Ewolucja pozycji ustrojowej Prezydenta w konstytucjach Litwy w okresie międzywojennym

2021 ◽  
Vol 2(163) ◽  
pp. 83-103
Author(s):  
Martinas Malužinas
Keyword(s):  
Interwar Period ◽  
Applied Research ◽  
Comparative Method ◽  
Legal Analysis ◽  
Coup D'etat ◽  
Political Situation ◽  
Historical Method ◽  
Legal Provisions ◽  
Authoritarian Government ◽  
The Republic

This article is focused on the evolution of the constitutional position of the President of Lithuania in the Lithuanian Basic Laws. The analysis concerns the regulations of the three Lithuanian Basic Laws of the interwar period (of 1922, 1928 and 1938), two of which were an attempt to legitimize the political situation after the coup d’état against the constitutional government of the Republic of Lithuania in 1926 and also to implement the authoritarian government of President Antanas Smetona. The article also assesses the most important legal provisions concerning the constitutional position of the President, as well as compares the Lithuanian constitutional provisions with constitutions of other countries, primarily with the Polish Constitution of 1935. The research goals have been achieved thanks to the applied research methods, especially the comparative method, supplemented with the historical method and the method of institutional and legal analysis, which is used to analyse normative acts elaborated by legal bodies.

scholarly journals Restriction of Competition After Termination of Employment Relationships

2021 ◽  
Vol 14 ◽  
pp. 158-182
Author(s):  
Annija Kārkliņa ◽  
Keyword(s):  
Applied Research ◽  
Comparative Method ◽  
Case Law ◽  
Legal Framework ◽  
Professional Activity ◽  
The European Union ◽  
Labour Law ◽  
Employment Relationships ◽  
Historical Method ◽  
The Republic

The article analyses a legal instrument of restriction on competition after termination of employment relationships. The Labour Law of the Republic of Latvia (hereinafter – Labour Law) governs the restriction on professional activity under Articles 84 and 85. The article views the goal of restriction on competition, agreement forms, validity preconditions, including notions of professional activity and adequate compensation, term of restrictions, applicability preconditions, legal framework of responsibility where the restriction has been violated and reinforcements of liability. The article also outlines parties’ rights to unilateral withdrawal from an agreement to restrict competition. with the applied research methods include analytic method (by analysing the legislation and case law), comparative method (comparing regulation of competition restriction in different Member States of the European Union), and an insight was provided into development of regulation of restriction on competition by virtue of historical method.

scholarly journals The right to offset the claims in accordance with the law on bankruptcy of the Republic of Serbia and in the region

2021 ◽  
pp. 119-138
Author(s):  
Vladimir Vrhovšek ◽  
Vladimir Kozar
Keyword(s):  
Bankruptcy Law ◽  
Legal Analysis ◽  
Legal Practice ◽  
Legal Provisions ◽  
Legal Consequence ◽  
The Law ◽  
The Republic ◽  
Business Entities ◽  
The Right ◽  
Legal Compensation

This article discusses a concept of legally permitted and limited offsetting in bankruptcy according to the law of the Republic of Serbia, with comparison to earlier regulations where the offsetting occurred by the force of law, as the legal consequence of initiating bankruptcy proceedings. Legal provisions, legal practice, opinion of the jurisprudence on general and special terms about the right to offset the claims in bankruptcy in the Republic of Serbia, as well as in the countries in the region, have been presented. Relevant legal solutions from laws on bankruptcy of Montenegro, Republic of Srpska, Republic of Croatia, and the Republic of Slovenia have been reviewed. Offsetting claims in bankruptcy proceedings are in principle allowed in regional countries as well. Regarding the effect of bankruptcy on the right to offset the claims, there is a great similarity among the legal solutions in regulations of above mentioned countries, except for the Republic of Slovenia. The Republic of Slovenia retained the broadest concept of legal compensation as a legal consequence of initiating bankruptcy proceedings, which constitutes an important difference compared to restrictive solutions of the Serbian bankruptcy law and regional legislation. This article aims to show to the business entities operating in the region, through comparative legal analysis, different conditions and procedure of offsetting in bankruptcy in national legislation, bearing in mind the importance of this legal institution, which allows the creditors to fully collect their claims outside the bankruptcy payment lines, and regardless of the number of available funds in the bankruptcy estate.

