Transitions Online_Around the Bloc-Lithuanian Scammer Preyed on U.S. Tech Giants
U.S. trying to extradite the man who roped Facebook and Google into a classic phishing expedition.
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U.S. trying to extradite the man who roped Facebook and Google into a classic phishing expedition.
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But ICJ orders Russia to stop discriminating against the Tatars in Crimea.
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Poverty and lack of opportunity continue to drive millions of Central Asians to Russia in search of work.
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The main goal of the present article is to identify and disclose, which methodological and practical problems are and may be encountered during the implementation, within the legal practice, of the processes of free movement of evidence across the European Union. The authors highlight the necessity to reveal which structural, institutional, legal and administrative aspects influence the difficulties of implementation of the principle of mutual recognition during the collection and transfer of evidence from one state to another, when such evidence was obtained through the application of the forensic achievements and special knowledge. The absence of the uniform approach towards the use of forensic science for the collection and transfer of evidence to another state due to different quality and methodological standards applied for the provision of forensic services in the international cooperation in criminal proceedings result in the limited efficiency of the principle of mutual recognition. The article applies the systematic analysis, comparative, documentary, critical, logical induction and deduction, abstraction and other research methods, which ensure the methodological, consistent and well-grounded presentation of the analytical reasons, drawing of the conclusions and formulation of the possible solutions for the removal of problems. The authors distinguish two groups of problems, which help identify the difficulties of assessment of the forensic evidence collected and examined in one Member State by the competent judicial authority of another Member State.In particular, those reasons are of the organizational (institutional) nature and of the criminal procedural legal nature. The reasons of the organizational nature require establishment, across the European Union, of uniform and common quality and methodological standards for forensic science laboratories, expert agencies, etc. The reasons of the criminal procedural legal nature show that in order to avoid any difficulties while assessing in court the forensic evidence collected in another Member State, it is necessary to provide a possibility for the requesting state to specify in the request for the collection of the evidence, what formalities must be followed by the executing state in order to secure the admissibility of such evidence.
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The objective of the present study is to work out the recommendations and suggestions aimed at further development of legal bases of social protection of families and children considering their international standards as a promising direction of legal science and the most important direction of social policy. The authors subsequently consider the forms of strengthening the international standards of rights of families and children; define the directions of improving fulfillment of the international obligations of Kazakhstan in provision of the social rights; reveal the problems of taking by the Republic of Kazakhstan (RK) of legislative, organizational, financial and economic measures in compliance with the constitutional procedures for the purpose of ensuring accepted social rights of family and children. The basic methods are the methods of description and analysis of the situations caused by social and economic peculiarities of Kazakhstan as well as the modern state of its sphere of social protection. As a result of the conducted research considering the provisions and the level of the international norms and standards the authors represent the conclusions and suggestions for improvement of the legal and organizational infrastructure for ensuring social rights of families and children in the RK.
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The parliamentary election of 2011 was the fi rst Polish elections carried out in accordance with theprovisions of the Electoral Code which entered into force on 1 August 2011 and replaced previousnumerous legislative acts governing the electoral law, including the Act on Elections to the Sejm andto the Senate. The examination of electoral complaints, filed in connection with these elections, revealedthe first major problems in the case law of the Supreme Court concerning the interpretationof the provisions of the Code. The author presents these problems taking into account the criticismof the Supreme Court formulated by the National Electoral Commission, the Public Prosecutor General,as well as legal academics interested in electoral studies. The culmination of this presentationis the author’s proposal that the necessary amendments be made to the provisions of the ElectoralCode in relation to the problems that emerged in the current practice of their application. The authoralso provides an assessment of draft legislation, currently being before Parliament, which affect thoseissues, and an assessment of the latest amendments to the Electoral Code introduced by the Act of11 July 2014 insofar as they relate to the issues discussed.
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The organisational and functional structure of EU institutions is based in the fundamental principleof institutional balance. As a result of the reforms made by the Treaty of Lisbon, it shows explicitreferences to the principle of separation of powers (in both subjective and objective aspects) whichhas a prominent place in the national constitutional orders of the Member States. The purpose of thisarticle is to identify those provisions of primary law codifying the powers of the European Council, which — when incorporated into the constitutional orders of the Member States — could be attributedto one of the traditional functions of the legislative power, thus proving the inclusion of the youngest EU institution in the realm of the EU legislative authorities, against the explicit negation of itslawmaking function.
