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Bosna i Hercegovina - 15 Godina Dejtonskog Mirovnog Sporazuma. Medunarodni Simpozijum – Knjiga Sazetaka

Bosna i Hercegovina - 15 Godina Dejtonskog Mirovnog Sporazuma. Medunarodni Simpozijum – Knjiga Sazetaka

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

By producing his most important work "L'Esprit des lois", Montesquieu showed th at the strength of a law is in the spirit that it carries. It is of decisive importance that the law is not simply a mechanistic sum of various influences that have been gathered in one place, but that it combines historical conditions making it consistent. And then the law makes sense and only within the context of realm of reality, set in such manner, it is enforceable. The law, which would be immediately taking over the text of a 'legal science's modern state' does not seem to make sense, as equally as the composition which would be composed on the principles of aesthetics and art theory, and that would not have contained the creative impulse of the spirit of freedom. The Dayton agreement is not the law, but it represents a kind of legal document which has been derived from a certain political will. In this sense, its topicalising can not be primarily based on positive law's issues. Discussing the Dayton agreement as the legal act, unless it has been fully understood in the context of positive law, debate, on these grounds, must remain ineffective an d may not rep resen t the basis of perspective construction of Bosnia and Herzegovina as an orderly society in the state form. As an agreement th a t stopped a war, this document is more a political ac t representing a form of political agreement or a compromise that aims, above all, at the giving of a possibility for creating new perspectives of Bosnian society, which no longer should be based on conflict and violent forms of resolving political issues.

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Корупционни индекси. Регионален мониторинг на корупцията в Албания, Босна и Херцеговина, България, Македония, Румъния, Хърватска, СР Югославия
Март 2001

Корупционни индекси. Регионален мониторинг на корупцията в Албания, Босна и Херцеговина, България, Македония, Румъния, Хърватска, СР Югославия Март 2001

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

The present report outlines the key findings of the Regional Corruption Monitoring carried out in seven countries of South Eastern Europe – Albania, Bosnia and Herzegovina, Bulgaria, Macedonia, Romania, the Federal Republic of Yugoslavia (Serbia and Montenegro), and Croatia. The surveys conducted in these countries were based on the methodology of the Corruption Monitoring System of Coalition 2000 and marked the beginning of the implementation of a Regional Corruption Monitoring System. The main goal of this comparative analysis of the seven countries from the Balkan region is to show the public significance of the problem of corruption and the extent to which corruption has penetrated into the various elements of society.

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Корупционни индекси. Регионален мониторинг на корупцията в Албания, Босна и  Херцеговина, България, Македония, Румъния, Хърватия и Югославия Април 2002

Корупционни индекси. Регионален мониторинг на корупцията в Албания, Босна и Херцеговина, България, Македония, Румъния, Хърватия и Югославия Април 2002

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

The report presents key findings about the level of corruption and corruption related perceptions in a cross country perspective. The analysis is based on national sample (n=1000) surveys of the population aged 18 and over in seven countries of Southeast Europe. It also includes comparative data from the 2001 survey conducted using the same methodology.

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LJUDSKA PRAVA I PRAVOSUĐE U BOSNI I HERCEGOVINI (2011-2012) - Izvještaj o provedbi preporuka u sektoru pravosuđa u BiH iz Univerzalnog periodičnog pregleda Vijeća za ljudska prava Ujedinjenih nacija

LJUDSKA PRAVA I PRAVOSUĐE U BOSNI I HERCEGOVINI (2011-2012) - Izvještaj o provedbi preporuka u sektoru pravosuđa u BiH iz Univerzalnog periodičnog pregleda Vijeća za ljudska prava Ujedinjenih nacija

Author(s): Adam Shephard,Edina Pirija,Elma Demir,Jasmina Omičević,Maja Sahadžić,Maja Šoštarić,Milena Savić,Saša Madacki,Sanela Rondić / Language(s): Bosnian

