ALBANIA: Radicalization and the Governance of Islam in Albania

Author(s): Arjan Dyrmishi / Language(s): English / Publication Year: 0

With some hundred or more Albanian citizens having now joined the Islamic State of Iraq and the Levant (ISIL), radicalization has become a salient issue in both policy and scholarly domains in Albania. Given the Albanian tradition of religious tolerance and moderation, the quest to understand and explain the foreign fighter phenomenon has sparked extensive debate – in media, among the public, and within academia. Explanations for this trend have focused mainly on the socioeconomic factors affecting certain local communities and individuals, and on the failure of state institutions in some sectors, including in security, intelligence, and education. In general, academic researchers and pundits alike argue in favor of a more robust response by the government. [...]

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

Author(s): Robert Klobucký,Jozef Čentéš / 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.

AMNISTIE ȘI PEDEAPSĂ ÎN CONTEXTUL JUSTIȚIEI TRANZITORII ȘI A RECONCILIERII UNEI SOCIETĂȚI POST-CONFLICT

Author(s): Vitalie Gamurari / Language(s): Romanian / Issue: 1/2020

Amnesty and punishment are two important institutions of transitional justice. Discussions on the application of one or the other are quite common, each part having its arguments. One thing we can state for sure – prioritizing only an institution, it will certainly lead to transitional justice promoted by touching objects – a company post-conflict reconciliation is impossible, this process is a complex one, in which an important role belongs non-legal rules. However, transitional justice trying to find that common ground, that would satisfy society in integrum.

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 diskursa Istanbulske konvencije

Author(s): Krešimir Petković / Language(s): Croatian / Issue: 16/2019

The author analyzes the case of ratification of the Istanbul Convention in Croatia in 2018. After introductory explanations of the basic theoretical and methodological conditions of the analysis, the first part of the article analyzes the text of the Convention. The second part of the article analyzes its political reception in Croatian public at the time before, during and after its ratification. In doing so, it inductively establishes the discourses that both clashed and collaborated, on the basis of repetitive similarities and differences in the utterances that different actors made in the public media. After the discursive framework of the debate is analyzed, the institutional and non-institutional aspects of the ratification process that took place within these framework are presented. Emphasis is placed on the formation of a discursive coalition between advocates of the dominant discourse on violence against women and the discourse on family tradition that, with the Interpretive statement, enabled the ratification of the Convention.

Analiza komparatystyczna przestępstwa lichwy na gruncie prawa polskiego i amerykańskiego

Author(s): Marcin Wątor,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 OBECNYCH ROZWIĄZAŃ USTAWOWYCH W ZAKRESIE OCHRONY PRACOWNIKÓW MEDYCZNYCH JAK FUNKCJONARIUSZY PUBLICZNYCH

Author(s): Anna Marcinkowska / Language(s): Polish / Issue: 23/2018

This paper presents an analysis of the legal status of the penal and legal protection over medical professionals with particular emphasis on the profession of physician, paramedic, nurse and midwife. The article discusses case law regarding attacks on medical personnel from patients and other persons during first aid procedures. The aim of the article is also to explain the basic concepts related to prohibited acts, as specified in the laws governing medical professions. Another theme is the latest change in the medical legal system, which involves solutions applicable as of 26/06/2018 aimed at increasing the protection of medical employees. Subsequent sections of this paper include postulates of rationalizing and simplifying this protection as it is currently overcomplicated, which makes it difficult to identify the features of a crime. What is more, many situations are, in fact, inadequately protected.

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.

Annual Report on Human Rights: Serbia in 2011 - European Option Obstructed

Author(s): / Language(s): English / Publication Year: 2012

EU strategic decision on Serbia’s candidacy is crucial for the country’s further movement towards European integrations. Had it not been for it, Serbia’s poor democratic potential would have been trapped by its strong, populist right-wing. The Serbian society is still incapable to definitely opt for a substantive, democratic transformation and fulfillment of the Copenhagen criteria. Regardless of all the pressures to which it has probably been exposed, the political pivot’s, the Democratic Party’s, failure to progress more towards Europeanization testifies of its lack of states manly leadership and inability for a political U-turn. Having radicalized the Kosovo issue Belgrade has undermined its standing in EU. Mainstream political and intellectual elites do not look to the future. Serbia needs to take stock of its situation. The society’s un-readiness to cope with the past plays into the hands of the political right and its attempts at blocking Serbia’s Euro-Atlantic integration. Rather than accept the reality, the political elite is autistic and trapped by self-pity. As long as its elite role-plays a victim Serbia will not be able to work constructively on its future and the future of the region.

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 Hećimović,Iva Nenadić,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.

APPLYING SPECIAL KNOWLEDGE TO INVESTIGATING CRIMES COMMITTED IN PUNISHMENT EXECUTION INSTITUTIONS OF UKRAINE

Author(s): Oleh Batiuk / Language(s): English / Issue: 1/2019

In the provisions of the scientific article the author examines the possibilities of applying special knowledge to investigating crimes committed in punishment execution institutions of Ukraine, analyzes in criminal law procedural and non-procedural forms of applying special knowledge to investigating crimes committed in punishment execution institutions of Ukraine, characterizes subjects of applying special knowledge to investigating in PEI of Ukraine, discovers the peculiarities of subjects’ applying special knowledge to investigating crimes committed in PEI of Ukraine and suggests the author’s way of improving the provisions of the current Criminal Procedural Code of Ukraine in the part of the supplement by the concept ‘special knowledge’.

Ar prasminga arešto bausmė?

Author(s): Algimantas Čepas,Gintautas Sakalauskas / Language(s): Lithuanian / Issue: 66 (4)/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): Paweł 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.