Корекционно-възпитателно въздействие при провеждане на програми за обществено въздействие с извършители на леки престъпления

Author(s): Daniela Petkova / Language(s): Bulgarian Issue: 1/2013

This paper is a brief overview of the group correctional work through programs of public influence to the perpetrators of minor offenses. Described are the specifics of the basic principles, methods and approaches for conducting group work with sentenced to “probation” persons, on this basis are outlined several key conclusions and recommendations that allow optimization of psychosocial and educational intervention at blunt of the punishment and the development of workable strategies for combating criminal behavior in general.

Избирането на д-р Желю Желев за председател (президент) на Народна република България от Седмото Велико народно събрание

Author(s): Asen Tyutyundzhiev / Language(s): Bulgarian Issue: 1/2018

The article examines a number of specific political events and processes, which led to Dr Zhelyu Zhelev’s election, by the Seventh Grand National Assembly (GNA), as Chairman/President of the People’s Republic of Bulgaria. It presents a brief historical overview and analysis of the emergence of a democratic opposition in Bulgaria and the opposition’s subsequent discussions with the Bulgarian Communist Party (BCP) at the National Round Table. Special attention is paid to debates within the most important anti-communist federation, the Union of Democratic Forces (UDF), and its initial nomination of Dr Petar Dertliev for the presidency. The article considers the five voting rounds, which did not result in the election of head of state, as emphasis is laid on the motives and political views of the three candidates for the post. The reasons for the BCP’s unwillingness to support Dr Dertliev’s candidacy and his decision not to run are analysed at considerable length. Attention then focuses on Dr Zhelev’s nomination for the post by the UDF and the sixth round of voting by the Seventh GNA, which led to his election as President. The reasons for the BCP’s decision to support an opposition candidate are discussed as well as “the historic compromise” that was made in electing, for the first time in several decades, a head of state who was nor connected with the Communist Party.

УРБАНИСТИЧНИЯТ ПРОИЗХОД НА ЕДИКТИТЕ „DE EFFUSIS VEL DEIECTIS“ И „DE POSITIS VEL SUSPENSIS“

Author(s): Luis Rodrigues Ennes / Language(s): Bulgarian Issue: 1/2021

It is known that the ius honorarium criminalized a series of punishable conducts typified by criminals actiones in facture for the punishment of unlawful acts not covered by the ius civile. Among them we can observe several actions that punish the free and reasonable use of public roads such as those against people who throw liquids or solids and place objects on eaves or balconies that could hurt during their fall. The opportune pretorian intervention, at exactly the right moment when the new urban situation requires it, constitutes an irrefutable proof that the Roman jurisprudence, far from fossilizing, is always ready to provide the solutions required by the changing social demands.

ИЗВЪНРЕДНО ДОГОВОРНО ПРАВО ИЛИ КАК ДА УРЕДИМ ДОГОВОРНИТЕ ПРОБЛЕМИ ПО ВРЕМЕ НА ПАНДЕМИЯ

Author(s): Pascal Pichonnaz / Language(s): Bulgarian Issue: 1/2021

Despite the significant number of measures taken by the Swiss Federal Council (Government) in relation to the COVID-19 pandemic, problems regarding the economic balance between contracting parties have not been subject to specific interventions. The article points out that an individualistic approach, in particular through the rules of unforeseeability, is partly unsatisfactory in view of the systemic issues at stake and the risk that the burden of all additional individual actions represents for the judicial system as a whole. The author stresses the importance of a duty of renegotiation between the parties, based on the rules of good faith in business, the content of which must take into account a dynamic approach, inspired by historical experience. The article then suggests substantive and procedural rules for an extraordinary contract law to deal with systemic contractual imbalances. A relational approach to the contract, as well as a more solidarity-based conception of it, must lead to renegotiations and group settlements, which are relatively binding for the contracting parties, or even to solutions imposed by the authorities as a last resort.

Wolność religijna w kontekście chrześcijańskich mniejszości religijnych w regionie MENA

Author(s): Justyna Salamon / Language(s): Polish Issue: 37/2021

The aim of this article is to analyse the religious, social, and political situation of Christians in Muslim countries in the MENA region (North Africa and the Middle East). The first part of this article presents considerations and definitions. In addition to the historical outline, information relating to the contemporary situation during the COVID-19 pandemic is presented. The focus of the research was to answer the question of how the situation of Christians has changed. Did the restrictions introduced affect the celebration of religious practices? Were Christians discriminated against in accessing health care and social assistance? Attention was also paid to the statistical data published both by the Christian non-profit organisation “Open Doors” and by the American non-profit organisation “Freedom House.” This article uses the historical method, also known as the genetic method. Its main purpose is a chronological description of the evolution of the status of religious minorities in Muslim countries. A comparative method devised by Arendt Lijphart was also used. Romanian religious scholar Mircea Eliade was also a proponent of combining the comparative and historical methods. Eliade believed that religious studies should use two mutually complementary methods: the phenomenological description of religious structures and the historical-comparative method – a holistic approach to religion. In the context of research, the general concept of man, according to which he is a religious being (“homo religiosus”), is relevant. Reference was made to relevant Spanish-language. The last part of the article compares the persecution of Christians with the phenomenon of Islamophobia to show the similarities or differences between the two negative phenomena.