Since its inception in 1948, with the creation of the Universal Declaration of Human Rights, international human rights regime was based on traditional mechanisms of protection of rights developed by the United Nations (UN), which gave a significant role to the states. Namely, the states are primary actors not only in the international processes of implementation and monitoring of human rights but also in guaranteeing the rights and running the process of self-monitoring and reporting. In the absence of capacities of the UN bodies to directly monitor the human rights situation in all Member States, when member states fail to be sufficiently self-critical, NGOs, whose fundamental role is to monitor and report on human rights protection and advocate for better protection thereof by local government institutions and international organizations, play an important role. Efficient protection of human rights requires a strong engagement of civil society at both, national and international levels, as civil society organizations are the only entities that continuously monitor the situation on the ground and work on raising awareness about existing rights and call the decision makers for accountability in case of their violation. In this way, the United Nations (UN) revised the process of monitoring and reporting on human rights in 2008 by creating the Universal Periodical Review (UPR) as the new international instrument in fight for human rights, which the UN Human Rights Council applies in order to monitor condition of human rights in member states. Recognizing the importance of the Universal Periodic Review (UPR) as a new international instrument for fight for human rights, as well as the new role non-governmental organizations got, the Justice Network in Bosnia and Herzegovina adopted the UPR as a tool in their work already in April 2010. After consultations between the members, the Justice Network joined the UPR process through the development of UPR recommendations for BiH, which were presented by a three-member Delegation of the Justice Network on the 14th session of the UN Council for Human Rights held on 11 June 2010 in Geneva. In addition to the preparation of recommendations and presentation thereof in Geneva, the Justice Network organized and delivered training on this mechanism for representatives of civil society and the justice sector. Also, two roundtables were organized for the same target group, one in Sarajevo and one in Banja Luka, in which conclusions have been defined for more effective implementation of UPR recommendations in the BiH judiciary. Starting from these conclusions, during strategic planinng activities of the Network in 2010 it was agreed that monitoring and reporting on human rights condition in domestic and international institutions as their primary form of action. In this way, Justice Network - which brings together 57 non-governmental organizations whose primary objective is to support government institutions in strengthening the efficiency, independence and accountability of the judicial system of Bosnia and Herzegovina, as well as quality information, education and advocating for the interests of citizens in the justice sector - has identified monitoring and reporting on human rights as an essential mechanism by which it seeks to realize its goals. Development of judicial system in BiH, which effectively protects human rights and promotes the rule of law is not possible without a detailed and continuous evaluation of the system for monitoring of compliance of national legislation with international standards. To this end, a Working Group responsible for development of a “Universal Periodic Review” (UPR) on the situation of human rights in Bosnia and Herzegovina was established, which conducts monitoring of justice sector institutions responsible for implementation of the recommendations from UPR since 2010, which Bosnia and Herzegovina assumed in the field of justice. Representatives of the Association for Democratic Initiatives, the Center for Information and Legal Aid of Zvornik, the Human Rights Centre of the University of Sarajevo, the Association of Prosecutors of FB&H, the Association of associates and advisers in the courts and prosecutor offices in BiH, the BiH Association of Judges, and the Association “Women to Women” have worked jointly on monitoring the implementation of recommendations of the UN Council for Human Rights in judicial sector of Bosnia and Herzegovina. As a result of this work a publication titled Human Rights and Judiciary in Bosnia and Herzegovina: A report on implementation of the recommendations for justice sector in Bosnia and Herzegovina from the Universal Periodic Review of the UN Human Rights Council (2011 - 2012) was developed for second time. The Report on Human Rights and Judiciary in Bosnia and Herzegovina is a continuation of work on the application UPR mechanism, but at the same time, it is also a unique publication of this kind. The aim of publishing of this report is to give an insight into the process of implementation of recommendations issued by the UN Council for Human Rights, or by its member states, which were created in a process of Universal Periodic Review (UPR). Monitoring of implementation of the UPR recommendations by the members of the Justice Network focuses on the judicial system, and includes only those recommendations that have been identified as crucial for improving the justice sector in BiH. In addition to making a general review of protection of human rights through the judiciary, the authors also identified recommendations for decision makers aimed at encouraging the authorities to apply UPR recommendations in justice sector more efficiently and promptly in order to fulfill the assumed commitments of Bosnia and Herzegovina towards the international community and its citizens. We hope that this report will be a useful source of information not only to judiciary but also to NGO sector, and we hope it will initiate and develop the interest of civil society organizations in taking concrete actions in the field of justice. Justice Network will certainly continue its activities aimed at monitoring of human rights protection in the justice sector, and will seek to develop further activities related to reporting to local government institutions and international organizations within the Universal Periodical Review (UPR). Taking as a basis the results of monitoring of the human rights situation in Bosnia and Herzegovina as evidenced in the Report, the Justice Network will implement advocacy activities, and also encourage activities that allow a stronger influence of citizens through civil society organizations in the process of making of new decisions and implementation of existing regulations in the field of justice. In this way, the Justice Network will give its contribution in encouraging an active participation of its members and civil society in the development of an independent, efficient, accountable and lawful actions of the judiciary in Bosnia and Herzegovina. We use this opportunity to thank all those who were involved in the preparation of analyses and development of this publication. Special thanks goes to the U.S. Agency for International Development (USAID), which provides technical support to the BiH Justice Network and its members through the Justice Sector Development Project II (JSDP II).

