Рішення Європейського суду з прав людини як джерело права України

Author(s): O. Sydorenko / Language(s): Ukrainian Issue: 129/2015

Problem setting. Problems of determining the place of the European Court of Human Rights in the system of sources of law in Ukraine. The problem remains relevant sources of law. Difficult to determine the sources of law related to the lack of clear criteria. Modern civil law countries are hundreds and thousands of decisions of courts of different instances. Therefore, jurisprudence is a source of rights of the Romano-Germanic legal family, particularly Ukraine. Any systematization of legislation can not provide the necessary level of detail of regulation. Right of modern continental Europe developed it as a precedent.Recent research and publications analysis. Until today, analyzed and spoken about the need to implement a judicial precedent for reforming the legal system of Ukraine, many scientists. In this area next scientists showed their interests: K. Andrianov, M. Buromenskiy, A. Bushchenko, Lutkovska V., V. Paliyuk, P. Rabinovich, N. Radanovych, D. Suprun, S. Fedyk, S. Shevchuk and others. On the need to implement judicial precedent for reforming the legal system of Ukraine also said other scientists: A. Selivanov, M.Koziubra, M. Miller, M. Gray, V. Nor, L. Lutz, W. Kotyuk, S. Shevchuk, V. Navrotskyi, G. Shmelev, B. Malyshev, A. Kuhnyuk, D. Kyrylyuk, V. Shishkin.Paper objective. The goal is to deepen scientific knowledge of the harmonization of Ukrainian legislation with the European legal systems; rethinking the relationship to legal precedent; the need to implement judicial precedent in the legal system of the country; the level of detail necessary legal regulation; the ability of the legal system to respond to the dynamic development of social and economic institutions. The object of study is the source of law governing social relations, in particular, the case law. Purpose of the study is the European Court of Human Rights as a source of law in Ukraine.Paper main body. Identify features of the European Court of Human Rights should be based primarily on the current legislation.Ukraine at the legislative level has recognized the compulsory jurisdiction of the European Court of Human Rights. Convention for the Protection of Human Rights in accordance with Art. 9 of the Constitution is part of the national legislation of Ukraine. Ukrainians are very actively traded in the European Court of Ukraine is one of the leaders of appeals last few years. Most often, the applicants complain about the violation of the right to a fair trial. Many complaints of torture and inadequate conditions of detention. The decision of the European Court can be considered as the official form of clarification of fundamental rights of every person, and enshrined in the Convention. This is part of national law and a source of legal regulation and enforcement in Ukraine. Implementation of the Convention and the decisions of the European Court as a source of law in Justice of Ukraine were developed in the course of judicial reform. The decision of the European Court concerning the official interpretation and application of the Convention and binding on the States – Parties to the Convention.Conclusions. The decision of the European Court must be ideological and legal basis for justice in Ukraine. Case law system is the most common in the world - it's a well known fact. Is increasingly recognized in Ukraine and the importance of the role of jurisprudence of the European Court.

Ролята на “Soft Law” за правното регулиране на международните търговски и граждански отношения

Author(s): Ekaterina Mateeva / Language(s): Bulgarian Publication Year: 0

The present article examines the role and importance of ‘soft law’ sources for the regulation of international commercial and civil relations in the contemporary world. Object of study are different types of optional instruments, such like Model Laws, Principles, Uniform Rules etc. prepared by UNCITRAL, UNODROIT, ICC and other international organizations. They provide a pattern that law-makers in national governments can adopt as part of their domestic legislation on private law. These rules are not enacted as legislation and therefore not binding in nature, but they could be selected by parties as part of their contract. Under analysis are also the Principles of European Contract Law (PECL), Principles of European Tort Law (PETL), Principles of European Family Law (PEFL), Principles of European Insurance Contract Law (PEICL), as well as the Draft Common Frame of Reference (DCFR) and their importance for the future European Civil code.

