{"title":"Problems on legal qualification of criminal offense during precautionary measures","authors":"Xharije Nela","doi":"10.2478/ajbals-2024-0014","DOIUrl":"https://doi.org/10.2478/ajbals-2024-0014","url":null,"abstract":"\u0000 The court is the only constitutional body that delivers justice. One of the functional competences of the court is also giving justice through legal qualification of the criminal offense. The court has the right to make the legal qualification of the criminal offense and this is its exclusive competence. It is important for the court, when making the legal qualification of the criminal offense, gives the criminal fact, the qualification that results from the acts of the investigation file. The provision regarding the competence of the court to change the legal qualification of the criminal offense, has undergone constant changes, with the aim of guaranteeing the right to a fair legal process, the principles of this right such as effective protection, equality and contradiction in obtaining evidences.\u0000 Appropriate legal qualification of the criminal offense is a very effective tool in terms of delivering justice during the trial at first instance and beyond. The situation becomes problematic in the legal qualification of the criminal offense during the precautionary measures, where the court cannot at this procedural moment make the appropriate legal qualification of the criminal offense, different from the one brought by the prosecutor.\u0000 From the practice, we have seen the subjective attitudes of the prosecution body, in relation to the accusation raised during the request for the imposition of a precautionary measure. There are cases where the prosecution improperly facilitates the prosecution, in order to justify the search regarding the measure of security, but there are also cases when the prosecution has aggravated the prosecution, even though the criminal fact is not the one qualified by the prosecutor.\u0000 These subjective qualifications of the prosecutor during the phase of imposing precautionary measures have led to violations of the freedoms and rights of individual, due to the lack of competence of the court to make the appropriate legal qualification of the criminal offense. These problems in practice must be solved by legal amendments or interpretations by the Supreme Court.","PeriodicalId":358300,"journal":{"name":"Academic Journal of Business, Administration, Law and Social Sciences","volume":"54 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141844282","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 change in the legal classification of the criminal offense and the right to defense in the trial","authors":"Eleni Sava","doi":"10.2478/ajbals-2024-0013","DOIUrl":"https://doi.org/10.2478/ajbals-2024-0013","url":null,"abstract":"\u0000 Due process of law is not just a right. As a constitutional principle, it extends to some basic human rights and freedoms, with which legal procedures are carried out. It is a guarantee of vital importance in any democratic society, the responsibility for ensuring which falls on the justice system.\u0000 The right to due legal process is characterized by duality. On the one hand, it is presented as a guarantee for every citizen against the unjust actions of state authorities and on the other hand it constitutes an obligation not to violate the rights of citizens without a regular legal procedure. In order to make the protection of basic human rights and freedoms as efficient as possible, the constitutional legislator has provided legal means of constitutional control. The control exercised by the Constitutional Court, when the individual claims the violation of this principle, also appears in the form of a fundamental right in itself and becomes possible through an individual constitutional appeal. Respect for due legal process according to the Constitution is sanctioned by article 42 of the Constitution of Albania where “freedom, property and rights recognized by the Constitution and by law cannot be violated without due process of law.” This provision obliges all public authorities to respect freedom and other human rights.\u0000 As a guarantee for a due legal process, every person has the right for his case to be heard in a due, public, legal process and within a reasonable time by an independent and impartial tribunal, established by law, which shall decide both disputes concerning his rights and obligations of a civil nature, as well as for the validity of any criminal charges against him.” Article 15 of the Constitution of the Republic of Albania provides that basic human rights and freedoms are indivisible, inviolable and underlie the entire legal order. Based on the constitution, during the criminal process, everyone has the right to be informed immediately and in detail about the accusation against him, about his rights, as well as to be given the opportunity to notify his family or relatives. Everyone has the right to defend himself or with the help of a legal defense lawyer of his choice, to communicate freely and privately with him and to be provided with free defense when he/she does not have sufficient means.