"Words hurt for life" – legal aspects of verbal punishment of children

Author(s): Sylwia Rózycka-Jaros / Language(s): English / Issue: 2/2016

This paper is dedicated to the issues of verbal punishment of children during the upbringing process. Statistics show that this is the most common type of punishment of children used by parents. Unfortunately, it often takes the form of a humiliating criticism, shouts or intimidation. All this affects negatively the child’s psyche. Taking into consideration the amendments which introduced a total prohibition on using corporal punishment towards children to Polish legislation, the issue of the limits of verbal punishments permitted by law still remains unsolved. Apart from a short definition and the description of the scale of this phenomenon, this paper is mainly dedicated to a legal analysis, which takes into account the stances of the doctrines of criminal and civil law. This paper attempts to give a straight answer to the doubts concerning this matter.

A Study on Assertivness, Efficiency and the Quality of Judicial Work

Author(s): Aleksandar Mojaševic,Sandra Mojaševic / Language(s): English / Issue: 1/2017

A Study on Assertivness, Efficiency and the Quality of Judicial WorkThe subject matter of this research is the correlation between the judges’ assertiveness and the efficiency and quality of judicial work. The primary aim is to examine whether there is a correlation between the judges’ assertiveness, on the one hand, and the efficiency and quality of their work, on the other hand. The second aim is to explore the correlation between the efficiency and quality of judicial work. The starting premise is that there is a correlation between particular indicators of these variables. Judges’ assertiveness is a conditionally independent variable used as a referential point for measuring two conditionally dependent variables: the efficiency and the work quality of the judiciary. The assertiveness was measured by a standardized questionnaire which was distributed to a research sample including 40 judges from the Criminal Department and the Civil Department of the Basic Court in Niš in May 2015. The efficiency of judicial work was measured by employing four indicators: the clearance rate (CR), the disposition time (DT), the clearance coefficient (CC) and the percentage of solved cases as related to the total number of cases (PS), whereas the quality of judicial work was assessed by measuring the overall work quality (WQ). The data on the efficiency and quality of judicial work were collected from the 2014 Report on the work of the judges in the Civil Department and the Criminal Department of the Basic Court in Niš. Contrary to our expectation, the most important finding is that there is no correlation between assertiveness and the efficiency and quality of judicial work; however, there are various correlations between the aforementioned indicators of efficiency and quality of judicial work.

About Security in Contemporary World

Author(s): Ladislav Hofreiter / Language(s): English / Issue: 21/2015

The task to ensure security in contemporary world is a complicated political, scientific-technological and socio-economic problem. As the security itself is complicated, multifactor and hierarchized phenomen also its investigation has to be of an interdisciplinary character. The character of security environment, the character of security risks and threats and also the character of tools for their elimination are essentially changing. The basis to security of social subject consisted in arrangement of the conditions for their existence, to surviving in the present time and advancement into the future. Assurance of this condition means it provided ability to the social subjects to eliminated threats that are defined. In situations of asymmetrical security, the threats are not always clearly defined. They often consist of their own structure systems, in relationships and status the subjects of internationals relations. Asymmetrical of security, by our opinion, presents a discrepancy, unbalance, non-parity between subjects of the international security environment. The unbalance, discrepancy, non-parity has political, military, economic, law, social and societal dimensions.

Accessorial Liability in Common Law: A Critical Analysis

Author(s): Fernanda Florentino Fernandez Jankov / Language(s): Serbian / Publication Year: 0

In this work it is analyzed an interesting institute of American criminal law and that is accessory liability. This institute, besides else, stays in a very interesting relation with the doctrine of so called joint criminal enterprise. That relation is not so clear, and the author points out some problems in that relation. The author also makes an analyze of some cases of accessory liability.

Administracja. Prawo administracyjne. Część ogólna

Author(s): / Language(s): Polish / Publication Year: 2018

The monograph entitled Administration. Administrative law. General part presents the issues pertaining to the general part of administrative law in plain, clear language. The book’s content is divided into five parts. Part One deals with the peculiarities of administration in a free, democratic welfare state under the rule of law. Part Two presentsmajor issues related to administration understood as a function of the state which is regulated by law. Part Three of the publication, in turn, discusses particular forms of administrative actions, whereas Part Four – the relationships regulated by administrative law. The concluding Part Five of the monograph concerns the responsibility borne by public administration and its bodies.As an academic textbook this publication is aimed at students of law and administration, as well as articled clerks, but it may also be of use to legal practitioners. This publication constitutes a substantial contribution in the discussion about directions of changes in public administration that have been taking place since the year 1990, when Poland’s political system was transformed thereby restoring local selfgovernment.The latter, as a basic form of centralized public administration, functions as an important school of democracy and empowerment of local communities. Both the Editors and the Contributors of this publication are outstanding experts in the field as well as experienced practitioners, which translates into high intellectual value of their studies included in the book.

