Правото - традиции и перспективи. Сборник от юбилейна научна конференция по повод на 25 години от създаването на Юридическия факултет на ПУ "Паисий Хилендарски"
Law - Traditions and Perspectives. Proceedings of the Jubilee Scientific Conference on the Occasion of the 25th Anniversary of the Establishment of the Faculty of Law at the Plovdiv University "Paisii Hilendarski"
Contributor(s): Hristo Paunov (Editor)
Subject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Criminal Law, Civil Law, International Law, Administrative Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: civil (private) law; public law; international law; criminal law; theory and history of law
Summary/Abstract: This collection is dedicated to the 25th anniversary of the Faculty of Law at the University of Plovdiv “Paisii Hilendarski”. On this occasion, an international scientific conference was held on 19th and 20th September 2017. Presented papers there are included in this collection. The significant number of participants and the proposed materials made possible to single out several panels covering all areas of legal science: civil (private) law, public law, international law, criminal law, theory and history of law.
- Print-ISBN-13: 978-954-28-2625-5
- Page Count: 939
- Publication Year: 2018
- Language: English, Bulgarian, French
Въпроси на семейното право
Въпроси на семейното право
(Issues of Family Law)
- Author(s):Tsanka Tsankova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
- Page Range:35-46
- No. of Pages:12
- Keywords:contemporary family law; claim proceedings; paternity; de facto marital status; cohabitants
- Summary/Abstract:The author presents legal issues regarding contemporary Family law. In the article are discussed matters of claim proceedings of determining paternity and legal aspects of cohabitation of partners in de facto marital status.
- Price: 4.50 €
Трудово и служебно правоотношение
Трудово и служебно правоотношение
(Labour and Civil Service Legal Relationship)
- Author(s):Vassil Mrachkov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Labour and Social Security Law
- Page Range:47-64
- No. of Pages:18
- Keywords:labour code; labour relationship; civil servant; continuing legal relationship; worker; employee
- Summary/Abstract:The article refers to issues regarding the common ground and the differences between labour and civil servant legal relationships according to the Constitution and the Labour code. The author examines legal status of the worker and the employee as well as legal aspects of continuing legal relationship, paid labour, legal authority, legal subordination, private interest and public interest.
- Price: 4.50 €
Продажба на дял от съсобствен недвижим имот от родител при малолетен съсобственик
Продажба на дял от съсобствен недвижим имот от родител при малолетен съсобственик
(Sale of Share of Co-owned Real Estate by Parent with a Minor Co-owner)
- Author(s):Ventsislav Stoyanov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation, Court case
- Page Range:65-72
- No. of Pages:8
- Keywords:joint estate; partition of property; sale of share; joint ownership; minor; parent; court permission
- Summary/Abstract:Subject of the article is the sale of share by a parent of co-owned real estate with his or her minor considering the requirement of the Property Law of sending a preliminary purchase offer. The author examines in that respect the legal issue of the child’s representation and the need of appointing a special guardian, court permission of the deal according to the Family Code and possible voidance of the statutory conditions are not met.
- Price: 4.50 €
Приложимост на Павловия иск към учредителния апорт
Приложимост на Павловия иск към учредителния апорт
(Applicability of Actio Pauliana to the Founding Contribution)
- Author(s):Ivan Ruschev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
- Page Range:73-81
- No. of Pages:9
- Keywords:actio Pauliana; founding contribution; company; capital
- Summary/Abstract:The article examines if actio Pauliana is applicable in the case of constituent contribution in company’s capital causing damage to the creditors.
- Price: 4.50 €
Обезпечителният договор
Обезпечителният договор
(Security Agreement)
- Author(s):Polya Goleva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:82-93
- No. of Pages:12
- Keywords:security agreement; surety; pledge; mortgage; guarantee
- Summary/Abstract:The author presents the legal nature of different security agreements – surety agreement, debt entering agreement, del credere agreement and mortgage.
- Price: 4.50 €
Въпросът за празнините в правото в практиката на конституционния съд на Република България
Въпросът за празнините в правото в практиката на конституционния съд на Република България
(The Issue of legal Gaps in the Law in the Jurisprudence of the Constitutional Court of the Republic of Bulgaria)
- Author(s):Krassen Stoichev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
- Page Range:94-100
- No. of Pages:7
- Keywords:constitution; constitutional court; constitutionality; interpretation; gaps
- Summary/Abstract:The article deals with the general theoretical issues of legal gaps and how these issues are discussed in the practice of the Constitutional court of the Republic of Bulgaria and the leading importance of the ideas of positivism in the court’s adopted starting positions and conclusions. It is noted the difference in the approach of the Constitutional court to the matter of the legal gaps in the context of its power to interpret the Constitution and its power to declare the unconstitutionality of laws.
- Price: 4.50 €
Проблемни въпроси относно приложението на чл. 140, ал. 1 и 3 и чл. 231, ал. 3 ТЗ за вписванията на решенията на общото събрание в търговския регистър
Проблемни въпроси относно приложението на чл. 140, ал. 1 и 3 и чл. 231, ал. 3 ТЗ за вписванията на решенията на общото събрание в търговския регистър
(Problematic Issues on the Application of Art. 140, para. 1 and 3 and Art. 231, para. 3 of the Commercial Law Concerning the Entry of the General Assembly Decisions in the Commercial Register)
- Author(s):Grigor Naydenov Grigorov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Commercial Law
- Page Range:101-111
- No. of Pages:11
- Keywords:limited liability company; joint stock company; General Assembly decisions; Commercial register; entry; entry into force; nullity
- Summary/Abstract:Market security requires special provisions about entry into the Commercial register concerning merchants. These provisions encompass limited listed facts subject to entry. By reason of that if the fact is not subject to entry such entry is null. The main goal of the legislation is to protect the public interest by gaining genuine information about the merchants and their activity. The entry of facts in the Commercial register addresses the third parties acting in good faith. Even the Supreme Court of Cassation has interpreted the relevant provisions in a decision № 1/2002, they still are unclear. That’s why the subject matter of the report is the application of art. 140, para. 1 and 3 and art. 230, par. 3 of the Commercial Law (CL) concerning the entries in the Commercial register relating to the joint stock company and limited liability company. By practical reasons the report predominant deals with the application of art. 140, para. 1 and 3 CL. It is discussed whether the subject matter of the entry can be the General Assembly decisions and what is the meaning of "entry into force" according to the above-mentioned provision.
- Price: 4.50 €
Валидиране на действия, извършени от името на търговец без представителна власт
Валидиране на действия, извършени от името на търговец без представителна власт
(Validation of Actions Performed by Unauthorized Agent on behalf of a Merchant)
- Author(s):Miroslav Dimitrov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Commercial Law
- Page Range:112-123
- No. of Pages:12
- Keywords:unauthorized agent; merchant; commercial transactions; arbitration agreement; validation
- Summary/Abstract:The report deals with some issues regarding the scope of application of the provision of Art. 301 of the Commercial Law (CL) and the rule character as well. According to that provision the acts of an unauthorized agent performed on behalf of a merchant seems to be affirmed tacitly. The author argues that the provision of Art. 301 of the CL establishes irrebuttable presumption. The main thesis is for application the same rule to non-commercial transaction as the acts are performed by unauthorized agent on behalf of a merchant. The author criticizes the narrow interpretation by jurisprudence of that provision bringing argumentation in the opposite. He argues the scope of application of Art. 301 of the CL also regarding an arbitration agreement or a clause included in a commercial contract.
