ENSURING THE CONVICTORS’ RIGHT TO PERSONAL SECURITY

Author(s): Oleg Rusu / Language(s): English Issue: 1/2022

The article is devoted to the legal and organizational aspects of ensuring the right of detainees to personal security. Ensuring the personal security of convicts during the execution of the sentence is one of the basic tasks of the executive-criminal system. Thus, a legal feature of personal security is presented in the context of ensuring the right of convicts to personal security. A classification of the normative acts that regulate the measures to ensure the personal security of the convicts in the process of executing the criminal sentences of deprivation of liberty is made. The author also made an analysis of the legal basis that regulates the issues related to ensuring the personal security of detainees. The analyzed normative acts represent a basis for the improvement of the legal regulation of the personal security of the convicts. In this context, an analysis of the existing problems in this field is made at the current stage. Also, the regime measures of ensuring the personal security of the convicts in the process of execution of the custodial sentences are examined. Finally, measures to ensure the safety of convicts in the execution of sentences are examined.

THE GENERAL CONCEPT OF CRIME PREVENTION, WAR CRIMES IN THE LEGISLATION OF THE REPUBLIC OF MOLDOVA

Author(s): Alexandru Cicală,Igor Soroceanu / Language(s): English Issue: 1/2022

Crime includes all the transgressions that are committed in a certain territorial-administrative space. Preventing them from being committed is essential in order not to admit the damage to the supreme values of society. War crimes directly attack the constitutional order, peace and security of mankind. Therefore, within the framework of this research, we intend to carry out an analysis of the general concept of crime prevention, including the general prevention of war crimes.

Odhumanizowanie jednostki i demontaż wartości w „Oleju” Lukasa Bärfussa

Author(s): Justyna Kłopotowska / Language(s): Polish Issue: 44/2022

This article aims to show the dehumanization of the individual and the dismantlement of values as depicted in Lukas Barfuss’ play, entitled Oil. These processes are inextricably linked with an unbridled lust for money that ultimately leads to tragedy. Starting with a reference to ancient energy and moving through the (post)colonial relations and the knowledge-power dyad, as theorised by Michel Foucault, a possible interpretation of Barfuss’ work is presented.

The Evolution of Civic Activism in Contemporary Russia

Author(s): Lisa McIntosh Sundstrom,Laura A. Henry,Valerie Sperling / Language(s): English Issue: 04/2022

This article examines Russian citizens’ support for and participation in civic activism today, nearly three decades after the collapse of the Soviet Union. Specifically, we consider how activism has evolved over time in two key issue sectors—environmentalism and women’s rights. We draw on a recent nationally representative survey that challenges existing stereotypes of Russians as apathetic and/or fearful of participating in civic activism, showing, to the contrary, that Russians are willing and interested in engaging in public activities. Data from field interviews with environmental and feminist activists, along with the authors’ past twenty-five years of research in these areas of Russian civic activism, allow us to identify an ongoing shift from professionalization and formalization of NGOs in the 1990s and early 2000s, to informal organizing, often assisted by social media platforms, today. We argue that the three major social and political drivers of this change in Russian civic activism are the contraction of political freedoms, the decline in foreign funding, and the availability of web-based communication and fundraising technologies.

ASPECTE PRIVIND EVOLUȚIA ÎNVĂȚĂMÂNTULUI LA TURCII ȘI TĂTARII DIN ROMÂNIA: PROGRAMA UNIFICATĂ DIN 1935

Author(s): Metin Omer / Language(s): Romanian Issue: IV seria 3/2022

After the Russo-Ottoman War of 1877-1878 when Dobrudja became part of the Romanian state, Turkish language education continued to function in the traditional way remaining from the Ottoman period. Attempts to regulate the education of minorities existed in the interwar period when officials from the Kingdom of Romania adopted a series of measures in this regard. At the same time, there were initiatives from minorities, in the case of the Muslim community a sensitive aspect being that of the subjects that should be studied in schools. The first unified curriculum of Turkish primary schools in Dobrudja was prepared at the initiative of the "Association of Graduates of the Muslim Seminary in Dobrudja" and published in 1937 at the printing house of the "Emel" magazine. This article aims to analyze the content of the curriculum. Thus, an important contribution is made in terms of the code of conduct and the themes studied in the Turkish schools until the establishment of the communist regime. Given that the curriculum was published in Ottoman Turkish in 1937, long after the introduction of Kemalist reforms, that it proposes the use of the Ottoman alphabet, and that most of the program focuses on the study of religion, the paper tries to show whether it was an expression of opposition against the kemalist reforms or an attempt to improve the quality of education in Turkish schools in Dobrudja. To achieve this objective, beyond the analysis of the content of the program, the foundations of those who drafted it is also explained.

