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ПРОБЛЕМЫ НАЗНАЧЕНИЯ НАКАЗАНИЯ ЗА ПРЕСТУПЛЕНИЯ ПРОТИВ ЖИЗНИ СУДАМИ РЕСПУБЛИКИ ТАТАРСТАН В 2010–2012 ГГ.

Author(s): Nail Erikovich Khabibullin / Language(s): Russian Issue: 4/2013

The article analyzes the materials of the judicial practice on crimes against life, which were considered by the courts of the Republic of Tatarstan in the period from 2010 to 2012. Based on the analysis, the author specifies the structure of crimes against life, committed in the indicated period, and discloses personality characteristics of the criminals. Much attention is paid to the types of punishments within this category of cases, as well as to the typical mistakes made by the courts when sentencing criminals.

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ОГРАНИЧЕНИЕ ДЕЕСПОСОБНОСТИ (ВМЕНЯЕМОСТИ) ЛИЦ, СТРАДАЮЩИХ ПСИХИЧЕСКИМИ РАССТРОЙСТВАМИ: ОТСУТСТВИЕ СИСТЕМНОСТИ НОРМ В РОССИЙСКОМ ПРАВЕ

Author(s): Olga Aleksandrovna Serova / Language(s): Russian Issue: 2/2016

The paper examines the effect of including a statute regarding special disability of persons suffering from mental illness in the Russian civil legislation. Legal enacting of additional criteria for assessing the ability of the citizen to realize the effect of their actions and to control them has great importance for the development of the civil society in Russia. There is a rejection of the concept of insulating treatment of persons suffering from mental disorders. The society is aware of the negative effects of stigmatization of mentally deranged persons. The significance for social adaptation of afflicted persons and their involvement in social processes is recognized. Any restriction of the legal capacity of persons with mental derangement requires a clear definition of the term “assistance of another person”. There is no unique approach to maintain or reduce the family capacity of citizens that are incapacitated. Mental derangement has a significant impact on human behavior in legal relations, legal qualification of actions. To date, the problems of capacity (sanity) are studied separately in civil, administrative, and criminal laws. This leads to gaps in legal regulations, thereby resulting in the lack of unified criteria for evaluating the status of persons with mental disorders. Identification of mental derangement or temporary loss of knowledgeable behavior cannot be a subject of study of one area of law. Implementation of the principle of perpetuation of the legal capacity of citizens with mental derangement should be associated with the research on the degree of awareness of possible social danger that may be caused by their actions. Preventive assessment of the danger represented by persons with mental disorders to surrounding persons is necessary to determine of the degree of control over their own actions.

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БИОСФЕРНЫЙ ПОЛИГОН ГОСУДАРСТВЕННОГО ПРИРОДНОГО БИОСФЕРНОГО ЗАПОВЕДНИКА: ПОНЯТИЕ И ПРАВОВОЙ РЕЖИМ

Author(s): Elena Viktorovna Luneva / Language(s): Russian Issue: 2/2016

The paper proposes an original concept of biosphere polygon. The author defines it as a specially protected natural area, with differentiated regime of protection and use in particular, which is a part of the state nature biosphere reserve formed by land plots newly attached to its territory for the purpose of scientific research, state ecological monitoring, as well as testing and introduction of the methods for sustainable environmental practices that are environmentally friendly and do not deplete biological resources. The conclusion is made that the legal regime of the biosphere polygon in the state nature biosphere reserve is prohibitive-permissible, because only limited economic activity is allowed within the borders of this specially protected natural area and its land plots are involved in the limited civil circulation in special cases. The author’s suggestions for legislative changes and amendments associated with the formation and functioning of biosphere polygons are formulated. Recommendations are made to supplement St. 2 Art. 10 of the Federal Law on Specially Protected Nature Territories with the following P. 2: “The territory of the biosphere polygon may involve only land plots that were newly attached to the territory of the state nature biosphere reserve. It is prohibited to form biosphere polygons out of land plots removed from the state nature biosphere reserve”. It is suggested to legally define the obligation of business persons servicing the objects of recreational, tourist, and sport infrastructures in the territory of the biosphere polygon to conclude joint venture agreements without any profit motives with the federal government agencies responsible for nature reserves.

