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The spatial characteristics of crime against the environment committed in Hungary 匈牙利危害环境犯罪的空间特征
Pub Date : 2022-01-01 DOI: 10.5937/gakv94-41385
Sabolč Maćaš
This study examines the spatial characteristics of crimes that have been committed against nature and the environment. In Hungary, research in the domain of the geography of crime is truly rare, and the number of researchers who have dared to tackle the spatial properties of crimes against nature and the environment is even lower. The author's hypothesis is that correlation between certain crimes and socio-demographic characteristics can be established, so the spatial distribution of these crimes differs significantly. The temporal interval of the study includes the period between 2017 and 2021, and the data that was used comes from publicly available databases.
本研究考察了违背自然和环境的犯罪的空间特征。在匈牙利,犯罪地理学领域的研究确实很少,敢于研究危害自然和环境犯罪的空间特性的研究人员甚至更少。作者的假设是,某些犯罪与社会人口特征之间可以建立相关性,因此这些犯罪的空间分布差异很大。该研究的时间间隔包括2017年至2021年期间,所使用的数据来自公开数据库。
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引用次数: 0
The organizational system of nature protection law enforcement: The role of the nature protection service in nature conservation in Hungary 自然保护执法的组织体系:匈牙利自然保护服务在自然保护中的作用
Pub Date : 2022-01-01 DOI: 10.5937/gakv94-41386
Mikloš Tihanji, Šandor Kovač
There are several groups of questions that make up the subject of this critical and expert analysis of the problems of the organizational system of law enforcement regarding nature protection - the role of the nature protection service in nature protection in Hungary. Special attention is paid to the reasons for the need for environmental protection and the presentation of key laws and bylaws that regulate the protection of the natural environment in Hungary. In addition, there are questions about the role of the nature protection service as a special organizational law enforcement unit in Hungary, primarily: Organizational systems of the nature protection service and its functions and duties; Means for their functioning; Requirements that must be met by members of the service; The principles of its functioning - first of all, the principles of necessity and proportionality; Measures that the nature protection guard can take - their numerous powers for achieving the desired level of environmental protection, etc. The key result of the analysis of the issue in question is that, although nature protection transcends national borders, this in no way means that states do not have a clear duty to protect exceptional natural goods on their territory. On the contrary, this protection is a societal obligation. The state's obligation of institutional protection manifests in the creation of a legal order and an institutional framework that can provide adequate protection. One of the ways to achieve the desired degree of nature protection, when it comes to Hungary, is introducing special services within the police force that are in charge of law enforcement with a specific system of tasks - rights and obligations.
有几组问题构成了这篇关于自然保护的执法组织系统问题的批判性和专家分析的主题- -匈牙利自然保护服务在自然保护中的作用。特别注意需要保护环境的原因,并提出了规定匈牙利自然环境保护的主要法律和章程。此外,还有关于自然保护处作为匈牙利一个特别组织性执法单位的作用的问题,主要是:自然保护处的组织制度及其职能和职责;它们运作的手段;服务成员必须满足的要求;其运作的原则,首先是必要性和相称性原则;自然保护卫士可以采取的措施——他们为达到理想的环境保护水平所拥有的众多权力等等。分析上述问题的关键结果是,尽管自然保护超越了国界,但这绝不意味着国家没有明确的义务来保护其领土上的特殊自然产品。相反,这种保护是一种社会义务。国家的制度保护义务体现在创造一种能够提供充分保护的法律秩序和制度框架。就匈牙利而言,实现理想的自然保护程度的方法之一是在警察部队中引入特别服务部门,负责执行一套具体的任务- -权利和义务制度。
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引用次数: 0
The interpretation of Andrić's doctoral dissertation through the theory of historical institutionalism 历史制度主义理论对安德里奇博士论文的解读
Pub Date : 2022-01-01 DOI: 10.5937/gakv94-33839
Benjamin Nurkić
Andrić's doctoral dissertation, titled "Development of spiritual life in Bosnia under the influence of Turkish rule," has so far initiated many discussions, mostly criticism of the methodology used by Andrić in this dissertation, but also many criticisms related to challenging the scientific character of the dissertation itself. In this paper, the author focuses on a completely different segment of Andrić's dissertation, which previous analyses and critiques of Andrić's dissertation have not covered. The problem of corruption in the Ottoman Empire shall be the subject of the analysis, and certainly the problem of corruption in Bosnia as part of the Ottoman Empire. The paper analyses the scientific basis of Andrić's claims in the dissertation on the ubiquity of corruption in the Ottoman Empire, and the possible impact of the corruption of Ottoman institutions on the development of institutions in Bosnia and Herzegovina. The author explains the importance of Andrić's dissertation for a better understanding of the problem of corruption in the functioning of the institutions of Bosnia and Herzegovina with the theory of historical institutionalism.
