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In this paper the author deals with the phenomenon of street children. To begin with, the author focuses on the meaning of the notion itself and the definition of street children, whereupon the author continues to contemplate the causes of the problem, at the same time referring to the role of the family in this phenomenon. Subsequent to this follows the description of everyday life of these children, examples of what they deal with on daily basis, how they survive and what they are up against. Author also analyzes statistical data on gender, age, origin and habits of the street children. By the end of the paper the author discusses the possible solutions of the problem-those already existing and those yet to be introduced. In the end, the author reviews and comments upon the role and the responsabilities of politicians, legislation, executive power and the society as a whole. [ABSTRACT FROM AUTHOR]

The author focuses on the terms justice and equity in the context of legal philosophy, arguing that the epistemological analysis of those two terms is crucial for legal philosophy. To understand the essence of these terms is to understand the relationship between justice and law. By analyzing works of various philosophers and lawyers, the paper identifies key differences and similarities in their perception of both justice and equity. The author insists on numerous similarities in the definitions of justice. The distinction between distributive and commutative justice is made, based on the argument that both variations of justice are synonymous to the idea of equality (criterial and non - criterial equality), as well as to the syntagm ⪡Common good⪢. By differentiating between morality and justice, the author considers justice to be a special, and most important, part of morality. The relationship between morality and justice is equal to the relationship between justice and law, which are inseparable. In conclusion and throughout the entire paper, the author tries to find a definition of justice and equity. Alongside with the pure definition of justice and equity, the author makes a distinction between the two terms by saying that their content is the same, but their function and application explicitly differ. [ABSTRACT FROM AUTHOR]

This paper is an attempt to define the concept, frame and jurisdiction of the International Criminal Court. Through examining the Court on the basis of the Rome Statute, the attention is given to the theoretical papers which contain pro and contra arguments concerning the existence and quality of the Court. Moreover, a possible role of the Court in the system of international justice is contemplated, combined with its conjunction with the Constitutional Law, the leading foundation of modern states. As an additional supplement to the paper, a relationship between the Court and the United States of America is closely examined through the work of selected authors. [ABSTRACT FROM AUTHOR]

In this paper, the author analyses two principles - the principle of separation of powers and the principle of unity of powers, worked out thoroughly within constitutional law and political doctrine, about how the relations between the bodies that deal with different categories of state functions (legislative, executive and judicial) should be constituted, aiming at the limitation and control of powers and the prevention of their abuses, so that the freedom of every individual could be protected. The author also examines the possibility of realizing these principles through the constitutional text and through the constitutional political reality. In the final part of this paper, the author focuses on the issue of dislocation of competences between the state bodies (in favor of executive power) in the state of emergency, and he points out how states, without regard to different types of power organization, and within the complete system of limitation of powers, in states of emergency (such as war, disorder, earthquake, rebellion and similar), endeavor to achieve some level of control of the executive power, though the executive power, with special mechanisms, on the account of state of emergency largely extends its competences, which threatens with greater possibility of power abuses than in normal circumstances. [ABSTRACT FROM AUTHOR]

In this paper issues of a colossal significance for the constitutional order, democratisation process, liberalisation and the pluralistic political party system in the Republic of Turkey are considered. In the first part, the author analyses the institutional framework for political parties ban by the Constitutional Court of the Republic of Turkey. His analysis continues with a detailed review of the Constitutional Court case law in important cases most of which had their epilogue before the European Court of Human Rights. Thus, the cases are mentioned of the United Communist Party of Turkey (TBKP), the Socialist Party (SP), the Freedom and Democracy Party (ÖZDEP), the Welfare Party (Refah Partisi), the Justice and Development Party (AKP). Further on, the constitutional changes of 2010 and their implications on the specific structure and the protective role of the Constitutional Court, as well as parties' freedom in Turkey, are discussed critically. Finally, the author suggests solutions to the above mentioned issues, and concludes that, taking into ac- count partial and insufficient effects of multiple reforms of the largely restrictive Constitution of 1982, the time has come to adopt a completely new constitution, predominantly oriented towards strengthening of fundamental human rights and freedoms, especially those of a political nature, rule of law and democracy. [ABSTRACT FROM AUTHOR]

In this paper the material of responsibility of the state for the damages caused by terrorist acts, public demonstrations and manifestations has been presented. The article 180. of Contractual obligations act has been for many years the ground for this responsibility. According that article, the state was in obligation to repair this damage no matter the amount or kind of the damage. In 1996. the Act for changing the Contractual obligations act has erased article 180. and the court proceedings have been stopped. The reason for that were many charges brought against the Republic of Croatia for repairing this damage which also represented an enormuous economic weight against its budget. In 2003. a new act has been brought by the name an Act which regulates the responsibility for the damage caused by terrorist acts and public demonstrations. That act substituted article 180. of Contractual obligations act and the court proceedings continued. That act also made some changes in the system of state's responsibility for the damage caused by this events because that responsibility was now restricted regarding the amount and the type of damages. Because of that, many damaged persons were now left without any reparation or that reparation was decreased. Many of this events happened during the National war. That is a very important fact because the courts also found that some of this events can be regarded as war damage. The state is not responsable for war damage and that means that this courts attitude and the new law were a huge regress for the damaged persons. [ABSTRACT FROM AUTHOR]

