Sphere Of Law Research Articles

The Role of the Prosecutor's Office in Crime Counteraction Under the Legislation of Ukraine

The effectiveness of crime counteraction in modern conditions greatly depends on the functioning of the corresponding institutional mechanism, where the prosecutors office has an important part. Using the analysis of international documents and the experience of a number of countries, the author shows that the common international standard for the function of the prosecutors office in the criminal law sphere is to give it a priority role in suppressing crime, and to define this role in a more or less broad way at the national level. The author researches the Ukrainian model of the functions performed by the prosecutors office where this body is mainly involved in criminal proceedings, which makes it possible to identify crime counteraction as the key task of the prosecutors office. The author also examines the progress and the result of the prosecutors office reforms in Ukraine in view of the changes in the functions of this body in the sphere of crime counteraction. The functions of the prosecutors office are analyzed from the standpoint of their importance for suppressing crime based on the research of legislation, analytical and statistical data. The author shows that the key tasks (directions) of crime counteraction (identifying and eliminating the causes and conditions for committing crimes; identifying, suppressing and investigating crimes; prosecution of perpetrators; compensation of damage inflicted by crimes) fully correlate with the functions of the Ukrainian prosecutors office. The function of procedural supervision of the pre-trial investigation allows the prosecutors office to influence the identification, suppression and investigation of crimes; the function of the support of public prosecution in court makes it possible to criminally prosecute persons guilty of crimes; the function of representation allows the prosecutors office to compensate the state for the damage inflicted by crimes. Special attention is paid to the prosecutors coordination of the work of law enforcement bodies on counteracting corruption. Although it has lost its status as a separate function of the prosecutors office under Ukrainian legislation, it still has key importance for the work of different law enforcement bodies aimed at suppressing crimes in their different forms. The author conducts a comparative legal study of the regulation of coordination activities of the prosecutors office in Ukraine and in other countries, as well as the prospects of establishing the European Prosecutors Office; based on this study, the author concludes that the definition of the prosecutors office as the coordination center of the system of criminal justice aimed at counteracting corruption is a widely recognized global trend. The author also presents suggestions on improving the effectiveness of the coordination activities of the prosecutors office and of its other functions aimed at counteracting crimes.

THE CONCEPT OF MODERNIZATION OF CRIMINAL LEGISLATION ON CRIMES IN THE SPHERE OF ECONOMIC ACTIVITY ON THE BASIS OF GENERAL PRINCIPLES OF CRIMINAL LAW

The purpose of this study is to develop a General concept of reforming criminal legislation on responsibilityfor crimes in the sphere of economic activity on the basis of fundamental provisions-the principles of criminallaw and criminal policy. The author proposes criteria for the allocation of certain principles, ideas of thecommon system of basic legal norms which can be applied to processes of criminalization and penalizationof acts that establish differentiated rules and procedures of exemption from criminal responsibility foreconomic crimes, and determine the areas of combating crime, which proposed the principle most popular.The main methods used by the author in the course of the study were the method of comparative research,system-historical, and integrative. As a result of the conducted research, the author comes to the conclusionthat the objectively existing need for a radical reform of the system of responsibility for crimes in the sphereof economic activity can not be realized without a sufficient level of theoretical study, in the theoreticalmodeling of the system of responsibility, of course, must lie fundamental ideas, which can include theprinciples of criminal law in refraction in relation to a specific, uncharacteristic for criminal law sphere ofinfluence.

Legal aspects of the programming budgeting development

An article is devoted to the complex problem of the programming budgeting legislation aspects implementation in Ukraine and in the economically developed countries also. In Ukraine during the last two decades special legal documents were accepted in order to use the program-target method in the budgetary process regulation. Some of these documents are mentioned in this article. Taking into account the necessity of the legislation norms in the field of programming budgeting in Ukraine improvement, an international experience in the respective financial law sphere is important as a source of new ideas for the legislation norms in Ukraine further development and harmonization with legislation norms accepted in the economically developed countries also. That is why in this article programming budgeting international practice achievements and faults are analyzed. An attempt to concentrate attention on the respective problematic questions in the budgetary law sphere is undertaken. The characters of the administrative, centralized, model of the programming budgeting, which occur in the countries with the presidential form of govern, and also the contractive, decentralized, model of the programming budgeting, which occur in the countries with the considerable power of the parliament, are described. Attention is focused on the analysis of the accepted by the Organization for Economic Cooperation and Development programming budgeting classification, what includes the performance-oriented budgeting model, and also the performance budgeting models, namely: the presentational performance budgeting; the performance-informed budgeting; the direct performance budgeting. Comparative analysis of these models implementation shows that in order to reach positive result the financial law special acts were accepted in different countries. Taking into account the necessity of the public finance sphere organization improvement, it is reasonable for this purpose to concentrate attention on the performance-informed budgeting legislation development in Ukraine.

