Развитие на принципа на политическия плурализъм в българския конституционен модел след Освобождението

Author(s): Milena Licheva / Language(s): Bulgarian / Issue: 1/2019

The article discusses the powers of the central, local administration and citizens’ associations inrelation to the management of forest areas. The system of sectoral central and territorial state authorities in the forest territories is also considered. The theoretical notion of “competence” of the state authorities is considered as the legal personality of state bodies, ie. as an opportunity for the state body to be empowered in specific powers.

Развитие на принципа на политическия плурализъм в българския конституционен модел след Освобождението

Author(s): Dragomir Angelov / Language(s): Bulgarian / Issue: 1/2019

Political pluralism is a basic principle in contemporary democratic societies which is often takenfor granted. In reality the same principle has undertaken dynamic development during the transition of our state from feudal province in the boundaries of the Ottoman Empire into a modern democracy

Развој идеје владавине права и промјена устава као предуслов европских интеграција (примјер Црне Горе)

Author(s): Mladen Vukčević,Danilo Ćupić / Language(s): Serbian / Publication Year: 0

The subject of this paper is the development of the idea of the rule of law in Montenegrin history and constitutionality, with a special reference to the current revision of the Constitution of Montenegro, in part related to changes in the judiciary. This paper presents a chronological overview of the provisions referring to the constitutional position of the fundamental legal principle and its implementation in different historical periods, starting from 1905 to 2007, from the first constitution up to the adoption of the current Constitution of Montenegro and the amendment I–XVI in 2013.The central part of the work is the analysis of the constitutional provisions which regulate the judiciary in the Constitution of Montenegro in the context of the requirement that they should undergo a revision in the process of European integration. In this sense, the comparison is done between, on the one hand, the approved amending changes which tend to eliminate the influence of political factors on the performance of the functions of the judiciary, and on the other hand, the potential scope and limitations of the solutions that have been proposed.

Разлози честог формирања ванредних судова у Србији 1839-1844

Author(s): Uroš Stanković / Language(s): Serbian / Publication Year: 0

The article is intended to determine why extraordinary criminal courts were frequently established in Serbia in the period between 1839 and 1844. In aforementioned five-year period, eight extraordinary courts were set up. Besides, four other propositions had been put forward to constitute extra-ordinary court, but were rejected. Significant number of propositions for establishing extraordinary courts and significant numbers of extraordinary courts which were actually established requires an explanation as to why this unfavoured institution was to such an extent popular among Serbian governments of that time.The reasons for extraordinary courts appearing in many instances can be divided into two groups – official and unofficial. Official reasons are stated in the acts proposing constitution of extraordinary courts. Five of them were mentioned. Those are: multitude of co-perpetrators, offenders being domiciled in different districts, the nature of crime and expedition of trial where co-perpetrators were of different statuses (the military and civilians). Hardly ever would only one factor be stated as the reason for set-ting up an extraordinary court. Usually two of them appear among which nature of crime and expedition of trial are coupled most recurrently.Unofficial reasons comprise social and legal consciousness, under-development of the judiciary, political instability and desire to quell political opposition. The last-mentioned stands out as the unofficial reason of greatest significance.Which of two groups of reasons had prevailing influence over government to set up extraordinary courts? In order to answer that question, one must apply comparative method. In other words, it means that the presence of more constant, formal reasons in aforementioned five-year term should be compared with their occurrence in subsequent period. The comparison reveals that unofficial reasons predominate over official ones.