Eduard vilde, eurooplane ja naisõiguslane

Author(s): Arno Oja / Language(s): Estonian Issue: 03/2013

Review of: Livia Viitol. Eduard Vilde. Tallinn: Tänapäev, 2012. 375 lk.

OPERIS NOVI NUNTIATIO И INANES DENUNTIATIONES МЕЖДУ V И VI ВЕК СЛ.ХР

Author(s): Iole Fargnoli / Language(s): Bulgarian Issue: 1/2022

The article considers one imperial constitution of the emperor Zeno, reached to us through the Justinian Code (8.10.12). This law intervenes on the procedural terms of the judgment to react to the annoying practice, widespread in Constantinople, of spurious denunciations for new work aimed at preventing the continuation of the works of others. The provision is valuable for reconstructing what remains of the operis novi nuntiatio of the classical period at the end of the 5th century ad.

“Ospiti indesiderati”: il diritto d’asilo a 70 anni dalla Convenzione ONU sui rifugiat

Author(s): Benedetto Coccia,Antonio Ricci / Language(s): Italian Issue: LXI/2022

For many, in seventy years, the Geneva Convention of July 28th, 1951 and the New York Protocol of December 31st, 1967 have made the difference between death and life, between danger and safety, between despair and hope. Seventy years later, the right of asylum seems to have followed a downward trend which, after a phase of great expansion and convergence between the States adhering to the Convention, united by the desire to protect European refugees produced by the Second World War, today show its progressive decline and debasement. A factual confirmation of this downward trend today is found in the growing resistance to the reception of refugees from Syria or from the African continent, which has made asylum one of the most controversial issues in the decision making process within the European Union. Asylum policies are now characterized by systematic doubts about asylum seekers’ credibility. The launch of Frontex in 2004 and its subsequent developments, under the banner of the official mission to combat “irregular immigration”, have in fact contributed to further limiting the arrivals of refugees, who generally do not have alternative channels of entry to those used by the so called “economic migrants”, and the strengthened “rhetoric of abuse”. Starting from the results of the recent research project “The future of the Geneva Convention on refugee status 70 years after its establishment”, carried out in 2021 by the authors in the framework of the collaboration between “S. Pio” Institute – IDOS, this contribution will try to analyze the substantial change that has taken place in the image of asylum seekers and refugees, on a cultural and political level, which from subjects deserving of protection, as had happened at the time of the promulgation of the Geneva Convention, has seen them decay to unauthorized international migrants, in other words to “undesired guests”.

Impactul socio–economic al migraţiei în Europa secolului XXI

Author(s): Șabnam Cristina Paknehad / Language(s): Romanian Issue: LXI/2022

This article examines actions with a higher impact on migration flows, which are given priority and there must be a long term involvement in order to address their root causes. The EU aims to strengthen the political dialogue, cooperation, exchange of knowledge and experience with partner countries, civil society organizations and local authorities, in support of human mobility as a positive element of human development. The author considers that integration based cooperation with a rights based approach, primarily human rights, will enable us to meet the challenges facing humanity in the current migration crisis, especially the tragedy that began on February 24, 2022, which continues until the day of writing this article.

Migration and Migrants–Identity and Social Inclusion

Author(s): Ioan-Adrian Moșuțan / Language(s): English Issue: LXI/2022

Migration has a potential risk for state security from perspective of social inclusion. Even if migration is not a new phenomenon, recent events have generated new challenges. In order to maintain the security climate is necessary for migrants to comply with the rules imposed by the host state and also is necessary to be included in social life (education, access to health care services, employment), which can be an extremely difficult process because differences of opinion, culture and education are significantly and from this point serious difficulties can appear. Managing a large number of migrants, generally those from conflict zones in the Arab area have tested state mechanisms for security both due to the very large number of people (which also involved the increase of certain illegal acts committed by migrants) and also created real challenges for the social inclusion of these people, having direct implications for state security. Effective management of migrants is closely dependent on ensuring a climate of state security and to achieve this goal we must not only think about security as police or military perspective but we must also approach the situation in terms of social inclusion and even medical/ public health security- in current epidemiological context, the management of large masses of migrants or refugees can generate considerable security risks.

