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TEORIJA PARTIZANA - UZGREDNA NAPOMENA O POJMU POLITIČKOG

Author(s): Carl Schmitt / Language(s): Serbian Publication Year: 0

Kada posebno govorim o modernim teorijama o partizanima, onda radi pojašnjenja teme moram naglasiti da stare teorije o partizanima nasuprot modernim ovde u stvari i ne postoje. U klasičnom ratnom pravu dosadašnjeg evropskog međunarodnog prava nema mesta za partizana u modernom smislu reči. On spada ili - kao u kabinetskom ratu XVIII veka - u neku vrstu lakših, naročito pokretljivih, ali regularnih trupa, ili je, kao naročito gnusan prestupnik stavljen jednostavno izvan zakona, on je hors la loi. Sve dok se u ratu zadržalo još nešto od predstave o dvoboju sa isukanim oružjem i viteštvom, to i nije moglo biti drugačije.

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Защо законите ни задължават? Сравнение между теориите за правната нормативност у Цеко Торбов и Ханс Келзен

Author(s): Simeon Efimov Groysman / Language(s): Bulgarian Publication Year: 0

Why Do Laws Obligate Us? Comparison Between the Theories of Legal Normativity byTseko Torbov and Hans Kelsen. According to Kelsen's famous view the validity of the constitution must be presupposed in order to preserve the “purity” of legal science - id est, to avoid the deducement of norms from facts. I compare this theory to its Cantian methodological roots and to the “legal criticism” of Tseko Torbov (1899- 1987). The pioneer of the Neokantian legal philosophy in Bulgaria tried to outgrow the Kantian doctrine of law. He introduced the lacking in Kant`s model basic legal principle, which functioned as a validating reason for all the “lawful” (real) norms. Its substance according to Torbov is justice. At the end of the article I explain the differences with the contrasts between Kelsen's and Torbov's views on meta-ethics.

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Принципът на правовата държава в правния ред на Европейския съюз

Author(s): Hristo Hristev / Language(s): Bulgarian Publication Year: 0

The principle of the rule of law is a fundamental element of the legal order of contemporary democracy. Even though it has been created on the basis of international treaties, the European Union is affirming as new type of organization of public authority, in whose legal system a series of manifestations of the rule of law find their expression. Through the case law of the Court of Justice of the European Union and through series of amendments of the Founding treaties, the principle of the rule of law turns into a state of constitutional character for the legal order of the EU, determining both the legality of the acts of the European institutions and the belonging of the member-states to the Union.

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To What Extent Are Migrant Workers’ Rights Positioned within the Discourse of Human Rights?

Author(s): Süreyya Sönmez Efe / Language(s): English Publication Year: 0

“World community has entered into the varying degrees in to a universal community and violation of rights in one part of the world is felt everywhere…the idea of cosmopolitan right is therefore not fantastic and overstrained; it is a necessary complement to the unwritten code of political and international rights, transforming it into a universal right of humanity. Only under this condition can we flatter ourselves that we are continually advancing towards perpetual peace” (Immanuel Kant, 1795).

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Pravo i etika - Žene i Jevreji u vatikanskom sistemu pravnih i etičkih vrednosti kroz istoriju u svetlosti teorije definicionizma -

Author(s): Vladimir Umeljić / Language(s): Serbian Publication Year: 0

The author deals with the relationship between the Vatican, through its system of legal and ethical values, to women and Jews. Then the relationship of law and ethics is transferred to the field of modern society, considering the different views of the genocide, some of which are unethical and based on a distinctive conception of genocide in the light of political and ideological needs.

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A Charter of Rights for Europe

Author(s): Ceri Hywel Jones,Mathew Heim,Cristina Pineda Polo / Language(s): English

The European Charter of Fundamental Rights is the first formal European Union (EU) document to bring together the values and the fundamental rights enjoyed by EU citizens. The issues raised by the Charter therefore go far beyond legal technicalities and are intrinsically linked with the question of what role the Union is expected to play in the lives of its citizens. The aim of this paper is to analyse these issues and suggest solutions to some of the problems which the Convention on the Future of Europe and the Member States are faced when considering the Charter, notably regarding the implications of incorporating the Charter within the treaties and Union’s accession to the European Convention on Human Rights (ECHR). // This Paper, therefore, covers a number of points relating to incorporation, such as the status of the Charter in a Constitutional Treaty, the question of redrafting and amendments to the Charter, the impact on EU competences and access to justice. Regarding the question of accession to the ECHR, points covered include the question of whether the Union or European Community should accede, the creation of a legal basis for accession, forms of accession, the impact on competences and autonomy of the Community legal order, as well as on Member States’ individual positions and the relationship between the EU and ECHR courts.

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Conținutul normei juridice în contextul crizei Covid. Ordonanța – Hotărâri – Ordine de ministru

Author(s): Ion Flămînzeanu / Language(s): Romanian Publication Year: 0

As evidenced by the Covid-19 pandemic, the crises are becoming more complex and do not stop at the borders. The EU and its Member States have already set up cross-border cooperation and solidarity mechanisms to effectively manage crises and protect people. The EU's response to crises needs to evolve, as other acute crises can occur that could be multidimensional or hybrid, have cascading effects or occur simultaneously.

