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CITIZENSHIP RIGHTS OF THE PRISONERS IN IRAN ISLAMIC REPUBLIC

Author(s): Shahla Zarai / Language(s): English Issue: 11/2011

It is right that the constitution of each country's political system and discipline of all aspects of central government and the main force determining the best public relations people, and its strict enforcement, blocking all avenues of despotism to freedom, human dignity and citizenship rights to the guarantee.

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THE TYPES OF MURDER IN IRAN LAW AND ITS DIFFERENCE FROM DELIBERATE MURDER.

Author(s): Ali Shahbazi Yousif Ogli / Language(s): English Issue: 11/2011

The murders are divided into deliberate murder, murder because of types of error or carelessness in the Western division of the practical law. There are 4 types of murder are observed in a law of Western countries: premeditated murder, murder on the basis of heart insistence to implement, murder in an ambush and murder of error. The murderer‟s will and intention determined all these murders being deliberate or non-deliberate (carelessness, etc.).The factors of being deliberate or his preparing for crime does not affect the principle of being premeditated or non-premeditated. Non- deliberate or murder because of the types of error is in the range of crimes in foreign law which degrees of fault are took into consideration. Different classifications are made on murder crime in Iran jurisprudence (Fiqh) and law source. The murderer‟s aim and tools which are used in crime are presented in this classification. A well- known and documentary criteria is murderer‟s aim and legal side of this task is also more reliable.

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AZERBAYCAN TÜRKLÜĞÜNÜN KAHRAMANI MEHMET EMİN RESULZÂDE (1884-1955)

Author(s): Nurgül Uzunel / Language(s): Turkish Issue: 7/2010

Azerbaycan Milli İstiklal Davası’nın en önemli savunucularından olan Mehmed Emin Resulzade, önce Çarlık, ardından da Bolşevik Rusyası’na karşı fikirleri ve kalemiyle savaşmıştır. Resulzade, Azerbaycan’ın Himmet, Füyuzat, İrşad, Terakki, Yoldaş adlı yayın organlarından uzun yıllar başta Azerbaycan Türkleri olmak üzere, tüm Türk dünyasının haklarının savunmuştur.

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Türkiye’de bürokratik elitizmi anlamak, pdy (fetö) ve yargi ilişkisi

Türkiye’de bürokratik elitizmi anlamak, pdy (fetö) ve yargi ilişkisi

Author(s): İbrahim Gül,Sait Yılmaz / Language(s): Turkish Issue: 33/2017

Judicial hegemony or juristocracy can be defined as the use of caste within the state to reach the strategic objectives of the judges and prosecutors who are the members of illicit organization. This study aims to explore and analyze the organizational structure of the terrorist organization, which is called PDY, and understand how this terrorist organization terrorized the judicial structure in Turkey. Based on the theoretical framework of elitism and bureaucratic elitism, the study also aims to analyze the relationship between PYD terrorist organization and judicial system by using the case study as a method of data collection method.

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LE DISCOURS JURIDIQUE: ASPECTS NORMATIFS ET PERFORMATIFS

LE DISCOURS JURIDIQUE: ASPECTS NORMATIFS ET PERFORMATIFS

Author(s): Eugenia Stefanescu / Language(s): French Issue: 1-2/2011

The purpose of this paper is to present the different functions assigned to the legal discourse, to see how to structure legal discourse, to measure how the performative structure allows unification of law and then clarify the differences between the performatives of ordinary discourse and those of legal discourse. The concept of discourse has acquired many meanings in everyday language and the discourse of experts claiming various fields. In our case it is the legal field, an area to which this paper is devoted. Law is a discipline that is directly concerned with the theory of speech acts whose promoter was J. L. Austin.

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Transitions Online_Around the Bloc-Russia Reportedly Investigating Chechen Gay Purge
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Transitions Online_Around the Bloc-Russia Reportedly Investigating Chechen Gay Purge

Author(s): TOL TOL / Language(s): English Issue: 05/30/2017

Human Rights Watch says Chechen officials approved the brutal roundup and torture of dozens of men.

