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EDUCATION AND PARTICIPATION IN THE WORKFORCE

Author(s): Inela Hadžić / Language(s): English Issue: */2016

The latest available data on education of women was published by the Agency for Statistics BiH, like in previous years, and it has demonstrated the following: 36,939 students completed their primary education in 2014/2015, 18,246 of who were girls; 43,991 students completed their secondary education in 2014/2015, 21,402 of who were girls. 71,786 girls are attending secondary education in 2014/2015, out of the 143,881 students on the territory of the entire BiH. Therefore it is fair to say that girls and boys participate in primary and secondary education equally.

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RECONSTRUCTION OF ZAKAT IN THE INDONESIAN LEGAL SYSTEM

Author(s): Ahmad Muhasim,Hirsanuddin Hirsanuddin,Hayyan ul Haq / Language(s): English Issue: 2/2019

This study aims to explore the anatomy of the implementation of zakat and to reconstruct and to find an appropriate model law of zakat in Indonesia. Zakat can be optimized in improving and creating public welfare. The detailed analysis focused on the potentials of zakat that can be developed and manifested. The development of zakat was based on the existing of the Indonesian positive law and Islamic Law. Therefore, this study first identified and interpreted the divine values (Ilahiah values) that sourced from Qur'an and hadith. It elaborated on the legal resources from ijtihad, the fatwa from various theologians (Islamic Scholars). This study also applied normative legal research for addressing the issues related to the reconstruction of zakat norms. Meanwhile, empirical research was used to address and ascertain the societies' respond to the zakat changes. In normative legal research, this work used statutory, conceptual and case approaches. Thus, this work offers a good model of zakat management, such as zakat for a profession, zakat from fisheries products and other yields of the sea. This also reformed the model of collecting and distributing zakat.

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FINANCIAL CENTRAL AND REGIONAL RELATIONS WITHIN THE GOVERNMENT ENFORCEMENT IN INDONESIA

Author(s): Muhammad Suhardi,L Husni,RR. Cahyowati / Language(s): English Issue: 2/2019

Indonesia is a unitary state as asserted in Article 1 paragraph (1) of the Constitution of the Republic of Indonesia 1945. As a consequence of this, Indonesia dividing its territory into several regions. This study aims to analyze the form of regulation on financial relations among the central and regional governments, especially those that regulate balance funds to accelerate the equitable distribution of development. Types of normative research with legislative, conceptual, and philosophical approaches were used as the research method. In conclusion, the formulation of balancing funds between the central and regional governments prevailed so far has not yet reflected a sense of justice so that it can obstruct the occurrence of even distribution among regions.

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Borders and Border Cities in Transition: towards a Typology

Author(s): Andrzej Miszczuk,Andrzej Jakubowski / Language(s): English Issue: 1/2019

The objective of the paper is an attempt to develop a typology of border cities. The typology will focus upon geopolitical determinants and their outcomes viewed in static and dynamic terms, all in the theoretical aspect. The synthesis of both approaches enabled 18 possible types of border cities to be isolated. Three of these were discussed in the form of case studies (Cieszyn, Chełm, Przemyśl).

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Convergence of the Standard of Living in Polish NUTS 2 Regions

Author(s): Mieczysław Kowerski,Jarosław Bielak / Language(s): English Issue: 1/2019

The authors of the article made an attempt to verify the hypothesis that in 2006–2016 in Poland there was convergence of the standard of living of residents of voivodships (NUTS 2 regions). The values of the measure of the standard of living calculated by the authors by dynamic development pattern method were used to assess the standard of living in the analyzed period. Beta-convergence was verified by cross-section absolute and conditional spatial models of convergence of SAR and SARAR types. Sigma-convergence was verified by measures of dispersion and concentration of the standard of living in 2006–2016. The calculations made point to occurrence of beta- and sigma-convergence of the standard of living in Polish voivodships. However, the estimated values of index of convergence and yearly average rate of convergence of the standard of living seem to be quite high; in fact, much higher than expected. It may be a consequence of clustering phenomenon, which we probably observed.

