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Meštianske právo na Slovensku v stredoveku

Author(s): Ferdinand Uličný / Language(s): Slovak Issue: 2/2014

"Author provides a study of the development of the burgher right in Slovakia in the Middle Ages. It is the author’s final paper, which completed his research about the origin and development of the bourgeoisie and towns in Slovakia in the Middle Ages. Author describes:a/ customary, natural burgher rights up to the end of the 12th century;b/ granted, acquired and drafted burgher rights from the 13th century.The second ones were indirectly, but significantly, derived from the burgher rights in Germany. Author compared privileges, burgher rights in the Czech and Poland towns with a finding, that the burgher rights in Slovakia and all throughout the Kingdom of Hungary, were the most liberal. From the 15th century the rights of burghers living in cities belonging to Hungarian king were also supplemented by political rights, particularly by the participation of burghers in the Hungary Assembly and by the creation of voluntary associations of the towns. Finally, the author justified the need to leave an actual scientific terminology and substitute it:a/ the term of town rights should be replaced by more accurate term burgher rights;b/ taking into account the Latin terminology, which was in use in the 15th century, the term of „town“ (civitas, civitas libera) and term of „small town“ (oppidum) are appropriate for use in Slovak."

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Current Issues in Business Law

Author(s): / Language(s): English

This volume contains the scientific papers presented at the Eighth International Conference „Perspectives of Business Law in the Third Millennium” that was held on 16 November 2018 at Bucharest University of Economic Studies, Romania. The scientific studies included in this volume are grouped into three chapters: National and International Business Law, Business and Corporate Criminal Law, Labor Law in Business Context. The present volume is addressed to practitioners, researchers, students and PhD candidates in juridical sciences, who are interested in recent developments and prospects for development in the field of business law at international and national level.

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JURISPRUDENȚA - FACTOR DECISIV ÎN EVOLUȚIA LEGIFERĂRII

Author(s): Mihaela Aghenitei,Jafar Samdani / Language(s): Romanian Publication Year: 0

Jurisprudence appears as a feed-back of law enforcement, in practice, being at the same time a synthetic factor, over time, a basis for further lawmaking. There can not be a legislative proposal without adequate motivation to rely on the study of the statistics of the case management modalities in the field. On the one hand, we tend to disregard jurisprudence, as it does not have the force of law except incidental, and on the other hand we use it for legislative purposes, underlying its legislation. It is interesting to approach the encoding in a state at the intersection of the two major legal systems - Kuwait, with legal codes derived from the two legal systems, as the main source of the law and opting for the laws drawn by Western and Medieval traditions while influencing Islamic, tribal customs and colonial harmony, in which personal laws and Islamic attainment are very obvious, especially in commercial laws. Its civil code is based on the legal traditions of tribal regional customs and practices from previous years, and on the other hand, the code derives from the Egyptian code, which is based on French law and has its roots, motives, principles and philosophy of the Roman Code . It was practically developed on the Egyptian model (based on French civil law) for the new legislation.

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Navigating through your supply chain: Toolkit for prevention of labour exploitation and trafficking

Author(s): Anni Lietonen,Anniina Jokinen,Natalia Ollus,Anton Kojouharov / Language(s): English

In recent years, cases of labour exploitation in supply/subcontracting chains have been uncovered around the world, as well as in Europe. Outsourcing of work or services through subcontractors/suppliers or use of temporary workers in flexible employment relationships heighten the risk of exploitative working conditions. The working conditions in lengthy subcontracting chains might be difficult for companies to uncover. Everything may seem legal on paper but in reality, exploited migrant workers might work long hours in poor conditions, which are below national standards, and they have little or no possibility to change their situation. To protect the rights of migrant workers, to promote fair competition and decent work, as well as to avoid negative publicity businesses have a responsibility to address the risk of labour exploitation and human trafficking in their subcontracting or supply chains. This risk management toolkit has been developed with the purpose to give companies a brief overview of what labour exploitation and trafficking are, as well as to demonstrate the risks for businesses, and how involvement in such scenarios can be effectively avoided.

