Juridical Tribune - Tribuna Juridica

519 - 534

Authors: Professor Antonio Goucha SOARES

This article explores the Brexit referendum, focusing on the political events that led to the vote, namely, the Conservative Party’s return to power, David Cameron’s attempts to appease the European divide within his party and the role played by the British Parliament in the whole process. It then discusses whether the referendum was the most suitable way to decide on European Union membership, considering the sovereignty of the British Parliament, as well as the contrast between representative democracy and direct democracy.

549 - 558

Authors: Professor Raluca DIMITRIU

What will be the effects of the current trend in Labour Law of emancipation from the constraints of contractualism? Could the worker be regarded as other than a contracting party and his/her actions be addressed beyond purely contractual rights and obligations? The worker does not limit himself/herself today to the performance of the work tasks, but acts as a citizen in the workplace; it is a reality calling for new theoretical approaches, away from the contractual constraints. The individualization of labour law appears as the result of the evolution of the rules of labour law, which contributes to promoting the figure of each employee as an independent and unique human being. This paradigm shift also generates changes in the relationship between labour law and human rights protection; none of the two being currently estranged from the orientation towards the individual (and not to the collectivity). Labour law cannot resist to post-modern, individual-centred approaches that shift the focus from the group – to persons, recognizing (and celebrating) the uniqueness of each of them. The paper offers an approach to the rights of the worker from the perspective of human rights, by investigating the advantages and disadvantages of such an extension. It seeks to identify the obstacles between the two categories of rights and the extent to which they could be overcome.

574 - 582

Authors: Professor Dobrinka CHANKOVA

The focus of this paper is the corruption in economic and business relations in Bulgaria and the registered new trends. This type of corruption impedes economic development, causing distortions and inefficiencies, hence the necessity of an adequate response. The current meta-analysis of the available literature and the researched practice in a chronological and structured way is trying to explore the latest developments of the theory, legislation, institutional decisions and social attitude towards corruption and to present new approaches and ideas for a solution to the problem. Special attention is paid to the relatively new phenomenon "private-to-private" corruption, the new Bulgarian Act on Counteracting Corruption and on Seizure of Illegally Acquired Property 2018 and the best practices for fighting corruption and investigating fraud with EU funds. Some extra proposals for improvement of business climate are offered with a recommendation for probation. If all that is successful, it could be extrapolated in other fields, countries, etc.

589 - 598

Authors: PhD. student Adrian COROBANĂ

This article analyses two of the most controversial institutions of public international law: the recognition/non-recognition of states and the sanction in public international law, arguing why the non-recognition of states represents one of the specific sanctions of the public international law. The purpose of this article is to bring a novelty value to the current stage of research, by analysing a specific sanction of public international law: the non-recognition of the states created by disregarding international rules, especially the jus cogens ones. Therefore, the research hypothesis of this article is as follows: the nonrecognition of states represents a specific legal sanction of public international law which intervenes as a results of the violation of some jus cogens rules in the process of creating the new state that wants its recognition.

607 - 617

Authors: PhD. student Michał NAJMAN

The purpose of the article is to demonstrate the lack of uniformity in determining the subject of protection of crimes performed on human corpses or their resting place. The conclusions were drawn from the analysis of 48 penal codes, including 15 European, 12 Asian, 9 African and 11 American. It has been shown that the investigated offenses do not constitute a homogeneous group due to the statutory object of protection. An attempt was also made to answer the question whether non-legal factors, such as religion, social development, economic development or the level of democratization in selected countries have an impact on the definition of the object of protection of given crimes.

628 - 643

Authors: Professor Valerii TISHCHENKO; Associate professor Olesia VASHCHUK; Associate professor Yuliia HRES

The article is devoted to the formation of theoretical basis of the forensic approach to the study of non-verbal information in criminal proceedings. The authors have carried out the analysis of different approaches to study of non-verbal information. Formulating the forensic approach to the study of non-verbal information will allow correct determining the content of such information, successful use of it in practice, which will ultimately facilitate timely and complete disclosure of crimes. The purpose of the research in the field of non-verbal information is to develop new knowledge about the physiological and psychological state of a person in criminal proceedings. The article focuses on the definition of the legal status of a non-verbal information specialist. The provisions of the current Criminal Procedure Code of Ukraine are analyzed. In order to improve the legal regulation, the conclusion about the necessity to amend certain norms of the main criminal procedure normative legal act of Ukraine is made