发布求助
文献互助 智能选刊 最新文献

Open Journal for Legal Studies最新文献

筛选
英文 中文
Guarantee of the Right to Silence and of the Right not to Contribute to One’s Own Incrimination in Romanian Law 罗马尼亚法律中沉默权和不促成自己有罪的权利的保障
Open Journal for Legal Studies Pub Date : 2018-07-30 DOI: 10.32591/coas.ojls.0101.04037d
Carmen Adriana Domocos
{"title":"Guarantee of the Right to Silence and of the Right not to Contribute to One’s Own Incrimination in Romanian Law","authors":"Carmen Adriana Domocos","doi":"10.32591/coas.ojls.0101.04037d","DOIUrl":"https://doi.org/10.32591/coas.ojls.0101.04037d","url":null,"abstract":"The right to silence enjoys increased attention from the Romanian legislator and is currently regulated by the Criminal Procedure Code (Law no. 135/2010), which entered into force on 1st February 2014. The right to silence (to remain silent) and the right not to contribute to one’s own incrimination (the privilege against self-incrimination) are the implicit procedural guarantees of the right to a fair trial, which results from the case law of the European Court of Justice within the meaning of Article 6 paragraph 1 of the European Convention on Human Rights. They are also stipulated in the field of preventive measures. For the first time, the New Code of Criminal Procedure also regulates the witness’s right not to incriminate himself. The paper contains also some considerations about the purpose of the privilege of silence within the meaning of the ECHR.","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120900454","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Ten Years on: The Exhaustion Principle and the Practice of the Constitutional Court of Kosovo as the Final Authority for Protection of Human Rights 十年过去了:科索沃宪法法院作为保护人权的最终权力机构的权利穷竭原则与实践
Open Journal for Legal Studies Pub Date : 2018-07-23 DOI: 10.32591/coas.ojls.0101.03025r
Besfort T. Rrecaj, Bardh Bokshi
{"title":"Ten Years on: The Exhaustion Principle and the Practice of the Constitutional Court of Kosovo as the Final Authority for Protection of Human Rights","authors":"Besfort T. Rrecaj, Bardh Bokshi","doi":"10.32591/coas.ojls.0101.03025r","DOIUrl":"https://doi.org/10.32591/coas.ojls.0101.03025r","url":null,"abstract":"Ten years after the establishment of the Constitutional Court of Kosovo, this paper aims to examine the concept of exhaustion of legal remedies in Kosovo judicial system where an individual has brought a case claiming violation of human rights guaranteed by the Constitution. The paper will focus on analyzing what constitutes an effective legal remedy including ordinary and extraordinary remedies for the purposes of submitting a constitutional complaint with the Constitutional Court. This work is based on the case-law of the Constitutional Court and tries to explain all legal steps that must be observed before submitting a constitutional complaint regarding exhaustion requirement. Furthermore, it will delve deeper into this concept by distinguishing the importance of formal and substantive exhaustion of legal remedies, the interconnectedness of formal and substantive exhaustion of legal remedies and the distinction between them as developed by the case-law of the Constitutional Court. It will conclude by summarizing main characteristics of the concept of exhaustion of legal remedies in Kosovo as it is established by the practice of the Constitutional Court.","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126324634","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Users’ Considerations About Possibilities of Self-protection on Social Networks 用户对社交网络上自我保护可能性的考虑
Open Journal for Legal Studies Pub Date : 2018-07-18 DOI: 10.32591/coas.ojls.0101.02009v
Vida Vilic
{"title":"Users’ Considerations About Possibilities of Self-protection on Social Networks","authors":"Vida Vilic","doi":"10.32591/coas.ojls.0101.02009v","DOIUrl":"https://doi.org/10.32591/coas.ojls.0101.02009v","url":null,"abstract":"The modern world of the Internet has changed significantly with the emergence of social networks. With their popularity and a large number of users, social networks have created a kind of “control” of the everyday activities of people, their habits, their movability and socializing. In Serbia, social networks became popular in 2006, while in 2007 the real expansion of social networks begins. The Internet and social networks provide countless opportunities for getting to know new people, acquiring and developing personal and professional relationships, creating different social circumstances; but the opportunities for abuse/misuse of the Internet and social networks also increased. Discussing the abuse/misuse of the Internet and social networks, arose the issue of protecting individual personal rights – the right to privacy, and about how the users of social networks can contribute in prevention of privacy violation. Certain groups of people are more likely to be exposed to privacy violation.","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"202 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114427855","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Legal Regulation of the Crypto-Currency Taxation 加密货币税收的法律规制
Open Journal for Legal Studies Pub Date : 2018-07-18 DOI: 10.32591/coas.ojls.0101.01001u
Katsiaryna Ulyanava
{"title":"Legal Regulation of the Crypto-Currency Taxation","authors":"Katsiaryna Ulyanava","doi":"10.32591/coas.ojls.0101.01001u","DOIUrl":"https://doi.org/10.32591/coas.ojls.0101.01001u","url":null,"abstract":"At the beginning of the 21st century, we see the emergence of new legal relations related to the massive emergence of crypto-currencies. The natural question is, what to do with the taxation of the crypto-currency, new mining activity. We are analyzed different approaches in the world for this question. In the Republic of Belarus are created conditions for introduction in the economy of the technology of transaction block ledger (blockchain) and legally fixing such complex concepts as crypto currency, mining, digital sign (token). Granting tax holidays for 5 years gives, as advantages in attracting foreign business to the jurisdiction of Belarus, and can contribute to the inflow of illegal money, and therefore it is necessary to strengthen internal control to prevent the legalization of proceeds from crime, and to take an active part in global international initiative – the BEPS Plan (Base Erosion and Profit Shifting).","PeriodicalId":125595,"journal":{"name":"Open Journal for Legal Studies","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126820023","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
首页 上一页
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整，为了账户安全，请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们：info@booksci.cn Book学术提供免费学术资源搜索服务，方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号：481959085
Book学术官方微信