Теоретическое наследие Д.И. Фельдмана

Author(s): Natalia Evgenievna Tyurina,Nelli Vasilievna Afonichkina / Language(s): Russian / Issue: 4/2020

This paper commemorates the 100th anniversary of the Republic of Tatarstan. The most important results of research in the field of international law, which has always been a pride of Tatarstan, were discussed. The advance of international law science in Tatarstan is associated with David Isaakovich Feldman, Professor of the Faculty of Law of Kazan University. D.I. Feldman was the alumnus of Moscow Law Institute. He began his professional activity in Kazan and worked here up to his last days. He has become a symbol of the Kazan school of international law, which has been ahead of many other universities in Russia. In this paper, a brief overview of his most important publications that constitute both a theoretical basis for research in many brunches of international law and a sample of scientific narration for new generations of international lawyers was provided. D.I. Feldman’s legacy covers the following areas: history and science of international law, as well as its methodology and categories. The most important results of D.I. Feldman’s methodological studies were analyzed. His contribution to the development of certain categories of international law and to the solution of the problems of legal capacity and recognition in international law was considered. It was concluded that D.I. Feldman is a key figure in the advance of current international and national legal practice.

Тероризъм - европейско сътрудничество и органи за борба с него

Author(s): Mihail Iliev / Language(s): Bulgarian / Issue: 1/2009

The term "terrorism" is derived from the word "terror", "terrorist act", which is a word of Latin origin and means fear, horror. In the 1956 political dictionary, terror is the most acute form of struggle against a violent political opponent, including the physical destruction of the class adversary and the organization of political killings. Although it does not have a legal definition of the concept, it can be defined as a socially dangerous act in which force or threat is used to achieve certain political purposes.

Техника закључења међудржавних уговора под окриљем међународних организација

Author(s): Zoran Radivojević / Language(s): Serbian / Publication Year: 0

The establishment of a number of international organizations and further development of their specific functions has brought about significant changes in the traditional technique of concluding international treaties. In effect, the role of state parties is prominent only at the end of the treaty process, when giving their consent to be bound by treaties, while most of the groundwork in the prior phases of proposing, drafting, adopting and authenticating the treaty text is exercised by international organizations. The prior activities of international organizations have engendered a new technique of concluding international treaties, by means of which the traditional treaty process has been gradually institutionalized and thus deprived of its strictly contractual nature. The elements of institutionalization are reflected in the fact that individual initiatives and actions of states are increasingly giving way to systematic activities of international organizations that encourage, propose and assist the member states in the process of concluding international treaties. The departure from the concept of con¬tractuality occurs in the phase of drafting the treaty because the prospective contracting states are not directly involved in the construction and writing of the provisional text of the treaty. This task is left to the professional bodies composed of independent individuals who are selected to perform the task in the capacity of experts in the specific field rather than state representatives. Despite the significant role they play in the treaty process, international organizations are not parties to the international treaties concluded under their auspices. A large number of treaty-related activities performed by international organizations are only administrative and technical in character. Therefore, they act as intermediaries or sponsors of the member states’ treaty activities. The exercise of this function facilitates the establishment and subsequent exercise of the rights and obligations assumed by the states upon concluding the treaty.

Традиционните критерии за държавност

Author(s): Stoyan Memtsov / Language(s): Bulgarian / Issue: 1/2018

The present article examines the so called traditional (classic) criteria of statehood, based on the principle of effectiveness – permanent population, defined territory, effective government, ability to enter into relations with other states and independence. Its purpose is to clarify their nature and scope and their place in the contemporary international law.