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The Management of Border Protection in the European Union on the Example of the Eastern Border of the Republic of Poland

Author(s): Piotr Witkowski / Language(s): English Issue: 1/2019

The aim of the article is to present the synthetic instruments of managing the external protection of the European Union’s borders and to analyze the level of this protection on the example of identified threats. The current status of this problem is determined by successive immigration crises, modifications of actions taken by organized crime in the field of cross-border illegal/irregular movement of people and goods. The management of the external border protection is particularly important in Polish conditions in which the eastern border is the most important part of the land border of the European Union and the Schengen area. The conducted research allows to verify the research thesis that in relation to the eastern border of the Republic of Poland the actions taken by the European Union institutions, national authorities and uniformed formations contributed to the increase of the level of its protection, which at the same time increases the safety of cross-border movement of people and goods.

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Assessment of Economic Security of Regions. The Case of Ukraine

Author(s): Daria Andriivna Arziantseva,Nataliya Petrivna Zakharkevych / Language(s): English Issue: 1/2019

The authors propose to assess the level of economic security of regions by means of calculating the integral index of security. The proposed approach includes six consecutive steps: definition of the system of indicators affecting the level of economic security of a region; formation of a statistical array of estimated indicators; standardization of estimated indicators; calculation of weighting coefficients for each of the indicator using the expert method; determination of the intermediate and integral index of the level of economic security of a region; interpretation of the results of assessment and rating of regions by level of economic security. The proposed method was developed on the data of Ukrainian regions.

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OBRAZOVANJE I UČEŠĆE NA TRŽIŠTU RADA

Author(s): Inela Hadžić / Language(s): Bosnian Issue: */2016

Posljednji dostupni podaci o stanju u oblasti obrazovanja žena koje je izradila Agencija za statistiku BiH, kao i prethodnih godina, utvrdile su sljedeće: osnovno obrazovanje na kraju školske 2014/15. Godine okončalo je 36.939 učenika_ca od kojih je ukupno 18.246 učenica, a srednju školu u školskoj 2013/14. godini od ukupno 43.991 učenika_ca okončalo je 21.402 djevojaka. Zabilježen je podatak da srednju školu u 2014/15. pogađa 71.786 učenica od ukupno 143.881 učenika_ca na cijelom teritoriju BiH. Može se zaključiti da učenice i učenici ravnopravno učestvuju u osnovnom i srednjem obrazovanju. [...]

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PECUNIA COMMUNIS MUNICIPIUM. ФИНАНСИРАНЕТО НА МУНИЦИПИИТЕ В ИСПАНИЯ

Author(s): Maria Lourdes Martinez de Morentin / Language(s): Bulgarian Issue: 1/2019

The present work tries to provide a general vision about the incomes and expenses that the cities had to face as a consequence of the development they experienced with the concession of ius latii by emperor Vespasian. Specifically, those referred to the Flavian municipalities in the Roman province of Hispania will be named, which, in part, reflect the content of the lex for the Urso caesarian colony.

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PECULIUM И ACTIO DE PECULIO

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 1/2019

In this article the author examines the terminology related to roman peculium and the creation of the practice of providing res peculiaris, as well as the concept of peculium as a “quasi proprium patrimonium” servi/filii familias. The paper particularly considers this property given to sons and slaves, but which remains separate in the patrimonium of pater familias/ dominus with special legal framework as well as the development of actio de peculio in the praetors edict activity, namely, from the chronological point of view, between the 2nd century B.C. and the 3nd century A.D. This actio is a part of the so-called actiones adiecticiae qualitatis and it build the bases of the limited liability in commercial law.