Democratic Stability and Instability: The French Case

1965 ◽  
Vol 18 (1) ◽  
pp. 127-157 ◽  
Author(s):  
Eric A. Nordlinger
Keyword(s):  
Interwar Period ◽  
Political System ◽  
French Politics ◽  
Coup D'etat ◽  
Stability And Instability ◽  
French Case ◽  
The Republic ◽  
To Come ◽  
Democratic Stability ◽  
Constitutional Monarchy

The outstanding characteristic of the French political system is its historical instability. Constitutional monarchy was overthrown by a revolution, replaced by a republic, which in turn quickly evolved into a dictatorship, and when it too was dismissed by an armed uprising, the interminable squabbles among the monarchist factions allowed another republic to come into existence by default. But for an “accident” of history this republic too would have given way to a dictatorship through the bloodless medium of the coup d'état, but while the republic tottered on in the interwar period the life-span of its governments was calculated in terms of months rather than years, and with its “collapse” under the coup de grâce of military defeat a new dictatorship immediately sprang up to take its place, to be succeeded by another republic lasting for thirteen years amid constantly recurring cabinet crises, then falling in the wake of an eminently successful revolution, out of which emerged the present regime. Here we have what sociologists might label the “institutionalization of instability”, interpreted by a number of leading writers on French politics as the product of a deep-seated conflict between the “two Frances”, whether these two political subcultures are viewed as the parties of mouvement and of I'ordre établi, or as the “administrative and representative traditions.”

scholarly journals The disintegration of Yugoslavia and the Soviet Union: Similarities and differences

Napredak ◽  
2021 ◽  
Vol 2 (3) ◽  
pp. 31-44
Author(s):  
Branko Krga
Keyword(s):  
Soviet Union ◽  
Comparative Method ◽  
Historical Method ◽  
The Soviet Union ◽  
Content Analysis Method ◽  
Key Factor ◽  
Specific Factors ◽  
The Russian Federation ◽  
Similarities And Differences ◽  
The Republic

The aim of this paper is to consider the important factors in the disintegration of the Socialist Federal Republic of Yugoslavia (hereinafter SFRY) and the Union of Soviet Socialist Republics (hereinafter USSR). The basic assumption is that there is a certain correlation, i.e., similarities and differences between the two processes. During the research of this question, standard methods were applied, such as analysis, synthesis, the historical method, comparative method, and the content analysis method, and in a sense, modeling or searching for a way to avoid the problems our country has faced over the past decades. Research has shown that this topic is still important for at least three reasons. First, it is obvious that the breakup of the SFRY and the USSR caused significant and multifarious problems in those countries, their successors, and beyond. Secondly, the security of these regions is still unstable and almost none of the problems that led to the conflicts of the 1990s and the disintegration of these countries have been completely resolved. Third, the Republic of Serbia and the Russian Federation, the main successors of the two countries, continue to experience risks and threats to their international position, defense, and security. Although the research showed that there is a certain correlation between the two processes - the disintegration of the SFRY and the USSR, it is obvious that this was not the key factor that led to the destruction of these two complex states, but that in both cases certain specific factors were decisive.

scholarly journals TRENDS OF LEGAL EDUCATION REFORM IN LATVIA

2018 ◽  
Vol 1 ◽  
pp. 113
Author(s):  
Artūrs Gaveika
Keyword(s):  
Education Reform ◽  
Comparative Method ◽  
Legal Education ◽  
Education Reforms ◽  
Legal Analysis ◽  
Legal Adviser ◽  
Study Programs ◽  
The Republic ◽  
The Impact

In 2015 the Ministry of Justice of the Republic of Latvia initiated reform of legal education in Latvia in order to achieve higher quality of legal education. As the most appropriate reform tool to solve this problem, a single lawyer qualification examination and the elimination of the profession of legal adviser were adopted. At the beginning of these reforms, there was no detailed study of the reasons for the lack of quality in legal education and was not audited the study programs of the relevant higher education institutions. The quality of legal education in Latvia has become a subject of public discussion for a considerable amount of time. In 2017, the Rezekne Academy of Technologies was forced to start new study programs development due to elimination of the profession of legal adviser and to create additional opportunities for student quality education in connection with the implementation of a single lawyer's professional qualification examination. The article is dedicated to issues and perspectives of legal education reforms. The study used: the method of legal analysis, studying the progress of legal education reforms, requirements of regulations in the context of the topic and analyzing the quality of legal profession standards and compliance of society, the national economy needs and the impact on the content of study programs in RTA and other higher educational institutions. The comparative method has been used to find out and compare the opinions of experts - employers, university lecturers and students, including RTA students.  

scholarly journals The Effect of the ‘China Factor’ on Taiwan’s Media System Security as an Example of the ‘Privatization and Outsourcing’ of Censorship and Propaganda in the Digital Age

