The Enactment of the Livre au Roi: A Chronological Inquiry
The Livre au roi is the oldest of all the treatises that make up the Assizes of Jerusalem. The enactment of this codification was associated with the reign of King Amalric of Lusignan. The subject of research in this paper is an attempt to determine the moment of its adoption more precisely. Firstly, the legal features of the Livre au roi are pointed out. Then, it is indicated to the conflict between King Amalric and Ralph of Tiberias, which had a decisive influence on the enactment and on the content of this codification. Finally, the moment of the Livre au roi’s enactment is sharpened by pointing the peace treaties which King Amalric concluded with Sultan Al-Malik Al-Adil and the provisions of the codification which regulated the regency. The Livre au roi could have been enacted in 1200, 1204, or it was created in both of the mentioned years.
- Research Article
- 10.21564/2414-990x.130.53799
- Nov 17, 2015
- Problems of Legality
Problem setting. In today's Ukraine reform encountered not only external but also to internal obstacles. The latter were associated not only with the lack of political will, but also with insufficient theoretical knowledge of individuals who organizes changes. Moreover, getting public office, reformers become a part of the bureaucratic state machinery and experiencing significant resistance change. This primarily occurs because of changes that the organizers do not understand the essence of bureaucracy, and therefore can not overcome its negative features. Recent research and publications analysis. In independent Ukraine the majority of works are devoted to problems of organization of public administration, mainly concentrated around corruption. However, the issue of red tape mostly ignored by the overwhelming majority state researchers. As an exception we can mention common work of V. Tsvetkova and V. Gorbatenko «Democracy – Management – Bureaucracy», in which, inter alia, considered «loss, achievements and prospects of the modernization of Ukrainian society» through the prism of theories of bureaucracy. The reform of the state mechanism have also been the subject of research, both domestic and foreign researchers. Here, in particular, we can recall the work P. Rudyk, A. Yuschyk and joint research experts and World Bank N. Manning and N. Parison and Ukrainian scientists P. Klimushkin and A. Serenok who paid a lot of attention to e-governance as a cornerstone of any factor as modern reforms. Without belittling the achievements of the above scientists should keep in mind that none of them considered reforming the state mechanism in the context of changes in the bureaucracy any other state technology, in particular e-government. Their attention is focused only on the fundamental problems of bureaucracy and e-government. Paper objective. That is why the purpose of this article is the study of e-government as anti-bureaucratic state technology. To achieve this goal should address the following interrelated tasks. First, consider the bureaucracy as leading to present-day technology. Second, analyze the bureaucracy as a "disease" state apparatus in terms of social instability. Third, explore e-government as the official technology that has strong anti-bureaucratic capacity. Paper main body. The article analyzes the correlation of «bureaucracy» and «red tape» categories. In particular, the bureaucracy is seen as an exaggerated feature of bureaucracy that almost negates its advantages. The author justifies the idea that the bureaucracy is inherently incapable of any development organization. E-government is viewed as anti-bureaucracy. Conclusions of the research. As we see in terms of instability bureaucracy loses all its positive potential and acquires the features bureaucracy. Radical is overcome bureaucracy becomes possible only if to change bureaucracy to some anti-bureaucratic state technology, in particular for e-government.
