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Tax Enforcement Procedure Under Section 104 of Personal Income Tax Act: Matters Arisings Journal of Legal Studies (IF 1.577) Pub Date : 2020-11-07 Kachi Bielu John
Abstract The refusal of a taxpayer to respond or pay the tax due has always provoked the tax authority to approach the court with an ex-parte application in chambers. The result of this ex parte application arms the tax authority with a restraining order. With a detached team of policemen, the tax authority will storm the premises of the taxpayer, vandalize, forcefully drive out the tax payer and seal
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Penal Orders and the Role of Prosecutors in Switzerland Journal of Legal Studies (IF 1.577) Pub Date : 2020-11-07 Raluca Enescu
Abstract Minor infractions represent the majority of criminal cases. Simplified or summary procedures have addressed their increasing number in order to unburden the courts. Because of reduced requirements for the case to be adjudicated, this procedural economy comes usually to the cost of the defendant. Penal orders represent the most successful form of fast track procedure in which the public prosecutor
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The Theory of Forms Without Substance a Romanian Legal Transplant Theory Ahead of its Time Journal of Legal Studies (IF 1.577) Pub Date : 2020-11-07 Răzvan Cosmin Roghină
Abstract Comparative law and legal history show us that law is dynamic, always in continuous development, change, or mutation. This dynamic dimension has become a central concern for the comparative law scholars. The circulation of legal models in the world (e.g. legal transplant, legal transfer, legal borrowing, legal migration) is an evergreen issue. This phenomenon has provoked numerous doctrinal
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Juvenile Justice: Genesis and Current State in Ukraine Journal of Legal Studies (IF 1.577) Pub Date : 2020-11-07 Mariia Kyrylenko
Abstract In this paper, the problem of the functioning of the juvenile justice as a system of all parts of the state mechanism, that deal with the problems of protection and socializing of children is considered. It is determined that the protection of children's rights in Ukraine is an urgent question. That is why providing proper conditions for life, development and socialization of the younger generation
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The Constitutional Hurdles to Exercise Secession Right and Arguments on its Inclusion in the Ethiopian Constitution Journal of Legal Studies (IF 1.577) Pub Date : 2020-11-07 Teshale Shambel
Abstract The right to self-determination is one of the human rights enshrined under the Ethiopian constitution. It is also one of the rights mentioned under ICCPR and ICESCR as well as the constitutions of different countries. Being unique to many other human rights instruments and constitutions in the world, the Ethiopian constitution includes the unconditional right to secession as a part of self-determination
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Comparative Legal Research-Building a Legal Attitude for a Transnational World Journal of Legal Studies (IF 1.577) Pub Date : 2020-11-07 Muhammad Imran Ali
Abstract Comparative Legal Research (CLR) is a valuable tool for legal research because it expands the history of community experience. Understanding basic knowledge in different systems fills the knowledge gap. However, the principles of globalization and universal human rights require a greater role for systematic CLR. This article analyzes the role of comparative legal research in contemporary legal
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Relevant Issues of Exploration the Concept of Indigenous People in the International Legal Instruments and Ukrainian Legal Doctrine Journal of Legal Studies (IF 1.577) Pub Date : 2020-11-07 Dariia Melnykova
Abstract In this paper, the problem of determination of the legal personality of indigenous people as a subject of international law is considered. Hence, the problem articulated above leads to the issue related to aspects of practical realization and protection of rights and freedoms of indigenous people enshrined in international legal instruments, which is revealed. The confusion of the term “indigenous
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Legal Barriers and Quality Compliance in the Business of Biofertilizers and Biopesticides in India Journal of Legal Studies (IF 1.577) Pub Date : 2020-11-07 Hasrat Arjjumend,Konstantia Koutouki
