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Copyright of Critique of Law: Independent Legal Studies / Krytyka Prawa: Niezalezne Studia nad Prawem is the property of Akademia Leona Kozminskiego and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Contemporary states take a variety of measures, ranging from economic, social, cultural, and health to legal ones, to ensure the protection of the individual and the family. Social protection is substantially a form or a field of fulfilment of human needs. Economic assistance, social services and social care are considered social programs which aim to alleviate poverty, eliminate social exclusion, provide social care, enable the reintegration of all individuals, families and groups in need. The Republic of Kosovo, through positive law, has undertaken a series of economic and social measures which ensure the protection of the individual and the family. Social protection in the Republic of Kosovo is not defined by a special law, but it is defined by a package of laws. Thus, currently, in Kosovo there is necessary legal infrastructure for social protection beneficiaries, although not complete in the desired form and quality. [ABSTRACT FROM AUTHOR]

The principle of the state of law is undoubtedly one of the most important and essential principles for any state and democratic society. Its fullest realisation in everyday life is the best guarantee for the development of democracy as well as recognition and enforcement of citizens' fundamental rights and freedoms. To this end, the general principles of the rule of law today occupy a special place and are fixed explicitly in contemporary constitutions and democratic legislation. However, it should be borne in mind that the existence of the constitutional and legal framework is only a necessary premise for the rule of law. Equally important is the functioning of various control mechanisms for the implementation of constitutional and legal norms, and especially, the creation of a new mentality among both public officials and citizens expressed in the awareness to the needs for the implementation of these norms and in the reaction with legal and democratic means against their violation by anyone. The Balkan Peninsula represents great strategic importance, not only for the surrounding states but also for the criminal groups that interact in this region. Many Balkan states have been through and currently are in deep democratic transition and it is difficult to break away from their historical past. Although many law enforcement agencies in this region stand out for their professionalism, the impact of consecutive wars presents decisive factors for the triumph or failure of law enforcement institutions against various crimes in this European area. The last war was waged in Kosovo, which ceased in June 1999, has a significant importance in the increase of criminality in Kosovo. After 1999, due to poorly controlled borders, lack of legislation, creation of a new police, and the establishment of the justice system, many criminal groups from the field of narco-criminality took advantage of this situation by creating organized criminal networks for the purpose of trafficking narcotic substances and psychotropic substances from the country of origin, transiting through Kosovo, and continuing towards the country of destination which was in Western Europe. The current internal processes that Kosovo is facing are economic and social development, which are still far from regional and European development structures, which as a result of poverty and lack of perspective, for a significant part of Kosovan society, are resulting with a high crime rate. The geostrategic position of the Republic of Kosovo in the Balkans, as well as the created post-war conditions, enables various criminal groups to carry out organised crime activities. High levels of unemployment and poverty, high levels of corruption in state institutions, and lack of free movement outside Kosovo contribute to creating appropriate conditions for the development of criminality in general and organised crime in particular. In support of various analyses conducted during the research, is the author has noticed that the Republic of Kosovo, compared to EU countries, has a lower level of criminality, while compared to countries in the region where the criminality level is higher. [ABSTRACT FROM AUTHOR]

Being part of the former Socialist Federation of Yugoslavia, according to the Constitution and applicable legislation, Kosovo had social ownership expressed through social enterprises, state properties and ownership by private owners. This system was unique to former Yugoslavia and differs from other former socialist countries. In this aspect, Kosovo, in the democratic transition process, faced the challenges of transforming the first two types of ownership to adapt to the market economy. Social ownership (social enterprises) was presented for privatization through the competent institution (Kosovo Trust Agency, Privatization Agency of Kosovo), while state enterprises received a new status - public enterprises which were transformed into joint-stock companies. This paper elaborates on the privatization process of social and state property according to the model of the free market economy. The paper analyses the legislation and the role of competent institutions as carriers of the property transformation process in the Republic of Kosovo. The purpose of this paper is to analyse the difficulties and challenges of the process of democratic transformation of the society and state institutions of Kosovo from the Socialist System to the Liberal Democracy expressed through the transformation of ownership - the process of privatization of social enterprises and the transformation of state enterprises into public joint stock companies. The paper is analysed by a methodological framework expressed through analysis and synthesis, descriptive method, statistical and comparative method. The paper highlights the difficulties which Kosovo has been passing and continues to face as a new state in the process of privatization and the unwanted effects that this process has had on the economic development of the country. [ABSTRACT FROM AUTHOR]

To analyse democratic and legal labour relations in the current conditions of economic and social development means, first and foremost, to highlight their essence and main features, as well as the development trends and future improvements of these relations. The year 2021, like 2020, has been characterized, among others, by the COVID-19 pandemic. This has produced various effects. As an effort to mitigate these effects, the Government of Kosovo has undertaken measures to support employment through the economic recovery package. Based on this context, the main and only purpose of the 1st Measure of economic recovery is the support of employment. Active employment measures have played a very important role in the integration of unemployed persons into the labour market. One of these measures with the largest number of beneficiaries is Vocational Training. Vocational training is a fundamental and very important process to get a job. In this sense, even the latest statistical data (2021) of the official authorities of Kosovo prove that the largest beneficiaries of active labour market measures are the persons who have undergone vocational training. The purpose of Vocational Training is to enable an increase or adoption of professional knowledge, namely to acquire additional knowledge, skills and abilities to perform efficient work, in order to increase the prospect of employment or retain their employment. Based on the international aspect, employment and the labour market are under the pressure of many factors, such as demographic, technological, economic and political ones; therefore, vocational training is considered as one of the most successful active labour market measures. [ABSTRACT FROM AUTHOR]

