Pub Date : 2023-12-20DOI: 10.33327/ajee-18-7.1-a000133
Oleksii Makarenkov, Lurdes Varregoso Mesquita
Background: The historical determinants of the appearance of international arbitration correspond to the general tendency of the complication of legal relations of highly developed civilisations, where business processes are its drivers. It is expected that a complex transnational business layered on different levels of civilisation is characterised by an increase in the probability of misunderstandings regarding the proper fulfilment of obligations, the resolution of which is referred to as international arbitration, which, by nature, is more effective than national courts. In this regard, within legal doctrine and among legal practitioners, there is an ongoing discourse on strategies to mitigate risks associated with the execution of international arbitration decisions and related issues. Methods: The research employed a methodological toolkit encompassing formal and dialectical logic, a synergistic methodological approach. The primary method within this framework was the synergistic analysis of the transformation of formal-legal sources and the corresponding application practices. Additional methods included historical-legal, comparative-legal, formal-dogmatic methods and contextual analysis. Results and Conclusions: Formal-legal guarantees for the execution of international arbitration decisions represent a system of requirements governing the procedural and actual actions of state- authorised persons (bodies) that ultimately lead to such execution. The basis of such guarantees is the adequacy of the subject to which the method is applied. Firstly, the arbitrators must make the decision. Secondly, this concerns a property (commercial) dispute. Thirdly and fourthly, enforcement of arbitral awards made in the territory of a State other than the State where the recognition and enforcement of such awards are sought and arising out of differences between persons, whether physical or legal. These signs follow from the corresponding specific acts of private international law. The enforceability of an arbitral award depends on the timely and appropriate actions of the parties to the contract. Even during the negotiation of a foreign economic agreement, the result of an audit of the business partner’s reliability in terms of its ability to fulfil its financial and/or other obligations properly should be obtained.
{"title":"Challenges of Legal Guarantees for the Enforcement of Arbitral Awards in International Commercial Cases","authors":"Oleksii Makarenkov, Lurdes Varregoso Mesquita","doi":"10.33327/ajee-18-7.1-a000133","DOIUrl":"https://doi.org/10.33327/ajee-18-7.1-a000133","url":null,"abstract":"Background: The historical determinants of the appearance of international arbitration correspond to the general tendency of the complication of legal relations of highly developed civilisations, where business processes are its drivers. It is expected that a complex transnational business layered on different levels of civilisation is characterised by an increase in the probability of misunderstandings regarding the proper fulfilment of obligations, the resolution of which is referred to as international arbitration, which, by nature, is more effective than national courts. In this regard, within legal doctrine and among legal practitioners, there is an ongoing discourse on strategies to mitigate risks associated with the execution of international arbitration decisions and related issues.\u0000Methods: The research employed a methodological toolkit encompassing formal and dialectical logic, a synergistic methodological approach. The primary method within this framework was the synergistic analysis of the transformation of formal-legal sources and the corresponding application practices. Additional methods included historical-legal, comparative-legal, formal-dogmatic methods and contextual analysis.\u0000Results and Conclusions: Formal-legal guarantees for the execution of international arbitration decisions represent a system of requirements governing the procedural and actual actions of state- authorised persons (bodies) that ultimately lead to such execution. The basis of such guarantees is the adequacy of the subject to which the method is applied. Firstly, the arbitrators must make the decision. Secondly, this concerns a property (commercial) dispute. Thirdly and fourthly, enforcement of arbitral awards made in the territory of a State other than the State where the recognition and enforcement of such awards are sought and arising out of differences between persons, whether physical or legal. These signs follow from the corresponding specific acts of private international law. The enforceability of an arbitral award depends on the timely and appropriate actions of the parties to the contract. Even during the negotiation of a foreign economic agreement, the result of an audit of the business partner’s reliability in terms of its ability to fulfil its financial and/or other obligations properly should be obtained.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":"20 23","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138955321","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-20DOI: 10.33327/ajee-18-7.1-a000123
I. Izarova, O. Khotynska-Nor, Yuriy Prytyka