andriki的博士论文题为“土耳其统治影响下波斯尼亚精神生活的发展”,迄今为止引发了许多讨论,主要是对andriki在论文中使用的方法的批评,但也有许多批评与挑战论文本身的科学特性有关。在本文中,作者关注的是安德里奇论文中一个完全不同的部分,这是以前对安德里奇论文的分析和批评所没有涵盖的。奥斯曼帝国的腐败问题将是分析的主题,当然也包括作为奥斯曼帝国一部分的波斯尼亚的腐败问题。本文分析了安德里奇在论文中关于奥斯曼帝国腐败无处不在的主张的科学依据,以及奥斯曼制度的腐败对波黑制度发展可能产生的影响。作者用历史制度主义理论解释了安德里奇的论文对于更好地理解波斯尼亚和黑塞哥维那制度运作中的腐败问题的重要性。
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引用次数: 0
Between democracy and dictatorship: Hybrid regime and rule of law 在民主与独裁之间:混合政体与法治
Pub Date : 2022-01-01 DOI: 10.5937/gakv94-36222
Marica Mišić
Past and on-going political affairs linked to the pandemic, particularly in Serbia (which fits the concept of a hybrid regime), created discussions among some lawyers on whether the President's declaration of a state of emergency was constitutional or not. This is the motivation for a Kelsen - Schmitt debate about who ought to be the guardian of the constitution and drawing some parallels with contemporary hybrid regimes. Some of the problems that arise in hybrid regimes are in relation to the rule of law, the role of the parliament and the constitution. Most contemporary constitutions are based on the rule of law, which is exercised through pluralism, free and fair elections, constitutional guarantees of human and minority rights, separation of powers, an independent judiciary and obedience of the constitution and the law. Using Serbia as an example, we can notice that the rule of law and the role of parliament as the bearer of constituent and legislative authority are endangered by potential dictatorships in hybrid regimes.
过去和正在发生的与大流行病有关的政治事务,特别是在塞尔维亚(符合混合政权的概念),在一些律师中引发了关于总统宣布紧急状态是否符合宪法的讨论。这就是Kelsen - Schmitt辩论的动机:谁应该成为宪法的守护者,并将其与当代混合政权进行比较。混合政体中出现的一些问题与法治、议会和宪法的作用有关。大多数当代宪法是以法治为基础的,法治是通过多元化、自由和公正的选举、宪法对人权和少数人权利的保障、权力分立、司法独立以及对宪法和法律的遵守来实现的。以塞尔维亚为例,我们可以注意到,法治和议会作为制宪和立法权力的承载者的作用受到混合政权中潜在独裁统治的威胁。
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引用次数: 0
Responsible water management: International and national legal and strategic frameworks 负责任的水管理:国际和国家法律和战略框架
Pub Date : 2022-01-01 DOI: 10.5937/gakv94-40285
Mirjana Dokmanović
The subject of this paper is the international legal and political framework of the right to water and relevant regulations in the Republic of Serbia, and the focus is on the state's responsibility for water management in accordance with the realization of the common good. The starting point of the paper is the position that access to water is a human right and that water can be managed only by the state and exclusively in the general interest. The first part of the paper discusses the risks of marketization, privatization and commodification of water for the realization of the right to water and the protection of this vital natural and strategic resource. The second part summarizes the activities of the United Nations related to the recognition of the right to water as a basic human right and the obligations of states in this sense. The third part analyses the normative and strategic framework of the Republic of Serbia in this area from the perspective of the right to water and responsible state management. Deficiencies in terms of the compliance with international human rights standards and the risks that the current regulation can produce for the population, water resources and the state are pointed out. No effective instruments have been envisaged for the protection of water from pollution, nor against commodification and marketization, while the privatization of water and public companies in this area threatens the sovereignty of the state over its natural resources. The goal of the paper is to point out the importance of establishing national regulations that will ensure sovereign and responsible management of water resources and protection of the right to water.
