CULTURAL (UN)AWARENESS IN THE ACQUISITION OF LEGAL TERMINOLOGY: OUTCOMES AND SOLUTIONS

Author(s): Marina-Cristiana Rotaru / Language(s): English Issue: 1/2020

The aim of this paper is to highlight the role of cultural awareness in achieving accurate translations by focusing on the analysis of several culture-bound legal terms of the English and Welsh legal system. These specific terms include items that refer to the court systemin England and Wales, such as names of various key positions in the judiciary branch, terms used in court procedures and criminal procedure, or advocacy terms. A parallel with Romania is introduced in order to highlight the similarities and differences between the English and Welsh legal system and the Romanian legal system. In spite of the contrast between the two legal systems, the translator can, if aware of cultural idiosyncrasies, provide correct translations that make apparently opaque terms explicit in the target language.

THE COMMON GOODS ADDRESSED TO THE COMMUNITY USE WITHIN THE FRAMEWORK OF THE COMMUNITY ADMINISTRATION OF THE LATIN-SABINE ROMAN REGNUM (753 BC – 617 BC)

Author(s): Diego Diez Palacios / Language(s): English Issue: 2/2020

The reality of what modern states know as public property is present in the historical, urban and state period of the latin-sabine regnum. In it, the material arrangement of these realities will possess certain elements that are configured as a fundamental end that enhances the birth of a new, in part, legal way of acting on the also novel figure where the relationship between community and common thing manifests determining features that they become the antecedent of the sanctioned legal regime of the res publicae who will have to wait until the 4th century BC to see the light showing itself in the legal systems of numerous European and Latin American countries as the foundation of their public goods for public use.

Ако криминалните романи бяха реални наказателни казуси

Author(s): Ina Lozanova / Language(s): Bulgarian Issue: 3/2020

The current article aims to present a hypothetical review of some legal omissions in selected, reader-favorite crime novels. The material is based on legal principles which are common to states governed by the rule of law, and it would be useful to students of law and other academic courses. The presented cases in works of fiction have been analyzed from the standpoint of the acting Bulgarian penal law and Criminal Procedure Code.

THE LEADERSHIP REQUIREMENT OF THE CRIME OF AGGRESSION UNDER THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT

Author(s): Faruk H. Avdic / Language(s): English Issue: 3/2021

The subject of this analysis was the provisions of the Rome Statute of the International Criminal Court devoted to the leadership requirement of the crime of aggression. The crime in question is the successor of crimes against peace. This paper employed normative and formal dogmatic legal methods in analyzing the particulars of the leadership clause. Besides, this analysis also took into consideration the case-law of certain judicial bodies. This paper aimed to examine whether the leadership requirement of the crime of aggression has been properly constructed for the Statute. The main focus was on the meaning of the conditions stemming from the leadership clause that each perpetrator ought to fulfill to incur criminal responsibility for the crime of aggression. Additionally, this research addressed the criminal responsibility of public and private actors and the modes of participation in the crime in question. The article established that the leadership requirement concerning the crime of aggression has been aptly incorporated in the Statute since this requirement, at the same time, embraces the post World War Two standards concerning crimes against peace and the contemporary notion of aggression as one of the core crimes under international law.

За авторството в популярната музика през погледа на Уил Стро

Author(s): Mihail Lukanov,Mihail Lukanov / Language(s): Bulgarian Issue: 10/2021

The article addresses a topic related to the complex problem of authorship in the field of popular music today, as well as the challenges of trying to highlight the ‘image’ of the author in the context of the joint and shared creative efforts involved in creating а final music product. The text analyses these issues through the interpretive optics of Professor Will Straw, a contemporary Canadian researcher in the field of media studies. The presented reflections are based on his commentary on the ‘diffused’ image of the author in popular music in view of certain specific developments in the second half of the 20th century.

РИМСКАТА ИДЕЯ ЗА „ПЕРПЕТИУРАНЕ НА ЗАДЪЛЖЕНИЕТО“ И ПРОБЛЕМЪТ С ДОГОВОРНАТА ОТГОВОРНОСТ

Author(s): Riccardo Cardilli / Language(s): Bulgarian Issue: 1/2021

The perpetuatio obligationis is the result, in a terminology proper to the jurisprudence subsequent to the veteres, of a creative interpretation of the late-republican jurisprudence which will assume in the subsequent tradition the relevant qualification of constitution veteris. The terminological formulation may also have had a modernization in the writing of the Severian jurist Paul, but without altering its dogmatic meaning. It is an up-to-date expression of what was technically the effect of the constitutio veterum on the level of the claimant in the event of perishing of the thing object of the rem dare oportere for a cause attributable to the debtor. The veteres believed, that the persistence of actionability with condictio of the rem dare oportere was based precisely on the idea that rem dare oportere was perpetuated even though the due thing perished.

