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The article presents perspectives on the nature and possibilities of corrective measure “placement in a Correctional Boarding School” under the conditions of CBS.
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The topics of civic education and children's rights are being discussed more and more frequently in the past 11 years after Bulgaria joined the EU. Civil education is expected to familiarize children with their "equal and inalienable rights, the most important of which are freedom, justice and peace in the world". The outcome of civic education cannot be just “simple voters”, but rather personalities concerned about the public good. Through the civic education, the moral basis of children's rights is internalized.
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This article aims to explain citizens’ support for the Law on the Use of Languages (LUL) through their demographic characteristics, political participation, party affiliation and ethnic belonging. We base this article on an empirical ordered logistic regression models using an original database of 669 Macedonian respondents. We compare the support of Macedonian public for the LUL with the support for the general idea of promotion of the use of the languages of the non-majority ethnic communities in Macedonia. We argue that both the support for promotion of minority languages in Macedonia, as well as the support for this concrete Law depends mainly on citizens’ ethnicity and party affiliation. We find statistically significant opposition for the LUL among the ethnic Macedonians, the (Macedonian / mainstream) opposition parties, the participants in the so called ‘For a Shared Macedonia’ initiative, and those whose mother tongue is a minority language other than the Albanian.
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The politics of godfatherism and regionalism has become a phenomenon in the political development of many nations Nigeria inclusive. The paper examined the determinants and impacts of politics of godson and regionalism in Yobe state. Indeed, the politics of godson or the elites have entered every hook and crannies of the state and have affected the political arrangement of the political system. The paper is qualitative in nature, data were generated from secondary sources where several related articles, newspapers, magazines, books were consulted etc. In explaining the topic under study, the researcher adopted Elite theory. This theory was propounded by Vilfredo Pareto in 1935, the postulation of the theory is that elites could only be replaced by another set of elites, meaning that the majority are unavoidably governed by the minority. The study found that the politics of godfatherism courses and affect the political development of Yobe state by restricting power in the hands of the few, in a specific geopolitical zone of the state. This has leads to inter-party and intra-party defections, decamping and conflicts among the party members. Therefore, the study recommends the adoption of the direct primary election in chosen candidate in all level of governance. INEC should also make a law that will discourage money politics and punish culpritinvolved in such an illegal act. To minimize the politics of Godfatherism, there is a need for political awareness campaigns on the effects of political godson on the political development of the state.
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The Republic of North Macedonia, a candidate country in the EU, is continuously subject to conditionality in relation to establishing a professional and effective public administration from the EU institutions and from the civil society. This paper employs the qualitative methodology of process tracing to find out whether the EU conditionality has managed to establish a merit-based civil service. The data are gathered and analyzed for a period of ten years while analyzing the legal and institutional structure of the civil service. The findings identify the factors that hampered or prolonged the implementation of reforms and they offer insights on the conditions necessary for the civil service reforms to take place.
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New technologies have opened several risks to safety of journalists. More importantly, in the state of emergency caused by the Covid-19 outbreak, journalists and media actors have shifted their activities online more than ever, which also made them more prone to digital threats and attacks. In some regimes there are even organized intimidation campaigns against political opponents causing chilling effect and self-censorship, and jeopardizing freedom of expression in general. Hungary as a member of the European Union since 2004 and Serbia as a leading candidate to join the EU are two countries where the problems and concerns about media freedom is growing every day. The fear from the unknown during the international pandemic gave opportunity to some governments to hide their real political agendas and cover their desire for the 'good-old-fashioned' censorship. The number of countries where some kind of censorship could be found is growing every day. The authors will show two country-case-studies from Hungary and Serbia, where the leaders and the political situations are very similar and could show a (good or bad) example to other countries that would like to follow the illiberal views on media issues.
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This paper intends to demonstrate that it is a mistake to equate the Latin syntagm contrahere obligationem to the modern idea of concluding a contract, phenomenon that entails the formation of a false retrospective construction due to the anachronistic use of a modern dogmatic concept applied to the Roman legal experience. In classical Roman law, the phrase contrahere obligationem referred to the lawful and specific activity carried out by an agent in order to give rise to an obligation, meaning, regarding him, the causa obligationum.
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The article presents the emphyteuseos contractus and the legal framework of emphyteusis in the Justinian Code (CJ 4.66. De emphyteutico iure) and in the Justinian Institutions (IJ. 3.24.3). It is the founding title of the emphyteusis as a result of a long evolution of this agrarian practice, but also the basis for the vitality of the emphyteusis in the Middle Ages and its application today.
