Proces s Vojtechom Tukom v roku 1946

Author(s): Peter Fedorčák / Language(s): Slovak Issue: 4/2015

The study describes the last years of Vojtech Tuka, one of the representatives of the Slovak State (1939-1945). This period was significantly affected by his ill health, which was the official reason for his withdrawal from politics in the years 1943-1944. At the end of the war he moved to western Austria, which became the French occupying zone. French military police arrested him in August 1945 in Kitzbühel and interned him in Innsbruck. Because of the very poor state of his health it was an urgent and speedy hearing. He was transported to Prague in December 1945 and was heard to supply information for the Nuremberg trials. Further questioning took place in May 1946 due to its own process at the National court. Investigators were interested in the circumstances of the Slovak State, his activity during the period of autonomy, his contacts with the Nazis in the 1920s, events of March 1939 and the riots in Bratislava, the Treaty of protection with Germany, the war against Poland and the Soviet Union, economic and military linkage to Germany, meeting in Salzburg and the Jewish question. On the questions of the period of his “first political activity” in 1929 he answered only with the intentions of his request for mercy from 1935. The process ended with sentencing and execution of Vojtech Tuka in August 1946.

ОБЪЕКТ ПРЕСТУПЛЕНИЯ НЕОКАЗАНИЯ ПОМОЩИ БОЛЬНОМУ ПО УГОЛОВНОМУ ПРАВУ РОССИИ

Author(s): Liliya Maksutovna Nazmutdinova / Language(s): Russian Issue: 4/2013

The article analyzes the elements of a crime that provides for the responsibility for the failure to assist a sick person. Based on the analysis of the current criminal law and the existing scientific data, we present our own vision of the problem. We propose making changes to Article 124 of the Criminal Law of the Russian Federation, i.e., it is recommended to define the nature of medical assistance and to add a note where necessary that specifies the concepts of medical assistance and medical workers.

Judgment of the Hague tribunal against Radovan Karadzic - confirmation of the greater Serbian Ideology, policy and practice in Bosnia and Herzegovina

Author(s): Rasim Muratović / Language(s): English Issue: 5/2016

It has been a well-known fact that Radovan Karadzic as the President of the Republic of Srpska and Supreme Commander of the Armed Forces, was an exponent of the ideology of Serbian hegemony of the Serbian political, military and police regime. That regime was planned, organized and he carried out the aggression against the internationally recognized state, the Republic of Bosnia and Herzegovina, the aggression and destruction of the constitutional order of the Republic of Bosnia and Herzegovina . Radovan Karadzic gave repeated impetus and organized political and armed rebellion against the constitutional order of the Republic of Bosnia and Herzegovina having been given the support by the Army of Yugoslavia, which represented the most serious offence in all socio-political systems. The main objective of the aggressive war-mongering campaign, led by Milosevic and Karadzic as his assistant in charge of Bosnia, was the war with the purpose of conquering the territory, expulsion and physical liquidation and elimination of non-Serbs from criminally conquered space. It was committed under the flag of fascist ideological fanaticism of the “national threat”.

The Government’s Remembrance Policy

Author(s): Patryk Wawrzyński / Language(s): English Issue: 1/2017

Remembrance is a powerful instrument of social mobilisation, identity construction and political competition. Its impact on individual and shared beliefs or attitudes makes it an object of government’s interest, because remembrance can be used to legitimise ideologies or policies. Theoretical considerations of a government’s role as a narrator lead us to the general definition of the government’s remembrance policy, which we understand as a complex of narratives and interpretations presented to influence citizens’ attitudes, behaviours, beliefs and identities. The paper develops the definition with five theoretical hypotheses on the effectiveness of remembrance narratives. It argues that the government’s remembrance policy is myth-motoric, non-scientific, emotional, based on commitment and that it is a type of social influence. The study is an initial verification of theoretical approach, and I believe that my arguments will motivate other researchers to investigate different aspects of a government’s desire to narrate past events.

