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THE SITUATION OF THE REFUGEE MINOR – BETWEEN LAW AND REALITY

Author(s): Roxana Topor / Language(s): Romanian Issue: 34/2023

The topic of refugee minors in Romania involves a nuanced analysis from both a legal and social perspective. Legally, these minors' rights are protected in accordance with national legislation and international standards. However, challenges exist in the effective implementation of these rights, and the social integration process can be difficult due to linguistic, cultural barriers, and stigmatization. A scientific approach entails a detailed examination of legislation, jurisprudence, and institutional practices to identify solutions and improvements in protecting and facilitating the integration of these young individuals into Romanian society.

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РЕЦИДИВЪТ В РИМСКОТО НАКАЗАТЕЛНО ПРАВО

Author(s): Mariagrazia Rizzi / Language(s): Bulgarian Issue: 1/2023

It has long been doubted whether the Romans knew the notion that we call recidivism in modern terminology, for which the Latin language lacks a nomen. However, the sources attest cases of aggravation of the punishment for those who repeat the same offence after a previous sentence or a coercive sanction. It is difficult therefore to deny the existence of the ‘thing’ that in the Roman legal system is closely related to the forms of procedure. It will be the jurists, especially in the Severan age, to identify the structural elements of the figure and the ratio for the harsher punitive treatment of the recidivist. The tendency in the Late Imperial age to consider that of recidivist a real subjective condition opens the way to the subsequent developments of modern criminal legal science.

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PRAECEPTA IURIS, IUSTITIA И DELICTA

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 1/2023

The article discusses the praecepta iuris, which are identified often as a principles of Roman law, and the concept of justice. They are presented in the most general theoretical plan, interpreted to the main institutes of Roman tort and criminal law.

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НАКАЗАТЕЛНАТА РЕПРЕСИЯ СРЕЩУ ЛИХВАРСТВОТО И НЕЙНОТО РАЗВИТИЕ В РИМСКАТА РЕПУБЛИКА

Author(s): Maria Salazar Revuelta / Language(s): Bulgarian Issue: 1/2023

Criminal response to usury in Rome is found to be inextricably linked to the continuous infringements of interest-restraining regulations, together with the most varied juridical instruments that are in effect in civil life, depending on the socio-economic circumstances of each era. From the Republic on, the work of the curule councilmen imposing fines and the possibility (towards the end of the III century B.C.) of bringing a private action in quadruplum is noticeable. Later on, the little effectiveness of the councilmen's interventions was replaced with the per quaestiones procedure, which was put into effect during the first years of the Empire and which was also applied to the annona-related frauds. However, the fight against usurious loans during the Principate moves primarily toward civil life. People had to wait till the Dominate entered the scene to watch the criminal repression of illicit interests once again. Despicable considerations of the usurious crime are stressed, from Diocletian on, as well as the re-establishment of the quadruplum crime on the part of Theodosius. Finally, Justinian will embrace the Diocletian legislation, although he seems to emphasize the civil consequences of the usurae illicitae.

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ДОПИРНИ ТОЧКИ В ИСТОРИЯТА НА АНГЛИЙСКОТО И РИМСКОТО ДЕЛИКТНО ПРАВО

Author(s): Silvia Tsoneva / Language(s): Bulgarian Issue: 1/2023

The article traces the steps in the genesis and formation of the system of English tort law, approaching this issue through the prism of the influence of Roman law on the evolution of English law and on the work of English judges. It distinguishes the main stages and key moments in the history of English law and highlights the specifics of English tort law that reveal points of convergence with Roman law.

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OТГОВОРНОСТТА ПО ЧЛ. 21, АЛ. 2 ЗЗД – ЕФЕКТИВЕН СПОСОБ ЗА ЗАЩИТА НА ДЛЪЖНИКА ПРИ PACTUM DE NON CEDENDO?

Author(s): Dimitar Stoyanov / Language(s): Bulgarian Issue: 1/2023

The present research is devoted to tortious interference with contracts, laid down in art. 21, para. 2 of the Bulgarian Law of Obligations and Contracts. The author attempts to assess critically whether this particular tort is applicable in case of a breach of an anti-assignment clause. More specifically, the present research argues whether it is possible for the debtor to bring an action vis-à-vis the assignee (or any other third person) who knowingly induces the creditor to transfer their receivable at variance with the obligation to refrain from assigning the receivable. The comparative overview reveals that, while nominally possible, this action is not the most adequate means of legal protection that can be attributed to the consumer in case of a breach of an anti-assignment clause.

