Academic Journal of Business, Administration, Law and Social Sciences

International Institute For Private Commercial And Competition Law (IIPCCL)
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  • The sanitation of autochthonous grapevine cultivars (Kallmet and Vlosh) from viral infections using in vitro techniques

    The use of the "pure" plant material constitutes a necessity for development of the contemporary horticulture, determined by the phytosanitary normative. We studied some autochthonous grapevine cultivars (Vlosh and Kallmet) in order to evaluate the phytosanitation state diagnosed with the serological method of DAS-ELISA for the presence of viruses such as: GFLV, GFcV, GLRaV-1, GLRaV-3. The results of the serological testing the cultivars resulted infected with the virus GLRaV-3 (Grapevine leafroll-associated virus). In order to improve the grapevine cultivars from the viral infection we applied the in vitro technique: In vitro meristem tip culture and in vitro heat therapy, by going through all its phases such as inoculation, propagation, rooting, and in vivo acclimatization. For each of the studies cultivar were isolated 30 meristem tips 0,4-0,6 mm in size which were excised from young 4 -5 cm long shoots of infected plants from the apical stems and aft er 40 days in the vegetative room we received 18 explants Vlosh and 14 explants Kallmet. Infected plants were put in a growth chamber at 38°C, with a 16 h photoperiod (5000 lux). The new plants were put in the in vitro thermotherapy chamber; the Vlosh plants stayed there for 3 months and Kallmet plants 4 months in temperature 38ºC in therapeutic treatment. Aft er the adoption in vivo acclimatization these plants underwent the sanitation evaluation which proved the phytosanitation purity of the cultivars 3/5 Vlosh grapevine and 2/3 Kallmet grapevine. Keywords: meristematic culture, the sanitized in vitro, thermotherapy in vitro. grapevine leafrollassociated virus, Kallmet, Vlosh

  • The right to Defense Counsel and its implementation according to the Criminal Procedure Code of Kosovo

    This paper aims to address the normative aspect of determining the right to defense counsel and the importance of this right in practice as a guarantee for a fair trial under the Criminal Procedure Code of Kosovo. This paper will address two dimensions. In the fi rst dimension, the researcher will address the meaning and importance of the right to defense counsel, including the analysis of the right to mandatory defense and the right to defense counsel at public expense, and the refl ection that this right has in the implementation of criminal procedural principles regarding with the position of the defendant as an equal party. The second dimension will address the implementation of the right to defense counselby judicial bodies by analyzing the powers of the defense counsel at each stage of criminal proceedings, in order to guarantee a fair criminal trial. Keywords: defense counsel, fair trial, defendant, Criminal Procedure Code of Kosovo (CPCK)

  • Vertical jump to female & male volleyball players in Albania

    Aims: The reason of this study is the evaluation of the "Vertical Jump" and other parameters of the Albanian National Championship volleyball players female & male. The performance profi ling of volleyball players is important to distinguish the anthropometric and physicalcharacteristics from other sports. Methods: Volleyball players were tested in diff erent periods before and aft er the training with their coaches. Subjects were 10 Female (F) mean age 19.1 years old and 10 Male (M) mean age 19.8 years old. They evaluated us; Body Height (BH), Body Mass (BMI %), Body Weight (BW), Squat Jump(SJ), Countermovement Jump(CMJ) and Drop Jump 40cm (DJ). Result: Diff erences were seen to individual volleyball players between two periods, before and aft er the testing. From the obtained data of the test was observed even the eff ect of the training that these athletes have done for the jumping level, assessment of explosive strength and maximum power. Conclusions: The obtained results suggest changes in sporting performance of "vertical jump" in the force sett ings, speed and power. The evaluation of these tests is one of the key features of a vertical jump as one of the specifi c technical element in the game on air in the sport of volleyball. Keywords: volleyball, drop jump, female & male, squat-countermovement jump

  • Grounds for sett ing aside award under Kosovo Arbitration Law in comparative perspective

    This paper is concerned with the grounds for sett ing aside award according to Kosovo Arbitration Law (hereinaft er: KAL) comparing with UNCITRAL Model Law (hereinaft er: Model Law). In particular, this paper will review only the grounds for sett ing aside award under the KAL that diff er in relation to the Model Law. Further, the paper will assess, analyze and interpret KAL provisions of article 36 and compare with article 34 of the Model Law. Furthermore, the KAL provisions will be comparing with the legislations of the Model Law countries and non- Model Law countries with respect to the grounds for sett ing aside award. The purpose of this study is to explain, examine, analyze, interpret and compare provisions that stipulate grounds for sett ing aside award according to KAL and identify existing diff erence in the KAL with Model Law. The diff erences between article 36 of the KAL and article 34 of the Model Law reads as follow: a) Title of article 36 of the KAL; b) Obligation of Court; c) Excess by arbitrator of his authority; d) Defects in both composition of arbitral tribunal and arbitral procedure; e) Arbitrability; f) Time limitations for sett ing aside award; g) Remission procedure; It can be concluded that grounds for sett ing aside award according to Kosovo Arbitration Law are partially compliant to the grounds for sett ing aside award based on the Model Law. Keywords: arbitration, grounds for sett ing aside award, diff erence, Kosovo Arbitration Law, UNCITRAL Model Law

