Acta Universitatis Danubius. Juridica
- Danubius University of Galati
- Publication date:
- Nbr. 15-1, January 2019
- Nbr. 14-3, September 2018
- Nbr. 14-2, May 2018
- Nbr. 14-1, January 2018
- Nbr. 13-3, September 2017
- Nbr. 13-2, May 2017
- Nbr. 13-1, January 2017
- Nbr. 12-3, September 2016
- Nbr. 12-2, May 2016
- Nbr. 12-1, January 2016
- Nbr. 11-3, September 2015
- Nbr. 11-2, May 2015
- Nbr. 11-1, January 2015
- Nbr. 10-3, September 2014
- Nbr. 10-2, May 2014
- Nbr. 10-1, January 2014
- Nbr. 9-3, September 2013
- Nbr. 9-2, May 2013
- Nbr. 9-1, January 2013
- Nbr. 8-3, September 2012
- The criminal offense of aggravated theft under Albanian customary law
Based on the particular characteristics of the criminal offense of aggravated theft, it is correctly established that thecriminal offense in question falls within the framework of so-called classical criminality, and that such unlawful behavior interms of social development has undoubtedly been following not only our society. While, although the criminal offense ofaggravated theft as a notion but also as a content has undergone gradual transformation, however, its defense object has alwaysbeen property value, respectfully the property. In this regard, given that the presence and the consequences deriving fromcommitting the criminal offense of aggravated theft continue to be present even today, and often the existing situation is alsoregarded as a worrying situation, we will approach the treatment of the criminal offense in question only in the angle of passingof data on how the Albanian customary law specifically foresaw and regulated the criminal matter in question.The purpose of the analytical research will be focused on elaborating the notion of the criminal offense of aggravated theft aswell as its perpetrators, in order to proceed further with the information regarding the punitive policy, always according to thecustomary Albanian law, followed through the rules of the Code of Lekë Dukagjini, the Code of Skanderbeg as well as the Codeof Labëria.The research will be realized with special emphasis on the application of the historical-legal method.Key words: The Aggravated Theft, the Code of Lekë Dukagjini, the Code of Skanderbeg, the Code of Labëria
- Contract for Asset Handover and Allocation
Entities of Law are free and possess legal instruments for asset allocation. The contract represents the most important instrument for asset allocation and handover. The asset holders may divide the property and pass it over to the heirs with the contract on the asset handover and allocation. Such a legal possibility is in accordance with the free initiative of law because it enables the transfer of property by agreement and with the consent of the holder’s successors. The Testament and the Law represent the legal basis for inheritance, an opportunity for the asset holders to hand over the property after their death through these instruments. The research object of this seminar paper is the contract on the allocation and handover of assets. The analysis of the topic starts from the general part of the contract law, continuing on the key topic of the analysis, always encountering absence of materials. The hereditary effect of this contract implies to have it also analyzed under the scope of the Kosovo Law on Heritage, that is, the part of the transactions between the living
- Legal Regulation of Women's Rights in Property and Inheritance in the Republic of Kosovo
The purpose of this paper is the detailed analysis of the legislation of the Republic of Kosovo regulating the rights of women in property and inheritance so that the citizens of Kosovo as well as the citizens of other countries are better acquainted with the legislation of Kosovo by which these rights are regulated. To work on this paper, we have used study methods by which we have analysed in detail the laws of the Republic of Kosovo in order to find and analyse the laws and provisions relating to the rights of women in property and inheritance, and also to analyse their way of regulating them. From the analysis of Kosovo's laws we have come to the conclusion that the laws of the Republic of Kosovo regulating women's rights are quite modern and contemporary, and women's rights are regulated fairly well, that means women's rights are equal in any case to those of men
- Alimony after Divorce according to Kosovo's Legislation
There is a large number of scientific works that have dealt with alimony as a right or obligation in family law relations. But regarding the treatment of alimony based on Kosovo’s legislation, there aren’t many written articles dedicated to this issue. This paper analyzes alimony as an important element in the survival of many families after divorce. Through this paper conducted after the research made in the legislation of Kosovo and some other European countries, I will elaborate on how alimony in Kosovo legislation is defined? Why it is vital for people to enjoy custody after divorce? Then I will discuss the custody methods, child care, as well as the court proceedings in providing alimony. This paper aims to address the positive and negative aspects of alimony in Kosovo. The academic interest of this paper is on defining alimony according to Kosovo legislation by elaborating in details the way this legislation regulates the provision of alimony. Several methods, national and foreign legal analysis, research into various scientific articles have been used, and a scientific interpretation of the legal provisions regulating the issue of alimony has been made
