Апорија Устава СФРЈ од 1974. године

Author(s): Miroslav Svirčević / Language(s): Serbian Publication Year: 0

This paper focuses on the origins and consequences of the Constitution of Socialist Federal Republic of Yugoslavia of 1974, which essentially established confederal structure of the state with dominant position of the federal republics and autonomous provinces, and very weak position of the federal government. This Constitution, predominantly based on communist ideology, directly led to disintegration of Yugoslavia and bloody civil wars in the last decade of 20th century. However, this Constitution also had a foreign source: British policy towards Yugoslavia 1941–1944 in the period when Great Britain decided to support pro-communist movement of resistance in Yugoslavia led by Josip Broz Tito. The British agents for special operations (SOE) issued a document entitled Basis Policy for Yugoslavia of 11st April 1943, which contained political principles for legal-political order of the post-war Yugoslav state. These principles were very similar to the principles of the communist Yugoslav constitutionality, especially with the Constitution of 1974. The author concludes that Western powers (USA, Great Britain) strongly influenced the constitutional structure of Yugoslavia, predominantly regarding the relations between socialist republics and autonomous provinces.

Stalni arbitražni sud

Author(s): Vladimir Čolović / Language(s): Serbian Publication Year: 0

The Permanent Court of Arbitration was established by the Convention for the Pacific Settlement of International Disputes, concluded at The Hague in 1899 during the first Hague Peace Conference. The 1899 Convention was revised in 1907 at the second Hague Peace Conference. This Convention from 1907 has the same name as the 1899 Convention. The most concrete achievement of the 1899 Conference was the establishment of the Permanent Court of Arbitration – the first global mechanism for the settlement of disputes between states. But, today the Permanent Court of Arbitration provides the services for the resolution of disputes involving various combinations of states, states entities, international and intergovernmental organizations and private parties. Also, the Permanent Court of Arbitration has many commercial and investment disputes. Also, this Court provides the services for the resolution of disputes in the topic of the enviroment. The Permanent Court of Arbitration applies the Optional Rules of Procedure and UNCITRAL Arbitration Rules. We can say, that the Permanent Court of Arbitration applies basic rules of the arbitatration. The Permanent Court of Arbitration has a three part organizational structure consisting of an Administrative Council, a panel of independent potential arbitrators (Members of the Court) and its Secretariat known as International Bureau, headed by the Secretary General. Members of the Court are potential arbitrators appointed by member states. Each member state is entitled to nominate up to four persons. Members of the Court are appointed for a term of six years, and their appointments can be renewed. Up to now, the Permanent Court of Arbitration has about 50 disputes. The Republic of Serbia is the member of the Permanent Court of Arbitration.

Právo alebo milosrdenstvo? Domovská príslušnosť ako základný princíp sociálnej starostlivosti v Uhorsku.

Author(s): Gabriela Dudeková Kováčová / Language(s): Slovak Publication Year: 0

Domovská príslušnosť, respektíve domovské právo, predstavuje zdanlivo parciálny pojem z dejín štátu a práva, ktorý súvisí so špecifickou problematikou štátnej príslušnosti a obecnej samosprávy. Podrobnejšie štúdium však odhaľuje, že problém domovskej príslušnosti bol nerozlučne zviazaný s organizáciou systému sociálnej starostlivosti, respektíve chudobinstva, a to osobitne v dlhom 19. storočí, počas ktorého sa uskutočnili podstatné reorganizácie správy a spôsobu starostlivosti o chudobu. Príslušnosť k domovskej obci sa stala základným princípom v systéme sociálnej starostlivosti v Uhorsku, hlavným výberovým kritériom, na základe ktorého miestna (obecná či mestská) samospráva rozhodovala, komu udelí sociálnu výpomoc alebo dlhodobejšiu podporu. Zásada, že bezprostrednú sociálnu výpomoc má núdznemu poskytnúť jeho domovská obec, bola v Habsburskej monarchii legislatívne zakotvená prinajmenšom od 16. storočia, ale až v druhej polovici 19. storočia sa stala súčasťou zákona o obciach ako povinnosť obcí, z čoho pre obyvateľov vyplývala nárokovateľnosť na tento druh pomoci. Domovské právo podľa ustanovení zákona malo totiž zaručovať právo na nerušený pobyt v obci, a v prípade sociálnej núdze aj sociálnu výpomoc respektíve starostlivosť zo strany obecnej samosprávy.

