Právo alebo milosrdenstvo? Domovská príslušnosť ako základný princíp sociálnej starostlivosti v Uhorsku.

Author(s): Gabriela Dudeková Kováčová / Language(s): Slovak Publication Year: 0

Domovská príslušnosť, respektíve domovské právo, predstavuje zdanlivo parciálny pojem z dejín štátu a práva, ktorý súvisí so špecifickou problematikou štátnej príslušnosti a obecnej samosprávy. Podrobnejšie štúdium však odhaľuje, že problém domovskej príslušnosti bol nerozlučne zviazaný s organizáciou systému sociálnej starostlivosti, respektíve chudobinstva, a to osobitne v dlhom 19. storočí, počas ktorého sa uskutočnili podstatné reorganizácie správy a spôsobu starostlivosti o chudobu. Príslušnosť k domovskej obci sa stala základným princípom v systéme sociálnej starostlivosti v Uhorsku, hlavným výberovým kritériom, na základe ktorého miestna (obecná či mestská) samospráva rozhodovala, komu udelí sociálnu výpomoc alebo dlhodobejšiu podporu. Zásada, že bezprostrednú sociálnu výpomoc má núdznemu poskytnúť jeho domovská obec, bola v Habsburskej monarchii legislatívne zakotvená prinajmenšom od 16. storočia, ale až v druhej polovici 19. storočia sa stala súčasťou zákona o obciach ako povinnosť obcí, z čoho pre obyvateľov vyplývala nárokovateľnosť na tento druh pomoci. Domovské právo podľa ustanovení zákona malo totiž zaručovať právo na nerušený pobyt v obci, a v prípade sociálnej núdze aj sociálnu výpomoc respektíve starostlivosť zo strany obecnej samosprávy.

Обявлението за доброволна прозрачност и договорът за обществена поръчка

Author(s): Ilonka Goranova / Language(s): Bulgarian Publication Year: 0

The current national legal framework allows contracting authorities and contracting entities to publish a notice for voluntary ex ante transparency in cases following outside the scope of the Public Procurement Act. Thus, they express their intention to conclude a contract, describe its subject and indicate the economic operator they have selected. Under the express will of the Bulgarian legislator, the notice for voluntary ex ante transparency is an individual administrative act, the legality of which can be appealed before the Commission on Protection of Competition. The publication of a notice for voluntary ex ante transparency and its entry into force preclude subsequent requests for destruction of the concluded contract.

"Гражданската конфискация" и отнемането на незаконно придобито имущество по чл. 53 от наказателния кодекс в светлината на последните законови промени

Author(s): Spas Panayotov / Language(s): Bulgarian Publication Year: 0

This publication provides a brief overview of the evolution of the Institute of Forfeiture of Illegally Acquired Assets under the Special Asset Forfeiture Act to the State, without claiming a detailed study of the historical development of the Institute. This review aims to outline the main characteristics of the institute, thereby clarifying its independent and independent character from other similar procedures existing in our domestic legislation, to outline the impact of European law on our domestic legislation, the legislative progress achieved and to focus on its preventive function as an instrument in the fight against crimes that have the potential to generate benefits for their perpetrators. The other objective of the study is to clarify the fact that the latest legislative changes are not a step backwards, but have been undertaken in order to differentiate the functions of the two anti-corruption bodies.

Защитата на правото на синдикално сдружаване като специфичен вид предварителна престъпна дейност

Author(s): Yanaki Yanakiev / Language(s): Bulgarian Publication Year: 0

The protection of the right to join a trade union was established in the penalty code for the first time with the changes of August 2023. The report draws attention to the issues related to the historical development of the right to trade union and those concerning the international and domestic legal framework in which it develops. In the second part, the legal characteristics of the right to trade union association and its peculiarities are examined. The third part is devoted to the norm of Art. 174b, the signs of composition regarding its object, objective side, subject, subjective side were researched. Some shortcomings in the text are noted, as well as an option to overcome them. In the last part, the norm of para. 2, Art. 174b is considered as a specific type of preliminary criminal activity.

