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ESAD’IN ULUSLARARASI CEZA MAHKEMESİ’NDE YARGILANMASI ve ORTA DOĞU’DA RUSYA FAKTÖRÜ

Author(s): Hanefi Yazici / Language(s): English Issue: 25/2015

If the International Criminal Court (ICC) can not prosecute leaders who committed war crimes, it will be the end of justice and system for the international community. This study, examines both the efforts of international community to prosecute Assad, who committed war crimes in Syria, in the ICC, and the Russian factor in UN Security Council (UNSC), which has the authority for the statute of the international court of justice. The responsibility of Assad has been watched for a long time due to his crimes against humanity and war crimes in Syria. It is also vital that the General Secretary of UN declared that Assad committed crimes against humanity and war crimes and he must be prosecuted. In this regard, it is crucial how to prosecute Assad, because Syria has not ratified the Rome Statute of the ICC, so, just the attempt of the ICC Prosecutor for the jurisdiction over Assad in the ICC is inadequate.

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THE TYPES OF MURDER IN IRAN LAW AND ITS DIFFERENCE FROM DELIBERATE MURDER.

Author(s): Ali Shahbazi Yousif Ogli / Language(s): English Issue: 11/2011

The murders are divided into deliberate murder, murder because of types of error or carelessness in the Western division of the practical law. There are 4 types of murder are observed in a law of Western countries: premeditated murder, murder on the basis of heart insistence to implement, murder in an ambush and murder of error. The murderer‟s will and intention determined all these murders being deliberate or non-deliberate (carelessness, etc.).The factors of being deliberate or his preparing for crime does not affect the principle of being premeditated or non-premeditated. Non- deliberate or murder because of the types of error is in the range of crimes in foreign law which degrees of fault are took into consideration. Different classifications are made on murder crime in Iran jurisprudence (Fiqh) and law source. The murderer‟s aim and tools which are used in crime are presented in this classification. A well- known and documentary criteria is murderer‟s aim and legal side of this task is also more reliable.

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PRIMARY SOCIAL SERVICES VERSUS SPECIALIZED SOCIAL SERVICES IN CHILD PROTECTION

Author(s): Violeta Manea / Language(s): English Issue: 2/2017

In child protection, the primary focus in the development of social services must be on primary social services that must respond to the needs of children in difficulty, so as to avoid family separation. If preventive services are not developed within the community, the specialized services, which have faced a growing number of beneficiaries in recent years, are used. Social services must primarily be provided by local professionals who can receive technical and methodological support from professionals providing specialized social services.

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Общностна правна уредба за борба срещу насилието (Програма Дафне)

Author(s): Katerina Yocheva / Language(s): Bulgarian Issue: 1-3/2007

Жените, младежите и децата често се озовават в опасно положение на мястото, където би трябвало да се чувстват най-защитени – в своите семейства. Често явление се оказва понятието “дом” да означава ужас и насилие от ръката на някой близък, някой на когото тези уязвими групи лица се доверяват.

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Президентският указ за награждаване с оредни и медали

Author(s): Pamela Buchkova / Language(s): Bulgarian Issue: 1-3/2007

For his relatively short political history, the presidential institution has established itself as a significant factor in the political life of the country. It is developing dynamically and continues to be firmly established in the state management. This has to do with the idea of sustaining the principles of the parliamentary republic as a model of government in Bulgaria.

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Хармонизация на българското законодателство съгласно директива 98/8/ЕС за пускане на пазара на биоцидни препарати

Author(s): Nikolai Petrov / Language(s): Bulgarian Issue: 1-3/2007

Undoubtedly, Bulgaria is on the verge of Europe in literal and figurative meaning. As is often the case, our native politicians are used to saying, “we never are were closer to Europe and to European values. " But Bulgaria's membership the European Union is proving to be a difficult and responsible task, and the requirements that our country needs to fulfill are proving to be more numerous than we expected.

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Отнемане в полза на държавата на имущество, придобито от престъпна дейност

Author(s): Stefka Popova / Language(s): Bulgarian Issue: 1-3/2007

The law is aimed at the intersection of opportunities for taking advantage of criminal activity and prevention the use of such benefits to commit new crimes or others offenses by creating the conditions and order for blocking and withdrawal in favor of the State of property acquired directly or indirectly by criminal activity. The law has been developed in accordance with the basic legal acts of the European Union Union in the fight against money laundering, with the recommendations of the International Group on Money Laundering combating money laundering, as well as the experience of Ireland, the Netherlands, Denmark, Austria and other countries, and is intended to achieve its objectives international exchange of information.

