Kes kellega kohut käis? Vallakohtuprotokollide analüüs

Author(s): Kersti Lust,Siim Orasmaa,Maarja-Liisa Pilvik / Language(s): Estonian Issue: 1/2023

The article maps the conflicts of the village people using the example of the court histories of four North Estonian municipalities, to explain who went to court with whom, how often and for what matters in the years 1867–1891, and to assess how court-loving Estonian villagers were. The frequency analysis and network analysis of the court records confirm that the court was rarely and randomly approached: depending on the municipality, one person sued less than 1.5 times on average and responded 1.4-1.9 times. The structures of the networks are rather scattered: instead of resolving repeated conflicts, the courts dealt with individual cases and many different plaintiff-defendant pairs. Among the frequent plaintiffs, the owners of cattle and semi-manors, innkeepers, municipal officials, one landowner and some farmers stood out.

Repertoriul de Jurisprudență în Materie Fiscală al Curții de Justiție a Uniunii Europene, Septembrie – Octombrie

Author(s): Irina Galiș / Language(s): Romanian Issue: 5/2022

Hotărârea Curții de Justiție a Uniunii Europene din data de 8 septembrie 2022, pronunțată în cauza C‑98/21/ Hotărârea Curții de Justiție a Uniunii Europene din data de 8 septembrie 2022, pronunțată în cauza C‑368/21/ Hotărârea Curții de Justiție a Uniunii Europene din data de 15 septembrie 2022, pronunțată în cauza C‑227/21/ Hotărârea Curții de Justiție a Uniunii Europene din data de 22 septembrie 2022, pronunțată în cauza C‑330/21/ Hotărârea Curții de Justiție a Uniunii Europene din data de 29 septembrie 2022, pronunțată în cauza C‑235/21/ Hotărârea Curții de Justiție a Uniunii Europene din data de 6 octombrie 2022, pronunțată în cauza C‑250/21/ Hotărârea Curții de Justiție a Uniunii Europene din data de 6 octombrie 2022, pronunțată în cauza C‑293/21/ Hotărârea Curții de Justiție a Uniunii Europene din data de 13 octombrie 2022, pronunțată în cauza C‑1/21/ Hotărârea Curții de Justiție a Uniunii Europene din data de 13 octombrie 2022, pronunțată în cauza C‑397/21/ Hotărârea Curții de Justiție a Uniunii Europene din data de 20 octombrie 2022, pronunțată în cauza C‑295/21/ Hotărârea Curții de Justiție a Uniunii Europene din data de 27 octombrie 2022, pronunțată în cauza C‑641/21

O podstawach stosowania wobec dzieci ukraińskich rozstrzygnięć opiekuńczych przewidzianych w ustawie o pomocy obywatelom Ukrainy w związku z konfliktem zbrojnym na terytorium tego państwa

Author(s): Michał Wojewoda / Language(s): Polish Issue: 31/2022

The Act of March 12, 2022 on Assistance to Citizens of Ukraine in Connection with Armed Conflict on the Territory of Ukraine introduced the possibility of establishing temporary custody for minor citizens of Ukraine who — following the war in their home country — found themselves on the territory of the Republic of Poland without the protection of adults (Article 25 of the Law). The author seeks to determine what are the grounds for the application of the above-mentioned provisions of Polish law to Ukrainian citizens while examining the grounds for asserting the domestic jurisdiction of Polish courts in temporary custody cases. Despite the existence of a 1993 bilateral agreement in Polish-Ukrainian relations, which contains conflict-of-law rules on applicable law and jurisdiction, the 1996 Hague Convention on Parental Responsibility, to which both Poland and Ukraine are parties, takes precedence in guardianship cases. Article 6 of this convention stipulates that for the children who, due to disturbances occurring in their country, are internationally displaced, the authorities of the country on the territory of which these children are present as a result of their displacement have jurisdiction. Article 15 of the Hague Convention, on the other hand, stipulates that the authority that has jurisdiction applies its own law. The author notes, however, that the Polish legislator has not referred to the above-mentioned conflict rules justifying the jurisdiction of Polish courts and the jurisdiction of Polish law, but seems to treat the provisions on temporary custody as the international mandatory rules (lois l’application immédiate). It is also unfortunate that Article 25 of the Act refers to Polish law with regard to the premise of a minor present in Poland unaccompanied by “responsible adults.” However, the author contends that the point of reference here must be Polish conflict of laws (and not family law), which leads to the conclusion that the determination of who is responsible for the child should be determined on the basis of Ukrainian law.