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Новият закон за противодействие на корупцията - предизвикателства и перспективи

Новият закон за противодействие на корупцията - предизвикателства и перспективи

Author(s): Jordan Georgiev Deliversky / Language(s): Bulgarian Publication Year: 0

Corruption is a major factor for causing difficulties in functioning of any country, and the presence of an increased corruption risk forms a negative impact at regional and international level. Bulgaria does not make an exception in that remark, as the county also faces current challenges. This requires certain resultative actions to be applied for dealing with the increase of corruption risk and for providing adequate countermeasures against corruption practices. In response to the indications of a widespread corruption, which could be seen not only via external monitoring and analysis of processes in the Bulgarian society, but also through an internal assessment of public environment, steps towards change of the legal framework have been introduced by series of legislative initiatives and actions. These steps aim to create an adequate mechanism to counteract the corruption. The article identifies present challenges towards introducing new legal approach in counteracting the corruption. It presents the perspectives that have to be supported for achieving higher efficiency of anti-corruption measures.

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Функциониране и предизвикателства пред информационната система за морска сигурност

Функциониране и предизвикателства пред информационната система за морска сигурност

Author(s): Krasimir Kostadinov / Language(s): Bulgarian Publication Year: 0

The report examines the information systems of the main structures of Bulgaria, used to obtain information and build a familiar picture of the maritime spaces. Their possibilities and features of functioning are analyzed. A vision for integrating information and increasing the capabilities of structures to ensure the maritime security of the Bulgarian state is presented.

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The Environmental Consequences of Military Activity

The Environmental Consequences of Military Activity

Author(s): Ramil Akhundov / Language(s): English Publication Year: 0

he military activity of m odern states poses a special danger to the ecological state due to the specificity of means and methods of achieving the set goals. However, in modern conditions, not only military operations, but also everyday activities of troops have irreparable consequences for nature. The article examines the impact of modern warfare and military activities on the structure and functioning of ecosystems. The consequences of military conflicts and daily military activities on the environment were examined. It is brought to the attention that the above-mentioned activities have an overwhelming negative impact on the structure and functioning of the ecosystem. However, it is emphasized that along with the negative impact, there is also a positive impact of military activities on environmental security. Thus, military activity was favorable for the environment under certain conditions, for example, when an exclusion zone was created, which usually led to an increase in the number or restoration of the populations. Due to the limited access to research results on issues related to military activities, information related to the impact of military operations on the environment is relatively scarce and is often studied years after the cessation of military activities and without knowledge of the initial conditions. This highlights the importance of conducting additional research on the environmental impact of military activities, which will help identify opportunities to mitigate negative consequences, while informing the development of optimal rehabilitation and recovery strategies.

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Новото световно безредие

Новото световно безредие

Author(s): Lyubomir Kyuchukov / Language(s): Bulgarian Publication Year: 0

The erosion of the post-war world order does not necessarily lead to the establishment of a new one, it rather creates a new world disorder. The existing order is based on international institutions (first and foremost – the UN system) and international law, but no such new ones are set up. However, the war in Ukraine will have a long-term negative effect on world’s developments: whenever and however it takes an end, provided that it does not evolve into a global conflict, we will have to face a deeply divided, confronted and militarised world, dominated by policies, based on the position of force and a fight over spheres of influence, with no mutual confidence and no prospect for political dialogue.

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Права на артист-изпълнителите върху търговски марки

Права на артист-изпълнителите върху търговски марки

Author(s): Silviya Todorova / Language(s): Bulgarian Publication Year: 0

The subject of this paper is the rights of the performing artists for their names, pseudonyms and other distinctive signs of the artist such as autograph, face, name of the work, etc. A study of applied for and registered trademarks of ten world-famous performers (singers) was carried out to ascertain the presence or absence of intellectual property rights. The number of trademarks at the national, European and international level has been identified, and the goods and services in which the trademarks are registered have been extracted. The role of trademarks as a business identifier that provides their holders with identification and differentiation from other artists in the market is indicated. Conclusions and recommendations are formulated on the basis of the implemented research.

