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Стратегия и План за действие на SELDI. За добро управление и противодействие на корупцията в Югоизточна Европа

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

Corruption is one of the most pressing issues in Southeast Europe, because of its detrimental impact on the social and economic development, especially during times of economic crisis. At the same time the capacity of the civil society organizations to monitor this phenomenon, propose and implement policy change remains low. To address this issue, in November 2012, 17 civil society organizations from Southeast Europe formed a coalition aimed to contribute to a dynamic civil society in the region, capable of participating in public debate and influencing policy and decision-making process in the area of anti-corruption and good governance. The SELDI Strategy and Action Agenda for Good Governance and Anticorruption in Southeast Europe aims to serve as a blueprint for CSO coalition building, as well as a value statement, which can be used to attract new partners and to inform and motivate other stakeholders. In addition the Action Agenda puts a focus on improving the environment for civil activism and state-civil society dialogue at regional and national level, on which CSOs and other stakeholders will agree to act upon.

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Strategija i Akcioni plan mreže SELDI za dobro upravljanje i borbu protiv korupcije u jugoistočnoj Evropi

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

Corruption is one of the most pressing issues in Southeast Europe, because of its detrimental impact on the social and economic development, especially during times of economic crisis. At the same time the capacity of the civil society organizations to monitor this phenomenon, propose and implement policy change remains low. To address this issue, in November 2012, 17 civil society organizations from Southeast Europe formed a coalition aimed to contribute to a dynamic civil society in the region, capable of participating in public debate and influencing policy and decision-making process in the area of anti-corruption and good governance. The SELDI Strategy and Action Agenda for Good Governance and Anticorruption in Southeast Europe aims to serve as a blueprint for CSO coalition building, as well as a value statement, which can be used to attract new partners and to inform and motivate other stakeholders. In addition the Action Agenda puts a focus on improving the environment for civil activism and state-civil society dialogue at regional and national level, on which CSOs and other stakeholders will agree to act upon.

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СТРАТЕГИЈА И АКЦИСКИ ПЛАН НА СЕЛДИ за добро владеење и антикорупција во Југоисточна Европа

Author(s): / Language(s): Macedonian

Corruption is one of the most pressing issues in Southeast Europe, because of its detrimental impact on the social and economic development, especially during times of economic crisis. At the same time the capacity of the civil society organizations to monitor this phenomenon, propose and implement policy change remains low. To address this issue, in November 2012, 17 civil society organizations from Southeast Europe formed a coalition aimed to contribute to a dynamic civil society in the region, capable of participating in public debate and influencing policy and decision-making process in the area of anti-corruption and good governance. The SELDI Strategy and Action Agenda for Good Governance and Anticorruption in Southeast Europe aims to serve as a blueprint for CSO coalition building, as well as a value statement, which can be used to attract new partners and to inform and motivate other stakeholders. In addition the Action Agenda puts a focus on improving the environment for civil activism and state-civil society dialogue at regional and national level, on which CSOs and other stakeholders will agree to act upon.

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SELDI STRATEGIJA I AKCIONA AGENDA za Dobro Upravljanje I Antikorupciju u Jugoistočnoj Evropi

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

Corruption is one of the most pressing issues in Southeast Europe, because of its detrimental impact on the social and economic development, especially during times of economic crisis. At the same time the capacity of the civil society organizations to monitor this phenomenon, propose and implement policy change remains low. To address this issue, in November 2012, 17 civil society organizations from Southeast Europe formed a coalition aimed to contribute to a dynamic civil society in the region, capable of participating in public debate and influencing policy and decision-making process in the area of anti-corruption and good governance. The SELDI Strategy and Action Agenda for Good Governance and Anticorruption in Southeast Europe aims to serve as a blueprint for CSO coalition building, as well as a value statement, which can be used to attract new partners and to inform and motivate other stakeholders. In addition the Action Agenda puts a focus on improving the environment for civil activism and state-civil society dialogue at regional and national level, on which CSOs and other stakeholders will agree to act upon.

