Bosna i Hercegovina - 15 Godina Dejtonskog Mirovnog Sporazuma. Medunarodni Simpozijum – Knjiga Sazetaka

Author(s): / Language(s): Bosnian,English

By producing his most important work "L'Esprit des lois", Montesquieu showed th at the strength of a law is in the spirit that it carries. It is of decisive importance that the law is not simply a mechanistic sum of various influences that have been gathered in one place, but that it combines historical conditions making it consistent. And then the law makes sense and only within the context of realm of reality, set in such manner, it is enforceable. The law, which would be immediately taking over the text of a 'legal science's modern state' does not seem to make sense, as equally as the composition which would be composed on the principles of aesthetics and art theory, and that would not have contained the creative impulse of the spirit of freedom. The Dayton agreement is not the law, but it represents a kind of legal document which has been derived from a certain political will. In this sense, its topicalising can not be primarily based on positive law's issues. Discussing the Dayton agreement as the legal act, unless it has been fully understood in the context of positive law, debate, on these grounds, must remain ineffective an d may not rep resen t the basis of perspective construction of Bosnia and Herzegovina as an orderly society in the state form. As an agreement th a t stopped a war, this document is more a political ac t representing a form of political agreement or a compromise that aims, above all, at the giving of a possibility for creating new perspectives of Bosnian society, which no longer should be based on conflict and violent forms of resolving political issues.

Управление на обществените поръчки в България: корупционни рискове и наказателно преследване

Author(s): Author Not Specified / Language(s): Bulgarian

Despite the legislative and institutional progress, especially in terms of increased transparency and access to data, the public procurement (PP) sector in Bulgaria continues to be associated with high levels of corruption risk. The number of irregularities uncovered by the control bodies remains considerable. At the same time there is a lack of effective investigation, while criminal cases, involving PP, are still very limited and predominantly focused on the lower levels of governance.

Съдебната реформа в България: Възможности за развитие на модерна система за регистрация

Author(s): Author Not Specified / Language(s): Bulgarian

The brochure was published for the workshop Reforming Judiciary in Bulgaria: Towards the Introduction of Modern Registration System held in September 2002. It contains the full text of the report on the opportunities for developing Central Register of Legal Entities and Electronic Registries Center in Bulgaria, developed by the CSD Task Force, presentation of the experience of Norway and other European countries as well as information on the operation of the European Business Register.

Changes and Amendements to the Privatization Law Adopted by the National Assembly in June 1994

Author(s): Valentin Karabashev / Language(s): English

Bulgaria adopted its Privatization Law in 1992 - later than the other Central and Eastern European countries. (Actually, under the provisions of other Bulgarian governmental regulations, some privatization started before the adoption of the Law; however, most enterprises became eligible for privatization beginning in mid - 1992.) The Privatization Law favors capital privatization, i.e. sale, rather than free distribution of state property. This approach was accepted because of the belief that ownership should be transferred to persons with proper management skills and the ability to provide fresh investment.

Debt-Equity Swaps In the Context of Privatization: the Case of Bulgaria

Author(s): Sophia Kassidova / Language(s): English

Bulgaria is continuing transformation towards market-driven economy in a rather strained environment - huge foreign debt burden, sustained losses due to the Gulf War and the UN embargo against Serbia and Montenegro. The establishment of private property and market-oriented legislation, and the ongoing law reform aim at promoting private sector expansion and removing restrictions to foreign capital inflow.

Доклад за оценка на корупцията 1999

Author(s): Author Not Specified / Language(s): Bulgarian

Limiting corruption in Bulgarian society calls not only for institutional and legal measures but also for establishing the rule of law. In this sense, it is of crucial importance to foster a political and economic culture based on trust and respect for public institutions, on transparency and openness in the actions of public administration, and the will to achieve stability and predictability of the economic and social environment. Coalition 2000 is an initiative of Bulgarian non-governmental organizations which was launched in the Spring of 1997 aimed at limiting corruption in Bulgarian society through a partnership between state institutions, non-governmental organizations, and individual personalities, who developed and have been implementing an Anti-Corruption Action Plan, Corruption Monitoring System, and an anti-corruption public awareness campaign. The Corruption Assessment Report 1999 follows the structure and approach of the Action Plan adopted by the Policy Forum of Coalition 2000 in November 1998. It presents a general evaluation of the state and dynamic of corruption in Bulgarian society and of the efforts to counteract it in 1999.

