СУЩНОСТЬ ГРАЖДАНСКО-ПРАВОВОГО ДОГОВОРА КАК ЮРИДИЧЕСКОЙ КОНСТРУКЦИИ

Author(s): Yuliya Anatolyevna Serkova / Language(s): Russian Issue: 4/2013

The article analyzes the most common civil approaches to the essence of agreement and the main stages of its conclusion. We reveal the essence of civil law agreement as a combinational legal fact. We make a conclusion that the category of juridical structure is of methodological importance for understanding the nature of civil law agreement. We offer our own definition of civil law agreement as a juridical structure that combines the main scientific concepts relating to the essence of the legal phenomenon under study.

Схватање спољне слободе у делу Владимира Јовановића

Author(s): Predrag R. Terzić / Language(s): Serbian Issue: 2/2013

In his works, Jovanovic highlights the principles on which the fundamental rights should be protected and the freedom of individuals within the state which guarantees it to them. He also advocates for the expansion of the freedom space to those nations that are under the foreign regimes. Freedom for Vladimir is not only the right to unconstrained economic, political and social development, it is an effort to complete the liberation of the Serbs, and other Slavic people. Therefore, patriotism does not appear here as a counterweight to liberalism, but as its supplement or a complement, or as an instrument for spreading liberal ideas. On the other hand, the Serbian freedom can not be understood solely as a national exclusivity of Serbs at the expense of other nations. Jovanovic, completely in the spirit of patriotism, stands for the liberation of the Serbian people from the Austrian and Turkish authorities, however, he does not thereby negate the need for tolerance and cooperation. For Vladimir, freedom is a primary value, and the national freedom is only a part of the path, the phase of the process that results in the realization of the universal freedom. Exactly in the discrepancy of the time when the national liberation movement of the individual Balkan nations was founded, and in the lack of the collective action directed towards their liberation, Vladimir Jovanovic saw the main obstacle for the final collapse of the Turkish Empire. Jovanovic considers the mutual cooperation of the Balkan nations desirable and possible, only if these states harmonize their mutual interests. Thus understood Federation of Balkan states should after the liberation of the Balkans from the Turkish government become a neutralized territory, following the example of Switzerland and Belgium, and it would be in the interests of great forces to guarantee the neutrality of the Balkan states. Jovanovic met with Garibaldi, and in London he talked to Glad- stone, Russian emigrants Bakunin, Agarev and Hercen, and Hungarian revolutionary Kossuth, general Tir and Ferenc Deak. By defining a principle of national liberty as the supreme value, Vladimir understands the danger that when it comes to the areas with mixed nationalities, the dominant people achieves a new kind of supremacy over minorities. Faced with this possibility, he opts for the realization of the principle of equality of nations, based on the Swiss model. Vladimir Jovanovic emphasizes the “political maturity” of the Serbs when it comes to Democracy and thus reaffirms their desire for freedom, but thus, on the other hand, denies its need for the super powers’s tutorship. Vladimir believes, traditional Serbian establishments and traditional customs (fraternity, slava, councils, etc..) may contribute to the creation of a democratic system in Serbia.

Схватање унутрашње слободе у делу Владимира Јовановића

Author(s): Predrag R. Terzić / Language(s): Serbian Issue: 4/2012

In this paper we analyze the internal matters of freedom and liberty within the state borders. Personal freedom is, for Vladimir Jovanovic, the main man’s natural right. Jovanovic, however, is wrong when he says individual freedom can not restrict the freedom of any other member of society. Freedom is the foundation of well-ordered society and the state, the momentum of economic activity and scientific discovery, but freedom can not ensure that social development itself is true. Every government should be limited by the law. For Jovanovic, the law is the same as justice. Not making law inconsistent with the principle of justice, he proposes the following liberal institutional mechanisms: freedom of speech and public control, universal suffrage, freedom of the press and the responsibility of those who execute the law. In terms of form of government, Vladimir advocated a form that is based on the principle of freedom and results from the freely expressed will of the people, whether it is republic or a constitutional monarchy. The vertical structure of power in such a state should be based on broad types of decentralization. Vladimir Jovanovic promoted the necessity of the realization of free economic activity. In the market competition ones receive and others lose. In doing so, the task of government is not only a change in legislation to improve the position of workers, but also social policy measures to help vulnerable.