Abstract Biofertilizers and biopesticides (together known as ‘biologicals’) hold the potential to increase farmers’ current agricultural productivity, while at the same time contributing to the soil’s ability to produce more in the future. However, the legal registration of microbial products and the operation of businesses dealing in biologicals face certain barriers, which ultimately affect the expansion
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Study on the Taxation of the Income Obtained from the Cryptocurrency Transfer Journal of Legal Studies (IF 1.577) Pub Date : 2020-11-07 Lucian Cernușca,Bogdan Cosmin Gomoi,Raluca Simina Bilți,Robert Cristian Almași
Abstract This article discusses a number of conceptual and practical issues regarding the taxation of the income coming out from the transfer of virtual currency. The individuals who earn constant money from cryptocurrencies (over 600 lei per year) have the obligation to report their income yearly and to pay the income tax and the health insurance contributions in certain situations. According to the
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Certain Considerations Regarding the Attributions of the Romanian Guardianship Court in the Protection of the Minors Journal of Legal Studies (IF 1.577) Pub Date : 2020-11-07 Daniela Cristina Creț
Abstract The minors’ vulnerability led to the adoption of certain special means of protection. Among them, special protection measures and adoption play a special role. This paper analyses the Romanian court attributions, as guardianship court in the matter of these measures which are regulated by the dispositions of the Law no. 272/2004 republished, regarding the protection and promotion of children's
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Theoretical and Practical Assessments of Transfer Prices. Legal Evidence from Romanian Case Law Journal of Legal Studies (IF 1.577) Pub Date : 2020-11-07 Florin Cornel Dumiter,Ștefania Amalia Jimon
Abstract Transfer pricing represents the mainstream agenda in the light of tax law, lato sensu, and international taxation, stricto sensu. At the international level, there can be an emphasis on several problems related to taxation: double taxation, double non – taxation, permanent establishment, business profits, residence criteria, arm's length principle, mutual agreement procedure, dispute resolution
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Advocating for the Protection of Rights of Children and Women in Nigeria: An Appraisal Journal of Legal Studies (IF 1.577) Pub Date : 2020-11-07 Nneka Umejiaku
Abstract The protection of children and women in Nigeria is very critical because their integration in every sphere is a precedent to the growth and development of nations. However, they face diverse discrimination and violence because they are very vulnerable. The object of this study is to examine the rights of children and women by x-raying the various legal and institutional frameworks that provide
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Seeking the Civilizational Ghosts: Some Remarks on Chinese and Russian Approaches to International Law Through Civilizational Values Journal of Legal Studies (IF 1.577) Pub Date : 2020-06-01 Battagodage Punsara Aravinda Amarasinghe
Abstract This article seeks to examine the rigor of civilizational values in modern international law as a crucial factor and how historically different civilizational values have inculcated different approaches to international law. While critiquing the civilizational rhetoric built by European nations in creating Eurocentric international law, this article brings how international law has been perceived
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The Prospect of Legal Education: An India Overview Journal of Legal Studies (IF 1.577) Pub Date : 2020-06-01 Hari Hara Sudhan Ramaswamy
Abstract Education in India is losing its relevance. This seems much more applicable to the situation in the present day of legal education. This essay aims to focus on two aspects of legal education. Whilst, on one hand, it aims to provide details of the existing legal education system on the other, it aims to drive more attention to the various improvements and developments that are needed. The essay
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The Development of Individual Criminal Responsibility Under International Law: Lessons from Nuremberg and Tokyo War Crimes Trials Journal of Legal Studies (IF 1.577) Pub Date : 2020-06-01 William Edward Adjei
Abstract One of the most significant developments in international law was the establishment of Special Tribunals that could bring to justice individuals allegedly responsible for “grave breaches” and violations of the law against humanity. This is, undoubtedly, a recent global development that has challenged the issues of impunity and sovereignty. Since the Nazis’ atrocities and the Nuremberg trials