ТРАНСПОЗИЦИЈА СТРАНИХ СТВАРНИХ ПРАВА НА ПОКРЕТНИМ СТВАРИМА ПРЕМА НАЦРТУ ЗАКОНА О МЕЂУНАРОДНОМ ПРИВАТНОМ ПРАВУ

Author(s): Slavko Đorđević / Language(s): Serbian / Issue: 1/2013

Transposition in Private International Law enables transformation of unknown foreign right in rem over movables imported in Serbia into the closest domestic equivalent. Having in mind that the Serbian Code of Private International Law from 1982 contained no provisions dedicated to this issue, it comes as no surprise that the case law of domestic courts has also remained silent on this topic. However, following comparative doctrinal and practical tendencies, working group of the Serbian Ministry of Justice, entrusted with drafting of the new Code of Private International Law, decided to include transposition of unknown rights in rem within the Art. 118 of the Draft. The focus of the present paper is on careful analysis of these provisions and potential implications and benefits of the transposition of foreign rights within the scope of the Serbian legal system. At the outset, the paper focuses on the problem of changing of the situs of movable property and how this impacts on the actual need of a legal system for transposition of unknown rights in rem acquired abroad. Followed by a detailed discussion of Art. 118 of the Draft Code of Private International Law, the paper turns to inspection of all the legislative nuances of the rules on transposition (general rules on transposition of unknown rights in rem contained in the first two paragraphs of the draft article, as well as special rules on transposition of unknown non-possessory security rights into Serbian registered non-possessory pledge from the last two paragraphs of Art. 118). In the final part of the paper, particular emphasis is given to analysis of a so called theory of acceptance (Hinnahmetheorie), its view on tolerable adaptation of unknown rights in rem in the new situs and how all of this reflects the application of the rules on transposition of rights.

Транспорт и транспортна безопасност (Продължение от бр. 2/2010 година на списаниението)

Author(s): Ralitsa Kostadinova / Language(s): Bulgarian / Issue: 3/2010

In recent years the topic of transport and its legal protection of offenses leading to serious consequences in the form of injuries or death, gained higher importance. Various ways and means are looked for in order to counter transport accidents and lower the casualties, both in European and national plan. Modern research of these questions requires to clarify the nature of transport as a form of human and social activitiy through a historical overview of the stages of its development. Thus, the historical method of research facilitates the thorough study of transport safety by way of analysis of its characteristics in the different periods of human existence. In recent years the topic of transport and its legal protection of offenses leading to serious consequences in the form of injuries or death, gained higher importance. Various ways and means are looked for in order to counter transport accidents and lower the casualties, both in European and national plan. Modern research of these questions requires clarifying the nature of transport as a form of human and social activity through a historical overview of the stages of its development. Thus, the historical method of research facilitates the thorough study of transport safety by way of analysis of its characteristics in the different periods of human existence.In recent years the topic of transport and its legal protection of offenses leading to serious consequences in the form of injuries or death, gained higher importance. Various ways and means are looked for in order to counter transport accidents and lower the casualties, both in European and national plan. Modern research of these questions requires clarifying the nature of transport as a form of human and social activity through a historical overview of the stages of its development. Thus, the historical method of research facilitates the thorough study of transport safety by way of analysis of its characteristics in the different periods of human existence.

Транспорт, контрабанда и организирана престъпност

Author(s): Tihomir Bezlov,Philip Gounev,Emil Tzenkov,Petkan Iliev / Language(s): Bulgarian

The report analyses the participation of transportation companies in smuggling practices, more specifically: • it examines and describes a range of companies and individuals involved in organized crime groups whose main business is the trafficking of consumer goods; • it also gives and overview of the criminal and semi-legal networks involved in smuggling Chinese and Turkish goods; • it presents new data on oil and oil products smuggling; • it examines the role of duty-free shops and their involvement in illicit cigarettes imports.

Трансфер на пробационни мерки, постановени в държави-членки на Европейския съюз

Author(s): Ralitsa Kostadinova / Language(s): Bulgarian / Publication Year: 0

Under the Bulgarian Criminal law the court may impose probation as punishment or impose a probation measure during the testing period in the case of suspended sentence and early release. Once imposed they become part of the probation regime during test period and any failure to observe them triggers consequences unfavorable for the sentenced person. The adhesion of our country to the European Union in 2007 and the free movement of persons and services faced criminal justice science with new challenges. In 2012 Bulgaria transposed Council Framework Decision 2008/947/JHA dealing with the transfer of probation measures and the application of the principle of mutual recognition of probation decisions and alternative sanctions. The basic principles and aims of the Decision are implemented in the national legislation through the Act on the recognition, execution and forwarding of judgments and probation decisions for the purposes of supervision of the probation measures and alternative sanctions.

Трансформиране и транспониране на международни норми в националното законодателство

Author(s): Orlin Borisov / Language(s): Bulgarian / Issue: 2/2012

The article addresses the problems of the relationship and interaction of two systems of law: international and national. Cases of illegal transformation are studied with regard to transformation of international law in internal law. In relation to the transposition of the law of European Union some aspects of the European arrest warrant are examined. The different relations between international law (and EU law) and national law after transformation and transposition of international norms in national law are analyzed.