РАЗМАТРАЊЕ ПОКУШАЈА КЛАСИФИКОВАЊА ПАРТИЈА И ПАРТИЈСКИХ СИСТЕМА У НЕДОВОЉНО РАЗВИЈЕНИМ ЗЕМЉАМА

Author(s): Zoran Atanacković / Language(s): Serbian / Issue: 18/1978

In addition to „The Discussion of the attempt to classify the parties and the party system in underdeveloped countries" the author, first of all, takes up some weaknesses which appear in the political theory in connection with typo- logizatioii and classification of the parties. In his opinion, in the basds of all contamorary typologizations of the parties given by the civil authors there is Diverdge's classification into massive (large) and personnel ones. All of that .what the civil political science added later to this, lincluding even th attempt to carry this classic classification to the ground of the underdeveloped world, represents the variations on the "same subject and doesn't contain any essencial theoretical news.In his further presentation — to confirm it — the author relatively in details deads with the most important one of the existing classifications of the parties and the party system in the Third World, and frist of all, with the clasification of the parties intomassive and personnel (that is to say: elite ones or patron (protector ones, as well as with the classification into revolutionary — centralistic and pragmatic — pluralistic. After a short analysis he comes to a conclusion that the main weakness of these classifications is in the absence of a class approach to the observed phenomena, which makes the civil theore¬tician to be superficial and unable them to get to the heart of their essence.The autor pays attention in the last part of the addition to the contam- porary Marxist attempts to classify the aprties and the party systems in the underdeveloped countries which, at least in his opinion, although theu are most often based on one class approach to these problems, didn't reach the satisfac¬tory theortical and csientific level. In the end he presents his try to typologize the parties in the underdeveloped countries selecting as the basic categories massive people movements, revolutionary — democratic parties or the partiens of the changes and conservative — reactionary parties or parties of status-quo.

Размисли за България, Европейския съюз и промените в Конституцията

Author(s): Nevena Galcheva / Language(s): Bulgarian / Issue: 2/2011

In the present work I will try to analyze the legal facts and rules that have accompanied the generations for which in our national calendar the date 9 May was the anniversary of the Soviet Union's victory over Hitlerite Germany in the Great Patriotic War until May 9th as Europe Day , to the fact that Bulgaria is part of a united Europe.In the present work I will try to analyze the legal facts and rules that have accompanied the generations for which in our national calendar the date 9 May was the anniversary of the Soviet Union's victory over Hitlerite Germany in the Great Patriotic War until May 9th as Europe Day, to the fact that Bulgaria is part of a united Europe.

Разпит на обвиняем при разследване на престъпления, свързани с наркотици

Author(s): Iskra Vladova-Nedkova / Language(s): Bulgarian / Issue: 1/2018

The interrogation is one of the most complex investigative actions, given the many psychological aspects that it involves. It is further hampered by the profile of the accused in drug crime investigations, as a person with a criminal experience in the same or different criminal area, with well-motivated procedural behavior whichcan notbe easily influenced. Following research focuses on the procedural and tactical requirements to be considered during the interrogation in the investigation of drug-related crime investigations. The questions as a content of the interrogation in the different investigative situations and the acceptable tactical approaches during the interrogation are formulated in a way to ensure respect of the rights of the accused. Recommendations about how to improve the above mentioned practices have been made to the competent authorities.

Разработка и принятие Конституции России в сентябре-декабре 1993 г.

Author(s): E. A. Tarasova / Language(s): Russian / Issue: 21/2015

The development of new Russian Constitution was started in 1990 and proceeded during deep political crisis and confrontation within higher levels of the Russian Federation. The period from September to December 1993 was the decisive stage in preparation of the new constitution; the draft has undergone radical change and later was adopted through the referendum on December 12, 1993. In the paper, the attempts to create coordinated draft of the constitution, aimed at preventing further deterioration of political crisis, are considered. Author analyzes political situation which existed directly before and after signing decree 1400 “Concerning stage-by-stage constitutional reform in RF” by President B.N. Yeltsin, its influence on the process of developing new constitution. The creation of new state and public institutions in-tended for draft preparation is considered, as well as their membership, influence on contents of the document. The changes introduced to the text are studied. Special attention is given to preparation and realization of the referendum which took place on December 12, 1993; the results of the referendum are analyzed.

РАЦИОНАЛИЗОВАНА ДЕЦЕНТРАЛИЗАЦИЈА И ЊЕН УТИЦАЈ НА ПОЛОЖАЈ ГРАЂАНА И НАЦИОНАЛНИХ МАЊИНА У РЕПУБЛИЦИ СРБИЈИ

Author(s): Zsolt Lazar,Dušan Marinković,Svetozar Čiplić / Language(s): Serbian / Issue: 1/2016

The rational decentralization represents a group of legal, political and sociological elements that usually appear in constitutional praxis and political theory, but are not classified in a special category. Having in mind the historical and constitutional experience of the Republic of Serbia, the intention of the authors is to determine the possible elements that would bring the decentralization to the rational and functional level of action. One of the goals of the paper is to show the faults of the incomplete decentralization and to discuss the certain solutions that have been creating deficit in the state structure, dysfunctional disorders in competency and political consequences in the Republic of Serbia, all because of the unequalized and unfinished vertical organization. In the introductory part of the paper the short review of the problem is given.

