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CRIMINALIZATION OF CORRUPTION: PHILOSOPHICAL AND LEGAL FACETS

Author(s): Aleksandras Dobryninas / Language(s): English Issue: 90/2016

The article discusses philosophical, historical and social issues of corruption. The authors analyse the peculiarities of perception of corruption in different paradigms of criminal justice: classical, positivistic, and constructionist, as well as its respective interpretation in terms of vice and sin, wrongful conduct, or conflict between public and private interests. The analysis presented allows to conclude that criminalization of corruption has its own legal logic and reflects existing social cultural context, and due to this reason cannot be considered to be a universal instrument of dealing with conflicts between public duties and private interests.

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On Rights without Natural Law

Author(s): Ivo Cerman / Language(s): English Issue: 1/2020

Whereas Dan Edelstein’s interpretation may hold true for France, its general statements may mislead readers into disregarding the significance of systematic natural law for the formulation of human rights. The contemporary American historians of human rights also tend to attribute the main role to feelings, and not to legal theories. For this reason, the contribution first seeks to prove that systematic thinking of natural law theorists was necessary for the conception of the idea of „equal and universal human rights“. The argument goes on to prove that France was an anomaly, lying outside the core area of natural law (i.e. countries where natural law was institutionalized in university chairs). The preservation regime developed by the physiocrats was a part of their physicist way of thinking about human society, not a logical solution to the legal relationship between the citizen and public power. Even other libertarian thinkers in Germany and Italy were actually speaking about economics rather than about real law. The physiocrats found the solution in proper education, not in law. The article surveys how natural law thinkers were trying to solve the dilemma implicit in the relation between individual citizen and public power, and how they regulated the relations between individual citizens. While the relation to public power required logical legal thinkers to make sovereign power unaccountable to anyone, the reciprocal rights at the level of individuals were usually recognized, but sometimes in the form of general legal permissions and not in the form of a list of rights. The British-American tradition of common law often seems to be more liberal, but its chaotic nature actually helped to conceal the existence of slavery and the disadvantaged status of slaves.

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EXECUTION OF IMPRISONMENT SENTENCED BY JUDGMENT OF THE INTERNATIONAL CRIMINAL COURT

Author(s): Dragana Čvorović,Hrvoje Filipovic / Language(s): English Issue: 2/2021

One of the current issues of criminal law, in general, is the issue of execution of a criminal judgment sentenced by the international criminal court (ad hoc or permanent international criminal court). The issue is ongoing because international criminal courts do not have their institutions for the enforcement of criminal sanctions they impose, but are, in that regard, instructed to cooperate with states that express readiness to execute criminal sanctions - imprisonment sentences imposed by an international criminal court in their prison facilities. Among the numerous issues related to this issue, the paper analyzes only those related to the legal basis for standardization, conditions, and manner of execution of a prison sentence imposed by an international criminal court.

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Съзнанието като предпоставка за правото и правото като предпоставка за свободната воля

Author(s): Boyan Bahanov / Language(s): Bulgarian Issue: 3/2021

The present study expresses the thesis that there is a direct connection between the development of the consciousness of individuals in a society, the emergence of law, and the formation of free will. First, the article distinguishes between consciousness in the broad sense and consciousness in the narrow sense. The author also presents the different degrees of awareness, which will answer the question, at what level of their development human individuals attain the capacity to coexist in a legal society. Subsequently, the thesis will be argued that, in such a legal society, the necessary prerequisites are created for the formation of free will in the individual.

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Произходът на института на процесуалната субстанция в българското право

Author(s): Todor Kolarov / Language(s): Bulgarian Issue: 3/2020

The article strives to analyse the origin of the institute of procedural substitution (for the lack of a better term) in Bulgaria through historic overview, starting with the law of Ancient Rome, going through ius commune and finishing with the contemporary legal regime. From a procedural standpoint, the conclusion is that the institute came into being at the end of the XIX and beginning of the XX century. While manifestations of procedural substitution can be found in the Roman law, this is not an indication of a formulation of the legal institute itself.