本文的主题是塞尔维亚共和国水权的国际法律和政治框架以及相关法规,重点是根据实现共同利益,国家在水管理方面的责任。这篇论文的出发点是,获得水是一项人权,水只能由国家管理,并且只能出于普遍利益。本文的第一部分讨论了水的市场化、私有化和商品化对实现水权和保护这一重要的自然和战略资源的风险。第二部分总结了联合国在承认水权是一项基本人权方面的活动以及各国在这一意义上的义务。第三部分从水权和负责任的国家管理的角度分析塞尔维亚共和国在这一领域的规范和战略框架。指出了现行法规在符合国际人权标准方面的不足,以及对人口、水资源和国家可能产生的风险。没有设想有效的工具来保护水免受污染,也没有设想防止商品化和市场化,而这一领域的水和公共公司的私有化威胁到国家对其自然资源的主权。本文的目的是指出建立国家法规的重要性,这些法规将确保对水资源进行主权和负责任的管理,并保护用水权。
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引用次数: 0
The environment and criminal law instruments of protection: The norm and praxis of the Republic of Croatia 环境和刑法保护文书:克罗地亚共和国的规范和做法
Pub Date : 2022-01-01 DOI: 10.5937/gakv94-40707
Igor Vuletić
The paper provides a concise presentation of the main features of Croatian substantive criminal law as an instrument of social protection. The author describes the most important determinants of the general and special part of the Croatian Criminal Code, analyses the most important case law examples, points out selected theoretical controversies and positions of primarily Croatian but occasionally foreign theorists, and on such a basis expresses his opinions on the observed problems. On this foundation, the author draws a conclusion about how and to what extent Croatian criminal substantive law fulfils its social role in the context of existing social circumstances and needs.
本文简要介绍了克罗地亚作为社会保护工具的实体刑法的主要特点。作者叙述了克罗地亚刑法一般部分和特殊部分的最重要决定因素,分析了最重要的判例法例子,指出了主要是克罗地亚但偶尔是外国理论家的理论争议和立场,并在此基础上对观察到的问题发表了自己的意见。在此基础上,作者得出结论,克罗地亚刑事实体法如何以及在何种程度上在现有社会环境和需要的背景下履行其社会作用。
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引用次数: 0
The effectiveness of the domestic claims protection system for employees in the event of employer bankruptcy 雇主破产时对雇员的国内索赔保护制度的有效性
Pub Date : 2022-01-01 DOI: 10.5937/gakv94-33731
Tijana Kovačević
In this paper, the author analyses the ways in which the claims of employees in bankruptcy proceedings against their employer are protected. The first part of the paper discusses various modalities of protection that are applied alone or in combination with other means, all in order to provide a better protection framework for employees in bankruptcy. The central part of the paper is dedicated to the issue of the effectiveness of the Serbian protection system, which is measured by the number of settled claims of this type for creditors in bankruptcy proceedings, i.e. the number of upheld claims before the Solidarity Fund. In order to achieve the desired goal, it is necessary to place the protection of employees' claims in a broader context, which implies the harmony of the institutes of labour and bankruptcy law. As this is not the case in Serbia, the author points out a number of problems that arise in practice as a result, which were identified through interviews with employees of the Solidarity Fund and an analysis of reports on the work of this institution published since its establishment. At the very end, a comparative review shows that labour law mechanisms for the protection of employees are limited, and that, in that sense, expanding them to employers who have not initiated formal bankruptcy proceedings could be considered (with adequate adjustments). It is a unique theoretical proposal that deserves attention since the paper starts from the hypothesis that the system of protection of employees in terms of unsettled claims would be much more effective if they were more familiar with the work of the Solidarity Fund and if the way in which the Fund's work is organized was different.