Legal thinking in a post-classical perspective

On there were the leading theorists of the law of the country. In article presented the authors position about problems and perspectives of juridical thinking in post-classic perspective. Juridical thinking is it is a symbolic and informational activities according to the sphere of law, which acts as an internal, mental or mental content of legal practice, accompanying every legal action. Understanding (reflection) of juridical thinking is actual because of cognitive revolution in modern science. Most importantly moments, defining thinking of the postmodern era, characterizing all its levels and types, including legal thinking, are: uncertainty, contextuality, relativity, complementarity. Our knowledge about object is always incomplete, relative and contextual. Law is a complex, multifaceted, stochastic, potentially inexhaustible phenomenon that does not have a single referent to which the entire legal reality could be reduced (reduced). In extensive relations with all social phenomena (and not only social) there are more and more new properties of law. Numerous authorities today form many legal orders and at the same time types of juridical thinking. They set different images of law at the level of customary law and different criteria for assessing formal legislation. One of the differences of post-modern legal thinking (as well as thinking in any other sphere) is also its manipulativeness carried out by the authorities through media communications.

CURRENT PROBLEMS OF CIVIL LAW OF UKRAINE IN OTHER JURISDICTIONS

This article is an attempt at a comprehensive legal analysis of current problems of civil law in the fields of contemporary law of Ukraine. With regard to cross-industry links, legal doctrine is defined as relations of interdependence, conditionality and commonality between different legal sectors, including their individual parts. In particular, the problems of correlation of civil law of Ukraine with other branches of law, such as labor law, business law, administrative law, criminal law, information law, financial law, are considered. Considering the problems of civil law in the context of modern law, the connection between private and public in civil law of Ukraine was highlighted. It has been concluded that scientists have for many years regarded civil law as a basic component of private law, and in some cases even identified it. At the same time, both the branches of private law and the branches of public law are recognized as components of the unified system of law of Ukraine, and, accordingly, they cannot exist completely autonomously from each other. All areas of law interact and interact. It was possible to distinguish the civil law of Ukraine from other basic branches of the system of Ukrainian law, and to draw some conclusions about the recognition of the civil law of Ukraine as a complex branch of law. Civil law terms and concepts used in other areas of law, relevant industry codes or other regulatory issues were also considered. The cross-sectoral links of civil law, which are not only limited to the legislative sphere, but also the cross-sectoral links at the level of enforcement are highlighted. This article stated that in order to achieve a stable and efficient functioning of the legal system, as a component of the domestic legal system, it is possible, subject to fruitful cooperation of the legislator, theorists and practitioners, their main task – to justify and develop a single organic complex of balanced branches of law. That is why special attention should be paid to the interaction of civil law with other branches of Ukrainian law, in particular, to determine the points of their contact, permissible situations and limits of mutual influence. The tendency to expand the sphere of civil law is reflected in the domestic law enforcement practice, which is reflected in the actual extension of civil law structures to public rights, the judicial protection of which affects the rights and obligations of a private nature (in particular, it concerns a tax lien, financial credit, etc.). It is concluded that the system of civil (private) law should be characterized as clear criteria for boundaries of action and separation from related fields (industries). Public law, defined by the codes of the relevant sphere (branch) of law, and take into account the tendencies of development of relevant spheres of public relations by means of norms capable to create inter-sectoral links with public-law norms in the framework of complex legislative acts.

A combined experimental and numerical approach to the assessment of floc settling velocity using fractal geometry.