Protection of the EU and the National Financial System against Money Laundering and Terrorist Financing

Author(s): Savina Mihaylova-Goleminova / Language(s): English Publication Year: 0

This chapter presents the key aspects of preventing abuse of the European Union’s financial system for money laundering and terrorism purposes, including organisation of the national system to counter money laundering, terrorist financing, and proliferation financing. Prevention of the use of the financial system for the purposes of money laundering or terrorist financing is highlighted, including OECD measures, the practice of Bulgarian courts, etc.

„УПОТРЕБЉИВОСТ“ СИЛЕ ЗА ОСТВАРИВАЊЕ СПОЉНОПОЛИТИЧКИХ ЦИЉЕВА У 21. ВЕКУ: РУСКЕ ИНТЕРВЕНЦИЈЕ У ГРУЗИЈИ (2008) И НА КРИМУ (2014)

Author(s): Vladimir Trapara / Language(s): Serbian Publication Year: 0

One of the achievements of international law in the 20th century is the outlawing of the threat and use of force as a foreign policy tool, with the exception of self-defense and collective UN actions. Nevertheless, the use of this tool remains widespread in international relations in the 21st century, although due to changed circumstances, it often does not bring the desired results and is even counter-productive. The author argues that the use of force, under certain conditions, can be an effective means of achieving foreign policy goals in the 21st century as well. These conditions are as follows: that in addition to the classical engagement of military forces, the use of force should be accompanied by a combination of various non-military means (so-called "hybrid warfare"); that the use of force should be provided with some kind of, at least, quasi-international legal framework; that the identity context of the area where force is applied should be taken into account. By examining two successful cases of Russia's use of force - in Georgia (2008) and Crimea (2014), the author seeks to show the following: how Russia met the above conditions and achieved greater efficiency than in some other cases of the use of force in the 21st century; how Russia made progress in the doctrine and practice of the use of force in the period 2008–2014, which resulted in the greater efficiency of the Crimean intervention compared to the Georgian one.

ЗАБРАНА ОРУЖЈА ЗА МАСОВНО УНИШТЕЊЕ: ОД ЖЕНЕВЕ ДО ЊУЈОРКА ВЕК КАСНИЈЕ

Author(s): Vesna Knežević-Predić,Miloš Hrnjaz / Language(s): Serbian Publication Year: 0

The origins of the ban on weapons of mass destruction should be sought in the ethical condemnation of the use of poison weapons that preceded the emergence of modern international humanitarian law. The process of transforming this ethical condemnation into a more precise, multilateral, treaty ban began at The Hague Conference in 1899, and could be completed with the entry into force of the Treaty on the Prohibition of Nuclear Weapons, adopted in New York in 2017. The adoption of treaties aimed at a comprehensive ban on weapons of mass destruction has been marked by numerous processes that are specifically highlighted in this study: the gradual expansion of the material and personal scope of application of these treaties; the gradual creation of awareness of the legal obligation to refrain from the use of weapons of mass destruction, the existence of which is no longer disputed in relation to biological and chemical weapons, but remains controversial in relation to the use of nuclear weapons; the active participation of international organizations (the League of Nations, the United Nations, the International Committee of the Red Cross, and more recently international non-governmental organizations).

THE CASE CONCERNING LEGALITY OF USE OF FORCE BEFORE THE INTERNATIONAL COURT OF JUSTICE - 20 YEARS AFTER THE NATO INTERVENTION IN YUGOSLAVIA