- Price: 4.50 €
Неприсъствено решение срещу ответник и обикновеното другарство
Неприсъствено решение срещу ответник и обикновеното другарство
(The Decision in Absentia against the Defendant and the Ordinary Co-defendants)
- Author(s):Tanya Gradinarova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law, Court case
- Page Range:124-134
- No. of Pages:11
- Keywords:judgment by default; subjective complications in the procedure; ordinary co-defendants; default decision with co-defendants
- Summary/Abstract:The regulation in the current Civil Procedure Code (CPC) of the introduced with the provisions of Art. 238 to Art. 240 of it, the institution of judgment by default presents a challenge for theory and practice. The subject of this research is the admissibility of one of the types of atypical decisionintroduced by the current CPC - the decision in absentia, in case of procedural inaction of one of the ordinary co-defendants. The author analyzes the legal framework and the existing case law, making suggestions de lege ferenda on the subject.
- Price: 4.50 €
Понятието за вещи
Понятието за вещи
(The concept of Belongings)
- Author(s):Lyuba Panayotova-Chalakova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law
- Page Range:135-151
- No. of Pages:17
- Keywords:property; EU law; ECHR
- Summary/Abstract:Тhe present report traces the development and trends of the concept of property. Recently, European law has also become extremely important for our country, especially after our country's accession to the EU in 2007. In matters of property, European law, especially in the form of the European Convention for the Protection of Human Rights and Fundamental Freedoms, Additional Protocol No. 1 to it and the jurisprudence of the court in Strasbourg, turns out to have a decisive influence on the developed concept of property. In the following report, an answer will be sought to the question regarding the concept of property by reviewing through the understanding of Roman private law, then the property will be examined as a problem during the bourgeois development in Europe and finally the current state with the presence of the legal system of United Europe and Bulgaria as a part of this system.
- Price: 4.50 €
Размер на претенцията за неоснователно обогатяване
Размер на претенцията за неоснователно обогатяване
(The Extent of Unjustified Enrichment Liability)
- Author(s):Krasimir Mitev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
- Page Range:152-160
- No. of Pages:9
- Keywords:unjustified enrichment; general enrichment action; disenrichment; loss of enrichment; change of position
- Summary/Abstract:The article explores problems related to general unjustified enrichment action, namely whether the debtor is liable for the value received or value survived. Different answers and explanations are offered by two doctrines called [the doctrine of] historical enrichment and actual enrichment. The author examines “pro” and “contra” arguments in favor of the said two theories and suggests to the readers the conclusion he has arrived at.
- Price: 4.50 €
Актуални проблеми по прилагане на пенсионното законодателство
Актуални проблеми по прилагане на пенсионното законодателство
(Current Problems in the Application of Pension Legislation)
- Author(s):Teodora Filipova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Labour and Social Security Law
- Page Range:161-169
- No. of Pages:9
- Keywords:pension proceedings; administrative practice; court decisions
- Summary/Abstract:The subject of the present article are the recent cases of disputed law enforcement in the administrative phase of the pension proceedings by the competent administrative authority. Their increased number and frequency, as well as their persistent "repetition" in similar cases, even after the annulment of the administrative acts by the courts, are beginning to emerge as a dangerous and unacceptable trend for the legal order, seriously threatening the rights of Bulgarian citizens.
- Price: 4.50 €
Отражението на директива 96/71/ЕО върху института на командироването в българското трудово право
Отражението на директива 96/71/ЕО върху института на командироването в българското трудово право
(The impact of Directive 96/71/EC on the Institution of Posting in Bulgarian Labour Law)
- Author(s):Yaroslava Genova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Labour and Social Security Law
- Page Range:170-189
- No. of Pages:20
- Keywords:posting; provision of services; Member State of the European Union; Directive 96/71/EC
- Summary/Abstract:The article is a part of a larger study devoted to the impact of Directive 96/71/EC on the institution of posting in Bulgarian labor law. It consists of three sections.
- Price: 4.50 €
Европейска процедура за искове с малък материален интерес при потребителските спорове
Европейска процедура за искове с малък материален интерес при потребителските спорове
(European Procedure for Claims with a Small Material Interest in Consumer Disputes)
- Author(s):Georgi Ganchev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
- Page Range:190-203
- No. of Pages:14
- Keywords:EU law; small claims procedure; Regulation (EC) № 861/2007; Regulation (EU) 2015/242
- Summary/Abstract:Тhe European Small Claims Procedure is adopted with Regulation (EC) № 861/2007 amended with Regulation (EU) 2015/242 by aiming to facilitate access to judicial protection for claims of small material interest in cross-border civil and commercial disputes by strengthening judicial cooperation between the member states of the European Union. The article generally examines the regulated procedure, compared with the existing national legislation in consumer disputes, paying particular attention to ideas and recommendations de lege ferenda to improve the national legal regime and increase the efficiency in protecting the rights of consumers.
- Price: 4.50 €
"Злоупотреба с право" vs. "злоупотреба с интерес" при търговските сделки
"Злоупотреба с право" vs. "злоупотреба с интерес" при търговските сделки
("Abuse of Right" vs. "Abuse of Interest" in Commercial Transactions)
- Author(s):Zhana Koleva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Commercial Law
- Page Range:204-213
- No. of Pages:10
- Keywords:abuse of right; abuse of interest; commercial transaction; community acquis
- Summary/Abstract:The subject matter of this report is the concept of abuse of right (Art. 289 of the Commercial Law) compared with these of abuse of interest (Art. 303a, Paras 1-2 and Art. 309a, Para 3of the Commercial Law). Both abusive acts affect commercial transactions but are sanctioned in a different way by the law. Therefore, the abuse of interest seems to be a distinct concept. Whether is so or not, it is currently being discussed in this report. Both abusive acts are examined in respect of community acquis finding the right answer.
- Price: 4.50 €
По повод на сделките, с които непълнолетните разполагат с това, което са придобили с труда си
По повод на сделките, с които непълнолетните разполагат с това, което са придобили с труда си
(On the Transactions of Minors and the Disposal of the Acquired by Their Labour)
- Author(s):Delyan Nedev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
- Page Range:214-221
- No. of Pages:8
- Keywords:minors; capacity; nullity; judicial permit
- Summary/Abstract:The report deals with the transactions of minors and the disposal of the acquired from their labor activity (Art. 4, para 2 in fine of the Persons and Family Law). The author pays attention to some questions like the scope of application of the provision above, its relation to the provisions of Art. 130, paras 3 and 4 of the Family Code, the permission the minor exercising solitary his contracts rights and some aspects of the validity of the contract.
- Price: 4.50 €
За лихвата при договора за текуща сметка
За лихвата при договора за текуща сметка
(About the Interest on the Current Account Contract)
- Author(s):Blagoy Zlatanov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Commercial Law
- Page Range:222-229
- No. of Pages:8
- Keywords:current account; interest rate; merchants; anatocism; balance
- Summary/Abstract:Due to the law is required to be paid the interest rate by commercial transactions even it is not agreed by the merchants as parties to the contract. Nevertheless, in some cases that rule is not applicable. Therefore, the main disputable question in the doctrine and case law is whether in general by a current account agreement the interest (usura) on due amounts included in an account (a conto) can drop.
- Price: 4.50 €
Недействителност на трудовия договор. Съдебно прогласяване. Проблеми
Недействителност на трудовия договор. Съдебно прогласяване. Проблеми
(Invalidity of the Employment Contract. Judicial Proclamation. Problems)
- Author(s):Zhivko Boychev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Labour and Social Security Law
- Page Range:230-237
- No. of Pages:8
- Keywords:freedom of labour; employment contract for on-the-job training; Labour Code
- Summary/Abstract:This employment contract is one of the manifestations of the constitutional principle of freedom of labor in labor law. As a specific type of employment contract, it has many features, a large part of which are manifested upon its conclusion.