ADMINISTRATIVE REFORM AND DEBATES OVER PUBLIC AGENCIES’ ROLE IN SERBIA

Author(s): Marko Milenkovic,Miloš Milenkovic / Language(s): English / Issue: 3/2013

Over the past 10 years, there has been a proliferation of agencies in the Serbian public sector with varying degrees of independence and delegation by the government. Agencification in Serbia has been rarely discussed in scholarship, and in most recent public debates it is often criticized as being “an unnecessary budgetary burden”, a “grave threat to democracy” and the “party-based atomization of state administration”. In the context in which Serbia is in need of a larger government in order to consolidate democracy, improve respect for human rights and enhance economic development, the agencies have also become collateral public damage from the mantra of the ‘requirement to save’. Having in mind that Serbian economic and political development over the past decades has been more than troublesome, this article looks into the public perception of agencification and related political debates, including some policy proposals. The article offers preliminary explanations of possible causes of the specific perception of agencies in the Serbian public, as well as an account of the consequences of current perceptions of agencification. Special emphasis is put on the de-legitimization of the authority of scientific knowledge in society.

Adwokat jako reprezentant zobowiązanego w administracyjnym postępowaniu egzakucyjnym

Author(s): Bogna Wach / Language(s): Polish / Issue: 2/2017

The aim of this paper is to highland an issue participation of attorney to enforcement of proceedings in administration. The polish act on enforcement proceeding in administration does not explicit participate of professional representative on the part of obliged on proceedings. Enforcement measures monetary and non- monetary obligation are very complicated and complex issue for obliged. Strengthen efforts to ensure adequate legal aidare necessary to ensure the protection of obliged interests and rights.

Aktualność debaty na temat koncepcji odpowiedzialności za ochronę

Author(s): Paulina Zajadlo-Weglarz / Language(s): Polish / Issue: XXXVIII/2017

In the current debate about the European Court of Human Rights and in the face of the growing criticism towards its case law the issues of clarifying the meaning and the foundations of its legitimacy are becoming increasingly important.Although the basic normative source of the ECtHR legitimacy stems from the prestigiousEuropean Convention of Human Right adopted in 1950, a large part of the legitimacy seems to be the outcome of the Courts’ own activity, which includes, inter alia, the so called diplomacy of human rights. The important role is also played by the process of constitutionalisation under which the Court is credited with the power to issue the constitutional and principled judgements on human rights standards in Europe.It should be clearly stated that the system of the ECHR and the case law of the StrasbourgCourt constitute an important achievement in the European culture based on respect for human rights. The issue of the legitimacy of the ECHR seen in this perspective gains its proper dimension. Therefore, in the face of growing criticism of the Strasbourg case, the ECHR should bow to political pressures if it is to derive a significant part of their legitimacy from the status of a moral compass of Europe. It should be remembered that the strong Court’s legitimacy is an important condition for the accomplishment in the longterm perspective by the Court its mission to fulfill the spirit of the Convention ensuring the full respect for human rights in Europe.

AKTUELNA PROBLEMATIKA U PROGRAMIRANJU I IZVOĐENJU NASTAVE ZA EDUKACIJU I OSPOSOBLJAVANJE BUDUĆIH DIPLOMIRANIH PRAVNIKA U PROCESU OSAVREMENJAVANJA UNIVERZITETA

Author(s): Senad Džinic / Language(s): Serbian / Issue: 6/2015

Author of the paper analyzes the critical access issues and perspectives of science education system with special emphasis on the Faculty of Law, as well as the personnel policy in the judiciary and in the universities in the Republic of Serbia. In this connection, the author points out problems that arise in the design and implementation of curricula of law schools, insisting on application skills, a larger number of hours of practical training and mandatory cooperation between law schools with the courts, prosecution, companies and similar institutions. In the second part, the author deals with the issue of personnel policy in the judicial system of the Republic of Serbia. Accordingly the author gives suggestions for solving numerous problems which were pointed out in the paper.