Sedimentation processes are fundamental to solids/liquid separation in water and wastewater treatment, and therefore a robust understanding of the settlement characteristics of mass fractal aggregates (flocs) formed in the flocculation stage is fundamental to optimized settlement tank design and operation. However, the use of settling as a technique to determine aggregates' traits is limited by current understanding of permeability. In this paper, we combine experimental and numerical approaches to assess settling velocities of fractal aggregates. Using a non-intrusive in situ digital image-based method, three- and two-dimensional fractal dimensions were calculated for kaolin-based flocs. By considering shape and fractal dimension, the porosity, density and settling velocities of the flocs were calculated individually, and settling velocities compared with those of spheres of the same density using Stokes' law. Shape analysis shows that the settling velocities for fractal aggregates may be greater or less than those for perfect spheres. For example, fractal aggregates with floc fractal dimension, Df = 2.61, floc size, df > 320 μm and dp = 7.5 μm settle with lower velocities than those predicted by Stokes' law; whilst, for Df = 2.33, all aggregates of df > 70 μm and dp = 7.5 μm settled below the velocity calculated by Stokes' law for spheres. Conversely, fractal settling velocities were higher than spheres for all the range of sizes, when Df of 2.83 was simulated. The ratio of fractal aggregate to sphere settling velocity (the former being obtained from fractal porosity and density considerations), varied from 0.16 to 4.11 for aggregates in the range of 10 and 1,000 μm, primary particle size of 7.5 μm and a three-dimensional fractal dimension between 2.33 and 2.83. However, the ratio decreases to the range of 0.04-2.92 when primary particle size changes to 1.0 μm for the same fractal dimensions. Using the floc analysis technique developed here, the results demonstrate the difference in settlement behaviour between the approach developed here and the traditional Stokes' law approach using solid spheres. The technique and results demonstrate the improvements in understanding, and hence value to be derived, from an analysis based on fractal, rather than Euclidean, geometry when considering flocculation and subsequent clarification performance.

The Theoretical and Methodological Basis of Criminology of the Future

The goal of this paper is to show how criminology can align its development prospects as a theory of crime prevention and counteraction with the fate of the country, with its near and distant future. In order to achieve this, it is necessary to work out, on the one hand, a correct definition of its object, theoretical and practical methodology and, on the other hand, the subject field of competencies acceptable for the society and the state. The future of criminology lies not only in meeting the challenges of today and tomorrow, but also in implementing new prospective directions for its development, in a better definition and description of some expectations, in predicting the achievement of possibly not final, but at least distant results when working out its theoretical and practical clauses and in developing «Criminology» as a theory of preventing and counteracting crimes, because its scope will be understood to be much wider and deeper than in the classical version still dominant today. It is necessary to increase professional attention as the forms and scale of crimes have changed greatly recently, and they do not in fact fit the traditional criminal law sphere because they develop according to their own logic and, in many aspects, beyond the competencies of contemporary criminology. It is claimed that in the last decades the spheres of influence for criminals have increased because of the political, environmental and banking lawlessness all over the world, including in our country, as it has coalesced with the authorities and occupied everything that it deemed to be interesting and useful and, thus, outlined a new rather wide subject field for criminology. In this connection, it is necessary to develop a criminology of the future. It includes not only the development of the theory of criminology proper, but, primarily, the implementation of the lifestyle principles, of building and providing for a life based on lawful behavior through the development of individual, public and universal, cosmically sanctified, consciousness. This approach to determining the future of criminology is considered by the author to be more adequate and dignified in the existing circumstances than «crawling away» into the essentially criminal «professional doghouse» disguised as a new doctrine of criminology.

Standards Requirements as a Means of Prevention Infringement of Intellectual Property

