Спогодбата между Република България и Република Гърция за използването на водите на река Места (1996 г.)

Author(s): Ralitsa Tyutyundzhieva / Language(s): Bulgarian Issue: 2/2022

The article deals with the conclusion of the Agreement between the Republic of Bulgaria and the Hellenic Republic on the use of the waters of the Mesta River (1996). Attention is paid to the parliamentary debates arising from President Zhelyu Zhelev’s veto of the Law on Ratification of the Agreement. An analysis is carried out of Greece’s policy on both the specific issue, which is also interrelated with the opening of new border checkpoints, and the role Bulgaria’s southern neighbour plays as a member of NATO and the EU. It has been noted that Greece saw the need to support the development of democratic mechanisms and institutions that would lay the foundations for Bulgaria’s future EU membership and real commitment.

HYGIENIC AND SANITARY CONDITIONS IN THE PRISONS OF THE PRINCIPALITY AND KINGDOM OF SERBIA: A HISTORICAL OVERVIEW

Author(s): Miroslav M. Popović / Language(s): English,Serbian Issue: 41/2022

The aim of the paper is to briefly present the hygienic and sanitary conditions of life of prisoners in the prison institutions of the Principality and Kingdom of Serbia, based on preserved testimonies of prisoners, as well as literature and sources related to the Belgrade County Court, the Požarevac Penitentiary, and some other prison facilities in different periods of the 19th century, paying attention to both male and female prisoners. In this way, in the form of an overview, the work is an attempt to present how Serbian state dealt with the question of sanitary conditions and modernization in Serbian prison institutions during the previously mentioned period, with an introductory section, which refers to the institution of prisons in Europe in the 19th century, for a wider context.

CONFISCATION OF PROPERTY OBTAINED FROM A CRIMINAL OFFENSE AS A MEASURE TO FIGHT AGAINST ORGANIZED CRIME

Author(s): Boro Merdović,Katarina Stojković Numanović,Joko Dragojlović / Language(s): English Issue: 1/2023

An analysis of most definitions of organized crime point to the fact that its main goal is the acquisition of financial profit. That is why one of the basic measures that most affects organized crime is confiscation of illegally acquired property. The purpose of that confiscation, through different historical epochs, was to punish the perpetrator of a criminal act, to compensate the injured party, or to prevent and deter others from committing criminal acts. The goal of this paper is to review scientific literature and analyze the content of various legal acts and documents, with the application of the comparative method, and to point out the specifics of the institute of confiscation of property acquired through criminal activities as one of the measures in the fight against organized crime. Property confiscation as a special measure in the fight against crime has encountered numerous criticisms and controversies in domestic and foreign literature, which will be the subject of a separate part of this paper. Seizures differ from country to country due to different legal qualifications, making it difficult to apply this institute in a uniform manner, on a global level. We point out the results that this measure gave at the international level and the success and criticism of its application in domestic legislation and practice.

PUBLIC PROCUREMENT IN SERBIA AS THE SPECIAL REGIME OF CONTRACT LAW

Author(s): Živorad Rašević,Danijela Despotović / Language(s): English Issue: 1/2023

The administrative and civil jurisprudence in Serbia and comparative legal systems do not concur on the nature of public procurement. While the literature on administrative law posits this emerging body of law into the public administrative law, many scholars of civil law in continental law systems subsume it under traditional law of obligations. This essay examines undefined systemic connections of the Public Procurement Act (PPA) with the law of obligations in the legal system of the Republic of Serbia. It suggests that the PPA norms, although do not explicitly refer to it, belong to a new special regime of contract law, which defining trait is the public personality of a procurement entity as one of the contracting parties. Therefore, it is proposed to consider rules of administrative decision-making on the contract awarding and its execution to be a new special regime of the contract law. Also, it is proposed to limit the superior position of the procurement entity in this relationship, for the sake of the preservation of basic civil law values.

