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This book is the result of a two-year journalistic investigation that traces the history of Corporate Commercial Bank from its origin to its bankruptcy (1994-2014). The investigation was conducted on the basis of dozens of meetings with direct participants or witnesses of the events, representatives of state structures, political parties, business, regulators. In the process, hundreds of official and informal documents have been analyzed. Access to information by Bulgarian and international organizations has been requested many times. The collected facts, data, documents, and exclusive testimonies included in this book contain for the first time conclusive evidence of political corruption in Bulgaria. The aim of the KTBfiles project is to show the genesis of the "CCB model" (Corporate Commercial Bank model) and the technology of its expansion to magnitude, which pressed all key state institutions to the wall. The book explores the circumstances that made this vicious model possible, as well as the mechanisms for its eradication. This makes the investigation much more comprehensive, multi-layered and important than the chronology of bank bankruptcy, whether it is the largest in Bulgarian history. This qualitative journalistic investigation answers not only to the question #WHO but also to the questions how, why and especially what follows if we stop asking and live permanently with civil indifference and cynicism.
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This study is provoked by one of the most significant cases of abuses over the last two decades in Bulgaria - the bankruptcy of CCB (Corporate Commercial Bank), the fourth largest bank in the country. After the 1996-1997 crisis, when one third of the banks went bankrupt, the country's banking sector collapsed. This is the second case in which huge financial resources "evaporated" and the negative consequences affected a wide range of public institutions and private subjects. The emergence of periodically recurring financial crises, with multiple impacts on public, economic and political life, motivates Transparency International Bulgaria to look for a systematic response to the problem and look beyond the specific case. The present book is based on the analytical approach of the international anti-corruption organization Transparency International "National Integrity System" which assesses clearly defined criteria, the capacity, functioning and management of sectors and institutions with key importance in counteracting corruption. The study is based on an analysis of the legislation and practical actions of the investigated institutions, a wide range of documentary sources, reports, assessments, media publications, and interviews with experts and public figures that have had direct observations and touch with the CCB case. It reflects an attempt to formulate an impartial, objective assessment of the functioning of the banking supervisory system in the 2009-2014 periods but also pursues another objective - to serve as a starting point for policies and strategic actions to give an adequate systemic response to established deficits. Viewed through this prism, this publication expresses the ambition of the Transparency International Bulgaria to not only prevent future crises of this nature, but also to contribute to the institutional strengthening of the system of supervisory institutions in Bulgaria.
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„The Prince” was written by Niccolo' Machiavelli in the 1500s. It has continued to be a best seller in many languages. The Prince is a classic book that explores the attainment, maintenance, and utilization of political power in the western world. Machiavelli wrote The Prince to demonstrate his skill in the art of the state, presenting advice on how a prince might acquire and hold power. Machiavelli defended the notion of rule by force rather than by law. Accordingly, The Prince seems to rationalize a number of actions done solely to perpetuate power. It is an examination of power-its attainment, development, and successful use.
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Bosnia and Herzegovina is one of the few complete consociational federal states. Under the „complete“consociational federation I deem the one which contains all or almost all features of the federation and consociational democracy. The ethnic federalism can't be considered as the equivalent of the consociational federation. Other ethnic federations, with the exception of Belgium, could be at best understood as semi-consociational federations. In Bosnia and Herzegovina, the federalism is complemented with consociational principles, not only regarding the composition of the institutions, but also, which is particularly important, regarding the methods of decision-making. It is hard to achieve consequent realization of all principles of the federation and consociation. This was the problem which the constitution-maker in Bosnia and Herzegovina had to face with. The general conclusion, drawn after the analysis of the composition, method of election, and method of decision-making of the institutions of Bosnia and Herzegovina, is that the principles of consociation dominate over the principles of federation, although this conclusion is not without exceptions.
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In the Paper I examine the role of the Constitutional Court in profiling the federal structure of Bosnia and Herzegovina. Although the Court has missed the opportunities to define Bosnian state as a federation, it has treated it as such, by, for example, indicating the comparative experience of federal states when resolving different cases. Furthermore, I discuss how the Court interpreted the supremacy clause (which proclaims supremacy of the state over entities) and where it failed to do so. When it comes to the competence division between state and entities, the Court has played important role in expending exclusive competences of the state, strengthening state institutions and introducing common competences, precisely framework legislation, which is unknown to the Constitution. On the other hand, the Court failed to introduce unwritten constitutional principle of “federal comity”, especially regarding sensitive issues such as foreign policy. Finally, I discuss how the Court has profiled a cooperative federalism in Bosnian constitutional law and what legal and political consequences it has for the country.
