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A Proposal of Change in the Model of Police Education in Poland on the Basis of Experiences of Uniformed Agencies of Selected EU Member States. Outline Of Issues. Part I

Author(s): Jacek Dworzecki,Dominik Hryszkiewicz / Language(s): English Issue: 3/2017

The aim of the study is to present the existing solutions to the functioning of the police education systems in selected Member States of the European Union. Using the results of the study, the Authors presented the organization of police schools and universities in fifteen European countries. On the basis of the information obtained during the survey that was conducted across Europe the implementation of new organizational and legal solutions to the Polish police education system was proposed. The system of educating officers in Poland was presented in an institutional way, while the functioning of its leading component, i.e. the Police Academy in Szczytno, was described in detail. The material was divided into two parts because of its volume. The first part presents the organization and run of the research activity and ten police education systems in the Member States of the European Union were also characterised. Whereas the second part of the paper contains a continuation of the characteristics of the police education systems in Europe (the next four countries were discussed), and also highlights the functioning of the police education system in Poland, with particular reference to the Police Academy in Szczytno. This part of the study also includes proposals for changes to the Polish police education system. The paper was made in the framework of the project "Construction of an IT system supporting communication in the Police and other services subordinated to the Ministry of Internal Affairs in the aspect of internal security", project No. DOB-BIO7 /03/01/2015 of PLN 5 010 000 co-financed by the National Research and Development Centre under the competition No.7/2015 and No. 7/2015 for the execution and financing of research and development projects for national defence and security or research and development works for national defence and security.

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ТУМАЧЕЊЕ МЕЂУНАРОДНИХ УГОВОРА

Author(s): Stevan Đorđević / Language(s): Serbian Issue: 3-4/2004

Two essential features emerge from the definition of interpreting legal acts in general and international conventions, in particular. The first is a free, intellectual act that is not subject to strict legal rules. Secondly, only the clauses of a convention that are not clear need interpretation, whether they are unclear, ambiguous, or polysemous. Interpretation is connected with the implementation of the convention, but also with the broader meaning of the notion of the convention as a whole. The sense and the significance of the interpretation of the convention lies in the fact that one does not go beyond what the contracting parties have decided. Seeing that international conventions are not concluded in empty space, but within a given international legal order, within which the contracting parties exist, attention will be paid to this background and foundation in the process of interpretation.

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LAWFARE: THE USE OF THE LAW AS A WEAPON OF WAR

Author(s): Alexandra Mălina Mânea / Language(s): English Issue: IX/2010

Undoubtedly, terrorism represents a current, challenging and dynamic phenomenon and issue of our times. Terrorist are constantly engaged in a learning process, not only preparing new and more dangerous tactics and approaches, but also working to understand the counter-measures designed against them. By anticipating such meaures, terrorists are able to surprise their enemies time after time. It is thus the responsability of experts from every branch and discipline of the field – academia, law enforcement, intelligence community, military and diplomatic circles – to be at least as innovative as the forces they seek to defeat. One of the last complementary tactic to terrorism and asymmetric warfare is the wrongful manipulation of the law and legal systems in order to achieve strategic political or military ends. As a legal concept, terrorism strikes not only at the political power of states or at the safety of individual citizens, but at the law's own stability as law.

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Silala Basin Dispute – Implications for the Interpretation of the Concept of International Watercourse

Author(s): Mihajlo A. Vučić / Language(s): English Issue: 4/2017

This article deals with the concept of the international watercourse and legal rules that regulate management of shared water resources. It is prompted by the current dispute before the International Court of Justice (ICJ) which raises the question of what is exactly the purpose of these rules and what should be the object of their protection. The interpretation of customary international law in this field points to the conclusion that even an artificially created international watercourse does not preclude the application of international law.

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Prawo do samostanowienia narodów w prawie międzynarodowym – aktualna wykładnia

Author(s): Krzysztof Bobrowski / Language(s): Polish Issue: 1/2015

The Author presents a legal analysis of self-determination in international law. It is presented both through a historical and a modern perspective, recalling i.a. such cases as Kosovo, Quebec, Palestinian state in statu nascendi.