Сценаријски методи за угрожавање људских права

Author(s): Ljubo Pejanović / Language(s): Serbian Issue: 56-57/2016

This paper aims to point out to the existence and frequent recourse to the dangerous scenarios by means of which someone is threatened or blackmailed by force or extortion, in order to achieve objectives and interests, whether political, military, economic or another. Scenarios as a method of achieving precisely defined goals and interests are, in fact, a system that includes the state, government representatives, citizens and all the values that are of vital interests of those who had planned to carry out targeted interest. These acts violate human rights and legal norms of the state nation. The range of potential causes, attacks, threats and disorder cause a crisis in a specially selected or a particular country or society with significantly enhanced and linked system to effect the desired result. In order the scenarios to have planned success, often a decision is made to apply the proven methods, through risk assessment, assessment of the result of a threat, vulnerability and sensitivity of the victim, as well as the estimate of the resistance and risk assessment for the performers of scenarios. So, for all these performers of scenarios they do not represent a violation of human rights, and are contrary to all the rights guaranteed to them others must respect.

Съвременна международна и вътрешно-правна рамка на системата за закрила на детето

Author(s): Anna Tselova / Language(s): Bulgarian Issue: 1/2022

During the last twenty-one years in the Republic of Bulgaria the current system for protection of children at risk has been developing. The main purpose of the child protection system is to promote the full development of children, to protect and defend them from violations of their rights, and to help children who live outside their biological families to be reintegrated into them.

СЪВРЕМЕННОТО СЕМЕЙСТВО МЕЖДУ СПРАВЕДЛИВОСТТА И ТРАДИЦИЯТА

Author(s): Gergana Yonkova / Language(s): Bulgarian Issue: 1/2021

The concept of family has legal, sociological and psychological dimensions. The current report presents a legal and sociological analysis of marriage and family in evolutionary plan and in the context of the concept of gender equality and justice.

Съдебна практика на българските съдилища по граждански и наказателни дела за обида и клевета, водени срещу медии

Author(s): Efrem Efremov / Language(s): Bulgarian Issue: 1/2019

The text relates certain standard-setting judgments of Bulgarian criminal and civil courts in cases brought against the media for insult and defamation. Also, consideration isgiven to the general principles and limitations of the freedom of expression with regard todefamation in the case law of the ECHR.

СЪДЕБНАТА ВЛАСТ В ПРАВОВАТА И ДЕМОКРАТИЧНА ДЪРЖАВА

Author(s): Ivan Kyosev / Language(s): Bulgarian Issue: 2/2015

The article is devoted to presentation and analysis of the judicial branch of the state governance under the contemporary rule of Law model. Special attention is given to the legal-historical heritage of Ancient Rome concerning fundamental principles, some basic legal notions, roman legal acts and techniques of jurisprudence. Concerning the main issue of the paper, the leading legal-political paradigms of organization and functioning of this sector of the state governance are analytically presented with some crucial scientific conclusions. Also the main preconditions and factors for functioning of the judiciary are revealed with reference to the adequate response of the problems and challenges of the ХХІ century. The article presents some new suggestions concerning the necessary changes in judiciary at the post-communist states in transition period towards real functioning of État de droit.

Съдебният контрол върху актовете на органите на медицинската експертиза

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian Publication Year: 0

This scientific study addresses the problematics of the twofold legal substance of the acts of the bodies of medical expertise, as well as their contestation to the courts. It explores in historical perspective the introduction and subsequent development of judicial supervision of the acts of the bodies of medical expertise. It considers the legal characteristics of the disputes in relation to the medical expertise and furthers the opinion that they are essentially insurance legal disputes. It also providesan analysis of the extensive case law of the Supreme Administrative Court on these issues.

