Предизвикателства пред правното регулиране в България : Сборник с доклади от научна конференция проведена на 31 октомври 2023 г. в Голяма и Малка конферентни зали, УНСС, София
Challenges to Legal Regulation in Bulgaria : Collection of Reports from the Scientific Conference Held on October 31, 2023, in the Large and Small Conference Halls, UNWE, Sofia
Contributor(s): Boyka Cherneva (Editor), Pressiyan Markov (Editor), Neli Radeva (Editor), Stefan Radev (Editor)
Subject(s): Politics / Political Sciences, Economy, Law, Constitution, Jurisprudence, Business Economy / Management, Constitutional Law, Civil Law, International Law, Political Theory, Public Law, Politics and law, Law on Economics, EU-Legislation, Commercial Law, Comparative Law, Administrative Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: Conference; Faculty of Law UNWE; legal regulation; History and Theory of Law; Development of the Private Law; International and EU Law; Public and Criminal Law
Summary/Abstract: The collection contains reports presented at scientific conference "Challenges to legal regulation in Bulgaria". The conference was held on October 31, 2023 in the conference halls of the university in parallel modules. Scientists, practitioners, doctoral students and students participated, a total of over 60 people in five scientific fields: Challenges to international law and EU law in Bulgaria; Challenges to private law regulation in Bulgaria; Historical and economic aspects of state regulation in Bulgaria; Challenges to public law regulation in Bulgaria; Challenges to criminal law regulation in Bulgaria.
- Print-ISBN-13: 978-619-232-848-1
- Page Count: 552
- Publication Year: 2024
- Language: Bulgarian
Еволюцията на правото в контекста на конституционната промяна
Еволюцията на правото в контекста на конституционната промяна
(The Evolution of Law in the Context of Constitutional Change)
- Author(s):Boyka Cherneva
- Language:Bulgarian
- Subject(s):Economy, Law, Constitution, Jurisprudence, Business Economy / Management, Constitutional Law, Philosophy of Law, Sociology of Law
- Page Range:15-23
- No. of Pages:9
- Keywords:evolution of law; evolutionary legal thinking; constitutional changes
- Summary/Abstract:The report examines the evolution of law as part of institutional change. A legal sociological approach is used, assuming that law is a basic social institution in the structure of the social system. The terms "institutions of law" and "sources of law" define the boundaries of the legal system within which law changes. The distinction between legal change as evolution in law and changes in legislation as a mechanism for effective regulation of public relations is perceived. The publication emphasizes the evolutionary function of the constitution as a source of law. It is argued that the evolution of law takes place at the constitutional level. From a sociological point of view, changes in the constitution are an element of social and institutional change, and from a legal point of view there is evolutionary legal thinking (a balance between legal dogmatics and substantial changes in legal thinking).
Предложенията за промени в конституцията от 2023 г. (от къде тръгнахме и къде ще стигнем)
Предложенията за промени в конституцията от 2023 г. (от къде тръгнахме и къде ще стигнем)
(The 2023 Constitutional Amendment Proposals (Where We Have Started From and Where We Will Get to))
- Author(s):Nikoleta Kuzmanova
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Economy, Law, Constitution, Jurisprudence, Business Economy / Management, Constitutional Law, Political Theory, Governance, Politics and law, Philosophy of Law, Sociology of Law
- Page Range:24-40
- No. of Pages:17
- Keywords:Constitution; National Assembly; ex officio government; prosecutor's office
- Summary/Abstract:The draft amendment to the Constitution of the Republic of Bulgaria from 2023 contains numerous proposals that are within the competence of the Grand National Assembly. This conclusion is based on a comparison of the content of proposed changes with the established practice of the Constitutional Court of the Republic of Bulgaria regarding the "form of government" in the sense of Art. 158, item 3 of the operation of the Constitution. It is indisputable that the discussion needs to be changed in the Basic Law and if it is to be entirely political in nature. But in view of the basic constitutional principles - rule of law, people's sovereignty, separation of powers and independence from the judiciary, proclaimed in the Basic Law, the political decisions of this discussion should undoubtedly be in line with them.
Правни предизвикателства при приемането на промени в конституцията на Република България
Правни предизвикателства при приемането на промени в конституцията на Република България
(Legal Challenges in Adopting Changes to the Constitution of the Republic of Bulgaria)
- Author(s):Hristo Paunov
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Constitutional Law, Political Theory, Public Law, Politics and law, Philosophy of Law, Sociology of Law
- Page Range:41-54
- No. of Pages:14
- Keywords:Constitution of the Republic of Bulgaria; legal regulation; constitutional changes; National Assembly
- Summary/Abstract:It is a fundamental rule in the constitution of a democratic state to contain provisions related to changes to the basic law. Such was the understanding of the creators of the Constitution of the Republic of Bulgaria from 1991, who provided for such a legal regulation. It is contained in Chapter Nine of our basic law, entitled "Amendment and addition to the Constitution. Adoption of a new Constitution" - Art. 153 to Art. 163. Challenges in legal regulation related to changes in the Constitution are outlined according to material criteria and are fastened with special procedural guarantees in our basic law. In the exposition below, attention will be paid to some main points contained in the constitutional legal framework for revision of the Constitution by the National Assembly. The very fact that this activity is different from the usual daily legislative function of the parliament shows that the National Assembly is faced with the challenge of carrying out the changes in the basic law, considering all the features and specifics laid down in the constitutional law.
Принципи на правото на ЕС, приложими при разпореждането с публични средства в държавите членки
Принципи на правото на ЕС, приложими при разпореждането с публични средства в държавите членки
(Principles of EU Law Applicable to the Disposal of Public Funds in the Member States)
- Author(s):Zhivko Draganov
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Politics, Economy, Law, Constitution, Jurisprudence, Business Economy / Management, Public Law, Economic policy, EU-Legislation
- Page Range:57-65
- No. of Pages:9
- Keywords:public procurement; principles of EU law; internal market; principle of equal treatment; principle of mutual recognition; principle of proportionality; principle of transparency
- Summary/Abstract:The report presents the general and special principles of the EU law that should be observed when legislation of public procurement by the EU and by the Member States is passed, and those that are directly related to the implementation of such legislation. Related case law of the CJEU is reviewed. Adherence to the stated principles is important, on one hand, for guaranteeing the public interest in the Union and in the Member States, and on the other hand, for the functioning of the internal market and for the competition between the businesses operating in this market. The main role in the mentioned processes is played by the member states, which are obliged to transpose the legislation of the Union, and to ensure its application and enforcement in public procurement procedures, in compliance with the general and special principles established in the EU law.