- Price: 8.00 €
Особености на сключването на трудов договор за обучение по време на работа
Особености на сключването на трудов договор за обучение по време на работа
(Peculiarities of Concluding an Employment Contract for On-the-job Training)
- Author(s):Hristo Banov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Labour and Social Security Law
- Page Range:238-250
- No. of Pages:13
- Keywords:freedom of labour; employment contract for on-the-job training; Labour Code
- Summary/Abstract:This employment contract is one of the manifestations of the constitutional principle of freedom of labor in labor law. As a specific type of employment contract, it has many features, a large part of which are manifested upon its conclusion.
- Price: 4.50 €
Публичност на вписването по българското вещно право
Публичност на вписването по българското вещно право
(Publicity of the Entry Under Bulgarian Property Law)
- Author(s):Ivaylo Vassilev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:251-262
- No. of Pages:12
- Keywords:registration; property law; principle of publicity; knowledge presumption
- Summary/Abstract:Тhe article analyzes the issue of the essence of the principle of publicity of registration under Bulgarian property law. According to its decision, there are conflicting opinions in the legal doctrine and the judicial practice of the Supreme Court of Cassation. They are based on the lack of uniform interpretation of Art. 1 of the Rules for Registration and Art. 8, para. 1 of the Cadastre and Land Registry Act. The purpose of the research is to present the contradictions in the light of specific hypotheses of registered acts, to give grounds for their resolution and, based on them, in conclusion to give priority to one of the opinions.
- Price: 4.50 €
Договорна суброгация по българското право
Договорна суброгация по българското право
(Contractual Subrogation Under Bulgarian Law)
- Author(s):Tolik Genchev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
- Page Range:263-278
- No. of Pages:16
- Keywords:subrogation; contract; bulgarian law; obligation; performance
- Summary/Abstract:The subject of the article is contractual subrogation – a contract that transfers the creditor’s rights to a third party at performance of the obligations by the latter. The article examines whether the Bulgarian legal system allows the contractual subrogation considering the direct effect of European Union law.
- Price: 4.50 €
Относно същността на компенсацията на вини при договорната отговорност
Относно същността на компенсацията на вини при договорната отговорност
(Regarding the Essence of the Compensation of Faults in Contractual Liability)
- Author(s):Andrean Slavchev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation, Comparative Law
- Page Range:279-295
- No. of Pages:17
- Keywords:contributory negligence; contractual liability; legal nature; theories
- Summary/Abstract:The report indicates the main theories justifying the legal nature of the culpa compensatio in contractual liability in a comparative legal aspect, as well as the understandings of the rule of Art. 83, para. 1 of the Obligations and Contracts Act in Bulgarian legal doctrine. The legislation and views on the legal nature of the creditor's contribution to non-performance and its interpretations in France, Italy, Germany and Great Britain are considered.
- Price: 4.50 €
Изпълнение на договора в полза на трето лице
Изпълнение на договора в полза на трето лице
(Execution of the Contract in Favour of a Third Party)
- Author(s):Petar Topurov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Court case
- Page Range:296-311
- No. of Pages:16
- Keywords:obligation; contract; contract in favor of a third party; right; performance; time of performance; place of performance; performance by third parties
- Summary/Abstract:The report examines general issues about the performance of third-party beneficiary contracts. For this purpose, a review of judicial practice and legal theory is made in relation to the issues regarding the subject of performance, the agreed right to performance by the beneficiary as one of the criteria for the presence of a contract in favor of a third party, the principles of performance, and time and place of performance. In conclusion, the following de lege ferenda proposals are made - an explicit settlement of the moment of emergence of the beneficiary's right and the possibility to request performance, as well as the need to notify him/her of the concluded contract in his favor.
- Price: 4.50 €
Правни проблеми при прилагането на чл. 9 от Наредбата за структурата и организацията на работната заплата
Правни проблеми при прилагането на чл. 9 от Наредбата за структурата и организацията на работната заплата
(Legal Problems in the Application of Art. 9 of the Ordinance on the Structure and Organization of the Salary)
- Author(s):Anna Filcheva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Labour and Social Security Law
- Page Range:312-322
- No. of Pages:11
- Keywords:payment; labour; daytime; totaled; night shifts; coefficient; conversion
- Summary/Abstract:The report analyses all paragraphs of Art. 9 of the Ordinance on the structure and organization of the salary. It was analyzed the legal nature of the payment of labor according to Art. 9, para. 1 and para. 3 of the Ordinance, and proposals de lege ferenda were also made.
- Price: 4.50 €
Правото на изкупуване по чл. 33, ал. 2 от Закона за собствеността като предпоставка за придобиване на вещни права
Правото на изкупуване по чл. 33, ал. 2 от Закона за собствеността като предпоставка за придобиване на вещни права
(The Right of Redemption Under Art. 33, para. 2 of the Property Law as a Prerequisite for the Acquisition of Real Rights)
- Author(s):Dimo Hadzhiev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Court case
- Page Range:323-336
- No. of Pages:14
- Keywords:right under Art. 33, para. 2 of the Property law; constitutive claim; constitutive judgement; right to property; redemption
- Summary/Abstract:In the present study, the emphasis is on clarifying the essence of the right under Art. 33, para. 2 of the Property Law and to examine the jurisprudence of the Supreme Cassation Court on the question. The report concerns opinions and controversial issues, related do the subject of research, set forth in legal doctrine.
- Price: 4.50 €
Въпроси относно конституционната идентичност
Въпроси относно конституционната идентичност
(Constitutional Identity Issues)
- Author(s):Emilia Drumeva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law
- Page Range:339-342
- No. of Pages:4
- Keywords:constitution; constitutional identity
- Summary/Abstract:This paper focuses on the notion of constitutional identity, which can be derived from the text of the constitution itself, as well as from its interpretation and application. It is relatively new to constitutional theory and practice and is undoubtedly linked to the constituion of a particular country.
- Price: 4.50 €
Административният договор в юриспруденцията на България и на Европейския съюз
Административният договор в юриспруденцията на България и на Европейския съюз
(The Administrative Contract in the Jurisprudence of Bulgaria and the European Union)
- Author(s):Darina Zinovieva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Administrative Law
- Page Range:343-350
- No. of Pages:8
- Keywords:administrative contract; jurisprudence
- Summary/Abstract:The report examines the Bulgarian jurisprudence before the regulation of the administrative contract in the Administratice Procedure Act and after it. A brief overview of EU jurisprudence is also given.
- Price: 4.50 €
Наложителни промени в АПК
Наложителни промени в АПК
(Necessary Amendments in Administrative Procedure Act)
- Author(s):Ivan Todorov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Court case, Administrative Law
- Page Range:351-365
- No. of Pages:15
- Keywords:APA; amendments; SAC; case law
- Summary/Abstract:This article raises questions about the necessary amendments in APA. The advantages of both the delivery of documents electronically and the unloading of the work of the Administrative Supreme Court, which can focus more on unifying the practice of the courts, are highlighted. A solution is also given to the issue of administrative criminal liability.
- Price: 4.50 €
Някои проблеми, свързани с екологичните вреди, по българското право
Някои проблеми, свързани с екологичните вреди, по българското право
(Problems Related to Environmental Damage Under Bulgarian Law)
- Author(s):Georgi Penchev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:366-375
- No. of Pages:10
- Keywords:environmental damage; Bulgarian law
- Summary/Abstract:This article is dedicated to one of the current problems of environmental law in the Republic of Bulgaria. Attention is drawn to the specifics and methods of compensation for environmental damage under Bulgarian law. Some problems of criminal responsibility for environmental damage are also considered.
- Price: 4.50 €
Столицата на България като държавен символ
Столицата на България като държавен символ
(The Capital of Bulgaria as a State Symbol)
- Author(s):Hristo Paunov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law
- Page Range:376-384
- No. of Pages:9
- Keywords:capital of Bulgaria; state symbol
- Summary/Abstract:This study examines the capital of Bulgaria – Sofia as a state symbol and a brief legal-historical analysis is made. Attention is directed to the capital as an administrative-territorial center of the Capital Municipality and of the Sofia-city district.
