WOJNA. PERSPEKTYWA PRAWNA I SPOŁECZNA

Author(s): Elżbieta Żywucka-Kozłowska,Magda Dziembowska / Language(s): Polish Issue: 4/2023

Since the dawn of history, wars have been part of the history of the human species. They serve many purposes, from seizing territory and property to physically eliminating opponents. Undoubtedly, armed confl icts, as we are used to calling wars today, are guided by their own laws, but not those that have no framework or principles. The aim of this study is to take a dichotomous look at war in search of an answer to the question whether the applicable principles of the law of armed confl ict are respected by the warring parties and to what extent war aff ects members of society. The thesis was adopted that every modern war constitutes a violation of the provisions of humanitarian law and is a key tool for the destruction of society. The considerations are based on the analysis of the literature on the subject, both Polish and international.

Automated Decision-Making in The EU Member State’s Public Administration: The Compliance of Automated Decisions of the Estonian Unemployment Insurance Fund with Estonian Administrative Procedure Law

Author(s): Vladlen Zolkin,Archil Chochia,Thomas Hoffmann / Language(s): English Issue: 2/2023

Automated process control has been used for a long time. Innovation and information technology achievements have made it possible to use automation in the State governance. Algorithm-based automated decisions are integral part of the concept of e-Government. Automated decisions are becoming more and more prevalent in modern society of the EU. Using automated decisions in public administration is a challenge for Administrative Law, because it has to evolve and keep up with the usage of new technologies, keep the legal balance between the cost-efficiency and operational flexibility of the State in general and at the same time ensure the protection of rights of individuals in each Member State and in the EU as a whole. Estonia is EU Member State and its public sector uses automated decisions but there are no direct legal provisions regarding what automated decision is, what are the conditions for issuing them, what are the safeguards to avoid the violation of rights of individuals etc. The right to issue automated decision is based only on the authorisation norm stipulated in a specific act regulating the field of activity of administrative authority. The Estonian Unemployment Insurance Fund is one of the administrative authorities which issues automated decisions in its field of activity. The aim of this paper is to examine and find out whether the automated decisions used by Estonian Unemployment Insurance Fund comply with the general principles of administrative procedure and the EU rules on data protection but also to identify aspects where legal adjustment is needed and propose legislative amendments. The paper is based on the analysis of relevant scientific books, articles, legal acts, supported by relevant case law and other sources.

Some Comments on the Unsuitability of the General Data Protection Regulation in the Field of Employment Relations in the Context of Automated Decision-Making

Author(s): Juraj Hamuľák,Andrea Kluknavská / Language(s): English Issue: 2/2023

New technologies currently affect all human activities and are becoming a part of our everyday lives. The use of digitalisation, algorithmic management, and the withdrawal of human decision-making in various phases of working life entails many risks not only in the field of work and human resource management. Even though the rules of algorithmic management do not come only within the scope of employment law, and at the same time employment law fails to explicitly provide for proper protection of employees against damage suffered as a result of automated decision-making, this issue is partially covered within the scope of personal data protection. At the centre of our attention is the issue of the sufficiency of these rules in the field of personal data protection concerning employment law relations, including certain de lege ferenda suggestions.

The First Women in Justice of the Republic of Latvia (1918–1940)

Author(s): Sanita Osipova / Language(s): English Issue: 2/2024

Until the founding of the Republic of Latvia, women were practically excluded from law studies and work in the justice system. The territory of Latvia was part of the Russian Empire and thus subject to the 1864 judicial reform and its laws, which required a law degree and experience to be eligible for working in the justice system and prohibited women from these positions. Following the founding of the Republic of Latvia in 1918 and, more specifically, the establishment of the University of Latvia which had a stronger focus on gender equality in 1919, Latvian women finally had the opportunity to earn the necessary degrees and pursue careers in the judiciary. However, to gain the required experience and be admitted to practice in the court, Bar association, or notaria, women initially needed someone to employ them. In this regard, specific well-known men with liberal worldviews played a significant role.

Ogólnopolska Konferencja Naukowa „Prawo finansowe w obliczu wyzwań zrównoważonego rozwoju”, Szczecin, 26–27 października 2023 r.