Доклад за оценка на корупцията 2001

Author(s): Author Not Specified / Language(s): Bulgarian

Limiting corruption in Bulgarian society calls not only for institutional and legal measures but also for establishing the rule of law. In this sense, it is of crucial importance to foster a political and economic culture based on trust and respect for public institutions, on transparency and openness in the actions of public administration, and the will to achieve stability and predictability of the economic and social environment. Coalition 2000 is an initiative of Bulgarian non-governmental organizations which was launched in the spring of 1997 aimed at limiting corruption in Bulgarian society through a partnership between state institutions, non-governmental organizations, and individuals, who developed and have been implementing an Anti-Corruption Action Plan, Corruption Monitoring System, and an anti-corruption public awareness campaign. The Corruption Assessment Report 2001 follows the structure and approach of the Action Plan adopted by the Policy Forum of Coalition 2000 in November, 1998. It presents a general evaluation of the state and dynamic of corruption in Bulgarian society and of the efforts to counteract corruption in the year 2001.

Доклад за оценка на корупцията 2002

Author(s): Author Not Specified / Language(s): Bulgarian

Coalition 2000 is an initiative of Bulgarian non-governmental organizations launched in the spring of 1997 with the aim to counter corruption in Bulgarian society through a partnership between state institutions, non-governmental organizations and individuals, who developed and have been implementing an Anti-Corruption Action Plan, a Corruption Monitoring System, and an anti-corruption public awareness campaign. The Corruption Assessment Report - 2002 follows the structure and approach of the Action Plan adopted by the Policy Forum of Coalition 2000 in November 1998. The Report contains a general evaluation of the state and dynamics of corruption in Bulgarian society and of anti-corruption efforts in the year 2002.

Доклад за оценка на корупцията 2003

Author(s): Author Not Specified / Language(s): Bulgarian

Countering corruption in Bulgaria needs to go further than institutional or legislative measures and be aimed at creating the kind of political and economic culture which is built on trust in public institutions, transparency and accountability of all actions of the public administration and a determination to achieve a stable and predictable economic and social environment. Coalition 2000 is an initiative of Bulgarian non-governmental organizations launched in the spring of 1997 with the aim to help restrict corruption in Bulgarian society through a partnership between state institutions, non-governmental organizations and individuals, who developed and have been implementing an Anti-Corruption Action Plan, a Corruption Monitoring System, and an anti-corruption public awareness campaign.The Corruption Assessment Report – 2003 follows the approach of the Action Plan adopted by the Policy Forum in November 1998. The Report contains a general evaluation of the state and dynamics of corruption in Bulgarian society and of anti-corruption efforts in the year 2003 emphasizing the anti-corruption dimensions of judicial reform in Bulgaria.

Hidden Economy Indexes in Bulgaria 2002-2015: Results and Methodological Notes

Author(s): Author Not Specified / Language(s): English

The current document presents the methodology for calculation of the Hidden Economy Indexes in Bulgaria among the population and the business, as well as the results of the surveys for the period 2002-2015. Hidden economy surveys in Bulgaria have been carried out by the Center for the Study of Democracy and the market and social research agency Vitosha Research since 2002. Based on data from these surveys, a system of synthetic measurements in the form of composite indices for assessment of the hidden economy was developed. The reason for choosing these particular indicators was to reduce the multiple aspects of the hidden economy phenomenon to a manageable number of illustrative and easy to interpret the indices. The survey questions and sub-indexes, which form the Business Hidden Economy Index and the Index of the Hidden Economic Activity of the Population, are presented in the document. The authors underline the difference between the terms official economy (legal and reported), informal economy (legal, yet unreported), illegal (black) economy (illegal and unreported) and undeclared (gray) economy (legal, formally registered, yet unreported). The last three form the composite term hidden economy.

