BALTIC JOURNAL OF LAW/ BALTIJAS JURIDISKAIS ŽURNĀLS /БАЛТИЙСКИЙ ЮРИДИЧЕСКИЙ ЖУРНАЛ
BALTIC JOURNAL OF LAW
Publishing House: Baltijas Starptautiskā akadēmija
Subject(s): Law, Constitution, Jurisprudence
Frequency: 4 issues
Print ISSN: 1691-0702
Status: Ceased Publication
- 2015
- 2016
- 2017
- 2018
- 2019
- Issue No. 1/36
- Issue No. 2/37
- Issue No. 3/38
- Issue No. 4/39
- Issue No. 1/40
- Issue No. 2+3/41
- Issue No. 4/43
- Issue No. 1/44
- Issue No. 2/45
- Issue No. 3/46
- Issue No. 4/47
- Issue No. 1/48
- Issue No. 2/49
- Issue No. 3/50
- Issue No. 4/51
- Issue No. 1/52
- Issue No. 2/53
- Issue No. 3+4/54
Articles list
Аборигенное право: предпосылки и особенности формирования в России
Аборигенное право: предпосылки и особенности формирования в России
(Native law: prerequisites and features of formation in Russia)
- Publication: (3+4/54/2019)
- Author(s): Natalia Vasilievna Philippova
- Contributor(s):
- Language: Russian
- Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
- Issue: 3+4/54/2019
- Page Range: 4-11
- No. of Pages: 8
- Keywords: indigenous peoples;indigenous native minorities;native law;native legislation;national law system; subsector оf law; systematization; consolidation; codification of the legislation;
- Summary/Abstract: The author researches into the process of consolidation of a special segment within the system of law and the legislation of Russia – the native law and legislation; characteristic of its contents and structure as independent element of a national law system is offered, the prospects of codification of the indigenous ethnic groups legislation in Subjects of the Russian Federation are evaluated. Decentralization of powers in the sphere of ensuring the rights of indigenous ethnic groups is considered as an independent factor of consolidation of the native law in the Russian federal state. Axiological bases of the native law in Russia are designated, its national peculiarities are revealed: the formation of native law in the context of the federal relations; preservation of a distance between the national and international native law; contradictory legislative definition of communities as subjects of the native law and contradictory criteria of personal belonging to such communities. The author insists that development of legal systems in the modern states incorporating indigenous people includes two processes: globalization of the native right (or rapprochement of norms of the international and national native law) and fragmentary constitutionalization of usual (traditional) law and order.
Неденежная неустойка (в других ценностях) как способ обеспечения обязательств и как мера гражданско-правовой ответственности
Неденежная неустойка (в других ценностях) как способ обеспечения обязательств и как мера гражданско-правовой ответственности
(Non-monetary forfeit penalty (penalty in other values) as a method of securing obligations and as a measure of civil liability)
- Publication: (3+4/54/2019)
- Author(s): Aleksandrs Baikovs
- Contributor(s):
- Language: Russian
- Subject(s): Law, Constitution, Jurisprudence, Civil Law
- Issue: 3+4/54/2019
- Page Range: 12-22
- No. of Pages: 11
- Keywords: forfeit penalty in other values (non-monetary forfeit penalty);method of securing an obligation;civil liability; non-monetary forfeit penalty object; compensation; pledge;
- Summary/Abstract: Based on the analysis of international legal acts, normative legal acts of Latvia and of a number of foreign states, the author reveals the legal nature of the forfeit penalty expressed in other values (in a non-monetary form), and analyzes the experience of the regulatory system. Based on the views of supporters and opponents of the implementation of a non-monetary form of forfeit penalty in the national legislation, the author formulated conclusions, suggestions and recommendations for further improvement of the legislation of Latvia. As it is proved in the article (1) a non-monetary forfeit penalty is an independent way of securing obligations and at the same time one of the measures of civil liability and as such should be reflected in the legislation; (2) the subject of a non-monetary forfeit penalty agreement may be individually-defined things, things defined by generic characteristics and things individualized from among the generic; both movable and immovable; (3) an alternative non-monetary forfeit penalty is assumed to be the most effective and practically feasible; 4) identification of a non-monetary forfeit penalty with a compensation and pledge is unacceptable.
