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Plus, Georgia and her allies decry Russia-Abkhazia pact; Estonia opens its e-government platform to the world.
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The text shows the legal problems that may occur from poor editing. The emphasis is on the editor's responsibility to prevent the publication from being convicted of defamation. It indicates the cases where the Bulgarian legislation criminalizes the encroachments on the honor, dignity and reputation of the citizens, above all through the legal interpretation of the terms 'insult' and 'defamation'. Examples are given by European legal practice and by the Bulgarian editors. This shows that there are legal limits to the freedom of speech.
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The purpose of the study is to assess the effectiveness of the establishment of specialized units in the system of prosecutors, which exclusively oversee the implementation of anti-corruption laws. Methods of research are represented by a wide range of scientific methods. The methodology is based on the dialectical method, which allows to evaluate the phenomena considered in the static and dynamic aspects. Analytical, system-structural, instrumental methods of cognition were used during the research. A comparative legal method was used to study the legislation of the post-Soviet states. The results of the study include an analysis of the current legislation, regulating the powers of the prosecutor in the process of combating corruption. Based on the experience of a number of foreign countries, the effectiveness of the activities of specialized anti-corruption prosecutors is assessed. Conclusions on the results of the study are formulated in several ways. First, the author’s assessment of the powers of the prosecutor, implemented in the fight against corruption, was given. Secondly, the experience of foreign countries, which have established specialized anti-corruption units in the system of prosecution authorities, is analyzed, and the prospect of its use in Russian legislation is justified. Thirdly, a forecast is given regarding the strengthening of the role of prosecutors in countering corruption.
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The article discusses the participation of students in an initiative for studying the activities of the judiciary as part of civic education. The course of the initiative has been described, and the benefits of such a type of training are outlined.
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In any generation there are only ever a few people who can be said to have made a significant contribution to the diverse fields of academia, legal private practice, public policy, and law making. Professor Norman Palmer Q.C. (Honoris) was one such person. Norman’s career in the law was extremely varied but he was well known, in different circles, for significant contributions to all these areas.
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The European Year of Cultural Heritage (EYCH 2018), established by the Decision 2017/864 of the European Parliament and of the Council of 17 May 2017, was officially launched at the EU Culture Forum held on 7-8 December 2017 in Milan (Italy). This initiative of the European Union (EU) aims “to encourage people to explore Europe’s rich and diverse cultural heritage, celebrate, understand and protect its unique value and reflect on the place that cultural heritage occupies in all our lives”.
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This article presents and analyses legal acts that influenced the situation of Jews in Galicia and shaped the local co-existence of Jewish communities and municipalities. It concentrates on subsidies provided to Jewish charities and welfare institutions by municipal funds. The subsidizing policy of Krakow is compared with that of Lwów.
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Formally, the records of the land courts (sądy ziemskie), castle courts (sądy grodzkie) and chamberlain courts (sądy podkomorskie) were in the custody of the chancellery and court officials. However, it often happened that it was beyond their capabilities to ensure safety and proper storage conditions for court registers and records, and that is why it was necessary to make the nobility at large interested in improving this situation. The problems connected with storing and protecting the records of these courts were often the subject of debates of the dietines (sejmiki). The paper examines the resolutions on the matter by the dietines of Greater Poland, Cracow, Chełm, the General Dietine of the Ruthenian Voivodeship, and the Land Dietines (sejmiki ziemskie) of Lviv, Przemyśl, Sanok and Halicz. It can be said that the nobility were vividly interested in the protection of court records, which contained legal evidence necessary for the owners of landed estates and real property. They also saw to it that the missing records were restored. The dietines often took care of archives and provided vast sums of money for archive facilities, and sometimes even supported initiatives aimed at buying separate buildings for archival and office purposes. This may show the great documentation culture of the Polish nobility and their high legal consciousness.
