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4.50 €

Politički procesi u Hrvatskoj neposredno nakon Drugoga svjetskog rata

Author(s): Nada Kisić Kolanović / Language(s): Croatian Publication Year: 0

Political and cultural changes in Croatia immediately after the conclusion of the Second World War in 1945 and the early years of communist rule created a new historical reality which transformed the basis of the legal system. The concept of ≪rights≫ and ≪justice≫ in this system did not primarily rest on ≪normative≫ categories, rather on ≪political≫ ones. At the same time, the concept of socialist legality≫ enabled the courts to ≪creatively≫ change laws. Along with this, the very concept of criminal activities was based on ≪material, rather than ≪normative≫ concepts which demanded a precise description of the act in law that led to many infractions in judicial practice at the expense of the rights of the accused. From 1945 to 1950, the first period of the communist Yugoslavian state, although the legal system was not defecient in laws, during this 5 year span the National Assembly of the Federated People’s Republics of Yugoslavia (FNRJ) enacted more than 200 basic laws. A new criminal code was introduced in 1951 which in the domain of criminal law was codified on a relatively modern expert basis. Nevertheless, it is important to point out that courts were not tied to legal norms, that is ≪to the letter of the law≫, but to the ≪notion and spirit of socialist law≫. When dealing with the concept of ≪socialist legality≫ we necessarily encounter the political trials which were carried out of leaders of the defeated Independent State of Croatia, Church dignitaries and ideological opponents of communism who belonged to the bourgeois political parties. Historical documentation supports the conclusion that these trials enabled the communist government to carry out a specific type of ideological violence. In political trials the judiciary was put in a situation where it negated formal legalities, and because of this the Yugoslav concept of punishing ≪war crimes≫ at the time received international criticism. Thus a large number of extradition demands of Yugoslavian citizens were disputed because the regime was suspected of using charges of war crimes to settle political scores.

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Една делиорманска аянска история от края на XVIII век

Author(s): Mariya Shusharova / Language(s): English,Bulgarian Publication Year: 0

This article is an attempt at micro-history of an individual ayan (local notable) - Elhac Omeroglu Haci Omer aga - ayan of Hezargrad (Razgrad) in a prolonged period betwen the early 80-s up to his death in 1800. The sources used by the author are mostly single documents from the funds of Basbakanlik Osmanli Arsivi (Istanbul) and the Oriental Department at Sofia's National Library. As far as court records (sicills) remain irreplaceable for the study of a local institution as ayanlik the author had a chance to find some documents complementing the story of the ayan of Razgrad in the court records of the neighboring kazas (administrative districts) - namely Ruscuk (Ruse) and Hacioglu Pazari (Dobrich). Central issue of this paper is the ayanship of Haci Omer aga in the 1787-1792 Ottoman war against Russia and Habsburg Monarchy. The documents shed light on the functioning of the provincial administration in crucial moment when t he war deeply affected everyday life as the province became a battleground. The second half of the 18th century marked the point of Ottoman history where irregular troops composed the largest segment of the army. The local notables assumed a very important role in Ottoman wartime politics because of their indispensable function in manning the army with mercenaries from the province and furthermore - the mobilization of local resources for different war exigencies. This process had a clear repercussion in the documents concerning Haci Omer aga - he is among the ayans addressed by name in the orders of the central government to provide irregular troops. The most important aspect of the story here are the details that reviewed the important role of the ayans from there borderland territories in the precedent as the winter war activity of the Russian army in 1788/9 campaign. The cumbersome effect of the war on the people and respectively the ayan of the region at discussion, the difficulties of providing the sultan with the level of aid that was requested and par excellence the accusation of Haci Omer aga in embezzlement resulted in an order for his execution and also the confiscation of his property. The transgressor had the chance to escape his death, to find refuge, and half a year later the state revoked the prosecution and reimbursed Omera aga at his previous position. The reason for this turn of the state politics was his proficiency in providing troops and tax revenues for the coming war campaign. The magnanimity of the sultan proceeded in bestowal of a robe of honour (fur-lined coat) for the endeavour of the ayan to fulfill his engagements. The problems posed in this article implied some typified renderings of loyalty in ayan context. But furthermore the micro-history gives some details - the multifaceted relationship between the central government and the ayan could be seen also as symbiosis. The state turned a blind eye on some of the local elite transgressions for their indispensable administrative capacity at that stage of the Ottoman history.

