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UPRAVNO-PRAVNI OBLICI KONTROLE I NADZORA ZATVORSKIH USTANOVA U BOSNI I HERCEGOVINI

Author(s): Kenan Kapo / Language(s): Bosnian,Croatian,Serbian Issue: 1-2/2016

Reason(s) for writing and research problem(s): Control work involves evaluating results. Consequently, the work of administrative bodies can be assessed two important aspects of the work. One is the law and the other expediency. The paper analyzes the administrative and legal forms of control and supervision of detention facilities in Bosnia and Herzegovina. Aims of the paper (scientific and/or social): The scientific contribution of the paper is to show the importance of administrative and legal control and supervision of detention facilities in Bosnia and Herzegovina. So it can assess whether they are in the performance of the administration complied with the Constitution and laws, but also can make and score as much as in the performance of these tasks accomplished by the general interest. The social objective of this study was to refer to the importance of complying with the procedures administrative and legal control and supervision in order to provide better development of the organization of detention facilities. Methodology/Design: The paper will be used different methods in order to meet the basic methodological requirements, such as objectivity, universality, reliability and thoroughness. As for the method of data collection, which includes the classification and processing of the data and conclusions based on them, was used to analyze the documents. Research/paper limitations: Presentation of the problem is limited to the presentation of the administrative and legal forms of control and supervision of detention facilities in Bosnia and Herzegovina. Results/Findings: It turned out that the control and supervision imply: control over the work of the institution, acting in terms of human rights, administrative inspection and control of the application of regulations, the legal definition of control in the work of the penal institutions in the Federation, supervision by the Federal Ministry of Justice and the views of the Independent Commission for monitoring conditions stay in prisons, treatment and respect of human rights of persons subjected to criminal sanctions, and presenting the role of the institution of Ombudsman for human rights. General conclusion: Administrative law is the constant companion of everyday life of people and therefore it is important that the work of the state administration to be legitimate, efficient, transparent and controlled. It can therefore be concluded that the administrative and legal control and supervision of detention facilities in Bosnia and Herzegovina one of the key factors for quality functioning of detention facilities.

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The right to file a complaint by environmental organisations in administrative court proceedings as an example of the Europeanisation of national legal systems.

Author(s): Zuzanna Helena Stawińska / Language(s): English Issue: 12/2020

In this study, the author attempts to raise the issue of Europeanisation of national procedural law as exemplified by the right to file a complaint by environmental organizations in administrative court proceedings under Polish and German law. The process of Europeanisation takes place in all areas of national law, also in the absence of a clear competence for the European Union to establish a specific type of legislation. The right to file a complaint by environmental organisations is objective in nature. The implementation of EU regulations in German law resulted from the necessity to introduce a completely different model of the right to file a complaint than the right that has already been in force, i.e. the subjective right. The Polish legislator also had to reshape the form of the right to file a complaint by environmental organisations, which, in essence, differs significantly from the form of the right of social organisation, despite classification of environmental organisations into a group of social organisations.

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Robot rights: Where science ends and fiction starts

Author(s): Anna Wodecka / Language(s): English Issue: 12/2020

Artificial intelligence (AI), thanks to pop culture, is widely identified with robots or humanoid machines that take control over humans. Even though we might be feared of the new technology or the questionable social and ethical issues that arise from it, AI is developing rapidly which makes it a priority in the cognitive economy. Consequently, processes or services performed without any help from humans can no longer be considered as a part of the distant future. According to public opinion research from last year, conducted for IBM by NMS Market Research, 92% of Poles have heard of AI and 8 out of 10 expect it to be used more broadly. Efficient legislation can ensure the correct and regulated development of new technologies whilst inefficient legislation or the complete lack thereof can halt and even completely cease further research, or make the usage of AI significantly difficult in both social life and the economy. This paper is an attempt at placing national legislation concerning AI in the context of the legislation of the EU and other countries. I will attempt to answer the question of whether it is possible to introduce into legislation a technology whose usage and full potential are yet unknown. Is AI, in terms of the law, a scientific fantasy or can it be regulated? I have analysed soft law on which some general regulations and future law recommendations are based. Currently, AI is only restricted by single provisions as there are no regulations that can be used in a complex manner in the area of new technology.