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Legal safeguards of professional independence of international civil servants – external and internal dimension

Author(s): Duško Glodić / Language(s): English Issue: 4/2017

This article explores legal safeguards of professional independence of international civil servants. The author identifies two dimensions of this issue – external and internal. The external dimension appears in the relation between the officials and the international organisation’s secretariat and the national authorities of member States of an international organisation, whilst the internal dimension is related to the relations within the secretariat of the international organisation, particularly between an official and his hierarchical superiors. Following the analysis of relevant legal texts, establishing treaties and headquarters arrangements and staff regulations of some international organisations, the author concludes that legal safeguards to ensure independence of officials from the intrusion of national authorities are sufficiently well developed, on the one hand, whilst there is room for improvement of legal instruments protecting the international civil servants in relation to their hierarchical superiors within the secretariat of an international organisation, on the other hand.

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Universal Justice for a Globalized World

Author(s): Antoine Kesia-Mbe Mindua / Language(s): English Issue: 1/2017

This paper focuses on the problem of international criminal justice. However, since globalization refers mainly to universality, the other aspects of international justice are also discussed. Therefore, the first part of the article addresses the main features and challenges (both promising potentials and high risks) of globalisation. The second part is devoted to the concept of universal justice and its challenges, where three basic phenomena are discussed: distributive justice, rectificatory justice, and restorative and retributive justice. The third part of the article provides some insights into the evolving international criminal law. Especially, emerging new global offences are being analyzed: „ecocide”, economic international crimes, and „patrimonicide”. In the last part, mechanisms of suppression in universal justice are being addressed, both on a national and a global level (though international criminal courts). The article argues that in order to ensure the deterrent effect of the International Criminal Court, it is thus necessary to guarantee the independence and the credibility of this Court. The article concludes that real universal justice will be realized only with the recognition of two major factors: recognition of new crimes, and universalization of the ICC. Hence, the ICC will become really a court of the 21st century, characterized itself by the phenomenon of globalization. Such a move will bring some relief to our planet, “Mother Earth” and more peace and happiness to mankind.

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ОДСТУПАЊА ОД РЕДОВНОГ ПОСТУПКА ОДЛУЧИВАЊА О ПРЕТХОДНОМ ПИТАЊУ ПРЕД СУДОМ ПРАВДЕ ЕВРОПСКЕ УНИЈЕ

Author(s): Zoran Radivojević / Language(s): Serbian Issue: 67/2014

For years, the Court of Justice of the European Union has been overloaded with requests for preliminary rulings, given that these proceedings make up more than three-quarters of the Court caseload. Such circumstances constitute a significant constraint to the operation of the Court, which is unable to quickly and effectively respond to the preliminary questions which are referred to this Court by the national courts of Member States. In addition, the duration of the regular preliminary ruling proceedings jeopardizes the European standards not only in terms of the lengthy procedure but also in terms of observing the right of each individual to effective judicial protection within a reasonable time. In order to make the proceedings faster and more effective, the procedural rules have been repeatedly amended and supplemented. The applicable Rules of Procedure of the Court stipulate some exceptions from the regular preliminary ruling procedure. The first one is the so-called simplified procedure, where the Court renders a final decision in the form of a reasoned order, without scheduling an oral hearing and obtaining the written opinion of the Advocate-General. The Court may also decide to institute the expedited procedure, by means of which the case at issue is given absolute priority over other cases. The last exception is the urgent procedure, which is applicable only in the area of freedom, security and justice; it implies the omission of certain stages of the regular preliminary ruling procedure. The analyses presented in this paper show that the results achieved in terms of reducing the length of the regular preliminary ruling procedure are generally positive. Thus, the average time required for rendering a decision in the expedited procedure is approximately four and a half months, which is certainly a significant improvement as compared to the length of the regular procedure which takes sixteen to seventeen months. The initial results accomplished by instituting the urgent procedure are even more encouraging, as the average duration of this procedure is approximately two months. The time required for deliberation in an urgent procedure has never exceeded three months, which makes this procedure faster and more efficient than the expedited procedure.

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Form Factors or International Law Standards: Legitimation of Law or Legalization of the Centers of Force?

