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Sudski aktivizam u zaštiti od diskriminacije

Author(s): Dejan Pavlović / Language(s): Serbian Issue: 15/2016

The aim of this paper is to provide the proposal for a feasible and effective model that the Constitutional Court of BH could utilize to remedy the problem of the constitutional-based discrimination of minorities within the electoral process in Bosnia and Herzegovina. The issue at stake came into focus of legal and political science scholars after the ECtHR delivered its famous decision in case Sejdic-Finci in December 2009. The proposed approach of the Constitutional Court of BH is to increase its judicial activism, since it is the only stakeholder equipped with the necessary tools for resolving the problem that brought the political elites into a deadlock.

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CHILD-FRIENDLY LEGAL AID IN CIVIL COURT PROCEEDINGS: International standards and the circumstances in the Republic of Serbia

Author(s): Nevena Petrušić / Language(s): English Issue: 3/2016

The paper discusses international standards on the provision of legal assistance to children in civil and administrative proceedings in the context of the contemporary concept of child-friendly justice. The author critically analyzes the national legal provisions on legal assistance to children, which provide for the implementation of constitutional norms on the right to access to justice and the right to a fair trial. As children are fully entitled to these rights, the author underscores the need to establish an effective and sustainable national system of child-friendly legal aid.

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ZASADY PRAWIDŁOWEGO ZATRUDNIANIA KADRY URZĘDNICZEJ

Author(s): Teresa Curzytek / Language(s): Polish Issue: 18/2016

Produced documentation is a reflection of the statutory activity conducted by the entity con-cerned. The correctness of documentation produced depends on the knowledge of the legal regula-tions by the official who creates the documents technically and legally. Every official is obliged by the law to follow the procedures of proper creation of documents. If he does not complywith it he may be held responsible disciplinary or financially. Lack of proper documentation often leads to the bankruptcy of enterprises and the financial responsibility of the State Treasury, where the Treasury is indebted to the citizen and is responsible for the mistakes made by officials. Officials do not know the rules of law, the rules are dead because they are not consistently en-forced by the entity management. In order to avoid irregularities there should be carried out an appropriate election of employees at the recruitment stage. Employees should get fixed-term con-tracts after a trial period. If the worker is good, he can get contract for an indefinite period but his knowledge should be tested from time to time. Dokumentacja jest odzwierciedleniem działalności statutowej prowadzonej przez dany pod-miot. Dobrze prowadzona dokumentacja zależy od znajomości przepisów prawa o tworzeniu prawidłowej dokumentacji pod względem technicznym i prawnym przez urzędnika, który generuje dokumenty. Każdy urzędnik jest zobowiązany przez obowiązujące go przepisy prawa do przestrzegania procedur prawidłowego tworzenia dokumentów. Jeśli dokumentacja nie jest prowadzona w sposób zgodny z przynależnymi przepisami prawa, urzędnik może zostać pociągnięty do odpowiedzialności dyscyplinarnej, finansowej lub karnej. Brak odpowiedniej dokumentacji często prowadzi do bankructwa przedsiębiorstw i finansowej odpowiedzialności Skarbu Państwa. Tym samym za błędy urzędników płacą tak naprawdę obywatele.Urzędnicy uważają, że znajomość podstaw prawnych przy tworzeniu dokumentacji jest im zbędna z uwagi na to, że przepisy prawa są martwe, ponieważ nie są konsekwentnie egzekwowane przez kierownictwo jednostki. W celu uniknięcia nieprawidłowości już na etapie rekrutacji do pracy powinno się wybierać odpowiednich kandydatów. Pracownicy powinni dostać kontrakty na czas określony po okresie próbnym. Jeżeli pracownik dobrze wykonuje powierzone obowiązki, może dostać umowę na czas nieokreślony, natomiast przełożeni powinni sprawdzać zgodnie z obowiązującymi procedurami prawnymi jakość wykonywanych obowiązków oraz znajomość podstaw prawnych).

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Ограничения принятия подарков должностными лицами Латвии как противокоррупционный элемент.

