Suchergebnisse

The picture of recent legal developments concerning defamation in Albania is mixed. On the one hand, several criminal defamation and insult statuteshave been abolishedsince 2012, following strong lobbying of human rights organizations. On the other, the application of criminal defamation laws has not stopped, while government officials and other high profile persons have discovered the power of civil defamation claims. Faced with intense criticism, the government has tried to re-introduce the abolished criminal defamation laws and has faced the same strong opposition and international outcry. In the meantime, defamation claims or threats thereof are routinely being used against the media or against the political opponent for the only purposes of creating tension and diffusing the attention of the public. The vagueness of the laws and the inconsistencies of judicial interpretation, helped in no little measure by judicial corruption and the political control of the judiciary, have widened the gap between constitutional and international guarantees of the freedom of speech and the actual enforcement of those guarantees. This article will briefly expose the history of defamation laws in Albania, the difficulties of their application, and the status of affairs concerning defamation laws and claims.

In its very existence the human society, and people with one another develop relations between them. This is also supported by the laws of physics that say that the bodies in nature always interacted with each other. As it is already universally accepted that for their nature but not only people are free to decide on their own and to choose what seems right and good for them. But on the other hand this leeway is limited not only by the principles of justice and the interests of other persons but also these necessarily lawful, possible and moral. Legal action by its nature entered in the category of legitimate actions of people. Given the importance that legal actions have civil in relations, our legislation has given importance in its treatment concerning the meaning, form, validity and invalidity of legal actions, condition and term of juridical actions. In a narrow sense of the notion legal actions will be understood as legitimate manifestation of the will of the individual, physical and legal persons, that aim to create, change and/or erase civil rights and obligations that the parties undertake. While in the wide sense of the notion we will understand the legal actions not only as legitimate show of will and as a goal set by the parties but interpretations must also be seen, parties behavior, care, trust shown by them and the effects arising during the implementation of the contract or the effective period during which legal action may be ineffective for purposes of a condition, time, etc. By many modern legislation but also by our current legislation Civil Code of the 1994, legal action is defined in its narrow notion. DOI:10.5901/ajis.2017.v6n1p53

Dismemberment of the communist system in Albania as the ideological aspect as well as in the economic, and the transfer of land in the difficult period of transition to a market economy and the consolidation of democracy was accompanied by the birth and development of a series of economic and social phenomena, which related to the demographic movement of people from rural to urban areas.Similarly, the construction sector experienced rapid development, but fast paced growth could not be controlled by the legal framework inherited from the communist regime.Effective legislation proved to be insufficient to be applied quickly and effectivelyto control this important sector that was excessively complicated by bringing heavy distortion due to urban development of cities.The phenomenon of informality in construction today affects the whole territory of the Republic of Albania and focuses mainly in suburban areas. Immovable property represents in the Republic of Albania today a special interest in relation to social economic and political developments that our country is going through.The right of ownership is accepted by society and the system in which we live because of fundamental importance, acceptance of private property is not done verbally, but it is sanctioned in the most important document of the state, in the Constitution of the Republic of Albania.To put in writing indicates willingness to respect this right, to guarantee the safety and protection.In order to exercise the right of private property in practice, the individual must own a private property recognized as such.Immovable property represents in the Republic of Albania a special interest in relation to social economic and political developments that our country is going through. The right of ownership is accepted by society and the system in which we live.Due to the fundamental importance of the acceptance of private property is not done verbally, but is written in the most important document of the state, in the Constitution. To put in writing indicates willingness to respect this right, to guarantee the safety and protection.In order to exercise the right of private property in practice, the individual must own a private property recognized as such.Our previous system considered all property as common property ie anyone's or everyone's.If private property is not recognized by the Constitution and is not reflected in other laws, its absence allows and encourages theft, misuse of property and creates obstacles for the development of the country. DOI:10.5901/ajis.2016.v5n3s1p327

