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ESAD’IN ULUSLARARASI CEZA MAHKEMESİ’NDE YARGILANMASI ve ORTA DOĞU’DA RUSYA FAKTÖRÜ

Author(s): Hanefi Yazici / Language(s): English Issue: 25/2015

If the International Criminal Court (ICC) can not prosecute leaders who committed war crimes, it will be the end of justice and system for the international community. This study, examines both the efforts of international community to prosecute Assad, who committed war crimes in Syria, in the ICC, and the Russian factor in UN Security Council (UNSC), which has the authority for the statute of the international court of justice. The responsibility of Assad has been watched for a long time due to his crimes against humanity and war crimes in Syria. It is also vital that the General Secretary of UN declared that Assad committed crimes against humanity and war crimes and he must be prosecuted. In this regard, it is crucial how to prosecute Assad, because Syria has not ratified the Rome Statute of the ICC, so, just the attempt of the ICC Prosecutor for the jurisdiction over Assad in the ICC is inadequate.

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La politique de la Bulgarie visant à stimuler le peuplement du pays et se reflétant dans la législation Bulgare après la libération (1879–1912)

Author(s): Mario Aleksandrov / Language(s): French Issue: 3-4/2015

The paper reveals the formation of the concept in Bulgaria’s laws in the period 1878–1912, related to the stimulating the settlements in the country. Starting with the Constitution, the author examines some basic laws connected with the implementation of this aim such as the Law on Population of Uninhabited Lands in Bulgaria (1880), the several versions of the Law of Acquisition of Bulgarian Citizenship as well as the legislation connected with the settling of the refugees. Particular groups of laws were targeted to different categories of population abroad with regard to attracting them to the Bulgarian Principality. For the realization of this policy the legislators set out mainly encouraging measures of economic and political nature, with the dominance of those of economic character. The main tendency in reflecting this political concept in the envisaged laws was to gradually expand the opportunities for attracting potential settlers to the country. Nevertheless, there was a marked inconsistency in the implementation of this trend by the government. This was mainly due to the lack of convenience among the ruling circles about the necessity of this type of policy and its enforcement through the existing legislation in the country at that time.

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Забраната “contra iustitiam iudicasse” („да се отсъжда срещу справедливостта“) в Lex Romana Visigothorum и Codex Theodosianus

Author(s): Doroteya Mihova / Language(s): Bulgarian Issue: 5-6/2015

The article provides translation of key titles postulating the interdiction “contra iustitiam iudicasse” in Lex Romana Visigothorum. The author commented on the way in which specific norms and texts are derived from the Theodosius Code, guarding the fair private and public law relations, and embodying this prohibition “to adjudicate against justice”. The focus is on the concepts of the ancient Roman iustitia, defined through its connections with the grounds of mos maiorum (the customs of the ancestors), with ancient Roman valour (virtus Romana), with freedom (libertas), with civil and personal dignity (dignitas), with the community benefit (communis utilitas) and with the common good (bonum commune), with justice and law (ius and lex), Whose ultimate goal is the just retribution of “giving each one his own” (“suum cuique tribuere”). The article also analyzes the complex metamorphoses that Roman legal moral concepts of justice and valoуr underwent (iustitia и virtus), following the transformations in the Roman values system and in the perceptions of Romanitas, accompanied by the processes of barbarisation and reception of Roman law (ius Romanum) after the fall of the Western Roman Empire in 476.

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Имиграционната политика в законодателството на следосвобожденска България

Author(s): Mario Aleksandrov / Language(s): Bulgarian Issue: 5-6/2015

The aim of this research is building up a concept in Bulgarian legislation during the period of 1878–1912 concerning the immigration policy. The major conclusion of the analysis made is that during the researched period, the Bulgarian lawmakers still lack consistency in the implementation of this policy as a factor concerning the demographic development of the country.

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How to Reckon with Past Evils? Rethinking Transitional Justice Strategies in Post-Authoritarian and Post-Conflict Environments

