Развитие на публичното право. Традиции и съвременност : Сборник статии и доклади от международна научна конференция на Юридическия факултет на ПУ „Паисий Хилендарски“, Пловдив, 23 май 2012 г.
Development of Public Law. Traditions and Current Issues : Proceedings from the International Scientific Conference held at the Faculty of Law at Paisii Hilendarski University of Plovdiv, 23 May 2012
Contributor(s): Malina Novkirishka- Stoyanova (Editor), Iliana Stoicheva (Editor)
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Administrative Law, Roman law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: public law; roman law; theory and history of law; comparative law; sociology of law; administrative law; public administration; environmental law; tax law; social security law
Summary/Abstract: This collection follows an International Scientific Conference on the same topic held at the Faculty of Law at Paisii Hilendarski University of Plovdiv. Many colleagues participated in - from Bulgarian law faculties, from the Institute for Legal Studies of Bulgarian Academy of Sciences and from Spanish law faculties, too. Presented papers are included in this collection. Not the least, this collection is dedicated to a colleague who passed away after the conference. It is pro memoria to the brilliant colleague who was one of leading and internationally known scholars of Bulgarian public law - Prof. Emilia Kandeva, PhD.
- Print-ISBN-13: 978-954-423-876-6
- Page Count: 399
- Publication Year: 2013
- Language: Bulgarian
Изследването на римското публично право
Изследването на римското публично право
(A study of the roman public law)
- Author(s):Malina Novkirishka- Stoyanova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Roman law
- Page Range:13-36
- No. of Pages:24
- Keywords:roman public law; study
- Summary/Abstract:Learning problems of Roman public law has been placed for the first time in the presence of Bulgarian academic community. It has ascertained that research and teaching private law tradition is strong, while public law and its development are less examined. In this article chronological plan of Roman public law research during middle Ages and modern times is presented. main authors, their works and scientific research aspects are also examined. The particular importance has the second part of the article dedicated to the modern outlook of Roman public law and the prospects for their development. There are a significant number of works cited, which would be of great benefit to anyone who decides to dedicate his research efforts in this area.
Един пример за принудително отчуждаване от епохата на Римсната република
Един пример за принудително отчуждаване от епохата на Римсната република
(An example for expropriation of property from the epoch of the Roman republic)
- Author(s):José Miguel Piquer Marí, Juan Alfredo Obarrio Moreno
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Roman law
- Page Range:37-60
- No. of Pages:24
- Keywords:expropriation; property; Roman republic
- Summary/Abstract:The topic of this article is related to one of the first reliable data given by Livius (Liv. 40.29.3) for the existence of the compulsory expropriation as an institute known even in the archaic epoch which can be defined as an act of property deprivation against the will of its owner. The article analyses the case with the manuscripts (the so called “Libri”) of the roman rex Numa Pompilius which have been found in 181 B.C. under the Ianiculum hill (sub Ianiculo). The expropriation and destruction of these manuscripts that has been ordered by the praetor is related to a research of the preconditions regulated in the Roman law for such an act of expropriation as well as with the public interest revealed in the case with regard to another private interest in which it enters in to a conflict. This conclusion allows a concentration of the attention on the main elements which allow for the qualification of such acts as expropriation ones and not as purely confiscatory. The ideological, economical and social changes in the domain of compulsory expropriation which form the historical and cultural situation in a certain society have to be taken into account. The acts of the praetor are predetermined by an evaluation of the manuscripts’ content which although created by a Roman rex and containing the historical memory of the Romans have to be destroyed. The reason for that destruction is that the knowledge that they contain may pose a danger to the state religion, the belief in Gods and their religious will. The praetor takes also into account that these books may also diminish the ability of the political organs to take decisions which according to the religion at the beginning of the II century. B.C. are based on the God’s will.