Юридическият терминологичен неологизъм „джендър“ в Истанбулската конвенция

Author(s): Rositsa Dineva-Karabadzhakova / Language(s): Bulgarian Issue: 1/2018

The article presents a theoretical analysis of the term “gender”, taken from the perspective of the gender theory. The inaccuracies in the meaning of the terms “gender” and “sex”, caused by the translation in Bulgarian, are assessed based on the complexity of their semiosis. The need to introduce the term is justified based on the legal neologism in the Bulgarian terminological legal system, in case of the occurrence of the future ratification of Istanbul Convention.

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.

РИМСКОТО ПОНЯТИЕ ЗА СОБСТВЕНОСТ: ОБЩ ПРЕГЛЕД

Author(s): Jean-Pierre Coria / Language(s): Bulgarian Issue: 1/2022

The Romans didn’t develop a dogmatic analysis of the right to property. They are the jurists of the Middle Ages and the modern era which, starting from the scattered texts of Roman law, formulated an absolutist conception of property. Whether, originally, the dominium ex iure Quiritium corresponds to a quasi-sovereignty, it is more a power than a right of appropriation in the modern sense of the word; and property was never considered in Rome as an unlimited power in time and in space. This right has, in fact, suffered significant infringements depending on political and economic history. First, it is a legal limitations based on the public interest and the necessities of town planning as well as on the idea of abuse by right. Another form of violation of the absolute right to property has been the multiplication of situations of de facto property, who have benefited from the judicial protection of the magistrate. On the other hand, Roman law offers the example of a sovereignty shared ownership: due to dismemberments, usually temporary, with personal easements, but especially with long-term land leases– superficies and emphyteusis - which lead to a real dissociation of ownership real estate.

ПРИНЦИПЪТ ADVERSUS FISCUM USUCAPIO NON PROCEDIT И ПРИДОБИВАНЕТО ПО ДАВНОСТ НА BONA VACANTIA

Author(s): Alfonso Agudo Ruiz / Language(s): Bulgarian Issue: 1/2022

The aim of the present investigation is the analysis of the principle adversus fiscum usucapio non procedit established in Severo’s time, whose origins go back to the republican time at least, as well as the different proceeding of the bona vacantia which belong to the Treasury, for which the usucapio is accepted if they are not requested or claimed yet.

ПРИЛОЖИМОСТ И ЕФЕКТИВНОСТ НА ДРЕВНОРИМСКИЯ МОДЕЛ НА СОБСТВЕНОСТТА В СЪВРЕМЕННАТА ЕВРОПЕЙСКА ПРАКТИКА

Author(s): Maria Miceli / Language(s): Bulgarian Issue: 1/2022

It returns to discuss properties mainly for impulse of European case law (ECHR) that include the property as part of fundamental human rights. It is a debate that also involves a re meditation on the meaning of ownership, in its traditional model, and the validity and persistence of the same under current legal experience. In fact, there is no doubt that in the context of the entire legal experience Western (Western Legal Tradition), the individual properties model developed in the experience of Roman law plays a crucial role.

КОГА ДВОРНОТО МЯСТО, В КОЕТО Е ПОСТРОЕНА СГРАДА В РЕЖИМ НА ЕТАЖНА СОБСТВЕНОСТ, ПРЕДСТАВЛЯВА ОБЩА ЧАСТ

Author(s): Teodora Trifonova / Language(s): Bulgarian Issue: 1/2022

This article discusses the specifics of the ownership of the land in which a building is constructed in Condominium ownership, when the land is considered to be a common part and when it is held in a co-ownership regime, how the ownership of the land affects the manner of its use, management and disposal.

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.

SOME PARTICULARITIES OF THE IURISDICTIO IRNITANA: COMPETENT COURTS AND ANALYSIS OF THE LEGISLATIVE RESPONSES THAT SUPPORT AND SUSTAIN THE PREVALENCE OF THE AGREEMENT OF THE ADVERSARII

Author(s): Juan M. Alburquerque / Language(s): English Issue: 2/2022

We will make a brief review and a summary analysis of the most characteristic and particular profiles of the iurisdictio Irnitana, of the more traditional notion of iurisdictio, and, in a more detailed way, we will focus our attention on the competent organs and courts (duumviri, aediles, prefects, municipal senate and court of five decuriones). We will also highlight the different options of the adversarii in the different courts and the special relevance granted by lex Flavia Municipalis to the agreements of the subjects in the lawsuits of the municipality.

