Европейските стандарти за правото на обжалване и решенията на Върховния касационен съд по чл. 354, ал. 5, изр. 2 НПК

Author(s): Georgi Mitov / Language(s): Bulgarian Issue: 2/2012

After the amendment of Criminal Procedure Code, made in 2011, the Supreme Court of Cassation in a cassation review, after double remittal of the case to the lower court, in further (third) hearings, has appellate powers – art. 354, par. 5, sent. 2 of Criminal Procedure Code. The act, delivered in this way, is final. This violates the right of appeal of the convicted person, established in art. 2 of Protocol 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms. Granted opportunity this act to be reviewed under the extraordinary control through re-opening of criminal proceedings can’t ”compensate” the deprivation of the right of appeal. The violation of European standards for right of appeal can lead to many judgments against Bulgaria in the European court of human rights in Strasbourg. That’s why this article should be abolished.

IUS EMPHYTEUTICARIUM IUS TERTIUM SIT

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 1/2022

The article is devoted to some discussion problems related to the characterization of ius emphyteuticarium, which appears to be too specific (sui generis) and different from the traditionally defined real law and law of obligation. For this reason, in the constitution of the emperor Zeno (CJ.4.66.1), from which the fragment that served as the title of the article, this right is called ius tertium. However, it is not an innovation in the post-classical period, but is the result of the development of the Roman legal concept of public property and its management since the archaic period, it has its design in the so-called duplex dominium during the time of the Republic and the Principate and passed into medieval law in the system of divided ownership (dominium divisum).

ПРАВНИ ОСОБЕНОСТИ НА ОБЩИНСКАТА СОБСТВЕНОСТ

Author(s): Pavel Sarafov / Language(s): Bulgarian Issue: 1/2022

The article examines the real aspects of municipal property. It is indicated that the main reason for distinguishing municipal property as a separate type of property is the municipality as a legal entity and its peculiarities. It has been noted that the complex structure of the municipal body determines the need to designate different bodies to deal with municipal property - Municipal Council, mayor of a municipality, mayor of a district and mayor of a town hall. The issue of so-called "management" as a specific mechanism for redistributing rights and responsibilities in connection with the entrustment of municipally owned objects was examined. The specific methods for acquiring municipal property are specified, as part of its features.

THE HUMAN RIGHTS PROTECTION SYSTEM IN EUROPE

Author(s): Andreea Dragomir,Sergiu Berindea / Language(s): English Issue: 2/2022

This dual system of protection of human rights and fundamental freedoms established at the European Union level — the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights — ensures uniform and unhindered protection, specific to modern democracies, to all citizens of the Union area. The paper aims to identify the elements of interference in the application and observance of the content provided by the two supranational acts by identifying the legal nature of each individual and by recognizing the legal, social, economic, and political factors that may represent threats in the implementation of human rights and fundamental freedoms. The projection of risks and threats to the system of protection of human rights and fundamental freedoms within the European Union leads to the possibility of forming elements of protection at both doctrinal and case-law levels. To achieve the security of the protection system established at the Union level, it is necessary to work together on several issues: the European Court of Human Rights, the Court of Justice, the institutions of the European Union, the States, and the national courts through its case-law.

IL DIRITTO DELLA CD. ANARCHIA MILITARE TRA ROMA E REALTÀ PROVINCIALE

Author(s): Iole Fargnoli / Language(s): Italian Issue: 2/2022

Ruthless struggle for imperial power, hordes of soldiers from uncharted lands, looting, poverty, and epidemic are some of the characteristic features of the troubled era between 235 and 284. However, it is not only negativity that emerges from the sources that allow us to reconstruct the middle years of the third century. In particular, the preponderance of emperors of provincial origin, a clear trace of an evolved relationship between Rome and the provinces, and the intensity of imperial legislation that also dealt with concrete problems of provincials suggest that we should question whether the conventional designation of 'military anarchy' does not constitute a simplistic reduction of a neuralgic meeting point between Principate and Dominate.

