ТАКТИЧЕСКИ ОСОБЕНОСТИ НА РАЗПИТА ПРИ РАЗСЛЕДВАНЕ НА ТЕРОРИСТИЧНИ АКТОВЕ С ВЗРИВНИ УСТРОЙСТВА
This article presents the tactical features of investigating witnesses and indictees in investigating terrorist acts with explosive devices.
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This article presents the tactical features of investigating witnesses and indictees in investigating terrorist acts with explosive devices.
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The report reviews the importance of the presence of security and defence institutions across social media. The paper highlights the challenges before some of them in pursuing this objective. It accentuates on social media opportunity available to the army – to communicate more successfully to target audiences. Threats due to inexpert posting have not been skipped either. The paper contains many examples in illustration of the activity of various armed forces across social media.
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In this article, some questions issues related to the Electronic Register of Projects and Activities under the E-Government Law. It briefly describes what it represents and from whom it is led, focusing on the issues related to its scope and the obligated subjects on it. The author believes that clarifying them is crucial to the applicability of the registry and its future use.
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The aim of the author is to reveal how the changes in the modern society reflect over classic institutes and guarantees, developed in criminal law through centuries. The new challenges demand a new approach – especially towards the terrorism and organized crimes. Regretfully many of these new measures strongly affect the human rights and even the established law standards and thus ruin the very basement of rules of law state. The goal in the legislative and legal science should be to find a balance between security and freedom.
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Kozloduy NPP is the only organization in the Republic of Bulgaria that operates a nuclear facility in conditions of high technology, efficiency and competitive prices in the production of electricity. As a subject of critical infrastructure in the Energy sector, the NPP is classified as a object of strategic importance for National Security.
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This article is dedicated to legal personality in financial law as it does not claim comprehensiveness. Reviewed are the main issues related to legal personality of various subjects in the financial law. Made is a brief comparative analysis with the Russian legal system.
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This article focuses on an analyze of the legal framework regarding the obligation of the individual employer and employers' organization to negotiate the conclusion of a collective agreement at the level of enterprise, branch, sector, municipality. Often the understanding is supported that the negotiation process is not up to the free will of the employer, as such a legislative approach is chosen not by accident; it actually aims at providing protection for an important interest. Further attention is paid to the matter of the compensation owed by the employer for breach of the obligation to enter into negotiations for conclusion of a collective agreement.
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The rulings are the most frequent acts pronounced by the court within the frames of a court proceeding on civil cases. In spite of this, the legislation in force as well the legislation in historical view does not give definition of this term.In the article, the author works out the characteristics of the ruling as an act of the court and suggests a definition of the term. The article includes the attempt of the author to explain the similarities and the differences of the court ruling to the other acts, issued by the court – the order and the court decision.
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The reverse writ of execution is an official document envisaged by the Code of Civil Procedure as а title for protection of the debtor against substantive illegality of the enforcement proceedings. By the issuance of the reverse writ of execution the debtor receives the right to claim back all property and/or sums collected in the course of enforcement proceedings, whose legal groundbasis have been revoked by a final court decision. In the article, The author analyzes the concept of the reverse writ of execution, the prerequisites and the procedure for its issuance, as well as the controversies around that legal instrument. Particular attention is paid to the scope of the reverse writ of execution and to its comparison to other claims. Comparison to similar hypotheses is made.
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The Article concerns pre-sentence report. It reveals its’ purposes to provide the sentencing court with succinct and precise information upon which to base a rational sentencing decision. The author analyses the up to date legislation and makes conclusions for legal amendments.
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Under the subjective factors, that is, the subjects of national security, we mean those factors (entities) who have awareness of themselves, their environment and their influence on the environment, and they come from people, human groups, organizations and institutions, and affect national security. Subjective factors of national security are divided into threats and entities for reaching, preserving and developing national security. In this paper, the author deals with the subjects of endangering national security in a way that points to the nature of these factors, and then to the division into internal and external ones. After that, the author gives an explanation of each of the subjective factors and the manner of their threat to national security. The author devotes particular attention to the organized criminal groups as subjective factors of endangering national security.
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Prof. dr. sc. Mirjan Damaska (born in Brežice, October 8, 1931), for his stay in Zagreb in 2001, during the month of June, he held a three-day lecture at the Faculty of Law, University of Zagreb, for students of postgraduate studies in criminal law. The lecture was tone recorded, and the book was created as a result of the transcript of it. Prof. dr. sc. Mirjan Damaska has shared his rich experience of experts in the field of comparative, international criminal law, which he has acquired as a lawyer and university professor, both in Zagreb and at the Faculty of Law of the University of Yale (USA) with students for staying at the Law Faculty in Zagreb, as he himself states, thirty years of retirement. Book publisher is the Faculty of Law in Zagreb, the book was published in 2001 and numbered 81 pages.