Author(s): Anatolija Jurijs Skorodihins / Language(s): Russian Issue: 4/2012

Officials must make decisions objectively and fairly. Acceptance of gifts can create the impression that the official had acted in the interests of the giver, thus reducing the confidence of the public in general. Gift for official could become as memorable thing, as gratitude for service or also as a means to influence decisions. Gifts affect human behavior. The benefit creates a person sense of commitment and a desire to thank. Representatives of the company or colleagues may cause doubts about the honesty of performance. Might give the impression that gift is the reward made or planned transaction or failure to act in the interests of the giver. In Latvia there are limits to take the gifts for officials, which associated with ensuring that officials of State agencies and local municipalities have worked for the benefit of society, and not by private interests.

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Classical Social Theory and Ideas of Responsibility and the State in France and Germany

Author(s): Roger Coterell / Language(s): English Issue: 1/2013

Social theory can aid comparative legal studies by revealing currents of social ideas in which law develops. A comparison of major contributions to French and German social theory between the mid-nineteenth and the early twentieth century presents striking contrasts in understandings of the nature of legal responsibility and the function of the state. It shows two different movements of thought: one elaborating a view of law mainly as a technology of government overseeing and co-ordinating individual interests; the other emphasising the law’s importance in nurturing social solidarity and facilitating collective responsibility.

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Przestrzenne zróżnicowanie zagrożenia przestępczością w Polsce

Author(s): Kinga Kądziołka / Language(s): Polish Issue: 2/2016

The aim of the article is to analyze spatial variation, structure and dynamic of crime rate in Poland. There was presented changes in the structure and dynamic of crime rate in Poland. To identify groups of poviats similar in terms of the intensity of selected categories of crimes there was used Ward’s method. Special attention was paid to the problems associated with the measurement of crime.

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Final Offer Arbitration: An Innovative Institution in the ADR Market

Author(s): Aleksandar Mojašević / Language(s): English Issue: 4/2016

In this paper, we present a new form of arbitration called the Final Offer Arbitration (FOA), which is insufficiently known to the domestic public. It is a form of arbitration that was initially used in American practice for solving labor disputes in the field of sport and the public sector. Since its inception, it has attracted the attention of scholars and researchers who have started to examine its efficiency in relation to the traditional form of arbitration. In this context, we first present current theoretical and empirical knowledge about the advantages of the traditional arbitration over litigation. Then, we focus on the comparative advantages of the final offer arbitration in relation to the traditional arbitration, primarily in terms of its efficiency. An issue of particular interest is which of these two models of arbitration, the traditional or the innovative one, provides stronger incentives to the disputing parties to enter the process of negotiation and final settlement.

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Is Mediation Viable in Administrative Matters?

Author(s): Dejan Vučetić / Language(s): English Issue: 4/2016

The first part of the paper presents the general characteristics of mediation as a form of alternative dispute resolution. After that, a detailed comparative law review is provided of those legal systems where mediation exists as a possible way of resolving administrative matters. This is followed by an overview of "neuralgic" points of administrative procedure from the aspect of applying mediation in administrative proceedings. The paper ends up with a detailed analysis of constraints pertaining to the use of mediation in resolving administrative matters and discusses whether mediation may be realistically expected to be included in the procedure for resolving administrative matters in the Serbian legal system.

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Psychological Issues in Family Mediation

Author(s): Dejan Janićijević / Language(s): English Issue: 4/2016

The aim of this paper is to point out to certain problems that may appear in the course of family mediation, whose overcoming does not require only legal but also psychological knowledge and skills on the mediator’s part. The causes of multiple barriers to mutually agreed family dispute resolutions are recognized in the effect of psychological factors, such as excessive optimism, degree of tolerance, risk or loss aversion, reactive devaluation, insisting on the personal understanding of justice, etc. At the end of the paper, the concrete approaches to family disputes are offered to potential mediators.

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Families and Mediation: The Impact of Various Mediation Styles in Child Custody Cases

Author(s): Jelena Arsić / Language(s): English Issue: 4/2016

The child custody disputes may have different backgrounds, such as: divorce, guardianship, adoption, child abuse and neglect, etc. Quite often, however, parents’ separation and divorce raise the issue of child custody. Families dealing with these stressful life events face a tough time of insecurity and confusion. Studies have shown that the degree of cooperation or conflict between parents is the factor that significantly contributes to how the children will react to their parents’ divorce or separation. Unfortunately, the adversarial process has not proven to be the best method to help parents to cooperate and support each other when the lives of their children are being discussed. In contrast to litigation, mediation has showed to be a process that diminishes negative consequences that often result from custody disputes. Mediation brings parents together, emphasizes their common interests, and helps them make decisions that will benefit the whole family. During the past few decades, international mediation practice has developed various mediation styles, nowadays used by mediators to manage different types of disputes. This paper will address one of the most discussed classifications of mediation styles with an effort to reach conclusions on the most appropriate approach to mediating child custody disputes.

