Perspectives of Law and Public Administration

3

Authors: Sedat ISMAJLI

For as long as Kosovo is not a member of the UNO and other mechanisms yet, the latter cannot ratify international conventions on human rights. But, in its constitution (Chapter II, fundamental rights and freedoms), Kosovo has included international agreements and instruments which guarantee the principles and values of human rights and fundamental rights. Kosovo has a wide range of judicial and extrajudicial structures, be it at the central level or else at the local level, whose primary mandate should be advancement and protection of fundamental human rights and freedoms set forth by the Constitution, laws and sub-legal acts. Apart from these structures, there are also other institutions and bodies which could contribute directly or indirectly in fulfilling different obligations in meeting the standards set for the human rights, for instance in the field of good leadership, the rights of minorities and that of inclusion of gender-related aspects.

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Authors: Laura Hoti STATOVCI

The purpose of this study is to identify the impact of digitalization on reducing costs and time savings. The methodology used for this study is regression model and Pearson correlation analysis. Primary data were used to conduct the research with total 313 observations using Likert-scale method. Digitalization is used as independent variable while reducing costs and time savings are used as dependent variables. Based on the results at significance level at 0.000 the digitalization has significant impact on reducing costs and time savings. Public administration management, researchers and other related parties can use the results to determine the effect of digitalization on reducing costs and time savings.

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Authors: Kolë KRASNIQI

The profound economic crisis and political tensions that have reigned in the territory of former Yugoslavia during the last two decades of the previous century (XX century), and especially the circumstances of the war in Bosnia and Herzegovina and Kosovo, have influenced the creation of perceptions of social insecurity among all segments of society. These circumstances, characterized by the improper functioning of the state apparatus, the high level of corruption, the degradation of the public health system and the destruction of the education system, have enabled the unhindered activity of foreign extremist organizations in some countries of the Western Balkans. During this time, all countries in the region were gripped by crises and similar social, economic and political conflicts. In these circumstances, it was enough for a foreign extremist organization to settle in Bosnia, Albania or North Macedonia, and through ethnic ties and the common Islamic tradition that prevails in this compact geographical region, be able to extend its destructive force to other parts of the Western Balkans.Thus a large number of Islamic humanitarian and non-governmental organizations from Saudi Arabia, the United Arab Emirates, State of Qatar, Kuwait and Turkey, later identified as terrorist financing organizations, have invested hundreds of millions of dollars to build a strong propaganda infrastructure, with the aim of spreading a radical ideology and inciting hatred and various religious conflicts in Bosnia, Kosovo, Albania and North Macedonia.

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Authors: Mentor LECAJ, Granit CURRI

Flexibility and other advantages that the International Commercial Arbitration has in resolving commercial contests has made it possible that this mechanism be one of the key factors influencing the foreign capital in the developing countries, as well as signing of a large number of contracts involving a large amount of financial means. The purpose of this paper is to focus on analyzing the advantages of the international arbitration as a credible institution with a procedural and mitigating flexibility towards other mechanisms for solving commercial contests. From the other perspective, this paper analytically explains the reasons as to why the parties avoid other procedures in solving commercial contests. The main purpose of this paper is theoretical influence in promoting this institution by specifically focusing on the importance of the advantages that this institution has as compared to the other procedures in solving the commercial contests. This study will be carried out using content analysis method wherein a number of data from various authors will be analysed (analyzing the relevant literature for this institution through which advantages and disadvantages of the Arbitrary Procedure will be explained).

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Authors: Robert SIUCIŃSKI

This essay aims to analyze the new phenomenon of the blockchain technology from the perspective of Polish tax law. Beginning with the description of the way blockchain technology operates, the notions of decentralization, proof-of-work consensus, and practical immutability are explained. The author researches the new tax regulations in force in Poland since 1 January 2019 and focuses on revenues from cryptocurrency trading, which are classified as revenues from money capital and revenues from capital gains. The article presents a definition of the disposal for valuable consideration of a virtual currency, explains how high is the income tax on income earned from the disposal for valuable consideration of virtual currencies, and provides an overview of the legislation related to tax deductible expenses. Finally, some reflections on the cryptocurrency trading in the context of the pursuit of an economic activity are given.

8

Authors: Cristina CHIHAI

The classification of a prejudicial act pursuant to Article 2411 [Illegal Practice of Financial Activity] of the Penal Code of the Republic of Moldova depends directly on the accurate determination of the crime objective and subjective constituents. The starting point to this end is to define the subject-matter of crime. This paper is aimed to review the complexity of the subject-matter of crimes related to illegal practice of financial activity. Hence, the social relations on the national economy are the generic legal subject-matter of the crime concerned. Moreover, the subgroup legal subjectmatter is also present due to the wide scope of the national economy, which incorporates different spheres of activity. In case of crimes related to illegal practice of financial activity this subject-matter is composed of social relations covering the entrepreneurial activity. Ultimately, we shall mention that the identification of social relations affected by the committed crime involves truthful and consistent application, by the law enforcement bodies, of the provision set forth by Article 2411 of the Penal Code of the Republic of Moldova.