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Ролята на правото в съвременната икономика. Сборник доклади

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

The book is published as a result of a round table – project SPC – 200/2017, pursuant to contract for partial financing of scientific forum according to Regulation for the conditions and order of evaluation, planning, distribution and spending of funds from the state budget for financing of the inherent for the state higher schools scientific or artistic activity, promulgated State Gazette 73/16.09.2016, effective of 01.01.2017, adopted by decree of the Council of ministers №233/10.09.2016 г.

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14.00 €

Wojskowe postępowanie karne w II Rzeczypospolitej (1918–1939)

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

The book is concerned with military criminal procedural law applied in the military judiciary of the inter-war period (1918–1939). This problem has so far been underexplored, with the evolution of this branch of law after the year 1918 forming a major research gap.Apart from the institutions unique to this branch of law, the monograph discusses theorganisation of the court-martial system of this time and the origins of the major sources of itslaw. It focuses on the specific relations between participants in the military criminal procedure of this period, relations that determined its unique character. It presents the evolution of particular military legal institutions – also in the comparative and historical perspective – and the influence of general criminal procedural law of the time on their development. The book takes up the timeless problem of the distinctiveness of military law and the military judiciary on the one hand, and the general system of law on the other. It addresses questions concerning the character of the court-martial system, its procedural law and its possible future. The volume presents the whole course of military criminal procedure, including the problem of penalty execution. It is supplemented with photographs of places, persons, and events connected with the inter-war court-martial system, made available by The National Digital Archives in Warsaw.

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7.50 €

Przedsiębiorca. Zagadnienia wybrane

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

This book is the result of the collaboration between two excellent academic centres, i.e. the Faculty of Law and Administration of the University of Silesia in Katowice and the Faculty of Law and Administration of the University of Rzeszów. The initiative of the collaboration was launched as a result of many seminars, conferences and trainings organized for entrepreneurs by collaborating Department of Public Economic Law, the Faculty of Law and Administration of the University of Silesia and the Department of Commercial and Economic Law of the University of Rzeszów. In order to meet the expectations of entrepreneurs and people interested in starting and running an enterprise, the authors of this work have dealt with the issues related to economic activity that were the subject of the most frequent questions and doubts during the meetings with entrepreneurs. At the same time, in order to facilitate the reading of the book, the authors tried to avoid complicated legal phrases, and thus used language intelligible to all instead of a difficult legal language.The opening chapters of the book introduce the issue of economic activity, which is of interest to every entrepreneur (the concept of economic activity and its principles, the concept of an entrepreneur). The subsequent chapters are about the rights and obligations of entrepreneurs resulting from their starting and running an enterprise. The chapters deal with entrepreneurial registers and registration procedures, as well as with various legal forms within which entrepreneurs may run a business or other activity of non-profit character. Another, extremely important issue related to the entrepreneur’s business activity, and comprised in this study are tax issues. The following chapter has been dedicated to the problems concerning the employment of employees. A separate chapter is about the regulation of economic activity, i.e. legal forms of constraining the constitutionally warranted and many times statutorily confirmed the principle of freedom of economic activity. Of considerable significance are also chapters on the legal possibilities of raising capital (inter alia, public procurement) through cooperation with the so-called public sector (capital market law, specificity of EU funds, public-private partnership), and the protection of developed ideas (protection of industrial property). Since every entrepreneur is subject to the control exercised by various control or supervisory bodies, the work contains a chapter discussing the procedure of control over an entrepreneur.The subject matter of this study has been selected from a wide range of legal regulations relating to the entrepreneur's business activity, however it covers only a small part of it. The authors' intention was not to make a broad, detailed or analytical presentation of complicated, though interesting legal issues in this field, but to outline only a selected issues. Therefore, the work is addressed primarily to those who are not lawyers and who are interested in starting or are already running an enterprise.We hope that reading the book will encourage the reader to look further for more detailed studies of the issues covered in the work, and that it will facilitate making economic decisions.

