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Проблеми в правоприлагането на обидата и клеветата в светлината на правото на защита срещу посегателството върху честта, достойнството и доброто име

Проблеми в правоприлагането на обидата и клеветата в светлината на правото на защита срещу посегателството върху честта, достойнството и доброто име

Author(s): Simona Veleva / Language(s): Bulgarian Issue: 1/2018

The paper addresses some crucial issues related to insult and slander. The definition and protection of the dignity, honour and reputation as constitutionally protected values are discussed. The legal regime of insult, defamation and slander in some European countries are also marked, as well as some major disturbing tendencies related to freedom of expression related to them. The legal framework of insult and slander in Bulgarian criminal law are examined in detail. The paper examines the specifics related to the increase of slander and insult in the internet and the related problems. It also shreds light on those problems concerning minors and the need of better protection at schools through soft law and self-regulation.

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Международна наказателна отговорност. Международният наказателен трибунал в Нюрнберг (1945-1946)

Международна наказателна отговорност. Международният наказателен трибунал в Нюрнберг (1945-1946)

Author(s): Sonya Popova / Language(s): Bulgarian Issue: 3/2011

The criticisms that the international military tribunal did not have jurisdiction to apply ex post facto laws and that it had judged only the defeated are in a number of ways justified. The Nuremberg process, apart from its legitimacy, remains in history as a political process that does not guarantee or provide justice, but on the contrary it turns into a cruel and definitely unfair witch hunt that extends not only to the leaders of the Nazi regime but also falls like a huge burden on the whole German people.

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SMELLING THE GHETTO

SMELLING THE GHETTO

Author(s): Victoria Nizan / Language(s): English Issue: 1/2017

This article deals with allusions to smells and odours in Ruben Ben Shem's diary, an extensive journal that was written in the Warsaw ghetto from November 1940 until April 1943. The paper attempts to define the nature of the gap between allusions to smells related to by the diary writer in contrast to our understanding of the information acquired through reading the diary. The difficulty of the attempt relates to elusiveness of odours which causes them to be difficult to imagine, especially if one wasn't exposed to them beforehand. (Katz 1997: 4)

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КОНТИНУИТЕТ МИГРАНТСКЕ КРИЗЕ У ЕВРОПИ, С ОСВРТОМ НА БиХ

КОНТИНУИТЕТ МИГРАНТСКЕ КРИЗЕ У ЕВРОПИ, С ОСВРТОМ НА БиХ

Author(s): Dragan Radišić / Language(s): Serbian Issue: 4/2019

This paper has aim to point out that the migrant crisis, with all its challenges that accompany it (security, economic, social, legal, demographic, etc.), has not stopped, and has its continuity and tendency of increase, and that the EU and international community have not found effective solutions .At this stage of the migrant crisis, BiH is not exception, and the fear is growing, because the competent institutions are insufficient on the ground, and almost the whole issue has been handover to the jurisdiction of local communities in the Una-Sana Canton (USK) that are notable to deal with such complex problems without the comprehensive help of the wider community.

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IMIGRACIJE U UNSKO-SANSKOM KANTONU I SIGURNOSNI IZAZOVI

IMIGRACIJE U UNSKO-SANSKOM KANTONU I SIGURNOSNI IZAZOVI

Author(s): Anel Ramić / Language(s): Bosnian Issue: 4/2019

This article analyses the uncontrolled entrance of immigrants in the area of Una Sana Canton, and law provided instruments of fight against the safety challenges. It also analyses the efficacy of these instruments in the world and in Bosnia and Hercegovina, especially from the aspect of unwanted effects brought by the immigrants. Primarily it is discussed about the measures and actions which encourage radicalisation, that as an object of use have the entire groups against the individuals indicated as the potential perpetrator of terrorist attacks. In that way they alienate the mentioned groups and the inefficiency of the border control. The main goal is to propose the methodological approach to the fight of violent immigrants in the area of Una Sana Canton, as well as other areas because of the inadequacy to receive such a great number of immigrants who are coming to this area, the inadequacy of accommodation, health care and the safety of citizens who are not feeling safe in Bihac and Velika Kladusa, two cities which are mostly affected by this crises. Due to the absence of the right action by the higher and lower levels of the authorities from 2018 until now Una Sana Canton has become the dangerous area because of the large numbers of incidents connected to the immigrants (the murders, acts of iniquity, severe bodily injury, burglaries etc.). The safety challenges have become more complicated because none of the authorities have the right number of the immigrants, their identity, and also there is no political will to put this problem under the control. The personal interests of an individual have been put in front of the safety of the people of Una Sana Canton through the paid media advertising and international organisations. There is also a partial approach of strengthening of the eastern border, mostly because of the ignorance and the absence of will of certain political leaders in Canton and in Bosnia and Hercegovina. In 2018 the campaign and the general elections were held in Bosnia and Hercegovina and that is one of the reasons why the leaders were not paying too much attention to the immigration problem in the area of Bihac and Velika Kladusa.

