Around the Bloc: Trial of Azerbaijani Journalist Rasim Aliyev’s Alleged Killers Starts
Former Qabala FK soccer club captain Javid Huseynov, whom the journalist insulted on Facebook, faces separate trial for not reporting a crime.
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Former Qabala FK soccer club captain Javid Huseynov, whom the journalist insulted on Facebook, faces separate trial for not reporting a crime.
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The biodiversity is an inexhaustible reservoir of resources which ensure useful solutions of human beings. Therefore, it is necessary to protect natural resources. This paper presents selected issues on the sui generis protection of biodiversity established according to the Convention of Biological Diversity of the 5 June, 1992. The problem in-question was analyzed through the prism of the ABS tool – The Access to genetic resources and equitable Sharing of Benefits (Access and Benefit Sharing). The prior consent to resources was presented with reference to the ABS. Moreover, the analyze has been broaden by the subject matter of the relationship between the ABS and the patent law. This essay presents two main thesis in the area if the sustainable use of the biodiversity, and the possibility of irregularity of the provisions of the Convention on Biological Diversity and the patent law. Nevertheless, the paper discusses the biopiracy and the traditional knowledge.
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The aim of this paper is to analyze the realization of the rule of law principle and the functioning of the informal market economy framework in Poland. The starting point for this analysis is Max Weber’s thesis on the importance of the rule of law for economic success. In the context of Poland’s deep political systemic transformation, this thesis forms the foundation for a critical analysis of the creation, application, and actual functioning of law in economic relations, as broadly understood. In the first part of the paper I discuss and critically analyze the classic thesis – broadly accepted in sociology – regarding the interrelationship between law and an effective economy. In the second and the third parts of the paper, I analyze the matter of law’s creation, application, and observance against the backdrop of a market economy emerging from the ruins of a central, state command economy. The analysis herein is based on empirical data from research conducted under my supervision. Next follows a brief review of the crucial issues concerning the relationship between state agencies and economic actors. The final part of this paper investigates contemporary criticism of the formalistic rule of law principle with regard to the social and economic transformations in Central Eastern Europe. I refer to ideas which were key to these transformations, and propose a rule of law concept which would consider the sociological aspects of law’s creation and application.
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Krvava BH zbilja, koja je prije dvije godine prekinuta takozvanim daytonskim paketom, često je razlogom da se o njemu, ali i o pojedinim njegovim dijelovima, govori iz veoma različitih uklona, s različitih vijedonosnih, ponekad i dosta upitnih, pozicija. Za to, doduše, postoje i razlozi, iako ponekad više emotivni nego racionalni. Ipak, daytonski paket ima neospornu težinu već u samoj činjenici da je njime prekinuto iracionalno ubijanje, razaranje i protjerivanje ljudi s njihovih stoljetnih ognjišta. Njime su, drugim riječima, stvorene prve pretpostavke razgovora u miru, bez topova i ratnih fanfara, o krucijalnim pitanjima života, ili suživota, na bosansko-hercegovačkim prostorima.
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Applying bioethics traditional principles in modern medicine is a difficult process. Alternative approaches compete with the so-called principlism. The law is required to offer solutions that best fit contemporary realities and moral problems, always taking into account the individual and the survival of the medical system. This paper shows how the four principles of Beauchamp & Childress (2009) translate into Romanian law. It argues that social sciences shouldn’t be considered from an adversarial position with bioethics. Authors consider that the empirical based psychological and sociological findings are able to fill in the gap between bioethics and an adapted and regulated medical practice. This is true worldwide and especially in Romania, where transition makes the defensive medicine a danger for quality evidence-based care.
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The main object of the article is to present fundamental interrelations between the contemporary understanding of democratic law, democratic institutions and democratic society. Therefore, the chief concern of the article is the role of the constitution in the contemporary democratic society. Firstly I formulate five theses concerning most of all the current change of the paradigm of law against the processes of European integration driven by law. Secondly I explain the significance of the five theses and their links with the public sphere and society in three subsections. Finally, I articulate the most profound role that the democratic constitution shall cast in the democratic society.
