Пролетни правни дни 2020
Spring Law Days 2020
Proceedings of Scientific Confeence Organized by the Law Faculty of University of Plovdiv
Contributor(s): Angel Shopov (Editor), Aleksandar Aleksandrov (Editor)
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Administrative Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: law; public law sciences; criminal law sciences
Summary/Abstract: In the first volume the reader could find studies in Theory and History of Law; Civil Law; International and European Union Law. The second volume is devoted to Public Law and Criminal Law studies. Last but not the least, these proceedings are pro memoria of our colleagues who taught at our Law Faculty but unfortunately passed away.
- Print-ISBN-13: 978-619-202-724-7
- Page Count: 352
- Publication Year: 2021
- Language: Bulgarian
Единение на българите през XXI век
Единение на българите през XXI век
(The Unity of the Bulgarians in the 21st century)
- Author(s):Veselin Hristov Tsankov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law, EU-Legislation
- Page Range:11-31
- No. of Pages:21
- Keywords:the fate of the nation-state; communities across borders; connection with the Motherland
- Summary/Abstract:The fate of the nation-state and its future in human development is one of the topical issues on the agenda in Europe. The question of the existence, the political and socio-cultural identity of large groups of people who reside long or permanently outside their home country or outside their country of origin naturally arises. Of interest is both the role of their country of origin for their survival and future, and their role in the development of political, socio-economic relations in the countries in which they reside and those with which they are closely related by ethno-cultural, religious, family and other reasons.
- Price: 4.50 €
Правно-социологически параметри на законодателната власт
Правно-социологически параметри на законодателната власт
(Legal and Sociological Parameters of the Legislature)
- Author(s):Stefka Naumova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Sociology of Law
- Page Range:32-45
- No. of Pages:14
- Keywords:Legislature; Legislators; Legal Regulation; Justice; Fairness; Sociology of Law; Values; Integrity; Legal Order; Rule of Law
- Summary/Abstract:Modern representative democracy has recently become an essential part of the political life. Direct and representative exercise of legislative power in a global transition in terms of the dynamic processes of the European strategy is related to the search for adequate models for strengthening the civil society and the direct participation of citizens in the implementation of legislature. The legal-sociological aspects of legislators and legislatures are an interdisciplinary approach which focuses on the social interactions, groups, and institutions involved in the process of parliamentary representation. Legal and sociological parameters of the legislature show a functional connection between the established constitutional model and its empirical characteristics.
- Price: 4.50 €
"Отварящата" функция на Конституцията на Република България
"Отварящата" функция на Конституцията на Република България
(The "Opening" Function of the Constitution of the Republic of Bulgaria)
- Author(s):Galina Pisarska
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, International Law
- Page Range:46-54
- No. of Pages:9
- Keywords:functions; Constitution; opening function; international law; domestic law; the Republic of Bulgaria
- Summary/Abstract:This article aims to examine the theoretical legal aspects of one of the main functions of the Constitution of the Republic of Bulgaria, which opens the national legal order to the direct impact of international law. The so-called ‘opening’ function marks the implementation of the norms of international law into the Bulgarian legislation and their interaction. Outlining the characteristics of the other functions of constitution, its significant place and role in the life of society and state is analyzed.
- Price: 4.50 €
Социалните нагласи като критерий за конституционност
Социалните нагласи като критерий за конституционност
(Social Attitudes as a Constitutional Criterion)
- Author(s):Blagoy Deliev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Sociology of Law
- Page Range:55-73
- No. of Pages:19
- Keywords:Social attitudes; Constitution; Equality; Fundamental rights; Behavioral habits; Prejudices; Stereotypes
- Summary/Abstract:Social attitudes are a set of conscious and unconscious behavioral habits, prejudices, stereotypes. They have objective consequences in reality. Their effect is to preserve personality and order in society. The article traces the regulatory effect of certain social factors in the creation and implementation of constitutional norms. The law does not cover the intuitive manifestation of these factors, but they can be explained rationally through the effect of attitudes.