Author(s): Paweł Mańczyk / Language(s): Polish Issue: 49 (3)/2024

Kristin Drenkhahn, Fabien Jobard and Tobias Singlenstein (Eds.). Impending challenges to penal moderation in France and Germany. A strained restraint

Author(s): Not Specified Author / Language(s): English Issue: 1/2024

Review of: Kristin Drenkhahn, Fabien Jobard and Tobias Singlenstein (Eds.). Impending challenges to penal moderation in France and Germany. A strained restraint. London: Routledge. Routledge Frontiers in Criminal Justice, 2023; p. 282. ISBN: 978-1-032-18867-6 (hbk) ISBN: 978-1-032-18868-3 (pbk) ISBN: 978-1-003-25669-4 (ebk).

Aristocratic Enclaves as a Foreign Legal Element in Urban Space

Author(s): Marek Starý / Language(s): English Issue: 2/2022

Disciplination of the population in the medieval and early modern city may have been complicated by the presence of an alien element, which in the bourgeois environment was the nobility. In many cases, the nobility was able to acquire town houses and sometimes even managed to have them exempted from the jurisdiction of the municipal authorities and registered in the land tables. Be that as it may, these houses constituted legal enclaves of their kind. The study examines the legal conditions of these enclaves against the background of the legal developments in the Kingdom of Bohemia and Margraviate of Moravia in the fourteenth–seventeenth centuries and tries both to summarize the existing knowledge and to draw attention to some better though lesser-known sources that document this issue.

Piotr Z. Pomianowski: Napoleonic Divorce Law in Poland (1808-1852)

Author(s): Marta Tomczak / Language(s): English Issue: 3/2024

Review of: Piotr Z. Pomianowski: Napoleonic Divorce Law in Poland (1808–1852). (Legal History Library, Bd. 57.) Brill Nijhoff. Leiden – Boston 2022. XX, 281 S., Ill. ISBN 978-90-04- 50669-5. (€ 117,70.)

Правна същност на продължаващото обучение при лекарите и лекарите по дентална медицина. Правна стойност на видовете сертификати

Author(s): Emilia Angelova-Hovagimyan / Language(s): Bulgarian Issue: 2/2023

The continuing education of physicians and dentists raises various legal issues. This is due to the fact that there is no explicitly written norm that makes the continuing education of medical specialists mandatory. Accreditation organizations are the ones that play a major role in accrediting different trainings that bring different credit points to their holders. Another legal issue that is often discussed in the medical community is,, what value do medical certificates have that are issued by individuals or commercial companies that are outside the range of possibilities clearly outlined in a legal norm, for conducting continuing education.

ОТНОСНО ПОНЯТИЯТА „СЪЩНОСТ“ И „СЪДЪРЖАНИЕ“ НА ПРАВОТО НА СОБСТВЕНОСТ

Author(s): Pavel Sarafov / Language(s): Bulgarian Issue: 1/2024

This article is devoted to a controversial interpreted theoretical problem - that of the categories "essence of the right of property" and "content of the right of property." The emergence and accentuation of their distinction in the German legal doctrine is traced, as well as how the issue of their conceptual perception in the Bulgarian civil studies stands. The conclusion is drawn that their distinction is permissible, but only in a strictly contextual aspect, when a parallel is drawn between the abstract thinking of property rights in general and the concrete situation of an individual property right located with a specific owner.

Mecelle’nin Külli Kaidelerinde Yapılan Söz Sanatları ve Bunların Yeni Külli Kaide Yazımındaki Örnekliği

Author(s): Hatice Keskin,Sead Ibrić / Language(s): Turkish Issue: 35/2024

The Majallah is of great importance not only because it is the first legal text about Islamic law but also because it is a product of historical significance for Turkish literature. Particularly, the 99 general principles at the beginning of the Majallah are an abstract representation of many issues in Islamic law, expressed through various rhetorical devices. Although the Majallah, one of the rare texts where the relationship between law and literature can be evaluated, has been expressed by different authors to have employed various rhetorical devices in its general principles, no study analyzing them has been encountered. This study aims to identify the rhetorical devices used in the general principles, thereby creating a perspective on which rhetorical devices can be applied in the writing of general principles that will be easily memorized like proverbs, and become part of the vernacular. For this purpose, data was collected using the document review method, and the content analysis method from qualitative research methods was applied. The 99 general principles and the rhetorical devices in Turkish literature were examined together, matching the principles with the relevant rhetorical devices and categorizing them. As a result of the research, 9 different rhetorical devices found in the general principles were identified. Suggestions have been made on which types of legal principles these arts were used in the production and which arts could be utilized in which legal situations in the writing of general principles hereafter.