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20.00 €

Balkan - državnopravna historija

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

The textbook "The Balkans – The Legal History of the State" is the first work of this title in this region and it is intended for the students of law, as well as for other students since it provides an overview of the history of the development of the 11 Balkan states and their legal systems from antiquity to modern times. In the first part - The History of the States (p. 1-92), the Greek and Roman period of development, the Middle Ages, the emergence of the Slavic and other Balkan states, the hidden minorities of the Balkans (Jews, Roma, Vlachs), the Ottoman Empire and modern states in the Balkans were analyzed. The second part - The History of Law (p. 93- 211) encompasses the oldest Greek and Roman legal traditions, Medieval Law (Byzantine Law, Original Slavic Law, etc.), religious legal systems in the Balkans (Jewish, Canon, and Sharia law), as well as the Modern Law. The book is consisted of Introduction (IX-XV), 211 pages of text, bibliography of about 600 units (p. 212-240), and a book index (p. 240-258). The author of the book is Prof. Dževad Drino, PhD, Head of the Department of History and Law at the Law Faculty of the University of Zenica. The publisher is the University of Zenica (Bosnia and Herzegovina), while the reviewers were Prof. Salmedin Mesihović, MD, PhD, from the University of Sarajevo, and Prof. Abramac, MD, PhD, from New York University, USA.

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12.00 €

Банковата система и прането на пари

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

The book is devoted to the problems of money laundering through the banking system. Different cases of unlawful multibillion money transfers, illegal offshore operations, and tax evasion find their more and more frequent public response and inevitably ruin the image of modern credit institutions. Furthermore, most of them are connected with some of the world’s largest banks. The study focuses on Bulgarian banking practice which is also not protected from such activities. The accent is put on the activities of Bulgarian banks, most of which are subsidiaries of large European banking groups. Recent changes in European Union and Bulgarian AML legislations are also subjected to analysis. The money laundering process is illustrated through several types of conditional examples that summarise some common techniques for legalizing incriminated capitals through the financial system using cash operations, wire transfers, shell banks, straw men and offshore juridical registrations, loans, as well as operations with different financial instruments. Actual trends connected with virtual payment systems and cryptocurrencies are also reflected. Subjected to analysis are banking anti-money laundering mechanisms such as customer identification programmes, transactions monitoring and organization of AML compliance activities. Maintained is the view that banks` products and services specifics require individual risk-based testing and scoring for money laundering vulnerability. Special attention is paid to the opportunities for prevention at the strategic level by differentiation of specific banking AML centers. In this regard is the offered conceptual model for integrated treatment of all risk-based anti-money laundering approaches within the “AML risk matrix” model. The conducted survey among a selection of Bulgarian banks and interviews with AML and compliance experts are used to formalize some concrete possibilities for optimization of existing AML practices – in the field of monitoring and reporting of suspicious transactions, AML product compliance, cooperation and information sharing, new IT technologies and corporate social responsibility.

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7.00 €

Konstytucyjna wolność badań naukowych a ochrona pracy naukowej. Studium przypadków z nauk ścisłych eksperymentalnych

Author(s): Anna Chorążewska,Artur Biłgorajski / Language(s): Polish

In the context of the Polish constitution, the monograph analyses the framework of the freedom of engaging and conducting research (Art. 73). By formulating this freedom, the constitutional legislator at the same time sanctioned the principle of equal legal protection of the scholarly output of the researcher, and that regardless of the dissimilarity of the subject and the nature of research work in various departments of knowledge/scholarship (Art. 32 in reference to Art. 64 Para. 1 and 2). However, the realisation of the indicated constitutional maxim at the level of the act of law and implementing acts necessitates the diversification – due to the nature of scholarly research in various disciplines of scholarship – of the principles of legal protection of intellectual copyright. Meanwhile, the legislator does not address this problem directly. In order to elucidate the scholarly problem which was formulated in this manner, the first part of the work was devoted to an analysis of the freedom of scholarly research as a category which is constitutionally protected. The second part is devoted to the problems of the legal bases of the protection of scholarly work, and to be more precise – of the right of the researcher to indicate authorship of a scholarly publication from the perspective of the regulation(s) of the constitution and other regulations, which develop and particularise its ordinances, including the provisions of the codices of ethics to which scholars are bound. Thus, one indicated the principles of reliable attribution of the authorship of research works, with special reference to research conducted in research teams of multiple people, including teams of interdisciplinary nature. In order to illustrate the theses which were put forward, one described the object of scholarly research realised in the domain of experimental exact sciences, and subsequently the principles of the publication of the results of the said research, along with the regulations of the attribution of the authorship of scholarly works which are published. The diagnoses which are formulated in this manner may contribute, in the opinion of the authors, to the raising of the awareness of the legislator and as a result they may influence favourably the direction(s) of the scholarship-related policy of the state in the course of the reform of scholarship which is being realised in Poland.