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Weather Magic in the Early Modern Period as Reflected in the Minutes of Witchcraft Trials

Author(s): Éva Pócs / Language(s): English Publication Year: 0

In the past few decades I have begun to examine the role that magic played in the lives of village and small town societies in the early modern period, in their mentality, religiosity and belief system. The examination was based on sources related to witchcraft. It is commonly known that the minutes of the witchcraft trials which took place throughout the 16th to 18th centuries are valuable sources with regard to the rural communities of the early modern period, in fact they constitute the only early modern source, which gives a detailed account of the communal role and social background of magic. The witness accounts of these trials reflect almost directly the ‘rural witchcraft’, which took place in the background of the official events and preceded these trials. Contrary to the accused, who may even have been forced by the expectations of elite demonology to make a false statement, the witnesses reconstructed the goings on of their village in the context of traditional witchcraft belief. They relate those of their memories, which can be interpreted as malefactions of a witch in the light of their beliefs. This allows us to gain what might near enough be called direct evidence regarding bewitchment (‘maleficium’) or black magic (or, in fact, its absence, as we shall see in what follows).

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Projekty wzorcowej komunikacji językowej w sądach miejskich XVI wieku

Author(s): Józef Kość / Language(s): Polish Publication Year: 0

Bartłomiej Groicki and Paweł Szczerbic presented, in Polish, the principles of adapted Magdeburg law, which regulated legal proceedings and communication in the 16th-century municipal judiciary. Their ideas referring to language interaction were broad as they included the participants, space and time as well as text structures. Therefore, the codifiers created an optimal model of institutional communication used in courts which included discursive components and which they firmly introduced into jurisprudence. Codification proposed by Bartłomiej Groicki and Paweł Szczerbic was used during trials in municipal courts between the 16th and 18th centuries. Determining the extent to which that codification was used in courtroom communication is made possible thanks to surviving archived municipal books, compiled in many cities of the First Rzeczpospolita (Republic of Poland). However, the studies recreating the Old Polish language on the basis of these books would have to be aimed at text linguistics and pragmatics, which would include institutional parameters. Such analyses would result in recreating obligatory models of institutional communication used by Polish townspeople, which was influenced by German legislation.

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Migration Policy and Migration Management of Syrians in Turkey

Author(s): Michelle Dromgold / Language(s): English Publication Year: 0

Since the outbreak of the Syrian Civil War in the spring of 2011, the number of Syrian nationals seeking refuge within the borders of Turkey has surged, and the recent intensified threat of the Islamic State of Iraq and Syria (ISIS) has only caused the number of Syrians fleeing to Turkey for safety to rise further. Today, Turkey hosts more Syrians than any other country in the world; according to official United Nations Refugee Association (UNHCR) registration statistics as of April 10, 2015, there are 1,758,092 registered Syrians in Turkey (UNHCR 2015) although estimates among academics, representatives from non-governmental organizations (NGOs) and others predict the actual number of Syrians in the country as closer to 2.5 million. However, the legal status of Syrians in Turkey is unique. Not legally recognized as refugees due to Turkey’s historic and current migration policies, Syrians in Turkey are considered as ‘guests’ in the country and remain here under the legal status of temporary protection. Although this status provides for many basic rights - including shelter, food, education, medical support and the possibility of employment - Syrians often remain uninformed of and unable to access their rights-based provisions. Additionally, as the governmental and societal discourse of ‘guests’ suggests, Syrians are expected to be ‘hosted’ by the Turkish government and society and subsequently return home. Although governmental policy and many Turkish humanitarian aid-based NGOs continue to convey this discourse of Syrians as ‘guests’ under temporary protection, Turkish society is becoming tense - the Syrian ‘guests’ have overstayed their welcome.