  • Municipal performance, territorial reform and development during the gaps in Albanian businesses - An overview of ADP principles and financial management

    Territorial reforms are the most radical and contested reorganization of the sub national administration. The academic interest for this phenomenon is substantial. However, a cleavage divides the literature dealing with the issue: In a fi rst strand, economists provide primarily quantitative ex-post analysis of such reform ventures. As a matt er of research design and method applied, this work more than oft en focuses on selected fi nancial aspects as reform outputs. Mostly, a narrow focus on economies of scale is chosen, defi ned as budget cuts or tax reductions. From an economist's perspective, spending per capita (in total or in certain policy fi elds) seems probably the most salient variable to look at. 1For most citizens and the administrative ‘boots on the ground' this perspective is secondary. Questions of availability and quality of services can easily mobilize considerable shares of a population – the outlook for a smallish tax reduction will not. While the overall fi ndings in this cost-centered debate are still inconclusive a predominantly critical connotation characterizes many of these economies of scale-centered publications 2recently politicians and economists have oft en talked about structural reforms as the path toward sustainable economic growth. The implementation of the Competition Policy and Law is the most eff ective and less costly reform because its daily consistent implementation leads to direct benefi ts for businesses and citizens. The direct outcome of the implementation of this reform is increased market awareness, which, in turn, leads to increased effi ciency in resource use by the society. The European Union has established, in the framework of Enlargement and the Public Internal Financial Control concept (PIFC), a set of principles in relation to sound fi nancial management of public resources, resulting from both national and international fi nancing. This set of principles is suggested to be followed and adhered to by the Republic of Albania in their relevant legislation and implementation. Internal Audit is present in Albania for developing this system. In the assessment carried out by the EU in July 2008, they identifi ed that the internal audit law needed to be brought up to date in light of the PIFC requirements. Their main points were we are focus in this paper research are: 1. Over-lapping audit process between the High State Control and Internal Audit; 2.The audit of smaller entities should not be carried out by Albanian business. However, if the audit work does not represent a considerable workload, the audit could be maintained in Albania at least as a temporary solution. The Albania government would be responsible for assessing the training needs, provide training and certifi cation of internal auditors, including developing continuous training programs in Republic of Albania. Keywords: Municipal performance, Audit and fi nance system, Albanian territorial reforms, State control, internal municipal role. JEL Classifi cation: M10, M11, F12, F14, M14, M16, M38, M48

  • Blake and the diversity of influences over his poetry

    William Blake's poetry falls into three main categories. First, there are the lyrics, of which the most important ones are the Songs of Innocence and Songs of Experience. In this category we fi nd the earlier poems included in the Poetical Sketches (1769-78), many of which are indeed experiments in which Blake partially imitates earlier writers such as Shakespeare and others. Some manuscripts can be included in the fi rst category, such as ‘Pickering Manuscript', ‘The Mental Traveller', ‘The Crystal Cabinet', which are essential to understand Blake's developing mythology. In the second category or group of poems we have the short prophecies which include: "Tiriel" (1789), "The Book of Thel" (1789), "The Marriage of Heaven and Hell" (1790-1793), "The Visions of the Daughters of Albion" (1793), "America" (1793), "The Book of Urizen" (1794), etc., which build up a mythology created by Blake in regard to the creation of the world and the nature of God. These "short prophecy" books should be read in conjunction with the historical events and the background of the eighteenth century and the early years of the nineteenth century. Therefore, they are very complex works, which need to be read at mythological, historical and psychological levels and above all as works of art in their own right. In the third category or group of poems we have the long propheciesthat include "The Four Zoas" (1795-1804), "Milton" (1804-1808) and "Jerusalem". Writing them in epic form, Blake strove to provide an account of the human history from its beginnings to his day. William Blake was widely infl uenced by the Swedish visionary and religious thinker, Emanuel Swedenborg, by the German mystic Jakob Böhme, as well as the esoteric doctrine of Rosicrucianism 1, which had had its adherents in England since Robert Fludd. Blake was infl uenced by mystical and magical ideas, and since Blake was himself a visionary, his ideas oft en times came in the form of clearly visualized encounters with angels, prophets or other symbolic characters. Blake's poems and prophetic books, except for his fi rst volume of poems, Poetical Sketches, were etched by himself on copper plates with decorative designs. He was an engraver by profession, and his work as a poet and prophet was litt le known during his lifetime. 2 Keywords: William Blake, diversity, poetry