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INFORMATION AND COMMUNICATIONS TECHNOLOGY AS A TOOL TO SUBSTITUTE IN-PERSON VISITS IN THE SERBIAN PRISON SYSTEM DURING THE COVID-19 RESTRICTIVE MEASURES

Author(s): Milica Kolaković-Bojović / Language(s): English Issue: Supp. 1/2021

In an attempt to properly address one of the greatest challenges for prison administrations around the world facing Covid-19, namely, to ensure regular communication between the inmates and their families, the Serbian Penal Administration, supported by German NGO Help e.V, procured the ICT equipment aimed at substituting the in-person visits. The author decided to assess the impact of this pilot project on the right of inmates to communicate with their family members, exploring their attitudes and the attitudes of professionals/prison staff that work with them, to get both perspectives. The results of the research showed that the online communication ensured through the pilot project has significantly contributed to preserving contacts and family relations in the changing environment of the Covid-19 restrictive measures, although it cannot completely replace family visits based on, in-person contact. However, the research also led to some of the remaining obstacles to a wider application of this, substitutive approach, among others, concerning the lack of IT literacy and the both of inmates and their family members, and to the life in poverty and/or in remote country areas. Additionally, this research identified a remaining need for further financial investment in the IT equipment to ensure adequate frequency and duration of communication, but also the need to revise/upgrade an existing treatment approach to integrating modern technologies/IT literacy as tools to contribute to the effectiveness of inmates’ reintegration.

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ДЛЪЖНИЦИ И ДЪЛГОВЕ: НОВИ ПЕРСПЕКТИВИ

Author(s): Sebastiano Tafaro / Language(s): Bulgarian Issue: 1/2021

The text of the article was edited on the basis of a report presented to the XI Congress of Roman law scholars from Central and Eastern Europe and Asia, held in Craiova on 3 November 2007. It examines successively legislative policy on debt and government intervention on interest rates, limitation of interest rates supra legitimum modum, setting an upper limit for increasing the amount of debt. A special place is given to the concepts of proportionality and reasonableness in credit relations, as well as to the evolutionary interpretation of obligation and proportionality.

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ПРОИЗХОДЪТ НА REGULAE IURIS: МАКСИМАТА “PACTA SUNT SERVANDA”

Author(s): María Etelvina De las Casas León / Language(s): Bulgarian Issue: 1/2021

The jurists of the late Republican period, under the influence of the Greek dialectics, formulated certain principles or rules across the generalization of decisions to which they had come across the study of particular cases. They were trying to solve the cases that were appearing ignoring any type of rules or rather without knowing that across some of these decisions they were constructing rules that would come to the present day. Along this work there will be studied the origin and evolution of the roman regulae iuris, where the jurists, without realizing elaborated a corpus of rules that have been and are used not only for the juridical classifications of the Civil Law, but also of the Common Law.

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OBLIGATIO, SOLUTIO, SATISFACTIO ET PROBATIO

Author(s): Maria Lurdez Martines De Morentin / Language(s): Bulgarian Issue: 1/2021

Starting from a general vision of Roman law regarding obligations, this article analyzes the relationship between the exact fulfillment of the former and the creditor satisfaction. In addition, based on the sources, some personal reflections are made as for the procedural claim in case of non-compliance, the payment made after the litis contestatio, and a review of the means of proof in the Roman private process in the Italian doctrine.

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Значение на говорителя и конвенционално значение в правните норми

Author(s): Boyan Bahanov / Language(s): Bulgarian Issue: 1/2022

Law is a main source of justice in a democratic society, and as such it must send clear and unequivocal messages to its addressees. Therefore, the question of meaning in the legal vocabulary does not lose its relevance and universality. The present study examines the question of the linguistic significance of legal norms in legal vocabulary, applying an interdisciplinary approach. Joining the thesis that the legislation can be considered as an expression of the legally significant will of the rule-making authority, the legal provisions will be presented as an intentional act. In search of the most appropriate explanatory method, two kinds of theories will be applied in parallel: Paul Grice’s theory of linguistic meaning, on the one hand, and some theories with both textualist and intentionalist orientation, on the other. Subsequently, the communicative maxims proposed by Grice will be related to selected normative requirements related to the language of the normative acts.

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SULLA CONDIZIONE GIURIDICA DEI „CAPTI A PIRATIS“ FRA TESTIMONIANZE LETTERARIE E GIURIDICHE

Author(s): Linda De Maddalena / Language(s): Italian Issue: 2/2021

What was the legal status of those who were captured by pirates? Certainly not the servile one, as emerges from the texts of Ulpianus (D. 49.15.24) and Paulus (D. 49.15.19.2). However, the fact that the prisoners were frequently sold as slaves by pirates in the markets raises numerous legal questions about their actual status libertatis. The deplorable phenomenon of the sale of free men ‘capti a piratis’ is also in literary sources and it is in the light of these testimonies that I try to provide a contribution to the study of the ‘de facto slavery’ of prisoners of the marauders of the sea.

