scholarly journals Problems with the execution of house arrest

2021 ◽  
Vol 93 (1) ◽  
pp. 190-232
Author(s):  
Marina Brašovan-Delić
Keyword(s):  
Subject Matter ◽  
Preventive Measures ◽  
House Arrest ◽  
Existing Problems ◽  
Criminal Sanctions ◽  
The Subject ◽  
The Republic ◽  
Alternative Sanctions

In the Republic of Serbia, out of all alternative sanctions, the courts have most often issued house arrest, in addition to a suspended sentence. Besides a review of the legislation governing the subject matter, the author attempts to point out the problems that the courts and trust agents encounter in practice when executing the sanction of house arrest. Inadequate application of the regulations governing the execution of house arrest, along with technical and personnel shortcomings faced by the Trust Agency of the Administration for the Execution of Penitentiary Sanctions in the Republic of Serbia, may lead to a partial or temporary inability to execute the sentence. By using the available statistics on imposed criminal sanctions, examining the opinions of the judges and the views of the trust agents, and evaluating data from other research conducted in this area, the author attempts to answer the question of whether and how the existing problems with house arrest in Serbia could be overcome. Eliminating the formal and technical deficiencies in the execution should demonstrate the extent to which the imposition of house arrest achieves the aims of general and special preventive measures, while bearing in mind that, in certain situations in practice, the sentence of house arrest remains unexecuted.

The Act on the National Cybersecurity System as an Implementation of the NIS Directive

2020 ◽  
Vol 12 (1) ◽  
pp. 179-193
Author(s):  
Tomasz Aleksandrowicz
Keyword(s):  
Information Systems ◽  
Legal System ◽  
Subject Matter ◽  
Critical Analysis ◽  
Scientific Literature ◽  
European Parliament ◽  
Basic Method ◽  
The Subject ◽  
The Republic ◽  
High Level

The article is devoted to the issue of the implementation of the Directive of the European Parliament and of the Council (EU) of 6 July 2016 on measures contributing to a high level of security of networks and information systems within the territory of the Union (the so-called NIS Directive) into the Polish legal system. In this context, the author analyses the Act on the National Cybersecurity System, presenting the system and its individual components. The subjects of consideration are the provisions of the Act on National Cybersecurity System of the Republic of Poland and other legal acts concerning the subject matter, which entered into force before the adoption of the analysed act. In conclusion, the author states that in some cases, it is necessary to amend individual legal acts in order to avoid ambiguities which lead to disruption of the system as a whole. The basic method used in this article is legal dogmatics and critical analysis of the scientific literature, documents and opinions of experts—practitioners.

scholarly journals Responsibility in the employment relationship: Distinctive features of disciplinary liability in the general and special employment relations regime

2020 ◽  
Vol 59 (89) ◽  
pp. 285-301
Author(s):  
Slobodanka Kovačević-Perić
Keyword(s):  
Subject Matter ◽  
Civil Servants ◽  
Employment Relationship ◽  
Legal Responsibility ◽  
Collective Agreement ◽  
Employment Relations ◽  
Distinctive Features ◽  
The Subject ◽  
The Republic ◽  
Labour Legislation

Establishing an employment relationship involves acquiring or assuming certain rights, duties and responsibilities for both parties in the employment relationship, in accordance with the law, the collective agreement, the employer's general administrative acts, and the employment contract. An employment relationship involves not only the parties' rights and duties but also their responsibility. Responsibility can be of legal and non-legal nature. Legal responsibility (liability) is of greater importance for the employees. On the whole, legal responsibility may be disciplinary, material, administrative (for misdemeanors), economic (for economic offenses) and criminal in nature. The subject matter of labour law includes only disciplinary and material liability of the employee, while other types of legal responsibility are the subject matter of other legal disciplines. Although the former labour legislation of the Republic of Serbia regulated the disciplinary liability of the employees in detail, such practice has been completely abandoned in the new Labour Act, which only regulates the summary dismissal procedure. Unlike the Labour Act, the Civil Servants Act contains numerous provisions on the disciplinary and material liability of civil servants. This Act also regulates procedural issues regarding the rules for initiating and conducting a disciplinary proceeding, entering disciplinary sanctions in or removing them from the personnel files, etc. In this paper, the author analyzes disciplinary liability by examining the specifics of substantive and procedural norms for establishing this form of liability in the general and special employment relations regime. From the aspect of the rule of law, the author provides a critical analysis of such legislative solutions and considers their legal justification.