2019 ◽  
pp. 353-365
Author(s):  
Jędrzej Skrzypczak
Keyword(s):  
Historical Background ◽  
Legal Analysis ◽  
Social Phenomena ◽  
Main Hypothesis ◽  
Republic Of China ◽  
Historical Method ◽  
Political Transformations ◽  
Media System ◽  
The Republic ◽  
Deliberate Strategy

The study aims to examine the security of Taiwan’s media system. Its main hypothesis is that the People’s Republic of China is pursuing a deliberate strategy of influencing Taiwan’s media at various levels by a range of means. Some authors refer to this approach as the commercialization and outsourcing of censorship and propaganda. The approach has had the effect of routinizing self-censorship. Research questions are also asked about the methods and strategies adopted by China to influence Taiwan’s media, including the commercialization and outsourcing of propaganda. The idea is to ‘hire’ various state institutions and agencies or their subordinate organizations, commonly from the private sector and from third countries, to deliberately disseminate and endorse views and ideas aligned with China’s interests. The strategy can be described as an invasion of sorts that is not of a coercive and/or external nature but rather is performed from the inside, aimed directly at the hearts and minds of the country’s citizens. The paradox is that democratic media systems that protect freedom of speech are more vulnerable to this strategy. An attempt is made to demonstrate that the ‘China factor’ is increasingly present in Taiwan’s media landscape. Its effectiveness may have grave consequences not only for the me- dia system itself but also for the political system of the Republic of China (Taiwan) in general. In addition, the article seeks to identify the most appropriate and effective strategies and means for countering and combatting such threats. In drafting this article, a range of research methods were employed, including that of inductive and deductive inference, the historical method (used to outline the historical background behind significant social and political transformations in Taiwan), the institutional and legal analysis method (used to explore the influence of institutions on specific social phenomena), the legal text exegesis method as well as the statistical method (to describe Taiwan’s media system).

scholarly journals Reforming of the Judicial System of Kosovo based on the Law no. 03/L-199 on Courts and its challenges

2014 ◽  
Vol 4 (1) ◽  
pp. 249
Author(s):  
Dr.Sc. Azem Hajdari ◽  
MSc. Shpresa Ibrahimi ◽  
MSc. Albulena Hajdari
Keyword(s):  
Public Opinion ◽  
Comparative Method ◽  
Judicial System ◽  
The Public ◽  
Historical Method ◽  
Analysis And Synthesis ◽  
The Law ◽  
The Republic

Law no. 03/L-199 on Courts1 represents a law of significant importance which regulates the organisation, functioning and jurisdiction of courts of the Republic of Kosovo. This law has made numerous reforms in the judicial system of the country. It has set the bases of a modern and sustainable judicial system. In fact the Law on Courts in addition to having changed the judiciary of Kosovo in the aspect of organisation, it has opened the paths in the aspect of ensuring an efficient functioning thereof. Moreover, this law has repealed the application of the Law of former SAP of Kosovo on Regular Courts which in some aspects did not correspond to the trends of contemporary developments in this field. Law on Courts in its solutions embeds the bases of an independent and impartial justice, further on being multiethnic, non-discriminatory, efficient and in principle having an advanced approach of the opportunity for the public opinion to follow the judicial activities. Consequently, within this work, the background of the development of judicial system in Kosovo shall be discussed, some aspects of its reforming and challenges currently the judicial system of the country faces.In the course of preparation of this work, legal-historical method has been applied, the dogmatic method too, method of comparison and the method of analysis and synthesis. Through the legal-historical method, the manner of organisation and activity of the judicial system in Kosovo has been reflected covering the time of Turkish rule up to 2013 basing it on the laws and the Albanian customary law.The dogmatic method has helped on reflecting the manner of organisation and activity of the judicial system in Kosovo, viewing it in the context of regulating these matters through the Law on Courts presently applicable.The comparative method has reflected the features of the new judicial system in Kosovo and a comparison has been undertaken to the characteristics of earlier judicial system. The method of analysis and synthesis has been applied to elaborate in detail specific articles of the Law on Courts, they were commented and in some cases concrete proposals have been given for solution, considered as advanced.