Background: Ukraine has a unique Unified State Register of Court Decisions that publishes all court decisions in cases considered and resolved by courts in the public domain. There are more than one hundred million such documents in the register today. This provides unique opportunities for collecting, analysing, and summarising the empirical base of justice. This has the potential to form the basis for further transformation of the national model of justice. This study's impetus may have risen from the realisation that relying solely on human resources for such endeavours may present challenges. Methods: The study is based on the hypothesis that using hardware and software to analyse large data sets of state registers of court decisions and judicial statistics data can identify persistent patterns and causes of inefficient functioning of the judicial system. Results and Conclusions: The study led to the development of software with functionality that annotates court decision text, intended for further use in advanced Natural Language Processing algorithms. Furthermore, the study underscores the need to develop an algorithm for predicting risks and outcomes of court proceedings and a methodology for processing large amounts of data from the Unified State Register of Court Decisions. This is justified based on specific indicators of the effectiveness of dispute resolution. This article advocates for the use of machine learning algorithms as an innovative tool to generalise large data sets from court decision registers, particularly to obtain objective data on a large scale. The article also examines the prerequisites for establishing the Institute of National Judicial Practice and explores its functioning in the present stage of judicial reform.
{"title":"Advancing Sustainable Justice through AI-Based Case Law Analysis","authors":"I. Izarova, O. Khotynska-Nor, Yuriy Prytyka","doi":"10.33327/ajee-18-7.1-a000123","DOIUrl":"https://doi.org/10.33327/ajee-18-7.1-a000123","url":null,"abstract":"Background: Ukraine has a unique Unified State Register of Court Decisions that publishes all court decisions in cases considered and resolved by courts in the public domain. There are more than one hundred million such documents in the register today. This provides unique opportunities for collecting, analysing, and summarising the empirical base of justice. This has the potential to form the basis for further transformation of the national model of justice. This study's impetus may have risen from the realisation that relying solely on human resources for such endeavours may present challenges.\u0000Methods: The study is based on the hypothesis that using hardware and software to analyse large data sets of state registers of court decisions and judicial statistics data can identify persistent patterns and causes of inefficient functioning of the judicial system.\u0000Results and Conclusions: The study led to the development of software with functionality that annotates court decision text, intended for further use in advanced Natural Language Processing algorithms. Furthermore, the study underscores the need to develop an algorithm for predicting risks and outcomes of court proceedings and a methodology for processing large amounts of data from the Unified State Register of Court Decisions. This is justified based on specific indicators of the effectiveness of dispute resolution. This article advocates for the use of machine learning algorithms as an innovative tool to generalise large data sets from court decision registers, particularly to obtain objective data on a large scale. The article also examines the prerequisites for establishing the Institute of National Judicial Practice and explores its functioning in the present stage of judicial reform.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":"9 12","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138994441","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-19DOI: 10.33327/ajee-18-7.1-a000109
T. Tsuvina
Background: In this article, the co-authors continue exploring the observable changes in the orientation of civil procedure, moving from competitive and adversarial models towards more cooperative and consensual approaches. Specifically, this work aims to disclose the peculiarities of practically implementing the principles of mutual cooperation and consensuality in civil procedure. The research delves into court-connected settlement procedures in three European countries: Austria, Lithuania, and Ukraine. Through a comparative analysis of the legal regulations and practices in the selected countries, the article evaluates the impact of the application of settlement-oriented procedures on fostering a more amicable resolution of civil disputes. Methods: Research commenced with a review of the existing scientific literature, a brief historical analysis, and a document analysis concerning the legal framework of settlement-oriented procedures applied in the civil process in selected countries. This work is the continuation of the previous research of the co-authors, aiming to explore how the identified global trend of the drift towards a consensual tenet in the civil procedure was reflected in the selected countries’ legal legislation and practice. The Austrian, Lithuanian, and Ukrainian legal frameworks of court-connected settlement-oriented procedures were compared to acknowledge the existing variety and specifics of national approaches towards consensuality in the civil procedure in different jurisdictions. Results and Conclusions: The ideas of a more socially oriented and consensual civil procedure are implemented in the civil procedure of Austria, Lithuania, and Ukraine through the introduction of settlement-oriented methods of dispute resolution, such as court conciliation and court mediation. Despite the wide common understanding of these amicable procedures, essential differences in the theoretical understanding of the concept and its implementation in the analysed jurisdiction were identified. This research assists dispute resolution practitioners and researchers interested in better understanding the implementation of court-connected settlement-oriented procedures in different jurisdictions.
