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Legal Science – Traditions and Actualities. Collected works on the occasion of the 50th anniversary of the Paisiy Hilendarski University of Plovdiv, Law Faculty Cover Image

Правната наука - традиции и актуалност. Научна конференция по случай петдесетата годишнина на Пловдивския университет "Паисий Хилендарски", Пловдив, 30 септември - 1 октомври 2011 г. (организирана от Юридическия факултет)
Legal Science – Traditions and Actualities. Collected works on the occasion of the 50th anniversary of the Paisiy Hilendarski University of Plovdiv, Law Faculty

Contributor(s): Vassil Mrachkov (Editor), Darina Zinovieva (Editor), Ventsislav Stoyanov (Editor)
Subject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Criminal Law, Civil Law, Administrative Law, Labour and Social Security Law, Roman law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: civil (private) law; public law; international law; comparative law; criminal law and procedure; history of law and Roman law; labour and social security law
Summary/Abstract: This collection is dedicated to the 50th anniversary of the Paisiy Hilendarski University of Plovdiv. On this occasion, a scientific conference Legal Science – Traditions and Actualities was held in Fall 2011 at the Faculty of Law. 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, labour and social security law, public (constitutional and administrative and financial) law, international law, criminal law and procedure, history of law and Roman law.

  • Print-ISBN-13: 978-954-423-768-4
  • Page Count: 563
  • Publication Year: 2012
  • Language: Bulgarian
Отношения между държава и църква във Византия

Отношения между държава и църква във Византия
(Relations between State and the Church in Byzantium)

  • Author(s):Galabina Petrova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law, Canon Law / Church Law
  • Page Range:13-27
  • No. of Pages:15
  • Keywords:Byzantium; State; Church; relations; the Christian doctrine; conflicts
  • Summary/Abstract:When we consider the relations between the State and the Christian Church during a certain historical period of their development, we should proceed, on the one hand, from the Christian doctrine of the origin and nature of these two institutions, and, on the other hand, from the concrete needs of the State in the conduct of its domestic and foreign policy. This gives rise to both the manifestations of interaction and some inevitable conflicts. And despite the existence of these two manifestations, the Byzantine state secured the support of the Church during the period of its existence, and the Church exerted great influence over the State. Both as a rule sought cooperation, but human factors, political considerations, or their own interests often played an important role in establishing the relationship between the two institutions.
Разложкият ръкопис - паметник на черковното право

Разложкият ръкопис - паметник на черковното право
(The Razlog Manuscript – Monument of the Ecclesiastical law)

  • Author(s):Desislava Stoyankova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, History of Law, Canon Law / Church Law
  • Page Range:28-35
  • No. of Pages:8
  • Keywords:Razlog; manuscript; late Nomocanon; legal; ethical code; monument
  • Summary/Abstract:The nineteenth century was an era of dynamic cultural, social, and economic advancement. During this period, numerous literary models were created, which later became monuments of lasting value. An interesting monument from this period is the Razlog manuscript. It is a legal monument from the second half of the 19th century, containing civil and ecclesiastical laws, which is why it is called the "late Nomocanon". The manuscript provides us with valuable information about the life of Bulgarians in southwestern Bulgaria, both in legal, linguistic and socio-cultural terms. It also served as a guide for clergy in fulfilling their moral and social duties to the people. It contains the basic norms of behaviour of the period under consideration, and from it can be gleaned information from jurisprudence, history, folklore, linguistics, ethnography, etc. This gives us reason to call it the ethical code of the Razlog region.
Въвеждане на българско гражданско управление в Беломорието (1941-1944)

Въвеждане на българско гражданско управление в Беломорието (1941-1944)
(Introduction of Bulgarian Civil Government in the West Thrace (1941-1944))

  • Author(s):Emanuil Dimitrov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law
  • Page Range:36-41
  • No. of Pages:6
  • Keywords:Western Thrace; Belomorie; civil government; World War II
  • Summary/Abstract:The problem of civil government in Western Thrace during World War II has not been sufficiently studied in Bulgarian legal scholarship. Especially in Greek historiography, the opinion is held that Bulgaria "occupied" Belomorie, but the policy of the Bulgarian government in the region was quite different. Without claiming to be exhaustive, this article aims to shed light on the problem by looking at the structure of the Bulgarian administration and the bodies of leadership and administration in the civil sector, because the main feature of the Bulgarian governmental policy in the area in Spring-Summer of 1941 was the pacification of the annexed territories. During this period, there were extraordinarily many changes in the social life of the region.
Правното образование в древния Рим

Правното образование в древния Рим
(Legal Education in the Ancient Rome)

  • Author(s):Malina Novkirishka- Stoyanova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Roman law
  • Page Range:42-58
  • No. of Pages:17
  • Keywords:Ancient Rome; legal education; jurisprudentes; Justinian; law schools
  • Summary/Abstract:The study of development of legal education in the Ancient Rome is rarely done on its own, as it is included in the much larger problematic of the history of Roman jurisprudence. However, all of the works that examine Roman law as the creation of jurists, its philosophy and development, note the enormous importance of the education and training of jurists for the development of law itself as a science as well as for practice. In both cases, the question of continuity and the transmission of knowledge from the iuris prudentes (those who know the law) to their successors and audiences - future jurists - arises. Law professors would all be pleased if their students also have passion and affection to legal knowledge and high sense of responsibility for the profession.
За ресцисия на съдебни решения в римското право: конститутивен ефект или декларативно обявяване на нищожност?