Parlament Białorusi – kompetencje w obszarze polityki zagranicznej

2019 ◽  
Vol 2 ◽  
pp. 141-155
Author(s):  
Łukasz Staśkiewicz
Keyword(s):  
Foreign Policy ◽  
International Relations ◽  
Comparative Method ◽  
Legal Aspects ◽  
Legal Analysis ◽  
National Assembly ◽  
Multilateral Cooperation ◽  
Legislative Authority ◽  
Bilateral Cooperation ◽  
The Republic

The National Assembly of the Republic of Belarus as legislative authority representation mainly plays a legislative role. However, both Chambers of the Belarusian Parliament are also involved in the process of implementing the country foreign policy. They perform it through the activities within the framework of multilateral cooperation or bilateral cooperation. They consider legislative issues related to international agreements or the approval of foreign policy orientations. The presentation of the above issue required an analysis of the Belarusian Parliament constitutional status in the context of international relations, as well as normative acts that regulate the political and legal aspects of activities in the discussed area. Therefore, an institutional and legal analysis, as well as a comparative method were mainly used. The analysis of legal bases of the Belarusian Parliament activities within the framework of foreign policy allowed to present the aspects related to the organisation of these activities, as well as to characterise competence, and to assess the Parliament role within this area. The results of the carried-out studies showed that the position of the National Assembly in foreign policy, despite its entitled competence, is small or not fully exploited.

scholarly journals PLATONO POLITINIŲ IDĖJŲ RECEPCIJA XX A. PIRMOSIOS PUSĖS LENKIJOS FILOSOFIJOJE

Problemos ◽  
2012 ◽  
Vol 81 ◽  
pp. 124-130
Author(s):  
Tomasz Mroz
Keyword(s):  
World War Ii ◽  
World War I ◽  
Interwar Period ◽  
World War ◽  
Political Situation ◽  
Political Ideas ◽  
Polish Philosophy ◽  
The World ◽  
The Republic

Straipsniu siekiama parodyti, kad Lenkijos mokslininkų požiūris į Platono politines idėjas priklausė nuo politinės situacijos Lenkijoje ir Europoje. Apžvelgiami trijų laikotarpių tekstai. Prieš Pirmąjį pasaulinį karą vyravo entuziazmas Platono politinių idėjų atžvilgiu. Tarpukariu entuziazmas išblėso ir utopinis Valstybės projektas buvo laikomas neįgyvendinamu. Po Antrojo pasaulinio karo Platono projektą neigiamai vertino tiek totalitarizmo ir komunizmo kritikai, tiek marksistai. Pirmieji komunizmą manė esant Platono idėjų realizaciją, o antrieji Platoną laikė demokratinės sitemos priešu.Pagrindiniai žodžiai: Platonas, Valstybė, Platono recepcija, Lenkijos filosofija.On the Reception of Plato’s Political Ideas in Polish Philosophy of the First Half of the Twentieth CenturyTomasz Mroz SummaryThe main purpose of this paper is to prove that the attitude towards Plato’s political ideas among Polish scholars depended on political situation of Poland and Europe. Selected works of three periods are under examination. Before the World War I the enthusiasm towards Plato’s political ideas prevailed. In the interwar period the enthusiasm waned and the utopian project of the Republic was considered as impossible to be carried out. After the World War II Plato’s project was negatively evaluated by the opponents of the totalitarianism and communism as well as by the Marxist philosophers. The former considered communism to be a fulfillment of Plato’s ideas, the latter thought of Plato as an enemy of the democratic system.Key words: Plato, Politeia, Plato reception, Polish philosophy.

scholarly journals Dialog regionalny między Unią Europejską i Rosją jako instrument rozwoju współpracy dwustronnej

2021 ◽  
pp. 233-250
Author(s):  
Valentina Prudskaya
Keyword(s):  
European Union ◽  
Regional Integration ◽  
Regional Cooperation ◽  
Comparative Method ◽  
Legal Analysis ◽  
The European Union ◽  
Historical Method ◽  
International Projects ◽  
Intercultural Interactions ◽  
Administrative Units

International dialogue between regions has a strong influence on the development of political relations, economic integration and intercultural interactions. The European Union and Russia are the closest neighbours. International links between regions and regional integration play an important role in their relations. The aim of the article is to analyse the evolution of relations between the European Union and Russia in 1994–2019 within the regional dialogue as an instrument allowing for creating new opportunities for the development of bilateral cooperation. The following methods were used during the research: institutional and legal analysis, historical method, comparative method, desk research. Regional dialogue has been analysed in terms of legal basis, as well as directions and forms of development of cooperation in this area. It can be concluded that the most common forms of cooperation in the analysed period were the following: cross-border cooperation, between regions without a common border, between administrative units on the basis of partnership, dialogue within Euroregions, and regional cooperation within international projects.

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