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Философско-психологическият и етико-правният потенциал на наказателно-изправителната дейност

Философско-психологическият и етико-правният потенциал на наказателно-изправителната дейност

Author(s): Yordan Gabrovski / Language(s): Bulgarian Issue: 1/2015

The author is an expert in the problems of criminal rehabilitation. In the paper are considered some philosophical, psychological, ethical and legal dimensions of the integration of former criminals.

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Корекционно-възпитателно въздействие при провеждане на програми за обществено въздействие с извършители на леки престъпления

Корекционно-възпитателно въздействие при провеждане на програми за обществено въздействие с извършители на леки престъпления

Author(s): Daniela Petkova / Language(s): Bulgarian Issue: 1/2013

This paper is a brief overview of the group correctional work through programs of public influence to the perpetrators of minor offenses. Described are the specifics of the basic principles, methods and approaches for conducting group work with sentenced to “probation” persons, on this basis are outlined several key conclusions and recommendations that allow optimization of psychosocial and educational intervention at blunt of the punishment and the development of workable strategies for combating criminal behavior in general.

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Избирането на д-р Желю Желев за председател (президент) на Народна република България от Седмото Велико народно събрание

Избирането на д-р Желю Желев за председател (президент) на Народна република България от Седмото Велико народно събрание

Author(s): Asen Tyutyundzhiev / Language(s): Bulgarian Issue: 1/2018

The article examines a number of specific political events and processes, which led to Dr Zhelyu Zhelev’s election, by the Seventh Grand National Assembly (GNA), as Chairman/President of the People’s Republic of Bulgaria. It presents a brief historical overview and analysis of the emergence of a democratic opposition in Bulgaria and the opposition’s subsequent discussions with the Bulgarian Communist Party (BCP) at the National Round Table. Special attention is paid to debates within the most important anti-communist federation, the Union of Democratic Forces (UDF), and its initial nomination of Dr Petar Dertliev for the presidency. The article considers the five voting rounds, which did not result in the election of head of state, as emphasis is laid on the motives and political views of the three candidates for the post. The reasons for the BCP’s unwillingness to support Dr Dertliev’s candidacy and his decision not to run are analysed at considerable length. Attention then focuses on Dr Zhelev’s nomination for the post by the UDF and the sixth round of voting by the Seventh GNA, which led to his election as President. The reasons for the BCP’s decision to support an opposition candidate are discussed as well as “the historic compromise” that was made in electing, for the first time in several decades, a head of state who was nor connected with the Communist Party.

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Recenze

Recenze

Author(s): Ivo Cerman,Lenka Martínková,Kateřina Horníčková,Rostislav Smíšek,Vladimir Panov,Josef Hrdlička,Václav Bůžek,Josef Čížek,Ondřej Lee Stolička,Markéta Skořepová,Kateřina Pražáková,Josef Grulich / Language(s): Czech Issue: 2/2020