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11.00 €

Zasada ochrony samorządności terytorialnej. Studium konstytucyjne

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

The present monograph constitutes a constitutional study of the institution of the local government discussed through the prism of the principle of local self-government. Such an approach to the titular principle allows to consider it not only from the political and legal perspective, but also from a functional one, while the discussion oscillates around: the constitutional status of a person regarded as an individual as well as their dignity guaranteed by the Constitution, the constitutional status of a person regarded as an obligatory member of the self-government community, the status of the self-government community, the status of the national community, the status of the state, as well as the status of the underlying structures of the civil society and non-governmental organizations. The argument leads to the conclusion that the local government is an institution deeply entrenched in the structure of the civil society, and, as a result, should be guaranteed by the state the right to evolve naturally, in accordance with the evolution and maturation of the Polish civil society. As a consequence, the constitutional regulations of the local government should not constitute an inhibitive factor for the natural processes accompanying the development of the civil society. The present study could find its practical application both in cases of judicial control of the constitutionality of legislation with regard to the law on local selfgovernment, as well as judicial control over exercising and applying the law, the didactic process at the university, the day-to-day functioning of social and nongovernmental organizations as well as the bodies of local self-government agencies and councilors. Moreover, it could prove helpful in the processes of reform of the public administration and the creation of institutions for the study of the effectiveness of the creation and operation of public administration systems.

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6.50 €

O prawie własności i jego współczesnych funkcjach

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

Prace polskiego agrarysty i cywilisty Profesora Waleriana Pańki zachowują do dziś swoją aktualność i cieszą się nieustanym zainteresowaniem doktryny prawa rolnego i prawa cywilnego. Do fundamentalnych dzieł naukowych należą monografie: "Własność gruntowa w planowej gospodarce przestrzennej. Studium prawne" (1974) oraz "O prawie własności i jego współczesnych funkcjach" (1984). W prezentowanej publikacji przedrukowano tę ostatnią pozycję, którą wzbogacono o wstęp, wykaz publikacji Profesora oraz jego tekst: "Ład przestrzenny i ekologiczny wsi i rolnictwa (tezy)" (1993), a także komentarz tego tekstu autorstwa Teresy Kurowskiej.„Monografia "O prawie własności i jego współczesnych funkcjach" jest owocem badań prawno-porównawczych, które umożliwił pobyt stypendialny w Instituto di Diritto Agrario we Florencji oraz pobyty w charakterze visiting profesor na uniwersytetach w Rzymie, Padwie, Mediolanie, Ferrarze. […] Profesor przedstawił w niej syntetyczne opracowanie teorii własności nawiązującej do realiów współczesności, co doprowadziło do przewartościowania wielu obiegowych pojęć w nauce prawa. […] Profesor Walerian Pańko podkreślał, że w prawie właściciela tkwi niezwykle ważny element, jakim jest monopol w zakresie władztwa nad konkretną rzeczą (konkretnym mieniem) zapewniający możliwość efektywnego gospodarowania, ale widział jednocześnie wiele ograniczeń wynikających z obowiązków właściciela wobec społeczeństwa. Wyrazem jego przemyśleń jest oryginalna koncepcja »domniemania generalnej kompetencji« (właściciela) jako istoty prawa własności”.

