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International Cooperation on Law against Terrorism: The Harmonization of Antiterror Laws of Turkey and Macedonia

Author(s): Fehmi Agca,Nikola Dacev / Language(s): English Issue: 1/2016

The number of terrorist attacks has been steadily increasing in the past decade. Also, the number of countries exposed to the threat of terrorism is increasing. Terrorism is getting more momentum and wider proportions. Most countries have adopted new legal provisions against the terrorism. The new technologies enable terrorist groups to attract new members, to develop new techniques, to transfer money for financing terrorism, to reach easier worldwide communication and movement between countries. Taking into account the extent of terrorism, the new anti-terrorism legislation is necessary for the prevention of terrorist attacks in future. But, at the final stage, the success of the new legal framework will depend on the international cooperation and good faith and honesty of the global powers. The aim of this article is to review the anti-terror legislations in Turkey and Macedonia, UN Security Council resolutions and EU conventions related to terrorism. In this context, a comparative method of legal research is used to determine the applicability of the existing legislation that regulates this issue.

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Crime Prevention Techniques and Crime Prevention in Turkey

Author(s): Ufuk Ayhan / Language(s): English Issue: 1/2016

Conceptually, security concept is always tend to expand its own limitations. Current global events, emerging new situations and resulting needs in this area often make the changes obligatory and inevitable. Today, the fight against crime and criminality follows a path which aims to identify and clarify the crime beginning from the emergence of the criminal activity until the capture and detention of its actors, and finally dealing with them through judicial process and prison. However, often its social costs and damage as well as its impact on the sense of trust in the community have been ignored. This study analyzes and assesses modern techniques which are available to use against criminal activities and organizations.

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Opsada Sarajeva i pravna odgovornost Vijeća sigurnosti Prema povelji UN

Author(s): Vladimir-Đuro Degan / Language(s): Croatian Issue: 1/2016

Responsibility in law and in international law in particular, can occur by conduct consisting of an action, but also of omission by an organ in situation in which its action is necessary for preventing an internationally wrongful act. The responsibility of the UN Security Council for the maintenance of peace and security in Bosnia-Herzegovina and Croatia between 1991 and 1995 primarily results from its omission to undertake efficient measures in order to avert aggression and large-scale international crimes. This paper presents numerous Security Council resolutions dealing with the war in Croatia and Bosnia-Herzegovina, and especially with the siege of Sarajevo. From originally an observer mission, it was later on entrusted with the peace-keeping, but never with a clear mandate sufficient for performing its rapidly expanded duties. It was never authorized to use force beyond that required in self-defense, and in order to secure the transportation of humanitarian aid. For instance, the city of Sarajevo was surrounded by the Serbian troops from April 1992 to September 1995 with enormous sufferings of civilian population, thus even longer than the siege of Leningrad during World War II. The genocide in Srebrenica that happened in June 1995 was not prevented, although there were sufficient weapons, but not the will to do that. Therefore, that peace-keeping mission in BosniaHerzegovina was a fiasco for the UN, the same as that in Somalia in 1993. During the open attacks of the Former Yugoslav People’s Army (JNA) in Croatia (in Vukovar, other Podunavlje areas, and Western Slavonia), a general and complete embargo was imposed on all deliveries of weapons to Yugoslavia by Resolution 713 of 25 September 1991, which was not lifted before the end of 1995. This non-selective measure soon proved to be counterproductive. It was favorable for the Serbian side in the conflict that had unlawfully seized the largest quantities of weapons of the former JNA, and frustrating for its victims who often did not have any means of defense. Consequently, the embargo, in fact, merely prolonged the conflict in Croatia, and particularly in Bosnia-Herzegovina.

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Prikaz knjige: Prof. dr. Miomira Kostić, doc. dr Darko Dimovski, dr Filip Mirić: “Maloljetnička delikvencija kroz prizmu novinskig izvještaja u dnevnom listu ‘Politika’ 1904-1941.”

