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Political and Legal Tools for Ensuring the Cultural Rights of National Minorities in Ukraine in 1992-2018: Between Declarations and Reality

Author(s): Oleksander Yevhenovych Lysenko,Oleksii Mykhaylovych Tohochynskyi,Volodymyr Mikhailovich Pekarchuk / Language(s): English Issue: 1/2019

The purpose of the article is to characterize the political and legal means of regulating the cultural segment of the functioning of national minorities in Ukraine during the period of independence and to analyze the effectiveness of the legal and regulatory framework in resolving existing problems. Methodological approaches are based on polydisciplinary principles of studying the sphere of touch of ethnonational, legal, political and cultural phenomena. This involves taking into account theoretical developments in each of the scientific disciplines within which the specified range of issues is developed, as well as the application of the newest conceptual categorical apparatus. Through the integrated use of interdisciplinary approaches, the state's steps to regulate the cultural sphere of activity of ethnic and national minorities in modern Ukraine are traced, shortcomings and perspectives are overcome. Scientific novelty of the research is to systematically analyze the factors that influence the process of adopting political and legal documents that meet modern international standards and could accelerate the resolution of pressing problems in this area. Conclusions. The current internal and foreign political situation in Ukraine hinders the rapid resolution of the problems accumulated over many decades in the political and legal regulation of the cultural segment of ethnic minority activity. The action of destructive internal and external factors artificially limited the ability of the state in this regard. At the same time, there are grounds for claiming that there is no goodwill in the political elites that are responsible for resolving such issues. It is necessary to realize that in a rapidly changing world, regulatory support for ethnic policy must respond promptly to the challenges of time and be updated accordingly. The problem of developing adequate tools for the legal provision of cultural rights of ethnonational minorities, as well as the prevention of crisis situations, remains a pressing issue. In order to achieve effective steps in this direction, the state must properly organize their financial and material support.

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Transitions Online_Society-Sex Workers in Turkey Stand Up for Their Rights

Author(s): Aylin Kaplan / Language(s): English Issue: 01/13/2020

The industry in Turkey is legal, but both laws and social mores effectively criminalize many working in the field.

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Global Cybersecurity Culture in the International Discourse: Values and Principles

Author(s): Andrii Valeriyovych Paziuk,Vsevolod Vsevolodovich Mitsik / Language(s): English Issue: 2/2019

The purpose of the article is to analyse the development trends of the global culture of cybersecurity in contemporary international discourse devoted to outlining and framing the institutional and legal modalities for responsible behaviour of states and other actors in cyberspace. Methodology. The research methodology integrates dialectic, analytical and comparative methods. The scientific novelty lies in the revealing of the differences in political priorities, despite the formal consistency of the values, at the current stage of international discourse around the rules of responsible behaviour of a State in cyberspace emerged from the analysis of the results of the discussions of the First Committee of the UN General Assembly at its 73rd session (October 2018) entitled ‘Developments in the field of information and telecommunications in the context of international security’. Conclusions. The international discourse around the values and principles of the global cybersecurity culture is at an early stage and is essential for the formation of a coordinated position of international political actors regarding norms of responsible behaviour in cyberspace. In such way, by identifying the influencing factors and the ruling forces on behalf of the political actors, it is possible to understand the trends and predict its perspectives both from the point of view of institutionalization in the contemporary international order and legal framework that embody and protect human values as a core component of global culture in cyberspace.

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AMNISTIE ȘI PEDEAPSĂ ÎN CONTEXTUL JUSTIȚIEI TRANZITORII ȘI A RECONCILIERII UNEI SOCIETĂȚI POST-CONFLICT

Author(s): Vitalie Gamurari / Language(s): Romanian Issue: 1/2019

Amnesty and punishment are two important institutions of transitional justice. Discussions on the application of one or the other are quite common, each part having its arguments. One thing we can state for sure – prioritizing only an institution, it will certainly lead to transitional justice promoted by touching objects – a company post-conflict reconciliation is impossible, this process is a complex one, in which an important role belongs non-legal rules. However, transitional justice trying to find that common ground, that would satisfy society in integrum.

