Kryminalizacja finansowania terroryzmu w świetle przepisu art. 165a kodeksu karnego. Część 1

Progressing globalization, ease of movement and the pace of information flow undoubtedly have intensified the threat of an important social problem — terrorism. An key instrument of combating terrorist activity is counteracting its financing. This article will analyze the crime of financing terrorism, which has been typified in Art. 165a of the Polish Criminal Code. An attempt will be made to answer the question of whether the legislative measures taken in the above-mentioned scope are purposeful, necessary and justified. The genesis of the current legal regulations in the field of counteracting the financing of terrorism in the Polish penal code will be also presented.

Implementation of the EPPO Regulation from the Slovak Perspective

Nowadays, 22 Member States are participating in enhanced cooperation for establishment of the European Public Prosecutor's Office. Due to the fact that the establishment and exercise of powers of the European Public Prosecutor's Office significantly changes the current concept of EU criminal law, it was necessary for the participating Member States to adapt to this change. To ensure effective application of the Regulation in practice, the Member States had to adopt different implementing measures. As in other Member States, also the national authorities of the Slovak Republic needed to consider necessary legislative measures ensuring effective application of the EPPO Regulation for the purpose of investigating and prosecuting criminal offences affecting financial interests of the EU.

Digitalization of the Awarding Process in Bulgaria During a Pandemic

The spread of COVID-19 in the past year has posed a serious challenge to state economies. The pandemic had an impact on the management and economy of developing countries and transition countries, which required the reorganization of management methods and increased use of information and communication technologies in everyday life. This complex and unexpected environment has altered the way the public administration works, which reflects on the business as well. Bulgaria was not isolated from the effect and took measures, including legislative measures to deal with the situation. In parallel with these processes, a serious reform in the “Public Procurement” sector was carried out in Bulgaria related to the digitalization of the awarding process. Digitalization has led to streamlining the process of conducting public procurement procedures and has enabled its effectiveness to be improved.

Analyzing the institutional and regulatory framework for operationalizing the blue economy in Bangladesh: Lessons from Australia

This study's overarching objective was to assess the suitability and applicability of the existing legal and institutional framework for managing the coastal and marine resources in Bangladesh. Besides, the legal and institutional arrangement of Australia was examined to adopt the best practices for Bangladesh. The glimpse of potential coastal and marine resources of Bangladesh was assessed to have an idea of the untapped resources' dimensions. Together with, the fundamental challenges faced by the artisanal and small-scale fishers in Bangladesh were critically scrutinized. The empirical data collection followed a multi-approach like mini-symposium, consultation workshops, focus group discussions, case studies, visiting, personal, and key informant interviews. The study revealed that the vast provisioning, regulating, and cultural ecosystem services of the Bay of Bengal, including its coast and mangrove, is mostly unexplored. The regulatory framework in Bangladesh is characterized by jurisdictional overlapping followed by the conflict of interests among the public institutes, which originated from the aged and fragmented laws and ambiguous business allocation; consequently, the artisanal and small-scale fishers suffer a lot. On the flip side, despite some limitations, Australia established sectoral governance enacting strong legislative measures. The local government and community’s right in resource management locally has been institutionalized in Australia, which remains fuzzy in Bangladesh. Taking lessons from Australia, Bangladesh can enact new sectoral laws followed by business reallocation for the line ministries. The study will help policymakers identify the bottlenecks rooted in Bangladesh’s existing regulatory and institutional framework.

Analyzing the institutional and regulatory framework for operationalizing the blue economy in Bangladesh: Lessons from Australia

This study's overarching objective was to assess the suitability and applicability of the existing legal and institutional framework for managing the coastal and marine resources in Bangladesh. Besides, the legal and institutional arrangement of Australia was examined to adopt the best practices for Bangladesh. The glimpse of the potential coastal and marine resources of Bangladesh was assessed to have an idea of the untapped resources' dimensions. Together with, the fundamental challenges faced by the artisanal and small-scale fishers in Bangladesh were critically scrutinized. The empirical data collection followed a multi-approach like mini-symposium, consultation workshops, focus group discussions, case studies, visiting, personal, and key informant interviews. The study revealed that the vast provisioning, regulating, and cultural ecosystem services of the Bay of Bengal, including its coast and mangrove, is mostly unexplored. The regulatory framework in Bangladesh is characterized by jurisdictional overlapping followed by the conflict of interests among the public institutes, which originated from the aged and fragmented laws and ambiguous business allocation; consequently, the artisanal and small-scale fishers suffer a lot. On the flip side, despite some limitations, Australia established sectoral governance enacting strong legislative measures. The local government and community’s right in resource management locally has been institutionalized in Australia, which remains fuzzy in Bangladesh. Taking lessons from Australia, Bangladesh can enact new sectoral laws followed by business reallocation for the line ministries. The study will help policymakers identify the bottlenecks rooted in Bangladesh’s existing regulatory and institutional framework.

