Suchergebnisse

Foreword by the Editors -- General Introduction -- 1. Status of Religious Communities -- 2. Relations between the State and Islam -- 3. State Support for Islamic Religious Communities -- 4. The Islamic Community of the Czech Republic -- 5. Muslims and the Law on Issues of Social Integration -- 6. Mosques and Prayer Houses -- 7. Burial and Cemeteries -- 8. Education and Schools -- 9. Further and Higher (Tertiary) Education -- 10. Islamic Chaplaincy in Public Institutions -- 11. Employment and Social Law -- 12. Islamic Slaughter and Food Regulation -- 13. Islamic Goods and Services -- 14. Islamic Dress -- 15. Criminal Law -- 16. Family Law -- Bibliography -- Index.

This article analyzes the history, development, & continuity of the sociology of law within the context of Czech social & legal science since 1989. The sociology of law is depicted as a branch of both social & legal science that has suffered greatly from different political discontinuities & ideological repression during the communist era. After the 1989 political changes, the weak tradition of the Czech sociology of law had to be reconstituted. This development is mainly typical of the law faculties of different Czech universities, while academics trained in general sociology & social theory rather continue to ignore the importance & social functions of the legal system in the process of the postcommunist transformation of Czech society.

Considering that in the spectrum of juvenile criminal sanctions punishment of deprivation of liberty is the most severe criminal sanction, international documents related to juveniles in conflict with the law proclaim standards that this sanction has to be imposed only as a measure of last resort and for the shortest period. Issues like possible duration of subject sanction and scope of its imposition, represents some of the basic features of the legal and judicial policy of sanctioning of juveniles, and represent the subject of this paper. The author analyzes how these issues are regulated in Bosnia and Herzegovina"s and comparative law, and how aforementioned standards are applied in practice. Applying the comparative analysis it was determined that there are certain indicators that Bosnia and Herzegovina is one of the countries that has in its heritage "humane" sanctioning policy of juvenile offenderes, and that the aforementioned international standards are consistently accepted in domestic law as well as in the jurisprudence. ; Imajući u vidu da u spektru maloljetničkih krivičnih sankcija kazna lišenja slobode predstavlja najstrožiju krivičnu sankciju, međunarodni dokumenti iz oblasti postupanja sa maloljetnicima u sukobu sa zakonom proklamiraju standard da se ona ima izricati samo kao krajnje sredstvo (ultima ratio) i u što kraćem trajanju. Upravo pitanja mogućeg trajanja predmetne sankcije, te obima njenog izricanja predstavljaju neka od osnovnih obilježja zakonske i sudske politike sankcioniranja maloljetnika, te čine predmet istraživanja ovog rada. Autor je analizirao kako su ova pitanja uređena u bosanskohercegovačkom i uporednom pravu, te kako su spomenuti standardi oživotvoreni u praksi. Primjenom komparativnopravne analize utvrđeno je kako postoje određeni pokazatelji da Bosna i Hercegovina spada u red zemalja koje baštine "humanu" politiku sankcioniranja maloljetnih učinitelja krivičnih djela, te da su spomenuti međunarodni standardi dosljedno prihvaćeni kako u pravu, tako i u sudskoj praksi ove zemlje.

