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The article discuss the possibilities of reception by the Constitutional court of the Azerbaijan Republic of the institute of general lawyers of the and as a general conclusion, in the Constitutional Court of the Republic of Azerbaijan, it is advisable to use the practice of the Court of Justice in regard to the functioning of the institute of.
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The article examines some of the major moments, concerning enforcement, regulated by Administrative Procedure Code. “he article explained the characteristics of the administrative duties by Administrative Procedure Code. Accent is placed on the institute of substitutable obligations regulated by. In the resume is made 0 brief analysis of the case law.
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The article considers an overview of the regulations of local authorities in Bulgaria from 1886 to 1948 in terms of their selection, appointment, dismissal and basic parameters of action. Also not skip hierarchical interaction and representatives of local administration with the upper structures of regional government. It also gives a brief historical retrospection of the basics of local government unit of the Liberation in 1878 to the adoption of very important legislation for municipal laws for urban and rural communities in 1886. Extensive attention has been paid and the type of local government, approved by Decree-Law on urban and rural communities by 1934, Constitution of 1947 and the Law of the People’s Councils of next year.
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This article aims to examine the core competencies of the European Commission (EC) concerning the granting of state aid, taking into account that the Commission, in cooperation with Member States, keeps under constant review all systems of aid existing in those states. Attention is paid to the procedure for notification of planned state aid as a result of which the Commission may take a decision and the author examines the types of decisions in different cases and specific conditions. Also it is introduced the exceptions where no prior notification to the Commission is needed which follow different aid schemes covered by the block exemption and de minimis aid . In conclusion, it is suggested to pay attention to the changes in the rules on state aid in the course of the reform of the framework for state aid, which is provided within the European Union.
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The amendment of the Criminal Procedure Code, adopted in 2011, limits the power of appellate court in second appeallate hearings, to return the case for retrial of the first instance, and requires deciding the merits – art. 335, par. 3 of Criminal Procedure Code. This new provision leads to violation of fundamental principles of criminal justice and limits procedural rights of the parties. Instead of the desired improvement of the efficiency of the criminal proceedings, which is proclaimed in the reasoning of the bill, the opposite effect is achieved – creating very serious problems that can lead to judgments of the European court of Human Rights in Strasbourg in complaint against this provision. Therefore, this provision should be repealed.
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The article examines the crime under art. 255a of the Bulgarian Criminal Code related to avoiding the assessment or payment of large-scale tax obligations through the transformation of a commercial company or through a transaction involving related parties, within the meaning of the Tax and Social Insurance Procedure Code. The analysis of art.255a of the CC focuses of the different forms of perpetration of the crime. It points out inaccuracies in the formulation of the provisions which lead to practical difficulties in prosecuting. The inaccuracies are further analyzed by taking into account the relevant commercial legislation and the existing practices related to the perpetration of this form of tax evasion and by making de lege ferenda proposals for their amendment.
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In the article named “Trends in criminal law protection from terrorism in the European Union” the author traces the development of the penal law regulations of combating terrorism in the EU in the context of deepening integration processes in it. First thearticlecontainsanassessment of thecomplexsocio-legalnature of the phenomenon of terrorism and the difficulties that it poses the legal doctrine worldwide in attempts to give a clear definition of the crime “terrorism”. Next, the author traces the steps in the development of Community legislation on terrorism, the acts with which it is done and the fundamental corpus delicti of the three groups of crimes related to terrorism in the period before the adoption of the Lisbon Treaty. Third in the article are presented the new formulations of crimes related to terrorist activity, regulated by Directive (EU) 2017/541 of the European Parliamentand of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA. Finally the author makes a conclusion for the need to strengthen the Union’s role to address the ever-grow in gandever-changing manifestation forms of terroristthreat,motivatedwithexistinglegalbasisforthisinthe TFEU, and a proposalde lege ferenda is made for activation the procedure of Article 86, paragraph 4 of the TFEU to expand the jurisdiction of the European Public Prosecutor’s Office also to the offenses related to terrorism.
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An Act on the Measures And Activities At The State Emergency was adopted by the Parliament inrelation to the growing pandemic COVID-19 in March 2020 and announced by a decision of the National Assemblyon 13.03.2020. The act stipulates the measures and actions to be taken by the executive power, employers andappointing authorities, as well as the enactment of provisions of different legal acts and individual administrativeacts during the state of emergency. The construction of the law consists of general provisions and transitional andfinal provisions. In the part of the transitional provisions of the act are included specific rules which expresslyrearrange the enactment and application of certain provisions of the current tax legislation. The article discussesthe the content of these norms and some debatable issues which they raise. Based on the purpose of the law, asderived by the motives of its bill and its content, it may be concluded that these specific rules implement taxdeductions only on particular taxes and for a limited circle of taxpayers. Different possible interpretations arediscussed when comparing the general norms of the law and the special provisions for tax matters.