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Asylum Proceedings in the Czech Republic During the Migration Crisis Journal of Legal Studies (IF 1.577) Pub Date : 2020-06-01 Petr Černý
Abstract The article deals with the fundamental problems that emerged on the territory of the Czech Republic during the implementation of the asylum procedure throughout the migration crisis in the years 2015 to 2019. Problematic issues related primarily to the detention of migrant asylum seekers were identified by studying the key decisions of national and international courts. The first problematic
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Legal Regalements of E-Signature Journal of Legal Studies (IF 1.577) Pub Date : 2020-06-01 Tea Edisherashvili
Abstract The development of informative technologies, including that of the Internet, has significantly changed the human’s life. The largest portion of civil turnover has been encompassed by e-commerce. This latter is being executed through e-contracts. The e-contract from the doctrinal point of view is considered as dealt and the existence of e-signature is an essential component of its authentication
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Wrongful Omission as a Condition for Tort Liabilities Journal of Legal Studies (IF 1.577) Pub Date : 2020-06-01 Sibilla Buletsa, Svitlana Hrinko, Ruslan Hrinko, Halyna Anikina
Abstract As omission of a person is a certain manifestation of his/her internal will from outside. Exactly through inactivity, the internal will of a person materializes due to which a person becomes a participant of public relations. At the same time in the absence of external expression of will inactivity of a person can not cause the occurrence of legal consequences, in particular, to be examined
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Analysis of the Connections Between Law and Morals, Between Customs and Contemporaneity Journal of Legal Studies (IF 1.577) Pub Date : 2020-06-01 Marțian Iovan
Abstract This paper analyses the concepts of three great Romanian thinkers –theoreticians and philosophers of law – on the relations between law, morals and manners in order to discover, based on their idea filiation in the juridical Romanian culture, the differences of method and contents between them, to identify the practical implication in the field of performing the justice and law-making. Being
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Limitation of Claims in Polish and Ukrainian Civil Code Against the Background of the Principles of European Contract Law and the German Civil Code Journal of Legal Studies (IF 1.577) Pub Date : 2019-12-01 Sibilla Buletsa, Piotr Zakrzewski
Abstract The article deals with limitation of claims in Poland, Ukraine and Germany. The authors made a conclusion that the most liberal solution in the area of contractual regulation of limitation is provided in the German Civil Code, which allows shortening and prolonging the statutory limitation period, whereas the most severe is provided for in the Polish Civil Code, prohibiting it altogether.
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The Significance of Death-Scene Investigation in Determining Cause and Circumstances of Medico-Legal Death Journal of Legal Studies (IF 1.577) Pub Date : 2019-12-01 Corina Crișan
Abstract The article presents two cases of the Arad Medico-Legal Department illustrating just a part of the role of the forensic pathologist at the death scene but there are sufficient to fully justify the importance of this investigation as no example can comprise the complexity of problems and the particularity of each case, nor a statistic can be made. Both cases were found dead at home and forensically
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Re-Assessment of “Claw-Back” Clauses in the Enforcement of Human and Peoples’ Rights in Africa Journal of Legal Studies (IF 1.577) Pub Date : 2019-12-01 William Edward Adjei
Abstract One of the continuing problems, which had faced the African Charter, is many of its substantive provisions that are raven with qualifications without reasonable justification. These rights guaranteed under the Charter are subject to “claw-back” clauses that are introduced by governments and public authorities thereby undermining their citizen‟s basic constitutional rights of securing fundamental
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Euthanasia: Theoretical and Legal Principles Journal of Legal Studies (IF 1.577) Pub Date : 2019-12-01 Myroslava Hromovchuk, Dmytro Byelov
Abstract Some aspects of the possibility of using euthanasia are covered. The author draws attention to the relation between the categories “euthanasia” and “bioethics”. The emphasis has been placed on the legal and medical aspects of the applying of euthanasia, based on the practice of the Netherlands.