{"title":"The Implementation of Consensual Tenet in Modern Civil Procedure: Comparative Analysis of Court-Connected Settlement Procedures Applied in Austria, Lithuania, and Ukraine","authors":"T. Tsuvina","doi":"10.33327/ajee-18-7.1-a000109","DOIUrl":"https://doi.org/10.33327/ajee-18-7.1-a000109","url":null,"abstract":"Background: In this article, the co-authors continue exploring the observable changes in the orientation of civil procedure, moving from competitive and adversarial models towards more cooperative and consensual approaches. Specifically, this work aims to disclose the peculiarities of practically implementing the principles of mutual cooperation and consensuality in civil procedure. The research delves into court-connected settlement procedures in three European countries: Austria, Lithuania, and Ukraine. Through a comparative analysis of the legal regulations and practices in the selected countries, the article evaluates the impact of the application of settlement-oriented procedures on fostering a more amicable resolution of civil disputes.\u0000Methods: Research commenced with a review of the existing scientific literature, a brief historical analysis, and a document analysis concerning the legal framework of settlement-oriented procedures applied in the civil process in selected countries. This work is the continuation of the previous research of the co-authors, aiming to explore how the identified global trend of the drift towards a consensual tenet in the civil procedure was reflected in the selected countries’ legal legislation and practice. The Austrian, Lithuanian, and Ukrainian legal frameworks of court-connected settlement-oriented procedures were compared to acknowledge the existing variety and specifics of national approaches towards consensuality in the civil procedure in different jurisdictions.\u0000Results and Conclusions: The ideas of a more socially oriented and consensual civil procedure are implemented in the civil procedure of Austria, Lithuania, and Ukraine through the introduction of settlement-oriented methods of dispute resolution, such as court conciliation and court mediation. Despite the wide common understanding of these amicable procedures, essential differences in the theoretical understanding of the concept and its implementation in the analysed jurisdiction were identified. This research assists dispute resolution practitioners and researchers interested in better understanding the implementation of court-connected settlement-oriented procedures in different jurisdictions.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" 10","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138962835","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-01DOI: 10.33327/ajee-18-7.1-r000101
Ayman Mohamed Afify, Sam Dalla, Hamoud Tannar
Background: Presumably, constitution-making is a national process reflecting the state’s sovereignty and people's will. The severity of the conflict in Syria and its danger led the international community to intervene, and in 2015, the Security Council issued Resolution 2254 to settle the conflict. This resolution, in item 4, called for the start of the drafting process of a new Constitution for Syria; hereby, the Constitutional Committee was formed in Geneva in 2019 with the agreement of the conflict parties, the government and the opposition, and the consent of the international community represented by the United Nations. This research discusses the extent to which the intervention of the United Nations in the Syrian Constitutional Committee's formation and work in Geneva affects the principle of the Constitution's nationalism and state sovereignty. The research also discusses the legitimacy of the powers granted to this committee, whether in drafting a new constitution for the Syrian state or amending the current 2012 Constitution, and whether they conflict with the national sovereignty principle in considering the constitutional law principles. Methods: We relied on the analytical method to study the legal adaptation of the Syrian Constitutional Committee formed based on Security Council Resolution 2254. The impact of the United Nations intervention in the Syrian Constitutional Committee and whether it conflicts with the principle of national sovereignty depends on clarifying the role played by the United Nations in forming the committee and its ability to impose binding decisions on it. Achieving this objective requires analysing the powers of the Constitutional Committee in light of the principles and rules of constitutional law. This entails determining whether the committee possesses the full authority of the original constituent power to establish a new constitution for the state without referring to the people or if its jurisdiction is limited to drafting. Through this analytical method, we shall know whether the formation of the Constitutional Committee and the jurisdiction granted contradicts the principle of national sovereignty, which assumes that the Constitution is a national industry. Results and Conclusions: The formation of the Syrian Constitutional Committee, authorised by the United Nations through the Security Council Resolution 2254, does not detract from Syrian national sovereignty nor conflict with the principle of constitutional nationalism. Firstly, the formation of the constituent authority responsible for establishing the Constitution is not a legal issue but rather derives its existence from reality, and this applies to the Syrian Constitutional Committee, which derived its existence from the Syrian reality conflict and with the agreement of its parties, government and opposition. Therefore, one cannot say that the formation of this committee is illegitimate or inconsistent with the principles of constitutional law,