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The article raises the question of two legal terms - harm (dommage in French) and damnum (in Latin): whether they are so-called in linguistics "false cognates"? If we look at the dictionaries of two modern languages, in such way are called words that are very similar in appearance but different in meaning. The interpretation of the difference in word formation and meaning can sometimes be explained by differences in the evolution of the two words, which could have a common etymological origin. The peculiarity of the case considered here is obvious in the fact that one word originates from another and it is not a question of parallel development. The question also arises as to whether the evolution of the word has given it a new meaning different than that which it had in Latin. The purpose of this brief research is not a philological or an etymological study of the subject, but to examine whether every time the Roman jurists speak of damnum it necessarily corresponds to the concept of harm (dommage) in the French language.
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The French reform of contract law, and in particular the publication of the Ordinance of 10 February 2016 on the reform of contract law, offers an opportunity to make some remarks on the subject of the Roman definitions of dolus malus. In fact, the new Article 1137 of the French Civil Code introduces for the first time the definition of fraud. This is a novelty in the legislation, as the drafters of the Civil Code of 1804 (Napoleon's Code) did not propose any definition of fraud, although Pottier in his "The Doctrine of Bonds" adopted the famous definition of dolus malus by the Roman jurist Labeon. It was formed in the legal doctrine and case law of the XIX century, and for this purpose the Roman legal sources are analyzed.
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With a critical and renovating spirit, the author is firmly convinced of the value of the theory of the legal business, both for its usefulness to form the mind of the new jurists, as well as that of the romanist as the mercantilist and the civilist. The study focuses on an analysis and a critical review of the doctrinal generalities and the specific points of our romanistic science, including some reflections on the new doctrinal currents that allow us to extract the most outstanding scientific profiles of the so-called legal business. We will make a brief commentary on the I. General presuppositions. II. Concept of Legal Business. III. Brief reference to the essential elements. IV. Utility, justifications, and recognition of the scientific values inherent to legal dogmatics and the Theory of the Legal Business. V. Doctrinal postulates on the legal business. VI. Nuances and conclusive convergences. Historical-critical method. Historical-dogmatic method. From the dogma of the autonomy of the will, to the dogma of Betti's prescriptive declaration.
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The aim of this article is to present the case on modern methods of smuggling narcotic drugs and psychotropic substances to the European Union. There is particular emphasis on rip-on / rip-off methods, which play a key role in transporting cocaine from Latin American countries via containerized sea shipments. The author used materials and studies obtained through extensive research with the services working to combat drug crime at the largest seaports in the European Union, namely: Rotterdam (Netherlands), Antwerp (Belgium), Le Havre (France), and Hamburg (Germany) in 2019-2020. The article addresses the research problem of smuggling via maritime transport, most often used by international criminal groups to trafficking narcotic substances to the European Union. The paper presents the method of critical analysis (studies, reports, scientific articles, literature on the subject, and materials from meetings under the EU Customs 2020 project). The author presents three main theses which, in his opinion, contribute to the choice of the method: low transport costs of containerized shipments, mass volume, ease of access, a small percentage of detailed checks conducted by border services, insufficient security of port infrastructure in Latin America, unrestricted access to seals forwarding, and the ease of falsification. This article supplements the literature on the subject of the methods of drug smuggling into the European Union.
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Beneath the surface of our seas there is another world and an entire page of European history. Despite natural factors, the sea might be one of the best and safest environments for both natural and cultural heritage. New advanced technologies allow us to discover and salvage these ancient treasures in a relatively new suite of efforts. This year we celebrate the 20th anniversary of the Convention on the Protection of the Underwater Cultural Heritage, adopted during the UNESCO's General Conference in 2001, a moment for millennia of our common memory, but also, a remarkable example of common effort in international law.