Fizisko personu datu apstrāde kreditēšanas jomā: regulējuma problēmjautājumi
Fizisko personu datu apstrāde kreditēšanas jomā: regulējuma problēmjautājumi
(Personal data processing in the field of lending: problematic issues of regulation)
- Publication: (3+4/54/2019)
- Author(s): Anna Berezovska
- Contributor(s):
- Language: Latvian
- Subject(s): Law, Constitution, Jurisprudence, Civil Law
- Issue: 3+4/54/2019
- Page Range: 23-32
- No. of Pages: 10
- Keywords: personal data;lending;General Data Protection Regulation;
- Summary/Abstract: Protection of personal data is enshrined in both the Constitution of the Republic of Latvia and international acts. Article 96 of the Constitution of the Republic of Latvia, which states that everyone has the right to personal privacy, correspondence secrecy, and inviolability of the dwelling. The right for the protection of personal data is contained in Article 8 of the Charter of Fundamental Rights of the European Union. Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms specifies the legitimate objectives, which justify interference with the right to privacy of a person. Consequently, persons must understand that their personal data will be collected, processed and stored. Those who store the data must have a legitimate purpose and justification for the amount of data requested. The article looks into some specifics of personal data processing in the field of lending.
Juridiskā atbalsta uzlabošana regresa prasībās ar obligātu autotransporta līdzekļu īpašnieku civiltiesiskās atbildības apdrošināšanu
Juridiskā atbalsta uzlabošana regresa prasībās ar obligātu autotransporta līdzekļu īpašnieku civiltiesiskās atbildības apdrošināšanu
(Legislative improvements to support regress suits linked to compulsory civil liability insurance for a motor vehicle)
- Publication: (3+4/54/2019)
- Author(s): Laura Gaga
- Contributor(s):
- Language: Latvian
- Subject(s): Law, Constitution, Jurisprudence, Civil Law
- Issue: 3+4/54/2019
- Page Range: 33-44
- No. of Pages: 12
- Keywords: rights;insurance;compulsory civil liability;motor vehicle owner;subrogation;
- Summary/Abstract: In this article the author has drawn attention to determination of the legal framework for disputes, arising from the rights of the insurer laid down in the Compulsory Civil Liability Insurance of Owners of Motor Vehicles Law (hereinafter – MTPL Law) to raise subrogation actions against a person, who has caused the loss. The article describes the common and different features of the terms “recourse” and “subrogation”. Several amendments to the MTPL will come into force on 1 May 2019. Amendments to the Law will specify not only certain differences currently existing in practice, for example, in relation to the law coming into force, early termination thereof and determination of certain indemnifications of losses and procedure for calculation thereof, but also will specify the cases and the range of persons, against whom the insurer has the right to direct the subrogation action. The article gives recommendations on how to improve legal certainty in mutual relations between the insured person and the insurer regarding subrogation disputes, arising from the MTPL contract.
Fiziskās personas maksātnespējas pazīmes un procesa ierosināšanas prasību īpatnības
Fiziskās personas maksātnespējas pazīmes un procesa ierosināšanas prasību īpatnības
(Features of insolvency of a natural person and the peculiarities of initiating proceedings)
- Publication: (3+4/54/2019)
- Author(s): Svetlana Elksnina
- Contributor(s):
- Language: Latvian
- Subject(s): Law, Constitution, Jurisprudence, Civil Law
- Issue: 3+4/54/2019
- Page Range: 45-52
- No. of Pages: 8
- Keywords: insolvency; insolvency proceedings of a natural person;non-integrity;avoidance of obligations;application for Insolvency proceedings;debtor;financial difficulties;
- Summary/Abstract: The topic of the article is “Features of insolvency of a natural person and the peculiarities of initiating proceedings”. The purpose of the research is to explore the features of insolvency proceedings of a natural person and the requirements for initiating the proceedings; also the paper brings about a topical issue and proposes a solution to this issue. In the article the author focuses mainly on the non-integrity of a natural person in the insolvency proceedings. As the basis of the research the current legal provisions reviewed in the historical development are used; literature sources and publications devoted to the analysis of the legal issue of insolvency proceedings, comments on regulatory enactments, case-law and case-law materials. Conclusions are drawn and proposals put forward in the article. The main result of the resesrch is the recognition that the legal framework of the Republic of Latvia governs the notion of non-integrity in the Insolvency proceedings of a natural person in general and indefinite terms.