Принцип на добро финансово управление
Принцип на добро финансово управление
(Principle of Sound Financial Management)
- Author(s):Ginka Simeonova
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Politics, Economy, Law, Constitution, Jurisprudence, National Economy, Business Economy / Management, Economic policy, EU-Accession / EU-DEvelopment, Public Finances, EU-Legislation
- Page Range:66-78
- No. of Pages:13
- Keywords:principle of sound financial management; principle of economy; efficiency and effectiveness; shared management; public finance
- Summary/Abstract:The article examines the general situation related to the principle of sound financial management with a view to its regulation at the European and national level. Particular attention is paid to the cumulative presence of the three components of the principle, in particular the principle of economy, effectiveness and efficiency. The need for a correct interpretation and specific analysis of the content of these principles in the presence of a legal dispute is presented, so that by means of their lawful application the protection of the financial interests of the European Union can be ensured to the maximum extent.
Изискването за независимост на координаторите на цифрови услуги в контекста на регламент (ЕС) 2022/2065 (акт за цифровите услуги)
Изискването за независимост на координаторите на цифрови услуги в контекста на регламент (ЕС) 2022/2065 (акт за цифровите услуги)
(The Requirement for Independence оf тhe Digital Services Coordinators under Regulation (EU) 2022/2065 (Digital Services Act))
- Author(s):Denitza Toptchiyska
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Politics, Economy, Law, Constitution, Jurisprudence, Business Economy / Management, Economic policy, EU-Accession / EU-DEvelopment, ICT Information and Communications Technologies, EU-Legislation
- Page Range:79-91
- No. of Pages:13
- Keywords:Digital Services Act; Digital Services Coordinator; Independence of the Digital Services Coordinator; Online Intermediary Services; Digital Environment
- Summary/Abstract:In the context of its comprehensive Information Society policy, in 2022, the European Union (EU) adopted Regulation (EU) 2022/2065 on the Single Market for Digital Services (Digital Services Act). The primary goal of the regulation is to provide a modern, integrated European approach to addressing illegal content, disinformation, or other risks to society in the online space. This publication aims to examine the requirements regarding the independence of national coordinators for digital services in the context of their powers outlined in the Digital Services Act and to make proposals regarding upcoming changes in national legislation.
Сервитути за енергийни обекти
Сервитути за енергийни обекти
(Easements for Energy Facilities)
- Author(s):Gergana Boyanova
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Politics, Economy, Law, Constitution, Jurisprudence, National Economy, Business Economy / Management, Energy and Environmental Studies, Economic policy, Environmental and Energy policy, EU-Accession / EU-DEvelopment, EU-Legislation
- Page Range:92-103
- No. of Pages:12
- Keywords:easement; limited real right; energy object; occurrence; exercise
- Summary/Abstract:Easements for energy objects are distinguished by a number of characteristic features according to Bulgarian legislation. A key place among them is their nature as a type of limited property rights, which have undergone a change with the development of social relations in connection with the construction and exploitation of energy objects. As a result, a new category of easement rights has emerged, which theory and practice define as "quasipersonal". They are established for the benefit of certain persons in view of their activities, and not in view of the use of a specific property. The easements that arose during the operation of the repealed laws retain their effect if the energy objects are built in compliance with the relevant rules and norms. The Energy Act provides a special regime for the creation of these easements, as well as some restrictions related to their exercise. An essential feature is that the gratuitous exercise of easements for energy objects is permissible only as an exception, if it concerns real estate - public property.
Корпоративно данъчно (не)облагане в ЕС
Корпоративно данъчно (не)облагане в ЕС
(Corporate (non)Taxation in the EU)
- Author(s):Elina Marinova
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Politics, Economy, Law, Constitution, Jurisprudence, Business Economy / Management, Economic policy, EU-Accession / EU-DEvelopment, Public Finances, Fiscal Politics / Budgeting, EU-Legislation
- Page Range:104-118
- No. of Pages:15
- Keywords:harmful tax competition; aggressive tax planning; tax avoidance; corporate taxation
- Summary/Abstract:The paper outlines the concepts of unfair tax competition and aggressive tax planning, which are fundamental to modern international tax law, and briefly presents the related current legal framework for harmonizing corporate taxation in the European Union.
Правно регулиране на интелектуалната собственост през призмата на принципа на националния режим
Правно регулиране на интелектуалната собственост през призмата на принципа на националния режим
(Legal Regulation of Intellectual Property, through the Lens of the Principle of National Treatment)
- Author(s):Trayan Kosev
- Language:Bulgarian
- Subject(s):Economy, Law, Constitution, Jurisprudence, National Economy, Business Economy / Management, Civil Law, Philosophy of Law, Sociology of Law
- Page Range:119-129
- No. of Pages:11
- Keywords:national treatment; intellectual property
- Summary/Abstract:The report examines the content of the principle of national regime and its different interpretations, in relation to the different approaches of the international treaties that regulate it. The manifestation of the principle in each individual sphere of intellectual property is considered. An analysis is made regarding the role of the principle of national regime in relation to legal regulation in the field of intellectual property at the national level. The various approaches in the conventional international framework regarding the introduction of the principle as a guarantee to overcome the limitations imposed by the territorial nature of the objects of intellectual property are examined.
Правна закрила на общоизвестните търговски марки и марки ползващи се с известност в страна с многомилионно население. Индийска правна система
Правна закрила на общоизвестните търговски марки и марки ползващи се с известност в страна с многомилионно население. Индийска правна система
(Legal Protection of Well-Known Trademarks and Trademarks with Reputation in Country with Large Population. Indian Legal System)
- Author(s):Mihaela Mihailova
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Politics, Economy, Law, Constitution, Jurisprudence, National Economy, Business Economy / Management, Political Theory, Public Law, Economic policy, Politics and law, Philosophy of Law, Sociology of Law
- Page Range:130-140
- No. of Pages:11
- Keywords:well – known trademarks; India; large population
- Summary/Abstract:India is one of the few countries in the world with a definition of "well -known" in its national trademark law. India is also one of the last countries to ratify the WTO Agreement on Trade-Related Aspects of Intellectual Property. What are the legal and economic reasons for India to opt for a legislative approach for prior administrative registration of 'well-known' trademarks, given that the countries of the European Union abandoned this legal institution in their laws a decade ago?