This paper contains bellow listed book reviews: 1. Tošnerová, Marie a Květová, Miroslava. Paměť měst: narativní prameny k dějinám Prahy, Českých Budějovic a Litoměřic do roku 1800. Praha: Masarykův ústav a Archiv Akademie věd České republiky, v.v.i., 2019. 430 stran. Studie o rukopisech. Monographia, svazek XXII. ISBN 978-80-88304-21-0. 2. Hrachovec, Petr. Die Zittauer und ihre Kirchen (1300-1600): zum Wandel religiöser Stiftungen während der Reformation. [Leipzig]: Leipziger Universitätsverlag GmbH, 2019. 752 stran, strany 822-984, ii strany obrazových příloh. Schriften zur sächsischen Geschichte und Volkskunde, Band 61. ISBN 978-3-96023-073-1. 3. Pavelec, Petr, ed., Gaži, Martin, ed. a Hajná, Milena, ed. Ve znamení Merkura: šlechta českých zemí v evropské diplomacii. Vydání první. České Budějovice: Národní památkový ústav, 2020. 823 stran. ISBN 978-80-87890-31-8. 4. Boček, Pavel a kol. Moskva - Třetí Řím: od ideje k symbolu. Vydání první. Praha: NLN, 2019. 346 stran. ISBN 978-80-7422-582-6. 5. Hrubá, Michaela et al. Sola fide - Pouhou vírou: luterská šlechta na Ústecku a Děčínsku a její kulturní dědictví: katalog výstavy konané na zámku Děčíně 25. dubna - 30. září 2018. Vydání první. Dolní Břežany: Scriptorium, 2019. 287 stran. ISBN 978-80-7561-180-2. 6. Ronald G. Asch, Vor dem großen Krieg. Europa im Zeitalter der spanischen Friedensordnung 1598–1618, Darmstadt, Wissenschaftliche Buchgesellschaft 2020, 446 s., ISBN 978-3-534-27222-8. 7. Kilián, Jan. Niklasberg 1618-1648: život a lidé v krušnohorském městě za třicetileté války. Vydání první. Praha: NLN, 2019. 314 stran, 8 nečíslovaných stran obrazových příloh. ISBN 978-80-7422-745-5. 8. Bakeš, Martin. Diplomatem v půlnoční zemi: zástupci Habsburků ve Švédském království mezi lety 1650 a 1730. Vydání první. Praha: Academia, 2020. 680 stran. Historie. ISBN 978-80-200-3040-5. 9. Jirková, Pavla. "Větší-li se, či menší mor": raně novověké morové epidemie v českých zemích. Vydání první. Praha: Odbor archivní správy a spisové služby MV v Tiskárně Ministerstva vnitra, p.o., 2019. 302 stran. ISBN 978-80-7616-045-3. 10. Malý, Tomáš. Obrazy a rituál: římské korunovace divotvorných Madon a koncept barokní kultury. Vydání první. Praha: NLN, 2019. 324 stran. ISBN 978-80-7422-691-5. 11. Konstantin Dimitrievič Bugrov – Michail Alexandrovič Kiselev, Естественное право и добродетель. Интеграция европейсково влияния в российскую политическую культуру XVIII. века, Ekaterinburg, Izdatelstvo uralskogo universiteta, 2016, 450 s., ISBN 978-5-7996-1980-0. 12. Dale K. van Kley, Reform Catholicism and the International Suppression of the Jesuits in Enlightenment Europe, New Haven–London, Yale University Press 2018, 370 s., ISBN 978-0-300-22846-5. 13. Nekvapil Jirásková, Šárka. Protoindustriální společnost: populační chování a životní strategie venkovského obyvatelstva severovýchodních Čech v 18. a 19. století. Vydání první. Pardubice: Univerzita Pardubice, 2019. 393 stran. ISBN 978-80-7560-261-9.

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ON JUST, JUSTICE AND DISTRIBUTIVE JUSTICE: A CRITICAL AND COMPARATIVE DISCOURSE

ON JUST, JUSTICE AND DISTRIBUTIVE JUSTICE: A CRITICAL AND COMPARATIVE DISCOURSE

Author(s): Sooraj Kumar Maurya / Language(s): English Issue: 2/2022

Despite being endlessly debated, a unanimous impetus on the nature of just, justice, and distributive justice appears entirely untouched to the desirable scientific certainty so far. Aristotle asserts treating’ equals equally and un-equals unequally’ but in proportion to their relevant differences. John Rawls says 'justice as fairness.' To both Aristotle and John Rawls, justice meant for the good and a willingness to act by the laws to ensure the highest good of society. Antecedently, both agree that justice is a master imperative for good human relationships and coexistence. However, despite the universal agreement, they differ in many fundamental respects. Aristotle denies the outbound distribution of an individual's rights as only the head of the family has the right to free speech in the family. But, Rawls distributes each right to the individual level. The paper attempts to discuss the similarities and dissimilarities in Aristotle's and John Rawls'ideas of just, justice and distributive justice. It has been argued that the aim of both philosophers was the same, i.e., to find out a theory of justice through which unity, harmony, virtue, and happiness can be attained to the fullest in a nation.

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book reviews

book reviews

Author(s): Václav Bůžek,Ivo Cerman,Kateřina Pražáková,Josef Hrdlička,Rostislav Smíšek / Language(s): Czech Issue: 1/2022

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CONSIDERATIONS ON THE CONCEPT AND HISTORICAL-LEGAL EVOLUTION OF USUCAPIO IN ROMAN LAW

CONSIDERATIONS ON THE CONCEPT AND HISTORICAL-LEGAL EVOLUTION OF USUCAPIO IN ROMAN LAW

Author(s): Carmen Salcedo / Language(s): English Issue: 1/2022

This paper aims to give a greater perspective to the study of an institution that even today presents complex situations because the usucapion or acquisitive prescription works as a kind of consolidation of a right, provided that a possessor has been for a certain period of time. Each legal system establishes the point of equilibrium between the interests confronted in a usucapion case based on certain elements, therefore it is useful to analyze the Roman legal experience as a scientific foundation of this complex institution that constitutes one of the great themes of the law of things.

