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ОСТВАРИВАЊЕ РАВНОПРАВНОСТИ ПУТЕМ ПОСЕБНИХМЈЕРА У РАДНОМ ПРАВУ – ДОМАЋЕ И УПОРЕДНО ПРАВО

Author(s): Sanda Gvero / Language(s): Bosnian,Serbian Issue: 4 (1)/2024

This paper analyses the concept of positive action, as well as the forms, effectiveness and application of various (special) measures within domestic and comparative labour law designed to achieve equality in employment and at work. The author opts for the term “positive action” considering the lack of consensus in the literature regarding terminology (and consequently content), that encompasses measures aimed at correcting the consequences of discrimination against certain social groups, or measures aimed at achieving substantive equality. Through an analysis of national and international legal frameworks, legal instruments that address systemic inequalities and discrimination are explored, along with their impact on promoting diversity, inclusion and equal opportunities in the labour market. Furthermore, solutions de lege ferenda are discussed, as well as the challenges and potential conflicts arising from the application of these measures, including issues such as reverse discrimination and balancing competing rights and interests.

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45. TVA aferentă unor tranzacții desfășurate de o societate dizolvată. Practică abuzivă. Necesitatea obținerii unui avantaj fiscal și care constituie scopul esențial pentru care contribuabilul a desfășurat operațiunile respective

Author(s): Cristian Ionut Andreescu / Language(s): Romanian Issue: 02/2020

According to art. 11 para. (12) of Law no. 227/2015 on the Fiscal Code, the relevant fiscal bodies are entitled to cancel the VAT deducted in relation to each transaction whenever it is found that the right of deduction was abusively exercised. In order to invoke the abuse of right, two requirements should be cumulatively met: a) the transactions in this case, despite the formal application of the requirements laid down in the legal provisions, shall result in guaranteeing some fiscal benefits which would be contrary to the purpose of those legal provisions; b) the fact that the essential purpose of the operations in this case shall be to obtain a tax benefit should be objectively proven. These requirements are similar to those enshrined in the practice of the Court of Justice of the European Union (see judgment in Case C255/02 Halifax). In the case of carrying on business activities, by a company dissolved due to the non performance of the legal obligations regarding the registration of the financial statements with the Trade Register Office, the second requirement above is not met as the purpose of the operations in this case has not been represented by obtaining a tax benefit.

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46. Excepție de nelegalitate având ca obiect un act adițional la un contract administrativ. Inadmisibilitate

Author(s): Cristian Ionut Andreescu / Language(s): Romanian Issue: 02/2020

The provisions of art. 4 of Law no. 554/2004 regarding the plea of illegality show that the subject matter of a plea of illegality is represented by an individual administrative act. Considering that the individual administrative acts represent a category of the unilateral administrative acts, it follows that the bilateral administrative acts, such as the administrative contracts, cannot form the subject matter of a plea of illegality. In order to file this submission, it is relevant to classify the administrative acts depending on the criterion of the author of the manifestation of will which is expressed by the administrative act. Thus, according to this criterion, administrative acts are classified into unilateral administrative acts (those expressing the will of a single person) and bilateral administrative acts (those expressing the will of two persons), and the administrative contracts are included in this last category.

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49. Mandat european de arestare

Author(s): Ovidiu Năstase Richițeanu / Language(s): Romanian Issue: 02/2020

The incrimination rule governed by art. 285 of the Criminal Code supposes as prerequisite the existence of a legal condition of retention or detention from the power of which a person deprived of freedom may evade. The Romanian legislator has not incriminated among the requirements of typical character of the crime of escape, also the offense of escaping from the power of the preventive measure of house arrest. In such a situation, the Romanian legislator considered that if a person being under the power of the preventive measure of house arrest leaves the house where he or she executes the respective measure without the consent of the judicial bodies which ordered such a measure, hence, in relation to the respective person the replacement of the preventive measure of house arrest with the pre trial detention may be ordered under the terms laid down in art. 221 para. (11) of the Code of Criminal Procedure. The fact that the lawyer designated to represent him or her before the Italian judicial bodies has refused to perform the legal assistance services during the criminal proceedings initiated against the respondent cannot represent a reason for denial of the application for recognition and enforcement of the conviction decision delivered in Italy, as the respondent had knowledge about the existence of the criminal proceedings initiated against him or her (designating a lawyer which should represent him or her before the Italian authorities), and he has not undertaken any subsequent action to deal with the state of the criminal proceedings initiated against her.