ANALIZA POSTOJEĆIH MODELA ZAPOŠLJAVANJA OSOBA S MENTALNIM TEŠKOĆAMA U BIH

Author(s): Ljubo Lepir / Language(s): Bosnian Issue: 5/2022

The employment of persons with mental disabilities is a very demanding area of social policy since the realization of the universal right to work is burdened with many challenges. In the first place, these are real problems of adapting persons with mental disabilities to work processes, which arise from limited possibilities of using individual competencies. On the other hand, community stereotypes and prejudices further complicate the inclusion of people with mental disabilities in work processes. Difficulties arise from the practice of not applying existing legal solutions, as well as from the constant lack of institutional capacities that should provide systemic support for the employment of these people. Bosnia and Herzegovina, as a signatory to international documents in this field, established a formal legal framework for employment of people with mental disabilities, which is based on the practice of employment of people with disabilities. Entity laws and funds for professional rehabilitation and employment of people with disabilities form the basis of this framework. The analysis of the employment of people with mental disabilities shows that in Bosnia and Herzegovina, in addition to institutional models, there are noninstitutional innovative solutions created by the active participation of user associations.

O JEDNOM PRIKAZU KONSENZUSA BEZ POKRIĆA

Author(s): Neven Sesardić / Language(s): Croatian Issue: 19/2022

Politolog Enes Kulenović nedavno je u ovom časopisu (Kulenović, 2022) objavio recenziju moje knjige Konsenzus bez pokrića (Sesardić, 2022). Mnogi smatraju da autori u načelu ne bi trebali odgovarati na negativne recenzije svojih knjiga. Do sada sam se toga i sâm pridržavao. Ali postoje iznimke. Dobar razlog za reagiranje je ako autor knjige može ukazati na neke centralne, dokazivo pogrešne ili proizvoljne tvrdnje u recenziji koje bi inače mogle izgledati uvjerljive, posebice onima koji nisu čitali kritiziranu knjigu. Slijedi niz Kulenovićevih prigovora i mojih komentara na te prigovore.

ODGOVOR AUTORU KNJIGE KONSENZUS BEZ POKRIĆA

Author(s): Enes Kulenović / Language(s): Croatian Issue: 19/2022

Zahvaljujem profesoru Sesardiću na njegovim detaljnim komentarima na recenziju knjige Konsenzus bez pokrića. Iako se ne slažem s većinom stavova koje Sesardić zagovara u svojoj knjizi, fokus moje recenzije nije bio na kritici samih tih stavova, već na načinu na koji on brani i opravdava te stavove. U recenziji iznosim kritiku da Sesardić propituje konsenzus o pitanjima o kojima raspravlja na neuvjerljiv način: izbjegava jasno odrediti temeljne koncepte o kojima govori i ne razlikuje ih od drugih srodnih koncepata, pogrešno interpretira argumente svojih neistomišljenika, ignorira istraživanja i studije koje ne podržavaju njegove stavove, površno pristupa kompleksnim temama o kojima piše, te zanemaruje širi povijesni i društveni kontekst problema kojima se bavi. Njegovi komentari na moju recenziju dodatna su potvrda da je moja inicijalna kritika bila opravdana.

THE HUMAN RIGHTS PROTECTION SYSTEM IN EUROPE

Author(s): Andreea Dragomir,Sergiu Berindea / Language(s): English Issue: 2/2022

This dual system of protection of human rights and fundamental freedoms established at the European Union level — the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights — ensures uniform and unhindered protection, specific to modern democracies, to all citizens of the Union area. The paper aims to identify the elements of interference in the application and observance of the content provided by the two supranational acts by identifying the legal nature of each individual and by recognizing the legal, social, economic, and political factors that may represent threats in the implementation of human rights and fundamental freedoms. The projection of risks and threats to the system of protection of human rights and fundamental freedoms within the European Union leads to the possibility of forming elements of protection at both doctrinal and case-law levels. To achieve the security of the protection system established at the Union level, it is necessary to work together on several issues: the European Court of Human Rights, the Court of Justice, the institutions of the European Union, the States, and the national courts through its case-law.

