"COFOLA INTERNATIONAL 2016. Resolution of International Disputes Public Law in the Context of Immigration Crisis

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

The conference “COFOLA = Conference for Young Lawyers” is annualy organized by the Masaryk University, Faculty of Law from 2007. The main aim of this conference is to give floor to the doctoral students and young scientists at their early stage of career and enable them to present the results of their scientific activities. Since 2013 COFOLA has been enriched by special part called “COFOLA INTERNATIONAL”. COFOLA INTERNATIONAL focuses primarily on issues of international law and the regulation of cross-border relations and is also oriented to doctoral students and young scientists from foreign countries.

"Przestępstwa bez ofiar" w świetle polskiej Konstytucji oraz orzecznictwa Trybunału Konstytucyjnego

Author(s): Michał Szymański / Language(s): Polish / Issue: 1/2018

The term “victimless crimes” is one of the leading concepts of American criminology, also used by libertarian circles. It assumes that acts that do not cause harm to the other person (or are made with his consent) should be legal. This theory has also found a resonance in American constitutionalism, whereas in Polish science of constitutional law this concept is virtually unknown. The case law of the Constitutional Tribunal is also more conservative and paternalistic than libertarian. The Tribunal did not consider unconstitutional provisions to drive a car with fastened seatbelts. Possession of marijuana for own use also, in the Court’s opinion, may also be prohibited by Polish law and the justifi cation used typical conservative arguments. The Polish Constitution also protects public morality, which is in direct contradiction to libertarianism. The author of the concept, Edwin Schur, also considered abortion as “victimless crime”. The Constitutional Tribunal has an extremely diff erent position, recognizing the need to protect unborn life. The axiology of the Polish Constitution is closer to the same spirit of Christian democracy than to extreme liberalism.

(Ne)zakonitost imenovanja upravnih odbora javnih ustanova u Tuzlanskom kantonu

Author(s): Ervin Mujkić / Language(s): Bosnian,Croatian,Serbian / Issue: 12/2013

Imenovanje i razrješenje članova upravnih odbora javnih ustanova u Federaciji BiH regulisano je zakonskim i podzakonskim propisima na entitetskom, kantonalnom i općinskom nivou. Odredbama Zakona o ministarskim, vladinim i drugim imenovanjima Federacije Bosne i Hercegovine, koji se primjenjuje na svim nivoima vlasti u F BiH, uključujući kantone, općine i gradove, utvrđen je otvoreni postupak izbora kojim se vrši konačno imenovanje i ponovno imenovanje na pozicije u reguliranim organima.

(Ne)zaštićenost trećih osoba ugovorima o osiguranju od autoodgovornosti u Bosni i Hercegovini

Author(s): Alma Smailhodžić / Language(s): Bosnian / Issue: 20/2017

Under the Motor Vehicle Damage Liability Insurance Contract, a legal relationship is established between the insurer and the insured. However, if in the traffic accident the damage is caused to a third person, that person is entitled to compensation directly to the insurer of the motor vehicle liability insurance contract between the insurer and the owner of the vehicle engine, but not according to the basis of this contract, but according to the basis of the law itself. For this this kind of insurance we call extracontractual or legal insurance. The circle of third persons, the people who have the right to compensation by motor vehicle use in the movement, does not have the same magnitude in all countries. There are many factors that influence the width of the circle of third persons (the level of economic and civilizational development, the material possibility of certain countries, etc.). The development of insurance law up to now shows the trend of expanding the protection of the damaged, as well as an ever smaller number of people and victims of traffic accidents who are left out of the law for compensation.

(Prawie) każda władza jest władzą pańską

Author(s): Andrzej Kojder / Language(s): Polish / Issue: 663/2016

(RE)SHAPING POLITICAL CULTURE AND PARTICIPATION THROUGH SOCIAL NETWORKS

Author(s): Marija Andreeva / Language(s): English / Issue: 2/2019

The influence of social networks is growing intensely. They do not only influence only certain aspects of our lives, but they also influence political participation and political culture. In recent years, this influence has been very notable. We have seen a change of policies as a result of pressure, a lot of significant political movements started via social networks. This paper concentrates on the influence of social networks on political participation and political culture. The paper tries to foresee the future implications and the intertwining of social networks and political culture and political participation. It also gives conclusions for the past, present and future implications and it gives a comparison between political participation before and after the rise of social networks. It also analyses the positive and negative implications that social network could have on political participation.

