Crtice sociološkopravne analize našeg izbornog postupka

Author(s): Luka Breneselović / Language(s): Serbian Publication Year: 0

An important feature of election rules for the Serbian parliament, which are also applied for other types of political elections, is an intended disciplinary mechanism of the provisions, which shall be applied in the case of some imperfections. In more than just a few cases, it is proscribed by law that voting must be repeated in each basic electoral unit, where some listed mistakes or imperfections have occurred. However, this is not what actually happens in action. While each basic electoral unit has its own local electoral board, the imperfection is ought to be revised and imposed with sanction by the state electoral committee (Republic electoral commission). Instead to be instantly revised by the state commission, it has been noticed that imperfections tend to be initially proven by local electoral boards. If those boards find that an imperfection has no significant meaning, the imperfection will be – from than on – ignored. In that case, the voting remains formaly unchallenged and therefore fully valid; it will be neither canceled, nor repeated.

Тродимензионалност права

Author(s): Sava Aksić / Language(s): Serbian Publication Year: 0

Traditional theories, as normative, sociological and psychological,explain the nature and essence of Law by way is not wrong, so the way these theories explain the Law is correct, but only in part by they explain the Law.That’s mean these theories are particular and not comprehensive.By Psychological theory of Law Petrazicky, imperative – attributive emotions makes the Law. According to George Gurvitch's Sociological theory,the normative fact is every manifestation of social reality and according to Kelzen's normative theory the Law is content only of orders of state.We think, all of this theories, represent some reduction of Law. The Law is impossible to reduce on way this theories explain it especial. The Law is possible to receive only on way of wholeness. That’s mean, the Law is contented not from facts this theories especial find as Law, then in facts of all this theories.

СБОРНИК НОРМАТИВНИ АКТОВЕ

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

ИКОНОМИЧЕСКИ ПРЕДИЗВИКАТЕЛСТВА НА ЛИЦАТА С УВРЕЖДАНИЯ (ПРАВНО-СОЦИОЛОГИЧЕСКИ АНАЛИЗ)

Author(s): Lejman Tyuleoglueva / Language(s): Bulgarian Publication Year: 0

In the report is being considered economical, social and legal issues and challenges to people with disabilities. Stimulation of the economic activity and labor market development. Encouragement and involving them in measures increasing adaptability of disabled people(in social and other enterprises). Improvement access to education and tuition. Social inclusion and promotion to the social economic and taking part in different forms of learning throughout life and increasing labor productivity.

Ценностите в правото и правото като ценност

Author(s): Sofka Mateeva / Language(s): Bulgarian Publication Year: 0

The article comments on the grounds for values in law by emphasizing their relevance in modern democratic societies, which seek opportunities for harmonizing social relations not only nationally but also internationally. It develops the idea that law has a dual nature, on the one side, can be seen as a transcendental value, on the other side as a value -means (tool) which is in public service. The article collates different views on the value of law, both from normative school and in terms of natural law theories. It leads to the conclusion that legal values are formal values due to the inherent formalistic approach of the law and have legal significance. They are distinguished by theirmoral and religious content. The article indicates that the social value of law gives value characteristics of other social phenomena -economic, social, cultural, and also the state, turning it into a State of Law and political power, giving it legitimacy.

Социалните девиации и правният фактор в контекста на съвременните миграционни процеси (правно-социологически анализ)

Author(s): Stefka Naoumova / Language(s): Bulgarian Publication Year: 0

The article is dedicated to the problem of the relationship between legal consciousness and law- relevant behavior in the conditions of the migrant crisis. In the analysis attention is focused on the legal-sociological aspect of the problem. It is particularly important to clarify how in the conditions of the migrant crisis psychological attitudes and value orientations towards the law are formed that maximally limit the risk of deviant behavior on an individual or institutional level in order to preserve the homeostasis of the social system, part of which is the law as a special regulator, among other normative systems, not of an institutional nature.

