„Право на права“ у теорији грађанства изван суверености

Author(s): Jelena Vasiljevic / Language(s): Serbian / Issue: 3/2017

The institution of citizenship is characterized by its ambivalence with regard to the notions (and values) of inclusion/exclusion, rights/disempowerment, belonging/otherness. Historically and conceptually, citizenship has been developing in symbiosis with the ideas of equality, freedom, protection of rights and full membership in the political community. In this respect its emancipatory legacy is beyond doubt. In addition, the critique of abstractness of human rights, mostly developed by Hannah Arendt, influenced contemporary assertions that human rights and freedoms have little significance outside the framework of the state institution of citizenship. On the other hand, one could claim that citizenship represents legalized discrimination as it a priori presupposes a distinction between citizens and non-citizens as legitimate. Moreover, as citizenship one holds predetermines to a great extent one's life chances, it can be said to occupy a „pivotal place in the over-all segmentary architecture of the nation-state system“ (Brubaker). This citizenship paradox, its simultaneous emancipative and discriminative role, reveals itself more openly when confronted with the problems of refugees, irregular migration and statelessness. This paper analyzes these tensions and questions the possibility of their overcoming within the framework of the so-called citizenship beyond sovereignty.

1950 Yılında Çıkarılan Genel Af Ve Yansımaları

Author(s): Sabit Dokuyan,Ahmet Coskun Tekin / Language(s): Turkish / Issue: 36/2017

The discussion of amnesty which begins after establishing republic becomes the main topic of conservation in different times until today. Amnesty problem which is put forward to compatible with political interest in sometimes, it is sometimes seen as a social need, too. General amnesty does not come to the fore quite a while just after two general amnesties which are granted in 1923 and 1933. The number of people increases considerably in prisons with the amount of crimes which are related to the negativity of Second World War. The subject of amnesty comes to the fore again in the free environment which is occurred by multi-party system in 1945. General amnesty which is planned to put forward by People’s Republican Party but unachievable, it is brought into action by Democratic Party government. In this study, it will be mentioned generally about the term of amnesty and it will be tried to clear up the implementation of amnesty and developments after this, discussions which happen during the granting of amnesty, the reasons of general amnesty which is granted in 1950.

735 lat zwalczania i... Rzecz o korupcji w Rosji

Author(s): Katarzyna Laskowska / Language(s): Polish / Issue: 2/2009

The phenomenon of corruption in Russia, shown in the historical perspective, is described here by changes of legislation in this matter throughout the ages. It is clearly seen that changes of legal regulation tried to penalize many new aspects of bribery and to increase of penalty. The attitude of the society, both Russian and Soviet, shows that legal regulations have been ignored not only by citizens, but also by the state’s officers. The scale of corruption now and damages it causes is an evidence that there is no effective system of protection against these crimes in Russia.

A Case of Successful Transitional Justice

Fritz Bauer and his Late Recognition in the Federal Republic of Germany

Author(s): Jakub Gortat / Language(s): English / Issue: 2/2017

Germany is an example of a country which has been implementing transitional justice for decades and is still active in this field. What is more, contemporary Germans have recently come to terms with their not-so-distant past and their negligence in this area by showing the falsehood, backwardness, and injustice as negative foundations of the young Federal Republic. This article evokes the person of Fritz Bauer, the prosecutor in the state of Hessen. His struggle for human dignity and the memory of his achievements after his death exemplify an accomplished case of transitional justice and the memory of it. During his lifetime he contributed to bringing to trial numerous Nazi criminals, even at the cost of habitual threats and disregard. Forgotten for a few decades, Bauer and his legacy have been recently rediscovered and studied. Eventually, Bauer became a movie character and was finally brought back to the collective memory of Germans. The belated, but a well-deserved wave of popularity of Fritz Bauer in the German culture memory proves that reflections on the transitional justice are still topical and important.

ACCESS TO INTERNATIONAL JUSTICE IN KOSOVO – LESSONS LEARNT

Author(s): Gamurari Loredana / Language(s): English / Issue: 2/2018

Since 1999, the accountability for human rights violations committed in Kosovo during and after the war was addressed by ICTY, UNMIK and EULEX. However, a whole set of crimes committed in the aftermath of the war were not properly addressed. The research aims to understand whether international judicial mechanisms intervening in Kosovo until today, successfully planted the seeds for the blooming of post-conflict justice. The paper adopts a qualitative approach, including analyses of cases, reports and interviews. The findings show that both international and local actors in many cases could not ensure justice for war crimes committed in the country, which brought to the conceiving of the Specialist Chambers, an extraterritorial court with no local personnel, but under Kosovo national legislation. The paper focuses on previous experiences to understand if the lessons have been learnt, showing the challenges that the new Specialist Chambers will have to overcome to bring justice.