ИСТОРИЧЕСКО РАЗВИТИЕ НА НАЧИНИТЕ ЗА КОМПЕНСИРАНЕ

Author(s): Maria del Pilar Perez Alvarez / Language(s): Bulgarian Issue: 1/2021

In this paper, we undertake to study the legal nature of non-conventional set-off from Roman law to codification, examining the doctrinal positions adopted by glossators and commentators. We shall pay special attention to the deductio made by the bonorum emptor and the principles that guide bankruptcy proceedings and that justify the admission or non-admission of insolvency status in comparative law and in Spanish law.

ИЗВЪНРЕДНО ДОГОВОРНО ПРАВО ИЛИ КАК ДА УРЕДИМ ДОГОВОРНИТЕ ПРОБЛЕМИ ПО ВРЕМЕ НА ПАНДЕМИЯ

Author(s): Pascal Pichonnaz / Language(s): Bulgarian Issue: 1/2021

Despite the significant number of measures taken by the Swiss Federal Council (Government) in relation to the COVID-19 pandemic, problems regarding the economic balance between contracting parties have not been subject to specific interventions. The article points out that an individualistic approach, in particular through the rules of unforeseeability, is partly unsatisfactory in view of the systemic issues at stake and the risk that the burden of all additional individual actions represents for the judicial system as a whole. The author stresses the importance of a duty of renegotiation between the parties, based on the rules of good faith in business, the content of which must take into account a dynamic approach, inspired by historical experience. The article then suggests substantive and procedural rules for an extraordinary contract law to deal with systemic contractual imbalances. A relational approach to the contract, as well as a more solidarity-based conception of it, must lead to renegotiations and group settlements, which are relatively binding for the contracting parties, or even to solutions imposed by the authorities as a last resort.

EXTRADITION IN THE CRIMINAL PROCEDURAL LEGISLATION OF UKRAINE: COMPLIANCE WITH THE EUROPEAN STANDARDS

Author(s): Victoriia Rohalska,Oksana Bronevytska,Gediminas Bučiūnas / Language(s): English Issue: 1/2022

The importance of legal regulation of extradition in the system of legal aid in criminal proceedings is determined both by the national interests of states and the interests of international cooperation in combating transnational and international crimes. The objective of this paper was to get the answer to the main question of this research - Did the provisions of the law on extradition in Ukraine meet international standards? A set of general and special scientific, and philosophical methods of scientific research were used while preparing this article, to clarify the approaches to the extradition procedure of different countries and in practice. The results of the research suggested that the current criminal procedure legislation of Ukraine in the sphere of extradition generally meets European standards. Although, there are some gaps in the national legal regulation of extradition that may adversely affect the observance of the rights and freedoms of persons to whom it is applied.

МОРСКОТО ПИРАТСТВО КАТО МЕЖДУНАРОДНО ПРЕСТЪПЛЕНИЕ. РАЗГРАНИЧЕНИЕ ОТ СХОДНИ ПРЕСТЪПЛЕНИЯ ПО НАЦИОНАЛНОТО НАКАЗАТЕЛНО ПРАВО

Author(s): Iva Pushkarova / Language(s): Bulgarian Issue: 2/2021

The international crime of piracy often presents a number of complications related to its perpetration in various and continuous forms and together with other crimes and recognition of the applicable law. The paper outlines its general legal and criminological characteristics, provides criteria for its legal qualification and differentiation from robbery, maritime crimes, war crimes, terrorism and other crimes and some insights on its development as a criminal phenomenon.

Primjena UN doktrine „Odgovornost za pružanje zaštite“ i zločini nad Rohinja narodom u Mijanmaru

Author(s): Elvedin Mulagić / Language(s): Bosnian Issue: 2/2021

After the serious shortcomings of the mechanism of the UN system of response to frequent cases of serious threats and survival of human groups were identified at the end of the 20th century, the report “Responsibility to Provide Protection” was submitted in 2001 and incorporated into the UN system in order to improve the mechanism for responding to these threats. At the beginning of the 21st century, the Rohingya people of Myanmar faced systematic denial of basic human rights and decades of crime. The paper presents the attitude of the international community towards the denial of basic human rights and crimes against the Rohingya community in Myanmar. The elaboration of the mentioned relationship was made following the principle of the doctrine of responsibility for providing protection. We found that the international community did not apply the principles of responsibility for protection and did not take the necessary measures to protect and restore the basic human rights of the Rohingya, although there were reliable indications that crimes against humanity and other crimes had been committed against them for decades.

