Тенденции и предизвикателства пред трудовото и осигурителното законодателство - десет години след членството на Р. България в ЕС

Author(s): Andriyana Andreeva,Galina Yolova / Language(s): Bulgarian Issue: XVI/2017

The report analyses the development process of the labour and social insurance law in the Republic of Bulgaria in the period after the realized membership in the European Union. The accent is put on the legislative amendments of these two legal branches related to the transposition of norms and principles of the European law into the national legislation. On base of this retrospective analysis the authors make recommendations and trace the tendencies in the Bulgarian legislative development of the examined sphere.

Тенденції та динаміка застосування практики європейського суду з прав людини під час кримінального провадження: статистичне та соціологічне дослідження

Author(s): I. H. Kalancha / Language(s): Ukrainian Issue: 18/2020

In this article we have described the results of statistical and sociological observations of the application of the case law of the European Court of Human Rights (ECHR) during criminal proceedings in Ukraine. The purpose of this article is to identify trends and dynamics of application by national courts of the case law of the ECHR during criminal proceedings, to clarify the current state of law enforcement in this area.We conducted a statistical observation – Monitoring of the information of the Unified state register of court decisions (USRCD) on the state of application of the case law of the ECHR by national courts during criminal proceedings, which illustrates a steadily growing trend: more than 20 times from 2014 (0,1 %) to 2020 (2,24 %). We analyzed the results of the monitoring of the USRCD by territorial units and established the difference in the rates of application by the courts of first and appellate instance of the case law of the European Court of Human Rights during criminal proceedings in the first half of 2020 by 5 and sometimes 8 times between different regions of Ukraine.We conducted a sociological survey - Survey of the expert community on the application of the case law of the ECHR in criminal proceedings. We analyzed the results of the survey which indicate that 89% of the surveyed use the case law of the ECHR during criminal proceedings. We found that the average frequency of using the case law of the ECHR in criminal proceedings is 36,8 %. We propose to introduced in the USRCD a mandatory hyperlink to the decision of the ECHR to the database of the ECHR «HUDOC» in the national court decision (supported by 67,1 % of respondents); create an additional filter in the functionality of the USRCD to search for the case law of the ECHR (supported by 87,5 % of respondents); create a distance learning portal to study the case law of the ECHR (supported by 89 % of respondents)

ТЕОРЕТИКО-ПРАВОВОЙ АНАЛИЗ ЗАЩИТЫ ПРАВ ТРУДЯЩИХСЯ МИГРАНТОВ В ГОСУДАРСТВАХ ЕВРОПЕЙСКОГО СОЮЗА

Author(s): Gulnara Raifovna Shaikhutdinova / Language(s): Russian Issue: 4/2013

The article presents a theoretical analysis of legal provisions laid in Article 19 of the European Social Charter, which regulates protection of the rights of migrant workers and their families in the countries of the European Union. The legal interpretation of the above provisions and the terms used therein in conjunction with the analysis of the practice of the Committee of Social Rights, which monitors the implementation of the Charter by the member countries, is important for understanding and application of the Charter in the Russian Federation, which has signed and ratified it.

ТЕРОРИЗАМ И ЉУДСКА ПРАВА: ИЗАЗОВИ ОСНОВАМА ПРАВНОГ ПОРЕТКА

Author(s): Daphne Barak-Erez / Language(s): Serbian Issue: 4/2009

This paper deals with the challenge posed by contemporary terrorism. It investigates international and national initiatives aimed at combating terrorist activities. The author argues that, from the international perspective, terrorism is considered a threat because it signals that the new world order formed after the World War II is in danger. In that respect, the author claims that the Geneva Conventions from 1948 do not represent modern reality and as such are inadequate for the current conflicts with terrorist organizations. Also, the Additional Protocol to the Geneva Conventions from 1977 has failed to achieve universal acceptance, especially among those states engaged in terrorist related conflicts. Moreover, many newly adopted conventions on terrorism covers only specific terrorism related activities, and do not change the basic norms of law applicable in times of armed conflict. At the national level, the specific task concerns balancing human rights with government anti-terrorism actions. The author concludes that there is an urgent need to reconsider the application of both international and nationаl laws, in the light of the new reality.

