Juridical Tribune Journal (Books and Journals)
- Juridical Tribune - Review of Comparative and International Law (formerly known as Juridical Tribune (Tribuna Juridica)) From No. 1/2011, June 2011 to No. 10/1, March 2020 Juridical Tribune Journal, 2012
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The Brexit consequences on the European single market
Brexit represents one of the biggest challenges for the European Union since its establishment. The recent political and institutional developments, the decision of the British Parliament not to accept the exit of the United Kingdom from the European Union without a signed agreement, the decision to negotiate a new deal that must be ratified by both the Member States of the EU and the British...
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The statutory prohibition of market manipulation in Zimbabwe
Market manipulation includes, inter alia, a practice that interferes or attempts to interfere with the free and fair operation of the securities and financial markets by creating an artificial, false or misleading appearance of the price of, or market for, the relevant securities, commodities or financial instruments. Consequently, market manipulation is treated as an offence in many countries,...
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The legitimacy of acquisition of state territory
Nowadays academia offers new approaches to understanding of state borders, territorial disputes, armed conflicts and wars. While the principles of territorial integrity and inviolability of frontiers are central to the current system of international law, they are sometimes inoperative before the law of force. Moreover, the peaceful resolution of territorial disputes contributes to international...
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Internet fraud and transnational organized crime
The present research paper describes the most traditional ways of today’s massmarketing financial crimes such as fraud. Digital banking is now used daily for checking account data, making purchases, paying the bills, transfer money, print statements, etc. Online fraud is a crime committed with on-line software to unlawfully allocate money from both bank' and payment systems' account and/or...
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Constitutional pluralism and legal perspectivism in European Union law
During the past decade, new theories of (constitutional) pluralism have challenged the classic authority and primacy of EU law as asserted by the classic jurisprudence of the Court of Justice of the European Union. This school of thought, represented by many different authors, has tried to construct a new horizontal relationship between legal orders and European supreme jurisdictions....
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Totalitarianisms and the establishment of objective legal order
The order of liberal political systems is the result of the dialectic between objective and subjective. It is based on the understanding of freedom as a formal, constitutive condition of society. Totalitarianism denies this dialectic, while altering at the same time the objective and the subjective meanings of order. This is why they cannot be valid legal orders, either in the objective sense, or
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Interest in the context of tax relations: traditional approach and trends of tax management development
The article deals with the definition of interest in taxation, its manifestations and features of its varieties, applied aspects of implementation. It focuses on the process of tax management, which is based on the interconnection of private and public interest. The authors emphasize that the private and public interest in taxation is implemented through the processes of rulemaking and law...
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The legal nature of the individual employment contract in the spirit of Kosovo's integration in the European Union
As a legal notion, freedom of work and the right to work are respectively the freedom and the right to work or not to work. This thesis is closely related to the action rule of the labour market supply and demand law. Kosovo, on national level, has promulgated a number of laws deriving from labour law, adapting them to international laws and European Union standards. This approach of Kosovo has...
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Personal data protection and liability for damage in the field of the internet of things
This article analyzes the concept and legal issues of the Internet of Things to explore whether the existing legal framework is appropriate to deal with this new phenomenon. It examines the system of legal issues in the field of the Internet of Things and the ways of their solution. The attention is paid to the personal data protection issue. The conclusion is made about the necessity to ensure...
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The natural environment. The development of an institutional protection framework - a permanent concern of the European Union
The environmental policy is a relatively new field in the European Union, even at the level of the current year, 2019. Although initially it was based on the creation of general measures programs, within which certain specific measures were adopted, currently, the permanent existing global climate changes can no longer be ignored by national, European or global organizations and institutions. As...
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Experience of border guard units of the leading countries in countering terrorism and prospects for its implementation by the state border guard service of Ukraine
The article reveals the results of the study of experience of border guard units of the world's leading countries on combating terrorism and formulation of the prospects of its implementation in the State Border Guard Service of Ukraine (SBGSU). The research was carried out using the methods of legal comparative studies, that is, by comparing the legal support of counter-terrorism units of the...
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Brexit - the 2016 referendum on European Union membership
This article explores the Brexit referendum, focusing on the political events that led to the vote, namely, the Conservative Party’s return to power, David Cameron’s attempts to appease the European divide within his party and the role played by the British Parliament in the whole process. It then discusses whether the referendum was the most suitable way to decide on European Union membership,...
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EU Integrated Maritime Policy and multilevel governance
Marine and coastal environment are under pressure from several pollution sources. Most of the environmental law was developed on a sectoral basis and does not reflect the interdependence of the various issues and their solutions. Since the adoption of Blue Book, EU legislation to protect the marine environment has been progressively implemented in many relevant areas: Fisheries, Shipping, Tourism,
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Workers' rights. A new perspective
What will be the effects of the current trend in Labour Law of emancipation from the constraints of contractualism? Could the worker be regarded as other than a contracting party and his/her actions be addressed beyond purely contractual rights and obligations? The worker does not limit himself/herself today to the performance of the work tasks, but acts as a citizen in the workplace; it is a...
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'Human security' as a new concept of international security of the 20th century
Actually, the second part of the 20th century characterized by the beginning of the conceptual understanding of “human security” in a system of the international security and international law, in general. It had linked with the historical past, such as world wars, many local military conflicts which claimed the lives millions of people, repressions, scientific and technological progress (the...
