REFUGEE CRISIS IN LESBOS AS A STATE AND A STATE-CORPORATE CRIME

Author(s): Stratos Georgoulas / Language(s): English Issue: 1/2019

The critical criminological thought can and has to discuss on the relation between crime and migration issues. By invalidating the myths that constitute common rhetoric in political and media analysis–through which repression policies become stricter and stricter-state crime, the crimes of bodies of official and unofficial social control against refugee and immigrant populations and state-corporate crimes are coming into light. A fundamental question arising is whether or not the planned or enforced State policies can become or are the real crime. The present article first makes some theoretical assumptions on the issue of State crimes against migrant populations and state corporate crime and then seeks to examine the application of those theories in practice through a case study: the recent refugee crisis in Lesbos.

Нормативни проблеми на развитието на академичния състав в България

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 8/2018

The article examines the historical development of legislation in the field of career development of the academic staff in Bulgaria. He points out the advantages and disadvantages of normative decisions from the beginning of the 19th centuryto the beginning of the 20th century. Criticizes the amendments to the Law on the Development of Academic Staff in the Republic of Bulgaria, promulgated in the State Gazette, N 30 of 3.4.2018, in force as of 4.5.2018.

Продължителните договори

Author(s): Polya Goleva / Language(s): Bulgarian Issue: 8/2018

The long-term contract is a notion of law, that is not regulated by legal norms and was not anobject of the legal theory. Some kinds of long-term contracts in civil and commercial law as contractsof rents, loans, society, deposits are explicitly regulated by legal dispositions. The labor contractis a long-term contract too. Despite of the increased role and field of application of the long-termcontracts in our country like other countries any general legal positions don’t exist, which reflectthe specific features of the long-term contracts. That’s why the article propose the introduction delege ferenda of general causes for termination of the discussed here kind of contract.

Що е то социалистическа правова държава?

Author(s): Deyana Marcheva / Language(s): Bulgarian Issue: 8/2018

In the Nineteenth All-Union Conference of the Communist Party of the Soviet Union of 1988emerges the concept of “socialist state under the rule of law“. What is that hybrid construct, whichclaims to be a successor of the “socialist legality“ in the USSR? Is it rule of law or is it a newideological hybrid born out of the same type of social engineering? The starting point of this researchis the historical and theoretical paradigm of “socialist legality“. The analysis shifts from theSoviet to Bulgarian context because the events, the concepts and the theory in Bulgaria during theperiod of totalitarian state and law literally copy and follow what has happened in the USSR. Asany other class concept “socialist legality“develops and functions in controversy to the “bourgeoislegality“that turns out to be the very concept of rule of law under a new name as given bythe socialist state and law textbooks. That’s why of particular interest are the political and scientificprocedure employed to restate the ideas of the rule of law during the “perestroika“so that they can be filled in with new “socialist“content.

RES PUBLICA - RES PRIVATA ET LEURS TRANSFORMATIONS – L’EXEMPLE DE L’EMPHYTEOSE EN DROIT ROMAIN

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2019

In the modern legislation and in the jurisprudence, we don’t find an insurmountable limit between public and private property, which gives the possibility of the various transformations for the public interest compatible with the private interest. During the centuries there are two opposite directions in this sense: expropriation and confiscation of private property and privatization or private use of public goods. The origins of modern practices and institutions in these two sectors are found in Roman law, which establishes the basic principles and presents a vast series of cases and rules that can also be useful for contemporary jurisprudence. From this perspective, the example of Roman emphytosis is presented as a regulation of concessions and agricultural leases adapted to the public interest as well as to the private interest.

Truth in Legal Norms

Author(s): Boyan Bahanov / Language(s): English Issue: 4/2020

The text examines the status of the truth in the legal norms, trying to answer the questions of whether they can be a subject to a truth assessment and, if such assessment is possible, how a truth value can be attributed to legal norms. To achieve this goal, first of all, the text discusses some basic linguistic conceptions concerning the nature and truth of legal norms and subsequently, a complex approach is being proposed for attributing truth-value to legal norms. On the one hand, the latter’s being studied by the methods of deontic logic and theory of possible worlds, and on the other hand, their relation to truth is being explained by semantic anti-realism.

