Научни трудове - Пловдивски университет "Паисий Хилендарски". Книга 7. Обществени науки : Право, том 4 (2022)
Scientific works - Plovdiv University "Paisii Hilendarski". Book 7. Social sciences : Law, Volume 4 (2022)
Contributor(s): Angel Shopov (Editor)
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law, Roman law
ISSN: 0861-3184
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: scientific works; law; Bulgarian Law; Roman Law; Civil/Private Law; Public Law; Criminal Law
Summary/Abstract: This issue is especially dedicated to the 60th anniversary of the University of Plovdiv, celebrated in 2021, and to some jubilees celebrated this year – the 300th anniversary of St Paisii Hilendarski, the 260th anniversary since the creation of his famous book Istoria slavenobolgarskaya and the 30th anniversary of the Law Faculty at the University of Plovdiv.
- Page Count: 354
- Publication Year: 2022
- Language: Bulgarian
Кодификациите - Reflexio Iuris Romani
Кодификациите - Reflexio Iuris Romani
(Codifications - Reflexio Iuris Romani)
- Author(s):Malina Novkirishka- Stoyanova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Comparative Law, Roman law
- Page Range:13-72
- No. of Pages:60
- Keywords:code; codifying; systemizing of laws; Lex Duodecim Tabularum; Codex Theodosianus; Corpus iuris
- Summary/Abstract:The main object of this article is to present the concept of the code and the codification in modern times as a reflexio of the Ancient Roman practice. A survey has been made in order to explain the terminology and the notion of “code” and “codifying”. Our main goal is to determine the preconditions and the purposes of the three basic codifications in Ancient Rome – Lex Duodecim Tabularum, Codex Theodosianus and Corpus iuris of emperor Justinian. The conclusion is considered to be the impact of Roman legal heritage in the modern Bulgarian concept of the code and the codification, as well as in connection with the global problems of systematization of legislation – decodification, recodification etc.
Covid-19 и отражението му върху гражданското и търговското право на България
Covid-19 и отражението му върху гражданското и търговското право на България
(Covid-19 and Its Impact on Civil and Commercial Law of Bulgaria)
- Author(s):Polya Goleva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Commercial Law
- Page Range:75-133
- No. of Pages:59
- Keywords:COVID-19; state of emergency; private law; suspension of deadlines; force majeure; economic frustration
- Summary/Abstract:The law is not a frozen regulator of public relations and it must take into account sudden changes in the reality. In 2020, 2021, and in the beginning of 2022, our country and the world were hit by a major medical and social evil – the pandemic of the deadly disease COVID-19. It led to a number of changes in the legal framework of various relations in all parts of law, but the most it affected private relations. The state had to intervene through different mechanisms to protect the rights of subjects of civil and commercial law. For the first time on the territory of our country a state of emergency was introduced by an act of the National Assembly. Deadlines were suspended, force majeure and economic frustration were applied, video conferencing was introduced in court proceedings. It is important for science to pay attention to the specific manifestations of these phenomena and to study their application in the justice. Although most of the processes are related to a past stage, they remain relevant, because the events of early 2022 portend turbulent and risky days, no less safe than the already ending pandemic. The dangerous epidemiological situation is being replaced by a worrying high-risk inflation situation fuelled by a military conflict. The red light is still on.
Публично и частно право - право на собственост
Публично и частно право - право на собственост
(The Relation of the Division of Law into Public and Private within the Property Law)
- Author(s):Lyuba Panayotova-Chalakova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law, Roman law
- Page Range:134-199
- No. of Pages:66
- Keywords:public property; private property; Roman law; public law; private law; historical changes; expropriation
- Summary/Abstract:The study attempts to consider some fundamental legal phenomena known from ancient times, but requiring modern reading, as well as new phenomena that society in recent years has required as legal regulation. The challenge of the present work is to find the roots and the connection between these phenomena. Traditional and fundamental issues include the distinction between public and private property, as well as the impact of this distinction in view of the different ways in which private property is confiscated in favor of public entities. Newer issues include expropriations such as modern regulations, confiscation of criminally acquired property, and more. The study will trace the historical foundations of the division of property into public and private, as well as the impact of its denial in Bulgaria during certain periods. An attempt will be made to look to in a new way at the time-consuming restoration of this division of property and the consequences for Bulgarian citizens of this return to the classics. The study also comments on a number of works by established Bulgarian scientists which are relevant to the topic.
