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Instruments of Financial Legal Policy in the Countries of the European Union
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Instruments of Financial Legal Policy in the Countries of the European Union

Author(s): Olha V. POKATAIEVA,Lesia A. SAVCHENKO,Olekdandr Bukhanevych,Anton O. MONAIENKO,Olga P. GETMANETS / Language(s): English Issue: 50/2020

For the purpose of a more detailed analysis of the features of administrative regulation of fiscal policy, it is necessary to consider examples of fiscal regulation of business processes in individual foreign countries, as well as features of fiscal policy in the EU. For several decades in a row, the G7 countries – Great Britain, Italy, Germany, Canada, the USA, France, and Japan -determine world economic policy. Despite the periodic global economic crises, they are among the first to overcome their consequences and maintain a leading position in the global business environment. This happens due to a balanced fiscal regulation policy. Among their common features is that part of the GDP that they accumulate through leverage of fiscal regulation has a steady tendency for growth. Thus, over the past 40 years in France, this share has grown by 10.1%, and in Canada - by 10.9%. The paper shows that the theoretical basis of modern fiscal regulation in these countries is neo conservatism, the basis of which is the importance of direct impact on production through targeted and large-scale tax cuts. The authors show that fiscal regulation in this case provides incentives for conservation and investment. Another important element is the reduction of government spending, mainly due to the implementation of targeted government programs. However, despite several common features, each country has certain features in the administrative and legal regulation of fiscal policy. The relevance of the study is determined by the fact that it is necessary to investigate these features in more detail through the lens the historical development of the administrative and legal regulation of fiscal policy in foreign countries.

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Some Issues of Gift Contracts (Donations) in Hungarian Private Law – from a Historical and Comparative Point of View

Some Issues of Gift Contracts (Donations) in Hungarian Private Law – from a Historical and Comparative Point of View

Author(s): Adam Boóc / Language(s): English Issue: 1/2022

The author attempts to give an overview of the contract of gift in Hungarian private law. The study applies a very strong historical approach, since it summarizes the most important features of the development of this legal institute. The most important aim of the study is to identify those features of the contract of donation in the history of Hungarian private law, which are also applied by the current Hungarian legislation (Act No. V. of 2013 on the Civil Code of Hungary). The study also contains a couple of proposals for the eventual reform of the regulation of the contract of gift, as well.

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Urkundenfälschung im römischen Recht, Cicero als Schriftsachverständiger

Urkundenfälschung im römischen Recht, Cicero als Schriftsachverständiger

Author(s): István Bajánházy / Language(s): German Issue: 1/2022

Wax-tablets were often used as writing materials in the Roman Republic. They had a wide range of application, not only for contracts and last wills, but for bookkeeping as well. The soft wax was however not fully protected again the later modifications e.g. again the document-forgery. So special technic for the protection were developed: the so-called two-sided documents. But the documents used for bookkeeping remained one-sided open documents, so the later modifications were further possible, but not without any trace. Cicero found such forgery during his investigation for the preparation of his lawsuit against Verres, the former governor of Sicily, about extortion of the inhabitants of the province.

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Ücret İle Tazminat Sorumluluğu Birlikteliği