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Авторскоправна закрила на традиционните културни изрази

Авторскоправна закрила на традиционните културни изрази

Author(s): Polina Stoyanova / Language(s): Bulgarian Publication Year: 0

Traditional cultural expressions represent the "living" cultural heritage of humanity, which is passed down from generation to generation. The study analyzes the scope of the concept of "traditional cultural expressions" in the context of the contemporary international framework of WIPO and UNESCO. The copyright protection of traditional cultural expressions according to the main international treaties and the Bulgarian Copyright and Neighbouring Rights Actis considered. The object of the research is traditional cultural expressions. The subject of the study is the copyright protection of traditional cultural expressions. The author's goal is to present the copyright protection of traditional cultural expressions as an opportunity for economic realization in the creative and cultural industries.

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Изобретения, създадени от световноизвестни личности в сферата на музикалния и филмовия бизнес

Изобретения, създадени от световноизвестни личности в сферата на музикалния и филмовия бизнес

Author(s): Vladislava Pacheva / Language(s): Bulgarian Publication Year: 0

The subject matter of this paper are patented inventions owned by world-famous personalities. The nature of inventions and ways of protecting innovative products in the music and film business as inventions are outlined. Patent protection of inventions under national patent laws is identified, as well as exceptions to protection. It analyses the role of inventions as a fundamental object of industrial property, which provides its owner with a monopoly advantage and provides him with various opportunities for realization and profit. Examples are given of inventions created by world-famous personalities such as musicians, producers, and actors.

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Усъвършенстване на политиката за насърчаване на дарителството и меценатството в Република България

Усъвършенстване на политиката за насърчаване на дарителството и меценатството в Република България

Author(s): Ivan Nachev / Language(s): Bulgarian Publication Year: 0

The present paper is analyzing the Republic of Bulgaria applicable to stimulating patronage legislation, as well as the economic effect over the creative industries by its application in the economy processes. The paper includes analysis of similar applicable legislations in 7 different countries, as far as such legislations exists, and additional analysis of countries policies for stimulating patronage. Countries key performance indicators are analyzed, but in limitation for those which are relevant to the success of the creative industries. The author has given recommendations for improving the Bulgarian state policy towards stimulating patronage.

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Актуални тенденции в издателския бизнес

Актуални тенденции в издателския бизнес

Author(s): Jouliana Tomova / Language(s): Bulgarian Publication Year: 0

The report explores the current state and challenges facing the publishing business in the context of dynamic and turbulent world processes, identified with exponential growth in information exchange opportunities and the development of Artificial Intelligence with wide-ranging but also narrowly specialized functions, the creative industries are at a crossroads . Questions about intellectual property in the publishing business, both in its theoretical, legal and technological dimensions, as well as in the purely practical applications that confront us with the multi-layered variability of everyday life, are posed with increasing urgency and sharpness. It is important to emphasize that intellectual property rights in the publishing business are a fundamental mechanism for protecting the creative efforts of authors, translators, art designers, illustrators, etc. from the fields of literature, science and the arts and at the same time provide an opportunity for economic stability for publishers and the publishing business. In this context, the management and protection of intellectual property rights plays a key role in the success of the publishing business.

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Справедливото компенсационно възнаграждение при свободно използване в ЗАПСП

Справедливото компенсационно възнаграждение при свободно използване в ЗАПСП

Author(s): Mehti Melikov / Language(s): Bulgarian Publication Year: 0

The article examines the challenges in overcoming a specific deficit of the Bulgarian Copyright and Neighbouring Rights Act (CNRA), preventing the collection and distribution of compensation fees for authors and publishers of any printed works, in respect of reproductions on paper or any similar medium for non-commercial purposes, under the terms of Art. 25, para. 1, item 1 CNRA. Given the free nature of the use for personal purposes under the statutory rules, it is accepted that the compensatory remuneration should be collected indirectly when it is included in the price of goods or services related to such use. In this context, account should be taken of the fairness of the mechanisms for collecting compensation remuneration and their relationship to the intrinsic nature of the use. Taking into account the nature of compensation remuneration and on the basis of available market data on the nature of the actual use, the article points to ways of finding fair compensation mechanisms and the place of authors and publishers as beneficiaries of such compensation.

