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Review of: Piotr Z. Pomianowski: Napoleonic Divorce Law in Poland (1808–1852). (Legal History Library, Bd. 57.) Brill Nijhoff. Leiden – Boston 2022. XX, 281 S., Ill. ISBN 978-90-04- 50669-5. (€ 117,70.)
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The continuing education of physicians and dentists raises various legal issues. This is due to the fact that there is no explicitly written norm that makes the continuing education of medical specialists mandatory. Accreditation organizations are the ones that play a major role in accrediting different trainings that bring different credit points to their holders. Another legal issue that is often discussed in the medical community is,, what value do medical certificates have that are issued by individuals or commercial companies that are outside the range of possibilities clearly outlined in a legal norm, for conducting continuing education.
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This article is devoted to a controversial interpreted theoretical problem - that of the categories "essence of the right of property" and "content of the right of property." The emergence and accentuation of their distinction in the German legal doctrine is traced, as well as how the issue of their conceptual perception in the Bulgarian civil studies stands. The conclusion is drawn that their distinction is permissible, but only in a strictly contextual aspect, when a parallel is drawn between the abstract thinking of property rights in general and the concrete situation of an individual property right located with a specific owner.
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The Majallah is of great importance not only because it is the first legal text about Islamic law but also because it is a product of historical significance for Turkish literature. Particularly, the 99 general principles at the beginning of the Majallah are an abstract representation of many issues in Islamic law, expressed through various rhetorical devices. Although the Majallah, one of the rare texts where the relationship between law and literature can be evaluated, has been expressed by different authors to have employed various rhetorical devices in its general principles, no study analyzing them has been encountered. This study aims to identify the rhetorical devices used in the general principles, thereby creating a perspective on which rhetorical devices can be applied in the writing of general principles that will be easily memorized like proverbs, and become part of the vernacular. For this purpose, data was collected using the document review method, and the content analysis method from qualitative research methods was applied. The 99 general principles and the rhetorical devices in Turkish literature were examined together, matching the principles with the relevant rhetorical devices and categorizing them. As a result of the research, 9 different rhetorical devices found in the general principles were identified. Suggestions have been made on which types of legal principles these arts were used in the production and which arts could be utilized in which legal situations in the writing of general principles hereafter.
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Safety, in a theoretical-practical sense, is understood as a state, organization, function and system. As a state, security is valued in an amplitude of values whose poles are: completely safe and completely unsafe. It is a fact that absolute security does not exist, that is, that every security reference object is threatened to a certain degree. For a long time, the only (key) threat to security was war. However, during the Cold War, the concept of security was expanded from purely military to other sectors, such as political, economic, social and environmental. Thus, the security of the reference object can be threatened by a whole corpus of threats, which are basically divided into military and non-military. In the last few decades, among the numerous challenges, risks and security threats, organized crime stands out. Although acts of crime are evident, both nationally and internationally, organized crime remains undefined, which makes it particularly difficult to prove. This is also due to the fact that in the various classifications of acts that constitute organized crime, different activities are implied. In this paper, the state of organized crime is analyzed through selected criminal acts - threats to security, such as human trafficking - trafficking, narcotics trade and arms trade. The aim of the research is to prove that organized crime in the world has been increasing in the last few years. The work was created as a result of research for teaching purposes, as well as the preparation of the diploma thesis of the first author of this article, which was defended at the Faculty of Business Studies and Law in Belgrade in early 2024.
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Th e article analyzes how Republika Srpska publicly articulated its stance regarding the July 1992 massacre in Srebrenica, which the International Court of Justice and the International Tribunal for the former Yugoslavia both classified as genocide. It assesses how this Bosnian entity grapples with and communicates its response to this internationally recognized atrocity within the public domain. The conflicting conclusions of three reports on Srebrenica—issued by the Bureau of the RS Government for Relations with the Hague Tribunal of the Government of Republika Srpska (2002), the Commission for the Investigation of Events in and around Srebrenica from July 10 to 19, 1995 (2004), and the Independent International Commission for Research on the Suffering of All Peoples in the Srebrenica Region in the Period 1992–1995 (2021) — illustrate the ongoing initiatives of local communities to memorialize the 1992–1995 war and reflect shift s in official political discourse.
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The research seeks to achieve a basic goal of shedding light on the historical development of the concept of children's rights and the extent of its impact on legitimate politics and international conventions, especially in light of what we are witnessing at the contemporary time of violations of children's rights and their repercussions on the respect of political systems for such rights through the activation of constitutional rules that provide for child protection, and the activation of mechanisms for the application of these texts, and this is what calls for addressing the concept of the legal personality of the child in ancient legislation such as the legislation of Hamo Rabi, and legislation Pharaonic, Greek and Roman, Then exposure to the position of Islamic law and international conventions on the rights of the child by answering the problem that the extent of the historical development of the concept of children's rights on legitimate policy and international conventions?.