Териториална организация и местна интеграция
Териториална организация и местна интеграция
(Territorial organization and local integration)
- Author(s):Maria Luisa Lopez Huget
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Roman law
- Page Range:61-84
- No. of Pages:24
- Keywords:territorial organization; local integration
- Summary/Abstract:This article is about the problems of the territorial organization in The Roman Empire and the integration of its population. It traces the statute of cives and incolae, as two different categories of roman citizens who have not only different positions in terms of personal law, but different obligations towards the state and the municipes as well. This article also traces the two-sided commitment of persons with particular territorial structures – by origin (origo) and by domicile (domicilium), as well as the access to the local municipal positions, the duties for munera civilia, the submission to local jurisdiction (forum originis or forum domicilii), the observance of the local laws and the possible collision between them and so on. The examples given in the article illustrate the legal situation in which Roman law had to “coexist” and to accept the features of the common customs and laws, which is considered to be one of the possible reasons for the appearance of the so called vulgarized Roman law.
Рим създава Испания. Първата политико-административна организация на римската провинция Испания
Рим създава Испания. Първата политико-административна организация на римската провинция Испания
(Rome establishes Spain. The first politico-administrative organization of the Roman province Spain)
- Author(s):Federico Fernández de Buján
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Roman law
- Page Range:85-99
- No. of Pages:15
- Keywords:Rome; province; politico-administrative; Spain
- Summary/Abstract:This article considers the conquer of the Iberian peninsula by the Romans and the specificity of establishment the politico-legal organization of the provinces in Spain. It also considers the stages in establishment of the provincial and municipal systems, the granting of roman citizenship, the building of cities and roads, as well as the importance of the region for the whole politics and economics of Rome. A number of poetic and literary proofs of modern authors about the attitude concerning the roman influence in Spain and its eternity are also presented.
Финансовата администрация по времето на император Юстиниан
Финансовата администрация по времето на император Юстиниан
(The financial administration during the time of imperator Justinian)
- Author(s):Rosalía Rodríguez López
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Roman law
- Page Range:100-114
- No. of Pages:15
- Keywords:financial; administration; Justinian
- Summary/Abstract:This article considers the main aspects in the organization of the financial administration during the time of Justinian. The information about it is relatively full and makes possible the recovery not only of the structure, but the functioning of the financial administration as well. It views the different categories of officials of the fisc, the publicity of the tax claims and the public expenses, the protection of the taxpayers and so on. The legislation with tax content of Justinian had great practical value for immediate handling with the weaknesses in the administrative organization and aimed the removal of frauds and abuses. In this sense, the instruments, which were started to give publicity to the tax regime and collecting of taxes, to preserve the rights of the fisc, as well as to protect the citizens (favor tributarii), proved to be really admirable. The financial administration is considered to be part of the whole reformative politics of Justinian for institutional renovation (Renovatio imperii) with the cooperation of the intellectual and legal elite and in that way was created a united ideology of authority.
Размисли върху Festus, 508, 18: Quod populo debetur
Размисли върху Festus, 508, 18: Quod populo debetur
(Thoughts about Festus, 508,18: Quod populo debetur)
- Author(s):Manuel Kamacho De Los Rios
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Roman law
- Page Range:115-124
- No. of Pages:10
- Keywords:festus; vectigal; tax debt
- Summary/Abstract:The article is basically focused on investigation of the sources, concerning the content of the term “vectigal”. It has three different definitions with different significance. The first and the most important of them is those of a tax debt or debitum publicum, which is connected with the other common definition of paying of not only taxes, but public rents, charges and other tax burdens as well. These two definitions are prevailing compared to some others, which concern concrete taxes and even the category of indirect or direct taxes, as it is claimed by the official doctrine. The last definition in terms of indirect taxes is very narrow and does not pay attention to some other categories of proceeds in the fisc, it depends most of the prevailing type of taxes in every historical moment. These terminological considerations must be considered in future investigations and reconsideration in the doctrine, respectively in the relevant rubrics in the dictionaries and encyclopedias as well, where vectigalia are regarded as indirect roman taxes and a lot of different and ambiguous interpretations are given.
