ZWALCZANIE KARTELI W PRAWIE ANTYMONOPOLOWYM I KARNYM

Author(s): Małgorzata Król-Bogomilska / Language(s): Polish

Tytułowy problem tej pracy ma obecnie szczególne znaczenie, zarówno naukowe, jak i praktyczne. W płaszczyznach gospodarczej i prawnej zaczynają bowiem współistnieć zarówno w Europie, jak i na świecie co najmniej dwa modele odpowiedzialności za naruszenia zakazu karteli: administracyjny i karny. Istotne jest więc, że na rynku ukazuje się książka, która jest odbiciem rozważań dogmatycznych i praktyki. Podjętą tu problematykę należy ocenić jako w pełni aktualną i mającą duże znaczenie poznawcze dla polskiego i europejskiego prawa konkurencji. Monografia nie tylko porządkuje dotychczasową wiedzę, lecz także wytycza kierunki jej dalszego rozwoju. (z recenzji dr. hab. Pawła Podreckiego, WPiA UJ)Książka stanowi cenny wkład w rozwój doktryny prawa antymonopolowego i karnego. Będzie z pewnością przydatna w praktyce stosowania przepisów antykartelowych.. Może się też przyczynić do właściwego ukierunkowania przedsięwzięć ustawodawczych. Autorka wykazała się imponującą erudycją, wykorzystując w szerokim zakresie zagraniczną literaturę przedmiotu. Poruszone problemy omawia w sposób wnikliwy i krytyczny, w wielu sprawach jej analizy mają charakter pionierski.

Съдът, прокуратурата и разследващите органи в държавите-членки на Европейския съюз и страните-кандидатки

Author(s): Author Not Specified / Language(s): Bulgarian

The judicial reform in Bulgaria still remains a priority in the process of EU accession. The reorganization of the investigation and the improvement of the efficiency and accountability of the prosecution continue to remain disputable issues. The book The Courts,Prosecution and Investigation in the EU Member States and Accession Countries reviews the organization and principles of activity of the courts, prosecution and investigation in the EU member states, including the new ones, and the accession countries. The edition is aimed at supporting the process of Bulgaria's EU accession and contributing to the strenghtening of the judiciary, especially regarding the organization and place of the prosecution and investigation in compliance with the good practices, applied in the EU member states and the other accession countries.

Корупцията в 100 отговора

Author(s): Krasimir Dobrev,Emil Tsenkov,Georgi Boyadzhiev,Liliana Strakova / Language(s): Bulgarian

The manual is dedicated to the most frequently asked questions about corruption and aims at supporting anticorruption education. Despite the fact that many of the definitions in the manual are debatable and subject to opposing opinions, the publication unites the predominant viewpoints of the experts, the Bulgarian legislature, the current European standards and the essence of the domestic and international publications on this topic. The hundred answers to those questions are classified in five sections: Definitions, Laws and corruption, Corruption in the public life, Corruption in Bulgaria, Counteracting corruption. The manual could be used as a resource material for trainings and lectures on anticorruption topics in the secondary schools and universities and will aide the teaching of elective courses on anticorruption introduced by the Ministry of Education and Science in the fall of 2004 in the Bulgarian secondary schools. The manual could be also useful for trainings and seminars for civil servants working at public institutions, which try to implement ethical codices of conduct and to improve transparency in public services provision to citizens.

Съдебна власт и корупция

Author(s): / Language(s): Bulgarian

Judiciary and Corruption" titles the new edition of the Anti-Corruption Readers series. It is a joint publication of Coalition 2000 and the Association of Judges in Bulgaria (AJB) and is complied by Judge Ms. Kapka Kostova, AJB President and the Associate Prof. Mr. Lazar Gruev, Ph.D., Law Faculty of St. Kliment of Ochridski Sofia University. The collection Judiciary and Corruption provides analytical comparative legal studies on the curbing of corruption issues in the judiciary and the norms of judicial ethics. It targets the legal community in this country, the university students of law and those interested in public administration, application of law and anti-corruption combat. A profound analyses over the existing access mechanisms to the magistrates' profession, the judiciary status and the guaranties for their independence and the methods for implementing their responsibilities are provided. Mr. Vladisslav Slavov, Chair of the Supreme Administrative Court and Chair of the Union of Jurists in Bulgaria is author of the Introduction, while the collected materials of basic-theoretical, analytic-applied and with applied type, are grouped in three major chapters: - Judges - Powers and Responsibilities; - Problems of Corruption: Curbing and Judicial Control; - Code of Ethics of the Bulgarian Judges.