Alternatívne tresty za drogové trestné činy na Slovensku: restoratívna spravodlivosť v praxi

Author(s): Robert Klobucký,Jozef Centéš / Language(s): Czech / Issue: 2/2017

Alternative Sanctions for Drug Law Offences in Slovakia: Restorative Justice in Practice. This study aims to map the alternative sanctions for drug law offences that are available under Slovak law and describe the use of these sanctions in practice. A drug policy development analysis and a discussion about the effectiveness of drug law enforcement is included. Attention is paid to the model of restorative justice as an alternative to the classic model of criminal justice – the retributive model. This study is based on complementary quantitative data (statistics) and qualitative data (10 expert interviews). According to our findings, the low rate of applications of alternative sanctions for drug law offences is connected with the responsible institutions' lack of competence in applying them, experts' mistrust in alternative sanctions and restorative justice, as well as the preference of public opinion for retributive law enforcement for drug law offences.

Ambulant sanctions as an alternative to imprisonment in the European Union

Author(s): Christine M. Graebsch,Sven-U. Burkhardt / Language(s): English / Publication Year: 2014

The issue of imprisonment vs. alternative penalties has been debated in various European countries during the last decades, and ambulant sanctions have been heavily on the rise. Community sentences and other alternatives to imprisonment are regarded as modern instruments for the rehabilitation of offenders. The objective of the present study is to examine the scope of application of penalties without deprivation of liberty as compared to imprisonment as well as to identify promising practices of alternative criminal sanctioning in Belgium, Bulgaria, Germany, Spain and Lithuania. As this study covers several European countries, the comparative perspective suggests itself nearly as a matter of course. In this connection, it seems reasonable to describe the existing ambulant sanctions of the different member states involved, taking into account their legal arrangement and their relation within the system of penal sanctions including their relation to the deprivation of liberty. It in addition appears sensible to describe and compare these ambulant sanctions with reference to their contribution to the re-socialisation or rehabilitation of those subjected to them as well as with special attention to the involvement of civil society in their execution. In a further step, promising practices in connection with ambulant sanctions could be highlighted which may be recommended for imitation by other member states. Such an approach proves to be impossible for multiple reasons, though, and it would be inadequate just to make such an attempt. There are exemplary references to ambulant sanctions in Belgium, Bulgaria, Germany, Lithuania and Spain. This is due to the fact that scientists from these countries have taken part in the realisation of this project but not necessarily because of specific outstanding features of their sanction systems in comparison with other member states.

An assessment of the role of the Independent Oversight Bodies in Security Sector Reform in Albania

Author(s): Arjan Dyrmishi,Besjana Kuci,Egest Gjokutaj / Language(s): English / Publication Year: 2011

This research paper analyses the independent oversight bodies (IOB) in Albania. For the purpose of this study, IOBs are defined as those institutions that are established by the Parliament and are accountable to it. They form an essential part of the democratic governance of the security sector. Along with the executive branch, the legislative branch and the judiciary these institutions contribute in holding the security sector accountable to elected civilian representatives.

Analiza komparatystyczna przestępstwa lichwy na gruncie prawa polskiego i amerykańskiego

Author(s): Marcin Wator,Daria Kucyper / Language(s): Polish / Issue: 32/2017

Contracts bearing the imprint of usury are the subject of interest to both Polish and American criminal law. Because of differentiation of these legal systems, this interest covers various aspects. The main aim of the article is to examine Polish and American legislation and to underline such assumptions from the United States criminal law system, which could be successfully transferred into the Polish criminal law.