Подобренията в съдебната практика на ВКС: особени хипотези
Подобренията в съдебната практика на ВКС: особени хипотези
(Property Improvement in Supreme Court of Cassation Practice: Special Hypotheses)
- Author(s):Delyan Nedev
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Economy, Law, Constitution, Jurisprudence, National Economy, Business Economy / Management, Criminal Law, Political Theory, Politics and law, Philosophy of Law, Sociology of Law, Court case
- Page Range:141-149
- No. of Pages:9
- Keywords:Property Improvement; Expenditure; Real Property; Mortgage; Tenancy Agreement; Extinctive Prescription
- Summary/Abstract:Some decisions of the Supreme Court of Cassation are examined in this article, related to special hypotheses of property improvement: impensae voluptariae, the improvements made by the owner of mortgaged property, the liability in case of transferring the property or the possession, the extinctive prescription for the claim of the tenant.
Защита на кредиторите на дружеството с променлив капитал
Защита на кредиторите на дружеството с променлив капитал
(Protection of the Creditors of the Company with Variable Capital)
- Author(s):Elislav Atanasov
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Politics, Economy, Law, Constitution, Jurisprudence, Business Economy / Management, Political Theory, Economic policy, Politics and law, Sociology of Law, Commercial Law
- Page Range:150-163
- No. of Pages:14
- Keywords:company with variable capital; piercing the corporate veil
- Summary/Abstract:This paper examines the legal instruments available to creditors for claims against a company with variable capital and more specifically the guarantee function of capital and the possibility of engaging in the personal liability of board members and controlling partners. A conclusion is made about the essence of penetrating liability as a special type of tortious liability, expressly provided for in the law to override the general rule that the company is independently liable for its obligations only with its own property.
За необходимостта от трудово-правна уредба на ваучерната система на заетост, в контекста на принципа за недискриминация
За необходимостта от трудово-правна уредба на ваучерната система на заетост, в контекста на принципа за недискриминация
(The Need for a Labor Law Voucher System in the Context of the Principle of Non-Discrimination)
- Author(s):Paola Klassa
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Politics, Economy, Law, Constitution, Jurisprudence, Business Economy / Management, Economic policy, Welfare systems, Human Resources in Economy, Socio-Economic Research, Labour and Social Security Law
- Page Range:164-178
- No. of Pages:15
- Keywords:voucher work; flexible employment; domestic workers; atypical form of employment
- Summary/Abstract:The report provides an overview of the emergence of voucher systems for employment in Belgium, France and Canton Geneva (Switzerland), the specifics of their application in each of these countries, the problems that this type of employment solves, as well as its weaknesses, its interdependence with the so-called domestic workers. Outlines the place for its‘ regulation according to the Employment Strategy of the Republic of Bulgaria 2021-2030 to other forms of flexibility as a prerequisite for economic growth. Points to its inevitable interconnection as attypical employment also with the principle of non165 discrimination and the need to transpose Directive No 2023/970 of the European Parliament and of the Council of 10 May 2023. to strengthen the application of the principle of equal pay for women and men for equal work or work of equal value, through pay transparency and enforcement mechanisms.
Относно специалната закрила на труда на непълнолетните в областта на платения годишен отпуск
Относно специалната закрила на труда на непълнолетните в областта на платения годишен отпуск
(On The Special Protection of Minor Labour in the Field of the Paid Annual Leave)
- Author(s):Iliyana Sabinova
- Language:Bulgarian
- Subject(s):Economy, Law, Constitution, Jurisprudence, Business Economy / Management, Human Resources in Economy, Labour and Social Security Law
- Page Range:179-186
- No. of Pages:8
- Keywords:protection; labour; minors; annual leave
- Summary/Abstract:In the present research the paid annual leave of the minor worker or employee is considered as a part of the special protection of the adolescent labour. The preconditions of the emergence of the right of paid annual leave, its duration, the different opinions expressed about its type and its use with priority in the summer have been analyzed. In relation to minors, a conclusion has been reached about the necessity of change of the legal requirement for minimum work experience as a condition for the use of paid annual leave.
Правна същност и особености на консорциалните дългове при неправосубектния консорциум
Правна същност и особености на консорциалните дългове при неправосубектния консорциум
(Legal Nature and Characteristics of Consortial Debts and Obligations in the Unincorporated Consortium)
- Author(s):Dimitar Atanasov
- Language:Bulgarian
- Subject(s):Economy, Law, Constitution, Jurisprudence, Financial Markets, Philosophy of Law, Commercial Law
- Page Range:187-203
- No. of Pages:17
- Keywords:unincorporated consortium; joint venture; consortial debts and obligations; consortial liability
- Summary/Abstract:The following paper explores some of the legal aspects of consortial debts and obligations in the unincorporated consortium. The article proposes a definition of the term, outlines the main forms of consortial debt and obligations and examines their defining characteristics. Based on the typical interests and reasonable expectations of consortia creditors and the usual contractual practice a conclusion is made that in absence of agreement with the creditors to the contrary a joint and several obligation arises as a default rule and all consortia members are jointly and severally liable for damages in case of nonperformance that constitutes a breach of contract regardless of their personal fault. The paper furthermore outlines some of the defining characteristics of the consortial duty and standard of care which is reasonably expected from consortial members when fulfilling their obligations. In the concluding remarks the paper proposes a de lege ferenda default rule of joint and several liability of consortial members.
Правно действие на договора за управление в АД във времето
Правно действие на договора за управление в АД във времето
(Legal Effect of Management Contract in the Joint-Stock Company over Time)
- Author(s):Stoil Malinov
- Language:Bulgarian
- Subject(s):Economy, Law, Constitution, Jurisprudence, Business Economy / Management, Commercial Law
- Page Range:204-209
- No. of Pages:6
- Keywords:management contract; joint-stock company; manager; legal effect; over time
- Summary/Abstract:The management contract in a joint-stock company regulates the relationship between the joint-stock company and its managers. It should specify the rights and obligations of both parties in relation to the management and representation of the joint stock company. Given the mandatory nature of this contract for some of the members of the governing bodies, it is necessary to clarify its legal effect over time. The management contract should take effect during the existence of the legal relationship. The relationship between the two legal relationships must be legally established.