- Price: 4.50 €
Дискреционната власт на администрацията според съвременното българско право
Дискреционната власт на администрацията според съвременното българско право
(Discretionary Power of Administration Accorting to Contemporary Bulgarian Law)
- Author(s):Maria Slavova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Administrative Law
- Page Range:74-81
- No. of Pages:8
- Keywords:discretion; executive power; rule of law; inaction; operational discretion; bound administration
- Summary/Abstract:The discretion of the executive power is recognized and explored, but seldom studied, even in its most suitable background - the rule of law, which the legislation claims the Bulgarian state to be nowadays. The discretion of the administration is the largest field of discretion as opposed to discretion exercised by the legislature or by the judiciary. The concept of discretion of the executive power implies that the activity of the public official is restricted by law, so that the executive has the freedom to act in the interest of the citizens, which in turn is imposed upon him or her as a duty. The study of the discretion of the executive power in the context of contemporary law aims to find out whether the understanding of the freedom of choice of administration in Bulgaria nowadays coincides with the democratic principles of protection of the rights of the citizens. Discretionary power, exercised by administrative bodies is permissive but not binding, for it does not prescribe a definite model of action or inaction, but it is always an obligation to act in the best interest of the legal subject.
- Price: 4.50 €
Изпълнителната дейност и интересът на нейното оспорване
Изпълнителната дейност и интересът на нейното оспорване
(The Executive Power and the Interest in Its Challenge)
- Author(s):Georgi Zagorov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Administrative Law
- Page Range:82-92
- No. of Pages:11
- Keywords:executive power; right to protection; right to judicial protection; administrative law; administrative procedure; administrative act; legal interest
- Summary/Abstract:In any case of an issued administrative act with legal effect on citizens and their organizations, it matters how the latter will provide arguments for the necessity of defence of their rights, freedoms and legal interests in the area of this social governance performed as a state government activity. The necessity of defence determines the relation between rights, freedoms and legal interests stated by law, the specific ones building the legal personality of the relevant legal entity and the interest in the sought defence depending on the peculiar demonstrated form of the executive activity. The foundation of the entire activity of the state administrative mechanism to be performed with a maximum governing effect is the objective interest of the state as well as the civil society and the separate individual.
- Price: 4.50 €
Правомощия на органите на местно самоуправление по опазване на околната среда в Република България
Правомощия на органите на местно самоуправление по опазване на околната среда в Република България
(Environmental Protection Powers of the Local Self-Government Bodies in the Republic of Bulgaria)
- Author(s):Georgi Penchev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Administrative Law
- Page Range:93-107
- No. of Pages:15
- Keywords:Local Self-Government; Environmental Protection; Republic of Bulgaria
- Summary/Abstract:The environmental protection powers of the local self-government bodies are one of actual legal issues in every country. In this article an attempt is made for consideration of some of their powers in this field under the existing Bulgarian environmental legislation. Their role in solving the local environmental problems will grow up in the light of finding a reasonal balance between the environmental and economic interests of society.
- Price: 4.50 €
Административноправни аспекти на механизма за въвеждане на противоепидемични мерки при заразни болести
Административноправни аспекти на механизма за въвеждане на противоепидемични мерки при заразни болести
(Legal Aspects of the Mechanism of Introducing Anti-Epidemic Measures Against Contagious Diseases Within the Administrative Law)
- Author(s):Antonia Ilieva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Administrative Law
- Page Range:108-116
- No. of Pages:9
- Keywords:pandemic; epidemic; virus
- Summary/Abstract:In present-day society, issues related to the emergence of new pathogenic diseases, which are inherently completely unknown to medical science, raise serious debate. In addition to health care, these issues are also of interest for the jurisprudence, in relation to the mechanisms for introducing anti-epidemic measures that should be enforced by the competent control authorities.
- Price: 4.50 €
Правна характеристика на заповедите на министъра на здравеопазването, издадени на основание на чл. 63, ал. 1 от Закона за здравето във връзка с епидемичната обстановка, свързана с разпространението на Ковид-19
Правна характеристика на заповедите на министъра на здравеопазването, издадени на основание на чл. 63, ал. 1 от Закона за здравето във връзка с епидемичната обстановка, свързана с разпространението на Ковид-19
(Legal Characteristics of the Orders of the Minister of Health, Issued on the Basis of Art. 63, Para. 1 of the Health Act in Connection with the Epidemic Situation Related to the Spread of Covid-19)
- Author(s):Spas Spasov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Administrative Law
- Page Range:117-130
- No. of Pages:14
- Keywords:temporary measures; orders; coercive administrative measures; general administrative law act
- Summary/Abstract:The orders of the Minister of Health issued on a legal basis Art. 63 of the Health Act constitute a set of temporary organizational measures and law enforcements, directed outwards.The implementation of mandatory measures is strengthened both by the possibility of enforcing administrative obligations and penalising the acts of non-adherence by considering them as administrative violations and, in some cases, holding criminal liability for them.
