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In this article author presents some information about SzOK, organized and functioned in Poland. Moreover she makes preview of law documents which regulate the creation of internal system of vocational orientation in polish schools. The paper presents also various duties of vocational counselors who are employed in some educational institutions, as well as their goals, functions and forms of work. History of SzOK in Poland is quite short, so their functions are not known well. Main goal in creation of them is strengthening of vocational guidance in education, in particular in grammars and secondary schools. Basic function of SzOK is complete preparation of pupils to right choice of vocational paths. Work with pupils in SzOK can have different forms. They includes talks, lectures, practical courses, trainings, individual and group counseling and practices.
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Cesare Beccaria initiated a new outlook on penal law, including the death penalty. In his opinion, deprivation of human life by state authorities during the reign of peace should be prohibited because it does not produce any utility. He admitted, however, two exceptions from the above rule. A sentence to death can be justified 1) if an individual, even when deprived of his liberty, still has enough power and connections to endanger the security of the nation, but even in this case it is only necessary when a nation is on the verge of recovering or losing its liberty and 2) in the situation of anarchy. Moreover, the Italian philosopher advocated just punishment, which can be such only if it does not exceed the degree of severity that is sufficient to deter others from committing crimes. It is evident that the Italian lawyer and political writer grounded his whole philosophy of repressive sanctions on the utilitarian conception of penal law, redefining at the same time a justice-based (retributive, compensatory) approach to criminal punishment, retaining within it a limited function of guilt. Beccaria represented a clearly defined standpoint. Considering, however, the conception of utilitarianism itself in terms of its attitude to the death penalty, we come to the conclusion that our approval or disapproval of capital punishment depends on the answer to the question whether an execution of any particular criminal will be useful, indifferent or criminogenic for other individuals.
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The content of the article is concentrated on the issue of the place that national security strategies occupy in the legal system of Poland and Spain. The legislative process in which the strategies are adopted has been presented. Assessment of legal validity of the strategies and of their executive effects has been held. The place of the documents in question in legal systems of both countries has been assessed as well as the issue if they form part of a wider strategy or if they are separate elements of the system. The selection of these countries is justified by similar surface area and population, and consequently their potential within the UE as well as the fact that these are the external countries of the Schengen zone. On the other hand, the two countries differ by their geographical location on two extreme points of the UE.
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The article deals with the problematic issues of the introduction of legal mechanisms in the improvement of communication relations between society and law enforcement agencies. Particular attention is paid to the principles of establishing a communication dialogue. In addition, the work explores innovative approaches to ensuring an effective communication process between the police and the community.
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The rule of law has become a watchword in international politics over the last few decades. It has been transformed from a descriptum into a prescriptum, a criterion for judging legal orders, transferred from the legal to the political sphere. For Hungary, its impact coincided with the dissolution of the Soviet empire and the advance of globalisation in our unipolar world. But it did not become, could not become, an operative term in law, since it is not linked to a definition of facts that would allow it to become legally ascertained and established as a set of facts constituting a legal case. Because, by its very nature, it is not a class concept with sharp boundaries, but a concept of order that can only be clarified by characterization and through examples. It is what literature calls essentially contested, and what institutions and authors are constantly expanding with competing formulations, which has long since led to its internal emptying out. In its origin and development, it has never been anything other than the accumulated experience of civilisational self-growth in the operation of the law by the state, which has evolved in responses to the challenges of various places and times. That is, it is particular, a function of hic et nunc developments. And the way in which our present attempts to universalise this — in which, of course, mutual learning processes between nations and ages are also involved — is a mere artificial projection, which conceals the West’s urge to export the values that guide it. Not a yes or no category, but an ideal towards which we strive. Contradictory, with compromises, because if we attempted to satisfy it in its entirety, the conflicting values within it could extinguish each other; consequently, only a case-by-case weighing up of these values can ensure that a balance, optimally satisfactory there and then, is achieved.