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The Jakcs family, which originated from the Szilágyság region, had belonged to the narrow political élite of the Hungarian kingdom between 1382 and 1441. After the middle of the 15th century, however, they definitively dropped from the ranks of the barons. During their presence in the court they had managed to build up a medium-sized landed wealth, which in 1423 consisted of one castle (Hadad [Hodod, Romania]), some 50 to 60 estates in perpetuity, and a further 30–35 by right of pledge. The majority lay around the ancient property of Kusaly (Coșeiu, Romania), in the counties of Közép-Szolnok and Kraszna, and the rest in that of Kraszna. This landed wealth was divided around 1425 between the two principal branches of the family, that is, the descendants of György I (†1415/1416) on the one hand, and those of István I († after 1418) on the other. As we have no comprehensive report about this division, the act itself can only be reconstructed by working backwards from later material after all the surviving charters of the family had been gathered, grouped and filtered. The emerging picture shows that in the case of 28 estates owned in perpetuity and 4 in pledge each settlement was divided by peasant plots, whereas the remaining ones were assigned undivided (and in roughly equal numbers) to one or the other branch. (In the wake of Pál Engel the former type is known as division by plots, while the latter as division by blocks.) The case analysed here nuances the model elaborated by Engel, according to which after 1360 division by plots became exclusively applied at the division of noble estates. It also makes evident the existence of a third type, that of mixed division, which was obviously a combination of the other two. Alongside that of the Jakcs, the division of the Bélteki in 1424 and that of the Dezsőfi of Losonc after 1405 offer examples of the mixed division. Apparently this kind of estate division was only applied in a narrow region (along the river Szamos), and even there perhaps only in the first half of the 15th century. Which among the two elements constituting this type of division was applied depended not on the time when the settlement in question was acquired, nor on the right by which it was held; nor, indeed, can any relationship be observed, at least directly, with the population numbers. On the other hand, a strong correlation exists with the ethnic-legal qualification of any given settlement, which was then strictly taken into account; namely, it appears that in all three cases listed above, the settlements of a dominantly Hungarian character were always divided by plots, while the Romanian and Ruthenian ones were allotted to either of the branches in blocks. The underlying reason may have been that the Hungarian villages were more stable, in average three times more populous than the others, and the Hungarian tenants roughly twice as profitable as the non-Hungarian villagers, and thus a more differentiated approach was needed to make division equitable.
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While the political events of the decade which followed the occupation of Buda castle by the Ottomans (1541) are now fairly well known, the details of the practical administration, government and jurisdiction in the areas especially east of the Tisza river are shrouded in the greatest obscurity. For a detailed presentation of the central administration of justice in the period earmarked by the governmental activity of György Fráter the collection of all charters issued by the judicial authorities is indispensable. This, however, could not be undertaken in view of the utmost dispersal of the charter material and the narrow framework of the present study itself. Although some family archives and those of the chapter of Gyulafehérvár have been searched for judicial documents from the period of György Fráter, the majority of conclusions formulated here with regard to the process of jurisdiction are based on the notes contained in the formulary book generally known as that of János Bácsi. The chief importance of the formulary books resides in the fact that their compilators copied those texts they regarded as most typical of the judicial process, generally omitting names and dates alike, but sometimes – as in the stylionarium studied here – at least partly retaining them. The formulary book of János Bácsi was described by Anna Pécsi (1938), but she failed to notice the records made in the name of György Fráter, and also the fact that several among the texts are of non-Transylvanian provenance. The present study and the majority of conclusions formulated therein about the workings of the judicial procedure are mostly based on the notes made in the name of the Friar on the first eighteen pages of this thick volume. One of these conclusions is that the judicial forum of the personal presence of the bishop of Várad, lieutenant and then chief justice, held for the counties east of the Tisza river, gathered on well defined terms at Várad. About the personnel of this tribunal we know little: its assessors may have been those members of the chapter of Várad trained in law; among the prothonotaries only György Pósa is mentioned by the name. Alongside the counties east of the Tisza, the Friar’s judicial authority extended over the former voevodate of Transylvania, the legal system of which, however, differed from the one operating in the Hungarian counties. Here he shared judicial authority partly with the queen’s court, and partly with his two deputy lieutenants and judicial vicegerents, László Mikola and János Kemény. In t he appendix of the study, we have published only those abstracts of the notes made in the name of György Fráter which provide relevant information about the administration of justice.
