Държавната тайна в България и наказателноправните гаранции за нейната защита

Author(s): Petar Koev / Language(s): Bulgarian Issue: 2/2015

The presented material explores the development of legislation in Bulgaria, related to the protection of state secret and criminal law guarantees for its protection. The fragmentary information in regard to major part of the legal framework, about the protection of state secret during the years, the obvious lack of interest from researchers on issues, related to criminal law protection of state secret and too scant case law, makes this presentation exclusively topical.

Европейска прокуратура - първа стъпка към създаване на общоевропейско наказателно правосъдие

Author(s): Galina Toneva / Language(s): Bulgarian Issue: 1/2013

The article named “The European Public Prosecutor’s Office – first step towards establishment of common European criminal justice” offers a concept including ideas for the structure, competence and legislation about the European Public Prosecutor’s Office (EPPO). The concept is based on the idea for the integrated model of this new European institution but with its own vision about the interaction with the national judicial institutions. First of all, the article indicates the basic principles the structure of the EPPO should follow. On the second place, the article outlines the concrete results which can be achieved by implementing these basic principles of organization and functioning of the EPPO and which are the main goal pursued by establishing the EPPO. On the next place, the concrete steps and the appropriate mechanisms to realize these results are explained. Finally, concrete conclusions about the advantages of this concept, about its future effect concerning the establishment of common European criminal justice, as well as about the difficulties that can appear in the process of its realization are drawn.

Специалните разпоредби на закона за мерките и действията по време на извънредното положение, обявено с решение на Народното събрание от 13.03.2020 г. в областта на данъчното облагане в Република България

Author(s): Sasho Penov / Language(s): Bulgarian Issue: 1/2020

An Act on the Measures And Activities At The State Emergency was adopted by the Parliament inrelation to the growing pandemic COVID-19 in March 2020 and announced by a decision of the National Assemblyon 13.03.2020. The act stipulates the measures and actions to be taken by the executive power, employers andappointing authorities, as well as the enactment of provisions of different legal acts and individual administrativeacts during the state of emergency. The construction of the law consists of general provisions and transitional andfinal provisions. In the part of the transitional provisions of the act are included specific rules which expresslyrearrange the enactment and application of certain provisions of the current tax legislation. The article discussesthe the content of these norms and some debatable issues which they raise. Based on the purpose of the law, asderived by the motives of its bill and its content, it may be concluded that these specific rules implement taxdeductions only on particular taxes and for a limited circle of taxpayers. Different possible interpretations arediscussed when comparing the general norms of the law and the special provisions for tax matters.

Zkušenosti s městským ombudsmanem v Detroitu

Author(s): Vladimír Sládeček / Language(s): Czech Issue: 4/1996

The author of the article deals with the issue of the local ombudsman. At the outset he gives a brief survey of the recent situation of the local ombudsmen in the U.S.A. In his opinion, quasi-ombudsman entities, complaint-handing mechanisms respectively, may be observed in a growing number of American states. Local ombudsmen, who have a character close to a legislative ombudsman pattern, operate in twelve American cities. The relevant part of the article is devoted to an analysis of the legal background and functioning of the urban ombudsman in the city of Detroit. The author considers this institution to be one of the few true local legislative-type ombudsmen in the United States. First he gives some facts from the history of forming the institution. Then he is concerned with various aspects of position and activities of the urban ombudsman in Detroit: appointment, personal qualifica­tions, deputy of ombudsman, investigations a investigatory power, the office of the ombudsman, etc. Some of the facts are based on a personal interview with Marie Farrell-Donaldson, the Detroit's City Ombudsman. In the conclusion the author indicates the meaning of the depicted experience with local (urban) ombudsman in the U .S. A. for the Czech Republic. Although an ombudsman-type institution has not been established in this country so far, there exists the bill on "Public Protector of Rights" which is in some aspects connected with the analysed issue. The author draws attention to unrealistic promises of candidates to the Senate to become the local ombudsman.

"Konference o profesionální etice" na Právnické fakultě Masarykovy univerzity

Author(s): Renata Vlčková / Language(s): Czech Issue: 2/1996

The "Conference on Professional Ethics" held at the Faculty of Law, Masaryk University, on March 13-14, 1996, featured prominent speakers from the John Marshall Law School in Chicago and various Czech legal professionals. Topics discussed included the ethical obligations of professionals in a democratic society, with a focus on the ethical dilemmas faced by legislators, judges, prosecutors, lawyers, journalists, doctors, psychologists, and legal educators. Key presentations covered the role of ethics in society, legislative processes, judicial proceedings, and the independence of judges. The conference also addressed the ethics of legal practice, contract law, advertising self-regulation, and the ethical responsibilities of legislators. Additionally, the event explored medical ethics, euthanasia, journalistic ethics, and the ethical standards for educators and researchers. The conference concluded with a call for ongoing dialogue and collaboration between American and Czech legal scholars.