Отмяна на арбитражно решение на основание чл. 47, ал. 1, т. 1 от ЗМТА
Отмяна на арбитражно решение на основание чл. 47, ал. 1, т. 1 от ЗМТА
(Setting Aside of Arbitral Award on the Grounds of Art. 47, Par. 1, It. 1 of the International Commercial Arbitration Act)
- Author(s):Svetoslav Pandilov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Sociology of Law, Commercial Law
- Page Range:210-219
- No. of Pages:10
- Keywords:setting aside of arbitral award; incapacity; conclusion of arbitration agreement; invalidity; UNCITRAL Model Law
- Summary/Abstract:The paper is dedicated to the grounds for setting aside of an arbitral award under Art. 47, par. 1, item 1 ZMTA - incapacity of a party to the arbitration agreement at the time of its conclusion. Its field of application has been analyzed, distinguishing it from the invalid arbitration agreements under Art. 47, par. 1, item 2 ZMTA. The cases of conclusion of an arbitration agreement by a person who was not deprived of legal capacity, but could not understand or direct his actions, are examined. The questions which of the parties can refer to the incapacity and whether an objection should be made in this sense before the arbitration in order to be able to subsequently claim the setting aside on the grounds of Art. 47, para. 1, item 1 ZMTA, are also reviewed.
AI и авторските права. Правни алтернативи за регулация на авторските права при хората и машините
AI и авторските права. Правни алтернативи за регулация на авторските права при хората и машините
(AI and Copyright. Legal Alternatives to Copyright Regulation for Humans and Machines)
- Author(s):Gabriela Nikolova
- Language:Bulgarian
- Subject(s):Politics, Social Sciences, Economy, Law, Constitution, Jurisprudence, Business Economy / Management, Sociology, Social Informatics, ICT Information and Communications Technologies, Philosophy of Law, Sociology of Law
- Page Range:220-225
- No. of Pages:6
- Keywords:artificial intelligence; copyrights; strong and generative AI; problems; legal frameworks; legislation; creativity
- Summary/Abstract:The text covers issues related to copyright in the context of artificial intelligence (AI). It emphasizes the need for clear legal frameworks to regulate works created by AI, especially in cases involving Strong and Generative AI. The idea is that such programs generate works that don't entirely match the characteristics of human creators. It discusses questions of authorship and rights, proposing various alternatives to resolve conflicts, including granting rights to the programmer or the program itself. The text expresses the need for swift and appropriate legislation capable of justifying and protecting the rights of all participants in the process of creating works through artificial intelligence.
7 години законово регламентирана оценка на въздействието в България
7 години законово регламентирана оценка на въздействието в България
(7 Years of Legally Regulated Impact Assessment in Bulgaria)
- Author(s):Rumen Brussarski
- Language:Bulgarian
- Subject(s):Social Sciences, Economy, Law, Constitution, Jurisprudence, Sociology, Methodology and research technology, Evaluation research, Socio-Economic Research, Philosophy of Law, Sociology of Law
- Page Range:229-244
- No. of Pages:16
- Keywords:rulemaking; impact assessment
- Summary/Abstract:Impact assessment originated in the USA in the 1970s. Subsequently, almost all countries in the developed world introduced various forms of regulatory impact analysis and assessment. In Bulgaria, impact assessment has been talked about since the beginning of the 21st century. The creation of a legal framework, methodological documentation and administrative capacity begins. Academia and some non-governmental organizations are actively involved in the noble undertaking. Various programs and projects are being implemented. However, during the first 15 years, there were no serious practical results. In 2016, the impact assessment received its (long-awaited) legal regulation. A series of by-laws and methodological documents follows. A certain administrative capacity is being formed. There are decisive steps in the right direction and the results (although still modest) are not long in coming. This scientific report is dedicated to the genesis and development of impact assessment, the current regulation and practical impact assessment in Bulgaria over the last 7 years.
Предизвикателства пред конституционното регулиране на символите на българската държава (в контекста на законопроекта за изменение и допълнение на конституцията от 2023 г.)
Предизвикателства пред конституционното регулиране на символите на българската държава (в контекста на законопроекта за изменение и допълнение на конституцията от 2023 г.)
(Challenges to the Constitutional Regulation of the Symbols of the Bulgarian State (In the Context of the Draft Constitutional Amendment of 2023))
- Author(s):Zornitsa Yordanova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Philosophy of Law, Sociology of Law
- Page Range:245-257
- No. of Pages:13
- Keywords:Constitution; State symbols; national holiday
- Summary/Abstract:This report comments the proposal, included in the Draft Law for the Amendment of the Constitution of the Republic of Bulgaria of 2023, to add the national holiday among the symbols of the State, outlined in Chapter 10 of thе Constitution, and to change its date. A historical and comparative legal analysis is carried out and suggestions de lege ferenda are made regarding the constitutional regulation of national symbols.
Правно-организационна форма на лечебните заведения. Лечебни заведения, като вид – публични предприятия, съгласно действащото законодателство. Правен режим. Органите на управление и контрол
Правно-организационна форма на лечебните заведения. Лечебни заведения, като вид – публични предприятия, съгласно действащото законодателство. Правен режим. Органите на управление и контрол
(Legal and Organizational Form of Medical Institutions. Medical Institutions as a Type – Public Enterprises, according to the Current Legislation. Legal Regime. Management and Control Bodies)
- Author(s):Nina Chilova
- Language:Bulgarian
- Subject(s):Social Sciences, Economy, Law, Constitution, Jurisprudence, Business Economy / Management, Sociology, Health and medicine and law, Commercial Law
- Page Range:258-266
- No. of Pages:9
- Keywords:medical institutions; public enterprises; management bodies; management and control contract
- Summary/Abstract:This report aims to clarify the legal form of medical institutions under the current legislation. With the adoption of the Law on Public Enterprises, a group of state and municipal medical establishments were transformed into public enterprises within the meaning of the Law on Public Enterprises. This legislative change imposed a specific procedure for the election of the management bodies of these public enterprises (sole and collective), new requirements related to the procedure and manner of their election, as well as a number of obligations related to the management of this category of public enterprises.
За наказателноправните аспекти на проблема в тълкувателно решение № 5/2021 г. на общото събрание на гражданските колегии на Върховния касационен съд
За наказателноправните аспекти на проблема в тълкувателно решение № 5/2021 г. на общото събрание на гражданските колегии на Върховния касационен съд
(On the Criminal Law Aspects of the Problem in Interpretative Decision No. 5/2021 of The General Assembly of The Civil Colleges of The Supreme Court of Cassation)
- Author(s):Pressiyan Markov
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Criminal Law, Penal Policy, Philosophy of Law, Sociology of Law, Court case
- Page Range:267-277
- No. of Pages:11
- Keywords:consequences of criminality; dismissal; teacher; pedagogical specialist; interpretative decision
- Summary/Abstract:In Interpretative Decision No 5/2021, the SCC ruled on the labour law issue of the application of the new ground for dismissal of pedagogical specialists, in respect of which a contradictory practice of the SCC itself has accumulated since 2016. Since dismissal ground is conviction for a crime, the problem has significant criminal law aspects that the SCC has not taken into account, which is why the argumentation of the decision and the dissenting opinion suffer from serious imperfections.
