POSEBNE ISTRAŽNE RADNJE I NJIHOV ZNAČAJ U ISTRAŽIVANJU KRIVIČNIH DJELA

Author(s): Mirzo Selimić,Vjekoslav Vuković / Language(s): Bosnian Issue: 1/2015

Although it looks simple, the investigation of criminal offenses, in reality, is a labyrinth composed of a multitude procedures, barriers dilemmas and questions. The closeness of the object of research sometimes makes complex for consistently distinguishing criminalistics and criminal procedural law. Problems of form (criminal procedural law) and content (criminalistics) in many interferential issues are so intertwined that the strict differentiation would not only be difficult, but dangerous. Criminalistics must know the technical and tactical methods and means, because otherwise it's not criminalistics. In the contrary, it would look like to an almost unthinkable criminal practitioner who knows the general provision of the Criminal Code, but does not know his special part and conversely (Korajlić, 2012.). Investigation of crimes by the police is a criminal cognitive activity and it must present purposefully planned and organized succession of operational measures and activities and investigative actions aimed at finding, collecting and providing of the object of investigation.

Belarussian and Jewish Issues in the Political and Legal Thought of Polish Groups in Vilnius in the First Years of Independence – Selected Issues

Author(s): Przemysław Dąbrowski / Language(s): English Issue: 4/2020

The position of Polish groups of interwar Vilnius (in the first years of independence) on the issues presented in this article was varied. National Democracy did not regard Belarusians as an independent nation and denied them the right to an independent state. Democrats, on the other hand, were in favor of equal rights for all nations and granted Belarusians the right to their own culture and education. In a similar vein, the Democrats, along with Vilnius conservatives, also expressed their opinions on the Jewish question. Representatives of National Democracy found a lot of space for this issue in their statements. In the context of the dispute about Vilnius, it was emphasized that the Jews would opt for Lithuania and Vilnius’s membership of the Lithuanian state.

Penal Sanctions Applicable to a Slave Engaged in Banking Activities

Author(s): Piotr Niczyporuk / Language(s): English Issue: 4/2020

Gaius Suetonius in Vitae Galbae, as part of his Vita divi Augusti, described the case of a banker (nummularius) and the penal sanction applied to him by the later emperor Galba. The governor of the province of Hispania Tarraconensis ordered to cut off the hands of a banker who was unfairly changing money. In order to show even greater severity of the punishment, he ordered the cut off hands to be nailed to the table where the banker was performing the dishonest acts. Undoubtedly, nummularius punished by Galba conducted operations within mensa nummularia. The owners of the cantors used qualified people recruited from among the lower social strata, mainly slaves, to perform mint operations. The professional examination of the quality of a coin required a great deal of specialist work. The convict participated in the banking activity as a support technical personnel. The minting and testing operations ended with sealing the purse with tesserae nummulariae. Such specialized operations were not performed by Roman citizens. The content of tesserae nummulariae may be an indication that the testing operations were performed by slaves. Servi had actual knowledge of the contents of the controlled purses and the control process could be an opportunity for abuse or even punishable acts. The slave would therefore suffer a well-deserved and adequate punishment in the form of chopping off his hands and nailing them to the table at which he dishonestly carried out minting and testing activities.

ANTONI DĘBIŃSKI, POLITYKA USTAWODAWCZA CESARZY CHRZEŚCIJAŃSKICH W SPRAWACH RELIGIJNYCH

Author(s): Michał Lewandowski / Language(s): Polish Issue: 30/2020

Review of: Michał Lewandowski - ANTONI DĘBIŃSKI, POLITYKA USTAWODAWCZA CESARZY CHRZEŚCIJAŃSKICH W SPRAWACH RELIGIJNYCH, WYD. KUL, LUBLIN 2020, SS. 235

HUMAN RIGHTS. POLAND AND THE UN DECLARATIONS ON HUMAN RIGHTS

Author(s): Marcin Mamiński / Language(s): English Issue: 31/2020

Human rights are the foundation of democracy, a democratic society, freedom, justice and peace. Without human rights and awareness of their ownership, people cannot live in dignity. Human rights are the same for all of us, regardless of race, gender, religion, ethnicity, political or other beliefs, social origin, national origin, sexual orientation. There are cases in which human rights may be limited, but only in very specific situations, usually defined in international documents or constitutions of individual countries (e.g. due to the protection of certain values by the state, or due to threats such as war or public security). In 1948, Poland was one of the eight states that abstained from voting on the ratification of the Universal Declaration of Human Rights. Until the transformation of the political system between 1989–1992, the number of international conventions dealing with the issue of human rights, which the Polish state had not ratified, has increased. Along with the democratization of public life in Poland and the accession process to the European Union, successive governments have signed certain conventions, but many important documents remain unratified or unimplemented, including significant conventions regarding the status of stateless persons or related to cluster munitions. This presentation aims at indication of the relation of Polish legislation and basic legal acts to the UN Universal Declaration of Human Rights and subsequent conventions aimed at protecting those rights. On the basis of a short comparative analysis, I will try to indicate how important human rights are to Poland nowadays.

