Abstract: This article deals with selection standards for national sport teams. The author examines the legal framework for selection criteria and suggests using the most honest criteria.
Abstract: The author examines modern problems of Russian sport legislation and whether it need to be changed in order to allow all sportsmen to participate, train and have another sportsmen’s rights as Russian law mandates. The article provides an overview of Russian sport legislation problems, provides examples of foreign countries. In addition, the author suggests solutions for existing legal problems.
Abstract: The Council of European Union (EU Council) has
stressed on several occasions the need for a concerted,
comprehensive and effective solution to delinquency problems in EU
communities. In the context of establishing a European Forensic
Science Area and the development of forensic science infrastructure
in Europe, EU Council believes that forensic science can significantly
contribute to the efficiency of law enforcement, crime prevention and
combating crimes. Lithuanian scientists have consolidated to
implement a project named “Conception of the vision for European
Forensic Science 2020 implementation in Lithuania” (the project is
funded for the period of 1 March 2014 - 31 December 2016) with the
objective to create a conception of implementation of the vision for
European Forensic Science 2020 in Lithuania by 1) evaluating the
current status of Lithuania’s forensic system and opportunities for its
improvement; 2) analysing achievements and knowledge in
investigation of crimes listed in conclusions of EU Council on the
vision for European Forensic Science 2020 including creation of a
European Forensic Science Area and the development of forensic
science infrastructure in Europe: trafficking in human beings,
organised crime and terrorism; 3) analysing conceptions of
criminalistics, which differ in different EU member states due to the
variety of forensic schools, and finding means for their
harmonization. Apart from the conception of implementation of the
vision for European Forensic Science 2020 in Lithuania, the Project
is expected to suggest provisions that will be relevant to other EU
countries as well. Consequently, the presented conception of
implementation of vision for European Forensic Science 2020 in
Lithuania could initiate a project for a common vision of European
Forensic Science and contribute to the development of the EU as an
area of freedom, security and justice. The article presents main ideas
of the project of the conception of the vision for European Forensic
Science 2020 of EU Council and analyses its legal background, as
well as prospects of and challenges for its implementation in
Lithuania and the EU.
Abstract: The paper explores the cultural rights accommodation by the state which has left many unresolved problems. The cultural rights sometimes violate the basic individual rights of the members inside the community like women. The paper further explicates certain cultural norms and practices which violates the rights of women inside the community in the name of culture.
Abstract: The copyrights system is a combination of different elements. The number, content and the correlation of these elements are different for different legal orders. The models of copyrights systems display this system in terms of the interaction of economic and author's moral rights. Monistic and dualistic models are the most popular ones. The article deals with different points of view on the monism and dualism in copyright system. A specific model of the copyright in Switzerland in the XXth century is analyzed. The evolution of a French dualistic model of copyright is shown. The author believes that one should talk not about one, but rather about a number of dualism forms of copyright system.
Abstract: Urban public spaces are sutured with a range of
surveillance and sensor technologies that claim to enable new forms
of ‘data based citizen participation’, but also increase the tendency
for ‘function-creep’, whereby vast amounts of data are gathered,
stored and analysed in a broad application of urban surveillance. This
kind of monitoring and capacity for surveillance connects with
attempts by civic authorities to regulate, restrict, rebrand and reframe
urban public spaces. A direct consequence of the increasingly
security driven, policed, privatised and surveilled nature of public
space is the exclusion or ‘unfavourable inclusion’ of those considered
flawed and unwelcome in the ‘spectacular’ consumption spaces of
many major urban centres. In the name of urban regeneration,
programs of securitisation, ‘gentrification’ and ‘creative’ and ‘smart’
city initiatives refashion public space as sites of selective inclusion
and exclusion. In this context of monitoring and control procedures,
in particular, children and young people’s use of space in parks,
neighbourhoods, shopping malls and streets is often viewed as a
threat to the social order, requiring various forms of remedial action.
This paper suggests that cities, places and spaces and those who
seek to use them, can be resilient in working to maintain and extend
democratic freedoms and processes enshrined in Marshall’s concept
of citizenship, calling sensor and surveillance systems to account.