Judicial Reform and Process of Vetting in Albania: an Effective Project or an Unsuccessful Experiment

Author(s): Denitsa Dimitrova / Language(s): English Publication Year: 0

Since Albania was granted candidate status in June 2014, the EU imposed a numberof conditions to the country that it must fulfill to open accession negotiations. Over the past fouryears the Albanian government has achieved some success, but the process of reforming the judicial system is still a major obstacle for the integration process. Under intense pressure from theUS and the EU, the opposition Democratic Party and the government led by the Socialist Partyare mutually agreeing (July 2016) on the approval of a package of changes in Judicial reform.Despite the fact that Albania’s parliament accepts these changes with consensus, the re-evaluationof judges and prosecutors, known as Vetting process is considered of crucial importance to thepolitical future of the country and has sparked heated debate and controversial views on the political arena in Albania. Government claims the verification process will pave the way for talks with the EU, while the opposition warns that the new rules will affect judiciary appointments and challenge the credibility of the new institutions. The present study aims at taking a deep look at theProcess of Vetting in Albania. It starts by giving a brief chronology, then outlines the new majorjudicial institutions and reviews the latest data (as of July 2018) from Independent QualificationCommission. Also some of the major problems in judicial reform are reviewed before drawingsome conclusions. The possibility of making political decisions, contrary to the Constitution andlaws of the country, most likely will mark negatively the whole judicial reform.

The Question of Life: the Rights of Man vs Human Rights

Author(s): Adriana Zaharijević / Language(s): English Publication Year: 0

INSISTANCE ON THE FACT THAT HUMAN RIGHTS AND THE RIGHTS OF MAN (CODIFIED IN UNIVERSAL DECLARATION OF HUMAN RIGHTS AND DECLARATION OF THE RIGHTS OF MAN AND OF THE CITIZEN, RESPECTIVELY) ARE NOT ONE AND THE SAME, WHICH COULD BE DEDUCED FROM THE NOTION OF MAN COMMON TO BOTH TERMS, IS KEY THESIS IN THIS TEXT. BY DEVELOPING THIS MOTIVE, I TRY TO DETERMINE THE FOLLOWING: THAT THE NOTION OF MAN, BY DEFINITION INCLUSIVE AND ABSTRACTLY NON-DISCRIMINATIVE TERM, IS IN FACT ESTABLISHED ON TACIT EXCLUSIONS IN THE TIME OF ITS INCEPTION (ENLIGHTMENT REVOLUTIONARY ERA), AND IT WAS ONLY UPON THESE EXCLUSIONS THAT THE TERM MAN COULD HAVE SIGNIFIED “THE FREE AND EQUAL”. ALTHOUGH THE PARALLEL OR SIMULTANEOUS EVOLUTION AND IMPLEMENTATION OF THE RIGHTS OF MAN AND NATIONAL RIGHTS MIGHT SEEM CONTRADICTORY, I SEEK TO DEMONSTRATE THAT THIS PARADOX IS ONLY OSTENSIBLE, ARGUING THAT THE NOTION OF MAN IS ITSELF LIMITED AND EXCLUSIONARY, AND IS THEREFORE COMPATIBLE WITH THE EXCLUSIVITY WHICH IS THE CONDITIO SINE QUA NON OF NATION. THE CONSEQUENCES OF NATIONALISM – WORLD WARS, PRIMARILY – PROVED THAT THE CONCEPTION OF LIBERTY AND EQUALITY, BASED ON THE CONCEPTION OF FRATERNITY OF MEN (WHITE EUROPEAN MALES), AND OF PARTIAL DEMOCRACY PRETENDING TO BE UNIVERSAL, CANNOT BE MAINTAINED ANY FURTHER. CODIFICATION OF UNIVERSAL HUMAN RIGHTS REPRESENTS A REACTION TO THIS INTERNAL DISCREPANCY INASMUCH AS IT IS A REACTION TO THE DESTRUCTIVENESS OF ALL KINDS OF NATIONALISMS. THE NOTION OF LIFE, DEVELOPED IN THIS TEXT, CORRESPONDS TO THE FUNDAMENTAL REQUIREMENT FOR THE RIGHT TO LIFE (AS THE FIRST AND THE MOST BASIC OF ALL HUMAN RIGHTS), WHICH NO LONGER BELONGS TO “MAN”, BUT TO EVERYONE.