- Research Article
1
- 10.37772/2518-1718-2023-3(43)-6
- Sep 25, 2023
- Law and innovations
Problem setting. The article is focused on determining legal principles of venture investment into startups as innovative product. The relevance of the topic is due to the fact that the main obstacle for the development of startups in Ukraine is the lack of permanent and systematic investments, the development of venture entrepreneurship, scientific research in the area of venture investment. analysis of recent researches and publications. Economists, in particular I. V. Lytvyn and Y. V. Bulak, drew attention to the state of venture capital entrepreneurship under martial law. The problem of venture capital investment was studied in detail by Y. M. Zhornokuy, who determined that the use of venture capital to invest in innovation in Ukraine is underdeveloped. According to B. Derevyanko, Ukrainian venture capital funds do not take into account the peculiarities of the nature of venture capital investment. The origins of the legal support of venture capital investment were identified by D. V. Zadychailo. The implementation of venture relations through investment agreements was the subject of research by O. E. Simson. Purpose of the research is to determine legal principles of venture investment into startups as innovative product. article’s main body. Venture entrepreneurship is activity with a special risk, since it is aimed at making investments into scientific and technical result intelligence. It has been emphasized that venture investment in terms of the martial law acquires a special scientific and practical importance for the post-war recovery of the Ukrainian economy and the development of society. It has been proved that startup’s criteria established by the legislator are close to the criteria for protecting the objects of intellectual property rights, in particular objects of industrial property (inventions, utility models). Therefore, one of the startup’s legal features is its correlation with the corresponding object of intellectual property law, which has received state registration. At the same time, the startup, despite receiving legal protection, is not embodied in a certain production, scientific and practical intelligence is still being conducted in its regard. It has been emphasized that the lack of a sustainable practice of using startups indicates the existence of risk regarding its investment. As a result, a startup can be defined as an object with elements of risk for its further implementation. It has been argued that startups can be considered as innovative product. It has been revealed that a startup’s implementation as an innovative product has certain specific features stipulated by the economic cycles (stages) of its creation and implementation. Each of the identified stages has legal significance, since it can be correlated with the competitive selection of startups to receive investments, in particular due to financial state support. At the same time, both scientific technical and entrepreneurial activities in the field of venture investment take place at each of the stages of a startup’s implementation as an innovative product. The importance of the activities of the Innovation Development Fund (Ukrainian Startup Fund) has been emphasized, which allows startups to receive state investment, since investing into this innovation is significantly risky. Therefore, the state creates appropriate stimulating mechanisms for the creation of the startup market. conclusions and prospects for the development. Summarizing the above, we offer conclusions that startup is a new legal category that needs further scientific studies. Based on the conducted research, we have distinguished the following characteristics of a startup as an object of rights: it is the result of scientific and technical creativity; has state registration as an object of intellectual property rights; has not been implemented into systematic production; has novelty for the relevant market of goods and services; refers to objects with increased risk; has the dual legal nature both of an innovation and a separate investment project. We have offered the division of startups depending on intellectual property institutions: a) startups in the field of copyright (computer software, databases); b) patent and legal startups (inventions, utility models, industrial designs); 3) startups in the field of non-traditional intellectual property objects (new varieties of plants, layout of an integrated microcircuit).
- Research Article
- 10.32342/2709-6408-2021-1-2-3
- Jun 1, 2021
- Bulletin of Alfred Nobel University Series "Law"
The article considers the problem of general awareness of the legally significant properties of military offences (crimes, misdemeanours), their relationship with other types of offences, which is actually an urgent task, especially for the science of military law and the integration of legal science � general theory of law. Based on the analysis of terminological and conceptual aspects of military offences (crimes, misdemeanours), their own typology, legal features and features of the composition, the author of the article proposes their generalized definition as �military torts�. The study of the essence and content of military tort as a phenomenon of modern legal science, as well as ways to prevent, detect and stop it, is a special, special law enforcement tool within the leading institute of military law. Further study of the phenomenon of military tort provides an opportunity to form an independent complex scientific field - military tort. It is proved that the causes and conditions of offences in the Armed Forces of Ukraine involve a complex set of factors, processes and phenomena. At the same time, they are characterized by a number of features due to the specifics of military service and the activities of troops (forces). For example, the activities of personnel, internal order, military life and other military-public relations, which are regulated as much as possible by the rules of military statutes. In addition to military statutes, military-public relations are regulated by other rules of law, for example, the scope of criminal law is much broader � servicemen are responsible for committing both general crimes and military criminal offences. Considering the subject of research, which is a �military tor� as a phenomenon of modern legal science, it should be noted that in the theory of law and in the practice of personnel in the direction of legal support of military formation used phrases such as �military administrative offences�, �criminal offences�. Against the established order of military service (military criminal offences)�, �war crimes�, �military and disciplinary offences in the military sphere�, �criminal order or instruction �, etc. Therefore, there is a problem in determining the meaning of terms, and there are several reasons for this. The first, classic - the definition of the term allows you to outline the subject of research and discussion, the range of related problems. Another is the problem of the spread of offences in the military sphere, i.e. ensuring the national security and defense of Ukraine, due to its specificity is global (phenomenal) and therefore can be most effectively solved only if joint efforts are made at both international and national levels. Ensuring their effective interaction directly depends on a consistent understanding and interpretation of terminology in the direction of the study of lawful behaviour or the causes and conditions of deviant �tort� behaviour of service members. Thus, we see that the epistemological processes of formation of military torts as a phenomenon of scientific and legal category is characterized by a certain inconsistency, ambiguity and fragmentation, generated by situational aspects of necessity. However, we can determine that a military tort is a set of illegal (anti-social) acts (crimes or misdemeanours) provided by the current criminal legislation of capable subjects of military-public relations, encroaching on the foundations of national security, organization of the Armed Forces of Ukraine and public order. Understanding and understanding of the acquired knowledge should be the basis for improving the institution of legal responsibility of servicemen in the military sphere as a fundamental means of protection, mechanism, guarantor, designed to ensure regulatory, protective and protective function of military law, without which the existence and development of modern Ukrainian army is impossible.
