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Result 4821-4840 of 6143
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ІСТОРІЯ ТА ПЕРСПЕКТИВИ ЗБЕРЕЖЕННЯ СТАТУСУ УКРАЇНИ ЯК ЯДЕРНОЇ ДЕРЖАВИ: ІСТОРИЧНИЙ ТА ДЖЕРЕЛОЗНАВЧИЙ АСПЕКТИ

Author(s): Inna Pilipenko,Anna Banzeruk,Alexander Zlenko / Language(s): Ukrainian Issue: 2/2020

The purpose of the article is to answer an historically important question that is relevant in modern Ukrainian society - was it possible to maintain the status of a nuclear state for Ukraine? Find out the possible prospects for maintaining the status of Ukraine as a nuclear state, having studied the historical and source study aspects of the problem. Materials and methods. The regulatory framework of the study is the statement of the Verkhovna Rada of Ukraine “On the Nuclear-Free Status of Ukraine”, The Law of Ukraine “On Ukraine’s Accession to the Treaty on the Non-Proliferation of Nuclear Weapons of July 1, 1968” dated November 16, 1994, and the Memorandum on Security Guarantees in Connection with Ukraine’s Accession to the Treaty on the Non-Proliferation of Nuclear Weapons of November 5, 1994 and others. The study uses methods of fundamental analysis, synthesis, comparison, generalization. Scientific novelty. The main aspects of the nuclear disarmament of Ukraine are investigated. The possibility of an alternative to its nuclear disarmament is being examined, as well as the voluntary renunciation of Ukraine’s nuclear potential is being analyzed. Conclusions. In society and among “young” politicians, the view is spread about the fallacy of denuclearization. The then internal and external problems of Ukraine do not seem very critical now. The leaders of Ukraine in the 1990s consider nuclear disarmament inevitable and agree to recognize only tactical miscalculations. The theoretical possibility of holding and developing nuclear weapons in Ukraine should be recognized as highly probable. Economic and potential allowed this. But foreign policy pressure, primarily from the United States, made this impossible. The Ukrainian leadership was not able to realize all the chances that history provided us, and it was more profitable to convert the renunciation of nuclear weapons into economic and political benefits.

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ZEMLJIŠNOKNJIŽNA REFORMA U REPUBLICI SRPSKOJ I NJENE POSLJEDICE

ZEMLJIŠNOKNJIŽNA REFORMA U REPUBLICI SRPSKOJ I NJENE POSLJEDICE

Author(s): Faruk Đozić / Language(s): Bosnian Issue: 9/2020

Zakonom o premjeru i katastru u entitetu Republika Srpska uvedenje sistem evidentiranja nekretnina i prava na njima kroz tzv. Jedinstvenu evidenciju nekretnina. Historijski gledano, sistem jedinstvene evidencije nekretnina nije novina u našem pravnom podneblju. Zakon o premjeru i katastru Republike Srpske iz 2011. godine predstavlja kontinuitet u namjeri entitetskog zakonodavca da nastavi sa pravnim naslijeđem bivše SFRJ i zakonska rješenja iz oblasti zemljišno-knjižnog prava u entitetu Republika Srpska približi sa zakonskim rješenjima Republike Srbije kao pravnom sljedniku SFRJ. Rješenje, predviđeno zakonom, da teret uspostavljanja katastra nekretnina i vođenja evidencije o pravima na njima ustupi organu uprave ostavlja mogućnost i za zloupotrebu, posebno u pogledu imovinskih prava povratnika, izbjeglih i raseljenih lica koji iz objektivnih razloga nisu u mogućnosti da aktivno učestvuju u postupku uspostave jedinstvene evidencije nekretnina. Ograničavajući pravo na sudsko odlučivanje o pravima na nekretninama u postupku uspostavljanja jedinstvenog katastra nekretnina suprotno je međunarodnim normama o pravu na imovinu kao nepovredivom ljudskom pravu. Zakon o premjeru i katastru Republike Srpske zapravo predstavlja nastavak realizacije ciljeva Deklaracije o proglašenju Republike srpskog naroda Bosne i Hercegovine i da pravno zaokruži proces etničkog čišćenja nesrba i genocida nad Bošnjacima.