Author(s): Duško Dimitrijević / Language(s): English Publication Year: 0

The Federal Republic of Yugoslavia filed on 29 April 1999 Applications before the International Court of Justice (ICJ) against ten NATO member States: the United States of America, the United Kingdom of Great Britain, France, Germany, Italy, Belgium, the Netherlands, Canada, Portugal and Spain. These Applications required the determination of the responsibility of these States for the wrongful acts committed during the armed intervention in connection with violations of the principle of the prohibition of the use of force against sovereignty, territorial integrity and independence of States (crimes against peace), then violations of the rules and principles of war and humanitarian law (war crimes), and obligations established by the Genocide Convention (crimes against humanity and international law). In the following study, the legal arguments of the parties presented in the proceedings were analyzed. Also, the study provides an analysis of the legal bases offered for the establishment of the ICJ jurisdiction, as well as the decisions made by the ICJ on that occasion with which it declared the lack of its jurisdiction. However, irrespective of this fact and circumstances that it had not decided on the merits of the dispute, the ICJ did not exclude the responsibility of the NATO member States for violating the general international law. In that sense, its conclusion is consistent because it confirms the rule that the States have remained “in all cases responsible for acts attributable to them that violate the rights of other State”. Therefore, the re-examination of the case concerning legality of use of force before the ICJ twenty years after the armed attack on Yugoslavia is in line with the efforts of the Republic of Serbia (as the legal successor of the SFR Yugoslavia, Federal Republic of Yugoslavia and State Union of Serbia and Montenegro) to resolve all outstanding issues from the past, which is a prerequisite for building a new and more peaceful world.

On Thin Ice: Striking a Balance Between Freedom of Expression and Freedom of Religion in Europe

Author(s): Ioannis Karkalis / Language(s): English Publication Year: 0

The Strasbourg Court in dire straits confronted with the dilemma of choosing between two equally protected freedoms in Europe: freedom of expression and freedom of religion. They’re both values of major importance for the European -and not only- civilization that cohabit and at the same time collide within the periphery of a difficult coexistence. More often than not, expressing oneself freely hurts religious conscience; the latter, if protected in an absolute manner, by definition neutralizes -or even annihilates- free expression of thoughts and ideas. The contours of both freedoms are obscure. No surprise there; time and again, the ECtHR has been trying to settle the boundaries capitalizing on a baby step, case-by-case approach. In the European mosaic of civilizations, religions and cultures, such a work is not only demanding and arduous; it is also complex and multifactorial. At the end of the day, it as well integrates policy concerns, tightly attached to a European unity-in-diversity safety net promoting cohesion. This presentation argues that the Strasbourg Court’s case-law on free expression and protection of religion, in his attempt to dodge a bullet and fill existent legal gaps, interestingly incorporates in the interpretation of the ECHR extra-legal factors that lie outside the realm of legal reasoning and that such an approach can be traced in its pivotal case-law.

Bridging Regulatory Gaps, Rethinking Integration Policies, and Arranging Good Practices for Unaccompanied Children in The European Framework

Author(s): Cinzia Valente / Language(s): English Publication Year: 0

This paper addresses the urgent issue of migrant children, particularly unaccompanied minors, migrating from non-European countries to European states. These children face significant vulnerabilities due to their foreign and minority status as well, as a lack of a legally responsible adult. The study underscores the necessity of enhancing protection measures to safeguard their fundamental rights and facilitate their integration into the host community. The absence of specific legislation at he international and European levels, coupled with fragmented national laws, impedes the implementation of effective and standardized solutions. Lawmakers are confronted with complex challenges, including the identification of minors, tracing parents or family members, appointing guardians or providing foster care, ensuring access to healthcare and education, and establishing procedures for repatriation or long-term reception. This essay aims to address these challenges and reconstruct the fragmented legal landscape by conducting a comparative analysis of the Italian legal framework and those of other European countries, with a particular focus on age verification, the reception system, and guardianship appointments, taking into account the relevance of operational rules and soft law. The conclusions will highlight the critical issues within the current legal landscape and emphasize the necessity for cooperation among key stakeholders (state and local entities, public and private institutions) and the minors themselves.