Влияние на римската публична администрация върху съвременната уредба на строителството и ползването на обществените пътища
Влияние на римската публична администрация върху съвременната уредба на строителството и ползването на обществените пътища
(The influence of Roman public administration on modern framework of building and usage of public roads)
- Author(s):Vanessa Ponte Arrebola
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Roman law
- Page Range:125-140
- No. of Pages:16
- Keywords:influence; roman; building; public roads
- Summary/Abstract:Understanding of the aggregation of institutes, institutions and legal techniques, used in the public administration and modern public law, can be understood in reference to the detailed investigation of historical roots and especially the practices and rules, which come from the Ancient Rome and go through the legal history of Europe. This is particularly clear expressed in tracing of the legal framework of building, repairing and maintaining of the eminent roman roads – one of the unique artifacts of the Antiquity, partly preserved nowadays. They served for solving problems, which were of great importance for the state: protection of the borders, ensuring of the government, public order and normal development of the provinces, but also for exchange of goods, travelling for commercial and other deeds, postal services and so on. Due to them was realized those remarkable exchange of cultural values and legal rules, which completed each other to create in time of the Empire those magnificent monument, called Roman law.In the article are reviewed separate aspects of terminology and classification of the roads, their promulgation as public property (res in uso publico), the assignment of building and its control, which all have a lot of common features with the modern procedures of assignment of public procurement and concessions. The main focus is on the pragmatic approach of the roman jurists in creating of those legislation, differentiation of financing and the ways of realization of building and special attention on the control of the settled actions in the contract, as well as the acceptance, testing and the guarantees for the accomplished building. Rome gives us ideas how to manage rationally and effectively the acts of planning, building and maintaining of roads and how that should be a priority in the state politics.
Ограничения върху правото на собственост за градоустройствени цели
Ограничения върху правото на собственост за градоустройствени цели
(Restrictions on ownership for urbanization purposes)
- Author(s):Carmen Salcedo
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Roman law
- Page Range:141-151
- No. of Pages:11
- Keywords:restrictions; ownership; urbanization
- Summary/Abstract:The article is devoted to some problems of urbanization in ancient Rome which has been defined by Vitruvius Pollion as an activity regulated by the state in order to organize cities and achieve better living conditions, safety, hygiene and aesthetics as well as to establish clear rules for construction, reconstruction and location of private and public buildings. A distinction has been made between the requirements of Public works and the actual construction work in Roman cities. Special attention is paid to the limitations imposed on private property by a public interest - requirements for construction materials, distances between buildings, providing access for people and transport, regulated building height for individual districts, mandatory expenditures for repairs and maintenance of buildings ban for demolition for the purpose of selling construction materials, etc.
Осиновяването в древния Рим и неговото развитие в публичното право
Осиновяването в древния Рим и неговото развитие в публичното право
(Adoptiion in ancient Rome and its development in public law)
- Author(s):Salvador Ruiz Pino
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Roman law
- Page Range:152-168
- No. of Pages:17
- Keywords:adoption; Rome; public law
- Summary/Abstract:In this article are reviewed the public law aspects of roman adrogatio, as a specific kind of adoption of autonomous persons. When pater familias accepts in his family persona sui iuris, i.e. another pater familias, so the last one with all the family members under his power, becomes part of the foreign family. The public law aspect of archaic adoption in Rome is related to the decision of the comicii in the presence of priests – pontiffs. This is related to social, religious, economic and political motives and consequences, because one family disappears from the public area, merging in another family and respectively the home worship and the property merges as well. The adopted one and the persons under his power fell under patria potestas, resp. also under ius vitae nevisque of the adopting person. Being reviewed are possible reasons for the appearance of the institution of adopting and the historical precedents of the ancient Greeks, jews, and in Babylon and Egypt, as well as problems in political adoptions in Rome and their meaning for cursus honorum of those who were adopted. In the end is commented the adoption of Octavian Augustus in the testament of Julius Caesar and the legal consequences of this act.
Делото срещу Присцилиан
Делото срещу Присцилиан
(The case against Priscilianus)
- Author(s):Maria Jose Bravo Bosh
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Roman law
- Page Range:169-185
- No. of Pages:17
- Keywords:case; Priscilianus
- Summary/Abstract:This article considers the trial against Priscilianus from the end of IV century. In the doctrine, doubts have always been aroused, because of the absence of sources proving the righteous led legal procedure and how the trial against the bishop of Avila passed. An object of investigation is the legal character of this case, ended with a death warrant for Priscilianus and some of his followers. At that time an equalized and consistent legislation about prosecution of heresies did not exist. The trial was led in one historical and political moment, marked with a lot of changes. Imperators, in their intention to consolidate the limits of their empire, undertook permanent wars and concluded inconsiderate peace treaties. In that politically ambiguous age, the bishop of Avila is convicted, as it is found out a direct relation between certain of his actions and the crime maleficium, considered to be an extremely dangerous in the context of the Late Roman Empire and the emerging centralization of the Roman Christian church.