{"title":"Legal Adaptation for the Syrian Constitutional Committee Formed Based on UN Security Council Resolution 2245","authors":"Ayman Mohamed Afify, Sam Dalla, Hamoud Tannar","doi":"10.33327/ajee-18-7.1-r000101","DOIUrl":"https://doi.org/10.33327/ajee-18-7.1-r000101","url":null,"abstract":"Background: Presumably, constitution-making is a national process reflecting the state’s sovereignty and people's will. The severity of the conflict in Syria and its danger led the international community to intervene, and in 2015, the Security Council issued Resolution 2254 to settle the conflict. This resolution, in item 4, called for the start of the drafting process of a new Constitution for Syria; hereby, the Constitutional Committee was formed in Geneva in 2019 with the agreement of the conflict parties, the government and the opposition, and the consent of the international community represented by the United Nations. This research discusses the extent to which the intervention of the United Nations in the Syrian Constitutional Committee's formation and work in Geneva affects the principle of the Constitution's nationalism and state sovereignty. The research also discusses the legitimacy of the powers granted to this committee, whether in drafting a new constitution for the Syrian state or amending the current 2012 Constitution, and whether they conflict with the national sovereignty principle in considering the constitutional law principles.\u0000Methods: We relied on the analytical method to study the legal adaptation of the Syrian Constitutional Committee formed based on Security Council Resolution 2254. The impact of the United Nations intervention in the Syrian Constitutional Committee and whether it conflicts with the principle of national sovereignty depends on clarifying the role played by the United Nations in forming the committee and its ability to impose binding decisions on it. Achieving this objective requires analysing the powers of the Constitutional Committee in light of the principles and rules of constitutional law. This entails determining whether the committee possesses the full authority of the original constituent power to establish a new constitution for the state without referring to the people or if its jurisdiction is limited to drafting. Through this analytical method, we shall know whether the formation of the Constitutional Committee and the jurisdiction granted contradicts the principle of national sovereignty, which assumes that the Constitution is a national industry.\u0000Results and Conclusions: The formation of the Syrian Constitutional Committee, authorised by the United Nations through the Security Council Resolution 2254, does not detract from Syrian national sovereignty nor conflict with the principle of constitutional nationalism. Firstly, the formation of the constituent authority responsible for establishing the Constitution is not a legal issue but rather derives its existence from reality, and this applies to the Syrian Constitutional Committee, which derived its existence from the Syrian reality conflict and with the agreement of its parties, government and opposition. Therefore, one cannot say that the formation of this committee is illegitimate or inconsistent with the principles of constitutional law,","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" 19","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138616236","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-01DOI: 10.33327/ajee-18-7.1-a000106
Jamal Barafi, Z. Jaffal
Background: This study explores legal protections for older people in the 21st century, particularly in the contexts of international human rights laws and Arabic constitutions. While international human rights systems afford implicit protections for senior citizens, the international legal framework is inadequate for addressing their specific rights and challenges. While Arabic constitutions often include general provisions protecting the rights of citizens, they do not explicitly address the rights and legal protection of older people. Methods: This study aims to confront this gap by examining legal frameworks that protect the rights of senior citizens in both international human rights law and Arabic constitutions. Results and Conclusions: The lack of a universally accepted definition for the term ‘older person’ poses a challenge when studying that demographic, as they are a highly heterogeneous group. In a rapidly ageing world, it is essential to develop legal frameworks that specifically address the rights of older people to ensure their dignity and well-being.