1927 Nüfus Sayimina Göre Aksaray Vilayetinin Nüfus Özellikleri

Author(s): İbrahim Öztürk / Language(s): Turkish / Issue: 03/2018

In the years of establishment of the republic a population census that allows to evaluate aspects of qualifications and quantity of community living in Anatolia, detailed records and data were not available. Ensuring the foundation of the nation-state for the newly established Republic of Turkey, determining the population in Anatolia through modern methods and population census in order to use the country's economic resources efficiently was very important. Therefore, Statistics Department was established in 1926 to designate qualitative and quantitative characteristics of the population of Turkey and determine the values related to population. The first general population census was carried out on October 28, 1927, after the census law was enacted on 2 June 1926. This census population includes social and economic data such as the marital status of the population, literacy status, disabilities and economic activities and this increases the importance of the 1927 General Population Census. The fact that the first population census realized by the Republican administration was carried out in accordance with the standards of the Western countries, is also important. In this study, the issues of the population of Aksaray province according to the results of 1927 General Population Census were evaluated. In the research, it was aimed to reveal the social, cultural and economic characteristics of the province of Aksaray in 1927, such as the male-female, literate, religious structure, used native language and profession of the population. About the research topic Prime Ministry Statistics General Directorate 1927 Public Census and various analytical texts published on population were examined and the demographic characteristics of Aksaray province were tried to be detailed within the information obtained.

2016 Ve 2017 Yılındaki Düzenlemelere Göre 5746 Sayılı Kanun Kapsamındaki SGK Primi İşveren Payı Desteğinin TMS 20 Uyarınca Muhasebeleştirilmesi

Author(s): Hakan Seldüz,M. Yılmaz İçerli / Language(s): Turkish / Issue: 5/2018

Multifarious incentives are provided for R&D, innovation and design activities with “The Law about Supporting R&D and Design Activities” numbered 5746, in 2008. Some articles of Law number 5746 was changed with Law number 6676 issued in 2016. In 2017, some changes were made over the present regulatory texts of Law number 5746 and some new regulatory texts were issued. Thus, incentives are made more attractive and also their acquisition circumstances and application conditions are made easier. TMS 20 is the accounting standard applied in accounting for, and in the disclosure of government incentives. It is indicated within TMS 20 that receiving manner of the incentive would not affect its accounting method. It is stated that incentives received either in cash or as a reduction of a liability to the government would be accounted for in the same manner. One of the incentives identified in Law number 5746, is SSI premium employer’s share support. Pursuant to regarding law, half of SSI premium employer’s share that is calculated over the wages earned from related efforts of the staff -who are employed in R&D, innovation and design centers and in projects approved by organizations defined in regulations- is being paid from the related fund in Ministry of Finance’s budget, if specified requirements are met. This paper comprises recognition of SSI premium employer’s share support which is defined in Law number 5746. To demonstrate calculation -in accordance with recent regulations- and recognition steps -pursuant to TMS 20- of SSI premium employer’s share supports for staff who have different qualifications, is set as objective of the study. A literature review is made over the legislations whole, which includes laws, by-laws and general communiques, and the related academic studies. SSI premium employer’s share support is explained in details after incentive elements defined within Law number 5746 are briefly summarized. The subject is tried to be concretized by giving epitomes about calculation and book entries of this support and obtained implications are summarized in conclusion section.

25 Years After the Transformation: Law and Legal Culture in Central and Eastern Europe Between Continuity and Discontinuity”, Brno, Republika Czeska, 16-17.04.2015 r.