- Price: 4.50 €
Изпълнителната власт в преходния период 1990-1991 г.
Изпълнителната власт в преходния период 1990-1991 г.
(The Executive Power in the Transitional Period 1990–1991)
- Author(s):Konstantin Pehlivanov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law
- Page Range:385-400
- No. of Pages:6
- Keywords:amendments in the constitution; state bodies; administravie bodies
- Summary/Abstract:The paper gives a brief overview of the legal amendments in the field of executive power, carried out in the years of transition in Bulgaria. These amendments are in the Constitution of the People’s Republic of Bulgaria from 1971, adoption of the current constitution and several legal acts, creating new state bodies – the Bulgarian National Bank, Commission for the Protection of Competition and many others, which still exist nowadays and constitute the institutional fundament of governance.
- Price: 4.50 €
Форми за участие на гражданите в местните политики за самоуправление
Форми за участие на гражданите в местните политики за самоуправление
(Forms of Citizen Participation in Local Policies for Self-government)
- Author(s):Bogdan Yordanov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
- Page Range:401-411
- No. of Pages:11
- Keywords:local government; citizens; civil society
- Summary/Abstract:This development makes a partial legal analysis of the European and Bulgarian legislation relating to the topic. Recommendations are drawn for achieving a high level of democratization in terms of local self-government and the opportunities for citizens to participate in it.
- Price: 4.50 €
Проблеми на действащата правна уредба на местните референдуми в Република България
Проблеми на действащата правна уредба на местните референдуми в Република България
(Problems of the Current Legal Framework of Local Referenda in the Republic of Bulgaria)
- Author(s):Zornitsa Yordanova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
- Page Range:412-426
- No. of Pages:15
- Keywords:local referendum; local self-government
- Summary/Abstract:This report analyzes some problematic moments in the legal framework of local referenda in our country according to the Direct Participation of Citizens and Local Government Act. The author makes proposals de lege ferenda to improve the legal framework in order to ensure the actual participation of the population in decision-making process at local level.
- Price: 4.50 €
Данъчният кредит по ЗДДС в практиката на съда на ЕС по преюдициални запитвания по данъчни дела
Данъчният кредит по ЗДДС в практиката на съда на ЕС по преюдициални запитвания по данъчни дела
(The VAT Tax Credit in the Practice of the Court of the EU on Preliminary Rulings in Tax Cases)
- Author(s):Krasimir Mutafov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:427-434
- No. of Pages:8
- Keywords:tax credit; VAT Act; ECJ
- Summary/Abstract:This article is devoted to theoretically and practically issue related to the VAT tax credit and the right to deduct it, without claiming to be comprehensive. It is focused on the delivery as one of the conditions for its occurrence, and in this aspect the practice of the Supreme Administrative Court is subjected to a critical analysis in the context of the decisions of ECJ on preliminary rulings in tax cases.
- Price: 4.50 €
Референдумът като обект на конституционен контрол
Референдумът като обект на конституционен контрол
(The Referendum as an Object of Constitutional Control)
- Author(s):Radoslava Yankulova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Comparative Law
- Page Range:435-446
- No. of Pages:12
- Keywords:constitutional control; referendum
- Summary/Abstract:At the beginning of the present scientific work, a comparative overview of the system of constitutional control is made. The actual part of the presentation examines the Bulgarian model of constitutional control over the referendum.
- Price: 4.50 €
За правото на оспорване на актовете на възложителите на обществени поръчки
За правото на оспорване на актовете на възложителите на обществени поръчки
(On the Right to Challenge the Acts of Public Contractors)
- Author(s):Ilonka Goranova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:447-467
- No. of Pages:21
- Keywords:public procurement; contestation
- Summary/Abstract:The subject of this scientific report are some basis issues related to the possibility of challenging the decisions, actions and inactions of the public procurement authorities, with special attention being paid to the subjects with the right to challenge and the legal consequences of their complaints.
- Price: 4.50 €
Засилено присъствие на организациите на гражданите при издаването на общи и нормативни административни актове
Засилено присъствие на организациите на гражданите при издаването на общи и нормативни административни актове
(Increased Presence of Citizens' Organizations in the Issuance of General and Normative Administrative Acts)
- Author(s):Boyan Todorov Georgiev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Administrative Law
- Page Range:468-474
- No. of Pages:7
- Keywords:citizens’ organisation; GAA; NAA
- Summary/Abstract:In this research the term “citizens’ organization” is considered, as its legal expression was acquired in the Administrative Procedure Act. Emphasis is placed on the purpose of the definition of a public organization, which is particularly evident in the issuance and contestation of GAA and NAA.
- Price: 4.50 €
Право на достъп на пациента до лична медицинска информация
Право на достъп на пациента до лична медицинска информация
(Patient's Right of Access to Personal Medical Information)
- Author(s):Antonia Ilieva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:475-481
- No. of Pages:7
- Keywords:access to medical information; Health Act
- Summary/Abstract:Issues related to access to personal medical information are subject of hightened legal and public debate. It is indisputable that the topic is actual and poses a number of questions that were attempted to be answered through the health reform that lasted more than a decade.
- Price: 4.50 €
Икономически права на пациента
Икономически права на пациента
(Economic Rights of the Patient)
- Author(s):Maria Ivanova Radeva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law
- Page Range:482-490
- No. of Pages:9
- Keywords:economic rights; patient rights
- Summary/Abstract:Economic rights should be considered in the sense of a concept of human rights. The introduction of certain mechanism and rules for financing the health system, including direct payment by the patient, puts in the focus of public attention and the legal system the question of guaranteeing the economic right of the patient.
- Price: 4.50 €
Критерии за съразмерност при упражняване на правомощията на държавния глава
Критерии за съразмерност при упражняване на правомощията на държавния глава
(Criteria for Proportionality in the Exercise of the Authority of the President)
- Author(s):Blagoy Deliev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law
- Page Range:491-503
- No. of Pages:13
- Keywords:constitution; president
- Summary/Abstract:In cases expressly defined in the Constitution, the president exercises powers that legitimize him in a different way in the system of authorities. In the present article, the interest is whether “the logic” of this constitutional proportionality in the exercise of presidential powers is purely juridicial and constant, and whether it evolves practice.
- Price: 4.50 €
Стратегия за развитие на е-управление в Република България 2014-2020 г.
Стратегия за развитие на е-управление в Република България 2014-2020 г.
(Strategy for the Development of E-Government in the Republic of Bulgaria 2014 - 2020)
- Author(s):Mariyana Anastasova-Tumbakova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:504-516
- No. of Pages:13
- Keywords:e-government; strategy
- Summary/Abstract:Undoubtedly, e-governance, e-government and e-services are best developed in politically and economically more advanced EU countries. Regardless of the fact that Republic of Bulgaria is not among them, the government should direct its efforts to achieving greater progress in the process of introducing e-government in our country with a view to achieving established European standarts.
- Price: 4.50 €
Сравнителноправен анализ на информираното съгласие според българското и европейското законодателство
Сравнителноправен анализ на информираното съгласие според българското и европейското законодателство
(Comparative Legal Analysis of Informed Consent According to Bulgarian and European Legislation)
- Author(s):Krasimir Peychinov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation, Comparative Law
- Page Range:517-524
- No. of Pages:8
- Keywords:informed cosent; comparative analysis
- Summary/Abstract:Informed consent is a process by which a treating healthcare professional discloses relevant information to a patient so that the patient can make a voluntary choice to accept or refuse treatment. This comparative legal analysis will cover three European countries where informed consent is regulated in detail and where experience and knowledge can be drawn.
