‘CONVERTING’ DIFC JUDGMENTS INTO ARBITRAL AWARDS: PRACTICE DIRECTION No. 2 OF 2015 AND ITS CONTROVERSIES

Author(s): Miljana Todorović / Language(s): English / Issue: 1/2021

This paper examines the DIFC Practice Direction No.2 of 2015, which provides a possibility of judgment conversion into an arbitral award. In certain cases, this mechanism allows a judgment to become the basis of an arbitral award if parties agree to refer a 'judgment payment dispute' to arbitration. As a result, it would be possible to enforce an award rendered in this procedure under the New York Convention. In the beginning, a short overview is given of the organisation of the DIFC Courts and the Arbitration Center, their main features, and the enforcement of the DIFC judgments and arbitral awards abroad. Following is a detailed interpretation of Practice Direction No.2, the suggested arbitration clause and the referral criteria, their evolution, and the drafter's intention hidden in its wording. The last part deals with controversies in the use and the effect of Practice Direction No. 2, especially the negative effect of the elimination of the review of a judgment, the possibility of the arbitral tribunal to rehear the dispute, and the risk of double recovery. Notwithstanding the feasibility of the application of the New York Convention to enforce an arbitral award resulting from the use of the arbitral clause recommended in Practice Direction No. 2, the use of this mechanism would have an eliminating effect on the review of due process and public policy, which would normally be performed in a court exequatur.

‘Council of Europe’ and ‘Organization of Islamic Cooperation’ Joint Projects for the Transition in Arab Spring Countries

Author(s): Cüneyd Er / Language(s): English / Issue: 5/2014

The revolutionary events that have collectively dubbed ‘the Arab Spring’ in the Middle East had started in December 2010. Even though some turmoil continues in the region, it is a fact that the Arab Spring has paved the way to a transitional justice era – at least – for some of the countries. This piece defends that the Organization of the Islamic Cooperation (OIC), the second-largest public international organization after the United Nations, shall take an active part during the transition period of the Arab Spring countries. It is highlighted that the OIC could implement joint projects in cooperation with some other public international organizations that have experience in implementing democracy, rule of law and human rights programs in some Muslim dominant European countries.

“Purifying” Bosniaks: The Rise of Salafism in Bosnia and Herzegovina: Implications on Transitional Justice and Human Rights

Author(s): Nejra Veljan / Language(s): English / Issue: 9/2018

The 9/11 attacks in the US in 2001, the Madrid bombings and the overall War on Terror have raised attention for the Balkans where two countries (Bosnia and Kosovo) have a Muslim majority (Bougarel, 2008; Öktem, 2011). With the troublesome history of the region in mind, national- and international actors nowadays express their concerns about the ‘’possibility of the Balkans becoming a hotbed of Islamic terrorism, Salafism and Jihadi terrorism.’’ Considering the current situation in Bosnia, and the threat it poses to national- and international security, this article will discuss Salafism and processes of Islamic radicalization in Bosnia. Therefore, the first research question is formulated as follows: What are the characteristics of Islamic radicalization in Bosnia and Herzegovina? This research question is guided by the following sub questions: 1) What are the consequences of the spread of Salafism in Bosnia and Herzegovina? 2)What policies can we implement in order to prevent radicalisation of the youth? The second sub-question will be presented seperately, after conclusion in a form of recommendations.

„Dyskryminacja pozytywna” jako przejaw urzeczywistniania zasady sprawiedliwości społecznej

Author(s): Anna Rytel-Warzocha / Language(s): Polish / Issue: XXXV/2016

One of the basic principles of a democratic state that has been also expressed in art. 2 of the Polish Constitution is the principle of social justice which sets the standards of a democratic, legal and fair state. It should be noticed that social justice is closely linked to the issue of equality before the law and the problem of discrimination. The article is devoted to legal measures that are undertaken by states in order to secure the constitutional principle of equality by eliminating potential cases of discrimination. The Author has focused on the so-called “positive discrimination” (also referred to as affirmative or compensatory actions). Having recognized the importance of the problem of discrimination against certain groups in the society, EU Member States implement anti-discrimination policies through the adoption of appropriate regulations at the international, transnational and national levels. In addition to general declarations of equality in social, economic and political life, these provisions also introduce specific remedies in order to prevent discrimination against certain groups in the society which by definition are weaker and thus implement the principle of equal treatment. Such specify measures can be found in Poland f. ex. in the provisions of the Labor Code, the law on economic activities or the Electoral Code which proves that compensatory actions under the anti-discrimination policy are used in various fields of social and political life often being perceived as controversial.