Съответствие на българското законодателство със стандартите за защита на правата на човека, зададени от Съвета на Европа след 30 години членство

Author(s): Keti Bozukova,Tony Dimov / Language(s): Bulgarian Issue: 4/2022

How has the 30-year membership of our country in the Council of Europe affected the Bulgarian rule-making process?Has our national legislation become more compliant with the human rights protection standards set by the Council of Europe after 5 and a half years of regulatory reform?What does the preliminary compliance check of our draft laws with the European Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the European Court of Human Rights mean and does it have a ground in our country?These are some of the questions this report seeks to answer.

СЪОТНОШЕНИЕ МЕЖДУ КВАЛИФИЦИРАНАТА КРАЖБА И ИЗПОЛЗВАНЕ НА ПЛАТЕЖЕН ИНСТРУМЕНТ БЕЗ СЪГЛАСИЕ НА ТИТУЛЯРА

Author(s): Ivaylo Angelov / Language(s): Bulgarian Issue: 1/2016

The topic is related to the controversial practice of the courts and the difficulties while qualifying the action in the cases when the unlawful usage of „instrument of payment” results in deforce of money. The term „instrument of payment” has been clarified with regard to the international and Bulgarian legal regulations.

Съставлява ли абсолютна процесуална пречка за съществуването и надлежното упражняване на право на иск за отнемане в полза на държавата на незаконно придобито имущество, прекратяването на наказателното производство за престъпление

Престъпление, посочено в разпоредбата на чл. 22, ал. 1 от ЗОПДНПИ, извън случаите по чл. 22, ал. 2 от ЗОПДНПИ

Author(s): Nikolay D. Kolev / Language(s): Bulgarian Issue: 1/2017

This article explores whether the termination of criminal proceedings against the respondent in the application based on Art. 74, par. 1 of the Law on Forfeiture of the State of illegally acquired property is sufficient reason for supersedes case.

Същност на очевидната фактическа грешка в обвинителния акт

Author(s): Kristina Aleksandrova / Language(s): Bulgarian Issue: 1/2018

The obvious factual error is any inconsistency between the true will of the body concerned and its external expression in the written act. So far, it has been governed by the Code of Civil Procedure and the Administrative Procedure Code, and with the amendments to the Code of Criminal Procedure of 2017, the legislator regulates the removal of an obvious factual error in the indictment. The essence of the obvious factual error is a technical error, consisting of incorrect digits, letters, words, and even entire passages of a text.

Сэксуальная рэвалюцыя ў Cавецкай Беларусі ў 1920-я гг.: Ідэйныя вытокі і юрыдычнае абгрунтаванне

Author(s): Aljaksandr Gužaloўskі / Language(s): Belarussian Issue: 2/2017

All totalitarian regimes which existed in the 20th century tried to use sexual energy of the population like a tool of social engineering. In Soviet Union the Communist Party ideologists strived to change sexuality and sexual behavior of people according to Marxist doctrine. Sexuality in the USSR went through the cycle from unbelievable freedom in the 1920s through the conservatism of Stalinism and a relatively liberal decade of “the developed socialism” to the sexual boom in the end of 1980s – beginning of 1990s. The first decades after Bolsheviks came to power was characterized by unbelievable freedom of even for today. Revolution changes in the sexual behavior took place in the Soviet Russia then in the Soviet Union. Those changes have already got name in contemporary historiography – “sexual revolution”. Many aspects of it were described by Russian and Western researchers. Particular facts on the Soviet sexual revolution can be also found in the work of Belorussian researchers, who have studied the gender aspects of the past. The 1920s are traditionally presented in Belorussian historiography in the context of national or new economic policy. The author tried to have a close look at this decade through “unusual” for most Belorussian historians’ optics – construction of ideological origins and legal basis for new intimacy and sexual relations. The choice is nonrandom. The first decade after the Bolsheviks’ revolution the USSR was the field of experiment, transformation of gender relations. The range of sources is not random too. Printed media as well as the Communist Party and Government officials of the liberal 1920s are openly discussed sexual sphere of human activity.

