Градският закон и градското благоустройство в южнославянски контекст

Author(s): Mariyana Tsibranska-Kostova / Language(s): Bulgarian Issue: 57-58/2018

The Byzantine Procheiros nomos, an official monument of secular law from 870‒879, has an unclear and convoluted history in the Slavic context. There is no extant complete translation of this text from the time of Tsar Simeon (893‒927); in the Nomocanon of 14 titles, translated in Preslav, there are only some excerpts from three of its titles. The first material witness to a complete Slavonic translation of the Procheiros is the Serbian Kormchaia of 1262 from Ilovitsa, which introduces also the Slavonic title of this legal corpus (“Закон градски,” or Urban Law), under which it later circulates in the Slavic milieu. Significantly, this title is not a calque of Πρόχειρος νόμος, but highlights the official character of the codex with its particular emphasis on the typical medieval urbanocentric notion of power.This article presents for discussion several terms referring to medieval architecture and urban development which are derived from the 38th title of the Procheiros. The author attempts to demonstrate how treating the medieval town as a complex symbol stimulated the terminological use of specific Slavonic words. At the same time, the urban perspective of the present study allows her lexical analysis to utilize the universality of Byzantine heritage in place of the traditional focus on ethnicity, linguistic domination, and opposition. The ultimate goal of this study is to reveal how this important monument of Byzantine secular power was adopted among the Slavs, enriching in the process the terminology of civic law. The article uses the following sources for comparison: MS HM. SMS 466 from the Hilandar Monastery on Mt. Athos; the Russian miscellany for judges Just Measure, and the official printed version of the Kormchaia (1650‒1653) from the time of Patriarchs Joasaph and Nikon. The complete Slavonic text of the title, according to the Ilovitskaia Kormchaia from 1262 is made available here for the first time in a typeset edition, for the benefit of future studies and/or contemporary translations into modern Bulgarian.

КОМПЛЕТНО ИЗДАЊЕ КЊИГА V. БРОЈ 5. 1922

Author(s): Evgenij S. Varga,Milan Ćurčin,Matija Murko / Language(s): Croatian,Serbian Issue: 05/1922

Извън границите на средновековното общество

Author(s): Desislava Naydenova / Language(s): Bulgarian,Old Slavonic,Old Bulgarian Issue: 63-64/2021

Recently, the question of shaping identity and the perception of “the other” (by this term are commonly embraced not only foreigners, but also individuals, social groups and minorities, characterised by a certain degree of abnormality, marginality and exclusion) has become an increasingly popular topic for the researchers of the Middle Ages. This paper seeks to present translations of some Slavonic texts included in the so-called Nomokanon of Pseudo-Zonaras, a canon-law compilation from the beginning of the fourteenth century, that change, through the imposition of penances, the social status of groups and individuals, placing them in a marginal, intermediate, isolated position. The study shows that heretics and members of other religions such as Latins, Armenians, Jews, Muslims most clearly stand out as a group that could be defined as “the others”. Unambiguous and strictly regulated red lines were drawn between them and the Orthodox Christians that should not be violated, since those, who crossed them, were othered, marginalised, seen as outsiders to society. These were conditioned by rules that can be divided thematically into three groups: 1) applying to those who accept another’s faith, 2) relating to food prohibitions, and 3) governing mixed-faith marriages.

Challenges of Digital Economy

Author(s): Mária Sabayová,Karolína Červená / Language(s): English Issue: 3/2023

In the paper, the authors focus on selected aspects (concept and interference) of the currently dynamically developing economic model called digital economy, with the aim of defining the content of the digital economy using the comparison, analysis, deduction and induction of existing definitions and characteristics of the concept of digital economy and the available data and information on the current state of the digital economy in the EU, as well as outlining the regulatory problems associated with it, with a vision of their possible solution.

