We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
The article addresses various problems in the practical implementation of the Treaty on Mutual Legal Assistance in Criminal Matters between the Republic of Bulgaria and the People’s Republic of China. These include way of execution, proofs, centralized communication, special autonomous regions of China, political crimes, etc. from a Bulgarian perspective.
More...
The subject of this article is the machine translation (MT) of the German terms Lehrbefugnis (“authorisation to teach”) and Lehrbefähigung (“teaching qualification”) into Polish. After highlighting the role of these terms in international academic careers, their semantics are described and basic information about the principles of MT are outlined. The structural equivalents of German terms in Polish and typical mistakes made by translators are also discussed. The analysis concludes that translators are not yet able to translate such specific terms correctly, therefore further work (also of a linguistic nature) is necessary to improve the quality of translations, e.g. by supplementing lexical resources.
More...
This paper contains a description of the criminal justice system in Bulgaria, starting with the history of modern criminal regulations, current provisions, as well as the organization of judicial institutions. At the same time, the author comparatively analyses several institutions of criminal and criminal procedure law in the Bulgarian and Romanian systems. The analysed institutions refer to the judicial organization in the two countries, criminal prosecution, preliminary hearings, the evidence system, but also corruption and office offences. For the comparative analysis of the two criminal justice systems, we also considered the findings of the Venice Commission, the Court of Justice of the European Union, the European Court of Human Rights, but also those of the European Commission within the Cooperation and Verification Mechanism. The paper also contains the author's point of view regarding some legal provisions of the two countries, with reference to the effectiveness of the rules necessary to combat the criminal phenomenon, especially in relation to corruption offences. Last but not least, the paper addresses the matter of comparing legal institutions from different countries, with some arguments in favour of this difficult approach.
More...
In the sphere of government activity, a particularly important role is given to the public function performed by the human factor within the bodies and authorities of the public administration. The staff of the European public administration through which the law is implemented and the public interests are satisfied is constituted for the most part by a civil service body subject to a legal regime of public law. The body of civil servants represents the largest part of the public administration, and this paper aims to present European models on access to public office, but also making a comparison between the presented models that ultimately reflect positive aspects that can be taken over in other administrative systems, including the national one.
More...
The present study aims to offer an integrated vision of the origin, legal nature, and the effects which occur in the field of specific relations of civil law, from the perspective of comparative law by valorizing the specific research methods which define the institution of the right of first offer. Theoretical approaches with practical implications of continental law and Anglo-Saxon law were considered.
More...
We live in an age where every piece of information is literally at our fingertips. There is no person who has not accessed this inexhaustible source of information and opportunities and who has not been asked for a “favour”: the disclosure of personal data. Strictly from the perspective of the VAT theory, given the fact that electronic platforms provide services to a user in exchange for personal data, we are, apparently, in the hypothesis of an exchange of services. The present article aims to discuss this topic, raising some important questions, in order to identify, now or at least in the near future, some answers in line with the essential principles of law such as the principle of equity, fiscal neutrality and legal security.
More...
The report substantiates the need to develop a strategy formulation model for national security and presentation of it. The report is focused on the order of assessment of the security environment (global, regional and internal for the country, the analysis and formulation of a national ideal, national interests, goals, ways, and means of achieving them). Particular attention has paid to the sequence of development and time range of the strategy. Of particular importance for the successful formulation of the strategy is the participation of all political forces represented in the parliament and the guarantee of political consensus.
More...
The report examines the current problems of the legal definition of the concept of „strategic object” through a brief analysis of the understanding of this concept in the various legal systems and schools in the field of national security.
More...
When it comes to the issue of criminal trials being held in the absence of the accused, Member States of the European Union seem unable to come to a consensus. While some states may go forward with the trial regardless of the defendant's presence, others consider that the trial cannot take place under such circumstances. Furthermore, the contrast in perspective between member states is only emphasized by the different legislation adopted by each state. This article aims to outline the general framework for trials in absentia. It starts with a short history of the Directives adopted by the Council of Europe, meant to emphasize the evolution and the impact of legislation in this matter, and continues with brief contrasts and comparisons between the member states, in accordance to the regulations of their framework in such situations. Last but not least, the final analysis revolves around issues that arise in regards to trials in absentia in Romania, and the manner of how such trials are examined regardless or in accordance with national law.
More...