Понятията на общата част на наказателното право – основа на сравнителноправните анализи между наказателните законодателства
Понятията на общата част на наказателното право – основа на сравнителноправните анализи между наказателните законодателства
(The Concepts of the General Part of Criminal Law – A Base for Comparative Law Analyses between Criminal Legislations)
- Author(s):Petya Mitreva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Sociology, Evaluation research, Philosophy of Law, Comparative Law
- Page Range:278-284
- No. of Pages:7
- Keywords:concept; comparative legal analysis; general part; special part
- Summary/Abstract:The report examins the comparative criminal law studies on the base of dialectical relationship between the norms of he general part and the norms of special part. The conclusion is that the analysis of Criminal Law concepts of the general part is a necessary basis for comparative law studies between criminal legislations.
Влияние на политическата криза върху конституционното правосъдие в България
Влияние на политическата криза върху конституционното правосъдие в България
(Influence of the Political Crisis on Constitutional Justice in Bulgaria)
- Author(s):Simeon Asenov
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Constitutional Law, Political Theory, Government/Political systems, Politics and law, Court case
- Page Range:285-299
- No. of Pages:15
- Keywords:constitution; constitutional justice; Constitutional Court; political process; political crisis
- Summary/Abstract:The report presents and analyzes the problem of the growing role and importance of constitutional justice in Bulgaria in the conditions of political crisis in recent years. The thesis is advocated that in conditions of political crisis, democratic institutions and parliamentary parties are more often inclined to violate the constitution or to use it excessively as a tool for institutional opposition in the political process. As a result, the Constitutional Court becomes a participant in the resolution of political and institutional disputes and conflicts. Cases from constitutional jurisprudence are analyzed, through which challenges and problems facing constitutional justice are highlighted. A political and legal approach is used in the analysis of the studied process.
Мярата на правото като конкретизация на правния смисъл
Мярата на правото като конкретизация на правния смисъл
(The Measure of Law as a Concretization of Legal Meaning)
- Author(s):Svetla Kaneva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Philosophy of Law
- Page Range:300-311
- No. of Pages:12
- Keywords:legal meaning; legal content; measure of right
- Summary/Abstract:The measure of law is a fundamental concept for the general theory of law and the philosophy of law. It removes and concretizes legal meaning, and directs it towards concreteness and dutifulness.
Обезщетение от осигурителя за първите три дни от временната неработоспособност
Обезщетение от осигурителя за първите три дни от временната неработоспособност
(Compensation from the Insurer for the First Three Days of Temporary Inability to Work)
- Author(s):Rayna Koycheva
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Security and defense, Welfare systems, Philosophy of Law, Labour and Social Security Law
- Page Range:312-316
- No. of Pages:5
- Keywords:Social Security Code; insurer; social security body; compensation; temporary inability to work
- Summary/Abstract:The report analyzes the provision of Art. 40, para. 5 of the Social Security Code, according to which the insurer owes the insured person compensation for the first three days of temporary inability to work instead of the social security body. An attempt has been made to answer some questions that cause difficulties in practice, such as whether insurance contributions are due on this payment and whether persons who do not have the legally required insurance experience are entitled to such payment. The author concludes that the compensation owed by the insurer should be dropped, since apart from the contradictory interpretations and difficulties in practice that the considered provision gives rise to, it is unfair in its essence and contradicts the philosophy of social security law.
По въпроса за разноските при отмяна на нормативен административен акт в хода на съдебното производство
По въпроса за разноските при отмяна на нормативен административен акт в хода на съдебното производство
(On the Question of the Costs of Revocation of a Regulatory Administrative Act in the Course of Judicial Proceedings)
- Author(s):Nadezhda Hristova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Socio-Economic Research, Philosophy of Law, Court case, Administrative Law
- Page Range:317-326
- No. of Pages:10
- Keywords:normative administrative act; cancellation; withdrawal; costs; court; appellant; appeal to court
- Summary/Abstract:The study is devoted to the issue of the applicant's right to costs in the annulment of a normative administrative act contested before the court in the course of the court proceedings. More specifically, the research provides an answer to the question whether the cancellation of a regulatory administrative act can be equated to the withdrawal of an administrative act within the meaning of Art. 156 of the Code of Administrative Procedure and whether normative administrative acts can be withdrawn at all. A critical analysis of the legislation is made and redactions de lege ferenda are proposed. The research presents author's analyzes and conclusions, as well as doctrinal opinions and judicial practice on the issues raised.
Система на държавни органи в конституцията на НРБ от 1947 г. Правноисторически анализ
Система на държавни органи в конституцията на НРБ от 1947 г. Правноисторически анализ
(System of State Bodies in the Constitution of NRB of 1947. Legal-Historical Analysis)
- Author(s):Desislava Stoyankova
- Language:Bulgarian
- Subject(s):Economy, Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Socio-Economic Research, Philosophy of Law, Sociology of Law
- Page Range:327-337
- No. of Pages:11
- Keywords:constitution; state bodies; national assembly; council of ministers; head of state; judiciary
- Summary/Abstract:In the history of the law of the Bulgarian state, with the change of the political situation, the basic law also changes. Every newly adopted constitution is an expression of the basic principles, institutes and state bodies. The Constitution of the People's Republic of Bulgaria of 1947 marks the beginning of a new political model of governance.
Обявлението за доброволна прозрачност и договорът за обществена поръчка
Обявлението за доброволна прозрачност и договорът за обществена поръчка
(The Notice for Voluntary Ex Ante Transparency and the Public Contract Concluded)
- Author(s):Ilonka Goranova
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Law, Corruption - Transparency - Anti-Corruption, Administrative Law
- Page Range:338-350
- No. of Pages:13
- Keywords:public procurement; a notice for voluntary ex ante transparency; individual administrative act; ineffectiveness of a public contract; annulment of a contract
- Summary/Abstract:The current national legal framework allows contracting authorities and contracting entities to publish a notice for voluntary ex ante transparency in cases following outside the scope of the Public Procurement Act. Thus, they express their intention to conclude a contract, describe its subject and indicate the economic operator they have selected. Under the express will of the Bulgarian legislator, the notice for voluntary ex ante transparency is an individual administrative act, the legality of which can be appealed before the Commission on Protection of Competition. The publication of a notice for voluntary ex ante transparency and its entry into force preclude subsequent requests for destruction of the concluded contract.
