Academic Journal of Business, Administration, Law and Social Sciences

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• Direct marketing, presence on social networks of hotel enterprises in Kosovo

  The main purpose of this paper is to analyze and clarify how direct marketing is and how should be developed through the presence on social networks in hotel enterprises. Direct marketing is a process of direct communication between enterprises and consumers to achieve customer feedback and stimulate a positive att itude towards the company’s products and services. We are living in a digital world and through social media this communication can be achieved. A social network is a website or other application wherein people with similar interests come together to communicate. Knowing that the main social media platforms on the Internet are Facebook, Instagram and Twitt er, then our research is also based on these three platforms. The research was done online and the quantitative method was used. The sample is from hotels that operate in Kosovo. The research process is based on the presence of hotels in the three social networks and the comparison between them. The measuring elements used in the questionnaire are: number of comments, number of posts, engagement, fans, interactivity, daily posting, reactions, comments and distribution and number of likes. Based on our findings, the hotel enterprises of our country should increase their posts on a daily basis and increase the number of fans. By increasing these two elements then we will have positive implications for the other elements as well. If this is achieved then we will have a greater and more direct communication between potential customers and hotel enterprises. This results in the development of direct marketing in these enterprises through social networks. Keywords: direct marketing, social networks, Facebook, Instagram, Twitt er.

• BREXIT: Contemplating the European Union integration in terms of democracy after the first withdrawal from the Union

  England left the European Union at midnight, on Friday 31st of January 2020. The so-called Brexit shook the foundations of the Unity. Nevertheless it had this positive effect, besides that in the final analyze it is just the exploitation of an opportunity that the EU legislative loophole created, it made European Union more alert, att entive and concentrated to not let anything slip through the cracks created. This article elaborates the flow of events up till Brexit so to comprehend it in order to anticipate the further integration, a version of resolution for Post-Brexit re-establishment of EU and the current state of European Union aft er Brexit. Keywords: Brexit, democracy, enlargement, European Union, freedom, resolution, withdrawal.

• Enforcement of court decisions which are the exclusive competence of the courts in the Republic of Kosovo

  Enforcement procedure is the final part and possibly the most sensible part of the civil procedure. With the new legal changes, apart from the court as a competent institution and authority, it is also the private enforcement agent, a body which in its work will have full legal public authority. However, with the new Law on Enforcement Procedure of The Republic of Kosovo (LEPRK), for certain cases, the court will be competent for execution. In this regard, the LEP also emphasizes the role of the court in the implementation of this procedure so that the realization of the subjective civil rights of the parties in the procedure is expressed as soon and as fairly as possible. LEP has envisaged in detail the rules and conditions under which the execution can be commenced and performed, including the enforcement carried out by the private enforcement agent. The focus of this paper is only the enforcement for which the court has exclusive jurisdiction. Keywords: creditor, debtor, enforcement document, confidential document, private enforcement agent.

• Paternal responsibility in the Albanian judicial practice

  The purpose of this paper is to identify and analyze the problems that arise during the exercise of parental responsibility, seen in an interpretation of the legal norms that regulate this institute and local case law. The paper aims to be mainly practical based on the legal practice of the Court of the Tirana Judicial District during the periods 2016-2019. In addition to parental responsibility, this paper also briefly addresses the problems of children’s movement abroad, as a new issue for the courts of our country. Parental responsibility is one of the institutes of family law, which is directly related to the highest interest of the child and as such it has a wide scope and appears several times in the Family Code. Parenting, like any other legal relationship, creates rights and obligations for the parties. Although the main principle of law in any relationship that is created between the subjects of law is the principle of equality of the parties, in this relationship (parenting) we notice that the highest interest of one party prevails, that of children. Keywords: family code, parental responsibility, court, movement of children abroad, institute.

• Amendments in criminal legislation - Cause of the global pandemic

  The purpose of this paper is to analyze the need for identification and the extent to which the intervention of the legislator was necessary to undertake amendment in the Criminal Code. The analysis begins with a description of the need and follow-up of its process from the initial draft to its approval by law no. 35/2020 “On some additions and amendments to the law no. 7895, dated 27.1.1995, “Criminal Code of the Republic of Albania”, as amended”. Through this paper I intend to analyze the extent of the intervention of the Albanian legislator, compared to what is actually provided in the criminal legislation of some other European countries, which provide sanctions for infectious diseases. Analysis of foreign legislation from the point of view of the principle of proportionality with the latest provisions adopted by the Republic of Albania in the period of pandemics and in an extraordinary and emergency situation for the protection of health and life of its citizens such as that of global pandemics. Keywords: Criminal legislation, state of emergency, state of natural disaster, public health.