The aim of this article was to provide an overview of unfair market practices in the food supply chain. In order to achieve this objective relevant European Union and Spanish legal provisions were analysed. Next, successive stages of the agri-food chain and the legal forms of the protection of competition at each of these stages have been presented, followed by a postulate to implement at each of them legislative and fiscal measures that would increase the competitiveness of food producers. In this way agricultural associations could achieve a higher degree of integration and in consequence increase the bargaining power in the market, strengthening their position in the food chain.
More...
The purpose of this article is to analyse the image of the family in the Italian Civil Code. This study is carried out from a linguistic point of view. Passages on the family will be analysed in order to present the roles of the man and woman in marriage. The terminological evolution will be shown by comparing the 1942 Code and the 2022 Code. The aim of the study is to point out how the analysis of a legal text can contribute to a better understanding of a country’s culture.
More...
In the research; restorative justice practices in Turkey and Iraqi Criminal Law systems were compared and analyzed. The qualitative analysis method was utilized by reviewing much domestic and foreign literature. Among the practices in Turkey; "alternative sanctions to short-term imprisonment, postponement of imprisonment, pre-payment, postponement of the opening of the public case, deferral of the announcement of the verdict, summary procedure, simple trial procedure, reconciliation, conditional release, special execution procedures, probation, truth commissions" are included. Iraqi practices include "alternative sanctions to short-term imprisonment, suspension of execution, fines, postponement of the opening of the public case, postponement of the execution of the verdict, summary judgment, penalty order, conciliation, conditional release, special execution procedures, probation, truth commissions". As a result, it has been determined that seven of the twelve practices examined are named with the same name and five with different names, that the practices in both countries have many common aspects by universal legal rules, that the proximity to the practices in other developed countries in the world is related to the socioeconomic development level of the country, that there is a parallelism between the effective history of the practices and their inclusiveness, and that the common point of all practices is to rehabilitate the offender by making him serve his sentence and at the same time to strengthen his bond with the society without breaking his bond with the society
More...
The issue of legal protection of life from Article 38 of the 1997 Constitution is one of the most important dilemmas of modern Polish law. This issue was already regulated in the March Constitution. The purpose of the article is to present the normative content of the legal protection of life on the basis of both constitutions. The research objective is to determine the importance of the two constitutions in providing legal protection of life in the context of the tasks of the ordinary legislature and the importance of judicial decisions. The text confronts the assumptions of the system legislator with lower–level regulations. Particular attention has been paid to the issue of assessing the compatibility of these solutions with the constitution’s design. Consideration was given to the influence of international organizations on the content and implementation of the protection of life in the Polish legal order. The study includes an analysis of the literature on the subject. The dogmatic and historical-legal method was used. The deliberations take into account the weaknesses and strengths of entrusting the judiciary with the constitutional task of defining the normative content of the protection of life. Contemporary public disputes in this matter should prompt greater efforts in clarifying constitutional solutions. It is worth bearing in mind the experience of the 1921 Constitution.
More...
Despite an evolution in the harmonization of intellectual property laws, the current EU framework has not created yet a unitary concept of work, originality or authorship. As far as the originality concept is concerned, an artistic creation always has the mark of its author, and originality is "rarely denied to (...) an artistic creation" as the fathers of French intellectual property stated. The author must avoid any external source of inspiration in order to create an original work of genius, because originality, born spontaneously, from the "vital root of genius" means that the imitator must share his crown with the object of his imitation. But the concept has been refined over time, and today originality has been redefined, taking into account the classic imprint of the author's personality as well as his intellectual contribution. In these last few years, with the exponential development of artificial intelligence, Pandora's box of copyright issues has been opened. From a simple tool that helped the artist, it has led to original works created without human involvement. There are plenty of such spectacular examples. But can artistic works, created with AI, benefit from copyright protection? Can they be considered related rights? Do they qualify as co-authored works? It hasn't been very long since "non-traditional" art creations raised similar questions. Cubism, abstract art, Dadaism, conceptual art or digital art, have triggered similar reactions to those produced today by AI art creations. Even if at this moment we cannot offer concrete solutions to protect creations made only by artificial intelligence, without the human factor taking any credit in the creative stages, we will see what the not too distant future will offer. Artistic creations. Originality, inspiration, imitation.
More...