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Interpretacja obowiązków poddłużnika w związku z egzekucją sądową z instrumentów finansowych - analiza zakazu wykonywania dyspozycji z art. 9118 § 1 pkt 2 k. p. c.

Author(s): Oskar Skibiński / Language(s): Polish Issue: 5/2015

The article is devoted to a semantic analysis of the prohibition on executing a disposition which is imposed on a debtor who appears in an enforcement proceeding as a subject keeping an account of a debtor’s dematerialized securities. The author analyzes the Code of Civil Procedure and Trading in the Financial Instruments Act in order to identify the legal meaning of the word ‚disposition’. To this end, the author compares the obtained results with the meaning of the word in the vernacular, colloquial language and the specific language used by brokers. Then, based on the findings, the author explains the functioning of the prohibition to execute a disposition in selected situations which may occur at that stage of the manner of enforcement. It has been found that the obliged entity follows the notification of seizure until the dispositions have been enforced. After that moment, for each disposition, a proper evaluation of the notification of seizure is not possible.

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Prilog kritici Radbruhove formule

Author(s): Bernd Šineman / Language(s): Serbian Issue: 1-2/2013

In his lecture Bernd Schinemann sets up criteria for a definition of law that would prevent escape from justice of perpetrators of crimes in non-democratic and totalitarian regimes. In this context Schinemann critically evaluates Gustav Radbruch’s theory on relationship between definitions of law and justice. Radbruch’s formula’s specific function is to stress that if one is to declare particular pieces of legislation of a former legal system null and void, then one could base criminal persecution of past crimes only on pieces of old legislation that are still considered to be in force. German courts used this doctrine after WW 2 as basis for criminal proceedings against persons accused for perpetrating crimes in the times of Nazism and during subsequent Communist rule in German Democratic Republic. Schinemann on the other hand provides arguments that demonstrate weaknesses of Radbruch’s formula. He maintains that public communication of rules and compatibility of such publicly communicated rules with the culture of a particular society provide a more reliable basis for defining the law and criminal persecution of crimes perpetrated in non-democratic societies. Law is the sum of legal values and rules of conduct recognized in a particular society.

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Общественные блага и трагедия общин – проблема общей собственности

Author(s): Adrianna Siebers / Language(s): Russian Issue: 4/2014

The aim of the study is to evaluate the selected issues concerned with the functioning of the notion of common good in relation to the co-ownership. The author presents the construction of this two forms with a special emphasis on the social aspect of the common good in the public space.

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Право собственности на домашних животных

Author(s): Maria Rudzitis / Language(s): Russian Issue: 4/2014

The study aims at an evaluation of the pet ownership in the Russian civil law system. The author analyse that particular example of ownership, its subject and object with a special emphasis on the withdrawn.

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Приобретение права собственности на бесхозяйные вещи

Author(s): Catherine Shebetnikova / Language(s): Russian Issue: 4/2014

The study aims at an evaluation of the acquisition of the ownership of the unclaimed property. The author present this form of the acquisition of the right to property in the Russian Civil Code emphasizing the necessity of fulfilling law norms.

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Legal professions

Author(s): Błażej Kaucz / Language(s): English Issue: 2/2016

Legal professions play a pivotal role in modern legal systems. Due to their systemic importance, legal professions had to develop strategies to sustain their existence and retain their influence. One of such strategies would be to foster unity of the legal profession(s) amongst themselves and its members. This strategy is embedded in all the stages of entering legal professions, as well as in the later phases of a career development or progression. Having that in mind, this paper aims at shedding some light on the importance of that strategy employed to maintain the subsistence of legal professions.