Nierówne traktowanie z powodu religii lub przekonań

Author(s): Andrzej Marian Świątkowski / Language(s): Polish Issue: 1/2023

The article presents the legal opinions of two Advocates General (AG) of the Court of Justice of the European Union (CJEU) and two judgments of this court (CJEU) issued in cases C-157/15 and C-188/2015 in matters relating to religion. The main research method used in the article is the dogmatic method. The author analyzes the positions of two lawyers employed as AG CJEU in matters concerning the imposition of bans by entrepreneurs on persons employed, displaying religious symbols in places and time of work. The article is divided into five parts. In the first part, the author looks at legal concepts such as discrimination and religious freedom. In the second part, the reader is introduced to the essence of the dispute between entrepreneurs and employed believers of religion. The third part deals with the cases regulated by the provisions of Directive 2000/78/EC concerning lawful exceptions to the prohibition of discrimination. The fourth part is devoted to the policy of religious neutrality recognized by the European Union as a remedy between employers and employees. In the last, fifth part, the operative parts of the judgments of the Court of Justice are listed. CJEU rulings prohibit employees from wearing and displaying overly visible religious symbols. Failure to comply with this prohibition cannot be considered as direct discrimination on the basis of religion. The interest of the entrepreneur is not a sufficient justification for the parties to the re-employment relationship to reach an agreement, because the wearing of religious symbols by employees in the workplace cannot be considered as a “significant professional requirement.”

Odpowiedzialność menedżerów w systemie zarządzania jakością

Author(s): Katarzyna Szczepańska,Andrzej Patulski / Language(s): Polish Issue: 1/2023

A certified quality management system is one of the sources of the company’s operational competitive advantage and a factor in the formation of the company’s operational value. In addition, it reduces operational risks associated with, among other things, producer liability and its consequences (marketing, financial). For meeting the requirements of the ISO standard for a quality management system, top management: bears the responsibility associated with specific roles (functional responsibility) and takes responsibility for decisions. In addition, it should act responsibly in the internal and external environment of the organization. In legal terms, responsibility is related to the accountability sanctions in the quality management system, which are derived from its requirements for top management. Accordingly, failure to meet the requirements of the quality management system can be considered an act to the detriment of the owners of the enterprise, for which managers are liable under the terms of the Labor Code.

Zasady prowadzenia dialogu społecznego na gruncie postanowień (zrewidowanej) Europejskiej Karty Społecznej

Author(s): Marcin Wujczyk / Language(s): Polish Issue: 4/2023

The European Social Charter (both in initial as well as revised version), as one of the most important legal acts regulating the standards of labour law, contains a number of provisions that regulate the principles of social dialogue. The Charter imposes an obligation to encourage joint consultation between workers and employers; supporting the mechanisms of voluntary negotiations between employers or employers’ organizations and employees’ organizations in order to regulate employment conditions through collective labour agreements; supporting conciliation mechanisms and voluntary arbitration for settling collective disputes. The provisions of the Charter also regulate the right of employees to be informed and participate in consultations regarding the employer’s situation.

Służba zdalna

Author(s): Wioletta Witoszko / Language(s): Polish Issue: 4/2023

The subject of the study is the institution of remote service by uniformed services officers. The legislator has significantly restricted the use of remote service, which may only be performer in strictly defined cases, such as states of emergency, state of epidemic threat or epidemic, or due to special needs of the service.

Praca zarobkowa a opieka nad dzieckiem z niepełnosprawnością. Postulat zmian w zakresie regulacji normatywnej świadczenia pielęgnacyjnego

Author(s): Katarzyna Małysa-Sulińska / Language(s): Polish Issue: 4/2023

The article presents an analysis of the normative solutions regarding support for a care of a person with a disability. It takes into account the changes introduced by the provisions of the Act on Supporting Benefits, which create a new system of care benefits from 1 January 2024 encompassing financial support exclusively for carers of people under the age of 18 with disabilities. The legislator simultaneously decided to leave the possibility of setting the care benefits after 1 January 2024 on the basis of the provisions in force up to 31 December 2023. However, the accepted duality of the solutions on this is difficult to justify because of the different treatment of carers of people with disabilities, because their right to a care benefit is determined by the moment that the application is filed. Similarly, the moment that the application is filed for a nursing benefit and consequently the procedure in which the case is handled determines whether it is possible for the carer of a person with a disability to take up gainful employment.

Racjonalne usprawnienia jako środek wspierania aktywności zawodowej osób z niepełnosprawnościami w świetle orzecznictwa sądowego

Author(s): Magdalena Paluszkiewicz / Language(s): Polish Issue: 4/2023

The aim of the study is to present selected case law in the field of legal regulation of reasonable accommodation in terms of the importance of this legal measure for supporting the professional activity of persons with disabilities. The analysis of the judicature to date allows to identify several issues, the clarification of which made in the rulings of the Court of Justice of the European Union and the Polish Supreme Court, may facilitate the application of the legislation in practice, thereby supporting the taking-up and maintain employment of persons with disabilities.