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The interaction between the national constitutional jurisdictions of the Member States and the Court of Justice of the European Union raises questions that often cannot be answered unequivocally. The focus of this debate is, of course, on the fundamental question of whether European Union law takes primacy over national constitutions. This study presents the jurisprudence of the Court of Justice on the establishment of the principle of autonomy of EU law in relation to the internal law of the Member States in its development, since it is precisely the positions it adopts that allow the Court of Justice to derive the principle of primacy over ‘any provision of internal law’ as a logical and natural consequence of the unique nature of EU law. On the other hand, since this integration activity of the Court of Justice is not the result of a conscious activity of the Member States, legitimated by their constitutions, the inevitable question arises of whether the results of the activity in question do not clash with the main task of the constitutional courts ‒ to ensure a coherent and uniform application of the law within the national legal order and above all in accordance with the constitution. The case law of the constitutional courts of the Member States presented in this study leads to the conclusion that they regard autonomy as a relative characteristic, which is why they reject the principle of absolute primacy of European Union law over constitutional rules. It seems that no constitutional court could abdicate its role as a court of ‘last word’ in this respect.
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On the one hand, the European Court recalls that the principle of presumption of innocence enshrined in paragraph 2 of art. 6 requires that no representative of the state may make a statement that a person is guilty of a crime before his guilt has been established by a court. Immediate access to a lawyer is part of the procedural guarantees to which the Court will draw special attention when examining whether the procedure has resulted in the extinction of the essence of the privilege against self-incrimination. On the other had, the Constitutional Court of Romania ruled, in its jurisprudence, that the right to defense is in the service of the effectiveness of the enforcement of the constitutional right of citizens to turn to justice for the defense of their rights, freedoms and legitimate interests. This right implies participation in court hearings, the use of evidence and raising exceptions provided for by the criminal procedural law. This right implies participation in court hearings, the use of evidence and raising exceptions provided for by the criminal procedural law. The main point is that the right to defense may not be exercised either personally or through a representative, as long as there is no full information regarding the concrete accusation in criminal matters. The violation of some essential rights of the accused during the criminal investigation phase is directly related to the order to initiate the criminal action. The indictment is issued in the present case as a consequence of the criminal investigation activities carried out since the beginning of the criminal investigation. By violating the legal provisions, the said D.N. suffered an injury to his essential rights in the criminal trial, an injury that can only be remedied by abolishing the indictment, and returning the criminal trial to the criminal prosecution phase for the purpose of hearing the suspect with compliance with all legal requirements. The European Court states that a certain distinction between a judgement that reflects the feeling that the person in question is guilty and the one that is limited to describing a state of suspicion must be made. The first one violates the presumption of innocence, while the other type has been considered more than once to comply with the spirit of art. 6 of the Convention. According to domestic law, the court that considers that the legal classification given to the facts by the indictment should be changed must request the parties to present their observations on this subject and convey to the defendant the aspect that he has the right to request the examination of the case at the end of the hearing or the postponement of the hearing in order to prepare his defense. According to domestic law, the court that considers that the legal classification given to the facts by the indictment should be changed must request the parties to present their observations on this subject and convey to the defendant the aspect that he has the right to request the examination of the case at the end of the hearing or the postponement of the hearing in order to prepare his defense. Only by ordering the change in the legal classification of the facts, through a judicial judgement that does not solve the merits of the case, after the parties have discussed the new legal classification, but before the resolution of the case, is ensured the fairness of the trial. To continue with, the European Court must examine whether the procedure, including the manner in which the evidence was obtained, was fair as a whole. The questions which must be asked in particular are whether the right to defense has been respected and what is the importance of all the main elements that constitute coordinates of this right. The Constitutional Court appreciates that the protection of classified information cannot have priority over the accused's right to information and over the guarantees of the right to a fair trial of all parties in the criminal trial, except under definite and limiting conditions provided by law. Another essential aspect is the privilege against self-incrimination. It is closely related to the presumption of innocence, which is why it is necessary for the prosecution to build its accusation in the matter of the criminal case without using evidence obtained as a result of coercive or oppressive means. Regarding the way the Constitutional Court relates to domestic law we note that the Court finds that a person summoned as a witness, who tells the truth, can incriminate himself, and if he does not tell the truth, avoiding self-incrimination, he commits the crime of perjury. The Court notices that the "right" of the witness not to accuse himself, as it appears from the marginal name of the text of art. 118 of the Code of Criminal Procedure, represents, de facto, a positive obligation to collaborate with the judicial bodies, having the correlative obligation of the latter not to use the statement against him. At the same time, in order to effectively respect the presumption of innocence, a person presumed to be innocent cannot be compelled, determined to produce proof of his guilt. The national judge of the preliminary chamber notes that, according to the jurisprudence of the European Court of Human Rights, in certain cases, a person who is heard as a witness in the criminal trial can be considered the subject of a charge in criminal matters, thus becoming incidental to the rights of the person heard as a witness to keep silent and not to contribute to his own incrimination. From our point of view, there has been a real evolution regarding the protection of the participants’ rights in the criminal trial, both at the level of substantive law and from a procedural point of view. At the same time, the guarantees stipulated both by the European and the Constitutional Court are carefully implemented by judges in specific cases.