Author(s): Tomasz Lachowski / Language(s): English Issue: 2/2017

The Łódź PPSY International Seminar Transitional Justice: Between Redemption and Retribution. Łódź (June 6, 2017), University of Łódź, Professor Czesław Mojsiewicz International Cooperation Fund and the Editorial Board of the Polish Political Science Yearbook.The Łódź PPSY International Seminar Transitional Justice: Between Redemption and Retribution was the first scientific event co-organized by the Chair of International Law and International Relations (Faculty of Law and Administration, University of Łódź), Research Centre of University of Łódź "The Balkans at the Turn of the 20th and the 21st Century", Professor Czesław Mojsiewicz International Cooperation Fund, Adam Marszałek Publishing House and the Editorial Board of the Polish Political Science Yearbook. The idea that stood behind the organization of the academic seminar was to analyse the current scientific and practical trends witnessed in a global discourse on transitional justice. Deliberations on post-violence efforts and all closely related topics, especially the issue of politics of memory, gathered in the Polish city of Łódź 20 researchers, coming from 7 Polish universities and 8 foreign academic centres. It is worth mentioning that participants of the seminar represented 9 different countries, such as Germany, the Netherlands, Poland, Romania, Slovakia, South Sudan, Ukraine, the United Kingdom and the United States.

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THE IMPLEMENTATION OF TRANSITIONAL JUSTICE INSTITUTIONS IN THE PROCESS OF RECONCILIATION OF A POST-CONFLICT SOCIETY : COMPARATIVE ASPECT

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

The implementation of transitional justice institutions is a complex process. It is dynamic and conditioned by various factors of political, legal, historical, religious nature. Thus, it cannot be uniform, and inevitably determines effects to its respective society. Traditionally, the field experts are divided in two groups: advocates of criminal investigations and supporters of amnesty processes. The analysis is also relevant for the Republic of Moldova, which has two sensitive situations that could benefit of the tools of transitional justice: the unresolved Transnistrian conflict and a politically divided society.

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THE EUROPEAN UNION AS A REFORMING POWER IN THE WESTERN BALKANS: THE CASE OF ALBANIA

Author(s): Klodiana Beshku,Orjana Mullisi / Language(s): English Issue: 2/2018

This paper tries to further elaborate one of the most important external powers of the European Union: Its “reforming power” which goes in parallel with its ability as “normative actor” in the Western Balkans. Through Albania as a case study, it tries to argue that the process of Albania’s integration to EU has transformed the country in several directions: by introducing a deep juridical reform and by the full alignment of its foreign policy with CFSP and the “regional cooperation”. In fact, under the auspices of the EU integration, the country is making all the efforts to deliver on one of the most transformative reforms undertaken in the region, that of the justice system. This gives to EU the features of a “reforming power”. The term shows EU as a driving force which makes countries undertake deep reforms they would not have differently realized, if not under the conditionality for the EU integration.

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Problem zastępstwa procesowego Skarbu Państwa w pierwszej dekadzie Polski Ludowej

Author(s): Kamil Niewiński / Language(s): Polish Issue: 11 (2)/2018

This paper deals with an issue of legal representation throughout the history of Poland, with special regard to the first decade after World War II. The Office of the Prosecutor General of the Republic of Poland created after the restoration of Poland’s sovereignty in 1918, providing a high quality of legal representation of the State Treasury, was reinstated by the communist authority after World War II in order to secure financial interests of the newly built people’s state. Nationalization of industry, an introduction of centrally-controlled economy, and expansion of the state administrative-economic apparatus to colossal proportions, however, led to a situation in which the centralized model of legal handling of the State Treasury ceased to be efficient. After the abolishment of the Office of the Prosecutor General of the Republic of Poland in 1951, the authorities attempted to implement a mixed model of legal representation. However, it only lasted for three years, and eventually, the Soviet model was copied — full decentralization of legal handling of the apparatus of authority, administration, and state-owned enterprises. The decentralized model of legal management of the State Treasury’s interests remained in place unusually long, for over half a century. It outlasted the regime transformation by 16 years. Attempts to reinstate the centralized system of legal representation of the State Treasury were undertaken repeatedly (in 1990, 1992, and 1998). However, it was not until 2005, when the political climate was ready for this reform and the appointment of the Office of the Prosecutor General of the State Treasury, which resumed its activity in March 2006.

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TRANSITIONAL JUSTICE: LUSTRATION AND VETTING IN UKRAINE AND GEORGIA

Author(s): Gabriella Gricius / Language(s): English Issue: 2/2019

Many of the world's conflicts today are self-sustaining and ongoing, making the application of transitional justice measures difficult. Particularly in Central and Eastern Europe, namely Georgia and Ukraine, both of which have experienced regime changes in the twenty-first century and implemented lustration and vetting measures - the question of whether or not transitional justice will be successfully utilized is very much still under debate. My research explores the relationship between lustration and vetting policies and corruption in Ukraine and Georgia. Past studies of corruption in these countries have focused the extent of state exploitation of the forms through which corruption is expressed such as political appointments, and protection from prosecution. This research, by contrast, aims to study the relationship that corruption has with the particular transitional justice measure of lustration and vetting.