Items in Albanian civil legislation and in romanistic family optics of law is in itself a historical overview of the basic legal Albanian current legislation.The topic itself aims to identify the current Albanian legislation, with the object of his study the legal position toward items, to highlight its evolution within the same kind and in that compared with the standards of modern European legislations of the same family, so romanistic family.We have chosen the legal position of the test items as laboratory test tubes of Albanian and foreign legislation, focusing mainly on several types of areas as: a) in the classification of items an:b) n their legal regime. As stated cursory above, is seen lying in two plans, that of evolution within the same kind that has consisted in a survey of the legal position of items in the legislation Albanian yearsand in standardization plan of actual legislation taking as comparative benchmark the Italian civil law. With the purpose of gathering information is used the cognitive research method of collating and analyzing.Ideas about the design or formulation of a definition on the item have been different at different times in different jurisdictions.These different perceptions are also displayed in the Albanian legislation by political influence.These jurisdictions opted from the influence of preferential family of law at different times have brought a diversified treatment of this concept going from romanistic family of law in that of the socialist law family to return eventually to a Roman - German conception of object.Items are subject of the real law.Item is the part of material nature, which meets two conditions:The first condition is the physical one, which means that this section shall be subject to the power of people and the second is the social condition, which means that this part of the nature at the same time should be the commodity,means that can be exchanged andeconomicly circulated. The meaning of the item and the goods is not identical.Marx emphasized that human work is a good, but according to the bourgeois law it is not also the item.In civil law, item is only the good. DOI:10.5901/ajis.2016.v5n3p173

Right great heritage, a branch of civil law is very old branch which has been implemented since early Roman times, but evolved from that time until positive today. Our rights as the basis for the call in heritage and provides legal inheritance by law testamentary. Our priority civil is the testament. Civil Code of the Republic of Albania to the contract excludes heritage which foresee almost all European legislation. By addressing the issue of legal heritage in Albania my study focuses on a comparative analysis of legal regulations in the field of heritage with Italian law provided for in the legislation. Purpose of this comparative analysis is the identification of common and main differences between Albanian and father Italian legislation in the field of heritage main legal. The major issues are: Principles the general regulation, the basics of calling the inherited systems of transfer of the hereditary estate, Ability to inherit the role and position and spouse / the survivors, children legitimate, natural and to adopt the deceased, the share of legal heirs depending on their order in the call that we inherited. Inheritance law which applies numerous practice of our country, as set out in this law, acting in the absence of a will, when the will is declared partially or completely invalid accessed trailer or when by the will is disposed only a portion of the hereditary estate. Everyone admits that legal action has been and testament is a legal act or act a little known and used in the our country. Reasons relating to economic and social relations, which in Albania are not shown as contours in typical minimums formations feudal-capitalist.Stagnant intermediate forms, that have significantly impacted the property relations affected the property scheme for the Heritage Institute. According to court statistics, the majority of persons we die without leaving a will, then, hereby conclude that inheritance laws it takes a special importance not only legal but also practical. DOI:10.5901/mjss.2016.v7n6p397

Alternative measures are types of criminal sanctions which give a substitute measure of detention and prison. These are new measures that are being implemented in practice last thirty years, when radical changes were made in the penal system. These are new approaches that enable the execution of the sentence outside the prison premises. The main reasons why I treat alternative measures in our country are that they are new measures which have not been studied much earlier due to the time since here are relatively new measures that are envisaged in the Penal Code changes in 2004 so they need more time during the fundamental analysis and treatment of these measures.Also they are quite interesting and useful to society because they provide positive changes in the penal system, because their purpose is itself enough democratic which has to do with the isolation of a person not convicted of those offenses which are not very dangerous and harmful for the society. This work is divided into eight chapters, each of them deast with important issues. In this study I have dealt with the meaning of the alternative measures , general analysis of the characteristics , such as their types are provided within national and international acts and laws. A special look is made to the studying of alternative measures in Macedonia starting in that order such as the Penal Code provides , as are analyzed according to criminal law by various authors and the problem of their implementation in practice . What makes deeper this issue is the fact that they have researched to find differences and similarities between same types of alternative measures provided by different penal codes , analyzing in particular the countries of the region , Kosovo , Albania and other countries, also I am oriented in determining the types of alternative measures envisaged in our code , the types of alternative measures which have shown a positive effect , comparison of alternative measures imposing other penalties , analyzing alternative measures that are imposed mostly by the courts and the need for our Penal Code to provide or not new kinds of alternative measures that has not done so far , but other countries have , and which have shown a positive effect . DOI:10.5901/ajis.2014.v3n4p219

