Турският наказателен закон – опит за създаване на модерно законодателство

Author(s): Neli Radeva / Language(s): Bulgarian Issue: 1/2021

During the 19th century, Ottoman law was influenced by the West. The Tanzimat reforms marked the beginning of criminal codification in the Ottoman Empire, whose Penal Code was adopted in 1858.It was modern in terms of format and content, and it differed from the penal laws of 1840 and 1851. Its first article stated that it shall not repeal the provisions of Sharia law. This dual nature of the code caused a lot of confusion. The complete replacement of Sharia law with modern European law did not happen suddenly, but gradually. This was necessary for the government to embrace the new ideas and understandings of the modern societies at that time. Therefore, the attempts of the Ottoman authorities to modernize the Empire’s laws,particularly the ONK, cannot be denied.

SANCTIONING REQUESTS OF PUBLIC ADMINISTRATION ENTITIES

Author(s): Jovita Einikienė / Language(s): English Issue: 1/2023

The sanctioning of requests by public administration authorities in administrative proceedings is the least analysed, debated and completely unstructured institute of administrative law. The sanctioning of actions of public administration entities is closely related to the administrative supervision of the activities of economic operators, which helps to ensure the harmonisation of the individual economic operators and economic sectors, as well as of public health, environmental protection, and other constitutional values. Administrative supervision and other control by public administration is defined in the academic literature as a public administration activity in which a public administration entity monitors the compliance of the behaviour of its subordinates with legal norms, and, in the event of non-compliance, responds with the measures for the correction or punishment of behaviour. Despite the importance of administrative supervision and the impact it has on economic operators, we do not find any mention of sanctioning requests from public administration authorities in either the Law on Administrative Proceedings or the Law on Public Administration. The article presents the variety of requests for sanction submitted by public administration entities to the administrative court, possible classifications of applications submitted to the court and peculiarities of individual types of requests. The article also presents an analysis of the statistical data on the last few years of the examination of applications for sanctioning of public administration authorities before the Vilnius Regional Administrative Court, which has exclusive competence for the examination of these applications, the diversity of this type of applications (administrative cases), the main procedural peculiarities and problems of the examination of administrative cases of this type in the court, and provides insights and recommendations.

Accesul în funcția publică la nivel european - Marea Britanie, Austria, Italia

Author(s): Ruxandra Dinu / Language(s): Romanian Issue: 2/2022

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.

The role of the Prime Minister in leading and coordinating Ministries and Central Public Administration

Author(s): Silviu-Gabriel Barbu,Elena Emilia Ştefan / Language(s): English Issue: Suppl/2022

The Government is a central public authority with a fundamental role in the functioning of the rule of law. Together with the President, the Government represents the executive power of the state. Even if the formation of the Government is in the first instance the result of political agreements, it moves away from the political component and focuses on the administrative component, after the investiture, to implement the political government program. This study analyzes the way in which, according to the constitutional and legal provisions, the Government, by means of the Prime Minister leads and coordinates the activity of the ministries and of the central public administration in achieving the double role, namely political and administrative, in order to observe if the current legislative framework needs to be improved.

Protecția victimelor criminalității în România

Author(s): Aura Preda / Language(s): Romanian Issue: 6/2022

Although relatively recently included and recognized among the elements of the object -study of criminology, the "victim" has managed to draw attention and direct extensive studies to issues related to information, material support, housing, counseling, in a word its protection that today we talk about special laws for the protection of victims, on disciplines such as Victimology, on national victimology societies, on public authorities and NGOs specialized in the protection of different types of victims etc. Also, in our country, too, have been made more efforts to protect victims of crime, especially after the adoption of Directive 2012/29/EU, which we are trying to focus on here.

