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In this article, we analyze the relationship between law enforcement and state regime. We describe a regime in statics and dynamics as well as study the system of means that a state uses when interacting with individuals and society. We put into question the relevance of the opposition of authoritarian and democratic means of control and, accordingly, authoritarian and democratic regimes in the modern state and society.
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The article deals with certain aspects of the Russian legal consciousness and specifies historical background of its diffusion and dispersion content. The work analyzes the law genesis processes in the evolution of Russian statehood, which influence the formation of national marginalized legal consciousness. The study of this problem area should be taken into account when making legal policy.
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The article discloses the possibilities of interaction between public institutions and state authorities in a federal subject, based on the analysis of the activity of the Civic Chamber of the Mari El Republic. The work shows the increasing role of civil institutions in public control over the activity of state power and reveals certain legal wants, the filling of which will enhance the public vector in the state.
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The features of the functioning of the custom of bride kidnapping in Kabardians in terms of their integration into the legal system of the Russian Empire in the last quarter of the XIX century. The analysis of the administrative and judicial practices related to this custom, examined the activities carried out by the authorities of the Terek region on the reception of certain customs and traditions Kabardians in regulating family relations. It was concluded that these processes resulted in a certain transformation of gender status in traditional society Kabardian.
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The issue of using linking technique among the internet is an object of analysis of many specialists representing various scientific fields. From the legal perspective linking is also significant problem, what is best proven by many judicial decisions. European Union legal acts which were projected for the purpose of harmonization of regulations turned out to be the starting point for wider discussion in the range of legal aspects of linking. Problems connected by aforementioned issue are also intensified by its large scale. Only basing on life experience the range and potential of linking activity can be intuitively determined. Concerned issue can be of profound importance for the creative sector, especially film industry which frequently uses various linking techniques for the purpose of illustration of opinion or presentation. For this reason despite the legal and technical subject of this article it is worth to became acquainted with basic legal regulations and latest judiciary decisions, which are of significant importance for their interpretation.
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The paper considers the problems of formation of the modern migration paradigm. Various approaches to understanding of the migration law and order are analyzed. Attention is paid to the organizational and legal foundations of ensuring the migration security in the context of modern social, economic, and demographic situation in Russia.
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The character of the decision of the regional council to exclude (not to include) a social service into the network of social services of the regionThe paper focuses on the nature of the decision of the regional council to remove a social service from the regional social services network. While the administrative court conclu¬ded that it is not possible to defend against this decision by a lawsuit against the decision of the administrative authority or by a lawsuit against unlawful intervention, the author is of the opinion that the resolution of the regional council may be an unlawful intervention that can be reviewed in the administrative court system, but only to the extent that the procedure defined by the regional council for inclusion/exclusion from the network of social services of the region was followed.
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The present article deals with the Supreme State Secretary’s Staff Regulation no. 3/2023 on the rules of ethics for civil servants (hereinafter also referred to as “Staff Regu¬lation no. 3/2023”). In doing so, the author asks the question whether the Staff Regulation no. 3/2023 itself, the relevant provisions of Act no. 234/2014 Coll. on the Civil Service and the related case law of the relevant administrative courts provide a solid basis for a guar¬anty that officials will comply with this Staff Regulation, specifically its Art. 8 thereof. The author of the presented paper focuses on the officials because of their importance for the quality performance of the state administration whereas concludes that the Civil Service Act and related case-law, because of their content, and Staff Regulation no. 3/2023 itself, because of its nature, can hardly provide such a guaranty.
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The paper explores the phenomenon of the filial quarter, a specific form of female inheritance practiced among the nobility of the Kingdom of Hungary-Croatia, by focusing on medieval Slavonia as a case study. Starting from some general observations on the filial quarter, the paper subsequently delves into a more systematic analysis of the Slavonian material. It elucidates the mechanism through which the filial quarter spread to Slavonia in the 13th century, how it became an institutionalized custom in the 14th century and examines the different practices of the filial quarter being given either in land or as monetary payment.