Ücret İle Tazminat Sorumluluğu Birlikteliği

Author(s): Abdurrahman Akman / Language(s): Turkish Issue: 1/2022

The aim of the article is to reveal the nature and importance of wage and compensation in legal responsibility and to discuss the possibility of these two basic tools together in the light of different views of the mad̲h̲habs. In addition, the article deals with the functions of these two basic concepts within the scope of Islamic responsibility law. There are two main sources of compensation liability in Islamic Law of Obligations. These are; breach of contract and act of injustice. Harming someone else is prohibited by any of these means. In cases where people cause harm to others in social life, the legal order tries to compensate for the damage in question. It is not a legal way to harm the other party for the remedy of the damage. The method of remedying the damage and what kind of economic values it will cover have been the subject of discussion in the doctrine. Are there other obligations at the same time as the liability for compensation? In this regard, Article 86 of Med̲jelle ̲ -yi Aḥkām-i ̊ʿAdliyye regulates that compensation liability and wage cannot go together in accordance with the Ḥanafī mad̲h̲hab. It is important to deal with the scope and exceptions of this rule and the transformation it has undergone in the history of Islamic law with a comparative method and to establish its connection with the present. The rule that wages and indemnity liability cannot go together finds more application in contracts where the performance of one of the parties is a rent wage. Goods and service contracts come to the fore within the scope of contracts requiring this. Such contracts are generally considered within the scope of rent contracts. The obligations of the parties in those contracts are to leave the use of a commodity to the other party of the contract and that party undertakes to pay a certain usage fee accordingly. Both parties have mutual debts and obligations. A house, an animal, an item may be rented. In labor rent called service contracts, the worker (ecīr) and the employer agree on the work to be done. In case the source of the liability is different, for example when there is a difference in the reason and subject, liabilities can be combined to some extent. In the Ḥanafī school, the point of view of usage benefit lies on the basis of the incompatibility of wage and compensation responsibility. There are some theoretical reasons for this in the Ḥanafī mad̲h̲hab. There is a general agreement on compensation for contractual or tortious damages. In order for a damaged property to be subject to compensation, it must be a property that has legal value and tangible assets. Damage to property can be defined as a decrease or deterioration in the value of something. Anyone who claims to have suffered damage should base their claim for compensation on these grounds. What is meant by compensation is to eliminate the actual damage suffered. Equivalence is one of the issues underlined in compensation for damage. One of the most basic principles of Islamic compensation law is to return to the situation before the damage occurred, as much as possible. The main thing in remedies is not punishment, but compensation for the damage suffered. The basis of the breach of debt is the non-payment or late payment of the debt or defective performance. In case of existence of such situations that prevent the performance of the debt, the actual damage must be compensated. Therefore, claims for loss of profits are not included in the compensation. As for the compensation for the damage arising from the tortious act, while Med̲jelle did not seek ̲ intent in the compensation of the damage to acting directly, it observed the existence of this in case of causing damage (arts. 92 and 93). In legal liability, it is aimed to compensate the fungible (mis̱lī) or nonfungible (ḳıyemī) of the thing damaged due to tortious act. Compensation with fungible is the type to be preferred with priority in remedying the damage. However, the issue of whether usage benefits (menāfiʿ) are also eligible for compensation is controverted issue among Islamic jurists. The Ḥanafī school believes that the benefits don’t comply with these conditions. But, other mad̲h̲habs have opposing views to the The Ḥanafī sect on this issue. Others have accepted the benefit of the usurped property as legal property and have approached positively to the subject of compensation. The basis of this difference lies in whether usage benefit is legally accepted as property. However, in the later periods, some exceptions were made to the first view within the Ḥanafī school. These are; foundation and orphan and commercial properties. It is accepted that loss of benefit in these matters is subject to compensation. In addition, in the Med̲jelle amendments, benefits are accepted as property ̲ that has legal value, and it has been accepted that loss of benefit in cases of tortious act and breach of contract may be the subject of compensation in accordance with fairness in our opinion.

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INDEPENDENCE OF THE JUDICIARY VS. ENSURING THE RIGHT TO A FAIR TRIAL IN COUNTRIES IN TRANSITION

INDEPENDENCE OF THE JUDICIARY VS. ENSURING THE RIGHT TO A FAIR TRIAL IN COUNTRIES IN TRANSITION

Author(s): Olha V. Koshova,Svitlana Ya. Rabovska,Olha V. Salenko,Andrii V. Potapenko / Language(s): English Issue: 19/2022