ТАЈНИ НАДЗОР КОМУНИКАЦИЈЕ – УСКЛАЂЕНОСТ СА ПРАКСОМ ЕВРОПСКОГ СУДА ЗА ЉУДСКА ПРАВА

Author(s): Milica Kovačević / Language(s): Serbian Issue: 2/2014

The paper deals with the protection of privacy rights in the connection with the application of special investigative actions in criminal proceedings. An increasing number of cases of the European Court of Human Rights in relation to Article 8 and the protection of privacy rights points out to the importance and complexity of this issue. On the one hand, public authorities should provide mechanisms and resources for effective and expeditious prosecution of the most serious forms of crime, but on the other hand, standards related to predictability, limited discretionary powers and control over the legality of the procedure should not be ignored either. This raises the question of how to achieve a balance between these competing interests. This paper presents the standards created by the European Court of Human Rights when dealing with privacy issues in connection with criminal proceedings, and reflеcts at the the degree of compliance of Serbian legislation with them. The author concludes that the key problem is the nonexistence of notification for the interested person, given that it implies the inability to exercise the right to appeal, and also the inability to put examples of bad practice to good use.

ТАКТИКА НА ПРЕТЪРСВАНЕТО И ИЗЗЕМВАНЕТО ПРИ РАЗСЛЕДВАНЕ НА ТЕРОРИСТИЧНИ АКТОВЕ

Author(s): Hristo Pavlov / Language(s): Bulgarian Issue: 1/2018

This article presents some tactical features in the application of the means of proving search and seizure in the investigation of terrorist acts. Special attention is paid to the preparatory stage of the search.

ТАКТИЧЕСКИ ОСОБЕНОСТИ НА РАЗПИТА ПРИ РАЗСЛЕДВАНЕ НА ТЕРОРИСТИЧНИ АКТОВЕ С ВЗРИВНИ УСТРОЙСТВА

Author(s): Hristo Pavlov / Language(s): Bulgarian Issue: 1/2017

This article presents the tactical features of investigating witnesses and indictees in investigating terrorist acts with explosive devices.

Телесно кажњавање деце са аспеката породичног и кривичног права ‒ (не)помирљиви тонови

Author(s): Svetlana Mijović / Language(s): Serbian Issue: 3/2018

The purpose of this work is to examine an issue of corporal punish ment of children as a method of discipline in terms of family and criminal law. The author begins the study by taking a broader perspective of the issue in terms of extra-legal scientific disciplines, then conducts an analy sis of the international legal frameworks for the corporal punishment and finally offers brief overview of the solutions found in comparative law. Further in the study, the author focuses on different aspects of family and criminal law in terms of necessity of complete prohibition against corporal punishment of children. In order to do this, the author compares present legal solution found in family law with suggested new solution of the Draft Civil Code of Serbia. Further, the attempts have been made to set the criteria for distinguishing the situations in which the exercise of parental rights can be considered specific basis for exclusion of the un lawfulness from those in which the crime of domestic violence is found. De lege ferenda proposals have been presented with an aim of serving as a possible middle ground between different aspects of family and crimi nal law by giving more flexible approach and there for making it accept able for both branches of law.

Темата „Холокост“ – предизвикателство за учителя и учениците

Author(s): Aneta Tumbeva / Language(s): Bulgarian Issue: 4/2018

This work presents didactic games aimed at emphasizing remembrance lessons at school - important, but not so widely used in philosophical cycle and history curricula. The teacher has the freedom to select and adapt similar tasks according to the age of the students and the subject. Our society faces the need to educate young people in more tolerance and mutual support, with the main focus being the examples of history that should not be forgotten. And here is the role of the teacher who helps to form these values by putting the student in front of specific moral dilemmas and opportunities to analyze texts, to make his own conclusions about the lessons learned from historical events.

ТЕНДЕНЦИИ В РАЗВИТИЕТО НА СВЕТОВНИЯ ПАЗАР НА ОТБРАНИТЕЛНИ ПРОДУКТИ

Author(s): Venelin Terziev,Nikolay Nichev / Language(s): Bulgarian Issue: 1/2016

The paper examines trends in the global market for defense products, regularities and principles of functioning of the market for defense products. As a result of the analysis the place of the offset transactions for the acquisition of defense products is outlined.