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Debates Concerning the Postwar War-Crimes Trials in Present-Day Romania

Author(s): Alin Constantin / Language(s): English Issue: 12/2019

This paper addresses the debates concerning Mircea Vulcănescu’s legacy in present-dayRomanian public life. An important intellectual from the interwar period who wrote on avariety of topics ranging from theology to philosophy, Vulcănescu became a member ofIon Antonescu’s Cabinet and was directly involved in the economic spoliation of theRomanian Jewry during the Holocaust. Condemned for his actions in the postwar period,Vulcănescu was sentenced to prison and died before carrying out his sentence, as a resultof improper living conditions. After 1989, Vulcănescu’s supporters have portrayed him asa martyr whose death was symbolic of the destruction of Romanian culture by communism.Notwithstanding his tragic death, the article argues that his conviction was in line with thosepronounced by the international war-crimes tribunals. Looking at the attempts to obfuscatethe true cause of the trial and Vulcănescu’s involvement in the Antonescu regime, the studyshows that they impede the coming to terms with the past. Resistance to engaging with thememory of the Holocaust in Romania is shown to come from nationalistic and conservativepublic figures, intellectuals and officials in the Romanian Orthodox Church.

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Обоснованост на правораздавателния акт по спорове в областта на интелектуалната собственост

Author(s): Veselina Maneva / Language(s): Bulgarian Issue: 8/2018

Justice as the highest type of law enforcement activity places the most requirements on the judicial authority. In relation to the treatment and resolution of intellectual property disputes, the specificity is justified by the nature of the intellectual property objects as intangible goods and by the special knowledge that the authority must possess. He makes a decision, justifying it with the evidence of the dispute and the established facts and circumstances, given the requirement to reveal the objective truth. These logical judgments the court forms on the basis of his inner conviction and give a complete practical form of subjective attitude, expressed in the motifs of the judgment decision.

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Продължителните договори

Author(s): Polya Goleva / Language(s): Bulgarian Issue: 8/2018

The long-term contract is a notion of law, that is not regulated by legal norms and was not anobject of the legal theory. Some kinds of long-term contracts in civil and commercial law as contractsof rents, loans, society, deposits are explicitly regulated by legal dispositions. The labor contractis a long-term contract too. Despite of the increased role and field of application of the long-termcontracts in our country like other countries any general legal positions don’t exist, which reflectthe specific features of the long-term contracts. That’s why the article propose the introduction delege ferenda of general causes for termination of the discussed here kind of contract.

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Същинските данъчни престъпления по НК на РБ – общи положения и проблеми, свързани с правоприлагането

Author(s): Roumen Vladimirov / Language(s): Bulgarian Issue: 8/2018

In the article under consideration are the basic features of the real three types of tax crimes.These are: avoidance of the establishment or the payment of tax obligations in big amounts – Article255 of the Criminal Code; the fulfilment of the same assault through allowed means – Article255а of the Criminal Code and the so-called tax fraud – Article 256 of the Criminal Code. The authorpays attention to some issues with regard to the regulation and the application of the norms ofthese offences. On the first place there is the issue of the subject and above all of the use of differentcriteria with regard to the content of the terms „big amounts“and „particularly big amounts“, including the cases of tax fraud under Article 256 of the Criminal Code. The second issue, which can now be considered to be solved by two interpretative decisions of the Supreme court of cassation, which provide a negative reply. In particular these are the questions whether the subject of those offences may be only the taxable person and whether it is a compulsory precondition that a tax assessment has been carried on and an amended assessment has been issued. The third issue is about the question how efficient are the norms for the real tax offences and the necessity for the amelioration of their legislative regulation, in which respect there exist some reserves.

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Минимална държавна помощ

Author(s): Ginka Simeonova / Language(s): Bulgarian Issue: 8/2018

De minimis aid is a particular type of state aid, for which, in view of its specificities, a different(special) regime has been introduced with regard to the administration of this type ofaid. De minimis rule — exemption of small aid amounts from notification (the ceiling set in theRegulation) is considered not to meet all the criteria in Article 107 (1) of the Treaty on the Functioning of the European Union and, in the end, does not lead to a distortion of competition. The‘ceiling’ set out in Regulation 1407/2013 is EUR 200 000 which may be granted to one undertakingfor each period of three fiscal years.

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Що е то социалистическа правова държава?

