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TEORIJA PARTIZANA - UZGREDNA NAPOMENA O POJMU POLITIČKOG

Author(s): Carl Schmitt / Language(s): Serbian Publication Year: 0

Kada posebno govorim o modernim teorijama o partizanima, onda radi pojašnjenja teme moram naglasiti da stare teorije o partizanima nasuprot modernim ovde u stvari i ne postoje. U klasičnom ratnom pravu dosadašnjeg evropskog međunarodnog prava nema mesta za partizana u modernom smislu reči. On spada ili - kao u kabinetskom ratu XVIII veka - u neku vrstu lakših, naročito pokretljivih, ali regularnih trupa, ili je, kao naročito gnusan prestupnik stavljen jednostavno izvan zakona, on je hors la loi. Sve dok se u ratu zadržalo još nešto od predstave o dvoboju sa isukanim oružjem i viteštvom, to i nije moglo biti drugačije.

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Защо законите ни задължават? Сравнение между теориите за правната нормативност у Цеко Торбов и Ханс Келзен

Author(s): Simeon Efimov Groysman / Language(s): Bulgarian Publication Year: 0

Why Do Laws Obligate Us? Comparison Between the Theories of Legal Normativity byTseko Torbov and Hans Kelsen. According to Kelsen's famous view the validity of the constitution must be presupposed in order to preserve the “purity” of legal science - id est, to avoid the deducement of norms from facts. I compare this theory to its Cantian methodological roots and to the “legal criticism” of Tseko Torbov (1899- 1987). The pioneer of the Neokantian legal philosophy in Bulgaria tried to outgrow the Kantian doctrine of law. He introduced the lacking in Kant`s model basic legal principle, which functioned as a validating reason for all the “lawful” (real) norms. Its substance according to Torbov is justice. At the end of the article I explain the differences with the contrasts between Kelsen's and Torbov's views on meta-ethics.

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To What Extent Are Migrant Workers’ Rights Positioned within the Discourse of Human Rights?

Author(s): Süreyya Sönmez Efe / Language(s): English Publication Year: 0

“World community has entered into the varying degrees in to a universal community and violation of rights in one part of the world is felt everywhere…the idea of cosmopolitan right is therefore not fantastic and overstrained; it is a necessary complement to the unwritten code of political and international rights, transforming it into a universal right of humanity. Only under this condition can we flatter ourselves that we are continually advancing towards perpetual peace” (Immanuel Kant, 1795).

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Considerații privind reconfigurarea percepției conceptelor dreptului natural în lumina dinamicii sociale generate de criza Sars-Cov-2

Author(s): Claudiu Ramon Butculescu,Alexandru Florin Măgureanu / Language(s): Romanian Publication Year: 0

This article tackles some aspects related to the features of the natural law school of thought, with regard to its traditional approach, as well as possible changes in the perception of concepts drawn by this current in the field of law as a result of social changes generated by the Sars-Cov-2 pandemic. Natural law is one of the most studied school of thought in law, being based on the concept of immutable and aprioristic law. Thus, the features of natural law seem at first sight unaffected by health crises in general and therefore by the health crisis caused by the Covid pandemic 19. The vast majority of natural law theorists accept a dissociation between the features of natural law, in their pure, immutable form and the perception of these features and their applicability in the mundane universe. The perception of natural law paradigms, once almost as immutable and inflexible as the essence of natural law itself, which they reflect in a still imperfect mirror, has been influenced by the obvious perceptual changes of a social nature that the pandemic has caused in the last year and a half. Consequently, this article contains some analyzes and correlations between the social effects of the pandemic and the changes that these effects have brought to the perception of natural law. The finality of the conclusions will try to illustrate a new configuration of the perception of law. naturally in a post-pandemic and even inter-pandemic universe.

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Pandemia Covid-19 - confirmare a solidității sau vulnerabilității statului de drept?