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GEORGIAN ETHNOPOLITICAL CONFLICT AS A SUBJECT OF CONFRONTATION BETWEEN THE USA AND RUSSIA

Author(s): Ekaterine Lomia,Loid Karchava / Language(s): English Issue: 2/2021

Since 2009 Russia has increased its military forces in Abkhazia and South Ossetia and pursued the policy of ‘creeping annexation in the occupied territories of Georgia. Today, 20% of Georgian territories are occupied by the Russian Federation. The Russian-baked separatists continuously erect barbed-wire border posts in one of the occupied regions of Georgia-South Ossetia and detain Georgian people, under the pretext of ‘illegally crossing the border’. Fundamental rights of the local population are violated daily since the occupants install barbers through people’s houses, gardens, and cultivated lands. Innocent citizens are forced to leave their homes, belongings, and cultivated lands that are left beyond the occupants’ demarcation line. The paper argues that along with other global challenges of the world, the USA-Russia clashes of interests are also found with the Georgian conflicts. While Washington hugely supports Georgia’s territorial integrity and welcomes its Euro-Atlantic aspirations, the Russian Federation, on the contrary, prevents the aforementioned process and directly opposes Georgia’s integration into NATO. The USA condemns Russia’s creeping annexation of Georgian territories and continuously calls on Russia to respect the sovereignty and territorial integrity of an independent country. Furthermore, the USA-Russia relations have considerably deteriorated following Russia’s military intervention in Georgia and the recognition of Abkhazia and South Ossetia as independent states.

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MINORITY RIGHTS IN CENTRAL ASIA: INSIGHTS FROM KAZAKHSTAN, KYRGYZSTAN, AND UZBEKISTAN

Author(s): Aram Terzyan / Language(s): English Issue: 2/2021

This paper explores the state of minority rights in the three Central Asian countries of Kazakhstan, Kyrgyzstan, and Uzbekistan. These countries share a lot of similarities in terms of their post-Soviet authoritarian legacy and weakness of democratic institutions. The repressive political landscapes of the Central Asian states have taken their tolls on minority groups, leaving them discriminated against, mistreated, and severely disadvantaged. Minority rights violations range from ethnic and religious discrimination to state-sponsored homophobia. Even though the leadership changes have positively affected the state of human rights in the three countries, there is still a slow pace of reforms. Overall, domestic changes in Uzbekistan, Kazakhstan, and Kyrgyzstan have not yielded considerable results so far in terms of alleviating the plight of minority groups across these countries.

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IZVEŠTAJ o suđenjima za ratne zločine u Srbiji u 2011.

Author(s): / Language(s): Serbian

In 2011, the War Crimes Prosecutor's Office of the Republic of Serbia (TRZ) filed indictments against a total of nine persons, all for the criminal offense of War Crimes against Civilians under Art. 142 paragraph 1 of the FRY CC. // In 2011, 13 proceedings were conducted before the War Crimes Chamber of the High Court in Belgrade. Of these, the War Crimes Chamber handed down verdicts in six cases, convicting 17 defendants and acquitting two of them, and the remaining seven proceedings are still pending. // In 2011, the War Crimes Chamber of the Court of Appeals in Belgrade issued 11 decisions on appeals against the verdicts of the War Crimes Chamber of the Belgrade High Court, which convicted 12 defendants and overturned the first instance verdicts and returned the cases. on retrial. // In 2011, before the courts of general jurisdiction, two proceedings were conducted for the criminal offense of War Crimes against Civilians under Article 142, Paragraph 1 of the FRY Criminal Code - Kushnin / Kushnin case before the Higher Court in Nis, Orahovac / Rahovec case before The High Court in Pozarevac, and two proceedings for ethnically motivated murders. The case of Oto Palinkaš et al. Was conducted before the High Court in Kraljevo, and the case for ethnically motivated murder in the Emini case was conducted before the High Court in Niš. // Humanitarian Law Center (HLC), in 2011 represented the victims in four cases before the War Crimes Chamber of the High Court in Belgrade - Ćuška / Qushk, Skočić, Zvornik III / IV and Lovas, while HLC observers monitored the main hearings in other proceedings before this court, as well as the main trial in the Kushnin case.