Społeczno-polityczny dyskurs wokół reparacji dla Afroamerykanów i ustawy H.R. 40

Author(s): Magdalena Modrzejewska / Language(s): Polish Issue: 43/2022

RESEARCH OBJECTIVE: To analyze the discourse surrounding the legislative process for the “Commission to Study Reparation Proposals for African Americans Act” in order to identify the arguments and objectives of reparations for African Americans. THE RESEARCH PROBLEM AND METHODS: Research questions: what purposes would be served by paying reparations and how important is the economic component in the discussion process. We used MAXQDA to analyze the content of legal documents (bills, resolutions) and hearings before the subcommittee (recording of June 19, 2019, 3:39:57 and recording of February 17, 2021, 3:09:26) and prepared written witness statements (9 people testifying in 2019 and 7 people testifying in 2021). THE PROCESS OF ARGUMENTATION: The text analyzes the evolution of the arguments and proposals aimed at establishing the “Commission to Study Reparation Proposals for African Americans Act” what the first step is towards identifying and paying reparations to African Americans with a focus on the 2019 hearings before the Congressional Legislative Committee. RESEARCH RESULTS: The reparations debate is waged in moral, emotion ally charged terms where those involved in the discourse refer to their heritage. Contrary to the narrative of the opponents of reparations, the economic aspect and the financial benefits on an individual level are not the primary focus of the debate for the proponents. Since the solution was introduced for debate in 1989, there has been a visible increase in support for the project in both Congress and the American public. CONCLUSIONS, INNOVATIONS, AND RECOMMENDATIONS: Given the contemporaneity and importance of the phenomenon, further analysis of the discourse is necessary, particularly if a “Commission to Study Reparation Proposals for African Americans Act” is established and, as designed, prepares its report and recommendations.

Resistance to Transitional Justice in Bosnia and Herzegovina: Genocide Denial and Triumphalism

Author(s): Sandra Cvikić / Language(s): English Issue: 19/2022

Review of: Sead Turčalo, Hikmet Karčić (Eds.), Bosnian Genocide Denial and Triumphalism: Origins, Impact and Prevention, Faculty of Political Science University of Sarajevo, Srebrenica Memorial Center, and Institute for Islamic Tradition of Bosniaks, Sarajevo, 2021.

L’AFRICA, GILDONE E LA GESTIONE DEI SUOI FONDI CONFISCATI

Author(s): Andrea Trisciuoglio / Language(s): Italian Issue: 2/2022

We examine the historical events of roman general Gildo, who fell into disgrace and was declared hostis publicus by the Senate of Rome in the winter of 397 AD. After his death, the land he had previously occupied in Africa, at that time the „granary“ of Rome, was confiscated in favor of imperial res privata. Some constitutions present in the Theodosian Code preserve the memory of it; from them emerges the will of the western imperial chancellery to recover the profitability of the „possessiones Gildonis“ for the benefit of the res privata.

ENVIRONMENTALISM AND ROLE OF THE SOCIETY FOR ENSURING OF GLOBAL JUSTICE

Author(s): Karol Dąbrowski / Language(s): English Issue: 22/2023

Review of: Marvin T. Brown, A Climate of Justice: An Ethical Foundation for Environmentalism, Springer, Cham, 2022

Tranzicijska pravičnost od Trsta do Monoštra: med utopijo in resničnostjo

Author(s): Jernej Letnar Černič / Language(s): Slovenian Issue: 1/2022

The paper considers the attitude of the Slovenian society towards transitional justice. It notes that, in the years following the achievement of independence and the transition from a nondemocratic to a democratic system, the Slovenian society and state have not been able to fully adopt and implement all the necessary measures to redress the injustices suffered and punish the perpetrators. Progress has been made in this respect, especially regarding the issue of redressing injustices, and the Constitutional Court of the Republic of Slovenia has also played a positive role, especially in its first mandate. By contrast, there has been no breakthrough in retributive justice, as no one has been judicially held accountable for human rights violations under the undemocratic regime. The consequences are felt by the Slovenian society and people in their everyday lives, both in the public institutions and private sector.