Dopuszczalność pozwania pracownika z państwa trzeciego przed sądem polskim na podstawie przepisów rozporządzenia nr 1215/2012 oraz kodeksu postępowania cywilnego

Author(s): Andrzej Torbus / Language(s): Polish Issue: 30/2022

The EU Regulation 1215/2012, as well as the Polish civil procedural law regarding individual employment relationships are employee-interest oriented. The employee’s domicile is a specific form of privilege on the level of the national jurisdiction regulations establishing international competence of national courts. The domicile provides effective protection for the employee in case of a potential dispute with an employer, who initiates the proceedings. Unfortunately, neither the Regulation 1215/2012 nor the Polish civil procedural law provides for equivalent protection for a third state employee (an employee from outside the EU) compared to an employee domiciled in Poland. The paper argues that despite a one-sided regulation, suing a third state employee before a Polish court is in principle impermissible. When applying the objective criterion to determine whether there is a national jurisdiction to hear the case, the court should consider the need to protect the employee and his or her legitimate interests. The author posits that the employee’s interest constitutes a legal basis for assessing whether in the proceedings before a Polish court — as forum conveniens — it is possible to safeguard the rights of a weaker party of a particular legal relationship. If a choice of court agreement was concluded, suing a third state employee before a Polish court will not be possible. This is because the prorogation agreement is subject to Article 23 of the Regulation 1215/2012. This provision requires that for the prorogation of jurisdiction to be effective, the employee, as party to an agreement, must be domiciled in one of the Member States.

İSLAM HUKUKUNDA VAKFIN KARAKTERINI DEĞIŞTIRMEK. HACI HODABARDI VAKFI ÖRNEGI

Author(s): Atavulla SAVUR / Language(s): Arabic Issue: 58/2023

The issue of changing the form of the endowment is an old issue that the ancient jurists spoke about. Some of them looked at the issue with a view of interest, and if they saw the interest, they permitted it, whether the endowment was an investment or utilitarian endowment. The purpose of the endower of the investment endowment is to provide the revenue for the endowment, and changing it from one form to another does not take him out of the circle of investment, and for this there is no need for stagnation and strictness. As for the purpose of the endower of the usufruct endowment, the endowment is to benefit the endowment from the original endowment, and to convert it into an investment that takes it out of the circle of benefit, and for this it must be strict in changing it more than changing an investment endowment from one form to another. Hajj Khoda Bardi endowment is a residential endowment located in Al-Masfalah neighborhood in Makkah AlMukarramah, approximately 600 meters from the Holy Kaaba. It was endowed by Hajj Khoda Bardi from the state of Khotan, East Turkistan in 1933 AD. Since 2008, the endowment has been transformed into an investment endowment. Al-Nazir rented a building for the benefit of the endowment, and the beneficiaries lived in it. The research deals with the ruling of this conversion in terms of jurisprudence.

Causes of Political Trials against Slovak Nationalists in Czechoslovakia

Author(s): Ján Štefanica / Language(s): English Issue: 1/2023

The study focuses attention on the legal and social factors affecting the formation of the group of so-called Slovak bourgeois nationalists, the fabricated allegations against them often based on real documents, and the overview of criminal procedure, together with its analysis. The author points out that issues pertaining to the constitutional position of Slovakia in the Czechoslovak Republic were addressed through repression of the Communist part of the Slovak intelligentsia. Further, the study demonstrates the existence of a power struggle among the political leaders of the Communist Party of Slovakia and points to the special dedication in the handling of the trials and the interpretation of laws.

Ustavno sodišče Republike Slovenije kot varuh človekovega dostojanstva

Author(s): Boštjan Kolarič / Language(s): Slovenian Issue: 1/2019

Human dignity and the protection of human rights and fundamental freedoms represent the core values of the Republic of Slovenia, thus distancing it from the SFRY, which did not respect the principles of the rule of law and severely violated human rights. In its initial period of operation, the Constitutional Court of the Republic of Slovenia also gave its opinion on the previous regime and its violations of human rights and fundamental freedoms, which was greatly influenced by the judge of the Constitutional Court dr. Lovro Šturm. In many of its court decisions and separate opinions, the Court found that the forms of violence carried out by the communist totalitarian regime in the Slovenian territory were unlawful, since the legislation was illegitimate, and most of it was adopted and used as a means for the violence and carrying out of the communist revolution and the establishment of the totalitarian regime. Furthermore, the judiciary was politically used and misused as assistance in the carrying out and maintaining of the revolution until the fall of the communist totalitarian regime in 1990.