- Price: 4.50 €
Административни актове на полицейски органи по Закона за МВР - усложнени хипотези в административното, наказателното и гражданското право
Административни актове на полицейски органи по Закона за МВР - усложнени хипотези в административното, наказателното и гражданското право
(Administrative Acts of Police Authorities Under the Ministry of Interior Act - Complex Hypotheses in Administrative, Criminal and Civil Law)
- Author(s):Darina Zinovieva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Civil Law, Administrative Law
- Page Range:131-140
- No. of Pages:10
- Keywords:administrative act; Ministry of Interior Act; warning protocol; administrative act; criminal law; civil law
- Summary/Abstract:The Ministry of Interior provides administrative acts in Chapter Five, which are intended in view of the general prevention of the state from committing crimes. In the cases of issuing a warning protocol under Article 65 of the LMI, however, there is ambiguity about the manner and procedure of its contestation. The issuance of an administrative act is mixed with a warning act and complicates law enforcement. The article analyzes their legal nature, practice and jurisprudence. It is concluded that the rights of citizens, protected by our Constitution and the ECHR, point to a gap in our legislation that needs to be overcome. Specific such proposals are presented.
- Price: 4.50 €
Ролята на пациентската безопасност
Ролята на пациентската безопасност
(The Role of Patient Safety)
- Author(s):Emilia Angelova-Hovagimyan
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Administrative Law
- Page Range:141-157
- No. of Pages:17
- Keywords:patient safety; health; adverse events; mistakes
- Summary/Abstract:Patient safety is a global problem as the World Health Organization and many governments in different countries have engaged to find a solution. Priority is the creation of a registry of adverse medical events, and its aim is to limit, analyze and make proposals for the elimination of such events. Bulgaria has adopted the National Health Strategy (2014-2020), as one of the main policies is to ensure patient safety.
- Price: 4.50 €
Едноличните търговци като субекти на данъчното право
Едноличните търговци като субекти на данъчното право
(Sole Traders as Subjects in Tax Law)
- Author(s):Krasimir Mutafov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Commercial Law
- Page Range:158-175
- No. of Pages:18
- Keywords:sole trader; subject of the tax law; tax legal personality
- Summary/Abstract:The article addresses the issue related to sole traders as subjects of substantive tax law. An attempt has been made to defend the view that in this case it is not about a separate tax legal regime to which they are subjected, but about independent entities that can only enter into its legal and organizational form of theirs in the tax legal relations. In this aspect, attention has been paid to the practice of the SAC and the ECJ on preliminary rulings on tax cases.
- Price: 4.50 €
Етажна инстанционност, касация в касацията, или за един уникален недостатък на българското административно правосъдие
Етажна инстанционност, касация в касацията, или за един уникален недостатък на българското административно правосъдие
(Different Floor Appeal Instances, Cassation Within Cassation, Or Around a Peculiar Deficiency of Bulgarian Administrative Jurisdiction)
- Author(s):Vasil Petrov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Administrative Law
- Page Range:176-182
- No. of Pages:7
- Keywords:administrative justice; jurisdiction; appeal instances; appeal; cassation; dissenting opinion; ECtHR; fair trial
- Summary/Abstract:Among European Union members, Bulgaria is unique in that its administrative justice provides for possibility of appeal within the supreme jurisdiction in the area of administrative law. As it is well known, certain types of cases are heard by SAC in three-judge panels and the decisions of these panels are subject to appeal before five-judge panels of SAC. This system has a number of practical inconveniences. Moreover, it completely contradicts the Western models of administrative justice, from which our country has adopted. Is should be abolished and in the article de lege ferenda suggestions are made.