- Police and Fighting Corruption - Kosovo Case
This paper argues the level of corruption in Kosovo and the Kosovo Police's struggle against this dangerous phenomenon for the society. The major economic, social and political developments taking place in Kosovo and the region certainly affect the appearance of different forms of crime, especially the organized crime and corruption. As a relatively new organization, the Kosovo Police is on the front line in terms of fighting corruption in Kosovo. The paper presents concrete tasks and structural organization of the police in combating corruption. Further, the paper presents some results of the Kosovo Police's work in dealing with corruption. There are some recommendations at the end of the paper for future police work so that the results in combating corruption in Kosovo are still more evident
- Sentencing judgment
The sentencing judgment is a meritorious judgment by means of which the court resolves a criminal case being object of trial. Hence, by this type of judgment the court concludes criminal case, by punishing the defendant for all charges. The sentencing judgment within this scientific paper shall be handled in several aspects. Here, shall be reflected the meaning of sentencing judgment, its characteristics, the content of sentencing judgment and the authority regarding its imposition as well as the procedure and effects of this type of judgment. Also, within this scientific paper shall be handled the Kosovo Basic Courts activity in relation to imposition of this type of judgment during the period of time 2015-2017. During the preparation of this scientific paper I have used legal, comparative, analysis and statistical methods
- Gender-based Violence in Kosovo
Violence has become an occurrence which is spreading all over the world, where not only the poor countries has not been immune to it, but neither the most developed countries has prevented it. Kosovo, has been faced too with this epidemic issue to come to the conclusion that gender-based violence exists in Kosovo. Therefore, this paper will specifically focus on gender based violence as an aggravating circumstance which has increased apparently during 2015-2018, in Kosovo. The methods which were applied in this paper are; observation, case study, interview, comparative method, quantative research such as published statistical data and data analyse. The outcome shows that mostly woman and LGBTI+ community have been target of the gender-based violence. The fact that social norms and Albanian common law, still apply in daily basis, makes it more challenging the rule of law, therefore this is the main area where de facto with de jure clash. This by all means, must make justice system more cautious and determined to fight and prevent gender-based violence, and not allow their personal perception interfere in their objectivity. The discrepancy between legal framework and judicial practice must balance itself by justice authorities, which must confront properly this criminal offense
- Recent Additions To Kosovo's Law Of Mediation
The purpose of this scientific paper is to introduce the new law on Kosovo's mediation and the changes from the previous law of Mediation. Mediation is an alternative dispute resolution between the parties, with the intermediation of a third person. The new Law on Mediation, which complies with the Directive 2008/52 / EC of the European Parliament and of the Council of 21 May 2008, on certain aspects of mediation in civil and commercial matters, as such envisages substantive changes. The novelties of this law consist of: mandatory mediation for certain disputes, the choice of the mediator by the parties themselves, the possibility of mediation, the duration of the mediation, from 90 days as it was previously with an extension of 30 days, i.e 120 days in total, as well as the establishment of Chamber of mediators, which will function based on its internal acts.The aproach used in the research includes a combination of legal analysis, observations and review from legal practice and theory. The conculsion of the study aims to explain the benefit of mediation as an alterantive dispute resolution, in achieving an acceptable agreement by the parties as well as the reduction of cases in the courts
- Stock Companies in Kosovo
Law on Business Organizations recognizes the stock companies as the type of business society. The paper will use methods of analysis, method of comparison, method of systemic analysis, etc. In addition to these methods author will use the combined methodology in order to reach the main goal of the paper. If the stock companies belong to business societies, the after their registration what is their legal arrangement? According to the Law on Business Organizations, the stock companies could have only one shareholder and many or a lot of them. Each shareholder has its shares which is the property of the shareholder. Shares could be transferred from a shareholder to other judicial/physic persons. The founding capital of stock companies is determined by the law. This society is judicial person which is responsible for all its obligations and for these obligations it is responsible with its assets and its property. Personal property of shareholders doesn’t contain the property of shareholders companies. Shareholder is responsible for society with its wealth only if shareholder abuses with the shareholder company. Paper analyzes competences in the society and the duration of foundation, then statute, memorandum an regulations of the society are analyzed is analyzed. Author with the paper covers and analyzes the founding capital and the organs of the stock companies, always determined by the law. Paper also explains the ways of the dissolution of the stock companies