Žena a zločin vo východoslovenských mestách v 16. storočí. Otázky, pramene, definície

Author(s): Blanka Szeghyová / Language(s): Slovak Publication Year: 0

History of crime and punishment is not a marginal history. Quite the opposite, by showing which kinds of behaviour were unacceptable and punishable by the law, judicial records reveal norms of behaviour imposed by society on men and women. The author addresses several questions: What were the most frequent and typical charges brought against women? How does it correspond to the criminality of men? Were women and men treated differently for the same crime? Were there any gender differences in the punitive patterns? The paper uses examples from the four towns of Upper Hungary (present-day Eastern Slovakia) Kosice, Levoca, Bardejov and Presov, mainly from the second half of the sixteenth century, as judicial sources of an earlier date are rather scarce. Contemporary notion of crime and ways of dealing with criminal activities reflect the norms and values of the society. One of the most important immaterial property and value deeply entrenched in the mentality of the people of the 16th century was their good reputation. In case of men, it was based more on a concept of honour and in case of women, it was their chastity that counted. As a result, cases of defamation or slander were rather frequent among towns people. At the same time, the sixteenth century saw the increasing tendency of town authorities to regulate conduct, sexual behaviour and the family life of ordinary people. This phenomenon, called sometimes moralization of society or social disciplining was stimulated by the spread of the Reformation and the subsequent internal reform of the Catholic Church. Sexual offences and offences against the institution of marriage such as fornication, prostitution, desertion of one's husband, adultery, bigamy and incest were punished severely. It is interesting that the law did not discriminated between prostitution and fornication, using "fornication" as a blanket term for all kinds of immoral behaviour of unmarried people. Public shaming or flogging at the pillory and banishment were usual punishments for fornication. If there were no obstacles, the court would force the couple convicted of fornication to marry in prison. Sexual relations of married people with anybody other than their lawful husband or wife were punished in a similar way, but usually more strictly and capital punishment was not rare in such cases. It was one of the above-mentioned offences against morality and marriage that women were most frequently charged with. At the same time, courts would often for the same offence pronounce different sentence for a women and different for her partner. While the woman was flogged and banished, the man would get awav with a fine. On the other hand, men were most frequently accused of thievery. Punishments for thieves varied enormously, depending on individual circum stances of each case. Overall, however, male thieves used to get harsher punishments than women did. This might be explained by the fact, that women, unlike men, were mostly opportunistic petty thieves, who were in general treated more leniently. In murder charges, women were almost unheard of as the accused, unless we include a special group of infanticides into the category. Infanticide was a typical crime of single girls and was punished by the death penalty. Witchcraft charges were brought to the court only exceptionally in the sixteenth century and even then, accused women were pronounced innocent or discharged with an admonition only. The sex of the condemned determined also a kind of punishment they would get. Women were never hanged, broken by the wheel or quartered. On the other hand, death penalty by drowning was used only on women. Similarly, impalement in the grave, the usual penalty for infanticide was a typical female punishment. Urban judiciary had a unique place in the Hungarian judicial system and it seems that town authorities imposed stricter penalties than any other court.

Právne postavenie žien v Kluži v 16. storočí

Author(s): Enikő Rusz-Fogarasi / Language(s): Slovak Publication Year: 0

The privilege granted to the town of Cluj in 1405 by the Hungarian king Sigismund was of great significance for its future development. Since the second half of the 15th century, the town used the law of Buda. The guild statutes regulated not only how artisans should perform their craft, but also other, private spheres of their lives. Guild and municipal statutes from the medieval period as well as the later ones form the 16th century concerned guild members who were, obviously, all men. However, in guild documents we can find some legal records that relate to women, especially in connection with the daughters and wives of late guild masters. At the first sight, it might seem that the guilds tried to protect lonely women in all the cases. Nevertheless, the guild statutes differed and sometimes a guild would change the clauses over the time. For example, at first a guild masters ' widow was allowed to take over her late husband's craft over some period of time (usually one year) or as long as she kept his family name. A woman living on her own could practice the craft only under the condition that the products met the standards of the guild. In Cluj, there was a custom, widespread in other municipal laws, according to which the wife’s and husband's possessions became their common property after the wedding. On the other hand, unlike in many municipal laws, where a husband and a wife got equal share, in Cluj, after the death of a partner the man got two thirds and the woman only one third of their common property. It is characteristic of the period that wives, daughters and widows did not have the same position as their male counterparts. Nonetheless, they had certain rights in the municipal law system, e.g. they could inherit their paternal family house, make their last wills, freely decide about their property and even practice the craft of their deceased husbands for a limited time. A woman could be involved in business and after her husband's death received one third of the jointly acquired property during the marriage. A widow paid the same taxes as the others, but if she married a noble or away from the town, she lost her municipal right of the house. The taxes were the same for women and men because it was a house or a piece of land that were taxed, not the owner.