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THE CONCEPT OF PRIMACY OF COMMUNITY LAW
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THE CONCEPT OF PRIMACY OF COMMUNITY LAW

Author(s): Constantin Gabăr / Language(s): English Issue: 2/2022

The importance of the increasing role of Community law is given by the implications for the legal systems of the Member States of the European Union. The European Community has evolved over the course of its history into a multi-state structure with an autonomously manifest legal order, with a system of law binding on each Member State and quasi-uniformly ‘adopted’ by the member states of the European Community. The relationship between Community law and national law can be quantified as follows:1.the prioritization of the competencies of Community law in relation to those of the national law, which implies a transfer of competencies to the European Union; this transfer can be total, as is the case of the customs tariff, or partial, a situation in which there is no need for a relationship between them; 2. the alignment of the legislative provisions of the national law with Community law; 3. the reconciliation of the consequences of the legal rules making up the two legal systems; 4. the concomitance of Community law with the national law, i.e., where Community law guides the application of national rules, as in the case of competition law.

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FORENSIC ASSISTANCE IN THE PRIVATE SECTOR
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FORENSIC ASSISTANCE IN THE PRIVATE SECTOR

Author(s): Constantin Rusnac / Language(s): English Issue: 2/2022

The desiderata implemented in forensics at the time of its birth as a special legal science, the knowledge gained during its development and its subject matter, overall determine the possibility of using forensic means, methods, and procedures in judicial and extrajudicial activities. This scientific paper describes the possibility of using the forensic arsenal not only in a criminal trial, but also in the context of other law enforcement actions, including in the field of civil law relations. In this regard, the methods of using forensic knowledge in civil and contravention processes are described, ensuring the economic and information security of the enterprise, establishing psychological contact in interviews, emphasizing the significant role of forensics in preventing and combating illegal acts. The author also highlighted some causes that prevent the use, outside the criminal process, of the opportunities offered by forensic.

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INTERNATIONAL MECHANISMS FOR THE PROTECTION OF HUMAN RIGHTS IN THE CONTEXT OF PUBLIC ORDER AND SECURITY (PART 1)
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INTERNATIONAL MECHANISMS FOR THE PROTECTION OF HUMAN RIGHTS IN THE CONTEXT OF PUBLIC ORDER AND SECURITY (PART 1)

Author(s): Ianuş Erhan / Language(s): English Issue: 2/2022

Public order and security of any state become the field that transposes the obligations of the status, or, namely in the process of their maintaining, ensuring, and restoring, the entire spectrum of competencies and activities that interfere with human rights is reflected. At the same time, the protection of human rights and freedoms in the context of public order and safety has always been and continues to be a permanent concern of the international community, an aspect that should not be neglected by positioning the interest of the state as a priority over the interests of the individual or of the community.

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The “mandatory” right to education as means of reintegration into society

The “mandatory” right to education as means of reintegration into society

Author(s): Crina Bianca Vereş / Language(s): English Issue: 1/2022

Internationally, human rights law guarantees a universal right to education. Education and training of inmates help reduce the social costs of crime. People outside of the prison environment have the luxury, or better yet freedom, of choosing the reason for pursuing a form of education or training, whilst for prisoners it is predetermined. Given that its final scope is the reintegration of prisoners into society as full functioning citizens, the right to education becomes an obligation to the state to guarantee the access to the resources available. Thus, the complexity of this right can be better seen in the prison environment, as its final purpose is to ensure that discipline and order are maintained in society.

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Od welfaryzmu do sentiokracji. [Recenzja książki Alasdaira Cochrane’a „Should Animals Have Political Rights?” Cambridge: Polity Press, 2020]

Od welfaryzmu do sentiokracji. [Recenzja książki Alasdaira Cochrane’a „Should Animals Have Political Rights?” Cambridge: Polity Press, 2020]

Author(s): Dariusz Gzyra / Language(s): Polish Issue: 10/2022

A book by British political philosopher and ethicist Alasdair Cochrane entitled Should Animals Have Political Rights? was published in 2019 by Polity Press in the Political Theory Today series. This book fits into the contemporary trend of theorizing the normative aspects of the relationship between man and other animals, which is sometimes referred to as the political turn. In his review, Dariusz Gzyra discusses the book’s structure and traces the trajectory of Cochrane’s thought, which evaluates – in the context of the postulate of animal protection and interspecies justice – the existing institutions, structures and political processes and proposes interesting changes and developments.