Ревизија Устава Босне и Херцеговине кроз одлуке Високог представника

Author(s): Milan Pilipović / Language(s): Serbian / Publication Year: 0

The position and authorities of the High Representative for Bosnia and Herzegovina are regulated by the Annex X of the Dayton Peace Agreement. The authorities of the High Representative, contrary to the Annex X, were expanded by declarations of the Peace Implementation Council, especially, inter alia, the Bonn Declaration. Based on these authorities, the High Representative passed a set of decisions, thus changing the Bosnia and Herzegovina Constitution and the Republic of Srpska Constitution, directly affecting their constitutional legal orders. The High Representative reviewed the Constitution of Bosnia and Herzegovina, acting as the constitutional and legislative power, imposing acts which established new authorities for Bosnia and Herzegovina, and founding new Bosnia and Herzegovina institutions. The High Representative’s legal decisions were incorporated into the legal order of Bosnia and Herzegovina. The Constitutional Court of Bosnia and Herzegovina, in the course of reviewing the constitutionality of some of the statutes passed by the High Representative, did not have a joint conception, in other words, the judges’ opinions were contradictory and exclusive, and from the aspect of legal theory, even highly problematic. It is only political and expert bodies in Bosnia and Herzegovina, who should create law, while possible reviews of constitution, which entirely depends on the political will of the representatives of entities and constituent peoples, should be realized in compliance with the constitutionally prescribed procedure.

Ревизионният акт като източник на информация за престъпленията по чл. 255, чл. 255А и чл. 256 от Наказателния кодекс

Author(s): Daniela Stoyanova / Language(s): Bulgarian / Issue: 2/2019

This article consists of analysis of the practice of incorporating inspection certificates of the revenue authorities into the documented evidence in criminal cases with subject – crimes against the tax system, as well as the analysis of their role as a source of information in relation to those crimes. The emphasis is put on the changes in Article 127 of the Criminal Proceedings Code, with which those certificates have been accepted as means of evidence.

Република Српска и механизам координације у процесу придруживања БиХ Европској унији: Искуства и искушења

Author(s): Milan Blagojević / Language(s): Serbian / Issue: 10/2015

By the end of 2015 it would be reached a 20 years after the General Framework Agreement to the Peace in B&H, known as Dayton Peace Accord, was signed, by which the Republic of Srpska was internationally recognized. Taking these facts into consideration, the most important what Srpska has lost in that period is analysed firstly in this paper. After that, the central part of the paper is dedicated to the actual question of mechanism of coordination in the process of association of B&H to the European Union. In that part of the paper, after short comparative review of experience that some states with complex state structure has about that question, the mechanism of coordination is dealt with from the viewpoint of interests of the Republic of Srpska, and taking in mind the dangers of it for the Republic of Srpska. In final part of the paper the principles which should be observed by the Srpska in that process are exposed, in order to prevent that this mechanism of coordination do net serve as a new one instrument for constitutional desubstantialization of the Republic of Srpska.

Реформа местного суда 1912 г. в имперском измерении: как строить общие институты в многосоставном обществе

Author(s): I. I. Verniaev / Language(s): Russian / Issue: 25/2018

The judicial reform of 1912, which recreated in the inner and western provinces of the Russian Empire an updated version of the magistrates’ court (mirovoy sud) and liquidated the judicial functions of land captains and other judicial-administrative instances, is usually studied either in the historic-legal context or as part of political struggles of the early twentieth century. For the first time, the reform was considered in the context of managing imperial diversity and strategies of creating common institutions in conditions of heterogeneity (class, ethnic, confessional, political), both among the population of the empire as a whole and in regional and local communities. This paper addresses the state of local justice and factors that necessitated reforms, Including main positions that formed the basis for criticizing the government bill and alternative options for local courts. Positions in the discussion were related to visions of prospects and ways for integrating the Russian Empire, constructing common institutions, and nation building. The resulting model was a compromise and hybrid. A number of developed elements of local courts were in demand after the fall of the empire, even in the Soviet period.

