International Comparative Jurisprudence最新文献

{"title":"CONSTITUTIONAL REFORMS ON ELECTORAL SYSTEM FOR CONSOLIDATION OF PARLIAMENTARY DEMOCRACY IN GEORGIA","authors":"Malkhaz Nakashidze, Davit Sirabidze","doi":"10.13165/j.icj.2020.06.002","DOIUrl":"https://doi.org/10.13165/j.icj.2020.06.002","url":null,"abstract":"The article presented deals with the analysis of electoral reform in Georgia. As a result of the 2017–2018 constitutional reform Georgia has fully shifted to parliamentary system of government, and the process of choosing an electoral system is currently under discussion. Since the restoration of independence, Georgia’s electoral system has undergone many changes, with a consistently mixed electoral system being used during this period. This system has consistently ensured the creation of a strong one-party parliamentary majority, often a supermajority. This article discusses the electoral history of Georgia and the main positive and negative aspects of the current system. Significant attention is paid to the ongoing discussions between the government and the opposition in Georgia, and the main useful arguments of the proportional electoral system. The article finally presents some conclusions about the changes in the electoral system.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"6 1","pages":"9-27"},"PeriodicalIF":0.0,"publicationDate":"2020-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47730985","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}

{"title":"APPLICATION OF 5TH GENERATION CELLULAR TECHNOLOGY IN THE PRE-TRIAL INVESTIGATION STAGE","authors":"Gediminas Bučiūnas","doi":"10.13165/j.icj.2020.06.005","DOIUrl":"https://doi.org/10.13165/j.icj.2020.06.005","url":null,"abstract":"The author is going to overview and analyze technological-theoretical, international and national legal grounds for the usage of this advanced technology in tackling criminal offences. The novelty of this paper is that this type of research has not yet been carried out in depth in either Lithuania or Latvia. The majority of research on advanced technology and human rights was and is still focused on the possible threats to human rights which can be caused by new technologies, especially in the area of communication. But let us consider this area of research from a fresh perspective and thereby raise an important question: How does 5th generation cellular technology help with the protection of human rights during a criminal pre-trial investigation?","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"6 1","pages":"62-69"},"PeriodicalIF":0.0,"publicationDate":"2020-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47604569","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}

{"title":"EFFECTIVE PROTECTION OF CONSUMERS BY THE UCTD IN ORDER FOR PAYMENT PROCEDURE: THE ESTONIAN EXAMPLE","authors":"P. Kalamees, K. Sein","doi":"10.13165/j.icj.2020.06.004","DOIUrl":"https://doi.org/10.13165/j.icj.2020.06.004","url":null,"abstract":"The order for payment procedure is a simplified procedure used in many member states of the EU. The procedure is highly formal and usually no substantial evidence is assessed in the course of the procedure. This is also the case in Estonia, where this procedure is used very frequently against consumers. The CJEU has, in several cases, assessed the national rules of Member States regarding the order for payment procedure and explained in which cases these rules are not in line with the purpose of the UCTD. In this article, Estonian legislation is used as an example to show that as the EU law does not address the order for payment procedure directly, the protection of consumers’ rights depends on the specificities of national procedural law. Even if the member state’s legislation is in compliance with the positions expressed by the CJEU, the order for payment procedure might not effectively ensure the protection required under the UCTD. This is so because, under the existing CJEU practice, the court does not have to demand submission of evidence, and sellers and suppliers can thus avoid the controls on unfairness in the standard terms quite easily. This paper also analyses whether it would be acceptable to fully delegate the order for payment procedure to computer systems including artificial intelligence, as it has been suggested to do in Estonia.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"6 1","pages":"46-61"},"PeriodicalIF":0.0,"publicationDate":"2020-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44028893","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}

{"title":"THE CONSTITUTIONAL PRINCIPLE OF LEGAL CERTAINTY IN LITHUANIA: A FEW ISSUES OF TAX LEGISLATION","authors":"Ingrida Steponavičienė","doi":"10.13165/j.icj.2020.06.003","DOIUrl":"https://doi.org/10.13165/j.icj.2020.06.003","url":null,"abstract":"The structure and purpose of this article is two-fold. Firstly, the article identifies the issue of terminology and content of the two constitutional principles defined by the Constitutional Court of the Republic of Lithuania, namely, the principle of legal certainty and the principle of legal security. Based on the systematic analysis of the jurisprudence of the Constitutional Court of the Republic of Lithuania, this article discloses the content of the principle of legal certainty as it is understood in Lithuanian constitutional doctrine. It then focuses on the specifics of the principle of legal certainty in Lithuanian tax legislation by discussing selected issues of ensuring legal certainty in Lithuanian tax law through separate elements of this principle. Such issues as promulgation of tax legal acts, establishing the procedure for calculating taxes, the requirements of establishing the tax laws in advance, and the related issue of retrospective tax regulation together with possible shift of the constitutional doctrine in this field, are discussed from the perspective of the imperatives of the principle of legal certainty. This leads to the conclusion that, although Lithuania has a solid statutory background for ensuring the functioning of the principle of legal certainty, the real operation of this principle in the field of tax law, together with changes in the evolving tax law, poses a number of challenges.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43426050","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}