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СИСТЕМА УГОЛОВНЫХ НАКАЗАНИЙ НУЖДАЕТСЯ В СОВЕРШЕНСТВОВАНИИ

Author(s): Sergei Vladimirovich Tasakov / Language(s): Russian Issue: 2/2016

Changes in the system of criminal penalties and compliance with the principle of humanism substantiate the need to study the current Russian criminal law. One of the traditional and, at the same time, urgent problems in the system of application of the Criminal Code is the use of different types of punishments. The purpose of this paper is to analyze penalties under the criminal legislation of Russia and a tendency to humanization of criminal laws and the provisions of Arts. 44 and 45 of the Criminal Code of the Russian Federation, as well as to determine the importance of addressing the problematic relationship between the norms of the Russian legislation. The purpose of the research is achieved on the basis of the analysis of the norms of the current Russian criminal law. Special attention is paid to the Criminal Code, summary statistics on the status of a criminal record in Russia. The methodological potential includes comparative law and complex analysis making it possible to compare the content and value bases of various types of punishment. The author examines the types of punishment and suggests making certain changes to the current Russian legislation aimed at its further perfection through improvement of the criminal law. The study of the existing penal laws allows us to understand on what the arguments are based, the substance and content of the system of criminal penalties, as well as to explore the legal problems of application of different types of punishment with account of the criminal law and perfection practice in order to eliminate the existing contradictions. The current criminal punishment system requires adjustments, including timely and legal regulation of certain types of punishment. As a result of the research and the proposals made for improving the system of criminal punishment, the point of view on the possibility of a more effective achievement of the objectives of punishment and on the implementation of the principles of justice and humanism is justified.

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Przestępstwo „prania brudnych pieniędzy” w regulacjach polskiego i niemieckiego kodeksu karnego

Author(s): Joanna Szewczak / Language(s): Polish Issue: 29/2016

In today’s world money are the value that wants to achieve almost everyone. Unfortunately, the desire to have them sometimes leads to reach for illegal means and the offense which is also a “money laundering”. In the case of this particular crime we can say that this is a global problem. Combating these practices are legal regulations, also in the field of criminal law. This article aims to bring regulation of Polish and German Criminal Code on “money laundering”, to identify the similarities and differences as well as the attempt to answer the question whether such regulations are needed.

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Indigenous Mechanisms of Transitional Justice as Complementary Instruments to State Justice Systems

Author(s): Agnieszka Szpak / Language(s): English Issue: 2/2017

Transitional justice is resorted to within the framework of transition from armed conflict to peace and from authoritarian regimes to the democratic ones. To reach the aims of transitional justice and to better integrate the needs and perspectives of the indigenous peoples that very often are victims of serious human rights violations in the transitional context, as well as the colonisation context, indigenous instruments of justice may be utilised. As such they may be treated as complementary to other transitional justice mechanisms. The article aims to find a new perspective on the complementary role of the indigenous justice and the State justice systems within the framework of transitional justice as well as to take into account the indigenous peoples’ needs and customs. The overall aim of the paper is to answer the question whether it is desirable for such indigenous justice instruments to complement the State justice systems through a better integration of the needs and customs of indigenous peoples. In the concluding remarks, a model of complementarity model of transitional justice that includes indigenous instruments will be proposed.

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UNDERSTANDING AND COMBATING JUDICIAL CORRUPTION

Author(s): Aneta Arnaudovska / Language(s): English Issue: 1/2018

The research item of the paper is the term "judicial corruption". This particular term was ignored in the majority of countries of the Council of Europe. Judicial corruption as a term was first mentioned in the PACE documents- Resolution 1703 (2010) on judicial corruption. The author is trying to give answer to the question- Could there be a balance between establishing the responsibility of the judge and the independence guarantees? The term judicial corruption should not be manipulated with, i.e. the criminal cases of corruption where the judges and prosecutors are involved should be proved and led in line with all ECHR Article 6 fair trial requirements, and in compliance with the principle for presumption of innocence.

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МЕТОДИЕВИЯТ ПРЕВОД НА НОМОКАНОНА И ВЛИЯНИЕТО МУ ВЪРХУ ЮРИДИЧЕСКАТА ТРАДИЦИЯ НА СЛАВЯНСТВОТО ПРЕЗ СРЕДНОВЕКОВИЕТО

Author(s): Mariyana Tsibranska-Kostova / Language(s): Bulgarian Issue: 14/2014

The article aims at giving a concise overview on the contemporary state of knowledge what were the textual and linguistic peculiarities of the first Slavonic translation of the Nomocanon, made by St. Methodius during the last years of the Moravian mission, and what was its historical influence in the light of the development of the Slavonic juridical tradition from the 9th to the 18th cc.