TRĂSĂTURI DEFINITORII ȘI PROCEDURI LEGALE PRIVIND BOLILE PROFESIONALE

Author(s): Elena Botnari / Language(s): Romanian Publication Year: 0

This article examines the concept of occupational disease (intoxication) and its defining features: the determined temporal character, the acute character, the effect character of the harmful factors of work, the prejudicial character. The research stages of the occupational disease (intoxication) are commented, as they are regulated in the Sanitary Regulation on the research and establishment of the diagnosis of occupational disease (intoxication), approved by the Government Decision of the Republic of Moldova no. 1282 of November 29, 2016: 1. signaling suspicion of occupational disease (intoxication); 2. research into the case of suspicion of occupational disease (intoxication); 3. declaring the case of occupational disease (intoxication); 4. Registration and reporting of cases of occupational disease (intoxication)

Право и икономика и икономика на правата

Author(s): Kiril Ilchev / Language(s): Bulgarian Publication Year: 0

The development of the World during the past years increasingly makes us think about how we live, what kind of moral values and culture of knowledge about our environment we have; what kind of rights we have and how, and why we exercise, respectively not exercise them. The global ‘climate’, dynamic and exposed to risky situations, is gradually evolving and entering a period of search for efficiency, effectiveness, balance and adaptability, in order to stabilize itself, survive and continue in an optimal way.The idea behind this article is to show in general aspect the theoretical ways, stands, schools and concepts in this interdisciplinary field. The use of the different economic concepts and tools gives us many possibilities: to look at the nation as a combination of organized systems, to discover and shape the balance and harmony between them, their subsystems and elements with the purpose of successful implementation of different rights; to suppose and explain the effects of the legal norms, in or even before their creation; to estimate which legal decisions are rational and to provide for which of them should be rejected, approved, amended, etc. So this approach will make them socially justified, more understandable, accepted and implemented by the society.

Правно-социологически параметри на законодателната власт

Author(s): Stefka Naumova / Language(s): Bulgarian Publication Year: 0

Modern representative democracy has recently become an essential part of the political life. Direct and representative exercise of legislative power in a global transition in terms of the dynamic processes of the European strategy is related to the search for adequate models for strengthening the civil society and the direct participation of citizens in the implementation of legislature. The legal-sociological aspects of legislators and legislatures are an interdisciplinary approach which focuses on the social interactions, groups, and institutions involved in the process of parliamentary representation. Legal and sociological parameters of the legislature show a functional connection between the established constitutional model and its empirical characteristics.

Социалните нагласи като критерий за конституционност

Author(s): Blagoy Deliev / Language(s): Bulgarian Publication Year: 0

Social attitudes are a set of conscious and unconscious behavioral habits, prejudices, stereotypes. They have objective consequences in reality. Their effect is to preserve personality and order in society. The article traces the regulatory effect of certain social factors in the creation and implementation of constitutional norms. The law does not cover the intuitive manifestation of these factors, but they can be explained rationally through the effect of attitudes.