This paper deals with the arms embargo as a coercive measure provided in Article 41 of the Charter of the United Nations. The author tries to elicit the legal definition of the term ⪡arms embargo⪢ and provides a short overview of the legal nature of this coercive measure. After examination of the various types of the arms embargo in the United Nations system, the enforcement of the arms embargo by the United Nations Security Council is reviewed. Afterwards, the author provides an analysis of several legal and ethical aspects of the arms embargo, as the most frequently employed and the most controversial of all measures without the use of force in the United Nations legal system. [ABSTRACT FROM AUTHOR]

This paper deals with two spheres of application of extraordinary cognition - criminal and civil law, while outlining its organizational and functional rules viewed in development from Augustus to Justinian. Analysis of cognitio extra ordinem in the protection of individuals' interests shows that this public-law procedure appeared as an exception to regular, formulary procedure of a private-law character, and that it was applied by new organs created by Augustus' delegation of judicial powers drawn from tribunitia potestas and imperium proconsulare. The gradual development of the Roman state to absolute oriental-type monarchy led to the consolidation of a network of hierarchically organised judicial organs, as well as of rules for a single dual-instance procedure, which in the time of Justinian took on their final shape of an exclusive judicial procedure of a libellar (written) type. Similarly, analysis of cognitio extra ordinem in the protection of the interests of the Roman community (at first, especially of the person of the princeps) shows that this public-law procedure of an inquisitory nature (with a written judgment containing not only the decision on the sanction, but also the legal grounds) appeared as extraordinary in relation to the regular system of quaestiones perpetuae characterised by an accusatory procedure. It was applied by new organs formed by delegation of Augustus' auctoritas. However, up until the 2nd century the Senate court operated, and developed its specific procedure, the so-called cognitio senatus. Further strengthening of imperial power during the 4th and 5th centuries highlighted the principles of singular and efficient cognitional criminal procedure, but also limited the principles of publicity, oral litigation and judges' freedom of ruling. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to show that the concept of State liability nowadays exists to enable the attainment of two goals: namely, the protection of the individual rights and freedoms, on the one hand, and the proper functioning of the public service on the other hand. Despite the antagonism between those two interests, they can be reconciled. If the State opts to protect the individual rights by permitting actions against it, the State gets in fact a partner who will show the spots of dysfunction within the system. Then the relevant authorities could react timely in removing them. In Croatian legislation there are several acts that provide for the liability of State for damage caused by the civil servants, but there is no comprehensive code that would regulate all aspects of State liability. Therefore, the general regime of Croatian Law on Obligations is applied to all issues not covered by those specific laws, such as the issue of causation and fault. Although Croatian positive law on State liability does not differ too much from the other European states, the case-law of Croatian Supreme Court reveals the opposite. The result of this is that the aggrieved citizen is not entitled to damages, unless the act or omission of the servant is a crime and not merely a tort. Nevertheless, there are improvements. In 2003, Croatia reintroduced the State liability for damages caused by terrorist acts and public demonstrations, military or police acts that previously existed within the Law on Obligations and then were derogated because of the overwhelming actions due to the war. This was a direct consequence of a decision of the European Court for Human Rights. Further on, the case-law of the Croatian Constitutional Court becomes more and more developed giving it the status of a guardian and a sort of Croatian legal 'avant-garde'. Although the improvements in certain spheres of Croatian law and the practice of the Croatian Constitutional Court are most welcome, it is still necessary that even ordinary courts accept such attitude in regard to the State liability. Otherwise, there is an improper balance between the interests of the State and protection of individual rights, at the prejudice of the latter. Due to the facts that Croatia is a candidate country for the membership in the EU and that one of the requirements for that is the stability of institutions guaranteeing democracy, the rule of law, human rights and the ability to take on the obligations of membership, the presentation of the current state of affaires in Croatian law is followed by a short overview of the concept of State liability in the EU law. [ABSTRACT FROM AUTHOR]

This work has endeavored to present the development of a specific problem of punishment and its essential theoretical explanations through the rise of classical philosophical thought of western civilization. In the period from Socrates through 18th century, the idea of punishment was defined through all its aspects. Also, at the beginning of the exposition, it was necessary to give the broad sense of particular terms as parts of the subject of self-conscious man. The second part of the paper focuses on the constructed systems of Kant and Hegel, consisting of the most basic facts and elements of modern punishment such as: guilt, individualization, subjective and objective elements of a punishable deed of equal importance, the principle of the rule of law, moderateness and restriction in the very procedure of the execution of punishment etc. In conclusion, the author deals with establishment of indisputable criteria within the absolute categories of morals and justice as the greatest achievements of European philosophy and its most famous thinkers. [ABSTRACT FROM AUTHOR]