THE EFFECTS OF BLENDED LEARNING IN TEFL

Author(s): Angela Calaraş / Language(s): English Publication Year: 0

: The given article dwells on the concept of blended learning as an innovative learningmodel that effectively combines face-to-face and online learning formats. It is an attempt to show different linguists' approaches to define the term "blended learning" and distinguish it from other learning models.The work also highlights the advantages and disadvantages of blended learning in the educational process

Hanefî Mezhebinin Şâfiî Mezhebinden İlkesel Düzeyde Arz Ettiği Bazı Farklılıklar ve Bu Farklılıkların Pratik Sonuçları

Author(s): Salih Tuğ,Abdullah Kahraman,Ferhat Koca / Language(s): Turkish Publication Year: 0

İslâm hukukunun temel ilkeleri itibariyle dinî karakterli olduğu bilinen bir husustur. Başlangıç, oluşum ve gelişme aşamalarında da söz konusu hukukun dinî karakteri her zaman belirleyici olmuştur. Durum böyle olunca İslâm hukukunun geliştirilmesi ve uygulanması gibi görevlerle yükümlü olan yetkin bilginler (müçtehitler) bağımsız ve serbest akıl yürütme yerine daha çok nass denen dinî metinlere bağımlılık hissetmiş, yorum ve önerilerini nasslarla bir şekilde ilişkilendirmeye ya da nassların bünyesine dâhil etmeye azamî gayret göstermişlerdir. İşin içine yorum girince aynı konuda birden fazla ihtimalin kaçınılmaz olduğu gerçeği ortaya çıkmıştır. Farklı yorumlar daha sonra mezhep adı verilen hukuk ekollerinin meydana gelmesine zemin hazırlamıştır. Aynı konudaki farklı yorumların artması zaman zaman hukukî istikrarı tehlikeye sokacak boyutlara ulaştığından mezheplerin teşekkülü dinî-hukukî olduğu kadar aynı zamanda sosyal ve psikolojik zorunluluk hâline gelmiştir.

РОЛЯТА И ЗНАЧЕНИЕТО НА МЕЖДУНАРОДНОТО МОРСКО ЧАСТНО ПРАВО В БЪЛГАРСКАТА ПРАВНА СИСТЕМА

Author(s): Diana Marinova / Language(s): Bulgarian Publication Year: 0

Private international maritime law (PIML) is closely related to the private international law of the Republic of Bulgaria as a whole and represents a set of legal norms governing private legal relations with an international element, in the regulation of which more than one state is interested. The subjects of these legal relations are private individuals – natural or legal persons, and not states, state-like entities, international organizations. In this respect, they differ from the subjects of public international maritime law (PIML). Examples of such subjects are shipowners, shippers, consignors, document consignors, charterers, sea carriers, sellers and buyers under “maritime sales” (distance sales, in connection with which contracts for international carriage of goods by sea “FOB”, “CIF”, etc. are concluded), forwarders, agents, maritime brokers – at freight exchanges (brokers), stevedores, etc.

ПРИЗНАВАНЕ, ИЗПЪЛНЕНИЕ И ПОСТАНОВЯВАНЕ НА АКТОВЕ ЗА ОБЕЗПЕЧАВАНЕ НА ИМУЩЕСТВО

Author(s): Mila Ivanova / Language(s): Bulgarian Publication Year: 0

The report analyzes the conditions for the recognition and enforcement of orders freezing property. It considers the recognition and enforcement of these orders when they have been issued in another Member State of the European Union.

THE LEGAL REGIME FOR THE TAXATION OF BUSINESS PROFITS IN THE LIGHT OF THE OECD1 MODEL CONVENTION ON INCOME AND CAPITAL TAXES

Author(s): Alexandru Armeanic,Anatolie Cananău / Language(s): English Publication Year: 0

The OECD Model Convention on Income and on Capital Taxes deals in Article 7 with the tax treatment of profits of enterprises from economic activities, with the exception of those from shipping and aviation (set out in Article 8). The research also carried out a correlative analysis of other articles of the Convention, given the importance, as an interpretative component, of the application of the provisions of Article 5 (on permanent establishment) with those of Article 7 (profits of enterprises). The correct application of Article 7 is conditional on a proper understanding of the concept of permanent establishment, and numerous arguments are put forward in support of this assertion. This is apparent from the very structure of the first paragraph of Article 7, which lays down the rule for taxation of profits from business activities by the State of residence. There is an exception in this case: where the taxable person carries on business activities using a permanent establishment situated in the source State, the right of taxation accrues to the source State, but only in respect of those profits which arise from activities carried on in the permanent establishment. In other words - the source State will not be able to tax profits arising from business carried on in the territory or to the extent that they do not arise from activities carried on at the permanent establishment.