Корупцията в 100 отговора

Author(s): Georgi Boyadzhiev,Emil Tsenkov,Krasimir Dobrev / Language(s): Bulgarian

On October 23, 2000, Civil Link Foundation and the Union of Bulgarian Journalists co-organized a journalists seminar "Investigative Journalism Against Corruption: the New Bulgarian and European Legislature" in Plovdiv within the framework of Coalition 2000 anti-corruption projects. Mr. Georgi Boyadzhiev, attorney at law, presented the new publication of Civil Link Foundation/Coalition 2000 - "Corruption in a 100 Answers" Manual. This is the first guide dedicated to the most frequently asked questions on corruption and anti-corruption. The hundred answers to those questions are classified in five sections: • Definitions, • Temida against Corruption, • Corruption in a Larger Context, • Corruption in Bulgaria, and • Anti-corruption. What is the legal definition for corruption, can a bribe-giver avoid indictment, what is the price of global corruption in the world, who fights corruption world-wide, etc. are some of the questions answered for the readers. The guide is published by Civil Link Foundation, a Coalition 2000's partner, and is supported financially by USAID. Its authors are Georgi Boyadzhiev, head of department, Special Investigation Service, Dr. Emil Tsenkov, Senior Fellow, the Center for the Study of Democracy, and Krassimir Dobrev, journalist, Sega Daily.

Институцията омбудсман – концепция и законопроект за Българиа. Чуждо законодателство

Author(s): / Language(s): Bulgarian

The Center for the Study of Democracy Law Program has prepared the edition “Ombudsman Institution – Concept Paper and Draft Law for Bulgaria. Foreign Legislation”. The publication, which is a part of the CSD Law Program project for introducing the People’s Defender and Civic Mediators institutions in Bulgaria, is published with the assistance of the Information and Documentation Center of the Council of Europe in Sofia. The collection contains a Concept Paper on the legal opportunities for establishing these institutions in Bulgaria, together with the draft Law on the People’s Defender and Civic Mediators, both worked out by the experts to the CSD Law Program. It offers an accessible set of rules by which citizens can observe and respond to the new challenges in society in a period of considerable changes in this country. Introducing the Ombudsman institution means that Bulgaria is becoming a more democratic and civil rights respecting state. The institution is a successful mechanism for human rights defense with a strong emphasis on the principles of good governance. The publication is aimed to acquaint the public with the characteristics and the significance of the institution by offering a short overview of its development in various countries together with a comprehensive analysis on the Bulgarian environment to be established in as well. The edition includes foreign Ombudsman Acts, which served as a basis for drafting the Law for Bulgaria. They are both from countries with strong traditions in this area (Sweden, Canada and Spain) and from transition countries, in which the institution has been recently established (Poland, Hungary, Macedonia and Romania). The complete set of legislative acts on the European Ombudsman is also included. Knowing more about this particular institution is of great importance for Bulgaria’s continuing efforts for European Union accession.

Икономическата цена на корупцията

Author(s): / Language(s): Bulgarian

In his introduction to the book, the director of the Center for Economic Development Georgi Prohazki writes: "Bulgarian society is now faced with the problem of discovering the mechanisms which will rally the energy of citizens, NGOs, business and the state administration in the fight against corruption." Clearly, Coalition 2000 is such a mechanism which has united representatives of the nongovernmental sector and state institutions. Besides analyses by Paolo Mauro, Robert Klitgaard, Daniel Kaufman, etc., the reader also contains analyses by Bulgarian authors. In his publication Prof. Georgi Petrov looks at state interference in the economy and the problem of "corruption".

