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ПРАВОТО НА РАБОТЕЩИТЕ В ОРГАНИТЕ НА СЪДЕБНАТА ВЛАСТ НА ВЪЗНАГРАЖДЕНИЕ ЗА ПРИДОБИТ ТРУДОВ СТАЖ И ПРОФЕСИОНАЛЕН ОПИТ

Author(s): Galina Ivanova / Language(s): Bulgarian Issue: 2/2018

This article examines the right of people working in the judicial system to receive supplementary benefits based on their acquired professional experience. It also examines the specifics of the relations between magistrates, officers of the court, registry judges and state bailiffs; the structure of the wage of people who work in the judiciary and the benefits which are a part of the gross salary.

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ПРАВНА СЪЩНОСТ НА СЛУЖЕБНОТО ВРЕМЕ НА ВОЕННОСЛУЖЕЩИТЕ, ОТРАБОТЕНО В ПОВЕЧЕ ОТ УСТАНОВЕНОТО ЗА ТЯХ ПРИ ПОЛАГАНЕ НА ДЕЖУРСТВА

Author(s): Hristo Banov / Language(s): Bulgarian Issue: 2/2018

The grounds and the conditions for payment of the service time of military service officers, which exceeds the legally established working hours when on duty, are directly related to the determination of the type of service time. In the majority of the contradictory judgments of the Supreme Court of Cassation it is incorrectly assumed that this labour has been exercised under the conditions of extended service time under Art. 136a of the Labour Code. In fact, in this case the amount of labour performed, exceeding the legally established standard, is undoubtedly overtime labour with all the resulting consequences, the most significant of which being the obligation for the employing authority to pay for this labour at an increased payment rate.

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Beyond Dualism(s): A New Approach to Legal Personhood in Contemporary Legal Theory

Author(s): Zsófia Folková / Language(s): English Issue: 4/2024

This article presents a critique of the Orthodox View of legal personhood, which traditionally aligns personhood with the capacity to hold rights and duties. It explores the Bundle Theory proposed by Visa Kurki, which redefines legal personhood as a cluster concept composed of passive and active elements, and which challenges the binary nature of personhood, proposing a spectrum ranging from full to partial personhood. It also considers which entities can be legal persons and offers a brief overview of new, alternative ontologies.

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Lze při zohlednění subjektivního a objektivního kritéria menšinové definice příslušníky LGBTI komunity považovat za menšinu?

Author(s): Markéta Polendová / Language(s): Czech Issue: 4/2024

The publication focuses on the status of LGBTI persons in the context of minority law, which is traditionally associated with national, linguistic, and religious minorities. It aims to evaluate the potential of the LGBTI community to fulfil the defining characteristics of a minority. The author analyses the features of the minority definition, i.e., the objective and subjective criterion, and subsequently evaluates the possibility of fulfilment of the individual characteristics by the LGBTI community. Problematic aspects arising in connection with the specific nature of the LGBTI community, especially its internal diversity and the difficult objectification of the differentiating characteristics of individual members, are emphasised. The author concludes that provided the specific features are dully considered, the LGBTI community in principle meets both the objective and the subjective criterion of the minority definition.

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Some Insights on Application of the International Law to the Damaged Environment during the War in Gaza

Author(s): Veronika D’Evereux / Language(s): English Issue: 4/2024

The paper deals with the environmental damage caused during the war in the Gaza Strip. The issue is mainly examined from the perspective of the international humanitarian law. The war in Gaza is perceived as an international armed conflict and thus the relevant provisions of the Additional Protocol I as well as general principles of international humanitarian law are applied. The problem is first examined from a broader point of view and deals with the effects of military operations on the environment of Gaza as a whole, explaining which parts of the environment have been damaged. Subsequently, attention is paid to two specific cases, the alleged use of white phosphorus and the flooding of the tunnels with seawater and the impacts of these actions on the environment. Because it cannot be completely ruled out, that the environmental damage in Gaza might become a matter of concern of the ICC, the environmental damage is also marginally assessed from the perspective of the international criminal law. The paper is aimed to contribute to the academic discussion on whether and under what circumstances, it would be possible to consider the examined conduct as breaching the obligations of the state carrying out the military operations.