{"title":"Towards an Effective Legal Protection for Older Persons in the 21st Century: A Comparative Study of International Human Rights Law and Arab Constitutions","authors":"Jamal Barafi, Z. Jaffal","doi":"10.33327/ajee-18-7.1-a000106","DOIUrl":"https://doi.org/10.33327/ajee-18-7.1-a000106","url":null,"abstract":"Background: This study explores legal protections for older people in the 21st century, particularly in the contexts of international human rights laws and Arabic constitutions. While international human rights systems afford implicit protections for senior citizens, the international legal framework is inadequate for addressing their specific rights and challenges. While Arabic constitutions often include general provisions protecting the rights of citizens, they do not explicitly address the rights and legal protection of older people. \u0000Methods: This study aims to confront this gap by examining legal frameworks that protect the rights of senior citizens in both international human rights law and Arabic constitutions. \u0000Results and Conclusions: The lack of a universally accepted definition for the term ‘older person’ poses a challenge when studying that demographic, as they are a highly heterogeneous group. In a rapidly ageing world, it is essential to develop legal frameworks that specifically address the rights of older people to ensure their dignity and well-being.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" 2","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138613092","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-01DOI: 10.33327/ajee-18-7.1-r000103
E. MItskaya
Background: Since the adoption of the new Criminal Code of Kazakhstan, the norms regulating criminal liability for corruption offences have already been repeatedly amended and supplemented to meet the requirements of anti-corruption international legal obligations. However, some inconsistencies pose a challenge to the successful eradication of corruption. Methods: The study employed various methodologies, including the historical and legal method, statistical analysis, formal logic, and system analysis and synthesis. Eradication of corruption is a priority task of the National Development Plan of Kazakhstan. The analysis of anti-corruption criminal legal norms of foreign countries has shown the variability of fixing the norms of international conventions in national criminal law. However, the general essence of these norms remains unchanged. Based on a critical approach to the analysis of corruption prevention by Kazakhstani criminal law norms, the paper substantiates the need for further correction to bring them in line with international anti-corruption standards. Results and Conclusions: The article proposes measures to strengthen corruption prevention by improving the anti-corruption norms of Kazakhstan's criminal law in light of international requirements.