- Price: 4.50 €
Повторните ревизии по Данъчно-осигурителния процесуален кодекс (ДОПК)
Повторните ревизии по Данъчно-осигурителния процесуален кодекс (ДОПК)
(Repeated Tax Audits Under the Tax-Insurance Procedure Code (TIPC))
- Author(s):Nedyalka Petrova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Commercial Law, Court case
- Page Range:183-196
- No. of Pages:14
- Keywords:repeated tax audit; tax assessment bill; revision order; pending proceedings; deciding body; mandatory instructions
- Summary/Abstract:The topic of repeated tax audits under the Tax-Insurance Procedure Code (TIPC) is of great interest in practice, due to the fact that they are often assigned and their legislation is quite scarce. Little attention has been paid to this issue in legal literature, but it has raised many questions over time, which have been the subject of comment both in the practice of the National Revenue Agency (NRA) and in court practice.This research aims at examining the specifics of the grounds, assignment and performance of audits. The article analyzes and summarizes the court practice and the practice of the NRA, discusses the most important and controversial issues related to this topic.
- Price: 4.50 €
Изисквания към жалбата и протеста в контролното административно производство
Изисквания към жалбата и протеста в контролното административно производство
(Requirements for Regularity of the Complaint and Protest in the Control Adminidtrstive Proceedings)
- Author(s):Miglena Kisyova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Administrative Law
- Page Range:197-216
- No. of Pages:20
- Keywords:complaint; protest; regularity; administrative order; contestation
- Summary/Abstract:The complaint and the protest are the two legal-technical means, which have a significant place in the administrative process both in the control administrative phase and in the judicial control. As part of the disputed proceedings, they also have their own peculiarities and the legislation imposes requirements on them, which must be observed and complied with in order to give rise to their legal consequences and to conduct lawful proceedings. The problem that will be considered in this type of proceedings is the part that affects the dispute itself and the cases that lead to irregularity and inadmissibility of the complaint, respectively the protest in the administrative process. And this requires that the requirements for the regularity of the complaint and the protest be considered first. It is the breach of these requirements that places the inspection body to assess the extent to which they have been infringed and in which ‘category’ they will fall – irregular or inadmissible, and respectively what legal consequences their applicants will suffer.
- Price: 4.50 €
Процесуални въпроси относно оспорването на нищожен ревизионен акт
Процесуални въпроси относно оспорването на нищожен ревизионен акт
(Procedural Issues Regarding the Contest of a Void Audit Certificate)
- Author(s):Valeri Radanov, Vanya Valkadinova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Commercial Law, Administrative Law
- Page Range:217-227
- No. of Pages:11
- Keywords:audit certificate; contest; void; administrative control; judicial review; indefinitely
- Summary/Abstract:The procedural issues for challenging invalidated audit certificates under the Taxation and Social Security Procedure Code are raised by their contradictory resolution in the case law. Their ambiguous response makes it difficult for legal entities to exercise their rights to defense and the judiciary to apply the law. The crucial point is that these contradictions affect the fundamental rights of the persons concerned and these need to be harmonized.
- Price: 4.50 €
Имущество, неподлежащо на принудително изпълнение по ДОПК
Имущество, неподлежащо на принудително изпълнение по ДОПК
(Non-Sequestrable Property Under the Tax-Insurance Procedure Code)
- Author(s):Donka Pehlivanova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Administrative Law
- Page Range:228-242
- No. of Pages:15
- Keywords:enforcement; enforcement proceedings; property; non-sequestering
- Summary/Abstract:In Bulgarian law and doctrine, the term ‘property’ is used with different content depending on their need. In these cases, it is of utmost importance for law enforcement to establish the meaning that the specific legislative act attaches to this concept. This paper shall review the legal framework regarding the debtor’s non-sequestered assets that cannot be enforced, as well as the situations in which the protection provided by the legislature lapses. Given the specifics of the proceedings and, in particular, the fact that unilateral interference in a foreign legal sphere occurs through coercion, the rules on sequestered property as well as the degree of protection afforded to the debtor are of utmost importance.