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SPORAZUM O PRIZNANJU KRIVICE KAO KONSENZUALNI NAČIN RJEŠAVANJA KRIVIČNIH PREDMETA U KRIVIČNOM POSTUPKU BOSNE I HERCEGOVINE

Author(s): Maja Iveljić,Igor Iveljić / Language(s): Bosnian Issue: 4 (2)/2024

The plea agreement represents a consensual way of resolving criminal cases and is one of the instruments of efficiency and economy of the criminal proceedings. In the paper, the authors will analyze the legal provisions that regulate the conditions for concluding an agreement, the course of negotiations between the parties on the same, the court’s decision on whether to accept or not accept the agreement, then the shortcomings of the legal provisions that regulate the agreement with an emphasis on the practical application of this institute, as well as the dilemmas that arise in practice, and at the end give certain proposals de lege ferenda with the aim of creating better legal solutions in the future.

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CONSIDERATIONS ON SURETYSHIP

Author(s): Livia Mocanu / Language(s): English Issue: SI/2024

In regard to the debtor, the creditor is often exposed to risks. Therefore, it may happen that on the due date, the debtor is in a state of insolvency and can no longer perform the obligation. As the general pledge of unsecured creditors is insufficient in the event of the debtor’s insolvency, the creditor has an interest in obtaining a guarantee of his claim. It is about those special guarantees that the creditor can stipulate in order to protect himself from the risk of the debtor's insolvency. They are broadly classified into personal guarantees and real guarantees.

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PARENTAL ALIENATION – A FORM OF PSYCHOLOGICAL VIOLENCE

Author(s): Alina-Raluca Sarchisian / Language(s): English Issue: SI/2024

Parental alienation is a complex phenomenon that occurs in high-conflict custody disputes, where one parent influences a child to reject the other parent unjustifiably. The alienating parent may use manipulation techniques, false accusations, and emotional blackmail to drive a wedge between the child and the target parent. This behavior not only affects the parent-child relationship but also has long-term psychological consequences for the child and the family as a whole. Children who experience parental alienation often display symptoms of loyalty conflicts, anxiety, depression, and low self-esteem. They may align themselves completely with the alienating parent and refuse contact with the other parent, even in the absence of any actual harm or abuse. This distorted perception of reality can impair their ability to form healthy relationships in the future and contribute to emotional difficulties later in life. As a serious issue, parental alienation requires a multidisciplinary approach to resolve. By understanding the psychological mechanisms underlying alienating behaviors and implementing evidence-based interventions, we can work towards mitigating the harmful effects of parental alienation on children and families. It is essential for society to raise awareness about this phenomenon and provide support to families affected by it, in order to promote healthier parent-child relationships and prevent long-term emotional harm.

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НЯКОИ ВЪПРОСИ ОТНОСНО ПРИДОБИВНАТА ДАВНОСТ НА НЕДВИЖИМИ ИМОТИ

Author(s): Asen Vodenicharov / Language(s): Bulgarian Issue: 1/2024

The purpose of the present presentation is to address some issues related to the elements of the factual composition of the prescription of acquisition, the presumption of Article 69 of the Law of Property, both about the possessor and the existence of possession in co-ownership. The issues relating to the invocation of an already expired prescription in favor of the possessor and the legal consequences associated with acquiring a title deed, as well as in the presence of competing acquisition grounds, are examined.

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3. Probleme speciale privind termenul de promovare a contestației actelor emise în cadrul procedurii achizițiilor publice

Author(s): Carmen Mihaela Voinescu / Language(s): Romanian Issue: 02/2020

The time limit for filing the challenge against a document of the contracting authority by the person who is deemed as injured due to its adoption, shall include nuances, as in practice there are difficulties to establish the moment from which it begins to run, or even the moment when it is deemed as expired. Closely related to these circumstances, there is also the question of existence or not of the interest, as an essential condition for filing any legal action, therefore, including the challenge set forth in art. 8 para. 1 of Law no. 101/2016 as regards the tenderer declared to be successful, by which the decision of declaration of the admissibility of the unsuccessful bid is challenged.

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СЕМЕЙНОПРАВНИТЕ ПРЕДИЗВИКАТЕЛСТВА НА НОВОТО ВРЕМЕ

Author(s): Mariya P. Petrova / Language(s): Bulgarian Issue: 1/2024

In the last nearly two decades, Bulgarian family law has faced a number of challenges of the new era. The model of the family and the relationships within it have changed, including its existence in and out of marriage. There is convergence of the Bulgarian legislation with the legislation of the European Union. More and more specific hypotheses arise in family law relations, and all this has given rise to the need for adequate legislative changes in the national legislation of Bulgaria. This presentation is an attempt to outline and systematize the main guidelines in the development of family law and its future development, emphasizing the latest legislative authorizations of traditional hypotheses, as well as the trends for the development of family law in Bulgaria.