{"title":"Non-Compliance of Kazakhstan's Criminal Law With International Anti-Corruption Standards","authors":"E. MItskaya","doi":"10.33327/ajee-18-7.1-r000103","DOIUrl":"https://doi.org/10.33327/ajee-18-7.1-r000103","url":null,"abstract":"Background: Since the adoption of the new Criminal Code of Kazakhstan, the norms regulating criminal liability for corruption offences have already been repeatedly amended and supplemented to meet the requirements of anti-corruption international legal obligations.\u0000However, some inconsistencies pose a challenge to the successful eradication of corruption.\u0000Methods: The study employed various methodologies, including the historical and legal method, statistical analysis, formal logic, and system analysis and synthesis. Eradication of corruption is a priority task of the National Development Plan of Kazakhstan. The analysis of anti-corruption criminal legal norms of foreign countries has shown the variability of fixing the norms of international conventions in national criminal law. However, the general essence of these norms remains unchanged. Based on a critical approach to the analysis of corruption prevention by Kazakhstani criminal law norms, the paper substantiates the need for further correction to bring them in line with international anti-corruption standards.\u0000Results and Conclusions: The article proposes measures to strengthen corruption prevention by improving the anti-corruption norms of Kazakhstan's criminal law in light of international requirements.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":" 31","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138618579","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-12-01DOI: 10.33327/ajee-18-7.1-a000101
Fidair Berisha, Astrit Dema, Mensut Ademi, Islam Qerimi
Background: The object of this paper is the criminal offence of human trafficking in Kosovo, addressing the negative and illegal phenomenon of this activity. It aims to pay special attention to the detection and prosecution of the perpetrators and the imposition of sentences and other criminal sanctions against them, with the sole purpose of combating and preventing it in society. Also, in this paper, some basic legal-criminal and criminological features of the criminal offence of human trafficking are analysed and treated. Given that this criminal offence represents a serious type of criminality, this study explores how it manifests itself in its consequences on the individual and society. This research conducted on human trafficking in Kosovo is of crucial importance because by studying this negative phenomenon, we can slowly conclude whether the victims were innocent or contributors to the issues leading to their trafficking. Methods: In preparing this research-scientific paper, very significant content for our country is presented using the following methods: comparative, statistical, graphic, historical, analytical, survey and case studies from 1999 to now. Through these research methods and techniques, we have recognised and addressed multiple aspects of the crime of human trafficking. Contrary to the common belief that there are enough studies on the victims of human trafficking and other criminal acts, this is not true. In many cases, the states have quantified the victims of various crimes and other criminal acts solely through numerical measures. The extracted statistics form the basis of data identification and conclusion, as well as determining the recommendations contained in this paper. Results and Conclusions: Trafficking in human beings is one of the most significant crimes of our time and a violation of human rights in itself, and in our work, we have encountered difficulties in coming up with the most adequate and concrete data to prevent and combat this. Phenomenon. Human beings are trafficked for the purpose of forced labour, illegal employment, the entertainment industry, forced and fake marriage, forced prostitution, etc. and this, in our case in the Western Balkans countries, is generally encountered because of socio-economic problems and freedom of movement. Human trafficking is a form of profitable organised crime and is believed to be important because the risk is low and the payoff is high; after drug and weapons trafficking and the prostitution trade comes as a great benefit, in our case, Kosovo, we have come across data from 1999 on how war refugees are abused and how narcotic substances are trafficked and used. The most common form of human trafficking is the trade of human beings for sexual exploitation or the purposes of forced prostitution. This is a challenge in our country because we do not have an adequate law to legalise prostitution. In this case, we have a lot of good organised in the region and Kosovo that