Dr. Franc Klar: zdravnik in narodni poslanec pred Sodiščem slovenske narodne časti

Author(s): Mateja Čoh Kladnik / Language(s): Slovenian Issue: 1/2019

Dr. Franc Klar (1896–1967) was a doctor and politician from the Prekmurje region. He began participating in politics at the beginning of the 1930s, he was associated with the Slovenian People’s Party and was also elected as a national representative. During the Second World War, he was forbidden from practicing his profession as a doctor and was under constant police surveillance. At the beginning of 1945, he was mobilised as a military doctor and carried out medical examinations of military recruits. Immediately after the war, he became the head of the medical authorities for the Lendava county. He was arrested and imprisoned in July 1945; on 24 August, he was sentenced by the Senate of the Court of Slovenian National Honour in Murska Sobota to 15 years of loss of national honour, six years of heavy forced labour and confiscation of his entire property. The trial was set up quickly, and the Court only considered the incriminating evidence when sentencing him. The trial was of a political nature, and Klar’s rights to a fair trial and defence were violated.

ПРАКСА УСТАВНОГ СУДА РЕПУБЛИКЕ СРПСКЕ

Author(s): / Language(s): Serbian Issue: 49/2016

НЕУСТАВНА РЕТРОАКТИВНА ПРИМЈЕНА ИНКРИМИНАЦИЈЕ ЗЛОЧИНИ ПРОТИВ ЧОВЈЕЧНОСТИ У ПРАКСИ СУДА БОСНЕ И ХЕРЦЕГОВИНЕ

Author(s): Milan Blagojević / Language(s): Serbian Issue: 48/2015

Retroactive implementation of the criminal law is the question that attracts attention of publicity in Bosnia and Herzegovina for a long time. Reason for that is the fact that the Court of Bosnia and Herzegovina implements the Criminal Code of Bosnia and Herzegovina from 2003 in its verdicts related to the criminal events that had happened between 1992 and 1995. What kind of problems can be caused by this practice can be seen in the best way in relation with incrimination of crimes against humanity. This incriminatin had not been prescribed by law during the war in Bosnia and Herzegovina. It is prescribed only by the Criminal Code of Bosnia and Herzegovina from 2003. State prosecutor is accusing by this incrimination some persons for the criminal events from period between 1992 and 1995, and after that the Court of Bosnia and Herzegovina pronounce the persons guilty for the same incrimination. It is the model of unconstitutional retroactive implementation of this incrimination and this problem is the subject of this paper. In the paper appropriate uncostitutional decisions of Court of Bosnia and Herzegovina, and Constitutional court of Bosnia and Herzegovina as well, are exposed and criticised. Unfortunately, these decisions got an affirmation by the European Court for Human Rights. That is why the practice of this court related to this problem is also criticised in the paper. After that the author has exposed the reasons by which can be explained such judicial practice, and the consequences which might arise from that in the future.

ПРАКСА УСТАВНОГ СУДА БОСНЕ И ХЕРЦЕГОВИНЕ

Author(s): / Language(s): Serbian Issue: 42/2020

Principiul ne bis in idem în jurisprudența europeană și națională

Author(s): Irina Neagu / Language(s): Romanian Issue: 3/2023

Ne bis in idem, regulated by both national and European legislation, as a guarantee against the double sanctioning of the same person for the same offence, becomes incident in the matter of tax law when applying a combination of fiscal and criminal sanctions to a taxpayer for the same offence. The European Courts have drawn the guidelines for the invocation of this principle, but the recent trend is to leave the matter of interpretation and application to national courts. As far as the Romanian state is concerned, the institution becomes relevant due to its conviction by the European Court of Human Rights in the case of Lungu and others against Romania, as well as through the modification of the tax inspection institution as an effect of the judgment. Currently, the courts in Romania adopt the reasoning from the European judgments and appeal to the solutions proposed in the Lungu case, regarding the problem of the double jeopardy. On this line, the High Court of Cassation and Justice carries out a detailed analysis, using the tools developed by the European Courts. Thereby, Romania begins to understand the implications of this dynamic concept, marking the beginning of a national approach to this principle.