Categoria „delict” în răspunderea penală și administrativă

Author(s): O.I. Yushchyk,P.I. Krayniy / Language(s): Romanian Issue: 1/2022

The article deals with the problem of introducing a criminal offense into national legislation. The authors analyzes the category of „misdemeanor” in criminal and administrative liability. Adaptation of Ukrainian legislation to EU legislation, Ukraine's aspiration to become a democratic state governed by the rule of law requires particular adjustments in the legal system and, accordingly, administrative and criminal law as its constituent. It is of fundamental importance to implement reforming of administrative and criminal legislation on the basis of principles of the Constitution of Ukraine with a comprehensive approach to reforming other areas of legislation (for instance, civil, labour, financial, etc.). It is necessary to forecast dynamics of administrative and criminal law development, interconnected with the gradual changes in the advancement of society.

Kapelan więzienny: osoba godna zaufania czy wykonująca zawód zaufania publicznego? Rozważania na tle wykonawstwa kary

Author(s): Jerzy Nikołajew / Language(s): Polish Issue: 40 (4)/2022

The prison chaplain is an institution unknown to the provisions of the Executive Penal Code but it does appear in implementing rules issued on the basis of this act. It should also be noted that prison chaplains may be appointed by convicts as their representatives who are persons worthy of public trust (Art. 42(1)). On the other hand, legal scholars and commentators and also decisions of courts, especially of the Constitutional Tribunal, do not treat prison chaplains as persons of public trust. In addition, this subject matter may also accommodate persons who are not clergymen; this applies in particular to those religious associations in which the religious doctrine does not stipulate clerics. It also worth emphasizing that prison chaplains who are clergymen de facto perform a profession of public trust, although they do not meet all requirements of this category of persons. However, this does not change the fact that the public may participate in the execution of a solitary confinement sentence and in the implementation of social re-adaptation tasks by representatives of churches and other religious associations with unregulated legal status, even when they are treated only as trustworthy persons. The aim of this study is to answer the question asked in the title by taking into account provisions of state law and also internal law of religious associations. The problem carries exploratory value and also implies consequences for the practice of applying the law.

Zawód zaufania publicznego z perspektywy zawodów medycznych – rozważania terminologiczno-definicyjne

Author(s): Iwona Wrześniewska-Wal / Language(s): Polish Issue: 40 (4)/2022

The article presents an attempt to systematize medical professions, their grouping and role in the health care system. The research uses methods of logical and linguistic analysis and of interpretation of administrative law acts, with particular emphasis on the regulations on people providing health services. It has been shown that the lack of a clear definition of the medical profession makes it difficult to assess the increasingly broader competences of individual medical professions and them taking over some responsibilities and to establish boundaries between professions. I present basic issues that refer to regulated, free and independent professions. The analysis is carried out from the point of view of protection of security, of reservation of public security points and of an analysis of checkpoints from the point of view of health protection.

Uwe Wesel, Wozu Latein, wenn man gesund ist? Ein Bildungsbericht, C.H. Beck, München 2022

Author(s): Maciej Jońca / Language(s): Polish Issue: 40 (4)/2022

Rola i siła argumentów z prawa w oświeceniowym dyskursie sejmowym (na podstawie mów Kazimierza Nestora Sapiehy)

Author(s): Marzena Gonera / Language(s): Polish Issue: 13/2022

The article discusses: the meaning, form, function and the effectiveness of legal argumentation in the Enlightenment parliamentary discourse on the basis of selected speeches by Kazimierz Nestor Sapieha, an experienced MP and Marshal of the Lithuanian Confederation of the Four-Year Sejm. On the basis of the rhetorical analysis of the oration, it was proved that the use of legal argumentation is one of the typical rhetorical strategies, but its effectiveness varied depending on the communicative circumstances, the subject of the session, the speaker’s skills and the expectations of the audience. Partial inefficiency of this type of argumentation is compensated by its elaborate form: subtle but easy to read by the audience allusion, a quotation from the Sejm’s constitutions and their periphrasis, and sententia presenting the essence and meaning of law in social, political and moral life. The study proves that this technique prevails in Sapieha’s advisory speeches, who skill fully combines it with other types of reasoning, for instance: arguments based on parallels, tradition and definition, eristic techniques: from authority, communicatio, subiectio, ad personam, ad populum, thanks to which its persuasive and manipulative strength is increased.