Сравнение между режимите на търгове и конкурси в наредбите по чл. 8, ал. 2 от закона за общинска собственост в столицата и големите градове
Сравнение между режимите на търгове и конкурси в наредбите по чл. 8, ал. 2 от закона за общинска собственост в столицата и големите градове
(Comparison between Tenders and Competitions Regimes in the Regulations under Art. 8, Para. 2 of Municipal Property Act)
- Author(s):Stefan Radev
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Law, Administrative Law
- Page Range:351-362
- No. of Pages:12
- Keywords:regulation; tender; competition; lease
- Summary/Abstract:The subject of the report is a comparison between tenders and competitions regimes in the regulations under art. 8, para. 2 of municipal property act, issued by the municipal councils of Sofia Municipality, Plovdiv Municipality and Varna Municipality. A number of differences have been brought out in the by-laws regarding the mixed factual composition leading to the emergence of tenancy relationships. Critical comments and suggestions are made that can serve to improve the regulations of other municipalities, especially those with a small administration.
Някои идеи за обединяване на процесуалните фигури на защитника, повереника и особения представител в наказателния процес в един правен институт
Някои идеи за обединяване на процесуалните фигури на защитника, повереника и особения представител в наказателния процес в един правен институт
(Some Ideas for Bringing Together the Procedural Figures of the Defense Counsel, the Trustee and the Special Representative in the Criminal Process in One Legal Institute)
- Author(s):Pavel Smolichki
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Criminal Law, Penal Policy, Sociology of Law
- Page Range:363-369
- No. of Pages:7
- Keywords:criminal trial; defender; attorney-at-law; special representative; legal aid
- Summary/Abstract:In the present study a reasoned conclusion is made that the existence of three separate legal figures to implement the procedural representation of private legal entities or persons in criminal proceedings, namely - a defender, an attorney-at-law and a special representative, is superfluous. All three legal figures serve an identical function in criminal process and their statutory regulation is largely the same. Based on the similarities and differences between the three legal figures, the proposal to unite the defenderр the attorney-at-law and the special representative in one legal concept is justified. In particular, it is proposed that the three legal figures be united in the figure of the attorney-at-law. This new provision will facilitate enforcement as it will greatly simplify the legal framework. At the same time, it will not lead to any negative consequences for the relevant private legal entities or persons participating in the criminal proceedings.
Правна рамка на Европейския съюз за приемане на еврото
Правна рамка на Европейския съюз за приемане на еврото
(Legal Framework of the European Union for the Adoption of the Euro)
- Author(s):Aglika Kaneva
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Politics, Economy, Law, Constitution, Jurisprudence, Business Economy / Management, EU-Accession / EU-DEvelopment, EU-Legislation
- Page Range:370-388
- No. of Pages:19
- Keywords:euro; euro area; legal regulation; normative documents of the European Union
- Summary/Abstract:In the paper, the process of euro adoption has been presented. The normative documents of the European Union have been indicated through which the introduction of the euro is regulated. The main rules of the introduction of the euro have been reviewed.
По някои въпроси при смесените фактически състави на концесионните договори
По някои въпроси при смесените фактически състави на концесионните договори
(On Certain Issues in Mixed Factual Compositions of Concession Contracts)
- Author(s):Katia Vladimirova
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Civil Law, Public Law, Philosophy of Law
- Page Range:389-399
- No. of Pages:11
- Keywords:concessions; disputes; penalty; remuneration
- Summary/Abstract:Concession relations arise and develop as a result of a complex factual composition, which consists of public law and private law elements. The emergence of concession relations is subject to public law. Concession contract execution, non-execution, consequences of such non-execution, penalties, damages, etc. such are subject to private law. The special nature of the concession contract, and more specifically its public law aspect, impose specifics when settling the disputes arising on the occasion of the execution, amendment and termination of these contracts and differences from classic civil and commercial contracts.
За природата на легалните и научните определения на правните понятия
За природата на легалните и научните определения на правните понятия
(On the Nature of the Legal and Scientific Definitions of the Legal Terms)
- Author(s):Viktor Ivanov
- Language:Bulgarian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Sociology, Evaluation research, Philosophy of Law
- Page Range:400-412
- No. of Pages:13
- Keywords:Desacralizing theory; legal definitions; veritable scientific definitions; legal terms
- Summary/Abstract:The legal definitions of the legal terms are product of indepth scientific research, but therewith the legislator pursues not the disclosure of the essence of one or another legal phenomenon hidden from our everyday experience, but the formation of an effective and non401 contradictory normative system as his main goal. Therefore, they do not pursue a real scientific goal - revealing the objective truth about one or another phenomenon - but a legalnormative one. In contrast to the legal definitions, the veritable scientific definitions of the legal terms, which are formed on the plane of every single desacralizing theory of law, pursue a real scientific goal - to expose delusions, the fruit of objective illusions, and to reveal the hidden essence of the legal phenomena! While the legal definitions find their place primarily in a formally non-contradictory normative system, the definitions that do not serve normative needs, but own scientific needs, find their fundamental place in the system of the scientific knowledge. They are aimed at revealing the hidden essences of the phenomena, by overcoming the appearances and revealing the delusions formed by the objective illusions of the everyday consciousness. The real scientific definitions are formed with the methods of the paradoxical logic and reveal the internal contradiction of the legal phenomena.
По някои въпроси за българското обичайно наследствено право
По някои въпроси за българското обичайно наследствено право
(On Some Issues of Bulgarian Customary Inheritance Law)
- Author(s):Neli Radeva
- Language:Bulgarian
- Subject(s):Economy, Law, Constitution, Jurisprudence, Civil Law, Socio-Economic Research, Sociology of Law
- Page Range:413-424
- No. of Pages:12
- Keywords:inheritance; custom; division; testator; heirs
- Summary/Abstract:Bulgarian common lawis an integral part of the history of the Bulgarian state and law. In the Middle Ages, a number of researchers of the problem assumed that inheritance in our country took place in a way that was regulated by the Croatian and Russian sources, namely, by custom, only the sons, not the daughters, of the testator inherited. This was also preserved in the years of Ottoman rule, when only sons and male descendants inherited. In most Bulgarian lands, daughters and female descendants did not inherit. They were entitled to receive clothing and a dowry. After the Inheritance Law of 1890 came into force in Bulgaria, daughters were given the right to inherit the property of their deceased father. Despite the right recognized by law, the people did not approve of this. The usual provisions governing the division of the father's property are also diverse.