This study investigates the importance of ensuring the real independence of the judiciary in the administration of justice as a basis for promoting the unity of judicial enforcement. It is stated that currently the reform of the judiciary has entered a new cross and hasty phase, during which there is a significant excessive intervention of any bodies and individuals in the organisation of the activities and functioning of the judiciary. It is substantiated that numerous reforms in the justice system have expanded the competence of the court, in particular, the highest court in Ukraine has been given the power to officially interpret laws. At the same time, it has been proven that this has not effectively improved the protection of the subjective rights of individuals, as well as the constitutional rights and freedoms of human and citizen. It is stated that other branches of government continue to systematically interfere in the judiciary with efforts to contain various media publications, various levels of propaganda, etc. Conclusions are drawn regarding the attempt to pass the process of interference of other branches of government in the judicial activity as an objective factor of "normality" of building a judicial system of a democratic state. It was proved that the countries in transition: 1) lack the programme document on the development of the judiciary; 2) have a factor of incomplete system construction and development of the judicial system; 3) lack the judicial segment in the reform of the judiciary (lack of introduction of new procedural tools to protect the rights of persons). It was concluded that justice can be fair under a set of conditions: 1) the relationship and interaction of the internal independence of the judge with the external independence of the judiciary; 2) a system of clear and transparent legislation that has the qualities of systematicity, unity, and consistency, i.e. the absence of the transit factor; 3) the unity of judicial law enforcement, which in practical terms lies in the rule of law, as a result of which convincing precedents are developed, supported by the entire legal community of Ukraine as a country of continental law.

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JUDICIAL SUPREMACY IN THE PERIOD OF TRANSIT OF THE LEGISLATION OF THE COUNTRIES OF TRANSITIONAL JUSTICE BELONGING TO THE CONTINENTAL LEGAL SYSTEM

JUDICIAL SUPREMACY IN THE PERIOD OF TRANSIT OF THE LEGISLATION OF THE COUNTRIES OF TRANSITIONAL JUSTICE BELONGING TO THE CONTINENTAL LEGAL SYSTEM

Author(s): Olena S. Kopytova,Oleksandr H. Bratel,Tetiana O. Kulyk,Nataliia Kosiak / Language(s): English Issue: 19/2022

The purpose of the study is to cover the judicial rule as a way to ensure the rule of law in the judicial activity of the countries of the continental legal system, which are in a transitional period of their development when the transit of legislation is relevant. Scientific research methods include comparative, dialectical, prognostic, as well as methods of modelling, and correlation, which allowed to develop the definition of judicial supremacy as a special type of judicial enforcement by the courts of cassation during the development of legal conclusions and legal positions on the application of substantive law. There is a definition that judicial supremacy in the countries of the continental legal system is considered as a special, closely related to the lawmaking role, law enforcement procedure of the Supreme Court on resolving conflicts between the ideal of a legal provision and a persuasive precedent of a specific law enforcement situation. Therewith, a categorical conclusion is made regarding the inadmissibility of tracing the approaches of common law countries, the development of judicial precedents in its pure form into the format of judicial law enforcement of the countries of the continental legal system. It was proven that the rule of law is the result of the privileged power of the Supreme Court during the review of court decisions on the interpretation of laws. However, this power is not the highest, because the interpretation of constitutional provisions is a unique function of the Constitutional Court of countries where there is a model of centralised constitutional control.

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THE PLACE OF THE SOVEREIGN EQUALITY OF STATES IN THE MODERN SYSTEM OF BASIC PRINCIPLES OF INTERNATIONAL LAW

THE PLACE OF THE SOVEREIGN EQUALITY OF STATES IN THE MODERN SYSTEM OF BASIC PRINCIPLES OF INTERNATIONAL LAW

Author(s): Nataliia Kyryliuk,Nelia Savchyn,Volodymyr I. Bobryk,Sergii Koroied,Vitalii Makhinchuk / Language(s): English Issue: 19/2022

At the present stage of human development, numerous regulations are consolidated and, accordingly, a list of initial principles on which international relations between states are based is defined. The issue of their study and interpretation is extremely relevant today, since every day around the world these principles are violated by the emergence of armed conflicts, the implementation of terrorist acts, as well as military actions between different countries. Of importance among them is the principle of sovereign equality, since it is a solid basis for equality and mutual respect between states and is increasingly becoming the object of arbitrary violation, which requires an in-depth study of this principle and determine its place among other generally established principles of international law. The purpose of this study is to consider the history of the development of sovereign equality, investigate its structure and constituent elements, and most importantly, establish an interrelation with other principles of international law. This paper uses several scientific research methods that allow for an in-depth examination of this subject area, including the method of analysis, the method of synthesis, the method of comparative analysis, the method of deduction, the method of abstraction, the method of generalisation, as well as the method of analysis of scientific literature. The results obtained after the study are theoretical and practical principles for the implementation of sovereign equality by states around the world, determining its role in building international relations, as well as its correlation with other principles developed in international law. The practical value of this study is its use in the development of methodological materials for teaching such an academic discipline as international law, as well as for extracurricular familiarisation of students with this subject. Furthermore, the results and conclusions formed in this study can be used by other researchers to investigate the implementation of the fundamental principles of international law, including the principle of sovereign equality.