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OD OBNOVE DRŽAVNOSTI DO RAVNOPRAVNOSTI BOSNE I HERCEGOVINE U DEMOKRATSKOJ FEDERATIVNOJ JUGOSLAVIJI

Author(s): Miodrag N. Simović,Mujo Demirović / Language(s): Bosnian,Croatian,Serbian Publication Year: 0

During the Second World War, the People’s Liberation Movement (PLM) in Yugoslavia had several goals, of which the anti-fascist fight and liberation of the country stood out, as well as the building of a new democratic people’s government, i.e. a new socio-political system. In order to understand this, one must keep in mind the historical outcomes and activities of which stand out: (1) letters from the advanced Bosnian student youth of 1937, 1938 and 1939; (2) the leftist magazine „Putokazi“ from Zagreb, which was published for three years (1937, 1938 and 1939), with a total of 13 issues, edited by Skender Kulenović and Hasan Kikić, Zijo Dizdarević, Hamid Dizdar and Safet Krupić. The editor-in-chief was Šukrija Huskić and (3) the Fifth National Conference of the Communist Party of Yugoslavia in Zagreb from 19 to 23 October 1940, which paid special attention to Bosnia and Herzegovina. Understanding the anti-fascist fight of the PLM as a permanent civilizational-existential constant, in which all peoples and nationalities led by the PLM took part, the authors focus on building a new people’s democratic government. At the same time, they emphasize that the center of the PLM was in BiH, especially in Bosnian Krajina, where historical key events were held (two sessions of the National Anti-Fascist Council of People’s Liberation of Bosnia and Herzegovina - ZAVNOBiH in 1943 - in Mrkonjić Grad and 1944 in Sanski Most and two sessions of the Anti-Fascist Council of the People’s Liberation of Yugoslavia - AVNOJ - in 1942 in Bihać and in 1943 in Jajce). Thus, the development of the PLM and the building of new government in BiH were directly correlated. Eminent scientists (such as academician Enver Redžić) asses that these historical events happened under the pressure of successful development of the PLM and that they would have happened without the instructions of the PLM leadership, which does not question their role at all.

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ULOGA ANTIFAŠISTIČKOG FRONTA ŽENA U REVOLUCIONARNIM MIJENAMA DRUŠTVA – MOBILIZACIJA, ORGANIZACIJA, EMANCIPACIJA

Author(s): Vera Katz / Language(s): Bosnian,Croatian,Serbian Publication Year: 0

During socialist Yugoslavia, in Bosnian-Herzegovinian historiography, the emancipation of women was associated with her participation in the People’s Liberation Struggle. From 1942, when the organization of the Anti-Fascist Women’s Front of Yugoslavia was formally established, until 1953, when it was abolished at the Fourth Congress, this mass organization was more or less, and even under the full influence of the Communist Party of Yugoslavia, depending on political circumstances. Although this women’s organization was publicly thanked for its successful work, with the constant remark that more women and better results are expected, prominent women members, as well as women fighters and women members of the Party did not participate in the highest emerging government institution during the war, as well as postwar period. The promises of the revolutionary government during the war time were fulfilled immediately after the war by constitutional and legal solutions. Women in socialist Yugoslavia received active and passive voting rights, equal pay with men for equal work, equality in family and inheritance law, the right to divorce, the right to share marital property, the right to protection of illegitimate children, paid maternity leave, the right to guardianship, etc., with tendency to expend legislation in favor of women. However, equality between women and men was more based on legislation and less on a fundamental change in female-male relations in everyday life because it was difficult to change the stereotype of the women as a caring mother, hardworking housewife and exemplary worker – so women did not have much time to socio-political activities. In addition, women were not brave enough to get rid of the imposed restrictions.