Author(s): Andrey Kuzmin / Language(s): English Issue: 2/2018

The article is devoted to the problems of international legal standards. Research objective is exploring the possibility of using in science of the category "form factor". The main results of the article are that form factors of international law are the accession parameters established in the regulations of the national law extending to the sphere of the interstate relations. А study of this category is conducted first.

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The Palestinian State: International Legal Context

Author(s): Vadim Antashev / Language(s): English Issue: 2/2018

The paper considers some key issues concerning international recognition of the Palestine as an independent state and prospects of its gaining real sovereignty. The conclusion is that the Israeli-Palestinian conflict is an undulating process, so the task of minimizing conflict requires the ability to take advantage of a decline in the level of confrontation, when both sides are ready for mutual concessions

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General Characteristics of Contracts with a Foreign Element

Author(s): Olga Shubina / Language(s): English Issue: 2/2018

In the theses we analyze some legal rules provisions сconclusion of a contract with a foreign element. The author examines the general characteristics of contracts with a foreign element and makes suggestions on the procedure for concluding agreements.

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Jurisdiction of Cases on Contesting Normative Legal Acts

Author(s): Natalya Yushchenko / Language(s): English Issue: 2/2018

The win-win philosophy reflects the ideology of mutual benefits, the satisfaction of mutual interests, and the conclusion of strategic alliances that is inherent to the mediation institution. Efforts are being made to provide the legislative regulation of mediation in Ukraine. The author’s position is in the need for a comprehensive study of judicial mediation under the judicial reform implementation in Ukraine and the development of the conceptual standpoints of “natural imbedding” of this institution in the national legal system.

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The Win-Win Philosophy or The Institution of Judicial Mediation in Ukraine and The World

Author(s): Svitlana Zapara / Language(s): English Issue: 2/2018

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Suwerenny Zakon Kawalerów Maltańskich jako podmiot prawa międzynarodowego

Author(s): Małgorzata Szwejkowska,Kacper Milkowski / Language(s): Polish Issue: 38/2017

The Order of Malta, based in Rome, is widely regarded as a subject of international law. It is officially recognized by governments of over 100 countries and has numerous diplomatic missions. It has no territory. His properties: two in Rome and one in Malta have the status of extraterritoriality. The Order is a party to international agreements, maintains diplomatic relations, participates in diplomatic life, international conferences, acts as an observer in various organizations (UN, UNESCO, UNICEF). The purpose of this publication is to determine the legal and international subjectivity of the Order of the Knights of Malta. The authors in the publication make a historical analysis of the Maltese Order, as well as characterize its legal system. The article discusses the relationship with the Holy See. The views of doctrine regarding the subjectivity of the Maltese Order are also characterized. The assessment of legal subjectivity is made by certain attributes that have entities of international law. The publication also presents the practice of states in the field of cooperation with the Maltese Order in the international arena.

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The Integration Role of the European Space Agency Background History of the ESA

Author(s): Michał Pietkiewicz / Language(s): English Issue: 38/2017

Organizacje międzynarodowe pełnią różne funkcje, m.in. regulacyjną, operacyjną oraz kontrolną. Europejska Agencja Kosmiczna (ESA) jest opisywana w literaturze przedmiotu w większości przypadków przez pryzmat jej funkcji operacyjnych, najczęściej z pominięciem pozostałych. Celem niniejszej pracy jest próba ukazania wzajemnego oddziaływania Unii Europejskiej i ESA na kreowanie polityki kosmicznej państw wchodzących w skład UE i nie tylko. Fakt, iż te dwie organizacje nie są ze sobą hierarchicznie powiązane, stanowi interesujący przyczynek do rozważań naukowych i współpracy w zakresie eksploracji kosmosu czy też realizacji wspólnych projektów naukowo-badawczych, takich jak EGNOS, Galileo, Copernicus. Zdaniem autora za niezbędne należy uznać dalsze pogłębianie współpracy pomiędzy wymienionymi organizacjami, tak by Unia Europejska mogła stać się realnym konkurentem w zakresie eksploracji kosmosu dla takich państw jak USA, Federacja Rosyjska, Chińska Republika Ludowa, Japonia i Indie.