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POLOŽAJ ŽRTAVA KRIVIČNOG DELA TRGOVINE LJUDIMA

POLOŽAJ ŽRTAVA KRIVIČNOG DELA TRGOVINE LJUDIMA

Author(s): Gordana Nikolić / Language(s): Serbian Issue: 4/2019

In the criminal justice sense, trafficking in human beings is an extended and extremely difficult criminal offense, which, due to its complexity, also forms part of organized crime. In criminological practice, the clarification of these works is not easy, it requires different ways, means and mechanisms of repression, while in the criminal procedure law, on the one hand, a regular course of criminal procedure is followed, while respecting all the principles of criminal procedural law, but on the other hand a difficult and exhaustive procedure, especially in terms of securing personal evidence by the victim. The author examines the work of trafficking in human beings precisely from the aspect of his victims, and this is related to the following: firstly, the basic determinations of the criminal offense of trafficking in human beings according to the actual application of the Criminal Code of the Republic of Serbia and Republika Srpska were analyzed, and the aspects of the victim this criminal act in judicial practice and pointed to the marginalization of persons who are often the victim of trafficking in human beings. In this connection, the author makes conclusions that indicate that adequate prevention from the execution of this serious crime is precisely the purpose of more effective protection of potential victims, that is, on the preventive action and protection of persons on the margins of social status, which can be included in the catalog of elections victims of human trafficking.

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POLOŽAJ LEZBEJKI U SRBIJI

POLOŽAJ LEZBEJKI U SRBIJI

Author(s): Zorica Mršević / Language(s): Serbian Issue: 4/2019

The analysis of the position of lesbians starts from the general position of women through the position of the LGBTI population as a whole to the specificity of lesbian existence. The most visible data on the position of lesbians in Serbia is the fact that Serbia as the first country in the region, and one of the very few in Europe and the world, got in June 2017 the prime minister openly identified as a lesbian. The mostly expressed opinions of LGBTI people, their friends and relatives about the fact that Prime Minister Brnabić has positively influenced the improvement of the position of lesbians and the general LGBTI population, although there are also different attitudes. Nearly non reduced are all three basic problems that characterize the position of lesbians in Serbia during many years: vulnerability of personal safety due to non-sanctioned anti-lesbian violence, tolerated hate speech in public discourse, and the lack of legal regulation of same-sex partnership and family relations. Lesbians, in most cases, share the same problems, disdain, discrimination, threats, intimidation, attacks both verbal and physical, but in the same time as well improvements to the better, as the entire LGBTI population. Lesbians also share the common general position of women and are also affected by typical women’s problems with misogyny, such as the gender based violence and discrimination. The lack of implementation of most relevant provisions of the Government's Strategy for Prevention and Protection against Discrimination and the its Action Plan for implementation from 2014 to 2018. is the most immediate practical reasons for the existence of all of these three problems. But the main reason is the continued existence of discrimination based on sexual orientation as part of the everyday life of the LGBTI people in Serbia, where this population remains among the most discriminated groups. This text is based on academic sources, reports issued by independent institutions, e.g. the Protector of Citizens and the Commissioner for the Protection of Equality, non-governmental organizations specifically dealing with human rights issues of the LGBTI population, as well as relevant decisions of the European Court of Human Rights in Strasbourg.

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Кодификация на българското обществено осигуряване

Кодификация на българското обществено осигуряване

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian Issue: 1/2008

On December 2, 1999 the Social Security Code (promulgated in State Gazette No. 110 of 17 December 1999), which entered into force on 1 January 2000, was adopted. This led to the beginning of the codification of the Bulgarian social security law . The legislative approach adopted by the legislator complied with the requirement of Art. 4, para. 1 LCA (order 1973, in force at the moment of adoption of the KHIC) - by a code to regulate public relations, subject to a whole branch of the legal system or a distinct important part of it.

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Ролята на полицията в борбата с домашното насилие и прилагането на Закона за защита срещу домашното насилие

Ролята на полицията в борбата с домашното насилие и прилагането на Закона за защита срещу домашното насилие

Author(s): Krasimir Grigorov / Language(s): Bulgarian Issue: 3/2008

The roots of domestic violence go back to ancient times and emerge with the formation of the family as an independent structure of coexistence between individuals. In the Arab world, and until now (we know that legislation is based largely on customary law), the spouse or the head of the family may have sexual, physical, let alone mental abuse and restriction on the personal freedoms of other members. to the family (if he catches his wife in infidelity, the husband may stone her and that is right according to custom and law).

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Кодифицирането - запазване на римскоправните принципи - да се живее честно, да не се вреди другиму и да се отдава всекиму своето

Кодифицирането - запазване на римскоправните принципи - да се живее честно, да не се вреди другиму и да се отдава всекиму своето

Author(s): Hristo Krastev / Language(s): Bulgarian Issue: 3/2008

Roman philosophers and thinkers, ancient Roman lawyers formed the legal concepts and established the spirit of law unconditionally. For the study and study of legal institutions and concepts, legal terminology requires serious use of Latin. Anyone who has dealt with classical languages knows that Latin and culture are part of the foundation upon which modern scientific integration is developed.