- Price: 4.50 €
Колизии на правомощията на съдилищата при контрол за противоконституционност на приложим по делото закон
Колизии на правомощията на съдилищата при контрол за противоконституционност на приложим по делото закон
(Conflicts of the Powers of the Courts during the Review for Unconstitutionality of the Applicable Law to the Case)
- Author(s):Anastas Punev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Court case
- Page Range:525-533
- No. of Pages:9
- Keywords:unconstitutionality; power of the courts; conflicts
- Summary/Abstract:The development touches one of the possible problems relating to conflicts between the courts concerning unconstitutionality of the law applicable to a particular legal case. It is pointed out that the Constitution of Bulgaria is equal to any other normative act in terms of its application, and therefore reference to it in a dispute in the field of civil, criminal, administrative or any other branch of law does not require a special procedural order for its resolution.
- Price: 4.50 €
Антидискриминационен анализ, прилаган от съда на Европейския съюз по данъчни дела
Антидискриминационен анализ, прилаган от съда на Европейския съюз по данъчни дела
(Non-discrimination Analysis Applied by the ECJ in Tax Cases)
- Author(s):Ani Miteva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
- Page Range:534-546
- No. of Pages:13
- Keywords:discrimination; ECJ; direct taxation
- Summary/Abstract:The purpose of the present analysis is to describe the specific stages of the so-called non-discrimination analysis applied by the ECJ in tax cases in the field of direct taxation. The latter would contribute to the more effective protection against discriminatory tax treatment of taxable persons, EU citizens, who carry out crossborder activity withing the EU.
- Price: 4.50 €
Конституционните права на гражданите и предлаганите промени в административното правораздаване
Конституционните права на гражданите и предлаганите промени в административното правораздаване
(The Constitutional Rights of citizens and the Proposed Changes in Administrative Justice)
- Author(s):Natasha Tseneva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Civil Law, Administrative Law
- Page Range:547-552
- No. of Pages:6
- Keywords:constitutional right of protection; administrative process
- Summary/Abstract:A brief analysis of the right of protection of Bulgarian citizens (Article 56 of the Constitution of RB), its meaning and significance, their right to appeal all administrative acts that affect them, as well as the existing restrictions (Art. 120, par. 2 of the Constitution of RB). Some of the proposed solutions in the draft amendment to the Administravice Procedure Code have been tracked – summons, notices, fees, cassation appeal, etc., as well as to what extent they limit the constitutionally protected rights of citizens.
- Price: 4.50 €
Наказателното правораздаване - обща рамка, законово съдържание и развитие като процесуална дейност
Наказателното правораздаване - обща рамка, законово съдържание и развитие като процесуална дейност
(Criminal Justice - General Framework, Legal Content and Development as a Procedure)
- Author(s):Nikola Manev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:555-570
- No. of Pages:16
- Keywords:criminal procedure; court proceedings; procedural control
- Summary/Abstract:The article examines in detail the legal positioning of the criminal procedure in its judicial phase under the law and in the work of state bodies, judicial proceedings and legality and procedural control over the delivery of justice.
- Price: 4.50 €
Обстоятелства, изключващи обществената опасност и противоправността на деянието
Обстоятелства, изключващи обществената опасност и противоправността на деянието
(Circumstances excluding the public danger and illegality of the act)
- Author(s):Anton Girginov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation
- Page Range:571-580
- No. of Pages:10
- Keywords:Criminal Code; public danger; proportionality; illegality; exclusion; legislator; law enforcement bodies
- Summary/Abstract:The issue of the relationship between public danger and illegality is being investigated with a view to their exclusion in the acts under Art. 12 – 13A of the Criminal Code. The different approach of the legislator and the law-enforcement bodies is clarified. It is concluded that for the law enforcement authorities, the absence of illegality has a leading importance. It is also characteristic of the acts under Art. 12 - 13A of the Criminal Code, because of which the law enforcement authorities do not have to refer to the absence of public danger in their country. The legal text should also comply with this, and for this purpose it should indicate that the acts under Art. 12 - 13A of the Criminal Code are not illegal. Finally, these acts are compared with the minor act under Art. 9, para. 2 of the Criminal Code, which, although also not a crime, has the opposite characteristic.
- Price: 4.50 €
Positive Obligations Under Article 3 ECHR A Bypass to Criminal Policy?
Positive Obligations Under Article 3 ECHR A Bypass to Criminal Policy?
(Positive Obligations Under Article 3 ECHR A Bypass To Criminal Policy?)
- Author(s):Gerhard Fiolka
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation, Court case
- Page Range:581-588
- No. of Pages:8
- Keywords:criminal policy; individuals; general trends; fundamental rights
- Summary/Abstract:The article examines the extension of positive obligations to the duty to prevent ill-treatment amongst individuals. The extension of scope of application of article 3. The imposition of specific dogmatic concepts to states. Naïve perception of effectiveness of criminal law provisions. Analysis based on «general trends». Cultural imperialism and insensitivity to differences in societies. Unified approach to behaviour as a cluster risk.
- Price: 4.50 €
Наказателноправни аспекти на измамата
Наказателноправни аспекти на измамата
(Criminal law aspects of fraud)
- Author(s):Daniela Doncheva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Civil Law, Comparative Law
- Page Range:589-592
- No. of Pages:4
- Keywords:fraud; deception; lie; deceit; contract
- Summary/Abstract:The study examines the concept of the crime of fraud in detail. Going beyond the limits of the Criminal Code, a comparison is made with the concept of deceit in civil law. Fraud as passive and active behavior as this in the contract, as well as deception and falsehood.
- Price: 4.50 €
Въпроси на актуалното прилагане на забраната за "реформацио ин пеус" като гаранция за правото на защита на обвиняемия/подсъдимия в наказателния процес
Въпроси на актуалното прилагане на забраната за "реформацио ин пеус" като гаранция за правото на защита на обвиняемия/подсъдимия в наказателния процес
(Issues of the current application of the prohibition of reformatio in peius as a guarantee for the right of defense of the accused/defendant in the criminal procedure)
- Author(s):Ivan Ranchev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Court case
- Page Range:593-605
- No. of Pages:13
- Keywords:prohibition; reformatio in peius; criminal code; criminal proceedure
- Summary/Abstract:Essence of the prohibition of reformatio in peius in criminal proceedure. Effect of the prohibition to worsen the situation of the defendant in the appellate proceedings. Effect of the prohibition to worsen the situation of the defendant in cassation proceedings. Effect of the prohibition to aggravate the situation of the defendant in the proceedings for the reopening of criminal cases.
- Price: 4.50 €
Malitia Supplet Aetatem?: Sanctioning Of Young Criminals In The Republic Of Macedonia
Malitia Supplet Aetatem?: Sanctioning Of Young Criminals In The Republic Of Macedonia
(Malitia Supplet Aetatem?: Sanctioning Of Young Criminals In The Republic Of Macedonia)
- Author(s):Angelina Stanojoska, Julijana Jurtoska
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:606-616
- No. of Pages:11
- Keywords:criminal policy; juvenile; Republic of Macedonia; sanction
- Summary/Abstract:Juvenile delinquency has always been in the center of interest, mostly because of juveniles are a sensitive category of criminal offenders. But what’s and has been even a bigger problem are the actions which should be undertaken by the state in cases when those offenders are to be sanctioned for their actions. If we analyze criminal policy from the oldest times of human civilization, we’ll conclude that juveniles were treated same as adult criminals, and in some cases even worse. Of course, such sanctioning process did not give the expecting results, existed during times of punitive measures and repression, and later was changed with preventive measures directed towards juvenile’s socialization and re – education. The Republic of Macedonia had its first special law dedicated to juvenile offenders in 2010, changing it with a new one in 2013. The latter one contains sanctions directed towards juvenile protection and education, promoting restorative justice. The paper will analyze Macedonian criminal and legal policy towards juveniles, during the period 2004 – 2016.