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The topicality of the researched problem is caused by the need for the rule-making and law-enforcement activity of the Russian Federation and its constituent entities in the development of scientifically proven, clear and consistently understandable mechanism of public security regulation as well as the arrangement in Russia of an efficient system of state and private actors maintaining the public security, participation of civil institutions in the public security and order maintenance. The article objective is to develop the doctrinal key positions describing the specific features of constitutionallegal and administrative-legal framework of statutory regulation and public security maintenance in the Russian Federation. The dialectic interconnection between the constitutional-legal and administrative-legal means of public security regulation in the Russian Federation is the leading approach to this problem researching. The comparative-legal method, which allows researching the federal legislation and the legislation of constituent entities of the Russian Federation as well as the foreign experience in the researched sphere, is another method. The article contains the analysis of the provisions of the Constitution of the RF and the Federal Law Concerning Security, the determination of scientifically substantiated limits, structure and content of public security as an object of administrative and legal regulation, taking which into account the specific features of activity of the President of the RF, the Security Council as well as the legislative, executive and judicial authorities as the subjects of public security maintenance are described; the substantiation of specific features of activity of private actors maintaining the public security; the analysis of experience of activity of civil institutions participating in the public security maintenance in the foreign countries, including in the USA and Great Britain. The article materials can be used in the domestic and foreign theory of constitutional and administrative law, in the rule-making activity of the Russian Federation and its constituent entities, in the practical activity of executive authorities, citizens and non-governmental organizations, which participate in the implementation of the state policy for the public security maintenance.
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This paper is an attempt of author of the paper primarily to classify and then to define non-armed external forms of imperilment of the state security capacity and also to underline imperilment for integral security of the state that is coming from a seemingly innocent activity of certain external groups and organizations. The author of the paper argues that non- armed forms of imperilment of the state security capacity are primarily military pressure, threat, offensive propaganda activities and aggressive performance of foreign intelligence services. It is very important to underline also that the external non- armed forms of imperilment are always or almost always a prelude to emergence of armed forms of imperilment of security. Objective – task of the non- armed external forms of imperilment of security is preparation of „the field” for, for example, a military intervention or aggression on some state which is target of the violence. This paper is also a warning to the states as well as to the United Nations that the external non- armed forms of imperilment of security must be treated in accord with the imperilment coming from them. The systems of security of states must build up instruments for early recognition of aggressiveness and covert violence in activity of various external services and organizations. Such external activity must be incriminated by both the State legislation and legal documents of the United Nations.
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The study addresses the task of determining the scope of sovereignty (exclusive competence) of member states in the area of the development of national power policy on the basis of Treaties, mainly the Treaty on European Union. The author makes an attempt to prove that the impact of the EU legislation on the national legal order, pursuant to the EU regulations, is subject to selective exclusion, and the member states are entitled to supremacy relative to the EU power policy in specific areas of the development of the power policy. Therefore, the member states kept their autonomous right to develop the market of energy supplies in a manner that would make it possible to maintain the balance between the supplies and the demand within the limits necessary for keeping the energy security at the national level required for the public order and the national security. The hierarchical relation of the EU interest and the national public interest arising from the supremacy of the EU law and its direct effectiveness does not jeopardize the national objectives defined in this way. The national energy security, understood in this way, opens the space for specific preferences of national suppliers subject to the national legislative regime as well as the national power authorities and power enterprises managing the transfer or distribution infrastructure.
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The article outlines two dimensions of relations between justice and emotions. The first one relates to law application as well as the presence of emotions and the strategies of coping with them by the participants of this process. The second dimension concerns the genesis of emotions on a horizontal level where Justice may be a determinant of assessments formulated by the entities with respect to their mutual replacement relationships. The article focuses on the first dimension and presents the assumptions about emotions that directly or indirectly are accepted by authors who postulate to move away from the perception of emotions as irrational manifestations of human existence. Finally, the Author presents a postulated model of emotion management by judges.
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For a long time the legislative studies have been out of focus in political science. The fall of interest in theory was paralleled with common notion of ’’decline of legislatures’’ inside the political systems. However, during the last few decades, revitalised research of parliaments, especially of their committees, has coincided with new processes of comprehensive parliamentary institutionalisation, primarily through strenghtening of committees in period which in literature is called ’’age of parliaments’’. Therefore, in this paper, the newest Rules of Procedures Act of Serbian National Assembly (july 2010) occupies central place of analysis and in it the status and roll of parliamentary committees. First, theoretical aspect of conceptualizing legislative-executive relationships is mentioned, i.e. the theory of committees as main agents influencing the nature of such relations, then structures, procedures and powers of serbian committees are examined in comparative context, as well as impact of political parties on their membership and functioning. This paper is an attempt of its writer to partly present an institutional arrangement of serbian legislature and to assess reform potentials of committees as parliamentary units.