ЗАКОН О СЕСТРИНСТВУ – НАСУШНА ПОТРЕБА ЗАНЕМАРЕНЕ ОБЛАСТИ НЕДРЖАВНЕ УПРАВЕ У РЕПУБЛИЦИ СРБИЈИ

Author(s): Vasilije Marković,Adela Lukač / Language(s): Serbian Issue: 2/2022

In the paper, the authors strongly advocate for the (final) adoption of the Law on Nursing, since such a lex specialis could end the spontaneous development of the career of nurses, but also numerous other open questions and problems that burden this part of the functionally decentralized non-state public administration in the Republic Serbia. This position will be supported in the work by reasons of theoretical, comparative-legal, international-legal, but also of a practical nature. The theoretical basis for passing a special law that would regulate the content and method of action, standards of education and advancement, competences and control mechanisms can be found in the old understanding that the special status of officials, especially in autonomous services, requires a separate law for each decentralized service. Also, in the paper, the authors will examine the level of compliance of the Law on Regulated Professions and Recognition of Professional Qualifications with EU Directive no. 2013/55 in the part related to the education and competencies of nurses, and to consider the possibility of possible addition through the provisions of a special act that would concern nurses. Furthermore, the paper will highlight the advantages of drafting a special law in those countries, primarily in the region, that opted for such an approach. Finally, but by no means the least important, since they were the direct reason for choosing the topic, the paper will present the most important practical reasons, from the daily life of nurses, especially after the experience of the pandemic, which speak in favor of the need to pass a special law. Normative recognition of the specificity of the status and needs of nurses, as special health workers, would undoubtedly contribute to the improvement of the functioning of the entire health system, as an indispensable part of non-state public administration in the Republic of Serbia.

ПРЕТПОСТАВКА НЕВИНОСТИ У МЕЂУНАРОДНОМ ПРАВУ И ПРАВУ БОСНЕ И ХЕРЦЕГОВИНЕ

Author(s): Miodrag N. Simović,Vladimir M. Simović / Language(s): Serbian Issue: 2/2022

The position (rights and freedom) of man in modern society is guaranteed by a number of standards contained in universal and regional international documents that were adopted within the framework of the United Nations Organization and the Council of Europe. The standards contained in these documents are being implemented in the domestic constitutional legal system, as well as in the criminal procedural legislation of Bosnia and Herzegovina. Within the framework of these standards which guarantee the position of a man in society, and especially before the criminal justice authorities, those that acquire the character of procedural principles are of great importance. These principles are largely established by domestic constitutional norms. Among procedural principles, that have a decisive significance for the position of the suspect or the accused person in criminal proceedings, there is the presumption of innocence. Namely, everyone shall be considered innocent of a committed criminal offense until it is different determined by a final court decision. This assumption contributes to the equality of the suspect or the accused person with the prosecutor, the prohibition of their stigmatization and transfer of the burden of proof to the prosecutor. The paper analyzes the concept, role and effect of the presumption of innocence in international and domestic law of BiH. In their research, the authors find support in the case law of the European Court of Human Rights and the Constitutional Court of Bosnia and Herzegovina.

Consideraţii cu privire la natura juridică a actelor pe care le emit Oficiul Naţional al Registrului Comerţului (O.N.R.C.) şi oficiile judeţene, precum şi la unele aspecte ale procedurii de contestare a acestora, potrivit Legii nr. 265/2022

Author(s): Titus Prescure / Language(s): Romanian Issue: 01/2023

The objective of the research carried out was to analyze and highlight the legal nature and the specifics of the documents that the National Office of the Trade Register (N.O.T.R.) can issue, as a public institution, including its county offices, as they are regulated by the new law on the trade register, law that repealed Law no. 26/1990. Also, some of the specific aspects of the procedure for contesting and canceling the legal deeds issued by the officials of the N.O.T.R.