scholarly journals Sentencing and enforcement of the prison sentence served in the premises where the convicted person resides: The so-called house arrest

2020 ◽  
Vol 54 (3) ◽  
pp. 999-1022
Author(s):  
Dragiša Drakić ◽  
Ivan Milić
Keyword(s):  
Criminal Code ◽  
Criminal Sanction ◽  
Prison Sentence ◽  
Criminal Proceedings ◽  
House Arrest ◽  
Criminal Sanctions ◽  
Penal Institution ◽  
Long Time ◽  
Legal Position ◽  
The Republic

The rule that convicted persons serve their sentences exclusively in prisons has not been valid in the Republic of Serbia for a long time. Prison sentences may also be executed in the premises where the convicted person resides. Such a solution is introduced by the 2009 Law on Amendments and Supplements to the Criminal Code. The Criminal Code does not prescribe the punishment of a prison sentence served in the premises where the convicted person resides as a special punishment. Instead, the offender is sentenced to imprisonment, which is then executed in the premises where he lives. In criminal proceedings, the court is obliged to individualize the criminal sanction in a way that takes into account objective and subjective circumstances - the circumstances relating to the committed crime and its perpetrator. There are such perpetrators who it is necessary to sentence to prison, but who should not be sent to a penal institution. The prison sentence may also be served in premises where they reside (with or without electronic surveillance). Although, in a legally-binding sentence, the accused is sentenced to imprisonment in a penal institution, this does not necessarily mean that he will be placed into a penal institution to serve his sentence. The amendments and supplements of the Criminal Code leave an "opportunity" for the convict to serve his sentence in the premises where he resides, if the prescribed conditions are met. This is only a possibility which may be decided on by the judge in charge of executing criminal sanctions. If it is decided that the convicted person shall serve his sentence in the premises where he resides, the next step is the execution of the sentence. Not all convicted persons who are serving their sentence in this way are in the same legal position, as there is individualization in the process of executing a sentence as well. This difference is apparent, above all, in the amount of time that a convict is allowed to spend outside of the premises in which he resides. The focus of the authors' attention is precisely the punishment of imprisonment served in the premises where the convict resides (the so-called house arrest). The authors deal with material aspects and aspects of execution of the sentence. This paper focuses, among other matters, on the conditions for sentencing, models of execution of the sentence and the legal position of the convicted person while serving his sentence.

التدابير الوقائية والاحترازية للحد من الحوادث المرورية في الشريعة الإسلامية (Preventive and Precautionary Measures In Limiting The Traffic Accident In Islamic Law)

1970 ◽  
Vol 13 (2) ◽  
pp. 59-82
Author(s):  
عارف علي عارف القره داغي ◽  
ئاوات محمد آغا بابا
Keyword(s):  
Subject Matter ◽  
Traffic Accident ◽  
Traffic Accidents ◽  
Islamic Law ◽  
Preventive Measures ◽  
Inductive Method ◽  
Pure Gold ◽  
The Subject ◽  
Blood Money ◽  
Precautionary Measures