Žena v pramenech osobní povahy v 17. století

Author(s): Josef Hrdlička / Language(s): Slovak Publication Year: 0

Great number of preserved documents concerning women's history has the disadvantage of being written by men. As a result, women are depicted through the male point of view and experience. Therefore, it is not possible to study history focused exclusively on women, but only history of women in its social context. The author studies position of women based on documents, which in Czech historiography have been termed, though not quite adequately, as sources of autobiographical statements (prameny osobni povahy). It is an equivalent of German Selbstzeugnisse or more modern synonym Ego-Dokumenten. They are documents of autobiographical character with great informative value about mentality of their authors. Usually, there are three kinds of these personal sources: diaries, autobiographies and memoirs. In broader sense travelogues, correspondence, albums, scrapbooks and chronicles can be included into the category. From the end of the 16th century, lives of lower nobility started to be increasingly influenced by bureaucratisation. The obligation to stay in an office for a longer time influenced carriers of men, who owned manors. Manor administration was taken over by their wives. Despite the fact that these women were familiar with the basics of manor management, they unexpectedly encounte¬red resistance of their own subjects. It was impossible to root out the notion that their master does not necessarily have to be a man out or the traditional peasants’ mentality. However, such an idea was not foreign to the minds of the lower noblewomen either. They blamed their husbands for ridicule they were treated with by their subjects and servants. In their letters, wives urged their husbands, though in vain, to end their carrier as officials and return home to consolidate family and property matters. In comparison with the lower noblewomen living on small estates and manors, aristocratic noblewomen had to face another potential source of resistance. It was an estate office, the admi¬nistrative centre of their manor house and estates. Estate administrators had their own agenda and aims, often different from plans of the landlord’s wife. Family chronicles, containing usually short and concise records about rites of passage of the family represent valuable sources of autobiographical statement. Family chronicles reveal a lot about position of women, particularly about private sphere of their lives. They include informa¬tion about events traditionally associated with women’s lives such as weddings and childbearing. Private correspondence, family chronicles or notes added to printed economic calendars are full of records that reflected maternal role of a woman and her function of carrying on the family line. From the last quarter of the 17thcentury, aristocratic women, even though not necessarily from the families active in politics in the Czech kingdom, showed an increasing awareness of their belonging to their own family and participated in writing family records for their children and other future descendants.

Formowanie się i organizacja suwerennej władzy publicznej/państwowej w warunkach pierwszego prowizorium konstytucyjnego – samorząd terytorialny

Author(s): Robert Krzysztof Adamczewski / Language(s): Polish Publication Year: 0

Droga do ujednolicenia systemu polskiej edukacji po odzyskaniu niepodległości (1917–1921)

Author(s): Aldona Domańska / Language(s): Polish Publication Year: 0

Problem najwyższego organu kontroli państwowej u progu tworzenia państwowości polskiej po I wojnie światowej

Author(s): Ryszard P. Krawczyk / Language(s): Polish Publication Year: 0

Prawo karne w okresie od narodzin i odbudowy niepodległego państwa polskiego do uchwalenia ustawy z dnia 17 marca 1921 r. – Konstytucja Rzeczypospolitej Polskiej

Author(s): Justyna Badziak / Language(s): Polish Publication Year: 0

Początki polskiego systemu prawa administracyjnego

Author(s): Maria Karcz-Kaczmarek / Language(s): Polish Publication Year: 0

Представите за качествата на политическия човек в конституционните дебати през ХІХ век

Author(s): Veselin Metodiev / Language(s): Bulgarian Publication Year: 0

This oral presentation outlines the notions of the political person that crystalize in the constitutional debates in Bulgaria in the nineteenth century. High standards to the moral qualities of the elected representatives and public officers have been set at the outset of the modern Bulgarian state. This historical account bears relevance to the present crisis of the image of the people in politics.