Author(s): Marina M. Simović / Language(s): Bosnian Issue: 1/2016

Review of: Prof. dr. Miomira Kostić, doc. dr Darko Dimovski, dr Filip Mirić: “Maloljetnička delikvencija kroz prizmu novinskig izvještaja u dnevnom listu ‘Politika’ 1904-1941.”, Centar za publikacije Pravnog fakulteta Univerziteta u Nišu, Niš, 2015, str. 316

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Problemy systematyzacyjne związane ze zróżnicowaniem zachodzącym pomiędzy dekretem poszczególnym a reskryptem w Kodeksie Prawa Kanonicznego z 1983 r.

Author(s): Ginter Dzierżon / Language(s): Polish Issue: 3/2015

In the presented study, the author by analysing the content of the definition of legal decrees and rescripts codified in can. 48 and 59 §1 of the CIC, pointed out that these regulations do not contain any explicit components differentiating these categories of acts. In his opinion, the assumptions contained in the definitions do not fully fit many system solutions formulated in other code regulations.The author of the article proved that the difference between the two categories of acts mentioned in the title becomes clear in their formal aspect because a decree in order to be valid should be issued in a written form. In the case of rescripts, however, the legislator departs from this requirement allowing oral legal effectiveness of this type of legislation. Nonetheless, according to the author, the difference between these two categories of acts is not substantial since, in this case, it only concerns the formal aspect of an act.

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Recenzie

Author(s): Patrik Kunec,Ondrej Ficeri,Lucia Tokárová / Language(s): Slovak,English Issue: 2/2014

HEČKOVÁ, JANKA A KOL. K REÁLIÁM STAROVEKÉHO RÍMA. WEGER, TOBIAS – GÜNDISCH, KONRAD. KASCHAU / KOŠICE: EINE KLEINE STADTGESCHICHTE. FABOVÁ, BERNADETA – JANČURA, MIKULÁŠ (EDS.). STRETNUTIE MLADÝCH HISTORIKOV II. PRIESEČNÍKY SPOLOČNEJ HISTÓRIE KRAJÍN V4. ZBORNÍK PRÍSPEVKOV Z 2. VEDECKEJ KONFERENCIE MLADÝCH HISTORIKOV (DOKTORANDOV A VEDECKÝCH PRACOVNÍKOV).

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РЕГИОНАЛЬНОЕ ПРАВОВОЕ ПОЛЕ ФУНКЦИОНИРОВАНИЯ СМИ ТАТАРСТАНА (НА ОСНОВЕ АНАЛИЗА ЗАКОНОДАТЕЛЬНЫХ АКТОВ РТ С 2000 ПО 2010 Г.)

Author(s): Diana Anvarovna Nurieva / Language(s): Russian Issue: 4/2015

Regional media depend on the general state media policy. However, each territorial subject is characterized by the specific relations between media and state authorities. The legislative acts of the Republic of Tatarstan are considered in this paper as one of the aspects influencing the state policy in the field of regional media. The performed analysis makes it possible to single out the main features of the relations between regional authorities and journalistic community based on the most unbiased sources, i.e., official documents held by state authorities. The priority areas of the state policy, as well as agenda and topics in the content of regional media can be explored without any bias from legislative acts. This investigation also aims to establish the most complete list of sources to study the state media policy for further research on the selected issue.

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«ДИАЛОГИ О ВЛАСТИ»: ВЗГЛЯДЫ КАРЛА ШМИТТА НА ГЕНЕЗИС ВЛАСТИ И ЕЁ РАЗВИТИЕ

Author(s): Georgiy Nikolaevich Zhikharev,Mauro Mazzucchi,Liliya Ahatovna Ganeeva,Viktor Nikolaevich Gavrilov / Language(s): Russian Issue: 6/2015

The paper is devoted to “Dialogues about Authority” written by Carl Schmitt, the outstanding German lawyer, politician, and thinker of the 20th century. This work is still increasingly relevant. Modern researchers in the sphere of law, philosophy, and political science often refer to the creative heritage of Carl Schmitt, considering him “today’s Macchiavelli”. We made an attempt to analyze and translate Carl Schmitt’s “Dialogues about Authority” from the Italian language, into which it was transferred by Pierangelo Schiera (Trento, Italy), a Carl Schmitt’s colleague and professor of law.