Трагедия жизни и мeтaфизика смерти в позднем творчестве Ивана Тургенева

Author(s): Wasilij Georgievich Szczukin / Language(s): Russian Issue: 3/2020

The text of the article contains a series of reflections on the tragic concept of life and metaphysics of death in the works of Ivan Turgenev in the 1870s and early 1880s, which the reader can easily find in most of his works of this period. Life on earth is seen as a great universal tragedy, in which an individual human being is doomed to defeat in the fight against the metaphysical power of nature, with an iron necessity for death and mortal love disease – the most beautiful manifestation of humanity, which is also a death sentence. The precursor of Turgenev’s vision of the world was the philosophy of Arthur Schopenhauer; regardless of the author of Fathers and children, similar thoughts appear in the works of Charles Baudelaire and Guy de Maupassant. The authors emphasize two main reasons for Turgenev’s global pessimism: firstly, a personal tragedy associated with a deeply and deeply lived love for Paulina Viardot, condemned to failure; and secondly, the powerful influence of Neoplatonism and the pantheistic Romantic philosophy under the sign of Schelling, within which the writer’s views developed during his youth. An analysis of a number of works created in the last years of Turgenev’s life, in which pictures of the transcendent world or longing for it appear more and more frequently, as evidenced by the regularly occurring oneiric motifs and the motif of a meek expectation of death. At the same time, the writer defends the human right to a dignified death, appropriate to the inalienable dignity of every human being.

Трафик на деца сред уязвими общности

Author(s): Kamelia Dimitrova,Yva Alexandrova / Language(s): Bulgarian

The current report looks at three specific forms of trafficking in persons: child trafficking for begging, for pickpocketing and for sexual exploitation of boys and the way they manifest themselves among Roma communities. The report examines the profiles of victims and discusses the vulnerability factors that make the Roma minority a particular group at risk. The study provides empirical knowledge on the mechanisms of recruitment and exploitation of victims in order to inform identification efforts and counter-trafficking responses. Particular attention is devoted to the policy and measures for assistance of victims. In this field, the report identifies specific gaps in assistance and the way they affect Roma victims in particular, and suggests how child victim assistance could be improved. The active involvement of Roma organisations in the research through participatory methods aimed to gain a deeper understanding of the risk factors involved, bring knowledge back to the communities and support Roma experts’ involvement in counter-trafficking policy and mechanisms.

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.

Трговина људима са посебним освртом на жртве - компаративни приказ рјешења кривичног законодавства и анализа судске праксе у Србији и Хрватској

Author(s): Miodrag N. Simović,Vanda Božić / Language(s): Serbian Publication Year: 0

Human trafficking is one of the cruelest crimes against humanity and other goods protected by international law and one of the most brutal violations of fundamental human rights. Modus operandi of recruiting and exploiting victims of trafficking has become increasingly perfidious and brutal. Trafficking in human beings is a global problem and a phenomenon of today’s society and time. The paper provides an overview of the international legal framework for combating trafficking in human beings and provides a comparative overview of the solution of national criminal legislation with an analysis of case law in the Republic of Serbia and Republic of Croatia. The criminal offenses of trafficking in human beings, forms and types of exploitation were investigated, with special reference to the victims of trafficking in human beings in Serbia and Croatia. The authors point out the criminal law solutions of Serbia and Croatia in the suppression of human trafficking, as well as the similarities and distinctions in terms of incrimination and prescribed criminal sanctions. In the concluding remarks,an assessment of the de lege lata situation in Serbia and Croatia was given,and, accordingly, possible proposals for a de lege ferenda in the fight against human trafficking were given.

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.