- Research Article
2
- 10.1017/s0022046900071475
- Apr 1, 1956
- The Journal of Ecclesiastical History
The journey to Mongolia of Giovanni de Plano Carpini and Benedict the Pole of Vratislavia (Wroclaw, Breslau) in 1245–1247 has been explored by historians. But the significance of their careers in Poland and Ruthenia has not yet been studied and remains a subject for future research. The Minorites, in addition to their chief mission—the peace negotiations with the Grand Khan in Karakorum—had been ordered to start conversations in Cracow (Kraków) and Halicz to bring about the union of Orthodox Ruthenia with Rome. Since he was vicedelegate and companion to friar Giovanni, Benedict's contribution to the achievement of the union seems to have been overlooked or insufficiently appreciated.
- Research Article
- 10.18822/byusu20220433-43
- Dec 14, 2022
- Yugra State University Bulletin
Subject of research: the norms that provide for criminal liability for the public dissemination of knowingly false information about the use of the Armed Forces of the Russian Federation, the exercise of their powers by state authorities of the Russian Federation. Purpose of research: to analyze the legislative structures of the main, qualified and especially qualified offenses under Art. 207.3 of the Criminal Code of the Russian Federation, identify the shortcomings of the regulation of this norm and propose ways to eliminate them. Methods and objects of research: the methodological basis of the study was the systematic method, analysis and synthesis, the formal legal method. Main results of research: on the basis of the study, a criminal-legal characteristic of the offenses under Art. 207.3 of the Criminal Code of the Russian Federation. The failure of the placement of the norm in question in the structure of the Special Part of the Criminal Code of the Russian Federation is noted; its insufficient preventive capacity due to the limited range of information constituting the subject of the crime; some errors in legal technique. Based on the results of the study, a new version of Art. 207.3 of the Criminal Code of the Russian Federation.
- Research Article
- 10.33327/ajee-18-7.3-a000315
- Aug 3, 2024
- Access to Justice in Eastern Europe
Background: In this article, the co-authors contribute to the development of Ukraine's criminal policy on the legal evaluation of collaboration with occupying forces, necessitated by the ongoing Russian Federation occupation of Ukrainian territory. The study, to some extent, continues the scientific discourse that was actualised after the addition of Article 111-1 to the Criminal Code of Ukraine. Its objective is to delineate the generic legal features of collaborationist activity, the responsibility for which was introduced in the Criminal Code of Ukraine in March 2022. By critically analysing the common features of collaboration with the occupier currently reflected in theory and practice, the authors develop a comprehensive vision of collaboration as a phenomenon distinct from high treason and related concepts. Methods: The research methodology employs a blend of general scientific methods of cognition (induction, deduction, analysis, synthesis, abstraction) and historical, linguistic and systemstructural research methods. The strategy focuses on identifying the features of collaboration with occupying forces, selecting the most typical and essential traits that differentiate it from related phenomena. Structurally, the article consists of two parts. The first part explores existing definitions of collaboration in literature and identifies the five most frequently mentioned features. The second part involves a detailed analysis of each feature to determine its suitability for characterising collaboration and distinguishing it from related concepts. At the same time, the features set forth in the current criminal law of Ukraine (lex lata) are compared against the perspective of the ideal model (lex ferenda). Results and conclusions: The phenomenon of collaboration with occupying forces has long been the subject of research by historians, while legal scholars traditionally examine it through the lens of high treason. However, establishing collaborationism as an independent crime in criminal law, along with high treason, requires its conceptualisation. This study demonstrates the impossibility of automatically transposing an array of effective historical research into the legal field. Criminal law requires clarity, unambiguity, and logic. At the same time, de lege lata, Ukrainian criminal law provides for a casuistic and eclectic set of features of collaborationist activity. Therefore, this article analyses each of the features that are commonly used to characterise collaborationism, aiming to improve the normative framework and formulate a clear concept that deserves to exist independently alongside the concept of high treason.