Роботът като "помощник" на данъчния адвокат
Роботът като "помощник" на данъчния адвокат
(Robot as Taw Lawyer’s Assistant)
- Author(s):Stoycho Dulevski
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Economy, Public Law, ICT Information and Communications Technologies, Socio-Economic Research
- Page Range:425-430
- No. of Pages:6
- Keywords:robots; tax; tax lawyer
- Summary/Abstract:Robots are often entering our daily lives, including the work flow. They are becoming a valuable and increasingly indispensable assistant. Their use is visible in more complex processes, which raises a number of fundamental questions, also through the prism of tax law. The current paper aims to examine the impact of the robots in the work of the tax lawyer. The author will share some thoughts whether they can "seize" the human functions in the exercise of the activity in question and even to be defined as a 'new form of employees'.
Правото по чл. 5 § 1, б. ,,с“ от Европейската конвенция за защита правата на човека
Правото по чл. 5 § 1, б. ,,с“ от Европейската конвенция за защита правата на човека
(The Right under Art. 5 § 1, B. "C" Of the European Convention for the Protection of Human Rights)
- Author(s):Adelina Hadjiyska
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law, Philosophy of Law, EU-Legislation
- Page Range:431-437
- No. of Pages:7
- Keywords:detention; judicial review; right to liberty and security; ECHR; procedural guarantees; reasonable suspicion
- Summary/Abstract:The report examines the right under Art. 5 § 1, b. "c" of the European Convention for the Protection of Human Rights and the provided procedural guarantees to ensure "timely" and "automatic" judicial control under Art. 5 § 4 ECHR. As a result of the review of key decisions of the ECHR, the grounds for imprisonment under Art. 5 § 1 b "c". Attention has been drawn to the fact that whenever it concerns deprivation of liberty under Art. 5, item 1, b "c", at the national level, the relevant state should have provided for guarantees under Art. 5 § 4 of the Convention. This is so because the main purpose of Art. 5 § 3 of the ECHR is the creation of a balance between the public interest in the prosecution of a crime (even if only in the presence of a reasonable suspicion) and the protection of the personal freedom that every citizen possesses from arbitrary actions of state authorities.
Търсене и извличане на политически ренти при концентрация на икономическа власт
Търсене и извличане на политически ренти при концентрация на икономическа власт
(Political-Rent-Seeking and Rent-Extraction In Terms of Concentration of Economic Power)
- Author(s):Ivan Todorov
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Politics, Economy, Business Economy / Management, Economic policy, Fiscal Politics / Budgeting, Socio-Economic Research
- Page Range:438-447
- No. of Pages:10
- Keywords:Monetary policy rule; Fiscal policy rules; rent-seeking; rent-extraction
- Summary/Abstract:The research analyzes the impact of the normative rules for limiting discretion on the concentration of power and the possible negative side effects. The fiscal policy rules ("Fiscal rules" - object of the PF’s Act) occur an inelastic supply of offers for public goods providing. The monetary policy rule ("Currency Board" - subject to the provisions of the BNB’s Act) allows carrying out monetary policy operations through the Fiscal reserve account. It is used as a strategic complementary tool in risk aversion manner of the authorized body (Ministry of Finance). Combination of aggregate rules and gaps in the regulatory framework at a lower level,including the lack of functioning capital budgeting, the concentration of economic power could materialize in rent-seeking and rent-extraction process.
Правото като гарант за сигурността в обществото
Правото като гарант за сигурността в обществото
(Law as Guarantee for the Security in Society)
- Author(s):Goran Goranov
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Politics, Economy, Law, Constitution, Jurisprudence, Business Economy / Management, Security and defense, Developing nations, Socio-Economic Research, Philosophy of Law, Sociology of Law
- Page Range:448-460
- No. of Pages:13
- Keywords:legal certainty; axiology; society; guarantee for the law
- Summary/Abstract:Among the goals pursued by law are justice, the common good and legal certainty. Legal certainty as a goal of law is also a value of the law itself and is part of its concept. The approach to its definition opens up avenues in different directions to be explored. This report will analyze the various meanings, arising from its main divisions, its main manifestations in the legal system and its main problems.
Общественият контрол като предизвикателство пред публичното право
Общественият контрол като предизвикателство пред публичното право
(The Civil Society Control as a Challenge in Face to Public Law)
- Author(s):Tsvetanka Ivanova – Stoyanova
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Economy, Business Economy / Management, Civil Society, Public Law, Socio-Economic Research
- Page Range:461-473
- No. of Pages:13
- Keywords:civil society control; public law; executive power
- Summary/Abstract:The study of the meaning and scope of civil society control represents a challenge for public law and knowledge about it will deepen in the future insofar as it guarantees the democratic character of any society and prevents the sole imposition of power decisions in it. Its effective exercise improves the relationship „citizen-state“ and the feedback loop „statecitizen“, and imposes good quality on the executive's governance decisions.
Някои въпроси за облагането на печалбите на местните юридически лица с корпоративен данък по ЗКПО в резултат от разпореждане с дружествени дялове и акции
Някои въпроси за облагането на печалбите на местните юридически лица с корпоративен данък по ЗКПО в резултат от разпореждане с дружествени дялове и акции
(Some Issues Regarding the Taxation of the Profits of Local Legal Entities with Corporate Tax under Cita as a Result of the Disposal of Company Shares and Stocks)
- Author(s):Tyurker Mollahasan
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Politics, Economy, Business Economy / Management, Public Law, Economic policy, Public Finances, Fiscal Politics / Budgeting, Socio-Economic Research
- Page Range:474-485
- No. of Pages:12
- Keywords:corporate income tax; taxable profit; transactions with shares and stocks
- Summary/Abstract:The report aims to analyze some issues regarding the taxation of the profits of local legal entities with corporate tax under CITA as a result of the disposal of company shares and stocks. After analyzing the essence of the corporate tax, some of the main elements of the tax are also analyzed - the object of taxation, the subject of the tax and the rules for determining the amount of the tax liability (tax base and tax rate). The report places a major emphasis on the concept of "profit" in the accounting and tax sense. The specific rules for the formation and taxation of the tax profit resulting from the disposal of certain financial instruments admitted to trading on a regulated market are also specified.