За ресцисия на съдебни решения в римското право: конститутивен ефект или декларативно обявяване на нищожност?
(On the Rescission of Judgments in Roman law: Constitutive Effect or Declaration of Nullity)

  • Author(s):Daniil Tuzov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Roman law
  • Page Range:59-67
  • No. of Pages:9
  • Keywords:rescindere; judgments; Roman law; nullity; iudicatum
  • Summary/Abstract:It is a common idea in Romanist doctrine that the use of the term 'rescindere' in the sources when referring to the effect of challenging judgments can mean – together with the destructive consequences of the judgment on appeal or in full restitution (in integrum restitutio) – also "annulment" of the judgment. The greatest development of this concept is found in the famous work of L. Raggi. However, the sources do not reveal any tendency to use the term 'rescindere' in a sense that is substantially removed from its etymological meaning of a declaratory statement of the nullity of the judgment. The inconsistency of the concept is even more apparent if one takes into account the regular use of the term under analysis in its ordinary meaning – the setting aside of an actual judgment – and also if one extends the analysis beyond the confines of the procedural sphere and takes into account the entire body of Roman sources in which the term 'rescindere' is used.
Clausula rebus sic stantibus и hardship: аспекти на развитието на ролята на съдията

Clausula rebus sic stantibus и hardship: аспекти на развитието на ролята на съдията
(“Clausula rebus sic stantibus” and “Hardship”: Aspects of the Development of the Role of the Judge)

  • Author(s):Pascal Pichonnaz
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Roman law
  • Page Range:68-88
  • No. of Pages:21
  • Keywords:clausula rebus sic stantibus; hardship; court; law; judge
  • Summary/Abstract:The article discusses two doctrines dealing with the meaning of changes in circumstances occurring after the conclusion of the contract, namely clausula rebus sic stantibus and “Hardship”. These two doctrines assign different roles to the court based on the relationship between the court and the law, on the one hand, and the court and the contract, on the other. To explore the context of the problem, I will first examine the origins of the clausula rebus sic stantibus and then compare it to the role of the judge in the so-called "onerousness of the contract" according to recent European projects in contract law. It is reasonable to expect that, despite the changed circumstances, the parties will primarily respect their agreed balance of contractual obligations. Likewise, the court should seek to preserve the original balance and distribution of risk.
Косвени свидетелства за формалните облигации в римското право

Косвени свидетелства за формалните облигации в римското право
(Indirect Evidence of Formal Obligations in Roman law)

  • Author(s):Maria Kostova
  • Language:Bulgarian
  • Subject(s):Language and Literature Studies, Law, Constitution, Jurisprudence, Theoretical Linguistics, Historical Linguistics, Roman law
  • Page Range:89-95
  • No. of Pages:7
  • Keywords:obligations; iuris vinculum; legal; Horace; ancient Rome
  • Summary/Abstract:Roman jurists defined an obligation as iuris vinculum, i.e., a legal relationship or bond between persons governed by legal norms other than those established on the basis of religious, moral, or social patterns of behavior. The Roman poet Horace (65-8 B.C.) frequently used legal terms and situations as artistic embellishments. This preference to combine or dress up the poetic image with a legal idea or concept made his style lively and original, but not only that. He also provides indirect evidence of legal practice in ancient Rome.
Продажбата на заложено имущество за удовлетворяване на кредитора в римското право

Продажбата на заложено имущество за удовлетворяване на кредитора в римското право
(The Sale of Pledged Assets to Satisfy a Creditor in Roman law)

  • Author(s):Krasimir Genov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Roman law
  • Page Range:96-105
  • No. of Pages:10
  • Keywords:pledged assets; debtor; Roman law; creditor; pignus
  • Summary/Abstract:The sale of the pledged assets in the event of default by the debtor within the agreed period was a common means of enforcing the lien in the Post-Classical period. If we look the Roman law of pledge in this context, it cannot fail to strike us that this real contract, as it was created and applied by the ancient Romans, has largely survived the ages and has come down to us in the form familiar to the legislatures applying the continental legal system today. The contract of pledge once again demonstrates the perfection of Roman legal thought in the field of security in rem, the prudence and pragmatism of Roman legislators and their desire to guarantee the claims of creditors as far as possible, thereby creating security for the entire civil turnover and at the same time ensuring that the rights of the economically weaker parties to a pledge relationship were not prejudiced.
Свобода на събранията

Свобода на събранията
(Freedom of Assembly)

  • Author(s):Emilia Drumeva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Constitutional Law
  • Page Range:109-114
  • No. of Pages:6
  • Keywords:freedom of assembly; constitution; law on gatherings; meetings and manifestations; fundamental right; regulation
  • Summary/Abstract:The first Bulgarian constitution - the Tarnovo Constitution (1879), explicitly proclaims as an independent civil right (Article 82) the freedom of people to assemble on any issue, peacefully and without arms. With minor differences, the same content is reproduced in the current Constitution. In Bulgarian constitutionalism, the tradition of regulating the freedom of assembly in a separate provision has been established. In 1990, the Law on Gatherings, Meetings and Manifestations (LGMM) was adopted, which is still in force with amendments, most recently in 2010. It is intrinsic to democratic forms of government that citizens have the right to assemble and to discuss issues of common interest or to express and make known their views together, even if they do not coincide with governmental policy. The freedom to assemble is a classic defensive fundamental right against state interference. In essence, this right-freedom is a manifest form of the generic fundamental right. The right to freedom of peaceful assembly is also recognized by norms of international law, international treaties, and the EU Charter of Fundamental Rights.
Защита на основните трудови права от конституционния съд

Защита на основните трудови права от конституционния съд
(Protection of Fundamental Labor Rights by the Constitutional Court)

  • Author(s):Vassil Mrachkov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Labour and Social Security Law
  • Page Range:115-123
  • No. of Pages:9
  • Keywords:fundamental labour rights; constitutional court; Bulgaria; constitution; legal guarantees; rule of law; social state
  • Summary/Abstract:Fundamental labour rights are regulated in the Constitution of the Republic of Bulgaria of 12 July 1991. Their regulation has been extended and enriched as part of the profound social changes that have taken place in Bulgaria since the end of 1989. Among the most important legal guarantees for the "protection of labour" under Article 16 of the Constitution is also the protection of basic labour rights by the Constitutional Court in its jurisprudence. It derives from Art. 149 para. 1, items 1, 2 and 4 of the Constitution, which define its powers. All provisions of the current labour law are to one degree or another directly or indirectly related to the general principles and fundamental labour rights set out in the Constitution and the Constitutional Court's case law on their application. The constitutional protection of fundamental labour rights has had a positive impact on the development of labour law. It is a guarantee for its observance, strengthening the protection of citizens' labour rights and for the establishment of the rule of law and the social state in Bulgaria.
Относно реда за ревизия на Конституцията от обикновено народно събрание

Относно реда за ревизия на Конституцията от обикновено народно събрание
(On the Revision Procedure of the Constitution by Ordinary National Assembly)