Salim Kadri Kerimi, SUDBINATA NA ORGANIZACIJATA JUDŽEL- SUDSKIOT PROCESPROTIV JUDŽELDŽIITE (SUDBINA ORGANIZACIJE JUDŽEL - SUDSKI PROCES PROTIV JUDŽELDŽIJA

Author(s): Zećir Ramčilović / Language(s): Bosnian Issue: 9/2023

Review of: Salim Kadri Kerimi, SUDBINATA NA ORGANIZACIJATA JUDŽEL- SUDSKIOT PROCESPROTIV JUDŽELDŽIITE (SUDBINA ORGANIZACIJE JUDŽEL - SUDSKI PROCES PROTIV JUDŽELDŽIJA), Adeksarn, Gostivar 2022, 370 str.

Gdzie wyznaczyć granice prawa do wolności słowa? Analiza w kontekście pierwszej poprawki do amerykańskiej Konstytucji oraz doktryny walczących słów

Author(s): Karolina Palka / Language(s): Polish Issue: 37/2021

This article is about the limits of the right to free speech. The first section provides a brief introduction to this topic, primarily in the context of the First Amendment to the U.S. Constitution. The second section describes the case of Chaplinsky v. New Hampshire, which was fundamental to the topic of this paper because the United States Supreme Court created the so-called “fighting words” doctrine based on it. In the next two sections, two court cases are presented that perfectly demonstrate the limits of the right to free speech in the United States: Snyder v. Phelps and Village of Skokie v. National Socialist Party of America. The fifth part shows the right to freedom of speech in the context of Polish civil, criminal, and constitutional law, as well as acts of international law binding on Poland. The last part is a short summary.

Sprawa ppłk. Józefa Biernackiego jako przyczynek do badań nad dwuinstancyjnością Oficerskiego Sądownictwa Honorowego w II Rzeczpospolitej Polskiej

Author(s): Grzegorz Kulka / Language(s): Polish Issue: 1/2023

A considerable number of officers serving with the army during the Second Polish Republic partook in commercial transactions in order to increase their private wealth. However, when carrying out such projects they at times crossed the line between the accepted norms of civil and criminal law, as well as customarily accepted standards related to honor – which they sometimes exceeded. In such cases, they were brought to justice in court or were subjected to honorary proceedings. The paper discusses the two-stage system of the Officers’ Courts of Honor in the context of the criminal and civil cases concerning Lt. Józef Biernacki. The mechanisms behind the activities of these courts are presented, as well as the influence they had on shaping the officer cadre of the Polish Army.

Paul D. Moreno, How the Court Became Supreme. The Origins of American Juristocracy

Author(s): Agata Czarnecka / Language(s): Polish Issue: 2/2023

Review of: Paul D. Moreno, „How the Court Became Supreme. The Origins of American Juristocracy“, Louisiana State University Press, Baton Rouge, 2022, 346.

Neda Kovačić, Tijelo kao dokaz. Medicinska vještačenja u postupcima Kaznenog suda u Dubrovniku u 18 stoljeću

Author(s): Maja Katušić / Language(s): Croatian Issue: 64/2023

Review of: Neda Kovačić, Tijelo kao dokaz. Medicinska vještačenja u postupcima Kaznenog suda u Dubrovniku u 18 stoljeću, Zagreb; Dubrovnik: Zavod za povijesne znanosti HAZU u Dubrovniku, 2020, 238 stranica

ДОПИРНИ ТОЧКИ В ИСТОРИЯТА НА АНГЛИЙСКОТО И РИМСКОТО ДЕЛИКТНО ПРАВО

Author(s): Silvia Tsoneva / Language(s): Bulgarian Issue: 1/2023

The article traces the steps in the genesis and formation of the system of English tort law, approaching this issue through the prism of the influence of Roman law on the evolution of English law and on the work of English judges. It distinguishes the main stages and key moments in the history of English law and highlights the specifics of English tort law that reveal points of convergence with Roman law.

ПРАКСА УСТАВНОГ СУДА РЕПУБЛИКЕ СРПСКЕ

Author(s): / Language(s): Serbian Issue: 41/2019

„Rozstrzelani za Zbruczem”. Praktyka wydawania wyroków śmierci na ludność polską w trzech obwodach Ukraińskiej SRR w ramach „operacji polskiej” w latach 1937–1938. Analiza komparatystyczna

Author(s): Piotr Olechowski / Language(s): Polish Issue: 1/2023

The text presents three cases of criminal trials held in the 1930s against the Polish population remaining in Soviet Ukraine (regions of Vinnytsia, Odesa, and Kamianets-Podilskyi). All ended with sentences of death by fi ring squad. Years later, the murdered were recognised as victims of the totalitarian system, thus obtaining posthumous rehabilitation and symbolic sentence exoneration.