الملخّص يتعلق هذا البحث بموضوع التدابير الوقائية والاحترازية للحد من الحوادث المرورية في الشريعة الإسلامية، في العصر الحاضر، لكثرة وقوعها، والحاجة إلى الحد منها وتقليلها، وذلك بوضع تدابير وقائية واحترازية من خلال النصوص الشرعية المتعلقة بحرمة إيقاع الضرر، وحرمة إيذاء الناس في الطرقات، ومن خلال النصوص التي تحث على إماطة الأذى عن الطريق، وكذلك من خلال ما يترتب من مسؤولية على من أحدث ضررًا بالناس في الطرقات؛ من عقوبات وضمانات. وذلك من خلال استخدام المنهج الاستقرائي: حيث يتم من خلاله جمع النصوص المتعلقة بالتدابير الوقائية والاحترازية للحد من الحوادث المرورية، لتجلية معالم الموضوع. والمنهج الوصفي: وذلك بدراسة شروط استخدام الطرق وآداب الارتفاق بها، ودراسة ما يترتب على الحوادث المرورية، من حيث العقوبات والتعويضات بالنسبة للقتل والجروح. وقد توصلت الدراسة إلى أنَّ الشريعة الإسلامية قد اعتمد على منهجين للحد من الحوادث المرورية: منهج قبل وقوع الحادث، وهو ما يسمى بالتدابير الوقائية المتمثلة بتنظيم الطرق وآداب الارتفاق بها، ومنهج بعد وقوع الحادث، وهو ما يسمى بالتدابير الاحترازية المتمثلة بالردع عن طريق العقوبات المترتبة على القتل ومن ضمنها عقوبة الكفارة، والتي تشمل تحرير إنسان من العبودية في حالة وجوده، أو صيام شهرين متتابعين. وأيضًا التعويضات المترتبة على القتل والجرح وتسمى بالدية التي هي مبالغ باهضة تُعطى للمجني عليه، أو ورثته. وقد قُدِّر دية القتل الخطأ بألف دينار من الذهب والتي تساوي (4.250) جرامًا من الذهب الخالص عيار (24). وقد حدد الشرع للجنين أيضًا دية ومقدارها بالذهب (213) مائتان وثلاثة عشر جرامًا من الذهب، بالإضافة إلى ديات الجروح. الكلمات المفتاحية: الدِّية، حوادث المرور، التدابير الوقائية، التدابير الاحترازية، الحد من حوادث المرور.   Abstract This research deals with the subject matter of preventive and precautionary measures to limit the traffic accidents in the contemporary time because of its frequent occurrences, according to the Islamic law. The research deals with the need for its limitation by putting down the preventive and precautionary measures derived from the legal texts related to prohibition of causing harm to people on the roads. This comes through the texts and religious literatures which urge removing harmful thing on the pathway, and by elucidating the responsibilities of the one who caused harm to the people on the road in terms of punishment and liabilities. This is done through inductive method in which the texts and literatures concerning the topic are extracted in order to present the peculiarity of the subject matter; and through descriptive method by studying the terms and conditions of the road’s utilization and what arises from traffic accident punishment and compensation concerning killing and injuries. The study realizes that Islamic law recons on two approaches in order to reduce traffic accidents: before the accident, designated as preventive measures. This comprises of road regulations and its utilization etiquettes. The approach after the accident designated as protective measures involves penalties arising from killing such as penalty of atonement (KaffÉrah) which includes freeing a slave (if available), or two months continuous fasting. Moreover, compensation also arises for killing or injury caused by accident and this is known as blood money which normally is huge money paid to the victim or his/her heirs. The estimation of blood money for unintentional killing is 1000 Dinar which is equivalent to 4.250 g. of pure gold (24 carat gold). Islamic law has also determined blood money for embryo a proportion of about 213 g. of pure gold in addition to the atonements of the injuries. Keywords: Blood money, Traffic accidents, preventive measures, Precaution measures.

scholarly journals Training and educational work in the Territorial Defense Force

2019 ◽  
Vol 193 (3) ◽  
pp. 514-528
Author(s):  
Jan Pilżys
Keyword(s):  
Subject Matter ◽  
Armed Forces ◽  
Organizational Structures ◽  
Educational Process ◽  
Territorial Defense ◽  
Educational Work ◽  
Condensed Form ◽  
New Type ◽  
The Subject ◽  
The Republic

In connection with the establishment of a new type of troops in the Armed Forces of the Republic of Poland – the Territorial Defense Force (TDF, Polish abbrev. WOT), the author has decided to approximate the issue of their training. He brought closer the guidelines regarding the organizational structures of the Territorial Defense Force and the selec-tion of commanders and lecturers, the requirements that training and educational work should meet, as well as the theoretical-cognitive and methodological solutions and the reasons for their application. When answering the above questions, the author addressed only some issues in this field, in a condensed form that is necessary for the preparation and implementation of the training and educational process in the di-dactic system of the Territorial Defense Force. The purposeful and well thought narrowing of the subject matter by the author does not neces-sarily mean abandoning the cognitive ambitions of creating the TDF in the context of military and social reality.