在本文中,作者分析了在破产诉讼中雇员对其雇主的索赔得到保护的方式。本文的第一部分讨论了单独应用或与其他手段相结合的各种保护方式,所有这些都是为了为破产中的员工提供更好的保护框架。该文件的中心部分专门讨论塞尔维亚保护制度的有效性问题,这是用破产程序中债权人已解决的这类索赔的数量,即团结基金支持的索赔数量来衡量的。为了实现预期的目标,有必要将雇员索赔的保护置于更广泛的背景下,这意味着劳工和破产法研究所的协调。由于塞尔维亚的情况并非如此,发件人指出了因此在实践中产生的一些问题,这些问题是通过对团结基金雇员的访谈和对该机构自成立以来发表的关于其工作的报告的分析而查明的。最后,一项比较审查表明,保护雇员的劳工法机制是有限的,从这个意义上说,可以考虑将这些机制扩大到没有启动正式破产程序的雇主(经过适当调整)。这是一个值得注意的独特的理论建议,因为该文件从一个假设开始,即如果雇员更熟悉团结基金的工作,并且如果基金的工作组织方式有所不同,那么在未解决索赔方面保护雇员的制度就会有效得多。
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引用次数: 1
Non-competes in employment contracts: (Un)justified restrictions on the freedom to work 雇佣合同中的竞业禁止:对工作自由的合理限制
Pub Date : 2022-01-01 DOI: 10.5937/gakv94-36244
Mina Kuzminac
The author analyses the normative and practical aspects of non-competes as a labour law institute. The hypothesis presented in the paper is that although non-compete clauses should exist, there is a need to further limit the inclusion of such clauses in employment contracts (especially post-contractual non-competes), so that there would not be an unjustified limitation on the freedom to work. The aim of the paper is to present the advantages and disadvantages of non-competes from the (opposed) perspectives of the employer and employee, and to indicate which provisions in the Serbian legal framework should potentially be revised in order to avoid employers abusing non-competes in practice. The paper contains an analysis of the legal framework in Serbia and a brief overview of solutions from certain European Union member states which could be utilized as guidelines for amending Serbian legislation, as well as an analysis of the results of a survey conducted through a questionnaire which demonstrates that employees are not very familiar with non-competes. Finally, the author conducted interviews with respondents who have or have had non-competes in their employment contract. Based on the interviews, it was concluded that employees agree to the non-competes out of fear of not getting employed, despite believing that there is no justified basis for such a clause.