- Price: 4.50 €
Процесуалното положение на родителите и попечителите по делата за престъпления, извършени от непълнолетни
Процесуалното положение на родителите и попечителите по делата за престъпления, извършени от непълнолетни
(The procedural situation of parents and guardians in cases of crimes committed by minors)
- Author(s):Boyan Belezhkov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, International Law
- Page Range:617-624
- No. of Pages:8
- Keywords:minors; defendants; parents; guardians; procedural status
- Summary/Abstract:A special place among the special rules for considering cases of crimes committed by minors is allocated to the participation of their parents or guardians. With international acts on children's justice, the role of these actors is primarily associated with providing assistance and emotional support, while in Bulgarian doctrine and jurisprudence, the notion that they contribute mainly to revealing the objective truth about those circumstances related to the person of the minor defendant.The subject of the present study is the procedural situation of the parents and guardians, the conformity of the Bulgarian procedural system with the international standards of justice, according to the best interests of the child, as well as the problems of jurisprudence on the analyzed issue.
- Price: 4.50 €
Обезпечаване на разноските в наказателното право и сравнителен анализ с гражданското съдопроизводство
Обезпечаване на разноските в наказателното право и сравнителен анализ с гражданското съдопроизводство
(Security costs in criminal law and comparative analysis with civil litigation)
- Author(s):Chavdar Petrov Groshev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Civil Law, Comparative Law
- Page Range:625-631
- No. of Pages:7
- Keywords:civil proceeding; criminal costs; precautionary measures
- Summary/Abstract:The article examines the question of the "cost" of the legal procedure. When and by whom are the costs of the case paid. Precautionary proceedings, Admission of collateral, Precautionary measures.
- Price: 4.50 €
Наказателнопроцесуални аспекти на реторсията
Наказателнопроцесуални аспекти на реторсията
(Criminal procedural aspects of retort)
- Author(s):Yanko Roychev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Court case
- Page Range:634-644
- No. of Pages:13
- Keywords:retaliation; criminal proceedings; private plaintiff; crimes of a private nature; defendant; powers of the court
- Summary/Abstract:The presentation analyzes a number of criminal procedural problems arising from the institution of retort. The prohibition under Art. 74, para. 3 of the Code of Criminal Procedure for the accused to exercise the rights of a victim in the same proceedings; the powers of the court in applying retort, including whether the institute is applied ex officio and whether there is a margin of discretion in this regard; the consequences of the defendant's request for retaliation. Emphasis is placed on the controversial judicial practice in connection with the consolidation of cases initiated by complaints of two persons against each other, as well as on the concept of "counter-complaint" and its meaning under the current legal framework. As an institute with long-standing traditions in Bulgarian criminal law, retort has been the subject of numerous scientific studies, which have been analyzed and summarized accordingly.
- Price: 4.50 €
Презумпцията за невинност - основна процесуална гаранция в наказателния процес
Презумпцията за невинност - основна процесуална гаранция в наказателния процес
(The presumption of innocence - a basic procedural guarantee in the criminal procedure)
- Author(s):Vanya Todorova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:645-649
- No. of Pages:5
- Keywords:in dubio pro reo; presumption of innocence
- Summary/Abstract:The article examines the concept of presumption of innocence as one of the most important procedural guarantees, also known from Roman law. The doubt in the judicial procedure. The presumption of innocence of the accused is distinguished from the factual presumption of guilt.
- Price: 4.50 €
Древноримски идеи за правното образование и правните реформи
Древноримски идеи за правното образование и правните реформи
(Ancient Roman ideas on legal education and legal reforms)
- Author(s):Malina Novkirishka- Stoyanova
- Language:Bulgarian
- Subject(s):Social Sciences, Education, Law, Constitution, Jurisprudence, Higher Education , Roman law
- Page Range:653-674
- No. of Pages:22
- Keywords:legal education; jurisdiction; reforms; institutions; Justinian; modern law
- Summary/Abstract:This paper presents the experience of the study and teaching of Roman law and the reform of legal education by Emperor Justinian, which is related to the reform of positive law, the interpretation of jurisprudence and jurisdiction. This topic is discussed in the context of the current reforms of Bulgarian legal education and the judiciary.
- Price: 4.50 €
Политическото измерение на църковната собственост (XVII век)
Политическото измерение на църковната собственост (XVII век)
(The political dimension of church property (XVII century))
- Author(s):Xavier Godin
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, History of Law, Political Theory, Politics and law, Canon Law / Church Law
- Page Range:675-685
- No. of Pages:11
- Keywords:property; crown; church; reformation; Brittany; France; seventeenth century
- Summary/Abstract:The relationship between the king and the church in France during the Ancien Régime (16th-18th centuries) can be well explained by the issue of property. In the 1670s, Colbert called for a complete reform of royal landholdings in Brittany, with mandatory justification for all alienations. The reform was critical to many landlords, especially the church, since some portions of their lands had encroached on the royal domain. The review of suspected frauds and purchases proved the king's sovereign power in a pays d’états and the crucial role of the domanialité in the Kingdom of France during the 17th century.
- Price: 4.50 €
Римско право и његов трајни карактер
Римско право и његов трајни карактер
(Roman law and its lasting character)
- Author(s):Marija Ignjatović
- Language:Serbian
- Subject(s):Law, Constitution, Jurisprudence, Roman law
- Page Range:686-697
- No. of Pages:12
- Keywords:Roman law; reception of Roman law; private law; codifications; ius commune
- Summary/Abstract:The constant need to deny and marginalize the importance of Roman law is a normal phenomenon, not only at the time of the adoption of the most important codifications of civil society, but also in modern times. However, the Roman concepts of property, contracts, obligations and legal theory make these actions unsuccessful. The institutes that emerged from it show its enormous importance in the construction of modern private law. Roman law was the first ius commune and can still serve as a model today, when the unification of law is sought throughout Europe. Because of these values, Roman law represents a universal and civilizing heritage that belongs to the entire modern world.
- Price: 4.50 €
Принципи на частното и на публичното право
Принципи на частното и на публичното право
(Principles of private and of public law)
- Author(s):Yanaki Stoilov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Comparative Law
- Page Range:698-708
- No. of Pages:11
- Keywords:private and public law; imperative and dispositive norms; principles and rules; individual and public interests; values/ideas; constitutional principles; fundamental rights/obligations
- Summary/Abstract:The classification of legal principles into types is usually done in pairs. One of them refers to the principles of private and public law. This distinction indicates where the principles are located and how this affects their establishment and operation. The principles of private and public law differ in the way they are established, in the logical operations by which they are deduced and justified and in the way they operate and interact with legal norms. Based on the criteria listed, a parallel is drawn between the principles of private and public law.
- Price: 4.50 €
Гражданското законодателство в буржоазна България
Гражданското законодателство в буржоазна България
(Civil legislation in bourgeois Bulgaria)
- Author(s):Neli Radeva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law
- Page Range:709-725
- No. of Pages:15
- Keywords:bourgeois civil law; law on succession; law on obligations and contracts; Guardianship Act
- Summary/Abstract:Immediately after the Liberation, private law relations in the Bulgarian state continued to be governed by the Turkish Civil Code (Medjele). In form and content, it was an outdated feudal code. It lacked norms for inheritance law, land ownership, and family law. Despite its shortcomings, it is applied in Bulgaria and gradually replaced by new laws enacted in accordance with the relevant legislative procedure.