Трябва да се борим за правата на детето – педагогическите идеи на Корчак от перспективата на Омбудсмана по правата на детето

Author(s): Marek Michalak / Language(s): Bulgarian Issue: 9/2018

Responsibility today has become the main educational, social, cultural and political problem. Undoubtedly, the period of a special development of the child protection dates from XX century and continues until now. In the beginning, there were appeals and innovatory views on the education of children of the Swedish pedagogue and feminist Ellen Key, who proclaimed XX century as a “century of the child”. After that came the ideas, the creative work and mainly the practical activity of Janusz Korczak. When he was alive Korczak spoke on the topic of children`s protection: “side by side to the defender that knows paragraphs of the written laws, I insist to assign a place to the educator that knows the secrets of unwritten laws” – and by that as announcing the establishment of the institution ombudsman of human rights. Children`s rights are our common responsibility – of the government, the observing institutions, scientists, non-governmental activists, teachers, educators. We should fight for them, to insist, so we would not stand one day in front of the dilemma that Irena Sendlerowa posed, one of the greatest among us, who was rewarded in 2007 with the Medal of the Smile from children themselves: “And what the world did? The Great powers? The world was silent! And silence sometimes means to agree with what is happening”.

Уводни думи

Author(s): Stefan Popov / Language(s): Bulgarian Issue: 54/2021

Угрожавање права дјетета на здравље (Примјена члана 19 Конвенције о праву дјетета)

Author(s): Stanka Stjepanović / Language(s): Serbian Publication Year: 0

In order to apply in practice the provisions of Article 19 and 24 of Convention of the Rights of the Child, the state must allow parents to provide healthy food and clean water for their children and ban the sale of food products that are harmful to the health of children in its territory. Also, the state must prohibit the sale and use of children's apparel and footwear, which is in its raw material composition and the model, harmful to children's health. It must not be allowed to sell the products for children's nutrition and the use of such packaging that has been proven dangerous to the health of children. Also, it should ban the use of any product deemed by the medical science potentially harmful to public health, especially the health of children. Furthermore, the production of cigarettes, as well as their sales and use should be prohibited, because parents are destroying the physical and mental health of children and thus condemn society to disease. The purpose of the Convention on the Rights of the Child is not that the state assumes the role of referee between parent and child, but first to help parents and enable them to give their children healthy food, clean water and clothing that will facilitate and not impede normal growth and development of the child.

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.

УЛОГА ПОРОДИЧНОГ ЗАКОНОДАВСТВА У ЗАШТИТИ ПОРОДИЦЕ

Author(s): Predrag Janković / Language(s): Bosnian,Serbian Issue: 5/2020

The family is the basic cell of society, which enables normal civilization reproduction of the population, education and formation of members of society from their birth. As such, it must be protected by the state, which implements it through family lеgislation. The family is a complex unit, very important for the community, in which many relationships are intertwined, from the foundation of the family, ie. marriage or domestic partnership, then relations between spouses, relations between parents and children, and relations of family members with some institutions in certain cases. Family legislation creates a legal framework for the functioning of these relationships, thereby contributing to the best possible functioning of these relationships. In addition to regulating family relationships of a procedural nature, the state provides certain laws with protection for children and protection against domestic violence, thereby imposing frameworks on the behavior of family members with a view to its normal functioning, ie. sanctioning behaviors and practices that could impair the purpose of the family and lead to unwanted and harmful occurrences. The aim of this paper is to shed light on the extent to which family legislation can respond to the challenges of modern families and affect their protection.

УМОВНО-ДОСТРОКОВЕ ЗВІЛЬНЕННЯ ВІД ВІДБУВАННЯ ПОКАРАННЯ У ВИДІ ДОВІЧНОГО ПОЗБАВЛЕННЯ ВОЛІ: УКРАЇНСЬКІ РЕАЛІЇ

Author(s): Nikita Sergeevich Pavlov,О. V. Tkacheva / Language(s): Ukrainian Issue: 17/2020