Such accountability could better inform the implementation of public
policy around the design, build and governance of public space and
also understandings of urban citizenship in the sensor saturated urban
environment.
Abstract: The main purpose of this research is to
comprehensively explore and identify the problems of attestation of
the public servants and to propose solutions for these issues through
deeply analyzing laws and the legal theoretical literature. For the
detailed analysis of the above-mentioned problems we will use some
research methods, the implementation of which has a goal to ensure
the objectivity and clarity of scientific research and its results.
Abstract: The article deals with one of the most significant
issues concerning the functioning of the public sector in the European
Union. The objectives of good governance were formulated by the
EU itself and also the Scholars in reaction to the discussion that
started a decade ago and concerned the role of the government in 21st
century, the future of integration processes and globalization
challenges in Europe. Currently, the concept of good governance is
mainly associated with the improvement of management of public
policies in the European Union, concerning both domestic and EU
policies. However, it goes beyond the issues of state capacity and
effectiveness of management. Good governance relates also to
societal participation in the public administration and verification of
decisions made in public authorities’ (including public
administration). Indirectly, the concept and practice of good
governance are connected to societal legitimisation of public bodies
in the European Union.
Abstract: The present article seeks to carry out along the lines of
interpretation of the recent Portuguese Constitutional Court case law
on the possibility of an employee to observe a worship day imposed
by religious beliefs. In this approach to the question, considerations
on the subject of the relationship between religious freedom and
labour relations will inevitably arise. We intend to draw conclusions
of practical application from the court decisions on the matter of
freedom of religion.
Abstract: In reference to the legal state in the Thai legal system,
most people understand the minor principles of the legal state form,
which are the principles that can be explained and understood easily
and the results can be seen clearly, especially in the legitimacy of
administrative acts. Therefore, there is no awareness of justice, which
is the fundamental value of Thai law. The legitimacy of administrative
acts requires the administration to adhere to the constitution and
legislative laws in enforcement of the laws. If it appears that the
administrative acts are illegitimate, the administrative court, as the
court of justice, will revoke those acts as if they had never been set in
the legal system, this will affect people’s trust as they are unaware as
to whether the administrative acts that appoint their lives are
legitimate or not. Regarding the revocation of administrative orders
by the administrative court as if those orders had never existed, the
common individual surely cannot be expected to comprehend the
security of their juristic position. Therefore, the legal state does not
require a revocation of the government’s acts to terminate its legal
results merely because those acts are illegitimate, but there should be
considerations and realizations regarding the “The Principle of the
Protection of Legitimate Expectation,” which is a minor principle in
the legal state’s content that focuses on supporting and protecting
legitimate expectations of the juristic position of an individual and
maintaining justice, which is the fundamental value of Thai law.
Abstract: The Ombudsman is a procedural mechanism that
provides a different approach of dispute resolution. The ombudsman
primarily deals with specific grievances from the public against
governmental injustice and misconduct. The ombudsman theory is
considered an important instrument to any democratic government.
This is true since it improves the transparency of the governmental
activities in a world in which executive power are rising. Many
countries have adopted the concept of Ombudsman but under
different terminologies. This paper will provide the different types of
Ombudsman and the common activities/processes of fulfilling their
mandates.
Abstract: There is a trend in development discourse to
understand and explain the level of corruption in Nigeria, its anticorruption
crusade and why it is failing, as well as its level of
compliance with International standards of United Nations
Convention against Corruption (UNCAC) & African Union
Convention on Converting and Preventing Corruption) to which
Nigeria is a signatory. This paper discusses the legal and
Constitutional provisions relating to corrupt practices and safeguards
in Nigeria, as well as the obstacles to the implementation of these
Conventions.
The paper highlights the challenges posed to the Anti-Corruption
crusade by analysing the loopholes that exist both in administrative
structure and in scope of the relevant laws. The paper argues that
Nigerian Constitution did not make adequate provisions for the
implementation of the conventions, hence a proposal which will
ensure adequate provision for implementing the conventions to better
the lives of Nigerians. The paper concludes that there is the need to
build institutional parameters, adequate constitutional and structural
safeguards, as well as to synergise strategies, collaborations and
alliances to facilitate the timely domestication and implementation of
the conventions.