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Сервитути за енергийни обекти

Сервитути за енергийни обекти

Author(s): Gergana Boyanova / Language(s): Bulgarian Publication Year: 0

Easements for energy objects are distinguished by a number of characteristic features according to Bulgarian legislation. A key place among them is their nature as a type of limited property rights, which have undergone a change with the development of social relations in connection with the construction and exploitation of energy objects. As a result, a new category of easement rights has emerged, which theory and practice define as "quasipersonal". They are established for the benefit of certain persons in view of their activities, and not in view of the use of a specific property. The easements that arose during the operation of the repealed laws retain their effect if the energy objects are built in compliance with the relevant rules and norms. The Energy Act provides a special regime for the creation of these easements, as well as some restrictions related to their exercise. An essential feature is that the gratuitous exercise of easements for energy objects is permissible only as an exception, if it concerns real estate - public property.

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Правна закрила на общоизвестните търговски марки и марки ползващи се с известност в страна с многомилионно население. Индийска правна система

Правна закрила на общоизвестните търговски марки и марки ползващи се с известност в страна с многомилионно население. Индийска правна система

Author(s): Mihaela Mihailova / Language(s): Bulgarian Publication Year: 0

India is one of the few countries in the world with a definition of "well -known" in its national trademark law. India is also one of the last countries to ratify the WTO Agreement on Trade-Related Aspects of Intellectual Property. What are the legal and economic reasons for India to opt for a legislative approach for prior administrative registration of 'well-known' trademarks, given that the countries of the European Union abandoned this legal institution in their laws a decade ago?

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Подобренията в съдебната практика на ВКС: особени хипотези

Подобренията в съдебната практика на ВКС: особени хипотези

Author(s): Delyan Nedev / Language(s): Bulgarian Publication Year: 0

Some decisions of the Supreme Court of Cassation are examined in this article, related to special hypotheses of property improvement: impensae voluptariae, the improvements made by the owner of mortgaged property, the liability in case of transferring the property or the possession, the extinctive prescription for the claim of the tenant.

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Относно задължението на държавата за осигуряване на основното право на свободно предвижване

Относно задължението на държавата за осигуряване на основното право на свободно предвижване

Author(s): Vasil Iliev / Language(s): Bulgarian Publication Year: 0

The article will examine the issue of the basic obligation of the state to ensure the basic right of free movement regulated in Art. 35, paragraph 1 of the CRC in the application of Art. 162 RTL. A review of the practice of the Constitutional Court of the Republic of Bulgaria regarding the provision of the right to free movement will be carried out. In conclusion, a reasoned conclusion will be reached, does it contradict Art. 162 RTL of the Constitution of the Republic of Bulgaria. The question will be raised regarding the need for de lege ferenda of Art. 162 RTL in the part in which it covers the application to Bulgarian citizens with a foreign national license to drive a motor vehicle, issued by a country that is not a member of the European Union, or by another state party to the Agreement on the European Economic Area, or from the Swiss Confederation.

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Eвропейската прокуратура като елемент от институционалния подход за защита на финансовите интереси на EС – специфики при интеграцията в националната правораздавателна система

Eвропейската прокуратура като елемент от институционалния подход за защита на финансовите интереси на EС – специфики при интеграцията в националната правораздавателна система

Author(s): Krastyo Dyulgyarski / Language(s): Bulgarian Publication Year: 0

This report provides an overview of the European Public Prosecutor‘s Office (EPPO) in its role as an independent law enforcement body and as an element of the institutional approach to protecting the Financial interests of the EU. It analyzes key changes in the reporting and investigation of such crimes within the national judicial system following the country‘s accession as a member of the EPPO. It also outlines the specificities of the chosen approach, examining its impact on the protection of the Union‘s financial interests.

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Земно правосъдие в света на мистичното: процесът срещу „Върколака от Бедбург“ през 1589 г.

Земно правосъдие в света на мистичното: процесът срещу „Върколака от Бедбург“ през 1589 г.

Author(s): Nikolay Yanev / Language(s): Bulgarian Publication Year: 0

This text reconstructs the events leading up to the brutal execution of the German peasant Peter Stumpp, accused of making a pact with the devil and, in the guise of a wolf, committing a series of gruesome murders between 1564 and 1589 in the vicinity of Cologne. Using available sources, it presents details about the convicted man, his modus operandi, the type of victims, and other aspects to reveal a realistic crime, stripped of supernatural elements and understandable by today‘s standards of credibility. The aim is to challenge those theoretical approaches that reduce the explanation of the „witch hunts “ in the pre-modern and early modern period to a mere tool of social control. By reassessing the perspective of the prosecution, we seek to demonstrate that such seemingly fantastical trials could serve an important function—protecting society from the threat of inhuman, bestial cruelty. In the socially constructed reality of the 16th century, the „Peter Stumpp“ case provided contemporaries with as legitimate an explanation of the world as the logical frameworks of rational science do for us today.

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