Analiza strategiei de comunicare a Organizaţiei Tratatului Atlanticului de Nord pe reţeaua Twitter în perioada Februarie-Octombrie 2022

Author(s): Dimitroglo Vlada,Monela Elena Negrea / Language(s): Romanian Issue: 1/2022

This research paper seeks to analyze the communication strategy of the North Atlantic Treaty Organization (NATO) on the Twitter network from February to October 2022. The research will focus on analyzing the tweets, the topics of discussion, the engagement rate, the types of media used, and the user interaction on the network. Additionally, the study will also review existing literature on the communication strategies of NATO on social media networks. The results of the analysis will provide insight into the effectiveness of the communication strategy of NAsTO on the Twitter network and will help to inform future strategies. The findings of this research will be useful to gain a better understanding of how NATO uses Twitter to communicate with its members and the public.

In-betweenness and Migration Interdependence: Lessons from Georgia, Moldova, and Ukraine

Author(s): Revecca Pedi,Anastasia Blouchoutzi / Language(s): English Issue: 1/2023

In this paper, we draw on the concepts of in-betweenness and migration interdependence in order to investigate the vulnerability of Georgia, Moldova, and Ukraine due to their conflicting relations with Russia and the exposure of their economies to remittance flows from the latter. To achieve this goal, we explore whether and how migrant flows and remittance flows have diverged since 2014, when the three states signed their Association Agreements with the EU and their economic relations with Russia deteriorated. In this respect, we examine how interstate relations impact upon migration and remittances flows. After discussing in-betweenness and migration interdependence, we investigate the origin of the remittance inflows in Georgia, Moldova, and Ukraine and the destination of the migration outflows. We map the development of remittances from the World, Europe, and Russia and relate it with the development of their GDP using longitudinal data. A comparative analysis of our findings suggest that the three cases differ from each other, but, in all three cases, Russia has not used migration interdependence as leverage. We conclude that remittance flows in the three in-between states are more affected by the state of the global economy, the economic situation of Russia, and domestic circumstances rather than from interstate relations.

CRIMINAL GROUPS – CRIMINOLOGY AND SECURITY PERSPECTIVES (CASE STUDY: BOSNIA AND HERZEGOVINA)

Author(s): Mile Šikman,Velibor Lalić / Language(s): English Issue: 1/2023

This paper analyses court cases which qualified as organised crime in Bosnia and Herzegovina (B&H). The final judgments were analysed according to the following criteria: the number of defendants; the continuity of membership within the crime organisation; the existence of criminal structure; the existence of a developed plan of activities; the type and number of the offences committed; influence on public authorities, the judiciary, and citizens; and sentences imposed on the defendants. This paper seeks to identify the extent to which court judgments are based on these criteria. A secondary analysis of the data related to the organised crime cases heard in the Court of Bosnia and Herzegovina in the period between 2015 and 2018 was conducted. This analysis encompassed 21 organised crime cases in which 27 judgments were pronounced. In the observed period (2015-2018), we identified two organised criminal groups that meet the criteria analysed. The identified number of organised criminal groups is minimal in relation to the total number of organised crime cases processed. Our findings contradict the prevailing view in public discourse that organised crime is a widespread security threat in B&H. The findings of our research demonstrated the existence of legal gaps, reflected in the lack of clear criteria on the basis of which OCGs can be distinguish from other forms of criminal activity. Legal and institutional weaknesses create opportunities for OCGs to operate and create a sense of insecurity among citizens in the already complex security environment in B&H.