Обзор на събитие: Представяне на книгите на Кристиан Таков „Истина и справедливост“ и „Кристали“

Author(s): Deyana Marcheva / Language(s): Bulgarian Issue: 1/2020

In 2019 SIBI Publishing House issued two book collections of the interviews, public speeches, comments and other texts from the personal blog of the most prominent jurist Mr. Christian Takoff. His colleagues and friends – the lawyer Mr. Valentin Braykov, the journalist Ms. Rossitsa Mihova and the judge Mr. Kalin Kalpakchiev delivered speeches at the event, which the Law Journal publishes with their consent.

PUBLIC POLICY: AN AMORPHOUS CONCEPT IN THE ENFORCEMENT OF ARBITRAL AWARDS

Author(s): Akosua Serwaah Akoto / Language(s): English Issue: 1/2021

Public policy permeates the legal principles of a state and its ruling government. The justification of public policy is topical to the ethics and canons acknowledged by that state. These values are determined by the applicable political, social, economic, religious, and legal systems, which differ among states. As public policy usually best illuminates the broad area of government laws, regulations, provincial ordinances, and court decisions, the standards creating public policy alter as states develop. The motif of public policy is critical when the question of enforcement of arbitral awards suffice. There is no definite meaning of the term in the famous Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Arbitration Convention) to enforce foreign arbitral awards. Hence, this paper explores and traces some contemporary trends in defense of public policy as an exception to the enforcement of arbitral awards worldwide.

THE ROLE OF THE JUDICIARY IN RECOGNIZING AND IMPLEMENTING INTERNATIONAL LAW: A COMPARATIVE ANALYSIS WITH SPECIAL REFERENCE TO SRI LANKA

Author(s): K.A.A.N. Thilakarathna / Language(s): English Issue: 2/2021

International law had had a profound impact and influence on the domestic legal system in the contemporary world. However, the status of international law within the domestic legal system is not properly defined in many of the jurisdictions including Sri Lanka. In the absence of such a constitutional provision, the judiciary as the last bastion of hope has a responsibility of interpreting domestic law in light of the international standards that have been agreed upon by the country through ratification of international treaties and those principles of customary international law that has become binding on the country. However, too much judicial activism could jeopardize the constitutional fundamentals of separation of powers and the rule of law. Therefore, this study argues that the best way to resolve this issue is by providing a constitutional provision for the role of the judiciary in the recognition and implementation of international law in a domestic context. Using a qualitative methodology with a comparative analysis of the constitutional provisions of the selected jurisdictions of India and South Africa a proposal is made for a constitutional provision for the judicial role in the recognition and implementation of international law in Sri Lanka. The results have revealed that a constitutional provision would help to advance the separation of powers and the rule of law and to well define the role of the judiciary in absorbing international treaty law to the domestic sphere, making the law more certain and predictable and upholding the rights and duties of individuals in a domestic context while fulfilling international obligations of a country under the domestic legal system.

TESTAMENTARY FREEDOM AND THE 'GUALDENSE' OR SOCINI MEASURE OF CAUTION. BACKGROUND AND HISTORICAL DEVELOPMENT

Author(s): Maria del Pilar Perez Alvarez / Language(s): English Issue: 2/2020

Our study focuses on the measure known as the Socini caution, its background in Roman Law and its subsequent formulation and development until its codification, some records of its reception remaining in current Spanish Common Law. The Socini measure of caution consists in the testamentary provision granting the inheritor of the legitime, or 'forced heir', the choice between accepting the testator's disposition, leaving more than the lawful share of an inheritance but subjecting it to an encumbrance, or receiving only the strict 'portio legitima' and renouncing the excess. This precise concept of the caution is examined herein. This figure is on the borderline between testamentary freedom and respect for the 'portio legitima', or what is known as ‘the qualitative intangibility of the legitime’, which is tantamount to a restriction on testamentary freedom. Therefore, before analysing these testamentary cautions I shall briefly refer to the historical background and development of the legitime and its legal nature, in order to set the context for this study.