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Забраната “contra iustitiam iudicasse” („да се отсъжда срещу справедливостта“) в Lex Romana Visigothorum и Codex Theodosianus
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Забраната “contra iustitiam iudicasse” („да се отсъжда срещу справедливостта“) в Lex Romana Visigothorum и Codex Theodosianus

Author(s): Doroteya Mihova / Language(s): Bulgarian Issue: 5-6/2015

The article provides translation of key titles postulating the interdiction “contra iustitiam iudicasse” in Lex Romana Visigothorum. The author commented on the way in which specific norms and texts are derived from the Theodosius Code, guarding the fair private and public law relations, and embodying this prohibition “to adjudicate against justice”. The focus is on the concepts of the ancient Roman iustitia, defined through its connections with the grounds of mos maiorum (the customs of the ancestors), with ancient Roman valour (virtus Romana), with freedom (libertas), with civil and personal dignity (dignitas), with the community benefit (communis utilitas) and with the common good (bonum commune), with justice and law (ius and lex), Whose ultimate goal is the just retribution of “giving each one his own” (“suum cuique tribuere”). The article also analyzes the complex metamorphoses that Roman legal moral concepts of justice and valoуr underwent (iustitia и virtus), following the transformations in the Roman values system and in the perceptions of Romanitas, accompanied by the processes of barbarisation and reception of Roman law (ius Romanum) after the fall of the Western Roman Empire in 476.

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LOCAL ELITES AND COMMUNITIES IN THE MANAGEMENT OF PUBLIC ORDER DURING THE 18th CENTURY: PERCEPTIONS FROM THE CORE EUROPEAN TERRITORIES OF THE OTTOMAN EMPIRE
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LOCAL ELITES AND COMMUNITIES IN THE MANAGEMENT OF PUBLIC ORDER DURING THE 18th CENTURY: PERCEPTIONS FROM THE CORE EUROPEAN TERRITORIES OF THE OTTOMAN EMPIRE

Author(s): Mariya Shusharova / Language(s): English Issue: 3/2017

During the 17th and 18th century the Ottoman state implemented various mechanisms to organize the system of public order mobilizing the local resources of the province. This study aims at exploring the expanding scope of local communities’ obligations by detailed view of their role in the various stages in the treatment of criminal matters: reporting the crime/ complaint; arrest, persecution; the trial/investigation; punishment. The elaboration of the local social microstructure and the development of new social relations represented by the emergence of the local communal elites had a clear repercussion on the development and upgrading of different socio-legal mechanisms in the context of the administration of the public offences. These competences of the local communities were a result of a long evolution and they became of key importance in the context of the widespread brigandage during the second half of the 18th century.

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Geneza i treść wytycznych w sprawie realizacji art. 17 TFUE przez Komisję Europejską

Geneza i treść wytycznych w sprawie realizacji art. 17 TFUE przez Komisję Europejską

Author(s): Piotr Stanisz,Daria Bębeniec / Language(s): Polish Issue: 20/2017

The study deals with the Guidelines on the Implementation of Article 17(3) TFEU by the European Commission, published in July 2013, for setting the framework for open, transparent and regular dialogue with churches, religious associations or communities, and philosophical and non-confessional organisations. The Polish translation of the document constitutes the main part of the text. It is preceded by an overview of the decision of the European Ombudsman of 25 January 2013 in his inquiry into complaint 2097/2011/RA against the European Commission. The Ombudsman, while negatively assessing the Commission’s rejection of the proposal of the European Humanist Federation for a dialogue seminar on the topic Competing Rights Issues in Europe, suggested clarifying the Commission’s “practices and rules in this area”, and drawing up “guidelines in terms of how exactly it plans to implement Article 17 TFEU”.

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AUTOPLAGIATUL ÎN EPOCA RECICLĂRII

AUTOPLAGIATUL ÎN EPOCA RECICLĂRII

Author(s): Raluca Ghenţulescu / Language(s): Romanian Issue: 1/2015

Nowadays, when recycling is one of the main goals of modern world, as a way to save the planet, the academic environment is also facing the problem of “recycling”, regarded by some authors as a way to save their intellectual, financial and time resources. In this context, self-plagiarism is seen both as the result of the academic requirement to publish a large variety of scientific articles and as a consequence of the exploitation of a certain topic that is well-known to the authors, who thus risk repeating their own ideas and text structures over and over again. Legally speaking, the definition of self-plagiarism is both the publication of an article that entirely or partially copies the content of a text already published by the same author and the duplicate publication, which means submitting the same article, with an identical or different title, for publication in two different volumes or journals, simultaneously or after a certain amount of time. In their defence, the authors who resort to this dishonest practice and “recycle” their own texts say that a scientific method or procedure loses its novelty once it is made public and any other further reference to it sounds redundant. Therefore, the purpose of this article is to present in detail this topic, which raises debates among authors, reviewers and editors, with a view to making the difference between various forms of self-plagiarism and, implicitly, to describe the ethical and legal consequences of this form of academic misdemeanor.