- Price: 4.50 €
Съд за пререкания
Съд за пререкания
(Court of Jurisdictional Disputes)
- Author(s):Vassil Krumov Petrov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Constitutional Law
- Page Range:726-732
- No. of Pages:7
- Keywords:Court of Jurisdictional Disputes; jurisdictional dispute; Supreme Court of Cassation; Supreme Administrative Court; constitutionality; expediency; third supreme court
- Summary/Abstract:The Court of Jurisdictional Disputes existed under this name in Bulgaria between 1912 and 1948. With the division of the Supreme Court into two supreme courts - the Supreme Court of Cassation and the Supreme Administrative Court - in 1996, the need immediately arose to create a judicial body for the settlement of jurisdictional disputes between these two supreme judicial bodies. The Judiciary System Act (1994) created and existing and currently mixed five-judge bench of three judges of the Supreme Court of Cassation and two judges of the Supreme Administrative Court, has long merited the attention of the doctrine, which seems to have forgotten the old Court of Jurisdictional Disputes.
- Price: 4.50 €
Искът в римското и в съвременното право
Искът в римското и в съвременното право
(The lawsuit in Roman and in modern law)
- Author(s):Tihomir Rachev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Comparative Law, Roman law
- Page Range:733-748
- No. of Pages:16
- Keywords:civil procedure; lawsuit; right of action; Roman law; Roman legal tradition; limitation
- Summary/Abstract:The paper presents the historical development of the lawsuit as an institution of the civil procedure in Roman and modern Bulgarian law. The interrelation of substantive and procedural law is the subject of perennial disputes, the resolution of which does not seem to have been occurred yet. The relationship between the nature of substantive law, which depends on the effect of various legal facts - for example, the expiry of limitation and prescription periods, and the development of civil procedure are the subject of extensive discussion, in which there is room for arguments based on the Roman jurisprudence.
- Price: 4.50 €
За структурата на юридическата аргументация
За структурата на юридическата аргументация
(On the structure of legal argumentation)
- Author(s):Doroteya Dimova-Severinova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence
- Page Range:749-757
- No. of Pages:9
- Keywords:legal argumentation; structure; Toulmin’s method; theory of argumentation; legal results
- Summary/Abstract:The question of the structure of legal argumentation has not been explored in the Bulgarian legal doctrine. Individual researchers deal with isolated problems concerning the structure of legal argumentation. The structure represents the internal form of organization of the system, which appears as a unity of stable regular relationships between its elements. In science, the transition from description to explanation, from phenomena to essence, coincides with the knowledge of the structural features of the deeper levels of matter. This is why the question of the structure of legal argumentation, and hence its effectiveness, is so important.
- Price: 4.50 €
Юридическо и политическо значение на Санстефанския предварителен мирен договор
Юридическо и политическо значение на Санстефанския предварителен мирен договор
(Legal and political significance of the San Stefano preliminary treaty of peace)
- Author(s):Georgi Spasov
- Language:Bulgarian
- Subject(s):History, Law, Constitution, Jurisprudence, Special Historiographies:, Period(s) of Nation Building
- Page Range:758-763
- No. of Pages:6
- Keywords:preliminary treaty of peace; San Stefano; Principality of Bulgaria; Rumelia; Great Powers; autonomy; Treaty of Berlin
- Summary/Abstract:After the cessation of hostilities in the Russo-Turkish War of 1877-1878, with the signing of the Treaty of San Stefano, some factual frameworks are outlined that affect the territory inhabited by ethnic Bulgarians, but whether they are legally sufficient to claim that there is already a new subject of international law, a new state, to celebrating its liberation on the third of March?
- Price: 4.50 €
La politique culturelle de L’union européenne entre diversité culturelle et mise en évidence de l’héritage culturel commun
La politique culturelle de L’union européenne entre diversité culturelle et mise en évidence de l’héritage culturel commun
(The cultural policy of the European Union - between cultural diversity and the foregrounding of the common cultural heritage)
- Author(s):Jean-Christophe Barbato
- Language:French
- Subject(s):Anthropology, Social Sciences, Law, Constitution, Jurisprudence, International Law, Culture and social structure , Sociology of Law
- Page Range:767-777
- No. of Pages:11
- Keywords:culture; policy; European Union; diversity; cultural heritage
- Summary/Abstract:One of the components of the United Europe idea, according to its founders, is culture. The EU views the goal of maintaining cultural diversity as complementary to the goal of highlighting the common cultural legacy. Both of these objectives are more likely to be attained through intercultural conversation and the free movement and access to all cultures. Starting from diversity, the goal is to achieve a unity that does not, however, harm the original diversity, which is preserved. The European Union's motto, "United in Diversity," is a wonderful synthesis of this strategy.
- Price: 4.50 €
Културната политика на Европейския съюз - между културното многообразие и поставянето на преден план на общото културно наследство
Културната политика на Европейския съюз - между културното многообразие и поставянето на преден план на общото културно наследство
(The cultural policy of the European Union - between cultural diversity and the foregrounding of the common cultural heritage)
- Author(s):Jean-Christophe Barbato
- Language:Bulgarian
- Subject(s):Anthropology, Social Sciences, Law, Constitution, Jurisprudence, Culture and social structure , Sociology of Law
- Page Range:778-789
- No. of Pages:12
- Keywords:culture; policy; European Union; diversity; cultural heritage
- Summary/Abstract:One of the components of the United Europe idea, according to its founders, is culture. The EU views the goal of maintaining cultural diversity as complementary to the goal of highlighting the common cultural legacy. Both of these objectives are more likely to be attained through intercultural conversation and the free movement and access to all cultures. Starting from diversity, the goal is to achieve a unity that does not, however, harm the original diversity, which is preserved. The European Union's motto, "United in Diversity," is a wonderful synthesis of this strategy.
- Price: 4.50 €
Универсалната юрисдикция в международното право
Универсалната юрисдикция в международното право
(Universal jurisdiction in international law)
- Author(s):Tsvetana Kamenova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, International Law
- Page Range:790-792
- No. of Pages:3
- Keywords:jurisdiction; universal jurisdiction; human rights; judicial sovereignty
- Summary/Abstract:One of the problems that have not been developed yet in our doctrine of international law is the issue of “Universal Jurisdiction”. This issue is significant and much debated. Many believe that the application of universal jurisdiction in the bipolar world that we currently live in, cannot have a bright future, because it is frequently manipulated for political ends.
- Price: 4.50 €
Международната сигурност като елемент на съвременната международна система
Международната сигурност като елемент на съвременната международна система
(International security as an element of the modern international system)
- Author(s):Nadia Boyadjieva
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, International Law, Security and defense
- Page Range:793-804
- No. of Pages:12
- Keywords:international security; international politics; international relations; globalization; asymmetry; conflict
- Summary/Abstract:The article is devoted to current issues of international security in contemporary international politics. It is stated that after the period of bipolar world there are changes in the international system, which lead to a change in the understanding of the concepts of "security" and "international security". The emergence of new threats, risks and challenges to international security that affects the internal and external security of states is examined in a summary manner, blurring the lines between the two concepts to some extent. The role of the United Nations (UN) and regional international organizations as contributors to stability and international security is emphasized.
- Price: 4.50 €
Проблеми и перспективи на развитието на международното морско частно право в Република България
Проблеми и перспективи на развитието на международното морско частно право в Република България
(Problems and Prospects of the Development of Private International Maritime Law in the Republic of Bulgaria)
- Author(s):Diana Marinova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, International Law, Maritime Law
- Page Range:805-818
- No. of Pages:14
- Keywords:private international maritime law; problems; perspectives; formulas of attachment
- Summary/Abstract:Private international maritime law (PIML) is closely related to private international law as a whole, in terms of the type of law governing private legal relations with an international element, the subjects, object and method of legal regulation, the principles on which it is based, and the sources of law. However, despite these similarities, the PIML has some specific features, which are the subject of this report. The report lays the foundations for a more detailed study of the problems and development prospects of the PIML in the Republic of Bulgaria as a country with access to the sea.