EXTRADITION IN THE CRIMINAL PROCEDURAL LEGISLATION OF UKRAINE: COMPLIANCE WITH THE EUROPEAN STANDARDS

Author(s): Victoriia Rohalska,Oksana Bronevytska,Gediminas Bučiūnas / Language(s): English Issue: 1/2022

The importance of legal regulation of extradition in the system of legal aid in criminal proceedings is determined both by the national interests of states and the interests of international cooperation in combating transnational and international crimes. The objective of this paper was to get the answer to the main question of this research - Did the provisions of the law on extradition in Ukraine meet international standards? A set of general and special scientific, and philosophical methods of scientific research were used while preparing this article, to clarify the approaches to the extradition procedure of different countries and in practice. The results of the research suggested that the current criminal procedure legislation of Ukraine in the sphere of extradition generally meets European standards. Although, there are some gaps in the national legal regulation of extradition that may adversely affect the observance of the rights and freedoms of persons to whom it is applied.

SOME ASPECTS REGARDING THE WORSHIP OF WATER IN ROMAN MYTHOLOGY

Author(s): Cristina Pop / Language(s): English Issue: 2/2021

The worship of the water is part of religious practices of all polytheist peoples from Antiquity. It also held a large place in legends and in worship among Romans. For them, the sources of water, rivers and seas were inhabited by deities who were to be pleased and appeased with prayers and sacrifices. They were among the indigetes and appeared in the indigitamenta of the pontiffs, as in the ritual formulas of the augures. Therefore, Romans, in order to attract their good graces and turn away their anger, addressed prayers to gods of water, offered them sacrifices, built shrines and temples for them.

Библиография на българската правна литература за 2020 година

Author(s): Blagovesta Balkandzhieva / Language(s): Bulgarian Issue: 1/2022

ON JUST, JUSTICE AND DISTRIBUTIVE JUSTICE: A CRITICAL AND COMPARATIVE DISCOURSE

Author(s): Sooraj Kumar Maurya / Language(s): English Issue: 2/2022

Despite being endlessly debated, a unanimous impetus on the nature of just, justice, and distributive justice appears entirely untouched to the desirable scientific certainty so far. Aristotle asserts treating’ equals equally and un-equals unequally’ but in proportion to their relevant differences. John Rawls says 'justice as fairness.' To both Aristotle and John Rawls, justice meant for the good and a willingness to act by the laws to ensure the highest good of society. Antecedently, both agree that justice is a master imperative for good human relationships and coexistence. However, despite the universal agreement, they differ in many fundamental respects. Aristotle denies the outbound distribution of an individual's rights as only the head of the family has the right to free speech in the family. But, Rawls distributes each right to the individual level. The paper attempts to discuss the similarities and dissimilarities in Aristotle's and John Rawls'ideas of just, justice and distributive justice. It has been argued that the aim of both philosophers was the same, i.e., to find out a theory of justice through which unity, harmony, virtue, and happiness can be attained to the fullest in a nation.

THE LEGAL ROLE OF GOVERNMENT IN PROTECTING CULTURAL HERITAGE AND ARCHAEOLOGICAL SITES IN THE WAR-AFFECTED COUNTRIES: THE CASE OF IRAQ AND SYRIA

Author(s): Rukhsar Ahmad / Language(s): English Issue: 2/2022

Conserving cultural heritage and archaeological sites have become a serious national concern in the Middle East for the war-affected countries, including Iraq and Syria. Because looting and violence have caused massive destruction of cultural heritage and archaeological sites, this study aimed to analyze the legal background concerning the protection of cultural heritage and archaeological sites in the context of Iraq and Syria during 2014 with the rise of the Islamic State of Iraq and Syria (ISIS). This study used the content analysis method and cross-country analyses for Iraq and Syria. The study is guided by two main questions: What is the government's legal role in protecting cultural heritage and archaeological sites? Are there any legal authorities in Iraq and Syria to protect cultural heritage and archaeological sites during war and conflict? In the end, this paper suggests that protecting cultural heritage is the legal responsibility of government which is supposed to be enforced in the legal foundation of the state as a national sovereign power.