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Criza sanitară SARS-CoV-19 – criză a Dreptului?

Author(s): Cristian Neacsiu / Language(s): Romanian Publication Year: 0

Having in our minds the consideration that times of trials are times of reckoning, and in the case of the health crisis generated by the SARS-CoV-2 pandemic situation, the multi-dimensional test that this unique biological situation has brought upon humanity, in a sine qua non manner it was one at least mediated by Law at least in the sense of mitigating and reducing the effects of this scourge. If on the one hand, medicine through its medical solutions, medical practice, respectively the corpus of doctors was and it is the direct solution to suppress the SARS-CoV-2 pandemic crisis as a solution that takes place in pysical reality of common sense, on the other hand, the Law has the value of the main conceptual tool as the virtual weapon of the fight against this pandemic crisis through the very imperative measures that it can order in all sectors of social life as a prerogative of legal force, equity and last but not least, Morality – as elements which illustrate the systemicity owned.

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Незаменимост на човешкия труд при упражняването на адвокатската професия

Author(s): Maria Dimitrova Chochova / Language(s): English,Bulgarian Publication Year: 0

The article examines the human dimensions of the legal profession without prejudice to the undoubtedly beneficial conveniences of modern life associated with technological and informational advances. The legal profession as a human and only human activity is the subject of reflections in the exhibition. With an attempt to positively argue the claim that artificial intelligence could not replace the activity of the lawyer. The exposition is without pretensions to be exhaustive.

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Resocijalizacija osuđenih lica kroz prizmu penološke andragogije

Author(s): Edis Bajić,Dejan Đorđević / Language(s): Bosnian,Croatian,Serbian Publication Year: 0

The problem of punishing convicted persons has always been a current topic of every human society. However, the purpose of every pronounced criminal sanction is the resocialization of convicted persons, which is carried out through the implementation of institutional re-educational treatment. The main discipline that deals with the problem of punishment and re-education of convicted persons is called penological andragogy. The goal of this work is to point out the theoretical starting points of this science, its subject, but also the connection with other scientific disciplines. This science is dynamic and requires constant upgrading, and its role is extremely important in the resocialization of criminals. Penological andragogy gives us clear guidelines on how and in what manner to deal with convicted persons who are serving a prison sentence. Her methodical approach is very important for the penological staff who work every day on the implementation of pre-educational treatment, and this article is also focused on some important forms and forms of pre-educational work that are used by educators on a daily basis.

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Еволюцията на правото в контекста на конституционната промяна

Author(s): Boyka Cherneva / Language(s): Bulgarian Publication Year: 0

The report examines the evolution of law as part of institutional change. A legal sociological approach is used, assuming that law is a basic social institution in the structure of the social system. The terms "institutions of law" and "sources of law" define the boundaries of the legal system within which law changes. The distinction between legal change as evolution in law and changes in legislation as a mechanism for effective regulation of public relations is perceived. The publication emphasizes the evolutionary function of the constitution as a source of law. It is argued that the evolution of law takes place at the constitutional level. From a sociological point of view, changes in the constitution are an element of social and institutional change, and from a legal point of view there is evolutionary legal thinking (a balance between legal dogmatics and substantial changes in legal thinking).

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Правно регулиране на интелектуалната собственост през призмата на принципа на националния режим

Author(s): Trayan Kosev / Language(s): Bulgarian Publication Year: 0

The report examines the content of the principle of national regime and its different interpretations, in relation to the different approaches of the international treaties that regulate it. The manifestation of the principle in each individual sphere of intellectual property is considered. An analysis is made regarding the role of the principle of national regime in relation to legal regulation in the field of intellectual property at the national level. The various approaches in the conventional international framework regarding the introduction of the principle as a guarantee to overcome the limitations imposed by the territorial nature of the objects of intellectual property are examined.

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Правна същност и особености на консорциалните дългове при неправосубектния консорциум

Author(s): Dimitar Atanasov / Language(s): Bulgarian Publication Year: 0

The following paper explores some of the legal aspects of consortial debts and obligations in the unincorporated consortium. The article proposes a definition of the term, outlines the main forms of consortial debt and obligations and examines their defining characteristics. Based on the typical interests and reasonable expectations of consortia creditors and the usual contractual practice a conclusion is made that in absence of agreement with the creditors to the contrary a joint and several obligation arises as a default rule and all consortia members are jointly and severally liable for damages in case of nonperformance that constitutes a breach of contract regardless of their personal fault. The paper furthermore outlines some of the defining characteristics of the consortial duty and standard of care which is reasonably expected from consortial members when fulfilling their obligations. In the concluding remarks the paper proposes a de lege ferenda default rule of joint and several liability of consortial members.