ТЕОРИЈЕ СИСТЕМА ВЛАСТИ У ЕНГЛЕСКОМ КОНСТИТУЦИОНАЛИЗМУ ОСАМНАЕСТОГ СТОЛЕЋА

Author(s): Lidija R. Basta / Language(s): Serbian Issue: 1-4/1983

Theories on the system of powers in the eighteenth century English constitutionalism are profoundly affected by a conservative political thought. They leave aside radically individualistic elements of the Lockean doctrine on the separation of powers. This is primarily the outcome of the post-revolutionary phase in England, the political system of which being the institutional and functional framework of a socio-economic balance, deeply rooted into the society of the time. After having thoroughly discussed on the conservative doctrine of the balancеd constitution (Blackstone, Burke) and Bentham’s teaching on the real system of powers as opposed to its constitutional pattern, the author arrives at the following concluding highlights of the eighteenth century constitutional thought on government. First. The element of control has proven substantial for functioning of any system of powers aimed at providing for limited government. This is why any theoretically consequent doctrine on the separation of powers has been made irrelevant The active balance in the relationship between the legislative and executive powers can be carried out by having their functional independence of each other brought to a certain degree only. Secondly. When arguing for such doctrine on they system of powers that shall per se provide for government under law, by having each of the powers checked and controlled by another, the English constitutionalists cannot help seeking socio-political foundations of a constitutionally laid down balance, this being both their theoretical and ideological argumentation. Thirdly. The eighteenth century English liberalism takes for granted that individual liberty shall be guaranteed when having political power legality institutionalized. This is how the system of powers has been made the institutional i.e. legal means of limitation and control of political power.

Държавна политика за качествено образование чрез установяването на основанието за уволнение на педагогически специалист при осъждане за престъпление

Author(s): Hristo Banov / Language(s): Bulgarian Issue: 3/2023

The purpose of the study is to analyze the issues related to the ways of implementing state policy in the field of education, aimed at ensuring and guaranteeing quality and efficient preschool and school education. Emphasis is placed on an extremely important prerequisite for providing education with the specified characteristics in schools and kindergartens, which is a serious goal for every state administration, namely the high personal (including moral) qualities of pedagogical specialists – the subjects who are directly involved in the process of providing the relevant education. More specifically, it concerns the grounds established in the legislation for the dismissal of a pedagogical specialist in cases of their conviction for a crime. A comparison, respectively differentiation, is drawn between this legal solution and the requirement, which is identical to it as a linguistic expression, for occupying the position of a pedagogical specialist. In addition to an in-depth analysis of the indicated grounds for dismissal, a comparison, respectively differentiation, between it and the requirement for occupying the position of a pedagogical specialist, which is identical as a linguistic expression, is made, as a result of which certain conclusions have been formulated for the first time in the doctrine.

Seminarium naukowe „Prawo międzynarodowe, unijne i bankowe wobec zbrojnej agresji Rosji na Ukrainę”, 9 marca 2022

Author(s): Łukasz Rupniak / Language(s): Polish Issue: 40 (4)/2022

Пулове в трамповото корабоплаване и правилата относно конкуренцията с оглед на чл. 101 от Договора за функционирането на Eвропейския съюз

Author(s): Svetlana Dimitrakieva,Christiana Atanasova,Ognyan Kostadinov / Language(s): Bulgarian Issue: 3s/2023

Tramp shipping operates in a highly competitive environment and is fundamentally considered a free trade economic model. Water transport ensures the supply of raw materials and the distribution of finished products in international trade. The main task for water transport is to ensure the reliability of supplies, at prices that are on the one hand profitable for carriers, and on the other hand, stimulate international trade. In this regard, carriers are taking various measures to improve supply. One of the measures that are in constant development is the organization of shipping. It is known that with good organization and cooperation in shipping, better results are achieved, which benefit everyone - carriers and consignors. Shipowners are in a constant process of renewing their fleet and organizing fleet management. The organizational forms are different, but some of them affect the application of the Treaty on the Functioning of the European Union. This publication examines checks in tramp shipping and their compliance given the Art. 101 of the Treaty on the Functioning of the European Union. The topic is under-researched and is of theoretical and practical interest.

The Research Activity of Rev. Prof. Remigiusz Sobański in the Field of Substantive Canon Law

Author(s): Wojciech Góralski / Language(s): English Issue: 8/2022

Remigiusz Sobański (1930–2010), a long-time professor at the Faculty of Canon Law of the Academy of Catholic Theology in Warsaw, and then at Cardinal Stefan Wyszyński University in Warsaw. Although his research focused mainly on the theory of canon law, he also published several dozen works in the field of canonical matrimonial law. These works cover four main research areas: marriage law (general rules), marriage consent, form of marriage, mixed marriages. Moreover, as a judicial vicar, he prepared and published several dozen sentences in the cases of nullitatis matrimonii.