Considerații privind reconfigurarea percepției conceptelor dreptului natural în lumina dinamicii sociale generate de criza Sars-Cov-2

Author(s): Claudiu Ramon Butculescu,Alexandru Florin Măgureanu / Language(s): Romanian Publication Year: 0

This article tackles some aspects related to the features of the natural law school of thought, with regard to its traditional approach, as well as possible changes in the perception of concepts drawn by this current in the field of law as a result of social changes generated by the Sars-Cov-2 pandemic. Natural law is one of the most studied school of thought in law, being based on the concept of immutable and aprioristic law. Thus, the features of natural law seem at first sight unaffected by health crises in general and therefore by the health crisis caused by the Covid pandemic 19. The vast majority of natural law theorists accept a dissociation between the features of natural law, in their pure, immutable form and the perception of these features and their applicability in the mundane universe. The perception of natural law paradigms, once almost as immutable and inflexible as the essence of natural law itself, which they reflect in a still imperfect mirror, has been influenced by the obvious perceptual changes of a social nature that the pandemic has caused in the last year and a half. Consequently, this article contains some analyzes and correlations between the social effects of the pandemic and the changes that these effects have brought to the perception of natural law. The finality of the conclusions will try to illustrate a new configuration of the perception of law. naturally in a post-pandemic and even inter-pandemic universe.

Pandemia Covid-19 - confirmare a solidității sau vulnerabilității statului de drept?

Author(s): Viorel Gheorghe / Language(s): Romanian Publication Year: 0

The Covid-19 pandemic provided the most concrete example of vulnerability of states, systems and the rule of law: from the need to reconfigure the state functionality to the non-compliance with national laws (found both in simple individuals and, worse, to certain policy makers), to undoubted speculations and the misinterpretation of law and the presence of abuse in the individual-state legal relationships. The suggestive title of this conference is meant to highlight both the social, ethical and legal controversies, internally, and those characteristic to the foreign policy. After the Second World War, the current pandemic and the reality in the public space generated the most complex legal controversies and debates in all areas of socio-political life, including doubts about the ability of states to ensure the rule of law. Along with the undoubted emergence of a new perspective on the evolution of the law system, we are not mistaken if we join the WHO President who said that the pandemic has created more problems than the damage caused by the Second World War, in some of the documents issued by various entities within the European Union, revealing a worrying reality. For this reason, and in this specific context, the state solidity will be directly proportional to the degree of appropriation and awareness that the rule of law emerges from the constitutional order, meaning that the rule of law is established by all legal rules issued on the basis and in accordance with the fundamental law, the Constitution

Umanismul sub Corona

Author(s): Mihaela Aghenitei,Jafar Samdani / Language(s): Romanian Publication Year: 0

Humanists seek to use science creatively, not destructively. Humanists believe that the solutions to mankind's problems lie in human thought and action, not in divine intervention. Humanism supports the application of scientific methods and free thinking on human welfare issues. But at the same time, humanists believe that the application of science and technology must be tempered by human values. Science does not provide the means, but human values must propose the ultimate goal. It affirms the value, dignity and autonomy of the individual and the right of every human being to the highest possible level of freedom, compatible at the same time with the rights of others. Humanists have a duty to care for all of humanity, including future generations. Humanists believe that morality is an intrinsic part of human nature, based on understanding and care for others, which does not need external confirmation. Many people blame globalization when it comes to the epidemic caused by Coronavirus and argue that the only way to prevent other similar epidemics is to deglobalize the world. Building walls, restricting travel, reducing trade. However, although short-term quarantine is essential to stop epidemics, long-term isolation will lead to economic collapse without providing real protection against infectious diseases. The exact opposite will be created. The real antidote to an epidemic is not segregation, but cooperation.

Krivična djela počinjena iz mržnje: izazovi reguliranja i procesuiranja u BiH

Author(s): / Language(s): Bosnian

Ovaj zbornik je nastao kao rezultat projekta “Procesuiranje mržnje: prema usvajanju i implementaciji najboljih standarda i praksi Evropske unije u borbi protiv krivičnih djela počinjenih iz mržnje u BiH”, koji implementiraju Udruženje tužilaca Federacije BiH i Analitika – Centar za društvena istraživanja, a uz podršku Ambasade Kraljevine Norveške u BiH.