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2023-2024 GAZZE SAVAŞININ ORANTILILIK İLKESİ KAPSAMINDA DEĞERLENDİRİLMESİ

Author(s): Anas Zeineddin / Language(s): Turkish Issue: 65/2025

International humanitarian law obliges warring parties to adhere to certain ethical and legal rules during armed conflicts. Within this framework, the principle of proportionality requires that the expected military advantage from an operation be balanced against the harm that might be inflicted on civilians. However, the military operations conducted by Israel in the Gaza Strip from October 7, 2023, through 2024 have sparked intense debate in the international arena, with allegations of significant violations of this principle. Notably, the scale of civilian harm, attacks on healthcare facilities, and the destruction of critical infrastructure have heightened concerns regarding breaches of the proportionality principle. This study examines these incidents in detail—focusing on intensive aerial bombardment, the targeting of hospitals, the destruction of infrastructure, and the inadequacy of evacuation orders—and evaluates them through the lens of the proportionality principle. The findings indicate that these military operations contravene the principle of proportionality and cast doubt on Israel’s claims of compliance with international humanitarian law.

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ПРИДОБИВАНЕ НА ПРАВО НА СОБСТВЕНОСТ ВЪРХУ КОРАБ ПО ДАВНОСТ

Author(s): Anna Nikolova / Language(s): Bulgarian Issue: 1/2024

The real estate status of the ship is regulated in the Merchant Shipping Code and it does not contain rules for the acquiring the rihgt of ownership of vessel by prescription. At the same time The Property act regulates the acquiring the rihgt of the areal and real property by prescription. In the present work, the author clarifies the question of whether the vessel, which is also the areal property, can be acquired by prescription.

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КРИТИЧНИ БЕЛЕЖКИ ПО ПРОМЕНИТЕ В ГПК И ЗАКОНА ЗА МЕДИАЦИЯТА, С КОИТО СЕ УРЕЖДА ЗАДЪЛЖИТЕЛНАТА МЕДИАЦИЯ ПО ВИСЯЩИ ГРАЖДАНСКИ ДЕЛА

Author(s): Atanas Simeonov Ivanov / Language(s): Bulgarian Issue: 1/2024

On 25.01.2023, the 48th National Assembly of the Republic of Bulgaria adopted amendments to the Mediation Law, which are scheduled to enter into force on 01.07.2024. The amendments mainly include the introduction of mandatory referral (first meeting) to mediation by the court of the parties in 6 types of cases, before the start of the trial, as well as the inclusion of the possibility for the court, at its discretion, to oblige the parties to resolve the dispute through mediation in 12 other types of cases.

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ПРАВО НА ПЕНЗИЈУ КАО СТЕЧЕНО ПРАВО

Author(s): Ivana Grubešić,Ivana Grubešić,Radislav Lale,Radislav Lale / Language(s): Bosnian,Serbian Issue: 4 (1)/2024

The right to a pension is one of the basic social rights that also belongs to the corpus of human rights. Although it is not explicitly stated as one of the human rights within the European Convention on Human Rights of the Council of Europe, and is exclusively regulated within the framework of the Revised European Social Charter, the extensive judicial practice has established that the right to a pension enjoys protection also within the framework of Article 1 of Protocol 1 of the Convention, “protection of property“. In this regard, the research will be focused on the aspect of providing the right to a pension as a right to acquired property and the possibility of simultaneously establishing another human right - the right to work. There are diverse approaches to this issue within the legal systems of European countries, which the European Court of Human Rights takes into account due to the wide margin of appreciation of the states’ regulation of social systems. Although the principled position is taken that the right to a pension is an acquired right, and restricting it for the purpose of realizing the right to work is considered unfounded, the legal relationship between these two rights is far more complex when considering special types of pensions - disability pensions, early retirement, special pension provisions etc. The stated research problem will be specifically considered within the entities’ legislation of the pension and disability insurance system in Bosnia and Herzegovina, in the light of recent court rulings and amendments to entity laws on pension and disability insurance.

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ARTIFICIAL INTELLIGENCE AND THE RIGHT OF THE CHILD

Author(s): Nora Ban-Forgacs,Kitti Mezei,Ivan Halász / Language(s): English Issue: 4 (1)/2024

The advent of Artificial Intelligence (AI) technologies has profound implications for children’s rights, providing both transformative opportunities and significant challenges. As AI systems become increasingly integrated into various aspects of children’s lives—from education and healthcare to entertainment and social media—ensuring the protection and promotion of children’s rights is paramount. Since Artificial Intelligence (AI) technologies become more integrated into the daily lives of children, it is crucial to evaluate both their potential benefits and associated risks.