Analiza realizacije Projekta izgradnje Državnog zatvora

Author(s): Specified No Author / Language(s): Bosnian / Publication Year: 2011

U februaru 2010. godine pet partnerskih organizacija civilnog društva potpisale su Memorandum o uspostavi mehanizama za praćenje i ocjenu provođenja Akcionog plana Strategije za reformu sektora pravde u Bosni i Hercegovini (SRSP-a) sa predsjedavajućim Konferencije ministara pravde u BiH i predsjednikom Visokog sudskog i tužilačkog vijeća BiH i Pravosudne komisije Distrikta Brčko BiH. Uspostavljeni mehanizam je jedinstven ne samo u BiH, već i u zemljama u okruženju, te se kao takav oslanja na najbolje prakse demokratskih društava zapadne Evrope u pogledu participativnog monitoringa i evaluacije javnih politika od strane organizacija civilnog društva. Pet organizacija civilnog društva potpisnica Memoranduma koje su se obavezale na provođenje sistematskog praćenja, ocjene i izvještavanja o provedbi reformskih mjera i aktivnosti Akcionog plana Strategije za reformu sektora pravde u BiH, su Asocijacija za demokratske inicijative - ADI, Helsinški komitet za ljudska prava u Bosni i Hercegovini - HK BiH, Udruženje „Vaša prava Bosne i Hercegovine“, Biro za ljudska prava Tuzla i Centri civilnih inicijativa – CCI.

Analysis of Relationship Between Favoritism and Officer Motivation: Evidence From Turkish Police Force

Author(s): Mehmet Ali Tekiner,Recai Aydin / Language(s): English / Issue: 2/2015

This study analyzes the impact of favoritism on motivation of workers, using a sample selected from the police officers and chiefs (commissars) of Turkish National Police Force. Motivation is found to be one of the most important factors of success at workplace. It is well established that any type of favoritism including nepotism would reduce the motivation of the workforce. The negative impacts of favoritism include; alienation of employees towards their institution, lack of promotion opportunities for others, lack of motivation and inefficiency due to the selection of less capable candidates for the job or position. According to literature, on the other hand, favoritism could sometimes have a positive impact on family-owned companies. As part of the study, a survey with Likert scale was conducted on 130 police officers and police chiefs in the city of Adana, Turkey. The study tests if there is a significant difference among police officers and chiefs in terms of their perception on favoritism with respect to their gender, age, position and length of service.

ANTICORRP Integrated Report

Anti-Corruption Policies Revisited: WP9 Organised crime and impact on vulnerable groups

Author(s): Salvatore Sberna,Alberto Vannucci,Tihomir Bezlov,Dimitar Markov,Maria Karayotova,Ana Hecimovic,Iva Nenadic,Munir Podumljak,Péter Gyimesi,Szidónia Nagy,Boróka Pápay,Zoltán Szántó,István János Tóth,Edona Krasniqi / Language(s): English / Publication Year: 2015

This integrated report investigates the link between political corruption and organised crime, by examining the modalities, resources and strategies used by criminal groups to govern and/or capture the market of political corruption. On the one hand, the report looks at the infiltration of organised crime in three main policy sectors where public spending and regulations play a pivotal role: public procurement, the privatization of public services, and management of EU funds. Alongside this, the report also analyses the criminal penetration of electoral politics, by evaluating the influence that criminal organisations can achieve in electoral arenas. As a result, the report provides a general assessment of policy regulations, legal countermeasures and practices adopted to prevent and combat organised crime, especially in interaction with political corruption. The report is drawn from data collected in five European countries (Bulgaria, Croatia, Hungary, Italy, Kosovo) across the above themes, and includes two more countries for the assessment of anti-organised crime legislation and initiatives (Albania and Georgia). The methodology involves both extensive and intensive strategies of investigation. A quantitative assessment of the crime and politics nexus is based on the Organised Crime & Corruption (OCC) events database, in which events data about the link between criminal groups and political corruption have been gathered and assembled1. A qualitative assessment involves in-depth understanding of the mechanisms of corrupt exchanges, presented as single case studies conducted in the countries covered by this study, inclusive of primary and secondary sources (interviews, legal proceedings, academic and policy-oriented reports). Data collection and analyses were conducted by five institutions across Europe (EUI, CSD, BCE, IKS, PSD).