РЕФОРМА МИТРОВДАНСКОГ УСТАВА СА ПОСЕБНИМ ОСВРТОМ НА СУДСКУ ВЛАСТ

Author(s): Ružica Kijevčanin / Language(s): Serbian / Issue: 83/2019

The foundation of every civilized state is the constitution as the highest legal act regulating the basic issues necessary for its functioning and development. Modern society constantly sets new challenges, striving for a more orderly, perfect life. On this path it is necessary to overcome all obstacles and clauses, starting from the normative ones. Having in mind the role and significance of legal regulations in a state union, we conclude that they must monitor changes, comply with the objective, existing situation in the state and be changed in order to achieve the goals.The European climate that has affected our country is characterized by numerous principles that Serbia should introduce and develop into its system. In order to move forward and keep pace with the European countries, it is necessary to follow their guidelines and adopt them best. We are beginning this struggle for a better and secure future by changing the Constitution of the Republic of Serbia since 2006. In the upcoming work, I will pay particular attention to judicial reform, as a section that will suffer the most in the future.

РЕФОРМА ПРАВОСУЂА У НОВОМ УСТАВУ

Author(s): Gordana Stanković / Language(s): Serbian / Issue: 14/1974

L'auteur analyse dans ce travail la réforme de la justice qui est effectuée dans la nouvelle Constitution yougoslave par l'introduction des tribunaux auto-gestionnaires.En tant que partie du pouvoir politique et de l'autogestion de la classe ouvrière, la justice est une catégorie constitutionnelle qui s'adapte nécessairement et continuellement aux changements dans le système socio-économique, dont le contenu et la forme déterminent la Constitution. Quoique les changements dans la société exigent nécessairement l'araptation ou la transformation de la justice, l'auteur constate que depuis la Révolution jusqu'à la Constitution de 1974 la justice yougoslave n'a pas. subi des modifications essentielles et radicales. Tous les changements dans la société n'ont pas suivi toujours les changements corrspondants dans la justice, de sorte que le système judiciaire, quoiqu'il ait exercé sa fonction avec succès, était en retard par rapport au développement social.La Constitution de 1963 a commencé à faire passer la justice sur le système de la société autogestionnaire, car elle a prévu la possibilité que la fonction judiciaire soit exercée aussi par les organes sociaux de la justice. De cette manière la socialisation de la fonction judiciaire chez nous est devenue la première fois une partie de la conception constitutionnelle.L'aspect autogestionnaire de la justice n'a pas été examiné en détail jusqu'en 1979, quand par une résolution de l'Assemblée fédérale on a essayé d'initier une transformation autogestionnaire plus efficace de la justice. Les changements effectués par les ammendements constitutionnels ont contribué de former les hypothèses pour l'institutionalisation des organes judiciaires sociaux et ils influé inévitablement sur le processus ultérieur de la socialisation de la fonction judiciaire.L'adée de la nécessité impérative de la coordination du mécanisme judiciaire avec le système autogestionnaire de la socété yugoslave a mûri lors de la pré-paration de la nouvelle Constitution. Les dilemmes ont disparu en ce qui concerne le mode et les voies de l'enchâssement de la justice dans le système auto-gestionnaire sur le plan théorique et un concept constitutionnel chair de la ré-forme a été élaboré. Il était devenu évident que le point central de la réforme ne se trouve pas sur le côté formel de la réorganisation de la justice et que la réforme désirée, dans les conditions de l'autogestion, peut être réalisée de la meilleure façon et uniquement par la socialisation ultérieure de l'activité judiciaire.Les tribunaux autogestionnaires sont le résultat de la réforme de la justice dans la nouvelle Constitution. D'après la nouvelle Constitution la fonction judi- ciare dans le système unique du pouvoir et de l'autogestion de la classe ouvrière et de tous les hommes travailleurs exercent les tribunaux ordinaires, en tant qu'organes du pouvoir et les tribunaux autogestionnaires (article 217 delà Con-stitution de la RSF de Yougoslavie). La solution constitutionnelle trouvée est une nouveauté révolutionnaire dans la réalisation de la fonction judiciaire qui a été réservée jusqu'à présent dans son développement exclusivement au pouvoir d'Etat classique de la classe déterminée.Par la Constitution est réalisée une nouvelle conception de la justice, qui est basée sur l'idée de transfert de la fonction judiciare à la société. En même temps, les principes n'ont pas changé sur lesquels est basée l'autorité judiciaire et qui représente une acquisition permanente de la démocratie.Les tribunaux autogestionnaires, implantés dans le mécanisme de l'auto-gestion sociale, conclut l'auteur, correspondent à la société autogestionnaire, assurent la protection efficace et complète de la société autogestionnaire et réalisent l'intérêt de chasse de la classe ouvrière.