Уставът - "конституцията" на българската православна църква - българска патриаршия
Уставът - "конституцията" на българската православна църква - българска патриаршия
(The Statute - the "Constitution" of the Bulgarian Orthodox Church - Bulgarian Patriarchate)
- Author(s):Mariya Kyoseva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Canon Law / Church Law, Court case
- Page Range:200-231
- No. of Pages:32
- Keywords:Bulgarian Orthodox Church; statute; identity; conciliarity
- Summary/Abstract:The study presents the characteristics and legal nature of the Statute of the Bulgarian Orthodox Church (BOC) as a legal entity (ex lege). The Statute is an expression of the identity of the BOC as an autocephalous church and on a secondary level it is an internal organizational act and a mandatory legal individualizing feature of the BOC as a subject of law. The thesis is argued that the provisions of the Statute cannot be changed based on the autonomy of the will as clauses of a contract due to their predetermination by the principles of conciliarity and hierarchy of the Orthodox Church. The Statute of the BOC is cited as an example of one of the most sustainable regulatory systems, which ensures the institutional continuity of the BOC though the centuries. The Statute of the BOC, whose sources are canons with centuries of existence, bears only the formal linguistic name "Statute", and in essence is a "mini codification of ecclesiastical law in Bulgaria". In support of the theoretical theses, an interpretive practice of the Supreme Court of Cassation on the normative force of the Statute of the BOC is presented.
Субект на пасивния подкуп
Субект на пасивния подкуп
(Subject of Passive Bribery)
- Author(s):Ekaterina Roglekova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation, Court case
- Page Range:235-258
- No. of Pages:24
- Keywords:administrative official; foreign administrative official; bribery; Criminal Code
- Summary/Abstract:The article analyzes the content of the term – “administrative official”, used by the legislator in the provisions of Art. 301 et seq. of the Criminal Code of the Republic of Bulgaria, as well as the content of the new term – “foreign administrative official”. The article discusses the problems and disputes regarding the concept of “administrative official”, dictated by the rapid and drastic changes in the social and political reality in Bulgaria over the past 30 years, changes which have led to a number of difficulties and conflicting case law on bribery cases.
Защита на юридическите лица от дискриминация
Защита на юридическите лица от дискриминация
(Protection of Legal Entities against Discrimination)
- Author(s):Blagoy Deliev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Court case, Administrative Law
- Page Range:261-319
- No. of Pages:59
- Keywords:equality; discrimination; personality; legal entities; rights
- Summary/Abstract:The Bulgarian anti-discrimination act provides protection for legal entities, but under certain conditions. The author discusses the issues of the effect of the equality principle on legal entities, how the discriminatory violation can affect the legal entity and how this is reflected in the assessment of the admissibility and the essence of the complaint of discrimination. The violation affects both the legal entity and the natural persons related to it. There is also the problem of the relation of these two groups of subjects to the various grounds for discrimination. The protection regime in the act can be a special administrative proceeding before an administrative jurisdiction or a claim proceeding before a court. The tendency in jurisprudence is the continuous formalization of judicial and administrative proceedings. This reflects on the opportunities for participation and protection of legal entities. The study focuses first on typology of cases where legal entities can be affected by discrimination. Secondly, it provides an overview of the various legal remedies available to these entities to engage in the protection of their own and other subjects’ rights. The cases are taken from the case law and therefore there is a rather broad conceptual difference between the various examples of legal entities “affected by” discrimination and “engaged” in proceedings to defend their rights.
Международни многостранни регионални договори и международни двустранни договори по опазване на биологичното разнообразие с участието на Република България
Международни многостранни регионални договори и международни двустранни договори по опазване на биологичното разнообразие с участието на Република България
(International Multilateral Regional Treaties and International Bilateral Treaties for the Protection of Biological Diversity with the Participaton of the Republic of Bulgaria)
- Author(s):Georgi Penchev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
- Page Range:320-354
- No. of Pages:35
- Keywords:biological diversity; international multilateral regional agreements; international bilateral treaties; participation of the Republic of Bulgaria
- Summary/Abstract:This scientific study is dedicated to the regional and bilateral international law regime for the protection of the biological diversity. The attention is paid to legal measures for the protection of the biological diversity under selected regional and bilateral international treaties with the participation of the Republic of Bulgaria. Finally, some general conclusions are made in connection to the examined international law regulation.