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THE ROLE OF THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS IN RESOLVING CASES CONCERNING SEPARATIST REGIMES IN THE REPUBLIC OF MOLDOVA AND GEORGIA

Author(s): Alexander KURTSKHALIA / Language(s): English Issue: 1/2019

By exercising its contentious and advisory powers, the Strasbourg Court has an important role to play in identifying and filling gaps in public international law. As the European Convention only proposes a list of fundamental human rights and freedoms, without defining them, the essential role in their interpretation and application rests with the European Court of Human Rights.The application of the Convention in cases concerning human rights violations within the territory with separatist regimes raises the question of the Convention's opposition to these regimes and of their liability under the Convention. As a general rule, separatist regimes are not parties to international treaties on human rights, which would provide for certain obligations for them. However, there are situations in which the rules of international law entail obligations imposed on non-state formations.

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RADISLAV KRSTIC`S CASE AS AN EXAMPLE OF COMMANDER`S LIABILITY

Author(s): Katarzyna Czeszejko-Sochacka / Language(s): English Issue: 03/2020

The issue of the military order is a very complex one. When giving or executing an order, one should always take into account the necessity to make choices. The decisions taken may in the future imply criminal liability as a consequence of the order that is contrary to legal norms, or executing it. The purpose of the article is to present the problem of giving an order from the perspective of the crimes committed in the former Yugoslavia, with a detailed account of the R. Krstic’s case. The author tried to answer the questions: What is the scope of the commander's liability? Is he liable only for the orders he has given? Does this liability extend to the behavior of his subordinates as well? In the presented article an analysis of selected court cases important from the point of view of the problem of giving an order was carried out. For this purpose, the regulations of International Military Tribunal at Nuremberg were analyzed. Subsequently, an analysis of selected court cases being investigated under the jurisdiction of the International Criminal Tribunal for the Former Yugoslavia. In conclusion are indicated the regulations of International Criminal Tribunal for Rwanda and the regulations of the Rome Statute of the International Criminal Court.

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MIGRATION FLOWS AND ECONOMIC DATA ANALYSIS

Author(s): Maria Vlachadi,Georgia Koufioti,Athanasios Kounios / Language(s): English Issue: 2/2019

The recent international economic and financial crisis has a number of ramifications that reflect, inter alia, adjustments in international migration flows. Immigration is amongst the most crucial and vibrant phenomena in the world, particularly in the European area, which is currently under severe migration pressure, on the one side, due to geopolitical reshuffling at international scale, and on the other, because the whole European framework appears to be a "land of opportunity" for population groups of countries that have lived through a long period of time. The short-term impact of recessions on foreign migration are characterized by a reduction in the flow of migrants into crisis-hit developed countries, a rise in the flow of migrants, and the introduction of government policies that attract unemployed immigrants to resettlement. Contemporary demographic movements, furthermore, consider taking on increasingly complicated dimensions, such as inland, circular and short or medium-sized transnational movements, which also render it extremely difficult to adhere to the classic typology of (permanent or prolonged) migration from one country (origin) to another (establishment). This study tries to include the available data as far as the economic consequences of migration in EU countries and especially Greece.

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POLITIKA SANKCIONISANJA POČINITELJA ORGANIZOVANOG KRIMINALITETA U I VAN ZLOČINAČKOG KOLEKTIVITETA U PRAKSI SUDA BOSNE I HERCEGOVINE ZA PERIOD 2009 - 2015. GODINE

Author(s): Azra Jamaković / Language(s): Bosnian Issue: 2/2019

Organized crime sanctioning and sanctioning crime committed out of criminal collectivity is a main inspiration for this paperwork. Additionally inspiration came from efforts of the Bosnia and Herzegovina Criminal Court sanctioning policy understanding and describe the current state. On the main question of the paper is to describe current state in organized crime sanctioning. Another aim is to provide value judgment in main question of paperwork which is: how much differences in two analyzed groups influence in sanctioning of perpetrators. This paperwork contains document analysis as a basic data collection method and the main source are Department II BiH Criminal court judgments. The only limiting factor is data incompatibility in all judgments. The paper describes the sanctioning of organized crime perpetrators and perpetrators sanctioned because of crimes out of criminal collectivity, and points out that the sanctioning policy matches to the Criminal Law norms and that sanctioning differences exists. Sanctioning organized crime perpetrators is adequate, but deeper mitigating circumstance research appreciated by Court should be analyzed additionally.The paper detects and describes sanctioning trend that wasn't the case in many previous similar research projects. Also, besides Criminal Court sanctioning policy and Criminal Law norms.