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The Government is a central public authority with a fundamental role in the functioning of the rule of law. Together with the President, the Government represents the executive power of the state. Even if the formation of the Government is in the first instance the result of political agreements, it moves away from the political component and focuses on the administrative component, after the investiture, to implement the political government program. This study analyzes the way in which, according to the constitutional and legal provisions, the Government, by means of the Prime Minister leads and coordinates the activity of the ministries and of the central public administration in achieving the double role, namely political and administrative, in order to observe if the current legislative framework needs to be improved.
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One of the classic tasks of constitutionalism in all its many forms(l), and of modem constitutional law specifically in the American federal governments, is that of legal and constitutional control of the administrative system. In the American system the task is two-fold. It is that of preventing administrative injustice to individuals. It also is that of assuring that the powers, necessarily broad, of the administrative are properly usedj It is often said that „the bureaucracy is the core of modern government”(2). This vital core must be managed with alert care, and with attentive good judgment, wisdom, and consistency by the polity in general if these great powers are to do their work and to avoid derangement and loss of effectiveness, let alone actual abuse. Constitutionalism is usually an important means to this end. Certainly it is always an appropriate one particularly when it is coupled with appropriate politics and policy. This paper is a brief account of some central elements of American arrangements and American experience. Constitutionalism and constitutional law are of course much used on problems of every kind throughout the whole of the American political order, including the problems of the constitutionalization of the bureaucracy — the administrative system.
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The article deals with the problem of introducing a criminal offense into national legislation. The authors analyzes the category of „misdemeanor” in criminal and administrative liability. Adaptation of Ukrainian legislation to EU legislation, Ukraine's aspiration to become a democratic state governed by the rule of law requires particular adjustments in the legal system and, accordingly, administrative and criminal law as its constituent. It is of fundamental importance to implement reforming of administrative and criminal legislation on the basis of principles of the Constitution of Ukraine with a comprehensive approach to reforming other areas of legislation (for instance, civil, labour, financial, etc.). It is necessary to forecast dynamics of administrative and criminal law development, interconnected with the gradual changes in the advancement of society.
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Does any relationship in both theory and practice exist between political institutions and economic performance? In other words, do political institutions enhance economic performance in terms of an economy being able to steadily and permanently attract and stimulate foreign direct investments (FDI)? How can the relationship, in the standard version of social science research, be measured and determined? What are the local varieties and peculiarities that tend to condition how political institutions encourage and stimulate foreign direct investments (FDI)? To what extent do the variations and peculiarities impact on the policies and initiatives that are aimed at the attraction and stimulation of FDI? To what extent does the attendant result help in the analysis of the volume and sectoral allocation of FDI? How have the results influenced and impacted the contrasting perspectives in literature? And what will the study of Nigeria add to the debate as it ensues? Relying on data from secondary sources, in particular the Reports of the Central Bank of Nigeria, the Bureau of Statistics and newspapers, the study examines the volume and sectoral allocation of FDI in Nigeria with the return to constitutional democracy between 1999 and 2012. The aim is to discover how the Nigerian environment of democracy can influence the existing debate on the affinity of FDI to democracy. The study finds out that there were influxes of FDI into the Nigerian economy only on paper. The policy implication is therefore that the hope of a greater Nigeria rests on the determination of Nigerians to use its resources to address the fundamental problems of the Nigerian economy rather than deliberately seeking to attract and stimulate FDI.