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This article addresses the issue of an abnormal motivational situation on two levels – in the first part, adopting a psychological perspective, and in the second part, a legal perspective. The first level, based on the achievements of psychology, allowed for the identification of certain characteristic features of an abnormal motivational situation, and then for the definition of this phenomenon. This, in turn, enabled a transition to the legal level, and drawing on the views of authors who addressed this issue in their works, to develop a general catalog of provisions of the Criminal Code that can be used in the context of the concept of an abnormal motivational situation. Additionally, the article proposes that the scope of application of this concept be extended to cover the victim of the crime, justifying it by the fact that in the case of certain crimes, the abnormal motivational situation in a victimological perspective has a particularly significant impact on the examination of the origin of the crime.
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The article discusses the challenges faced by the Ukrainian government in encouraging the return of refugees, highlighting the lack of safety and funds for social programs as major obstacles. Despite official statements about post-war reconstruction and economic revival, there are few concrete proposals to incentivize returns. The text points out that many refugees have settled abroad, with some even obtaining citizenship in their host countries. The article suggests that instead of pressing for their return, the government should focus on building mutually beneficial relationships with Ukrainians abroad, avoiding confrontation. The narrative explores the potential negative consequences of reducing financial support for refugees and emphasizes the need for better communication and realistic policies to maintain connections with the diaspora. The importance of mutual respect and understanding between Ukrainians in the homeland and those who have left is underscored, along with the need for a public discourse and reconciliation strategies to foster a cooperative future.
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This article examines the Codes of Ethics governing security forces in the Czech Republic as of 2024. The study aimed to conduct a comparative analysis of the ethical codes of the Police of the Czech Republic, the Prison Service of the Czech Republic, and the Customs Administration of the Czech Republic. The study focuses on key ethical values such as dignity, professionalism, and the fight against corruption, and explores ethically contentious issues, such as the use of mini-cameras for evidence collection in complaint cases. The findings reveal common ethical principles among these agencies, but also highlight differences in their approach to certain issues. The study identifies areas requiring further attention, particularly in employee training and promoting work-life balance. This analysis provides valuable insights into the effectiveness and comprehensiveness of the ethical codes and suggests directions for their further improvement in practice.
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Review of: Class Action. Dalla comparazione giuridica alla formazione del giurista: un caleidoscopio per nuove prospettive, ed., Torino, Giappichelli, 2024, ISBN: 979-12-211-0709-8, pp. 1-272.
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Promoting the principles of restorative justice requires a departure from conventional narratives of how serious crime is dealt with. The dominant understanding of crime and punishment is often derived from narrow media representations that focus primarily on the details of the crime and the processes within the criminal justice system. These representations tend to follow common narrative scenarios and often inspire calls for tougher crime policies to ensure safety, restore legal order and satisfy society's impulses towards retribution. However, they rarely address issues such as the impact of imprisonment, the experiences and needs of victims or their families, or the nuanced emotions of those responsible for sentencing. As a result, while crime reports, podcasts and television shows regularly examine and sensationalize the crime itself, or reveal the shortcomings of the legal process, they often overlook restorative approaches. But what if attempts were made to 're-story' crime from a multifaceted, nuanced and realistic understanding of events? By broadening the landscape of representation, can a clichéd and overly restrictive perspective on crime and justice be avoided? Can we move beyond black and white discussions and address common misconceptions about retribution and the legal system through improved storytelling and richer narratives? This essay explores these questions. Drawing on the author's experience as a juror in a murder trial and several examples of more complex and inclusive storytelling efforts, it reflects on what such restorying could look like and considers its implications for journalism, fiction and non-fiction.
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As is well-known, numerous studies have established connections, whether historical or conceptual, between contemporary forms of restorative justice and indigenous (as well as ancient and enduring) informal conflict resolution practices. These studies assert that restorative justice and indigenous systems share significant parallels, rooted in their emphasis on healing, community involvement, and the restoration of harm, rather than mere punishment of offenders. These parallels underscore the fundamental principles guiding both approaches. Specifically, both restorative justice and indigenous justice, in their various manifestations, prioritize dialogue and communication as indispensable tools for conflict management. However, this viewpoint has encountered criticism for its potential to misinterpret indigenous conflict resolution systems and misunderstand the complexities of post-colonial interactions. This essay does not claim universality but seeks to substantiate these criticisms through the analysis of a case study: sulha, a traditional method of conflict resolution in Middle Eastern cultures. More precisely, the aim of this essay is to highlight two critical differences between contemporary restorative justice and the sulha model: the nature of mediation (including the attitude of mediators and the social expectations burdening the mediation process; as well as the role of violent retaliation as a potential deterrent factor) and the concept of reconciliation. As this essay maintains, while restorative justice emphasizes individual accountability and interpersonal dialogue, the sulha model prioritizes group solidarity and ritualistic gestures. This disparity sheds light on the distinct social significance attached to mediation and reconciliation in their respective contexts. By exploring these differences, this essay illuminates two diverse approaches various cultures employ to address conflicts and foster relationship restoration.