СЪВЕТЪТ ЗА ЕЛЕКТРОННИ МЕДИИ – ДИСКУСИОННИ ВЪПРОСИ ОТНОСНО ПРАВНОТО МУ ПОЛОЖЕНИЕ

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian / Issue: 1/2018

Subject-matter of analysis in the paper is the legal status of the Council for Electronic Media as state authority, which regulates the provision of media services on the territory of the Republic of Bulgaria. The issues are studied from the constitutional, administrative and labour law point of view.

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.

Транснаціональна злочинність: особливості та основні моделі

Author(s): Olena Viktorivna Tkachova / Language(s): English,Russian,Ukrainian / Issue: 20/2021

In modern conditions, when information technologies are rapidly developing and innovations are being introduced, certain changes are taking place in the communication not only of individual citizens, but also of states, and favorable conditions are being created for establishing close ties and contacts. Of course, on the one hand, this is beneficial because it accelerates the exchange of knowledge and information, the transfer of various information (the timely receipt of which can sometimes depend on the fate of people and entire countries, as in the case of terrorist acts), and on the other - facilitates communication of members of transnational criminal groups with partners in other countries and even on other continents, which is more difficult to detect. As a result, such a negative phenomenon, so to speak, the tumor, as transnational crime is gaining significant scale, behaves like an octopus, launching its tentacles around the world. The study found that the features of modern transnational organized crime are: rapid adaptation to realities, instant response to changes and transformations in life and economy, the ability to improve and adjust the methods and tools used in activities; coordination; rationality; thoughtfulness and systematic actions; systematization; the desire to minimize potential risks and get the most profit and maximum profits. Such models of transnational organized crime as: corporate, trade unions, partnerships, ethnic, network are considered. Modern transnational criminal groups, regardless of model, have been shown to be “well-concealed, well-off criminal communities with a well-defined internal structure, distribution of spheres of influence and functions, and extensive interregional or international ties. It is emphasized that now transnational crime is turning into cybercrime. This is made possible by the fact that it is easier to hide criminal activity on the Internet, anonymity is ensured, and it is possible to act uncontrollably, which, in turn, guarantees security for criminal activity.

Транспорт, контрабанда и организирана престъпност

Author(s): Tihomir Bezlov,Philip Gounev,Emil Tzenkov,Petkan Iliev / Language(s): Bulgarian

The report analyses the participation of transportation companies in smuggling practices, more specifically: • it examines and describes a range of companies and individuals involved in organized crime groups whose main business is the trafficking of consumer goods; • it also gives and overview of the criminal and semi-legal networks involved in smuggling Chinese and Turkish goods; • it presents new data on oil and oil products smuggling; • it examines the role of duty-free shops and their involvement in illicit cigarettes imports.

Трансформация на правната връзка работодател – работник в резултат на влиянието на дигитализацията

Author(s): Andriyana Andreeva,Galina Yolova / Language(s): Bulgarian / Issue: 1/2020

The paper examines the change in the content of the employer-employee legal relationship as a result of the impact of digitalisation and the emergence of new forms of employment. Emphasis in the paper is placed on the new rights and obligations of the parties which are not accounted for in the national legislation. The survey is based on European trends reflected in the EU legislation. Based on the analysis, conclusions and recommendations are made for improving labor legislation.

Удосконалення галузевого законодавства, норми якого визначають адміністративне-правове забезпечення аудиторської діяльності в Україні