SOME PARTICULARITIES OF THE IURISDICTIO IRNITANA: COMPETENT COURTS AND ANALYSIS OF THE LEGISLATIVE RESPONSES THAT SUPPORT AND SUSTAIN THE PREVALENCE OF THE AGREEMENT OF THE ADVERSARII

Author(s): Juan M. Alburquerque / Language(s): English Issue: 2/2022

We will make a brief review and a summary analysis of the most characteristic and particular profiles of the iurisdictio Irnitana, of the more traditional notion of iurisdictio, and, in a more detailed way, we will focus our attention on the competent organs and courts (duumviri, aediles, prefects, municipal senate and court of five decuriones). We will also highlight the different options of the adversarii in the different courts and the special relevance granted by lex Flavia Municipalis to the agreements of the subjects in the lawsuits of the municipality.

Prisila na slobodu – izlazak iz prirodnog stanja i stupanje u građansko stanje kao pravna dužnost u Kantovoj pravno-političkoj teoriji

Author(s): Katarina Jukić / Language(s): Croatian Issue: 01/2023

This work examines the relationship between Kant’s notion of freedom and‎ the legal duty to leave the state of nature and enter the civil state in his theory‎ of law and politics. As opposed to ethical duties, the fulfilment of legal duties ‎can be forced upon a person. Coercion is important in the context of this paper‎ because, according to Kant, right is always connected with an authorization‎ to use coercion. The right of intelligible possession as an acquired right‎ already existing in the state of nature is the basis of the legal duty to leave the ‎state of nature and enter the civil state. The right of intelligible possession,‎ which refers to the possession of external objects, or possession independent‎ of the empirical conditions, implies the duty of all others to refrain from‎ using the objects we first possess, but also the moral authorization of coercion‎ over those who refuse to do so. However, since in the state of nature there is‎ no public authority which enforces the law through general laws, coercion is‎ arbitrary and depends on particular interpretations of legal situations. The arbitrariness ‎of coercion implies the possibility that the freedom of the individual,‎ which is externally manifested through the right of intelligible possession,‎ will be endangered. For this reason, others can be forced to enter the civil state ‎with me, submitting to the public authority under the same conditions. The ‎public authority makes rights of possession explicit and secures them, and is ‎thus a necessary condition for the fullness of human freedom.‎

Смъртно наказание и суверенност. Опит за деконструиране на онто-теологията

Author(s): Jacques Derrida / Language(s): Bulgarian Issue: 1/2002

TRAFFICKING IN PERSONS FOR PROSTITUTION, ECONOMIC, PSYCHOLOGICAL AND LEGAL ASPECTS

Author(s): Alexandru Bogdan Romaniuc / Language(s): Romanian Issue: 29/2022

The phenomenon of prostitution is difficult to study for several reasons. Trafficking in women for prostitution sometimes takes on seemingly legal forms, with the persons in question crossing the borders with legal documents. The deeds can be committed by coercion, kidnapping, use of force, fraud, speculation of situations of economic or psychological vulnerability, but also with the consent of the person to be prostituted, based on the promise of a substantial remuneration, and trafficking is denounced by victim only when the trafficker no longer keeps his promise. In relation to the rule of law, networks of traffickers and pimps are also a separate crime factor. Trafficking in human beings by borders is preferred by drug or arms traffickers, because in the first case the risks are considerably lower, human traffickers together with prostitutes who have consented to it, cross the borders legally, without being able to demonstrate the real purpose and intentions of the trip. If we add to all this a perverted moral norm and deficient legal regulations, then we have the picture of a really serious social issue.

DECREE NO. 770 OF 1966 FROM THE FEMININE PERSPECTIVE. THE IMPACT ON THE FAMILY RELATIONSHIPS

Author(s): Nina-Florentina Cristea / Language(s): English Issue: 33/2023

The meeting of the Executive Committee of the Central Committee of the Romanian Communist Party, on August 2d, 1966, debated a demographic study drawn up by a commission led by the Minister of Health, Voinea Marinescu. Alexandru Drăghici supported the idea that the Decree no. 463 of September 30, 1957, in force and legalizing abortion on demand, encouraged debauchery and opposed traditional family values. In order to stimulate the birth rate, it was proposed to increase the number of places in nurseries. Nicolae Ceaușescu, more radical, stated that the said law promoted prostitution and a high rate of divorces. This article displays a presentation of the women’s situation in communist Romania, within the context of the Ceausescu regime’s pro-natality policy and also before this period of time. We do compare the women’s real situation with the presentation of the official discourse in antithesis with the everyday reality. The research includes the period 1966-1989 when the Decree 770/1966 was applied and there are also references to the period before 1966, for a more accurate picture regarding the pro-natality issue, the evolution of the birth rate, the family planning.