Sistemi zdravstvene zaštite i zdravstvenog osiguranja

Author(s): / Language(s): Serbian

Muzejsko zakonodavstvo u Bosni i Hercegovini od 1945. do 2012. godine

Author(s): Ikbal Cogo / Language(s): Bosnian

The scientific and professional literature in Bosnia and Herzegovina has not considered the issue of legislation on museums to a great extent during the past decades. Although tens of museums and galleries on the territory of Bosnia and Herzegovina actively work (the first museum collection was established in 1884 in Humac near Ljubuški, and the first public museum institution – the National Museum was founded in 1888 in Sarajevo), legislation apparently seems not to have been an interesting issue for research and analysis. During the period of the Kingdom of Serbs, Croats and Slovenes/the Kingdom of Yugoslavia (1918-1941) the common legal act on museums did not exist although it was drafted on several occasions. In those days, there were two public museums in Bosnia and Herzegovina (the above-mentioned National Museum in Sarajevo and the Museum of Vrbas Province in Banja Luka founded in 1930) and the management staff of these museums was appointed by the Ministry of Education in Belgrade. The first law on museum activities was adopted in Bosnia and Herzegovina after the World War II (1947) which made Bosnia and Herzegovina the first republic in Yugoslavia have such a legal act (Macedonia passed its own law in 1948 and Serbia in 1951). Before passing the Law on Museums (which contained 6 articles), the Decision on Protection of Cultural Monuments was made in February 1945 in Belgrade. It was signed by Marshall Tito and it was binding for the entire country. The amendments to the first Law on Museums were adopted in 1948. During 1960 a new, and much more extensive law on museums was passed and it contained 52 articles (during 1960s all the republics of former Yugoslavia passed their own laws on museums some of which for the first time such as Croatia, for instance). The laws were passed by the Assembly upon the proposal of the Government and the Ministry in charge. The last amendments to the law on museums in Bosnia and Herzegovina before 1992 were passed in 1987. During the recent war (1992-1995) the legally binding Regulation on Museums dating from 1993 was in force. After Dayton Peace Agreement had been signed in Paris in 1995, the state of Bosnia and Herzegovina ceased being in charge of science, education and culture on the basis of Annex IV (which makes the Constitution of Bosnia and Herzegovina). This means that the field of cultural activities became the responsibility of the entity of Republika Srpska and the cantons in the Federation of Bosnia and Herzegovina. The issue of museum activities was regulated in Republika Srpska by the law and the respective by-laws while in the Federation of Bosnia and Herzegovina several cantons have legally stipulated museum activities by the corresponding laws (e.g. Canton Sarajevo in 2000, Zenica-Doboj Canton in 2003, Tuzla Canton in 2002, Bihac in 2001 and West Herzegovina Canton in 2009). It is interesting to note that Bosnia and Herzegovina has never had the legally regulated central museum institution (there used to exist “central“ museum institutions for certain fields such as archaeology, ethnology or history) nor have there been any common standards or norms for the museum activities (to provide the required minimal space for storing, library, the defined minimal smaller or larger space as the standard for the museum institutions etc.). It is particularly interesting that even nowadays Bosnia and Herzegovina does not have the museum of technology, traffic and the like, and, thus, there is no legal regulation to define such exhibits within the field of museum activities. Th ere is no Technical Museum (traffic, railway, post etc.) which is, nowadays, normally present in the European museum practice. Presently, this kind of legislation exists in Republika Srpska according to which the Museum of Republika Srpska and the Museum of Modern Arts of Republika Srpska represent the central museum institutions in that entity. They have also adopted the norms and standards for museum activities.

Komparativna pravna historija

Author(s): Dževad Drino / Language(s): Bosnian

Comparative Legal History is a textbook on general history of state and law for the students of the Faculty of Law at the University of Zenica. It covers prehistory and the development of states and law in the Euro-Mediterranean region in the classical period, antiquity, Middle Ages, until modern age. It also covers the legal thought of the Far East (India, China, Japan) and Central East (Egypt, Babylon, the states of the Hittites and Jews), as well as Ancient Greece, medieval Germanic countries, Byzantine, Russia, England, Arabic and Ottoman Empires, including the religious legal systems of Sharia and Canon law. In the modern period, it analyses the laws existing in cities, the origin of contemporary European states, the foundation of the United States of America, legal consequences of France’s bourgeois revolution and the origin and development of socialist states and laws. The textbook contains a list of recommended literature (133 works) and index of names and geographic places. It is recommended to students of law, history, political sciences, and international relations as a useful resource to master the basic terms of historical development of countries and legal systems. It was written in Bosnian (Latin) language on 257 pages in total.