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THE ROMAN ARMY AT THE NORTH OF THE DANUBE: AN IMPORTANT FACTOR IN THE ROMANIZATION OF DACIA

THE ROMAN ARMY AT THE NORTH OF THE DANUBE: AN IMPORTANT FACTOR IN THE ROMANIZATION OF DACIA

Author(s): Cristina Pop / Language(s): English Issue: 2/2022

The Roman army was one of the most effective institutions of Ancient Rome. The Eternal City conquered and globalized the world through its soldiers. Dacia, as a future province of Rome, was no exception to colonization, so Dacia capta est. Therefore, the Roman model was also implemented in this territory, the army contributing in a direct way to the colonization of the people from the North of the Danube.

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БЪЛГАРСКИ ЛИЧНИ ДОКУМЕНТИ, ИЗДАВАНИ НА ЛИЦА С ПРЕДОСТАВЕНА МЕЖДУНАРОДНА И ВРЕМЕННА ЗАКРИЛА

БЪЛГАРСКИ ЛИЧНИ ДОКУМЕНТИ, ИЗДАВАНИ НА ЛИЦА С ПРЕДОСТАВЕНА МЕЖДУНАРОДНА И ВРЕМЕННА ЗАКРИЛА

Author(s): Tsvetomir Panchev / Language(s): Bulgarian Issue: 2/2022

Republic of Bulgaria shall provide international and temporary protection. To every foreigner that has been granted international protection shall be issued Bulgarian identity documents. International protection shall be provided by virtue of the Refugees relating to the Status Convention (made in Geneva on 28 July 1951) and the Protocol relating to the Status of Refugees of 1967 and other international acts on the protection of human rights. A foreigner with granted international protection shall have the right to reside on the territory of the Republic of Bulgaria for the period of validity of the Bulgarian personal documents, issued to him. He has the rights and the obligations of Bulgarian citizens with some exception. On the other hand, temporary protection shall be granted in case of mass refugees’ influx who are forced to leave their state of origin due to armed conflict, civil war, foreign aggression, violation of human rights or heavy violence in the territory of the respective state or in an individual region thereof, and who because of this cannot return there. Republic of Bulgaria issued a registration card to a foreigner, to whom temporary protection has been granted – for the period of protection. This article is an attempt to interpret the terms and the procedure for providing protection to foreigners on the territory of the Republic of Bulgaria, as well as their rights and obligations, including conditions of issuance and using Bulgarian personal documents. The author’s aim is to provide a legal different between International and temporary protection.

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Protection of Children's Cognitive Integrity - a Legal and Educational Context. TikTok case

Protection of Children's Cognitive Integrity - a Legal and Educational Context. TikTok case

Author(s): Dana Volosevici,Dragoş Grigorescu / Language(s): English Issue: 2/2022

In the paper we propose to analyze both from the point of view of the legal provisions in force, but also from the educational point of view, the cognitive situation of children in the face of exposure to applications such as those with a wide audience dedicated to socialization. Among the social interaction tools widely used by young people and children, we have chosen the TikTok application, as an illustration of the ways of legal and educational regulation with the aim of protecting the cognitive integrity of children. In the absence of effective legal actions and educational interventions by the decision-makers regarding children's development, in our opinion, the cognitive autonomy of children is seriously affected. At the same time, we present sufficient legal and educational ways to preserve the academic well-being of children.

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Virtual Professional Identity, Legal and Ethical Aspects. A Conceptual Framework

Virtual Professional Identity, Legal and Ethical Aspects. A Conceptual Framework

Author(s): Dragoş Grigorescu,Dana Volosevici / Language(s): English Issue: 1/2023

The text uses two tools to interpret the relationship between employee and employer. The first tool is anthropological, while the second is a legal one. In this way, the complex relationship between an employee and an employer is analyzed in the larger context of doubling the real identity of the two participants with a virtual identity for each of them. Therefore, the relationship will include two levels of reporting from the employee to the employer and vice versa. The employee will be viewed by the employer both as a natural person, therefore real, but also as a virtual person with the virtual identity or profile. In turn, the employee will refer to the employer both as a legal person and as a virtual legal person. In the following lines we propose to establish a possible ethical boundary between the employee and the employer as virtual entities capable of orienting the anthropological and legal analysis.