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ПРЕВЕНЦИЯ НА КОРУПЦИЯТА ПРИ ОБЩЕСТВЕНИТЕ ПОРЪЧКИ В ПУБЛИЧНИЯ СЕКТОР АКТУАЛНИ ПРОБЛЕМИ И ЗАЩИТНИ МЕХАНИЗМИ НА НАЦИОНАЛНО И ЕВРОПЕЙСКО НИВО

Author(s): Jordan Georgiev Deliversky / Language(s): Bulgarian Issue: 3/2016

Corruption is a complex phenomenon with economic, social, political and cultural dimension, which cannot be eliminated easily. Acts of corrupt behavior have their own specifics depending on the area in which they occur. The basic principles, on which the system of organization of public procurements needs to be build include: Transparency, good governance, prevention of violations, compliance and monitoring, accountability and control. The efficacy in preventing and detecting corruption practices in the implementation of public procurements depends on the efficiency of the common controls in this area.

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Transitions Online_Around the Bloc-9 January

Author(s): Ioana Caloianu / Language(s): English Issue: 01/13/2020

Regional highlights: TurkStream launched; Poland and Israel; a matter of (Balkan Orthodox) faith; Gulnara Karimova back in court; and healing berries.

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Механизми за наблюдение на изпълнението по универсални международни договори в областта на правата на човека

Author(s): Katerina Yocheva / Language(s): Bulgarian Issue: 8/2018

In the present study under consideration are the various universal human rights treaties andin particular those of them that establish different treaty-based implementation monitoringmechanisms. This article presents only briefly the various human right instruments and their respective treaty-based mechanisms and procedures. In-depth analysis of the relevant universal human right treaties and their monitoring mechanisms is made by the same author in a separatecomprehensive study.

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Зa религиозното образование в България

Author(s): Petya Nedeleva / Language(s): Bulgarian Issue: 8/2018

The issue of religion and religious education raises serious discussions. There are conflictingopinions about their place and role in the curricula and in general in the lives of adolescents,and this public discussion has been observed since the late nineteenth century. According to oneopinion, religion has no place in school education and issues related to religion should remainwith the family. Religious education, as fundamental to building a value system and toleranceamong the younger generation, is also supported by strong arguments. However, there is no unanimity as to when religious education should begin and how long, and what its content should be.There is another important question – the lack of interest in religious education among society,and especially among young people. This indifference can be explained to a large extent by politicstowards religion and religious communities during the socialist period.

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Актуалните проблеми в наказателното законодателство през 2017–2018 г.

Author(s): Lidiya Peneva / Language(s): Bulgarian Issue: 8/2018

This paper examines the fundamental question how Bulgarian Criminal Law shall integrate thenew requirements of some Directives of European Union. The aim of this paper is to describe the current problems in penal law through last year. The first part of the paper explores how in Bulgarian Criminal law was integrate some important requirements of Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/ JHA; Directive 2014/62/EU of the European Parliament and of the Council of 15 May 2014 on the protection of the euro and other currenciesagainst counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA and COMMISSION REGULATION (EU) No 1143/2013 of 13 November 2013 amending Regulation (EU) No 1031/2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowances trading within theCommunity. The second part contains analyses of some existing legal provisions and the third part isthe focused on the new suggestions in the field of protection against domestic violence. This scientificstudy envisions some suggestions to include de ege ferenda in the future criminal legislation ofthe Republic of Bulgaria for better efficiency.

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Престъпления против брака и семейството преди Наказателния кодекс от 1968 г.