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Modele polityki turystycznej jako stymulator rozwoju sektora turystycznego

Author(s): Paweł Staszak / Language(s): Polish Issue: 4/1/2018

In the last years of the 20thand first of 21st century, many reports and other elaborations were published indicating that tourism is not only one of the largest areas of the global economy, but also a special determinant of modernity and a measure of living standards. Its proper development requires the coordination of many activities carried out in various sectors of the economy, which is possible only when the development takes place in a planned way. Countries and reception areas in which tourism has been allowed to develop in a spontaneous way experience many problems: social, economic, ecological, cultural etc. Therefore, currently the vast majority of countries conduct their own tourism policy, although its objectives, scope, forms and instruments of implementation can differ significantly. The aim of the study is to analyze selected models of tourism planning and tourism policy taking into account the recently observed phenomenon of globalizationand decentralization. The research method includes the analysis of the literatures subject and the own conclusions formulated on its basis.

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Wspólnoty lokalne w kształtowaniu procesów rewitalizacyjnych

Author(s): Marta Szaja,Magdalena Ślebocka / Language(s): Polish Issue: 4/1/2018

The main goal of the paper is to present the significance of social participation in revitalization process in urban areas. On the basis of the available literature and source documents of the city of Łódź, the paper discusses the basic financial sources of financing revitalization projects and the social challenges that local authorities face when trying to resuscitate degraded areas.

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Rola samorządu terytorialnego w procesie kształtowania produktu turystycznego na przykładzie miasta Gdyni

Author(s): Marzena Wanagos,Izabela Grajek-Czabajska / Language(s): Polish Issue: 4/1/2018

The main task of the territorial self-government is to manage resources positively. The management process includes both the creation of specific goods and services, but also their proper use. The presented study is an attempt to initiate a discussion on the problems of tourist product management (understood as an offer of a given local government unit) and aims to indicate the role of local self-government in this area. The subject of consideration are the tasks of self-government units undertaken for the development of a tourist product. The aim of the study was to identify, analyze and evaluate the activities of local self-government bodies. The city of Gdynia is presented as an example. Against the background of legal aspects and possibilities of territorial self-government tasks related to the development of the tourist, activities in this area were presented in the city of Gdynia and were evaluated by the tourist industry conducting its activity in this city. All field studies planned for implementation fell on 2018. The tests were carried out using the diagnostic survey method. An interview with an employee of the Gdynia city office and a survey with representatives of the tourist industry was carried out – 67 entities presented their opinion on the activities undertaken by the local government. The results of the research were subjected to statistical analysis and then conclusions were drawn. The research shows that industry representatives highly appreciate the involvement of authorities in the development of entrepreneurship and the support of enterprises. This also affects the development of tourism enterprises. However, direct tourism support is assessed low. The activities undertaken are occasional and do not take advantage of the city’s potential. Tourism is not the main direction of development in the city’s policy.

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Przychody zwrotne i ich przeznaczenie w JST województwa zachodniopomorskiego w latach 2014–2017

Author(s): Jolanta Włodarek / Language(s): Polish Issue: 4/1/2018

Self-government units, which have carried out investment projects with the share of European Union funds, were forced to provide part of the investment financing on their own. Generally, this financing signified that self-governments have incurred debt obligations. The aim of the article is to assess the use of refundable revenues by self-government units based on the example of the West Pomeranian Province in the period of 2014–2017.