Author(s): Wojciech Zomerski / Language(s): Polish / Issue: 1/2016

5018 Sayılı Kanun Kapsamında Kamu Kurumlarında İç Kontrol Sistemi: Maliye Bakanlığı Uygulamasının İncelenmesi

Author(s): Yunus Çalışkan,Yavuz Çiftci / Language(s): Turkish / Issue: 3/2017

Aim: With the Law No 5018 (Public Financial Management and Control Law), an internal control system was established to comply with international standards and European Union norms. Within this scope, a number of legal regulations have been made based on the COSO model in order to place internal control in all public institutions and organizations.In this study, the effectiveness of the Ministry of Finance internal control system, which pioneered the implementation of the internal control system in the public sector, was investigated.Method: In the study, the applicability of the system was investigated by examining the units of the Ministry of Finance for internal control,examining the web pages of the İKEP (Internal Control Standards Compliance Action Plan), the Internal Control Circular, the Internal Control Training Book and the central and provincial units. And the problems encountered in ensuring the effectiveness of the system.Findings: The Ministry of Finance has published internal control studies on the web pages of the Ministry's affiliated units where the structures such as the İYK (Monitoring Steering Board), SGB (Strategy Development Directorate) and DIYK (Treasury Monitoring Steering Board) were established in the organization structure for the internal control system.Results: The establishment of the internal control structure and the achievement of its effectiveness have not yet been reached in the Ministry of Finance. It has been concluded that the subject is not fully owned by the staff, the internal control sense is not established and more effective measures should put into practice

A külhoni magyarok nyelvi diszkriminációja az Unióban

Az EU közszolgálati törvényszékének ítélete a román bővítéssel összefüggésben szervezett versenyvizottságról

Author(s): Petra Lea Láncos / Language(s): Hungarian / Issue: 1/2016

The present article gives a critical account of the European General Court's judgment in the B.A. vs. Commission case. B.A., a Hungarian and Romanian dual citizen sought the annulment of the decision of European Personnel Selection Office (EPSO) which denied her the right to sit for the competition in her native language, Hungarian and refused to admit her to the oral test after she failed the test in Romanian. B.A. claimed that she had been afforded unequal treatment, since the fact that she was precluded from writing the test in Hungarian “placed her, on an objective view, at a disadvantage compared with her fellow citizens who had received their school and university education in Romanian.” The case and the arguments put forward by the parties provide a clear insight into the ambiguities surrounding the EU language regime as well as the difficulties faced by minorities whose mother tongue is both an official language of the EU and a minority language with no official recognition in the Member State in which it is spoken.

A New Order of Religious Freedom

Author(s): Richard John Neuhaus / Language(s): English / Issue: 2/2011

A perspective on conservation of underwater cultural heritage with reference to international conventions and administrative laws by the State

Author(s): Harsh Pathak / Language(s): English / Publication Year: 0

That sheer quantity of submerged human history has led monuments and wrecks to be considered in terms of “cultural heritage” rather than mere submerged objects. And it has become a subject of conservation through convention and proper legislation by the state as cultural heritage. It implies something worth preserving and warranted an active state legislative and administrative action for its conservation. This paper is based on importance of underwater cultural heritage (UCH) and UNESCO convention, as guiding principle for the state to frame appropriate legislation, regulations and administrative actions to conserve underwater cultural heritage.

A question on the state supremacy over the law: the context of reforming Ukraine’s criminal legislation

Author(s): YEVHEN SHEVCHENKO / Language(s): English / Issue: 14/2019

This paper represents an observational discussion on the essence of Criminal law, in the context of contemporary views on the body and its inter-relations with the state. By choosing a specific case of a particular country (Ukraine), this paper confirms that the academic debate on such a comprehensive subject can become as diverse as it can possibly be.

A REFLECTION ON THE CITIZENS’ ATTITUDES TO THE POLITICAL SITUATION (AND THEIR CREATIVE RENDITIONS) In Memoriam of Ján Kuciak and Martina Kušnírová

Author(s): Katarína Fichnová,Lukasz Pawel Wojciechowski,Peter Szabo / Language(s): English / Issue: 1/2019

The primary aim of the article is to identify the degree of creativity in the expressive means employed by citizens showing their attitudes to the current political situation. Other aims of the text include the identification of rhetorical, linguistic and stylistic resources and explicit and implicit inspirations related to art present in the recorded messages. The authors address three research questions arising from the above-mentioned aims. The research material consists of photographs of 203 different messages in the form of banners, scale models, models, ready-made, objet trouvé, performances and other textual and/or visual representations displayed during the protest held on 16th March 2018 on the SNP Square in Bratislava, which was held after the brutal murder of Slovak investigative journalist Ján Kuciak and his fiancée Martina Kušnírová. The authors use a modified method of content and image analysis and product creativity evaluation. The data is analysed both qualitatively and quantitatively, i.e. via triangulation approach. In the concluding part of the study, the authors discuss the available options in connection with the use of banners and other messages as a means of self-expression and manifestation of commitment, political activism and civic engagement. The most creative messages have the greatest potential to be multiplied through social networks and thus transmit the intended message in a more efficient way.