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IMPLEMENTATION OF INTERNATIONAL TECHNICAL ASSISTANCE PROJECTS IN UKRAINE SINCE 1991 AND THEIR ACTUAL EFFECTIVENESS FOR THE STATE

IMPLEMENTATION OF INTERNATIONAL TECHNICAL ASSISTANCE PROJECTS IN UKRAINE SINCE 1991 AND THEIR ACTUAL EFFECTIVENESS FOR THE STATE

Author(s): Yuriy V. Harust,Valeriia Myrhorod-Karpova,Vadym Melnyk,Dmytro Maletov,Yurii Kiiashko,Bohdana Pavlenko / Language(s): English Issue: 19/2022

The relevance of the research: The relevance of this article is due to the fact that the system of involvement, use of international technical assistance in Ukraine is one of the key bases of effective functioning of the country’s financial system, and the lack of an effective monitoring / control mechanism does not allow to obtain the expected positive effect. The purpose of the research: The purpose of the article is to conduct research on the implementation of international technical assistance projects in Ukraine since 1991 (since the declaration of independence). Research methods: Leading research methods are general and special research methods, in particular methods of logic, analysis, comparison, etc. Research results: The results of this study are a comparative legal analysis of the effectiveness of international technical assistance projects in Ukraine since 1991. Practical significance of the research: The significance of the obtained results is reflected in the fact that this study can serve as a basis for outlining future changes to the current legislation of Ukraine on the functioning of the system of attraction, use, monitoring / control of international technical assistance in Ukraine.

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PROTECŢIA CONSUMATORILOR DE SERVICII TURISTICE ŞI EVENTUALE PREVEDERI NECONSTITUŢIONALE ÎN ACEASTĂ MATERIE

Author(s): Ilie Dumitru / Language(s): Romanian Issue: 04/2022

The activity of travel agencies and their contractual relationship with tourists are the subject of particular legal provisions, which have benefited relatively recently from developments and details, including as a result of European Union legislation. Some of the legal norms included in this new normative framework applicable to travel packages raise the issue of possible violations of the provisions of the Romanian Constitution. In this article, we want to subject these legal provisions to the analysis of legal practitioners.

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OBIECTUL CRIMINOLOGIEI

Author(s): Nelu Dorinel Popa / Language(s): Romanian Issue: 04/2022

The object of criminology requires appropriate ways of approaching it, which have arisen precisely from the theoretical controversies that have developed over time, starting from the classical school and ending with the views expressed recently in the doctrine on the subject. In the light of the arguments put forward in the article, it has been considered that the object of study of criminology is: - the criminal phenomenon- referring both to the individual aspect, which concerns the act – the crime and the person who committed the act or who caused or contributed to its completion – the criminal, and to the collective, "mass" aspect – criminality, - victimology- which aims to analyze and study the victim of crimes, - the social reaction against the criminal phenomenon - which intervenes both ante-factum, through prevention programmes and measures, as well as post-factum, by carrying out the act of justice and by the treatment, resocialisation and social reintegration of convicted offenders.

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INTERPRETAREA ŞI APLICAREA PRACTICĂ A EXCEPŢIEI DE RISC GRAV, PREVĂZUTĂ DE ART. 13 ALIN. (1) LIT. B) DIN CONVENŢIA DE LA HAGA, ASUPRA ASPECTELOR CIVILE ALE RĂPIRII INTERNAŢIONALE DE COPII, ÎN CAZURILE DE VIOLENŢĂ DOMESTICĂ

Author(s): Georgeta-Bianca Spîrchez / Language(s): Romanian Issue: 04/2022

The main purpose of the current paper is to investigate the grave risk exception that can be invoked in cases that deal with prompt return of children wrongfully removed to or retained in any Contracting State to Hague Convention on child abduction. In this regard, we took into account the practical interpretation offered through the Guide to Good Practice under the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction. Part VI, article 13 (1) (b) and then we presented a case on which the European Court of Human Rights had ruled.