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The Romanian Prezidentialized Consultative Referendum. Eating Apples from a Poisonous Tree? Personal and Teleological Interpretations Journal of Legal Studies (IF 1.577) Pub Date : 2019-12-01 Răzvan Cosmin Roghină
Abstract Through this article, we propose an (original) analytical approach on the consultative referendum of May 2019 and a wider critical landscape regarding the consultative referendum institution by enforcing a teleological interpretation. In this sense, we propose three sections. We will start with a short overview on the use of the consultative referendum in the recent years of Romanian democracy
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Certain Considerations Regarding the Attributions of the Guardianship Court in the Protection of the Individuals Journal of Legal Studies (IF 1.577) Pub Date : 2019-12-01 Daniela Cristina Creţ
Abstract The issue of protecting the natural persons has been triggering a lot of interest due to the need for providing them with proper means for this purpose. In Romania, the court of guardianship and family plays an important role in protecting this category of persons, court established as a result of the entering into force of the new Romanian Civil code in 2011. The legal norms distinguish between
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Decision-Making in the International Monetary Fund: Implications for Sovereign Equality of States Journal of Legal Studies (IF 1.577) Pub Date : 2019-06-01 Alex Ansong
Abstract The International Monetary Fund (IMF) is one of the post-Second World War international organizations set up to promote good international economic cooperation among states. Unlike international organizations like the United Nations (UN) and the World Trade Organization (which succeeded the General Agreement on Tariff and Trade 1947), decision-making in the IMF is quite peculiar in that it
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Illegal Access to a Computer System from the Standpoint of the Current Criminal Code Journal of Legal Studies (IF 1.577) Pub Date : 2019-06-01 Alin Teodorus Drăgan
Abstract One of the forms that cybercrime can take at present is illegal access to a computer system. From the very beginning, the world of computers and of the Internet was based on imperfections, defects, and sometimes on poorly understood processes. We might even call this fact “the original sin” of the Internet. In the end, it is not only computer scientists who have come to exploit such defects
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Criminal Responsibility for Concealing Truth in Finance Journal of Legal Studies (IF 1.577) Pub Date : 2019-06-01 Seyyed Ahmad Mir Khalili, Abbas Kalantari, Fatemeh Rezaei Zarchi
Abstract The disguise of truth as one of the main sources of blameworthy in the Qur’an and the customs has been extremely condemned and has cautioned the concealer. In light of the Quranic documentation and the legitimacy of the disguise of reality, it has been acknowledged and acknowledged that instances of household and outside business sectors that reason doubt of merchants and uncertainty in the
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The Defence of Necessity in International Law and Investor Versus State Dispute Settlement Journal of Legal Studies (IF 1.577) Pub Date : 2019-06-01 Bader Bakhit M AlModarra
Abstract The ability of foreign investors to sue host states without reliance on diplomatic protection is one of the most important developments in international investment law in the post-World War II era. The rise of investor-state dispute settlement under international regimes like the Convention Establishing the International Centre for the Settlement of Investment Disputes (ICSID Convention) raises
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Avoiding Double Taxation Through The Assessment of International Tax Treties. Case: ESP’s versus Anaf Braşov Journal of Legal Studies (IF 1.577) Pub Date : 2019-06-01 Florin Dumiter, Ștefania Amalia Jimon, Florin Gheorghe Bene
Abstract International double taxation represents one of the main problems’ for which taxpayers have to deal within a world fulfilled with globalization, uncertainty, risk, asymmetrical information and moral hazard. In this sense, in this article it is provided a qualitative overview regarding the appearance and evolution of the main double taxation conventions and their legal framework. In this article
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The Interface Between the Securitization Act of 2004 and the Financial Rehabilitation and Insolvency Act of 2010 Journal of Legal Studies (IF 1.577) Pub Date : 2018-12-01 Russell Stanley Q. Geronimo
Abstract The interface between securitization law and insolvency law is the central legal concern in designing securitization transactions. The complex structure of these transactions under the Securitization Act of 2004 should be understood within a specific legal context: the possible bankruptcy, insolvency, or liquidation of the “originator” (i.e. the entity requiring securitization financing),
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Human Rights for Life. The Experience of Ukraine Journal of Legal Studies (IF 1.577) Pub Date : 2018-12-01 Myroslava Hromovchuk
Abstract The article reveals the peculiarities of the normative and legal consolidation of the human right to life. The authors pay attention to the provisions of the decisions of the Constitutional Court of Ukraine that carry out the interpretation of the human right to life.
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Member States’ Compliance with EU Law in 2018 in the Field of Internal Market Journal of Legal Studies (IF 1.577) Pub Date : 2018-12-01 Daniel Berlingher
Abstract The present text is dedicated to analysing the situation of Member States’ compliance with EU law in the field of Internal Market because it is one of the most important aspects of the process of European consolidation. In the introductory part we presented the central role of the European Commission because it is the institution that monitors the implementation of the EU law in the national
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Human Rights for Information in Social Networks: Constitutional Aspect Journal of Legal Studies (IF 1.577) Pub Date : 2018-12-01 Dmytry Byelov
Abstract The article is devoted to coverage features the use of public information in social networks. The author draws attention to the occurrence of criminal responsibility for public expression in social networks.