O kulturi ljudskih prava

Author(s): Aleksandar Saša Zeković / Language(s): Montenegrine Publication Year: 0

Fundamental attributes of human rights are autochthony, universality, equality and indivisibility. Preconditions for genuine realization of human rights are democracy, rule of law and procurement of minimal social-economic standards needed in order to enable each individual to prosper and develop, as well as other rights. Culture of human rights means respect and protection of human rights in everyday life, genuine benefit from human rights, which does not only depend on respect of legal provisions, but also comprises heritage, attitudes and habits of people. Mainly societies in transition have problems with the culture of human rights. The indicators of lack of culture of human rights are: lack of consciousness regarding the existence of human rights; being unfamiliar with one-owns rights and indifference in relation to their violation; lack of self-confidence regarding realization of these rights, indifference towards others, lack of solidarity and lack of readiness to defend human rights of others, as well as existence of discrimination. Culture of human rights must be „initiated by little steps, by respecting the right of other on everyday bases, by using human rights as a foundation for resolution of both public and personal problems and by using human rights as a measurement for development of the society“ . All subjects of society play extremely important role in this -the state, church communities, those who in the framework of educational process work with young people, civic society, media, non-governmental organisations and individuals who deal with promotion and protection of human rights. The fundamental sense for existence of NGOs is social change, safeguarding and defence of democracy, fortifying of democratic culture of citizens, monitoring of political and transitional processes, political elite, fight against corruption, education on all levels… Through education, public advocacy of important social problems and dilemmas, through recording of the cases of violation and providing monitoring of respect of human rights, providing of legal aid, NGOs are working on making the citizens recognize and get familiarized with their rights, in order to use them, but also to learn to respect the rights of others in their surroundings. NGOs dealing with human rights’ issues should primarily be seen as „suppliers of correct information regarding the violation of human rights“ and monitors of the work performed by the government in the field of human and minority rights.

Načelo javnosti kao atribut pravičnosti

Author(s): Zoran Pažin / Language(s): Montenegrine Publication Year: 0

Information is an outcome of human cognition, and hereby an outcome of progress, economic, cultural and moral prosperity of the society. However, prosperous society can be only politically stable society in which mutual rights and obligations of citizens and state are definite. Thus, the role of the Court, in the society that is politically organised by the system of division of authority on legislative, executive and judicial power (Montesquieu – L`ésprit de lois) is to resolve conflict situations in the society, and court verdict- verification of legal order, in an authoritative way. Contribution judges can give to the rule of law is immeasurable. Therefore a judge must be a person of public thrust, since „going to the judge means going to justice“, a central virtue of the society which pleads to be open, civic and democratic. Publicity principle is an integral part of wider international standard, of capital significance for the affirmation of rule of law- right to a fair and public trial, in reasonable time limit, in front of independent and impartial court, established by the law. Previous statement, clearly, implies the conclusion-publicity is an attribute of justice. On the other hand, freedom of information is an attribute of freedom of expression, or free public dialogue about all issues being of public interest, and in the concrete case- about circumstances related to the work of courts. Since only a citizen who has access to information, being an original protagonist of sovereignty, can express his opinion. Mistakes made during reporting on work of courts are ample and diverse. Fundamental disregard of place and role a court has in society, especially in relation to the police, prosecutor’s organisation and advocacy, leads to major mistakes in terminology that is being used. Domestic normative framework which regulates the correlation between those two categories of human rights and freedoms, that are in focus of author’s interest in this text, is given in Charter on human and minority rights and civic freedoms, representing an integral part of the Constitutional charter of the State Union of Serbia and Montenegro, Constitution of the Republic of Montenegro, Criminal procedure code, Law on litigation, Law on media and Court standing orders. It should be emphasized, that according to Article 10 and Article 16 of the Constitutional charter of the State Union of Serbia and Montenegro, ratified and published international agreements on human and minority rights and civic freedoms, make an integral part of domestic legal system, thus, nota bene, have more important status than domestic regulations and are applied directly. Freedom is illusory and theoretical, instead of being efficient and real, if the citizens do not have free access to information that are on disposal to public bodies. Only cognition opens new horizons in attaining the self-conscious freedom.