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7.00 €

PRAWO I LITERATURA

Author(s): Jarosław Kuisz,Marek Wąsowicz / Language(s): Polish

Badania nad związkami prawa z literaturą prowadzone są od kilkudziesięciu lat w wielu krajach. W niektórych z nich, jak np. w Stanach Zjednoczonych czy w państwach skandynawskich, powstały poważne ośrodki naukowe zajmujące się tą tematyką oraz bogata literatura przedmiotu. Rezultaty tych prac stały się elementem edukacji prawniczej, a niekiedy nawet orzecznictwa sądów. W niniejszym zbiorze pisze o tym Jarosław Kuisz. (…) Nie prowadzono natomiast dotychczas zakrojonych na większą skalę systematycznych badań nad tematyką prawną pojawiającą się w polskiej literaturze w wymiarze historycznym. Prezentowany tutaj zbiór esejów, poświęcony literaturze dziewiętnastowiecznej, jest okazją do zasygnalizowania, że prace takie zostały zapoczątkowane.Ze wstępu Marka WąsowiczaW tomie publikują: Marcin Barański, Jakub Karczewski, Jarosław Kuisz, Kacper Oleksy, Izabela Prager, Bartosz Soloch, Piotr Szczepański, Aleksander Ujazdowski, Marek Wąsowicz, Jakub Wiech.

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30.00 €

Сборник от научни четения, посветени на 140-годишнината от приемането на Търновската конституция

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

In 2019, 140 years have passed since the adoption of the Tarnovo Constitution. On this occasion, the Departments of Public Law and Criminal Law at the Faculty of Law of Plovdiv University "Paisii Hilendarski" organized scientific readings to mark the 140th anniversary of the Tarnovo Constitution.This collection contains the main materials presented by the participants - scientists from law faculties and other scientific institutions in the country, and this is an indisputable testament to the representative nature of the event. The collection presents works of both established names in legal science and young authors who publish some of their first scientific works. We hope that the proposed research will arouse the professional interest of all representatives of the legal profession, and that the collection will be a useful read for both teachers and students of law, as well as for practicing lawyers.

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Developments in Labour Law from a Comparative Perspective

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

The need for comparative studies of labour law seems indisputable, inasmuch it arises from the international character of many labour law norms, as well as from the interconnection between working and social relations which are often conditional and international. Thus, it appears that academic research into the field of labour law would be incomplete without its comparative facet. For these reasons, numerous networks of international cooperation between labour law scholars are being established on both formal and informal levels. The underlying idea is to find a common denominator for the discourse concerning the present condition of labour law, and pathways for its further development. The Labour Law Education Society, established in 2012 at the initiative of Prof. Charles F. X. Szymanski, is one of the networks attempting to accomplish this objective. Its early days were crowned with Developments in Labour Law from a Comparative Perspective, a conference held on 23rd–24th of May 2014 at the AllerhandInstituteʼs branch in Cracow, Poland. The present volume, which is an outgrowth of that conference, presents certain current issues frequently discussed in the realm of labour law. Also, it contains chapters considering the most significant developments within the discipline.

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Suspects and Accused Persons with Intellectual and Psychosocial Disabilities: Identification and Communication

Author(s): Dimitar Markov / Language(s): English

Many suspects and accused persons have intellectual or psychosocial impairments that, if not identified on time, may affect their ability to effectively and fairly participate in the criminal proceedings. Unlike age and physical illness, which are easily recognised, intellectual and psychosocial disabilities are not always visible and may remain unnoticed or misinterpreted. While some people may inform the criminal justice authorities of their disability, others may not be aware of their condition or try to hide it to avoid stigmatisation and intimidation. This manual is designed to provide criminal justice practitioners with practical guidelines on how to identify and communicate with suspects and accused persons with intellectual and psychosocial impairments considering their vulnerable situation and respecting their rights.

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Navigating through your supply chain: Toolkit for prevention of labour exploitation and trafficking

Author(s): Anni Lietonen,Anniina Jokinen,Natalia Ollus,Anton Kojouharov / Language(s): English

In recent years, cases of labour exploitation in supply/subcontracting chains have been uncovered around the world, as well as in Europe. Outsourcing of work or services through subcontractors/suppliers or use of temporary workers in flexible employment relationships heighten the risk of exploitative working conditions. The working conditions in lengthy subcontracting chains might be difficult for companies to uncover. Everything may seem legal on paper but in reality, exploited migrant workers might work long hours in poor conditions, which are below national standards, and they have little or no possibility to change their situation. To protect the rights of migrant workers, to promote fair competition and decent work, as well as to avoid negative publicity businesses have a responsibility to address the risk of labour exploitation and human trafficking in their subcontracting or supply chains. This risk management toolkit has been developed with the purpose to give companies a brief overview of what labour exploitation and trafficking are, as well as to demonstrate the risks for businesses, and how involvement in such scenarios can be effectively avoided.