Sobański’s Critique of the (Particular) Legislation

Author(s): Piotr Kroczek / Language(s): English Issue: 8/2022

Legislation is an art. Fr. Professor Remigiusz Sobański, who analyzed the particular legislation of the (Arch)diocese of Katowice in his scientific activity, was very well aware of this. These academic analyses allowed him to draw up numerous observations and comments, as well as postulates with regard to this law. This article focuses on the formal aspects of law addressed by the great canonist.

Ruscism – A threat to international legal order and the security of all humanity

Author(s): Nasty Marian Vlădoiu / Language(s): Romanian Issue: 01/2023

Ruscism, and more precisely, its valuable content element, spirituality, should not be used to address Russia's geopolitical problems or to satisfy Putin's and/or other politicalmilitary leaders' hegemonic ambitions. Furthermore, Russian propaganda acknowledges that there is no geopolitical, economic, or military solution to achieve a balance of power at the international level. The elevation of humanity's spirituality cannot be accomplished through armed means, terror, or immeasurable and irreversibly lost material destruction, which could endanger the very existence of the human species.

‘ascendere a sommi gradi … cumular infinite ricchezze’/ ‘ascending to great heights ... cumulating infinite riches’. Legal education and professional careers in the State of Milan (16th–18th century)

Author(s): Daniela Buccomino / Language(s): English Issue: 1/2023

The proposed contribution aims to fill some historiographical gaps on the legal formation of the 'power elite' of the State of Milan in the Modern Age in light of the changing cultural and institutional context. The main focus of the research, which is part of broader research on the history of the University, is the relationship between the training of Milanese graduates in law at the Alma Ticinensis Universitas and the careers they pursued within the magistracies and judicial institutions at the territorial level. This is also in consideration of the role played by jurists in Lombard society (16th-18th centuries). Through a series of concrete cases of ruling families, an attempt will be made to answer specific questions, such as the value of the doctoratus obtained at the Studium Publicum of the State of Milan and the role of the social class for the conferment of certain public offices and the performance of specific professions.

Natural Law and the Defense of Freedom of Trade and Navigation in Hugo Grotius’ Mare Liberum (1609) with Regard to the Seizure of the Portuguese Carrack Santa Catarina by the Dutch during the Reign of Philip III of Spain (1603)

Author(s): Carlos Sardinha / Language(s): English Issue: 1/2023

The conception of a Christianity submitted to Papal Power, also indirectly, on every matter concerning the spiritual well-being of the Faithful and implying a lordship of the whole world including the regulation of the relations among Christian princes and between Christians and infidels, caused the Pope to decide on the recognition of the rights of the Portuguese Crown over the discovered lands and seas. Further, according to several commentators like Baldus (1327-1400) every State could under Civil Law (iure civili) occupy part of the sea, exercising sovereignty over it “as to jurisdiction and protection” (quoad jurisdictionem et protectionem). The Portuguese Crown enjoyed a right of quasi possessio over the whole of the maritime area of the Estado da Índia (in English, State of India). The Portuguese Crown forbade to all and every person of whatsoever estate and condition, including foreigners, to sail to the lands and seas of Guinea and India and all other Portuguese lands, seas and places conquered by Portugal using ships other than the Portuguese under penalty of death and asset forfeiture. Therefore, we can say that from the establishing of the Estado da Índia flowed the imposition of the system of mare clausum upon the Indian Ocean economy. On the other hand, Hugo Grotius’ Mare Liberum (1609) consists in a coherent refutation of the arguments put forward by the Portuguese to justify their claim to mare clausum. He stresses that no one can own the sea, no one can forbid another to sail without being guilty of wrong. Because of this, the Portuguese did not hold property over the East, they had no right to exclude the Dutch from sailing to the East Indies and do business with the Indians because this right belongs to all peoples. The Chapter 11 of Grotius’ work De Indis (that is, De Jure Praedae) helps us to see the legal controversy over the seizure of the Santa Catarina from the viewpoint of a continuous and evident violation of natural law perpetrated by the Portuguese. This violation of natural law justified Admiral Van Heemskerck’s initiative of punishing the inhuman economic and trade practices of the Portuguese with the aim of restoring the much-needed freedom of trade and navigation in the region.