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Общи правила по възлагане на обществена поръчка. Оспорване. Контрол

Author(s): Teodora Popova / Language(s): Bulgarian Issue: 2/2005

The Public Procurement Law outlines the basic principles, rules and procedures for public procurement, as well as the control over the spending of public funds and the provision of up-to-date information on public procurement.

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TRANSITIONAL JUSTICE: LUSTRATION AND VETTING IN UKRAINE AND GEORGIA

Author(s): Gabriella Gricius / Language(s): English Issue: 2/2019

Many of the world's conflicts today are self-sustaining and ongoing, making the application of transitional justice measures difficult. Particularly in Central and Eastern Europe, namely Georgia and Ukraine, both of which have experienced regime changes in the twenty-first century and implemented lustration and vetting measures - the question of whether or not transitional justice will be successfully utilized is very much still under debate. My research explores the relationship between lustration and vetting policies and corruption in Ukraine and Georgia. Past studies of corruption in these countries have focused the extent of state exploitation of the forms through which corruption is expressed such as political appointments, and protection from prosecution. This research, by contrast, aims to study the relationship that corruption has with the particular transitional justice measure of lustration and vetting.

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Transitions Online_Around the Bloc-10 February

Author(s): Ioana Caloianu / Language(s): English Issue: 02/17/2020

In the news: civil unrest in Kazakhstan; a step closer to sacking judges in Armenia; a (potential) Nemtsov Square in Prague; a groundbreaking TV series about Ukrainian teenagers; and refugees learning AI in Bulgaria.

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Transitions Online_Around the Bloc-11 February

Author(s): Ioana Caloianu / Language(s): English Issue: 02/17/2020

Today’s regional roundup: anarchists sentenced in Russia; more jail time for Gigi Ugulava; rights for gay couples in Croatia; a banking scandal in Lithuania; and an amused Russian TV anchor.

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Същност и обща насоченост на актуалната реформа на наказателнопроцесуалната система

Author(s): Nikola Manev / Language(s): Bulgarian Issue: 8/2018

Criminal proceeding is a complex multi-layered activity, whose task is to disclosure the crime. The changes in criminal procedure legislation are conditioned by the adoption of the new constitu¬tion of the country in 1991. The methodological basis of the typology of the criminal procedure determines the way in which the relevant reform of the objective law is carried out. Regardless of the tendency to extend the scope of the disposi¬tive method, the determining method in the cri¬minal procedure remains the governmental (im¬perative) method of legal regulation. Reform of the Criminal Procedure Code is predetermined by the changes in the judicial system. More and more attention is being focused not only on law creativity but also on law application.

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Нормативни проблеми на развитието на академичния състав в България

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 8/2018

The article examines the historical development of legislation in the field of career development of the academic staff in Bulgaria. He points out the advantages and disadvantages of normative decisions from the beginning of the 19th centuryto the beginning of the 20th century. Criticizes the amendments to the Law on the Development of Academic Staff in the Republic of Bulgaria, promulgated in the State Gazette, N 30 of 3.4.2018, in force as of 4.5.2018.

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Обоснованост на правораздавателния акт по спорове в областта на интелектуалната собственост

Author(s): Veselina Maneva / Language(s): Bulgarian Issue: 8/2018

Justice as the highest type of law enforcement activity places the most requirements on the judicial authority. In relation to the treatment and resolution of intellectual property disputes, the specificity is justified by the nature of the intellectual property objects as intangible goods and by the special knowledge that the authority must possess. He makes a decision, justifying it with the evidence of the dispute and the established facts and circumstances, given the requirement to reveal the objective truth. These logical judgments the court forms on the basis of his inner conviction and give a complete practical form of subjective attitude, expressed in the motifs of the judgment decision.