Ролята на благотворителните фондове при защитата на недвижимото културно наследство в Италия: „Държавноориентираният“ модел срещу алтернативните решения, основани на частната собственост

Author(s): Letizia Casertano / Language(s): English Publication Year: 0

This paper’s main objective is to identify the key role that alternative regimes based on integration and cooperation between public regulatory authorities and private property could play within the context of protection and enhancement of cultural property. In this regard, The National Trust in the United Kingdom has inspired innovative solutions all around the world, including also Italy where foundations are taking on an increasingly important role in the protection of immovable cultural heritage, in parallel with the broader consensus regarding the participation by the private sector at different levels. Due to insufficient public funding and infrastructure in this area, the involvement of the private sector is crucial, and this in turn calls for the implementation of virtuous regimes governing cooperation between public and private institutions.

Ролята на петициите в контекста на прилагането на правото на Европейския съюз

Author(s): Anna Adamova / Language(s): Bulgarian Issue: 1/2017

One of the fundamental rights of every European citizen is the right to petition to the European Parliament under the TFEU. In the following research petitions are seen as a useful source of information for detecting potential violations and breaches in the implementation of EU legislation, as well as a useful tool for better assessing the impact that EU legislation has on people’s daily lives.

Ролята на правото в основните теории за международните отношения

Author(s): Boryana Aleksandrova / Language(s): Bulgarian Issue: 4/2013

Ролята на р. Дунав в Европейската водна транспортна система

Author(s): Sibila Simeonova / Language(s): Bulgarian Issue: 2/2008

Ролята на теорията на правото в европейската правна традиция и в България

Author(s): Dimitar Hanev / Language(s): Bulgarian Issue: XVI/2017

Theory of law plays a significant part in the process of formation of modern legal systems in Europe for the last 150 years. The paper aims to present the commonalities and the divergences in the legal-theoretical tradition both in Europe and in Bulgaria.

РУСИЯ НА КРЪСТОПЪТ: ВЪНШНОПОЛИТИЧЕСКИ ПРИОРИТЕТИ НА МОСКВА В НОВАТА АРХИТЕКТУРА НА СИГУРНОСТТА СЛЕД СТУДЕНАТА ВОЙНА

Author(s): Nadia Boyadjieva / Language(s): Bulgarian Issue: 1/2019

The end of the Cold War and the subsequent disintegration of the Soviet Union left the newly independent Russian Federation in an international environment very different from the Cold War system.WhenBoris Yeltsin and his government began to build the foundations of Russia's foreign policy and security strategy, they facedbothdomestic challenges as well as the pressures of the international system. This study explores the most important political and military-strategic aspects of the Russian government's foreign policy doctrine and security strategy in the 1990s, the debate within Russian political, militaryand academic circles on Russian foreign policy and security strategy. It alsohighlights Russia's new place in the European security system and in the larger international system.

Ръководство за наблюдение на принудително връщане

Author(s): Author Not Specified / Language(s): Bulgarian

The governance of migration flows largely depends on the development of an effective system for returning illegally staying foreigners. Forced return is seen as a "last resort" in the prevention of irregular migration and should be subject to the principles of proportionality and not exceeding reasonable force. In this regard, there is agreement that monitoring of return not only brings openness and clarity on the conditions and treatment, but represents an additional guarantee for the return of persons, including those with special protection needs. In this context, the introduction of an independent and effective monitoring mechanism is a key aspect for the development of the overall framework for forced return in accordance with Directive 2008/115/EC. The aim of the Handbook for forced return monitoring is to provide practical guidance and recommendations to independent observers and standardised report for forced return monitoring. This Handook is developed within the Annual Programme 2013 in scheme grants BG / RF (3) - 2013 "Forced return monitoring" by the Center for the Study of Democracy.

Ръководство на Unidroit за международен франчайзинг

Author(s): Ventsislava Zhelyazkova / Language(s): Bulgarian Issue: 1/2002

Сonsumer Rights, Competition and Intellectual Property Protection Regimes in the EaP Countries at the Cross Roads: EU Requirements and Reality

Author(s): Oksana Holovko-Havrysheva / Language(s): English Issue: 1/2021

Unlike the protection of the intellectual property or competition, the cooperation of the EU with the EaP countries in consumer protection matters belongs to the topics which are not prioritized by the bilateral and multilateral cooperation agenda and fora. Rooted in different contractual framework, the cooperation in consumer protection matters, in the cases of the competition and intellectual property rights protection, is linked mainly to the approximation of legislation and regulatory practices used by the EaP countries to fulfil their obligations. This article aims to compare the EaP countries practices dealing with the consumer protection, competition protection and intellectual property protection regimes in order to identify the potential impact the properly ensured competition and effectively enforced intellectual property rights can cause on the level of the consumer protection as an effect of the proper and due approximation of the relevant legislation to the EU standards.