ORGANIZED CRIME AS A SECURITY THREAT

Author(s): Anđela Mitrović,Božidar Forca / Language(s): English Issue: 40/2024

Safety, in a theoretical-practical sense, is understood as a state, organization, function and system. As a state, security is valued in an amplitude of values whose poles are: completely safe and completely unsafe. It is a fact that absolute security does not exist, that is, that every security reference object is threatened to a certain degree. For a long time, the only (key) threat to security was war. However, during the Cold War, the concept of security was expanded from purely military to other sectors, such as political, economic, social and environmental. Thus, the security of the reference object can be threatened by a whole corpus of threats, which are basically divided into military and non-military. In the last few decades, among the numerous challenges, risks and security threats, organized crime stands out. Although acts of crime are evident, both nationally and internationally, organized crime remains undefined, which makes it particularly difficult to prove. This is also due to the fact that in the various classifications of acts that constitute organized crime, different activities are implied. In this paper, the state of organized crime is analyzed through selected criminal acts - threats to security, such as human trafficking - trafficking, narcotics trade and arms trade. The aim of the research is to prove that organized crime in the world has been increasing in the last few years. The work was created as a result of research for teaching purposes, as well as the preparation of the diploma thesis of the first author of this article, which was defended at the Faculty of Business Studies and Law in Belgrade in early 2024.

Употреба историје, порицање злочина и концепт некажњивости у Републици Српској (1992–2022)

Author(s): Olga Manojlović-Pintar / Language(s): Serbian Issue: 1/2024

Th e article analyzes how Republika Srpska publicly articulated its stance regarding the July 1992 massacre in Srebrenica, which the International Court of Justice and the International Tribunal for the former Yugoslavia both classified as genocide. It assesses how this Bosnian entity grapples with and communicates its response to this internationally recognized atrocity within the public domain. The conflicting conclusions of three reports on Srebrenica—issued by the Bureau of the RS Government for Relations with the Hague Tribunal of the Government of Republika Srpska (2002), the Commission for the Investigation of Events in and around Srebrenica from July 10 to 19, 1995 (2004), and the Independent International Commission for Research on the Suffering of All Peoples in the Srebrenica Region in the Period 1992–1995 (2021) — illustrate the ongoing initiatives of local communities to memorialize the 1992–1995 war and reflect shift s in official political discourse.

The Historical Development of Children's Rights and Its impact on Legitimate Politics and International Conventions

Author(s): Sanaa Elshaarawy / Language(s): English Issue: 4/2024

The research seeks to achieve a basic goal of shedding light on the historical development of the concept of children's rights and the extent of its impact on legitimate politics and international conventions, especially in light of what we are witnessing at the contemporary time of violations of children's rights and their repercussions on the respect of political systems for such rights through the activation of constitutional rules that provide for child protection, and the activation of mechanisms for the application of these texts, and this is what calls for addressing the concept of the legal personality of the child in ancient legislation such as the legislation of Hamo Rabi, and legislation Pharaonic, Greek and Roman, Then exposure to the position of Islamic law and international conventions on the rights of the child by answering the problem that the extent of the historical development of the concept of children's rights on legitimate policy and international conventions?.