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The initiatives undertaken in Germany with respect to the older workers are concentrated on extending their vocational activity, including the issue of unemployment prevention, labour market activation and limiting the access to the passive form of support. The main purpose of the study is to present a general overview of legal measures that support employment of older German workers and therefore prevent their unemployment. The analysis of the legal construction and effectiveness of these measures, supplemented by the results of researches conducted in other selected European countries, will provide the basis for developing a model of combating unemployment among older people in Poland. The following discussion will be focused on German legal institutions that are most frequently discussed in the literature.
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This article focuses on the legal nature of the civic duty to report an offence (Article 304(1) of the Code of Criminal Procedure). Assuming that the solution does not constitute a classic example of lex imperfecta, it is concluded that the breach of its provisions might produce effects only in the sphere of moral judgements. While reflecting on the so-called imperfect norms (norms without sanctions), the analysis concerns not only their legal nature and compliance with the requirements of the principles of legislative technique, but also the possibility of compliance with the current provisions of law being motivated by both an external compulsion and an internal compulsion arising out of the authority of law or persuasive and educational processes. Furthermore, based on the analysis of the civic duty to report an offence in terms of criminal trials, it is concluded that the mechanism does not merely create a regulatory framework for rewarding active civic involvement in crime prevention, but also mandates to count on loyalty of that part of society which has internalized certain norms and values correlating with the requirements of the criminal legislation for the public. It also implicates a need for sanction on criminal law.
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The article is devoted to the right of legislative initiative deriving from the principle of popular sovereignty. The right of legislative initiative is one of the forms of participatory democracy. The popular initiative is regulated by the Art. 118 par. 2 of the Constitution of the Republic of Poland and by the act on exercising rights of legislative initiative by citizens of 24 June, 1999. The right of legislative initiative is exercised by collection of 100 000 signatures with regard to the bill. Once the required number of signatures have been collected, the bill in the form of the right of legislative initiative is filed to the Speaker of the Sejm. The Speaker then processes such a case.
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The right of family members of EU citizens to live with them in the host Member State has always been considered essential for an effective freedom of movement of citizens. This paper examines this right guaranteed by the secondary law, taking into account case law interpreting the relevant provisions of Directive 2004/38 and Regulation 2011/492. In this paper we focus on the specific additional protections afforded both by EU legislation and by the Court of Justice to family members—especially children—in order, in certain circumstances, to make their rights "autonomous" from those of the mobile EU citizen so they may continue to reside in the host Member State.
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The purpose of the present text is to provide analysis of the public health argument in the context of the debate over legalisation of soft narcotics. The first part provides an explanation of the terms used, followed by an analysis of the term ‘public health’ in the legal terminology. The analysis of this termand the arguments built on that basis leads to a conclusion that the public health argument in the discussion about legalisation of soft narcotics is little convincing and lacks a sound, theoretical basis. Despite the fact that public health remains among the arguments most often raised in the narcotics discourse, in the final part of this work – drawing on the study of J. Haid in the area of psychology of morality – a possible explanation is presented as to why the argument of public health remains popular.
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The aim of the article is to present some aspects of social and psychological phenomena of drug abuse in relation to a demand for drug legalization. There are many factors behind drug abuse by a young person, as for example: a pathological family, influence of a peer group or a weak will and failure to cope with various problems. These examples are supported by presented in the text statements of the addicted. They present how difficult it is to get rid of addiction and how quickly a need for a bigger amount of a drug appears.
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Patent advisor must have extensive experience in industrial property activity in order to analyse together with the inventor of all aspects related to the invention, both during drafting documentation and during its review by the Office of Inventions, and then, throughout the period of validity of the patent.
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The identity of law and its qualifying power is rooted in the essence of law. To defineit, so it is finally confirmed by communis opinio doctorum is impossible, simply unavailable.Whatever it is or it is not, probably it creates the insuperable difficulty as it includesthough it is unknown how it ties in, various ideas, very often of the lofty character,with law which is a sphere of outstandingly factual property.