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IZVEŠTAJ o suđenjima za ratne zločine u Srbiji u 2012. Godini

Author(s): / Language(s): Serbian

In 2012, 13 proceedings were conducted before the High Court in Belgrade (War Crimes Chamber). The High Court handed down verdicts in seven cases1 in which 37 defendants were convicted and eight defendants acquitted, while the remaining six proceedings are still pending. // In 2012, the Court of Appeals in Belgrade (War Crimes Chamber) rendered four decisions on appeals against the judgments of the Belgrade High Court and the Belgrade Court of Appeals, which convicted four defendants3 and acquitted two defendants. // In 2012, two war crimes proceedings against civilians were conducted before courts of general jurisdiction - the Orahovac/Rahovec case before the Požarevac High Court and the Kushnin case before the Niš High Court. The procedure against Miloš Lukić for the crime of murder is underway before the High Court in Prokuplje. // In 2012, the OWCP filed indictments against a total of seven persons for the criminal offense of War Crimes against Civilians and / or for the criminal offense of War Crimes against Prisoners of War. In 2012, the HLC represented the victims in four cases before the War Crimes Chamber of the Belgrade High Court - Ćuška / Qushk, Skočić, Lovas and Tenja II, while HLC observers monitored the main hearings in other proceedings before this court, as well as main hearings in cases before the courts of general jurisdiction - Rahovec / Orahovac, Kušnin/Kushnin i Miloš Lukić.

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ЛЪВСКОТО ДРУЖЕСТВО В РИМСКОТО ПРАВО

Author(s): Stoyan P. Ivanov / Language(s): Bulgarian Issue: 1/2021

The article discusses the origin and meaning of the notion and the term leonine partnership, as well as the problems associated with the distribution of profits and losses between the partners in the consensual contract for partnership in Roman law. The fragment from the Digests of Justinian where actually is the unique mention of the expression societas leonina and this form of partnership is defined by the Romal classical jurist Cassius is subjected to a legal-dogmatic and linguistic analysis. The fable of Phaedrus for the partnership between a lion, a goat, a cow and a patient sheep which is considered to be the original source, used for forming the concept of the leonine partnership in Roman legal thought is completely analysed and interpreted. The author paid special attention to the magna questio (the great discussion) among Roman jurisprudence, dating from the period of the end of the Roman Republic with some projections and in the classical period in connection with the distribution of profits and losses in the consensual contract of partnership as a result of the partnership`s activity. And on the other hand the article examines the problem about the existence of privileges or restrictions for certain partners regarding the profits and analysis of the two leading opinions on the subject through the exegesis of a fragment of the Institutions of Gaius.

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THE ROLE OF REGIONAL HUMAN RIGHTS INSTITUTIONS IN TIMES OF ARMED CONFLICTS IN AFRICA

Author(s): Ufuoma Veronica Awhefeada / Language(s): English Issue: 1/2023

Armed conflict is a perennial problem that has plagued Africa for decades, resulting in flagrant human rights abuse. The central problem this paper seeks to address is identifying the laws establishing institutions and agencies for protecting human rights in Africa and examining how well-adapted these institutions are to protect human rights in times of armed conflict in Africa. This research employs the doctrinal research method, which entails an examination of the relevant primary sources of the law as laid down in the statutes and treaties and interpreted by the courts as well as secondary source materials, including journal articles, reports, and other relevant sources materials. It is contended that though human rights institutions were not established with the goal of interventions in times of armed conflict to protect human rights, they can be adapted to meet this challenge to stem the tide of gross human rights violations during armed conflicts. The paper concludes by recommending the expansion in the practice of the mandate of these human rights institutions to accommodate mechanisms for the protection of human rights in times of armed conflicts.

