European Journal of Economics, Law and Social Sciences

International Institute For Private Commercial And Competition Law (IIPCCL)
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  • Value and solution for promotion of the current Saint Tran worship belief in Nam Dinh

    Grand Prince Tran Quoc Tuan (1228 - 1300) - Tran Hung Dao is a prominent politician, national hero and prominent military figure and cultural celebrity of the Vietnamese nation. With strategic military skills together with the will to fight and the genius leadership, Hung Dao Dai Vuong Tran Quoc Tuan led the Dai Viet army and people three times to defeat the Mongol army. Holy Tran is the eternal symbol of the long anthem of patriotism; is a model of sacrifice and dedication tirelessly for the people and for the country. The Holy Tran Hung Dao is an eternal shining example of personality, morality, bravery, intellect, energy and talent for future generations to follow. The belief in worshiping the Holy Tran is to abide by the rule of “live as a general, die turning into a saint” in Vietnamese culture, with great value in personality education and human morality; education, nurturing the love for the homeland, loving the race, the lesson of the sense of national self-reliance, about building the great national unity among the people, contributing to raising the awareness of the lesson "take people as the basis” Keywords: Belief,the Thanh Tran Worship Belief,Nam Dinh.

  • Independence, Sovereignty, Preponderance ? The Prevalence and the Territorial Expansion of State Power

    State is society’s need for the existence of an organized power, equipped with the right equipments of coercion and able to run the society, by imposing the choices that seem reasonable to them, through legal norms. State is an organization of state power; it is an organized power which imposes its will to all the society and has a whole mechanism to execute this will. The state realizes its functions through power, which is a mechanism to accomplish its relevant functions. The power’s concept is a social concept, which can be understood only as a relation between two subjects, between two wills. Power is the ability to impose an order, a rule and other’s behavior in case that he doesn’t apply voluntary the relevant norm, respectively the right. Using state power is related to creation and application, respectively the implementation of law. To understand state power better, we have to start from its overall character. So, we notice that in practice we encounter different kinds of powers: the family’s one, the school’s one, the health’s one, the religion’s, culture’s etc. The notion of powers can be understood as a report between two subjects, two wills. Power is an order for other’s behavior. Every power is some kind of liability, dependence from others. In the legal aspect, supremacy of state presents the constitutive – legislative form upon the powers that follow after it. Supremacy, respectively the prevalence, is stronger upon other powers in its territory. For example we take the highest state body, the parliament as a legislative body, where all other powers that come after it, like the executive and court’s one, are dependable on state’s central power. We can’t avoid the carriage of state’s sovereignty in the competences of different international organizations. Republic, based on ratified agreements for certain cases can overstep state’s power on international organizations. The people legitimate power and its bodies, by giving their votes for a mandate of governance (people’s verdict). It is true that we understand people’s sovereignty only as a quality of people, where with the word people we understand the entirety of citizens that live in a state. The sovereignty’s case actualizes especially to prove people’s right for self-determination until the disconnection that can be seen as national – state sovereignty. National sovereignty is the right of a nation for self-determination. Sovereignty’s cease happens when the monopoly of physical strength ceases as well, and this monopoly is won by another organization. A state can be ceased with the voluntary union of two or more states in a mutual state, or a state can be ceased from a federative state, where federal units win their independence. In this context we have to do with former USSR’s units, separated in some independent states, like Czechoslovakia unit that was separated in two independent states: in Czech Republic and Slovakia. Former Yugoslavia was separated from eight federal units, today from these federal units seven of them have won their independence and their international recognition, and the Republic of Kosovo is one amongst them. Every state power’s activity has legal effect inside the borders of a certain territory and inside this territory the people come under the relevant state’s power. Territorial expansion of state power is three dimensional. The first dimension includes the land inside a state’s borders, the second dimension includes the airspace upon the land and the third dimension includes water space. The airspace upon inside territorial waters is also a power upon people and the power is not universal, meaning that it doesn’t include all mankind. State territory is the space that’s under state’s sovereignty. It is an essential element for its existence. According to the author Juaraj Andrassy, state territory lies in land and water space inside the borders, land and water under this space and the air upon it. Coastal waters and air are considered as parts that belong to land area, because in every case they share her destiny. Exceptionally, according to the international right or international treaties, it is possible that in one certain state’s territory another state’s power can be used. In this case we have to do with the extraterritoriality of state power. The state extraterritoriality’s institute is connected to the concept of another state’s territory, where we have to do with diplomatic representatives of a foreign country, where in the buildings of these diplomatic representatives, the power of the current state is not used. These buildings, according to the international right, the diplomatic right, have territorial immunity and the relevant host state bodies don’t have any power. Regarding to inviolability, respectively within this case, we have two groups to mention: the real immunity and the personal immunity, which are connected with the extraterritoriality’s institute. Keywords: Independence, Sovereignty, Preponderance, Prevalence, Territorial Expansion.