Евреите под римско владичество
Евреите под римско владичество
(The jews under Roman governance)
- Author(s):Petia Nedeleva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Roman law
- Page Range:186-208
- No. of Pages:23
- Keywords:jews; Roman governance
- Summary/Abstract:The article considered some aspects of the legal situation of the jews in the Roman Empire. Their hstory no different from the history of other small nations lost their independence. The jews turned to Rome for support and refuge from the Seleucids, but fall into the trap of roman political domination. During the roman governance the periods of mutual tolerance and fierce wars, tax and social pressure and relative prosperity alternate. with inherent Roman interference in the internal affairs of depended peoples, Rome demonstrate tolerance towards religious customs and justice in the jewish community.
Pignoris capio в римското публично право
Pignoris capio в римското публично право
(Pignoris capio in the Roman public law)
- Author(s):Krasimir Genov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Roman law
- Page Range:209-214
- No. of Pages:6
- Keywords:pignoris capio; Roman public law
- Summary/Abstract:The history of pignoris capio is really long. This institution was already known in archaic period in customary law and during the Republic it was used by magistrates with the imperium in case of their orders neglect, insult to their person, non execution of public duties of the lower magistrates, refusal of roman citizens to enlist in the army or if any threat for public interests took place. Initially pignoris capio had extrajudicial nature and resembled arbitrariness and self-help. But with the lapse of time institution of pignoris capio became ordered and got clear juridical borders, so it was used both in private and public law. The institution was used by the roman magistrates along with imposing of fine and it consisted of seizure of pledge as mean of compulsion, which seized property in certain cases could be even destroyed.
За някои законодателни мерки на император Константин I по отношение на представителите на висшите съсловия в Римската империя (СТН 9.1.1)
За някои законодателни мерки на император Константин I по отношение на представителите на висшите съсловия в Римската империя (СТН 9.1.1)
(The legal measures of emperor Constantine I regarding the potentes in the Roman empire (CTH 9.1.1))
- Author(s):Methody Todorov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Roman law
- Page Range:215-222
- No. of Pages:8
- Keywords:measures; Constantine I; potentes; Roman empire
- Summary/Abstract:In the present work there is analyzed the legal measures of emperor Constantine I regarding the potentes and their abuses, ordered by the Constitution, promulgated on 316 or 317 AD (CTh.9.1.1); the changes of criminal jurisdiction and of some penalties are considered. The influence of Christianity over these legal measures is argued in the light of imperial policy of protection of the Church.
Доброволната юрисдикция под светлините на прожекторите
Доброволната юрисдикция под светлините на прожекторите
(Voluntary jurisdiction in the light)
- Author(s):Antonio Fernández De Buján
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
- Page Range:224-243
- No. of Pages:20
- Keywords:voluntary jurisdiction; notary
- Summary/Abstract:Іt is time that voluntary jurisdiction ceases to be an area of experimentation for the legislator. We now have the opportunity to modernize justice in this subject and to do so with the will of assuring its permanence in the future, from a position of consensus and progress and in a decidedly technical sphere of the jurisdictional Order. The article dealt with different aspects of legal reform in Spain related to voluntary jurisdiction and new proposals for distribution a competence between the court and Notary.