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Information is an outcome of human cognition, and hereby an outcome of progress, economic, cultural and moral prosperity of the society. However, prosperous society can be only politically stable society in which mutual rights and obligations of citizens and state are definite. Thus, the role of the Court, in the society that is politically organised by the system of division of authority on legislative, executive and judicial power (Montesquieu – L`ésprit de lois) is to resolve conflict situations in the society, and court verdict- verification of legal order, in an authoritative way. Contribution judges can give to the rule of law is immeasurable. Therefore a judge must be a person of public thrust, since „going to the judge means going to justice“, a central virtue of the society which pleads to be open, civic and democratic. Publicity principle is an integral part of wider international standard, of capital significance for the affirmation of rule of law- right to a fair and public trial, in reasonable time limit, in front of independent and impartial court, established by the law. Previous statement, clearly, implies the conclusion-publicity is an attribute of justice. On the other hand, freedom of information is an attribute of freedom of expression, or free public dialogue about all issues being of public interest, and in the concrete case- about circumstances related to the work of courts. Since only a citizen who has access to information, being an original protagonist of sovereignty, can express his opinion. Mistakes made during reporting on work of courts are ample and diverse. Fundamental disregard of place and role a court has in society, especially in relation to the police, prosecutor’s organisation and advocacy, leads to major mistakes in terminology that is being used. Domestic normative framework which regulates the correlation between those two categories of human rights and freedoms, that are in focus of author’s interest in this text, is given in Charter on human and minority rights and civic freedoms, representing an integral part of the Constitutional charter of the State Union of Serbia and Montenegro, Constitution of the Republic of Montenegro, Criminal procedure code, Law on litigation, Law on media and Court standing orders. It should be emphasized, that according to Article 10 and Article 16 of the Constitutional charter of the State Union of Serbia and Montenegro, ratified and published international agreements on human and minority rights and civic freedoms, make an integral part of domestic legal system, thus, nota bene, have more important status than domestic regulations and are applied directly. Freedom is illusory and theoretical, instead of being efficient and real, if the citizens do not have free access to information that are on disposal to public bodies. Only cognition opens new horizons in attaining the self-conscious freedom.
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U Evropi se odavno ustalila tradicija da se izučavanje svakog pravnog sistema započinje utvrđivanjem njegovih izvora. Naime, veoma je teško, ako ne i nemoguće, govoriti o nekom pravu, a da se istovremeno ne zna odakle ono potiče. Komunitarno pravo, odnosno pravni sistem Evropskih zajednica, nije u tom pogledu izuzetak.
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Potražićemo odgovore na sljedeća pitanja: kako se u praksi usklađuje nacionalno zakonodavstvo država, zemalja članica ili trećih zemalja, s propisima EU? Kako se usklađuje zakonodavstvo zemalja koje pristupaju EU i zemalja kao što je naša, kako se to radi na nivou Republike Srbije? Bitno je istaći da proces ulaska u EU dobrim dijelom znači proces preuzimanja propisa, zakonodavstva, odnosno standarda EU izraženih kroz zakonodavni proces.