Индекси на скритата икономика в България 2002-2015: резултати и методологически бележки

Author(s): Author Not Specified / Language(s): Bulgarian

The current document presents the methodology for calculation of the Hidden Economy Indexes in Bulgaria among the population and the business, as well as the results of the surveys for the period 2002-2015. Hidden economy surveys in Bulgaria have been carried out by the Center for the Study of Democracy and the market and social research agency Vitosha Research since 2002. Based on data from these surveys, a system of synthetic measurements in the form of composite indices for assessment of the hidden economy was developed. The reason for choosing these particular indicators was to reduce the multiple aspects of the hidden economy phenomenon to a manageable number of illustrative and easy to interpret the indices. The survey questions and sub-indexes, which form the Business Hidden Economy Index and the Index of the Hidden Economic Activity of the Population, are presented in the document. The authors underline the difference between the terms official economy (legal and reported), informal economy (legal, yet unreported), illegal (black) economy (illegal and unreported) and undeclared (gray) economy (legal, formally registered, yet unreported). The last three form the composite term hidden economy.

Италианският опит в противодействието на изнудването и рекета

Author(s): Elena Sciandra,Antonio Iafano / Language(s): Bulgarian

Extortion racketeering is a crime which spans all sections of society, poses threats to the well-being of local communities and impairs the growth and development of business. No country is immune to it, although it varies across time, space and economic context. Extortion can be perpetrated by single offenders, or it can be part of more complex criminal schemes. In this sense, the case of Italy is typical because Italian mafias systematically resort to extortion racketeering.

CONTRASTO ALL’ESTORSIONE ORGANIZZATA: L’ESPERIENZA ITALIANA

Author(s): Elena Sciandra,Antonio Iafano / Language(s): Italian

Extortion racketeering is a crime which spans all sections of society, poses threats to the well-being of local communities and impairs the growth and development of business. No country is immune to it, although it varies across time, space and economic context. Extortion can be perpetrated by single offenders, or it can be part of more complex criminal schemes. In this sense, the case of Italy is typical because Italian mafias systematically resort to extortion racketeering.

Локални инициативи срещу корупцията

Author(s): / Language(s): Bulgarian

This brochure represents an attempt to analyze and summarize the activities and results of the first stage of the Small Projects program of Coalition 2000. Following a competition held in the beginning of 1999, thirteen non-governmental organizations, most of them based in different Bulgarian town and cities, were included in the first pilot stage of the program. They include: 'Civic Council in Razgrad' Citizens Coalition, 'Stefan Stambolov' Bulgarian Youth League - Smolian, Center for the Study of Political Processes - Shoumen, 'Lecturers' NGO - Plovdiv, 'Revived Civil Society' Regional Association - Pleven, InfoEcoClub - Vratza, Black Sea Legal Community - Bourgas, 'Sexaginta' Open Education Youth Center - Rousse, as well as the Sofia-based Christian Revival Movement, the Corruption-free Society Association, the Association of Young Lawyers, the Foundation for Entrepreneurship Development, and the Bulgarian Association for Fair Elections and Civil Rights. Within a time frame of three months (April - June 1999) they conducted activities covering the whole spectrum of the anti-corruption campaign: participation in the Clean Future Public Awareness Campaign, local government monitoring, establishment of anti-corruption structures, using different instruments to expose and curb corrupt practices in the respective municipalities.Despite the fact that such a short time frame does not enable the potential of the Coalition 2000 local initiatives to be fully utilized, the experience accumulated during that time can be used to map out future spheres, forms of organization, and instruments in this new part of Bulgarian reality. This is why the brochure focuses on the practices which seem most promising for our future work. It will continue with the second stage of the Small Projects 1999-2000 program within whose framework a permanent cooperation structure will be established with local NGOs as part of the Coalition 2000 process. In a structural respect the pamphlet consists of two main sections. The first contains analyses of the pilot stage of local initiatives conducted by Coalition 2000 experts. The second section presents the so-called "best practices", as well as some sociological studies conducted by our local partners. With the stipulation that these are initiatives in their pilot, i.e. experimental, stage we recommend them as already tested instruments which could effectively be used to accomplish the goals of anti-corruption activity. A List of Activities under the Small Projects program of the 13 NGOs is appended.

Корупционни индекси. Регионален мониторинг на корупцията в Албания, Босна и Херцеговина, България, Македония, Румъния, Хърватска, СР Югославия Март 2001

Author(s): Author Not Specified / Language(s): Bulgarian

The present report outlines the key findings of the Regional Corruption Monitoring carried out in seven countries of South Eastern Europe – Albania, Bosnia and Herzegovina, Bulgaria, Macedonia, Romania, the Federal Republic of Yugoslavia (Serbia and Montenegro), and Croatia. The surveys conducted in these countries were based on the methodology of the Corruption Monitoring System of Coalition 2000 and marked the beginning of the implementation of a Regional Corruption Monitoring System. The main goal of this comparative analysis of the seven countries from the Balkan region is to show the public significance of the problem of corruption and the extent to which corruption has penetrated into the various elements of society.