Трафик на хора - престъпление по българския НК

Author(s): Ralitsa Kostadinova / Language(s): Bulgarian / Issue: 2/2005

This article was presented on the Conference on Countering trafficking in Human Beings, who took place on 7 June at the New Bulgarian University (NBU) in Sofia. The event was organized by Ralitza Kostadinova, Director of the Law programme of the University. Among the lecturers were representatives of the National Service for Combating Organized Crime (NSCOC), Animus Association Foundation, students and teachers from the NBU and other Universities. presented by the Senior Assistant at the Law Faculty in NBU Ralica Kostadinova. The article“Trafficking in Human Beings – a crime according to the Bulgarian Penal Code “ raised of the necessity of synchronizing the Law on Countering Trafficking in Human Beings with the Penal Code in Bulgaria and maked aexperiments to analysing a criminal and legal aspects of this phenomenon.

ТРЕЋИ ФАКУЛТАТИВНИ ПРОТОКОЛ УЗ КОНВЕНЦИЈУ О ПРАВИМА ДЕТЕТА

Author(s): Sanja Đorđević Aleksovski / Language(s): Serbian / Issue: 62/2012

The Third Optional Protocol to the Convention on the Rights of the Child was adopted by the UN General Assembly on December 19th, 2011. It is of procedural nature, for it introduces the possibility of filing individual and inter-state communications before the Committee on the Rights of the Child. In addition to this, the Committee has the competence of initiating investigations ex officio in the case of grave and systematic violations of the rights guaranteed by both the Convention on the Rights of the Child and its protocols. The issue of international assistance and cooperation is also regulated, but no significant changes from the solution of the Convention were made. Despite the initial draft, collective communications were not included in the final text of the Protocol. The adoption of the Third Optional Protocol is the final step in completing the universal system of protection of human rights, since the last of the committees, the Committee on the Rights of the Child, has received powers already existent in other committees. However, it still remains to be seen whether the international campaign of collecting a sufficient number of instruments of ratification or accession for its entering into force, will be worthwhile.

Три новаторски закона в Уругвай – закон за аборта, еднополовия брак и узаконяване на марихуаната

Author(s): Arosena Felipe,Agiar Sebastián / Language(s): Bulgarian / Issue: 1/2021

In 2013, Uruguay shocked the world with three laws passed in just over a year, concerningsame-sex marriage, decriminalization of abortion and marijuana regulation. In this work, we will develop the content of these proposals and explore some of the major causes related to their approval at this historical moment of the country. Finally, the article discusses the virtues and problems of the respective implementations.

ТРУДОВА МИГРАЦИЯ

Author(s): Ganeta Minkova / Language(s): Bulgarian / Issue: 1/2019

The aim of the report is to focus on the deepening work processes in another country that requires research on labor migration. Although Bulgarian legislation uses the terms „labor mobility” and „labor migration”, there is lack of scientific analysis of these law terms. On the one hand, nationals of one Member State are not migrants in another Member State because of the principle of free movement and residence. These nationals have all labor rights that Bulgarian citizens have. On the other hand, third-country nationals are considered as migrants and face some special requirements when they choose to work in Bulgaria. At present, such differences are not overcome by international and European law.

Трудове по международно право – VI том

Author(s): Ruzha Ivanova / Language(s): Bulgarian / Issue: 3/2003

ТУМАЧЕЊЕ МЕЂУНАРОДНИХ УГОВОРА

Author(s): Stevan Đorđević / Language(s): Serbian / Issue: 3-4/2004

Two essential features emerge from the definition of interpreting legal acts in general and international conventions, in particular. The first is a free, intellectual act that is not subject to strict legal rules. Secondly, only the clauses of a convention that are not clear need interpretation, whether they are unclear, ambiguous, or polysemous. Interpretation is connected with the implementation of the convention, but also with the broader meaning of the notion of the convention as a whole. The sense and the significance of the interpretation of the convention lies in the fact that one does not go beyond what the contracting parties have decided. Seeing that international conventions are not concluded in empty space, but within a given international legal order, within which the contracting parties exist, attention will be paid to this background and foundation in the process of interpretation.