RESTRAINING ORDER IN THE ROMANIAN LEGISLATION AND PRACTICE

The protection of the family (especially women and children) consists of important provision in both the international and internal laws of the states. Unfortunately, in Romania, the incidence of domestic violence is high, an aspect that we will highlight in our paper. In this article we aim to analyse the latest legislative changes in the field of protection order, with reference to the provisional protection order. Regarding the temporary restraining order, it is regulated by Order no. 146/2578/2018 (Minister of Internal Affairs and Minister of Labor and Social Justice, 2018) on how to manage cases of domestic violence by police officers. Through this normative act, the necessary framework was created so that the police can intervene quickly when phenomena of domestic violence are registered and to ensure the immediate protection of the victims of aggressors. The police officers assess the risk situation in each case, and it may be ordered to issue a temporary restraining order until the competent court rules on the situation created for a longer period of up to 6 months, with the possibility of extending it. We will also present some relevant cases. Over the last 10 years, the protection of the family (especially women and children) has made some important progress both in terms of legislation and practice. Unfortunately, the level of domestic violence is still significant and, in addition to the legislative measures we will refer to in the article, more measures are needed to educate the population and raise awareness of the severity of this phenomenon that affects the integrity and physical and mental development of victims.

Fathers and Sons through the Lens of Ownership of Residential Premises

The paper examines the sociolegal and economic significance of legislative measures taken to support families with children and granting the possibility of using maternal (family) fund for the acquisition, construction or reconstruction of residential premises. It analyzes numerous issues related to the acquisition, registration, exercise and protection of joint tenancy (the right to common share ownership of residential premises) acquired in this way, including: the procedure for determining the share in the ownership of residential premises acquired in this manner. The paper also examines factors on which the size of the share of each of the family members depends and parties to the agreements concluded regarding such a distribution. Much attention is also paid to the issues of whether it is mandatory, when determining the size of a share in the ownership of a dwelling, to take into account the opinion of a child who has reached the age of 10, and the competition between the rights and interests of parents and children in respect of dwellings belonging to them on the basis of a joint tenancy (common share property). On the basis of the analysis of the Soviet and Russian civil and housing legislation in order to prevent the violation of the rights of parents to such property by adult children living with them, the author makes a proposal to legally restrict the administrative powers belonging to children.The author summarizes that the presence of an indissoluble consanguinity in the form of the origin of children from parents and the efforts of parents to take care of the child’s health, to meet the child’s needs, to provide conditions for the child’s full development and education necessitate a special legal consolidation of the rights to living premises belonging to children and parents on the ground of the right to joint tenancy (common shared ownership). The inclusion into Art. 246 of the Civil Code of the Russian Federation of provisions restricting the administrative powers of adult children will constitute another step towards the humanization of Russian civil legislation.

ALIGNING THE BRUSSELS REGIME WITH THE REPRESENTATIVE ACTIONS DIRECTIVE

European private international law has long been recognised as improperly set up to deal with cross-border collective redress. In light of this shortcoming, it seems unfortunate that the private international law implications of the Representative Actions Directive (Directive (EU) No 2020/1828) have not yet been addressed coherently by the European legislator. This article examines to what extent the policy of promoting collective redress can be supported, even if only partially, through a reinterpretation of the jurisdictional rules of the Brussels Ia Regulation. Furthermore, it discusses which legislative measures need to be adopted to better accommodate collective redress mechanisms within the Brussels regime.

Prevalence, Theoretical Framework and South African Legislative Measures on Child Sexual Abuse and Incest

Background Child sexual abuse and incest are the worst crimes and offences against children and the vulnerable in the society. These have continued to plague South African communities and a major social issue for social workers. The study drew from previous findings on psycho-social effects of father-daughter incest which was conducted in fulfilment of a Masters studies. As well as how it affected the offender and the family. Objectives and Purpose of the study The study attempted to understand how incest manifest within and across nations, how the family is affected and what role it plays in an incestuous relationship as well the sanctioning of such social abomination. Social Work intervention is also scrutinize particularly in support of the family. Methods The study emanates from a Masters research undertaken where qualitative approach was utilized to determine psycho social effects of incest. This piece of work looked at the prevalence and nature of incest, theoretical framework in respect of incest as well as South African punitive measures on child sexual abuse and incest. These were discussed as themes with subthemes.

Peculiarities of local elections in pre-war Romania. The chrono-spatial distribution of key electoral variables (1864-1914)

The article analyzes the chrono-spatial distribution of some electoral variables – the turnout, the political preferences of the voters and the political representation in the local councils (county and / or communal) – in pre-war Romania (1864-1914). Regarding the voters turnout, there is a downward trend, favored by some legislative measures (declaring the winner of the list submitted by a party, if it is the only one registered). The political preferences of the electorate were directed, predominantly, towards the big pre-war parties – Liberal or Conservative – with a modest presence of other formations, while only representatives of the two mentioned formations entered the local councils. The results of the local elections are very similar to the legislative ones (for the Assembly of Deputies and / or the Senate).