Корупционни индекси. Регионален мониторинг на корупцията в Албания, Босна и Херцеговина, България, Македония, Румъния, Хърватия и Югославия Април 2002

Author(s): Author Not Specified / Language(s): Bulgarian

The report presents key findings about the level of corruption and corruption related perceptions in a cross country perspective. The analysis is based on national sample (n=1000) surveys of the population aged 18 and over in seven countries of Southeast Europe. It also includes comparative data from the 2001 survey conducted using the same methodology.

The Environmental Consequences of Military Activity

Author(s): Ramil Akhundov / Language(s): English Publication Year: 0

he military activity of m odern states poses a special danger to the ecological state due to the specificity of means and methods of achieving the set goals. However, in modern conditions, not only military operations, but also everyday activities of troops have irreparable consequences for nature. The article examines the impact of modern warfare and military activities on the structure and functioning of ecosystems. The consequences of military conflicts and daily military activities on the environment were examined. It is brought to the attention that the above-mentioned activities have an overwhelming negative impact on the structure and functioning of the ecosystem. However, it is emphasized that along with the negative impact, there is also a positive impact of military activities on environmental security. Thus, military activity was favorable for the environment under certain conditions, for example, when an exclusion zone was created, which usually led to an increase in the number or restoration of the populations. Due to the limited access to research results on issues related to military activities, information related to the impact of military operations on the environment is relatively scarce and is often studied years after the cessation of military activities and without knowledge of the initial conditions. This highlights the importance of conducting additional research on the environmental impact of military activities, which will help identify opportunities to mitigate negative consequences, while informing the development of optimal rehabilitation and recovery strategies.

Новото световно безредие

Author(s): Lyubomir Kyuchukov / Language(s): Bulgarian Publication Year: 0

The erosion of the post-war world order does not necessarily lead to the establishment of a new one, it rather creates a new world disorder. The existing order is based on international institutions (first and foremost – the UN system) and international law, but no such new ones are set up. However, the war in Ukraine will have a long-term negative effect on world’s developments: whenever and however it takes an end, provided that it does not evolve into a global conflict, we will have to face a deeply divided, confronted and militarised world, dominated by policies, based on the position of force and a fight over spheres of influence, with no mutual confidence and no prospect for political dialogue.

Mechanizm granicznego podatku węglowego (CBAM) w Polsce

Author(s): Patrycja Niemczyk / Language(s): Polish Publication Year: 0

Purpose: The introduction of the Carbon Border Adjustment Mechanism (CBAM) in Poland heralds a new era in environmental policy and trade dynamics. This chapter delves into the objectives of CBAM within the Polish context, examining its potential impact on the national economy, trade relations, and environmental commitments. Employing a comprehensive analysis, the chapter evaluates the methods by which CBAM aims to level the playing field for domestic industries while encouraging entities importing high-emission goods to develop and adopt rigorous carbon emission reduction strategies. Preliminary findings underscore the mechanism’s potential to bolster Poland’s green transition, albeit with reservations regarding challenges associated with the implementation of CBAM by entities importing high-emission goods and the resulting oversight and administrative sanctions. Design/methodology/approach: In the presented work, a qualitative approach was employed, focusing on the analysis of legal regulations related to the CBAM mechanism. The study is primarily based on a meticulous examination of legal documents. Additionally, an analysis of practical challenges associated with the implementation of CBAM in the context of real market cases was conducted to understand the potential challenges and benefits associated with this mechanism. Findings: During the analysis of the implementation of CBAM obligations, several practical challenges emerged that significantly impact the entities subject to these requirements. From a practical standpoint, many entities face hurdles in securing accurate data on emissions from their supply chains. This lack of readily available information complicates the process of compliance and introduces uncertainties in reporting. Another notable challenge is the ambiguity surrounding the transition period. The absence of clear guidelines or established procedures adds to the complexity, leaving these entities uncertain about the appropriate methods and sources for data collection. Addressing these challenges will require concerted efforts, clear guidance, and potentially revised strategies to ensure effective and efficient compliance.

Zakończenie

Author(s): Edyta Małecka-Ziembińska / Language(s): Polish Publication Year: 0