{"title":"ON THE NATURE OF LAW: THE RELEVANCE OF DEONTOLOGICAL NATURAL LAW PERSPECTIVE IN MODERN TIMES","authors":"A. Gorecka","doi":"10.13165/j.icj.2020.06.001","DOIUrl":"https://doi.org/10.13165/j.icj.2020.06.001","url":null,"abstract":"This paper considers a perspective of the deontological approach to natural law as constituting a satisfactory opinion of the nature of law, and analyses the main features of natural law theory providing that the law and morality are interlinked. It is impractical to decide a case entirely upon codified legal rules, as judges have a duty to apply the moral value of the system. The paper acknowledges that the concept of law is prominent in the moral values of society, as if the law is exceptionally unjust it should not be applied.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45997994","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}

{"title":"THE ROLE OF THE WTO DSB IN MODERNIZING WTO LAW ON E-COMMERCE","authors":"Karolina Mickutė","doi":"10.13165/j.icj.2019.12.002","DOIUrl":"https://doi.org/10.13165/j.icj.2019.12.002","url":null,"abstract":"Laws must be modernized in accordance with shifting market conditions and the modernization of trading patterns. The regulation of e-commerce, however, is still not provided for in the WTO legal system, and current debate suggests that no substantial agreements will be reached in the near future. As a result, e-commerce is neither regulated nor left to self-regulation because of the different standards applied across borders. This article outlines the applicability of the existing WTO law that regulates the legal relations of e-commerce. The findings of this research are relevant not only for meeting existing market characteristics, but also for predicting possible scenarios in case of the UK’s withdrawal from the EU without an agreement as WTO rules, which do not exist in e-commerce, will apply to international trade relations with the UK.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43270203","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}

{"title":"BREXIT: CHRONICLE OF A CRISIS FORETOLD","authors":"C. Dadomo","doi":"10.13165/J.ICJ.2019.12.001","DOIUrl":"https://doi.org/10.13165/J.ICJ.2019.12.001","url":null,"abstract":"The European integration process is certainly the most advanced and remarkable example of regional integration unequalled so far in any other parts of the world even though some lighter forms of regional integration have been more or less modelled on the EU. \u0000The European regional integration seemed to be unstoppable and unbreakable despite the many political and economic crises it sailed through since the 70s and more recently in the past decade. \u0000Yet for the first time in its history, one of its largest and most politically and economically powerful Member States, the UK, took in 2016 the extraordinary decision to leave the EU. \u0000Until the adoption of the Lisbon treaty in 2009, membership to the EU was for life as the original Treaty of Rome and its subsequent amending Treaties never included a clause of withdrawal. \u0000Inspired from Article I-60 of the Treaty establishing a Constitution for Europe, Article 50 TEU recognised for the first time the right of Member State to withdraw voluntarily and unilaterally from the EU. \u0000Ironically, this new provision was designed by its drafters to deter the EU MS from actually withdrawing from the EU. Yet, it is this very provision that enabled the triggering of one of the most extraordinary and unprecedented event in EU history ie the withdrawal of the UK or Brexit. \u0000This was decided following a referendum that took place on 23 June 2016. The results were 51.9% “Leave” and 48.1% “Stay” and the turnout was 71.8% representing more than 30 million people. However, while England (the largest country) and Wales voted overwhelmingly in favour of leave, Scotland and NI voted for remain \u0000Following the triggering of Article 50 TEU by the UK, a 2 year period for negotiations and preparations for Brexit started with an official leave of the UK from the EU being scheduled for 29 March 2019. \u0000After months of more difficult, complex and protracted negotiation than originally expected in the UK, the current Prime Minister Theresa May managed to bring home a “Brexit Deal” consisting of a 585-page withdrawal agreement and a 26-page statement of the future relations between the UK and the EU. \u0000The Withdrawal Agreement, a legally-binding document, include mainly provisions on the financial settlement (how much money the UK owes the EU), the protection of the status and rights of EU citizens in the UK and the UK citizens in the EU27, and a solution for preventing the return of the physical border between the two Irelands. \u0000The Statement, which is not legally binding, outlines the long-term relationship between the UK and EU in various areas such as trade, defense, and security. \u0000Yet on 15 January, the British Parliament rejected the whole deal with 432 votes against and 202 votes for on the ground that the deal would tie the UK to the EU indefinitely while having no say over EU rules, and would put the UK in an even worse position than if the UK remained a MS. \u0000This spanner in the clockwork has thrown Britain into further and gre","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43067112","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}