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Obowiązki informacyjne wynikające z noweli ustawy o nabywaniu nieruchomości przez cudzoziemców a czynności notarialne polskich konsulów

Author(s): Paweł Czubik / Language(s): Polish Issue: 38/2017

On January 1, 2017, a law amending the law on the acquisition of real estate by foreigners and other statutes entered into force. The scope of the envisaged changes concerns the extension of information obligations towards the Ministry of Interior and Administration, which was the new solutions provider. The law has extended the circle of entities obliged to make appropriate notifications as well as the scope of legal acts subject to the notification obligation. The subject of the article is the scope of obligations introduced by the amendment, as regards the notarial turnover.

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Zaključivanje i izvršavanje međunarodnih ugovora u pravnom sistemu Bosne i Hercegovine, Crne Gore i Hrvatske

Author(s): Dragoljub Todić / Language(s): Serbian Issue: 2/2018

The paper deals with the conclusion and implementation of the international treaties in the legal systems of the three neighbouring countries: Bosnia and Herzegovina, Montenegro, and Croatia. The normative framework of the analysis is the relevant provisions of the constitutions and laws regulating the conclusion and implementation of the international treaties. The author points to the importance of the international treaties and the importance of regulating their conclusion and implementation. The first part of the paper is devoted to the place that international treaties have in the legal systems of these countries. The main part of the paper analyses the laws governing the procedure for concluding and implementing international treaties in these countries. The aim of the paper is to examine the similarities and differences in the ways of regulating relations with international treaties, as well as the procedure for concluding and implementing the international treaties. It is particularly pointed to the similarities and differences between the two countries that are in the process of EU integration and Croatia, already being a member of the EU. In conclusion, there are several common characteristics, but also certain differences

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МЕЖДУНАРОДНОПРАВНА УРЕДБАНА СОЦИАЛНОТО ОСИГУРЯВАНЕ НА САМОСТОЯТЕЛНО ЗАЕТИТЕ ЛИЦА

Author(s): Zhaneta Petkova / Language(s): Bulgarian Issue: 1-2/2017

There are persistent trends in the labor market in terms of increasing the number of self-employed people, which puts in the forefront the need to more fully ensure their material security. The subject of this study is the minimum standards for social security protection of self-employed persons established in international acts, as well as the applicable coordination rules in the presence of an international element in the insurance relationship.

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The Chagos Archipelago Case in The International Court of Justice

Author(s): Mehmet Şükrü Güzel / Language(s): English Issue: 1/2018

On 22 June 2017, the General Assembly of the United Nations adopted resolution A/RES/71/292 in which, referring to Article 65 of the Statute of the Court, it requested the International Court of Justice to give an advisory opinion 2 questions on these paration of the Chagos Archipelago from Mauritius in 1965 by the Lancaster House Undertakings. Even if the case seems to be between the United Kingdom and Mauritius, in fact, the case has a Sui Generis character and is between the United Nations and the United Kingdom.

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Próba secesji Katalonii – po czyjej stronie stoi prawo?

Author(s): Mateusz Osiecki / Language(s): Polish Issue: 106/2018

October 1st, 2017 was a day on which the whole world directed attention at Catalonia – that autonomous region of Spain took a long‑awaited attempt to secede, and in consequence – constitute an independent republican state. That event was a true apogee of conflict between Barcelona and Madrid, that was focused mostly on Catalonia’s struggle for obtaining greater freedom – many inhabitants of the region were just unsatisfied with the fact that the central government was neglecting its economic interests, and besides that, the sense of separateness from the rest of Spanish population was growing constantly among Catalans. However, the government of Spain consequently obstructs the Catalan separatist process, evoking Constitution’s provisions. In turn, the Catalan government argues its claims by right to self‑determination of peoples. Who is right here then? The hereby article is a research paper aiming at answering that question. To achieve that, an analysis of facts related to the process of gaining independence by Catalans, and above all, the legal provisions is conducted. Studied is Spanish constitution along with its relevant provisions, as well as jurisprudence of Spanish Constitutional Court. Research is also devoted to international law, particularly the right of self‑determination and permissibility for secession. An attitude of international community towards Catalan secession attempt is briefly presented.

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