The publication proposes to consider standardization as a special tool for regulating public relations, which arise in the field of intellectual property, including in the pharmaceutical industry. It is proposed to apply the requirements of standardization as formal rules, which allow denial of rights in this area. It is noted that despite the common nature all intellectual property have very specific process for the creation, purpose and methods of use. Therefore, these issues are regulated by acts with special content, dedicated to the protection of various intellectual property. The functions of special laws are: complex regulation of relations in the field of use of a particular object, including the public law sphere, detailing the property relations regulated by the Civil Code of Ukraine, definition of all important concepts and terms. They also are a convenient way to fill gaps, as practice detects. Intellectual property must be properly organized and formalized in documents (standardized). Standardization is associated with our products, which are mass, where each unit should not differ from the others. The paradox is that standardization plays a significant role in managing the economy to increase the efficiency and productivity of social production and improve product quality. A characteristic feature of standardization is that its scope and application development level have a wide range. There is no sphere of human activity, which was not involved in standardization. With the spread and deepening of knowledge, the development of science and technology, the improvement of production, the scope of work is growing significantly and the scope of application of the principles of standardization is expanding. From the purpose of standardization we can conclude that it is the organizational and technical basis of all activities at both the national and international levels. Strengthening scientific, technical and economic ties draws attention to the standardization of all developed and developing countries, as well as technical, economic, international, regional and national organizations, businesses and individuals. This is the result of objective necessity streamline management processes and economic production processes. In the field of pharmacopoeia ISO-standards are internationally applicable. These are mostly standards for equipment in the pharmaceutical industry. The standards of the World Intellectual Property Organization are aimed at solving the problem of standardization of patent information and documentation. The development of intellectual property relations includes the harmonization (adaptation) of Ukrainian legislation to the international standards for regulation of economic relations, to the legislation of international economic unions, including all those unions which Ukraine participates in or plans to participate (including the European Union). In 1997, Ukraine initiated a system of state standards in the field of industrial property and commissioned standards DSTU 3574-97 (Patent form. The main provisions.Drawing up and design) and DSTU 3575-97 (Patent research.The main provisions and procedures). The author proposes to understand standardization and other means of regulatory influence of the state as those that are able to balance public and private interests, which will allow the development of industries that have mixed regulation, including intellectual property rights. If we consider standardization as a means of regulation is a legal category to achieve a specific result, it is a way to influence the relationship of intellectual property (constraining external factors on the will of the subjects) and the right way (creating formal rules to secure the rights of subjects). This is how the combination of private and public in the field of intellectual property takes place. Keywords: WIPO standards, DSTU, intellectual property relations, private law, public relations.

The worldview of Vasily Nikolaevich Leshkov

The subject of this research is the identification of views of Vasily Nikolaevich Leshkov. The source base consists of the works of V. N. Leshkov, scientific article published in the periodicals, texts of scientific reports. Theoretical framework contains the works on studying the concept of public law of A. A. Vasilyev, A. A. Tesli; works involving police law of K. S. Belsky, N. S. Nizgbik, T. O, Chukaev. The historical-legal science does not pay sufficient attention to the ideas and figure of V. N. Leshkov. The scientific novelty is substantiated by the subject and methods of research. The author attempted to examine the state-legal ideas of V. N. Leshkov, taking into account the questions of interaction between the government and society, as well as the grounds of the theory of public law. The significant contribution made by Leshkov to the sphere of public law and police law is highlighted. The scientific works of Vasily Nikolaevich Leshkov have not previously undergone systemic and complex examination, while the proposed by him theories and concepts remain relevant until today.

Subjective good faith in tax law

The subject of this research is manifestation in tax law of the category of “good faith” in a subjective sense. The author reveals what it exactly means within legal science, as well as examines the aspects that must be considered when applicable to resolution of tax disputes. The article also addresses the key criteria, according to which private and public parties of tax relations can be deemed not in good faith in the subjective sense of this category. The main conclusions of the conducted study consist in the fact that good faith in the subjective sense within law enforcement represents an efficient, but simultaneously poorly researched means of counteracting abuse that emerges in the sphere of tax law. It should be applied not only towards private parties of tax legal relations, but also towards the tax administration. At the same time, this category is practically not researched within the science of tax law, which substantially impacts the efficiency and justification of its implementation by the courts in resolution of tax disputes.

The International Court of Justice and Migration

The ICJ would seem to offer itself as an obvious arbiter in North-South conflicts about migration law. While the lack of consent to the jurisdiction of the ICJ by potential parties might provide some explanation for the scarcity of migration-related judgments, we seem to be left with the image of a potential unfulfilled. The Court is known as a late adopter of innovations in the sphere of international law, and it treads carefully on its path to judgment. Why do states not resort to it more often on issues related to migration law? This is the question driving the present chapter. In pursuit of an answer, I shall proceed in three overall steps. Following the Introduction, in Section 2, I will establish an overview of the few existing cases with a migration law dimension. In Section 3, I shall test two hypotheses explaining the scarcity of cases. Finally, Section 4 will briefly conclude on this chapter.

