Relevant Sources Of Law Research Articles

The Violation of the Law and Religious Freedom in the Context of the Case of the Russian Church in Sofia—A Real Legal, Political and Canonical Issue

For more than a century, in the center of Sofia, the capital of the Republic of Bulgaria, there is and functions the church of St. Nikolai Mirlikiyski the Wonderworker, known as the Russian church. The church was built at the beginning of the 20th century with the idea of being part of the complex of the Russian imperial diplomatic body in Sofia and to serve the Russian diplomats, their families and the Orthodox Russian citizens living permanently or temporarily in the Bulgarian capital. However, after its consecration in 1914, disputes began, both regarding the ownership of the church building and the canonical jurisdiction of the church—of the Metropolitan of Sofia or the Holy Synod of the Russian Orthodox Church in Moscow. This dispute culminated in September 2023, with the expulsion from Bulgaria of several Russian and Belarusian clergies serving in the Russian church on charges of espionage in favor of the Russian Federation. The subsequent closure of the church by the Russian ambassador Mitrofanova led to internal and external political tension and ecclesiological chaos in the country. The Russian side violated the Bulgarian Law on Religions, known as the Confessions Act 2002, and directly infringed the Statute of the Bulgarian Orthodox Church. This article provides expert answers to the public law, property rights and canonical issues concerning the case of the Russian church in Sofia, based on the relevant sources of law (ecclesiastical and civil).

Судові рішення суду касаційної інстанції в адміністративному судочинстві України

The article analyzes the legal nature of court decisions of the Supreme Court as a court of cassation in the administrative proceedings of Ukraine. The concept and role played by court decisions of the court of cassation in administrative proceedings are defined. The types of court decisions of the Supreme Court as a court of cassation in the administrative proceedings of Ukraine are systematized. It is emphasized that the Supreme Court as a court of cassation within the limits set by the Code of Administrative Procedure of Ukraine, adopts rulings and rules. The decision on the cassation appeal is essentially made in the decision, which is final and not subject to further appeal. At the same time, the Code of Administrative Procedure of Ukraine provides for the possibility of adopting an additional resolution. It is emphasized that additional court decisions are made when all procedural issues have not been resolved by a ruling, in particular the issue of court costs. Such an additional decision is made by the court of cassation, which issued the main decision in the case. The content and structure of resolutions and rulings of the court of cassation in the administrative proceedings of Ukraine are studied. It is noted that although the procedural law distinguishes four components of court decisions: introductory, descriptive, motivational and operative parts, the Supreme Court in its rulings proposes a broader structure of court decisions. Many decisions of the Supreme Court reflect the following elements: introduction; the essence of the dispute; the factual circumstances of the case established by the courts; decisions of courts of first and appellate instances and motives for their adoption; cassation appeal; relevant sources of law and acts of their application; the position of the Supreme Court; court costs; operative part. It is emphasized that important in terms of resolving the case in fact play resolutions, which formalize the completion of the case, address the main issues and requirements of the cassation appeal, as well as the response to the cassation appeal. It is noted that the decisions are made on various procedural issues related to the progress of the case, motions and applications of the parties, the issue of adjournment of the case, adjournment, suspension of proceedings, etc. The type of judicial acts of the Supreme Court is singled out as a separate ruling by which the court can respond to violations of the law, in particular for abuse of procedural rights, violation of procedural duties, improper performance of professional duties by lawyers or prosecutors. which may bring the relevant persons to disciplinary responsibility.