Anti-Corruption Reloaded: Assessment of Southeast Europe

Author(s): / Language(s): English / Publication Year: 2014

Corruption in Southeast Europe has been in the news, in the focus of public debate, and on the policy agenda of national and international institutions so often and for so long that its scrutiny hardly needs to be justified. It is precisely because it has proven to be such an intractable issue that innovative approaches to its understanding – and hence its reduction – are warranted. The EU accession prospects for the countries in the region – though distant – provide an enabling framework for action but it is local stakeholders, and in particular civil society who can bring about sustained progress in anti-corruption. The Southeast Europe Leadership for Development and Integrity (SELDI) has made the in-depth diagnosing and understanding of corruption and governance gaps in the region one of its main priorities, as a requisite condition for its advocacy of knowledge-driven anticorruption policies. This SELDI report fits in the development and implementation framework of the emerging regional anticorruption policy and infrastructure as exemplified by the SEE2020 Strategy’s Governance Pillar run by the Regional Anti-Corruption Initiative. Despite some important achievements – mostly with respect to the stabilisation of democratic institutions, the adoption of laws in key anticorruption areas, a reduction in petty bribery and growing public intolerance of corruption – anticorruption and good governance reforms are not consolidated, corruption among elected politicians and judges seems to be increasing and the enforcement of anticorruption legislation is haphazard. Anticorruption policies and institutions in the region will benefit immensely from the adoption of regular and accurate victimisation-survey based tool for measuring corruption and the rate of progress in good governance, similar to the special Eurobarometer on anticorruption, UNODC’s SEE monitoring of corruption and organised crime, and the Corruption Monitoring System employed by this report.

Ar prasminga arešto bausmė?

Author(s): Algimantas Cepas,Gintautas Sakalauskas / Language(s): Lithuanian / Issue: 66/2009

The article is devoted to an analysis of the penalty of arrest established in the Penal Code of the Republic of Lithuania in order to reveal its essence, political context, practice of its application and the needs to retain it in the system of penalties. International recommendations propose minimizing application of penalties related to deprivation of liberty and, moreover, accentuate possible negative results of short-term imprisonment. However in a number of states short-term imprisonment (arrest) is being imposed quite often although there is a lack of empirical data either confirming or negating harmful consequences of arrest upon resocialization of the convicted. There are no researches of the aforementioned issues carried out in Lithuania, however systemicand penal-political analysis of the penalty of arrest leads to a supposition that the aforementioned penalty is capable to decrease application of deprivation of liberty in situations when imprisonment in general is being applied often. The authors formulate a position that alternative penalties and measures should predominate against arrest (short-term imprisonment), however the penalty of arrest (taking into account the personality of the sentenced) could be applied more often instead of the penalty of deprivation of liberty, especially while paying much more attention to possibilities to impose weekend-arrests.

Around the Bloc: Closed-Door Spy Trial Begins in Belarus

Author(s): TOL TOL / Language(s): English / Issue: 02/20/2018

KGB accuses Pavlo Sharoyko of spying for Ukrainian military intelligence.

Around the Bloc: Gorbachev Banned From Ukraine

Author(s): TOL TOL / Language(s): English / Issue: 05/31/2016

Former Soviet leader won’t be able to visit for five years because of support for Crimea annexation.

Around the Bloc: Moldova: Virtual Sex, Real Crime?

Author(s): TOL TOL / Language(s): English / Issue: 11/10/2015

If the Moldovan women erotic webchat operators are providing virtual ‘sexual services,’ then under the law, their bosses could be considered ‘pimps.’

Around the Bloc: Russian Manhandled Over Social Media Comment

Author(s): TOL TOL / Language(s): English / Issue: 05/31/2016

Police brutally arrest man for alleged extremist online activity.

Aspekty odpowiedzialności prawnej lekarza.

Author(s): Pawel Sitek / Language(s): Polish / Issue: 4/2013

The legal liability of doctors or other members of the medical staff can be seen in the different areas. These persons can be held liable on the basis of the Civil Code, based on the Penal Code, but also based on the regulation regarding medical professions, and it means they take professional responsibility. This analysis will discuss the liability of the medical staff, with particular emphasis on the responsibility of doctors. The various aspects of this liability, including civil liability, penal liability and professional liability, will be discussed. To illustrate that this topic is current today, but it was always important, the author will present a brief historical background regarding doctor’s liability in different cultures and different times. Moreover, in a special way, the medical professional liability, based on the Law on Profession of Physicians, will be considered.

Atpildo teisingumas: problemos ir paradoksai

Author(s): Karolis Jovaišas / Language(s): Lithuanian / Issue: 56/2007

Only the problem of proportional and justice punishment, which expresses one of many aspects of justice, is analysed in Lithuanian legal literature. Comprehensive, objective and impartial analysis of justice in this article makes it possible to state, that in spite of broad sceptical attitude towards moral relativism, justice is not just a valuable but also relative category. At the same time the problems of justice may be discussed not in abstract level, but only in the context of concrete social behaviour, which is caused by many reasons. On the grounds of this principal position, the necessary and sufficient conditions of execution of justice are analysed in the article. There are also analysed the criteria helping to ground the influence of both the objective – the insecurity level and the nature of the criminal act executed – and valuable – the character internal and valuable orientations of perpetrator’s personality – criteria in proportional and justice punishment.