Judicial review in competition cases in Croatia: Winning and losing arguments before the High Administrative Court of the Republic of Croatia

Author(s): Dubravka Akšamović / Language(s): English Issue: 22/2020

The paper provides a systematic insight into judicial control of Croatian Competition Agency (CCA) decisions in Croatia. Its first part will explain how the applicable model of judicial control and CCA powers were changed over the years. The central part of the paper will be dedicated to the current model of judicial control of CCA decisions, to the powers of the High Administrative Court of Republic of Croatia (HACRC) and to the scope of judicial review in competition cases. In the last part of the paper, the author will present the results of a survey on the most successful and unsuccessful appeal arguments in competition cases before the HACRC in the five year period from 2015 until 2020. In its conclusion, the author will give a critical review of the quality and adequacy of the current model of judicial control in competition cases in Croatia, and will suggest changes that would, in the authors view, result in significant improvements.

Charakter prawny danin publicznych w polskim prawie podatkowym

Author(s): Michał Kuśmirski / Language(s): Polish Issue: 13/2021

The issue of the legal nature of the public tributes in terms of classifying them in the respect of formalsubstantive territory was raised in the article. The focus was put on taxes and fees as two main representatives of this public services group. The purpose of this study was to show the real character of some public tributes in the polish tax law. Thereupon this group of public services was discussed and then the tax and fee were addressed separately. Thanks to that their meaning, common features and differences were indicated. The valid indication of remuneration and its absence made the correct analysis and classification of the public tribute possible, it also allowed to address the issue of the incorrect nomenclature of these services and to indicate which of these are in fact fees and which them are more of a tax. Due to the research of the effective regulations of the tax law, in this study the dogmatic method was applied. In addition to that, the sociological and historical methods were also used.

Evolution of the Institution of Justices of the Peace in the United States

Author(s): Ewa Gmurzyńska / Language(s): English Issue: 1/2019

This article presents a history and development of the institution of justices of the peace in the United States from the beginning of formation of American democracy until modern times. It presents jurisdiction, the scope of the activities and the role of justices of the peace in several states through different periods of times. It includes a thorough discussion concerning pros and cons of justices of the peace in the U.S. legal system and general tendency of declining the institution of justices of the peace in modern times. The article includes also a discussion of the major court decisions concerning justices of the peace.

Cu privire la legislaţia elaborată de Comisia Centrală de la Focşani şi locul ei în consolidarea statului naţional român

Author(s): Radu Coroamă / Language(s): Romanian Issue: 3/1976

La première partie de l'ouvrage présente les prémisses qui ont permis la fondation de la Commission Centrale de Focşani et le rôle que celle-ci devait jouer dans la politique intérieure des Principautés Unies. On présente, en ce qui suit, les multiples causes qui ont détermié la diminution de l'importance de cette commission. Un autre objectif de l'ouvrage le constitue l'analyse des lois et des projets de lois élaborés pendant les trois sessions, par la Commission de Focşani. Ainsi, les plus importants aspects législatifs mis en discussion dans le cadre de la Commission ont été ceux liés à la Constitution, à la loi électorale, à la loi agraire, à la justice, à l'armée, à l'enseignement, aux finances et à l'administration. On analyse les réussites et les insuccès quant à la modification de la législation, de quelle manière chaque problème législatif a contribué à la consolidation de l'État national.

U SUSRET NOVOM KOMUNITARNOM UREĐENJU PREKOGRANIČNE OTMICE DJECE

Author(s): Anita Duraković,Ramajana Demirović / Language(s): Bosnian Issue: 26/2020

We are witnesses of an increasing number of cases of cross-border removal or retention of a child due to intensive cross-border migrations and unresolved legal relations between parents, on the one hand, and parents and children, on the other. The most important international instrument governing the cross-border removal or detention of a child is The 1980 Hague Convention on the Civil Aspects of International Abduction. The legal framework, which was introduced by it, was additionally strengthened by communitarian regulations: Council Regulation 2201/2003 and Council Regulation 2019/1111. The central part of the paper will be dedicated to Regulation 2019/1111, which, as a new legal instrument, pays special attention to the issue of cross-border removal or retention of a child. An understanding of this matter would not be complete without a brief review of the solutions of The 1980 Hague Convention and Council Regulation 2201/2003. The authors intend to acquaint the domestic public with the new legal instrument, because, when it comes to Bosnia and Herzegovina, in most cases of cross-border abduction or detention of child, these cases are related to a member state of the European Union. Also, knowledge and understanding of new communitarian solutions is extremely important in the context of Bosnia and Herzegovina’s international obligations arising from its commitment to become a member of the European Union.