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Criminal offenses committed against road safety in the Republic of Albania have brought about harmful consequences to human life, health and assets and not only to them. This topic has been selected as a field of scrutiny based on the highest interest it bears to human life as well as with the prospect to render the least contribution possible to the enrichment of Albanian criminal law opinion with special view on criminal offences committed against road safety. Understanding road types and sense based on Albanian customary law occupy a special place in this work paper.Relying on the current criminal law, knowledge and analysis of the criminal offences regarding the violation of road traffic rules in Albania, with special focus on years 2004-2015, the Albanian monarchy and the post period of the Second World War comprise an important element of this work paper.
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In the modern economies, capital markets can greatly contribute to the development of the national economy. Bearing in mind above mentioned, during the time the idea of improving the protection of the capital market participant’s interests has been developed. Therefore, at the EU level in 2014 has been adopted Regulation and Directive which provides the obligation for member states to prescribe the criminal sanctions for capital market abuses. Nowadays, almost all national legislation provides protection of the capital market participants interests by criminal law. In some of them criminal sanctions have been provided by secondary criminal legislation. Such an approach exists in the Republic of Serbia and Italy. Before the accession to the European Union, the Republic of Serbia should harmonize its national legislation with Union acquis. Bearing in mind the similarity of access to capital markets protection by criminal law between Italian and Serbian legislation, perhaps some Italian solutions could be an example for further harmonization with EU standards. Therefore, the subject of analysis in this paper is the capital market protection by Italian criminal law and its compliance with the EU legislation in this area.
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The author analyses risk factors for banking institution related to money laundering, that might arise in legitimization of income obtained by criminal means; The reasons that affect licenses withdrawal due to breach of money laundering regulations are analyzed.
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In the judgement rendered by the Grand Chamber of the European Court of Human Rights in Hutchinson v. United Kingdom (2017) states were seemingly confirmed as enjoying a wide margin of appreciation with regard to review and release from life prison terms. However, as this paper contends, after the decision of the second section of the European court in Matiošaitis and Others v. Lithuania (2017), that margin of appreciation is wider for the more influential and politically powerful jurisdictions than for newer states before the court, those more susceptible and amenable to policy dictation, who are subject to a differential measure of state discretion.
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The article is published in ,,Revue des études sud-est européennes", Tome IX, 1971, No 3, p. 335-342. It examines, in a historical and comparative perspective, the co-existence and application of the written and cus-tomary law of the southern Slavs. It is of utmost importance that the Byzantine law be rectified, adapted according to the economic, social and political devel-opment of the Balkan Slavic states in the Early Middle Ages.
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The purpose of the present review is to organize the theoretical approaches toward criminal acts and provide a structured source for the use of forensic researchers. The causes of criminal actions have been studied by different disciplines to decrease crime rates and understand the nature of the criminal acts. ''Crime can be easily defined as any activity publicly proscribed by the written laws of a society'' (McGuire, 2004, p. 3). However crime is a complex issue, and that is why theorists have investigated the causes of the criminal act using different perspectives and explanations. These explanations can be classified into three main categories as biological, psychological and sociological. Crime theories are also categorized based on their levels and scopes, and evaluated as five levels from large scale to individual factors; (i) societal macro level theories, (ii) community or locality level theories, (iii) group and socialization influence theories, (iv) crime events and routine activities, and (v) individual-level theories. It is a fact all theories have a useful function in the literature, but they should be presented within an organized framework.
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Lawyers use words with great care and, particularly in public discourse, often like to use Latin dicta. They do so not only to make their arguments sound more sophisticated, but also to support our theses not merely with elegantly worded, classical maxims, but also with well tested, established concepts based on the experience of people who lived in ancient Rome, a consummately practical society, very well versed in the practice of law. A legal dictum formulated in Latin is referred to as a rule, maxim, definition, precept, or principle. It is impossible to differentiate these terms clearly, although this has been done for instance in the terminology used in contracts in continental private law. How can contemporary lawyers best use Latin maxims and sentences? It is presented on the example of nemo plus iuris ad alium transferre potest, quam ipse haberet. The six steps are as follows: use maxims competently, be aware of the context of your quotation, do not let yourself be caught by surprise, make sure the maxim is well established in the law, do not neglect related and supporting maxims, take the local context into account.
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The main topic of this article is retroactive application of procedural criminal law. In this text the question will be posed – and answered – whether the application of a new procedural provision that entered into force in the course of an ongoing proceeding should in that proceeding be considered as retroactive and in what scope or/and under what conditions can such retroactivity be allowed for. As will be shown the solutions in national jurisdictions differ according to the common law – continental law states divide. This problem will be discussed in the light of a decision in the ICC Ruto and Sang case. In this case the ICC Appeals Chamber had to answer several questions pertaining to the temporal application of new procedural provisions. Firstly, the Chamber had to decide whether a general ban on the retroactive application of substantive law should also apply to procedural criminal law. Secondly, the ICC Appeals Chamber had to analyze the criteria according to which it would evaluate whether the change of rules of criminal procedure in the course of an ongoing trial was to be considered as having a retroactive effect, and whether the change in the rules of admission of evidence could be considered detrimental to the accused. Thirdly, it will be shown that the ICC Appeals Chamber has chosen the common law concept of “due process rights” rather than the idea of “intertemporal rules” known from the continental doctrine, and why it chose to do so.
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