\u0000 The right of defense must be real and its exercise must not be hindered, but the courts must take all legal measures in function of the fair process in order to give the individual the opportunity to defend himself in compliance with the principle of equality of arms, creating the opportunity for the accused to familiarize himself with the materials, evidence and results of the investigation in advance, to prepare and to exercise an effective defense with arguments in his favor in order to oppose the charge brought. Each party must be given a reasonable opportunity to present its case, under conditions, which do not place it in a less","PeriodicalId":358300,"journal":{"name":"Academic Journal of Business, Administration, Law and Social Sciences","volume":"4 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141846548","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":"Interactive Language Learning Apps: Enhancing student motivation and participation in EFL activities at the University","authors":"Sueda Hoxhaj","doi":"10.2478/ajbals-2024-0012","DOIUrl":"https://doi.org/10.2478/ajbals-2024-0012","url":null,"abstract":"\u0000 This article investigates if there are any changes in student motivation and participation in class when using interactive language learning apps to teach English as a foreign language (EFL) at the university level in Tirana, Albania. These applications which provide dynamic and engaging platforms, have become widespread due to the integration of technology in educational settings.\u0000 The study collected data through a questionnaire that was distributed to 30 university professors who teach English as a foreign language. The questionnaire consisted of 14 questions, with the last one being an open-ended question designed to gather more detailed answers regarding the professors’ experience with language apps.\u0000 The findings indicate that interactive language learning apps help with students’ motivation and encourage active participation, leading to better educational outcomes. Students who work with these apps demonstrate more willingness to participate in classroom activities. The article concludes by offering recommendations for further research in this area.","PeriodicalId":358300,"journal":{"name":"Academic Journal of Business, Administration, Law and Social Sciences","volume":"14 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141851009","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":"Sustainable development goals and corporate strategy: Bridging the gap","authors":"Ina Balukja","doi":"10.2478/ajbals-2024-0011","DOIUrl":"https://doi.org/10.2478/ajbals-2024-0011","url":null,"abstract":"\u0000 This paper investigates the intricate relationship between corporate strategy and sustainable development goals (SDGs) as outlined by the United Nations. Building upon extensive literature review, the research hypothesizes that corporations can significantly contribute to sustainable development while enhancing their long-term viability through strategic alignment with SDGs. To address this hypothesis, the research poses the following research questions: How do corporations currently integrate sustainable development goals into their strategic planning processes? What are the key challenges and opportunities associated with aligning corporate strategy with sustainable development objectives? What are the most effective strategies and practices that corporations can adopt to maximize their impact on sustainable development while ensuring their own long-term sustainability? The primary objective of this paper is to provide insights and guidance for corporate executives, policymakers, and stakeholders seeking to navigate the complex terrain of sustainable development within the corporate sector. Specifically, the research aims to analyze the current state of corporate strategy with regard to sustainable development goals through a comprehensive literature review, as well as to identify key challenges and opportunities faced by corporations in aligning their strategies with sustainable development objectives. The research proposes actionable strategies and best practices for corporations to effectively integrate SDGs into their strategic decision-making processes. By synthesizing findings from the literature review and empirical research, this paper aims to contribute to both academic discourse and practical understanding of how corporations can play a proactive role in advancing sustainable development goals while ensuring their own long-term success.","PeriodicalId":358300,"journal":{"name":"Academic Journal of Business, Administration, Law and Social Sciences","volume":"19 18","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141844938","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 integration of Albanian women in the Balkan and European labor market","authors":"Hava Mucollari, Zaim Korsi, Dashurie Resnja","doi":"10.2478/ajbals-2024-0015","DOIUrl":"https://doi.org/10.2478/ajbals-2024-0015","url":null,"abstract":"\u0000 The integration of Albania in the EU is one of the greatest aspirations that Albanian citizens have in their future. The effort to adapt the workforce of Albanian citizens to the European market has been positive. This can be seen in the number of Albanian women who have moved and continue to move in the EU countries. The emancipation of women has led to an increase in the level of education and an increase in the professional level. The integration of women as equal power in Albanian families makes it possible for the spirit of gender discrimination to decrease significantly.\u0000 The presented study will be based on the inclusion of the Albanian woman in the European market as well as her emancipation in professional development. The review of information includes the analysis of relevant and available data and sources (reports, reports from previous surveys, research, etc.) regarding the needs of the labor market.\u0000 In this paper we will analyze the relationship between gender, education level, age and salary level. Each of these factors in the economy has defined roles, based on the primary indicators and on the distinguishing indicators of everyone’s knowledge in this scheme, but with a common goal to serve the stability and growth of the Albanian economy. The registered unemployment rate for 2011 was 13.3% of which women represent 14.3% and men, 12.4%. The highest unemployment rate corresponds to the 15-29 age group and it is estimated that there is at least 50% employment in the informal economy.