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Unilateral Enforcement of Un Security Council Resolutions: The Case of Operation Iraqi Freedom Journal of Legal Studies (IF 1.577) Pub Date : 2018-12-01 Alex Ansong
Abstract The prohibition of armed aggression under Article 2(2) of the United Nations Charter is one of the most important developments in international law and international relations in the modern era. The fact that the right to wage war is no longer accepted as falling within the sovereignty of the state has ushered in an appreciably stable international order based on the rule of law and not the
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The Procedure of Government Undertaking Liability in Front of the Parliament Journal of Legal Studies (IF 1.577) Pub Date : 2018-06-01 Narcisa-Mihaela Stoicu, Simeon Murgu, Anca-Florina Moroșteș
Abstract The Constitutional provisions regulate the Government possibility to undertake the political liability for a program, a general policy statement or a draft law in front of the Parliament. The purpose of Government political liability for its initiative consists in its decision to continue the given mandate of trust only under the term of the approval for the program, the general policy statement
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Clarifications on the Legal Terminology in the Constitutional Court Jurisprudence Journal of Legal Studies (IF 1.577) Pub Date : 2018-06-01 Ioana Cristina Vida, Anca Moroșteș
Abstract The legal terminology represents a specialised language by which both the lawmaker and the person implementing the law focus on a pre-established communication channel which guarantee for the stability, the accessibility and the predictability of the law, as well as on the juridical security. In the situations when the law moves away from various reasons from the unanimously agreed meaning
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Taxation of Non – Resident Legal Entities in Romania. Case: Rmms vs. Anaf Brăila Journal of Legal Studies (IF 1.577) Pub Date : 2018-06-01 Professor Florin Dumiter, Ștefania Jimon
Abstract The taxation of non - resident economic entities supposes the establishment of an administrative framework as fair, efficient, effective and comprehensible as possible, fact due to the multifaceted nature of the concept of profits generated by an enterprise and which depend on some items as: the foundation of incomes sources, the methods of valuation and collecting taxes, as well as different
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The Fidejussor’s Early Regression in the Insolvency Proceedings Journal of Legal Studies (IF 1.577) Pub Date : 2018-06-01 Ștefan Ioan Lucaciuc
Abstract The early regression of the fidejussor implies his ability to "turn" against the debtor even before he pays something to the creditor „To turn against“ in the sense of the new Civil Code, does not mean the right to actually receive a payment before the fidejussor has paid, at least in part, the claim of the creditor in whose favor he has guaranteed. The same principle applies in insolvency
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Regulating Free Movement of Goods within the European Union Journal of Legal Studies (IF 1.577) Pub Date : 2018-06-01 Daniel Berlingher
Abstract The principle of the free movement of goods in one of great importance for the European Union and for in general and for the Internal Market and the European citizens in particular. Starting from the fact that the Internal market is considered to be a critical element for the present and future prosperity of the European Union in a globalized world, the objective of the present text is to
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Child Pornography and Child Abuse in Cyberspace Journal of Legal Studies (IF 1.577) Pub Date : 2018-06-01 Alin Teodorus Drăgan
Abstract In the course of time, it has been demonstrated that the Internet is a vulnerable system, and this aspect, combined with the advantages it offers (storage, processing and transmission of huge amounts of data, accessibility, ease of use, distance-independence, the possibility of applications in the business field), have resulted in a favourable context for criminal activities, triggering the
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The Actuality of Some Principles and Ideas of Law Philosophy Issued by Mircea Djuvara Journal of Legal Studies (IF 1.577) Pub Date : 2018-06-01 Marţian Iovan
Abstract The author analyzes in this paper principles and ides of philosophy of law issued by Mircea Djuvara, which preserve their contemporaneity, being useful for the perfecting of the state institutions and of the democracy not only at national level, but also at European Union one. His ideas and logical demonstration on the rational fundamentals of law, the autonomy of the moral and legal conscience
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Evidentiary means in feudal Transylvania. Ordeal By fire (holding a red-hot iron) Journal of Legal Studies (IF 1.577) Pub Date : 2017-12-01 Moldovan Iosif Florin