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New trends in multi-faced corruption - a continuing obstacle for fair business in Bulgaria: our response
The focus of this paper is the corruption in economic and business relations in Bulgaria and the registered new trends. This type of corruption impedes economic development, causing distortions and inefficiencies, hence the necessity of an adequate response. The current meta-analysis of the available literature and the researched practice in a chronological and structured way is trying to explore
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Individualization and development of international investment law as the third millennium law field
Approaching such a subject is undoubtedly of particular scientific interest, contributing to the clarification of several aspects regarding the content and delimitation of international investment law, with an emphasis on the law and doctrine of international law, but also on the jurisprudence of international courts. The originality and scientific innovation resides in the way of approaching the
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Non-recognition of states as a specific sanction of public international law
This article analyses two of the most controversial institutions of public international law: the recognition/non-recognition of states and the sanction in public international law, arguing why the non-recognition of states represents one of the specific sanctions of the public international law. The purpose of this article is to bring a novelty value to the current stage of research, by...
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Bulgarian perspectives on the abuse of rights in lights of the Directive2011/7/EU on combating late payment in commercial transactions
The subject matter of this research is the abuse of rights in context of the late payment in commercial transaction. The abuse of rights as a law concept is well known in continental law families dates back to ancient Roman law. Considering the vision of the Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transaction3...
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Division of offences carried out on human corpses due to their statutory object of protection
The purpose of the article is to demonstrate the lack of uniformity in determining the subject of protection of crimes performed on human corpses or their resting place. The conclusions were drawn from the analysis of 48 penal codes, including 15 European, 12 Asian, 9 African and 11 American. It has been shown that the investigated offenses do not constitute a homogeneous group due to the...
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Legal treatment of franchise in Northern Macedonia and Republic of Kosovo
In this paper, franchise is treated as a way of transferring knowledge and experience as well as trademarks. The concept of exclusivity is most often defined as a method of marketing goods and services. Of course this kind of definition is insufficient. Franchising is more than a method of distribution, a specific way of financial impoverishment of meaning without an investment of its capital by...
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Formation of the forensic approach to the study of non-verbal information in criminal proceedings
The article is devoted to the formation of theoretical basis of the forensic approach to the study of non-verbal information in criminal proceedings. The authors have carried out the analysis of different approaches to study of non-verbal information. Formulating the forensic approach to the study of non-verbal information will allow correct determining the content of such information, successful
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Exemption from liability according to the art. 79 of the Convention on International Sale of Goods (CISG)
Unlike other international documents with regards to international sale of goods, impediments providing an exemption from liability to the promisor are regulated broadly in Art. 79 of the CISG in order to ensure uniformity, which is the main objective of the Convention. Within this framework, this paper first deals with the sphere of application of Art. 79 CISG followed by the prerequisites for...
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Challenges and perspectives of administrative judiciary in the Republic of North Macedonia
The development of administrative judiciary in the Republic of North Macedonia went through various phases after its independence in 1991. 16 years after its independence, in late 2007 the Administrative Court was established as one of the holders of the judiciary in judicial system. Before the establishment of this court, the administrative dispute was under the jurisdiction of the Supreme Court.
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The Constitutional Court of Ukraine as the main actor in safeguarding of the Constitution
This article deals with the main issues of the constitutional justice in Ukraine - its concept, significance and the main principles of development. In this article we try to research pure, clear vision, essential and effective mission of the Constitutional Court of Ukraine on legal and political chessboard of Ukraine, keeping in mind its prominent sole role in constitutional justice. Main...
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The US antitrust jurisprudence through the lens of Chicago School and the Transaction Costs Economics
In the mid-70s, the US antitrust jurisprudence finally embraced the economic approaches developed at the University of Chicago on the 30s. The Chicago School of Economics has as its main characteristic the defence of the private economy and of a limited intervention of the government, which underlies the idea that individual freedoms depend on the existence of a system based on private initiative
- Commercial law developments in Yugoslavia with a focus in the Socialist Republic of Macedonia and Albania
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Adaptation of Ukrainian legislation on drug trafficking control to the European Union legislation (separate aspects)
Certain aspects of the adaptation of regulatory legal acts of Ukraine in the field of drug trafficking control to EU legislation were studied. The basis of this study uses an interdisciplinary approach using comparative legal, dialectical and systemic methods. Emphasis is placed on the fact that the world community does not have a unanimous opinion on legal issues and areas of the modern drug...
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Regulating negligence in French and Italian criminal law
The modified version of art. 121-3 of the French Criminal Code introduces a hierarchy of the nonintentional forms of guilt according to seriousness. From the perspective of the French legislator, this hierarchy would be the following: deliberate negligence (art. 121-3 para. 2), simple negligence - carelessness, imprudence - (art. 121-3 para. 3) and breaking a duty of care or protection (art. 121-3
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An analysis of the role-players in the enforcement of the Zimbabwean insider trading laws
Insider trading is statutorily prohibited in Zimbabwe. This is primarily aimed at promoting public investor confidence, market efficiency and enhancing the integrity of the Zimbabwean financial markets. As a result, some activities that could amount to insider trading in the Zimbabwean financial institutions and financial markets are outlawed in the Securities Act 17 of 2004 [Chapter 24:25] as...