Author(s): Deyana Marcheva / Language(s): Bulgarian Issue: 8/2018

In the Nineteenth All-Union Conference of the Communist Party of the Soviet Union of 1988emerges the concept of “socialist state under the rule of law“. What is that hybrid construct, whichclaims to be a successor of the “socialist legality“ in the USSR? Is it rule of law or is it a newideological hybrid born out of the same type of social engineering? The starting point of this researchis the historical and theoretical paradigm of “socialist legality“. The analysis shifts from theSoviet to Bulgarian context because the events, the concepts and the theory in Bulgaria during theperiod of totalitarian state and law literally copy and follow what has happened in the USSR. Asany other class concept “socialist legality“develops and functions in controversy to the “bourgeoislegality“that turns out to be the very concept of rule of law under a new name as given bythe socialist state and law textbooks. That’s why of particular interest are the political and scientificprocedure employed to restate the ideas of the rule of law during the “perestroika“so that they can be filled in with new “socialist“content.

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За преките вреди по смисъла на член 82 от Закона за задълженията и договорите

Author(s): Silvia Tsoneva / Language(s): Bulgarian Issue: 8/2018

The article explores the notion of direct loss as a limitation of the damages for breach of contract.This is carried out through a survey of the main causation theories acknowledged in Bulgarianlaw, the definitions of direct loss given by the legal academics and jurisprudence, historical reviewof the idea to keep contract liability within limits and comparative law treatment of this issue in theFrench, German and Swiss law.

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Влиянието на правораздаването върху законодателството в областта на гражданското и търговското право през 2018 г.

Author(s): Polya Goleva / Language(s): Bulgarian Issue: 1-3/2019

The Article researches the interaction between the jurisdiction and the legislative power in Republic of Bulgaria in 2018. On the basis of investigation of concrete acts of the parliament and decisions of interpretation, issued by the General Assemble of the Civil and the Commercial Colleges the influence of the laws over the decisions of the Supreme Court of Justice and concrete decisions issued by the court are revealed and the influence of concrete cases over the development of law. The two powers of the state are fighting for predominance, in particular in the year of 2018 and in particular on the field of the civil and commercial law. In some directions the legislative power is stronger than the court, but in other directions the court predominates the parliament. The interaction ends in the final analysis with the victory of the court when it makes decision by a concrete case.

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Правата на човека в борбата с тероризма: Режими за санкции на Съвета за сигурност на Организацията на обединените нации

Author(s): Mariya Hristozova / Language(s): Bulgarian Issue: 1-3/2019

In the last decade, the growing number of acts of terrorism that threaten world peace and security, as well as the fundamental values in every democratic society, in particular respect for fundamental human rights, have called for more active action by the international community in the struggle with terrorism. In this regard, the United Nations Security Council adopted a number of resolutions establishing sanctions regimes against the Islamic State of Iraq and Levant (IDES), Al-Qaida and the Taliban, and other individuals, groups, and related entities and suspected terrorist suspects. Despite the social purpose of these regimes, they created serious preconditions for violations of the human rights of the affected subjects, in particular the right to a fair trial, the right to an effective remedy, the right to property, the right of the persons concerned to be informed of the charges against them, the right to be heard and other procedural rights. This circumstance calls for reformsto be made to the arrangements inplace to ensure fundamental human rightsin the fight against terrorism.

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Влиянието на съдебната практика на ВКС върху развитието на законодателството в Република България

Author(s): Maria Tsokeva / Language(s): Bulgarian Issue: 1-3/2019

The article discusses the influence of the Supreme Court of Cassation practice over the Bulgarian legislation development. A subject of a detailed analysis is the jurisdiction of the Court, based on which the latter carries out its two main activities - judicial and interpretative. Further subject of analysis is the nature of judicial acts, laid down in this regard, as also their influence on our legislation from a theoretical point of view and via particular practice examples.

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RES PUBLICA - RES PRIVATA ET LEURS TRANSFORMATIONS – L’EXEMPLE DE L’EMPHYTEOSE EN DROIT ROMAIN

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2019

In the modern legislation and in the jurisprudence, we don’t find an insurmountable limit between public and private property, which gives the possibility of the various transformations for the public interest compatible with the private interest. During the centuries there are two opposite directions in this sense: expropriation and confiscation of private property and privatization or private use of public goods. The origins of modern practices and institutions in these two sectors are found in Roman law, which establishes the basic principles and presents a vast series of cases and rules that can also be useful for contemporary jurisprudence. From this perspective, the example of Roman emphytosis is presented as a regulation of concessions and agricultural leases adapted to the public interest as well as to the private interest.

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