Относно задържането на лице по чл. 72, ал. 1, т. 1 от закона за Министерството на вътрешните работи
Относно задържането на лице по чл. 72, ал. 1, т. 1 от закона за Министерството на вътрешните работи
(Towards the Problem of Detention under Article 72, Paragraph 1, Point 1 of The Ministry of The Interior Act)
- Author(s):Kiril Goranov
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Criminal Law, Penal Policy, EU-Legislation, Sociology of Law, Court case
- Page Range:486-501
- No. of Pages:16
- Keywords:detention of a suspected person; police authority; reasonable suspicion of committed offence; detention order; substantive legality of the administrative act; factual and legal grounds; effective exer
- Summary/Abstract:The current Bulgarian legislation empowers police authorities to detain a person deemed to have committed a crime. Exercising such power, in practice, results in restriction of one of the most important fundamental rights guaranteed by the Constitution of the Republic of Bulgaria, namely, the right to personal liberty and inviolability. A written order is issued for the detained person, which by its nature represents an individual administrative act, and, as such, must meet the five requirements for legality of administrative acts. The present paper focuses on the obligation of the police authorities to observe the substantive law, to state promptly the reasons for detention, as well as to eliminate any form of abuse of power entrusted to them. For the purpose of preventing unlawful and arbitrary detention, police authorities ought to comply with the European Convention on Human Rights and European Union law, as well as take into consideration the relevant case-law of the European Court of Human Rights and the case-law of the Court of Justice of the EU.
Относно задължението на държавата за осигуряване на основното право на свободно предвижване
Относно задължението на държавата за осигуряване на основното право на свободно предвижване
(Regarding the State's Obligation to Ensure the Fundamental Right of Free Movement)
- Author(s):Vasil Iliev
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Politics, Social Sciences, Economy, Law, Constitution, Jurisprudence, Constitutional Law, Civil Society, Sociology, International relations/trade, Globalization, Socio-Economic Research, Sociology of Law
- Page Range:502-512
- No. of Pages:11
- Keywords:globalization; witness; foreign; basic; obligation; right
- Summary/Abstract:The article will examine the issue of the basic obligation of the state to ensure the basic right of free movement regulated in Art. 35, paragraph 1 of the CRC in the application of Art. 162 RTL. A review of the practice of the Constitutional Court of the Republic of Bulgaria regarding the provision of the right to free movement will be carried out. In conclusion, a reasoned conclusion will be reached, does it contradict Art. 162 RTL of the Constitution of the Republic of Bulgaria. The question will be raised regarding the need for de lege ferenda of Art. 162 RTL in the part in which it covers the application to Bulgarian citizens with a foreign national license to drive a motor vehicle, issued by a country that is not a member of the European Union, or by another state party to the Agreement on the European Economic Area, or from the Swiss Confederation.
Търновската конституция и въпросът за основанието на правото
Търновската конституция и въпросът за основанието на правото
(The Tarnovo Constitution and the Question of the Foundation of the Law)
- Author(s):Dimitar Stoyanov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Philosophy of Law
- Page Range:513-522
- No. of Pages:10
- Keywords:foundation; law; constitution; values; philosophy of law; freedom; justice
- Summary/Abstract:The foundation of the law as a value and philosophical category is inextricably linked to the establishment of permanent and effective basic laws and other normative acts. The Tarnovo constitution embodies fundamental categories of freedom, equality, justice and others. In this way, it not only fulfills the objectives of the law, but also represents an example of an effective comprehensive approach in the drafting and adoption of a basic law through the reflections that are laid down in it. The essential idea of the foundation of the law is to justify it as a system and to give its manifestation in all categories of legal acts.
Инспекции на клиничните изпитвания на лекарствени продукти
Инспекции на клиничните изпитвания на лекарствени продукти
(Inspections of Clinical Trials of Medicinal Products)
- Author(s):Radoslav Ivanov
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Social Sciences, Economy, Law, Constitution, Jurisprudence, Public Law, Sociology, Health and medicine and law, Socio-Economic Research, Sociology of Law
- Page Range:523-530
- No. of Pages:8
- Keywords:clinical trials; medical products; legal control; inspections
- Summary/Abstract:This report analyzes the nature of clinical trials of medicinal products. The different forms of control during their implementation are described. Monitoring and auditing are considered as specific forms of non-legal control. A special place is given to the different types of inspections of clinical trials as the only form of ongoing legal control carried out by competent state authorities.
"Гражданската конфискация" и отнемането на незаконно придобито имущество по чл. 53 от наказателния кодекс в светлината на последните законови промени
"Гражданската конфискация" и отнемането на незаконно придобито имущество по чл. 53 от наказателния кодекс в светлината на последните законови промени
("Civil Forfeiture" and Forfeiture of Illegally Acquired Property under Art. 53 Of the Criminal Code in the Light of Recent Legislative Changes)
- Author(s):Spas Panayotov
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Criminal Law, Penal Policy
- Page Range:531-537
- No. of Pages:7
- Keywords:Forfeiture; confiscation; assets; civil forfeiture; crime
- Summary/Abstract:This publication provides a brief overview of the evolution of the Institute of Forfeiture of Illegally Acquired Assets under the Special Asset Forfeiture Act to the State, without claiming a detailed study of the historical development of the Institute. This review aims to outline the main characteristics of the institute, thereby clarifying its independent and independent character from other similar procedures existing in our domestic legislation, to outline the impact of European law on our domestic legislation, the legislative progress achieved and to focus on its preventive function as an instrument in the fight against crimes that have the potential to generate benefits for their perpetrators. The other objective of the study is to clarify the fact that the latest legislative changes are not a step backwards, but have been undertaken in order to differentiate the functions of the two anti-corruption bodies.
Защитата на правото на синдикално сдружаване като специфичен вид предварителна престъпна дейност
Защитата на правото на синдикално сдружаване като специфичен вид предварителна престъпна дейност
(Criminal Protection of the Right to Trade Union Association as Specific Type of Preliminary Criminal Activity)
- Author(s):Yanaki Yanakiev
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Security and defense, Labour and Social Security Law
- Page Range:538-551
- No. of Pages:14
- Keywords:the right of trade union association; preliminary criminal activity; crime; trade union; social rights
- Summary/Abstract:The protection of the right to join a trade union was established in the penalty code for the first time with the changes of August 2023. The report draws attention to the issues related to the historical development of the right to trade union and those concerning the international and domestic legal framework in which it develops. In the second part, the legal characteristics of the right to trade union association and its peculiarities are examined. The third part is devoted to the norm of Art. 174b, the signs of composition regarding its object, objective side, subject, subjective side were researched. Some shortcomings in the text are noted, as well as an option to overcome them. In the last part, the norm of para. 2, Art. 174b is considered as a specific type of preliminary criminal activity.