Legal Compromise in Aspect Socialization Processes

The process of socialization associated with the development of the social nature of an individual or social group is gaining importance for modern society. The main direction of socialization within sociology is the person as the main element of society. However, given that the socialization of the individual is determined by the nature of society itself, its characteristics and needs, we can say that the process of socialization is inherent not only personal but also other spheres of society. Although we will not deny that the anthropologization of social relations brings to the fore the sociologization of the individual as the main element of social communication. In this regard, the study of the peculiarities of the process of socialization of social interaction, factors, conditions and differences that accompany socialization is becoming increasingly important. Since the process of socialization is associated with a system of information exchange between members of society, the need to reflect and consolidate various social interests, the importance of finding social compromise, it is fair to say that socialization encompasses socio-political communication, in which law plays an important role. The study of the legal aspect of socialization is the theoretical basis for increasing the social role of law, the effectiveness of its regulatory action and ensuring public order. In our opinion, important aspects of socialization of compromise are its characteristics as a means of communication, features of manifestation within social institutions of different levels and substantiation of ways to increase the effectiveness of social functions of legal compromise and means of socialization in law. Compromise at the categorical level can be considered within the three directions of research related to its relationship with the category of conflict. We are talking about organic-structural, conflict-radical and anthropological-communicative directions. The first direction of research reflects society and the forms of its organization as coherently functioning systems. Here the category of "compromise" dominates over the category of "conflict". The second direction of research is characterized by the fact that the category of "compromise" is considered as a special manifestation of the category of "conflict", the latter is dominant in the field of public relations. Regarding the third area of ​​research, the problem of compromise and conflict within this concept is considered at the level of relationships between people, whether macro (state) or micro (group of people). At the same time, compromise and conflict are studied as equivalent interacting categories of public life. A legal compromise has legal consequences, as the result of the agreement of the wills of the parties is the imposition on them of obligations to exercise mutual will. Moreover, the violation of a legal compromise is the basis for the legal liability of the parties. Legal compromise, due to its mediation by legal norms, acquires the attribute of binding and enforced measures. Characteristic of the social action of law is the reflection of its existence at different levels of social interaction, ranging from the individual, social groups, society as a whole. A legal compromise is no exception. Social institutions create an objective reality for a person, that is, it is his social world, in which the appropriate social order is established. At the same time, social institutions are both subjectively and objectively a reality. In view of this, compromise in the behavior of subjects is manifested differently depending on the level of social institution. In simple social institutions (interpersonal, intragroup), the conflict and compromise of the behavior of subjects usually depends on subjective factors that are influenced by objective reality by operating in a single space of other social institutions. In turn, in social institutions of a complex level (intergroup and state, world system) compromise is necessarily "tied" to the order objectively established in such institutions. Thus, compromises always arise between two subjects and are carried out in the corresponding interaction. At the same time, compromises at the state level, in addition to the relationship between its subjects, are necessarily characterized by a constant connection with society through the functioning of legal requirements enshrined in the relevant sources of law.

Układ między Polską Rzeczpospolitą Ludową a Republiką Federalną Niemiec o podstawach normalizacji ich wzajemnych stosunków z 1970 r. – refleksje na tle bońskiej polityki europejskiej i wschodniej

The 50th anniversary of the Treaty between the People's Republic of Poland and the Federal Republic of Germany on the basis of the normalization of their mutual relations provides an opportunity to present a number of reflections, including remarks on the significance of this agreement for Bonn's foreign policy. The aim of the article is to reconstruct the relations and basic dependencies between Bonn's European policy (or, more broadly, the so-called Westbindung) and German eastern policy (Ostpolitik) and the Agreement as its element. The 1970 agreement has undoubtedly become one of the focal points in the process of changing, revising West German foreign policy at the turn of the 1960s and 1970s in its key dimensions. It has not only become a part of Germany's relations with the countries of Central and Eastern Europe. It has also played a certain role and gained certain influence in the sphere of relations between the Bonn Republic and the countries of Western Europe and in the Euro-Atlantic context. Therefore, it seems that the presentation of a set of reflections devoted to this problem, especially in the light of the forthcoming anniversary of the PPR-FRG Agreement, is justified. The considerations below, in the light of the presented assumptions, include an indication of the central directions of West German foreign policy shaped after the end of the Second World War, a reconstruction of relations between Bonn's European policy and its Eastern policy, and an assessment of the Agreement itself and its significance from the perspective of Germany's position in European relations. The analyses were based mainly on (Polish and foreign) achievements of political, historical and legal sciences and relevant sources of law. At the same time, it should be noted that the presented considerations do not aspire to a comprehensive analysis of the signalized problem, but rather constitute a set of reflections devoted to its key mechanisms.