The New Humanities: In Search of Boundaries

Author(s): Agata Bielik-Robson / Language(s): English Issue: 44/2022

This article attempts to discuss the philosophical contexts and meaning of the new humanities in the context of the philosophy of subjectivity. At the foundation of the new humanities, as it is argued, is not enlightenment, but Heidegger’s thought, with his excoriating critique of modern subjectivity and its Machenschaft. The article points to the foundational hubris that the new humanities oppose, and to the attempt to reinstall the subject within fixed boundaries. The new humanities, and posthumanism in particular, might backlash with violence against civilisation, comparable to that they endeavour to renounce. In order to manoeuvre through these convoluted figures of subjectivity, the article supports its theses with insightful readings of Hölderlin and Adorno.

The administrative capacity to manage the effects of the COVID-19 pandemic in schools: legality of personal data processing concerning the staff vaccination status in order to resume courses with physical presence or online*

Author(s): Silviu-Dorin Șchiopu / Language(s): English Issue: 1/2022

The administrative capacity of public authorities and bodies, as well as of the institutions under their subordination/in their coordination, includes, not only all material, institutional and human resources, but also the actions they carry out for the exercise of the competencies established by law. In the context of the COVID-19 pandemic, the Minister of Education together with the Minister of Health issued Joint Order no. 5558/2389/2021 which provided that, starting with 8 November 2021, the resumption of courses with physical presence is to take place in all pre-university education units in which a minimum percentage of 60% of the staff is vaccinated, otherwise the resumption of courses will be done online, and the Boards of Directors of the pre-university education units issue the decision on how to resume the courses. Therefore, this study will analyse, in the light of data protection legislation, if, in view of the competencies established by law, the pre-university education units had the necessary administrative capacity to issue an informed decision on how to resume the courses. The main conclusion after analysing the legal framework is that the legitimate basis for personal data processing concerning the staff vaccination status can only be point (c) of Article 6 (1) and point (g) of Article 9 (2) of Regulation (EU) 2016/679, but the Joint Order no. 5558/2389/2021 does not fall into either of these two legal basis for the processing, with the consequence that the Boards of Directors were in fact deprived of the necessary administrative capacity to issue the decision on how to resume the courses.

The “mandatory” right to education as means of reintegration into society

Author(s): Crina Bianca Vereş / Language(s): English Issue: 1/2022

Internationally, human rights law guarantees a universal right to education. Education and training of inmates help reduce the social costs of crime. People outside of the prison environment have the luxury, or better yet freedom, of choosing the reason for pursuing a form of education or training, whilst for prisoners it is predetermined. Given that its final scope is the reintegration of prisoners into society as full functioning citizens, the right to education becomes an obligation to the state to guarantee the access to the resources available. Thus, the complexity of this right can be better seen in the prison environment, as its final purpose is to ensure that discipline and order are maintained in society.

БЪЛГАРСКИ ЛИЧНИ ДОКУМЕНТИ, ИЗДАВАНИ НА ЛИЦА С ПРЕДОСТАВЕНА МЕЖДУНАРОДНА И ВРЕМЕННА ЗАКРИЛА

Author(s): Tsvetomir Panchev / Language(s): Bulgarian Issue: 2/2022

Republic of Bulgaria shall provide international and temporary protection. To every foreigner that has been granted international protection shall be issued Bulgarian identity documents. International protection shall be provided by virtue of the Refugees relating to the Status Convention (made in Geneva on 28 July 1951) and the Protocol relating to the Status of Refugees of 1967 and other international acts on the protection of human rights. A foreigner with granted international protection shall have the right to reside on the territory of the Republic of Bulgaria for the period of validity of the Bulgarian personal documents, issued to him. He has the rights and the obligations of Bulgarian citizens with some exception. On the other hand, temporary protection shall be granted in case of mass refugees’ influx who are forced to leave their state of origin due to armed conflict, civil war, foreign aggression, violation of human rights or heavy violence in the territory of the respective state or in an individual region thereof, and who because of this cannot return there. Republic of Bulgaria issued a registration card to a foreigner, to whom temporary protection has been granted – for the period of protection. This article is an attempt to interpret the terms and the procedure for providing protection to foreigners on the territory of the Republic of Bulgaria, as well as their rights and obligations, including conditions of issuance and using Bulgarian personal documents. The author’s aim is to provide a legal different between International and temporary protection.