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The growth of the Islamic banking industry in Makassar has shown significant progress; however, a thorough analysis of the factors influencing customer loyalty is still needed. This study aims to analyze the impact of product innovation, service quality, and transaction security on customer satisfaction and loyalty in Islamic banks in Makassar. Structural Equation Modeling (SEM) using AMOS was applied to data collected from 400 Islamic bank customers. The results indicate that service quality (estimate 0.253, C.R. 3.229) and transaction security (estimate 1.581, C.R. 3.216) have a significant impact on customer satisfaction. Product innovation also significantly affects customer satisfaction (estimate 0.723, C.R. 6.484) but does not significantly influence loyalty (estimate 0.130, C.R. 0.545, P 0.693). Conversely, customer satisfaction significantly affects loyalty (estimate 0.234, C.R. 2.534, P 0.027). The implications of this study highlight the importance of improving service quality and transaction security to enhance customer satisfaction and loyalty. Islamic banks should continue to develop innovative products and provide ongoing education to customers to maintain and boost their loyalty
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This study aimed to explore factors hindering social crime among Malaysian students. 383 respondents, all students, were surveyed. Parental influence emerged as the most significant factor in dissuading students from social crime, according to mean score analysis. Correlation analysis revealed positive correlations between self-efficacy, peer pressure, mass media influence, parental influence, and Malaysian students' involvement in social crimes. The linear regression model, with a statistical significance below 0.05, indicated a strong fit for the data, suggesting its reliability. Mass media exerted the greatest influence on Malaysian students' involvement in social crimes, followed by peer pressure, self-efficacy, and parental influence. These findings offer insights for educational institutions, government officials, and policymakers to foster a culture of peace, justice, and strong institutions. Proactive measures can mitigate social conflicts and reduce crime rates, fostering individuals who contribute positively to society and support Sustainable Development Goal 16.
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In the article, the author critically attacks the established practice of the Supreme Court, according to which a court with subject matter jurisdiction, whose jurisdiction was undoubtedly given at the time of the beginning of the proceeding, may become jurisdictionally incompetent in the course of the proceeding as a result of a mere change in the legal assessment of the case. The examples of German, Swiss and Austrian legal doctrine, regulation and practice show that the principle of the duration of jurisdiction, which applies in the Czech Republic on the basis of the second sentence of Article 11(1) of the Civil Procedure Code, prevents such a result. All the way to the end of the proceeding, only those circumstances which existed at the time of its initiation are decisive for the determination of subject matter (and local) jurisdiction. If the court has at the beginning of the proceeding, on the basis of the value or the legal nature of the matter in dispute, subject matter jurisdiction to hear and determine a particular case, its jurisdiction cannot be changed merely because the court’s legal assessment of the case has changed after the completion of the examination of the evidence. The jurisdiction of the court is based purely on the pleading and the pleaded facts or the substantive assessment of the pleaded facts (i. e. not on the established facts). The answer to the question which court has (subject matter) jurisdiction to hear and determine a case must be apparent from the outset of the proceeding and cannot, in principle, change during its course. This is mainly the result of the principle of procedural economy, the arguments connected with it and the procedural definition of the matter in dispute, or, to put it more simply, the principle of the duration of jurisdiction.
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This study discusses strategies to enhance the economic well-being of the community through engagement in entrepreneurship, especially through the franchise business model. Franchising is a marketing strategy for rapidly expanding businesses through the concept of cooperation. Legal protection for franchise business operators is crucial in maintaining a balance between the parties involved. Although there are no specific verses about franchising in the Quran, the principles of business ethics, justice, and compliance with Islamic law are essential foundations that should be applied in all forms of business transactions, including franchising. This study uses an empirical juridical legal approach to explore the concept of franchising, Islamic legal principles, and the impact of legal protection on franchise business operators. The results of this research are expected to make a significant contribution to advancing the legal discourse related to franchise business and Islamic law in Indonesia. Legal protection helps franchise business operators manage risks and conduct business in accordance with the principles of justice and business ethics, from both Islamic and general legal perspectives. Islamic and general law play a crucial role in shaping a fair, orderly, and sustainable franchise business environment. With a clear and consistent framework, franchise business operators can focus on the development and growth of their businesses. Thus, legal protection serves as a strong foundation for sustainable franchise business growth in Indonesia and makes a positive contribution to the economy and society as a whole. Franchise businesses can be a suitable form of enterprise that aligns with the values and principles of Islamic economics, providing a positive contribution to the economy and society overall
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The prevention of domestic violence, timely and effective protection and support for victims, and multi-sector cooperation have become an important strategic direction of the Republic of Serbia since the adoption of the Law on Prevention of Domestic Violence. The authors put forward a hypothesis according to which the change in strategic direction and the emphasis on prevention contribute to: increasing the trust of citizens in the competent state bodies; better protection of victims; and reducing the number of the most serious cases of domestic violence – those that result in death. Using the statistical method, content analysis, and comparative and formal-legal analysis, the paper analyses the data of the Ministry of Internal Affairs of the Republic of Serbia, the Public Prosecutor’s Office and the Court related to domestic violence for the period between 2019 and 2021. The authors determine that: violence against women in partner relationships is the dominant type of domestic violence; that psychological violence is the most prevalent, occurring in 68% of the cases, followed by physical violence in 41% of the cases, and economic and sexual violence; that more than 1/3 of the possible perpetrators are repeat offenders, i.e. persons on whom emergency measures were previously imposed; that the victims do not participate in the adoption of individual protection plans; and that the death of the victim occurs despite the imposed emergency measures and the response of the competent state authorities. For these reasons, the authors emphasise the importance of protection on multiple tracks, and propose a series of measures and actions that should be taken by the competent state authorities.