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АCTIO NOXALIS: ЗАДЪЛЖЕНИЯ, ПРОИЗТИЧАЩИ ОТ НОКСАЛНАТА ОТГОВОРНОСТ И ХИПОТЕЗИ НА CONFUSIO

Author(s): Carmen Salcedo / Language(s): Bulgarian Issue: 1/2019

The article is dedicated to the jurisprudential debate on the validity of actio noxalis in the cases in which his holder disposes of the servus or filius familae that caused the noxal responsibility.

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STUDY OF THE EFFECTS OF PATRIA POTESTAS ON THE GOODS OF FILII FAMILIAS

Author(s): Salvador Ruiz Pino / Language(s): English Issue: 1/2019

Patria potestas deploys a great amount of effects on the persons and the goods of the roman filii familias. This study aims to approach these legal effects and brings a general investigation in the roman family law context.

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СИСТЕМАТИЧНА УРЕДБА НА СЪВРЕМЕННОТО ФИНАНСОВО И ДАНЪЧНО ПРАВО И НА РИМСКОТО ФИСКАЛНО ПРАВО

Author(s): Juan Manuel Blanch Nougués / Language(s): Bulgarian Issue: 1/2019

The article looks at Roman financial and tax law, united under the name „ius fiscale“, as distinct from „ius fisci“. Fiscal rights and obligations of individuals as taxpayers are defined. Particular attention has been paid to the tax jurisdiction and to some of the tax cases discussed by Calistrat. The author assumes that, although the regulation of fiscal issues in ancient Rome is too close to modern times, the systematics and some institutes that look nominally identical cannot be fully understood.

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ИЗПЪЛНЕНИЕ НА РЕШЕНИЯ С ПРИСЪЖДАНЕ НА ПАРИЧНА СУМА В VІІ PARTIDAS

Author(s): Adolfo Bautista Cremadez / Language(s): Bulgarian Issue: 1/2019

The „VII Partidas“ called code, is the greatest legislative work of the ius commune. In them is collected, in Spanish language, the main precepts received from Roman and Canonical law forming a corpus that would result from regulatory application until the promulgation of the Civil Code in 1889. The object of this work is to analyse the considerations of items relating to the enforcement of monetary judgments and comparing them with the regulation of the pignus in causa iudicati captum established by Antoninus Pius for the Roman process. Consideration of the Glossae of Gregorio López analyzes reflections which, in his day, caused by the Alfonso’s Code.

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СРОК ЗА ИЗДАВАНЕ НА РЕШЕНИЕ ОТ МИТНИЧЕСКИЯ ОРГАН ПО ПРИЕТО ЗАЯВЛЕНИЕ

Author(s): Atanas Simeonov / Language(s): Bulgarian Issue: 1/2019

The research covers issues related to issuing customs decisions on the application of EU customs legislation. There is currently no in-depth discussion on these issues. The practice of the administrative authorities competent to issue acts on the application of customs legislation reveals uncertainty and still ignorance of the new legal framework, which undoubtedly leads to contradictions in the judicial resolution of legal disputes. This article is part of a larger study on administrative service delivery by Member States' customs administrations in the EU and aims to clarify and analyze problematic issues.

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LAESIO ENORMIS IN MEDIEVAL SERBIA ACCORDING TO CODE OF JUSTINIAN AND IN THE SERBIAN CIVIL CODE

Author(s): Emilija Stanković / Language(s): English Issue: 1/2019

Laesio enormis is the institute of Roman law which is being implemented with certain modifications in modern legislations. It is one of a set of measures introduced by Diocletian with the aim to prevent accelerating demolition of Roman state. This institute also protected the small landowners (farmers) from decline and prevented larger concentration of land in hands of wealthy landlords by allowing the termination of a contract if the price of exchange is less than a certain sum (for instance one half) of its actual value. This measure also meant the humanization of law since it protected the interests of a weaker party. The expression “laesio enormis” came from glossators and refers to “the damage over half” (ultra dimidium iusti pretii) and in terms of terminology, it is connected to the issue of pretium iustum (the right price). The Byzantine law recognized the institute laesio enormis and applied it in a slightly changed form. Thus, in Basilicas there are rules related to the institute laesio enormis. They were modified to include the sale contracts for all goods, but remained to favorize the position of sellers. Through the Byzantine law the institute laesio enormis became the constituent part of Serbian medieval law by means of a specific compilation under the name “Justinian's Code”. Later on, the provision of this institute were include into Dušan's Code.