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OSSERVAZIONI SULLA ‘RUPTIO TESTAMENTI’ E SULLA RILEVANZA DELLA VOLONTÀ TESTAMENTARIA IN DIRITTO ROMANO

Author(s): Roberta Marini / Language(s): Italian Issue: 2/2020

The relevance which, in the different legal orders, is recognised to the testamentary autonomy is a matter of policy of law. If the nowadays civil law recognises a full possibility to revoke testamentary provisions – based on the strong recognition of the testamentary autonomy as deriving from the ‘sovereign’ value of the human will – the Roman law model of the ruptio testamenti provides interesting elements for further considerations. Within the ius civile, the testamentum seems to be connected to a strong idea of typicality which does not seem to be so easily possible to be overcome by a subsequent will of the testator however expressed.

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THE MARITIME CODE IN ROMAN, BYZANTINE LAW AND THE LAW OF SLAVIC PEOPLE

Author(s): Marija Ignjatović,Aleksandar Đorđević / Language(s): English Issue: 2/2020

In the area of the maritime law in the period between the year 600 and 800, the law Nomos Rhodion nautikos was passed, the maritime law which during the following centuries was a part of the Byzantine legislation, through the assignations of the Basilica, more precisely as the eighth title of the LIII book. The maritime law Nomos Rhodion nautikos, was most likely passed during the reign of Lav III, on the passing from the VII to the VIII century, before the Basilica was passed. Even though the text of the law was based on the principles and rules of the Roman law, it represented an individual and original legislative work in which a number of digressions from Roman naval law took place, and which regulated this area of law in the way which met the needs of the society in the period when it was made. The Nomos Rhodion nautikos code contained forty-seven articles which regulate different issues from the area of the naval law. By the assignations of this law what was regulated is the following: the legal status of the ship crew, the contract on the transport of goods, the contract on the ship lease, the naval ship-lease deposit, the shipman’s accountability, damage, shipwreck, saving and helping at sea, paying the shipcrew and giving certain rewards to the saviours of the ship and the shipload in the course of accidents at sea, etc. The maritime law also contained the penalty regulations, which by its content corresponded the solutions from the Byzantine law of the VII and VIII century. The maritime law held a particular importance for the naval and legal regulations of the medieval towns, because under their influence the by-law regulations of the medieval naval towns of the Western Mediterrranean were created, into whose hands the naval trade was passed after 1204. The relation between the Byzantine law which represented the continuance of the Roman law and medieval towns in the region of the previous western part of the Roman Empire, could also be recognized in the area of the trading law, and particularly in the area of the maritime law.

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IL FONDAMENTO NOMOCANONICO ROMANO DELLE FUNZIONI ETNARCHICHE PATRIARCALI

Author(s): Giorgio Barone Adesi / Language(s): Italian Issue: 2/2020

In the thematic context of the Fifth International Conference of the Balkan Association of Roman Law and Roman Law Tradition "Societas pro iure romano" I would like to make some observations on the impact exercised by Roman law in the elaboration of the canonical order of the ecclesia catholica. The following annotations address the genesis of the patriarchal institution, to reveal its original Roman legislative concept. Moreover, the identity of the patriarchal function today constitutes a question not entirely unrelated to the conflicting opinions, found in Orthodox circles, regarding the recent proclamation of Ukrainian autocephaly.

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ANTE ROMAC – DRAGOMIR STOJČEVIĆ AND THE FOUNDATION OF YUGOSLAV ROMANISTICS

Author(s): Nebojsa Randjelovic,Sara Mitic / Language(s): English Issue: 2/2020

Ante Romac and Dragomir Stojčević, one a professor at the University of Zagreb and the other a professor at the University of Belgrade, have left a mark on a time period with their work, and implanted their opus into the foundations of romanistics on Yugoslav territory. Their scholarly opus was big, and their cooperation fruitful. With all the greatness of their opus, it is worth particularly highlighting their joint work on a collection of rules and sentences of the Roman law in Latin Dicta et regulae iuris and the famous monograph by professor Romac Dictionary of Roman Law. By means of a specific scholarly approach with explanations and a specific methodology of presenting and defining the institute of Roman law, these books have become a classic of Yugoslav romanistics.