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The Importance of Including a Gender-Based Perspective when Dealing with the Past: Sexual and Gender-Based Violence Committed During the Franco Dictatorship in Spain

Author(s): Teresa C. Fernández Paredes / Language(s): English Issue: 7/2016

Sexual and gender-based violence against women and girls is not a new phenomenon, on the contrary, it was an important part in most, if not all, armed conflicts. Despite increased international attention to gender dimensions of conflict and authoritarian regimes, attention to the rights violations affecting women, especially those facing multiple forms of discrimination, have yet to be integrated into many transitional justice processes in practice. This article uses the case of Spain and the supplemental complaint submitted in Argentina by Women´ Link Worldwide to illustrate the importance of including a gender-perspective when dealing with the past. During the Spanish Dictatorship (1939-1975) serious violations of human rights were committed that have never been investigated in Spain. Among the crimes suffered by women during tthis period of time could be mention sexual abuses and rapes; gendered acts of torture (based on the insults directed to women, the electric shocks to genitals and attacks to motherhood); children stealing; forced abortions; forced-education and purges with castor oil and public humiliation. Those crimes constitute grave international crimes and, as such, they have to be investigated.

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Transitional Justice in Democratization Processes: The Case of Spain from an International Point of View

Author(s): Teresa C. Fernández Paredes / Language(s): English Issue: 1/2010

The Spanish transition took place from 1975 to 1982 and was achieved with the consensus of all political parties to not talk about the past (Pact of Oblivion). It turned out that Spain peacefully developed into a strong and consolidated democracy where it seemed the problems of the past were solved. However, recently, different organizations are criticizing the way the transition was conducted and are demanding justice for the victims. This essay will analyze the measures taken during the Spanish transition to determine to what extent they complied with international transitional justice standards. Among other arguments, some examples of transitional justice processes in Chile and Argentina will be used, without an attempt to go into a deep comparative study of the three countries.

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ACCESS TO INTERNATIONAL JUSTICE IN KOSOVO – LESSONS LEARNT

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ACCESS TO INTERNATIONAL JUSTICE IN KOSOVO – LESSONS LEARNT

Author(s): Gamurari Loredana / Language(s): English Issue: 2/2018

Since 1999, the accountability for human rights violations committed in Kosovo during and after the war was addressed by ICTY, UNMIK and EULEX. However, a whole set of crimes committed in the aftermath of the war were not properly addressed. The research aims to understand whether international judicial mechanisms intervening in Kosovo until today, successfully planted the seeds for the blooming of post-conflict justice. The paper adopts a qualitative approach, including analyses of cases, reports and interviews. The findings show that both international and local actors in many cases could not ensure justice for war crimes committed in the country, which brought to the conceiving of the Specialist Chambers, an extraterritorial court with no local personnel, but under Kosovo national legislation. The paper focuses on previous experiences to understand if the lessons have been learnt, showing the challenges that the new Specialist Chambers will have to overcome to bring justice.

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HUMANITARIAN AID POLICIES WITHIN THE EUROPEAN UNION EXTERNAL ACTION

Author(s): Goran Bandov,Gabrijela Gošović / Language(s): English Issue: 2/2018

The aim of this paper is to analyse the independence, neutrality and impartiality of the EU humanitarian assistance and to which extent is influenced by the EU's political, economic and military goals. The paper focuses on the legislative framework and the interactions between the main actors of EU humanitarian aid and external action, questioning the politicization of EU humanitarian aid. The paper provides a detailed analysis of the structure and organization of the Directorate General for European Civil Protection and Humanitarian Aid Operations and its relations to the Member States, different EU bodies and humanitarian partners, primarily NGOs and UN bodies. The last part of the paper addresses the Comprehensive Approach and how it affects humanitarian aid.

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Problem modelu apelacji w sprawach karnych w II Rzeczypospolitej w ujęciu porównawczym — historia czy współczesność?

Author(s): Anna Stawarska-Rippel,Tomasz Adamczyk / Language(s): Polish Issue: 11 (2)/2018

Developing a system of appeals in court proceedings, both in criminal and civil cases, is a matter of particular interest for legal reformers, especially in times of political breakthroughs. Admission of a full appeal, its limitation, or lack stems from the structure of the judiciary. Among priority tasks of the Codification Commission of the Second Republic of Poland was designing a system of appeals that would serve best the re-established Polish state. This article highlights the commission’s deliberations during work on the first Polish code of penal proceedings and during its far-reaching amendments. It discusses the standpoints of opponents and supporters of maintaining appeals from district court rulings decided by a judicial panel. Those problems have not lost their relevance. Until this day changes in a criminal lawsuit primarily attempt to streamline and accelerate penal proceedings. Under changing conditions, the search continues for the correct and adequate proportions between the protection of the defendant’s rights and the value of discovering the truth, the need for protecting public safety, fighting increasing crime, and protecting the victim’s interests.