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The disappearance of a natural person, especially when he or she is also a sole proprietor of a business, causes legal problems. Such situations are not directly regulated by legal acts, i.e., the legislators do not refer to the impact and consequences of the disappearance on the performed business activity. Meanwhile, the fact that a sole proprietor goes missing may have a negative impact on his or her situation, including the content of the obligations binding on him or her. This paper discusses how the relatives, in particular the spouse of the missing person, may behave in such circumstances. The considerations carried out concern Polish law and Slovak law, as there is no specific regulation of the declaration of missing person who is a sole proprietor introduced on the model of foreign regulations, the article places emphasis on the comparison of both selected regulations. The conclusion indicated that until the missing person is recognised as dead, family members or other relatives do not have any competence to take any action on behalf of the missing sole proprietorship circumstances, other entities may operate, i.e., attorney-in-fact, proxy, according to Polish law custodian established pursuant to Art. 184 of the Family Code, the custodian established pursuant to Art. 144 of the Code of Contentious Civil Procedure, or prosecutor. Similarly, under the Slovak law, until the missing person is declared dead, a guardian, or a representative appointed by the court pursuant to Section 68 of the Civil Procedure Code, acts for such person.
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In the late eighties of the 20th century, the methodological reflection of lesbian identity arose within the framework of feminist jurisprudence. Although the original intention was to include lesbian identity in a woman's identity, in a relatively short period there was a sudden break. Lesbian identity became a distinct identity considered to be the central position of lesbian jurisprudence. This study presents the peculiar features of lesbian legal theory. It tries to point out the historical and ideological determinants that led lesbianism to enter (legal) feminism. Lesbian separatism also took part in this development. It turned out to be the main reason for the separation of lesbian legal scholars from the feminist jurisprudence. The study presents the core ideological assumptions that constitute the theoretical nature of the lesbian theory of law, which is based on lesbian (legal) experiences.
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Over the past 25 years, few alternative sanctions have received as much attention as electronically monitored house arrest. In the view of relatively dynamic development of electronic surveillance technologies and related ethical and legal issues at stake, this interest continues to this day. In the Czech Republic, electronically monitored house arrest was introduced in 2010. Somewhat oddly, the electronic surveillance system had not been implemented at the time. Yet, legislators and sanctions policy makers placed high hopes in this form of punishment. In particular, it was expected to significantly help combat the relentless hypertrophy of the prison population. But the expectations of sanction policy makers were not met due to the reluctance of the courts to impose house arrest. This had remained unchanged over the years, and opinions had begun to emerge that the state's failure to introduce electronic monitoring was primarily to blame. In 2019, electronic monitoring was eventually implemented, but the number of sentences imposed still did not increase. If the legislature's sanctions policy is not translated into practice, its aims cannot be achieved. For this to happen, it is essential that house arrest becomes more prevalent in the structure of sentences imposed. Increased application rates will not happen spontaneously; certain steps need to be taken to address the reasons for the current state of affairs and to mitigate factors that negatively affect application practice. For this purpose, such causes and negative factors must first be identified. This paper therefore examines the importance of electronic monitoring in terms of the application practice of house arrest in the Czech Republic, and the main reasons for not imposing house arrest. Building on these findings, it offers suggestions that would contribute to more frequent imposition of house arrest in appropriate cases.