  • Psychosocial Factor in the Education of the Individual

    Psychology aff ects a number of factors in shaping behavior and personality of the individual. Man is not born the one he is since when come to life as individuals and through life we acquire roles. In the process of education, we acquire beliefs, dialoguing and monologuing culture, objections, admissions, beliefs, att itudes and, above all, positivity and negativity. We gain what is more important and should put emphasis on subjective att itudes we keep in diff erent random circumstances. Att itudes ultimately commanded by ourselves. Factors infl uencing the formation of the individual are internal and external. External factors include family climate, mentality, cultural and economic status level. External factors include personality, character and temperament. All these factors act together, but studied and defi ned separately just for study purposes. Gett ing at the borders of completeness you should know very well how to play all the roles in the arena of multidimensional life, because everyone is always and everywhere, a litt le more conscious while playing a role. The fulfi llment or nonfulfi llment of these roles comprise the initial starting point and fi nal causes in the formation of the personality, character, delights, drama, queries, doubts and everything else of individuals in a particular society. Keywords: personality, character, inherited mentality, self-fulfi llment and foundations of the future based on the present

  • An introduction to Hamlet's problem

    Hamlet, the famous tragedy by William Shakespeare is undoubtedly one of the greatest plays ever writt en in English language and one of the most prominent literary works of all world literature. For centuries, readers, critics and scholars alike have been fascinated by the enigmatic and mysterious character of Prince Hamlet, the play's protagonist. They have been trying to fi nd the answer to the most puzzling question regarding Hamlet: Why does not the Prince kill Claudius right away avenging thus his father's death? - otherwise known as Hamlet's problem. For that purpose, many theories have been developed and many solutions have been elaborated by the brightest people the world has ever known. This article att empts to address the issue of Hamlet's problem by introducing several critical interpretations provided by the best literary minds the world has ever known and modestly endeavors to unfold the perspective of its author regarding this topic. Keywords: murder, revenge, suicide, insanity, Hamlet's problem

  • Meaning and legal effect of Remission under Kosovo Arbitration Law in comparative perspective

    In this work, it will be discussed defi nition, meaning and legal eff ect of remission or rearbitration procedure according to Kosovo Arbitration Law (hereinaft er: KAL) comparing with UNCITRAL Model Law (hereinaft er: Model Law) and diff erent national arbitration laws. In particular, this paper will review two main points: Firstly, the purpose of remission. Secondly, Remission or re-arbitration objective is to suspend or set aside domestic award. Furthermore, the paper will assess, analyse and interpret KAL provisions of article 36 (4) and compare those to Model Law and other national legislations. The purpose of this study is to elaborate, examine, analyse, compare and interpret provisions determining meaning, legal eff ect of remission and identify existing gaps in the KAL. Article 36 (4) of the KAL which determine re-arbitration diff ers from article 34 (4) of the Model Law. The diff erence of remission under the KAL with the Model Law provisions is substantial. Firstly, the fi rst essential distinction is that, according to the KAL, the court ex-offi cio is empowered to set aside an award whereas according to Model Law, the court has jurisdiction to suspend arbitration proceedings. Secondly, according to KAL, the court ex-offi cio may set aside arbitration award aft er the party has fi led a claim, while under Model Law the parties are authorized to request that the proceedings be suspended and the case remit to arbitral tribunal. In end, it could be concluded that remission provides for the temporary termination of the arbitration procedure in order to give the tribunal time to avoid the defi ciencies that would lead to a sett ing aside an award. Regarding the legal consequences of a sett ing aside award and the interest of the parties, the KAL remains silent. Nevertheless, because an award of the arbitral tribunal is set aside by the court, it can be concluded that that according to the KAL provisions, parties decide how the dispute resolution process will proceed. Keywords: arbitration, remission, sett ing aside, suspend, UNCITRAL Model Law

  • Servitudes and types of property (real) servitudes by legislation in Kosovo

    This paper will address the topic of servitudes with special emphasis on property servitudes, always based on the provisions of positive law in the Republic of Kosovo. Since Roman law, the right of ownership over foreign property was unclear especially when it came to servitudes. In Roman law there was not a general category regulated by general norms, but a set of typical fi gures of servitudes with common characteristics Despite what was discussed in Roman law we can say that in all legal systems, there is necessarily a need for the existence of subjective real rights over one's own thing and over a foreign thing. In general, in addition to the property right, there is the fact that there are other legal property rights, and aft er the property right, the right of servitude, otherwise called as a property right over the foreign thing, is considered the most dominant. This right of the subject over the foreign thing exists when the holder uses the foreign thing for his own needs or his own thing, in fact the thing which is owned by another subject. The purpose of this paper is to clarify how the right of servitude is legally defi ned by concretizing it in property servitudes. The paper's content is related to the right of property servitudes, which speaks extensively about how the right created by legal work, court decision or even by law, is created, acquired, protected and extinguished! Keywords: The right of servitude, property servitudes, creation-acquisition of servitude, protection of servitude, termination of servitude

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