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“Who can be considered the holder of rights” is one of the fundamental questions in the theory and philosophy of law. This issue is gaining increasing importance with the development of technology (artificial intelligence) as well as with new considerations, for example, regarding animals and trees. This topic is especially relevant in the context of the fetus’s right to life, where the question arises about the beginning of life. Although no one denies that fetuses belong to the human species, there is no agreement on the exact point at which they become a person. In almost all modern states, the moment of birth is considered as a key point. If the fetus is recognized as a person with the right to life, the right to abortion cannot be recognized, as in that case abortion would constitute a crime of murder. The goal of this paper is to offer an answer to the question of whether fetuses can be considered holders of rights by critically examining the positions of contemporary theoreticians.
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In the first quarter of 2022, the Republic of Serbia has partially changed its 2006 Constitution. Solely certain parts of the Constitution concerning the election of judges and prosecutors were changed, with the aim of providing greater independence in their work. One of the most important novelties is that all judges should be elected by an independent body – the High Judicial Council (hereinafter: HJC). In the spring of 2023, the laws by which these constitutional provisions are implemented were adopted. The focus of this paper is (in fact) the law related to the HJC, the body which is supposed to be the regulator of the independence of the judiciary. The paper analyses the composition, procedure and conditions needed to select the HJC’s members, and also the duration and termination of their mandate. The general impression is that the law does not follow the basic intention of the Constitution, which is reflected in the fact that the Council should be truly independent. According to the spirit of the Constitution, the High Judicial Council should have a key role in the process of choosing the judges. Thus, its degree of independence in deciding is directly proportional to the future independence of the judges and the judiciary in general. On the contrary, we are inclined to believe that the legislator tried to limit the range of the independence of the HJC in all aspects. Many of the law provisions are ambiguous, difficult to implement and constitutionally questionable. In the article, the author points out most of the key weaknesses of the law and gives the proposals de lege ferenda. Be that as it may, we are afraid that there are few reasons for optimism, because hardly can we expect that such legal solutions will bring true independence to the HJC and, in turn, to Serbian judiciary as a whole. The author sincerely hopes that the reality will show the other side of the coin or that Serbia will bring a better law in this area as soon as possible.
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In this paper, the author deals with the basic problems related to the definition, legal nature, structure and functioning of the international legal order with an emphasis on the current situation in the first decades of the 21st century. On the other hand, the ubiquitous coupling between internal (state) law and international law is analyzed as a normative part of the international legal order. Although the time frame of this work is set in the first decades of the 21st century, it was necessary to take into account both the era of classical and the era of modern international law. Namely, since the period of classical international law, and until today, there are academic debates about the character, origin, quality, shortcomings and limitations, and even the existence or non-existence of the international legal order. In this context, legal theory all the time, on the one hand, oscillates between ideal points of view, which are too similar to utopian constructions and realists of international life, on the other hand, establishing points of view according to which international law almost does not exist. The overriding goal of this paper is to determine and highlight certain features that are of great importance for the current situation within the international legal order. In the first place, it is about determining the basic elements of the international legal order, its position and relationship to the national legal order, as well as the perspective of further development, and the possibilities for overcoming the global crisis in the contemporary challenges that are present.
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The international rule of law is a principle according to which everyone - individuals, institutions, even states, and international organizations - must respect and obey to the law and laws of the international legal order must respect and obey law, rules, and regulations of the international legal order. The international rule of law is a (legal and) political ideal around which there was a consensus of all - both states and individuals and political and the legal profession and science. In the modern world and with the ubiquitous globalization, the (already) traditional mechanisms of legal protection lose their importance and should be addressed. The (international) rule of law faces many challenges, primarily those related to preserving the existing international legal order based on the principles established by the Charter of the United Nations Organization, and adaptation to the new social changes that have occurred in the last few years. More than ever before, international law and the international legal order are conditioned by developments in international political (and economic) relations. The aim of this paper is to present a fundamental definition of the (international) rule of law and the possibility of applying this concept at the international level, as a means of ensuring peace in international relations.