Author(s): Viorel Gheorghe / Language(s): Romanian Publication Year: 0

The Covid-19 pandemic provided the most concrete example of vulnerability of states, systems and the rule of law: from the need to reconfigure the state functionality to the non-compliance with national laws (found both in simple individuals and, worse, to certain policy makers), to undoubted speculations and the misinterpretation of law and the presence of abuse in the individual-state legal relationships. The suggestive title of this conference is meant to highlight both the social, ethical and legal controversies, internally, and those characteristic to the foreign policy. After the Second World War, the current pandemic and the reality in the public space generated the most complex legal controversies and debates in all areas of socio-political life, including doubts about the ability of states to ensure the rule of law. Along with the undoubted emergence of a new perspective on the evolution of the law system, we are not mistaken if we join the WHO President who said that the pandemic has created more problems than the damage caused by the Second World War, in some of the documents issued by various entities within the European Union, revealing a worrying reality. For this reason, and in this specific context, the state solidity will be directly proportional to the degree of appropriation and awareness that the rule of law emerges from the constitutional order, meaning that the rule of law is established by all legal rules issued on the basis and in accordance with the fundamental law, the Constitution

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Същото, но обратно

Author(s): Mihaylina Mihaylova / Language(s): Bulgarian Publication Year: 0

In the development reference is made to oppositions and antinomies, as they are subject of consideration by philosophy and the various schools of philosophy. This paper aims to present multifacetedness of the concept of the opposite.

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Gândirea comunicațională și dreptul în contextul crizelor sociale

Author(s): Ion Craiovan / Language(s): Romanian Publication Year: 0

The communication approach transcends the divides and boundaries between scientific disciplines, it aims to propose a paradigm that not only connects them - through its characteristic of transversality, to operate joints between ”separate fields” - but also to enhance and give them a meaning, as an attempt at a globalizing perspective that allows a reinterpretation of partial contributions. (M.Miege). In this way, a model of dialogical reason is cultivated in which the starting point is no longer consciousness but communication processes. The validation of norms, institutions, rights, transcends the consciousness of any subject, resolves the tension between norm and reality. These theses, as well as others, that we refer to in this paper profoundly mark the configuration, interpretation and application of law in the context of the global society plagued by severe social crises.The communication approach transcends the divides and boundaries between scientific disciplines, it aims to propose a paradigm that not only connects them - through its characteristic of transversality, to operate joints between ”separate fields” - but also to enhance and give them a meaning, as an attempt at a globalizing perspective that allows a reinterpretation of partial contributions. (M.Miege). In this way, a model of dialogical reason is cultivated in which the starting point is no longer consciousness but communication processes. The validation of norms, institutions, rights, transcends the consciousness of any subject, resolves the tension between norm and reality. These theses, as well as others, that we refer to in this paper profoundly mark the configuration, interpretation and application of law in the context of the global society plagued by severe social crises.

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Criza sanitară SARS-CoV-19 – criză a Dreptului?

Author(s): Cristian Neacsiu / Language(s): Romanian Publication Year: 0

Having in our minds the consideration that times of trials are times of reckoning, and in the case of the health crisis generated by the SARS-CoV-2 pandemic situation, the multi-dimensional test that this unique biological situation has brought upon humanity, in a sine qua non manner it was one at least mediated by Law at least in the sense of mitigating and reducing the effects of this scourge. If on the one hand, medicine through its medical solutions, medical practice, respectively the corpus of doctors was and it is the direct solution to suppress the SARS-CoV-2 pandemic crisis as a solution that takes place in pysical reality of common sense, on the other hand, the Law has the value of the main conceptual tool as the virtual weapon of the fight against this pandemic crisis through the very imperative measures that it can order in all sectors of social life as a prerogative of legal force, equity and last but not least, Morality – as elements which illustrate the systemicity owned.

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ПОСТАНОВЛЕНИЕТО

Author(s): Maria Slavova / Language(s): Bulgarian Publication Year: 0

The nowadays Bulgarian legal world has created an unique phenomenon, the domain of which is on the boundary between public and private law. This is usually an act of the Council of Ministers, but its scope is entirely private, artificially combining civil, commercial, financial and European law. The purpose of the decree in its new performance is to cover up the abuse of power by elected persons and civil servants and violation of the public interest. The hybrid nature of the decree creates ambiguity and impedes the immediate reaction to the realization of the responsibility of its authors and the imposition of penalties.