Библиография на българската правна литература за 2020 година

Author(s): Blagovesta Balkandzhieva / Language(s): Bulgarian Issue: 1/2022

ON JUST, JUSTICE AND DISTRIBUTIVE JUSTICE: A CRITICAL AND COMPARATIVE DISCOURSE

Author(s): Sooraj Kumar Maurya / Language(s): English Issue: 2/2022

Despite being endlessly debated, a unanimous impetus on the nature of just, justice, and distributive justice appears entirely untouched to the desirable scientific certainty so far. Aristotle asserts treating’ equals equally and un-equals unequally’ but in proportion to their relevant differences. John Rawls says 'justice as fairness.' To both Aristotle and John Rawls, justice meant for the good and a willingness to act by the laws to ensure the highest good of society. Antecedently, both agree that justice is a master imperative for good human relationships and coexistence. However, despite the universal agreement, they differ in many fundamental respects. Aristotle denies the outbound distribution of an individual's rights as only the head of the family has the right to free speech in the family. But, Rawls distributes each right to the individual level. The paper attempts to discuss the similarities and dissimilarities in Aristotle's and John Rawls'ideas of just, justice and distributive justice. It has been argued that the aim of both philosophers was the same, i.e., to find out a theory of justice through which unity, harmony, virtue, and happiness can be attained to the fullest in a nation.

FEDERAZIONE O FEDERALISMO

Author(s): Giovanni Lobrano / Language(s): Italian Issue: 2/2022

In a historical and dogmatic examination (unconventional and, therefore, subjectively risky but objectively necessary) the federal form of government (we use both the expression ‘form of government’ and the category ‘federal’ in their general meanings) shows, first of all, a relevant and possibly surprising characteristic, from which a number of other features are derived. This ‘characteristic’ is to be: not a ‘special’ form of government (which the late eighteenth-century neologism [1787] „federalism“ suggests), but ‘tout court’, the republican form of government, which is an alternative to the royal form of government; that is, as it was written in the middle of the Age of Enlightenment: the „only form of government which is an alternative to the power of only one“. Indeed, Montesquieu (EdL, 1748, 9.1; expressing, moreover, a shared thought) states: „It is, therefore, very probable that mankind would have been, at length, obliged to live constantly under the government of a single person, had they not contrived a kind of constitution that has all the internal advantages of a republican, together with the external force of a monarchical, government. I mean a federal republic“. It is difficult to find a better definition of the great Republic, i.e. the Roman imperial Republic: organized in cities (each with its own assembly of citizens: comitium) and groups of cities, the provinces (each with its own assembly of cities: concilium provinciale). We must resume both, scientific reflection and political initiative on the „federal republic“ as the only possible form of republic, whose model is the Roman imperial res publica.

INTERACTION BETWEEN ROME AND THE PROVINCES DURING THE LATE REPUBLIC AND THE PRINCIPATE

Author(s): Tihomir Rachev / Language(s): English Issue: 2/2022

The Roman empire established peace in the Mediterranean that lasted for several centuries. The Roman peace – Pax Romana, to which the imperial policy aspired during the era of the Principate, determined the reformation of the administrative structures of the Roman state. The accumulated experience from the era of the Republic was developed in the foundations of the imperial model of government and facilitated the establishment of peace and stability. The present article aims to make a brief overview of the interaction between Rome, the Italian territories and the provinces in the period of transition from the republican to the imperial model of government concerning the reforms carried out in the administrative apparatus of the state, in order to trace the basic lines of the imperial administrative policies in the beginning of the Principate.