\u0000 The purpose of this paper is to analyze the women’s labor market in Albania based on the statistical data of INSTAT with a focus also in the EU and the Western Balkan market by using the linear regression method.","PeriodicalId":358300,"journal":{"name":"Academic Journal of Business, Administration, Law and Social Sciences","volume":"10 20","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141846263","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":"Electronic evidence in the criminal process","authors":"Elsa Miha, Iris Pekmezi","doi":"10.2478/ajbals-2024-0010","DOIUrl":"https://doi.org/10.2478/ajbals-2024-0010","url":null,"abstract":"\u0000 In a criminal process, the evidence constitutes one of the most important components of the burden of proof. In today’s reality, where technological devices and information technology are undergoing an unstoppable development, electronic evidence in the criminal process is increasingly reflecting a great practical importance, which directly affects not only the investigation and trial of criminal offenses in the field of cybernetics, but also in the discovery of all criminal offenses provided for in the Criminal Code of the Republic of Albania.\u0000 Unlike the classic evidence provided expressly and in detail by the criminal procedural law, the provision in this legislation of electronic evidence is special, borrowed almost completely from the content of the Budapest Convention and which has as a distinguishing characteristic a generalizing provision and at the same time is open to include a wide range of evidence, in the variety of electronic evidence.\u0000 However, despite this good forecast, due to the characteristics of electronic evidence, the lack of individuals who have specialized knowledge for obtaining and securing them, with the ultimate goal of using them in the criminal process of evidence, remains a challenge.\u0000 Thus, with the focus on creating a clear picture about electronic evidence in the criminal process, this manuscript will analyse the current legal provision of electronic evidence in Albania, the efficiency of this provision in practice, including identifying characteristics of electronic evidence, the principles of electronic evidence, as well as the process of obtaining and securing them as usable during the criminal process.","PeriodicalId":358300,"journal":{"name":"Academic Journal of Business, Administration, Law and Social Sciences","volume":"315 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141839469","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":"Challenges faced by organizations in the process of green transition","authors":"Imer Zenku, Lidija Stefanovska","doi":"10.2478/ajbals-2024-0002","DOIUrl":"https://doi.org/10.2478/ajbals-2024-0002","url":null,"abstract":"\u0000 Climate played a huge role in every change in the historical course of planet Earth. Even today, it is a topic that inspires experts to think and undertake initiatives for sustainable development based on the principles of green transition. However, in conditions where 99% of European businesses are micro, small and medium, it is clear that the progression of European countries towards the goal of green transition will only be through strategic planning in which “green” goals are incorporated.\u0000 The transformation of micro, small and medium-sized businesses in the future period is imperative. It is becoming a strategic imperative for businessmen who want to advance in the global landscape, which is rapidly developing in a green direction. The transition to a green economy, despite the fact that it is costly, slow and will cause many “victims”, provides significant opportunities for businessmen to strengthen their competitiveness.\u0000 However, it should not be forgotten that parallel to setting green strategic goals, every organization should provide strong internal capacities for the implementation of large-scale changes resulting from green transitions. The transformation should be in the spirit of smart transition, which will enable a balance between what the company wants to achieve and the skills possessed by human resources.","PeriodicalId":358300,"journal":{"name":"Academic Journal of Business, Administration, Law and Social Sciences","volume":"254 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140275311","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":"Discourse analysis in Ulysses and The Sound and the Fury","authors":"Dalila Karakaҫi","doi":"10.2478/ajbals-2024-0006","DOIUrl":"https://doi.org/10.2478/ajbals-2024-0006","url":null,"abstract":"\u0000 The literary style of modernist authors like James Joyce (1882-1941) and William Faulkner (1897-1962) is deeply experimental. Their complexity is intertwined with the desire to retell local, national stories as seen through the eyes of losers from which small literary cosmoses are the desires result to re-adapt domestic spaces. This research does not leave a path for the use of language as a transparent means of expression, but at the same time makes it impossible to express fiction through more linear and elaborative methods, leaving the direct elaboration subordinate, shown from the viewpoint of the marginalized, the oppressed. Their speaking variety is conveyed through repetitions, fixations, alienations, and disturbing endings. The two authors create neologisms that signal dissatisfaction with the limitations of conventional language. Joyce includes Hiberno-English in Ulysses (1920) as a means of cacophonous addition to the voices and styles, just as Faulkner includes the African American speech of the American South. They operate on the differences of their traditions. Joyce attacks the use of syntax, being more interested in the order of words within the sentence, the same concern with syntactic structure that we also see in Faulkner.","PeriodicalId":358300,"journal":{"name":"Academic Journal of Business, Administration, Law and Social Sciences","volume":"501 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140274377","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 right to freedom of expression and its limitations according to Albanian legislation","authors":"Anton Gera","doi":"10.2478/ajbals-2024-0005","DOIUrl":"https://doi.org/10.2478/ajbals-2024-0005","url":null,"abstract":"\u0000 The right to freedom of expression, not without purpose provided for in the first amendment of the Constitution of the United States of America, is one of the main basic rights on which modern democratic states were founded. The enjoyment of this freedom is closely related to a series of other equally basic rights, such as freedom of belief, freedom of organization, the right not to be harassed for personal opinions, the freedom to be attached to a certain political party, etc (Salvatore, 2019). The right to freedom of expression is one of the oldest freedoms that arose as a result of freedom of religion, mentioned by the first Christian writers during the II-III century, and then during the conflicts between Catholics and Protestants in the centuries XVI-XVII.\u0000 On the other hand, it was encouraged and elaborated by the great theorists of the freedom of scientific research (just think of Descartes and Galileo) and of political freedom (such as Milton). Later, the right of Freedom of Expression was elaborated by philosophers of the XVIII-XIX centuries such as Voltaire, Fichte, Benthan. In this sense, John Stuart Mill said that freedom of expression protects us from corrupt power, tyranny, and this freedom is one of the basic guarantees for an open and pluralistic society (Mihajllova, Bacovaska and Shekerxhiev, 2013). Since the circulation of ideas is a prerequisite for the communication of thought, the freedom of expression or manifestation of thought has always been considered by Italian constitutional jurisprudence as the cornerstone of the democratic system (Bin and Pitruzzella, 2012). Main objective of this manuscript is the analysis of the Albanian legislation and jurisprudence about the freedom of expression.","PeriodicalId":358300,"journal":{"name":"Academic Journal of Business, Administration, Law and Social Sciences","volume":"487 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140274390","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":"Promoting adolescent wellness through health education","authors":"Ariana Striniqi Laçej, Aurora Dibra","doi":"10.2478/ajbals-2024-0008","DOIUrl":"https://doi.org/10.2478/ajbals-2024-0008","url":null,"abstract":"\u0000 Regarding the World Health Organization (WHO), health is defined as complete physical, mental, and social well-being and not only as the absence of disease and infirmity. Healthy and safe food is a basic human need and at the same time a condition for good health. To survive and to carry out its normal activity, the organism needs energy, which it receives through safe food products obtained through a balanced quantitative and qualitative diet, and this ensures the well-being of the organism and its preservation from malnutrition and life sedentary, the latter causing most diseases in the world today. WHO data show an increase in obesity among adults in Albania, compared to 10 years ago. Mineral salts and vitamins are food ingredients that play an important role in the vital activity of the organism, in normalizing the functioning of its main systems, and in maintaining the homeostasis of the organism. This paper aims to draw the attention of young people regarding the care they should show for the inclusion of the right quantity and quality, along with other elements of mineral salts and vitamins in their food for a healthy diet.\u0000 This paper analyzes the results of the questionnaire carried out with the help from the school teachers at a high school in the city of Shkoder, regarding the care they show for a healthy diet. Part of the survey was a group of 340 students in the secondary education in the city of Shkodra, Albania, specifically in the gymnasiums: “Jordan Misja” and “28 Nentori”. Special attention has been paid to the privacy and confidentiality of the data received. A printed questionnaire was used. The questions asked were of a static form (closed-ended), including multiple choice (single and multiple responses) as well as rating scales. After receiving the data, a quantitative analysis of the data was made.\u0000 At the end of the scientific work, some important conclusions were reached. Young people’s care for their health is not at the right level. There is a complete lack of attention to the description of the product they consume. We think that the results of the questionnaire affect the awareness of young people and their parents, regarding the care they should show in the selection of food products in their diet, for their well-being. The results of the questionnaire show that the awareness of young people and their parents, regarding the care they should show in the selection of food products in their diet is very low.","PeriodicalId":358300,"journal":{"name":"Academic Journal of Business, Administration, Law and Social Sciences","volume":"66 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140271942","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}