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Dobrotovorni rad u islamskoj jurisprudenciji

Dobrotovorni rad u islamskoj jurisprudenciji

Author(s): Senad Ćeman / Language(s): Bosnian Issue: 13/2020

Islamic teaching defines charity work as an act motivated by devotion to God when such devotion is based on voluntariness and to gain God’s reward. Charitable work is basically not obligatory; even if it does not seem to appear as such, it bears no responsibility. Charitable work in Islam has generated over time numerous governmental and non-governmental institutions through which individuals have helped society in an institutionalized and organized manner, and which has been a partner of the state in the field of education, health, recreation, etc. In its broad opus, Islamic jurisprudence has given a significant place to the topic of charity work.

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RAZVOJ USTAVNOSTI RUMUNIJE

RAZVOJ USTAVNOSTI RUMUNIJE

Author(s): Tarik Durmišević / Language(s): Bosnian Issue: 1/2019

Romania used to establish its institutions in the principality tradition. The first constitutional rule dates back to the 1830s, when during the short Russian rule, Russia granted identical status to the Principalities Walachia and Moldavia. The statutes envisioned the division of power, a prince to be elected by a special state, more precisely the boyar assembly, and the existence of a regular and elected boyar assembly. In time, a Romanian national program was formed, which called for the unification of the two principals under a foreign monarch, with the autonomous representative government. The last Romanian constitution was passed in 1991. It is still in force with the 2003 amendments necessary for Euro-Atlantic integration. The Constitution envisions the return to a democratic system with a general right of vote and a two-house assembly. The political system is a semi-presidential.

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The Polish Civil Status Registration System – the Longue Durée of the Prussian Idea

The Polish Civil Status Registration System – the Longue Durée of the Prussian Idea

Author(s): Hadrian Ciechanowski / Language(s): English Issue: 2/2020

In the article, the author writes about his conception of the longue durée of the civil status registration system in Poland. Its modern history began in 1874 while the Prussian administration established State and secular registry office at the territory of the West Prussia. The basic principles of the civil registration system are its secular state character, the corpus of information gathered about citizens and its connection with the lowest level of local administration. The most surprising and unknown is that they have not been changed by communist and even after 1990 in free Poland until today. The Prussian model of registration has survived two wars and several changes in the political system and statehood as well as the digital revolution. The article is based on legislation, historical and administrative literature and archival holdings. During the research, the author used historical methods, first of all, bibliographic and comparison methods.

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„Podczas wojny przebywał w łódzkim getcie”. Portret architekta Ignacego Gutmana

„Podczas wojny przebywał w łódzkim getcie”. Portret architekta Ignacego Gutmana

Author(s): Joanna Król / Language(s): Polish Issue: 16/2020

The paper presents Ignacy Gutman (1900–1972), engineer, architect, author of numerous designs of residential houses and public buildings in Łódź. Gutman survived five years of World War II in the Łódź ghetto. He was head of the Construction Department. He drew the first plan of the ghetto and designed the banknotes that were used in the ghetto. After the war, he was a witness in the trial of Hans Biebow, who was the German administrator of the ghetto. In 1947, he was denounced and charged with crimes against the Jewish population, which he vehemently denied. His biography has been reconstructed on the basis of trial testimonies, emigration documents, the Gutman family archive, and oral history interviews.

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Magnus Brechtken, Władysław Bułhak und Jürgen Zarusky (Hrsg.): Political and Transitional Justice in Germany, Poland and the Soviet Union from the  1930s to the 1950s

Magnus Brechtken, Władysław Bułhak und Jürgen Zarusky (Hrsg.): Political and Transitional Justice in Germany, Poland and the Soviet Union from the 1930s to the 1950s

Author(s): Agne Cepinskyte / Language(s): English Issue: 4/2020

Review of: Agne Cepinskyte - Political and Transitional Justice in Germany, Poland and the Soviet Union from the 1930s to the 1950s. Hrsg. von Magnus Brechtken, Władysław Bułhak und Jürgen Zarusky. Wallstein Verlag. Göttingen 2019. 336 S. ISBN 978-3-8353-3561-5. (€ 39,10.)