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ALTERNATIVE MEASURES RELATING TO THE DEPRIVATION OF LIBERTY OF JUVENILE OFFENDERS DURING THE CRIMINAL TRIAL

ALTERNATIVE MEASURES RELATING TO THE DEPRIVATION OF LIBERTY OF JUVENILE OFFENDERS DURING THE CRIMINAL TRIAL

Author(s): Ștefan - Tiberiu Ciurea / Language(s): Romanian Issue: 36/2024

The present article addresses the importance of alternative measures to deprivation of liberty in the context of the evolution of the criminal phenomenon in terms of the offences or crimes committed by minors, so that the impact on the personality and development of the young people in question are not disproportionate to the purpose pursued by taking the measure, namely ensuring the smooth conduct of the criminal process, preventing the commission of other crimes, child rehabilitation and his/her reintegration in society.

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Fidelity and Integrity in the Relationship between Employee and Employer

Fidelity and Integrity in the Relationship between Employee and Employer

Author(s): Dana Volosevici,Dragoş Grigorescu / Language(s): English Issue: 2/2023

The present text aims at a conceptual analysis of the legal and moral bases involved in building and understanding the employment relationship between employer and employee from the point of view of the idea of employee fidelity to the employer. That is why the text contains, on the one hand, a legal analysis of the presumptive primacy of the employer's interest in the employee in the partnership assumed by the employment contract, especially when the employee's obligation to fidelity to the employee is associated with the idea of loyalty, and on the other hand, the article goes beyond the legal framework of the employment relationship to that of the social and moral philosophy that the employee-employer relationship assumes. For example, in the core of the moral philosophy analysis is debated the theoretical basis on which a tacit assumption of the organizational values that the employee accepts by signing the employment contract can be based and by virtue of which the employer in turn can justifiably request from the employee a fidelity and loyalty beyond the explicit provisions of the employment contract. Finally, the article tries to show that an integrative concept such as integrity, borrowed as an extension from the field of business ethics (codes of ethics and professional integrity), can be a useful solution in the balanced distribution and understanding of obligations and permissions between employee and employer in the case of the unwritten moral area of the employment contract.

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БЕЛЕЖКИ ПО ВЪПРОСА ЗА ПРОИЗХОДА НА ЗАКОНА ЗА СЪДЕНЕ НА ЛЮДЕТЕ

БЕЛЕЖКИ ПО ВЪПРОСА ЗА ПРОИЗХОДА НА ЗАКОНА ЗА СЪДЕНЕ НА ЛЮДЕТЕ

Author(s): Boris Velchev / Language(s): Bulgarian Issue: 1/2024

The study is dedicated to the question of the origin of the Zakon Soydnii Ludem. It examines the connections of the original provisions of the law, which are not borrowed from the Ekloga, with the Responsa Nikolai Papae I ad consulta Bulgarorum. It is concluded in in the study that such connections cannot be established with certainty, but they also cannot be rejected. Furthermore, the question of the significance that this law had in Russia during the 13th century is discussed, linking it to the possible reception of the law in Russia during its baptism in the 10th century.

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LAESIO ENORMIS – ПРЕКОМЕРНОТО УВРЕЖДАНЕ В СЛЕДКЛАСИЧЕСКОТО РИМСКО ПРАВО СПОРЕД РЕСКРИПТИТЕ НА ИМПЕРАТОР ДИОКЛЕЦИАН В ЮСТИНИАНОВИЯ КОДЕКС (CJ.4.44.2; CJ.4.44.8)

LAESIO ENORMIS – ПРЕКОМЕРНОТО УВРЕЖДАНЕ В СЛЕДКЛАСИЧЕСКОТО РИМСКО ПРАВО СПОРЕД РЕСКРИПТИТЕ НА ИМПЕРАТОР ДИОКЛЕЦИАН В ЮСТИНИАНОВИЯ КОДЕКС (CJ.4.44.2; CJ.4.44.8)

Author(s): Methody Todorov / Language(s): Bulgarian Issue: 1/2024

Laesio enormis is based on two rescripts of Emperor Diocletian in the Codex Justinianus (CJ.4.44.2, CJ.4.44.8). This institution does not exist in classical law, nor is it found in the Codex Theodosianus. The article justifies the issuance of the rescripts by Emperor Diocletian and the authenticity of part of the text, as well as the presence of interpolations in other parts of it. With their inclusion in the Codex Justinianus, a generalization of a legal authorization given for a private case and an exclusive hypothesis was made, and with the reception of the Codex Justinianus since the Middle Ages, this legal institute was adopted as a principle of contract law. The paper analyses his reception in canon law-the decretal Cum dilecti (Decr.Greg.3.17.3) of Pope Alexander III.

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