  • Legal framework for citizen participation in decision-making processes at the local level - the context of Kosovo

    Public participation is essential to the promotion of democratic governance, the rule of law, social inclusion and economic development, including the fulfillment of human rights. Each country should create the legal framework for giving effect to the right to participate in public affairs by ratifying relevant international and regional treaties and incorporated them in national laws, policies and practices in order to ensure that equal right to participate in public affairs is recognized and protected within national legal framework. Despite being a fairly young democracy, Kosovo has a progressive legal framework. It has been developed with a strong support of the international community whereby majority of international instruments are incorporated within constitutional provisions and numerous positive laws. Consequently, the right to participate is entrenched in constitutional provisions, laws and bylaws of Kosovo. This paper explains the efforts undertaken in Kosovo to increase the participation of citizens in decision-making process using: normative legal method and qualitative method, by focusing on the specific analysis of the legal framework for citizen participation by comparing it with established practices which are often in conflict with the legal basis as a result of interference by political institutions. Keywords: public administration, transparency, political interference, public consultation, public policy.

  • Establishing fair agricultural land mortgage regulations

    A mortgage is defined as a person's relationship with the land possessed by another person who has debt from that lender. As long as the debt has not been paid in full, the land remains in possession of the money lender (pledgor). During this temporary possession period, the total land yields are the right of the pawnbroker which forms the debt interest. The land redemption depends on the willingness and ability of the pledgee. A large number of mortgages last for years, decades, and even some are passed onto the heirs of the pledgee and the pledgor as the pledgee is unable to redeem his land. Keywords: Agricultural land mortgage, debts, Customary Law, establishing fair regulations.

  • Lean Management Philosophy for Public Administration: Case COVID-19 Pandemic

    This paper addresses three important issues, lean management philosophy, public administration, and the consequences caused by pandemic COVID-19. The purpose of this research is to present and promote the values of lean management philosophy in order to be accepted and implemented as an appropriate method in public administration.Also, this paper brings concrete arguments which prove that lean management is suitable in public administration even in emergency situations.The research was conducted in Peja municipality in the Republic of Kosovo where three important sectors were observed such as: the education process, management of movement and travel restrictions of citizens and social assistance. The case study method has been applied where institutions, policies, events, individuals and working groups have been observed and systems and methods have been analysed during their operation. The research findings are interesting because it has been possible to identify different organizational, acceptable and unacceptable cultures of public administration employees and consequently the results are different.Organizational culture based on lean management methods has proven to be convenient and useful. Keywords: Lean Management, Public Administration, Critical Success Factors, COVID-19, Organizational Culture.

  • Legal Implications for Legal Protection for Children as Victims of Criminal Acts of Sexual Violence in Households (Domestic Violence)

    Cases of criminal acts of decency experienced by children, from time to time is increasing. In Indonesia in handling rape cases or immoral acts, victims are often placed as evidence, not as seekers of justice. This raises classic problems including philosophical problems, the legal protection it imposes as a current arrangement against children as victims of domestic violence has not been effective, Theoretical Prolematics, the system adopted by the Criminal Procedure Code (KUHAP) is retributive justice, which is a policy where the point of protection is the offender oriented rather than restorative justice which focuses on the protection policy for victims of crime and juridical problematics, policies whose point of protection is the offender oriented (offender oriented) . The purpose of this study is to find out what the legal implications of legal protection for children as victims of rape in the household. This research is a normative juridical research, then the approach used is the statutory approach, concept approach, historical approach, case approach, and philosophical approach. Legal material analysis techniques are carried out in perspective. The results showed that the legal implications of children as victims of rape in the household only accommodate acts of forced sexual intercourse in the form of penis penetration into the vagina and with evidence of physical violence due to the penetration. As a result, children cannot demand justice by using a law that has a narrow definition of the crime of rape and the experience of women victims shows that sexual violence is not merely rape or fornication, but also includes other types such as sexual harassment, coercion of marriage, sexual exploitation, coercion sterilization, sexual torture, and sexual slavery. Keywords: Rape, Legal Implications, Child Victims, Domestic Violence.