{"title":"SEVERAL CHARACTERISTICS OF MEDIATION IN CRIMINAL FIELD IN THE REPUBLIC OF KOSOVO","authors":"Milot Krasniqi","doi":"10.13165/j.icj.2019.12.008","DOIUrl":"https://doi.org/10.13165/j.icj.2019.12.008","url":null,"abstract":"Mediation is a type of alternative procedure that enables the resolution of a criminal case outside of court proceedings. This procedure has been regulated by a special law, and is applicable to various fields of law. The locus of this scientific paper shall exclusively be mediation in the criminal field. The Criminal Procedure Code of Kosovo, in addition to standard criminal proceedings, has outlined the “Alternative Procedures” of criminal case resolution including: Mediation; Provisional Suspension of Procedure; Conditions when criminal prosecution is not mandatory; Plea Agreement; Acquittal from Punishment; The announcement of defendant as “Cooperative Witness” as well as Diversion. Mediation as an alternative procedure in the criminal field is distinguished by several characteristics which make this procedure very efficient in comparison to standard criminal procedure. These include: the resolution of a criminal case without going to court; the possibility of improving a perpetrator’s behavior by applying non-criminal measures; reconciliation and peace-building between the parties; the economization of expenditures and time; and many other benefits. The modest results of this scientific paper indicate that mediation has several advantages which make it an efficient criminal case resolution mechanism. It is therefore encouraged to increase the level of its application in the criminal field, as it represents the most productive mechanism for resolving light criminal cases.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41742543","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}

{"title":"PROBLEMS OF IDENTIFICATION AND CLASSIFICATION OF CRIMES THREATENING NATIONAL ECONOMIC INTERESTS","authors":"A. Dzenisevich","doi":"10.13165/j.icj.2019.12.007","DOIUrl":"https://doi.org/10.13165/j.icj.2019.12.007","url":null,"abstract":"This article covers the content of criminal law protection afforded to national economic interests, and gives the general definition of the crimes in the group taken into consideration. It then analyzes the definitions of economic crimes, and outlines the main elements of offences threatening national economic interests (object, objective part, subject) and their features. It identifies the problems connected with the application of criminal liability for the crimes in the sphere taken into consideration, including those connected with subject structure, qualifying features, and criminal policy in the sphere of the economy, forming tendencies as well as gaps in the criminal law protection of national economic interests.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46635229","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}

{"title":"THE ROLE OF THE MEDIA IN ACHIEVING A FAIR TRIAL IN THE REPUBLIC OF KOSOVO","authors":"M. Uka","doi":"10.13165/j.icj.2019.12.009","DOIUrl":"https://doi.org/10.13165/j.icj.2019.12.009","url":null,"abstract":"Transparency of the courts and access to public documents are considered as basic principles that directly affect citizens' trust in judicial institutions, and are the primary vehicles for increasing the levels of accountability and responsibility in the judiciary system. A link and line of communication between institutions and the public is mainly done through the media, a global trend that also applies in the Republic of Kosovo. Media as judiciary monitors the work of the judiciary, continuously reporting to the public and informing them of the work these institutions do, their challenges and successes, their adherence to human rights, and even their violations. In short, as the courts divide justice, the media sees how it is shared. This article aims to reflect the real state of the media’s role in Kosovo as a factor of attaining fair trial, based on Kosovo’s criminal legislation and provisions of the European Convention on Human Rights and Freedoms. For a comparison between them and the case of law, some of the rulings of the European Court of Human Rights in Strasbourg have been taken into account. The Constitution of Kosovo guarantees the human rights and freedoms enshrined in this Convention.","PeriodicalId":32140,"journal":{"name":"International Comparative Jurisprudence","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48008423","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}