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Review of: Štefčík, Jozef. 2018. Einblicke in das Gerichtsdolmetschen in der Slowakei und seine methodisch-didaktischen Ansätze. Hamburg: Dr. Kovač Verlag. S. 144. ISBN 978-3-339-10066-5
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The article is devoted to the little-known page of Russian post-revolutionary emigration - the creation and functioning for about fifteen years of the law faculty, founded by Russian professors of the law faculties of tsarist Russia who emigrated after the October Revolution of 1917, with the support of the government of Czechoslovakia. The article shows the main aspects of the activities of the Russian Law Faculty in Prague: organizational, educational, scientific, consultative public work, publications of its scientists, etc.
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This article is about the history of the regulation of defamatory criminal law delicts. It first describes how the first Hungarian penal code regulated defamation, insult and desecration, and gives a brief introduction to procedural issues closely related to the material law regulations as well. Then it follows the changes of the regulation of the delicts, starting with the modifying act in 1914 about the protection of reputation through the regulation about military criminal law to the provisions of the two penal codes (of 1961 and 1978) preceding the valid criminal law regulation. As it may be seen from this essay, Hungarian defamation law has been quite developed at the end of the 19th century, moreover, regarding its dogmatic elaboration it was among the most modern ones in Europe, and this leading role has not changed ever since; regarding the elaboration of criminal act violating reputation, human dignity and the good reputation of persons Hungarian legal regulation has been among the best in Europe.
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During the second half of the 19th century the modernization of education played a highlighted role in both Hungarian and Austrian efforts, however many debates aroused about its character, so – although significant accomplishments were achieved – it mostly divided the public opinion, generating wide ecclesiastical and social movements. Comparing the legal development of Austria and Hungary after 1868 the most substantial differences were the following: in Austria there were common schools under the state’s control, but they preserved the religious character of education; in Hungary church schools existed primarily, and state schools had a supplementing role. The problem was that these church schools functioned at a low level, so it was necessary to create state schools. These efforts were first documented after 1898 in Baranya county based on the regional records of the National Archives of Hungary. The aim of these efforts was the so-called ‘Hungarianization’ (magyarizáció). Most of the results were achieved in those settlements, where nationalities lived and the churches were willing to cooperate and they did not had any (appropriate) schools.
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Through the analysis the regulation of fraud will given a potential answer to the question whether the attempts to modernize criminal law in Hungary at the late 18th century – considering this crime – are truly modern. In the comparison are included the Sanctio Criminalis Josephina (1787), a piece of legislation which is not commonly classified as belonging to the Hungarian codification, and the draft of the Codex Criminalis which was completed in 1795 by a committee set up by the Diet in the year following the death of Joseph II. According to scholars, this draft can be considered as the first stage in the process of a modern Hungarian criminal law codification, which was no longer mere incorporation but met the rules of codification in the narrower sense as well as the principles of the Enlightenment, and which was the beginning of a qualitatively new phase of Hungarian legal development.