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In the article, based on the analysis of the approaches of legal science to revealing the content of the concept of legal regime, its essence is substantiated as a set of legal norms that determine the order of regulation of a certain range of social relations. The types, main characteristics and differences of legal regimes of martial law, state of emergency, zone of an ecological emergency zone and zone of temporarily occupied territory are disclosed. Key words: legal regime, types of legal regimes, the legal regime of martial law, the legal regime of a state of emergency, the legal regime of an ecological emergency zone, the legal regime of a temporarily occupied territory
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Freedom of religion and the right to equality and non-discrimination are significant human and fundamental rights that are currently under-researched in the Finnish context. This article analyses how different legislative and societal structures adversely affect the realisation of positive religious freedom for Muslims in Finland by examining two case studies: freedom of religion among Muslim prisoners, and the impermissibility of headscarves as part of the police uniform. The article argues that although Finnish legislation does not directly limit freedom of religion, it contains structures that hinder the realisation of positive religious freedom for Muslims. These stem from the close relationship between the state and the Evangelical Lutheran Church, and from prejudicial attitudes that manifest together or separately. Such structures may lead to an unequal position for Muslims compared to Christians in society, and can constitute discrimination.
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Artificial intelligence (AI) is transforming various sectors, and the judicial system is no exception. The author explores the impact of AI on practicing judicial professions. The integration of AI into judicial systems offers significant benefits in terms of efficiency, access to justice, and decision-making accuracy. However, it also poses challenges that need to be addressed through careful implementation, ethical considerations, and continuous adaptation. Although the use of the AI in the judiciary is on the rise and varies from country to country, it brings potential risks for fundamental rights. In the article, the author assessed whether the use of AI by judicial professionals jeopardize the right to a fair trial, including the right to an independent and impartial court, equality of parties, etc. The author also evaluates whether some of the introduced tools, especially those predicting court decisions and recidivism, violate fundamental rights. Finally, the author assesses options for further development and use of AI by judicial professions.
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Fraud involving European funds poses a major threat to the European Union budget, affecting both resource efficiency and trust in the institutions that administer these funds. This research analyzes the phenomenon of European funds fraud using both quantitative and qualitative data to assess the dimensions and typologies of fraud. The study is based on statistical analysis using IBM's SPSS Statistics software. The results highlight a significant link between the level of corruption and the efficiency of the absorption of EU funds, emphasizing the need for more rigorous prevention and control measures.
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THIS STUDY AIMED TO DESCRIBE THE ACADEMIC LOSSES RESULTING FROM THE TURKISH PURGE AND ASSOCIATED DISMISSALS WITH THE DECREE LAWS FOLLOWING THE FAILED COUP ATTEMPT IN 2016 CONCERNING PHYSIOLOGY ACADEMICS. AN OBSERVATIONAL STUDY WAS CONDUCTED COVERING THE TIME BEFORE 2008, 2009-2012, 2013- 2016, AND 2017-2020. ALL ACTIVELY-WORKING ASSISTANT, ASSOCIATE, AND FULL PROFESSORS OF PHYSIOLOGY IN TURKEY AS OF 15TH JULY 2016 AND RECENTLY HIRED ACADEMIC STAFF AFTER THE COUP ATTEMPT IN 2016 WERE INCLUDED IN THE STUDY. DATA COLLECTION WAS PERFORMED IN DECEMBER 2020. THE PRIMARY OUTCOME VARIABLE OF THE STUDY WAS THE TOTAL NUMBER OF PUBLICATIONS LISTED IN GOOGLE SCHOLAR. DATA OF 271 ACADEMICS WERE ANALYZED. OF THE PARTICIPANTS, 209 (87.1%) CONTINUED ON THEIR POSITIONS, 31 (12.9%) WERE DISMISSED AFTER THE 2016 COUP ATTEMPT, AND 31 WERE HIRED AFTER THE PURGE. THE NUMBER OF PUBLICATIONS OF SCHOLARS HIRED BEFORE 2016 AND DISMISSED WERE SIGNIFICANTLY HIGHER BEFORE 2008, BETWEEN 2009 AND 2012, AND BETWEEN 2013 AND 2016 COMPARED TO SCHOLARS HIRED BEFORE 2016 AND NOT PURGED (P <0.05). ALTHOUGH THE PURGED ACADEMICS HAD RELATIVELY HIGHER PERFORMANCE INDICATORS IN THE PREVIOUS YEARS, THEY EXPERIENCED A 44.2% LOSS IN THE NUMBER OF PUBLICATIONS AFTER 2016. THE MASS DISMISSALS AFTER THE COUP ATTEMPT IN 2016 HARMED INDIVIDUAL PHYSIOLOGY ACADEMICS AS WELL AS THE GENERAL PHYSIOLOGY ACADEMY. INTERNATIONAL ACADEMIC AND HUMAN RIGHTS ORGANIZATIONS MUST BE MORE SENSITIVE TO PROTECT SCHOLARS WHO UNDERGO SIMILAR PERSECUTIONS.
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