The Constitution of the Republic of Poland states that access to public education is not only compulsory but also free. In practice, however, it seems apparent – parents in the process of educating their children face a large number of various types of additional contributions, fees or additional costs related to education. Not being aware of which of them are compulsory and which are not, they very often pay all required contributions. This study will analyze the most common types of fees required from parents in connection with a child’s education and the legal nature of their affirmation. The journalistic sources as well as the provisions of national and international law will be analyzed, drawing interpretations of the provisions from national jurisprudence and commentaries.
More...
The European Union introduced the Solvency II Directive - Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance, to ensure the financial stability of insurance companies, by setting strict requirements for existing regulations. The implementation of the new directive in the countries of the European Union began in early 2016. In countries for which the implementation of this Directive is not binding, because they are not members of the European Union, it is necessary to harmonize national regulations and laws governing the supervision and management of insurance in accordance with Solvency II. Bosnia and Herzegovina, as a signatory to the Stabilization and Association must EU, must introduce European Union regulations into national legislation. Introducing this regulation in Bosnia and Herzegovina will imply major changes in the financial, organizational, and legal aspects of insurance companies. The new regulation requires new rules in the form of a solvency margin, a completely different holistic approach to risk management and transfer, investments by insurance companies, and the introduction of key functions. In the new legal framework, key office holders are subject to strict regulations regarding professional qualifications and personal reliability. Adequate preparation of domestic insurance companies for the application of Sbyssary, by the prescribed guidelines. In this paper, we pointed out the most important parts of Solvency II, preparatory actions for the introduction of this directive into national legislation, harmonization of BiH regulating ions with European ones, steps that Bosnia and Herzegovina must take to fully implement this directive into its legislation.
More...
This study talks about a collision between Polish legislation and European law by analysing the latest case law of the Polish Supreme Court, the Court of Justice of the European Union and the Polish Constitutional Tribunal. The aim of this study is to investigate the consequences of conflicting judgments, both from the current perspective and in view of the future. This discussion constitutes a basis for reflecting whether the correct exercise of the right to a fair trial may be considered in the case of a contradiction between two legal orders applicable to a citizen. The author analyses this subject matter against judgments of European tribunals and Polish courts, using the available literature and commentaries and investigating the law in force. The methodology of the work consisting in confronting judgments that present divergent positions with the simultaneous presentation of scholarly opinions will allow the author to scrutinize the impact of the presented facts on the correct exercise of the right to a fair trial.
More...
The article discusses the legal nature of concession contracts for works or services. It draws attention to the fact that such contracts can be simultaneously described as both civil law and public law contracts, assuming that appropriate provisions are applied and the right basis is determined — a normative one or that of the science of administrative law and public economic law. These conclusions are justified by the fact of the interpenetration and mutual interaction, in the legal regulation of concession contracts, of the dominant principles of public law (equal treatment, order to protect competition) and the principles of private law (limited, but not excluded freedom of contract).
More...
The article deals with several aspects of the organization and activities of local government authorities in the system of public authorities. The basic concepts of local government theories, which influenced the formation of legislation on local government authorities in Poland and Russia, are discussed. Polish and Russian practical experiences regarding the legal forms of public law entities in the field of state and municipal administration are presented in a comparative manner, taking into consideration Tadeusz Bigo’s scientific views. The article presents the constitutional amendments on the unity of the system of public authorities, introduced into the Russian Constitution recently. On the basis of comparative analogies regarding organization and interactions between the state and municipal levels of public authority in Poland and Russia, the most significant directions and forms of their legal regulation are outlined.
More...
The purpose of this study is to attempt to discover the relationship between the right to freedom of speech and national security, using a comparative analysis. For this purpose, reference was made to the comparison of the legal system of the Republic of Poland with the law of the Russian Federation. The legal issues of freedom of speech in Poland were examined, and then the legal system of the Russian Federation was analyzed, in which both national acts, such as the constitution and legal regulations regarding the operation of the media and freedom of expression, do not differ significantly from those found in other democratic countries. In addition, the Russian Federation is a signatory to most supranational agreements, such as the Universal Declaration of Human Rights. However, the problem lies in the actual application and enforcement of these rights and freedoms in practice.The conclusions drawn from this analysis are unequivocal. As long as there are no alternative credible information distribution channels, the existing political system in the Russian Federation will certainly be maintained, because the lack of an alternative perpetuates the monopolization of the media market. However, tightening the information transfer to government propaganda, limiting freedom of speech, will not be conducive to the internal stability of this country in the long run.
More...