Conflicting Rules in Matters Relating to Maintenance Obligations where the Connecting Factor is the Will of the Parties under Articles 7 and 8 of the Hague Protocol of 23 November 2007 on the Law Applicable to Maintenance Obligations

Author(s): Nadia-Cerasela Aniţei / Language(s): English Issue: 3-4/2022

Article 2.612 of the Civil Code provides: "The law applicable to the maintenance obligation shall be determined in accordance with the rules of European Union law." The law governing the maintenance obligation is found in the European regulations (European Commission, 2008). Romania has concluded Conventions (e.g. the Convention between Romania and the Kingdom of Belgium on the recognition and enforcement of judgments in matters relating to maintenance obligations) and Legal Assistance Treaties (Government of Romania, 1999; International Act, 1995; Parliament of Romania, 1995; 1997). The legal framework for the application in Romania of European Union regulations and various instruments of private international law in the field of maintenance obligations is Law No 36/2012 on certain measures necessary for the implementation of certain regulations and decisions of the Council of the European Union (2009) and instruments of private international law in the field of maintenance obligations (Parliament of Romania, 2012). Among the European regulations in this field, we have proposed to dedicate our study to the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations. The Protocol comprises two categories of rules which differ in the nature of the point of connection: - The first category is made up of rules which provide an objective location of the obligatory relationship (Art. 3 - Art. 6); - The second category consists of rules whose point of connection is the will of the parties (Art. 7 to Art. 8). This article is devoted to the presentation of the law applicable to maintenance obligations in the case of conflicting rules whose point of connection is the will of the parties as provided for in Articles 7 and 8 of the Hague Protocol of 23 November 2007 on the law applicable to maintenance obligations.

General Management Components Involved in the Management of Financial Audit and Control

Author(s): Florina-Maria Tăvală / Language(s): English Issue: 3-4/2022

The efficient functioning of organizations cannot be achieved without ensuring the correct use of the public orprivate funds that are at their disposal, in accordance with the objectives which they have set for themselves. Managers have the task of managing the funds in accordance with the legislation in force, as well as taking measures in order to prevent, sanction or recover any damage caused by financial irregularities or by the failure to achieve the objectives for which they were allocated.A basic concept in the theory and practice of modern management is represented by responsibility. To fulfill hisresponsibility/responsibilities, the manager needs a system of guidance, self-regulation or coercion, and that system is represented by control. Control, and in particular the financial audit and control, contributes to the evaluation of the programs performance, to the planning of activities and to a good management of resources. The successful accomplishment of these tasks cannot be accomplished outside of management science and the reverberations it entails.The role and importance of the financial audit and control in management, imposes, as it is shown in this approach, theneed for a management of this activity, which would have its own structural elements, with specific relationships between them, and also with the system in which it evolves.The financial audit and control management, as a segment of management, must be defined starting from the generalmanagement. That is why, in this paper, I tried to approach, as a personal contribution, the management and financial audit in terms of general components (Management Science, Scientific Management, Management Processes, Management Relations, Management Principles, Management as a synthetic economic discipline) and in terms of the components of the organization's Management system (Information system, Decision system, Organizational system, Methodological system). The study that took place revealed a series of predictable influences such as: the need to create some computerized infrastructures, to create some horizontal information networks that would allow the efficient use of knowledge, increasing the role of management by objectives coupled with management through budgets, elaborating complex analysis and evaluation methodologies.

Administrative Developments in Moldova Between Prut and Dniester, Between Russification and Europeanization

Author(s): Ana-Maria Ambrosă / Language(s): English Issue: 30/2022

Occupied by Tsarist Russia in 1812, returned to the Romanian national state in 1918 and then transformed into a Soviet republic (1940-41 and 1944-1991), the region between Prut and Dniester evolved administratively along two contradictory models: one authoritarian centralist, the other democratic and decentralizing. The imprint of a century and a half of Russian rule has remained disturbingly visible in the post-Soviet period, blocking the process of modernization of Moldovan society and keeping the Moldovan state in a precarious functional situation.