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Czy każda kultura zasługuje na obronę? Kilka wątpliwości dotyczących cultural defence i prawa karnego w dobie multikulturalizmu

Czy każda kultura zasługuje na obronę? Kilka wątpliwości dotyczących cultural defence i prawa karnego w dobie multikulturalizmu

Author(s): Michał Dudek / Language(s): Polish Issue: 2/2011

The aim of the article is to indicate some of the axiological problems faced by the legislator in the law-making process. They are clearly visible in those legal regulations that are introduced in response to crisis situations. The presented example – terrorist attack by hijacking a plane – is not only used to demonstrate dilemmas which in this situation must be settled by the legislator preparing relevant legal provisions, but it is also a pretext for enriching the discussion on the axiological aspect of the law. The article focuses on the so-called natural helplessness of law in axiological matters, law inflation and the problem of responsibility. The author concludes that issues indicated in the article cannot be solved in the light of current Constitutional Court’s judgements, which are treated as a reference point of the discussed issues. The aim of the article is to indicate some of the axiological problems faced by the legislator in the law-making process. They are clearly visible in those legal regulations that are introduced in response to crisis situations. The presented example – terrorist attack by hijacking a plane – is not only used to demonstrate dilemmas which in this situation must be settled by the legislator preparing relevant legal provisions, but it is also a pretext for enriching the discussion on the axiological aspect of the law. The article focuses on the so-called natural helplessness of law in axiological matters, law inflation and the problem of responsibility. The author concludes that issues indicated in the article cannot be solved in the light of current Constitutional Court’s judgements, which are treated as a reference point of the discussed issues.

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THE SOCIAL ASSISTANCE SYSTEM IN ROMANIA. LEGISLATIVE REFERENCES

THE SOCIAL ASSISTANCE SYSTEM IN ROMANIA. LEGISLATIVE REFERENCES

Author(s): Florin Ionut Stancu / Language(s): English Issue: 1/2018

This article attempts to briefly review the Romanian legislation adopted after 1990 in the field of social assistance. Thus, we can say that regarding the preoccupations for drawing up the normative framework in social assistance there were two directions of action: the configuration of the legal acts of the various social benefits (allowances, social benefits, compensations, etc.) for the categories of people in difficulty and the setting up of the normative framework in order to establish the general principles and regulations for functioning of the social assistance services. Tracking the practical impact of the effects generated by the rule of law can lead to conclusions regarding to the improvement and development of the legislative framework, institutions and mechanisms that support the coherent functioning of the social assistance system as a whole.

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THE PROTECTION OF THE AUTOCHTONES’ URBAN AREAS “COLLECTIVE OWNERSHIP”: THE CASE OF THE ALLADJAN OF ABROGUAMAN IN THE TOWN OF ABIDJAN

THE PROTECTION OF THE AUTOCHTONES’ URBAN AREAS “COLLECTIVE OWNERSHIP”: THE CASE OF THE ALLADJAN OF ABROGUAMAN IN THE TOWN OF ABIDJAN

Author(s): Kémonthé Marius-Jonas Gallon / Language(s): English Issue: 1/2017

This study sets oneself goal of focusing the attention of the authorities on the respect and the protection of the rights of autochthones of the urban areas. Indeed, the urbanization of the many countries, such as Ivory Coast, was made by infringing on the rights, especially on the right to collective ownership, on the rights of the natives of the chosen geographical areas. With regard to this historical injustice put the United Nations in 2007 an instrument of the protection of the human rights of the indigenous communities. In spite of this progress of the international law, some people are victim of abuse of power. The example of the Alladjan, natives of Abrogouaman in Abidjan is evocative. The investigations held at the headmen of this locality and at the population, as well as the documentary retrievals revealed that the right to the collective ownership of this people is denied by the authorities of the Ivory Coast. This state of affairs is a break on the improvement of theirs social conditions and a threat to their survival, things which it is important to repair.