Privredna društva i privredno sudstvo

The company law rules governing commercial companies, being a special sphere of substantive law, are not and cannot by themselves constitute a closed regulatory system. Practical legal life of numerous substantive institutes of company law is possible only within the complete legal surrounding and in delicate cooperation between substantive and procedural regulation. At this moment, the Serbian legal scene is characterized by an evident gap between legislative aspiration which covers the sphere of substantive provisions governing commercial companies (Law on commercial companies) aimed at following the trends of the company law regulation in the leading European countries and harmonised regulation within this sphere on the level of EU and regulation which covers the procedure of enforcement of those institutes in practice, both contentious and extra contentious, both judicial and arbitration. Of course, this does not mean that regulation of substantive law institutes, especially the institutes which have their procedural side, is always fully acceptable and exemplary in all their aspects. In this article the author critically discusses, before all, shortcomings of Serbian companies' regulation which governs substantive law institutes having corresponding procedural aspects: arbitrability of internal company disputes (companies' members - members, members - board of directors, companies' members - company) and special companies' actions that are recognized and regulated by law (arbitrability of derivative action, arbitrability of individual action, arbitrability of class action); shortcomings of existing substantive legal regime of derivative action, which are the main reason of the scarce presence of this type of action in judicial practice; shortcomings of existing legal regime of individual action (especially on the level of covering the zone of reflective losses), as well as the shortcomings of legal regime of the class action as a kind of collective action (especially of its legal effect on non-participants in the procedure before courts or arbitration) and, finally, representative actions. The author draws the conclusion that it is necessary to review the substantive regulation in order to remove any possible ground for interpretation that internal companies' disputes are not arbitrable (capable of being resolved by arbitration under the arbitration agreement). In the same vein, the author submits that it is necessary to thoroughly modify the existing procedural regulation, in order to make procedural aspects of company lawsuits more straightforward and indisputable (litispendancy objection and res iudicata objection - the need to establish only the objective identity of the subject-matter of the disputes, procedural costs related to derivative actions, legal effect of class action on non-participants in litigation or arbitration procedure, practical aspects of representative legal actions and so on). Finally, the author proposes the introduction of the possibility for alternative competence of public notaries for numerous extra-contentious procedures which can now be brought only before commercial courts. As an argument in favour of this proposal, the author puts forward that, at present, public notaries are competent to perform various non-contentions procedures (this could partly compensate for their almost complete non-justifiable exclusion from the sphere of company law, which is the current approach taken by the Serbian public notary law).

Праксеологія права як складова філософської праксеології (загальні аспекти)

The purpose of the article is to attract the attention of modern scientists in the sphere of philosophy of law to the works of the Ukrainian Philosophical School of the 1960s in the sphere of general philosophy and philosophical praxeology, as well as to show that a number of positions of the praxeology of law are the components of the relevant positions of philosophical praxeology and that the dialectical relations of legal praxeology with legal gnoseology, axiology, anthropology and ontology are caused by the dialectical relations of philosophical praxeology with philosophical gnoseology, axiology, anthropology and ontology. Methodology. Research methods are predetermined by nature of the research. The article uses primarily dialectical and system-structural methods, methods of logic. The scientific novelty of the article is to attract the attention of modern specialists in the philosophy of law to the achievements of the Ukrainian philosophical school of the 1960s, since they can and should be extended to the general philosophy of law and to legal praxeology in particular. Organic interrelations of legal praxeology with other major sections of the philosophy of law due to the presence of organic interrelations of philosophical praxeology with other major sections of general philosophy. Conclusions. Legal activity expresses the essence of man as a legal being, the substance of his being. The legal person is absolutely the primary form of human identity in the sphere of law. In the process of legal activity, society develops and the legal person itself improves. Legal activity as the essence of the legal person is the process of its deployment and objectification in the legal culture. Specialists in the philosophy of law need to study more deeply the heritage of Ukrainian philosophers of the sixties, as well as the dialectics of legal praxeology, gnoseology, axiology, anthropology and ontology. Keywords: praxeology of law; philosophical praxeology; philosophy of law; legal activity; purpose; subject; object; means; result; dialectics.