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Предизвикателства пред конституционното регулиране на символите на българската държава (в контекста на законопроекта за изменение и допълнение на конституцията от 2023 г.)

Author(s): Zornitsa Yordanova / Language(s): Bulgarian Publication Year: 0

This report comments the proposal, included in the Draft Law for the Amendment of the Constitution of the Republic of Bulgaria of 2023, to add the national holiday among the symbols of the State, outlined in Chapter 10 of thе Constitution, and to change its date. A historical and comparative legal analysis is carried out and suggestions de lege ferenda are made regarding the constitutional regulation of national symbols.

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По въпроса за разноските при отмяна на нормативен административен акт в хода на съдебното производство

Author(s): Nadezhda Hristova / Language(s): Bulgarian Publication Year: 0

The study is devoted to the issue of the applicant's right to costs in the annulment of a normative administrative act contested before the court in the course of the court proceedings. More specifically, the research provides an answer to the question whether the cancellation of a regulatory administrative act can be equated to the withdrawal of an administrative act within the meaning of Art. 156 of the Code of Administrative Procedure and whether normative administrative acts can be withdrawn at all. A critical analysis of the legislation is made and redactions de lege ferenda are proposed. The research presents author's analyzes and conclusions, as well as doctrinal opinions and judicial practice on the issues raised.

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Система на държавни органи в конституцията на НРБ от 1947 г. Правноисторически анализ

Author(s): Desislava Stoyankova / Language(s): Bulgarian Publication Year: 0

In the history of the law of the Bulgarian state, with the change of the political situation, the basic law also changes. Every newly adopted constitution is an expression of the basic principles, institutes and state bodies. The Constitution of the People's Republic of Bulgaria of 1947 marks the beginning of a new political model of governance.

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По някои въпроси при смесените фактически състави на концесионните договори

Author(s): Katia Vladimirova / Language(s): Bulgarian Publication Year: 0

Concession relations arise and develop as a result of a complex factual composition, which consists of public law and private law elements. The emergence of concession relations is subject to public law. Concession contract execution, non-execution, consequences of such non-execution, penalties, damages, etc. such are subject to private law. The special nature of the concession contract, and more specifically its public law aspect, impose specifics when settling the disputes arising on the occasion of the execution, amendment and termination of these contracts and differences from classic civil and commercial contracts.

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За природата на легалните и научните определения на правните понятия

Author(s): Viktor Ivanov / Language(s): Bulgarian Publication Year: 0

The legal definitions of the legal terms are product of indepth scientific research, but therewith the legislator pursues not the disclosure of the essence of one or another legal phenomenon hidden from our everyday experience, but the formation of an effective and non401 contradictory normative system as his main goal. Therefore, they do not pursue a real scientific goal - revealing the objective truth about one or another phenomenon - but a legalnormative one. In contrast to the legal definitions, the veritable scientific definitions of the legal terms, which are formed on the plane of every single desacralizing theory of law, pursue a real scientific goal - to expose delusions, the fruit of objective illusions, and to reveal the hidden essence of the legal phenomena! While the legal definitions find their place primarily in a formally non-contradictory normative system, the definitions that do not serve normative needs, but own scientific needs, find their fundamental place in the system of the scientific knowledge. They are aimed at revealing the hidden essences of the phenomena, by overcoming the appearances and revealing the delusions formed by the objective illusions of the everyday consciousness. The real scientific definitions are formed with the methods of the paradoxical logic and reveal the internal contradiction of the legal phenomena.

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Правото по чл. 5 § 1, б. ,,с“ от Европейската конвенция за защита правата на човека

Author(s): Adelina Hadjiyska / Language(s): Bulgarian Publication Year: 0

The report examines the right under Art. 5 § 1, b. "c" of the European Convention for the Protection of Human Rights and the provided procedural guarantees to ensure "timely" and "automatic" judicial control under Art. 5 § 4 ECHR. As a result of the review of key decisions of the ECHR, the grounds for imprisonment under Art. 5 § 1 b "c". Attention has been drawn to the fact that whenever it concerns deprivation of liberty under Art. 5, item 1, b "c", at the national level, the relevant state should have provided for guarantees under Art. 5 § 4 of the Convention. This is so because the main purpose of Art. 5 § 3 of the ECHR is the creation of a balance between the public interest in the prosecution of a crime (even if only in the presence of a reasonable suspicion) and the protection of the personal freedom that every citizen possesses from arbitrary actions of state authorities.

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Търновската конституция и въпросът за основанието на правото

Author(s): Dimitar Stoyanov / Language(s): Bulgarian Publication Year: 0

The foundation of the law as a value and philosophical category is inextricably linked to the establishment of permanent and effective basic laws and other normative acts. The Tarnovo constitution embodies fundamental categories of freedom, equality, justice and others. In this way, it not only fulfills the objectives of the law, but also represents an example of an effective comprehensive approach in the drafting and adoption of a basic law through the reflections that are laid down in it. The essential idea of the foundation of the law is to justify it as a system and to give its manifestation in all categories of legal acts.

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