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End-of-Life Decisions for Muslims in Albania. An Interdisciplinary Approach

Author(s): Denard Veshi,Ervin Pupe / Language(s): Bosnian,English Issue: 2/2021

This study investigates end-of-life decisions through Islamic and legal comparativeapproaches by focusing on the Albanian context. The methods applied in this paperare critical legal reasoning and legal comparison. The goal of this research is toreview the impact of the Islam legal culture (Qur’an and hadith) on the Albanianlaw of end-of-life decisions. From a legal approach, this paper underlines the unconstitutionality of the Albanian Code of Medical Ethics. In addition, the review ofthe Islamic literature on medical jurisprudence demonstrates the attitude of Muslimcommunity regarding end-of-life decisions in addition to scientifically examine thevarious rules governing end-of-life situations codified in the Islam legal sources byonly considering the Qur’an and hadith. This investigation aims to understand the similarities and differences between these two different approaches by also underlyingthe importance of Islam approach on end-of-life situations on the Albanian legislation.

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INDIVIDUAL, EMPLOYERS AND ORGANIZATIONAL CITIZENSHIP BEHAVIOUR

Author(s): Dana Volosevici,Dragoş Grigorescu / Language(s): English Issue: 1/2021

The paper aims to analyze the idea of social solidarity from the perspective of legal constraints that characterize the labor relations between employees and employers and the growing need for community involvement of organizations. Therefore, the concept of citizenship-oriented behavior of organizations (OBSs) and the legal concept of subordinating employees to organizations will be at the center of attention. The first part of the article will be about defining the human being through the occupation or profession he chooses to practice (homo faber), we are what we work, and advance to the social dimension of any economic activity, and the second part will analyze these ideals such as altruism, solidarity or prosocial behavior, from the perspective of legal regulations in the labor code that emphasize the subordination of employees to employers who at least at first discourage the assumption of a civic dimension aimed at citizenship of employees. suggested possible solutions to improve these legal relations so that values such as solidarity are more present in the contractual relations between employees and employers in various social or economic contexts.

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Kredyt obarczony ryzykiem walutowym jako zagadnienie społeczne. Kilka refleksji na temat sytuacji kredytobiorców kredytów indeksowanych do CHF/denominowanych w CHF w kontekście zasady sprawiedliwości sensu largo

Author(s): Aleksandra Nadolska / Language(s): Polish Issue: 2/2022

The phenomenon of Swiss franc mortgages in Poland revealed the ineffectiveness of consumer rights protection and a misunderstanding of the EU idea of balancing consumer contractual rights and obligations towards the trader. The lack of a systemic solution to this issue has led to the fact that currently persons with debts in Swiss francs are in dispute not only with banks, but also with that part of the society which feel disadvantaged by the fact that contracts containing abusive clauses have become cancelled. The PLN borrower’s perspective does not take into account the key factors that determined this pattern of events (even while ignoring the fact that it is not the court’s ruling that makes the mortgage agreement invalid). This article presents and discusses the factors thanks to which the expansion of loans indexed with the CHF rate in 2004–2010 was possible. Based on this analysis, the author proves that unequal treatment of consumers in access to the credit services occurred at that time, and that currently pending litigation cannot take into account the principle of social justice, which does not include goods or services over which the state has no influence, when applying distributive mechanisms.

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Към въпроса за историкоправния анализ като метод на изследване

Author(s): Plamen Petkov / Language(s): Bulgarian Issue: 5/2022

The purpose of this article is to identify the place and the particular aspects of the Historical and Legal Method as a tool used in scientific research. In order to achieve this purpose, the ‘Analysis’ and ‘Summary’ Methods have been applied. In particular, a juxtaposition was also used when comparing the "Historical and Legal Analysis” with its variety of “Comparative Historical and Legal Analysis”. The productiveness of this method has also been established not only in legal but also in historical research. The spontaneous application of the latter in historical science was also ascertained. For the first time, the benefit of using the method as an interdisciplinary research tool on the watershed between law and history has been revealed in the theory.