LA PROVINCIA ROMANA DI GIUDEA DOPO LA MORTE DI ERODE IL GRANDE: CONFLITTI RELAZIONALI E CONTRASTI DI SISTEMA TRA IL PREFETTO DI SIRIA, I REGNI CLIENTI E IL GRAN SINEDRIO DI GERUSALEMME

Author(s): Giovanni Brandi Cordasco Salmena / Language(s): Italian Issue: 2/2022

Historians still debate the exact qualification of the province of Judea, especially following the discovery of the well-known inscription concerning Pontius Pilate, which led to a review of many judgments about the titling of the governor of the region, which would not have been that of procurator as was believed until the discovery, but of praefectus. A careful examination of the sources, in particular of Josephus Flavius and Philo Alessandrino, together with the valutation of the interventions adopted in Judea by the legates of Syria, it can only support the idea that the region was not independent, but with particular reference to military issues, was subordinate to Syria. In this context, although with limited powers following the Roman domination, the more or less independent fringes in the client kingdoms and the authority of the Grand Sanhedrin of Jerusalem survive in Judea.

ПРАКСА УСТАВНОГ СУДА РЕПУБЛИКЕ СРПСЕ

Author(s): / Language(s): Serbian Issue: 38/2016

ПРАКСА УСТАВНОГ СУДА БОСНЕ И ХЕРЦЕГОВИНЕ

Author(s): / Language(s): Serbian Issue: 38/2016

POJEDINA OBILJEŽJA UCINITELJA I ŽRTAVA RATNIH SILOVANJA PROCESUIRANIH PRED SUDOM BOSNE I HERCEGOVINE

Author(s): Vedad Gurda,Amar Lukavačkić / Language(s): Bosnian Issue: 10/2023

During the international armed conflict in Bosnia and Herzegovina from 1992 to 1995, numerous crimes were committed, among which crimes of rape are at the top of the scale of brutality. It is estimated that between 20,000 and 50,000 women and girls were raped in the aforementioned conflict, of which the largest number of these atrocities were committed by members of the Army of the Republika Srpska (VRS), the Ministry of Internal Affairs of the RS (MUP RS) and related paramilitary formations against Bosniak (muslim) women. It is to be assumed that an extremely large number of perpetrators were involved in the commission of the crimes in question, but unfortunately, a relatively modest number of suspects were prosecuted before the competent courts in Bosnia and Herzegovina, the International Criminal Tribunal for the former Yugoslavia (ICTY) and the neighboring Republic of Croatia and the Republic of Serbia. Within the framework of this work, the research focus is on the prosecution of war rapes before the War Crimes Chamber of the State Court of Bosnia and Herzegovina from the beginning of the work of the mentioned court until today (2005-2023). In the indicated period, 70 wartime rape cases involving 109 defendants were processed before this judicial forum. Out of that number, 55 cases were finally concluded, with convictions in 41 cases and acquittals in 14 cases. The subject of the research was some individual characteristics of perpetrators and victims of war rape. The research sample consisted exclusively of cases in which a final conviction was passed (N=41), in which 51 defendants were declared guilty of war rape and 80 victims of this crime were identified. The research established that all the convicts were male. In addition, 72% of those convicted were members of the Army of the Republika Srpska (VRS), 16% of the Army of the Republic of Bosnia and Herzegovina (RBiH Army) and 12% of the Croatian Defense Council (HVO). All members of the RBiH Army were convicted of war rape which is legally qualified as a war crime against the civilian population, which is a criminal offense that, according to the Criminal Code of Bosnia and Herzegovina (CC BiH), does not include the existence of a widespread and systematic attack on the civilian population. On the other hand, the largest number of members of the VRS and four members of the HVO who were prosecuted for wartime rape were convicted of having committed that crime as a crime against humanity, which included a campaign of widespread, massive and systematic criminal activity connected with other crimes (murder, torture, imprisonment, deportation of the population, enforced disappearance, etc.).