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On September 28, 2022, the European Commission published a Proposal for a Directive of the European Parliament and the Council on liability for defective products and repealing Directive 85/374/EEC (Proposal). This Proposal is an attempt to respond to the challenges of the digital age through the revision of the current Directive on Liability for Defective Products (Directive), adopted back in 1985. The proposal brings a number of novelties, from expanding the concept of product and the circle of responsible entities, easing the consumer’s burden of proof, up to promoting the circular economy, i.e. extending the life of certain products and regulating the right to compensation for damage caused by products manufactured outside the European Union. In the first part of the paper, the author critically analyzes the proposed new solutions by comparing the regulations contained in the Directive and the Proposal. The second part of the paper contains a review of the existing legislation of Bosnia and Herzegovina from the point of view of its necessary revision, taking into account the need for some of the solutions of the Proposal in the existing text (September 2023) to be amended and supplemented. In this context, the fact that the legislation of Bosnia and Herzegovina has never been harmonized with the solutions of the Directive is given an almost positive sign, in the sense that in the upcoming period, the domestic legislator would harmonize the existing domestic solutions with the solutions that may arise as a result of the revision of the Directive.
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The Constitutional Court of B&H in the process of constitutional review of laws adopted by the National Assembly of the Republic of Srpska, in the last ten years, has determined that the Republic of Srpska has no jurisdiction to regulate “state property”, and that it is the exclusive jurisdiction of Bosnia and Herzegovina’s institutions. Since there are no constitutional rules on „state property“ in the Constitution of B&H nor rules that establish jurisdiction of B&H institutions in regulating ownership, this issue raises many questions. In this paper, the author considers the problem primarily in terms of regulations governing property relations, ie from civil law.
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The author is of the opinion that the analysis of national regulations is important for criminal law protection, for raising social awareness of the importance of preserving the welfare of animals and the drastic consequences that their injury and endangerment produce in relation to the entire social community, thereby promoting the education and awareness of relevant actors on the necessity, justification, importance in the development of criminal law protection of animals and their well-being.
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This year marks the hundredth anniversary of the birth of Professor Ante Romac, a great scholar of Roman Law, legal historian and educator. Professor Romac enriched Romanistics with major works which stand to this day as indispensable literature in the study and teaching of law. He was esteemed as a many-sided intellectual educated in the humanities, manifested through his academic and creative work: a versatile knowledge of legal history, and also that of almost all current legal systems; an excellent authority on the sources of Roman law, with a striking aptitude for translating ancient legal sources; a writer on various select topics of Roman law and legal history; a broad knowledge of non-legal classical and also of mediaeval literature and an outstanding Latinist. In some of his works, he had no predecessor. Professor Romac was a well-known enthusiast in his pursuit of science, and had been a relentless collector of Latin legal phrases – for decades before he selected and published them in some of his books. As an educator, professor Romac sought to reconcile the gap between secondary education, which was providing only a modest proficiency in Latin, and the requirements imposed by the subject content of Roman law in graduate legal education. Students, his collaborators and colleagues remember professor Romac for his composure, systematic nature, a high degree of sophistication, without flashy gimmicks, and, as an examiner, they remember him for maintaining objective criteria and a level-headed approach.
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In the paper, the author deals with the institute of adverse possession as a specific way of acquiring ownership based on possession of things. In contrast to the classical Roman and modern understanding, which require good faith (bona fides) and title (titulus) of the owner, medieval solutions do not set these conditions and require only the non-recognition of someone else’s right over real estate, similar to post-classical law, but only the passage of time, which approaches the limitation of ownership rights or loss of prescription (praescriptio), and not acquisition of ownership by adverse possession. The regulations on this include the Statute of Senj (1388), the Statute of Rab, the Statute of Cres-Osor (1440) and the Statute of Mošćenice (1637), on the territory of Istria the Statute of Trieste (1305), the Statute of Milja (1333), the Statute of Poreč (1363) and in Dalmatia, for example, the Statute of Brač (1305). Regulations are changed by the penetration of post-glossary ideas, for example in the Statute of Trieste (1350), the Statute of Dvigrad (XIV century), the Statute of Pula (1431) and the Statute of Krk (in Latin, XVI century).
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Systematizing the legal rules of Roman law, the author emphasizes that the study and research of the rules of Roman law is not only a starting point for the further development of private law, but also an opportunity to talk about Roman law and to determine its role and place in that process, as well as to answers are given to many questions, starting with the meaning of Roman law in modern legal terminology and ending with the applicability of the institutes of Roman law in the conditions of the modern market economy (the role of Roman institutes of real law, as well as the influence of Roman law of obligations and especially Roman contracts on contracts of modern law). The author emphasizes that only in this way, through the research of the legal rules of Roman law, can one arrive at numerous answers to questions such as those related to the initial foundations in the process of codification of modern law, that is, on whose legal foundations the codifications were made. In this way, in the author’s opinion, we arrive at the essential answer of how much and what is the contribution of Roman law in the creation of modern, first of all, private law, and then we reach an agreement on the question of the justification of Roman law in further legal education at universities.