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Death with Dignity: The Legal Dilemmas of Euthanasia

Author(s): Krzysztof Gorazdowski / Language(s): English Issue: 5/2018

Death with dignity is very often equated with euthanasia and assisted suicide, which are regulated as prohibited acts in articles 150 and 151 of the Polish Penal Code Act of 6 June 1997. However, the media discussion between supporters and opponents of legalization of euthanasia, which is heating up especially when there are cases of terminally ill people who publicly demand the right to a dignified death without pain and suffering, which would entail the decriminalization of euthanasia and assisted sicide in national law. In the European Union, there are no uniform solutions in this respect and each of the member countries can adapt its internal legislation to its own legal regulations. The article points to the definitions and types of death as a legal and medical event, an analysis of existing legal regulations in Polish law related to euthanasia and its variants including assisted suicide. Additionally, it clarifies important legal doubts related to the existence of the right to a death with dignity as a normative category resulting from the Constitution and a cautious approach of the direction of changes in law in this area in the nearest future – proposing the adoption of a specific legal model due to the approach to the legalization of euthanasia within the European Union and changes in views on euthanasia in the opinion and public awareness in recent times.

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Study of sociology of law in Indonesia

Author(s): Yogi Prasetyo Absori,Yogi Prasetyo Absori / Language(s): English Issue: 6/2018

This article is the result of research which aims to explain the importance of study about sociology of law. The rapid development of society can lead to problems in life. The demands of a practical interest must be immediately fulfilled by human beings. Therefore, the development of sociology of law as a discipline of law that is closely related to real life in society becomes an urgent role. There are various problems in social relations that require the role of the law to solve them. Seeing how the law of life and development in society becomes important in the science of law, because law and society can not be separated. The research method used is literature study with philosophical approach. From the results of research shows that the study of sociology of law is very important to see and understand the law in real life in society. The method of generalized inductive reasoning becomes the sociology of law to gain an understanding of it and its practical value of use makes sociology of law a legal discipline that can follow the realities of the times.

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Politica, promisiunile şi pericolele abordărilor în materie de violenţă împotriva femeilor în România anilor 2000

Author(s): Andra-Mirona Stan-Dragotesc / Language(s): English Issue: 1/2024

The matter of combating violence against women was included on the political and public agenda in Romania in the early 2000s. A law addressing domestic violence was passed in the Romanian Parliament in 2003, but the legislative and policy making actions concerning this matter was mainly part of a paradigm of simulated change in the following years, as Romania became a member state of the European Union. Moreover, public and political discourses on this topic have been filled with references to European identity (and, by default, non European identity), rendering the fact that addressing violence against women was included on the publics and political agenda as a signifier of European membership.

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Obligation to Keep Professional Secrecy vs. the Need (Possibility) to Disclose the Circumstances Covered by It by the Advocate/Attorney-at-Law

Author(s): Arkadiusz Bereza / Language(s): English Issue: 3/2024

Issues regarding the scope of professional secrecy and the obligation to keep it by the advocate or attorney-at-law are currently the subject of debate in the Polish legal community. This is due to both the fundamental importance of professional secrecy for the correct practice of the legal professions of advocate (Pol. adwokat) or attorney-at-law (Pol. radca prawny), as well as the inconsistency of the statutory provisions and the relationship of these provisions to the deontological regulations. The breach of the obligation of professional secrecy entails criminal and/or disciplinary liability. At this point, a problem arises concerning the disclosure of facts covered by professional secrecy by an advocate/attorney-at-law in the situation of a civil dispute with a former client or charges brought against the advocate/attorney-at-law in criminal or disciplinary proceedings for reasons related to the legal assistance previously provided. In such a situation, disclosure of information covered by professional secrecy – to the extent, of course, required by necessity – does not constitute a criminal offence (disciplinary offence) of an advocate/attorney-at-law due to the fact of acting under the state of necessity in order to save a higher-value good such as the right to court or the right of defence, respectively. Moving away from this complex construct and strengthening the standards of liability by striving for maximum definiteness of the prohibited act speak for making statutory amendments to indicate the specific behaviours of an advocate/attorney-at-law that do not constitute a breachof professional secrecy. Despite the ongoing work and accompanying analyses carried out in legal professional self-government organisations, none of them has so far decided to propose such a bold legislative change officially.

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