Transforming Banking Experiences: The Effectiveness of Sharia Management in Boosting Customer Satisfaction in Makassar

Author(s): - Awaluddin,Haeruddin Saleh / Language(s): English Issue: 4/2024

The growth of the Islamic banking industry in Makassar has shown significant progress; however, a thorough analysis of the factors influencing customer loyalty is still needed. This study aims to analyze the impact of product innovation, service quality, and transaction security on customer satisfaction and loyalty in Islamic banks in Makassar. Structural Equation Modeling (SEM) using AMOS was applied to data collected from 400 Islamic bank customers. The results indicate that service quality (estimate 0.253, C.R. 3.229) and transaction security (estimate 1.581, C.R. 3.216) have a significant impact on customer satisfaction. Product innovation also significantly affects customer satisfaction (estimate 0.723, C.R. 6.484) but does not significantly influence loyalty (estimate 0.130, C.R. 0.545, P 0.693). Conversely, customer satisfaction significantly affects loyalty (estimate 0.234, C.R. 2.534, P 0.027). The implications of this study highlight the importance of improving service quality and transaction security to enhance customer satisfaction and loyalty. Islamic banks should continue to develop innovative products and provide ongoing education to customers to maintain and boost their loyalty

Exploring the Significant Factors Affecting the Social Crimes of Malaysian Students

Author(s): Toong Hai Sam,Khairunesa Isa,Pang Kit Tong,Sarala Thulasi Palpanadan,Heng Chin Hong,Natchana Bhutasang / Language(s): English Issue: 4/2024

This study aimed to explore factors hindering social crime among Malaysian students. 383 respondents, all students, were surveyed. Parental influence emerged as the most significant factor in dissuading students from social crime, according to mean score analysis. Correlation analysis revealed positive correlations between self-efficacy, peer pressure, mass media influence, parental influence, and Malaysian students' involvement in social crimes. The linear regression model, with a statistical significance below 0.05, indicated a strong fit for the data, suggesting its reliability. Mass media exerted the greatest influence on Malaysian students' involvement in social crimes, followed by peer pressure, self-efficacy, and parental influence. These findings offer insights for educational institutions, government officials, and policymakers to foster a culture of peace, justice, and strong institutions. Proactive measures can mitigate social conflicts and reduce crime rates, fostering individuals who contribute positively to society and support Sustainable Development Goal 16.

Trvání věcné příslušnosti (v řízení o insolvenční odpůrčí žalobě)

Author(s): Ivan Tvrdík / Language(s): Czech Issue: 3/2024

In the article, the author critically attacks the established practice of the Supreme Court, according to which a court with subject matter jurisdiction, whose jurisdiction was undoubtedly given at the time of the beginning of the proceeding, may become jurisdictionally incompetent in the course of the proceeding as a result of a mere change in the legal assessment of the case. The examples of German, Swiss and Austrian legal doctrine, regulation and practice show that the principle of the duration of jurisdiction, which applies in the Czech Republic on the basis of the second sentence of Article 11(1) of the Civil Procedure Code, prevents such a result. All the way to the end of the proceeding, only those circumstances which existed at the time of its initiation are decisive for the determination of subject matter (and local) jurisdiction. If the court has at the beginning of the proceeding, on the basis of the value or the legal nature of the matter in dispute, subject matter jurisdiction to hear and determine a particular case, its jurisdiction cannot be changed merely because the court’s legal assessment of the case has changed after the completion of the examination of the evidence. The jurisdiction of the court is based purely on the pleading and the pleaded facts or the substantive assessment of the pleaded facts (i. e. not on the established facts). The answer to the question which court has (subject matter) jurisdiction to hear and determine a case must be apparent from the outset of the proceeding and cannot, in principle, change during its course. This is mainly the result of the principle of procedural economy, the arguments connected with it and the procedural definition of the matter in dispute, or, to put it more simply, the principle of the duration of jurisdiction.