  • Gender perception on leadership style: Case of Albania

    Leadership, leadership style and gender – leadership relation topics have attracted the attention of scholars throughout human history. This research paper investigates the perception differences of leadership style between genders. The testing of ourhypothesis is done through the gathering of data, using leadership style questionnaire (Northouse 2013). The survey was distributed to 387 staffmembers of two biggest private hospitals in Albania. Parametric and non-parametric tests were conducted. Despite the difference between the institutions where the research is conducted, the results indicate that there exists a difference in perception of leadership style between genders. The results of this research contribute to the understanding of leadership style perception through genders, helping practitioners to comprehend differences and take actionaccordingly. Keywords: Leadership style, gender, private hospitals, Albania.

  • Execution of criminal decisions for juveniles and their suspension

    Juvenile criminal law is characterized by special care, humanism, and efforts to "punish" the perpetrators so that the person is not harmed and oriented towards the best possible education, with the norms of civic education. The aim of the legislature is that through special care efforts be made to channel and discipline this specific category so that they feel the care of society and the state in their lives. Detailed efforts have been made to provide, through the Juvenile Justice Code, proper legal regulation of all aspects pertaining to the field of criminal proceedings, punishment and enforcement for the category of juveniles who for various reasons have participated in committing various criminal offenses. The legislator has rightly attached special importance to this category of subject, to whom society and the state have a high sensitivity, not only for the fact of their arrival as honest citizens, but also for what avoids and prevents the commission of them of future criminal offenses. Keywords: execution of criminal decisions for juveniles, juvenile criminal law, juvenile defendant.

  • Assessment in the schools of Kosovo

    This research paper deals with assessment and the way students are being assessed in some schools in Kosovo. It analyses whether the English teachers are using summative assessment or formative assessment when it comes to assess students, or if they prefer to stick to their traditional ways of assessing, because formative and summative methods require more dedication than the traditional methods. The study was conducted on the assessment process of English teachers, who work and teach in different schools in Prizren. The research includes twenty English teachers who differ on the basis of following criteria: their age, their teaching experience, education related to assessment, attended trainings related to the process of assessment, number of students in a class, opinions about the quality of the assessment process in their school and their attitudes towards modern methods, especially formative and summative assessment. Data has been collected qualitatively in the form of interviews and analyzed using content analyses (Silverman, 2005) and inferential statistics by comparing results. The results have shown that there are significant differences in application and understanding of the importance of the formative and summative method of assessment. The study has shown that, even though most of the teachers have claimed to give priority to formative assessment, it appears that summative assessment is still dominant and favored by the majority of the teachers. Keywords: assessment, formative method, summative method, English teachers, student feedback.

  • The Economic Importance of Trademark Registration in Kosovo

    The main purpose of this paper is to collect research data on how often Kosovar customers purchase trademarked products / services from our businesses and how the brand name affects their persuasion to purchase that product / service. Another purpose of this research is to understand what motivates consumers to buy branded products / services from Kosovar businesses, to understand their attitudes about how well they value these branded products, what factors motivates them most in buying trademarked products / services and how important are promotional activities and advertising in persuading consumers to buy trademarked products / services and their impact on increasing sales to businesses in Kosovo. From the results of the research we have reached important conclusions regarding the influence of trademark on consumer behavior. Trademark is an important instrument for persuading consumers to buy products and that business and financial performance of businesses is enhanced by the brand name. To accomplish the goals in this study we have put forward two basic hypotheses; H1- “The age of consumers may influence the purchase of a product/service with a particular trademark of Kosovo businesses”; andH2- "Promotional activities and advertising of a trademark can persuade consumers to buy trademarked products and increase the success of the sale of Kosovar businesses". Trademark registration under Kosovo legislation is not mandatory, but it is preferable to do so because of the protection against risks, such as the use of the mark by another company which will result in reduced sales and powerlessness to change the situation because we can know which business uses the product first. Considering that the area of trademark development in Kosovo is relatively the area that has received the most focus over the last decade, there are also cases of lack of basic knowledge of publicly owned industrial property rights. Which could encourage individuals to advocate for intellectual work and the pursuit of new ideas. The importance and treatment of intellectual property as an intangible asset should be enhanced both in the public sector and within private companies. Keywords: Brand, survey, Kosovo, market, trademark, IPAS, API.

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