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Authors: Thabo T. MAGABE, Kola O. ODEKU

The doctrine of separation of powers is recognized by most civilized democratic countries. It was first presented in the Magna Carta. The doctrine dictates that power is divided into three branches of the government namely the executive, legislature, and the judiciary. For the doctrine to be implemented effectively and efficiently, there is a principle of checks and balances wherein each branch has power to exercise oversight on the others to check arbitrariness. The essence of checks and balances is to curtain and curtail any abuse of power by any of the branches. The courts have the power to interpret and apply the law and can even declare any provision of the Constitution or legislation invalid and unconstitutional. The courts wield enormous power to the extent that they have the power to review conduct of the other branches and spheres of the state and declare any of their action or conduct inconsistent with the Constitution. However, while exercising their judicial review powers, the courts too have limits or boundaries. The court cannot usurp the power of any of the other two organs of government. The only time a court might intervene in other branch is when the organ of the state has acted contrary to the Constitution. This paper accentuates that the majority judgement in the case of “Economic Freedom Fighters v Speaker of the National assembly 2018 (2) SA 571 (CC) (EFF2)” seemed to have encroached into the domain of the legislative arm of the government by not observing the limits of the judiciary in the exercise of judicial powers and therefore violated the doctrine of separation of powers. Against this backdrop, this paper concurs with the minority judgement in the case of EFF2 which held that the judiciary overarched by usurping the power and performing the functions constitutionally reserved for the parliament-the legislature. It concludes that the judiciary overreached and went beyond exercising checks and balances permitted by the Constitution in that the judiciary used its judicial power to dictate to the parliament to exercise its powers in a certain way. Whereas the Constitution reserved this power to the parliament to make its own rules in order to govern its processes

11

Authors: Raluca Elena ANDERCO (FERARU)

This article aims to bring to the fore the emergence of the phenomenon of precarious work, starting from the legislative enshrinement of the fundamental right to work. The need for this analysis is the result of accelerated social and economic change, and employment status is only one of the many problems facing workers in the economy, since ancient times, until now. Work is an essential factor for the existence of a society, which is why it is included in the category of fundamental rights, being enshrined in the country's Constitution itself. It could also be said that the right to work is integrated into the category of natural rights, as it gives expression to the human right to live as a result of obtaining the necessities of life. Precarious work has emerged in the context of economic development and growing job insecurity. Precarious work occupies a special place in the European work model, so it is important to analyze the reasons behind the emergence and spread of this phenomenon and also outlining a definition and its essential conditions, a concept that will become a separate legal institution.

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Authors: Kastriote VLAHNA, Hajredin KUÇI

An established as well as acquired easement right (recorded in the public real estate books) may have reasons that may lead to the termination of this right. The right of real servitude exists to perform a certain function, a certain social role. And when for some reason this function of the right of servitude can not be applied in practice, then the right of servitude ends or may be extinguished. As with all other legal relationships, and with the servitude relationships with which the legal relationship was created or changed, I can reach a point where that relationship is extinguished. When we talk about a legal relationship, we say that it is the relationship in which a legal title can be created, changed or even extinguished on a certain thing or right. In the present case, the right of servitude is created by a legal title or can be changed from the initial creation by a legal title. In this case, the legal title created either by a legal work or by any of the state bodies, may lead to the disappearance of the right. In all cases in which it is claimed that the right of real servitude can be extinguished, then it must be seen if there is any of the reasons provided by the legal doctrine. As well as regional laws, with the exception of the Kosovo LPDTS, which does not provide for any cause leading to the termination of a real servitude right, but only states that a real servitude right can be extinguished like other established rights. from a legal relationship. It would be very necessary if all the causes (reasons) which lead us to the disappearance of a right of real servitude, are mentioned in the laws.

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Authors: Biljana ČINČURAK ERCEG, Aleksandra VASILJ, Samir VUDRIĆ

In order for transport to function adequately, existing legislation needs to be harmonised and adapted. The Road Transport Act of the Republic of Croatia, with its 2018 amendments, introduced important innovations in the regulation of contracts for transport in domestic road transport, which leads to significant difficulties in the conduct of modern public passenger transport. It was expected that the amendments to this Act would finally and adequately solve the problems related to road transport contracts, which both theory and practice have been warning about for many years. However, again an appropriate solution was not put forward, so Croatian regulation led to noncompliance with international treaties and modern European solutions. Taxi transport as a part of public transport is therefore not adequately regulated. The aim of the amendments to the Road Transport Act was to liberalise the taxi market and facilitate the use of this service, but there were also some negative consequences. In our opinion, the amendments to the provisions on road transport contracts have brought legal uncertainty and made it more difficult to exercise the rights under the transport contract. The paper analyses the changes in Croatian regulations, compares them with the provisions of international conventions and presents the case law of the European Court related to changes to the regulations of passenger transport by taxi. Solutions to the problem of legal regulation of road transport contracts in the Republic of Croatia are proposed at the end of the paper.