The alternative measures are useful sanctions for those who commit the penal acts and for the whole society. The present better chances and more favourable on the realisation of rights and personal freedoms and to the functioning of democratic society. Until now the alternative sanctions are known very well since there exist states that had them since in earlier times and have commenced to apply them.On the basis of a critical viewpoint regarding the way how they are applied in Macedonia, analysing the statistics of the Statistical Institution, it is concluded that Macedonia even though has foreseen them in the penal Code since in 2004, has not yet started their application. Until now regarding the offenses with a low social risk have been pronounced only two types of alternative measures such as: conditional sentence and the judicial remark while the other types have not been applied so far. The Criminal policy should be oriented in two directions: - in one direction should be started as soon as possible to apply the foreseen sanctions which are part of the law, and - on the other side besides the new types of alternative measures which are not yet part of it yet, but the other states have them and they do have an effect on them, and it is thought that they would have such impact even in our states. With alternative measures is enabled a better respecting of freedoms and human rights and the benefit is double, since there benefits the convicted person but in the meantime the state itself benefits as well. Macedonia in order to have success in their execution needs to have a coordination of law courts, should appeal to those that apply more often the protective supervision.,forming special teams which is are ready to perform their duties, there should be found good material means with which would be constructed a more effective,preventative, measures should be taken to prevent criminality, there is needed training of lawyers in that direction and to be asked that where it is possible the defined criteria should be applied. The alternative measures are functional measures, they bring positive impact and are very important,therefore it is indispensible to start their application in practice, as a very effective opportunity to a normal, quiet and secure life for all citizens. DOI:10.5901/mjss.2014.v5n16p78

The up to date legislations has gone that far, as they foresee the type and the length of conviction regarding each penal charge. However, this stage presents a specific development of public reaction against criminality, and its essence consists of a theoretical and practical engagement that individual conviction should be adjusted to the subjective attributes and qualities of the author who has committed the penal act. Analysing the background of this individualism, it was concluded that the aim of this engagement initially has been to avoid arbitraries and misuse, especially the violence of citizen's equality. Over the years and with the evolution of judicial-penal system through this individualisation, the misinterpretation expectation in determining the way of importance of the subjective -objective circumstances regarding the authors of the penal acts, in the completion of this misinterpreted element that legal individualisation contained was considered. Hence, the penal judicial science processed a formal -procedural theory which was known as judicial individualisation. This theory comprises of various laws which defines the basic criteria of the conviction terms; while the court based on each individual case as well as based on the mitigating and aggravating circumstances defines the type and the length of conviction even though this individualisation has as a main criteria, the penal culpability and responsibility of the author. Thus, this type of individualisation is not majorly supported. Such result probably has come as a consequence of the necessity of deep recognition of the author's personality who has committed the penal act by the side of the respective penal preceding authority based on the studied circumstances. Over time and actions, the basic conditions to issue a conviction, definitively in order to grant it the case evolution is that it will be laid in the execution space of the penal conviction. Precisely, for this execution to be in the spirit of the above mentioned individualisations, the practice had the need for the relative rationalisation in the framework of sentence suffering. This necessity has led to what is called the "administrative individualisation". This presents a sort of sentence individualisation by which the viewpoints in the penology literature is applied by the organs and the personnel of the entities, and the improving punishment institutions. This individualisation is narrower and has to do with the suitability of one's convicted personality during the time that he is suffering the sentence in such institutions. According to the criteria of penology science, this individualisation is being made on the basis of knowing the personality of the convicted person, on the observation basis and on the analytical study of the respective experts.

As in the opponent system, also in the inquisitorial criminal justice, exclusive duty of proving the existence of a crime and the determination of the respective sentence is in the hands of the state and the main purpose of the two systems is to prevent self judgment by individuals. It is widely recognized that both systems have succeeded in achieving this goal. In another point of view, the purpose of the rules of criminal procedure in a democratic society is to ensure procedural fairness; which means to balance individual rights with the interests of society in general. In this context, the choice or change of the criminal justice model in each country relies mainly on the need to achieve these goals in the specific circumstances of that country. The article will discuss the advantages and disadvantages of the opponent system of criminal procedure, compared with the alternative of its most widely known: the inquisitorial system. The article will cover both the stage of criminal investigation and trial as well. In inquisitorial systems, these phases tend to merge into a single procedure, whereas in opponent systems, the scope of judicial control over the investigation phase is one of the most controversial points of the reform. DOI:10.5901/ajis.2016.v5n2p79

Before talking to international and regional organizations, I will briefly tell you the history of the establishment of International Organizations and Regional Organizations. All International Organization are classified by their field of activity (around the globe in one or more continents), by their activity (military, political, economic, financial, etc.); in thedecisionmaking ways (only a number of member states in the relevant organs of the organization), to the time of operation (permanent or temporary) etc. In this paper I shall try to give an overview of the functioning of organizations ranging from membership (type of membership), dismissal, suspension and the rights and obligations of members; financing, the immunity and privileges of diplomatic staff in International Organizations. Certainly in this paper I will attempt to explain the role of Regional Organizations in particular on the Balkans including Kosovo. Today International Organizations became an important part of the economyin one country or regionand it plays a major role in the development and democratization of countries. Today without the existence of International Organizations the objectives of states, could hardly be achieved. The paper is based on the research and referring to various contemporary books, resources from the official website addresses, various journals and scientific articles. DOI:10.5901/ajis.2016.v5n2p163