Отговорността на служителите от данъчната администрация съгласно испанското законодателство
Отговорността на служителите от данъчната администрация съгласно испанското законодателство
(Responsibility of the officials of the tax administration, regarding the Spanish legislation)
- Author(s):José Antonio Martínez Vela
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
- Page Range:244-255
- No. of Pages:12
- Keywords:officials; responsibility; tax administration
- Summary/Abstract:This article reviews some basic problems, concerning the status of the officials in the tax administration regarding the modern Spanish legislation. Being determined are the functions of the State agency of tax administration (SATA), founded in 1990 by law and started work in January 1st 1992, and the serious and intensive debate about its statute – an executive authority, an autonomous authority or an institutionalized state organization. Its employees has a statute of civil service clerks, because they are authorized with the execution of public functions, such as managing, revision and collecting of taxes. Being analyzed are the competences of SATA to lead an independent and more flexible personnel politics according to its needs and in that case to avoid the intervention of the ministry of Public Administration. The accent in this article is put on the responsibility of the tax officials towards the actions they undertake in service. Being analyzed is the unlawful conduct of the officials, which principally is a reason for three different types of responsibility – civil, criminal and administrative. The attention is concentrated on the civil responsibility of the officials for damages towards individuals or the administration itself while realizing their service.
Съдебен контрол върху градоустройствените административни актове. Премахване на негодни за ползване или застрашаващи сигурността строежи
Съдебен контрол върху градоустройствените административни актове. Премахване на негодни за ползване или застрашаващи сигурността строежи
(Judicial review of the urban-planning administrative acts: demolishing of unsuitable or endangering safety buildings)
- Author(s):Emilia Kandeva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Administrative Law
- Page Range:256-267
- No. of Pages:12
- Keywords:administrative acts; demolishing; buildings
- Summary/Abstract:Land-use and urban building have accompanied the human civilization since its beginning. Spatial planning is increasingly acknowledged as an interactive, interdisciplinary and democratic instrument to promote sustainable and balance urban planning and development. It requires innovative changes in the spatial planning, land-use and territorial development legislation at local, national, and transnational legislation. The modern planning regulations reflect the principle “planning for places and people”, and express the planning concern about the improvement of public health, safety, convenience and welfare of the citizens. Significant achievements of the administrative legislation are the detailed regulations about the control over threatening safety constructions. The article introduces the legal basis and an analysis of the structure, objectives and responsibilities of demolishment of unsuitable or hazardous buildings, including the appeals process before the court. The mayor issue an order to remove the buildings, which due to natural wear or other circumstances have become dangerous to the health and lives of citizens are unfit for use, threatened by self-demolition, create conditions for a fire or harmful in sanitary-hygienic respect and can’t be repaired or strengthened. The order may be appealed before the administrative court in accordance with Art. 215 of the Spatial Planning Law.
Основните права - субективни права в публичното право. Правото на образование
Основните права - субективни права в публичното право. Правото на образование
(Fundamental rights - subjective rights in the public law space. Right to education)
- Author(s):Emilia Drumeva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:268-273
- No. of Pages:6
- Keywords:rights; public law; right to education
- Summary/Abstract:The quality and realization of fundamental rights as subjective rights (resp. as a source of such rights) in the public law space represents one of the two main components in the heart/essence of fundamental rights; the other component is - fundamental rights as objective values, for which achievement the social contract is concluded. Inherent to subjective rights at all is to contain a legal pretention to somebody, in this case – to the state, to do something or not to do. The pretention is guaranteed by the obligation of the state to care for realization of the rights ant protection against violation. with the recognition of the social rights as fundamental rights the constitutional guarantees cover also the social function of the state. Today the question is about the thoroughness in fulfilment of fundamental rights. Further the attention is on one single fundamental right with a complicated legal nature – the right to education (Art 53 CRB).
Правна защита на въздуха от замърсяване в Република България
Правна защита на въздуха от замърсяване в Република България
(Legal protection of the air from pollution in the Republic of Bulgaria)
- Author(s):Georgi Penchev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:274-285
- No. of Pages:12
- Keywords:protection; air pollution; Bulgaria
- Summary/Abstract:This article is dedicated to the legal protection of the air from pollution in Bulgaria. The attention is paid to three groups of problems: a) legal protection of the air from pollution under the Clean Air Act, 1996; b) legal protection of the air from pollution under some other Bulgarian laws; c) liability for air pollution under Bulgarian legislation. Finally, some general conclusions and suggestions de lege ferenda are made.