{"title":"Human Trafficking in Western Balkan: Case Study of Kosovo","authors":"Fidair Berisha, Astrit Dema, Mensut Ademi, Islam Qerimi","doi":"10.33327/ajee-18-7.1-a000101","DOIUrl":"https://doi.org/10.33327/ajee-18-7.1-a000101","url":null,"abstract":"Background: The object of this paper is the criminal offence of human trafficking in Kosovo, addressing the negative and illegal phenomenon of this activity. It aims to pay special attention to the detection and prosecution of the perpetrators and the imposition of sentences and other criminal sanctions against them, with the sole purpose of combating and preventing it in society. Also, in this paper, some basic legal-criminal and criminological features of the criminal offence of human trafficking are analysed and treated. Given that this criminal offence represents a serious type of criminality, this study explores how it manifests itself in its consequences on the individual and society. This research conducted on human trafficking in Kosovo is of crucial importance because by studying this negative phenomenon, we can slowly conclude whether the victims were innocent or contributors to the issues leading to their trafficking.\u0000Methods: In preparing this research-scientific paper, very significant content for our country is presented using the following methods: comparative, statistical, graphic, historical, analytical, survey and case studies from 1999 to now. Through these research methods and techniques, we have recognised and addressed multiple aspects of the crime of human trafficking. Contrary to the common belief that there are enough studies on the victims of human trafficking and other criminal acts, this is not true. In many cases, the states have quantified the victims of various crimes and other criminal acts solely through numerical measures. The extracted statistics form the basis of data identification and conclusion, as well as determining the recommendations contained in this paper. \u0000Results and Conclusions: Trafficking in human beings is one of the most significant crimes of our time and a violation of human rights in itself, and in our work, we have encountered difficulties in coming up with the most adequate and concrete data to prevent and combat this. Phenomenon. Human beings are trafficked for the purpose of forced labour, illegal employment, the entertainment industry, forced and fake marriage, forced prostitution, etc. and this, in our case in the Western Balkans countries, is generally encountered because of socio-economic problems and freedom of movement. Human trafficking is a form of profitable organised crime and is believed to be important because the risk is low and the payoff is high; after drug and weapons trafficking and the prostitution trade comes as a great benefit, in our case, Kosovo, we have come across data from 1999 on how war refugees are abused and how narcotic substances are trafficked and used. The most common form of human trafficking is the trade of human beings for sexual exploitation or the purposes of forced prostitution. This is a challenge in our country because we do not have an adequate law to legalise prostitution. In this case, we have a lot of good organised in the region and Kosovo that","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":"124 47","pages":""},"PeriodicalIF":0.4,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138608334","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Background: The effectiveness of defence planning within Ukraine’s defence and security sector is heavily contingent upon the meticulous formulation and execution of future defence budgets, as delineated in Ukraine’s National Security Strategy. Furthermore, it is imperative to com- prehensively examine international experiences in defence planning, specifically in developing and sustaining vital resources and capabilities for fulfilling defence missions under budgetary constraints. Consequently, there exists an inherent necessity for extensive dialogues among scholars and officials tasked with military-strategic decision-making. Results and Conclusions: This research explores the paramount significance of defence plan- ning for bolstering Ukraine’s security and defence capabilities. The intrinsic link between the identified issue and pivotal scientific and practical objectives becomes evident when considering the prioritisation of robust financial planning and judicious resource allocation, with the aim of fashioning modernised defence forces adept at countering emergent security threats. In this regard, the study diligently examines international experiences to discern and adapt best practices of essential facets like equipment, command systems, intelligence capabilities, and personnel training, all of which play a pivotal role in fortifying defence readiness and mission efficacy. Acknowledging the constraints of limited financial resources necessitates judicious strategic decision-making to optimise defence expenditures within well-defined parameters is paramount.