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A good and healthy environment is a human and constitutional right for every Indonesian citizen (UUD NRI 1945). However, increasingly complex environmental problems continue to threaten human rights, such as cases of forest and land fires. The community is the most disadvantaged party due to the forest and land fires, ranging from environmental damage, healthy problems, delays in the learning process in schools, and other activities that have an impact on economic losses. In this case, the community cannot apply for restitution. The legal problem is that there is a void in norms governing the restitution process for victims affected by environmental crimes in general, including victims of forest and land fires. Therefore, it is necessary to examine the urgency of regulating legal protection for the victims, so that the position of victims of environmental crimes of forest and land fires is the same as victims of other crimes such as victims of violence, victims of terrorism, and victims of other acts of violence which regulated in Law Number 31 of 2014 concerning Amendments to Law number 13 of 2006 concerning the Protection of Witnesses and Victims. This study aims to examine the urgency of regulating legal protection in the form of restitution for forest and land fires victims. This research is normative legal research. The results of this study conclude that the urgency of regulating legal protection for victims affected by forest and land fires must be carried out. The restitution is given by considering the number of losses suffered by the affected victims.
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The refugee crisis on the Polish-Belarusian border related to the appearance on the border of a significant number of people who were brought to the territory of Belarus and then directed to the territory of Poland in an organized manner by Belarusian services led to a number of actions by, among others, Polish authorities, the legal aspects of which required urgent elaboration. This article addresses the issue of detention (deprivation of liberty) of foreigners by the Border Guard Service. The Border Guard’s provision of security at the border of the Republic of Poland may require actions that lead to restrictions on the rights or freedoms of individuals – both foreigners and citizens of our country. The provision by the Polish state of adequate guarantees for the protection of individual or common property, as well as enabling the implementation of procedures for the entry or control of the stay of foreigners in the territory of Poland is not possible without authorizing Border Guard officers to take actions that may result in the restriction of various rights and freedoms, especially freedom of movement. Due to various circumstances, this may sometimes require Border Guard officers to resort to the measure that most interferes with the sphere of individual freedom, namely deprivation of liberty.
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The refugee crisis on the Polish-Belarusian border related to the appearance on the border of a significant number of people who were brought to the territory of Belarus and then directed to the territory of Poland in an organized manner by Belarusian services led to a number of actions by, among others, Polish authorities, the legal aspects of which required urgent elaboration. This article addresses the issue of a temporary ban on border zone and humanitarian crisis. Currently, we do not have a state of emergency, but it is entirely up to the goodwill of the minister to ensure that the proportionality of the restriction of rights is respected when imposing a stay ban. The ordinance on imposing a temporary ban on staying in a certain area undermines the constitutional mechanism for protecting human rights, preventing or hindering the weighing of principles when there is a collision between the protection of life, human health and other constitutional rights and public safety in the border sphere. The most dramatic situations involve making it impossible or difficult to save the lives and health of people who unlawfully cross the border and are under Polish law.
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The study deals with the role of environmental committees in the Nineteenth Parliament for 2020 in studying matters related to environmental affairs in Jordan; It highlighted the role of the Environment Committee in both houses of parliament in discussing the challenges of the environmental sector and the role of the Environment Committee in examining environmental issues; so that the problem of the study lies in the extent to which the Environment Committee has been given specialties in studying the problem of climate change, greenhouse gas emissions causing climate change, and discussing environmental and tourism realities and the study has concluded several findings and recommendations; The most important of these is the need to expand the terms of reference of the environment committees in both the Senate and the House of Representatives, increase their role in discussing environmental laws, and increase their participation in global environmental conferences and workshops; Call for a regular meeting of the environment committees in parliament with representatives of the Ministry of Environment and the Ministry of Tourism to discuss the environmental and tourism conditions and develop the necessary plans to preserve the environment and prevent direct attacks on nature reserves and other findings and recommendations listed at the end of this study.
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This study deals with the crime of environmental pollution in Jordanian law and international conventions, by defining the environment and pollution in jurisprudence, law and the judiciary, and stating the legal basis for the penal responsibility resulting from environmental pollution, through the statement of the material and moral pillars in environmental crimes. The study also deals with the image of the crime of environmental pollution from by clarifying the responsibility of the natural person and the legal person and clarifying the penalty for committing environmental crimes.
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The paper primarily discusses the issue of unilateral acts in international law, the conditions for their validity, as well as the effect they produce. A brief breakdown of unilateral legal acts of states that produce legal effects in the international order is presented. Particular attention was paid to the act of recognition of states and the great specific weight these acts have in the international community was pointed out. The classical understanding of state recognition was presented and it was stated that this issue is connected with important principles and principles of general international law. Special attention is paid to the status dimension of recognition by states, but also to the new practice of withdrawing recognition, which brings radical changes to this institute. Conclusions were given on the further development of the institution of recognition and the need for this issue to be clarified in the context of new events on the international scene regarding the case of recognition of the self-proclaimed state of Kosovo, but also regarding Crimea and some other specific cases.
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