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In making spatial planning rules in the Special Region of Yogyakarta, the Regional Regulation (perdais) on Spatial Planning refers to Law No. 26 of 2007 on national spatial planning and DIY Provincial Regulation No. 2 of 2010 concerning the RTRW of DIY Province 2009-2029. The establishment of special rules regarding Spatial Planning of Sultanate Land and Duchy Lands is regulated in Special Regional Regulation No. 2 of 2017 concerning Spatial Planning of Sultanate Land and Duchy Land. This rule governs privileges in spatial planning, especially spatial planning related to Sultanate land and Duchy lands found throughout the DIY region. In addition, this regulation also regulates the spatial functions of the Sultanate and Duchy lands aimed at the maximum for the development of culture, social interests, and public welfare. The concept of spatial planning developed in the Perdais on Spatial Planning of the Sultanate and Duchy Lands is cultural, spatial planning, which is not the same as the spatial concept in western literature, which has been the reference for spatial planning. In-Law number 13 of 2012, it is explicitly stated that spatial planning in the Perdais is directly related to the land of the Sultanate and Duchy. But in the concept of thinking, the idea's substance covers the spatial planning of the DIY region comprehensively. It is directed to not conflict with the national spatial layout and the essence of DIY privilege.
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Fight against international terrorism is also led by a regional organization such as the Commonwealth of Independent States, which demonstrates the experience of effective counter-terrorism in the format of cooperation between CIS member states. This is done on the basis of the Treaty on Cooperation in Combating Terrorism (1999) drawn up in the provisions of the Protocol on the procedure and implementation of joint counter-terrorism measures on the territories of the CIS member states. Programs to combat international terrorism and other manifestations of extremism, for example, developed for the period 2020-2022, come to coordinate the efforts of the CIS states. With the understanding of the extent of the real threat of terrorism, the idea of creating a coordination center arose in the CIS, which later materialized through the creation of the CIS Anti-Terrorism Center (2000). The CIS is in a state of constructive dialogue with various international organizations to find effective ways to combat terrorism.The article will highlight the activities, the political and legal framework of the Commonwealth of Independent States as a regional security organization in the field of combating and preventing terrorism. The priority areas of cooperation between the CIS and other international organizations in the field of combating terrorism will be also analyzed.
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In this study, we make and analyse a set of assessments and observations that seem to us more assumable, from historical and jurisprudential precedents, with the purpose of confirming the prevalent character of the principle of the proculeyan jurisprudence on the tabula picta, and its constant application until today, as can be seen in the current Spanish Civil Code. To this end, we will address: I. Introductory Summary: Accession in the Spanish Civil Code and preceding Roman jurisprudential problematic. II.Accessio as the most assumable framing and the possible differentiating profiles with specificatio. III. Possible indications related to the preceding beliefs, customs and traditions that may have motivated the change in the assignment of ownership to the painter. IV. Summary reference to some doctrinal comments on the alterations of the text of ІG 2.78, without abrupt changes in substance. V. Specific observations and analysis of the text of Gaius 2. 78: „Tabula picturae cedere“.
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This article examines issues related to the legal nature of intangible assets, the nature and content of exclusive law as a subjective absolute civil right. The content of copyright as a set of property and non-property rights is clarified and a comparison is made between the anglo-american and continental understanding of copyright. The personal inalienable and alienable rights of the author are analyzed. Special attention is paid to the author's right to demand preservation of the integrity of the work and the consequences of its violation. They are considered features of this right and its exercise in the works created in the conditions of labor relations and by order. They have been studied issues related to the protection of the right to integrity and the determination of compensation.
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The present article puts an emphasis upon the acquisition of bearer bonds from a non-owner in the context of art. 78, para. 1 of the Law of Property Act. Significant attention is devoted to establishing the content of the notion of “bonds” in order to assess which of the assets fall within the scope of application of the acquisition from a non-owner pursuant to art. 78, para. 1 of the Law of Property Act. Moreover, the present article aims to compare the means of acquisition applicable to bills of exchange, as established in art. 471, para. 2 of the Commercial Act, with the acquisition from a non-owner pursuant to art. 78, para. 1 of the Law of Property Act.
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Starting from a fragment from Ulpian (D. 1.3.34), the present paper aims at presenting other ancient sources and explore if provincial custom was accepted as / considered a self-standing source of law or if it was necessary for it to be confirmed in contentious proceedings. The research also presents the relations between custom and law.
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After the military victory and the conquest of the whole Empire, Augustus renforced his power through a large religious programm, to show that not only men, but also the gods were now in peace and all together engaged to ensure the glory of Rome. He presented himself as the new conditor, after Romulus, and had the idea to call himself Romulus or Quirinus (the divine transfiguration of the first king). An official cult of the emperor did not rise, for political caution, and in the several provinces, the consideration of the princeps took different forms. In some of the Eastern provinces people were allowed to look at him as a god, but generally, he had a different role: he was more powerful than a simple god.
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