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The principle of equality before the law was of utmost importance in the eastern part of the Habsburg Monarchy (1867-1918). This article presents the legal status of women and particularly problematic questions concerning the above mentioned principle in the constitutional rights of women. Female suffrage, the context that rendered it possible, and the legal changes that were made before it was finally granted make up a crucial chapter in the history of women's struggles for equality. Reflecting on how this chapter unfolded in a particular country thus reveals some of the features that women's broader struggles for equality and equal citizenship took in that country. The modern concept of citizenship was based on the liberal ideas of individualism and equality, developed in the West in the 17th century, and signalled a radical break from traditional ideas of society. The contradictions that this concept of citizenship brought along for women underlie the histories of female suffrage. In Hungary, local voting rights were granted to some tax-paying women in 1871. In some Austrian lands, women could vote for municipal councils and provincial diets throughout the 19th century as long as they paid with a certain amount of property or income taxes. In spite of the early results of the civil era and the Hungarian Soviet Republic, there was a regression in political rights after 1919. The women's movements were able to obtain results in Hungary only after the World War II.
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In the article, the author focused on an overview of judicature of Polish administrative courts in terms of their reference to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Their role in Polish legal order and their meaning in the process of applying the law by the courts were analyzed.
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The arbitration procedure as a method of settling legal disputes is no contempo-rary achievement. It was in fact developed and quite commonly used in ancient times as well, particularly in the Greco-Roman world. At first it was a tool to settle cases in the field of contract and commercial law – or, in general, private law – but with the passage of time it also became applicable to international, federal and administrative legal disputes. Both types of arbitration (in public and in pri-vate law) were based on the agreement (compromissum) between the parties to the case to allow their legal dispute to be settled by an impartial third party, whose decision would be held as legally binding. The main difference in fact lies in the parties themselves – in public arbitration it was the states or state institu-tions who, while exercising their powers, chose to enter an arbitration procedure. Apart from these general conclusions, the article also presents an in-depth analysis of actual known Roman-era international, federal and administrative cases that were settled through arbitration, many of them being connected to the usage of public waters, border delimitation, taxes and tax revenues etc.
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Abstract: In the field of the Roman civil procedure some constitutions of the emperor Constantin (CTh. 2,18,1; CTh. 2,26,1; CTh. 11,39,1; CTh. 9,19,2) testify for the establishment of an orientation that the task of the judge is to determine what is the truth, independently of the demands of the parties in the process and the presented evidences. This is a significant innovation in a comparison with the Formulary procedure in which the sentence of the judge is strictly bound with the formula created by the praetor and accepted by the parties.
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At the beginning of the imperial period in Rome many fires have been known - some with serious consequences. In fact, it was not about unfounded fears. Fires were a constant danger to the public security and even the development of the city during the Age of Augustus did not reduce the frequency and severity of this problem. The rapid increase of the population of the capital and the need for new housing led to the construction of many vertical buildings, which have become more and more thanks to the financial speculation from which their builders and owners were led. These huge buildings, characteristic of the intensive construc-tion during the imperial period, have become a constant source of trouble. But in the six years when many fires destroyed different neighborhoods on the same day, it became clear that the measures taken were inadequate and that the preservation of the city by fires required the work of specialized personnel equipped with convenient means and acting under the guidance of an expert. The decision was to create a vigiles corpus, organized as a military structure consist-ing of 7,000 men, divided into 7 cohorts, each of which had to watch over two adjacent areas. At the head of each cohort was placed a tribune, chosen among the centurions of the legions, most often primipilares, while the senior command of the corpus was entrusted to an ad hoc employee who was nominated by the Emperor himself and called praefectus vigilum. It is not very easy to completely restore its functions, which have increased from the beginning of the Principate until the end of the 3rd century. In fact, we are sufficiently well informed about the duties and powers of this civil servant during the time of the Severan Dynasty, as the Digests provide us with a small number of testimonies (5 fragments, one long enough for liber singularis de officio praefecti vigilum - Paul, and one with the same name liber singularis - to Ulpian). More complete jurisdictional competence, relevant to civil and administrative disputes, was certainly recognized as praefec-tus vigilum in an unusual way, and only for a limited range of disputed parties, only towards the end of period under consideration, with regard to the reorganization of the professional associations of Alexander Severus. This reorganization, we learn from the Historia Augusta, appointment required for each college a judge competent to know relating to its disputes.
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