Informacja o książce Olivii Rybak-Karkosz Badanie autentyczności grafiki artystycznej – aspekty kryminalistyczne, ISBN 978-83-7285-917-4, Wydawnictwo TNOiK „Dom Organizatora”, Toruń 2020

Author(s): Alicja Jagielska-Burduk / Language(s): Polish Issue: 1/2022

Specific Legal Provisions Established During the State of Pandemic

Author(s): Dragos Lucian Radulescu / Language(s): English Issue: 2/2022

The legal provisions applicable to institutions or public authorities may be determined by the occurrence of exceptional circumstances, which require an adaptation of the legislator's requirement for a determined period, in order to limit its effects. The article analyzes the legality of the decisions of the control bodies, regarding the finding of a violation by a public authority in the ongoing activity of the provisions of Law no. 672/2002 and the provisions of GEO no. 131/07.08.2020, with reference to the establishment of the state of alert during the Covid-19 Pandemic.

Reguły kwalifikacji archiwalnej akt spraw karnych w rozporządzeniu o przechowywaniu i niszczeniu akt sądowych z 1937 r. O genezie i skutkach międzywojennych reguł oceny wartości archiwalnej akt sądów powszechnych

Author(s): Tomasz Kucharski / Language(s): Polish Issue: 1/2023

An article is devoted to what is a crucial problem for every historian of the 19th and 20th centuries – historical rules of archival appraisal, that is, the determination as to which records that were created for practical reasons and current activities of state institutions in the past, should be protected permanently because of their historical value. The author focuses on criminal court records in light of the Polish interwar rules enacted by the Justice Minister in 1937. The mentioned regulation was the first on an analyzed matter in Polish legal tradition. It set the essential criteria and mechanisms for court records archival appraisal, also adopted in later rules on this topic from 1975, 1989, and 2004 (the latest remains in force to the present). Beyond this the author tries to explain why, in 1937, the Polish Ministry established rules that intended to permanently protect only a few groups of criminal court records as being historically valuable. He mainly analyzes the primary regulation draft from January of 1937, which intended to cover more groups of criminal court records for permanent archival protection. The paper tries to establish the reasons as to why those propositions were rejected. In the end, the author purposes to set in motion a discussion of the consequences that resulted from rules adopted in 1937 for current legal-historical or historical-criminological research.

Najnowsze kierunki zmian regulacyjnych w zakresie walut wirtualnych z perspektywy przeciwdziałania praniu pieniędzy i finansowaniu terroryzmu, z uwzględnieniem wpływu pandemii COVID-19 na wzrost obrotu bezgotówkowego

Author(s): Dariusz Gradzi / Language(s): Polish Issue: 25/2021

In recent years, nothing has contributed so much to the development and digital expansion of technology, including the field of cashless transactions, as the situation caused by the global COVID-19 pandemic. Increased traffic of electronic payments and virtual currencies may generate more interest in these areas from criminal groups. The number of fraudulent card transactions in the first half of 2020 increased by 11.4% compared to the second half of 2019. Among the new regulatory trends in AML/CTF in the field of virtual currencies, the Digital Finance Package should be distinguished. It consists of the Proposal for a Regulation of the European Parliament on markets in crypto-assets and amendments to the AML/CTF Act. The specificity and formalism of these rules, but also the related operating costs, may lead to a significant collapse in the virtual currencies market and the escape of investors and money to Asian markets. The current regulations are a manifestation of a total legal solution, which will not favour technological development.