Abstract One of the evidentiary means used in medieval legal procedure was the so-called judgment of God, judicium dei, also known as ordeal, from the Latin term ordalium. Ordeals were characteristic of all peoples in their various stages of development. They were based on the belief that divinity could intervene and perform miracles, disregarding the laws of nature, in order to prove one’s innocence
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CEDAW in the Eyes of the United States Journal of Legal Studies (IF 1.577) Pub Date : 2017-12-01 Saleh Al Shraideh
Despite the large number of reservations registered by Member countries, making it one of the, if not the, most heavily reserved human rights treaties; the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) has managed to achieve a very high rate of states‟ membership [1]. Currently, 187 countries out of the 193 United Nations Members are parties to CEDAW [2]. What is
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The unborn child: history, philosophy and religion Journal of Legal Studies (IF 1.577) Pub Date : 2017-12-01 Maria Casandra Lucan
Abstract All throughout history the unborn, and implicitly its protection, have been subject for academics and practitioners of various areas. The problem of the origin of the soul and the exact determination of the moment when it is united with the body was crucial in enabling us to define the exact moment when the human life begins, and, consequently, for providing proper protection for the unborn
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Double taxation conventions in Romania Case: DSSs Râşnov vs. ANAf braşov Journal of Legal Studies (IF 1.577) Pub Date : 2017-12-01 Florin Dumiter, Ștefania Jimon, Marius Boiță
Abstract Conventions to avoid double taxation are the panacea of tax law, lato sensu, and direct taxation, stricto sensu. Although the current network of double taxation conventions has over 2500 tax treaties concluded by the world’s states, there are still issues that need to be addressed in their application: the anti-abuse provisions to be found in conventions, the practices of the type treaty shopping
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Simion Bărnuţiu – Pioneer in the development of the law sciences and of the legal education in Romania Journal of Legal Studies (IF 1.577) Pub Date : 2017-12-01 Marţian Iovan
Abstract The author analyses in this paper S. Bărnuţiu’s contribution to the establishment of the legal education and to the development of the sciences of the Law in the Romanian area during the mid-19th century. Adept of the natural law philosophy, ardent promotor of human and people’s rights, Bărnuţiu remains a personality of reference in the Romanians’ history not only for being the political leader
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The Parliament Control on Ombudsman Institution Journal of Legal Studies (IF 1.577) Pub Date : 2017-12-01 Narcisa-Mihaela Stoicu, Anca-Florina Moroşteş
Abstract The Parliamentary control is exerted not only on the Government but also on some autonomous administrative authorities and on some special bodies under its subordination. The constitutional norms are extremely synthetic on this form of parliamentary control, as only the art. 116 par. 2 of the Constitution stipulates that specialised bodies may be established which to function under Government
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Certain considerations on the right to legal assistance in civil trials Journal of Legal Studies (IF 1.577) Pub Date : 2017-12-01 Daniela Cristina Creţ
Abstract Ensuring access to justice for all litigants, whether individuals or legal persons, and the operation of the principle of equality for parties in a civil trial, involves, among other things, providing appropriate legal assistance, including by granting certain exemptions, reductions, or postponements in the payment of legal fees stipulated by law to those who do not have the financial resources
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The Need for Diversification of Forensic Tactical Rules Applicable to Crime Scene Investigation Journal of Legal Studies (IF 1.577) Pub Date : 2017-06-01 Pavel Palcu
Abstract The unprecedented development of cybernetics was concretized by the emergence of computer technology in ways difficult to predict. In this context, the international underworld and organized crime have expanded the area of criminal acts, but equally there were new investigation possibilities for the police and judicial authorities, limiting the role of intuition and flair, of human spontaneity
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Testimonial Evidence. Perspectives and Confluences Journal of Legal Studies (IF 1.577) Pub Date : 2017-06-01 Marius Neculcea, Bogdan Ionescu
Abstract The authors aim to “drill” into the complex issue of the testimonial evidence, through a fresher approach, thus being interested, besides the purely legal aspect, also in the historical, sociological and even psychological perspective.