Рецензия на книга

Author(s): Manol Stanin / Language(s): Bulgarian / Issue: 1/2019

РИМСКАТА ИМПЕРИЯ: СЪЗДАВАНЕТО НА ЕМЕРИТА АВГУСТА УСТАНОВЯВАНЕТО НА ИМПЕРАТОРСКИЯ КУЛТ В ПРОВИНЦИЯ БЕТИКА

Author(s): Vanessa Ponte Arrebola / Language(s): Bulgarian / Issue: 1/2015

The life of Gaius Julius Caesar Octavianus is a brilliant example of the life of a brilliant leader, who succeed to provide peace in difficult and troubled times in the Empire. The presence of high intelligence, combined with a sense of details and cultural sophistication, provide an opportunity to Augustus to manifest his large-scale thinking and to made Rome center of culture, literature, architecture and philosophy. This created conditions for the so-called "Golden age" of Rome during which time was established lasting peace. This was the time of crafts and arts. Many architectural monuments, buildings, entire cities have been created. One of these cities was Merida (Emerita Augusta). Emerita Augusta was built because of its strategic geographic location as a communication unit of the western border of the Empire. Thanks to Augustus, many theaters, forums, temples, thermal baths, water reservoirs, bridges, etc. were built in the city. That way the city became the center of Roman politics on the peninsula. Also with his great influence Octavian managed to create a cult of his personality. In the Baetica ( one of the provinces in the Empire ) the cult was focused on Augustus and his family. The imperial cult served as a basic principle of the legitimacy of the dynasties and a factor for the socio-cultural connection of the various peoples in the Empire. But when Emperor Septimius Severus came to power, the Baetica lost its political authority as a factor in the development of Roman politics. As a result of his acts the cult in the city was abandoned.

РИМСКО ПРАВО – ПРЕДАВАНЕ НА ЗНАНИЯ ОНЛАЙН И ПОЛЗВАНЕ НА НОВИ ТЕХНОЛОГИИ

Author(s): Vanessa Ponte Arrebola / Language(s): Bulgarian / Issue: 2/2016

Roman Law is an eminent classical science. However, the use of new technologies developed in the 21st century provide us with many different possibilities. They could become an interesting and valuable complement for both the online transmission of knowledge of Roman Law, as well as in improving the motivation of the student in his studies by increasing his curiosity and motivation.

РИМСКО ПРАВО, ПРАВНО СРАВНЕНИЕ, ИНТЕРДИСЦИПЛИНАРНОСТ

Author(s): Paolo Garbarino / Language(s): Bulgarian / Issue: 2/2016

The historical approach in the domain of romanistic and legal history sciences leads to examination of the roman law as a functional legal system in a specific period of time. Nowadays in the universities the examination of the roman law is limited and without connection with the positive law. It is often isolated to a discipline in the program of the law faculties. The author of this article presents the importance and the role of the roman law for the modern legal education.

РИМСКОПРАВНА ОСНОВА НА СЪВРЕМЕННАТА ЗАЩИТА НА НАСЛЕДСТВЕНОТО ИМУЩЕСТВО

Author(s): Mihail Malchev / Language(s): Bulgarian / Issue: 1/2019

The article aims to present a brief analysis of the system of hereditary property protection in Ancient Rome. Historical analysis has a current sound and can be used as a starting point for improving the modern means of providing such pro-tection. A special remedy for inheritance property under Roman law is the claim of inheritance. The Roman tradition and application of this claim is characterized as the basis for its modern meaning and function. In this respect, current and dis-cussion issues related to the need for special protection of the inherited property are discussed.