Poduzimanje pravne reforme postaje nužno onda kada pravni sistem ne odgovara na potrebe društva u promijenjenim društvenim okolnostima. Reformu pravnog sistema moguće je provesti na temelju postojećih izvora, unutar pravnog sistema koji se želi reformirati ili putem pozajmljivanja pravnih instituta iz naprednijih pravnih sistema, koji su od ranije poznati. Oživljavanjem funkcije države u Evropi od XI stoljeća sve više vladara poseže za reformom pravnog sistema kao odgovorom na narastajuće probleme s kojima se društvo suočava. Ova reforma započeta je na Siciliji 1140. godine, donošenjem Assize iz Ariana, a nastavljena je u Engleskoj donošenjem više assiza od strane kralja Henryja II. U pokušaju da ukažemo na mogući utjecaj koji se odvijao putem preuzimanja gotovih rješenja iz jedne pravne tradicije u drugu, koristili smo se historijskom i uporednom metodom. Pojedini pravni instituti u okviru ove reforme ukazuju na to da se radilo o pravnim transplantima koje anglosaksonska i normanska pravna tradicija nisu poznavale. Rješenja koja su usvojena ukazuju na sličnosti sa šerijatskom pravnom tradicijom a njihovo prenošenje u engleski pravni sistem moglo je doći posredstvom ljudi koji su bili u službi normanskih vladara na Siciliji (Rogera II) a koji su kasnije ušli u službu engleskog kralja Henryja II. ; Undertaking legislative reform becomes necessary when the legal system does not respond to the needs of society in changed social circumstances. The reform can be carried out on the basis of existing sources, within the legal system to be reformed, or by borrowing institutions from more advanced systems, which are already known. After the 11th century, following the revival of the function of the state in Europe, more and more rulers resorted to the reform of the legal system, as a response to the growing problems that society was facing. This reform began in Sicily in 1140, with the enactment of Assizes from Ariano and continued in England with the enactment of The Assize of Clarendon? (1166) by King Henry II. In an attempt to point out the possible influence that took place by taking ready-made solutions from one legal tradition to another, the historical and comparative method is used. Some legal institutions that were part of this reform indicate that these were transplants that the Anglo-Saxon and Norman traditions did not know. The solutions adopted point to similarities with the Sharia legal tradition, and their transposition into the English legal system could have come through people who were in the service of the Norman rulers in Sicily (Roger II) and who later entered the service of King Henry II.

This paper aims at defining the concept of "geopolitical space of the geopolitics of the Sea" and it analyses the way it is constructed. Given that the notion of geopolitical space in the general sense has been largely neglected in contemporary geopolitical theory, this is not a simple task. The paper deals with a physical space of the World Sea and utilizes the theory of modern human geography in which space is understood as a product of human activity. We argue that there is a significant connection between geopolitics of the Sea and the academic discipline of the International Law of the Sea. This link is taken as the basis for the discussion regarding geopolitical space, which encompasses three teleological elements: the fulfillment of the paper's main objective; the argument regarding the connection of Geopolitics of the Sea with the International Law; and, finally, presenting the political science context of the codification of the modern International Law of the Sea. By using earlier studies, the paper analyses the geopolitical space through ideas of construction within dichotomy, as well as through the process of establishing a community within the international framework. The paper also offers our own theory according to which the geopolitical space is the space of manifestation of geopolitical phenomena. ; Temeljni je cilj rada prikazati na koji način nastaje i šta zapravo jeste "geopolitički prostor geopolitike mora". Argumentacija nije bila jednostavna jer je geopolitički prostor kao pojam u općem smislu zanemaren u recentnoj geopolitičkoj teoriji. U diskusiji smo se bavili fizičkim prostorom Svjetskog mora te koristili teorijom suvremene humanističke geografije u kojoj je prostor proizvod društvene djelatnosti. Iznijeli smo stav da je geopolitika mora posebno disciplinarno povezana s međunarodnim pravom mora. To smo, dalje, iskoristili kao poligon za raspravu o geopolitičkom prostoru, i to s tri teleološka elementa: ispunjenje osnovnog cilja rada; argumentacija veze s pravom; te prikaz politološkog konteksta procesa kodifikacije suvremenog međunarodnog prava mora. Geopolitički prostor smo ispitali kroz postojeće ideje konstrukcije unutar dihotomije, te pri uspostavi zajednice u međunarodnom okviru. Ponudili smo i vlastitu teoriju po kojoj je geopolitički prostor prostor manifestacije geopolitičkih fenomena.

The post discusses some issues with proving intelectuall and mental maturity of juveniles. In the introduction author briefl y deals with reasons of the adoption of The Juvenile Justice Act and corresponding relative adoption of criminal responsibility of juveniles. Distinctive theoretical attitudes are not omitted with this conception of criminal responsibility. Also the adolescence process is analysed in the brief including factors directly infl uencing this process. Another chapter is dedicated to the examination of the mental state of the juveniles and determination of the degree of their mental maturity by expert's investigation. In this context some factual problems and drawbacks common to the criminal proceeding are pointed out. These issues are demonstrated in the examples from practice. The next part is about proving bio-psycho-social level of the juvenile. The standard procedure of the law enforcement authorities for proving intelectuall and mental maturity of juveniles is described, including possible drawbacks and the opinion of the courts regarding this topic. At the end author summarizes outputs of the individual chapters, including consideration of possible change de lege ferenda.