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ИНСТИТУЦИОНАЛЬНЫЙ ПОДХОД К ПРАВОВЫМ ЯВЛЕНИЯМ

Author(s): Anatoliy Vasilyevich Kurochkin / Language(s): Russian Issue: 6/2015

This paper analyzes the main approaches to the institutional method of studying legal phenomena in Russian legal science. The attention is focused on the problem of understanding the essence of legal institution. It is established that treating laws and legal institutions as interchangeable concepts is currently an archaism in legal science, which impedes the development of the idea of institutions as the basic legal categories.

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РОЛЬ КОНСТИТУЦИОННЫХ И УСТАВНЫХ СУДОВ В РАЗВИТИИ ДОКТРИНЫ НОРМАТИВНЫХ ПРАВОВЫХ АКТОВ (НА ПРИМЕРЕ ПАРЛАМЕНТСКОГО РЕГЛАМЕНТА)

Author(s): Gulnara Rushanovna Khabibullina / Language(s): Russian Issue: 6/2015

The rules of the legislative (representative) body of state authority in the subjects of the Russian Federation form a relatively independent group of normative legal acts, the nature of which is controversial. The theory of normative legal acts is focused, as a rule, on problems concerning their development, practice, and implementation. The practice of constitutional (statutory) courts complements the scientific view of nature, content, and characteristics of parliamentary rules.

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О ЗАИМСТВОВАНИЯХ ИНОСТРАННЫХ ЮРИДИЧЕСКИХ КОНСТРУКЦИЙ В РОССИЙСКОМ ГРАЖДАНСКОМ ПРАВЕ

Author(s): Kamil Maratovich Arslanov / Language(s): Russian Issue: 6/2015

Modern Russian civil law is being influenced by the foreign legal experience. This is because of the relative youth of modern Russian law, which has its roots in the early 1990s. Numerous foreign legal constructions were fixed in Russian legislation without due adaptation to the legal traditions of Russia. The paper considers criteria for the appropriateness of borrowings from the foreign legal experience. The conclusion is made about the necessity to use the foreign legal experience in accordance with the Russian legal traditions established in the 19th–20th centuries in order to preserve the originality of national law.

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УЧАСТИЕ ГОСУДАРСТВА В ГРАЖДАНСКИХ ПРАВООТНОШЕНИЯХ

Author(s): Vladimir Alekseevich Babakov / Language(s): Russian Issue: 6/2015

The paper is devoted to the study of issues on definition of the legal capacity of the state as a participant of civil-law relations, an area that needs improvement of the legal regulation. The aim of the paper is to determine the legal capacity of the state with regard to the threetiered system of its involvement in civil relations, as well as to consider problems concerning the responsibility of officials for actions of the state and its bodies. The conclusion is made about the need to ensure accountability of officials for harm caused by the state.

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КОНЦЕПТУАЛЬНЫЕ ОСНОВЫ РАЗВИТИЯ ГРАЖДАНСКОГО ЗАКОНОДАТЕЛЬСТВА РОССИЙСКОЙ ФЕДЕРАЦИИ

Author(s): Evgeny Valeryevich Vavilin / Language(s): Russian Issue: 6/2015

The paper considers the main trends for improving the current civil legislation, which are reflected in the Civil Law Development Concept of the Russian Federation. The systemic changes in the Civil Code of the Russian Federation and other federal laws are analyzed. Suggestions are made concerning further modernization of the current civil legislation.

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О МЕТОДОЛОГИИ НАУКИ ГРАЖДАНСКОГО ПРАВА

Author(s): Grigorii Vcheslavovich Kolodub / Language(s): Russian Issue: 6/2015

The paper is devoted to the currently unsolved problem of correlation between provisions of the methodology of theory of state and law and the methodology of civil law. Logical justification of the inter-sectoral property on the raised problem seems to be an obligatory aspect of the highly topical issue of civil law, i.e., the system of categories of civil law science. The conclusion is made that the study of problems marking the independent and exclusive subject of civil law in the field of private science requires that there should be efficient selection of the necessary methodological components, as well as adjustment and modification of particular methods.

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ПРАВА РАБОТНИКА И ПРЕДЕЛЫ ИХ ОСУЩЕСТВЛЕНИЯ

Author(s): Larisa Sergeyevna Kirillova / Language(s): Russian Issue: 6/2015

The paper is devoted to peculiarities in the realization of subjective rights by the employee through unilateral actions. Considering the fact that these rights provide substantial benefits to the employee over the employer, limits of their realization are considered.