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CONSACRAREA CONSTITUŢIONALĂ ŞI INFRACONSTITUŢIONALĂ A DREPTULUI DE VOT ŞI A DREPTULUI DE A ALEGE ŞI DE A FI ALES ÎN PARLAMENTUL EUROPEAN

Author(s): Anca-Jeanina Niţă / Language(s): Romanian Issue: 05/2022

The present study was occasioned by the legislative proposal to amend Law no. 115/2015 and article 5 para. (5) of Law no. 33/2007, with the aim of reducing the voting age to 16. After a brief presentation of EU and national provisions (both constitutional and ordinary) in the matter of the right to vote and the right to be elected to the European Parliament, the author examines the statement of reasons and the draft bill as proposed by its initiators. The author disagrees with the initiators’ view that a so-called ‘margin of appreciation’ exists for the lawmaker when it comes to the voting right of people aged between 14 and 18, and argues that no such ‘margin of appreciation’ can be acknowledged in relation to either the primary (Parliament) or delegated (Government) legislator, if this would lead to annihilating the will of the constituant assembly. In other words, organic laws may not derogate from the constitutional regulation. The author evokes the opinion of the late Professor Ioan Muraru, expert in both the original and derived constituant assembly, concerning the interpretation of article 16 para. (4) of the Constitution. The author concludes that, if parliamentarians want to be a voice for the youth supporting a decrease of the voting age to 16, they may act so according to the procedure established in Title VII of the Constitution.

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CONCEPTUAL MODEL OF ADMINISTRATIVE PROCEDURE FOR UKRAINE

CONCEPTUAL MODEL OF ADMINISTRATIVE PROCEDURE FOR UKRAINE

Author(s): Dmytro Luk’yanets,Olena Markova,Taras Gurzhii,Andrii Petritskyi / Language(s): English Issue: 19/2022

The purpose of the study is to develop a conceptual model of the administrative procedure for Ukraine, which will help prevent the negative impact of administrative barriers and will be aimed at protecting human rights. When conducting a study on the conceptual model of the administrative procedure for Ukraine, a systematic approach was used, which allowed considering the subject as a set of interrelated elements. The dialectical method became the methodological basis of the research, since, using it, reasonable conclusions and recommendations were obtained in the field of the conceptual model of the administrative procedure for Ukraine. The Aristotelian method was used to define the main concepts in the field of administrative procedures. Based on the formal legal method, the legal terms, concepts, and processes that are enshrined in the legislation on administrative procedures were analysed. The article defines that for the Ukrainian model of administrative procedure, reception of European models is not suitable, since it does not consider all the features of fragmentary national legislation in the procedural sphere, which regulates certain types of administrative proceedings. Such models can be used as a guide for creating a model. The law of Ukraine ”On administrative procedure" presents a model of administrative procedure, yet this law has not yet been adopted due to the discrepancy between the declared scope of relations of the procedure that is the subject of regulation and the actual relations to which the relevant provisions can be applied. The study suggests making changes to the definitions of the principles of administrative procedure; expanding the types of its proceedings: general – proceedings on the initiative of the subject of the appeal; proceedings on the initiative of the subject of power (administrative body); special – proceedings in the activities of collegial administrative bodies; competitive administrative proceedings – within the framework of competitive and alternative administrative procedure.

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DELIMITAREA TRAFICULUI DE FIINŢE UMANE DE UNELE INFRACŢIUNI CONEXE (PRACTICA ŞI LEGISLAŢIA REPUBLICII MOLDOVA)

Author(s): Andrei Nastas / Language(s): Romanian Issue: 05/2022

Trafficking in human beings is one of the most dangerous crimes, the factual ways of committing which are evolving on an ever-increasing scale. The latter raises issues of legal framework, in particular the issue of delimiting trafficking in human beings for related crimes. The criminal law of the Republic of Moldova, for the most part, takes into account international normative acts in the field, although the judicial practice is not uniform in terms of the legal classification of facts as trafficking in human beings or related crimes. The article is devoted to the analysis of the theoretical and practical aspects of trafficking in human beings. The topicality of the researched topic is conditioned by the lack of uniform character of the judicial practice in the matter of criminal liability for trafficking in human beings and related crimes in the Republic of Moldova. As a result, it is particularly important to identify gaps in legislation and judicial practice that require the development of solutions to limit trafficking in human beings for related crimes

