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This paper primarily analyzes the classification of international organizations according to different criteria to see the specificity of the EU as a sui generis international organization. The authors specifically examine the legal order of the EU and the process of achieving full membership. They are interested in the EU accession process, particularly for countries in the Western Balkans like Bosnia and Herzegovina, which is covered by the Stabilization and Association Agreement. Candidate countries have access to various EU funds, which the authors analyze as pre-accession assistance. The study assesses Bosnia and Herzegovina’s status in European integration and delves into the use of IPA funds in the country, including its withdrawal, scope, and limitations. The authors emphasize the importance of IPA funds for Bosnia and Herzegovina.
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Immediately after the establishment of the Protectorate of Bohemia and Moravia, the government of the Protectorate began to enact legislation for the transition to a controlled economy, following the Reich model. Its nature varied, but at least two basic groups can be distinguished: legislation regulating the market and legislation regulating the rationing system. One of the main features controlled economy of the Protectorate was the freezing and control of prices, for which the Supreme Price Office was created. In practice, restrictions on the free sale of food, fuel and other commodities played a crucial role. At the same time, Czech-Moravian associations were created – they managed and controlled the production and distribution of food and other commodities, and some state functions were delegated to them. In course of the implementation of the controlled economy, essential management and control tasks were also delegated to the provincial and district authorities, which also prosecuted offences against maintenance economy and controlled economy. In the course of time, repression took hold, and the German special courts punished with all the vigour and severity they could, even in the case of Protectorate citizens, acts against economic regulations.
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This article is dedicated to the sphere of terminology. The object of analysis is connected with Bulgarian criminal law. Three system factors of terminology are viewed - terminologisation, determinologisation and reterminologisation. The definitions of the terms are used in order to find out the influence of the indicated terminological factors.
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This article analyses France’s foreign policy towards Africa from a realist perspective. It identifies how this policy creates a state of inequality in terms of Franco-African relations through the Francafrique system and how the long-term policy’s consequences have led to negative impacts on the European Union’s External Migration Policy towards the world’s poorest continent. This inequality in terms of Franco-African relations is explained from the perspective of other theories including the Dependency theory and Capital System that highlight inequality between the Global South and the Western world. As a result, it is highly important to examine the volumes of illegal migrant flows to the European territories crossing the Mediterranean Sea from the Sahel and Sub-Saharan Francophone countries to understand how the EU’s External Migration Policy is impacted by the foreign policy adopted by one of the most powerful players in the international system and EU’s member states towards Africa.
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The article analyzes the theory of Democratic Confederalism that had been established in Northern Syria in the beginning of 2014. Three cantons had been declared in Northern Syria, a region also called as Rojava by Kurds and the system for governance of the cantons was Democratic Confederalism. Democratic Confederalism is a governance system which had been theorized by Abdullah Ocalan. Democratic Confederalism is a governance system that rejects the nation-state and its ideology and proposes a new system that does not rely on any kind of state. The article started with the evolvement of A. Ocalan`s ideology from socialism, in the early 1970s, to Democratic Confederalism in the beginning of 2000s. The article also explained Democratic Confederalism and introduced the main principles of the system. After explaining the system of Democratic Confederalism, the article focuses on governance of Cantons that had been declared in Northern Syria. The last part of the paper finds out whether Democratic Confederalism is functional or not based on experience in Northern Syria.
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The creation of innovations is a key factor in maintaining the competitiveness and economically significant success of the modern company. Investing in and finding new solutions to problems is a business goal, as long as the innovators can count on their competitors not being able to easily adopt and implement the innovations. The article explores the role of the intellectual property system and the protection it offers in achieving leading market positions by Asian companies. The object of the research is innovation, and its subject is innovation leadership through intellectual property. The research aims to prove the market success of innovations based on intellectual property, as well as that the intellectual property system is an important prerequisite for stimulating innovation, protecting investments, realizing increasing revenues and maintaining the company's competitiveness. For the purposes of the study the author will use the leading object of intellectual property in innovation – the invention.
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The Bulgarian legislation, part of the practice of the ECHR and the Court of the EU for the processing of personal data in the sector of electronic communications and the relevant acts of the European Union, regarding the control of electronic communication for the protection of national security, have been studied. The first main problem is the need for an urgent update of our regulations, in accordance with the Decision in case C 350/21 of 17.11. 2022 for Bulgaria, with which the EU Court ruled that it does not allow national legislation that provides for the preventive general and non-selective retention of traffic data and location data, without ensuring that the individuals have been notified of this to the extent foreseen of Union law. The second problem is related to the limits and judicial control in determining national security, as a basis for control of electronic communication.
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The article describes how Kenya, through its security forces, responded to significant terrorist attacks carried out by terrorist organization Al-Shabaab on the territory of Kenya alongside how those attacks contributed to the development of counter-terrorism measures. The measures are analyzed from a legislative, technical and security point of view. The article is based on a conceptual analysis of P.C. Sederberg, combined with the United Nations Global Counter-Terrorism Strategy and argues that three significant terrorist attacks on Westgate in 2013, Garissa in 2015 and Dusit D2 in 2019 were key factors of the development and adoption of complex counter-terrorism measures. Those measures were based on the adoption of appropriate laws, development of the institutional structure and implementation of military and police counter-terrorism measures. However, changes were gradual, reactive instead of proactive. The country has learned to build the state’s capacity to combat terrorism but struggled with conflict prevention and respect for the rule of law. It succeeded with a build-up of counter-terrorism security forces able to respond effectively and on time. But, finding and eliminating the causes of the conflict, they were far behind. All three significant terrorist attacks showed the need for an appropriate combination of counter-terrorism measures. They cannot be put in use separately, otherwise, it can lead to unintended results.