THOU SHALT NOT KILL EXCEPT... ABORTION, EUTHANASIA, SUICIDE AND THE DEATH PENALTY – JUSTIFICATION IN RELIGIOUS AND SECULAR POPULATIONS OF LATVIA

Author(s): Agita Misāne,Ivars Neiders,Ritma Rungule,Silva Seņkāne / Language(s): English Issue: 2/2022

United Nations and Council of Europe documents recognize human life as a universal value. However, there are differences in the application of this principle in practice, since exceptions are allowed by the laws of different countries allowing medical abortion, assisted suicide, euthanasia, and the death penalty. In addition, citizens are not unanimous on the question of when the ending of one’s own life or that of another is justified. The aim of the article is to find out the relationship between the religious identity of the Latvian population and attitudes towards four morally controversial phenomena such as abortion, euthanasia, suicide, and the use of the death penalty, using data from the European/World Values Studies of 1996 and 2021. The article uses cluster analysis and linear regression. This study finds that in 2021, society has demonstrated less justifiability of abortion, euthanasia and suicide compared to 1996. Statistically significant differences between religious and non-religious populations are observed in attitudes towards abortion and euthanasia, while differences in attitudes towards suicide and the death penalty are less pronounced.

Protection of Children's Cognitive Integrity - a Legal and Educational Context. TikTok case

Author(s): Dana Volosevici,Dragoş Grigorescu / Language(s): English Issue: 2/2022

In the paper we propose to analyze both from the point of view of the legal provisions in force, but also from the educational point of view, the cognitive situation of children in the face of exposure to applications such as those with a wide audience dedicated to socialization. Among the social interaction tools widely used by young people and children, we have chosen the TikTok application, as an illustration of the ways of legal and educational regulation with the aim of protecting the cognitive integrity of children. In the absence of effective legal actions and educational interventions by the decision-makers regarding children's development, in our opinion, the cognitive autonomy of children is seriously affected. At the same time, we present sufficient legal and educational ways to preserve the academic well-being of children.

Concept of Liability, Legal Liability, and Budgetary Responsibility

Author(s): Ivana Pařízková / Language(s): English Issue: 1/2023

Responsibility is a concept used in common communication but also as a technical term, especially in the legal sciences, but also in psychology, ethics and sociology, philosophy, and theology. In many languages, the etymology of the term is based on the Latin respondeo, which means answering someone, giving an account, or simply giving an answer to a question. In law, responsibility is understood as the necessity to bear the consequences foreseen by law for the actions of the responsible entity or for the result attributed to the responsible entity. And at the same time, we can also state that legal responsibility is a legal relationship in which a secondary obligation arises for the responsible subject by violating his primary obligation.

O nouă reglementare - Statutul lucrătorului cultural profesionist

Author(s): Alis Vasile / Language(s): Romanian Issue: 1/2023

The paper presents a new regulation issued in Romania, in April 2023, regarding the Status of the professional cultural worker, following the E.U. and UNESCO recommendations on the matter of the precarity of artists and cultural workers activity; although not all the UNESCO recommendations are observed by the Romanian regulation, it represents a first step in supporting the independent cultural sector, namely professionals outside the „employee” legal framework, based on a regular „work contract”, offering tax reductions, right of fee negotiations and recognition of work experience. The paper also analyses the international recommendations in force, current national regulations on the status of the artist and the cultural worker, as well as data from recent research on the subject. A special section of the article refers to the present situation of specific occupations in the field of cultural heritage in Romania, indicating the potentially low impact of the new regulation in this particular sector, due to the current national institutional and legal context that favours the regular „work contract”.

Virtual Professional Identity, Legal and Ethical Aspects. A Conceptual Framework

Author(s): Dragoş Grigorescu,Dana Volosevici / Language(s): English Issue: 1/2023

The text uses two tools to interpret the relationship between employee and employer. The first tool is anthropological, while the second is a legal one. In this way, the complex relationship between an employee and an employer is analyzed in the larger context of doubling the real identity of the two participants with a virtual identity for each of them. Therefore, the relationship will include two levels of reporting from the employee to the employer and vice versa. The employee will be viewed by the employer both as a natural person, therefore real, but also as a virtual person with the virtual identity or profile. In turn, the employee will refer to the employer both as a legal person and as a virtual legal person. In the following lines we propose to establish a possible ethical boundary between the employee and the employer as virtual entities capable of orienting the anthropological and legal analysis.

Юридическото образование като фактор за обществена сигурност

Author(s): Maria Neikova / Language(s): Bulgarian Issue: 6/2023

Security in modern society has meaning more than just protecting territory and sovereignty. The dynamics of the existing and emerging new threats in modern world, require ensuring security in society. Security is closely related to legality. Achieving security is directly related to the presence of trust and respect for the rule of law as a factor of fundamental importance for citizens to have confidence in public institutions. Without the existence of such trust, democratic societies cannot function. Legal education is the one that provides knowledge but it also forms personalities. Individuals who can be a provider of guarantees for stability and security in our society.