• What is lost and gained in translation

  Once the principle that equality between two languages cannot exist is accepted, it becomes possible to approach the issue of what is lost and what is gained during the translation process. Again this shows the low status of the translation, as a lot of time must have been spent discussing what is lost during the transfer of a text from the source language to the translation language, while ignoring what can be gained, because the translator can oft en enrich or clarify the text in the Source Language, as a direct result of the translation process. Moreover, what is oft en seen as a “loss” from the context of the Source Language can be replaced in the context of the Translation Language, as occurs in Petrarch’s translations by White and Surrey. Keywords: languages, equality, translation process, loss and gain.

• Contractual freedom in contract law (With special emphasis on the construction contract)

  A contract is an agreement between two or more persons who intend to establish, change or extinguish a legal-civil relationship. Civil legal relations between the parties to the contractual law are regulated based on the principle of autonomy of the will of the parties. Legal entities by freely manifesting their will regulate a civil legal relationship. Regarding the autonomy of the will, the legal doctrine does not have a unique position. Voluntary autonomy is explained more as a philosophical concept. Freedom of contract represents the possibility for the parties of their own free will to regulate their mutual relations. Restriction of contractual freedom has been done with imperative norms, with rules of morality and rules of good habits. Restriction of contracting freedom is oriented in terms of the possibility of choosing the contracting party, restriction in terms of content through adhesion contracts and in formal contracts through the form of contract, which includes consent to enter into the contract. Free restriction of the contracting of the party in case of concluding the contract is mostly expressed in the construction contract. The construction contract is a very formal contract and the nonimplementation of the legal provision regarding the form of the contract brings the invalidity of the contract. These contracts in contemporary law are known as standard contracts which are previously draft ed by one of the parties. These contracts are known as “take it or leave it” and the contracting party is not allowed to change the content but must enter into the contract as it is. Keywords: contract, contractual freedom, construction contract, autonomy of the will, standard contract.

• Fighting corruption by justice authorities in Prizren

  Corruption is the use and abuse of public power for private purposes manifested in various ways. The most common are fraud, bribery, nepotism, abuse, favoritism, etc. As a negative phenomenon of society,it is widespread in all countries of the world, but the rate of its rise differs. Corruption is more widespread in Southeast Europe and especially in the Western Balkans where we also are an integral part of these countries. In order to investigate this phenomenon, we have focused on the fight against corruption by the justice institutions in the Prizren region. The objective of the research is to highlight the work of the justice authorities, that is of the Basic Prosecution and the Basic Court of Prizren in their proceedings related to the prosecution and conviction of perpetrators of criminal offenses sanctioned as “Official corruption and criminal offenses against official duty”. The research targeted the time period of 2017 and 2018. The methods used in conducting the research are qualitative and quantitative, analytical, and comparative. Based on the foregoing, the focus of the paper is to clarify the efficiency of the Prizren Basic Prosecution’s work in prosecuting perpetrators of corruption offenses as well as the sentences imposed by the Basic Court as the preventive and punitive purpose of punishment was achieved. Based on the research conducted it was concluded that although a considerable number of criminal cases of corruption were resolved, however, the sentences imposed did not achieve the specific and general purpose of the sentence, which had an impact on the efficiency of criminal prosecution developed. The tightening of punishment policies would affect the strengthening of the fight against corruption. Keywords: Corruption, prosecution, court, criminal prosecution, punishments.

• Goods evaluation in contest of the customs revenues

  Customs goods evaluation is a particular challenge of the customs system in a country, as it represents one of the most complex issues in the aspect of the goods evaluation for the customs purposes. Evaluation a good means that you must be equipped with sufficient knowledge regarding the value of the goods at the importing moment as well we must have understanding about the qualities, specifics and the nature of the goods, as the value of the goods is determined automatically based on its composition or qualities. Goods evaluation for the customs purpose must be in real manner for the goods cleared and the customs authorities have no right to collect taxes for higher re-evaluated goods as it means so as principle of the fair evaluation of the goods is breached, but one must be careful to do not have undervaluation of the customs goods as it must result in a customs law violation. Keywords: customs goods, evaluation, customs tax, customs offence, customs system.

• Characteristics of the financial system of Kosovo

  The financial system in Kosovo since the post-war period and until the present has consistently increased in most of its values, which shows that financial institutions in Kosovo have established sound operation foundations by providing security and trust to clients. Banks are the only institution for injecting money into the economy. They are the key indicator in establishment of working places, in the increase of productivity and innovation. This has made the financial system in Kosovo to constantly contribute to the economic development of the country through the lending process from credit (loan) providing institutions (through commercial banks and microfinance institutions), but also through the services provided by insurance companies. The efficiency and reform acceleration of the financial system is of great importance for the transformation process, as the efficiency and reform acceleration in this sector has a decisive influence on the speed of the transformation process of other sectors of the economy. The present paper aims to present the structure of the financial system, segmentation of the banking system, the structure of assets and resources of the banking system, the role of the banking system in the economic development of the country, operational creditors risk management in the banking system of Kosovo. Keywords: Kosovo, financial system, bank, financial auxiliaries, deposits, credit (loan).

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