  • Author(s):Hristo Paunov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Constitutional Law
  • Page Range:124-130
  • No. of Pages:7
  • Keywords:constitution; revision; amendments; ordinary national assembly; legal procedure
  • Summary/Abstract:The legal framework of the constitutional revision in Chapter Nine of the Constitution of the Republic of Bulgaria refers to amendments and additions to the Constitution by the ordinary National Assembly. The act of amending or supplementing the Constitution is a law which must be passed by Parliament. In this case, however, the procedure for making constitutional amendments is quite different from the ordinary legislative process. The Constitution itself provides for a more complicated procedure which serves as a guarantee for the proper resolution of this important issue. The differences from the ordinary legislative process concern the subjects who have the right of initiative to introduce a bill to amend or supplement the Constitution, to the terms in which this bill must be considered by Parliament, the majority that must pass the law, the number of votes that must be held, and the promulgation of the law already adopted to amend the Constitution. A brief overview of precisely these differences will be provided in this submission.
Стажът на стажант-юристите като юридически стаж по смисъла на Закона за съдебната власт

Стажът на стажант-юристите като юридически стаж по смисъла на Закона за съдебната власт
(The Internship of Judicial Trainees as a Legal Internship Under the Judiciary System Act)

  • Author(s):Radoslava Yankulova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Constitutional Law
  • Page Range:131-139
  • No. of Pages:9
  • Keywords:judicial trainee; internship; judiciary system act; legislator; regulations
  • Summary/Abstract:The Judiciary System Act (JSA), as an organizational act developing the basic principles of the judiciary laid down in the Constitution (Article 133), contains a regulation of the requirements for the positions of judge, prosecutor and investigator. Article 164 of the JSA also sets requirements for a judicial internship. The analysis of the norms that regulate the content of the judicial internship under the JSA, which was established as an additional and mandatory requirement for holding certain positions such as judge, prosecutor or investigator, leads to the conclusion that the judicial internship fulfils other specific functions and should not be considered as a judicial internship under Article 164 of the JSA. To arrive at the current principle position, the legal framework has undergone a dynamic development. The hesitant and often changing position of the legislator seems to recognise that it needs help in finding an answer to the question whether to recognise the judicial trainee work experience as general legal work experience at all. All of this leads me to believe that the drastic changes in the legal framework are dictated less by considerations of legislative expediency than by considerations of expediency. Such a legislative approach is highly reprehensible.
Съдебната практика като източник на право

Съдебната практика като източник на право
(Judicial Practice as a Source of Law)

  • Author(s):Kino Lazarov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Court case, Administrative Law
  • Page Range:143-144
  • No. of Pages:2
  • Keywords:source of law; judicial practice; legal system; court; legal norm; precedent
  • Summary/Abstract:Judicial practice is a source of law in every legal system, whether it is acknowledged or denied. Laws, and even their complementary regulations, can never anticipate everything, can never grasp life in its fullness and dynamic diversity. On the other hand, the court cannot refuse to decide a case on the pretext that there is no legal norm on the basis of which a legal dispute can be decided. Thus, the court must make its decision. If there is a similar case, it will use the analogia and thus fill the resulting gap. However, there are also cases when there is no such legal norm. Then the court must inevitably create the missing rule, i.e. to establish a precedent which, if adopted by the other courts, will become the beginning and constituent part of a permanent, consolidated, lasting judicial practice - a real source of law.
Нов поглед върху оперативната самостоятелност в административната дейност

Нов поглед върху оперативната самостоятелност в административната дейност
(A New View on Administrative Discretion in Administrative Activity)

  • Author(s):Emilia Kandeva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Administrative Law
  • Page Range:145-161
  • No. of Pages:17
  • Keywords:public administration; administrative discretion; legal regulation; administrative decisions; law; normative
  • Summary/Abstract:The increasing complexity of the social environment and the rapidity of change in modern society require the functioning of administrative mechanisms that are able to respond to specific needs and circumstances and to align public policy with them. In this context, it is more than relevant to review and reassess the role of operational autonomy in the decisions and actions of the public administration. In a changing social, economic and political environment, administrative discretion is a powerful tool for striking a reasonable balance between too much and too little normative regulation of administrative activity by law, a reasonable balance between strict legal regulations and administrative decisions.
Елементи на механизма за управление на публичните финанси

Елементи на механизма за управление на публичните финанси
(Components of the Public Finance Management Mechanism)

  • Author(s):Ivan Stoyanov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Administrative Law
  • Page Range:162-165
  • No. of Pages:4
  • Keywords:public finance; management mechanism; legal mechanism; legal theory; public relations
  • Summary/Abstract:The public finance management mechanism is a legal mechanism. As Prof. М. Kostov rightly notes, financial relations cannot exist outside and independently of the state and legal regulation. These public relations (budgetary and tax relations) cannot exist in any other way and in any other form than as legal relations. Well developed theory and modern financial legislation are necessary conditions for good financial management. In legal theory, it is accepted without question that the basic components of the legal regulation mechanism are laws, legal facts and legal relations. In administrative and financial law doctrine, it is accepted that control is a necessary element and extension of state governance. In this sense, financial control is a necessary component of the public finance management mechanism.
Предизвикателства пред правната ни система

Предизвикателства пред правната ни система
(Challenges Facing Our Legal System)

  • Author(s):Darina Zinovieva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Administrative Law
  • Page Range:166-174
  • No. of Pages:9
  • Keywords:legal system; stability; dynamic; relations; rights; law
  • Summary/Abstract:The questions of the stability and dynamics of the legal system are both traditional and at the same time topical issues in law. This is because stability is achieved by adapting the legal system in relation to the reality. Thus, stability and dynamics are seemingly contradictory concepts, but in the legal system they are interrelated. The two concepts are also related to the rights of individuals on the one hand, and to law, on the other. In this article, selected issues reflecting the problem of the balance of rights in the current legal system are presented for discussion. For this purpose, practical hypotheses illustrating the issues arising from the current legislation in our country are presented. Arguments and counter-arguments are given in order to provoke a scientific-practical discussion. Since the topics are both traditional-fundamental and current at the moment, due to their concrete manifestation, their solution should not be expected in this study. But the academic discussion already opened here is also to some extent a response to the challenges facing our legal system.
Екологоправна защита на черноморското крайбрежие

Екологоправна защита на черноморското крайбрежие
(Environmental and Legal Protection of the Black Sea Coastal Zone)