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Prohlášení České biskupské konference, Ekumenické rady církví v ČR a Federace židovských obcí v ČR ke zdanění církevních restitucí

Prohlášení České biskupské konference, Ekumenické rady církví v ČR a Federace židovských obcí v ČR ke zdanění církevních restitucí

Author(s): Dominik Duka,Daniel Ženatý,Petr Papoušek / Language(s): Czech Issue: 74/2019

Tento týden si s velkou úctou připomínáme 70 let od přijetí Všeobecné deklarace lidských práv Valným shromážděním OSN. V Článku 17 se zde výslovně praví, že každý má právo vlastnit majetek a nikdo nesmí být svévolně svého majetku zbaven. Oba totalitní režimy, jak nacistický, tak komunistický, tento základní postulát flagrantně a brutálně porušovaly.

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Předmoderní utopické myšlení o státu a právu – mohou být utopičtí myslitelé od starověku do konce 18. století měřítkem kvality existujícího právního řádu?

Předmoderní utopické myšlení o státu a právu – mohou být utopičtí myslitelé od starověku do konce 18. století měřítkem kvality existujícího právního řádu?

Author(s): Radim Seltenreich / Language(s): Czech Issue: 76/2019

The author deals with the issue of pre-modern utopian thinking about the state and law in his article. In connection with this, we are first introduced to the basic contours of Plato’s view of these questions, because his work inspires the following thinkers. Among them, the author emphasizes St. Augustine, as well as, of course, St. Thomas More and Tommaso Campanella. Finally, attention is also paid to the thinkers of the French enlightenment, among who Etienne-Gabriel Morelly and Gabriel Bonnot de Mably stand out. In general, the author notes that the works of these writers emphasize the totalitarian character of their ideal state in which private property is banned and family law is strictly regulated. Nevertheless, the author believes that partial aspects of their thinking may be beneficial to development of modern law.

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Pliny the Younger and Christians: An Attempt at Evaluation

Pliny the Younger and Christians: An Attempt at Evaluation

Author(s): Maciej Jońca / Language(s): English Issue: 78/2020

The famous letter of Pliny the Younger concerning Bithynian Christians was widely commented by the lawyers, historians, theologians etc. Many generations of researchers tried to justify the conduct of Pliny and the later reaction of Trajan to it. From the legal point of view everything seemed to be fine. As a Roman governor Pliny was obliged to take any steps to retain the public order in his province. Yet, no one dared to ask whether he had to appeal to such drastic methods. It seems that he had not to. His conduct in relation to the Bithynian Christians destroys prevalent image of Pliny as a well-educated humanist and sensitive aesthete. The whole story puts in quite bad light also his superior – the emperor Trajan.

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Andrea Padovani: Quadri da una esposizione canonistica (dalle origini al 1917)

Andrea Padovani: Quadri da una esposizione canonistica (dalle origini al 1917)

Author(s): Miroslav Černý / Language(s): Czech Issue: 79/2020

Review of: Miroslav Černý - Andrea Padovani: Quadri da una esposizione canonistica (dalle origini al 1917); Marcianum Press, Venezia, 2019, 144 s., ISBN 978-88-6512-621-9.

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Jezuité v soukolí čínského práva

Jezuité v soukolí čínského práva

Author(s): Michal Tomášek / Language(s): Czech Issue: 81/2020

While the first wave of Christianization in China in the 13th and 14th century is associated with the Franciscan order, the Jesuits were the pillars of its second wave from the 16th to 18th century. The activities of the Jesuits in China can be described as the most massive and significant presence of Europeans and European culture until then. The fact that some of them were active long after the ban on Christianity by the Chinese emperor in 1724 and the ban on Jesuit order by the pope in 1773 is undoubtedly an indisputable proof of the importance of the Jesuits in China. The last of them acted in Beijing until 1813. The reasons for the success of the Jesuits in comparison with the failure of other Europeans to establish themselves in China can be summarized in two points. First, they learned the Chinese language and Chinese culture and were able to deal with the Chinese at the appropriate intellectual level. They convinced sceptical officials that Christianity had a long tradition in China and that to respect Christianity is in the spirit of the Confucian principle of reverence for ancestors.

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Historický vývoj kanonizačného práva – od staroveku po reformy pápeža Urbana VIII.

Historický vývoj kanonizačného práva – od staroveku po reformy pápeža Urbana VIII.