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DISCUSSIONS REGARDING THE LEGALITY AND PROPORTIONALITY OF FISCAL PENALTIES APPLIED UNDER THE TAX PROCEDURE CODE, CUMULATED WITH THE PENALTIES APPLIED UNDER THE EU CUSTOMS CODE

Author(s): Silviu-Gabriel Barbu,Cristina-Maria Florescu / Language(s): Romanian Issue: 34/2023

A recent problem of administrative and judicial practice is the cumulative application of the penalties established by the EU law and by the national tax law, in case of non-compliance with customs obligations. This practice raises the question of the legality and proportionality of the additional penalties established under the national law. The issue is being debated before the Court of Justice of the European Union, which has been submitted with a request for a preliminary ruling.

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RÉGIMEN LEGAL DE LOS ARCHIVOS PÚBLICOS CIVILES EN ESPAÑA

Author(s): Miquel Bordas Prószynski / Language(s): Spanish Issue: 120/2023

The origins of modern legislation regulating civil public archives in Spain date back to the 19th century, although some of Spain’s current historical archives, such as the Archives of the Crown of Aragon, have their roots in the Middle Ages. In the second half of the 19th century, the need to preserve collections of the Inquisition, as well as from confiscated monasteries and religious houses, gave rise to the establishment of the State Historical Archive. The aforementioned legislation has been extensively revised since 1978 to additionally reflect the new Spanish territorial political model established by the current Basic Standard, which has gradually established a complex system of competencies in the field of public archives in Spain, depending on whether they are owned by the state (State Archives System) or by Spanish autonomous communities or other territorial public administrations (Autonomous Communities Archives System), as it has been outlined in the case law of the Constitutional Court of Spain. From the point of view of the Spanish state, Law 16/1985 of 25 June on the Spanish historical heritage is the basic normative act for the regulation of the state’s public archives, currently under the Ministry of Culture and Sports, specifically, under the General Subdirectorate of State Archives. The said archives are under the authority of a special body of officials – archivists, librarians and archaeologists. On the other hand, at the level of the Autonomous Communities, each Autonomous Community has approved its own specific legislation regarding the archives they own or have jurisdiction over. In this regard, by way of example and in relation to their representativeness, the legislation of the autonomous communities of Andalusia (current Law 7/2011 of 3 November on documents, archives and documentary heritage of Andalusia) and Catalonia (current Law 10/2001 of 13 July on archives and the circulation of records) has been discussed.

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THEORETICAL CONSIDERATIONS REGARDING THE HUMAN RIGHT TO A HEALTHY ENVIRONMENT

Author(s): Daniela Pîrvu / Language(s): Romanian Issue: 34/2023

"The only way to predict the future is to build it" (Peter Druker, 2009). The human right to a healthy environment, given its importance, has proven to be the fastest evolving of its generation, in terms of its guarantee and effectiveness on the path of justice. The emergence of global ecological problems (greenhouse effect, climate change, depletion of the ozone layer, etc.) contributed to the consolidation of its status as a fundamental right and the right to survival of mankind (Duţu, 2008, p. 338). The recognition and guarantee by law of the right to a healthy environment amplifies the obligations of public authorities to protect the environment, offers the courts new means for repairing ecological damage and sanctioning the damage caused to the environment and allows a better harmonization between different levels of recognition and guarantee of the fundamental right to a healthy environment.

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Różnice między Kodeksem karnym z 1997 roku a Kodeksem karnym z 1932 roku

Author(s): Karol Dusza / Language(s): Polish Issue: 3/2023

The article presents three characteristic phenomena that have occurred within the criminal law system, affecting the content of the Penal Code of 1997, while differentiating it from the Code of 1932. These phenomena are: internationalization of criminal law, relaxation of criminal law policy towards the perpetrator and custom neutrality of the specific part of the from 1997. The internationalization of criminal law manifests itself in: raising the standard of legal protection of the principle of humanitarianism, the international protection procedure of the principle of humanitarianism and the functioning of the International Criminal Court in The Hague. The relaxation of the criminal law policy towards the perpetrator is expressed by: abolishing the death penalty, increasing the possibility of adjudicating non-custodial penalties, such as fines and imprisonment, and adding a new probation measure. The custom neutrality of the special part of the Code of 1997 is manifested by the depenalization of crimes: homosexual prostitution and blasphemy as a qualified type of crime of offending religious feelings. In addition to the decriminalization of the aforementioned crimes, the penal act in question is a neutral act in terms of sexual custom and religion or lack of it.