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ОТРАСЛЕВОЕ ОПРЕДЕЛЕНИЕ ПРАВОСПОСОБНОСТИ И ДЕЕСПОСОБНОСТИ В СЕМЕЙНОМ ПРАВЕ

Author(s): Elena Vladislavovna Kosenko / Language(s): Russian Issue: 6/2015

The paper analyzes the current legal doctrine of natural and entity persons in civil and family laws in terms of their comparative analysis and sectoral characteristics. Discussion on the suggestion to waive the mainly civil approach to definition of the legal and active capacity is encouraged. This led to the suggestion that the sectoral theoretical conclusions can be brought in line with the general theory of law. The modern scientific material on the theory of law is used. Innovative suggestions in this area of knowledge are presented. An attempt is made to extend particular suggestions to the area of family law. We introduce our own definition of such sectoral concepts as legal capacity and active capacity. The necessity of their determination based on a thorough analysis of research works of both Soviet and current periods in the development of legal thought is proved.

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АКТУАЛЬНЫЕ ВОПРОСЫ СУДЕБНОЙ ПРАКТИКИ ПО ПРИМЕНЕНИЮ МЕР ОТВЕТСТВЕННОСТИ ЗА НЕНАДЛЕЖАЩЕЕ ИСПОЛНЕНИЕ АЛИМЕНТНЫХ ОБЯЗАННОСТЕЙ

Author(s): Olga Nikolaevna Nizamieva / Language(s): Russian Issue: 6/2015

The paper is devoted to the study of urgent problems which appear as courts apply the rules on responsibility for improper fulfillment of alimony obligations. In order to secure the judicial practice uniformity, it is suggested to improve the legal regulations on application of material sanctions for the delay or failure to fulfill alimony obligations.

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АКТУАЛЬНЫЕ ПРОБЛЕМЫ РАССЛЕДОВАНИЯ МОШЕННИЧЕСТВА С ИСПОЛЬЗОВАНИЕМ КОМПЬЮТЕРНОЙ ИНФОРМАЦИИ

Author(s): Igor Olegovich Antonov,Anatoly Nikolaevich Shalimov / Language(s): Russian Issue: 6/2015

The main characteristics in the development of methods used for forensic investigation of fraud committed by using computer information are analyzed in the paper. It is substantiated that the efficiency of investigation of this type of fraud depends largely on the quality of interaction between various state law-enforcement bodies themselves and with non-state structures that are specified for preventing crimes in the sphere of telecommunications and computer information. Identification of current problems associated with the organization of counteraction to fraud committed by using computer information will favor optimization of measures aimed at preventing this type of fraud.

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ПРАВОВОЙ СТАТУС ОСУЖДЁННЫХ К ПРИНУДИТЕЛЬНЫМ РАБОТАМ

Author(s): Lidia Vasilevna Bakulina / Language(s): Russian Issue: 6/2015

Adoption of suspensive regulations when introducing new penal sanctions is subjected to criticism. The legal status of persons sentenced to imprisonment and penal labor is considered from the point of legal comparativistics. Similarities are found between serving the imprisonment sentence as penal labor and in penal colonies. Therefore, it is suggested to introduce a new denomination – custodial restraint with compulsory assignment of the sentenced person to labor instead of penal labor.

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ПОНЯТИЕ, КРИТЕРИИ ДИФФЕРЕНЦИАЦИИ УГОЛОВНОЙ ОТВЕТСТВЕННОСТИ И ВОПРОСЫ ЕЁ РЕАЛИЗАЦИИ В УГОЛОВНОМ КОДЕКСЕ РОССИЙСКОЙ ФЕДЕРАЦИИ

Author(s): Alexander Yurevna Bokovnya / Language(s): Russian Issue: 6/2015

Some problematic issues concerning the nature and socio-legal purpose of differentiation of the criminal responsibility are considered as the main directions of modern criminal policy. The grounds and types of differentiation of the criminal responsibility, its relation with allied institutions, including the conditions of its individualization, are defined.

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