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Argument

Author(s): / Language(s): Romanian Issue: 1/2024

The journal is structured into sections that reflect current issues in various fields, as follows: International Law, Public Law, Private Law, and Criminal Sciences. The journal continues to promote the innovative element implemented in previous issues — within the respective sections, doctoral students are admitted, the criterion being the completion of doctoral studies and the finalization of the thesis, including the initiation of the defense procedure. This exception confirms the high level of research of the doctoral students. Equally, this rule is applied to experts whose studies are of interest, especially for practitioners. Promoting the idea of supporting young scientific researchers, the journal contains a special section called 'Doctoral Tribune,' where they have the opportunity to publish their research results, with the works being reviewed by experts in the field.

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Foreword

Author(s): / Language(s): English Issue: 1/2024

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Foreword

Author(s): / Language(s): English Issue: 2/2024

The journal is structured into sections that reflect actual problems of different legal domains, as follows: International Law, Public Law, Private Law and Criminal Sciences. 10 The magazine continues to promote the innovative element implemented in the previous issues — the aforementioned sections include the research of post-graduate students, the criterion being the finalization of the doctoral studies and completion of thesis, including the beginning of the procedure of its defense. This exception is aimed at confirmation of high level of doctoral studies. This rule is applied in the same measure to the experts, whose research presents an interest, especially for the practitioners.

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Създава ли НК престъпност?

Author(s): Boris Velchev / Language(s): English,Bulgarian Issue: 2/2024

The article discusses the shortcomings of the current Criminal Code, which can lead to innocent people being accused of crimes. In the article, examples of outdated provisions, unclear provisions, and criminal provisions that could be more successfully sanctioned through administrative legal means are examined. The author concludes that these deficiencies in the current criminal justice system can be addressed by adopting a new Criminal Code.

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Същност на способите на доказване

Author(s): Ivan Vidolov / Language(s): English,Bulgarian Issue: 2/2024

The article discusses the question of the methods of proof, as an important institute of the criminal procedure. On the basis of research about scientific studies and court judgments are discovered their main characteristics, as the only tool of the collection of evidence. On this ground, conclusions were drawn about the cognitive and documenting nature of the methods of proof, their general purpose, and legal nature. All this served as a reason for the presentation of a scientific definition and some recommendations.

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Административните преюдиции по НК от гледна точка на правните множества

Author(s): Izabela Chakarova-Dimitrova / Language(s): English,Bulgarian Issue: 2/2024

This article presents a view on the administrative prejudices in the Criminal Code from the point of multiple offences. The author attempts to define the “peculiar” multiple offences and to outline their most important characteristics. This article dwells on the general regularities and prerequisites for the “peculiar” multiple offences.

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Dignitas infinita – kontinuita nebo úkrok

Author(s): Jakub Polívka / Language(s): Czech Issue: 95/2024

The declaration "Dignitas infinita" issued by the Dicastery for the Doctrine of the Faith on April 8, 2024, emphasizes the infinite dignity of all human beings regardless of their circumstances. Unlike previous documents, this declaration extends the concept of human dignity to all stages of life and various situations, from conception to coma and agony. It argues against theories that deny dignity to unborn children or people in irregular life situations. The declaration draws on the teachings of Pope John Paul II and Pope Benedict XVI, highlighting the Church's commitment to defending the dignity of the weak and voiceless. It also addresses contemporary issues such as poverty, war, migration, human trafficking, violence against women, abortion, gender ideology, and euthanasia. The document underscores the Church's stance on the sanctity of life and the importance of respecting human dignity in all its forms.

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Slovak Mimicry of Online Content Moderation on Digital Platforms as a Result of the Adoption of the European Digital Services Act

Author(s): Marek Švec,Adam Madleňák,Vladimíra Hladíková,Peter Mészáros / Language(s): English Issue: 2/2024