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OFFICIUM, MUNUS, HONOR: РИМСКОПРАВНИ ПРЕЦЕДШЕСТВЕНИЦИ НА ТЕРМИНА ЗА СЛУЖИТЕЛ И НЯКОИ ДРУГИ АДМИНИСТРАТИВНОПРАВНИ КАТЕГОРИИ

Author(s): Elena Quintana Orive / Language(s): Bulgarian Issue: 2/2020

The article examines some terms such as officium, munus, honor, used in roman legal and literary sources and which correspond broadly with its own terms of modern administrative law such as public function, public office or employment or competence.

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DIOCLETIAN’S REFORMS OF STATE ADMINISTRATION AND CORRUPTION LIVE TODAY?

Author(s): Milica Zhupljanic / Language(s): English Issue: 2/2020

One of the main areas of Diocletian’s reforms was the state administration. His interventions, made in the administrative mechanism, were so far-reaching and fundamental that there is almost nothing left from the old system. Diocletian's measures were aimed to strengthen the authority of the Emperor and to made states governance more centralized. Inevitably, those changes have resulted in the increased bureaucracy and also in the enormous enlargement in the number of civil servants. When entering the service civil servants take an oath, and they were also obligated to pay a certain sum of money to their superiors. In all those facts mentioned one should find the roots for bribery and corruption. In order to get to the position of civil servant, which has been appreciated and which provided certain privileges, one did not hesitated from giving money and other valuables. Attempts to stop the bribery and corruption with espionage and mutual denunciation were quite unsuccessful, as even the abuse of the secret police. The aim of Diocletian and his central government, which consisted in building well-organized administrative machinery, which would be able to manage all affairs of the state, was not met. Bribery and corruption are the main reasons for the failure of this well-conceived system. However, we should not forget that time in which Diocletian lived certainly require new ways of governance.

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ПЪТИЩА НА (ДИС)КОНТИНУИТЕТА ОТ РИМСКОТО ПРАВО ДО ЕВРОПЕЙСКОТО ПРАВО

Author(s): Felice Mercoliano / Language(s): Bulgarian Issue: 2/2020

The article is a review of Gianni Santucci's book "Roman law and European rights. Continuity and discontinuity in legal figures "(Diritto romano e diritti europei. Continuità e discontinuità nelle figure giuridiche), published by Il Mulino Editore in Bologna in 2010. It presents the main chapters of the study dedicated to an in-depth and unconventional analysis of some significant institutions and their transition to European legal systems. The author not only follows the main ideas and arguments of Santucci, but also presents his views on the topic, following other authors in the footnotes. From this point of view, the review is important not only in view of the presentation of Santucci's book, but also in provoking interest in this kind of research on European law.

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Participation of tenants and the quality of management services of communal apartments

Author(s): Michał Dziadkiewicz,Paweł Cichowski / Language(s): English Issue: 2/2018

The article is devoted to the participation of tenants in the management of communal dwellings of local selfgovernment units. The article highlights the impact of this participation on the quality of management of municipal housing. The share of tenants in management was presented on the basis of solutions adopted by the manager of the housing stock of the Municipality of the City of Częstochowa – ZGM TBS Sp. z o.o. with regard to recovery procedures. The results of the study carried out by this Company in terms of that procedure are also discussed herein, taking into account the causes of the debt. The article also elaborates on the issue of public tasks resting on municipalities together with an indication of the legal acts on the basis of which these tasks were imposed on municipalities. The forms in which the implementation of public tasks is acceptable, and in particular tasks of satisfying the housing needs of the local community, are also presented here.