scholarly journals Alternative sanctions and new legislation in the Republic of Serbia

Temida ◽  
2006 ◽  
Vol 9 (1) ◽  
pp. 55-59 ◽  
Author(s):  
Natasa Mrvic-Petrovic
Keyword(s):  
Community Service ◽  
Criminal Procedure ◽  
Criminal Sanctions ◽  
Procedure Code ◽  
Conditional Sentence ◽  
The Law ◽  
The Republic ◽  
Alternative Sanctions

The author is particularly emphasizing peculiarities of the provision on community service as a main penalty (which is foreseen together with the fine and the prison). This solution requires not only the profound regulations in the Law on the execution of the criminal sanctions, but also a careful creation of the by-laws. In the paper, particular attention is paid to the new solutions in the Law on the execution of the criminal sanctions, which aim is to enable the implementation of the community service and the conditional sentence with the protective surveillance. The author states that previous changes of the Criminal Procedure Code, which introduced the principle of opportunity in prosecuting, made a basis for taking victim?s interests related to the redress more into account while starting the prosecution. However, the possibility of using the redress as a basis for the elimination/diversion of the criminal procedure is still not used in an appropriate way in the practice.

scholarly journals The President of Poland’s immunity in criminal matters

2021 ◽  
pp. 76-99
Author(s):  
Michał Mistygacz
Keyword(s):  
Subject Matter ◽  
National Assembly ◽  
The Subject ◽  
The Law ◽  
The Republic ◽  
Constitutional System ◽  
Criminal Matters

The issue analysed by the author is that of the institution of Presidential immunity pertaining to the President of the Republic of Poland, and operating in such a way that a sitting President cannot be held criminally liable before a common court for acts tantamount to offences. Inclining towards the essence of this solution and its consequences when it comes to respect for constitutional principles of legalism and equality before the law, the author at the same time seeks to assess the completeness of the provisions in effect in Poland, in so doing identifying a lack of clear directives as to how a former President (i.e. one who has left office) is to be held criminally liable. The conclusion reached by the author can be said to boil down to a recognition that the liability of a former President before Poland’s Tribunal of State for offences or crimes committed is of an accessory nature where common courts are concerned, with the condition underpinning recognition of the Tribunal’s primacy in matters of jurisdiction being the National Assembly’s adoption of a Resolution holding a former President liable constitutionally, and potentially at the same time initiating action in respect of given offences. Any lack of such a National Assembly Resolution must give rise to a particular kind of reactivation – in respect of the former President – of jurisdiction in the dispensing of justice by common courts, given the fact that one of the negative procedural premises has ceased to be non-applicable. Thus, unlike in the case of a President still holding office, the cognition of the Tribunal of State in relation to a former President is neither exclusive nor automatic. Such observations have also stimulated work by the author to develop de lege ferenda postulates regarding the subject matter, as set against the wider background of Poland’s political and constitutional system.

scholarly journals Sanksi Pidana bagi Pelaku Penyelundupan Imigran Gelap

2020 ◽  
Vol 1 (2) ◽  
pp. 255-259
Author(s):  
Anak Agung Ngurah Alit Bramandhita ◽  
I Wayan Arthanaya ◽  
Ni Made Sukaryati Karma
Keyword(s):  
Illegal Immigrant ◽  
Illegal Immigrants ◽  
Data Sources ◽  
Legal Research ◽  
Criminal Sanctions ◽  
Transit Country ◽  
Deductive Method ◽  
The Subject ◽  
The Republic ◽  
Explanatory Information