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"We owe this mainly to our victims". An interview with Archbishop Emeritus Desmond Tutu by K. Vanspauwen – Suggnomè.
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Con il numero 1/2023, MediaRes inaugura il suo terzo anno di attività nel nuovo formato digitale e open-access, e con il nuovo editore, Primiceri. Il momento è significativo, per quanto concerne l’ordinamento italiano, il quale, a seguito della Riforma Cartabia e del suo progressivo entrare a regime, vede estendersi l’importanza – anche sistemica – di strumenti di soluzione dialogico-consensuale della controversia, sia in ambito penale che civile.
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Hate crimes are considered a serious type of crime because hatred as such, can destroy civil society. They have an impact not only on individual victims and their communities but also on society. The author in brief presents the concept of hate crimes and its basic characteristics and connection to other crimes. The most important actors creating policies to combat hate crimes and hate speech in Europe are the Council of Europe, the European Union, and the Organization for Security and Co-operation in Europe. For this reason, the author presents current and upcoming legal instruments specifically designed for the fight against hate crimes in Europe. As part of the discussion, he points out possible difficulties related to the creation of a unified framework for combating hate crimes in Europe and reflects on the possibilities of implementing these instruments into national law.
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The international seminar "Law and Emotions in William Shakespeare’s Plays," held on June 18-19, 2024, at the University of Szczecin, explored the intricate relationship between law and emotions through the lens of Shakespeare's works. Scholars from various disciplines, including law, psychology, history, philosophy, and literature, examined how emotions influence legal decision-making, crime, and social attitudes toward justice. The seminar featured thematic panels on plays such as "The Merchant of Venice," "Hamlet," "Richard III," and "Measure for Measure," discussing topics like gender, religion, justice, revenge, and theodicy. The event highlighted the dynamic interplay between emotions and legal actions, the role of emotions in shaping legal narratives, and the contemporary relevance of Shakespeare's portrayal of human feelings. Contributions from international scholars enriched the discussions, offering new perspectives on the intersections between law, emotions, and literature.
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Adolescence is a life stage characterized by an expansion of opportunities, abilities, aspirations, energy, and creativity, but also a period of heightened sensitivity, as noted in General comment No. 20 (2016) on the implementation of the rights of the child during adolescence. Adolescents are agents of change who can positively contribute to their families and local communities. Mental health issues and psychosocial problems, such as suicide, self-harm, eating disorders, and depression, are significant causes of poor health, morbidity, and mortality among adolescents, especially those in vulnerable groups. These issues arise from the complex interaction of genetic and biological factors, as well as personality and environmental influences, exacerbated by discrimination, peer violence, social exclusion, and pressures related to physical appearance and societal standards of "perfection." It is estimated that over 11 million children and adolescents aged 19 and younger (13%) in the European Union suffer from mental health disorders. The prevalence increases with age, from approximately 2% in children under 5 years old to about 19% among youth aged 15 to 19 years. Suicide is the second leading cause of death (after traffic accidents) among youth aged 15 to 19 in the European Union, accounting for approximately one in six deaths (UNICEF: 2024). "It is crucial for the European Union to build on its recent achievements in promoting child well-being, including the adoption of the EU Strategy on the Rights of the Child in 2022 and the European Child Guarantee," emphasizes Bertrand Bainvel, UNICEF Representative to the European Union institutions. The Committee on the Rights of the Child highlights that states should adopt a public health and psychosocial support approach, rather than excessive reliance on medication and institutionalization. The aim of this paper is to outline the necessary directions of action within the transformational processes of Bosnia and Herzegovina, which must be based on global best practices, particularly those of the European Union—comprehensive, multi-sectoral actions within integrated systems for the protection of adolescent mental health, involving parents, peers, extended families, and the entire education sector. This sector will, through relevant ministries, ensure policies and strategies aimed at effectively addressing these issues.
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