  • Author(s):Georgi Penchev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Administrative Law
  • Page Range:175-186
  • No. of Pages:12
  • Keywords:environmental and legal protection; Black Sea; coastal zone; Republic Bulgaria; regulation
  • Summary/Abstract:The legal issues related to the protection of the Black Sea coastal zone of the Republic of Bulgaria are particularly relevant in relation to the development of tourism, maritime transport and various types of nature use in this region. There are currently few publications in our legal literature devoted to the environmental and legal protection of our Black Sea coastal zone. A number of factors of a natural and mainly anthropogenic nature have a significant negative impact on the state of the environment in the Black Sea coast region. In this connection, the problem of protecting the beach, which, on the one hand, is an essential part of the Black Sea coast and, on the other, is a vulnerable natural resource whose degradation threatens the development of tourism in this part of our country, is becoming more and more relevant.
Централните органи на държавно управление извън системата на изпълнителната власт

Централните органи на държавно управление извън системата на изпълнителната власт
(Central Public Bodies outside the Executive Power System)

  • Author(s):Konstantin Pehlivanov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Administrative Law
  • Page Range:187-196
  • No. of Pages:10
  • Keywords:state governance; executive power system; administrative law; regulation
  • Summary/Abstract:The existence of the central bodies of state governance outside the executive power system, their systematic place in state governance and the clarification of their functions is one of the main challenges for contemporary administrative law theory. The review of the regulation of these bodies shows that the National Assembly tends to take more and more functions from the executive power in a narrow sense and entrust them to bodies that it itself constitutes in whole or in part. But, even if the basic intention is that certain departments to enjoy extreme stability and non-executive control, this in practice leads to periodic crises in their functioning when governments and parliamentary majorities change. This article will examine several problematic issues that have arisen in the functioning of such bodies, as well as several interesting decisions of the Constitutional Court and the Supreme Administrative Court in relation to them.
Особеният характер на административния орган като ответник по административни дела

Особеният характер на административния орган като ответник по административни дела
(Specific Nature of the Administrative Authority as a Defendant in Administrative Cases)

  • Author(s):Boyan Todorov Georgiev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Administrative Law
  • Page Range:197-203
  • No. of Pages:7
  • Keywords:administrative authority; defendant; administrative acts; legal proceedings; code of administrative procedure
  • Summary/Abstract:The institute of the defendant in cases for contestation of administrative acts is one of the convincing arguments for the objective nature of the proceedings to contest them. The question whether the administrative authority as a party to the administrative proceedings is a typical defendant, as it is known from civil proceedings, comes to the fore. The administrative authorities, as parties to the legal proceedings, may not enjoy any privilege over the other parties, nor may they perform acts which would prejudice the position of those parties. However, the special position of the administrative authority as a defendant in administrative proceedings can be explained by the specific role of administrative justice called to protect the public interest from legitimate government, which distinguishes it and from civil procedure.
Освобождаване от наказателна отговорност с налагане на административно наказание по реда на чл. 78А от Наказателния кодекс

Освобождаване от наказателна отговорност с налагане на административно наказание по реда на чл. 78А от Наказателния кодекс
(Release from Penal Responsibility with Imposing of an Administrative Punishment under Article 78A of the Criminal Code)

  • Author(s):Petko Minev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Administrative Law
  • Page Range:204-216
  • No. of Pages:13
  • Keywords:criminal code; penal responsibility; administrative punishment; imposition
  • Summary/Abstract:Idea of this study is that the institutions under Article 78a and Article 218b of the Criminal Code should expand their scope. There are many crimes that have a low degree of public danger, for which it is not justified to conduct criminal proceedings, and the records could be sent to the authority for imposing an administrative punishment. Similarly to Article 61 of the Criminal Code concerning juvenile offenders, the prosecutor or the court should have the power to discontinue the proceedings also against adult offenders, if a low social danger of the specific act is established, and to transmit the case materials to the police authorities (in this case – the administrative authority) for the imposition of an administrative punishment – a fine or deprivation of rights. The simplified form of administrative punishment is appropriate for the application in cases of minor offences and relieves the criminal justice system of a significant burden.
Особености на административно-наказателните производства

Особености на административно-наказателните производства
(Characteristics of Administrative Penal Proceedings)

  • Author(s):Teodora Georgieva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Administrative Law
  • Page Range:217-226
  • No. of Pages:10
  • Keywords:administrative penal proceedings; authority; administrative violations and sanctions act; statement of establishment of the administrative violation
  • Summary/Abstract:Administrative penal proceedings should be understood on the one hand as proceedings for the establishment of an administrative violation and sanction and, on the other hand, administrative penal proceedings before a court. Administrative penal proceedings shall be initiated ex officio by persons who are hierarchically dependent on the administrative sanctioning authority and who exercise a function of control of a legally defined activity by virtue of the law or by authority of a superior. The procedure for drawing up a statement of establishment of the administrative violation and the persons who may draw up such statement are regulated by the Administrative Violations and Sanctions Act. In the long term, it would be necessary to distinguish legislatively the administrative violations that are ascertained and sanctioned by the authorities of the Ministry of Internal Affairs from the "pure" administrative violations that are ascertained by an administrative act and appealed to an administrative court.
Административноправна природа на актове за спортни федерации

Административноправна природа на актове за спортни федерации
(Administrative-Law Nature of Acts of Sports Federations)

  • Author(s):Boris Kolev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Administrative Law
  • Page Range:227-234
  • No. of Pages:8
  • Keywords:sports federations; administrative nature; individual administrative acts (IAA); case-law
  • Summary/Abstract:The case law on the administrative nature of decisions of sports federations is contradictory. In certain cases the courts confirm this character, in others they deny it and terminate the proceedings already initiated on this ground. It should be noted that the decisions of sports federations, by which the latter carry out sports justice and sports arbitration, are categorically not recognised as Individual Administrative Acts (IAA), according to a number of recent decisions of the administrative courts. On the other hand, new case-law has recognised IAA by which sports federations exercise the power to sanction athletes and officials who have admitted the use of doping substances and the power to grant, suspend and revoke athletes' competition rights. Some court decisions are examined, like the Supreme Administrative Court decisions of 24.07.2000, concluding that a decision of a sports federation is an IAA.
Някои проблеми при оспорване на нормативни административни актове

Някои проблеми при оспорване на нормативни административни актове
(Some Problems On Contesting Statutory Administrative Acts)