- Monetary penalty as a penal sanction in the territory of the Basic Court of Prishtina in the period 2011-2015
This thesis will tackle the fine penalties according to the Criminal Code of the Republic of Kosovo, with particular emphasis on the Basic Court of Prishtina during the period 2011/2015, which will talk about the statistics provided by the Court as well as elaboration of the fine penalties including its issuance as well. The thesis will address the monetary penalties, its meaning and monetary penatlies in some countries of the region and beyond. The thesis will be based mainly on the research and analysis of the Criminal Code of the Republic of Kosovo as well as the Criminal Codes of the countries of the region that have been analyzed in this working document, without circumventing the Criminal Codes of some more developed countries. In addition, during the analysis, various scientific methods will be utilized, such as descriptive, comparative and various statistical methods, in order to address the issue of monetary penalties in more comprehensive manner. Likewise, in the last chapter we have presented many diverse tables, with the sole purpose of reflecting the chronology of issued monetary penalties throughout analyzed years
- Interpretation of the Constitutional Court of Kosovo in relation to Immunity
The basic idea of every state which is based in the state of the law, is equality before the law. The essence of democracy is the state of the law. Nobody within a democratic state can not refuse to obey the laws. Democracy is only when the law applies equally to the people in power, the...
- Some Forms of Manifestation of Official Corruption and Crimes against Official Duty in Kosovo 2011- 2012
Corruption as one of the forms of the organized crime represents one of the most dangerous phenomenon which directly attacks the society. Corruption, respectively the official corruption is present in every country of the world but in the countries that have a developed democratic system, the...
- The Need for Regulation of Cyber Terrorism Phenomena in Line With Principles of International Criminal Law
This paper scrutinizes and highlights imminent need to regulate cyber terrorism pheromone in line with principle of international law. In so doing, this paper intends to ascertain legal basis to regulate cyber terrorism at international level. It explains the normative conduct by drawing on...
- About the substantiation of the security interest
Unlike the Civil Code of 1864, the current Code includes norms of common law and some application in different fields. The current regulation is not beyond criticisms given that part of doctrine seems tributary to the opinions formulated according to the previous norms. Starting from general...
- The Right to Equality under South Africa's Transformative Constitutionalism: A Myth or Reality?
This article examines the notion of the right to equality, considerate of South Africa’s perspective of constitutional democracy which has embedded human rights philosophy at the bedrock of its redistributive justice. The article derives strength from Aristotelian view on equality, and examines how ...
- The Impact of the European Convention on Human Rights in the Field of Administrative Justice
In democratic and modern model of the administrative justice the implementation of the international standards plays a crucial role. This article seeks to examine how the judicial control is exercised in order to protect human rights in the spirit of the European Convention on Human Rights, in...
- The Unity of the People as the President's Constitutional Attribute and the Preconditions for its Representation
The unity of the people is a constitutional attribute that in most of the constitutions of the world has been given to the president, as the head of state. In order for the unity of the people to exist, and then to be represented by the president: a number of criteria or preconditions must be met....
- Civil Litigation Costs
This paper will present to the reader and all other stakeholders all of the most important elements of civil litigation costs. Herewith, I answered the question of who is obligated with paying the procedure costs at the end of the procedure, who is relieved of these expenses, who is obligated to...
- Conditions Derived from the ECHR Jurisprudence for the Effectuation of Interceptions in European Union Member States
The present paper aims to analyze ECHR jurisprudence on the provisions regarding technical supervision at European level. The focus of the research is on the conditions of authorization and the legislative demands derived from the European Court of Justice’s judgments, which has repeatedly...
- Contract for Asset Handover and Allocation
Entities of Law are free and possess legal instruments for asset allocation. The contract represents the most important instrument for asset allocation and handover. The asset holders may divide the property and pass it over to the heirs with the contract on the asset handover and allocation. Such...