Author(s): Vojtech Vladár / Language(s): Slovak Issue: 77/2019

Like other canon law branches, canonization law has its own special history too, the beginnings of which can be found in antiquity, in this case in ancient cult of early Christian martyrs. Since then, not only theology, but also norms of particular law, which dominated the area to the High Middle Ages, have gradually formed. Only in this period, Pope Alexander III reserved the power of canonization of saints for the Bishops of Rome, as the power belonged to diocesan bishops until that time. However, his regulation was enforced only gradually in practice. Supervisory powers of the Apostolic See in processes of beatification and canonization can be considered generally accepted only after successful reforms of Pope Urban VIII. The main aim of this study is to point out the history and the most important impulses of development of canonization law from ancient times until the above-mentioned reforms of Urban VIII that in many respects predetermined further development of this branch of law.

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Anti-Usury Doctrine and Evolution of Agency

Anti-Usury Doctrine and Evolution of Agency

Author(s): Aleš Borkovec / Language(s): English Issue: 80/2020

Thomas Aquinas is generally known as an opponent of usury, which means any interest on a loan (i.e. any payment over the principal capital). The doctrine created by Aquinas can be called anti-usury doctrine. In medieval economic and legal reality, other legal institutes, instead of the mutuum, had been applied for using things (real estate, chattels) without the transfer of their ownership – rent (locatio conductio rei), borrowing (commodatum) and leniency (precarium). In addition, the effects of the anti-usury (and anti-debt) doctrines caused the rise of the institute of agency. In symbiosis with the development of agency, there were (regulated) markets as a tool to combat crime and create legal certainty for which the institute of agency was important; and markets were important for the proper function of agency.

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Katechismus římsko-katolického církevního práva (Nad jednou právní památkou)

Katechismus římsko-katolického církevního práva (Nad jednou právní památkou)

Author(s): Antonín Ignác Hrdina / Language(s): Czech Issue: 80/2020

In his article, the author focuses on the legal handbook of the former bishop of Paderborn Konrad Martin “Catechism of Roman Catholic Church Law” (1875). Bishop Martin defends (in the middle of Bismarck’s Germany) the thesis about the inalienable right of the church to its own unrestricted activity without the intervention of state authorities. His conciliatory view of the relationship of the Catholic Church to religious societies separated from it was rather rare at the time.

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Consent to probation in England and Wales: How it was abolished, and why it matters
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Consent to probation in England and Wales: How it was abolished, and why it matters

Author(s): Peter Raynor / Language(s): English Issue: 3/2014

Much of probation theory and probation training in Britain during the 1980s emphasised the importance of ‘contracts’ or negotiated agreements between probation officers, probationers and the sentencing Court – for example, joint decision-making was central to the influential ‘non-treatment paradigm’ and its variants. However, the legal requirement of consent to a probation order was abolished in 1997, partly because it was seen as diminishing the authority of the Court. This article discusses the arguments and attitudes that lay behind abolition, and considers how far the absence of formal consent should be seen as making a difference in practice. Recent studies of supervision skills, therapeutic alliance, compliance with probation, sentencer involvement in supervision, and the role of individual choice in desistance from offending all point to the continuing importance of co-operation and joint ownership of the supervision agenda. Although these can exist in the absence of a formal requirement for consent, they have greater support and legitimacy when such a requirement is present. Finally, the article explores how official thinking and political gestures lead to decisions that are detached from the realities of practice, and discusses some of the current dangers that arise from this.

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French Post Custody Law (2000-2009): From Equitable Trial to the Religion of Control
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French Post Custody Law (2000-2009): From Equitable Trial to the Religion of Control

Author(s): Martine Herzog-Evans / Language(s): English Issue: 2/2009

French post custody law (sentence execution law) has been through a host of reforms over the last decade. Originally this legal field was rather empirical, with only a moderate participation of the Judiciary. In 2000 and 2004 two Bills were passed which significantly improved the procedure and granted the Juge and the Tribunal de l’application des peines (known as Jap and Tap) the status of a regular Court of law. 9/11 then had a radical effect on criminal policies. It started affecting post custody in 2005. From then on ‘tough on crime’ Bills were to be passed. They created ‘safety measures’, marginalized the Jap and the Tap, and defined several categories of ‘monsters’ or recidivists who were to be neutralised.