OD NAČERTANIJA DO SLOBODANA MILOŠEVIĆA

Author(s): Hamza Memišević / Language(s): Bosnian Issue: 1/2021

Review of: Nevenka Tromp „Smrt u Hagu: Nezavršeno suđenje Slobodanu Miloševiću“ (University press – izdanja Magistrat, 2019). Review by: Hamza Memišević

TIJELO KAO DOKAZ PRED DUBROVAČKIM KAZNENIM SUDOM

Author(s): Mirza Hebib / Language(s): Bosnian Issue: 1/2021

Review of: N. Kovačić „Tijelo kao dokaz: Medicinska vještačenja u postupcima Kaznenog suda u Dubrovniku u 18. Stoljeću“, Hrvatska akademija znanosti i umjetnosti – Odjel za povijesne znanosti u Dubrovniku, Zagreb – Dubrovnik, 2020, str. 240. Review by: Mirza Hebib

DESUVERENIZACIJA I DETERITORIJALIZACIJA BOSNE I HERCEGOVINE

Author(s): Semir Halilović / Language(s): Bosnian Issue: 3/2020

ZAVNOBIH's principle that Bosnia and Herzegovina is "both Serbian, Croatian, and Muslim" experienced its penultimate, destructive phase through the constitutional principles of the Washington and Dayton Peace Accords. The principle of constitutivity in Bosnia and Herzegovina was, de facto, introduced through the ZAVNOBiH resolution, that is, de jure through the SFRY Constitution (1974), the Washington and Dayton Peace Agreements. It is an internal mechanism that makes Bosnia and Herzegovina a fragile, unfinished and self-destructive state. "Dayton Bosnia and Herzegovina" is the name most commonly used today in the Bosnian scientific research community to describe, at the same time, the project of the United States and regional political representatives, and to express the distance from "real" Bosnia and Herzegovina as it should be. The creation of Dayton reality did not embody contemporary socio-political needs, nor did it satisfy the historical or mythological desires of any of Bosnia and Herzegovina's three constituent ethnic groups. Constitutivity stops the development of the state and society, on the one hand, but also keeps the three constitutive ethnicities in mutual counterbalance, on the other hand. Just as during the Second World War, Bosnia and Herzegovina paid for its position in "Tito's" Yugoslavia by reducing its historical borders, denying the Bosniak nation and de-sovereignizing the country, so after the last aggression on Bosnia and Herzegovina, the territorial inauguration of the constituent ethnic groups was constitutionally inaugurated. As the next step backwards. The strengthening of ethnic society and their territorial units in Bosnia and Herzegovina leads to a process of deep de-sovereignization of the state and atomization of Bosnian society, and states without sovereignty, as a unity of power, i.e. without a compact society, can hardly survive.

ALGORITHMS AND FUNDAMENTAL RIGHTS: THE CASE OF AUTOMATED ONLINE FILTERS

Author(s): Matija Damjan / Language(s): English Issue: Supp. 1/2021

The information that we see on the internet is increasingly tailored by automated ranking and filtering algorithms used by online platforms, which significantly interfere with the exercise of fundamental rights online, particularly the freedom of expression and information. The EU’s regulation of the internet prohibits general monitoring obligations. The paper first analyses the CJEU’s case law which has long resisted attempts to require internet intermediaries to use automated software filters to remove infringing user uploads. This is followed by an analysis of article 17 of the Directive on Copyright in the Digital Single Market, which effectively requires online platforms to use automated filtering to ensure the unavailability of unauthorized copyrighted content. The Commission’s guidance and the AG’s opinion in the annulment action are discussed. The conclusion is that the regulation of the filtering algorithms themselves will be necessary to prevent private censorship and protect fundamental rights online.

Uchwały izby poselskiej a działalność legislacyjna sejmu — przykład 1615 roku

Author(s): Karol Łopatecki / Language(s): Polish Issue: 2/2021

The article discusses the legislative output of the Sejm of 1615. There is a common opinion in reference to the seventeenth century that the constitution was a concordant conclusion of the three parliamentary estates combined with a promulgation. However, the conducted analysis reveals that despite the lack of agreement to the conclusion of the 1615 Sejm, it adopted normative acts: both at the beginning and at the end of the parliamentary proceedings. In addition, a new type of law sources has been characterised, i.e. resolutions of the Chamber of Deputies, which at that time were equal in rank to Sejm constitutions.