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Soțul cetățeanului Uniunii, copilul plasat sub kafala și dreptul de ședere: inovație vs. dificultăți hermeneutice? Coman și SM
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Soțul cetățeanului Uniunii, copilul plasat sub kafala și dreptul de ședere: inovație vs. dificultăți hermeneutice? Coman și SM

Author(s): Gina Orga-Dumitriu / Language(s): Romanian Issue: 01/2021

The balance between the sovereign interests of states and individual interests is not easy to maintain when it comes to the family regime under Union law. The autonomous interpretations given by the Luxembourg Court on the rights of the family members of Union citizens in the context of exercising the right to free movement are directed towards a strengthened protection of the fundamental right on observing private and family life. In the Coman case, the Court promotes a bold line of thought to note that the notion of „spouse” within the meaning of article 2 point 2 letter (a) of Directive 2004/38 is gender neutral and also covers the same-sex spouse of the Union citizen. Having stated that Member States are free to recognize or not same-sex marriage, the Court states that they cannot impede the free movement of a Union citizen by refusing to grant to its same-sex spouse, a national of a non-EU country, the right of residence on their territory. Neither national identity nor public order can preclude the Court’s broad interpretations on a Member State’s obligation to acknowledge, solely for the purpose of granting a derived right of residence, for a national of a non-EU state, same-sex marriage concluded in another Member State. We do not find the same hermeneutical „acrobatics” in SM, where the Court seems oriented towards a stricter interpretation of the notion of direct descendant of a Union citizen. It is thus appreciated that the Algerian kafala regime does not create filiation relations in the sense considered by the direct descendant wording in article 2, point 2, letter (c) of Directive 2004/38. However, a child such as SM, placed under the legal guardianship of some Union citizens under the kafala regime, falls under the notion of „other family members” provided in article 3, paragraph (2), letter (a) of Directive 2004/38. In order to facilitate the right of residence, the Member State has the power to make a balanced and reasonable assessment of the circumstances of the case, taking into account, in particular, the best interests of the child.

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"The Confined Woman of Poitiers” and the Guarantor's Position of the Brother
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"The Confined Woman of Poitiers” and the Guarantor's Position of the Brother

Author(s): Cristina Nicorici / Language(s): English Issue: 02/2021

The concept of the state penalizing a person for his or her failure to act must be understood and analyzed as more than criminal responsibility for something that a person has failed to do. The idea that, unless a person complies with the obligations imposed by the state and acts accordingly, he or she will receive a court sentence, is related to the principle of legality in criminal law, individual liberty to act, and the rule of law. This article will underline the concept of improper omission, and how the criminal liability for improper omission is affecting the principle of legality in the perspective of the French criminal law theorists. In contrast with other European countries that have a long-standing tradition in accepting and analyzing criminal omission (such as Germany or Spain, for instance), in France, the idea of criminal responsibility for an omission that is not expressly regulated by the law was rejected. This longstanding position is based on a famous case – law that was very popular and is still mentioned by the theorists of criminal law when talking about responsibility for omission (known as the "Poitiers Case"). This decision, however, besides being an important case-law for the French criminal law, raises a problem that has not been solved even in the systems where the commission by omission is accepted. The main question that must be answered is whether a brother has a guarantor's position, or, in other words, has a duty to act, if his sister is in danger, and in this article, I present the main ideas developed as an answer to this problem.

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Considerații practice în privința nomazilor digitali în România. Tendințe la nivel european

Considerații practice în privința nomazilor digitali în România. Tendințe la nivel european

Author(s): Iuliana-Raveca Lazar / Language(s): Romanian Issue: 1/2022

The aim of this article is to give a brief presentation of the novelties involved in the pursuit of professional activities by digital nomads, namely the conditions under which a foreign national, employed or owner of a company registered outside Romania, may benefit from the special scheme and from the rights of entry and stay in Romania, recognized, and regulated in national law in favour of travellers. Domestic legislative trends and measures adopted by other European countries will also be considered. The provision of work or services through information and communication technology is at the heart of the nomadic working style. Digital nomadism also means remote work or services, without the work itself changing. In Romania and at the European Union, digital nomadism has become an extremely widespread phenomenon in the context of the outbreak of the pandemic caused by the Covid-19 virus. Changing the style of work has in most cases also led to a change in lifestyle. People’s desire to know, to discover new places and habits has made work from home become work from any home.