BOSNIA AND HERZEGOVINA: THE PERILS AND PITFALLS OF MEMORIALIZATION IN DIVIDED POST-CONFLICT SOCIETIES

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

Transitional justice has viewed memorialization primarily through its capacity to support societies in their efforts cope with a difficult past. Memorials can be sites of public mourning, outlets for grief and terrain where memories of the past can be confronted. Yet, memorialization is a contested and divisive social and political process in societies that are recovering from identity-based intrastate conflicts. The immense symbolism of memorials is deployed to construct exclusive identities, underline ethnic differences, mark territory and to provoke in a manner that can impede inter-group reconciliation. This paper examines the perils of memorialization in Bosnia and Herzegovina and analyzes the causes and manifestations of competitive memorialization among the country’s three largest ethnic communities. It argues that legally binding regulation on the construction of memorials can be a feasible strategy to encounter the problems they pose on divided post-conflict societies.

Surogačné materstvo v kontexte judikatúry Európskeho súdu pre ľudské práva

Author(s): Martina Jamečná / Language(s): Slovak Issue: 1/2024

Surrogacy has been a growing trend in recent years in the elimination of infer¬tility. The article analyses the ECtHR‘s approach to contentious issues in the field of reco¬gnition of parentage in cross-border surrogacy cases, with a view to formulating general conclusions arising from the ECtHR‘s ground-breaking jurisprudence and advisory opi¬nion.

ПО НЯКОИ ВЪПРОСИ ЗА ДЕВИАЦИОНИТЕ РИСКОВЕ В ИЗБОРНИЯ ПРОЦЕС

Author(s): Yordanka Gancheva / Language(s): Bulgarian Issue: 1/2024

In the report, the author examines issues defining risks that presuppose or could presuppose deviations in the course of normal electoral process. Examples are also discussed.

Anatomy of the End of Charter 77 (1990–1992): Between Politics, Morality, Business and Coming to Terms with the Past

Author(s): Jiří Suk / Language(s): English Issue: 3/2024

The public appearance of Charter 77 (Charta 77) as the most significant independent civic initiative in communist Czechoslovakia in January 1977 represents a pivotal moment in the heroicizing narrative of the struggle for freedom and democracy in the Czech lands. However, its activities after the fall of the old regime receded under democratic conditions into the background and were overshadowed by the dynamic events of that era. Nevertheless, a considerable proportion of the post-1989 political and cultural elite originated from the Charter milieu, and a number of Charter activists in prominent positions played a significant role in shaping the country’s circumstances, most notably Václav Havel as Czechoslovak and subsequently Czech president. In his study, Jiří Suk presents a systematic account of the final three years of Charter 77’s existence (1990–1992), a period characterized by the struggle to redefine the purpose of its activities and an internal division within the pluralistic community, which had previously drawn its cohesion from solidarity in resisting autocratic government and ideology. In the author’s view, following the Velvet Revolution, the Charter served as both a catalyst for political and social change and a symbol of the dissidents’ seemingly Don Quixote-like efforts and their ultimate satisfaction. The crucial dilemmas for the Chartists arose, on the one hand, from the tension between politics and morality – which can be understood as the conflict between active involvement in the activities of nascent political movements and parties and the tendency to occupy the position of a sovereign moral arbiter over politics – and, on the other hand, from internal divisions within the soon-to-be polarized political scene. The author traces the ways in which, alongside the disappearance of liberal, conservative and radical tendencies among the members of the Charter 77 movement, the relationship to anti-communism and the process of coming to terms with the communist past (including disputes over the lustration law and the publication of lists of State Security (Státní bezpečnost) collaborators) became a significant point of contention. He pays particular attention to the conflicts associated with the Charter 77 Foundation (Nadace Charty 77), which was established in exile by the nuclear physicist František Janouch (1931–2024). Following the events of 1989, the Hungarian-American financier George Soros became a significant financial contributor to the Foundation, thus supporting his Central European business and philanthropic interests. The Soros-linked project to privatize the Foundation, however, was opposed by some Chartists, who perceived it as an attempt to capitalize on the Charter’s “brand”. In conclusion, the author demonstrates how this divergence of opinion was reflected in the discussions at the meetings of the Charter’s signatories, and how it translated into different ideas about its future role and activities. The inability to achieve a consensus resulted in a non-consensual decision to terminate the Charter in the autumn of 1992.