Тълкувателната дейност на Съда на Европейския съюз по Регламент (ЕС) 650/2012

Author(s): Ventzislava Zheliaskova / Language(s): Bulgarian / Issue: 7/2017

Regulation (EU) No 650/2012 helps to eliminate obstacles to the free movement of persons within the EU. It is a complex instrument on the regulation of jurisdiction, applicable law and recognition and enforcement of national court decisions and authentic documents. The assertation of rights in the context of a succession having cross-border implications is of great practical importance having in mind the movement of persons nowadays. Due to the great and sometimes substantial differences in national laws of the EU Member States the interpretation by the ECJ of the rules of the Regulation is of extreme importance for the uniform application of that Act by the national courts of the Member States. The article deals with the interpretation by the ECJ of the areas to which the Regulation applies, the acceptance and enforceabilaity of national instruments in matters of succession. The issues commented in the article trace the interference of the Regulation on succession with other instruments of EU law on family matters.

УЗ КОДЕКС О ТРГОВАЧКОЈ ПОМОРСКОЈ ПЛОВИДБИ НР БУГАРСКЕ (МЕРОДАВНО ПРАВО)

Author(s): Mirko Živković / Language(s): Serbian / Issue: 24/1984

Узбурканост у глобалној политици (Од међудржавног поретка до глобалног друштва)

Author(s): Dragan R. Simić / Language(s): Serbian / Issue: 4/2008

International order, almost unchanged during first three centuries of its existence, has been founded on the balance of power, diplomacy, alliances, international law, and after a certain amount of time, on international organizations as its key factors and subjects. Within such order, sovereign and independent states in circumstances of non- existence of basic power, that is, in the circumstances of anarchy but not chaos, do acknowledge and accept joint standards of behavior and activities. It is possible to talk about political, diplomatic, legal, economical and military side of a certain international order: since the notion ‘international system’ is most often used as a synonym for the notion ‘order’, it is necessary to point out that the ‘order’, in contrast to the ‘system’ implies also certain adopted rules of behavior and joint values. as its characteristic trait, alongside with international activities. Each order is system at the same time. On the other hand, there is a question whether, and to what extent, there are relations reflecting social and international order within a certain system. The international order among the states, in particular in last couple of decades, has been infiltrated deeply into the width of global society in statu nascendi, gaining an amorphous shape along the way – there are at least two orders existing and fighting for gaining advantage – one is an order with the states as main subjects, relying on the power balance; the polar power order (not excluding hegemonic and imperial structure of power) and various models of collective security on one side, and on the other side, there is a world order with individuals as its main subjects, that is founded on ideas, norms, values and institutions supporting them; the order of human security and human rights; the rich network of global management being based on new relation toward former dominance of political aspect over economical and environmental one.

УКЛАДЕННЯ ДОГОВОРУ МІЖНАРОДНОГО АВТОМОБІЛЬНОГО ПЕРЕВЕЗЕННЯ ВАНТАЖІВ

Author(s): A. Janowycka / Language(s): English,Ukrainian / Issue: 3/2015

The article analyzed the scientific research of Ukrainian and foreign scientists about concluding civil contracts and contracts of carriage of goods in particular. Installed stages of conclusion the contract of international carriage of goods by road. The legal nature of the offer of the contract of international carriage of goods by road was expounded. Analyzed the acceptance procedure of the offer. Emphasized differences between systems of law on the procedure of entry into legal force of the offer and acceptance. Installed the problems of conclusion of the contract of international carriage of goods by road and their solutions was founded.

Укључење општих услова пословања у уговоре о међународној продаји робе

Author(s): Marija Vićić / Language(s): Serbian / Issue: 1/2015

The issue of incorporation of standard terms and conditions in international sales transactions is very significant in legal practice, as evidenced by the large number of judicial and arbitral decisions. The huge problem is insufficient legislation in this field, as well as on national and international level. The regulation of the incorporation of the standard terms in the contract is usually ignored and interpreted under the offer and contract interpretation provisions. Vienna Convention on the International Sale of Goods, one of the widely recognized legal sources in international sales, although does not provide for explicit rules as well, is suitable for extensive interpretation of its provisions. The extensive interpretation of the Convention provisions is the legal basis for theoretical analysis of this issue and, perhaps it would be used as general guideline for the legislator regarding the question of inclusion of standard terms.