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България след присъединяването към Европейския съюз - перспективи за бъдещо развитие

България след присъединяването към Европейския съюз - перспективи за бъдещо развитие

Author(s): Nadya Dyavolska / Language(s): Bulgarian Issue: 3/2008

As a full member of the European Union, Bulgaria has largely aligned its legislation with European law. However, there are a number of challenges to our country that arise from my membership. Bulgaria has yet to meet the EU's standards and requirements. One of the goals of the Bulgarian Government at present is the admission of our country to the Schengen area in 2011. Bulgarians, like all other citizens of the European Union, are the holders of the four fundamental rights.

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Относно необходимостта и възможността да съществува общо понятие за ценните книжа с оглед на техните налични и безналични форми

Относно необходимостта и възможността да съществува общо понятие за ценните книжа с оглед на техните налични и безналични форми

Author(s): Silvia Tsoneva / Language(s): Bulgarian Issue: 4/2008

Securities are defined as transferable rights registered in accounts with the Central Depository or other depository institution (dematerialized securities), or documents materializing transferable rights (available securities) that can be traded on the capital market, except for payment instruments (Article 2 of the Public Offering of Securities Act).

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Наказателноправна защита на регистрационния и идентификационния режим на моторните превозни средства

Наказателноправна защита на регистрационния и идентификационния режим на моторните превозни средства

Author(s): Ralitsa Kostadinova / Language(s): Bulgarian Issue: 4/2008

Section II of Chapter XI of the Criminal Code (CC), entitled "Crimes in Transport," aims to provide criminal defense protection for transport activity by criminalizing two groups of publicly dangerous acts. The first group of offenses concerns transport safety (transport offenses) and the second group concerns public relations in relation to the established order of transport.

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Защита от дискриминация на работници или служители с намалена работоспособност

Защита от дискриминация на работници или служители с намалена работоспособност

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian Issue: 1-3/2007

Important role for the international recognition of human rights as an important one. An active component is an integral part of fundamental human rights and freedoms rulemaking activity of the International Labor Organization (ILO). This one the international organization was established in 1919 and initially functioned as a parallel organization of the Society of Nations, and subsequently as a specialized organization UN organization.

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Сравнително-правни аспекти на касационното производство в новия български Наказателен процес

Сравнително-правни аспекти на касационното производство в новия български Наказателен процес

Author(s): Elena Nedyalkova / Language(s): Bulgarian Issue: 1-3/2007

The reform of the criminal justice system of the Republic of Bulgaria covers a specific system of legislative, administrative and organizational measures, aimed at delivering timely and fair justice. The preparation and the adoption of a new Code of Criminal Procedure is a natural result of striving to improve the Bulgarian legislation in the field of criminal proceedings.

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Общественият защитник - организация и начин на употреба

Общественият защитник - организация и начин на употреба

Author(s): Petya Nedeleva / Language(s): Bulgarian Issue: 1-3/2007

To make the most of all the opportunities it provides an institution needs detailed knowledge of its structure and nature. There is also a need for a high level of awareness of the legal basis on which it was created.

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Наказателноправната превенция и санкция за нарушаване владеенето на недвижим имот

Наказателноправната превенция и санкция за нарушаване владеенето на недвижим имот

Author(s): Ivan HRISTOV / Language(s): Bulgarian Issue: 1-3/2007

This report examines the application of Art the subject of the encroachment is real estate and the right or dispute has been exercised alien. A specific case was discussed as well as the opposing views on the application of art.323 para 1 of the Criminal Code.

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Възникване, понятие и същност на правата на човека

Възникване, понятие и същност на правата на човека

Author(s): Margarita Kostova / Language(s): Bulgarian Issue: 1-3/2007

Human rights are inherently linked to the preservation of human rights the basic and most important possessions of the human personality - life, health, the dignity of a person. The concept of "human rights" has been present in legal thinking for centuries. And as far as human rights are concerned, it is difficult to separate the philosophical from the legal beginning, because human rights trigger complex thinking a chain of concepts such as nature, morality, society, responsibility that affect the historical evolution and institutionalization of human rights.

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Неизбежна отбрана

Неизбежна отбрана

Author(s): Mladen Kolev / Language(s): Bulgarian Issue: 1-3/2007

Circumstances in which malicious the act is not socially dangerous, are expressly provided for in Penal Code. They are an inevitable defense (Article 12 CC), detention of a criminal (Art. 12a CC), final necessity (Art. 13 of the Criminal Code) and justified economic risk (Art. 13a of the Tax Code).

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Условното осъждане според словенското наказателно право

Условното осъждане според словенското наказателно право

Author(s): Stefka Popova / Language(s): Bulgarian Issue: 1/2005

Conditional and Suspended sentence according to Slovenian criminal law. This work describes the criminal law practice in Slovenia concerning conditional and suspended sentence, and probation. Basic provisions- In Slovenian criminal law there are three kinds of admonitory sanctions: a suspended sentence, a suspended sentence with custodial supervision, and a judicial admonition. Conditions-If the sentence is imprisonment for a term not exceeding two years or a fine, this sentence may be suspended. A partial sustention of sentences is not possible Attached general or special conditions-The period for the fulfillment of such obligations is determined by the court within the limits of the term of suspension. Supervision of compliance. The procedure after a breach of a condition and the consequences.

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