Partycypacja obywatelska jako wartość konstytucyjna w demokratycznym państwie prawnym

Author(s): Wojciech Firek / Language(s): Polish Issue: 2/2023

The article presents the idea of civic participation as a value, which, due to its positive aspects, is widely desired by society in a democratic state governed by the rule of law. Participation as a value collectively forms an axiological system. In a constitutional state, the axiological system is normatively expressed in the content of the constitution, within which it takes the form of constitutional norms and principles. Civic participation has been adopted into the Constitution of the Republic of Poland in an indirect manner. A holistic interpretation of the Constitution’s provisions allows it to be interpreted from the overarching systemic principles: the principle of the common good (Article 1) the principle of the democratic state of law (Article 2), the principle of the sovereignty of the Nation (Article 4) and the principle of social dialogue (Article 20). Consequently, civic participation as a constitutional value determines how laws are made. The State has an obligation to introduce and strengthen institutions of civic participation. Civic participation based on civil, political and social rights as well as institutions of social solidarity is an element of a democratic state of law and can be a solution to the problems of contemporary democracy.

MATER FAMILIAS

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2023

The study is dedicated to one of the main figures in the Roman family and society – mater familias, whose status is still debated today. Some terminological clarifications and various aspects of the concept of mater familias as a wife and as a member of the Roman family are presented.

EVOLUȚIA POLITICILOR EDUCAȚIONALE ÎN ROMÂNIA COMUNISTĂ ȘI CONSECINȚELE LOR DIN PERSPECTIVA LIBERTĂȚII ȘI A DREPTURILOR OMULUI

Author(s): Veronica Turcuș / Language(s): Romanian Issue: 3/2023

The establishment and consolidation of the „people’s democracy” regime determined, after 1948, the radical change of the educational paradigm in a Romania that gravitated to Moscow’s sphere of influence. The imposition at the level of education of the Soviet pattern, foreign to the traditions of Romanian education (previously structured, for decades, according to broadly European models), induced deep damage to educational customs, deep interference in university autonomy or violation of freedom of conscience and human rights (in the conditions of the limitation, and in some cases of the suppression of religious education, the purges of the teaching staff and the numerous convictions, to which were submitted both teachers and students who had no other fault than that they were opposed to forced ideologization or that they came from families with „unhealthy” origins). To these was added the obvious introduction of multiple discriminations (short-circuiting the natural path of secondary education for proletarian elements, with „healthy” origin; the establishment of a system of schools and special courses with a shorter duration than that provided for in the education law entered into force in 1948, in order to obtain a coherent base of elements relatively prepared but favorable to the new regime; the changes of the posts in the educational system at the pleasure of the regime, the mass layoffs in order to discretionary re-employ only the elements selected by the new regime, while the others were reserved a unadapted workplace and inferior to the training received; the favoring, in the higher education admission competitions, of the scholarship holders of the popular councils and of the enterprises, who benefited from 80% of the available places, for the rest of the candidates, only 20% of the places planned for admission being allocated), so that not only the right to freedom of thought, conscience and religion or the right to freedom of opinion and expression were repeatedly violated, but also the right to equal protection against any discrimination, the right to free choice of work or the right not to be detained or arbitrarily arrested. The present study follows the evolution of educational policies in direct connection with the main norms that regulated the development of education in communism (the laws of 1948, 1968 and 1978), scoring for each moment the level of political interference and the degree of violation of democratic principles.

Разкриваемост на престъпленията срещу личността и собствеността в социалистическа България (1944–1989)

Author(s): Stefan Ivanov / Language(s): English,Bulgarian Issue: 2/2023

This publication is part of a larger study of crimes against the person and property in socialist Bulgaria (1944–1989). It examines their general detectability as a whole, as well as separately the four most significant among them – thefts of public and private property, robbery, rapes and intentional homicides. The reflection of a number of social, economic and political factors that accompany the process is also taken into account.