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Lietuvos Didžiosios Kunigaikštystės laivybinių upių teisinis statusas XVI–XVIII amžiuje

Author(s): Rimantas Bedulskis / Language(s): Lithuanian Issue: 51/2023

The article examines the legal status of the navigable rivers of the Grand Duchy of Lithuania (further – GDL) in the 16th–18th centuries, based on Lithuanian Statutes, Sejm resolutions (constitutions), city privileges, other legal sources, and historiographical data. The problem of the content and usage of the term "navigable river" found in multilingual sources is examined. The study showed that this term contained two meanings: it indicated the physical characteristics of rivers and defined their legal status as a free path. In these rivers, it was forbidden to build any obstacles that make navigation difficult (fish traps, mill dams, or other barriers) and to collect new "unusual" customs duties. In the GDL’s law, the problem of shipping obstacles has been tried to solve in two ways: a) by specifying the obstacles to be removed physically and/or providing fines; b) by the mandatory installation of gates in fish traps and dams.

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Įtampų slopintojas vel teisėjas, vel valdininkas: taikos tarpininkas pobaudžiaviniame kaime

Author(s): Tamara Bairašauskaitė / Language(s): Lithuanian Issue: 51/2023

The article examines how the modern position of the peace arbitrator, the idea of which was borrowed from the ‘court of arbitration’ functioning in the Western world, emerged and was used in the governance structure of the Russian Empire. It reveals the role of the peace arbitrator in the administration and transformation of the post-serfdom village in the governorates of Vilnius, Kaunas, and Hrodna. The following stages in the activities of peace arbitrators are distinguished: (1) 1861–1862, when local landowners chosen as peace arbitrators managed the post-serfdom village, and (2) the time after the 1863–1864 uprising, when attempts were made to turn the Russian peace arbitrators, who had replaced the landowners in this role, into a tool of the Russification of the village. The analysis reveals the independence of the activities of peace arbitrators, which used to cause conflicts with the governorate authorities, police, and military structures.

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Jews and Anti-Jewish Rules in the Czech Codification of Church Law of 1349

Author(s): Lenka Šmídová Malárová / Language(s): English Issue: 2/2023

The first codification of church law in the territory of the historically Czech lands, known as the provincial statutes of Ernst of Pardubice (Statuta provinicialia Arnesti), was issued in 1349, with validity for the entire Prague archdiocese. The Statute applied not only to the clerical and lay population, but also to Jews, for whom special rules and restrictions applied. The regulation of the legal and social life of the Jewish population is explicitly dealt with in three provisions (Articles 66-68), which mainly regulate the contact of Jews with Christians and their rights and obligations in public. Many of these prohibitions and regulations are based on papal decrees approved by the ecumenical councils, the text of which was reflected in the Decretals of Gregory IX and subsequently in the Mainz Statutes of Peter of Aspelt of 1310. The roots of these restrictions, however, in most cases go back to antiquity. This concerns, for example, the prohibition on hiring Christian nurses, midwives and servants; Jews were also not allowed to participate in public life, to build new synagogues or to improve existing ones. These measures were introduced by the Roman Emperor Theodosius II as part of the gradual process of Christianization of the Eastern Roman Empire. Although the legal provisions of the provincial statutes of Ernst of Pardubice imposed many restrictions on the Jews, this fact, on the other hand, was to some extent counterbalanced by protective provisions that prohibited laymen and Christian clergy from disturbing Jewish religious rites, destroying their graves, and arbitrarily punishing them without the existence of a relevant legal title.

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Össze-vissza kuszálva van ismét minden párt vezéreszme nélkül”. A budapesti ügyvédi kar szervezetei és belső konfliktusai a dualizmus derekán

Author(s): Viktor Papp / Language(s): Hungarian Issue: 1/2022

The primary goal of this study is to present the internal power struggles among the lawyers of Budapest in the late 19th and early 20th centuries through the relationship between the Budapest Bar Association (Budapesti Ügyvédi Kamara) established in 1875 and the Budapest Circle of Lawyers (Budapesti Ügyvédi Kör) created in 1881. While according to certain reports the Circle had total control over the leadership of the Bar Association, others believed that the latter, which had much more authority, should have its jurisdiction reviewed and modified instead. The fact that lawyers felt the need to form a new organisation only a few years after the creation of the bar system is evidence that Bar Association had significant professional shortcomings. The essay examines this internal conflict, and what lawyers thought of personnel issues. This can help us figure out what roles professional organizations played in addition to individuals in professionalisation and representation.