Usages relating to wine: nunc est bibendum

Defined as practices with legal force, usages are the issue of a debate relating to the definition of the most relevant sources of law. This debate is particularly lively in the agro-food sector. The first part of the article examines the presence of many usages in the production, the marketing as well as the consumption of wine. In a more dynamic perspective, the second part shows a marginalization of regional usages and the vitality of the transnational usages. This situation invites to defend, in the third part, regional usages in order to promote legal diversity. This promotion highlights a new protective effect of usages concerning traditional practices restricted by certain “appellations d’origine controlee” or “protégée”.

Striking the Balance between Custom and Justice − Creative Legal Reasoning by International Criminal Courts

Certain customary norms complicate the work of international criminal courts and tribunals (icts). The principle of legality prescribes that no one can be convicted for ‘new’ or ill-defined crimes, and the rules on personal immunity bar icts from prosecuting high-level defendants. In cases involving these issues, icts face the dilemma of weighing fundamental ‘rule of law’ principles against their core objective: to hold leaders accountable for international crimes. Various icts have resorted to what some commentators euphemistically call ‘creative’ application of customary international law but critics label as ‘poor legal reasoning’. By examining examples of such rulings, with particular focus on a recent string of decisions by the International Criminal Court (icc) regarding head of state immunity, this article attempts to identify and assess a modus operandi of icts confronted with the arduous choice between ‘safe-bet’ application of the relevant sources of law and ensuring international criminal justice.

What Defines an International Criminal Court?: A Critical Assessment of ‘the Involvement of the International Community’ as a Deciding Factor

AbstractSince the post-Second World War tribunals, only a few scholars have attempted to draw a definitional distinction between international and national criminal courts. Remarkable exceptions include Robert Woetzel, who in 1962 categorized criminal courts according to ‘the involvement of the international community’, and Sarah Williams, who 50 years later relied on the same factor in her definitions of ‘hybrid’ and ‘internationalized’ criminal tribunals.Through examples of rulings by the Special Court for Sierra Leone and the Extraordinary Chambers in the Courts of Cambodia, this article will demonstrate that ‘the involvement of the international community’ is at best an unhelpful criterion when it comes to resolving questions, e.g. regarding the immunity of state officials and the relevance of domestic law, that require a determination of the legal system in which the court operates.Instead, it is argued that only criminal tribunals deriving their authority from international law should be labelled ‘international’, while the term ‘national criminal court’ should apply to tribunals set up under national law. This terminology would underline that issues concerning jurisdiction and applicable law must be settled according to each court's constituent document and other relevant sources of law, depending on the legal system to which this document belongs.

The Legal Regime of Noise Pollution in Nigeria

Man is born with noise and dies with that, thus noise is part of human life and a natural product of human environment. Noise like smog, is a slow agent of death. Noise may not appear as a threat to global environment on the same level as deforestation, hazardous wastes or emission of poisonous gases into the atmosphere but if it continued the next 30 years as it has for the last 30 years, it could become lethal. Against this background, this paper examines noise as a factor harmful to the environment with focus on Nigeria. The paper looks at noise pollution in Nigeria and the legal regime relating to the problem. The paper examines how environmental law and other relevant sources of law endeavoured to tackle noise pollution in the country.