  • Author(s):Georgi Nedev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Administrative Law
  • Page Range:235-240
  • No. of Pages:6
  • Keywords:code of administrative procedure; statutory administrative acts; legislature; constitutional court
  • Summary/Abstract:Rapidly evolving and changing social relations make impossible for the legislature to cover all rules of conduct in detail. Hence the need and the natural assignment of rule-making functions to administrative authorities concerning prescriptions for conduct, by specifying, developing and interpreting legal norms. The consequence of this activity of administration is the issuance of the relevant statutory administrative acts. With the Code of Administrative Procedure (CAP), the legislator for the first time provides a legal definition of the term 'statutory administrative act'. The right to contest is a possibility recognised and guaranteed by law for its holder to request and in the obligation of the court to initiate, to move ex officio and to conclude with a decision, according to the actual legal situation, the dispute on the existence of the legal consequences of the contested administrative act and/or the right to their annulment.
Административният акт на министъра на труда и социалната политика по чл. 51Б, ал. 4 от Кодекса на труда

Административният акт на министъра на труда и социалната политика по чл. 51Б, ал. 4 от Кодекса на труда
(The Administrative Act of the Minister of Labour and Social Policy under Article 51B (4) of the Labour Code)

  • Author(s):Vasil Petrov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Administrative Law, Labour and Social Security Law
  • Page Range:241-258
  • No. of Pages:18
  • Keywords:labour code; administrative act; authority; supreme administrative court; minister of of labour and social policy
  • Summary/Abstract:This report focuses on the authority of the Minister of Labour and Social Policy to extend the effect of a collective labor agreement at the sectoral or branch level, regulated in Article 51B(4) of the Labour Code (LC), and the Act, issued in the exercise of that power. The legality (or rather the illegality) of one of these extensions has already been adjudicated by the Supreme Administrative Court (SAC), which in itself is sufficient as a justification for the consideration of the institute. The report is also addresses some of the questions raised by the existence of the institute of the extension of a collective agreement by an act of public authority.
Правото на достъп до медицинска помощ

Правото на достъп до медицинска помощ
(Right of Access to Medical Care)

  • Author(s):Maria Radeva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Administrative Law
  • Page Range:259-266
  • No. of Pages:8
  • Keywords:health care; legal regulation; medical institutions; constitutional aspect; administrative aspect
  • Summary/Abstract:A major problem of global health is the conflict between limited resources and ever-increasing costs. Access to medical care is practically limited by the budgetary framework of the state budget and the National Health Insurance Fund budget. Legislation defines patients' rights and the obligations of medical institutions to provide medical care. There is no explicit legal regulation, with the exception of the schematically regulated waiting list for hospitalisation, on the behaviour in case of need for medical care in conditions of missing or exhausted budget funding. The relationship between a patient and a medical institution should be regulated in accordance with the current legal framework in the health sector.
Опазване на горски територии

Опазване на горски територии
(Preservation of forest areas)

  • Author(s):Ventsislav Stoyanov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:269-278
  • No. of Pages:10
  • Keywords:forest; protection; control; sanctions
  • Summary/Abstract:The matter devoted to the protection of forests is regulated in chapter thirteen of the Forests Act. It should be noted that the repealed Forests Act also devoted quite a few norms to this very important issue – it was regulated in chapter five, in four separate sections. The new regulation is in two sections - general provisions and control. The article examines the new provisions in the Forests Act regarding sanctions and control over the use of forests.
Един нов поглед върху глава VII ЗС, тълкувателно решение № 6/74 г. и правилата на ЗУТ за незаконно строителство

Един нов поглед върху глава VII ЗС, тълкувателно решение № 6/74 г. и правилата на ЗУТ за незаконно строителство
(A new look at chapter vii of the property act, interpretative decision - 6/74. and the rules of тhe spatial development act for illegal construction)

  • Author(s):Lyuba Panayotova-Chalakova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:279-286
  • No. of Pages:8
  • Keywords:Illegal construction; theory; legal practice
  • Summary/Abstract:Some practical hypotheses require a more complete rethinking of statements established in theory and practice, as well as a comparison of legal texts created at different times, which, however, operate at the same time. Such comparison may lead to new legal conclusions or to new questions, why not to future changes in legislation or practice.
Западно- и Средноевропейската епархия на Българската православна църква - Българска патриаршия като юридическо лице по немското право

Западно- и Средноевропейската епархия на Българската православна църква - Българска патриаршия като юридическо лице по немското право
(Western - and central european diocese of the bulgarian orthodox church - the bulgarian patriarchy as a legal entity under german law)

  • Author(s):Mariya Kyoseva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Canon Law / Church Law, Comparative Law, Administrative Law
  • Page Range:287-296
  • No. of Pages:10
  • Keywords:Bulgarian orthodox church; German law; status
  • Summary/Abstract:The Western and Central European Diocese is an administrative-territorial unit - a diocese of the BOC - BP diocese with headquarters in Berlin according to Art. 4, para. 1, item 2 of the Statute of the BOC - BP. It is also a metropolis as a kind of local division of the BOC - BP and in this capacity, like all other metropolises within the borders of Bulgaria, is a legal entity according to Art. 13, para. 1 of the Statute. The research is focused on the question of the status of church communities in dioceses abroad, as well as in the Western and Central European diocese.
Етажна собственост преди въвеждане на сградата в експлоатация

Етажна собственост преди въвеждане на сградата в експлоатация
(Condominium prior to building commissioning)

  • Author(s):Stoyan Stavru
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:297-306
  • No. of Pages:10
  • Keywords:condominium; future building; building commissioning; emergence
  • Summary/Abstract:When transferring the right of construction for specific independent objects in the future building and transferring the ownership of independent objects in a building built up to the stage of "rough construction" but not commissioned, the question arises: when does the condominium arise and can it function before the building is commissioned. The article defends the thesis that the emergence of condominium ownership should be associated with the construction of the building in "rough construction" with the presence of at least four independent objects in it, owned by different owners.
Възникване и развитие на идеята за общ фактически състав на неоснователното забогатяване

Възникване и развитие на идеята за общ фактически състав на неоснователното забогатяване
(The origin and development of the idea for general enrichment claim)