{"title":"Enhancing the Effectiveness of Defence Planning Through the Implementation of Capability-Based Budgeting and Civilian Control","authors":"Yuliia Petlenko, Lucian Tarnu, Bohdan Shchehliuk, Silviu Nate","doi":"10.33327/ajee-18-6.4-n000477","DOIUrl":"https://doi.org/10.33327/ajee-18-6.4-n000477","url":null,"abstract":"Background: The effectiveness of defence planning within Ukraine’s defence and security sector is heavily contingent upon the meticulous formulation and execution of future defence budgets, as delineated in Ukraine’s National Security Strategy. Furthermore, it is imperative to com- prehensively examine international experiences in defence planning, specifically in developing and sustaining vital resources and capabilities for fulfilling defence missions under budgetary constraints. Consequently, there exists an inherent necessity for extensive dialogues among scholars and officials tasked with military-strategic decision-making. Results and Conclusions: This research explores the paramount significance of defence plan- ning for bolstering Ukraine’s security and defence capabilities. The intrinsic link between the identified issue and pivotal scientific and practical objectives becomes evident when considering the prioritisation of robust financial planning and judicious resource allocation, with the aim of fashioning modernised defence forces adept at countering emergent security threats. In this regard, the study diligently examines international experiences to discern and adapt best practices of essential facets like equipment, command systems, intelligence capabilities, and personnel training, all of which play a pivotal role in fortifying defence readiness and mission efficacy. Acknowledging the constraints of limited financial resources necessitates judicious strategic decision-making to optimise defence expenditures within well-defined parameters is paramount.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135371612","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-01DOI: 10.33327/ajee-18-6.4-a000476
Fitim Shishani
Background: The development of social relations in the democratic state of Kosovo necessitates quality regulation by the police. Therefore, the question of developing and implementing the police supervision system in Kosovo is relevant. Objectives: This research aims to explore the principles underlying the monitoring of police officers in Kosovo, to describe the historical development of the Kosovo police and to charac- terise the prerequisites for the development of police oversight. Furthermore, it aims to draw a comparative analysis between the experiences of Kosovo and the United States in the context of monitoring police performance. Methods: The research uses methods of analysis (to explore the Kosovo police as a law enforce- ment agency), synthesis (to explore the stages of policy development), comparison (to explore the similarities and differences between the activities), generalisation (to describe the effectiveness of different supervisory institutions), and formal legal analysis (to study the content of the main regulations governing activities). Results and Conclusions: The research has established that in Kosovo, such a body is represented in the context of the Police Inspectorate. The research highlighted the main areas of activity of internal and external oversight mechanisms designed to combat unethical and illegal behaviour of police officers. It examined the main regulations that establish the rights and obligations of Kosovo Police officers and inspectors and proved that the control mechanisms complement each other in the course of police supervision. In addition, the research examined the experience of police oversight in the United States. The research has established that to increase the effectiveness of monitoring police activities, it is necessary to involve public representatives. It was found that the police system consists of an internal and external mechanism that allows for covering vari- ous areas of police activity and timely detection of violations in them. Also, within the internal control, there are special departments that are part of the police system. The research findings should be used to prepare reforms and strategies to improve police performance.
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Pub Date : 2023-11-01DOI: 10.33327/ajee-18-6.4-ed000400
Iryna Izarova
In the Editor-in-Chief's note it discusses the significance of academic publishing in facilitating communication and advancing modern science. It serves as a cornerstone for scholarly exchange of ideas, knowledge dissemination, and transparent competence between innovators. The importance of open access publishing is highlighted, emphasizing its role in democratizing knowledge, fostering transparency, and accelerating scientific progress. It also addresses the challenges of financing open access publications and emphasizes the need for fair compensation for the editorial staff. The note further discusses the models of for-profit and non-profit academic publishing and their respective advantages and drawbacks. It stresses the need for increased support for open access publishing to ensure sustainability, accessibility, and high-quality scholarly communication.
{"title":"About Issue 4 of 2023 and Non for Profit Academic Publishing","authors":"Iryna Izarova","doi":"10.33327/ajee-18-6.4-ed000400","DOIUrl":"https://doi.org/10.33327/ajee-18-6.4-ed000400","url":null,"abstract":"In the Editor-in-Chief's note it discusses the significance of academic publishing in facilitating communication and advancing modern science. It serves as a cornerstone for scholarly exchange of ideas, knowledge dissemination, and transparent competence between innovators. The importance of open access publishing is highlighted, emphasizing its role in democratizing knowledge, fostering transparency, and accelerating scientific progress. It also addresses the challenges of financing open access publications and emphasizes the need for fair compensation for the editorial staff. The note further discusses the models of for-profit and non-profit academic publishing and their respective advantages and drawbacks. It stresses the need for increased support for open access publishing to ensure sustainability, accessibility, and high-quality scholarly communication.","PeriodicalId":40329,"journal":{"name":"Access to Justice in Eastern Europe","volume":"25 7","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135371607","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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