Women constitute half of the population in Kosovo, thus representing half of the voters in elections. Given the high importance of women's representation in local governance, Kosovo has approved relevant legislation to guarantee gender equality at this level. The purpose of this study is to critically analyse Kosovo's legislation on women's political participation rights in the country's municipalities. The analysis of Kosovo legislation on gender equality, international standards, and statistical data on women's representation in local governance in Kosovo proves that women are underrepresented in municipal-level politics, with an average of 14.5% during the last twenty-three years, much lower than the gender quota in Kosovo and the world average of 36%. This is due to the non-harmonisation of the electoral quota with the gender quota (50%), the non-implementation of Kosovo Law on Gender Equality, traditions, prejudice against women, and the reluctance of women to assume governing positions. [ABSTRACT FROM AUTHOR]

Copyright of Critique of Law: Independent Legal Studies / Krytyka Prawa: Niezalezne Studia nad Prawem is the property of Akademia Leona Kozminskiego and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Fundamental human rights and freedoms are at the core of any legal system in developed and developing democracies. One of the key rights in the catalogue of human rights are undoubtedly the children's rights. The international system of human rights, and the national systems, give great importance to guaranteeing of the children's rights. Following the establishment of Kosovo state institutions, the evolution of fundamental human rights and freedoms required the necessity of time. The integration of the Convention on the Rights of the Child into the Constitution, which is directly applicable, provides the basis for sufficient legal regulation to guarantee the children's rights. Kosovo legal system guarantees the effective protection of human and children's fundamental rights and freedoms, even though Kosovo is not a signatory to these international instruments. Despite the efforts that have been made and continue to be made in Kosovo regarding the implementation of legislation in force, the situation in practice is still unsatisfactory and children continue to be discriminated against in various areas. [ABSTRACT FROM AUTHOR]

Marriage is the oldest and most important social legal institution. It is the basis of the family and its duty is to perform numerous social functions. Humans, in their life, as a primary goal have marital union, family creation, living conditions, personal and family well-being. Humans complete themselves with a healthy marriage and with the creation of a healthy family. The basis of the family in Islam is the almost precisely defined blood relationship and the marital agreement. Whereas marriage in secular law is a specific union, from the content of which derive its purposes. The purposes of marriage in secular law are: the purpose of cohabitation, the purpose of marital solidarity and the social purpose. Islam shows special care in strengthening the family and protecting it from everything that damages and undermines its structure, because the organisation of the family with its members guarantees the organisation of individuals and society in general. Islam has an average position between categorical prohibition and unqualified liberalization of divorce. While according to Islamic Sharia divorce is an act of the will, of the wife or the husband, to request if the marital relationship has been seriously or continuously disrupted, or when for other reasons it has been irrevocably dissolved. According to secular law, divorce cannot occur otherwise except by decision of the competent court, at the request of one spouse, or both. [ABSTRACT FROM AUTHOR]

As a legal notion, freedom of work and the right to work are respectively the freedom and the right to work or not to work. This thesis is closely related to the action rule of the labour market supply and demand law. Kosovo, on national level, has promulgated a number of laws deriving from labour law, adapting them to international laws and European Union standards. This approach of Kosovo has to do more with its needs and aspirations to join international organizations. The purpose of this paper is the research through statistical data and facts published in the annual reports of state bodies and nongovernmental organizations on the practical implementation of the European Union and the International Labour Organization labour legislation and standards in the Republic of Kosovo. Empirical character research findings have concluded that labour rights violations in Kosovo are evident and widespread both in the public and private sector, without exception, and these labour rights violations continue. [ABSTRACT FROM AUTHOR]

Benefits, according to social insurance funds, have the nature of compensation for lost profits. Hence, the social insurance function has to meet the most important subjective requirements, provide for bare needs, and fulfil minimum standard of living. Contemporary states undertake a series of economic, social, cultural, health, and legal measures to ensure the protection of individuals and family. Various authors define the level of satisfying the needs as the social minimum. Thus, a special law provides the right to material benefit for those in need. Therefore, Kosovo pays special attention to family, mothers, children, martyrs, invalids, veterans and KLA members. The social insurance scheme in the Republic of Kosovo is not defined by a special law, but is defined by a set of laws. Thus, Kosovo has currently legal infrastructure necessary for beneficiaries of the social insurance scheme, though not in the desired form and capacity. [ABSTRACT FROM AUTHOR]

The study is a result of the research-scientific work and observation of the modernization of public administration in the Republic of Kosovo, as a goal and purpose of the government in the function of public administration reforms to make it more efficient, more economical and more accountable according to EU standards. Public administration is one of the main segments through which relations among the state, civil society and the private sector are realized. In this regard, support for innovation in public administration enables the realization of development objectives, in particular in economic advantages, poverty reduction, institutional harmony and stability. Modernization of public administration in Kosovo can be defined as a challenge in making significant government changes, decentralization of public administration, simplification of procedures, informalization of services and e-government at all levels of administration and improvement in the field of human resource development. Through digitalisation and egovernment, Kosovo public administration becomes compatible with those of the EU states. The principles and standards of good administration derive from EU legislation and jurisprudence, as well as the good administrative practice of EU member states. [ABSTRACT FROM AUTHOR]