- Price: 4.50 €
По въпроса за превишаване на пределите на неизбежната отбрана според българското наказателно право
По въпроса за превишаване на пределите на неизбежната отбрана според българското наказателно право
(On the Non-Proportional Response to Private Defence Under the Bulgarian Criminal Law)
- Author(s):Tervel Georgiev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:245-257
- No. of Pages:13
- Keywords:private defence; non-proportional response; Bulgarian Criminal Code; act; crime
- Summary/Abstract:The article analyzes an aspect of the institute of private defense according to the regulation of the Bulgarian Criminal Code, its doctrine and practice, arguing the necessary legislative amendments.
- Price: 4.50 €
Субективната страна на деянието при превишаване на пределите на неизбежната отбрана
Субективната страна на деянието при превишаване на пределите на неизбежната отбрана
(The Subjective Side of the Act in Exceeding the Limits of Inevitable Defence)
- Author(s):Vanya Todorova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:258-261
- No. of Pages:4
- Keywords:subjective aspect of the act of inevitable defence
- Summary/Abstract:The issues related to the objective aspect of inevitable defence, the objective features of attack and defence, the circumstances determining their compliance, have been investigated in multiple aspects and thoroughly, both in legal theory and in case law.The same cannot be said for the subjective aspect of inevitable defence. In theoretical studies on the institute of inevitable defence, these issues are addressed incidentally, most often to substantiate the thesis that the subjective attitude of the perpetrator to the wrongful assault is irrelevant, if objectively such an assault is present. In Decree No. 12/1973 of the Supreme Court the questions about the subjective aspect of the inevitable defence were also ignored.
- Price: 4.50 €
Необходимостта от разграничаване на занятието от правно регламентираната дейност в съставите на професионалната непредпазливост
Необходимостта от разграничаване на занятието от правно регламентираната дейност в съставите на професионалната непредпазливост
(The Necessity for Distinction Between Vocation and Legally Regulated Activity in the Constituent Elements of the Professional Negligence Crimes)
- Author(s):Nadya Pandilova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:262-267
- No. of Pages:6
- Keywords:professional negligence; safety rule; vocation; legally regulated activity; source of increased danger
- Summary/Abstract:This paper is focused on the activities in which even the most harmless ignorance or negligent performance could cause severe consequences dangerous to the society. These activities, as a source of major danger, with the adoption of the current Criminal Code are divided by the legislator in two kinds - vocations or legally regulated activities. Hence, the reasons of the legislator are no longer followed by the interpretative caselaw. With the adoption of Ruling No. 6/1969, the Supreme Court unifies the two key notions for the professional negligence, the vocation and the legally regulated activity. Without taking into consideration the differences that exist between the notions, the interpretation made by the Supreme Court raises the justified question of what is the need for the presence of both of them in the constituent elements of the crimes under Art. 123 and Art. 134 of the Criminal Code, since the caselaw accepts, that they both mean the same? It remains incomprehensible to us why two activities, regarded as objective features of the constituent elements of the abovementioned crimes, are at the same time described in Ruling No. 6/1969 through the characteristics of the subjects, who are allowed to exercise them.
- Price: 4.50 €
Някои случаи на ненаказуемост по българския Наказателен кодекс
Някои случаи на ненаказуемост по българския Наказателен кодекс
(Some Cases of Impunity Under the Bulgarian Criminal Code)
- Author(s):Petya Hadzhiyska
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:268-275
- No. of Pages:8
- Keywords:impunity; release from criminal liability; not to be punished; crime
- Summary/Abstract:This article aims to analyze individual cases of impunity for the act provided for in Bulgarian criminal law. Attention is paid to the classifications of general and special grounds for impunity known in theory, distinguishing the cases of impunity from other known institutions – release from criminal liability and release from serving the sentence. This article does not fully examine all cases of impunity, which task will be performed in a separate study of the author.
- Price: 4.50 €
Някои аспекти при условното предсрочно освобождаване
Някои аспекти при условното предсрочно освобождаване
(Some Aspects of the Conditional Release)
- Author(s):Chavdar Petrov Groshev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:276-286
- No. of Pages:11
- Keywords:Conditional release; Act of pardon; Amnesty; Life sentence
- Summary/Abstract:The article addresses the essential characteristics of the institute of Conditional release from its origin as a legal possibility to the final fulfillment of the purposes of criminal punishment, without the necessity of serving it effectively. The specifics of the institute are presented by comparing them with the specifics of other main institutes, such as Conditional Sentence, Act of pardon, Amnesty and Life imprisonment, where we can find both similarities and differences between them.