Ако криминалните романи бяха реални наказателни казуси

Author(s): Ina Lozanova / Language(s): Bulgarian Issue: 3/2020

The current article aims to present a hypothetical review of some legal omissions in selected, reader-favorite crime novels. The material is based on legal principles which are common to states governed by the rule of law, and it would be useful to students of law and other academic courses. The presented cases in works of fiction have been analyzed from the standpoint of the acting Bulgarian penal law and Criminal Procedure Code.

THE LEADERSHIP REQUIREMENT OF THE CRIME OF AGGRESSION UNDER THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT

Author(s): Faruk H. Avdic / Language(s): English Issue: 3/2021

The subject of this analysis was the provisions of the Rome Statute of the International Criminal Court devoted to the leadership requirement of the crime of aggression. The crime in question is the successor of crimes against peace. This paper employed normative and formal dogmatic legal methods in analyzing the particulars of the leadership clause. Besides, this analysis also took into consideration the case-law of certain judicial bodies. This paper aimed to examine whether the leadership requirement of the crime of aggression has been properly constructed for the Statute. The main focus was on the meaning of the conditions stemming from the leadership clause that each perpetrator ought to fulfill to incur criminal responsibility for the crime of aggression. Additionally, this research addressed the criminal responsibility of public and private actors and the modes of participation in the crime in question. The article established that the leadership requirement concerning the crime of aggression has been aptly incorporated in the Statute since this requirement, at the same time, embraces the post World War Two standards concerning crimes against peace and the contemporary notion of aggression as one of the core crimes under international law.

THE CONCEPT OF JUSTICE IN REFERENCE WITH PHILOSOPHIES OF PLATO AND ARISTOTLE: A CRITICAL STUDY

Author(s): Sooraj Kumar Maurya / Language(s): English Issue: 3/2021

The concept of justice has been a constant issue since its conception. The Greeks also attempted to define justice. They have observed justice as goodness in deeds and so a virtue. In the Greek mind, fairness was an attribute of the spirit or soul, while injustice was a sin. Both Plato and Aristotle defined justice as kindness as well as a desire to follow the law. It alluded to the connection between rights and duties. In human interactions, justice was the pinnacle of excellence and the attitude that animates folks in the right fulfillment of their responsibilities. The development of harmony and peace in thinking and conduct was pre-eminently social. In the same way, Aristotle's and Plato's fairness are complementary; both philosophers seek to discover a concept of ability by which unity, harmony, virtue, and pleasure may be produced in a community. Despite this shared agreement, they are fundamentally different in many ways. In this paper, an attempt has been made by the author to discuss the similarities and dissimilarities in theories of justice propounded by Plato and Aristotle.

РИМСКАТА ИДЕЯ ЗА „ПЕРПЕТИУРАНЕ НА ЗАДЪЛЖЕНИЕТО“ И ПРОБЛЕМЪТ С ДОГОВОРНАТА ОТГОВОРНОСТ

Author(s): Riccardo Cardilli / Language(s): Bulgarian Issue: 1/2021

The perpetuatio obligationis is the result, in a terminology proper to the jurisprudence subsequent to the veteres, of a creative interpretation of the late-republican jurisprudence which will assume in the subsequent tradition the relevant qualification of constitution veteris. The terminological formulation may also have had a modernization in the writing of the Severian jurist Paul, but without altering its dogmatic meaning. It is an up-to-date expression of what was technically the effect of the constitutio veterum on the level of the claimant in the event of perishing of the thing object of the rem dare oportere for a cause attributable to the debtor. The veteres believed, that the persistence of actionability with condictio of the rem dare oportere was based precisely on the idea that rem dare oportere was perpetuated even though the due thing perished.