Защо законите ни задължават? Сравнение между теориите за правната нормативност у Цеко Торбов и Ханс Келзен

Author(s): Simeon Efimov Groysman / Language(s): Bulgarian Publication Year: 0

Why Do Laws Obligate Us? Comparison Between the Theories of Legal Normativity byTseko Torbov and Hans Kelsen. According to Kelsen's famous view the validity of the constitution must be presupposed in order to preserve the “purity” of legal science - id est, to avoid the deducement of norms from facts. I compare this theory to its Cantian methodological roots and to the “legal criticism” of Tseko Torbov (1899- 1987). The pioneer of the Neokantian legal philosophy in Bulgaria tried to outgrow the Kantian doctrine of law. He introduced the lacking in Kant`s model basic legal principle, which functioned as a validating reason for all the “lawful” (real) norms. Its substance according to Torbov is justice. At the end of the article I explain the differences with the contrasts between Kelsen's and Torbov's views on meta-ethics.

PITANJE O KONSTITUTIVNOSTI NARODA U USTAVNO-PRAVNOJ PRAKSI BOSNE I HERCEGOVINE

Author(s): Muhamed Filipović / Language(s): Croatian Publication Year: 0

U svom prilogu autor daje prikaz ukupnih uvjeta života u Kraljevini Jugoslaviji i ukazuje na uzroke njenog brzog pada pod vlast Hitlerove Njemačke, njeno komadanje i kapitulaciju režimskih, rojalisitčkih i nacionalističkih snaga i njihovu saradnju sa fašizmom. Ukazuje na pojavu alternativne i antifašističke politike pod vođstvom KPJ koja je povela rat protiv fašizma i čija su politička i vojna snaga i utjecaj stalno rasli sve do toga kada je mogla planirati stvaranje novog državnog pravednijeg i modernijeg republikanskog i federativnog uređenja, čiji je dio bila i obnova bosanske državnosti i nastanak federalne Republike Bosne i Hercegovine.

DEKLARACIJA ZAVNOBIH-A O PRAVIMA GRAĐANA BOSNE I HERCEGOVINE – ISTORIJSKI ZNAČAJ I AKTUELNOST –

Author(s): Kasim Trnka / Language(s): Bosnian Publication Year: 0

U svom prilogu autor izlaže sadržaj i ocjenjuje značenje dviju Rezolucija donesenih na dva prva zasjedanja ZAVNOBiH-a, onog u Mrkonjić Gradu 1943. i onog u Sanskom Mostu 1944. godine. On nastoji da ukaže u čemu je historijska važnost i kakav je demokratski i uopće ustavno-pravni sadržaj i politička orijentacija tih dokumenata, kojima je ne samo obnovljena bosanska državnost nego i definiran demokratski sadržaje nove države.

KONCEPT LJUDSKIH PRAVA I SLOBODA IZ DEKLARACIJE ZAVNOBIH-A O PRAVIMA GRAĐANA U KONTEKSTU KORPUSA LJUDSKIH PRAVA I SLOBODA IZ EVROPSKE KONVENCIJE ZA ZAŠTITU LJUDSKIH PRAVA I OSNOVNIH SLOBODA I ULOGE USTAVNOG SUDA BIH U DOPRINOSU VLADAVINI PRAVA I...

Author(s): Miodrag N. Simović,Milena Simović / Language(s): Serbian Publication Year: 0