A system approach in the political-administrative management

Author(s): Igor Reshevets / Language(s): English / Issue: 1/2015

The article presents the results of the study on a system approach in the political-administrative management in order to improve the efficiency of administrative activity under the social transformation conditions. The system approach value in the process of a modern Ukrainian state development is grounded.

Absolvenții Academiei de Poliție la forma de învățământ cu frecvență redusă și Legea nr. 118/2017

Author(s): Adrian Băncilă / Language(s): Romanian / Issue: 2/2017

Military career requires a beginning and an end. In military, the phrase used in the administrative act, which completes an entire career, is "switching in reserve", and for police officers the expression "ending of service relations" is used. There are no significant differences between the two operations, even the legislator wants to distinguish between the two professional categories, the military and police officers or civil servants with special status, but the way which they are entitled to the pension is laid down in a single normative act , respectively Law no. 223 of July 24, 2015

Acordarea gradului următor personalului aflat în rezervă sau în retragere

Author(s): Ioana Țonea / Language(s): Romanian / Issue: 1/2017

The material covered by this study brings attention to the ways in which military personnel , as well as to police officers who, are rank promoted when fulfilling the conditions for being in reserve, are entitled to a pension under the specific national law. The analysis takes into account the two situations, namely pension and the retired from activity for the top military officers.

Activities of local fiscal bodies and the process for hearing of taxpayers

Author(s): Florin-Ionel Trușcă / Language(s): English / Issue: 7.2/2019

Beyond material needs and without being subordinated to human rights, public policies can be seen as a plan to achieve human rights. On the other hand, the multitude of normative acts, the bureaucracy reflected by the significant increase of the forms through which the information is collected, as well as the main objective of the tax authorities, respectively the collection of the revenues to the budget, makes it increasingly difficult to achieve the objectives of the field human rights. In order to respect the right to be heard and to a fair trial, but also the uniform application in Romania of the requirements of the fiscal legislation, we consider that some of the activities of the local fiscal bodies, such as: control of fiscal receivables, forced execution and settlement of appeals, must be organized by associating communes and/or cities at county level, so that they can cover their expenses.

ACTIVITY OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA (1993–2017). AN ASSESSMENT

Author(s): Krzysztof Żarna / Language(s): English / Issue: 04/2018

Celem artykułu jest przeprowadzenie analizy działalności Międzynarodowego Trybunału Karnego dla Byłej Jugosławii (ICTY). Autor starał się odpowiedzieć na pytania: jakie cele przyświecały utworzeniu Trybunału; z jakimi trudnościami borykali się prokuratorzy; czy w rzeczywistości był on odzwierciedleniem sprawiedliwości międzynarodowej; czy ICTY miał wpływ na stosunki międzynarodowe? Przeanalizowano cztery procesy: Slobodana Miloševicia, Ante Gotoviny, Radislava Krsticia i Ratko Mladicia. Artykuł opiera się na następujących założeniach: po pierwsze, powołanie ICTY w pewnym stopniu przyczyniło się do zakończenia konfliktu w byłej Jugosławii. Po drugie, działalność Trybunału była jednym z czynników determinujących powstanie Międzynarodowego Trybunału Karnego. Po trzecie, samo postawienie przed wymiarem sprawiedliwości osób oskarżanych o najcięższe naruszenia praw człowieka było sukcesem. Po czwarte, wyroki ICTY wpłynęły na eskalację stosunków chorwacko-serbskich z jednej i na przyspieszenie akcesji Republiki Chorwacji do Unii Europejskiej z drugiej strony. W artykule posłużono się szeregiem metod badawczych charakterystycznych dla nauk o polityce: analizą instytucjonalno-prawną, która pozwoliła na przeanalizowanie działalności ICTY. Analiza systemowa znalazła zastosowanie w wyjaśnieniu roli ICTY w systemie międzynarodowego sadownictwa karnego. Dzięki analizie treści przeanalizowano postępowania procesowe przed Trybunałem. Studium przypadku posłużyło do analizy poszczególnych procesów. Metoda analizy decyzyjnej pozwoliła na przeanalizowanie procesów podejmowania decyzji w ramach działalności ICTY.