The article is devoted to the study of the legal regulation of parole in the form of life imprisonment in Ukraine. An analysis of the norms of international acts that regulate this issue, the case law of the European Court of Human Rights and the experience of some foreign countries. Attention is drawn to the fact that the European Court of Human Rights emphasizes that the existing pardon system in Ukraine is a violation of Art. 3 of the European Convention on Human Rights, and for their harmonization and implementation of the standards referred to in Article 3 of the Convention, the following requirements must be met: 1) those sentenced to life imprisonment must know from the very beginning of their sentence what they must do in order to obtain the right to parole; 2) the convict should not be kept in places of imprisonment if the penological grounds for his further detention have disappeared; 3) the presence of these grounds must be checked within a certain period of time; 4) the release mechanism must have clear criteria and procedural guarantees; 5) the refusal to satisfy the request for parole must be justified. The hopelessness of the possibilities of releasing persons from criminal liability in Ukraine has been proved. It is stated that the existing institution of pardon in our state is only an exception, it cannot be considered as providing a real prospect of release. Such exclusivity is also directly recognized by the Pardon Regulations, according to which persons convicted of particularly serious crimes may be pardoned only in exceptional cases in the presence of extraordinary circumstances.

Унапређење квалитета живота особа с инвалидитетом коришћењем дигиталне технологије

Author(s): Dejan Masliković,Nataša Krstić / Language(s): Serbian Issue: 163/2017

In today’s postinformation society, digital technology has the technological means and innovative solutions which can personalize and customize services to meet the requirements of every user without any barriers. Service personalization is most apparent in the use of the internet, mobile phones, TV, and e-government. Consequently, due to its characteristics, adaptability and openness, digital technology can greatly facilitate and accelerate inclusive processes in society. Mobile devices and services, the internet together with digital cable and terrestrial TV network are just some of technological tools available to modern society for the inclusion of marginalized social groups, including the persons with disabilities. The introductory chapter considers the basis for the use of digital technology in developing an inclusive society, while the research shows the extent to which digital technology is used, as well as the real needs of persons with disabilities for the purpose of finding potential to improve the quality of their life. The conducted research is based on a quantitative testing of two hypotheses, namely, whether persons with disabilities use digital technology to the same extent as persons without disabilities, and whether there are any differences with respect to the improvements of the quality of life as a result of the use of digital technology. For the purpose of testing the hypotheses, based on the sample group of 185 respondents, with 95 of them being persons with disabilities and 90 being persons without disabilities, a comparison was done of average values through t-test, as well as the comparison of relative frequencies by applying x2 test for independent samples. The results have shown that persons with disabilities use digital technology less than persons without disabilities, which only exacerbates the digital exclusion of persons with disabilities. Nevertheless, both groups have the same expectations with respect to the possibility of improving their lives. Noticeable potential for improving the quality of life for persons with disabilities has been noted by raising the use of digital technology to a higher level, especially with the use of mobile phones and the internet. The analysis of the research results has provided data which are significant for estimating the capacity of digital technology and further application of the technology in developing an inclusive society. This paper also proved that an interdisciplinary approach to such a vulnerable subject as inclusion and the social status of persons with disabilities can have beneficial results, as it can be used as guidance in further development of available tools, applications and other digital gadgets.

УНИВЕРЗАЛИЗАЈЦИЈА КАО ПРОБЛЕМ ТЕОРИЈЕ ЉУДСКИХ ПРАВА

Author(s): Marina Janjić-Komar / Language(s): Serbian Issue: 6/1995

Universalisation is one of the key problems of human rights theory since implementing the idea implies difficulties in terms of conception of man, of the way of expressing his essence and of articulating it from the viewpoint of law. Unification is not universalisation, since an individual possesses universality as a potential, which, in final analysis, is a recognition by another man. Universalisation is not achieved through raising the level of generalisation either. Significant in contemporary world is the change of context of putting universality as a problem. Language, first of all, has established a special kind of mutuality transgressing traditional forms of interpersonal relations. Therefor, one of the greatest problems of communication is found in the conception of similarities and differences between people. One is not so sure that human rights too, have solved the questions of communities, while not, at the same time, being liable to the objection of collectivism. In a way, universalisation requires that basic issues be raised transculturally and that cultural difference be treated rather seriously. The problem of universalisation is also a specific method, a logic of wish and, in the final analysis, striving for a better self.