Legal Protection and Justice for Franchise Business Operators from an Islamic Law Perspective

Author(s): Agung Satryo Wibowo,Rommy Hardyansah,Didit Darmawan,Rio Saputra,Dharma Setiawan Negara / Language(s): English Issue: 6/2024

This study discusses strategies to enhance the economic well-being of the community through engagement in entrepreneurship, especially through the franchise business model. Franchising is a marketing strategy for rapidly expanding businesses through the concept of cooperation. Legal protection for franchise business operators is crucial in maintaining a balance between the parties involved. Although there are no specific verses about franchising in the Quran, the principles of business ethics, justice, and compliance with Islamic law are essential foundations that should be applied in all forms of business transactions, including franchising. This study uses an empirical juridical legal approach to explore the concept of franchising, Islamic legal principles, and the impact of legal protection on franchise business operators. The results of this research are expected to make a significant contribution to advancing the legal discourse related to franchise business and Islamic law in Indonesia. Legal protection helps franchise business operators manage risks and conduct business in accordance with the principles of justice and business ethics, from both Islamic and general legal perspectives. Islamic and general law play a crucial role in shaping a fair, orderly, and sustainable franchise business environment. With a clear and consistent framework, franchise business operators can focus on the development and growth of their businesses. Thus, legal protection serves as a strong foundation for sustainable franchise business growth in Indonesia and makes a positive contribution to the economy and society as a whole. Franchise businesses can be a suitable form of enterprise that aligns with the values and principles of Islamic economics, providing a positive contribution to the economy and society overall

THE POSSIBILITIES AND LIMITATIONS OF PREVENTIVE ACTION AS A FORM OF OPPOSITION TO THE MOST SEVERE FORMS OF DOMESTIC VIOLENCE

Author(s): Saša M. Marković,Dragana Z. Kolarić / Language(s): English Issue: 1/2024

The prevention of domestic violence, timely and effective protection and support for victims, and multi-sector cooperation have become an important strategic direction of the Republic of Serbia since the adoption of the Law on Prevention of Domestic Violence. The authors put forward a hypothesis according to which the change in strategic direction and the emphasis on prevention contribute to: increasing the trust of citizens in the competent state bodies; better protection of victims; and reducing the number of the most serious cases of domestic violence – those that result in death. Using the statistical method, content analysis, and comparative and formal-legal analysis, the paper analyses the data of the Ministry of Internal Affairs of the Republic of Serbia, the Public Prosecutor’s Office and the Court related to domestic violence for the period between 2019 and 2021. The authors determine that: violence against women in partner relationships is the dominant type of domestic violence; that psychological violence is the most prevalent, occurring in 68% of the cases, followed by physical violence in 41% of the cases, and economic and sexual violence; that more than 1/3 of the possible perpetrators are repeat offenders, i.e. persons on whom emergency measures were previously imposed; that the victims do not participate in the adoption of individual protection plans; and that the death of the victim occurs despite the imposed emergency measures and the response of the competent state authorities. For these reasons, the authors emphasise the importance of protection on multiple tracks, and propose a series of measures and actions that should be taken by the competent state authorities.

Electronic Monitoring Is Not the Only Problem Here: The Challenges of House Arrest Application Practice in the Czech Republic

Author(s): Ivo Polanský / Language(s): English Issue: 1/2024

Over the past 25 years, few alternative sanctions have received as much attention as electronically monitored house arrest. In the view of relatively dynamic development of electronic surveillance technologies and related ethical and legal issues at stake, this interest continues to this day. In the Czech Republic, electronically monitored house arrest was introduced in 2010. Somewhat oddly, the electronic surveillance system had not been implemented at the time. Yet, legislators and sanctions policy makers placed high hopes in this form of punishment. In particular, it was expected to significantly help combat the relentless hypertrophy of the prison population. But the expectations of sanction policy makers were not met due to the reluctance of the courts to impose house arrest. This had remained unchanged over the years, and opinions had begun to emerge that the state's failure to introduce electronic monitoring was primarily to blame. In 2019, electronic monitoring was eventually implemented, but the number of sentences imposed still did not increase. If the legislature's sanctions policy is not translated into practice, its aims cannot be achieved. For this to happen, it is essential that house arrest becomes more prevalent in the structure of sentences imposed. Increased application rates will not happen spontaneously; certain steps need to be taken to address the reasons for the current state of affairs and to mitigate factors that negatively affect application practice. For this purpose, such causes and negative factors must first be identified. This paper therefore examines the importance of electronic monitoring in terms of the application practice of house arrest in the Czech Republic, and the main reasons for not imposing house arrest. Building on these findings, it offers suggestions that would contribute to more frequent imposition of house arrest in appropriate cases.