Author(s): V. Tomina / Language(s): Ukrainian / Issue: 131/2015

The development of the scope of the audit and its stable functioning is directly related to the level of efficiency of its administrative and legal support. The introduction of market economy in Ukraine accompanied by the development of these types of entities that protect the interests of users of financial and other economic information. Auditing as one of the types of business ensures the implementation of such a form of non-state financial control, which is to review accounting and financial statements of different enterprises and different activities in terms of their reliability and compliance with the law. To implement effective public policy in auditing activity necessary to improve its administrative and legal framework, to which we have included the following elements: a system of special legislation authorized public authorities, their legal status, the relationship between them and the powerful mechanism of influence on the relevant social relations. Researchers, lawyers focused on the analysis of domestic legislation addressing the theoretical issues of audit works based on domestic and Russian scientists in the field of finance. The purpose of the article is that based on the analysis of domestic and foreign scientific, journalistic sources and industry domestic law to investigate the nature of audit, analyze the current state of administrative and legal support audit activities and to formulate proposals for its improvement through the introduction of changes to the industry legislation and practice. Auditing plays an important in the functioning of the market economy, is one of the important elements that guarantee stability and confidence of individuals and entities by reducing a variety of financial and economic risks. Thus, the formation mechanism of legal and organizational audit regulation in Ukraine has a leverage creating safeguards against the unpredictability of market players, which forms the general financial and economic security. The analysis of trends improvement of administrative and legal support audit activity in Ukraine led to the following conclusions: 1. Based on analysis of regulations and practice of administrative and legal support audit activity reasonably conclude that the fundamental factors of influence on its effectiveness are: legal, economic, political, institutional, social, personal, and others. Lack of clear provisions as current and prospective legislation on forms of administrative and legal support audit activity, in particular control character indicates that Ukraine is not yet perceived global trends in the regulation of this activity. 2. It is proved that to improve the administrative and legal support auditing activity necessary to eliminate imperfect acts, in particular their legislative and legal, economic, organizational and social. 3. It has been proved that the optimization of administrative and legal support audit activity in Ukraine should be in the following areas: consolidation principles auditing activities; determining the order of procedures of quality control of auditors and audit firms; definition of regulatory procedures for the conclusion of the auditor (auditing firm) contracts (services, professional liability insurance); improvement of the legal statute of authorized state audit regulation (Ministry of Finance of Ukraine); self-regulatory organizations (Audit Chamber of Ukraine); authority public auditor oversight (Commission for external quality control).

УПРАВЛЕНИЕ НА ЕСНАФСКИТЕ ОРГАНИЗАЦИИ. ЕСНАФСКИ ОРГАНИ – ВИДОВЕ И ПРАВОМОЩИЯ

Author(s): Petya Nedeleva / Language(s): Bulgarian / Issue: 1/2018

The Guild organizations from the period of the Revival – their composition, structure, activities and empowerment illustrate, that these are unique associations without analogue in the Bulgarian reality. The Guild organization combines in itself elements, characteristic of various organizations and institutions. On one hand, it has the traits of a business entity with a distinctive economic activity, members and specific management bodies. On the other hand, elements may be discovered of non-profit legal entities – from a point of view undertaking activates for the benefit of churches, monasteries, schools, the needy and the poor. The Guild organization is guided by its own internal rules, forming a part of the Bulgarian Common Law. They are managed by specific sole and collective authorities, names and functions.

УЧАСТИЕ ГОСУДАРСТВА В ГРАЖДАНСКИХ ПРАВООТНОШЕНИЯХ

Author(s): Vladimir Alekseevich Babakov / Language(s): Russian / Issue: 6/2015

The paper is devoted to the study of issues on definition of the legal capacity of the state as a participant of civil-law relations, an area that needs improvement of the legal regulation. The aim of the paper is to determine the legal capacity of the state with regard to the threetiered system of its involvement in civil relations, as well as to consider problems concerning the responsibility of officials for actions of the state and its bodies. The conclusion is made about the need to ensure accountability of officials for harm caused by the state.

ФАЗИ НА СЪДЕБНИЯ ПРОЦЕС В МЕЖДУНАРОДНИЯ СЪД НА ООН

Author(s): Aleksander Dragiev / Language(s): Bulgarian / Issue: 1/2015

The procedure in the UN International Court of Justice consists of two time parts: written and oral proceedings. The written one consists of the communication to the Court and to the parties of the case of different documents. They are main evidence in the Court procedure: therefrom in each case, necessarily, there are documents and written proceedings, respectively. The oral proceedings are after the written one. They consist of the hearing by the Court of the agents, counsel and advocates of the parties to the case, witnesses and experts.