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Az intellektuális bűnözés feltalálása. Fehérgalléros kriminalitás Budapesten a 20. század elején

Author(s): Roland Perényi / Language(s): Hungarian Issue: 2/2023

This paper examines the process during which Hungarian society „invented” the category of intellectual property crimes at the turn of the 19th and 20th century. Since the rapidly urbanizing capital was at this time the economic and financial center of the country, the focus of this investigation is Budapest. The effort to define intellectual property crimes can be identified in criminal law, criminology, and in public opinion as well. At the turn of the 19th and 20th centuries, the development of modern capitalist economy and bourgeois society happened extremely quickly in Hungary, so the modern forms of crime closely related to the process – including intellectual property crimes – were codified in the criminal law in response to this, in the framework of a longer process. From the sources available from the turn of the century, it is clear that crimes of an intellectual nature had already appeared in Hungary in the early period of the Austro-Hungarian Monarchy, but they only became really „visible” from the early 1900s. Then, as a result of the First World War and the social and economic crisis following the defeat, the number of white-collar criminals increased by leaps and bounds. Accordingly, from the 1920s onwards, the issue of intellectual property crime became a defining topic in both police and press discourse. While the amount of economic or financial crimes committed by white-collar people increased significantly in the early 1920s and then during the Great Depression, their quantity and the types of crimes also changed continuously, adapting to changes in the economic environment.

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Мотив растления в произведениях Достоевского в контексте законодательства XIX века

Author(s): Anastasiya Nikolayevna Pershkina / Language(s): Russian Issue: 4/2023

The article is devoted to a subplot of molestation of a girl, which is repeated in several works by F. M. Dostoevsky, in the context of the 19th-century legislation. We focus on two works: “Crime and Punishment” and the chapter “At Tikhon’s” that was originally intended to be a part of “Demons.” Molestation occurs in both texts, and there are intersections in a number of details. Both victims (the drowned girl and Matresha) are poorly socialized and suffer from abuse in their families. Both girls are fourteen years old. Researchers have already pointed out that a possible source for this plot was an article in “Severnaya pchela” covering the suicide of a thirteen-year-old girl, Marfa Arkhipova, who was accused of stealing. Dostoevsky significantly expanded the plot, adding molestation and making the girls older. This article is intended to prove that the change in victim’s age was not accidental. The age of fourteen years in the 19th century legislation is the boundary that separates sexual crimes in general from sexual crimes against children. There was no direct ban on such plots in censorship regulations. However, it appears that an author who decided to depict this crime would at least have to deal with their editor’s discontent. This is exactly what happened with the chapter “At Tikhon’s,” when M. N. Katkov, the editor of “Russkiy Vestnik,” refused to publish it. It is difficult to speculate and say what reaction this text would have caused among censors, and readers — if published. We know, however, that this subplot later served as a reason for N. N. Strakhov to accuse Dostoevsky of pedophilia.

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Papal designations in the context of the Gregorian Reform

Author(s): Drahomír Suchánek / Language(s): English Issue: 26/2023

This study looks at a specific aspect of papal elections during the Gregorian Reform: papal designation. In separate steps, the study endeavours to look at both the historical and developmental context of papal designation, as well as the use of papal nomination for individual elections that took place during the Gregorian Reform period. The text also uses an analysis of electoral procedures to evaluate the significance of designation, specifically its actual influence on the decisions made by electoral participants. The designation does not appear to be a procedural and legislative feature but instead more of a practical and legitimising tool for defending a chosen procedure.