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The article presents the specific features of the competitive election of professors in pre-revolutionary Russia reconstructed on the basis of studying the letters of a famous Russian legal scholar F. V. Taranovsky. Investigating this issue is directly related to the problem of restoring a complete picture of the academic culture of that time. This determines the relevance of the stated topic caused by ongoing changes of legal, socio-economic, historical and cultural nature. The study is based on the analysis of a set of written sources, including letters, telegrams, and postcards sent by Taranovsky to the Dean of the Faculty of Law of Yuryev University, V. E. Grabar, from December 1907 to September 1909. The work is based on the principles of historicism and the value approach, highlighting individual phenomena of the past that are of primary importance for the current stage of development of society as a whole and historical knowledge in particular. The biographical method was mainly used for studying and describing the procedure of the faculty election of a candidate for a vacant professorial chair with its inherent specificity determined by the legislation of the Russian Empire, the established rules for reviewing and discussing the candidates, as well as the personal characteristics of the elected and the electing ones. The presented material and the conclusions drawn from the obtained results are an important contribution to studying one of the important aspects of the academic cultural tradition in prerevolutionary Russia and an important complement to the known biographies of some early-twentieth-century Russian professors.
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The Protection from Domestic Violence Act stipulates an obligation for police authorities to monitor the implementation of protective orders, by means of which the court has imposed certain measures for protection from domestic violence. The failure to comply with such an order carries the features of a crime, as provided for in the Bulgarian Criminal Code. When a police authority finds that there is a violation of a protective order, the enforcement of which it must monitor, it is obliged to detain the offender and immediately notify the prosecution authorities. Detention by police authorities is administrative in nature, as the relevant provisions of the Ministry of the Interior apply.
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This article performs a critical analysis of the changes in legislation upon the application of some development plans. It outlines the differences in the course of the settlement of the current issue. Emphasis is put on the evolution of the regulation of this subject. Also, some of the legal matters that have arisen and their resolution in legal practice and science are reviewed. As a result, the paper represents a sketch of and a topic for further discussion on the matter.
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The constitutional status of the official cabinet is regulated in the Bulgarian Constitution as a decision not to leave the state without management, without executive power, as well as to guarantee the electoral process in order to hold fair elections. The purpose of this report is to once again clarify the constitutional status of the caretaker government, and to comment on the precedent in the last two years of administration of caretaker governments.
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This paper traces the changes that occurred in the structure and functioning of the Bulgarian lawyers’ community in the late 1940s and early 1950s. The changes in the regulatory framework, which was based on the Soviet model, testify to the gradual distancing of the legal profession from the idea of being free and independent (existing before 9 September 1944) and to its transformation into a profession controlled, planned, and directed by the state. An important feature of the process of reorganization of the lawyers’ community was its cleansing from persons politically inconvenient for the regime. Changes in the organization and activities of the lawyers’ community were an integral part of the process of building the totalitarian state. They were carried out under the leadership and direct control of the Bulgarian Communist Party.
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Intuitive-creative criminalistics is an approach in criminal investigations that emphasizes the importance of intuition, creativity, and unconventional thinking in solving crimes. This approach deviates from traditional, strictly analytical methods, giving investigators the freedom to use their instincts, experience, and imagination in interpreting evidence and understanding criminal activities. The key element of intuitive-creative criminalistics lies in the ability to recognize patterns and connections that are not immediately apparent. This includes analyzing the behavior of suspects, understanding psychological motives, and utilizing innovative techniques to reconstruct crimes. This approach also promotes multidisciplinary work, where experts from various fields such as criminalistics, law, psychology, forensics, and sociology collaborate to gain a more comprehensive insight into criminal cases. Through the analysis of works and books previously published by authors, with only the citation of sources, we will attempt to relate the aforementioned inductive-creative criminological thinking. Intuitive-creative criminalistics acknowledges that standard procedures and logical analysis are not always sufficient to solve complex or unusual crimes. The focus is on flexibility, openness to new ideas, and the ability to think 'outside the box.' The approach is particularly useful in cases where conventional methods are inadequate or when evidence is unclear or incomplete. By combining intuition and creativity with rigorous analysis, intuitive-creative criminalistics helps in discovering new avenues in investigations, which can lead to innovative solutions and more successful resolution of crimes.
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The paper provides an overview of the recent case-law of the Constitutional Court of the Republic of Croatia, which refers to the defendant's waiver of the guarantees of a fair trial as guaranteed by Article 29 of the Constitution of the Republic of Croatia and Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The right to a fair trial does not prevent the parties to the proceedings, including the defendant, from waiving his or her entitlement to the guarantees of a fair trial. The waiver may be explicit, or it may result from certain behavior of the defendant. However, in order to be effective, it must meet certain standards that have been developed by the European Court of Human Rights.
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Drug abuse constitutes a significant societal and health challenge in the Republic of North Macedonia, the broader region, and globally. The detrimental consequences, stemming from both direct and indirect effects, profoundly impacted individuals, families, and society, extending to jeopardizing state security. The paper aimed to scrutinize the implementation of the criminal legislation of the Republic of North Macedonia concerning the prevention and detection of criminality involving narcotic substances (drugs) and the penalization of offenders engaged in illegal trafficking and unauthorized production of drugs. Employing the theory of change, which centered on identifying realistic positive transformations in the short and long term, coupled with applying the statistical method, the paper offered an overview of the number of criminal offenses. This overview was based on the official statistical data the Ministry of Internal Affairs provided for 2017 to 2022. Subsequently, the paper extended its focus to international cooperation, engaging in a comprehensive discussion on preventing and detecting criminality involving narcotic substances.
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