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TEN YEARS AFTER EULEX. Key principles for future EU flagship initiatives on the rule of law

Author(s): Naim Rashiti / Language(s): English

With its “credible enlargement perspective for and enhanced EU enlargement with the Western Balkans”, the EU plans to launch several new flagship initiatives for the six aspiring countries. The key initiative envisaged is “to strengthen rule of law” through more detailed assessment of the rule of law and reform implementation by including case-based peer reviews, trial monitoring of serious corruption cases and organised crime, developing indicators for reform implementation and deploying advisory missions. // The EU has begun some planning but detailed action plans are yet to come. New programmes and initiatives should be new in content and form. In the case of Kosovo, things are more complex; the clarity of the new plan and drawing the line between the past and future is key for any success of the upcoming initiatives. With EULEX still on the ground, after 10 years of deployment, plagued by low trust and an image of failure, the rule of law has little improved in Kosovo. The EU should carefully consider the conditions upon which new initiatives are established. // Equally, local authorities need to be fully in the driving seat. Reluctant to do so until now, the government has recently initiated a Functional Review of the Rule of Law Sector and Justice 2020. Their agendas have not progressed much in the absence of political will, and undefined roles and agendas remain between the local authorities and EU. Any new initiatives should be launched based on certain principles that ensure they have full local ownership, are driven by local demand, are based on in-depth evaluation and verification, build upon broad consultations and inclusion, have a clearly defined role and scope, have realistic expectations and contribute to streamlining the reform agendas.

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BANKING FRAGILITY ROOTED IN JUSTICE FAILURES. Evidence from Ukraine

Author(s): Maria Repko / Language(s): English

This paper investigates the links between the rule of law and sustainable economic growth, focusing on a specific aspect – namely how corruption and lack of the rule of law affect the functioning of the banking sector. It draws on the experience of Ukraine amid the crises in the banking sector (which is most of the financial sector). The burst of a bubble in the banking sector after the 2008–09 crisis was never followed by a robust recovery, and the 2014–15 crisis1 deepened the problem. It highlighted serious dysfunctions in the justice system, with issues of corruption and political interference. Much of the banking system’s fragility and poor credit utilisation could be explained by a lack of the rule of law on different levels. When the losses materialised, flaws in the rule of law impeded a response and resulted in a massive burden falling on the state and on the economy at large. // At the same time, reforms to the rule of law and the financial sector are going along separate tracks – being implemented by different teams that contact each other randomly at best. If these efforts are combined, a strong synergistic effect might be achieved.

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RULE OF LAW INFRINGEMENT PROCEDURES. A proposal to extend the EU’s rule of law toolbox

Author(s): Petra Bárd,Anna Śledzińska-Simon / Language(s): English

In this contribution, we propose that the Court of Justice of the European Union (CJEU) introduce ‘rule of law infringement procedures’, having both a fast-track and a freezing component, as part of a wider ‘EU rule of law toolbox’. We show rule of law infringement procedures’ great potential in tackling rule of law backsliding in the Member States, provided that the following rules are applied. First, the European Commission should identify the rule of law problem explicitly. Second, it should not waste time and postpone its legal actions, while a Member State openly violates the rule of law. Third, the CJEU should automatically prioritise and accelerate infringement cases with a rule of law element to avoid more harm being done by those in power. Fourth, interim measures should be used to put an immediate halt to rule of law violations that can culminate in grave and irreversible harm. Fifth, EU institutions should establish a periodic rule of law review. It should help them to determine if there is a systemic threat to the rule of law in a given Member State, and provide additional legitimacy to the European Commission for initiating rule of law infringement actions and to the CJEU for ruling on such matters.

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