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In this paper, the intention is to reexamine the concept of the fourth branch, together with the independent control bodies and criticism of the separation of powers in modern theory. The author explains the debate about the Fourth branch at the theoretical level and the normative-institutional level. Separation of powers is the most important constitutional and political theory. According to this theory, the right organization of government guarantees the freedom. In constitutional law, separation of powers is the criteria for the constitutionalization of the highest state authority and the classification of political systems. Combined with other ideas and theories, it is a necessary condition for the rule of law and democracy. That is why it has an important place in a liberal state and is applied in most legal systems. The separation of powers, which until the middle of 20th century had the status of a myth, is strongly contested in modern theory. Criticism has identified its shortcomings. Classical theory is outmoded and not adapted to reality., that is, it is unable to fulfill its role in balancing the branches of state power and protecting human rights. Meanwhile, from the second half of the 18th century, a number of institutions and constitutional structures emerged that were not covered by the traditional separation of powers. The mode of the functioning of the executive power has changed with the emergence of a professional and depoliticized bureaucracy. Independent agencies exercise regulatory and control powers, tasks distinct from the legislative, executive and judicial functions. The reconstruction of the division of power means that instead of of a trichotomous scheme of government, we have a fourth branch of state government. The origin of this idea is in the United States of America. The development of the Administrative state and public agencies has fueled the debate about the "new" separation of powers and independent institutions. In other parts of the world, this debate has not had such intensity. The concept of the fourth branch did not arouse much interest in Europe, a opposed to some African countries and in some Latin American countries which came as result of changes in public policy. Independent monitoring institutions were given a special constitutional role under the title "Institutions for Protecting Constitutional Democracy" in the Constitution of the Republic of South Africa of 1996. The main function of independent control institutions is not in management or governance, but in investigative and and regulatory functions, calling other pubic authorities to account. The author concludes that the criticism of the separation of powers is closely related to the idea of the fourth branch and independent institutions. The concept of the fourth branch has the prospect of representing a rounded systematic theory of the organization of government in the future if it overcomes its limitations.
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The observation of scientific texts from the nineteenth century, devoted to the history of Poland and the Polish language, presents a tendency to use various manners of rhetorical provenance to create a message with a specific cognitive value, persuasive power and axiological character. Interest in this phenomenon is related to reflection on the scientific language of history and the paradigm of cognitive objectivity as well as the concept of linguistic distance. The use of various figurative transformations: metaphors, metonymies, hyperbolas, comparisons and metaphorical epithets in the works of historians in the 19th century turns out to be particularly puzzling. The publication of “Starodawnych prawa polskiego pomników” (from 1865, 1870) by Antoni Zygmunt Helcel was used as illustrative material. The legal historian expressed the content related to the discipline of knowledge he practiced, the research material as well as the methods and cognitive strategy of the researcher with suggestive, expressive tropes. They are proof of the erudition of the author who knows how to use the rich resource of elocutionary linguistic procedures. They also testify to the manner of expressing content adopted in a particular communicative community. The exploitation of tropes in a 19th-century scientific text does not contradict the postulated logic of inference and research intuition. As a result, an image of the nineteenth-century scientific discourse in the history of law is created in which the author does not avoid expressing his views clearly, unambiguous and expressive criticism, pictorial presentation of concepts and problems, and metaphorical determination of historiosophical foundations and historical ideas. At the same time, he declares and adopts the attitude of impartiality and objectivity.
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Conferința științifică internațională a Academiei de Poliție International Scientific Conference of Police Academy ,,Alexandru Ioan Cuza” Bucharest
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The scientific report regards the figure of the executive list as the main document in the executive proceedings and emphasizes its development on the basis of the rule of law and the rule of law. A brief overview of the topic of the digitisation of justice, the current stage and future projections, as well as a possible transition to electronic court acts, including executive lists, has been carried out.
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It is a theoretical and practical difficulty to re-examine the relationship between Confucianism and modernization in the era of "cultural globalization" and "postmodern". This study claims that the connection between Confucianism and modernization is determined by the continuity of social development and the historical inheritance of culture, based on the historical perspective and the enlightenment spirit of Confucianism. Even at the start of East Asia's modernization, Confucianism's Tradition never entirely faded from history, and Confucianism's involvement in the transformation of East Asian countries from tradition to modernity is obvious. From East Asia's authoritarian politics to Asian-style democracy, East Asia's political democracy is a shadow of Confucianism rather than a carbon duplicate of Western democracy. The new Confucian ethics has its own logic, emphasizing the importance of the self in all sorts of relationships, as well as the sense of obligation, self-control, self-cultivation, consensus, and cooperation. It places a great importance on politeness and education. It is mostly concerned with the credit community and government leadership. The "new Confucian ethics" incorporated some western principles into its ethical structure, resulting in the formation of a new modernity: East Asian industrial civilization, which aided East Asia's economic prosperity. Indeed, Confucian principles have shaped Chinese merchant culture and spirit in both traditional and modern periods, and the birth and shift of new ideas in Confucianism have the potential to disrupt the tradition. Confucianism will confront greater obstacles as well as more development prospects as society develops and there is more interaction, communication, and dialogue among many cultures around the world. Therefore, this paper presents the close relationship between the Neo-Confucian Ethics and the rise of Asia from the perspective of the modernity of the Confucian tradition in East Asia and Asian political democracy. Neo-Confucian Ethics has shaped Asia's industrial civilization, and Asia's economic development is consistent with the philosophical theory inherent in Confucian ethics.