„Револвираща“ собственост: притежанието между ЯН- и ИН-собствеността

Author(s): Stoyan Stavru / Language(s): Bulgarian Issue: 1/2024

The article examines the concept of "revolving ownership" as a metamodel of property, whose structure allows for the interchange (rotation) of diverse components included in it, each capable of achieving different objectives through varied means. It is noted that the metamodel of revolving ownership can be utilized in the creation and structuring of property models over specific entities, necessitating consideration of specific social and environmental factors. In this context, a distinction is made between yang-ownership ("classic" private ownership used as an instrument for growth through extraction and accumulation, analogous to so-called "extractive" ownership) and yin-ownership (engaged possession involving a healthful balance between rights and obligations, i.e., flexible distribution of various components aimed at achieving sustainable equilibrium, analogous to the so-called "generative" ownership). The thesis is presented that the sooner the "proprietary" nature of yang -ownership is overcome, yielding to its dominance through the integration of balancing yin-components, the more easily and effectively legal professionals can propose novel and diverse ownership models. The recognition and acknowledgment of the complexity of nature imply greater intricacy in contemporary property law. It is time for property law to reconsider its unquestionable axioms and seek an appropriate solution to the challenges humanity faces today.

Educational dimension of judicial self-governance in the exercise of the judicial independence principle: The case of Serbia in the European integration process

Author(s): Ana S. Knežević Bojović,Vesna B. Ćorić / Language(s): English,Serbian Issue: 1/2024

The rule of law is the cornerstone of democracy and the European Union accession process. Independent judiciary is an important facet of the rule of law, while judicial competence and judicial self-governance are among its elements. One of the dimensions of judicial self-governance is its educational function. By using dogmatic, exegetic and empirical legal methods, the paper examines the extent to which the demands formulated in interim benchmarks for Chapter 23 are aligned with the well-balanced approach to the principle of judicial self-governance and, further, the manner in which such self-governance is implemented in practice within the framework of the process for the adoption of the multiannual work program of the Serbian Judicial Academy. The authors conclude that the plan preparation process represents an adequate platform for duly observing the said concept, while the program itself can contribute to improving the competence of judges and, consequently, strengthening their independence.

Families on the Border and “Families Without Borders”: Discourses on “Families” in the Context of the Crisis on the Polish-Belarusian Border

Author(s): Ada Tymińska / Language(s): English Issue: 3/2023

Families, including those with children, constitute a significant group of people crossing the Polish-Belarusian border. The aim of this article is to analyse the discourse on the Polish-Belarusian border in the context of the place that the category of “family” finds in it, and what role and responsibility is assigned to children and parents. The theoretical framework for these reflections is primarily critical childhood studies. For this purpose, the author analyzed Polish-language online statements about the humanitarian crisis on the Polish-Belarusian border published between mid-August 2021 and the 1st of January 2023. The research included statements by institutional actors (e.g. Border Guard), media publications as well as public comments by social media users (Twitter). In the case of the humanitarian crisis on the Polish-Belarusian border, the term “family” is used in a variety of ways – from building a sense of symbolic solidarity (the “Families Without Borders” group), through referring this term to the presence of particularly vulnerable people among migrants, to attributing responsibility for the risks regarding the situation of children at the border to either parents or state institutions, depending on the discourse. Reflections on the Polish-Belarusian border seem to be part of the tensions related to the concepts of “family”, “parenthood” and “children”.

Социални иновации за превенция на престъпно поведение при деца, настанени в резидентни грижи и тяхното значение за националната сигурност

Author(s): Desislava Mitkova / Language(s): Bulgarian Issue: 1/2024

By the end of 2022, 654 social services aimed at children and families will be provided within the territory of the Republic of Bulgaria. Of these, 303 are aimed at providing residential care for children. According to data from the Social Assistance Agency during this period, the number of residential users was 2,992. Involvement in criminal activities among some of the children in residential care can be seen not only as a personal life challenge but also as a problem that affects the whole society. Children, regardless of whether they are raised and educated in a family or alternative environment, are the future of the nation. In this context, and given the serious number of child users of residential social services in our country, it is necessary to consider the possibilities for social innovations and good practices for the prevention of criminal and antisocial behavior among this vulnerable group.

Sprawozdanie z międzynarodowego seminarium naukowego pt. „EU standards on effective judicial protection and judicial independence”, Kraków, 4 grudnia 2023 r.

Author(s): Natalia Hanusek,Zuzanna Topyłło / Language(s): Polish Issue: 4/2023

Recenze závěrečných prací I/2024

Author(s): Irena Holcová,Jan Hospes,Radim Charvát,Adam Jareš,Andrej Krištofík,Jakub Míšek,Veronika Příbaň Žolnerčíková,Michal Tuláček,Roman Vybíral / Language(s): Slovak,Czech Issue: 29/2024

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