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РИМСКОТО ПОНЯТИЕ ЗА СОБСТВЕНОСТ: ОБЩ ПРЕГЛЕД

Author(s): Jean-Pierre Coria / Language(s): Bulgarian Issue: 1/2022

The Romans didn’t develop a dogmatic analysis of the right to property. They are the jurists of the Middle Ages and the modern era which, starting from the scattered texts of Roman law, formulated an absolutist conception of property. Whether, originally, the dominium ex iure Quiritium corresponds to a quasi-sovereignty, it is more a power than a right of appropriation in the modern sense of the word; and property was never considered in Rome as an unlimited power in time and in space. This right has, in fact, suffered significant infringements depending on political and economic history. First, it is a legal limitations based on the public interest and the necessities of town planning as well as on the idea of abuse by right. Another form of violation of the absolute right to property has been the multiplication of situations of de facto property, who have benefited from the judicial protection of the magistrate. On the other hand, Roman law offers the example of a sovereignty shared ownership: due to dismemberments, usually temporary, with personal easements, but especially with long-term land leases– superficies and emphyteusis - which lead to a real dissociation of ownership real estate.

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ПРИНЦИПЪТ ADVERSUS FISCUM USUCAPIO NON PROCEDIT И ПРИДОБИВАНЕТО ПО ДАВНОСТ НА BONA VACANTIA

Author(s): Alfonso Agudo Ruiz / Language(s): Bulgarian Issue: 1/2022

The aim of the present investigation is the analysis of the principle adversus fiscum usucapio non procedit established in Severo’s time, whose origins go back to the republican time at least, as well as the different proceeding of the bona vacantia which belong to the Treasury, for which the usucapio is accepted if they are not requested or claimed yet.

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PROPRIETAS, POSSESSIO И ACTIO PUBLICIANA

Author(s): Margarita Fuenteseca / Language(s): Bulgarian Issue: 1/2022

The author assumes that the organization of the family group is a priority topic for understanding the history of ownership. Dominus is mentioned in connection with domus, from which derives the concept of dominium (as power), which was transformed into the meaning of property at the end of the Republic. The domus is the main axis of the family community (familia) as a community of people organized under the authority of the paterfamilias and as a property community.

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ПРИЛОЖИМОСТ И ЕФЕКТИВНОСТ НА ДРЕВНОРИМСКИЯ МОДЕЛ НА СОБСТВЕНОСТТА В СЪВРЕМЕННАТА ЕВРОПЕЙСКА ПРАКТИКА

Author(s): Maria Miceli / Language(s): Bulgarian Issue: 1/2022

It returns to discuss properties mainly for impulse of European case law (ECHR) that include the property as part of fundamental human rights. It is a debate that also involves a re meditation on the meaning of ownership, in its traditional model, and the validity and persistence of the same under current legal experience. In fact, there is no doubt that in the context of the entire legal experience Western (Western Legal Tradition), the individual properties model developed in the experience of Roman law plays a crucial role.

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ОТКАЗ ОТ СУБЕКТИВНИ ВЕЩНИ ПРАВА ВЪРХУ НЕДВИЖИМИ ИМОТИ – СЪЩНОСТ, ФАКТИЧЕСКИ СЪСТАВ И ПРАВНО ДЕЙСТВИЕ

Author(s): Ivan Ruschev / Language(s): Bulgarian Issue: 1/2022

The present study discusses issues related to the relinquishment of the right to property, provided for in Art. 100 of the Property Law, and of property rights over a third party’s property as legally regulated manner of disposing of the right to property. The aspect in consideration is the two-element mixed factual composition of the renunciation of the property right, provided for in the law: the unilateral declaration of will of the holder of the right, aimed at its termination on a given immovable property and its registration. A general consequence of the renunciation is that the property becomes unowned, but there is no direct regulation by whom and by what means it is acquired. Both the relinquishment of a co-owner of their ideal part of property and the relinquishment of an owner solely of their ideal part of property have been considered. The emphasis of the exposition is placed on the effect of the entry of the waiver of a subjective right, as well as on the consequences of an actual waiver of a property right under Art. 100 of the Property Law, mainly on basis of whom the right belongs to after such a waiver. Inquiry is placed on the suggested permits, that the properties, for which a consent is given to waiver of property rights: increase the shares of the other co-owners; remain unowned and subject to conquest; become state, respectively, municipal property. An original claim that such properties become state/municipal property is substantiated by application by analogy of Art. 11 of the Law of Succession and of texts of particular laws, apart from the foreseen prospect for the municipality to seize the property and acquire it by prescription.

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