THE PURPOSE OF JUDICIAL BALLISTICS AND THE NEED TO STUDY IT

Author(s): Mihăiță Cristinel Triboi / Language(s): Romanian Issue: 34/2023

The aim of the work is to present the concept of judicial ballistics. Judicial ballistics is a field of forensic technique, which appeared as a result of the use of firearms in the commission of crimes and due to the particularities related to the investigation of the crime scene and specific laboratory examinations. It aims to identify a weapon by the traces left on the tube, determine the distance from which it was fired by the traces, determine the approximate age of the shooting, etc. They can be used in the process of carrying out justice because they give us information valuable and may help catch the perpetrator.

Radbruch’s formula and the conscience of a Saint: Cardinal Alojzije V. Stepinac

Author(s): Vanja-Ivan Savić / Language(s): English Issue: 26/2023

This paper examines the life of Blessed Cardinal Alojzije V. Stepinac during three regimes that were very hostile towards the Catholic Church and its values. The paper discusses the values by which Blessed Stepinac lived and explains that his teachings correspond to the rules of conduct established by the German legal philosopher Gustav Radbruch. According to the latter, laws that contain no traces of humanity and are unbearably unjust should not be considered laws that must be followed. Cardinal Stepinac accepted the political realities of his times but denounced the evils present in each of the regimes under which he served as archbishop of Zagreb and shepherd of his flock. In doing so, he always underlined the values of equality, humanity and religious freedom.

PECULIARITIES REGARDING THE MANAGEMENT OF PSYCHOSOCIAL RISKS IN THE ORGANIZATIONAL ENVIRONMENT

Author(s): Luminița Zubco / Language(s): Romanian Issue: 35/2023

Managing psychosocial risks presents a similar complexity to providing personalized psychological support, as each organization is a unique entity, just as each individual personality has a distinct structure. In this context, adopting a standardized template could lead to negative consequences for both the company and its employees. The real solution lies in the ability of the psychosocial risk management team to carry out individualized analyzes adapted to the specifics of each work environment.

MATER FAMILIAS

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2023

The study is dedicated to one of the main figures in the Roman family and society – mater familias, whose status is still debated today. Some terminological clarifications and various aspects of the concept of mater familias as a wife and as a member of the Roman family are presented.

„Револвираща“ собственост: притежанието между ЯН- и ИН-собствеността

Author(s): Stoyan Stavru / Language(s): Bulgarian Issue: 1/2024

The article examines the concept of "revolving ownership" as a metamodel of property, whose structure allows for the interchange (rotation) of diverse components included in it, each capable of achieving different objectives through varied means. It is noted that the metamodel of revolving ownership can be utilized in the creation and structuring of property models over specific entities, necessitating consideration of specific social and environmental factors. In this context, a distinction is made between yang-ownership ("classic" private ownership used as an instrument for growth through extraction and accumulation, analogous to so-called "extractive" ownership) and yin-ownership (engaged possession involving a healthful balance between rights and obligations, i.e., flexible distribution of various components aimed at achieving sustainable equilibrium, analogous to the so-called "generative" ownership). The thesis is presented that the sooner the "proprietary" nature of yang -ownership is overcome, yielding to its dominance through the integration of balancing yin-components, the more easily and effectively legal professionals can propose novel and diverse ownership models. The recognition and acknowledgment of the complexity of nature imply greater intricacy in contemporary property law. It is time for property law to reconsider its unquestionable axioms and seek an appropriate solution to the challenges humanity faces today.