Administracja. Prawo administracyjne. Część ogólna

Author(s): / Language(s): Polish

The monograph entitled Administration. Administrative law. General part presents the issues pertaining to the general part of administrative law in plain, clear language. The book’s content is divided into five parts. Part One deals with the peculiarities of administration in a free, democratic welfare state under the rule of law. Part Two presentsmajor issues related to administration understood as a function of the state which is regulated by law. Part Three of the publication, in turn, discusses particular forms of administrative actions, whereas Part Four – the relationships regulated by administrative law. The concluding Part Five of the monograph concerns the responsibility borne by public administration and its bodies.As an academic textbook this publication is aimed at students of law and administration, as well as articled clerks, but it may also be of use to legal practitioners. This publication constitutes a substantial contribution in the discussion about directions of changes in public administration that have been taking place since the year 1990, when Poland’s political system was transformed thereby restoring local selfgovernment.The latter, as a basic form of centralized public administration, functions as an important school of democracy and empowerment of local communities. Both the Editors and the Contributors of this publication are outstanding experts in the field as well as experienced practitioners, which translates into high intellectual value of their studies included in the book.

Instytucja zajęcia stanowiska jako forma współdziałania w stanowieniu i stosowaniu prawa

Author(s): Lucyna Staniszewska / Language(s): Polish

The main aim of the book is to comprehensively examine the issue of cooperation between administrative bodies in the form of taking a position and responsibility for such administrative acts. While in the legal doctrine the issue of cooperation of local government units of a systemic nature has been the subject of numerous studies, substantive cooperation in applying administrative law and drafting administrative law are not discussed frequently. The last monographic study comes from the 1980s, but this issue is very significant with the prospect of the further development of cooperation between public administration bodies, because nowadays the administration conducts procedures that are increasingly complicated and require specialist knowledge. There is also a tendency for administrative bodies to develop informal modes of cooperation. If they have effects on third parties, parties to the proceedings, one might think about the guarantees of a fair administrative procedure in such a case. The need for cooperation between the authorities is inevitable due to the division of tasks, functions and competences between the authorities. Moreover, because of the globalization and cross-border nature of administrative proceedings, cooperation becomes an institution not only of intra-state but also of inter-state importance - within the authorities of the EU Member States and states and EU bodies. However, many adjudicating bodies are still wary of cooperation because they associate it with delegating their own competences to other bodies, for whose actions they are fully responsible. The Polish legal order still lacks a clear concept for the institution of taking a stand, and the inconsistency of the legislator assigning different meanings and character to identical forms of material cooperation causes serious problems in the application of this institution. This has a negative impact on its effectiveness, and thus on the reluctance of the authorities to take up a position, and likewise the parties to the proceedings, associating cooperation with proceedings becoming extended and less effective. The problems related to the act of undertaking cooperation are also important.