The global nature of digital platforms, particularly social media, highlights the lack of a unified legal framework to regulate the content which is distributed to users. This issue is not only about the quality of the content but often concerns its problematic nature, which may conflict with the legal systems of various countries, especially the member states of the European Union. Examples include hate speech, terrorist content, discriminatory material, or images depicting child sexual abuse. Digital platforms frequently argue that they are not responsible for the nature of this content, as they merely facilitate its publication and do not create it themselves, thus claiming they should not be held legally accountable. This article examines the research question of how the recently adopted European Digital Services (Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act), 2022) might change the current paradigm using various legal tools. The Act aims to effectively regulate online intermediaries and platforms, including marketplaces, social networks, content-sharing platforms, app stores, and online travel and accommodation services. Through a critical analysis of the provisions of the Digital Services Act, related legislation, court decisions, and the actual behaviour of digital platforms, the authors reassess the effectiveness of different mechanisms intended for moderating content on these platforms. The primary objective is to determine the shift in the legal boundaries of digital platforms’ responsibility for shared content, particularly regarding newly defined obligations related to user safety and new information requirements for digital platforms, such as reporting to European supervisory authorities. Special attention is given to the increased legal protection of minors using digital platforms, particularly regarding the absolute prohibition of profiling them for online advertising, as stipulated in Article 28 of the Digital Services Act. This provision complements the relevant rules set out in Article 22 of GDPR. The general tightening of conditions for presenting advertisements online is intended to curb the use of personalized advertising, which often relies on the (impermissible) profiling of ad recipients using special categories of personal data, such as racial or ethnic origin, sexual orientation, biometric data, and more. In the article, the authors also discuss potential challenges in the practical implementation of the Digital Services Act in individual member states of the European Union, considering the specifics of national legislation. To illustrate these challenges, the article provides an analysis of the legislative realities in Slovakia as a model example.

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THE RIGHTS OF MINORITY WOMEN BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS: CRITICAL REVIEW IN LIGHT OF THE PRACTICE OF THE UN HUMAN RIGHTS COMMITTEE AND OTHER INTERNATIONAL HUMAN RIGHTS BODIES

Author(s): Ivana Jelić / Language(s): English Issue: 3/2024

Women from ethnic, national, religious, and cultural minorities face distinct legal challenges in their struggle for gender equality. They are at constant risk of multiple discrimination as minority women, particularly with regard to their identity and religious rights. This is evident in matters of inheritance, wearing religious items in public, and issues related to sexual and domestic violence. International approaches to this problem are fragmented, with the ECtHR, UN HRC, and other international human rights bodies taking different approaches. This article will critically discuss the status of minority women’s rights in the jurisprudence of the ECtHR and will reflect on what the Court could learn from the practices of the UN HRC and other international human rights bodies.

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Lupta catolicilor din Moldova pentru drepturi civile şi politice (1859-1918)

Author(s): Anton Coşa / Language(s): Romanian Issue: LI/2022

The present research presents the fight for civil and political rights of the Catholics in Moldavia, it analyses the phenomenon of their emancipation (as part of the modern Romanian society) on different levels social, economical, political, educational, cultural. Therefore, the emancipation of the Catholics from Moldavia benefited, on a social-economical level, from the effects of the Agrarian Reform of 1864. They fought as peasants so that their Romanian citizenship and their rights and duties may be recognized, all of them were active participants in creating the Romanian Nation. Even though they always understood that emancipation meant rights (civil and political) and that rights come along with duties, acting in consequence, the members of this community were deprived of a series of political rights, such as those present in the electoral legislation, in which the essential conditions for the participation of the future citizen in the political life were wealth, the degree of education and culture. Therefore, since school in the 19th Century had to be an instrument of dissemination of language and culture, and cultural emancipation meant an essential premise of social and political emancipation, the author underlines the importance of these themes for the Catholics in Moldavia.

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Nový postoj k trestu smrti v Katechismu katolické církve

Author(s): Jan Polák / Language(s): Czech Issue: 3/2024

This article seeks to reflect critically, with the benefit of hindsight, on the modification of the Catechism of the Catholic Church (CCC) on the death penalty. This modification took place in 2018 at the initiative of Pope Francis, who declared that capital punishment is not permissible. The author responds to a subsequent appeal published in First Things magazine, in which several American intellectuals petitioned the College of Cardinals to force the Holy Father to withdraw the new wording of Article 2267 of the CCC. In particular, the contribution seeks to find an answer to their objections that the new teaching is not in accord with Scripture and Tradition and gives the impression to believers that capital punishment is an intrinsically evil act. The author also considers whether the death penalty might not be acceptable under certain non standard conditions even today. He reflects on the attitude of John Paul II and Benedict XVI and asks some questions about possible future developments in this area, the first of which is the question of the potential rejection of life imprisonment as a hidden death penalty.