Service Offenses of the Public Servant

Author(s): Cosmin-Vasile Ambrosă / Language(s): English Issue: 30/2022

The state power is carried out only by a separate or special category of person who has been empowered in order to implement pubic policies and implicitly the implement of public power. By the public nature of their function, civil servants are often exposed to the risk of corruption. Unfortunately, not everyone is able to resist the temptation.

System komunikacji zewnętrznej jako element kontroli zarządczej – partycypacja i komunikowanie w jednostkach samorządu terytorialnego

Author(s): Beata Tubek / Language(s): Polish Issue: 8/2022

The aim of the article is to present the role of one of the elements of this framework management control „information and communication” which is the basis for participatory management in the public sector. Communication processes are an important and fundamental element of participation, and consequently, communication tools belong to participatory public management instruments. The study uses methods of analysis of acts of applicable law, standards, sources, documents, recommendations and guidelines of the Minister of Finance in the area of implementation of management control, the results of which are the outcomes of the use of methods of induction and descriptive deduction. The result is a confirmation of the usefulness and importance of „information and communication” and their flow in the management control system as an important element of social participation in public finance sector units.

Romania and the Eurozone – Nominal Convergence Criteria

Author(s): Iuliana Marina Malanca,Moise Cîndea / Language(s): English Issue: 30/2022

The aim of this paper is to analyze the extent to which our country meets the nominal convergence criteria according to the latest Convergence Report issued by the ECB (European Central Bank) in June 2022. The research is predominantly conceptual, also containing elements of empirical testing. The data used to analyze the extent to which our country fullfills the convergence criteria was mainly extracted from the Convergence Report issued by the European Central Bank in June 2022. The nominal convergence criteria are mentioned in the Maastricht Treaty and detailed in a protocol attached to it. The aim of the criteria is to ensure a sustainable process of nominal convergence regarding the evolution of prices, the exchange rates and long-term interest rates, as well as the budget deficit and public debt. We would like to mention that, for an exhaustive analysis of a country's accession to the Eurozone, analyzing the nominal convergence criteria is not sufficient for determining whether a country is ready to adopt the euroor not. Such an analysis should take into account at least the following three elements: the fulfillment of the nominal and real convergence criteria, the fullfillment of the optimality criteria, as well as the costs versus benefits analysis. However, in this article we will focus exclusively on the extent to which Romania fullfills the nominal convergence criteria.

Процесуальні форми захисту права на підприємництво в адміністративних судах: проблематика наукового підходу

Author(s): Vasyl Rіabchenko / Language(s): Ukrainian Issue: 161/2023

The topicality is due to the active development of the system of administrative proceedings and at the same time the need to take into account the specifics of the mentioned cases (increased requirements for the promptness of the case review; the accuracy of the definition of individual elements of procedural forms; the need for the administrative court to apply special knowledge in the field of economics). The purpose of the article is to reveal a scientific approach to the development of procedural forms of protection of the right to entrepreneurship in administrative courts, to determine, on the basis of this, the vectors of further development of procedural forms of protection of the specified right. Achieving the outlined goal became possible thanks to the use of a complex of methods of both general scientific and specifically legal nature. Thus, with the use of the formal-dogmatic method, the content of the applied concepts and categories was clarified, including such concepts as "proceedings", "administrative proceedings", "procedural form". The dialectical method made it possible to take into account the general principles of the development of the administrative justice system. On the basis of the combination of this method and the method of synthesis, the current problems of the studied procedural forms are summarized. These and other research methods are applied taking into account the requirements of scientific objectivity. The problem of the ratio of the ratio of the specific procedures for consideration of certain categories of administrative cases and the general forms of legal proceedings is revealed from the standpoint of the dichotomy of the legal nature of the activity of the administrative court (declarative and interventional). Accordingly, the contentiousness of the issue regarding the possibility of calling such specific procedures procedural forms of review and resolution by the administrative court of the considered category of cases was determined. Based on the results of the research, conclusions were formulated and recommendations were made regarding the development of a generalized concept of "procedural form", which would combine the common features of general legal proceedings and simplified legal proceedings in this category of cases. This will make it possible to conduct a further study of the specified common features using a single legal construction.