Czy europejska inicjatywa obywatelska może służyć zmniejszeniu deficytu demokratycznego w Unii Europejskiej? Uwagi na podstawie wniosku Minority SafePack

Author(s): Joanna Kielin-Maziarz / Language(s): Polish Issue: 4/2022

The article attempts to answer the question about the role that the European Citizens’ Initiative (ECI) plays in reducing the democratic deficit of the Union. The effectiveness of this institution has been analysed using the example of the Minority SafePack – a proposal to adopt amendments that would serve to ensure greater protection of the rights of national and linguistic minorities and to strengthen cultural and linguistic diversity in the EU. The text analyses the reasons why the Commission took a negative stance. On the one hand, the subject matter of the proposal itself is one of them. The European Union, in its justification, states that it has no competence in relation to many of the proposals contained the initiative. In addition, there is also a general reluctance of the EU to deal with minority problems, mainly due to the fact that they involve issues that are sensitive to the Member States, such as national identity and linguistic diversity. On the other hand, the rejection of the proposal is an expression of a general tendency. The Commission is very sceptical about applications submitted under the ECI, refusing to register them to a prohibitive extent. This state of affairs certainly does not allow the ECI to be described as an effective tool that contributes to the reduction of the democratic deficit in the EU.

David M. Farrell, Jane Suiter, Reimagining Democracy: Lessons in Deliberative Democracy from the Irish Front Line. Ithaca and London: Cornell University Press, 2019

Author(s): Joanna Podgórska-Rykała / Language(s): English Issue: 4/2022

Corruption as Legacy on Occurrence Undermining Human Rights - An Exploratory Research on the Third Sector Response in Albania within Western Balkan Context

Author(s): Juliana Zaharia / Language(s): English Issue: 79/2022

Literature view to corruption as a form of abuse with power and procedures guided research design, and construction of the variables throughout comparative analysis of data, with purpose to introduce through this study a new perspective on the distinct role that the structures of the third sector play in opposing corruption in society. Data collection through quantitative and qualitative methods engaged 406 respondents (n = 406) representing 372 civil society organizations, associations, foundations and social enterprises. Considering Albania as the country in Western Balkan with an widespread corruption exposed from anti-corruption organizations and groups, conducting the study through an one-single nation setting provide a representative background to empirically based scientific conclusions on consequence of corruption to human rights and opportunities, as an underestimated consequence from the perspective of the social sciences.

THE AFRICAN UNION’S AGENDA 2063 FOR AFRICA’S DEVELOPMENT: POSSIBILITY OR RUSE?

Author(s): Victor H. Mlambo,Xolani Thusi,Sbonelo Gift Ndlovuand / Language(s): English Issue: 3/2022

When Africa emerged from the chains of colonialism, there was great hope for post-colonial African leaders to consolidate the spirit of Pan-Africanism and use Africa's vast resources to spur inclusive socioeconomic development. The Organization of African Unity also supported this vision, as did the Lagos Plan of Action and the New Partnership for Africa's Development. Great emphasis was placed on continental integration and African unity. However, post-colonialism, Africa has been engulfed by never conflict, fragmentation of governance, political instability, and unstable relations between African countries, thus defeating the need for unity and collective development. The African Union Agenda 2063 is Africa's blueprint for achieving inclusive and sustainable socioeconomic development. It seeks to ensure, amongst others, peace and economic and political stability. However, there have been questions about whether the AU can achieve this. This doubt has been driven by the plethora of socioeconomic and political problems currently consuming Africa. This paper reviews current literature to examine the practicality of AU agenda 2063. It seeks to understand whether this agenda can be a possibility or just another plan with little if no substance. The following question will guide this paper: to what extent can the AU's agenda 2063 become realizable, considering the current socioeconomic and political challenges engulfing Africa?

Recenze závěrečných prací II/2022

Author(s): František Kasl,Andrej Krištofík,Pavel Loutocký,Tereza Novotná,Martin Švec,Roman Vaněk,Jakub Vostoupal,Ondřej Woznica / Language(s): Slovak,Czech Issue: 26/2022

Selection of reviews on high quality student theses on various topics concerning law and technology.

Politike zaraćenih strana u Republici Bosni i Hercegovini 1992-1995: Prilog komparativnoj analizi počinjenih zločina

Author(s): Ermin Kuka / Language(s): Bosnian Issue: 20/2022

Review of: Fikret Muslimović, Selmo Cikotić, Zločini u oružanoj agresiji na Republiku Bosnu i Hercegovinu 1992-1995. godine, Udruženje za zaštitu tekovina borbe za Bosnu i Hercegovinu, Sarajevo, 2021.