Tiesības uz morālā kaitējuma atlīdzību fiziskām personām par veselības kaitējuma nodarīšanu vai dzīvības atņemšanu
Tiesības uz morālā kaitējuma atlīdzību fiziskām personām par veselības kaitējuma nodarīšanu vai dzīvības atņemšanu
(The right to compensation for non-pecuniary damage to natural persons for bodily injury or deprivation of life)
- Publication: (3+4/54/2019)
- Author(s): Kristina Krjukova
- Contributor(s):
- Language: Latvian
- Subject(s): Law, Constitution, Jurisprudence, Civil Law
- Issue: 3+4/54/2019
- Page Range: 53-58
- No. of Pages: 6
- Keywords: compensation;natural person;non-economic damages;
- Summary/Abstract: This article examines specifics of compensation for the non-economic damages to natural persons in law of delict. The article examined cases in which compensation for moral harm is provided forcibly in cases of violent death. For compensation of moral harm can apply: 1.relative of the first degree (spouse, mother, father) 2. other relatives (sister, brothers) 3 The person with whom the deceased lived actual marital relations 4 Persons with whom the deceased was made a contract of maintenance 5 Other strangers who can prove that they are on the content of the deceased, or of the deceased on their content. The aim of the work is to find out the rights of an individual to compensation for moral harm and compensation in cases of the death of a close person or for causing grievous bodily harm. The aim of the work is to examine, how compensation for the non-economic damages are regulated in Latvia.
Rīcībspējas ierobežojuma un rīcībspējas ierobežojuma apjoma pārskatīšanas jaunā regulējuma trūkumi
Rīcībspējas ierobežojuma un rīcībspējas ierobežojuma apjoma pārskatīšanas jaunā regulējuma trūkumi
(Shortcomings of the new regulation on restriction of legal capacity and reviewing of the scope of the legal capacity)
- Publication: (3+4/54/2019)
- Author(s): Marite Matisa
- Contributor(s):
- Language: Latvian
- Subject(s): Law, Constitution, Jurisprudence, Civil Law
- Issue: 3+4/54/2019
- Page Range: 59-70
- No. of Pages: 12
- Keywords: capacity;trusteeship;Convention on the Rights of Persons with Disabilities;The Civil Law;Civil Procedure Law;Law On Orphan's Courts;
- Summary/Abstract: The relevance of the topic of the research in civil law is linked to the fact that the new capacity limitation framework introduced on January 1, 2013 does not meet all internationally established criteria. The purpose of the study is to look into the problematic issues of regulation of legal capacity and reviewing the scope of legal capacity limitations in Latvia based on the norms of laws, expert opinions and judicial practice. The author has studies the issues related to the legal regulation of restrictions on legal capacity and trusteeship in Latvia. The article presents the author’s opinion regarding the problems arising from the limitation of legal capacity, and suggests possible solutions. In carrying out the research the author used a monographic, teleological, systemic and logical research method, comparison, analysis and synthesis.The researcher uses trusteeship and capacity limitation in Latvia regulatory enactments, research articles of this area, expert opinions, case law, publications, Internet resources, statistical data, as well as the author’s personal work experience.
Unstable nature of obligation law in certain situations of contractual succession
Unstable nature of obligation law in certain situations of contractual succession
(Unstable nature of obligation law in certain situations of contractual succession)
- Publication: (3+4/54/2019)
- Author(s): Edvard Pilipson
- Contributor(s):
- Language: English
- Subject(s): Law, Constitution, Jurisprudence, Civil Law
- Issue: 3+4/54/2019
- Page Range: 71-80
- No. of Pages: 10
- Keywords: contractual succession;obligation law;uncertain nature;situations mortis causa;succession law;
- Summary/Abstract: The uncertain nature of the obligation law generates justifiable doubts as to the legal nature of contracts and agreements, mediating contractual succession. Due to the functional nature of the contractual succession its institutions must appears as a unity of objective regulations and normatives aimed for hereditary obligations law creation and enforcement. At the moment substantive unity is absent – obligation law, originated by discrete agreements, contracts and compound situations, appears as a dichotomy in contractual succession, causing variety of competitions and conflicts. Accordingly, the aim of this publication is to analyze this phenomenon, and making proposals for the development of legal instruments, meant to provide an analogizing impact on the forms and insturments of rights and obligations of inheritance law to ensure certainty of the factors of law of obligations in contractual inheritance.