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“THE TROUBLE WITH GENDER” IN THE CONSTITUTION ACT OF THE REPUBLIC OF SRPSKA (BOSNIA AND HERZEGOVINA)

Author(s): Dijana Zrnić / Language(s): English Issue: 4 (1)/2024

Fast expanding gender movement, which is acting in the promotion of sexual and reproductive rights and liberties, has been struggling lately to verbalise its agenda and to supplement national legislations with its policy. In support of such a programme, at the Conference in Istanbul in 2011, the Council of Europe offered a set of recommendations on the protection of women and families against gender-based violence (the Istanbul Convention). Consequently, a majority of member countries, including Bosnia and Herzegovina, signed and ratified the Convention. Ever since its ratification, Bosnia and Herzegovina and its entities, including the Republic of Srpska, have been driving their legislative apparatus to creating a regulatory framework that would meet the requirements of the Istanbul Convention. However, after years of non-critical adjustment of the legal system to the recommendations of the Convention, certain interest groups (civil societies, non-governmental organisations, and religious communities) in the Republic of Srpska have recognised a subversive gender ideology standing behind this prima facie human rights and fundamental freedoms protection act.

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THE NEED TO PROTECT THE NATIONAL FOREST FUND IN THE CONTEXT OF CLIMATE CHANGE

Author(s): Dan Alexandru Gună / Language(s): English Issue: SI/2024

The article deals with the complex issue of national forest protection in the context of the increasingly worrying phenomenon of climate change, which is also evident in our country. Finding an appropriate balance between the implementation of international and EU commitments for sustainable environmental management in general, and forest management in particular, and an efficient economic use of this resource is a particular challenge for the Romanian authorities faced with problems related to combating illegal deforestation, the damage to priceless virgin forests or the reduction of green spaces in large urban agglomerations. Achieving an effective, up-to-date legal framework for sustainable forest management and the broader issue of climate change are legislative priorities that are unfortunately being adopted very slowly by decision-makers. The study first presents the international regulations relevant to the issue analyzed, especially those at the UN level, but also a brief overview of the EU approaches in the field. Next, the situation of the national forest fund is analyzed, with the analysis of official statistical data as well as data provided by the academic environment, NGOs, after which the article analyzes the domestic legal framework, starting with the Constitution and the Forest Code, a normative act of great importance in establishing the national forest fund regime. The Romanian authorities have tried to adapt the legislation on forests to the new realities, including climate change, but also to implement the comments received from European forums on taking appropriate measures to protect forests (virgin and not only) which play an essential role in the sustainable development of society.

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THE PROCEDURE FOR ADMINISTRATIVE CHANGE OF NAME IN ROMANIA

Author(s): Ramona Duminică,Andreea Drăghici / Language(s): English Issue: SI/2024

Currently, the change of the name of a natural person by administrative means is stated by the Civil Code, by the republished Law 119/1996 on civil status acts and by the Methodology on the uniform application of civil status provisions. On the basis of these normative acts, this article distinguishes between the institution of a change of name and the institution of its re-transcription and that of a change of surname and analyses the procedure to be followed by the person wishing to change his or her name.

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ЗАЩИТА НА ПОРЪЧИТЕЛЯ ПО ДОГОВОР ЗА ПОТРЕБИТЕЛСКИ КРЕДИТ ВЪВ ВРЪЗКА С ПРИЛОЖЕНИЕТО НА ЧЛ. 23 ЗПК

Author(s): Denica Bozhidarova Petkova / Language(s): Bulgarian Issue: 1/2024

The purpose of this article is to consider the legal consequences of the invalidity of a consumer credit agreement in relation to the guarantor. The surety's obligation duplicates the principal's bond and gives rise to serious commitments for the person who undertakes it, the consequence of which is the encumbrance of his own property with a financial risk that is often difficult to calculate. Consumer protection is one of the main sections of EU law and applies to the guarantor - a natural person.

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Katarina Jovičić, Slobodan Vukadinović: Neizvršenje ugovora, odgovornost i naknada štete

Author(s): Jovana Popović / Language(s): English Issue: 1/2025

Katarina Jovičić, Slobodan Vukadinović. 2023. Neizvršenje ugovora, odgovornost i naknada štete (Nonperformance of contracts, liability, and compensation for damages). Belgrade: Institut za uporedno pravo, 228.

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