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In this paper we consider the question of freedom in social context. Therefore, we will not deal here with the philosophical problem of free will, we will rather assume along with Immanuel Kant – and almost all other classical liberal philosophers, that man is basically a free being, so the main preoccupation of this paper will be freedom in society, freedom as a social phenomenon. It will be shown that its valid theoretical definition presuppose that it cannot be thought neither within the paradigm of any sort of collectivity (nation, class, gender, etc.), nor in terms of individual subjectivity (psychological, specific philosophical, theological, or other subjective motives and considerations, foreign to the social aspect of freedom). The main thesis of this paper is that the issue of freedom can be contextualized and positioned only on the individual level, and with the help of theoretical and methodo logical apparatus of natural law theory – that is, from the perspective of a hypothetical state of nature. In this sense, a structural theoretical deficit of all ideologies and political theories that treat the issue of freedom on different grounds will be exposed. We will, also, explain that usual misinterpretations of the social notion of freedom are due to the fact that its semantic sphere is often being filled with the elements not essentially connected with the concept of freedom as sociological one.
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Since 2008. „Law on Asylum“ was enacted in Serbia, a constant raise in number of asylum seekers has been recorded. How many of them are transpassing Serbia and are not enlisted and are not seeking asylum is difficult to estimate. Hardship of life in countries of Asia and Middle East, as well as wars in Northern Africa have influenced the increase of families that are currently seeking for better life in Serbia. In this paper we try to focus attention of professional and science public to a specific problem of asylum seekers that have passed many borders, who have been left at our borders by human smugglers while they have been thinking they have reached EU, often frightened and learned from contact with Police to ask for asylum, families that have separated, not knowing of their destiny. Special problems are minors separated from their parents, not knowing what destiny awaits them. Analyzed informations are collected from the Comessariat for refugees, Center for residential care of minors foreigners without parental guardianship and NGO “Asylum protection center”. Goal of the paper is to answer the question of number of origin of minors asylum seekers, legal and practical side of fulfilling their rights, analysis of services provided as well as of possibilities to enhance them. It is well known that underage young people are exposed to risks of human traffickers, various forms of abuse on that road of hope and uncertainty, and that they need adequate assistance and protection. For such care, beside legislation, a sufficient number of psychosocial care takers is needed as well as material resources and institutional capacities.
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Considering the significance of the urban culture development for the Serbian culture in general, the interest of the state to ensure the ground for the actual development of this important social segment is utterly understandable. The legal aspect of the development of urban culture in Serbia is founded primarily on the influence of the state and its laws realized through the system of established principles what every developed society must to implement by actual public and legal instruments. This influence is achieved through a whole set of legal acts regulating this field and creating the proper legal background for the development of urban culture in Serbia. This is a very dynamic area whose flexibility is based on adjusting the needs of the urban cultural development. The role of cities and towns is equally important as the role of the state, since they have to create the best possible conditions for the high- quality development of its culture through the synergy of its activities; therefore, in the future this role must be on a higher level. In this context, we shouldn’t underestimate the role of entities and persons whose energy and efficiency are fundamental resources for the urban cultural development, and also motivating the state to use its instruments for the further development of the urban culture in Serbia.
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On one territory or in one town can exist only one diocese according to the orthodox ecclesiology. Precisely speaking, it is not good for two orthodox jurisdictions to coincide at the same territory. This fact is not respected in case of the USA, Australia or Western Europe. Therefore, there is more then one diocese in one city, which coincides with each other. If we perceive the position of Serbian Orthodox Church from that point of view, we will very often find on the same territory Serbian Orthodox Church along with other Orthodox jurisdictions of lawfully recognized Orthodox Churches. So, on the same territory we can find Greek, Serbian, Bulgarian, Russian and other Orthodox Churches. On the other side OCA (Orthodox Church in America) has been established in order to gather all Orthodox worshipers in the USA, but so far it has managed to gather only lesser part of Orthodox worshipers. By far most of Orthodox worshipers stayed connected to national churches such as Greek, Serbian, Bulgarian etc. But, on the other hand it is obvious that this Church would like to reintegrate all Orthodox worshipers in the USA. From that point of view, it is clear that interests of Serbian Orthodox Church, as well as other Orthodox Churches, are opposite to politics of OCA (Orthodox Church in America).
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