The smuggling of illegal immigrants in Indonesia is an old problem, compounded by the situation in which people smuggling is carried out by Indonesian citizens themselves. The weak law regarding smuggling of illegal immigrants owned by Indonesia has made Indonesia no longer a transit country, but has become a smuggling destination country. Illegal immigrant smuggling can be defined as an activity that has the aim of making a profit, by bringing illegal foreigners to enter Indonesian territory. This study aims to determine the application of the illegal immigrant smuggling crime in Indonesia and to know the criminal sanctions against the illegal immigrant smugglers. This type of research used in this research is normative legal research using the literature review method in finding legal material. The data sources are Primary Legal Materials, which are binding legal materials, namely the 1945 Constitution of the Republic of Indonesia, the RKUHP in Chapter XXII of human smuggling, the Law concerning. The data was collected by means of a documentation study which was carried out by reading and recording the explanatory information obtained. The materials that have been collected are then processed using the inductive deductive method or vice versa, in order to obtain quality legal materials in accordance with the subject matter discussed which in the end the processing will be presented descriptively. The results show that the illegal immigrant smuggling crime is regulated in Article 120 of Law Number 6 of 2011. Then, the perpetrator of the illegal immigrant smuggling crime will be imprisoned for a minimum of 5 (five) years and a maximum of 15 (fifteen) years with a minimum fine of five hundred million rupiah and a maximum of one billion five hundred million rupiah.

scholarly journals Salaries of Healthcare Professionals in the Republic of Croatia

2020 ◽  
Vol 13 (2) ◽  
pp. 105-122
Author(s):  
Ante Klarić ◽  
Marina Švaganović ◽  
Miran Cvitković
Keyword(s):  
Healthcare Professional ◽  
Subject Matter ◽  
Employment Status ◽  
Healthcare Professionals ◽  
Human Values ◽  
Public Servants ◽  
Governmental Regulation ◽  
The Subject ◽  
The Republic ◽  
The Individual

Salaries of healthcare professionals in the Republic of Croatia are regulated by a series of laws and regulations. A series of regulations defining the salaries and substantive rights of healthcare professionals cannot provide a clear, uniform and complete approach to regulating the subject matter of the law. In addition to the aforementioned issues of employment status, healthcare professionals originate from a standard that is similar and common to all public servants. In doing so, the legislature does not differentiate between a healthcare professional and his profession from an activity that deals with the protection of fundamental human values: the life and health of the individual. It is these core values that should inform not only governmental regulation of salaries and wages but also all other substantive rights, as a pledge for the smooth performance of such a highly responsible service through a clear, unambiguous and norm to precise them.

scholarly journals Revitalization of Moldovan alivanca: traditions and preparation experiences

2021 ◽  
Author(s):  
Coralia Babcenco ◽  
◽  
Viorica Cazac-Scobioala ◽  
Olga Alcaz ◽  
Eugenia Covaliov ◽  
...  
Keyword(s):  
Subject Matter ◽  
Large Scale ◽  
Cattle Breeding ◽  
Republic Of Moldova ◽  
Scale Range ◽  
The Subject ◽  
The Rich ◽  
The Republic ◽  
National Cuisine ◽  
In The Mists

Moldovan cuisine is a real treasure with tasty miracles, where the hearty soul of our people rules. These are the dishes generously and proudly served to all guests, who want to get familiarized with our country and culture. Moldovan cuisine is a part of the culture of the Republic of Moldova. Its diversity is due to the rich natural opportunities of our country. Grapes, fruit, vegetables, cattle breeding and aviculture – all such riches are successfully used in national cuisine. If speaking about traditional cuisine, we cannot but mention such dishes as Moldovan cozonac (sweet leavened bread), Moldovan pasca (Easter bread), sarmale (stuffed grape leaves or stuffed cabbage), zeama de gaina (sour chicken soup), alivanca (custard tart), Moldovan turta (cake), turta cu mac (poppyseed cake), and so on. The traditional dishes of the Republic of Moldova, which were forgotten in the mists of time, are the subject-matter of interest in this thesis paper, since they are less studied but still very valuable. The realized onsite study allowed us stating the existence of a large-scale range of recipes of alivanca, i.e. a peasant dessert, which is specific to Moldova, including: custard tart with sheep cheese (branza), custard tart with whey cheese (urda), custard tart with pork rinds (jumari), custard tart with dill and bunch onion, custard tart with nettle, custard tart with stevia, custard tart with garden orache, custard tart with chervil, custard tart with pumpkin, sweet custard tart.

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