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Унищожаване на информацията, получена от прилагането на специални разузнавателни средства в досъдебната фаза на наказателното производство

Author(s): Dimitar Rumenov Popov / Language(s): English,Bulgarian Publication Year: 0

The article examines the obligations of the authorities requesting, providing and applying special intelligence means (SIR) to destroy the information obtained as a result of the application of SIR, regardless of whether it is explicit or classified information.

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Марксизм в структуре уголовно-правогого мышления

Author(s): Alfred Ernestovich Zhalinsky / Language(s): Russian Publication Year: 0

This article examines the epistemological problems of criminal-law science and Marx's method, which continues to develop today and is consistent with contemporary criminal law thinking. Addressing Marxist theory will help resolve many pressing and complex questions of criminal law, i.e. the range of protected values; the relation of interests of different social groups, the legitimate repression and its consequences, etc.

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Stosowanie nietypowych form zatrudnienia z naruszeniem prawa – wprowadzenie do dyskusji

Author(s): Tomasz Duraj / Language(s): Polish Publication Year: 0

The aim of the chapter is to introduce the reader to the issue of the use of atypical forms of employment in violation of labour law and social security law, which was the subject of the 5th jubilee All- Polish Scientific Conference of the series “Atypical Employment Relations”, organised in Łódź on 1–2 December 2022 in a hybrid formula, both at the Faculty of Law and Administration of the University of Łódź and via the Internet. The event was organised by the Centre for Atypical Employment Relations and the Student Scientific Forum on Atypical Employment Relations of the Faculty of Law and Administration of the University of Łódź, as well as the Regional Labour Inspectorate in Łódź. The author presents his own reflections on the issues covered by the conference.

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Dylematy podstaw prawnych i ochrony nietypowych form zatrudnienia

Author(s): Małgorzata Gersdorf / Language(s): Polish Publication Year: 0

The analysis tends to predict the future of employment and the scope of subordination. It also underlines the need for research on the types of employment contracts.

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Possibilities for the Use of Artificial Intelligence in the Activities of the Judiciary

Author(s): Diana Dimitrova,Darina Dimitrova / Language(s): English Publication Year: 0

The implementation of artificial intelligence (AI) in various parts of the workforce is already a fact, but the impact of technology is in all areas of public life. Digitalization not only affects economic processes, it also leads to a transformation in the sphere of judicial proceedings. In Bulgaria, as part of the European Union, the digitalization of the judicial system is based on acts of the European Parliament transposed into national legislation. The aim of this paper is to examinate current issues related to various possibilities of using AI in the activities of the judiciary and to discuss the results. In order to realize the set goal, the authors use the traditional methods of legal research - induction, deduction, normative and comparative analysis. On the basis of the study conclusions are drawn about the need for improvement of the legal framework, need of professional knowledge in the field of information technology of the employees in the judiciary. The present study was developed in the framework of the national scientific project NPI № 57 of 2022 on the topic "Legal Relations and Status of Persons in the Judiciary in the Conditions of Digitalization".

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International Law: The Lost Metaphor? Reflections on the Current Wars

Author(s): Paulo de Brito / Language(s): English Publication Year: 0

The wars currently ravaging our planet lead us to question the normative character of international law with its corresponding imperativeness. Are we facing the decay of international law, as Anthony Carty2 wrote in the last century? Has the metaphor been lost? Is there still any hope for tomorrow? We will analyse the current war situation to question the imperative normativity of international law. On this subject, Martti Koskenniemi3 wrote "From Apology to Utopia" and later "The Gentle Civilizer of Nations": has international law lost this character? The answer will remain open, and this essay will be a speculative treatment of the subject.