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Novelty Elements and Changes brought to Adoption Procedure by Law No. 57/2016 Journal of Legal Studies (IF 1.577) Pub Date : 2017-06-01 Daniela Creț
Abstract Adoption is chief among the measures of alternative protection that can be taken to protect a child in Romania. According to Law no. 273/2004 on adoption procedure, current forms under which adoption can be found are domestic adoption and international adoption. In what follows we will highlight certain novelty elements and changes to the domestic adoption procedure brought by Law no. 57/2016
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Transfer Prices Implication Upon Tax System. The Romanian Experience Journal of Legal Studies (IF 1.577) Pub Date : 2017-06-01 Florin Dumiter, Marius Boiță
Abstract Transfer prices are a top field in financial and legal scientific research and practical activity. Although this research field is still in the beginning, due to its complexity, as well as it’s inter-, multi- and transdisciplinarity, it can be noted that empirical studies, as well as practical researches in economic and legal matters, have intensified. Moreover, this field of transfer prices
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Limits of Autonomy Principle in Documentary Letters of Credit; Perspective of English Law Journal of Legal Studies (IF 1.577) Pub Date : 2017-06-01 Hamed Alavi
Abstract In this article, the author reviews the approach of English courts to limits of autonomy principle and tries to answer the following research questions: What obligations should the applicant fulfil while opening a credit in accordance with the underlying contract? What are the seller’s remedies when the buyer fails to perform his duties regarding opining and performance of the credit? On the
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Legitimation of the Referendum - the Standard Mechanism of Participatory Democracy Journal of Legal Studies (IF 1.577) Pub Date : 2017-06-01 Laviniu Florin Ușvat
Abstract The referendum is a multidimensional instrument, attested and practiced worldwide, considered to be a compulsory feature of democracy, provided it is used under strict lawfulness. The purpose of putting it into practice is to know the sovereign will of the people, expressed by vote, on a particular issue subject to its decision-making capacity. Following the referendum process, and in the
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Educative Non-Privative Measures of Freedom Journal of Legal Studies (IF 1.577) Pub Date : 2017-06-01 Raul-Teodor Zau
Abstract Infractionality or criminality in minor rank, even if it is a component of a general infractional phenomenon, it shows some particularities determined by biological, psychological and social characteristics of minor persons which Romanian legislature had in mind when it had foreseen their criminal liability. For this, The New riminal Code, stipulates some regulations on the educational measures
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The Warranty of the Right to Defense under an Operating European Department of Public Prosecution Journal of Legal Studies (IF 1.577) Pub Date : 2017-06-01 Pavel Palcu
Abstract Both in the European Union and in European doctrine was widely discussed the ratione materiae of the future European Public Prosecutor. In terms of the Lisbon Treaty its jurisdincion is limited to crimes that threaten the Union’s financial interests, but at the same time the Council of Europe may extend this competence by unanimous decision and other serious offenses. European Public Prosecutor
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Constitutional Justice Journal of Legal Studies (IF 1.577) Pub Date : 2017-06-01 Anca-Florina Moroșteș, Narcisa-Mihaela Stoicu
Abstract The paper with the title “Constitutional Justice” aims to analyse a topic of urgent actuality and of particular importance in the contemporary society. We have tried to show in this paper the importance of the Constitutional control in the rule of law. Starting from the idea of necessity of existence of a Constitution in a democratic State and, implicitly, of a body to follow-up the compliance
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Connections between Ethical Values, the Meaning of Human Life, and Human Communities, according to Vasile Goldiș Journal of Legal Studies (IF 1.577) Pub Date : 2017-06-01 Marţian Iovan
Abstract The author presents the views held by Vasile Goldiș – Transylvanian scholar, politician, and one of the masterminds of the Great Union of 1 December 1918 – regarding the role of universal human values in guiding individuals and human communities. Together with other Christian values, ethics guides individuals, communities, political and administrative elites, churches, and academia. This results
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Lost in Implementation: EU Law Application in Albanian Legal System Journal of Legal Studies (IF 1.577) Pub Date : 2017-06-01 Bojana Hajdini, Gentjan Skara
Abstract Considering the growing importance of the researchers in the area of Europeanization in the candidate countries, the purpose of this paper is to analyse whether, and to what extent EU as a legal normative power has influenced Albania to approximate existing and future legislation and to ensure proper implementation. The paper argues that the Europeanization process is pushing Albania toward