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The rule of law is an essential concept, considering the state's submission to the legal norms established at the national level, being known, over time, under different names: rechtstaat, l'état de légalité, rule of law. The regulation and effective implementation of this principle make the difference between democratic and totalitarian regimes. The present paper aims, first, to define the notion of the rule of law, as well as the requirements that it implies. The aim is then to establish the legal framework of the rule of law in the European Union. The second part of the exposition emphasizes the application and the concrete defense of the analyzed principle by the institutional structures of the European Union. The article is of real importance both for the specialists in the field and especially for the European member states of this regional organization they belong to, states whose fundamental obligation is the adequate application of the demands of the rule of law. The objectives of this article are, on the one hand, to determine the complex content of the concept of the rule of law. On the other hand, the commentary of the various positions, expressed by important Union institutions, regarding the effective defense of the rule of law was pursued.
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The contribution “Anti-state Crimes in Modern Codifications” deals with the topic of anti-state crimes during centuries. Firstly, legal concepts in the pre-state period are mentioned. Then the attention is paid on the evolution of this institute in the Euro-Atlantic area. From this point of view, there are mentioned mainly regulations from England (1351), France (1810), Germany (1871) and Soviet Union (1958) which could be remarked as the most important for the development of other countries. On the other hand, it also reminds the development of codifications in Czechoslovakia, the Czech Republic and Slovakia, which were affected by the Austro-Hungarian legislations as well as German and Soviet approaches. The Czech current arrangement generally does not depart from the other European samples, but it cannot be omitted that in the Czech Republic it is distinguished the penal concept of the high treason (Landesverrat, vlastizrada) from the constitutional concept (Hochverrat, velezrada) which is dedicated to the presidential anti-state activities. The contribution also indicates that the concept of anti-state crimes in countries has not been unified and it has been varying according to various experiences and attitudes.
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The contribution deals with current legal regulation of criminal acts against the republic. In terms of general characteristics of these criminal acts their purpose and significance is explained. In terms of a more concrete characteristics of criminal acts against the republic the focus is directed to a definition of basic concepts of facts of crime and other concepts. In the text there are mentioned also theoretical and applicational issues related to legal regulation of these criminal acts.
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The article focuses on the opinion of the jurists about the concept of rebellion (baghy) and its significance in Islamic law. The objective is to provide a short review of the issue. The article starts with a brief explanation of the lexical meaning of baghy and its position in classical texts. It attempts to shed some light on the issue of rebellion against unjust or corrupt imams, and what is the relationship between them from the perspective of the two prime sources of Islam: the Qur’an and hadith. The last part of the paper discusses the relationship between Islamic rebellion law and international law.
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In the last months, Israel faced with a very contested and divisive draft bill from the behalf of the government, putting into discussion the relation the three powers in the state. The draft bill in the parliament is aimed at limiting Supreme Court oversight of government policy has deepened social divisions and raised concerns about a possible democratic comeback. The Knesset passed a law that overturns the "principle of common sense" used by Israel's Supreme Court to evaluate government policies. This is especially the case in Australia, Canada and the UK. Judges decide whether a particular public policy is reasonable and sound. Because Israel is a parliamentary system, the proposed reforms, including weakening judicial oversight and changing the way judges are appointed, would shake the balance of power between Israel's government agencies. Opponents argue, future changes will destabilize Israeli democracy. Supporters of the reform argue the opposite, arguing that the judiciary has become an unaccountable government agency that usurps policy-making power from the Knesset and the government.
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By applying the principle of the opportunity of criminal prosecution, as a mechanism by which it is possible to eliminate minor crimes from the regular court procedure at the very beginning, the rationalization of the criminal procedure is achieved, as well as the faster functioning of the judicial system in general. Thus, in a quick and efficient way, it is "detoured" from the regular procedure for criminal acts that do not harm the public interest to a greater extent, while on the other hand, the circumstances of each individual case are taken into account, especially the personality of the perpetrator of the criminal act. The goal of introducing the principle of opportunity into criminal proceedings is to increase efficiency in criminal proceedings and relieve the courts. The principle of opportunity is interwoven with the ideas of consensual and restorative justice, the importance of which we will talk about in this paper.
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