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MILITARY SANCTIONS: THE WAR ON TERROR AND THE CASE OF UZBEKISTAN

Author(s): Jonathan Honig / Language(s): English Issue: 1/2023

States frequently find themselves disbursing or receiving military aid, cooperation, and access to military products. Using foreign policy options like "military sanctions" (the suspension of military projects, aid, cooperation, and access) is a desirable, widely publicized way for one state to express its discontent to another while presumably influencing desired policy changes in the client state. However, the small amount of evidence on military sanctions indicates that they are ineffective, short-lived, and may even be counterproductive. This analysis attempted to elucidate this subject by advancing a theory stating that states will impose military sanctions in response to domestic audience pressures shortly after high-profile examples of undesirable behavior by client states. However, military sanctions will be eased as time progresses and public attention has waned. This analysis qualitatively examined Uzbekistan and its relationship with the US, finding support for this theory. It concluded that following high-profile incidents and periods of undesirable behavior by an aid-recipient state, military sanctions would likely be employed by the state providing the military aid and programs. Further, military sanctions are eased or scrapped as time moves from public incidents and attention involving human rights abuses.

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THE EXPLOSIVE UKRAINIAN MIGRATION DUE TO THE RUSSIAN ARMED CONFLICT IN 2022: THE CASE OF BULGARIA

Author(s): Rossen Koroutchev / Language(s): English Issue: 1/2023

In this work, we have studied the evolution of the Ukrainian refugee crisis in Europe during the first several months after the beginning of the armed conflict on 24 February 2022. We have also talked about the influx of Ukrainians into Bulgaria, where there has reportedly been the biggest wave of refugees in recorded history. By using official statistics and structured interviews with Ukrainian refugees in Bulgaria, we have analyzed the specific evolution of the immigrants, their profile, and the governmental policies for better integration of them into the labor market and within the society. Our key arguments are mainly related to the fact that such policies must be successful for most Ukrainian immigrants and refugees due to the similarities between Ukraine and Bulgaria regarding traditions, education, and historical ties. Our conclusion confirms these arguments but also mentions several problems related to the low wages, the limited childcare, and the heavy bureaucracy.

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STRUCTURAL AND NON-STRUCTURAL OBSTACLES IN THE PROCESS OF RECOGNITION OF INDEPENDENCE OF KOSOVO: 2008-2021

Author(s): Dorajet Imeri,Abdulla Azizi / Language(s): English Issue: 1/2023

The process of recognition of Kosovo has continuously declined since the Declaration of Independence until 2021, the period covered in this paper. This process is characterized by external structural obstacles, as well as internal non-structural ones. Applying the content analysis method and semi-structured interviews, the paper emphasized that the main structural obstacle was the inability to accept the Ahtisaari Plan from the UN as a compromise choice. On the other hand, the non-recognition of the state of Kosovo by Serbia (supported by Russia) resulted in the division of the states into two large groups: “pro” and “contra” recognition. Meanwhile, due to these extreme divisions, a third group of states sees the recognition of Kosovo as an opportunity to solve the previous obstacles. Thus, Serbia has established clear schemes to hinder the development of the process, first by sending the case of Kosovo to the ICJ and later by presenting the Kosovo-Serbia negotiation as status negotiations. Meanwhile, the internal political instability in Kosovo and the wrong political approach towards potentially recognizing states are evident as non-structural obstacles in achieving new recognition.