- Price: 4.50 €
За някои проблеми при определяне на международната компетентност по колективни искове за защита на потребителите
За някои проблеми при определяне на международната компетентност по колективни искове за защита на потребителите
(On some problems in determining international jurisdiction in collective claims for consumer protection)
- Author(s):Dimitar Dekov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, International Law, EU-Legislation
- Page Range:819-834
- No. of Pages:16
- Keywords:consumers; collective interest; protection; class action; lawsuit; globalization
- Summary/Abstract:In the international civil procedures in cases for the protection of a collective or public interest, the leading role of the actor sequitur forum rei principle is not justified. In order to establish effective rules on international jurisdiction and to ensure maximum effectiveness of EU law, it is necessary to adopt specific rules on international jurisdiction in procedure which introduce mechanisms for the collective protection of consumer rights. It is important that the principle of mutual recognition of the competent authorities of the Member States be applied in private international law. It is necessary that the court of the place where the injury to the collective interest of consumers occurs has full international jurisdiction to adjudicate on the dispute.
- Price: 4.50 €
Административно сътрудничество по данъчни въпроси в рамките на Европейския съюз
Административно сътрудничество по данъчни въпроси в рамките на Европейския съюз
(Administrative cooperation on tax issues within the European Union)
- Author(s):Elina Marinova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, International Law, EU-Legislation, Administrative Law
- Page Range:835-847
- No. of Pages:13
- Keywords:administrative cooperation; taxation; tax avoidance; cross-border measures; EU
- Summary/Abstract:In recent years, numerous of measures have been adopted within the European Union to combat tax avoidance practices. An important aspect of these measures is administrative cooperation in tax matters. The report examines the legal instruments for implementing cooperation between Member States tax authorities, as well as the premises, scope and its forms.
- Price: 4.50 €
Модернизация на правото на международна търговия в подкрепа на иновациите и устойчивото развитие. Петдесет години УНСИТРАЛ
Модернизация на правото на международна търговия в подкрепа на иновациите и устойчивото развитие. Петдесет години УНСИТРАЛ
(Modernization of international trade law to support innovation and sustainable development. Fifty years of UNCITRAL)
- Author(s):Tsvetanka Spasova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, International Law
- Page Range:848-861
- No. of Pages:14
- Keywords:international trade law; UNCITRAL; smart contracts; soft law; modernization; digitalization
- Summary/Abstract:The report is marking the 50th anniversary of the founding of the United Nations Commission on International Trade Law (UNCITRAL). The study's focus is on existing and upcoming initiatives to modernize international trade law in support of sustainable development and innovation, while some challenges posed by the development of technology are examined.
- Price: 4.50 €
Производството по несъстоятелност в контекста на правото на справедлив процес по чл. 6, ал. 1 ЕКПЧ
Производството по несъстоятелност в контекста на правото на справедлив процес по чл. 6, ал. 1 ЕКПЧ
(Bankruptcy proceedings in the context of the right to a fair trial under Art. 6, § 1 ECHR)
- Author(s):Neli Madanska
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law, Commercial Law
- Page Range:862-877
- No. of Pages:16
- Keywords:debtor; access to court; creditor; bankruptcy; European Court of Human Rights; decision
- Summary/Abstract:The report examines commercial bankruptcy through the prism of the fundamental right to a fair trial protected by Article 6, § 1 of the European Convention on Human Rights, and aims to highlight the principles established in the jurisprudence of the European Court of Human Rights (the criteria for a reasonable duration of bankruptcy proceedings, the right of access to the court, the positive obligations of the state to provide effective means of protection to the debtor, creditors, and bankruptcy table authorities, etc.). Where appropriate, a parallel will be drawn with the national legislation and case law.
- Price: 4.50 €
Правото на достъп до медицинска помощ на лишените от свобода и задържаните лица в практиката на Европейския съд по правата на човека
Правото на достъп до медицинска помощ на лишените от свобода и задържаните лица в практиката на Европейския съд по правата на човека
(The right of access to medical care for prisoners and detainees in the practice of the European Court of Human Rights)
- Author(s):Mariya Hristozova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law
- Page Range:878-888
- No. of Pages:11
- Keywords:access to medical care; persons deprived of their liberty; detainees; European Court of Human Rights
- Summary/Abstract:The right of access to medical care is a fundamental human right that the State must guarantee to all persons, including those deprived of their liberty or detainee. In its case-law, the European Court of Human Rights accepts that each State must ensure that detainees are held in conditions compatible with respect for human dignity, and that, given the practical requirements of deprivation of liberty, their health and well-being are adequately ensured through necessary medical care. In this the States - parties to the European Convention on Human Rights, should bear in mind that the lack of adequate medical care for the above-mentioned group of persons may engage their responsibility under Article 3 of the Convention.
- Price: 4.50 €
България и операцията "Съюзна сила": международноправни аспекти на предоставената от България помощ за силите на НАТО
България и операцията "Съюзна сила": международноправни аспекти на предоставената от България помощ за силите на НАТО
(Bulgaria and the "Allied Force" operation: international legal aspects of the assistance provided by Bulgaria to NATO forces)
- Author(s):Stoyan Memtsov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, International Law
- Page Range:889-905
- No. of Pages:17
- Keywords:use of force; international relations; intervention; mandatory norms; NATO; ex-Yugoslavia; Kosovo
- Summary/Abstract:In Spring of 1999 NATO conducted the operation „Allied Force” against the former Federal Republic of Yugoslavia. In the final phase of this operation Bulgaria granted a part of its airspace for the purposes of the Alliance's air forces. This article first clarifies the extent to which NATO's use of force against the FR Yugoslavia complies with the norms of international law. If it is not, the second purpose is to clarify the extent to which the assistance provided by Bulgaria may constitute a violation of international law.
- Price: 4.50 €
Средства за защита на националната идентичност в първичното право на ЕС
Средства за защита на националната идентичност в първичното право на ЕС
(Means of protection of national identity in the primary law of the EU)
- Author(s):Dimitar Angelov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, International Law, EU-Legislation
- Page Range:906-923
- No. of Pages:18
- Keywords:national identity; European integration; treaty of EU
- Summary/Abstract:This report provides a brief overview of the legal instruments for the protection of the national identity of the EU member states enshrined in the founding treaties and in the Charter of Fundamental Rights of the EU (CFREU). The first part of the report deals with the main functions and forms of implementation of the provision of Article 4, § 2 TEU. The second part of the report analyzes other legal instruments provided for in the primary law of the EU, that ensure respect for national identity in an indirect way, including the clause for withdrawal from the EU (Article 50 TEU), the mechanisms for revising the founding treaties, the principle of subsidiarity, etc.
- Price: 4.50 €
Европейската агенция за гранична и брегова охрана
Европейската агенция за гранична и брегова охрана
(European Border and Coast Guard Agency)
- Author(s):Vladimir Valev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, International Law
- Page Range:924-939
- No. of Pages:16
- Keywords:integration; EU; migration; Frontex; security
- Summary/Abstract:Promoting the free movement of people has been an important goal of European integration since the 1950s. Since 1999, the European Justice and Home Affairs Council has taken several measures to improve cooperation in the field of migration, asylum and security. The events of recent years, in particular the unprecedented increase in migrant and refugee flows, have severely tested citizens' confidence in the EU's ability to manage its borders. For this reason, it was necessary to adopt Regulation 2016/1624 of September 14, 2016 establishing a European Border and Coast Guard (Frontex) in order to adequately respond to the challenges of these movements.
- Price: 4.50 €