«MAIORA QUIS PONDERA TIBI COMMODAVIT CUM EMERES AD PONDUS». БЕЛЕЖКИ КЪМ D. 47.2.52.22 (ULP., 37 AD ED.)

Author(s): Mariagrazia Rizzi / Language(s): Bulgarian Issue: 1/2021

The article is aimed at a thorough analysis of the solution of a legal case originally offered by Mela and then proposed again by Ulpian, regarding the lending of pondera maiora, which were used by the borrower to weigh goods for the purpose of purchasing said goods. Mela identifies the lender of the weights as a legitimate subject to an actio furti brought in by the seller of those goods; the text also contains an additional remark that the borrower/buyer will have to respond to the same action, if he has scientia about the incorrectness of the weights. The author examines the various hypotheses brought forward by scholars so far, and offers a new interpretative key to the case in an attempt to understand the reasoning that might have led Mela to his solution – a reasoning, which possibly might have been more sophisticated than recognized until now.

REFLECTIONS ABOUT CONFUSION AS MEANS OF EXTINCTION OF OBLIGATIONS GUARANTEED BY BOND

Author(s): Carmen Salcedo / Language(s): English Issue: 1/2021

The extinguished effects of confusion in civil obligations are verified in agreement with very particular rules in diverse categories of legal relations in which they affect and distinctive as well are the solutions that roman legal sources contribute in this sense, by which always maintaining as base of our study the unity in regards to the definition of the institution, we have projected our interests for the analysis of the confusion in the obligations with guarantee field, most definitely about the guaranteed obligations with the bond in accordance to their manifestation between deserving of and principal debtor, between deserving of and guarantor and lastly, between debtor and guarantor.

УРБАНИСТИЧНИЯТ ПРОИЗХОД НА ЕДИКТИТЕ „DE EFFUSIS VEL DEIECTIS“ И „DE POSITIS VEL SUSPENSIS“

Author(s): Luis Rodrigues Ennes / Language(s): Bulgarian Issue: 1/2021

It is known that the ius honorarium criminalized a series of punishable conducts typified by criminals actiones in facture for the punishment of unlawful acts not covered by the ius civile. Among them we can observe several actions that punish the free and reasonable use of public roads such as those against people who throw liquids or solids and place objects on eaves or balconies that could hurt during their fall. The opportune pretorian intervention, at exactly the right moment when the new urban situation requires it, constitutes an irrefutable proof that the Roman jurisprudence, far from fossilizing, is always ready to provide the solutions required by the changing social demands.

SOME ASPECTS REGARDING THE WORSHIP OF WATER IN ROMAN MYTHOLOGY

Author(s): Cristina Pop / Language(s): English Issue: 2/2021

The worship of the water is part of religious practices of all polytheist peoples from Antiquity. It also held a large place in legends and in worship among Romans. For them, the sources of water, rivers and seas were inhabited by deities who were to be pleased and appeased with prayers and sacrifices. They were among the indigetes and appeared in the indigitamenta of the pontiffs, as in the ritual formulas of the augures. Therefore, Romans, in order to attract their good graces and turn away their anger, addressed prayers to gods of water, offered them sacrifices, built shrines and temples for them.

МОРСКОТО ПИРАТСТВО КАТО МЕЖДУНАРОДНО ПРЕСТЪПЛЕНИЕ. РАЗГРАНИЧЕНИЕ ОТ СХОДНИ ПРЕСТЪПЛЕНИЯ ПО НАЦИОНАЛНОТО НАКАЗАТЕЛНО ПРАВО

Author(s): Iva Pushkarova / Language(s): Bulgarian Issue: 2/2021

The international crime of piracy often presents a number of complications related to its perpetration in various and continuous forms and together with other crimes and recognition of the applicable law. The paper outlines its general legal and criminological characteristics, provides criteria for its legal qualification and differentiation from robbery, maritime crimes, war crimes, terrorism and other crimes and some insights on its development as a criminal phenomenon.

Библиография на българската правна литература за 2020 година

Author(s): Blagovesta Balkandzhieva / Language(s): Bulgarian Issue: 1/2022