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STUDENT AND PARENTAL ATTITUDES TOWARDS VOUCHERIZATION OF EDUCATION

Author(s): Admir Čavalić,Damir Bećirović,Amela Bešlagić / Language(s): English Issue: 3/2018

Voucher system of education implies the use of vouchers as instruments of financing public and private education. Unlike the traditional ways of financing education, the voucher system creates the assumptions for increasing the freedom of choice regarding educational programs within different levels of education. Paper will use scientific methods of systematization and analysis of existing literature regarding school vouchers, in order to give a critical review of the influence of vouchers on increasing the competitiveness of education. The paper will also present the results of the research of student and parental attitudes about towards voucherization of education. Research sample includes respondents from Bosnia and Herzegovina, Republic of Croatia and Republic of Serbia. Along with the conclusion, the paper also offers some recommendations regarding the use of vouchers for the improvement of local education systems.

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Платформата е съобщението (перспективи пред правната уредба на платформите)

Author(s): Nelly Ognyanova / Language(s): Bulgarian Issue: 8/2020

For the first time the Bulgarian Radio and Television Law include provisions related to video sharing platforms. Platforms are a new type of intermediary. Do we know enough about how platforms influence global social and political processes? Internet companies contribute to democratization of access to knowledge and culture. But when the platform is the message, media ecosystems no longer function as we know it. In the time of global platforms, competition is limited. Platforms negatively affect traditional business models of the creative industries and the media, allow tech giants to gain enormous economic power based on capitalization of clients data, influence global social and political processes and spread disinformation and illegal content. What did the revision of the Audiovisual Media Services Directive (2018) provide for and what can be expected from the next acts of the legislators?

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INTERNATIONAL LEGAL STANDARDS IN COMBATING CHILD ONLINE SEXUAL ABUSE AND EXPLOITATION

Author(s): Bistra Netkova,Ariana Qosaj Mustafa / Language(s): English Issue: 03/2021

The general international standards are being discussed in this article, as well as more relevant ones concerned with the problem of sexual exploitation and child abuse. Further, the article discusses a growing understanding of children’s exposure to violence, strengthened commitments to secure their safety and protection, and significant international implementation efforts to mobilize support for prevention and response and to help change attitudes and behavior which condone violence against children. With the fast development of the internet and online social networks, the article ends with a conclusion in identifying criminal law benchmarks based on the previously identified general international standards.

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REFOULING ROHINGYAS: THE SUPREME COURT OF INDIA'S UNEASY ENGAGEMENT WITH INTERNATIONAL LAW

Author(s): Malcolm Katrak,Shardool Kulkarni / Language(s): English Issue: 2/2021

The complex relationship between international and municipal law has been the bone of significant scholarly contention. In the Indian context, despite a formal commitment to dualism, courts have effected an interpretive shift towards monism by espousing incorporation of international law. The case of Mohammad Salimullah v. Union of India, which involves the issue of deportation of Rohingya refugees from India, represents a challenge in this regard owing to the lack of clarity as to India’s obligations under the principle of non-refoulement. The paper uses the Supreme Court’s recent interim order in the said case as a case study to examine India’s engagement with international law. It argues that the order inadequately examines the role of international law in constitutional interpretation and has the unfortunate effect of ‘refouling’ Rohingyas by sending them back to a state where they face imminent persecution.

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CHINESE SOCIAL CREDIT SYSTEM: NEW CHALLENGES FOR THE RIGHT TO PRIVACY?

Author(s): Siniša Domazet,Majida Lubura,Ivona Šušak-Lozanovska,Nina Ilik / Language(s): English Issue: Supp. 1/2021

The Social Credit system (SCS) in China is being applied in an increasing number of areas of everyday life. This system is built around rewarding and punishing specific forms of social behavior. The question arises whether this system is a new challenge to the right to privacy. The study, which is supported by literature, sheds light on how novel this thought is. This paper uses the comparative method, normative method, and legal-logical methods of induction and deduction. According to the research, the SCS in basic is a state project. The key distinctions between the SCS and similar systems in Western countries include the impact on individuals, state dependency, punitive policy, the breadth of consequences, and cultural differences. In addition, one of the tools of the SCS in China is ‘shame’, which is focused on maintaining harmonious relations within a society. In the West, the focus is more on the citizens’ rights.