Правно тълкуване и/ или изкуствен интелект

Author(s): Georgi Mihaylov / Language(s): Bulgarian Publication Year: 0

The report examines the challenges that the changed reality of life poses to law, its interpretation and application. It focuses on technological progress and the interaction of law with artificial intelligence. On the one hand, there are the indisputable benefits of artificial intelligence, and on the other - the need to preserve the human nature and adaptability of law, most clearly expressed in the interpretation activity. The fundamental question is addressed: Should artificial intelligence replace interpretation in law, or is a functional balance possible?

Основният трудов договор – ахилесовата пета на висшето образование в България

Author(s): Hristo Stanev / Language(s): Bulgarian Publication Year: 0

The development of higher education in Bulgaria in crisis conditions is directly related to the development of the academic staff in higher schools. The academic staff is the highly qualified teaching, scientific-teaching, research, or artistic-creative staff that provides the educational, scientific, artistic-creative, and any other activity corresponding to the specifics of the specific higher school. The status of academic staff is acquired with the conclusion of a basic employment contract according to labor legislation, taking into account the specifics of higher education. The correct understanding of the definition of a basic employment contract and its lawful application in the system of higher education is a prerequisite for creating the necessary conditions for its sustainable development, regardless of whether it is in a crisis or boom. It turns out that with the applied deviations from the legal requirements, conditions are created for influence in the management of the autonomous higher schools, which distorts the implemented state educational policy. This report aims to examine the interrelationship of the concept of "basic employment contract" with the creation of conditions for developing higher education in crisis conditions. The study focuses on public higher education institutions, which does not mean that it is not also applicable to research institutions and private higher education institutions. Based on the analysis, corrective measures are also proposed for the unambiguous application of the concept of "main employment contract" in the higher education system.

Nemogućnost ostvarivanja prava na reparacije i pravnu zaštitu za žene žrtve seksualnih zločina počinjenih u toku rata na teritoriji bivše Jugoslavije

Author(s): Not Specified Author / Language(s): Serbian Publication Year: 0

Threats Model for the Security of Personal Data During Their Processing

Author(s): Serghei Ohrimenco,Svetlana Apachita,Eduard Ryzhkov,Lyudmila Rybalchenko / Language(s): English Publication Year: 0

The article describes the main steps to form a model of threats to the security of personal data during their processing in information systems. Particular attention is paid to the deliberate actions of the violator, which lead to damage to the interests of the individual, society and the state. The results of the analysis of existing methods and standards are presented, including: ISO 27005-2022, The STRIDE Threat Model, NIST Special Publication 800-37. The hierarchical intruder model is described as one of the sources of threats along with malware carriers and bookmarks, the definition and description of attack channels.

НОВИ ПРАВИЛА ПРИ ИЗПЛАЩАНЕТО НА ТРУДОВИ ВЪЗНАГРАЖДЕНИЯ

Author(s): Andrey Alexandrov / Language(s): Bulgarian Publication Year: 0

The legal regime of labour remuneration (its components, determination, modification and payment, making deductions, etc.) poses a number of practical problems. That is why it shows relatively high legislative dynamic, which in the last two years is mostly connected with the desire to limit work in the "gray" sector, i.e. curbing the vicious practice of paying salaries in cash in order to "save" taxes and social insurances. The increase in the relative share of bank payments makes the movements of the amounts traceable and is a kind of guarantee for their accountability. The purpose of the present study is to seek an answer to the question whether the implemented legislative policy is effective enough and whether it is able to solve the existing problems.