ФУНКЦИОНАЛНА КОМПЕТЕНТНОСТ НА СЛУЖБИТЕ ЗА АДМИНИСТРАТИВЕН КОНТРОЛ НА ЧУЖДЕНЦИ СПРЯМО ГРАЖДАНИТЕ НА ТРЕТИ СТРАНИ, ПРЕБИВАВАЩИ В РЕПУБЛИКА БЪЛГАРИЯ ЗА ЦЕЛИТЕ НА ТРУДОВАТА ЗАЕТОСТ

Author(s): Ivelina Mihova / Language(s): Bulgarian / Issue: 1/2019

The need for labour force necessitates the development of mechanisms for access to the labour market by third-country nationals, taking into account the potential threats of migration to the national security. In Bulgarian legislation the terms under which foreigners may reside in the country for the purposes of employment and the procedures through which they might be granted the respective permits are defined clearly. The role of the services for administrative control of foreigners is essential in this process due to the mandatory requirement for the migrant to have the required residence permit to conduct work. Тhe report looks into the procedures for issuance of different types of documents for residence of persons with the aim of providing access to the labour market, implemented by the Migration Directorate of the Ministry of Interior and the respective sections„Migration” in the regional directorates of the MoI.

Хуманитарните науки не служат за нищо и това е добре: Екскурс върху възгледите на Стенли Фиш, професор по литература и право

Author(s): Yordan Eftimov / Language(s): Bulgarian / Publication Year: 0

The report discusses the ideas of the American professor of law and literature Stanley Fish and how they can help us to realize not only the place of humanities today but also the usefulness of literary activities for the dense picture of life. Examples include discussions on John Milton's works as well as Bulgarian literary works.

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.

ЭТИЧЕСКАЯ КОНЦЕПЦИЯ ГРАЖДАНСКОГО ПРАВА

Author(s): Farida Ildarovna Khamidullina / Language(s): Russian / Issue: 4/2013

The article defines the basic postulates of the ethical concept of civil law and shows their methodological importance for disclosure of the fundamental properties of law and the patterns of its functioning. A conclusion is made regarding the dialectic nature of the transition from moral consciousness to the legal one.

Юридическата компилация Nomos Mosaïcos и някои аспекти на нейната славянска рецепция

Author(s): Mariyana Tsibranska-Kostova / Language(s): Bulgarian / Issue: 3/2014

The article aims at giving an idea on how the Old Testament compilation known in the Byzantine juridical literature as Νόμος Μοσαϊκός (Nomos Mosaïcos), or Moses' Law (Laws), was received and transmitted in its Slavonic translation. The analysis is focused on the 31 oldest manuscript (Ilovica copy from 1262) of St. Sava's Zakonopravilo (Legal Code), known as being the South-Slavonic Krmcija with interpretations. In this fundamental compendium for all Slavs the Nomos Mosai'cos is the 48th title in the part of the manuscript copied by the priest Bogdan (ff. 249v-255r). In comparison to about 40 Byzantine copies from the 11 th-16th centuries the Slavonic text shows two main typological peculiarities: in the Slavic milieu the Nomos Mosai'cos shares the same independent text history and translation as the other secular law texts appended to the Byzantine Ecloga (Procheiros nomos, Nomos Georgikos as well as the Ecloga); it was copied in voluminous codices since the Krmcija remained the primary and original textual environment for the Old Testament juridical norms for the Slavs. The linguistic analysis shows two main tendencies: an undisputed connection with the Byzantine prototype that was followed, and an independent and recognizable technique of translation that characterizes the Zakonopravilo as a whole. The early date of the Slavonic translation and its preservation in a copy one century prior to the oldest known Slavonic translations of the Pentateuch requires Nomos Mosai'cos to be taken into consideration as a reliable source when studying both Biblical and juridical aspects of the Old Testament in the Slavonic written tradition as a whole. It must also be considered when examining the mutual relation of the text of the Zakonopravilo as a whole, the Slavonic Ecloga and the Farmer's Law.

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.

Юридическо списание на Нов български университет

Frequency: irregular and other / Country: Bulgaria

Law Journal of New Bulgarian University (NBU) is the official forum for the lecturers, PhD students and alumni from the Depatment of Law, NBU. It is published since 2005, and is the first electronic legal journal in Bulgaria.

It encourages local lecturers, PhD students and Masters to share their research outcome with the professional community. Special emphasis is placed on contemporary developments, but the journal's range includes jurisprudence, legal history and case studies.

The Law Journal of NBU is tracking interesting and current events (conferences, discussions and seminars) with the participation of students from the Law Master Program and their supervisors, which reuslt in publishing the best of their findings.

An important section of the journal is the one with literature reviews, in which members of the NBU Department of Law analyse recent titles of their colleagues.