- Research Article
- 10.37772/2518-1718-2021-3(35)-18
- Sep 21, 2021
- Law and innovations
Formulation of the problem. At the present stage of development of land relations in Ukraine, the activity related to the maintenance of the state land cadastre is of great importance and is intended to collect information and inform the participants of land relations about the real value and legal regime of each land plot in Ukraine. Such activity requires effective legal support because maintenance of the state land cadastre requires clear and transparent procedures for entering information into it and receiving information from its registry. Recent research on the topic. Problems of legal regulation of the maintenance of the state land cadastre has not received a wide coverage. Among the most revealing researches it is necessary to emphasize the dissertation of N. Grabovets , in which the subject of research was the legal support of the main types of land cadastral activity, and the scientific study of O. I. Sidorchuk , in which the legal aspects of the order of maintenance of natural resource cadastres were discussed. Legal aspects of maintaining the state land cadastre can be found in scientific works of A. G. Borovitskaya, N. O. Kuchakovskaya and Z. V. Yaremak. Currently, a comprehensive study of the legal regulation of the state land cadastre has not been conducted in the domestic literature. The purpose of this study is to determine the legal specifics of maintaining the state land cadastre. Article’s main body. Scientific research is devoted to determination of legal peculiarities of introduction of the state land cadastre. It was found that the legal regulation of the state land cadastre must be a relationship between landowners and landowners, the state, state entities and the community. The foundation of the legal regulation of the state land cadastre is the Constitution of Ukraine, which states that the laws of Ukraine determine the principles of land use exclusively. However, it should be noted that the main legal act on the maintenance of the state land cadastre is the Law of Ukraine "On the State Land Cadastre". In addition, some provisions concerning the maintenance of the state land cadastre are reflected in the Land Code of Ukraine, the laws of Ukraine "On Land Assessment", "On Land Surveying", "On Topographic and Geodesic and Cartographic Activities" and several bylaws. As a result of the conducted research it was established that the complex interconnected process of maintaining the state land cadastre requires a clear legal support for its organization. Law norms that regulate the organization of the areas of cadastral activities, including those related to the maintenance of the state land cadastre, are contained in different legal acts, which leads to the need for their systematization in a single legal act. Conclusions and prospects for the development. As a result of the conducted research it was established that the complex interrelated process of maintaining the state land cadastre requires a clear legal support for its organization. However, legal norms that regulate the organization of the areas of cadastral activity, including those related to the maintenance of the state land cadastre, are contained in different legal acts, which leads to the need for their systematization in a single legal act.
- Research Article
- 10.52468/2542-1514.2025.9(4).68-77
- Jan 9, 2026
- Law Enforcement Review
The subject of research is the political struggle in its constitutional and legal survey.The purpose of research is to identify the legal nature and formulate the concept of political struggle in constitutional law, as well as to determine its attributes and properties, features of the object, goals, objectives and subjects in accordance with doctrinal provisions and domestic law enforcement practice.The research methods. To gain the results of the research the interdisciplinary approach, formal-legal method, as well as the method of system analysis of legal phenomena and interpretation of legal norms are applied.The main results. The significance of the phenomenon of political struggle in a democratic state to ensure the solution of problems of legalization and legitimation of state power, as well as the principle effect of its replaceability is substantiated. The political struggle occurs inside the state and has a direct impact on it, and so, predetermines the consolidation of constitutional principles and limits of its implementation in the Basic Law of the state. The main constitutional and legal features of the political struggle in the Russian Federation are its open and legal nature, its principles of equality and political pluralism, the special parties involved in political activity, the existence of a special goal and legal means to achieve it. The constitutional and legal limits of the political struggle are presented in article 3 of the Constitution of the Russian Federation. By means of comparison with correlating legal concepts and categories of the conflict, competition, opposition, activity and process, it is determined that the political struggle should be attributed to the legal process in its broad sense according to formal-legal characteristics. A detailed characterization of the stages of the political struggle is given on the basis of the peculiarities of its object, goals, objectives and participants. The formulated theoretical framework is critical for effective law enforcement in the electoral and parliamentary processes.Conclusion. The political struggle in the constitutional law should be defined as an open and legal domestic process, including a system of constitutional and legal relations associated with obtaining and preserving the state (municipal) power, as well as with the exercise of authoritative powers by the legislative (representative) body centered around the principles of equality and political pluralism, also intended to ensure the legalization, legitimation and replaceability of state (municipal) power.