Abstract: The main purpose of this paper is to determine the
applicability of the constitutional social rights in the so-called
horizontal relations, i.e. the relations between private entities.
Nowadays the constitutional rights are more and more often violated
by private entities and not only by the state. The private entities
interfere with the privacy of individuals, limit their freedom of
expression or disturb their peaceful gatherings. International
corporations subordinate individuals in a way which may limit their
constitutional rights. These new realities determine the new role of
the constitution in protecting human rights.
The paper will aim at answering two important questions. Firstly,
are the private entities obliged to respect the constitutional social
rights of other private entities and can they be liable for violation of
these rights? Secondly, how the constitutional social rights can
receive horizontal effect? Answers to these questions will have a
significant meaning for the popularisation of the practice of applying
the Constitution among the citizens as well as for the courts which
settle disputes between them.
Abstract: Testamentary succession rules in the Russian
Federation have been developing intensively since the collapse of the
Soviet Union. The article analyzes specific aspects of the closed will
in Russian civil law. It discusses advantages and drawbacks of the
closed will. In addition to that, the paper focuses on the will drafting
and attestation procedures. The research provides ways to improve
and enhance Russian legislation governing the closed will.
Abstract: The concept of national security in Iran is a
permanently effective factor in acceptance or rejection of many
international obligations. These obligations had been defined
according to the type of legislation of Iran in many aspects.
Therefore, there are several treaties at international level which
requires Iran’s security to come in contact with obligations in these
treaties in a way that an obstacle to join to them and their passage in
parliament. This issue is a typical category which every country pays
attention to be accepted in treaties or to include their national
security in that treaties and also they can see the related treaties from
this perspective, but this issue that 'what is the concept of Iran’s
national security', and 'To what extent it is changed in recent years,
especially after Islamic Revolution' are important issues that can be
criticized. Thus, this study is trying to assess singed treaties from the
perspective of Iran’s national security according of the true meaning
of treaty and to investigate how the international treaties may be in
conflict with Iran’s national security.
Abstract: Latin America is probably the region with greater
social inequality, contrary to the amount of rights enshrined in their
constitutions. In the last decade of the twentieth century, the area
resulted in significant changes to democratization and constitutional
changes. Through low-key public policy, political leaders activated
participation in the culture of human rights. The struggle for social
rights in Latin America has been a constant regulation. His
consecration at the constitutional level has chained search
application. The constitutionalization and judicial protection of these
rights have been crucial in countries like Argentina, Venezuela, Peru
and Colombia. This paper presents an analytical view on the
constitutionalization of social rights in the Latin American context
and its justiciability.
Abstract: The aim of study was to analyze the functioning the
new model of criminal corporate responsibility in Poland. The need
to introduce into the Polish legal system liability of corporate
(collective entities) has resulted, among others, from the Polish
Republic's international commitments, in particular related to
membership in the European Union. The study showed that responsibility of collective entities under
the Act has a criminal nature. The main question concerns the ability
of the collective entity to be brought to guilt under criminal law
sense. Polish criminal law knows only the responsibility of individual
persons. So far, guilt as a personal feature of action, based on the
ability of the offender to feel in his psyche, could be considered only
in relation to the individual person, while the said Act destroyed this
conviction. Guilt of collective entity must be proven under at least
one of the three possible forms: the guilt in the selection or
supervision and so called organizational guilt. In addition, research in
article has resolved the issue how the principle of proportionality in
relation to criminal measures in response of collective entities should
be considered. It should be remembered that the legal subjectivity of
collective entities, including their rights and freedoms, is an
emanation of the rights and freedoms of individual persons which
create collective entities and through these entities implement their
rights and freedoms. The whole study was proved that the adopted Act largely reflects
the international legal regulations but also contains the unknown and
original legislative solutions.