Pēdējās gribas izteikšana testamentā pie zvērināta notāra vai bāriņtiesā
Pēdējās gribas izteikšana testamentā pie zvērināta notāra vai bāriņtiesā
(Expression of the last will in the testament at a sworn notary or in an orphan's court)
- Publication: (3+4/54/2019)
- Author(s): Sarma Trumpekoja
- Contributor(s):
- Language: Latvian
- Subject(s): Law, Constitution, Jurisprudence, Civil Law
- Issue: 3+4/54/2019
- Page Range: 81-89
- No. of Pages: 9
- Keywords: testament;testator;legislation;
- Summary/Abstract: The aim of the paper is to explore the possibilities for expressing the last wills of individuals, to examine the legal framework of the testament by analysing and evaluating whether modernisation is required. The focus of the topic is on fulfilling a person's last will.The relevance of the topic is related to the person’s concerns to take timely care to transfer a specific property or possessions to other persons in the event of the testator’s death, which is evidenced by the statistics of the Latvian Council of Sworn Notaries. The research was carried out based on thew analysis of the laws of the Republic of Latvia, Cabinet of Ministers regulations, legal and special literature, publicistic writings, statistical data and Internet resources. Based on the research, conclusions were made leading to suggestions for improvemnts to the regulations.
Проблемы унификации в международном частном праве
Проблемы унификации в международном частном праве
(Problems of unification in international private law)
- Publication: (3+4/54/2019)
- Author(s): Marina Spiridonova
- Contributor(s):
- Language: Russian
- Subject(s): Law, Constitution, Jurisprudence, International Law
- Issue: 3+4/54/2019
- Page Range: 90-96
- No. of Pages: 7
- Keywords: international private law;unification of law;conflict of laws;international law;EU law;international treaty/ agreement;
- Summary/Abstract: Article considers problems of unification and harmonization of private international law taking into account recent changes in legislation in the European Union and beyond. Definition of the concept of law unification is considered, various methods of unification and their drawbacks are analyzed. As unification of law takes place simultaneously at two different levels - on international and national levels, the application of conflict-of-law method of regulation in private international law t is determined by differences in the national regulation of private law relations in different countries. The article also focuses on forms and types of international unification of law and their negative aspects. The author draws the conclusion that the specifics of private international law create certain problems of harmonization and unification of law.
Pagaidu aizsardzība pret vardarbību
Pagaidu aizsardzība pret vardarbību
(Temporary protection againsts violence)
- Publication: (3+4/54/2019)
- Author(s): Valdis Freimamis
- Contributor(s):
- Language: Latvian
- Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Studies in violence and power, Victimology
- Issue: 3+4/54/2019
- Page Range: 97-106
- No. of Pages: 10
- Keywords: violence;family;protection;police;victim;
- Summary/Abstract: Violence is a general violation of human rights - the right to life, security, dignity and physical and mental integrity. Violence manifests itself in various forms, and many people suffer from it not only in public places, but also in their families. In 1996, the 49th World Health Assembly adopted a resolution recognizing that violence is an important and growing public health problem worldwide. In the context of violence, including domestic violence, one of the most important legislative acts is the Istanbul Convention, the first European law to create a comprehensive legal framework to protect individuals, especially women and girls, from all forms of violence, including domestic violence.
Understanding disability and protection of enrollees’ health data during the enrolment process
Understanding disability and protection of enrollees’ health data during the enrolment process
(Understanding disability and protection of enrollees’ health data during the enrolment process)
- Publication: (3+4/54/2019)
- Author(s): Eva Kaulina
- Contributor(s):
- Language: English
- Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
- Issue: 3+4/54/2019
- Page Range: 107-116
- No. of Pages: 10
- Keywords: data protection;higher education institution (HEI);General Data Protection Regulation (GDPR);persons with disabilities;право на образование;enrolment process;
- Summary/Abstract: The Regulation 2016/679, also known as the General Data Protection Regulation is in force since May 25, 2018.Since the date, lots of changes in data protection occurred. In the article the author researches what should be taken into account by higher education institutions in case of health data processing during an enrolment process and what responsibilities are cast on HEI.