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The article contains a concise analysis of issues related to the special areas createdto conserve nature where the particular legal regime is applied. The author draws attentionto the legal nature of the conservation areas, their diversity, their significant amountand the reason for their creation as well as legal and administrative implications fora citizen. The analysis also covers the rules of law making distinguishing particular legalregimes for special areas created for nature conservation.
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The increasing economic activity and the integration of markets in the European Unionallow more and more companies for cross-border economic activity and cross-bordertransformation. However, in order to enable companies to restructure successfully acrossborders and to choose law that best fits their organizational structures and economic needs, the barriers resulting from different traditions and doctrines of law must be removedas they severely limit the possibility to make quick and effective decisions, reallocateresources or restructure. The existing differences between the national systems ofconflict law and regulations concerning the freedom of establishment cause that the effectsof cross-border activities are not always transparent and predictable. For this reason,Europe should clearly and explicitly define the relationship between the national rules oncompany law and the choice of appropriate law which will allow companies for greatermobility both in Europe and outside.
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The prohibition of unfair competition is an issue which in the sphere of economic relations still arouses great interest. What is more, it is also a subject of research constituting a part of legal ethics. This fact is obvious at least because the market of legal services is still subject to numerous changes and influences of economic nature, which can be answered only by a consistent adherence to ethical standards. The article is a preliminary attempt to present the issue of unfair competition just from the perspective of legal ethics.
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The regulation of funeral payments has recently raised a number of objections. The controversies concern the personal scope of the entitled to benefit from this payment -family members of the deceased. The use of the term “spouse” by the legislator without clarifying its meaning has caused confusion in terminology. As a result, it is not known whether a “spouse” should be understood as a spouse remaining in a marriage, a spouse in a legal separation or a spouse in separation de facto. In case of funeral payments there is also a problem with the determination of the insurance risk. It would allow to clarify the division of insurance risks and to organize their internal structures. The Author critically assesses the amount of funeral payments adopted in 2011.
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After many years of effort, in 2011, a large package of new solutions was introduced to the Polish electoral law (postal-voting, quotas, etc.). But the process of changing electoral law cannot be considered as complete. Some of the solutions implemented require adjustment and modification (such as electoral quotas). It is also worth taking into account, inter alia, demographic changes and technological developments; considering the prospects for the evolution of mechanisms in the long term (such as the introduction of electronic voting and reducing the voting age). A few weeks before the European Parliament elections in 2014, the Centre of Electoral Studies and the Public Opinion Research Center, conducted polls to assess public opinion on a group of constructions that were being considered by experts and in parliamentary works on electoral law. The research shows that Poles are against the proposed reduction in voting age (to 16 years) as well as against removal of the “electoral silence” period. Opinion on electoral quotas was divided. The research also showed that although Poles are open to new, remote methods of voting (e.g. postal voting), they still preferred the “classic way” of voting in polling stations which they regarded as being the most trustworthy.
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Sociologija prava ne poznaje nikakvu pravdu. Doduše brojna empirijska istraživanja o pravdi saznaju što ljudi u različitim konfliktnim situacijama smatraju pravednim i poštenim. Isto tako su brojne sociološke teorije o pravnim normama, sankcijama, zanimanjima i sudovima. Ali ne postoji nikakva pravnosociološka teorija pravde.1 Pravnokritičke i kulturnokritičke studije običavaju otkrivati nepravde prava s obzirom na odnose između naraštaja, na etničko podrijetlo, na podjelu dobara i na kulturne uvjete života, ili uzmiču redovito pred pitanjem što bi mogla pozitivno značiti pravda prava. Normativnost pravde pojavljuje se prema tome, ako uopće, kao politički projekt a ne kao projekt prava. Je li sama pravda – fundamentalno očekivanje ljudi spram prava – slijepa mrlja razlikovanja pravo/društvo.
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