УНИВЕРЗАЛНОСТ ЉУДСКИХ ПРАВА: РЕШАВАЊЕ ПАРАДОКСА У ЦИЉУ УНАПРЕЂИВАЊА ПРАКСЕ

Author(s): Abdullahi Ahmed An-Na’im / Language(s): Serbian Issue: 4/2009

This paper discusses „the paradox of universality of human rights“ in view of permanent and profound cultural differences that exist among human societies. The author argues that to prevent future human rights violations and to make them work effectively, it is necessary to integrate human rights into the culture of all peoples around the world. In other words, the concept of universality of human rights requires the effective participation of all human beings in defining and protecting human rights norms. However, the remaining question is how to achieve universal acceptance in our diverse world? The author proposes to mediate this paradox in promoting an „overlapping consensus“ among different cultural traditions through both an internal discourse within cultures and a crosscultural dialogue. This process has already begun with the Universal Declaration, and today is built on the existing international human rights treaties and institutions which must be susceptible to further developments and evolution. The author concludes that the universality of human rights and their cultural dimension can be compatible and mutually supportive, but it depends on how different actors perceive the matter and respond to them in particular situations.

Универсални ли са човешките права?

Author(s): Yanaki Stoilov / Language(s): Bulgarian Issue: 5/1999

The idea of human rights comprises the concept that they belong to every man. A number of international acts indicate the general nature of human rights being their leading feature. Great many scientists and politicians accept the universal nature of human rights almost like an axiom, i. e. one supposes without proving it. If this is understandable from a political and ideological aspect, such an approach is intolerable from a scientific point of view. The question of human rights should not become an absolute similar to the matter pertaining to sovereignty of state. The transition from the idea of human rights to the establishment of fundamental rights is a historical result of the socio-economic development. This result is not only attained through logical conclusions but after a good deal of political and social struggles, by means of a number of legislative, jurisdictional and other actions. The history of human rights despite her contradictory nature is a history of their recognition and expansion. Both of them are growing in terms of diversity and enlarging the number of their addresses as well as in terms of geography of their dissemination. The obstacles which nowadays are facing the fundamental rights are the greatest challenges on the way of their spread on a mass-scale and guarantee. There are a few obstacles, as follows: One. The contradiction between the human aspect of rights and their state existence as rights of citizen. Two. The contradiction between the formal equality of people with regard to the fundamental rights and the substantial socio-economic inequlity among them. Three. The contradiction between universalization of human rights through dissemination of Christian culture and particularism of rights, corresponding to the traditions of different nations and civilizations. Seeking of a solution to all these problems is complicated by the fact that the world enters the global economic era.These circumstances require adequate changes in the national and supranational regional legal systems so that human rights shall be guaranteed.

Употреба родно осетљивог језика у унутрашњем праву и европски стандарди

Author(s): Žarko Radić / Language(s): Serbian Issue: 64/2018

In the 21st century Europe, the issue of linguistic human rights and gender sensitive language in the official and public use becomes increasingly significant. It has become an increasingly interesting topic for social sciences, public policies and media. The gender-sensitive language is considered the language of gender equality. It is required that the language used in the official document gives women and men and their activities equal value and equal visibility. Acknowledging the European standards and National Strategy for Gender Equality from 2016-2020, in this paper the author analyses the possibility of using the gender-sensitive language in legal texts from the aspect of legislative drafting. He does so by applying dogmatic, normative and comparative law method. At the end of the paper, the author considers the importance of the studied issues for the Republic of Serbia and its road to the membership in the European Union. He concludes that in order to make consistent use of the gender-sensitive language in regulations obligatory, the proper amendments to the Common Methodology of Legislative Drafting should be adopted by the National Assembly of the Republic of Serbia.