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LEGAL REGIME OF PROPERTY OF LAND IN ROMAN PROVINCES

Author(s): Stoyan P. Ivanov / Language(s): English Issue: 2/2022

The paper considers the specific problem of the land property outside Italy in the Roman provinces during the period of the late Roman Republic and the early Principate. The author studies how the Roman government faced the new problems that the conquest created and what Rome actually did when first met the Hellenistic concepts of the land property in the conquered territories and how they were applied or modified according to the traditional Roman law principles and regulations. It is emphasized that the need to organize the territory and to define the property of the people who lived on that territory or the rights which they had to the land for a very first time occurred in Sicily which the Romans organized as the first Roman provincia. The article examines the organization of Sicily according to Lex Hieronica, it considers the exemptions and immunities of some cities from the general legal regime of the province, and studies the collection of public revenues and the payments for the taxes for the exploitation of the land – vectigal et vectigalia publica. Key notions and terms like possessio, dominium, mancipatio, vectigal, vectigalia, tributum, stipendium are cleared and special attention is paid to the correct use of the Latin legal terminology. Some of the most important fragments from the Institutes of Gaius about the provincial property are examined and is made a carefully study of his language and the legal aspects of his consideration of the rights that the individuals had over the provincial lands. The research presents in details the organization of other provinces in the late Roman Republic and the early Principate and deals with the richest Roman province – Asia, which brings huge revenues to the Roman budget. Central part of the study is dedicated to the legal regime of the provincial land and the author considers the main opinions on this topic in the recent Roman legal doctrine and translates and analyzes the relevant classical Latin texts in the sources and provides an important bibliography on the problem, he tries also to define the Roman concept for „provincial property“ which for sure was not identical with the dominium ex iure Quiritium in Italy.

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LA CREATION DE LA PROVINCE ROMAINE DE MOESIA INFERIOR SUR LE TERRITOIRE DE LA BULGARIE CONTEMPORAINE

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2022

In the Roman provinces of Moesia Inferior and Thrace, created at the beginning of the 1st century AD, there is a mutual penetration of the traditions of government, culture and religions of the Thracians, Greeks and Romans. This creates a specific basis for the development of legislation and the legal framework of a number of institutions specific to this region, especially in the province of Lower Moesia, which was not urbanized before the arrival of the Romans. Despite the few sources of data for this period, historical science in Bulgaria as well as other research for the region has had significant successes in reconstructing the political, economic and social situation in this Roman province. However, less attention is paid to provincial law, which poses a challenge for Bulgarian Romanists.

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LOCAL SELF-GOVERNMENT, COMMUNITY, AND SOCIAL SERVICE DELIVERY IN KOSOVO

Author(s): Ferdi Kamberi,Zeqir Hashani / Language(s): English Issue: 2/2023

Community development is vital in networking and creating social capital. Local governments in Kosovo cooperate closely with their communities by offering public and social services, inclusivity, and social integration. This cooperation increases active citizenship, community development, social welfare, and local democracy. This paper aims to research and analyze the relationship between local governments and their communities, focusing on providing social services. The applied methodology included a quantitative survey of 300 respondents from three municipalities: Pristina, Fushe Kosove, and Obilic, targeting citizens aged 18 and above of both genders. The results show that local authorities in these municipalities offer community services and include their communities in policy-making and decision-making. While they also offer social services, community-based services should be restructured, and local authorities should pay more attention to empowering the community more comprehensively.

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Мястото на правата на човека и върховенството на правото в медийното отразяване на тероризма: сравнение между България и Германия (2009-2020)

Author(s): Bianka Bogoevska / Language(s): Bulgarian Issue: 14/2023

The analysis answers the question as to what extent the media in Bulgaria and Germany touched on human rights, rule of law and related concepts in the articles about terrorism published between 2009 and 2020. The aim is to explore the effect of the rise of ISIS in 2015 on the media discourses in both countries, and whether it spurred media securitisation of terrorism – namely, a lower proportion of articles that combine the concepts of terrorism and fundamental rights. The research has found that temporary media securitisation took place in Bulgaria, followed by desecuritisation, while in Germany there was an absolute and relative rise in the materials discussing human rights issues alongside terrorism.