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PARALELE IZMEĐU ZAVNOBIHOVSKOG I VREMENA KOJE ŽIVIMO

Author(s): Slavo Kukić / Language(s): Bosnian,Croatian,Serbian Publication Year: 0

ZAVNOBiH is an expression of the desire of the people of Bosnia and Herzegovina to live in freedom, as their own, in a community in which decisions about their lives will not be made by other but by themselves only. And that is exactly why ZAVNOBiH could have been the instigator of both the nationwide gathering under the same flag and the nationwide enthusiasm, both in the whirlwinds of the National Liberation War and after it. Actually, with the third session, ZAVNOBiH ended its life by transferring its competencies to peacetime government institutions. However, the spirit of enthusiasm it produced did not diminish in these institutions either, at least for the first twenty or so post-war years. In support of this, after all, there are the statistics - the achieved rates of economic growth, according to which Yugoslavia, and with it Bosnia and Herzegovina, of course, was at the very top of the world, then the achieved rates of employment, trends in gross domestic product, achievements in education and health and many other indicators. Have the people of Bosnia and Herzegovina forgotten the values on the wings of which the war-torn country of the 1940s and 1950s was rebuilt, from which youth work actions were fed, which radiated love instead of hatred? On an emotional level, I’m not ready to believe that. In reality, however, it is possible to mark the details that most seriously warn - not only today but all the years of Bosnia and Herzegovina’s social and political transition.

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The Transformative Role of the Constitutional Court of the Republic of Croatia: From the ex-Yu to the EU

Author(s): Sanja Barić / Language(s): English

As part of a general study on the role and impact of constitutional adjudication in transitional countries of South East Europe, this paper analyses the operation of the Constitutional Court of the Republic of Croatia after the dissolution of the Yugoslav federation. It aims to answer the posed research questions as to the extent of the Court’s activism in the field of transitional constitutional justice and, consequently, the Court’s success/failure in promoting the legal transition from a socialist order to a modern constitutional democracy. In that view, a narrow but paradigmatic selection of the Court’s case-law is analyzed. Factors that have contributed to the Court’s performance (e.g. political conditioning, personal features) are taken into account, as well as public opinions and attitudes toward its rulings. The first part of this paper presents an overview of the Court’s history, composition and competences, while the next chapter explains three distinct periods of the Croatian constitutional reality, that are detectable from 1991 to 2016. The third part, containing a presentation of particular rulings, tackles: the development of a standard constitutional test (3.1.); post-war justice in relation to popular expectations (3.2.); the clash between social justice and budgetary constraints (3.3.) and the constitutional boundaries of democracy (3.4.). The final part contains an in-depth analysis of incentives for, methods of and threats to the Court’s activism/transformative role. It will be argued that while the Court managed to protect core constitutional values and principles (even during the Homeland War), its greatest success is detectable in the process of the Europeanization of the Croatian legal order. Recent overall detrimental social occurrences (the economic crisis and socio-political radicalization) coupled with certain objective shortcomings of the Court have led to a deterioration of its status and have put its very existence in peril.

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Лексикални разночетения и география на средновековните текстове (за един молдовски препис на Псевдозонариния номоканон от XVI век)

Author(s): Mariyana Tsibranska-Kostova / Language(s): Bulgarian,Old Slavonic,Old Bulgarian Publication Year: 0

The article is dedicated to the practically unknown copy of the so-called Pseudo-Zonaras Nomocanon kept in the Library of the Saint Synod of the Romanian Orthodox Church in Bucharest under signature BSS Ms.sl.II 267. The historical context of its emergence and the metadata of the manuscript are studied in comparison with the traditions of this nomocanon in Wallachia and Moldavia after the 14th century, when the Bulgarian translation appeared. Separate Greek words and lexical variations are commented on, such as факеол-венец-савон; посадница, палакида, кавка, накато, some of them with a status of occasional readings for this special Moldavian copy. The author highlights the role of the 16th century Moldavian literature for the preservation of the Middle Bulgarian written heritage.