  • Author(s):Krasimir Mitev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law, Roman law
  • Page Range:307-318
  • No. of Pages:12
  • Keywords:unjust enrichment; general enrichment claim
  • Summary/Abstract:The article presents a concise review of the origin and development of ideas which led to the general action in unjust enrichment (actio de in rem verso) - a typical feature of legislations, belonging to the Romanic legal family. Starting from Roman law, via glossators and Natural law school, the author arrives at modern times to discuss the problems related to the general character of the rule.
Съществената грешка, грешката в субстанцията и грешката, релевантна за унищожаемостта на договорите

Съществената грешка, грешката в субстанцията и грешката, релевантна за унищожаемостта на договорите
(Error essentialis, error in substantia and mistake as a defect of consent)

  • Author(s):Angel Shopov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:319-332
  • No. of Pages:14
  • Keywords:mistake; contracting; voidability
  • Summary/Abstract:The author observes different kinds of mistake in contracting - the essential mistake, the mistake in substance and the same defect of consent. The article draws attention to different notions of first two mistakes and to their impact on the notion of mistake as a ground for contracts’ avoidance.
Облигаторното действие на договора и противопоставимостта му на трети лица

Облигаторното действие на договора и противопоставимостта му на трети лица
(The binding effect of the contract and its opposability to third parties)

  • Author(s):Tanya Yosifova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:333-340
  • No. of Pages:8
  • Keywords:contract; binding effect; third parties
  • Summary/Abstract:Very often in modern legal reality, third parties are directly or indirectly affected by the binding effect of the contract. For example, in the case of assignment of a claim, transfer of a commercial enterprise, subrogation, cancellation claim, claim under Art. 134 of Obligations and Contracts Act, direct claim of the lessor against the subtenant, etc. The hypotheses are many and diverse. They affect third parties differently with different types of legal consequences in relation to them. The questions arise: can the contract create rights and obligations for third parties, and what are the relationships of the third parties to the parties to the contract. The starting point from which the analysis of the individual hypotheses should begin is the internal effect of the contract.
Явните недостатъци на вещта

Явните недостатъци на вещта
(The obvious defects of object)

  • Author(s):Ivan Georgiev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Court case
  • Page Range:341-351
  • No. of Pages:11
  • Keywords:sale; property; object; defect
  • Summary/Abstract:A review of court and arbitral practice shows that the problems of manifest defects are not fully resolved, and that there are quite contradictory opinions. The following lines will be dedicated to the clarification of the most controversial questions in the practice. The advantages of performing the inspection of the object, the moment of the inspection, the removal of the defect and others are considered. It was concluded that there are still unclarified points regarding the item's defects.
Преосмисляне на понятието за търговска сделка

Преосмисляне на понятието за търговска сделка
(Reconsidering the concept of commercial transaction)

  • Author(s):Polya Goleva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:352-361
  • No. of Pages:10
  • Keywords:commercial transaction; concept; reconsidering
  • Summary/Abstract:The definition of a commercial transaction in Art. 286 of the Commercial Act is outdated and should be legislatively corrected to respond to the new changes in economic conditions that have been established in Bulgaria in the last 15 years and which have found their normative confirmation.
Понятие за кредитори в производството по несъстоятелност

Понятие за кредитори в производството по несъстоятелност
(Concept of creditors in insolvency proceedings)

  • Author(s):Grigor Naydenov Grigorov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:362-374
  • No. of Pages:13
  • Keywords:insolvency; creditors; persons
  • Summary/Abstract:Insolvency proceedings, as universal enforcement proceedings against an insolvent or over-indebted debtor-trader, aim to ensure fair satisfaction of the debtor's creditors (Art. 607, Para. 1 Trade Law). These are insolvency creditors. This necessitates clarifying the concept of insolvency's creditors and distinguishing them from persons who, although creditors of the debtor, are not insolvency's creditors. The article clarifies the circle of persons who are creditors of the insolvensy and the corresponding consequences for them and the insolvensy proceedings.
Допустим ли е иск за вреди, причинени на акционер, от действия на управителния орган на акционерното дружество?

Допустим ли е иск за вреди, причинени на акционер, от действия на управителния орган на акционерното дружество?
(Is a claim for damages caused to a shareholder by the actions of the management body of the joint stock company allowed?)

  • Author(s):Ivaylo Kostov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
  • Page Range:375-379
  • No. of Pages:5
  • Keywords:damages; shareholder; action; management body
  • Summary/Abstract:The article is an attempt to raise a discussion. The Supreme Court of Cassation rulled that the shareholder's claim for damages which are caused to him by actions of the governing body is excluded. In such case, the possibility of a legislative change should be discussed, which would explicitly provide for a separate claim by the shareholder against the members of the governing body, when he, in his personal capacity, suffered damages from their actions. To avoid establishing a conflicting In practice, it seems to me that an amendment to the Trade Act in this direction is necessary.
Правни аспекти на колективната електронна търговия

Правни аспекти на колективната електронна търговия
(Legal aspects of collective electronic commerce)

  • Author(s):Andrean Slavchev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:380-391
  • No. of Pages:12
  • Keywords:collective; electronic; commerce
  • Summary/Abstract:An article draws attention to the widespread practice that has acquired the designation collective electronic commerce. The issues of its origin, nature and some of the problems that arise are considered. Attention has been paid to the control over the activity of traders, as well as to the future challenges for consumers.
Имуществени отношения между съдружниците в гражданско дружество

Имуществени отношения между съдружниците в гражданско дружество
(Property relations between partners in a civil partnership)

  • Author(s):Evgeni Hristov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:392-397
  • No. of Pages:6
  • Keywords:property; relations; civil partnership
  • Summary/Abstract:Тhe article examines the property relations between the partners in the civil partnership under Bulgarian legislation. As a means of carrying out joint economic activity, the civil partnership is a source of numerous property relations both between the partners themselves and between them and third parties. Their origin, development and termination is directly related to the common economic goal pursued by the partners. With its implementation, as well as in cases of termination of the partnership contract on the grounds provided for in the law, there is a need to liquidate the property community that has arisen between the partners and settle the existing property relations between them.
Уредба на брачния договор в българската и други правни системи

Уредба на брачния договор в българската и други правни системи
(Regulation of marital contract under bulgarian and another legal systems)