САВЕТОВАЊЕ ,,ПPABHA ЗАШТИТА ЧОВЕКА У ОРУЖАНИМ СУКОБИМА И ОДГОВОРНОСТ ЗА ЗЛОЧИНЕ ПРОТИВ ЧОВЕЧНОСТИ И МЕЂУНАРОДНОГ ПРАВА" И ОКРУГЛИ СТО ,,ЈУГОСЛОВЕНСКО КРИВИЧНО ЗАКОНОДАВСТВО У КОНТЕКСТУ НОВИХ УСТАВНИХ РЕШЕЊА”

Author(s): Adisa Delić,Silvija Panović-Đurić / Language(s): Serbian Issue: 5/1992

Савремени тероризам

Author(s): Ivana Kojadinović / Language(s): Serbian Issue: 4/2009

Contemporary science has made significant and numerous efforts to come up with a suitable definition of terrorism. Even though the threat has become a global one, the justice has not arrived on the scene yet. The lack of the unique definition within OUN leaves a lot of free space for powerful countries to determine their own standards for definitions of terrorism and such fact often leaves space for emergence of double standards. By comparing existing definitions of terrorism, this paper intends to shed a new light on international and domestic scientists’ work and their contribution in determining this important issue. The battle against terrorism is one of the most important questions of our era. Like in the case with other social phenomena, terrorism can be suppressed by eliminating its deeply penetrated causes. Humanity needs to rise above selfish political benefits and regard the subject of terrorism for the sake of all mankind for purpose of preserving lives and human dignity. There are many obstacles in defining terrorism, as for 200 years of its existence the definition has been changed many times. Human kind has fought for so long to establish its rules and laws and yet, in the 21st century it is facing the kind of aggressive way of fighting and struggle in the form of terrorism that hardly succumbs to any laws. Terrorism has taken many casualties and brought fear on the scene on global level. Conflicts and wars around the world approximately have been taking more than 2000 lives daily. Poverty, frustration, misery and despair have left many people helpless and ready to sacrifice their own life and lives of many innocent people in order to address the public and send the outcry to show their own pain through various violent terrorist acts. Even though there is no justification for those acts, these issues should be addressed with great care and attention. International law and finding the definition of terrorism could be a good start in finding the solution to this problem.

САВРЕМЕНО КРИВИЧНО ПРАВО КАО ИЗРАЗ ГЛОБАЛИЗАЦИЈЕ

Author(s): Dragan Jovašević / Language(s): Serbian Issue: 76/2017

У савременим друштвеним, политичким, економским и безбедносним условима, када нестају бројне разлике између појединих континената, држава и делова света услед нарастајућих утицаја глобализације, и право добија посебну и специфичну димензију. Та појава је најкарактеристичнија управо у области кривичног права. Настало паралелно са настанком државе уопште и уско повезано са државним суверенитетом, кривично право представља право на кажњавање учинилаца кривичних дела која су прописана у националним законима. То право на кажњавање произилази из права власти – ius imperium. Но, данас криминалитет различитих облика и видова, посебно транснационални организовани криминалитет, превазилази границе и могућности једне или више држава и постаје проблем међународног, глобалног карактера. Он тако постаје предмет одређивања међународног и транснационалног кривичног права. С њима су у вези и упоредно кривично право, као и регионално кривично право – у првом реду европско кривично право. У раду се управо анализира утицај процеса глобализације на ове нове појавне облике кривичног права.

Савремено тржишно привређивање - претње по животну средину

Author(s): Jovica Marković,Ivana Milošević / Language(s): Serbian Issue: 41/2012

The imperative of constant production and consumption resulted in depletion of natural resources and the generation of large quantities of waste. This paper is reviewing the causes of growing economic, environmental and social problems. We tried to investigate the responsibility of the individual and / or systems, and the role of the state in controlling these processes. We analyzed the mechanisms and motives of the modern market economy, aiming to show that the dominant economic principles affect the harmony of the ecosystem. Conducted research we are coming to the conclusion that the truce and reconciliation ecology and economy possible and necessary in certain concessions by the second one.