Зборник радова "Право између стварања и тумачења" Том II

Author(s): / Language(s): English,Slovenian,Serbian

Зборник радова "Право између стварања и тумачења" Том III

Author(s): / Language(s): English,Bulgarian,Russian,Serbian

Зборник радова "Правне празнине и пуноћа права" Том I

Author(s): / Language(s): English,Russian,Serbian

We present to the scientific public the Proceedings “Legal gaps and the completeness of law”, which is the result of the scientific conference held for the twelfth time on the oc￾casion of the Day of the Faculty of Law. At the conference held in October 2023, 206 authors and co-authors, from three continents and 23 countries (Russia, Greece, China, Italy, Hungary, Spain, Cuba, Mexico, Turkey, Bulgaria, Romania, Georgia, Moldova, Cyprus, the Netherlands, Denmark, Sweden, Serbia, North Macedonia, Croatia, Slovenia, Montenegro and Bosnia and Herzegovina with authors from the Republika Srpska and the Federation of Bosnia and Herzegovina), presented 162 reports in Serbian, Russian, English, Italian, Spanish that is, in their native languages. This was the largest conference held in the field of law in Southeast Europe, as well as one of the largest, perhaps the largest one, in Europe in 2023. The co-organizers of the scientific conference were the International Union of Lawyers, the European Public Law Organization, the Institute for Comparative Law, the Insti￾tute for Criminological and Sociological Research and the Serbian Association for Criminal Law Theory and Practice. The Proceedings contain over 2,400 pages in five volumes with 111 works by 146 authors and co-authors from 19 countries (Russia, Greece, Italy, Hungary, Spain, Cuba, Mexico, Turkey, Bulgaria, Romania, Georgia, Moldova, Cyprus, Sweden, Serbia, North Macedonia, Croatia, Montenegro and Bosnia and Herzegovina with authors from Republika Srpska and the Federation of BiH). A third of the papers were pub￾lished in world languages (English, Russian and Italian). The scientific conference held on the occasion of the Day of the Faculty of Law is categorized and classified by the Ministry of Scientific and Technological Development and Higher Education of the Republika Srpska as an international scientific conference of the special importance of the first category and is one of the three best classified and categorized scientific meetings from all scientific areas in the state. The authors dealt with various issues of legal theory and practice, in all legal disciplines. Their goal was to independently and critically analyze legal principles and institutes, to subject legal theory and positive law to criticism, and to make a scientific contribution to the development of legal theory and the improvement of legal systems. The multimethodological approach, which adorns not only the collection as a whole, but also individual papers, made it possible for the scientific analysis to be versatile and rich, and the achieved scientific results significant for the improvement of legal sciences. We believe that students of legal sciences will find enough good scientific analyses, intriguing positions and starting points for new scientific analyses. We also hope that public office holders and legal practitioners will find answers to numerous questions that have arisen in their political and legal practice, and that these answers will become the basis for reflection and adoption of new positive legal solutions. In this way, this collection will fulfill its purpose. It will represent a contribution to the development of legal sciences, especially in difficult social and political circumstances, in which numerous challenges and difficult-to-solve theoretical and practical questions arise before the practitioners of legal sciences.

Зборник радова"Правне празнине и пуноћа права" Том II

Author(s): / Language(s): English,Serbian

Зборник радова "Правне празнине и пуноћа права" Том III

Author(s): / Language(s): English,Serbian

Зборник радова "Правне празнине и пуноћа права" Том IV

Author(s): / Language(s): English,Bulgarian,Romanian,Serbian

Зборник радова "Правне празнине и пуноћа права" Том V

Author(s): / Language(s): English,Serbian,Italian

We present to the scientific public the Proceedings “Legal gaps and the completeness of law”, which is the result of the scientific conference held for the twelfth time on the occasion of the Day of the Faculty of Law. At the conference held in October 2023, 206 authors and co-authors, from three continents and 23 countries (Russia, Greece, China, Italy, Hungary, Spain, Cuba, Mexico, Turkey, Bulgaria, Romania, Georgia, Moldova, Cyprus, the Netherlands, Denmark, Sweden, Serbia, North Macedonia, Croatia, Slovenia, Montenegro and Bosnia and Herzegovina with authors from the Republika Srpska and the Federation of Bosnia and Herzegovina), presented 162 reports in Serbian, Russian, English, Italian, Spanish that is, in their native languages. This was the largest conference held in the field of law in Southeast Europe, as well as one of the largest, perhaps the largest one, in Europe in 2023.

Formy stadialne przestępstwa

Author(s): Agnieszka Liszewska / Language(s): Polish

The presented study contains an analysis of the provisions of the Polish Penal Code regulating liability for the stages of crime on the theoretical, constitutional and normative levels. Theoretical considerations focus on the problem of the relationship of attempt and preparation to commit in connection with emerging views questioning the non-self-existence of the stages of crime. On the theoretical level, there were also considerations devoted to justifying the criminality of stages forms based on the category of danger as a preliminary condition for criminalization. This condition - derived from the constitutional principle of proportionality - means that criminalization is unacceptable in a democratic state ruled by law in the absence of the social harmfulness of the act, which is questioned in relation to an ineffective attempt and attempted crimes resulting from an abstract exposure to danger. The conclusions drawn from the analysis of the theoretical foundations of responsibility for the stages of crime also constituted a point of reference for the normative's analysis on attempts and preparation. The work assumes that since the stages do not exist independently, the illegality of the acts included in them must result from a violation of the same sanctioned norm that we read from the provision typifying the act. The presented study contains a diagnosis of the current legal status, which indicates a very wide scope of liability, not only for violating, but also for exposing to danger of legal good. However, this state of affairs should be changed primarily through legislative action and therefore the study constitutes a voice in the discussion on limiting the scope of liability before committing a prohibited act.