Ieteikumi sugu un biotopu aizsardzības tiesiskā regulējuma pilnvedošanā: eksperta atzinuma noformēšanas kārtība
Ieteikumi sugu un biotopu aizsardzības tiesiskā regulējuma pilnvedošanā: eksperta atzinuma noformēšanas kārtība
(Recommendations for improving the legal framework for the protection of species and habitats: procedures for drawing up an expert opinion)
- Publication: (3+4/54/2019)
- Author(s): Andris Ziemelis
- Contributor(s):
- Language: Latvian
- Subject(s): Law, Constitution, Jurisprudence, Agriculture, Human Ecology
- Issue: 3+4/54/2019
- Page Range: 117-130
- No. of Pages: 14
- Keywords: ecological rights;micro-reserves;nature conservation plans;biologically valuable grasslands;State Forest Service;Natural Conservation Agency;Ministry of Agriculture;
- Summary/Abstract: In order for an institution to issue an administrative act on the formation of a micro-reserve or on recognition of a biologically valuable grasslands or to develop a nature conservation plan, the administrative authority must obtain the opinion of an expert certified in the field of protection of species and habitats. Seemingly, such a framework eliminates trends in usurpation and avoids taking a decision that could cause damage to the environment, but the analysis of the actual and legal circumstances may lead to a completely different conclusion.The work analyses the competence and quality issues of the relevant authorities, which the legislator has not anticipated or excluded. Article 61 of the Law on the Protection of Species and Habitats is examined within legal and democratic national frameworks and a proposal to improve the legal framework are presented.
Конфликты в информационно-аналитическом обеспечении оперативно-розыскной деятельности
Конфликты в информационно-аналитическом обеспечении оперативно-розыскной деятельности
(Conflicts in information and analytical support of operational and search activities)
- Publication: (3+4/54/2019)
- Author(s): Anatolii Movchan
- Contributor(s):
- Language: Russian
- Subject(s): Law, Constitution, Jurisprudence
- Issue: 3+4/54/2019
- Page Range: 131-138
- No. of Pages: 8
- Keywords: conflict;information and analytical work;information conflict;conflict situation;information offense;information and legal conflictology
- Summary/Abstract: Paper considers the concept and essence of conflicts in information and analytical support of operational and search activities. It is emphasized that the sources of conflicts in information and analytical work should be searched in social conflicts. The classification of informational conflicts according to legal norms, territorial basis, as well as to the subjects of the conflict is offered. The essence of an information conflict lies in the fact that it is the most impactful way to resolve contradictions in the interests, goals, views arisen in the information sphere and in the process of social communication. It is substantiated that in the field of information and analytical support of operational and search activity three main types of conflicts are distinguished: information regulatory legal conflicts; organizational and managerial contradictions; conflicts at the organizational and tactical level of obtaining and use of operational and analytical information.
Short Description
BALTIC JOURNAL OF LAW ● BALTIJAS JURIDISKAIS ŽURNĀLS ● БАЛТИЙСКИЙ ЮРИДИЧЕСКИЙ ЖУРНАЛ
Baltic Journal of Law was founded in 2002 as international research and practice law journal to be published quarterly. BJL is the official periodical of the Baltic International Academy of Riga, Republic of Latvia.
The Baltic Journal of Law publishes topical applied research, scientific and analytical articles written by academics, lecturers, research fellows and students of law, postgraduate students, and doctoral candidates, as well as by legal practitioners and professionals such as lawyers, notaries, law enforcement officers, and court officials. Also, proceedings of international research and practice conferences held by the Baltic International Academy and by the Baltic Journal of Law; reviews of scientific publications appear in the BJL.
The languages of publications are: Latvian, Russian or English with all the abstracts/summaries available in English. Complete versions of the articles and other materials are available in open access on the official website of the Journal: www.balticlawjournal.lv
Submission guidelines
The ethics of scientific publications.
The Editor in Chief and the members of the Editorial Board pursue a balanced, objective, and communicative editorial policy, in accordance with international and national requirements.
The editorial policy of the BJL comply with the publication standards of COPE Code of Conduct, approved by the International Committee of Publication Ethics, and in accordance with the provisions adopted in 2010 at the II World Conference on research integrity compliance held in Singapore in 2010.
All articles are reviewed by the Editorial Board. Depending on the content of an article, its topical and polemic nature, four levels of reviewing may be applied: main editor, open peer-review, single blind PR, double blind PR.
Authors can submit their articles for consideration by the Editorial board via blj.bsa.edu@gmail.com