THE CONTEXT OF THE PROMULGATION OF THE LAW OF PUBLIC INSTRUCTION IN 1864 AND THE CONTROVERSIES OF THE NORMATIVE ACT

Author(s): Mirela Irina Cula (Pascu) / Language(s): English Issue: 36/2024

The union of the Principalities through the double election of Alexandru Ioan Cuza (1859) represented the foundation of the modern Romanian state and was followed by numerous legislative initiatives aimed at ensuring full unification, among them a new education law, namely the Law of Public Instruction. The new law was promulgated by the ruler on November 25, 1864 and represented the brick that was the basis of the construction of the modern Romanian education system. Since the beginning of the reign of Al. I. Cuza, the problem of the education system, its organization on modern and unitary principles was a priority not only of the ruler, but also of the politicians around him. That is why the Law of Instruction (1864) was the result of the long-term work of numerous political and cultural people, but nevertheless caused, from the beginning, two great controversies regarding its content as well as the context in which the normative act was developed. The first of these controversies was related to the wider circumstances of the adoption of foreign models in the Romanian society, and the second referred to the short time in which the new education law was drafted (June-November 1864). The adoption of the foreign models in the Romanian society was a problem that referred not only to education, but also to other fields, being one of the ways through which the modernization of the Romanian society was achieved. The Law of Instruction from 1864 represented a synthesis of the principles included in the Romanian political projects developed at the end of the 18th century and in the first half of the 19th century, but also of some principles taken from the Western models, all adapted to the realities of the Romanian society from the second half of the 19th century, a society in constant change especially after the Union of the Romanian Principalities in 1859. More than that, this law was the fruit of solid concepts and principles and that is why it lasted a long period of time, despite all the appeals and attempts of abolishment that have existed.

Potential of Immanuel Kant's Philosophy in the Context of The Encyclical Amoris Laetitia of Pope Francis

Author(s): Zdzisław Kieliszek / Language(s): English Issue: 117/2023

The new approaches to the topic of marriage, which were expressed by Pope Francis in the encyclical Amoris Laetitia, in many aspects are intertwined with the philosophical views of I. Kant, so it is necessary to study this issue to develop the interaction of these worldview systems. The purpose of this article is to determine the role of Kantianism in modern Catholic teaching expressed in Amoris Laetitia. During the research, several methods of scientific knowledge were used, including philosophical and historical analysis, comparison, synthesis, concretisation, and generalisation. As a result of the research, the following conclusions were reached: for a long time, Catholicism has been rejecting the ideas of I. Kant, but in the 20th century, steps were taken to get closer to this teaching; the main difference between the views of Catholicism and Kantianism in this context is that the latter does not consider marriage as a sacrament. Between these worldview systems, there are several common views on the issue of marriage, in particular, Catholicism and Kantianism understand marriage as a union in which spouses become a unique community of two people; the formation of marriage is the result of free choice; procreation is not the only purpose of marriage; marriage involves the right to own each other; spouses are equal; marriage is exclusively heterosexual and elimination of sexual contacts is not possible. In addition, I. Kant's philosophy has an important potential for modern Catholic teaching, which is preached by Pope Francis. This article will be useful for philosophers and Catholic priests.

Mu‘tezilî Âlim Kâdî Abdülcebbâr Şâfiî Miydi?