Abstract: The right to basic sanitation, was elevated to the
category of fundamental right by the Constitution of 1988 to protect
the ecologically balanced environment, ensuring social rights to
health and adequate housing and put the dignity of the human person
as the foundation of the Brazilian Democratic State. Before their
essentiality to humans, this article seeks to understand why universal
access to basic sanitation is a goal so difficult to achieve in Brazil.
Therefore, this research uses the deductive and analytical method.
Given the nature of the research literature, research techniques were
centered in specialized books on the subject, journals, theses and
dissertations, laws, relevant law case and raising social indicators
relating to the theme. The relevance of the topic stems, among other
things, the fact that sanitation services are essential for a dignified
life, i.e., everyone is entitled to the maintenance of the necessary
existence conditions are satisfied. However, the effectiveness of this
right is undermined in society, since Brazil has huge deficit in
sanitation services, denying thus a worthy life to most of the
population. Thus, it can be seen that the provision of water and
sewage services in Brazil is still characterized by a large imbalance,
since the municipalities with lower population index have greater
disability in the sanitation service. The truth is that the precariousness
of water and sewage services in Brazil is still very concentrated in the
North and Northeast regions, limiting the effective implementation of
the Law 11.445/2007 in the country. Therefore, there is urgent need
for a positive service by the State in the provision of sanitation
services in order to prevent and control disease, improve quality of
life and productivity of individuals, besides preventing contamination
of water resources. More than just social and economic necessity,
there is a government duty to implement such services. In this sense,
given the current scenario, to achieve universal access to basic
sanitation imposes many hurdles. These are mainly in the field of
properly formulated and implemented public policies, i.e., it requires
an excellent institutional organization, management services,
strategic planning, social control, in order to provide answers to
complex challenges.
Abstract: The importance of this study is to understand how Indonesian military court asserts its jurisdiction over military members who commit general crimes within the Indonesian military judiciary system in comparison to other countries. This research employs a normative-juridical approach in combination with historical and comparative-juridical approaches. The research specification is analytical-descriptive in nature, i.e. describing or outlining the principles, basic concepts, and norms related to military judiciary system, which are further analyzed within the context of implementation and as the inputs for military justice regulation under the Indonesian legal system. Main data used in this research are secondary data, including primary, secondary and tertiary legal sources. The research focuses on secondary data, while primary data are supplementary in nature. The validity of data is checked using multi-methods commonly known as triangulation, i.e. to reflect the efforts to gain an in-depth understanding of phenomena being studied. Here, the military element is kept intact in the judiciary process with due observance of the Military Criminal Justice System and the Military Command Development Principle. The Indonesian military judiciary jurisdiction over military members committing general crimes is based on national legal system and global development while taking into account the structure, composition and position of military forces within the state structure. Jurisdiction is formulated by setting forth the substantive norm of crimes that are military in nature. At the level of adjudication jurisdiction, the military court has a jurisdiction to adjudicate military personnel who commit general offences. At the level of execution jurisdiction, the military court has a jurisdiction to execute the sentence against military members who have been convicted with a final and binding judgement. Military court's jurisdiction needs to be expanded when the country is in the state of war.
Abstract: The objective of this paper is to analyze the role played by the institute of the public hearings in the Brazilian Supreme Court. The public hearings are regulated since 1999 by the Brazilian Laws nº 9.868, nº 9.882 and by the Intern Regiment of the Brazilian Supreme Court. According to this legislation, the public hearings are supposed to be called when a matter of circumstance of fact must be clarified, what can be done through the hearing of the testimonies of persons with expertise and authority in the theme related to the cause. This work aims to investigate what is the role played by the public hearings and by the experts in the Brazilian Supreme Court. The hypothesis of this research is that: (I) The public hearings in the Brazilian Supreme Court are used to uphold a rhetoric of a democratic legitimacy of the Court`s decisions; (II) The Legislative intentions have been distorted. To test this hypothesis, the adopted methodology involves an empirical study of the Brazilian jurisprudence. As a conclusion, it follows that the public hearings convened by the Brazilian Supreme Court do not correspond, in practice, to the role assigned to them by the Congress since they do not serve properly to epistemic interests. The public hearings not only do not legitimate democratically the decisions, but also, do not properly clarify technical issues.