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PRELIMINARY CHAMBER – EVOLUTION OR INVOLUTION IN THE ROMANIAN CRIMINAL PROCEDURE

Author(s): Ramona Mihaela Coman / Language(s): English Issue: 2/2014

This paper deals with two aspects referring to the procedure of the preliminary chamber, which could raise questions about the right to a fair trial guaranteed by Article 6 of the European Convention on Human Rights: is the judge of the preliminary chamber compatible to judge the case on the merits, does the exclusively written and non-contradictory procedure respect the guarantee of the fair trial? The analysis of the two issues was made by comparing it with the Italian system, where our legislator inspired from.

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Ustrój samorządny (autonomiczny) województwa śląskiego w praktyce interpelacji poselskich w Sejmie Śląskim

Author(s): Andrzej Drogoń / Language(s): Polish Issue: 13/2020

On the basis of the Constitutional Act of 15th July 1920, which guaranteed the Silesian Voivodeship extensive self-governing rights, known in practice as the autonomy, a number of interesting constitutional solutions arose that had been previously absent from the Polish constitutional systems. Their practice initiated implementation of instruments characteristic of a constitutional state, determining the scale of democratic systems. One of such instruments was a parliamentary question.

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Публична лекция на съдия Атанаска Дишева, член на Висшия съдебен съвет, пред студенти по право на тема: „Ролята на прокурора в административния процес“

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 3/2020

The public lecture is dedicated to the issue of the prosecutor’s supervision on the activities of the administrative bodies within the principle of separation of powers and the principle of rule of law. It provides the opportunity to make more specific the scope of the prosecutor’s function on ensuring the legal order.

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Nowy program na rzecz konsumentów – Poprawa odporności konsumentów na potrzeby trwałej odbudowy

Author(s): Filip Wiaderek / Language(s): Polish Issue: 7/2020

The paper provides a shortcut of the ‘New Consumer Agenda – strengthening consumer resilience for sustainable recovery’ that is enshrined in the EC Communicate from 13 November 2020. The programme constitutes an outline of goals, which the European Commission plans to achieve between 2020 and 2025 that were divided into five priority areas: (1) the green transition; (2) the digital transformation; (3) redress and enforcement of consumer rights; (4) specific needs of certain consumer groups and, (5) international cooperation. The burden of proper implementation of the solutions outlined in the Agenda, especially with regard to green transition, is to a large extent contingent on consumers. Promoting and enhancing grassroots actions is thus intended to bring most efficient and stable effects. An additional aspect of the programme is to provide effective measures of keeping high level of consumer protection in the COVID-19 reality and afterwards. The challenges that need to be met revolve around the impact that the pandemic had on the travel and tourism sector, online commerce and social consumption patterns, with regard to the increased waste production in particular. The shortcut of the Agenda enshrined in this paper concentrates on the initiatives, which the Commission intends to take up in the upcoming years, from the perspective of the declared goals of the programme.

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Niezgodność wyrobu budowlanego z deklaracją właściwości użytkowych jako praktyka wprowadzająca w błąd co do właściwości produktu – uwagi na tle decyzji Prezesa UOKiK z dnia 4 października 2019 r. (DOZiK-6/2019)

Author(s): Aleksandra Wędrychowska-Karpińska / Language(s): Polish Issue: 7/2020

The article discusses the decision of the Polish competition and consumer protection authority (Prezes UOKiK) of 4 October 2019 (DOZiK-6/2019) regarding the unfair commercial practice of marketing certain construction products (XPS foam boards) that do not have declared performance characteristics. The way the decision was argued shows when Prezes UOKiK, as the horizontal competition and consumer protection authority, intervenes in cases which are, or have been, dealt with in parallel by sectorial regulators (such as the building supervision inspectors, whether provincial or the Chief Building Supervision Inspector), using public documents collected by them. The article discusses how to construe the term ‘unfair commercial practice’ where certain technical or professional information given by an undertaking about its product’s performance is false. The article also considers the penalties applied in the regulator’s decision of 4 October 2019 in the context of the need to remove the continuing effects of the unfair commercial practice.

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