Универсализъм и универсална юрисдикция
Универсализъм и универсална юрисдикция
(Universalism and universal jurisdiction)
- Author(s):Tsvetana Kamenova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, International Law
- Page Range:286-295
- No. of Pages:10
- Keywords:universalism; universal jurisdiction
- Summary/Abstract:Analyzed is the concept for “universal jurisdiction”, which is used to designate the jurisdiction of the national judicial authorities, concerning the crimes, committed by foreigners, instead of nationals of the state, and also concerning crimes, committed abroad. A general principle, accepted in the international law is that each country has the right to sue and to punish a foreigner for all the violations of the criminal law, done on its territory. The exercising of universal jurisdiction may fill in the jurisdictional gap and in that way to provide responsibility for international crimes. It may also be exercised as it competes with other theories of jurisdiction. In this sense it is important to exist rules about exercising of efforts in the sphere of the jurisdiction of the countries from one side, and of international judicial institutions from another. It is necessary to be made a difference between the expectations of the supporters of the international criminal jurisdiction for expanding of the universal jurisdiction as one of the ways to be stopped impunity and to be increased the responsibility and the status of the international law.
Социология на правото
Социология на правото
(Sociology of law)
- Author(s):Stefka Naumova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Sociology of Law
- Page Range:296-311
- No. of Pages:16
- Keywords:law; sociology
- Summary/Abstract:Sociology of Law is relatively new science. Its origination and differentiation as an autonomous science in the common family of sciences have gone long and complex way. Roots of Sociology of Law have to be looked for still in the noticeable works of the ancient Chinese thinkers (Confucius, Lao-Tzu), in the original views of Socrates, Plato, and Aristotle on justice and its implementation in law, in the brilliant writings of the Roman jurists and historians (Cicero, Seneca, Marcus Aurelius), who still at that time analyze legal reality in the context of the whole political and social structure, seeking philosophical definition for values, moral, justice, and law. Basic role for institutionalizing the sociology of law has had the process of overcoming legal positivism and looking at law in its social context. In the present work, Sociology of Law is defined as a science which studies regular interrogations between legal area of social life and the rest of social areas. It is an organic combination between theory and empiric. The most defining characteristic of the sociology of law is the specific manner in which it approaches law in disciplinary terms. The conclusion outlines the perspectives of Sociology of Law in the new conditions.
Публичноправни въпроси при договора за замяна на недвижими имоти
Публичноправни въпроси при договора за замяна на недвижими имоти
(Public legal issues in the ownership exchange contract)
- Author(s):Lyuba Panayotova-Chalakova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:312-329
- No. of Pages:18
- Keywords:ownership exchange contract; legal issues
- Summary/Abstract:Ownership Exchange Contract is a typical demonstration of this new and different legislation. Frequent change of regulations related to this agreement in the recent years proves that in Bulgaria reasonable fair changes meeting the expectations of society are sought. In principle the exchange contract is a civil law deal but beyond the general settlement of the contract in articles 222 – 223 of the Law on Obligations and Contracts in different legislatives instruments there are several special constituent elements with clearly expressed public element. In the current study issues arising from the ownership exchange contract are grouped as follows: 1/ issues related to passed legislative measures imposing prohibitions and restrictions in exchanges and in this regard brief comment on dispositions for imposing of moratorium by the Parliament; 2/ issues related to interpretation and application resulting in Interpretative rule of the General Assembly of the Civil College of the Supreme Court of Cassation concerning some of the exchanges; 3/ issues related to states aids in ownership exchanges.
Нормотворческите правомощия на изпълнителната власт
Нормотворческите правомощия на изпълнителната власт
(Law-making authority of the executive)
- Author(s):Konstantin Pehlivanov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Court case, Administrative Law
- Page Range:330-342
- No. of Pages:13
- Keywords:law-making; authority; executive power
- Summary/Abstract:The article reviews briefly the specific authority of the executive power to issue normative regulations that supplement the laws and serve their enforcement (bylaws). A brief historical review is made and further the article focus on the present day state of the matter, as it is settled in the Constitution of Republic of Bulgaria 1991 and the Normative Acts Act 1973. The main objective of the article is to point out and eventually clarify some debatable issues around the bylaws issued by the Council of ministers. Further, a separate analysis is dedicated to the curious, now overcome, situation, when issuance of bylaws was entrusted to administrative bodies ranking below minister – heads of agencies. Special attention is paid to the intriguing, sometimes controversial, practice of the Constitutional Court and the Supreme Administrative Court.