ЛЕКСИЧНЕ ЗНАЧЕННЯ СЛОВА ЯК НЕСЕМІОТИЧНА КАТЕГОРІЯ

У статті представлені загальні властивості моделі лексичного значення слова як несеміотичної категорії. У лінгвістиці склалися два основні підходи до визначення лексичного значення: відбивний і релятивний. Прибічники першого підходу визначають лексичне значення слова як відображення у свідомості людини істотних ознак певного класу явищ дійсності. Прихильники релятивного підходу (С. Ульман, Л. Вітгенштейн, Ч. Морріс і ін.) розглядали лексичне значення як зв'язки, переходи, відносини. Вчені, які представляли обидва підходи, засновували свої теорії на семіотичних уявленнях про сутність мови. Антропоцентричні принципи вивчення мовних явищ мають на увазі вихід у суміжні сфери знань про людину, в т.ч. і в галузь філософії. М.М. Правдін справедливо вважав, що з позицій діалектичного матеріалізму відношення між дійсністю, мисленням і мовою не зводяться до стосунків знакової репрезентації, оскільки кожен з цих трьох світів є діалектичною єдністю конкретного і абстрактного. Абстрактна сторона дійсності – сфера законів, зв’язків, стосунків між явищами не піддається безпосередньому відображенню в мисленні у вигляді зв'язків між образами відповідних явищ, тобто суть і поняття не пов'язані стосунками знаку і означаемого. Зв’язки між іменами в мовній системі не є знаком стосунків між “предметними” образами. Це дозволяє дійти висновку про те, що стосунки між “предметними” образами і стосунки між іменами усередині мови – дві різні, але тісно пов’язані в комунікативному акті системи. У розвиток цієї теорії лексичне значення визначається в статті як система неграматичних правил оперування словом усередині мовної системи. Таке визначення дозволяє інакше розглядати системну організацію лексики в мові.

Universality, spectrality, proximity: The cinematic faces of Europe's other

Abstract For a number of scholars, the crisis of European identity is a result of the asymmetry between Europe's universal normative claims and its particular ethnic, cultural and racial contexts. This asymmetry is epitomized by the EU's failure to ratify its legally binding constitution. For others, the same asymmetry constitutes the very condition of being a European. Those envision Europeanness beyond its regulative idea as the ethical injunction of a promise to 'the other'. This article probes the validity of each of these arguments by juxtaposing two groups of films. Gianfraco Rosi's Fire at Sea (2016) and Ai Weiwei's Human Flow (2017) remain committed to the idea of human rights as a universal norm, an idea whose most prominent advocate is Jürgen Habermas. As an alternative to this view, Guido Hendrikx's Stranger in Paradise (2016) and Christian Petzold's Transit (2018) are taken to demonstrate what Jacques Derrida describes as 'hospitality' and 'spectrality'. Based on this analysis, the paper finds both models inadequate to hold together the irreconcilable modalities of the political and the ethical. To address this deficiency, it revisits Levinas' account of 'justice beyond the face' to propose an extension of the ethical view of Europeanness into the spheres of international law and public institutions.

FEATURES OF JUDICIAL CASES INVOLVING WOMEN IN THE FATIMID CALIPHATE IN THE 10TH–12TH CENTURIES (historical and legal analysis)

The article deals with the rights of women in the Fatimid Caliphate (10th to 12th centuries) by analysing the judicial practice of the time, the decisions of the Sharia and Mazalim courts. The author focuses on the legal status of women in the sphere of marriage, family and criminal law in the Ismaili tradition. Historical-legal and comparative-legal methods are used in the analysis of sources. The study begins with a short digression into the history of the Fatimid Caliphate. The features of the judicial system, the role of the cadi and its competence are described. There are a number of court cases, one of the parties to which was a woman. Based on the analysis, the author makes a conclusion about the specifi city of the Fatimid approach to marriage, in comparison with the Sunni and Imamite legal schools. The special role of guardians at the conclusion of the marriage contract and restriction of freedom of its termination is noted. Attention is drawn to the fact of extremely negative attitude to marriage between Muslim women and representatives of other religious movements, as well as to such an institution of family law as temporary marriage, legalised in the Imamite school of law. The fi nal part deals with criminal cases in which a woman is both the victim and the accused. Based on these precedents, it is a non-trivial conclusion that the judges of the Fatimid Caliphate did not always rely on Sharia norms when making decisions against women, which is completely atypical for Muslim traditions in general. At the same time, any crimes against this group of the population were punished rather severely. Particular attention is drawn to the state’s approach to women plaintiffs, depending on the degree of their personal participation in the judicial process.