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MARRIAGE ACROSS BOUNDARIES: MIXED MARRIAGES AT THE SUPREME SHARIA COURT IN HABSBURG BOSNIA AND HERZEGOVINA

MARRIAGE ACROSS BOUNDARIES: MIXED MARRIAGES AT THE SUPREME SHARIA COURT IN HABSBURG BOSNIA AND HERZEGOVINA

Author(s): Ninja Bumann / Language(s): English Issue: 19/2020

The article examines the regulation and negotiation of mixed marriages, that is marriages between persons of different religions, at Sharia courts in Bosnia and Herzegovina under Austro-Hungarian rule. Based on the analysis of documents from the Supreme Sharia court, an appeal body installed by the new Habsburg administration in 1879, this article investigates how the limitation of the competence of Sharia courts led to misunderstandings and disputes regarding the solemnization of mixed marriages. The text illustrates that mixed couples did not only transcend religious boundaries but also crossed institutional and legal, as well as social, constraints. In general, Sharia courts were banned from registering mixed marriages, which often led to strategic conversions or concubinage. While the state authorities increasingly regulated conversions and, thus, not everyone was allowed to adopt Islam, also mixed couples living in concubinage often faced legal problems around the religious affiliation and the legal custody of their children born out of wedlock. In 1912, however, the legal situation changed when a specific regulation by the Provincial Government allowed for the solemnization of mixed marriages by a kadi. However, as will be demonstrated in the article, this did not directly lead to a greater acceptance of mixed marriages by society.

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PRAEFECTIO IN FILIUM IN HEREDEM MASCULINUM – PRILOG PROUČAVANJU ŽENSKOG NASLJEDNOG PRAVA

PRAEFECTIO IN FILIUM IN HEREDEM MASCULINUM – PRILOG PROUČAVANJU ŽENSKOG NASLJEDNOG PRAVA

Author(s): Mirela Krešić,Marijana Križančić / Language(s): Croatian Issue: 2/2020

The authors analyse the nobility’s rights of inheritance comprised in the Tripartitum and valid for the Hungarian-Croatian Kingdom. For the process of inheritance, it was relevant whether the property to be inherited was hereditary property (bona hereditaria) or acquired property (bona acquisita). Furthermore, it was important whether the property was acquired by the charter of enfeoffment (royal donation) as well as what the gender of a potential heir was. This was due to different limitations with regard to the exercise of rights of inheritance by a female offspring, particularly concerning the inheritance of landed property. In particular, rules of prefection are analysed. The prefection was a legal instrument stipulating that in case of the extinction of the male line, the estate of the nobleman could be inherited by the daughter who was “promoted” to a son by a royal privilege. This was an example of the so-called special inheritance right and was seen as an institution damaging the interests of collateral branches. When it was introduced, the prefection was contrary to the customary inheritance law but was, nevertheless, applied in practice providing the possibility of keeping the property within the (nuclear) family by the female line and excluding the collateral branches of family.

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CONDITIONAL DISCONTINUANCE OF CRIMINAL PROCEEDINGS IN THE POLISH LEGAL SYSTEM – THE FIFTY YEARS OF EXPERIENCE AND THE ASSESSMENT OF PROSPECTS FOR FURTHER DEVELOPMENT

CONDITIONAL DISCONTINUANCE OF CRIMINAL PROCEEDINGS IN THE POLISH LEGAL SYSTEM – THE FIFTY YEARS OF EXPERIENCE AND THE ASSESSMENT OF PROSPECTS FOR FURTHER DEVELOPMENT

Author(s): Hanna Paluszkiewicz,Katarzyna Dudka / Language(s): English Issue: 2/2020

This analysis addresses the issue of conditional discontinuance of criminal proceedings in the Polish legal system. The deliberations concern the normative nature of this measure of penal response, its hybrid legal regulation and its evolution during the period of 50 years of its operation. The analysis takes into account current trends in the Polish criminal procedure and the position of conditional discontinuance as a criminal policy instrument in view of the increase in the relevance of consensual forms of criminal procedure. It primarily addresses the procedural regulation of conditional discontinuance contained in the Polish Criminal Procedure Code. The Polish experience in the use of conditional discontinuance as a criminal policy instrument against perpetrators of minor social harmfulness, non-demoralised, with positive prediction shows that the institution has proved itself and should be used more broadly in the practice of the judiciary. The prospects for increasing the use of conditional discontinuance as an effective, due to the modern substantive and procedural penal legislation, measure of combating crime have been discussed.

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