За глобите и осигурителните вноски
За глобите и осигурителните вноски
(About fines and social security contributions)
- Author(s):Yaroslava Genova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Labour and Social Security Law
- Page Range:343-352
- No. of Pages:10
- Keywords:fines; social security; contributions
- Summary/Abstract:The article deals with the differences between the fines and the social security contributions which are normally clear in the theory of administrative and social security law and no confusion is possible. But the topic became interesting in the light of the amendment of the Labour code made in the beginning of 2012. It provided a special fine for the worker engaged without the mandatory written contract of labour. The new rule provided also that the amount of the fine paid by the worker would equal the contributions due for his social security coverage for three months and be transferred to the Budget of the State Pension Funds. But no relation with the social security rules were made by the legislator and the real contributions for the whole period of illegal work still stood dues. what were the juridical sense and the practical utility of such a measure and why a fine was provided for the purpose of financing the Social Security? Despite of the fact that the Constitutional Court later declared the amendment anti-constitutional, the discussion about the different nature of fines and social security contributions keeps its importance in order future strange and confounding legal decisions to be avoided.
Спецификата на административно-правния спор - спор само относно законосъобразност
Спецификата на административно-правния спор - спор само относно законосъобразност
(Specificity of the administrative dispute - a dispute only about the legality)
- Author(s):Boyan Todorov Georgiev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Administrative Law
- Page Range:353-357
- No. of Pages:5
- Keywords:administrative dispute; legality
- Summary/Abstract:The specificity of the administrative proceedings as "a dispute concerning the legality only." It is not necessary to be a person who has affected the unlawful act, private substantive law to be able to bring an action against the vicious normative act. This is because the subject of the case is not the protection of private substantive law and objective compliance the law of legal act, which acts on an unlimited number of recipients. Therefore, as an objective justice will be accepted when the dispute over the legality of the act is raised by a public authority against another public authority (for example the cases of art. LSGLAA 45). In proceedings of contestation of the normative administrative acts the sides don’t associate and prove the validity of the facts relevant to the reality which has an attitude to the offence of the law to be settled that the action of the administrative bodies contradict to the law.
Някои въпроси относно изискванията за законосъобразност на актовете за установяване на данъчни задължения
Някои въпроси относно изискванията за законосъобразност на актовете за установяване на данъчни задължения
(Some questions concerning the requirements for the validity of acts of the taxes)
- Author(s):Krasimir Mutafov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Court case
- Page Range:358-370
- No. of Pages:13
- Keywords:taxes; validity; legality; liability
- Summary/Abstract:The report is dedicated to the requirements of conformity with the law of the written statements ascertaining tax liabilities as it makes no pretence to be comprehensive. All the five requirements, known to the legal science, have been considered, as the accent is set on that upon breaking of which of those circumstances would result into nullity in the form of insignificance of the written statements ascertaining tax liabilities. The practices of the Supreme Administrative Court and the Supreme Court of Cassation have been used when considering the issue put.
Задължителното здравно осигуряване в България - от договорното начало до публичното право
Задължителното здравно осигуряване в България - от договорното начало до публичното право
(The compulsory health insurance in Bulgaria - from the contract to public law)
- Author(s):Maria Radeva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Labour and Social Security Law
- Page Range:371-383
- No. of Pages:13
- Keywords:compulsory health insurance; contract; legality
- Summary/Abstract:The health Insurance Act (HIA) (effective 01.01.1999) introduced the compulsory (obligatory) health insurance and regulated the supplementary health insurance in Bulgaria. One of the major principles of compulsory health insurance is the negotiating between the NHIF and the medical care providers. According to the health Insurance Act, the financial relations between NHIF and the medical care providers are negotiated at two levels - national (by signing a National framework contract with the professional organisations of physicians and dentists) and individual (by signing individual contracts). The amendments in the HIA and the jurisprudence manifested the development of obligatory health insurance – from contractual to administrative character. The SAC defined (2003) the National framework contract as a part of insurance legislation. The HIA (amended 2010) determined the National framework contract as a normative administrative act. The contracts according to the HIA are typical administrative contracts despite the lack of legal definition in Bulgarian legislation.