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The paper is a tribute to Professor Romac and the title refers to his article „Characters of Roman Lawyers in Tacitus’s Works” published in 1977 in the “Yearbook” of the Faculty of Law in Banja Luka. It is one of a series of articles in which Professor Romac uses primarily non-legal sources, especially the works of famous Roman writers, satirists and historiographers (Juvenal, Ovid, Tacitus and others), in order to show us in a vivid and layered way the Roman society in the period of the Principate, with all its turbulent political, social and other problems. Roman jurists found their place in that broad picture of personalities and events. Among them, Atheus Capito, Antistius Labeo, Nerva Pater, Pegasus, but also Gaius Cassius Longinus received a particularly true psychological portrait. Professor Romac uses data from the work of Tacitus, combining it with other sources. In the case of the lawyer Gaius Cassius Longinus, Tacitus provided, “not only a subtle psychological characterization, but also left so much information, that they could serve well as material for a romantic biography or even for a tense action or psychological film” says professor Romac. The last part of the article is about the so-called societas leonina, and its connection with Gaius Cassius Longinus.
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The Roman law was adopted in Mediaeval Serbia in an indirect way, i. e. Through translation of Byzantine laws and legal miscellanies. Original Latin texts of Roman iurisconsults are not used in the process of reception but instead only the Greek translations served the purpose. Therefore Serbian translations include certain departures from the original which sometimes even change the meaning of the original Roman text. That phenomenon was a result of particularities of Greek and Roman legal terminology as well as of specific elements of Greek and Latin languages. Serbian translators have used and followed the Greek translations and not the Latin originals. Consequently, according to the author of the present contribution, the best method for studying the reception of Roman law in Mediaeval Serbia is to consider specific legal institutes and their transformation, beginning with Roman and continuing, through Byzantin (Graeco-Roman) to Serbian Mediaeval Law. The author gave three examples: 1) Ulpian’s thought that law (ius) was derived from justice (iustitia) since law is the art of good and equality (D. I, 1, 1); 2) Gaius’ distinction in the law of persons that all men are either free of slaves (Gaius, Inst. I, 9; Iust. Inst. I, 3; D. I, 5, 3); 3) Lex Falcidia, promulgated in 40 BC, providing for a maximum of three quarters of a person’s estate to be bestowed as a legacy, entitling an heir to a least a quarter of the inheritance (Gaius, Inst. II, 227).
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the participation of several persons in the execution of a criminal offense is one of characteristics of emerging forms of modern criminality. All forms of participation are not the same and this is the main reason why different forms of criminal groups and organizations have been distinguished in modern criminal law. At the same time, the most attention is paid to the most significant forms of organizing several persons for the purpose of committing a criminal offense: juvenile groups - gangs, organized crime and terrorism. In the first part of the article, attention is paid to the basic characteristics of the mentioned forms of criminal organization, while in the second part are discussed their similarities and differences.
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In this paper, although its title implies that we will deal exclusively with local jurisdiction, we will have to focus our attention on several other issues. The first reason for this is that there are many specifics in this situation that we need to address in order to better understand the circumstances that preceded the conflict in Ukraine. Attention should also be focused on the centuries-old relationship between the two Slavic states, the circumstances in which the International Criminal Court was founded, as well as earlier temporary and internationalized courts, then the accession of the Russian Federation to the Rome Statute, but not its ratification, and the withdrawal of the signature and the consequences that this entails. since Russia is a permanent member of the Security Council. Furthermore, the focus is on defining the elements of the criminal act of aggression within the framework of the Rome Statute and the legislation of Ukraine, as well as giving a special statement by Ukraine from November 2013, whereby it accepted the jurisdiction of the International Criminal Court on its territory for all cases arising from the situation and renewed in 2014 for an indefinite period. It is important to mention the events in the Belgorod region and the issue of immunity in accordance with Article 98of the Rome Statute and the warrant issued for the arrest of the President of the Russian Federation.
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