Author(s): Bahaddin Karakuş,Ahmet Yaman / Language(s): Turkish Issue: 1/2024

One of the figures who deeply influenced Islamic thought in general and fiqh thought in particular is undoubtedly Qāḍī 'Abd al-Jabbār (d. 415/1025). Most of his life took place in the 4th/11th century and he was the most important representative of the Basra Muʿtazilites after the Jubbāʾīs. With his works in both theology and the methodology of jurisprudence, he was regarded as a groundbreaking scholar not only in Muʿtazilite circles but also in Sunnī circles. According to the common opinion of many Sunnī jurists, 'Abd al-Jabbār is one of the most important figures in the field of usul al-fiqh after Imam Shāfi'ī. Having been so influential in the fields of theology and methodology, it has been a matter of curiosity in which systematic framework Qāḍī ʿAbd al-Jabbār conducted his practical life and whether he maintained his allegiance to the Shāfiʿī madhhab, which he had adopted as a student. In the relevant literature, the claim that Qāḍī ʿAbd al-Jabbār adopted the Shāfiʿī madhhab throughout his life has been widely voiced. So much so that in the works of tabakāt, where Shāfiʿī jurists are introduced, ʿAbd al-Jabbār is included as a Shāfiʿī. This understanding, which has continued until today, has become a continuing acceptance in academic studies. But is this the reality? In pursuit of this question, the present study examined the issue in the following steps: First, the claims in the literature about Qāḍī 'Abd al-Jabbār's path in fiqh are presented, and then 'Abd al-Jabbār's position in Mu'tazilite jurisprudence is presented. After mentioning the distance of the founding imam of the sect, al-Shāfiʿī (d. 204/820), who is claimed to have been adopted by a Muʿtazilite scholar, from the Muʿtazilites and even his struggle with them, Qāḍī ʿAbd al-Jabbār's opposition to Imam al-Shāfiʿī's famous views on usul was identified. This study, which proceeds by comparing ʿAbd al-Jabbār's views on usul with Imam Shāfiʿī's views on usul, concludes that his claim that he adopted the Shāfiʿī madhhab in the practical field is not very accurate. Conducting the comparison through the six (6) most distinctive issues of Shafi'i juristic thought, the study shows that 'Abd al-Jabbār clearly opposed Imam Shafi'i and the Shafi'i jurists. These six issues, which are among the most important topics of debate in Islamic legal methodology, are as follows: Whether the Qur'ān and Sunnah can abrogate each other, the prerequisite for the acceptance of the Prophet's words and deeds is their submission to the Qur'ān, that is, the determination of whether they are compatible with the relevant regulation of the Qur'ān in order to be evidence, and istihsān, which means abandoning the ruling reached as a result of syllogism on the basis of a justification and making another ruling, In the event that the new issue awaiting a solution is similar to two or more principals/makisu'n-'aleyh, the syllogism of shabah, which means to give the ruling of the new issue in question to this original by taking into account the original that is thought to be the most similar in many respects, whether the proof of the opposite concept, which means the transfer of the opposite meaning of a word, i.e. the opposite meaning of a word, to the issue that is the opposite of the issue in that word and whose ruling is not specified, should be considered as a sahih istidlal, and the meaning of the imperative.

THE HISTORY AND IMPACT OF THE EUROPEAN CONSTITUTION ON THE EUROPEAN UNION

Author(s): Ana-Maria Comșa / Language(s): English Issue: 37/2024

In the European Union, although there is no "European Constitution" in the sense of a single constitution governing the entire Union, in a similar way to the national constitutions of its member states, there is a complex legal framework that is formed by treaties and intergovernmental agreements that governs its operation. The Union operates on the principles of the rule of law and respect for human rights. However, the idea of a "European Constitution" was a highly discussed and controversial one, especially in the 2000s. Although it was not adopted in the form of a proper Constitution, the Treaty of Lisbon introduced numerous reforms and changes in the structure and the functioning of the EU, largely reflecting the initial objectives of the European Constitution. Thus, the term "European Constitution" remains an important one in the history of European integration, even if the initial project was not implemented in its original form. In this paper we will try to present an overview of the history of the EU Constitution, as well as the structure and supporting pillars of the European legal order.

THE SOCIAL-PSYCHOLOGICAL IMPACT OF A DISABLED BODY

Author(s): Evelina – Elena Tănasie / Language(s): Romanian Issue: 37/2024

This article explores the increased interest in the needs of disabled individuals among anthropologists, sociologists, and psychologists since the 1940s. Social psychologists investigate a range of human conditions, including attitudes, love, prejudice, stereotypes, prosocial behavior, aggression, and conformity, with a focus on personal and situational factors. Disability, as a social construct, is influenced by environmental and social factors rather than inherent personal traits. Thus, inclusive design in environments and clothing can significantly impact the perception of disability. Discrimination, rooted in various biases, can lead to social exclusion, affecting self-confidence and personal efficacy. Discrimination related to disability occurs in various settings, affecting confidence and personal efficacy. Stigmatization extends to clothing, serving as a social marker that influences identity perception. In a consumer-driven society, a disabled individual's value lies in embracing their identity rather than achieving physical perfection. Social justice promotes equality and the ethical benefits of inclusive fashion, fostering social cohesion and community belonging.