- Research Article
- 10.28995/2658-6541-2024-6-2-140-152
- Jan 1, 2024
- History and Archives
The article describes 16 open letters of the Lübeck City Council, kept in the Russian State Archives of Ancient Documents, and issued to the Hanseatic merchants travelling to Russia, and confirming the Hanseatic origin of the goods transported across the border. The contents of the open letters are analyzed to identify the main features of the Russian-Hanseatic trade after the end of the Livonian War and before the signing of the Trade Peace Agreement of 1603, which established the rules of the Hanseatic-Russian commodity exchange and the list of the German merchants’ privileges in the Russian markets. Much attention is paid directly to the merchants who were given the open letters to determine their connection with the Corporation of Lübeck’s “Novgorod guests” (Nowgorodfahrer), a Lübeck burghers’ large commercial association that occupied an important place in the Russian–Hanseatic trade of the late Middle Ages and the early Modern Times. The subject of research in that respect were manuscript materials from the Archives of the Hanseatic city of Lübeck have become the subject of the research work. Moreover, the 1594 open letters of the Lübeck Magistrate from the Russian State Archives of Ancient Documents are compared with the similar documents of the period under review from the Tallinn City Archives. The original text of one of the open letters is appended to the article, as well as the drawings of the possessory signs of the Hanseatic merchants depicted in the studied handwritten sources.
- Research Article
- 10.32453/2.vi4.305
- May 22, 2020
- Вісник Національної академії Державної прикордонної служби України. Серія: юридичні науки
У науковій статті проведено огляд основних доктринальних джерел як педагогічного профілю, так і правового характеру, що присвячені питанням правового дослідження державної політики у сфері освіти, зважаючи на процес реформування освітньої сфери, прийняття нових законів «Про освіту», «Про вищу освіту», «Про загальну середню освіту», «Про фахову передвищу освіту», реформування початкової, середньої та вищої освіти, запровадження нових методик та підходів до здійснення освітнього процесу. Автор відносить до визначальних проблем методології дослідження державної політики у освітній сфері визначення сутності і змісту предмета правового дослідження, яке планомірно випливає із загального бачення та розуміння науковцями предмета адміністративного права, особливо з погляду генези такого бачення. Автор зазначає, що винятково актуальним для реформування і удосконалення вітчизняної правової науки та національного законодавства є аналіз та використання досвіду державотворення, що сформувався в провідних країнах Європи та світу. Зазначена теза стосується передусім необхідності прийняття закону про адміністративну процедуру, ідея якого піддається різкій критиці з посиланням на звуження у цьому випадку предмета адміністративного права до виключного регулювання публічних адміністрацій. Водночас подібні зауваження є безпідставними і не відповідають дійсності. Також у науковій статті проаналізовано основні тенденції розвитку суспільства в умовах глобалізації, які мають певний вплив на освітню сферу будь-якої країни, та державну політику у сфері освіти. Результати аналізу свідчать про наявність актуальних тенденцій розвитку, характерних світовому рівню освітньої сфери, та їх специфічних національних особливостей в Україні. На основі виявлених тенденцій можна робити висновки про хід економічних процесів у сфері освіти, розглядати перспективи й прогнозувати зміну показників її розвитку. Аналіз досліджень в цій сфері дозволив виявити проблеми, що гальмують подальший розвиток освіти в Україні та знижують ефективність інвестування у цю сферу. Доведено, що вплив сукупності факторів викликає спільний ефект – зменшення потенціалу розвитку вітчизняної сфери освіти.