作者分析了竞业禁止作为一个劳动法机构的规范性和实践性方面。本文提出的假设是,尽管应该存在竞业禁止条款,但有必要进一步限制将此类条款纳入就业合同(特别是合同后的竞业禁止),这样就不会对工作自由造成不合理的限制。本文的目的是从雇主和雇员(对立)的角度提出竞业禁止的优点和缺点,并指出塞尔维亚法律框架中的哪些条款可能需要修订,以避免雇主在实践中滥用竞业禁止。本文对塞尔维亚的法律框架进行了分析,并简要概述了某些欧洲联盟成员国的解决方案,这些解决方案可作为修订塞尔维亚立法的指导方针,并对通过问卷调查进行的调查结果进行了分析,该调查表明雇员对竞业禁止并不十分熟悉。最后,作者对那些在雇佣合同中有或曾经有过竞业禁止条款的受访者进行了访谈。基于访谈,我们得出结论,员工同意竞业禁止条款是出于害怕找不到工作,尽管他们认为这一条款没有正当的依据。
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引用次数: 1
Transboundary issues and cooperation in the domain of environmental protection in the legislations of Croatia, Serbia, Montenegro and Bosnia and Herzegovina 克罗地亚、塞尔维亚、黑山和波斯尼亚-黑塞哥维那立法中环境保护领域的跨界问题和合作
Pub Date : 2022-01-01 DOI: 10.5937/gakv94-38993
D. Todić, J. Todić
The article discusses the normative framework of cooperation in the domain of environmental protection among four countries in the region of Southeastern Europe. One of the countries is an EU member (Croatia), two others have the status of a candidate country (Serbia, Montenegro), and the fourth one is in the process of receiving the status of a candidate country (Bosnia and Herzegovina). The introduction highlights the importance of transboundary issues in the domain of environmental protection and lays out the methodological remarks. The first part of the article is dedicated to the most significant international agreements of global, (sub)regional, and bilateral character on the basis of which these four countries have an obligation (and the right) to cooperate. In the second part of the article, we provide an overview of the most significant norms of domestic law in the domain of environmental protection (basic laws), which are related to transboundary issues and the obligation of cooperation among countries. The goal of the article is to establish the existence of the obligations of countries to cooperate in the domain of environmental protection. We consider the thesis that the obligation of cooperation among countries in solving transboundary issues is clearly recognized in the relevant international agreements and the character of that obligation should be interpreted in the context of specific rights and obligations of signatory states for each international agreement in its own right. The obligations (and rights) of cooperation are also prescribed in the domestic legislatures of all four countries and the differences could be interpreted on the basis of specific circumstances within each of them.
本文探讨了东南欧地区四个国家在环境保护领域合作的规范性框架。其中一个国家是欧盟成员国(克罗地亚),另外两个国家拥有候选国地位(塞尔维亚,黑山),第四个国家正在获得候选国地位(波斯尼亚和黑塞哥维那)。导言部分强调了环境保护领域中跨界问题的重要性,并列出了方法上的评论。文章的第一部分专门讨论最重要的全球、(分)区域和双边性质的国际协议,在这些协议的基础上,这四个国家有义务(和权利)进行合作。在文章的第二部分,我们概述了环境保护领域最重要的国内法规范(基本法),这些规范与跨境问题和国家间合作的义务有关。该条的目的是确立各国在环境保护领域进行合作的义务。我们认为,有关国际协定明确承认各国合作解决跨界问题的义务,这种义务的性质应在每项国际协定签署国各自的具体权利和义务的背景下加以解释。所有四个国家的国内立法机构也规定了合作的义务(和权利),这些差异可以根据每个国家的具体情况加以解释。
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引用次数: 0
Protection of flora and fauna in international and Hungarian law 在国际法和匈牙利法律中保护动植物
Pub Date : 2022-01-01 DOI: 10.5937/gakv94-40708
V. Vári, Zsigmond Csaba
The subjects of this analysis are normative acts and their practical applications in the protection of wild flora and fauna, that is, international and Hungarian regulations on the protection of nature. Naturally, the laws on protecting the environment are much wider in scope than the subject matter of this article, as they include the protection of the elements that constitute the environment as well as sanctions regarding behaviours related to waste disposal. In describing the regulations that protect the environment, we have primarily focused on analysing the criminal law situation. Then, we present the regulatory solutions of the European Union and international law in detail, with an accompanying analysis of the most important international organizations. The final part of this paper is dedicated to a description of the domestic organizations charged with processing criminal offences against the environment.
这一分析的主题是规范性行为及其在保护野生动植物方面的实际应用,即关于保护自然的国际和匈牙利条例。自然,关于保护环境的法律的范围比本条的主题要广泛得多,因为它们包括保护构成环境的要素以及对与废物处置有关的行为的制裁。在描述保护环境的法规时,我们主要侧重于分析刑法状况。然后,我们详细介绍了欧盟和国际法的监管解决方案,并对最重要的国际组织进行了分析。本文的最后一部分专门描述了国内负责处理环境刑事犯罪的组织。
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引用次数: 0
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Glasnik Advokatske komore Vojvodine
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