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Historicizing the criminalisation of Romani people

Author(s): Victoria Shmidt / Language(s): English Issue: 1/2024

Review of: Pavel Baloun, “Metla našeho venkova!” Kriminalizace Romů od první republiky až po prvotní fázi protektorátu (1918–1941) [“The Scourge of our Countryside!” The Criminalisation of Roma from the First Republic to the First Years of the Protectorate (1918–1941)], Prag: Scriptorium 2022

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HUMAN RIGHTS AND HUMANIZATION OF THE EXECUTION OF PUNISHMENTS IN THE HISTORY OF WESTERN SIBERIA

Author(s): Elena V. Frolova / Language(s): English Issue: 11/2024

The purpose of the study is to compare the Prison Reform of 1879 carried out in Russia with the requirements of the Standard Minimum Rules for the Treatment of Prisoners adopted by the United Nations in 1955. The study was conducted on the example of the Tobolsk prison complex of the late XIX – early XX centuries, based on practically achieved results. The sources of the study were the materials of the State Archives of the Tyumen, Omsk, Tomsk regions, as well as the State Archives of the Russian Federation. The methodological basis of the study combines two approaches: modernization and civilizational, using two methods: comparative historical and actualization. The scientific novelty of the work lies in a new look at the Prison Reform of 1879 through modern European standards of the rights of prisoners. The results of the Prison Reform of 1879 were compared with the requirements of the UN on the following grounds: prohibition of discrimination, protection of religious rights, compilation of a register of prisoners, their breakdown into categories, sanitary conditions and nutrition, education, libraries, recreation, work and work of prison inspections. The comparison showed that at the turn of the XIX – XX centuries, the Tobolsk prison complex (“Prison Castle”) was an advanced penitentiary institution of that time, not only generally conforming to European standards of the mid-XX century, but partly surpassing them. The Russian government planned to extend the achieved experience to other places of detention, but the process was interrupted by the revolution of 1905-1907. The results of the study showed that in Russia, the humanization of imprisonment was based not only on the principles of utility and rationalism, but in many respects – on Orthodox ideas of mercy, therefore, initially coincided with future European standards. Meanwhile, some reform measures turned out to be premature, as they were carried out in conditions of exceptional poverty of the rest of the Russian people and the absence of the concept of “human rights” in their lives. This contradiction became one of the links in the system of socio-economic problems that eventually led Russia to revolution.

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Politické procesy s vedením Bratrské jednoty baptistů

Author(s): Michal Balcar / Language(s): Czech Issue: 44/2024

The subject matter of the following study is a political trial with the leadership of the Baptist Brethren in Czechoslovakia in 1953 with emphasis on the approach of investigators of state secret police (StB). This study proves that the trial began with a coincidence which was misused by StB in order to fulfill political agenda. The study also describes the reaction of the denomination to the arrests of its highest leadership. Surprising chapter in the history of the trial is written by one of the pastors – Jan Mikulenčák – who refused to bow to the pressure of StB. By analyzing the case files the article describes the process of how StB constructed the trial based on searching for the ‚enemy‘ typical for the early 1950s. In this trial, stereotypical roles of ‚priest‘, ‚U.S.A. collaborator‘, and ‚Nazi collaborator‘ were filled.

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TÜRK DÜNYASINDAN GÖÇ VE GÜNEYDOĞU STRATEJİSİ: TÜRKİYE'NİN ULUSAL GÜVENLİK VE KALKINMA PERSPEKTİFİ

Author(s): Gürkan KARAÇAM / Language(s): Turkish Issue: 64/2024

This article explores a strategic project to relocate 6 million ethnic Turks from the Turkic world to Turkey and grant them citizenship, with a targeted settlement plan focusing on southeastern provinces. The initiative aims to restructure the region's demographic landscape and address persistent issues of terrorism and national security. Drawing from international examples such as Israel's Jewish diaspora strategy and Germany's labor migration integration programs, the study provides applicable solutions for Turkey. Policy recommendations and implementation strategies are proposed to support the socio-economic and cultural integration of the migrant population. Findings indicate that the proposed strategy would accelerate regional development and enhance Turkey’s national security paradigm in the long term.

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