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DR. FRANJO TUĐMAN O USTROJSTVU I DJELOVANJU REPRESIVNOG SUSTAVA REŽIMA MONARHISTIČKE JUGOSLAVIJE NA PODRUČJU HRVATSKE (1918.-1941.)

Author(s): Zdravko Dizdar / Language(s): Croatian Publication Year: 0

As a historian, Franjo Tuđman arrived to important conclusions about the relations between Croats and Serbs and the internal and external causes of the situation and the crisis in the country that was ultimately going to cause its breakdown in his research of the Kingdom of Serbs, Croats and Slovenes/ Yugoslavia in the period between 1918 and 1941, and in his research of Croatia’s position therein. Analyzing archive sources and other materials, along with relevant literature, Tuđman looked into the organization and the actions of the repressive system of monarchist Yugoslavia’s regime in Croatian territory and their dealings with the Croatian people. He recognized the basic elements of Serbian hegemony in the Kingdom of Serbs, Croats and Slovenes/ Yugoslavia, the Vidovdan centralist regime and the struggle to preserve it at all costs, proving that it would all have been impossible without the principal exponents – the king, the army, the gendarmerie, the police, the state administration, the judiciary, the government, and the political parties. Tuđman proved how King Alexander Karađorđević, supported by his loyal army and gendarmerie, established himself as the top authority in the country since the very beginning in 1918, and how Serbian political and ruling elite gathered around his court and him personally. The constitution gave him authority over the parliament, which he made full use of in the practice, and the parliament held a subordinate role for the entire time. This role of the king and his courtiers would remain unchanged until the end of monarchist Yugoslavia. The army with the king at its helm was, in Tuđman’s opinion, the second most important factor. From the very beginning the army had been built as the principal instrument of Great-Serbian hegemonist and counter-national politics and of Serbian hegemony, fully living up to the role in reality, preserving the monarchy and its centralist and hegemonist system, and serving as an active factor of the state politics until its breakdown in 1941. The army was a tool in the hands of the court that was used as counterweight to parliamentalism and the strivings of political parties to run state politics. Considering the significance of the army for the ruling structure, the expenditures for the army remained at a very high level continually, often having a considerable negative impact on the development of the economy in non-Serbian territories.

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Urážka prezidenta republiky po roce 1945 až do současnosti

Author(s): Pavel Vetešník / Language(s): Czech Publication Year: 0

The article deals with the definition of the legal regulation of insult of the President of the Republic and its punishment in the territory of the Czech Republic after 1945 up to the present. Due to the fact that such a definition has not always been made exclusively by legislation of a criminal law nature, the contribution will also focus on legislation of an administrative and private nature. During the elaboration of the contribution, mainly explanatory memoranda to the laws that introduced, changed or deleted the legal regulation of insulting the President of the Republic will be drawn. Periodical comments explaining the individual starting points of these legal regulations and related case law will also be a necessary helper. This will show an overall view of the legal regulation of insults of the President of the Republic in the period under review.

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Przyczynek do historii uproszczeń celnych w Polsce (1997–2023)

Author(s): Piotr Sienkiewicz / Language(s): Polish Publication Year: 0

Purpose: The study analyses the history and the peculiarities of the current system of customs simplifications in Poland and offers proposals for the use of automation of customs processes as a simplification for honest economic operators to reduce the losses related to the planned cancellation of simplified procedure in export. Design/methodology/approach: general scientific methods (analysis, synthesis, comparison, description); private and academic (interpretation, formal–legal). Findings: The study findings have provided argument for the critical need and relevance to find solutions ensuring the supply chain fluence and simplified movement of goods in export. The author proves that Polish customs administration should develop automated systems based on best practice that use risk management to identify cargo that pose a potential risk to security and release all other shipments for export without undue delay.

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