PRAVDA, PRAVO I MORAL U BOSNI I HERCEGOVINI - SOCIOLOŠKO-PRAVNA REFLEKSIJA

Author(s): Ivo M. Tomić / Language(s): Croatian Publication Year: 0

From different theoretical perspectives, this text defines the concepts of justice, law and morality. The author points specificity to the of these phenomena, highlighting the features of their mutual contact and pointing the lines where they are separated in theory and practice. The aim of this article was to indicate the importance of these phenomena, the ways of understanding and respecting them in present situation in society and the state of Bosnia and Herzegovina. The respect of the principles of justice, the legal life rules (norms) and the fundamental moral principles, the author takes as a fundamental test for Bosnia and Herzegovina and the Bosnian society. The proper theoretical analysis leads the author to the bleak picture of our present situation.

İmâm-ı Azam Ebû Hanîfe ve Düşünce Sistemi

Author(s): / Language(s): Turkish

The book Imām al-Aʿzam Abū Hanīfa and His Thought System delves deeply into the life, methodology, and intellectual world of Imām al-Aʿzam Abū Hanīfa, one of the cornerstones of Islamic thought. The book comprises papers and discussions presented at the “Symposium on Imām al-Azam Abū Hanīfa and His System of Thought”, organized by the Qur’an Research Foundation (KURAV) in Bursa from October 16–19, 2003. In this symposium, which was contributed to by seventy-seven academics, the personality and ideas of Abū Hanīfa were addressed from a broad perspective. The work extensively examines topics such as “Abū Hanīfa’s Personality,” “His Methodology (I-III),” “The Hanafī School (III),” “Abū Hanīfa in Political and Cultural Tradition,” “Abū Hanīfa and the Science of Kalām,” “Abū Hanīfa’s Thought (I-II),” “Abū Hanīfa and Hadīth (I-II),” and “Abū Hanīfa’s Place in Legal Thought.” In particular, the book offers captivating details about his understanding of hadīth and sunnah, his approach to interpreting narrations, and his influence on Islamic sciences. This book presents Abū Hanīfa’s thoughts not only in a historical context but also as a source of inspiration for contemporary Islamic thought, offering readers a multi-dimensional perspective. It appeals to both academics and a broader audience interested in Abū Hanīfa’s intellectual world. As such, it serves as a significant reference work for those engaged in the field of Islamic studies. Abū Hanīfa is one of the founding figures who shaped the Islamic community both doctrinally and practically from the very early periods. He lived at a time when narrations had not yet been compiled in specific collections, and his thought and worldview were grounded in the texts (nass) without any derogatory treatment. He bequeathed to us a vision that established a balance between faith (iman), worship (ibadah), excellence (ihsan), and the harmony between the outward (zahir) and inward (batin) dimensions of Islamic life. The comprehensive perspective established by Imām al-Aʿzam has continued to serve as a consistent and enduring model of coherent thought, always offering a way out for humanity during times of crisis. The scholarly personality of the great Abū Hanīfa has been the subject of numerous academic studies; however, for the first time, an event of such a wide scope, reflecting Turkey’s intellectual heritage, has been organized to address his multifaceted contributions. Not only Sunni jurisprudential thought but also the broader conception of Islamic jurisprudence, and not only from the perspective of religious sciences but also encompassing social sciences, were examined through a holistic approach. Over forty papers and discussions provided an in-depth analysis of his thought. Through this scholarly event, the internal consistency of Abū Hanīfa’s thought, as well as the Hanafī intellectual tradition developed after him, was highlighted. Attention was drawn to its capacity to foster harmony between different branches of knowledge, its comprehensive nature, and its accurate perception of “social reality” expressed through a distinct worldview in line with the requirements of scientific truth. This demonstrates that the goals of the scientific event we organized were achieved. Indeed, even though more than twenty years have passed since this event, the work containing the papers presented has not lost its value or relevance, and there is now a renewed need to present it once again to interested parties.