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РАЗМИСЛИ ОТНОСНО РИМСКОТО И СЪВРЕМЕННОТО СХВАЩАНЕ ЗА ДОГОВОРА

Author(s): Juan Manuel Blanch Nougués / Language(s): Bulgarian Issue: 1/2021

The aim of this article is to highlight the importance of the Roman legal terminology on contracts, origin of modern basic concepts such as contract, pactum, agreement, transaction (with mutual sacrifices by the parties), or unilateral promise etc., very abundant, from the legal theory’s point of view, in the Roman law. This ancient law is, nowadays, an indispensable tool referring the dialogue between the most widespread traditions in the world, i. e., the Roman-Germanic and the Common Law. In order to do that, even between national laws belonging to a common legal tradition, the analysis of the genesis and nature of the legal concepts in Roman law constitutes a fundamental task of legal interpretation. A review of the traditional theory of the sources of obligations in Roman law is also necessary. This paper, besides, affords the discussion of the recent reform of the French Civil Code concerning the sources of obligations (2016), as well as some of the different initiatives about the international unification of private law.

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КОНСЕНСУАЛНОСТТА НА РЕАЛНИЯ РИМСКИ MUTUUM. КОНТИНУИТЕТ И ДИСКОНТИНИУИТЕТ В УРЕДБАТА НА ДОГОВОРА ЗА ЗАЕМ ЗА ПОТРЕБЛЕНИЕ МЕЖДУ РИМСКОТО ПРАВО, ИТАЛИЯ И КИТАЙ

Author(s): Antonio Saccoccio / Language(s): Bulgarian Issue: 1/2021

Roman jurists had always included the loan contract among the real contracts. This is the result of a progressive refinement process started with the ‘birth’of the loan within the category of the 're obligari'. Through a riper consideration developed among the jurists, the old 're obligari' has been included in a more recent notion of 'contrahere re', where the role of the consent is definitely more relevant. A tension between the elements of the consent and delivery has been kept within the view of Roman jurists on this contract: Roman jurists had, on the one hand, vigorously defended the view of the loan as a real contract, on the other hand, had elaborated dogmatic models of loan contracts for which the delivery (traditio) was not anymore necessary for the production of the (obligatory) effects of the loan contract.

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DATIO IN SOLUTUM NECESSARIA В РИМСКОТО ПРАВО. РАЗВИТИЕ И НАСТОЯЩЕ – СРАВНИЕЛЕН АНАЛИЗ

Author(s): Verónica Daniela Díaz Sazo / Language(s): Bulgarian Issue: 1/2021

This research aims to analyze the figure of the datio in solutum necessaria from its origins to the present. All this, from the terminological and practical origin of the datio in solutum, but focusing specifically on the datio in solutum necessaria. The legal figure of datio in solutum necessaria finds its origin, according to the majority doctrine, after Justinian, so it is intended to systematize its evolution until today. In modern times, the datio in solutum necessaria is not estipulated in most legal systems, with voluntary payment being the option regulated by most of the current Civil Codes. However, it is intended to demonstrate that there are legal systems that remain faithful to Justinian Roman law when it comes to providing the datio in solutum necessaria in an express manner in their legal systems.

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МОРЕ И ПРАВО. НЯКОИ БЕЛЕЖКИ

Author(s): Mario Fiorentini / Language(s): Bulgarian Issue: 2/2021

The analysis of the legal sources of the second and third centuries AD, aims to highlight the fact thatthe inclusion of the sea among the res communes omnium, and the same this category developed by Marcian are not so much the mature fruit of the discussions developed among the imperial jurists but, on the contrary, an attempt to build a special category within the res publicae, open to anyone regardless of Roman citizenship, which, however, when it was created by Marcian, would need further reflection. However, such an in-depth study was not possible due to the lack of scientific activity of the jurists after Gordian III. A close analysis of the scene of Plautus’ Rudens is also carried out, in order to attempt a correct framing of the discussion on the historical process that involved the definition of the sea as res communis omnium.

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LITTORAL MARITIME – FONDEMENTS ROMAINS ET LEGISLATION BULGARE CONTEMPORAINE

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2021

This article presents some fundamental issues related to the use of the sea coast: its status from the legal and material point of view, the possibilities for its private or public use, the possibilities de construction on the coast and the beach as well as in the seabed, protection of the environment and the natural resources of the sea and the coasts. In the two parts of the article are presented the concepts of Roman jurisprudence and the modern Bulgarian legislation as well as some current problems for the Black Sea coast.

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THE LAW OF THE SEA AND THE INTERNATIONAL ARBITRATION

Author(s): Ganeta Minkova / Language(s): English Issue: 2/2021

The aim of this paper is to study some aspects of the International Maritime Law, especially the settlement of disputes by international courts and tribunals. It examines at the way these institutions address contemporary problems. The study explores the role of the courts and tribunals and their potential to contribute to global justice.