Aktuelni problemi abortusa, prenatalnog genetskog testiranja i upravljanja trudnoćom

Author(s): Vesna Klajn Tatic / Language(s): Serbian / Issue: 1/2011

Current ethical and legal issues with regard to abortion, prenatal genetic testing and managing pregnancy are discussed in this paper. These problems are considered from the legal theory point of view as well as from the standpoint of the Serbian Law, the European Convention for the Protection of Human Rights and Fundamental Freedoms, European Court of Human Rights, legal regulations of several EU countries, the USA, Japan, and their judicial practice. First, the pregnancy termination standards that exist in Serbia are introduced. Then the following issues are explained separately: the pro life and pro choice approaches to abortion; abortion according to the legal approach as a way of survival; the moral and legal status of the fetus; prenatal genetic testing, and finally matters regarding managing pregnancy today.Moral and legal principals of autonomy, namely freedom of choice of the individual, privacy and self-determination give women the right to terminate unwanted pregnancies. In addition, the basic question is whether the right of the woman to abortion clashes with the rights of others. Firstly, with the right of the "fetus to life". Secondly, with the right of the state to intervene in the interest of protecting "the life of the fetus". Third, with the rights of the woman’s partner. The fetus has the moral right to life, but less in relation to the same right of the woman as well as in relation to her right to control her life and her physical and moral integrity. On the other hand, the value of the life of the fetus increases morally and legally with the maturity of gestation; from the third trimester, the interest of the state prevails in the protection of the "life of the fetus" except when the life or health of the pregnant woman are at risk. As regards the rights of the woman’s partner, namely the husband’s opinion, there is no legal significance. The law does not request his participation in the decision on abortion because the decision is exclusively brought by the pregnant woman.Critics of prenatal genetic testing claim that the woman’s autonomous choice is seriously prejudiced, as the women are pressured first with genetic testing and then with abortion, if the test is positive. However, there are views that many parents are left to bring their decisions in a vacuum because the physicians do not discuss all possible available options with them out of fear that they will be perceived as orders. Genetic counseling has an aim to facilitate informed reproductive decisions. Rigid application of policies on non-directive genetic counseling make pregnant women and families unaware of the nature and consequences of the genetic state which could affect the future child. If the real goal is an informed choice then it is the obligation of the physician-specialist to inform the parents with the facts and familiarize them with the true state. Managing pregnancies today medicalizes and pathologizes all pregnancies, and not only the risky ones. Since these techniques are becoming a routine part of medicalized pregnancy managing, pregnant women find it difficult to resist undertaking such technologies or to refuse them. Thus the question on how much these technologies offer sensible choices is imposed. Generally speaking, it is stated that women are becoming observers rather than active participants in giving birth to a new life. Attempts of legal control over a pregnant woman for the protection of "the life of the fetus" violate the woman’s human rights in democratic societies.

Aktywność organizacji pozarządowych w polskich sądach niepolegająca na udziale w postępowaniach

Author(s): Bartosz Pilitowski / Language(s): Polish / Issue: 21/2016

Non-Governmental Organisations in Poland show wide interest in the justice system. Their actions are not limited to litigation. This paper outlines the typology of activities performed by NGOs in courts or closely related to courts, other than taking part in court or executive proceedings. Two main groups of actions are researched court monitoring and assistance to clients of the justice system. On the ground, Polish examples include in-court monitoring performed with the use of observers and other methods of information gathering. The civic court monitoring programme is comprehensive with more than 2,000 voluntary observers participating since 2010. In the field of legal aid, NGOs run several hundred centers where legal advice is provided pro bono.

An Hypothesis over IF Trainings

Author(s): Paul Marinescu / Language(s): English / Issue: 6/2012

The present article aims to make value of already classical concepts of Complex Systems Theory, such as: entropy, syntropy, emergence, feedback, complementarity. Personal experiences in the field of training have demonstrated to me that this can be regarded as a complex system, in which all specific laws of such can be applied. Comparisons I’ve made over the years between theoretical models and the real world have shown that we always tend towards models, we never achieve them, but it is important that we set them as targets.

Analele Universității București – Seria Drept (AUB)

Frequency: 1 issues / Country: Romania

In March 1939 issue no.1 of the Bucharest Law School Annals (the then name of the journal) was published as a series of quaterly booklets presenting the results of the scientific research conducted by the academics and the students, as well as reports on the most important events in the then legal and scientific environment. The publication aimed at creating and maintaining a “scientific movement useful to progress”. That aim has been preserved to the day, so the current “Bucharest University Annals – Law Series” (AUBD) publishes studies and research papers written by the academic staff and also by colleagues from other universities at home and abroad, young researchers, students and PhD students as well as information on legal topical isues, events organized by the Law School and the students’ results in international compatitions.

After a long period of time, the past 1948 period, when only a yearly issue was published, the journal resumed its quaterly publication in 2000. The members of the Scientific Board are well-known representatives of the European legal world. As of 2006, the papers published in our journal have been accompanied by abstracts in French and English, and, as of 2009 each article has been accompanied by a technical section including abstracts and key words to facilitate thematic search. Moreover, the contents of the journal, the abstracts and the key words are available on the journal website: drept.unibuc.ro/aubd.