Author(s): Lidia Peneva / Language(s): Bulgarian Issue: 1-3/2019

Crimes against marriage and family are a particular group of social relationships that the law has defended properly in view of the high public significance and value they enjoy. At the moment they are regulated in Chapter VI, Section I, of the specific part of the Penal Code the Republic of Bulgaria. The subject matter of this Statement will, however, be the legislative provisions concerning these criminalized acts in retrospect. The purpose of the study is to show by historical method and through the comparatively legal method the development of these criminal groups during the periods of various criminal laws in Bulgaria. This will also provide a basis for reflection on possible de lege ferenda proposals. This report from a structural point of view will be divided into three distinct points, marking each of the penal laws in the Republic of Bulgaria, which were in force before 1968.

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On certain legal provisions from the point of view of the division between public and private law

Author(s): Mihaela Fodor / Language(s): English Issue: XVII/2019

Romanian law maintains the distinction between the branch of public law and the branch of private law. This article addresses this distinction between the two and analyzes, through this distinction, certain recent provisions of the Civil Code, the Civil Procedure Code and laws that have to do with the domain of contentious administrative law. The definition of the public legal person shall be analyzed, along with the procedural norms that refer to this category of persons. We will present observations that have to do with establishing distinct competences for the solving of litigation stemming from the same legal document: the administrative contract, respectively the competence of courts specializing in contentious administrative cases when it comes to litigation concerning the conclusion or nullity of said contract, and the competence of civil courts of law when it comes to litigation concerning the execution of said contract.

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Transitions Online_Around the Bloc-12 March

Author(s): TOL TOL / Language(s): English Issue: 03/16/2020

Today’s regional roundup: Judging Slovak judges; a trans-breakthrough in Russia; Lithuanian independence; an Uzbek city goes green; and biking in Czechia.

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Transitions Online_Around the Bloc-13 March

Author(s): Ioana Caloianu / Language(s): English Issue: 03/16/2020

Headlines from around the region: Coronavirus update; Russian athletes; Serbian Orthodoxy in Montenegro; the Nazarbaevs’ London real estate; and Romania’s fishy new citizens.

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Gender Based Violence Against Syrian Refugee Women in Turkey

Author(s): Aysun Dogutas / Language(s): English Issue: 2/2019

Following the outbreak of war in Syria, many people had to move to neighbouring countries and beyond. Hence Turkey received a large number of Syrians as refugees since 2011. Syrian refugee women faced challenges arising from them being refugees and women. These experiences are not dissimilar to other refugee women’s experiences around the world. This study aimed at analysing the news about Syrian refugee women in Turkish newspapers. Four well established Turkish newspapers with nationwide distribution (i.e. Habertürk, Cumhuriyet, Hürriyet and Internethaber) were screened between 2015 and 2019. It was found that Syrian women refugees faced gender-based violence in Turkey. Their experiences as concubines, and in prostitution as well as sexual assaults were mentioned in the news articles we have analysed.

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Transitions Online_Around the Bloc - 31 March

Author(s): Ioana Caloianu / Language(s): English Issue: 04/06/2020

Our regional news roundup: Russia in quarantine; Georgian and Slovak economies fend off infection; Bulgarian politician arrested; and reviving Soviet ventilators.

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Citizenship in post-conflict Kosovo

Author(s): Attila Nagy / Language(s): English Issue: 10/2019

The recent developments of the refugee crisis have shaken Europe but many forgot that it all happened with the Kosovo Albanians leaving their land in the winter of 2015 and heading to EU. They have been the first passengers on the immigration route leading to EU after many others followed them creating a big immigration crisis. The reasons for this crisis are various and we will focus on the case of Kosovo and thus try to help understanding it. Years ago Kosovo citizens started leaving their country legally with Serbian passports and this has created a worrying effect in the EU. As an outcome Serbia was forced to issue a different kind of passport to its citizens in Kosovo. In fact Serbian citizenship belongs to each and every citizen of Kosovo, in fact they are all dual citizens. The problem was that the Serbian government issued passports of a different kind to its Kosovo citizens and that way prevented them from using the visa free travel to EU. This case of discrimination is coming together with the somewhat forceful pushing of the Kosovo citizenship onto the Serbian minority in North Kosovo.

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