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„НАШЕТО МОРЕ“ И СУВЕРЕНИТЕТЪТ

Author(s): Nataliya Kiselova / Language(s): Bulgarian Issue: 2/2021

From ancient times until today, the sea has been a border, but also - a link. The use of marine waters is dealt with in international maritime law, but it is a matter of international relations as well. A brief historical overview of the impact on the Black Sea over the centuries has been made. The problem of sovereignty is also derived from history. This issue remains relevant and controversial. In the paper, sovereignty is considered from a legal and geopolitical perspective.

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L´ATTIVITÀ DELLO SCAPHARI COME PRECEDENTE DEL CONTRATTO DE MOVIMENTAZIONE PORTUALE

Author(s): Tewise Yurena Ortega González / Language(s): Italian Issue: 2/2021

In this study we intend to briefly analyse one of the contracts that the Maritime Navigation Law classifies as „contracts auxiliary to navigation“, the port handling contract, trying to establish the existing connections between the current regulations in relation to the activities carried out by port operators, the contractual modality and the liability regime, as well as the activity carried out in the ports of ancient Rome by the professional staff of the scaphari.

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L'INFLUENZA DI LITUS MARIS SULLA LEGISLAZIONE COSTIERA SPAGNOLA

Author(s): María Etelvina De las Casas León / Language(s): Italian Issue: 2/2021

The issue of litus maris is not a current concern to determining the coasts of individual countries. Roman law endeavours to analyze the question and above all to attend to the needs of a community. Although terminology may have evolved, the purpose has remained the same: concern for the environment and the legal regulation for the benefit of all mankind. When mentioning res communes omnium or res publicae, we ask ourselves whether they really have a different meaning or whether, on the contrary, we can consider them synonyms. In this sense, neither the sources, nor the doctrine is unanimous. From our point of view, however, everything boils down to a terminological and semantic problem, where the purpose is one and the same: to recognize a good of an entire community, which belongs to humanity and which we cannot make unlimited use of outside the legal system itself. Once again we find a topic that, although it seems contemporary, had already been taken into account in Roman jurisprudence and literature as well. And therefore, we see the impact and influence of Roman law on our contemporary legal system.

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ARBITRAL SETTLEMENT OF DISPUTES IN PROVINCES IN SHADOW OF THE ROMAN PROVINCIAL ADMINISTRATION

Author(s): Ivan Milotić,Ivana Jaramaz Reskušić / Language(s): English Issue: 2/2022

There are many records throughout the Empire from the imperial provinces dating to 1st and 2nd century AD that mention dispute settlements between tribal communities in which the Roman provincial administration had significant role. The intention of the Romans to intervene to such disputes was not so much motivated by the need to ordain how the dispute should be settled, but to ensure all the prerequisites that the dispute was ended quickly and efficiently. Romans intervened to all disputes that they perceived as potential dangers to their smooth administration of the province. The more dangerous the dispute was the higher provincial official was concerned with its settlement. Such approach to dispute settlements resulted with a high degree of standardisation of such procedures throughout the Empire which can be qualified as some kind of administrative arbitrations. Moreover, such approach reflected a consistent policy to disputes in those provinces where stabilisation of Roman government was still going on, or where tribal communities did still not fully adapt to the new Roman administrative system and territorial divisions. In their attempts to bring such disputes to an end, the Roman provincial magistrates used certain powers which were typical for their criminal jurisdiction, especially in initiating the dispute settlement and the enforcement of the award.

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SERVUS VILICUS AS INSTITOR

Author(s): Mirjana Miškić / Language(s): English Issue: 2/2022

Servus vilicus was slave placed at the head of a Roman villa rustica. The main sources in which we learn about the content of the duties and the powers of the vilicus are provided by Columella, De re rustica, I.8, XI.1, and XII.1, Varro, De re rustica, I. and the Cato, De agri cultura, CXLII–CXLIII. Having in mind that legal framework of his occupation is pretty unknown, it is justified to ask a question: was he (or maybe she) the institor? In the Digest, we find only the incidental remark that anyone appointed to cultivate the land may be considered as an institor (D.14.3.5.2). In addition, the institor was primarily engaged in trade, while the vilicus performed a wide range of the work. Beside that fact, vilicus was not exclusively engaged in agriculture, but also in some state services, which makes this notion even more complex and contradictory. However, the main question remains to be answered, whether the servus vilicus was a person who also legally obliged his master or his job was reduced to the actual management of the property?