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РИМСКОПРАВНА ОСНОВА НА СЪВРЕМЕННАТА ЗАЩИТА НА НАСЛЕДСТВЕНОТО ИМУЩЕСТВО

Author(s): Mihail Malchev / Language(s): Bulgarian Issue: 1/2019

The article aims to present a brief analysis of the system of hereditary property protection in Ancient Rome. Historical analysis has a current sound and can be used as a starting point for improving the modern means of providing such pro-tection. A special remedy for inheritance property under Roman law is the claim of inheritance. The Roman tradition and application of this claim is characterized as the basis for its modern meaning and function. In this respect, current and dis-cussion issues related to the need for special protection of the inherited property are discussed.

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THE INSTITUTE OF COMPULSORY PORTION AS A LIMITATION ON TESTAMENTARY DISPOSITIONS IN ROMAN AND CONTEMPORARY LAW

Author(s): Novak Krstić / Language(s): English Issue: 1/2019

Compulsory portion (forced share), in the countries of the European continental legal system, is the most effective and direct limitation of the testator’s freedom of testamentary disposition. The imperative nature of legal rules regulating the area of compulsory succession ensures the protection of property rights and interests of the decedent’s close family members from excessive gratuitous dispositions mortis causa and/or inter vivos, by which they have been unjustly evaded from succession. Compulsory heirs are guaranteed the right to request their compulsory portion of the succession estate, irrespective of the decedent’s will. Roman law in the Republican era is the cradle of the compulsory succession. The institute of compulsory portion had passed a centuries-long path of its development to the Justinian law, when effective system of its legal protection was established. In this paper, the stages of development of this institute in Roman law will be analyzed, as well as the role and importance of Roman law for the development of the institute of compulsory portion in the contemporary law. Moreover, the author will analyze current trends of regulation of forced heirship in the Continental European Law (Civil Law), and reforms that have been made by European legislators in recent decades.

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НЕПРАВОМЕРНА ДЪРЖАВНА ПОМОЩ ПРИ ПРОДАЖБАТА НА ЗЕМЯ И СГРАДИ ПУБЛИЧНА ИЛИ ЧАСТНА ДЪРЖАВНА/ОБЩИНСКА СОБСТВЕНОСТ

Author(s): Ginka Simeonova / Language(s): Bulgarian Issue: 1/2019

The institute of state aid is essentially a system of rules whereby the European legal system provides a balance between support from Member States in seeking to achieve a well-functioning and stable economy and free and fair competition within the Union. This balance is a challenge for the control authorities, as it must combine the internal market principles with the willingness of individual Member States to finance their own businesses by public funds. This study will examine an interesting question related to a specific type of decisions of the European Commission concerning the granting of unlawful state aid in the sale of land and buildings by public authorities and the problems that the implementation of such a decision (as a type of Public claim) can create for the effective recovery of aid in the state budget.

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НИЩОЖНОСТ НА ДОГОВОРНАТА ВЪЗНАГРАДИТЕЛНА ЛИХВА ПОРАДИ НАКЪРНЯВАНЕ НА ДОБРИТЕ НРАВИ

Author(s): Petar Topurov / Language(s): Bulgarian Issue: 1/2019

The article examines the cases in which the contractual interest rate clause in the loan agreement is considered to be void due to a conflict with good morals (boni mores). The courts set out two criteria for verifying the validity of such a clause – its proportion to statutory interest rate and the existence of debt securities. The article criticizes this approach by offering a complex analysis of contractual rela-tions in order to proclaim the void of the contractual interest rate.

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