Fenomen hazardu („hazardziku”) ulicznego w Drugiej Rzeczypospolitej. Casus województwa wileńskiego

Author(s): Mateusz Rodak / Language(s): Polish Issue: 2/2021

In October 1927, a presidential decree entered into force that regulated the treatment rules of gambling addicts. It was the first evidence of a change in thinking about those who could not cope with addiction. In practice, the new regulations did not change much; nevertheless, the problem that had been ridiculed until then slowly became an element of discourse, also a medical one. In fear of the uncontrolled development of institutions offering the opportunity to participate in strictly gambling entertainment (lotteries, races, bookmakers’ bets, casinos, etc.), a lottery monopoly was introduced at the dawn of the Second Republic of Poland. Horse racing was also nationalised. At the same time, however, together with state legal forms of gambling, the gambling underground was operating in interwar Poland, both the ‘exclusive’ (roulette parlours) and the plebeian one. The article deals with the latter.

Damaschin Bojincă – Legal Scholar and Translator in Pre-Modern Romanian Culture

Author(s): Alina Bruckner / Language(s): English Issue: 3/2021

The figure of Damaschin Bojincă is linked to the activity of the Transylvanian School, even though he spent most of his life in Moldavia as a jurisconsult. Benefitting from the culturally effervescent period at the turn of the 19th century, from a varied education in several fields and in a European context, as well as from the direct contact with European prominent scholars and intellectuals, Damaschin Bojincă is known in the specialty literature as a historian, linguist, legal scholar and translator. However, all these fields of activity revolve around the ideology of the Transylvanian School, that of creating a national identity and an educated Romanian readership. The purpose of this paper is to present the personality of Damaschin Bojincă and the manner in which these goals were achieved both in his historical writings, where he acted in fact as translator, as well as in his active position as jurisconsult and professor of law in Moldavia.

Kinga Stasiak, Wojciech Szczepan Staszewski, Anna Szarek-Zwijacz (red.), Prawo międzynarodowe publiczne. Studia i Materiały. Tom II, Towarzystwo Naukowe Katolickiego Uniwersytetu Lubelskiego Jana Pawła II, Lublin 2019

Author(s): Marian Banach / Language(s): Polish Issue: 33 (1)/2021

SUVREMENA RECEPCIJA CICERONOVE PRIRODNOPRAVNE POSTAVKE O VRHOVNOSTI DOBROBITI I SPASA NARODA U KONTEKSTU IZVANREDNIH STANJA AKTUALIZIRANIH PANDEMIJOM COVID-19

Author(s): Tomislav Nedić / Language(s): Croatian Issue: 03/2021

The work offers an interpretive analysis and reception of Cicero’s claim about the imperative supremacy of welfare and salvation of the people (salus populi suprema lex esto), made in the third book of Cicero’s Laws. This statement is only a piece of the “puzzle” of Cicero’s reflections on government laws, largely focused on the reparation and survival of the Roman Republic, the historical context of which displays many adversities afflicting its integrity. First of all, it is necessary to offer an interpretive overview of Cicero’s claim about the supremacy of welfare and salvation of the people and the Republic in the historical context of the Roman political and legal circumstances, in order to gain a complete insight into the reception of the claim, especially in legal doctrine and practice. The actuality of Cicero’s claim in the form of constitutional provisions (Articles 16, 17 and 101 of the Constitution of the Republic of Croatia) on states of emergency and crisis has particular relevance against the backdrop of the COVID-19 pandemic, but also for some new controversies, as demonstrated by the case study of recent decisions taken by the Constitutional Court of the Republic of Croatia.

Kontinuitet pravnog poretka u Bosni i Hercegovini nakon 1878.godine

Author(s): Sead Bandžović / Language(s): Bosnian Issue: 87-88/2021

Article XXV of Berlin Treaty from 1878 allowed Austro-Hungarian Empire to occupy Bosnia and Herzegovina. Due to its cultural, religious and other specifities Bosnia and Herzegovina was positioned as special administrative entity in the Empire (corpus separatum) which was governed together by Austria and Hungary. When it comes to the Bosnian legal system a continuity between previous Ottoman and Austro-Hungarian government was established keeping most of the legal institutes from Ottoman written and Bosnian custom law especially in civil law area. The new government dealed with complex legal sistem in Bosnia and Herzegovina which consisted of Sharia law, Ottoman Tanzimat law, regulations of religious minorities (millets), consular and custom law. The main princip was respecting and implementation of existing law until the promulgation of new ones. In praxis that led to various situations. In some legal fileds previous law was kept and in other new regulations were passed and even directly implemented in occupied land such as Austrian Civil Code (ABGB). With this politic it was ment to keep the existing legal sistem and to gradually modernise Bosnia and Herzegovina bringing it from Ottoman oriental legal sphere to the Contitental European.