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LA CONFERMA DELLA CONSUETUDINE DELLA PROVINCIA NEI GIUDIZI RESI IN CONTRADDITTORIO

Author(s): Petruţ-George Bran / Language(s): Italian Issue: 2/2022

Starting from a fragment from Ulpian (D. 1.3.34), the present paper aims at presenting other ancient sources and explore if provincial custom was accepted as / considered a self-standing source of law or if it was necessary for it to be confirmed in contentious proceedings. The research also presents the relations between custom and law.

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BANK PROFITABILITY DETERMINANTS: EVIDENCE FROM KOSOVO AND ALBANIA

Author(s): Vesë Qehaja-Kekaë,Skender Ahmeti,Muhamet Aliu / Language(s): English Issue: 2/2023

This research aims to examine the factors that impact the profitability of commercial banks in Kosovo and Albania. Profitability is crucial in the financial sector as it directly affects policymakers, regulators, and bank management. The study focuses on several determinants of bank profitability, including the number of employees, loan interest rate, non-performing loans, and total loans. The study employed quarterly secondary data spanning from 2010 to 2020, resulting in 400 observations. The analysis used multiple linear regression, influenced by the huge number of observations and the applicability of ordinary least squares (OLS) for such studies. This method allowed for a thorough examination of the interactions between the dependent and independent variables, providing a more in-depth understanding of the factors driving bank profitability. The statistical significance was determined using software such as STATA and SPSS. The dependent variables in the analysis are return on assets (ROA) and return on equity (ROE). The findings reveal that the loan interest rate, total loans, and non-performing loans significantly influence the profitability of the analyzed banks in Albania and Kosovo. Furthermore, the total number of loans and employees are statistically significant determinants of ROE. These findings provide valuable insights for bank management and policymakers in enhancing bank profitability and stability.

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INTERNATIONAL MIGRATION AND WORK-RELATED SECURITY.
A CASE STUDY FROM THE ALBANIAN CONTEXT

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INTERNATIONAL MIGRATION AND WORK-RELATED SECURITY. A CASE STUDY FROM THE ALBANIAN CONTEXT

Author(s): Brunilda Zenelaga / Language(s): English Issue: 2/2023

The concept of work-related security is associated with seven forms of security, as described in ILO’s Socio-Economic Security Program . This paper aims to analyze how the lack of seven forms of work-related security influences the decision to migrate, focusing on the case of Albanian citizens who have migrated to different Western European countries. The migration of people in work active age from the Republic of Albania to Western countries, associated with a frenetic population decline, is the biggest concern nowadays in Albanian society. The present paper shows the results of a qualitative study. The study highlighted that the lack of one or more forms of work-related security plays a very important role in motivating people to emigrate. The present study results can orient other quantitative studies that lead to measuring the impact of work-related security forms in the decision to emigrate. This study also sheds light on the way policies should consider work-related security to normalize the phenomenon of migration from Albania to Western countries.

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Commercialization of Unmanned Aerial Vehicles. Prospects and Challenges in the Second Decade of the 21st Century

Author(s): Dolores Gracja Piwek / Language(s): English Issue: 2/2024

Unmanned aerial vehicles (UAVs) are fulfilling increasingly important roles in the economies of countries around the world, providing a more economical and convenient tool for performing tasks that are dangerous to humans or during which the use of specialized equipment is expensive and/or inefficient. The subject of the provided research in this article is the process of commercialization of UAVs and the opportunities and challenges associated with its implementation. The purpose of this article is to identify the most important prospects and challenges facing the UAV industry in the second decade of the 21st century. The main research problem was formulated in the form of a question: What are the most important opportunities and challenges related to the commercialization process of UAVs in the second decade of the 21st century? The article reveals the issues that determine the most important trends in the operation of unmanned aircraft and the opportunities and challenges associated with their commercialization in the context of aviation safety in Poland and Europe. An additional purpose of this paper is to fill the gap in the collection of scientific studies devoted to the subject matter. From an analysis of the available literature, it appears that among scientific studies, there is a lack of those that address the subject matter discussed in this publication within the proposed scope. The observed increase in interest in UAVs—from companies offering specialized services using them, scientists using UAVs for research, and private users—makes it important to analyze the latest trends in UAV development and the challenges facing the aeronautical industry in this area. This applies especially to the areas of the use of UAVs, alternative methods of powering them, and commercial operations using UAVs. The main conclusion of the study is that the development of unmanned aircraft systems services, supported by a competitive sector, can greatly promote Europe’s double transition to a green and digital economy, as well as contribute to the EU economy’s post-COVID-19 recovery and future resilience. Unmanned Aerial Vehicles have the potential to become facilitators of our economic and social lives, in addition to a driving force in the growing digitalization of the European economy, from daily commuting to product delivery.

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