As most of the articles are published in English, French, German or Italian, our journal is currently exchanged with almost 100 libraries and universities abroad.

Analiza argumentu zdrowia publicznego w dyskusji nad legalizacją miękkich narkotyków

Author(s): Katarzyna Grotkowska,Konrad kobylinski / Language(s): Polish / Issue: 76/2016

The purpose of the present text is to provide analysis of the public health argument in the context of the debate over legalisation of soft narcotics. The first part provides an explanation of the terms used, followed by an analysis of the term ‘public health’ in the legal terminology. The analysis of this termand the arguments built on that basis leads to a conclusion that the public health argument in the discussion about legalisation of soft narcotics is little convincing and lacks a sound, theoretical basis. Despite the fact that public health remains among the arguments most often raised in the narcotics discourse, in the final part of this work – drawing on the study of J. Haid in the area of psychology of morality – a possible explanation is presented as to why the argument of public health remains popular.

Analiza prawnej i faktycznej sytuacji poręczyciela – wybrane zagadnienia

Author(s): Lukasz Jurek,Rafal Maciag / Language(s): Polish / Issue: 1/2012

This paper highlights the issues arising from an obligation such as surety. Under the provisions of the Polish Civil Code, the legal position of a guarantor is closely related to non-legal factors. The ambiguity and uncertainty of the status of a guarantor are even greater due to the variability in time of the normative construction of a surety. Therefore, in addition to the measures available in law, a certain counterweight, such as the general public values, is necessary to address this state of affairs. The most widely understood trust, being the necessary condition for the proper development of a modern democratic state of law, may undoubtedly play that role.

ANDRAGOŠKI PRISTUP U POLICIJSKOM OBRAZOVANjU

Author(s): Goran Blagojevic / Language(s): Serbian / Issue: 7/2016

Education in the field interior ministry which is in the strict center terms refers to education in police structures, is a complex dimension which requires access to life have outgrown interactive relations between lecturers and listeners. Modern education approach aims to eliminate classical methods of transferring knowledge from the lecturers to his listeners, especially in the police education where such a mode is going exclusively with adults.In the modern police education officers but and those who want to become police officers, represented the andragogical police education concept. He includes education and professional development training in mind. Be a coach in this sense represents a real challenge for police officers, or potential police officers, and for the instructors, or coach.In the context mentioned above this work will include andragogical access to police education, and in the police through the prism facilitation and andragogy area in the police education.

Aplikacja sądowa Adama Vetulaniego: 1924–1934

Author(s): Jakob Maziarz / Language(s): Polish / Issue: 1/2016

This article concerns only one period of Adam Vetulani’s life, when he was occupied with legal practice (from 1924 to 1934, when he worked as an articled clerk in the Court of Appeal in Cracow). From this period only the first year was a time of effective learning; the rest of the time Vetulani spent on dissertation, which was possible thanks to help he was given from the administration of justice. The article is the first publication about this, until now unknown, period in professor Vetulani’s life.

Application Of The Theory Of Proper Law To Contractual Relations With The Foreign Element

Author(s): Vladimir Colovic / Language(s): English / Issue: 4/2015

The theory of proper law is a product of the Anglo-Saxon doctrine of the 18th and 19th centuries and is applied, among other things, to determining the applicable law in contractual relations with the foreign element when the party autonomy is absent. This theory is grounded not only in the close connection between contracts and a particular country, but also in the intention of the parties which must be included in the elements of the contractual relations. This theory cannot be defined without the aforesaid elements. The article analyses the relation of the theory of proper law to other theories applied to cases when the parties have not chosen the applicable law, such as the center of gravity theory and the theory of characteristic obligation. In this regard, we shall analyse provisions of the most important sources of EU law in this area, such as the Rome Convention and Regulation 593/2008, and examine legal provisions of individual states outside the EU related to this area. The author concludes that the theory of proper law provides the most leeway for choosing the applicable law compared to the other theories.

Arab customary law and the modern Western idea of restorative justice

Author(s): Ewa Górska,Jan Bazyli Klakla / Language(s): English / Issue: 1/2017

Arab customary conflict resolution and the alternative Western approach to dispute resolution are both the result of a similar way of administering justice – a restorative justice paradigm. Thus, we argue that it is not a new or a strictly western concept given that its fundamental values or even structures have existed in the customary laws of different cultures, like Arab culture, for centuries. In this article, we compare Western restorative justice institutions with the Arab customary conflict resolution process (sulh) used in contemporary Palestine.