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THE OMBUDSMAN RECONSTRUCTION OF THE REPUBLIC OF INDONESIA IN PROMOTING A RESPONSIVE LEGAL CULTURE

Author(s): Mansur Mansur,Galang Asmara,Idrus Abdullah,RR. Cahyowati / Language(s): English Issue: 3/2018

The aim of this research is to show how the reconstruction of the existing Ombudsman of the Republic of Indonesa influences the promotion of a responsive legal culture in the bureaucracy system. The research methods are normative and empirical, along with the philosophical approach, statute approach, conceptual approach, and direct interview in the field. Concluding the reconstruction of the Ombudsman of the Republic Indonesia to be more ideal through the review of the Law Number 37 from 2008 regarding the Ombudsman of the Republic of Indonesia including the relation to its institutional authority, and the legal force of the Ombudsman’s recommendations that should be final and binding, so the recommendations have an executorial power.

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STRENGTHENING THE POSITION AND FUNCTION OF THE JUDICIAL COMMISSION IN THE CONSTITUTIONAL SYSTEM OF THE REPUBLIC OF INDONESIA

Author(s): Imran Imran,Adolf Huala,Gatot Dwi Hendro,RR. Cahyowati / Language(s): English Issue: 3/2018

STRENGTHENING THE POSITION AND FUNCTION OF THE JUDICIAL COMMISSION IN THE CONSTITUTIONAL SYSTEM OF THE REPUBLIC OF INDONESIA

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Злоупотреба с по-силна позиция при договаряне по чл. 37А от Закона за защита на конкуренцията

Author(s): Vasil Georgiev / Language(s): Bulgarian Issue: 2/2018

This study explores the abuse of superior bargaining position as set in Article 37a of the Bulgarian Competition Protection Act (CPA). The provision of art 37a is analyzed from the comparative point of view as to the existing normative regimes in jurisdictions like Japan and Germany. Unlike most studies on the abuse of superior bargaining position, the author maintains the view that the prerequisites in Article 37a of CPA set the institute as a part of the competition law rather than as part of the law of unfair commercial practices between enterprises. In support of this opinion the author performs a comprehensive review on the existing practice of the Commission for the protection of competition regarding Article 37a of CPA.

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Публичен дебат на тема “Съдебната реформа в България”

Author(s): Katerina Yocheva / Language(s): Bulgarian Issue: 3/2005

The discussion is organized on the initiative of the Association of Bulgarian Chewing Fellows, with the support of the British Embassy and British Council in Bulgaria.

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Няколко думи относно правните догми в Законь соудный людмь (опит за правно-историческо и правно-догматическо изследване)

Author(s): Hristofor Manchev / Language(s): Bulgarian Issue: 3/2005

In the following lines we will try to give some light to these legal phenomena, hurrying to note in advance for our humble attempt to penetrate this matter, with the intrinsic, usually for every first attempt mistakes, faults, failures. Experience not useful with your own final results, and above all as a basis upon which it can be discusses. And of course the questions will be more than the answers.

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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): Kurtskhalia Alexander / Language(s): English Issue: 1/2020

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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THE PHENOMENON OF THE ”DE FACTO STATES” AND NATIONAL IDENTITY CONSTRUCTION – THE TRANSNISTRIAN PARADIGM

Author(s): Natalia Putină / Language(s): English Issue: 1/2020

This article is an analysis of the phenomenon of ”de facto states„ and process of nation-building in unrecognized states, in particular, Transnistrian case. De facto states are considered an interesting anomaly in the modern international system of sovereign states. No matter how successful and efficient they are in the administration of their territories, they fail to achieve international recognitionAuthor analyze that the most important elements that have been identified by scholars in domain of construction of identities in unrecognized states, as un tool of soft power to enforce and consolidate internal recognition and population support of political power in condition of lacks of external recognition.Will be pointed the historical aspects that influenced the crystallization of a separate identity in Transnistrian region, the importance of cultural, political and symbolical aspects; the role of local political and political regime in separate region.

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