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Who Needs the Book? Copyright in the Late Print Epoch
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Who Needs the Book? Copyright in the Late Print Epoch

Author(s): Alicja Pałęcka,Maciej Jakubowiak / Language(s): English Issue: 2/2016

The authors analyse the relationships that came into being within the literary field in Poland after 1989, with reference to the question of copyright as well as the process of print remediation. Their analysis is based on pronouncements by actors with in the field – pronouncements that have been collected during a sociological investigation across Poland. The point of departure is a recognition of the divergent ways in which writers and publishers articulate their own interests. Both groups express a strong attachment to the book as an object (an attachment related to conservative distribution models), and yet they disagree on the question of copyright protection. This article contributes to our understanding of the ways in which the two groups’ different interests can be articulated with the help of identical figures.

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Децата в конституционните норми на България
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Децата в конституционните норми на България

Author(s): Rumen Vasilev,Vesela Mareva / Language(s): Bulgarian Issue: 1/2019

The purpose of this analysis is to try to support the process of training in the legal disciplines of the students in the Social Sciences department at the Faculty of Medicine in Trakia University – Stara Zagora.The work focuses on the presentation of the main constitutional texts influencing the rights of children and institutions committed to their rights, as well as short sentences of texts of the law on judging people related to the subject. The aim is to enable students to understand the role of constitutional texts that are multiplied on our national legislation and influence the behavior of children.

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Процедура по номинация на представител от квотата на държавния глава в СЕМ или зле организирано президентско шоу

Процедура по номинация на представител от квотата на държавния глава в СЕМ или зле организирано президентско шоу

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 2/2012

The article analyzes the requirements for the position "a member of CEM" from 1997 to 2012. It discusses the law enforcement by the presidential institution during that period and comments the first initiated in 2012 "a nomination procedure."

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Педагогически аспекти при прилагането на Наредбата за приобщаващо¬то образование
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Педагогически аспекти при прилагането на Наредбата за приобщаващо¬то образование

Author(s): Stanislav Pandin,Yordan Kostov / Language(s): Bulgarian Issue: 3/2019

This article does not claim exhaustiveness. It reflects the position of deputy directors, teachers and other pedagogical specialists as regards the philosophy of the Inclusive Education Ordinance on the territory of kindergartens, schools and other educational units. The mentioned pedagogical specialists participated in the summer training courses of the National Center for Enhancing the Qualification of Pedagogical Specialists in Bankya in 2018.

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За българския закон за защита от домашно насилие и Истанбулската конвенция - психорлогични размисли

За българския закон за защита от домашно насилие и Истанбулската конвенция - психорлогични размисли

Author(s): Tolya Stoitsova / Language(s): Bulgarian Issue: 1/2018

My personal motivation to write this article was a consequence of the “heated discussion” on the occasion of the Istanbul Convention. During the working period it became clear to me the need to include Bulgarian low of protection against domestic violence as well. My analysis is a psychological one, in some places – linguistic, but for sure not a legal one, a field in which I am not qualified. In both documents there are no specific texts that defend children and men as victims of domestic violence compared to many texts specifically dedicated to the protection of women from domestic violence. In my opinion, this violates the equality of citizens according to the Bulgarian Constitution, which are guaranteed regardless of gender, age, ethnicity and religion. In conclusion I suggest a serious information campaign то be held, in which mass media to play a significant role followed by public opinion polling and a new parliamentary debate and voting on the Istanbul Convention.

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

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

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

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

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Същинските данъчни престъпления по НК на РБ – общи положения и проблеми, свързани с правоприлагането

Същинските данъчни престъпления по НК на РБ – общи положения и проблеми, свързани с правоприлагането

Author(s): Roumen Vladimirov / Language(s): Bulgarian Issue: 8/2018

In the article under consideration are the basic features of the real three types of tax crimes.These are: avoidance of the establishment or the payment of tax obligations in big amounts – Article255 of the Criminal Code; the fulfilment of the same assault through allowed means – Article255а of the Criminal Code and the so-called tax fraud – Article 256 of the Criminal Code. The authorpays attention to some issues with regard to the regulation and the application of the norms ofthese offences. On the first place there is the issue of the subject and above all of the use of differentcriteria with regard to the content of the terms „big amounts“and „particularly big amounts“, including the cases of tax fraud under Article 256 of the Criminal Code. The second issue, which can now be considered to be solved by two interpretative decisions of the Supreme court of cassation, which provide a negative reply. In particular these are the questions whether the subject of those offences may be only the taxable person and whether it is a compulsory precondition that a tax assessment has been carried on and an amended assessment has been issued. The third issue is about the question how efficient are the norms for the real tax offences and the necessity for the amelioration of their legislative regulation, in which respect there exist some reserves.

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