Being a part of the social world, international law is not closed nor isolated system -- on the contrary, it is in an intimate interaction with international relations & politics. Richard Falk, Professor of International Law, taught for example at the Princeton University & presently at the University of California, Santa Barbara. He is interested in the connections between IL & IR & is a prolific writer on this topic. Two of his last books, The costs of War -- International Law, the UN & World Order After Iraq (2008) & Achieving Human Rights (2009) are reviewed in this essay in highly critical manner. In the essay, Falk's normative inquiry into the legal & political developments is contrasted with the latest discussions in both the International Law & International Relations. In the review essay, Falk is criticized for his unconvincing criticism of the US foreign policy, for his intellectual shortcuts & excessive idealism. However, very interesting & significant parts of both books are emphasized & Falk's books are considered to be worth reading. His insight into the international legal problems & into the developments of human rights is outstanding. Adapted from the source document.

The aim of the contribution is to examine and analyse prosecutor's notice by which prosecutor performs supervision of compliance with the law and generally binding legal regulations by public administration. The contribution's aim is not just a description of current legal state but in addition of that the authors try to make reference to problem issues of the legislation de lege lata as well as several unclear theoretical and application questions whose analysis and answering is part of the content of this contribution. In connection with processed issues the authors off er certain recommendations and propositions which could pro futuro fi nd its application not only in the legal regulation of the prosecutor's notice, but also in the case of supervision of compliance with the legitimacy in public administration.

This article presents a review of the currently debated options for regulations of activities of private military companies (PMCs). This topic is a matter of pondering in the foreign literature. It primarily reflects on the massive use of PMCs in Iraq and Afghanistan, which, however, merely illustrates the broader shortcomings resulting from the prolonged absence of clearly defined and enforceable mechanisms for the monitoring and control of the accountability, transparency and effectiveness of PMCs' activities. The goal of this article is therefore not only to present the practical, legal, economic, and political pros and cons of the possible regulation frameworks, but also to illustrate why it is still so difficult to reach a consensus on a regulation framework that would be acceptable to all the relevant actors. Adapted from the source document.

On 2 January 2020, the Government of the Czech Republic submitted a bill to the Chamber of Deputies amending the Labor Code. The bill was sent to deputies as press 689/0 on 2 January 2020. The proposed amendment to the Labor Code was compiled by the Ministry of Labor and Social Aff airs of the Czech Republic, among other objectives, with the aim of achieving compliance with national legislation with EU regulations and case law. The proposed amendment to the Labor Code should explicitly regulate the conditions for the transfer of the employer's activities, and further specify the conditions for giving notice by an employee pursuant to Section 51a of the Labor Code when transferring rights and obligations from employment relationships. It is precisely in the issue of conditions for the transfer of the employer's activities that the current legal regulation has been repeatedly criticized due to insuffi cient use of EU legislation for the national legal regulation of the transfer of rights and obligations from labor relations.

The study focuses on spatial analysis of the general election results in Lower Silesia, Lodz and Lesser Poland voivodeships in a period between 2001 and 2015. Primary subjects of the analysis are political parties Law and Justice, Civic Platform, Polish People´s Party and Democratic Left Alliance, but particularly works also with the results of another parties (Self-Defence, League of Polish families, Modern). Standard electoral geography methodological methods, such as cartographic display of election results, correlation analysis and concentration of the election results measurement have been used on the local level and along with Polish and Czech literature review are included in the study. Main goal of the study was to find out if there are structural differences in terms of electoral support for the parties on both regional and voivodeship level. The analysis proved deeper context of the election results in the eastern regions along with a changing spatial structure of the Law and Justice support in the first decade of the 21st century and related deepening differences between voter bases of the Law and Justice and the Civic Platform- strongest parties in Poland. Findings of the analysis might be useful for upcoming research of the analysis of the electoral support in terms of regional differences.

New President of Romania Traian Băsescu is strong-willed to fight corruption which is a potential threat of national security. Fighting corruption, Băsescu and new government must smash through the shield of interposed persons. Such persons are covering "white collars" that are top-ranking businessmen or privatizers close to political parties. That is why new government and new President want to modify existing penal code and to widen criminal liability of involved persons and organized groups. Today's politically motley Parliament wouldn't be able to adopt such legal measures. In this case, President Băsescu, enjoying wide currency and making use of his accumulated electoral capital, will manifestly be leading the country to anticipated elections. By such a step he would provide current main coalition political parties (PD and PNL) with a comfortable majority in Parliament and with an appropriate milieu for adopting new penal code.