PRAESES PROVINCIAE, RECTOR PROVINCIAE, PROCONSUL PROVINCIAE В ИМПЕРАТОРСКИТЕ КОНСТИТУЦИИ ОТ ТЕОДОСИЕВИЯ КОДЕКС

Author(s): Methodi Todorov / Language(s): Bulgarian Issue: 2/2022

The article analyses the use of the terms proconsul, praeses, rector to designate the provincial governor in the Codex Theodosianus; it points out the terminological continuity of the first two with their use in the previous era and establishes the classical origin of proconsul and praeses and the postclassical origin of the term rector as a designation of provincial governor. An analysis of the imperial constitutions in Theodosian Code reveals that it is the new term rector that has the highest frequency of use by the imperial office in 118 imperial constitutions, compared to proconsul in 102 imperial acts; the term praeses has the lowest frequency of use in Theodosian Code.

THE ROMAN ARMY AT THE NORTH OF THE DANUBE: AN IMPORTANT FACTOR IN THE ROMANIZATION OF DACIA

Author(s): Cristina Pop / Language(s): English Issue: 2/2022

The Roman army was one of the most effective institutions of Ancient Rome. The Eternal City conquered and globalized the world through its soldiers. Dacia, as a future province of Rome, was no exception to colonization, so Dacia capta est. Therefore, the Roman model was also implemented in this territory, the army contributing in a direct way to the colonization of the people from the North of the Danube.

HISTORY OF THE ORGANIZATION OF TARSATICA AND SENIA IN THE ROMAN AGE

Author(s): Željko Bartulović / Language(s): English Issue: 2/2022

The paper analyzes the history of the organization of Tarsatica, which in an earlier period had the status of a municipality, as well as preserved data on municipal officials, while in the second stage of its development it became a military center that defended the Italy from barbarian invasions. The second part of the paper analyzes the history of the organization of ancient Senia, which was an important traffic center and port, also in the status of a municipality, as well as preserved data on municipal officials. The authors analyze and compare different organizational and legal statuses of ancient settlements: oppidum, municipiums and colonies, as well as the structure of the population in them, which speaks of the degree of Romanization in the area of the eastern coast of the northern Adriatic.

БЪЛГАРСКИ ЛИЧНИ ДОКУМЕНТИ, ИЗДАВАНИ НА ЛИЦА С ПРЕДОСТАВЕНА МЕЖДУНАРОДНА И ВРЕМЕННА ЗАКРИЛА

Author(s): Tsvetomir Panchev / Language(s): Bulgarian Issue: 2/2022

Republic of Bulgaria shall provide international and temporary protection. To every foreigner that has been granted international protection shall be issued Bulgarian identity documents. International protection shall be provided by virtue of the Refugees relating to the Status Convention (made in Geneva on 28 July 1951) and the Protocol relating to the Status of Refugees of 1967 and other international acts on the protection of human rights. A foreigner with granted international protection shall have the right to reside on the territory of the Republic of Bulgaria for the period of validity of the Bulgarian personal documents, issued to him. He has the rights and the obligations of Bulgarian citizens with some exception. On the other hand, temporary protection shall be granted in case of mass refugees’ influx who are forced to leave their state of origin due to armed conflict, civil war, foreign aggression, violation of human rights or heavy violence in the territory of the respective state or in an individual region thereof, and who because of this cannot return there. Republic of Bulgaria issued a registration card to a foreigner, to whom temporary protection has been granted – for the period of protection. This article is an attempt to interpret the terms and the procedure for providing protection to foreigners on the territory of the Republic of Bulgaria, as well as their rights and obligations, including conditions of issuance and using Bulgarian personal documents. The author’s aim is to provide a legal different between International and temporary protection.

SCRUTINIZING ANTI-CORRUPTION INITIATIVES IN EUROPE: LESSONS TO LEARN FOR INDIA?

Author(s): Siddharth Kanojia,Shashi Bhushan Ojha,Muzaffar Hussain MIR / Language(s): English Issue: 2/2023

Many studies have concluded that corruption hinders economic expansion by threatening the viability of the public budget and reducing the capital available for infrastructure development and social welfare. Thereby cultivating social inequality and eroding trust in the state and institutions. In recent decades, the European Union (EU) and India have experienced multiple corruption cases, including bribery, embezzlement, and abuse of power. Consequently, some EU nations and India have attempted to implement legislations and frameworks to curtail corrupt practices. The impact of adopted approaches can be witnessed in the contrasting scores and ranks of both regions on the Corruption Perception Index. Therefore, considering the distinctiveness in the efficacy of the approaches adopted by both of these regions, this paper intends to explore the efficacy and limitations of anti-corruption initiatives and frameworks implemented in the EU region and, subsequently, recommend the adoption of a similar approach which may prove to be beneficial in addressing the pressing issues of political and bureaucratic corruption in India.