РЕСТОРАТИВНА ПРАВДА: ПОЈАМ, ОСНОВНИ МОДЕЛИ И ПРАВДА ЗА ЖРТВЕ КРИВИЧНОГ ДЈЕЛА

Author(s): Marina M. Simović,Azra Adžajlić-Dedović / Language(s): Serbian Issue: 54/2021

Restorative justice is an alternative to the traditional criminal justice system and contains a number of different programs that can be applied at different stages of the proceedings, including diversion from formal criminal proceedings. This justice is fairer than judicial and strives to reconcile the victim and the perpetrator of the crime. The concept of restorative justice is motivated by a more active approach to the victim in criminal proceedings and more humane treatment of the perpetrator of the crime, and by giving the victim and the community the opportunity to participate in the process of rehabilitation of the perpetrator. Repairing damage implies responsibility and obligations, and the responsibility is not determined but is accepted by the perpetrator. In this sense, within the concept of restorative justice, four models have developed in the world, which, despite certain differences, have a common basic idea of achieving these goals. It is stated in the literature as the main objection that such an approach reduces the punishment of the perpetrator of the crime because it is assumed that he would be more likely to be more severely sanctioned by traditional criminal proceedings. However, despite the criticism, evaluation studies of this justice have shown mostly positive results. The authors deal, among other things, with the advantages and disadvantages, and models of restorative justice. The discussion focuses on the meaning of a just state and society, and considers different variants of justice for victims.

Przestępstwa popełnione przez żołnierzy Armii Czerwonej na Środkowym Nadodrzu po zakończeniu II wojny światowej (1945–1946) w świetle repertoriów Prokuratury Sądu Okręgowego w Zielonej Górze

Author(s): Karol Siemaszko / Language(s): Polish Issue: 2/2022

The western and northern territories of Poland (former German territory) were a troubled area in the few months after the end of the war. In the first post-war period, there were no stable power structures, including organs of justice and public order. The prevailing state of anarchy in this territory was the reason for an increase in crime. The perpetrators of crimes were not only civilian settlers but also Red Army soldiers stationed in the area. It should be emphasized that they often treated the territories of the western and northern territories as a conquered territory, and not as part of an allied state. The author presents the issue of post-war criminality in the Lubuskie Region (the so-called recovered territory), where the perpetrators were soldiers of the Red Army. This article was developed on the basis of the indexes of Prosecutor’s Office of the Regional Court in Zielona Góra from 1945-1946. The prosecutor’s office of the Regional Court in Zielona Góra, like the Regional Court in Zielona Góra, started its operation in the early autumn of 1945. Initially, the judiciary and public order authorities in the Lubuskie Region were struggling with personnel and organizational problems typical of the post-war period, therefore their effectiveness in prosecuting and preventing crime was relatively low. Moreover, it should be remembered that the Red Army soldiers were not subject to the jurisdiction of Polish courts and the prosecutor’s office. Cases concerning crimes committed by Soviet soldiers, registered by the prosecutor’s office in Zielona Góra, were transferred to the Military Prosecutor’s Office of the Red Army in Poznań.

PRAVNI RAZLOZI ZA REVIZIJU PRESUDE MEĐUNARODNOG SUDA U PREDMETU BOSNA I HERCEGOVINA V SRBIJA I CRNA GORA I DOSTATNOST DOKAZA

Author(s): Benjamin Nurkić / Language(s): Bosnian Issue: 31/2022

The Judgment of the International Court of Justice in The Hague in the case of Bosnia and Herzegovina against Serbia and Montenegro established that Serbia is responsible for non-preventing and not punishing the crime of genocide committed in Bosnia and Herzegovina, more precisely in and around Srebrenica. Following the Judgment, a discussion was launched within the general public on the possible initiation of a revision of the Judgment. The paper discusses whether Bosnia and Herzegovina had new evidence of “decisive” importance for initiating a revision of the Judgment. In that sense, the author analyzes the Judgment in the case of Bosnia and Herzegovina v. Serbia and Montenegro. In that sense, the author states what could have been the goal of the revision of the Judgment, and what “new” evidence was available to Bosnia and Herzegovina. Finally, the author concludes that Bosnia and Herzegovina did not have evidence of “decisive” importance for initiating the revision of the Judgment.

COMING TO TERMS WITH THE PAST: CASE OF ALBANIA IN THE EUROPEAN UNION PROCESS

Author(s): Hatice YAZGAN / Language(s): English Issue: 1/2023

Post-communist countries’ processes on their way to the European Union (EU) have extensively proceeded simultaneously with their transition from communism to democracy. The regime change led to a process of “coming to terms with the past” in the sense that these countries took transitional justice measures for the crimes and practices of the former authoritarian regimes. In this regard, Albania is a case worth considering as a part of the current EU enlargement agenda. As a country that was not involved in the ethnic wars between the former Yugoslavian countries, Albania experienced a different historical pace of a communist past with its peculiarities. This article mainly aims to analyse Albania’s coming to terms with its communist past and thus the transitional justice measures implemented in its EU process. The main argument of the article is twofold: First, EU impact was limited when Albania started its transitional justice period in the 1990s. This was due to the fact that progress in the EU process of Albania in terms of EU candidacy was enhanced in the 2000s and the impact of the strict EU conditionality became evident in these years as well. Secondly, the current international circumstances, in which the rivalry between Russia as well as China, and the West is at its peak in the so-called Western Balkans region, could allow Albania to be more closely aligned with the EU, which in turn may provide the necessary conditions for deeper reforms to come to terms with its past.