- Price: 4.50 €
Особености на дискриминационния мотив при престъпленията от омраза
Особености на дискриминационния мотив при престъпленията от омраза
(Features of the Discriminatory Motive in Hate Crimes)
- Author(s):Maria Mihaylova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Comparative Law
- Page Range:287-300
- No. of Pages:14
- Keywords:criminal law; hate crimes; discriminatory motive
- Summary/Abstract:The report examines the discriminatory motive for hate crimes under Bulgarian criminal law. The report analyzes and compares the regulation and legal characteristics of the discriminatory motive under US criminal law. The report also examines the importance of emotions in formulating a discriminatory motive and its understanding by investigative and judicial authorities.
- Price: 4.50 €
Понятието за незаконен съдебен състав в наказателния процес
Понятието за незаконен съдебен състав в наказателния процес
(The Concept of Illegality of the Judicial Panel in Criminal Proceedings)
- Author(s):Ekaterina Salkova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Court case
- Page Range:301-316
- No. of Pages:16
- Keywords:illegality of the judicial panel; criminal proceedings; substantial procedural violation; reason for reversal of the sentence
- Summary/Abstract:The issues related to the legality of the judicial panel are the subject of analysis in this article. The article examines the decisions of the ECHR on the concept of “an independent and impartial tribunal established by law”. The contradictory court decisions on the legal consequences of the violation of the requirement for random selection principle through electronic assignment of cases and on the number of members of the judicial panel are analyzed.
- Price: 4.50 €
Пропуски в дейността на прокурора при изготвяне на обвинителния акт и възможностите за тяхното преодоляване
Пропуски в дейността на прокурора при изготвяне на обвинителния акт и възможностите за тяхното преодоляване
(Shortcomings of the Prosecutor in the Preparation of the Indictment and the Possibilities for Their Overcoming)
- Author(s):Ivan Ranchev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Court case
- Page Range:317-334
- No. of Pages:18
- Keywords:changes in CCP; executive session; reasonable time
- Summary/Abstract:The subject of the article is the follow-up of the current issues related to the finding by the courts of various instances in the country of omissions in the activity of the prosecutor’s office in the preparation of the indictments and the possibilities for their correction. The latest trends in the case law of the Republic of Bulgaria in the cases of the prosecution returned on this basis have been followed.
- Price: 4.50 €
Ограничаване на приложното поле на съкратеното съдебно следствие
Ограничаване на приложното поле на съкратеното съдебно следствие
(Limiting the Application of the Summary Proceedings)
- Author(s):Panayot Velchev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:335-342
- No. of Pages:8
- Keywords:the summary proceedings; criminal process; amendment of the Code of Criminal Procedure
- Summary/Abstract:The report discusses the provision of Art. 369a of the Criminal Procedure Code, issued 2019 (Official Gazette No 83), which excludes the possibility of the defendant to initiate the summary trial, fully acknowledging the facts, stated in the circumstantial part of the indictment and agreeing not to collect evidence of these facts, when the charge concerns criminal offense of intentionally caused death. Assessment of the positive and negative aspects of that restriction, as well the possibility of another legislative approach and comparison with previous amendments to the special rules contained in Chapter 27 of the Code of Criminal Procedure.
- Price: 4.50 €
Възобновяване на наказателни дела, решени със споразумение
Възобновяване на наказателни дела, решени със споразумение
(Re-Opening of Criminal Cases Resolved by Plea Bargaining)
- Author(s):Vasil Kolev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Court case
- Page Range:343-352
- No. of Pages:10
- Keywords:re-opening of criminal cases; resolving criminal cases by plea bargaining; substantial breaches of procedural rules
- Summary/Abstract:The report addresses a number of issues related to the re-opening of criminal cases resolved by plea bargaining. The peculiarities characteristic of the grounds under Art. 422, Para 1 of the Criminal Procedure Code in criminal cases completed under Chapter Twenty-Nine of the Code have been researched. An emphasis has been placed on the substantial breaches of procedural rules, occurring in the process of resolving cases by plea bargaining, with the relevant case law being analyzed.
- Price: 4.50 €