  • Author(s):Dimitar Topuzov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Comparative Law
  • Page Range:398-411
  • No. of Pages:14
  • Keywords:marital contract; spouses; marriage; property; contractual freedom
  • Summary/Abstract:This article aims to present the Bulgarian regulation of marital contract in comparison with its regulation under some foreign national legal systems. After brief historical notes, the presentation focuses on the regulation of the marital contract under the Family Code of 2009. The issues of parties, content, form, registration, termination and invalidity of the contract are consistently examined. The general conclusion is that Bulgarian regulation of the marital contract is generally in harmony with that of the most European countries. Concerns are expressed that the undetailed regulation of the institution and excessive liberalism may turn marital contract from a means of achieving clarity and greater justice in conjugal relations into an instrument for abuse of rights.
Свидетелските показания и тяхната доказателствена стойност

Свидетелските показания и тяхната доказателствена стойност
(The testimony and their probative value)

  • Author(s):Galina Arnaudova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:412-424
  • No. of Pages:13
  • Keywords:testimony; civil procedure; witness; hearing
  • Summary/Abstract:Perceiving, remembering and reproducing certain facts from reality is a complex psychological and informational process. With it, the reflection is always in the foreground, i.e. the image built in the subject of observation about the perceived fact or phenomenon under the influence of the mechanism of self-knowledge and the thinking process of the subject, while the reflected object, i.e. the fact or phenomenon itself is present rather as a consequence. In the article, the problems of the value of what is recreated by witnesses in the civil trial are discussed.
Легитимирани лица в производството по отмяна на влязло в сила съдебно решение по чл. 303 от Гражданския процесуален кодекс при другарство в процеса

Легитимирани лица в производството по отмяна на влязло в сила съдебно решение по чл. 303 от Гражданския процесуален кодекс при другарство в процеса
(Legitimated persons in the proceeding for the revocation of a court decision under art. 303 of the civil procedure code in joint participation in the process)

  • Author(s):Georgi Ganchev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
  • Page Range:425-435
  • No. of Pages:11
  • Keywords:revocation; court decision; civil procedure;joint participation
  • Summary/Abstract:Тhe article examines the problems posed by companionship in the proceedings for annulment of an effective court decision. De lege ferenda proposals are made to improve the quality of our national legislation.
Правен интерес при завеждане на арбитражен иск от страна на множество изпълнители по договор под общите условия на FIDIC

Правен интерес при завеждане на арбитражен иск от страна на множество изпълнители по договор под общите условия на FIDIC
(Legal interest in filing an arbitration claim by multiple contractors under the f i d i c terms)

  • Author(s):Petar Bonchovski
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:436-442
  • No. of Pages:7
  • Keywords:legal interest; arbitration; claim; FIDIC
  • Summary/Abstract:In this article, the question of the interest of the filing of a claim by one of several joint and several contractors under a contract subject to the general terms and conditions of FIDIC against the contractor under the contract, for the payment of a separate own share, is considered in the context of the practice of the arbitration courts. In this connection, the concept of "interest granted by law" is derived from the filing of a claim, which interest is examined only when the party asserts a right that is not fundamentally available according to the substantive law, i.e. the existence of the claim does not depend on the specific validity and provenance of the claims, but only on an assessment of the material provisions.
Нетипичните форми на трудова заетост се нуждаят от правна уредба

Нетипичните форми на трудова заетост се нуждаят от правна уредба
(Atypical forms of employment need regulation)

  • Author(s):Krassimira Sredkova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Labour and Social Security Law
  • Page Range:446-452
  • No. of Pages:7
  • Keywords:employment; work; homework; telework; labour code
  • Summary/Abstract:The study is dedicated to the need for regulation of atypical forms of employment that are entering the Bulgarian practice. The article examines in details the individual forms of this kind of employment. Their common features are outlined. A proposal has been made that the mentioned in the article, as well as other forms of untypical employment, to receive legal regulation in the relevant groups of normative acts - normative acts on the promotion of employment and the Labour Code.
Права на осигурените лица в допълнителното доброволно пенсионно осигуряване

Права на осигурените лица в допълнителното доброволно пенсионно осигуряване
(Rights of socially secured persons in additional voluntary pension security)

  • Author(s):Ilian Shotlekov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Labour and Social Security Law
  • Page Range:453-461
  • No. of Pages:9
  • Keywords:additional voluntary pension security; secured persons; security rights; covered social risk
  • Summary/Abstract:The development of the additional voluntary pension security in the Republic of Bulgaria is the reason why hundreds of thousands of people are included in it. The article makes a detailed analysis of the rights of the secured persons in the additional voluntary pension security. The author divides these rights into two groups according to the moment of their implementation under the security legal relationship - rights that may be exercised before the realization of the covered social risk and those when the covered social risk is realized. Proposals have been made for changes in the legal regulatory, with the aim of stimulating the individuals to make additional security.
Националното споразумение за организацията и прилагането на дистанционна работа в Република България - прецедент в българското колективно преговаряне

Националното споразумение за организацията и прилагането на дистанционна работа в Република България - прецедент в българското колективно преговаряне
(The national agreement on the organization and implementation of telework in the republic of bulgaria – a precedent in bulgarian collective bargaining)

  • Author(s):Yaroslava Genova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Labour and Social Security Law
  • Page Range:462-468
  • No. of Pages:7
  • Keywords:labour law; social dialogue; telework; collective bargaining
  • Summary/Abstract:The subject of the article is the European impact on the collective labour law in the Republic of Bulgaria, through the Framework Agreement on Telework, signed on July 16, 2002. The author analyses in detail the mechanism by which the measures in the European Framework are implemented in our country, making a comparison with the mechanism by which they are implemented in other EU member states, according to the Report on the measures through which the agreement was implemented in the various European countries, adopted by the European Social Dialogue Committee on June 28, 2006.
Трудовоправни проблеми при аутсорсинг на дейност от работодателя

Трудовоправни проблеми при аутсорсинг на дейност от работодателя
(Labor issues in outsourcing of activity by the employer)

  • Author(s):Teodora Filipova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Labour and Social Security Law
  • Page Range:469-476
  • No. of Pages:8
  • Keywords:outsourcing; labour law; court practice; the labour code
  • Summary/Abstract:The article examines the concept of outsourcing and the labour law problems that arise in its forms. The individual rights of workers and employees in this specific type of activity have been examined. The norms of the Labour Code and the case law in the Republic of Bulgaria and the Court of the European Union have been studied.
Физиологичен афект

Физиологичен афект
(Physiological affect)