- Research Article
2
- 10.17660/actahortic.2014.1021.13
- Feb 1, 2014
- Acta Horticulturae
Horticulture in urban areas is a solution to real problems such as food security, unemployment, social integration, environment issues, green space creation and so on. Nevertheless, in spite of its vital functions in developing countries, urban horticulture suffers from a lack of recognition and carries little economic weight. This is explained by its use of scarce resources and the health and environmental risks associated with its practice. This situation is well put in evidence in the specific case of Ouagadougou in Burkina Faso, the city that features as the subject of field research conducted for this article. The study aims at making a forward-looking analysis of the agricultural activity in this city and to supply information for the decision-making support relative to its expansion. The characterization made from field data unveils an activity dominated by truck farming that provisions the urban markets of the city with more than 90% of its intake of fruits and vegetables. Truck farmers are subjected to the scarcity and controversial availability of land and water resources, as well as to the rudimentary character of the equipments used, the poor quality of soils, and the health risks associated with the use of untreated waste water, chemical fertilizers and pesticides. The skills of Ouagadougou’s farmers are not adequate enough to sustain a prosperous agricultural activity. Indeed, most of them had no formal schooling or training and do not have the required knowledge of agro-pedagogical, economic, environmental and sanitary issues. The key challenge facing the development of the agricultural activity in Ouagadougou is land use and access and the insecurity that deters investors from committing resources to the development of the sector. A spatial inventory reveals the existence of 102 agricultural sites distributed on 35 zones. This inventory proves that far from receding or being pushed aside, the agricultural activity does not stop growing in spite of a quasi-ban due to the “fuzzy” legal character that surrounds it and the constraints that characterizes it. The adoption of the SDAGO horizon 2025, a national large-scale document adopted during the Council of Ministers, designates green spaces to be rehabilitated on the municipality’s territory. It is then the ideal springboard to give to this space all its enriching functions and turn urban horticulture in Ouagadougou into a practice that can contribute to the to the real construction of Mougeot’s (2006) agricultural cities or cities of the future.
- Research Article
75
- 10.1215/00182168-82-1-69
- Feb 1, 2002
- Hispanic American Historical Review
In the course of the nineteenth century, communal forms of land ownership almost disappeared from the Mexican countryside. According to the historia patria that is deeply ingrained in the popular imagination of Mexico, this was a fateful development, because during the long rule of Porfirio Diaz the demise of communal land tenure produced widespread landlessness and rural injustice, conditions that acted as catalysts for the Mexican Revolution. For the most part, scholarly interpretations have concurred with this assessment. Yet considering the significance generally attached to this historic transformation in patterns of land tenure, it is remarkable to discover that the process has not until now been analyzed in any detail. Although it is clear that the lands of many pueblos were privatized during the Porfiriato, there is still — one hundred years later — very little concrete understanding of how this happened and what it meant. More than two decades ago, David Brading called attention to the fact that “in general we know remarkably little about changes in land tenure during the Porfiriato.”1 With respect to the disentailment of pueblo lands, his assessment remains true today.
- Research Article
2
- 10.15826/qr.2023.4.842
- Dec 21, 2023
- Quaestio Rossica
The languages of Russian-Swedish negotiations, congresses, and peace treaties of the reign of Peter I have rarely been mentioned in the works covering the history of Russian-Swedish relations or foreign policy, and they have never become the subject of special research. Based on a vast set of sources deposited in the Russian State Archive of Ancient Acts (RGADA), the Archive of Foreign Policy of the Russian Empire (AVPRI), and the Swedish National Archives (Riksarkivet), the article provides an overview of major diplomatic events of the Russian-Swedish relations of 1718–1724, paying close attention to the language of negotiations, peace treaties, ratifications, and correspondence. At the time, when both sides used their national language, the traditional bilingualism of the Russian-Swedish diplomatic documents coexisted with the active use of the German language as a neutral one. More particularly, this was due to the lack of Swedish translators in Russia and the fact that both Russian and Swedish diplomats were of German descent or spoke German. However, the author argues that the use of German was not obvious and had limits, as languages of diplomacy retained their symbolic meaning. Traditionally, the formation of the Petrine diplomatic system is described as a departure from tradition, the inclusion of Russia into the eighteenth-century state system, and its adaptation to the diplomatic customs of European diplomacy. A review of the Russian-Swedish diplomatic language practices shows that each side employed its language, and Swedish diplomats refused outright to communicate with Russian authorities in German. The author assumes that studying early modern European diplomacy requires a micro-perspective and regional focus. This approach could be more productive for understanding the formation and functioning of early modern diplomacy than the traditional framework of Russian integration into the uniform European diplomatic system.
