesis is related to the various regimes that prevailed in the Polish lands in the indicated century.

Sesiunea științifică „30 de ani de la reluarea învățământului superior juridic la Oradea, 6-7 octombrie 2022”

Author(s): Verginia Vedinas / Language(s): Romanian Issue: 04/2022

În zilele de 6-7 octombrie 2022, am avut bucuria să ne aflăm în Oradea și să sărbătorim, alături de reprezentanți ai lumii academice de la zece facultăți din România și opt facultăți din străinătate, un eveniment deosebit: 30 de ani de la reluarea învățământului superior juridic în Oradea. Facultatea de Drept din Oradea, condusă în prezent de un dascăl deosebit, domnul conf. univ. dr. Cristian Miheș, are deja trei decenii de viață și, mai ales, trei decenii de împliniri de suișuri care nu au fost întotdeauna ușoare, dar care au fost depășite prin dârzenia unui corp profesoral atașat unor valori academice autentice. În ziua de 7 octombrie s-a derulat sesiunea de comunicare științifică grupată pe mai multe secțiuni: dreptul privat, dreptul public, dreptul familiei, dreptul muncii și dreptul penal, inclusiv o secțiune consacrată doctoranzilor și masteranzilor.

RESTRICTIONS OF THE RIGHT TO FREEDOM OF EXPRESSION TO ENSURE NATIONAL SECURITY

Author(s): Mădălina PREDA (Davidoiu) / Language(s): English Issue: XVI/2022

The freedom to exercise fundamental rights for all persons is a guarantee provided by international and national legal instruments. The freedom of expression, in both forms, the right to assert opinions but also the right to be informed, may bear certain restrictions to ensure national security. The achievement of the country s security objectives, by removing external and internal risks, is the basis of the democracy and by which the rights and freedoms of citizens are guaranteed and the sovereignty, unity and indivisibility of the state are ensured, as well as the defense of the territorial integrity and inalienability of the country.

THE CITIZENS’ LIFELONG LEARNING IN PLATO’S LAWS

Author(s): Aikaterini Lefka / Language(s): English Issue: 1/2023

In the Laws, Plato presents an educational program for all members of the projected city of Magnesia, which concerns not only various kinds of specific knowledge, but also, and more importantly, the application of ethical and political virtues, in view of becoming excellent citizens and achieving a “good life” in the long run, at the private and public level. These objectives are realized in many ways, as for example, by the people’s participating in the legislation and the city’s administration, by receiving a common fundamental education, including lessons of reading, writing, mathematics and astronomy; practicing sports; playing music; singing; dancing and also by taking an active role in religious festivals. The population is then divided in three groups, according to age, and they form “choirs” dedicated to different divinities (the children to the Muses, the young people to Apollo, the elderly to Dionysus). Thus, we may deduce that Plato was one of the ancient Greek philosophers who supported the concept of “lifelong learning,” expanded through various kinds of knowledge, skills and qualities. In my paper I examine the objectives, different contents of Plato’s pedagogical project destined to all the Magnetes, the various methods he proposed to use in order to arrive at its attainment, as well as the eventual reasons for these choices, related to his philosophical theories. I conclude by making a comparison with the notion of “lifelong learning” as we understand it today.