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The Robot as a Natural or Legal Person. Another Perspective on the Concept of Person

Author(s): Cristina Elena Popa Tache,Marius Vasile Bârdan / Language(s): English Publication Year: 0

The word you will find in the interface is to understand the concept of a person and what skills a being must have to be a person. This material also examines the religious perspective on the issue announced in the title. Manufacturers and computer scientists involved in building and training robots for consumers will need to consider the distribution market sector and by implication, the beliefs of the people who are to use this type of artificial intelligence as a tool. In the biblical account of man, it is said that man was created by God by a triumphant counsel: 'Let us make man in our image, after our likeness', and by making a person capable of communication, it means that he is a person, because communication makes you a person, but a freely consented communication. The concept of a person has evolved over time so that in the Greek period the man who was not free could only express himself behind a mask, as in the performance of a character in a play today, then in the Roman world, as a man who was not free could only express himself by having a patron who gave social witness for the man to express himself freely. So, freedom of expression was an ability of the human person, of a natural person in the legal sense. The article tries to expose the chosen topic from the perspective of two authors with their particular opinions: the professor of law in communications and new technologies who sees the objective whole of things and the eminent student, Orthodox priest who comes up with particularly interesting arguments. In the preparation of this material, we used an introspective method with qualitative and quantitative values.

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Adapting Non-Contractual Liability Rules to Artificial Intelligence

Author(s): Vasile Nemeş,Gabriela Fierbințeanu / Language(s): English Publication Year: 0

Current national liability rules are not adequate to deal with liability claims for damage caused by AI-based products and services. The specificity of AI systems, their complexity and especially their autonomy and opacity (the so-called "black box" effect) make it difficult for victims to identify who is liable and to prove liability claims. The European Commission's AI policies propose a holistic approach to liability, aiming at adaptations of product liability under the Product Liability Directive and specific harmonisation under the Proposal for a Directive on the adaptation of non-contractual liability rules to artificial intelligence. These two initiatives complement each other to form an effective global civil liability system. They respond to the scenarios in which the risks envisaged by the general framework provided by the Proposal for a Regulation laying down harmonised rules on artificial intelligence (AI Act) materialise. This paper proposes a first incursion into the liability frameworks for damage caused by AI systems as set out in the Proposal for a Directive of the European Parliament and of the Council on the adaptation of the rules on non-contractual civil liability to artificial intelligence (the AI Liability Directive).

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Правна същност и особености на консорциалните дългове при неправосубектния консорциум

Author(s): Dimitar Atanasov / Language(s): Bulgarian Publication Year: 0

The following paper explores some of the legal aspects of consortial debts and obligations in the unincorporated consortium. The article proposes a definition of the term, outlines the main forms of consortial debt and obligations and examines their defining characteristics. Based on the typical interests and reasonable expectations of consortia creditors and the usual contractual practice a conclusion is made that in absence of agreement with the creditors to the contrary a joint and several obligation arises as a default rule and all consortia members are jointly and severally liable for damages in case of nonperformance that constitutes a breach of contract regardless of their personal fault. The paper furthermore outlines some of the defining characteristics of the consortial duty and standard of care which is reasonably expected from consortial members when fulfilling their obligations. In the concluding remarks the paper proposes a de lege ferenda default rule of joint and several liability of consortial members.

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Предизвикателства пред конституционното регулиране на символите на българската държава (в контекста на законопроекта за изменение и допълнение на конституцията от 2023 г.)

Author(s): Zornitsa Yordanova / Language(s): Bulgarian Publication Year: 0

This report comments the proposal, included in the Draft Law for the Amendment of the Constitution of the Republic of Bulgaria of 2023, to add the national holiday among the symbols of the State, outlined in Chapter 10 of thе Constitution, and to change its date. A historical and comparative legal analysis is carried out and suggestions de lege ferenda are made regarding the constitutional regulation of national symbols.

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Търновската конституция и въпросът за основанието на правото

Author(s): Dimitar Stoyanov / Language(s): Bulgarian Publication Year: 0

The foundation of the law as a value and philosophical category is inextricably linked to the establishment of permanent and effective basic laws and other normative acts. The Tarnovo constitution embodies fundamental categories of freedom, equality, justice and others. In this way, it not only fulfills the objectives of the law, but also represents an example of an effective comprehensive approach in the drafting and adoption of a basic law through the reflections that are laid down in it. The essential idea of the foundation of the law is to justify it as a system and to give its manifestation in all categories of legal acts.

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