САНКЦИЈЕ У МЕЂУНАРОДНОМ ПРАВУ

Author(s): Momir Milojević / Language(s): Serbian Issue: 4-6/1997

Санкционисање држава чланица ЕУ због неизвршења пресуда суда правде и необавештавања о спровођењу директива

Author(s): Zoran Radivojević,Nebojša Raičević / Language(s): Serbian Issue: 2/2017

The Lisbon Treaty sets out two procedures where the Court of Justice may impose financial sanctions on EU Member States which fail to comply with their obligations under EU law. The first procedure is laid down in Article 260(2) TFEU, concerning cases when a Member State has failed to comply with an earlier judgment of the Court. The second option is a new legal solution introduced by the Lisbon Treaty in Article 260(3), under which the Court may impose sanctions on a Member State that has failed to notify the Commission about the national measures for transposing a directive adopted under a legislative procedure. If the Court finds that the Commission’s allegations are true, it may impose penalty payment or a lump sum. Pursuant to Article 260(2), the Court is free to determine the sanction amounts, whereas the penalty payment or lump sum imposed pursuant to Article 260(3) must not exceed the amount specified by the Commission.

Санкционната система в италианското право на културните ценности

Author(s): Paolo Garbarino / Language(s): Bulgarian Publication Year: 0

Within the Code of cultural heritage and landscape of the year 2004 (Codice dei beni culturali e del paesaggio – d.l. 22 gennaio 2004 n. 42) a significant part is devoted to the sanctions (Articles 160–181), thus leading to the conclusion that a real and essential sanction system safeguarding the cultural heritage has been established.The norms in the Code envisage mainly sanctions of administrative nature (Article 160–166), which I will present briefly. The Code also contains provisions regarding the invalidity of all legal acts violating the provisions of the Code itself, which seems to be entirely of civil law nature. I will also discuss those provisions, which constitute certain discrepancies in light of their interpretation by the Italian Court of Cassation.Then, in a synthetic elaboration I will focus on the norms envisaging sanctions of criminal nature (Articles 169–180). The emphasis can actually be on the fact that this Code does not exhaust the criminal matter concerning protected cultural values and landscape but its norms are added to those in the Italian Criminal Code although this creates a possibility for manifestation of some problems when coordinating their application.Another aspect that will be presented is the fact that in some cases the norms of criminal nature in this Code concern violations of the law related to endangering, most often consisting of the absence of request to the competent administrative authorities (The Ministry of Cultural Heritage and its divisions) for granting permissions or giving concessions: these violations are considered performed even if the relevant cultural site has not suffered any damages due to such absence. Some scholars raise the issues of the constitutionality of these norms due to their too general content or because they are founded on not so well-defined requirements of the administrative offices.In conclusion, the issues related to the actual efficacy of the sanction system in its complex form will be discussed, by presenting some proposals for its review so that it can be more effective in the field of protection of cultural values.

СБОРНИК В ЧЕСТ НА 70-ГОДИШНИНАТА НА ПРОФ. Д-Р ЕМИЛ КОНСТАНТИНОВ

Author(s): / Language(s): English,Bulgarian

The collection contains studies and articles from all areas of legal science, united by the authors' respect to Prof. E. Konstantinov and presenting topical legal issues.The collection will be useful to specialists interested in international law and international relations, scientists from all branches of law, lawyers and students.

Сборник от научни четения, посветени на 140-годишнината от приемането на Търновската конституция

Author(s): / Language(s): Bulgarian

In 2019, 140 years have passed since the adoption of the Tarnovo Constitution. On this occasion, the Departments of Public Law and Criminal Law at the Faculty of Law of Plovdiv University "Paisii Hilendarski" organized scientific readings to mark the 140th anniversary of the Tarnovo Constitution.This collection contains the main materials presented by the participants - scientists from law faculties and other scientific institutions in the country, and this is an indisputable testament to the representative nature of the event. The collection presents works of both established names in legal science and young authors who publish some of their first scientific works. We hope that the proposed research will arouse the professional interest of all representatives of the legal profession, and that the collection will be a useful read for both teachers and students of law, as well as for practicing lawyers.