Declaration on Rights of Citizens of BIH, established at the Second Meeting of ZAVNOBIH in 1944, guarantees equality of Serbs, Muslims and Croats in BIH, which is their common and indivisible homeland, freedom of religion and conscious, freedom of speech and agreement, association and press, personal and property safety of citizens, freedom of private initiative in economic life and equality of woman and man. This is the first documents of modern times which guarantees human rights regardless of their religion, nationality and gender. In Sanski Most, during the war in 1944, rights of citizens of BIH have been defined which have been in essence the same as human rights established four years later under Universal Declaration on Human Rights, adopted at the General Assembly of United Nations on 10 December 1948 and six years later under European Convention for the Protection of Human Rights and Fundamental Freedoms, adopted on 4 November 1950 in Rome. Authors point out that many elements of international law and standards from the scope of human rights and fundamental freedoms have been integrated into legal systems of Bosnia and Herzegovina. The Paper points out that numerous elements of international law and standards from the scope of human rights and fundamental freedoms have been integrated into the legal system of Bosnia and Herzegovina. Attention is also focused on Article II of the Constitution of Bosnia and Herzegovina, which guarantees the widest catalog of human rights and fundamental freedoms, and Article II/3 of this Constitution which establishes that Bosnia and Herzegovina shall directly apply the rights and freedoms enshrined in the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as its Protocols. The starting point is that these acts have priority over all other laws. In addition, Article II of the Constitution of BIH contains a list of guaranteed rights, with special provisions on the prohibition of discrimination, the protection of the rights of refugees and displaced persons, and the protection of rights from the 15 international human rights treaties listed in Annex I to the Constitution of BIH applicable in BIH. Also, Article X, paragraph 2 of the Constitution of BIH provides that no change or amendment to this Constitution may either abolish or diminish any of the rights and freedoms set out in Article II of the Constitution or amend paragraph 2 of Article X. The Constitutional Court of Bosnia and Herzegovina has an important and irreplaceable role in the protection of human rights and fundamental freedoms guaranteed under the Constitution of BIH. It has a special place in the constitutional system of BIH. The Constitutional Court is a constitutional body, regulated under Article VI of the Constitution of BIH. Under this Constitution, the Constitutional Court is separated from the system of triple separation of power. So, it is not a part of the legislative, executive and regular judicial authorities. It is the highest constitutional body of BIH, which guarantees the respect and application of the Constitution of BIH. In short, it is the guardian of the Constitution of BIH. In national framework, the Constitutional Court is also the supreme mechanism for the protection of rights under the European Convention for the Protection of Human Rights and Fundamental Freedoms, given its direct incorporation into the Constitution of BIH and the rights and freedoms provided by international agreements applicable in BIH.

За допустителството по ч 285 НК

Author(s): Darina Koseva / Language(s): Bulgarian Publication Year: 0

The review of the judicial practice under Art. 285 of the Criminal Code determines a conclusion of limited applicability of the provision regulating the allowance as a malfeasance, the latter regulated in Section II of Chapter VIII, Special Part of the Criminal Code. The difficulties in interpretation and application of Art. 285 of the Criminal Code are explained by the specific object of the crime, the peculiarities of the official capacity of the allower (an official under Art. 93(1a) of the Criminal Code, to whom officials and non-officials are subordinate), the characteristic connection of the committed crime with the service or work of an allowee, the absence of requirements regarding the allowee to possess an official capacity, the nature of subordination and the complexity of the ideas formed in the mind of the allower. Upon examination of the legal rule, the development of the regulation of the allowance has been traced since the establishment of its composition by the provision of Art. 441 of the Criminal Code (1896) to the current version of Art. 285 of the Criminal Code (1968). Conclusions regarding the need for the existence and improvement of the legal framework have been formulated and argued.

Social perception and legal treatment of offenses out of necessity

Author(s): Dragica Čeč / Language(s): English Publication Year: 0

Most scientific research dealing with the topic of minor offenses out of necessity follow either Thompson’s idea of collective and organized moral economy of the (working class) masses, thus focusing on the revolt of the hungry, a characteristic of urban settings (of England and France). In political settings where the urban daily routine was not determined by the revolts of the hungry, the majority of research focuses on the mythicized forms of unorganized social rebel, living on the edge of society. The scope of this article is limited to the phenomenon of (minor) theft in times of hardship by linking both older theoretical concepts and significantly complementing them especially when addressing the issue of individual and collective perception of crimes (offenses) by necessity.

O prawie i jego interpretacyjnych artefaktach

Author(s): Ewa Łętowska / Language(s): Polish Publication Year: 0

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Guardianship, a Means of Protecting the Individual from the Perspective of Legal History: Between Roman Law and Romanian Law

Author(s): Marilena MARIN / Language(s): English Publication Year: 0

The need to protect individuals who lack the capacity to protect themselves has led the legislator to impose a set of conduct rules in this regard. The role and purpose of establishing these rules have been dictated by the legal order encountered in each era, in various forms, according to the level of evolution and development of society. This serves as the starting point of this study, considering that the institution of guardianship represents a longstanding concern, which we have continued to analyze over time, drawing on the doctrine and jurisprudence encountered up to this point. Within the scope of this work, we will bring to attention aspects of the ancient world related to the institution of representation through guardianship and curatorship, after which we will focus on the institution of curatorship as we find it in modern days.