  • Author(s):Denitsa Gancheva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law
  • Page Range:479-486
  • No. of Pages:8
  • Keywords:criminal law; crime; affect; physiological affect
  • Summary/Abstract:The subject of analysis in the article is the physiological affect as a state due to physical and mental changes in the behaviour of a certain person. All types of crimes where the physiological аffect, such as strong irritation caused by the victim, that is relevant to the legal qualification of the criminal action, have been examined.
Връчване на процесуални документи в чужбина

Връчване на процесуални документи в чужбина
(Service of procedural documents abroad)

  • Author(s):Anton Girginov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law
  • Page Range:487-495
  • No. of Pages:9
  • Keywords:criminal procedure; documents; service; criminal cases; international cooperation
  • Summary/Abstract:The article focuses on the national legal framework regarding the service of documents abroad, which includes international treaties and internal law. The author has analysed the prerequisites and the procedure for acceptance by the Republic of Bulgaria of a foreign order to serve a procedural document, as well as the preparation of a request for service of a document to another country. The execution of a request for service of documents has been reviewed.
Делото "Диало" на международния съд: отложено правосъдие - отказано правосъдие?

Делото "Диало" на международния съд: отложено правосъдие - отказано правосъдие?
(The "diallo" case of the international court: delayed justice – denied justice?)

  • Author(s):Tsvetana Kamenova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, International Law
  • Page Range:499-505
  • No. of Pages:7
  • Keywords:delayed justice; denied justice; UN international court of Justice; human rights
  • Summary/Abstract:The article is focused on the problems that delayed justice creates. The author examines the phenomenon of this problem in the "Diallo" case of the International Court of Justice. The consequences of so-called "delayed justice" and how it affects those whose rights have been violated are analysed.
Отговорност на международните организации по международното право

Отговорност на международните организации по международното право
(Responsibility of international organizations according to international law)

  • Author(s):Emil Konstantinov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, International Law, EU-Legislation
  • Page Range:506-514
  • No. of Pages:9
  • Keywords:international organizations; international law; responsibility; convention
  • Summary/Abstract:The article is dedicated to the peculiarities of international organizations and the responsibility they should bear in their activities. The author analyses the text of 67 draft articles of a future convention, which should codify the responsibility of international organizations.
Новият защитен механизъм на международния пакт за икономически, социални и културни права

Новият защитен механизъм на международния пакт за икономически, социални и културни права
(The new protective mechanism of the international covenant on economic, social and cultural rights)

  • Author(s):Irena Ilieva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, International Law
  • Page Range:515-523
  • No. of Pages:9
  • Keywords:economic rights; social rights; cultural rights; international covenant; optional protocol
  • Summary/Abstract:The article is dedicated to the new international legal mechanism for protection of economic, social and cultural rights and the need for the Republic of Bulgaria to sign and ratify the Additional Protocol to the International Covenant on Economic, Social and Cultural Rights. The history of the creation of the additional protocol and the procedures regulated in it are reviewed.
Договорът за натурализация между България и САЩ от 1924 г.

Договорът за натурализация между България и САЩ от 1924 г.
(The naturalization treaty between Bulgaria and the USA of 1924)

  • Author(s):Veselin Hristov Tsankov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, International Law
  • Page Range:524-532
  • No. of Pages:9
  • Keywords:treaty; naturalization; citizenship; international law
  • Summary/Abstract:The article is dedicated to the Naturalization Treaty between Bulgaria and the USA, ratified in the Republic of Bulgaria by Decree № 1655 of March 30, 1924. The factual situation upon the conclusion of the treaty is examined. The subject and its objectives are analysed.
Стълкновителна уредба на задълженията с международен елемент, произтичащи от действия на нелоялна конкуренция, съгласно регламент 864/2007 на Съвета на ЕС

Стълкновителна уредба на задълженията с международен елемент, произтичащи от действия на нелоялна конкуренция, съгласно регламент 864/2007 на Съвета на ЕС
(Conflict of laws regulating obligations with an international element arising from acts of unfair competition under eu council regulation № 864/2007)

  • Author(s):Dimitar Dekov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, International Law, EU-Legislation
  • Page Range:533-537
  • No. of Pages:5
  • Keywords:conflict of law rule; unfair competition; regulation; link
  • Summary/Abstract:The article is devoted to the conflict of laws rules in Regulation № 864/2007 of the Council of the EU, regulating obligations with an international element arising from acts of unfair competition. The volume of the conflict of laws norm and the link used in the Regulation have been examined.
Пророгация на международната компетентност на съдилищата по граждански и търговски дела съгласно регламент 44/2001 на Съвета на ЕС

Пророгация на международната компетентност на съдилищата по граждански и търговски дела съгласно регламент 44/2001 на Съвета на ЕС
(Prorogation of international jurisdiction of courts in civil and commercial matters under eu council regulation 44/2001)

  • Author(s):Madlen Kavrakova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, International Law, EU-Legislation
  • Page Range:538-544
  • No. of Pages:7
  • Keywords:prorogation; international private law; agreement; form
  • Summary/Abstract:The article is dedicated to the possibility of prorogation of the jurisdiction of the courts in civil and commercial cases under Regulation № 44/2001 of the Council of the EU. The forms of the prorogation agreement permitted by the Regulation have been examined, as well as the legal effect of the prorogation clause.
Защита на правата на детето според европейското законодателство

Защита на правата на детето според европейското законодателство
(Protection of the rights of the child under european legislation)

  • Author(s):Gergana Gozanska
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law, Court case
  • Page Range:545-554
  • No. of Pages:10
  • Keywords:rights of children; international law; protection; court practice
  • Summary/Abstract:The article is dedicated to the rights of children and the protection given to them by European legislation. The sources of European law that protect the rights of the child have been examined. The practice of the European Court of Human Rights in matters related to the rights of the child has been studied.
Принципи и цели на традиционните мироопазващи операции на ООН

Принципи и цели на традиционните мироопазващи операции на ООН
(Principles and objectives of traditional un peacekeeping operations)

  • Author(s):Nadia Boyadjieva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, International Law
  • Page Range:555-563
  • No. of Pages:9
  • Keywords:peacekeeping; principles; United Nations Organization; international law
  • Summary/Abstract:The article explores the principles and objectives of traditional UN peacekeeping operations. The definition of international peacekeeping operations, according to international law is considered. The principles and goals of traditional peacekeeping are outlined.
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