- Research Article
2
- 10.33756/eslaj.v2i3.14598
- Oct 9, 2020
- Estudiante Law Journal
Abstract: The purpose of this study is to find out how the problems that become obstacles in fulfilling the restitution of children as victims of criminal acts of obscenity through the settlement of cases with the principle of restorative justice. The type of research used is Empirical Law research, then the data is analyzed descriptively or provides an overview or explanation of the subject and object of research as the results of the research conducted. The results of this study indicate that the process of resolving cases with the principle of restorative justice by the Gorontalo Police is applied on the basis of the wishes of the victims who have wanted a family settlement with the condition that they want compensation. There is a peace agreement between the two parties, the police issued a letter of termination of the investigation as a result of restorative justice which was recorded in the register book in book B-19 as a case that was terminated through restorative justice. Furthermore, on the fulfillment of restitution for children as victims of criminal acts of obscenity by the Gorontalo Police in collaboration with the Witness and Victim Protection Agency (LPSK). some of the victims asked for their children to be married, sent to school, and other losses. However, there are several things that become obstacles in the process of fulfilling restitution for victims of sexual abuse, which include the desire of the victim, the economic factor of the perpetrator, the communication factor, and the factor of the substance of the legislation. Some of these factors have an impact on the fulfillment of restitution which is hampered and takes time.
- Research Article
- 10.52259/historijskipogledi.2021.4.6.338
- Nov 15, 2021
- Historijski pogledi
The three key conditions for the existence of a state, according to the theory of state and law, are geographical territory, population and organized political power in that area. However, during the twentieth century in some African and Asian countries, due to various political, economic and other factors, problems began to appear in performance of their basic functions: ensuring public order and peace, providing health services, education. Modern science has introduced the term failed states to describe such countries. This scientific phenomenon has been the subject of numerous researches, and international organizations have been publishing annual indices of fragile, failed or unsuccessful world states for years. The first index of its kind was created in 2005 by the American non-profit organization The Fund for Peace in cooperation with the magazine Foreign Policy, which initially included 76 countries. The original term failed state was considered politically extremely incorrect, even when it referred to countries like South Sudan or Somalia, noting that such a term originated in the political terminology of developed countries by which all other countries at a lower level of development were considered to be failed ones. Therefore, in 2014, a new notion of a fragile state was created, and accordingly the existing index was renamed the Fragile State Index (FSI). This parameter determines the degree of fragility for each country on an annual basis, assessing four basic indicators: cohesion (functionality of the state apparatus), economic (overall economic situation), political (legitimacy of the state, availability of public services, respect for human rights and freedoms) and social (demographic structure of the community, number of displaced persons and refugees, external interventions). Based on the values of these indicators, countries are positioned in four groups: sustainable, stable, endangered and alarming. The paper also discusses Bosnia and Herzegovina as a potentially fragile state. Although it enjoys sovereignty and political independence, the 1995 Dayton Peace Agreement still provides for the strong participation of the international community in the performance of its basic state functions. Examples include the presence of international military and police forces from the early post-war years to the present (EUFOR), with a special emphasis on the position of High Representative for Bosnia and Herzegovina. The peace agreement gave him the status of his supreme interpreter, as well as the well-known Bonn powers that he used on several occasions to remove Bosnian political officials and the imposition of laws (Criminal Code of Bosnia and Herzegovina, Law on the Court of Bosnia and Herzegovina, Law on the Prosecutor's Office of Bosnia and Herzegovina) due to the inability of domestic parliamentary bodies to pass them independently. In addition to the extremely complicated constitutional structure, the functioning of Bosnia and Herzegovina is hampered by the inability to reach an agreement between political representatives on key issues in the country. In the first place, these are much-needed changes to the constitution of Bosnia and Herzegovina that would in the future allow members of minorities (Jews and Roma) to elect their own representatives in the Presidency of Bosnia and Herzegovina. In this regard, the European Court of Human Rights (ECtHR) in 2009 in the case of Sejdić-Finci assessed that the impossibility of minority participation in political decision-making is a gross violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Numerous international organizations, primarily Human Rights Watch, have been warning for years about other problems in the country: national segregation of children under two schools under one roof, numerous attacks on Bosniak returnees in Republic of Srpska without adequate sanctions and extreme slowness in war crimes proceedings and the administration of transitional justice with the emergence of increasingly frequent denials of war crimes and victims. Although more than 25 years have passed since the end of the war, the participation of the international factor is still noticeable, and in some cases necessary.
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