Aksjologia prawa Stanisława Czepity

Author(s): Marek Smolak / Language(s): Polish Issue: 41 (5)/2022

The aim of the paper was to present fundamental assumptions of axiology of law by Stanisław Czepita and broadly formulate his scientific attitude. As to the second issue, his approach can be described as analytical. The analytical sources of Stanisław Czepita’s scientific approach can be identified in three layers. Firstly, he attached great importance to conceptual analysis. Secondly, he treated the particular legal sciences very seriously, particularly civil law dogmatics. Lastly, Stanisław Czepita developed cooperation with the philosophy of language, semiotics and the philosophy of logic. As to axiology of law, at the beginning of his research he was a moderate cognitivist but later he accepted that values exist objectively and that they are cognizable. Although Stanisław Czepita belongs to the analytical camp, one can classify him as an iusnaturalist. In other words, analytical approach can be easily combined with cognitivism and formulating moral demands towards law.

William Partlett, Herbert Küpper, The Post-Soviet as Post-Colonial. A New Paradigm for Understanding Constitutional Dynamics in the Former Soviet Empire, Edward Elgar Publ., Cheltenham-Northampton 2022

Author(s): Rafał Czachor / Language(s): Polish Issue: 45 (4)/2023

DELITTI PASSIONALI NELL’EGITTO ROMANO DEL IV SEC. D.C. UN’ANALISI GIURIDICA DI P. AKTENBUCH 3-8

Author(s): Monica Ferrari / Language(s): Italian Issue: 2/2023

Within the fourteen pages of papyrus housed in the P. Philammon codex, now published as P. Aktentuch in its second edition and preserved at the Berlin Museum, six fragments reveal seven distinct judicial decisions. These documents pertain to criminal cases heard before a provincial governor in one of Egypt's provinces or even before the prefect of Egypt himself during the late 4th century AD. The second and fourth cases involve two murder cases with female protagonists, showcasing strikingly similar circumstances. In both instances, a woman, a wife in the first case and a girlfriend in the second, is discovered by her husband or boyfriend in a compromising situation with her lover. In one case, she falls victim to violence, while in the other, she takes up the weapon herself, possibly in a bid to defend her own life. The comprehensive documentation of these two legal proceedings, which adhere to the typical characteristics of cognitiones extra ordinem before Roman provincial governors, provides an insightful perspective on the treatment of crimes of passion, within the context of prevailing imperial regulations.

BREASTFEEDING AND ROMAN LEGISLATION

Author(s): Renato Perani / Language(s): English Issue: 2/2023

The practice of wet-nursing spread in Roman times as early as the late Republic even more during the Imperial age. It is widely believed in the literature that it was the Antonine emperors who curbed this trend and favoured the role of mothers. However, there is no specific legislative intervention handed us to us, but some legal and literary sources confirm the widespread interest in this topic at the time.

What does law have in common with a folk tale? Perspectives of application of Propp’s method in jurisprudence

Author(s): Łukasz Mirocha / Language(s): English Issue: 47 (1)/2024

This study aims to present to the readers the achievements of Russian literary scholar Vladimir Propp and to analyse the possibility of applying them in jurisprudence. Propp researched literary pieces from the magical tale genre and came to a conclusion that their plot is composed of 31 repeating functions performed by 7 types of characters. Propp showed that despite variations in the names of actions, characters and superficial attributes in various folk tales, the deep level of the text of these works allowed readers to notice some identical elements between them. Propp’s major work - Morphology of the Folktale, together with anthropologist Claud Lévi-Strauss’s thought and the findings made by Noam Chomsky became an inspiration for the development of the French school of structuralism and narratological research. The discussion presented in this article fits the research realm called law and literature, especially its narratological branch. This study presents a synthetic elaboration on the state of the art of research on legal narratology and possible application and limitations of Propp’s thought in this field. This work does not rely on the analysis of the law in force, thereby a reference to such a method or a reference to the historical development of relevant law is unnecessary here. Instead, discourse analysis plays the pivotal role in this article. This paper points out that given the differences that occur between law and literature, Propp’s achievements may primarily play the role of inspiration for jurisprudence, though there are realms in which Propp’s method may be applied directly.

Tntocmirea situatiilor financiare consolidate

Author(s): Georgiana Bugeac / Language(s): Romanian Issue: 6/2023

Are you part of a group of companies? Because we are preparing for the end of the financial year, the purpose of this article is to present the mechanism for preparing the consolidated annual fi nancial statements, according to the rules set out in OMFP No. 1802/2014 for the approval of the Accounting Regulations concerning individual annual financial statements and consolidated annual financial statements, as subsequently amended and supplemented. We also present practical details about the need to make adjustments related to the current year, but also related to previous years.