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METHODOLOGY FOR DEVELOPING A SECURITY ENVIRONMENT

Author(s): Oleh Borovyk,Dmytro Kupriienko,Artem Bratko,Anatolii Mysyk,Oleksandr Andrushko,Serhii Burbela / Language(s): English Issue: 3/2023

The research conducted in this article is a substantiation of the method for strategic management of the development of the Ukrainian border security environment. The essence of the method is to determine the phases for the current state and the projected period for particular sectors of the state border, depending on their inherent characteristics, further selecting the concept of border security on this basis, establishing the type of barriers and criteria for ensuring border security that are appropriate for use. Further application of the methodology involves conducting a SWOT analysis for particular sectors of the state border, which identifies the strengths and weaknesses of the internal environment, opportunities and threats inherent in the external environment, and the formation of possible strategies for ensuring border security in three variants of organizing activities (in the conditions of day-to-day activities, a complication of the situation and martial law). Based on the results of the analysis and the illustrative example, it can be concluded that the proposed method for strategic management of the development of Ukraine’s border security environment is one of the possible effective mechanisms in the activities of the subjects ensuring Ukraine’s border security.

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Beyond Traditional Boundaries: From State-Centric Diplomacy to More Participatory Approaches for a Sustainable Future in the Western Balkans

Author(s): Elira Luli,Mirela Metushaj / Language(s): English Issue: 2/2024

The contemporary era has witnessed a significant evolution in diplomacy, transitioning from traditional state-led approaches to more open, multilateral methods and channels. This study evaluates the effectiveness and suitability of the new diplomatic disciplines, particularly in the Western Balkans region, which grapples with numerous structural challenges, ethnic and political divisions, and external interference. The influence of traditional state-centric diplomacy in this region necessitates a shift towards a more participatory, multi-stakeholder approach to promoting positive peace and cooperation. This reframing of diplomacy emphasizes the emergence of regionalism and multilateralism through multi-track diplomacy, involving private individuals, non-governmental organizations, societies, and engaged citizens to foster understanding through dialogue, cooperation, and deeper interaction. The analysis highlights the influence of innovative diplomatic channels interlinked and entrenched through a capillary diplomacy framework essential for regional application while exploring the constraints of traditional methods. It advocates for fresh diplomatic strategies and collaborative initiatives in the Western Balkans through a win-win formula and a participatory model based on multi-track diplomacy – repurposed and redesigned to advance the reconciliation process, rapprochement, and raise public awareness through effective communication in line with the EU integration goals and advancements.

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Патриотизъм, национализъм и настроения към ромския етнос в България

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Патриотизъм, национализъм и настроения към ромския етнос в България

Author(s): Plamena Stoyanova / Language(s): Bulgarian Issue: 3/2023

The political changes after 1989 in Bulgaria and the country’s difficult economic transition, temporarily led to a decline in patriotic feelings among the Bulgarian people. With few exceptions, such as Bulgaria's triumphant performance at the 1994 World Cup, which led to unprecedented national pride, the idea of belonging and unity began to dissolve in the harsh and uncertain conditions of the transition from socialism to a market economy. This led to a deterioration of relations in Bulgarian society, a sharp revision of values, a decrease in tolerance, and the entering into everyday life of the so-called language of hatred. Political parties were created which, under the guise of patriotism, openly promoted more radical sentiments toward various types of minorities. An increase in domestic crime at the time proved to be a fertile ground for such rhetoric. The fact that from the beginning of the new millennium until now, some Bulgarians have been invariably supporting nationalist parties, shows that these political formations are an expression of permanently present sentiments in the Bulgarian society. The current text will focus on nationalist manifestations towards the second-largest ethnic minority in the country – the Roma. For this purpose, specific events will be examined and analysed, and an attempt will be made to provide answers to several questions such as: What is the role of the Bulgarian minorities in these nationalist attitudes? Is it possible to build an identity based on the rejection of the other, and what are the manifestations of this rejection? How do such manifestations of intolerance and confrontation reflect on the identity of the minority itself? Who benefits from this rhetoric, and what are its consequences for the Bulgarian society?

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