Krivično delo prinudnog zaključenja braka u pravu Srbije - između pravne tradicije i novih pravnih izazova

The right to freely decide on the conclusion or dissolution of marriage traditionally falls into the corpus of human and civil rights which are guaranteed both at the international and the national level. In Serbian legislation, the implications of being deprived of this right, particularly as a result of coercion or duress, are two-fold: in the sphere of civil law, it is one of the legal grounds for voidability of marriage (Art. 38 of the Family Act) while, in the field of criminal law, it is qualified as a special criminal offence of forced marriage (Art. 187a of the Criminal Code). The initial text of the Criminal Code did not contain the incrimination of forced marriage, it was introduced by novelties in 2016, during the process of harmonising domestic legislation with the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention), which was signed and ratified by the Republic of Serbia. Thus, Serbia assumed an obligation to adjust and enhance its system for the protection of victims of violence. The author in this paper seeks to examine the criminal protection from forced marriage in its historical vertical, analyzing earlier criminal-law responses to this phenomenon, critically considering the capacities of positive law, but also dealing with possible directions for its further development.

Privatised Autonomy for the Noongar People of Australia – a sui generis Model for Indigenous Non-territorial Self-government

The Noongar people of the federal state of Western Australia have recently entered into what can be described as the most comprehensive settlement of a native title claim that spans an area of 200 000 square kilometres. The Settlement lays the foundation of a sui generis model for indigenous and minority self-determination in Australia and beyond. The Settlement sits between the spheres of public law and private law and provides for a form of non-territorial autonomy that is unique not only to Australia. The Noongar people are acknowledged as the traditional owners of the entire area, albeit that major other towns and cities are located in the area and the Noongar people only constitute very small minority. Whereas the topic of non-territorial self-government has been mainly explored in theory and in practice in the European domain, the Noongar Settlement shows how the principles that embody non-territorial autonomy may find root in other parts of the world. The potential relevance of the Noongar Settlement for non-territorial self-government of Aboriginal people or other minorities lies in four essential elements: firstly, creating for the Noongar people legal Corporations by statute for purposes of their self-government; secondly, decentralising powers and functions to the Corporations to enable them to perform the functions of a community government to its members; thirdly, to enable the elected Corporations to develop policies, make decisions and deliver pubic services on a personal rather than a geographical basis to the members of the community; and fourthly, to allow the Corporations to cooperate with and engage other levels of government within the system of intergovernmental relations in Australia. The Noongar Corporations, in effect, have the hallmarks of a fourth level government and represent a potential sui generis model for indigenous and minority non-territorial self-government.

An approach to the implementation of international legal instruments in the area of control over administration

In all states governed by the rule of law the administration is subject to the law and supervision by the courts on the same basis as any individual/citizen, in accordance with the principle of the supremacy of the law. The author only represents the most important instruments in the field of international law concerning control over administration, which supervise the implementation of human rights in the country that has ratified the respective instruments. Therefore, the ratification and incorporation of international normative legal instruments in the form of conventions, such as the European Convention on Human Rights within the national legal order, impose the obligation for a certain state to respect or protect the rights guaranteed by the respective Convention, as well as the case-law of the European Court of Human Rights that governs the interpretation and proper application of the Convention, the relevant European Court of Human Rights case-law setting standards for assessing the efficiency and effectiveness of public administration. Hence, this case law should act as a guideline for improving legal regulations and, under certain circumstances, avoiding the initiation of an administrative dispute before competent national courts, if objectively possible. However, due to certain reasons which will be elaborated upon in this paper, some deviations can occur and, for that matter, judicial review means review by courts of administrative action with a view to ensuring their legality as well as providing the protection and realization of the rights and legal interests of citizens in the sphere of administrative law.

Czech Medieval Codifications: The Code of Vladislav (1500)

Legal culture in the Czech lands was based on customary law. The nobility did not trust codification efforts of the Bohemian kings Přemysl Ottokar II and Wenceslaus II. Wenceslaus' codification efforts were finally executed only in the sphere of special laws. Charles IV, King of Bohemia and Roman Emperor, tried to publish the Maiestas Carolina code in 1355. The last law code was written under King Vladislav II Jagiellon in 1500 (“Vladislavské zřízení zemské” / “The Code of Vladislav”). The essay follows the article “Czech Codifications in the High Middle Ages” published in 2014 and closely introduces the Vladislav Code.