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Opodatkowanie wiernych na rzecz prac remontowo-budowlanych w diecezji lubelskiej, na podstawie uchwał zgromadzeń parafialnych z lat 1919-1923

Author(s): Joanna Kumor-Mielnik / Language(s): Polish Issue: 26/2023

The present paper presents and exemplifies the legal basis of taxation of the faithful for renovation and construction purposes in the parishes of the Lublin diocese in the first years of the Second Polish Republic, and discusses the types of burdens incurred by the faithful as well as the ways of enforcing obligations established by parish assemblies. The analysis is based on the materials from the Archives of Modern Records in Warsaw (the collection of the Ministry of Religious Denominations and Public Education) and Lublin Archdiocesan Archives. Investments undertaken in the parishes required the involvement of all the faithful in the reconstruction of churches, rectories, church servants’ quarters and farm buildings destroyed during the war. In accordance with the applicable legal provisions, decisions to start renovation and construction works were made by parish assemblies held under the chairmanship of the mayor or village administrator and the church supervision. Parish assemblies also passed a tax for these purposes. It was imposed on all inhabitants and paid in currency or in grain in proportion to the acreage of land owned. Tax resolutions in question came into force after approval from regional and ministerial authorities. Under the decisions of parish assemblies, inhabitants were obliged to contribute financially or in person to undertaken works, and the taxes they paid were the main component of parishes’ construction budgets.

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Българската адвокатура в години на преход (краят на 40-те – първата половина на 50-те години на ХХ век)

Author(s): Lora Doncheva / Language(s): English,Bulgarian Issue: 2/2023

This paper traces the changes that occurred in the structure and functioning of the Bulgarian lawyers’ community in the late 1940s and early 1950s. The changes in the regulatory framework, which was based on the Soviet model, testify to the gradual distancing of the legal profession from the idea of being free and independent (existing before 9 September 1944) and to its transformation into a profession controlled, planned, and directed by the state. An important feature of the process of reorganization of the lawyers’ community was its cleansing from persons politically inconvenient for the regime. Changes in the organization and activities of the lawyers’ community were an integral part of the process of building the totalitarian state. They were carried out under the leadership and direct control of the Bulgarian Communist Party.

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SARAYBOSNA’DA İSA BEY ZAVİYESİ HAKKINDA BAZI BELGELER (II)

Author(s): Hatice Oruç / Language(s): Turkish Issue: 72/2023

There is no archival record connecting the zawiya founded by Gazi Isa Bey in Sarajevo (1462) to a dervish order (tariqat) till the end of the 18th century. Then, suddenly, with the appearance of Sheikh Osman Dede, Isa Bey’s zawiya began to be mentioned alongside the Mevlevi tariqat. This change took place when Sheikh Osman Dede, one of the dervishes of the Hacı Sinan Kadirî tekke in Sarajevo, became the sheikh of the Hacı Mahmud Mevlevi tekke and claimed that it was actually Isa Bey’s zawiya. At first, he convinced the authorities that the two lodges were one and the same, and even repaired the Mevlevi tekke with the income of the waqf of Isa Bey’s zawiya. He then further claimed that the waqf’s tawliyat (the right to manage the waqf) belonged to the sheikhs of the zawiya based on the waqf’ regulations, and took over the tawliyat of the waqf and appropriated the waqf’s property. Thus, a tawliyat lawsuit that would last for many years arose between the trustee of the zawiya foundation represented by Osman bin Mustafa residing in Skopje, from the lineage of İsa bey, and the new trustee of the foundation represented by Sheikh Osman Dede. The documents presented in this case reveal that certain aspects such as whether or not Isa Bey’s zawiya is really Mevlevi, which side has the right to the tawliyat of the zawiya’s waqf, and the conditions of endowment in the foundation charter (waqfiya) etc., have been questioned. Various types of documents found in the Ottoman Archive (Ottoman Archive of the Presidency of the Government - BOA) and in the Archives of the General Directorate of Waqfs in Ankara that shed light on the claims and events related to Isa Bey’s zawiya and its waqf starting from the time Sheikh Osman Dede became a Mevlevi sheikh, constituting the first part of this study, have already been published under the title “Several Documents About Isa Bey’s Tekke in Sarajevo (I)”. In this study, the documents from the Sarajevo court registers (sharia sijjils) held at Gazi Husrev’s Bey Library in Sarajevo, will be discussed. In a way, this study implements the documents already discussed in the earlier publication. These new documents that question the generally ac-cepted claim that Isa Bey founded the zawiya as a Mevlevi and reveal the name of Haci Mahmud as the founder of the Mevlevi tekke are of extreme importance and may completely alter the history of the tariqats in Sarajevo all together. These documents are also of great importance not only for the research of the waqf institutions, but also for the research of legal history through the prism of the institution of the qadi and the functioning of the court.

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