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Dincolo de cuvinte: controlul efectiv al puterii judecătorești asupra actelor administrației. Studiu de caz: „platforma pentru stocarea temporară a deșeurilor” din Sighetu Marmației

Dincolo de cuvinte: controlul efectiv al puterii judecătorești asupra actelor administrației. Studiu de caz: „platforma pentru stocarea temporară a deșeurilor” din Sighetu Marmației

Author(s): Diana Ionescu / Language(s): Romanian Issue: 1/2022

The article analyses the jurisprudence of the Maramureș Tribunal and the Cluj Court of Appeal regarding the landfill in Sighetu Marmației, Maramureș County. To that end, in the first part, the article sets out the court rulings on the annulment of administrative acts establishing the location of the landfill. In the second part, the article presents judgments on the suspension and annulment of administrative acts issued to allow the continued storage of waste during the emergency caused by the Covid-19 pandemic.

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Asigurarea egalității de gen în procesul decizional din domeniul securității și ordinii publice

Asigurarea egalității de gen în procesul decizional din domeniul securității și ordinii publice

Author(s): Liliana Creangă / Language(s): English,Romanian Issue: 1/2022

Based on the reality that in the Republic of Moldova, despite all efforts, men and women do not enjoy the same benefits in terms of access to employment opportunities, remuneration, participation in political life, involvement in business, work-life balance, family, we aimed to analyze how to integrate gender equality in policy-specific areas by proposing recommendations for both policy-making at the national level and at the level of some institutions. It is part of a sustained effort to build the capacity of public authorities to integrate the gender perspective in all areas of activity as well as to provide employers and employees with useful information on the application of the principle of equal opportunities for women and men.

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Dreptul la vot al persoanelor condamnate în Europa. Examen de drept comparat

Dreptul la vot al persoanelor condamnate în Europa. Examen de drept comparat

Author(s): Florin Proca / Language(s): English,Romanian Issue: 1/2022

For any person, deprivation of liberty following a court-ordered conviction is an extreme situation, with a negative effect that has a lifelong effect, both during the separation from society and for a long period after release. During the time spent behind bars, the individual must adapt to certain rules imposed by the prison administration, be deprived of certain rights that he had as a free person and at the same time must know how to manage the inter-human relations that are established between persons deprived of their liberty. Relationships between inmates are based on frustrations, strong emotional feelings and are often driven by momentary interests that falsify the moral ambiance within the inmates group, all of which are difficult to manage without conflict, especially for a person who is on first contact with the prison environment. After reintegration into society, the prison past will be felt by the marginalization of the individual by most people in society. Although from the legal point of view, after the execution of the sentence, any person has equal rights with other citizens, in fact he can be judged from a moral point of view and will not have the same chances or possibilities as those who they did not interact with the criminal environment. For example, a former inmate is less likely to get a job interview; the chances of advancing in a possible job are significantly reduced, and so on. At the same time as receiving a custodial sentence, the person in question loses many of the rights that a normal member of society has, some less important but also some that are of interest to both him and third parties, such as the right tovote and be elected in a public office. Electoral rights, the right to vote and to be elected, are fundamental rights and can be exercised without restriction by adults with some exceptions related to mental alienation or interaction with the criminal environment. Deprivation of liberty always comes with the loss of the right to be elected to a public office during incarceration and sometimes the conviction of a custodial sentence has as an ancillary sanction the suspension of the right to vote. With the suspension of electoral rights, the individual becomes an element of society whose opinion no longer matters, an element lacking the power to influence the way the community will go and at the same time the individual will no longer be interested in the political factor because he will no longer participate to the electoral process. At the same time, the individual is deprived of the easiest way to say what he has to say, the easiest way to decide on the path that society wants to follow.

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