Merging into a Private University: Law Regulating the Transfer of Academic Employees in Swaziland

In this article the focus is on law that governs the transfer of academic employees in Swaziland. A literature study of relevant law sources brought a lack of higher education law that regulates the transfer of academic employees during a merger to light. It is this problem that the authors aimed to address in this article. The authors, in an attempt to provide a legal framework for the transfer of academic employees, considered general labour law and case law. The transfer of academics during the merger of three colleges into a private university in 2010 was studied as a practical example. The contribution of this article is that it provides information to higher education institutions in Swaziland who are contemplating merging, the legislature and policymakers who have to adopt law and policy exclusively regulating the transfer of employees in the higher education sphere and academic employees who may become transferees during future mergers.

The place and role of the environment in the foreign policy of the Republic of Serbia

The paper points to some methodological and terminological dilemmas in defining the framework of the research as well as the linkage of environmental issues with other relevant issues. Based on the provisions contained in the strategic documents and relevant sources of law there have been analyzed factors that determine the place and the role of the environment in the foreign policy and they are as follows: the state of the environment, the policy objectives of the Republic Serbia (RS) in the environmental field, powers for dealing with environmental issues, powers and way of organizing foreign affairs, perspective of the RS membership in the European Union (EU), global and regional challenges in the environmental field, the place of international co-operation in environmental regulations, membership in international organizations in the environmental field, the status of the RS in international treaties in the environmental field, etc. The second part of the paper emphasizes the possibilities of strengthening the environmental role as a subject of co-operation in achieving certain objectives in the foreign policy of the RS. The author argues the thesis that the place and role of the environment in the foreign policy of the RS are not defined in a clear and precise manner. However, it can be said that the general framework is determined in large part by perspective of the RS membership in the EU and specific regional and global issues in the environmental field.

Special bank resolution and shareholders' rights: balancing competing interests

PurposeAn effective bank resolution regime requires taking action while the bank still has positive net worth and shareholder claims still have economic value. Such actions raise a number of legal issues with respect to the rights of shareholders. This paper aims to consider how to strike a balance between the need to protect the legitimate rights of shareholders and the need for a prompt and rapid action and a failure resolution mechanism that minimizes disruptions to the financial system and preserves market discipline.Design/methodology/approachThe paper examines the nature of the shareholders' rights and the legal protection afforded to them. In the European context, the relevant sources of law are the European Convention on Human Rights and the applicable community legislation. It considers different options for resolution within this framework ranging from a pre‐packaged resolution decided by the shareholders ex ante to the outright divestiture of the shareholders once certain regulatory thresholds are breached while the bank still has positive net worth.FindingsThe curtailment of shareholder rights should seek to generate appropriate incentives for shareholders and other stakeholder and achieve broad objectives of enhancing predictability and maintaining public goods, while at the same time providing for due process, proportionality and adequate compensation.Practical implicationsThe paper presents options on how to reform existing frameworks in order to facilitate bank restructurings in a crisis.Originality/valueThe paper discusses key elements that policy makers need to consider in the design of a regulatory framework for early intervention and resolution.

The Right to Political Participation in International Law

INTRODUCTION Is international law prepared to accept a right to democratic governance? To answer this question one would need to examine the many facets of international law potentially affected by a principle of democratic legitimacy: recognition of States and governments, the accreditation of delegates to international organizations, the use of force, treaty law, etc. But such an inquiry into the consequences of a democratic right would be a rather sterile enterprise if one had not first asked whether the right itself has achieved a firm legal grounding. Does international law in fact speak to the ways in which citizens choose their leaders? Is the right confined to treaty law or is support to be found in State practice as well? Do efforts by international organizations to foster transitions to democracy constitute norm-generating State practice? And is relevant opinio juris confined to regions of the world in which democratic government is already well established? These questions about the sources of a democratic right immediately raise another, more complex question: when inquiring into the normative status of a “right to democratic government,” what, precisely, is one looking for? If “democracy” is understood in consequentialist terms as one or another comprehensive visions of “the good life,” then the relevant sources of law would be potentially infinite. All manner of political, social, economic, environmental, and other rights could potentially contribute to democracy so defined.