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Продължителните договори

Author(s): Polya Goleva / Language(s): Bulgarian Issue: 8/2018

The long-term contract is a notion of law, that is not regulated by legal norms and was not anobject of the legal theory. Some kinds of long-term contracts in civil and commercial law as contractsof rents, loans, society, deposits are explicitly regulated by legal dispositions. The labor contractis a long-term contract too. Despite of the increased role and field of application of the long-termcontracts in our country like other countries any general legal positions don’t exist, which reflectthe specific features of the long-term contracts. That’s why the article propose the introduction delege ferenda of general causes for termination of the discussed here kind of contract.

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Същинските данъчни престъпления по НК на РБ – общи положения и проблеми, свързани с правоприлагането

Author(s): Roumen Vladimirov / Language(s): Bulgarian Issue: 8/2018

In the article under consideration are the basic features of the real three types of tax crimes.These are: avoidance of the establishment or the payment of tax obligations in big amounts – Article255 of the Criminal Code; the fulfilment of the same assault through allowed means – Article255а of the Criminal Code and the so-called tax fraud – Article 256 of the Criminal Code. The authorpays attention to some issues with regard to the regulation and the application of the norms ofthese offences. On the first place there is the issue of the subject and above all of the use of differentcriteria with regard to the content of the terms „big amounts“and „particularly big amounts“, including the cases of tax fraud under Article 256 of the Criminal Code. The second issue, which can now be considered to be solved by two interpretative decisions of the Supreme court of cassation, which provide a negative reply. In particular these are the questions whether the subject of those offences may be only the taxable person and whether it is a compulsory precondition that a tax assessment has been carried on and an amended assessment has been issued. The third issue is about the question how efficient are the norms for the real tax offences and the necessity for the amelioration of their legislative regulation, in which respect there exist some reserves.

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Сравнителноправен анализ между българското и руското трудово право относно проблема за „невъзникналото трудово правоотношение“

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian Issue: 8/2018

The subject of the scientific study in the paper is the comparative analysis between the currentpositive legal regulation of the so-called „labour relationship which has not come into being“in theBulgarian and the Russian labour law. A comparison is made between the legislative regulationof this issue in the second sentence of Article 63 (3), Article 86 (7) and the first sentence of Article96 (4) of the Bulgarian Labour Code and Article 61 (4) of the Labour Code of the Russian federation.In the current Russian labour law this legal institute is known as „annulment of the labourcontract“, which is a right of the employer. In Bulgarian labour law the problem with the labourrelationships that have not come into being is resolved legally and technically by means of the useof a legal fiction.

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Bulgarian Legislation on Nutrition of Infants, Children and Adolescents: Has Bulgaria Implemented the Rules of the WHO International Code of Marketing on Breast Milk Substitutes?

Author(s): Tsvetalina Petkova / Language(s): English Issue: 8/2018

The study analyzes the Bulgarian legislation on the feeding of adolescents. Conclusions aremade on the compliance of these rules with both the European legislation and the WHO InternationalCode of Marketing on breast milk substitutes.

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Що е то социалистическа правова държава?

Author(s): Deyana Marcheva / Language(s): Bulgarian Issue: 8/2018

In the Nineteenth All-Union Conference of the Communist Party of the Soviet Union of 1988emerges the concept of “socialist state under the rule of law“. What is that hybrid construct, whichclaims to be a successor of the “socialist legality“ in the USSR? Is it rule of law or is it a newideological hybrid born out of the same type of social engineering? The starting point of this researchis the historical and theoretical paradigm of “socialist legality“. The analysis shifts from theSoviet to Bulgarian context because the events, the concepts and the theory in Bulgaria during theperiod of totalitarian state and law literally copy and follow what has happened in the USSR. Asany other class concept “socialist legality“develops and functions in controversy to the “bourgeoislegality“that turns out to be the very concept of rule of law under a new name as given bythe socialist state and law textbooks. That’s why of particular interest are the political and scientificprocedure employed to restate the ideas of the rule of law during the “perestroika“so that they can be filled in with new “socialist“content.

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За преките вреди по смисъла на член 82 от Закона за задълженията и договорите

Author(s): Silvia Tsoneva / Language(s): Bulgarian Issue: 8/2018

The article explores the notion of direct loss as a limitation of the damages for breach of contract.This is carried out through a survey of the main causation theories acknowledged in Bulgarianlaw, the definitions of direct loss given by the legal academics and jurisprudence, historical reviewof the idea to keep contract liability within limits and comparative law treatment of this issue in theFrench, German and Swiss law.

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