Правната наука и бизнесът – заедно за устойчиво развитие на икономиката. Сборник доклади
The Legal Science and the Business - Together for Sustainable Development of the Economics. Proceedings
Contributor(s): Darina Dimitrova (Composer), Margarita Bachvarova (Composer), Andriyana Andreeva (Composer), Galina Yolova (Composer), Zhivka Mateeva (Composer)
Subject(s): Social Sciences, Economy, Education, Law, Constitution, Jurisprudence, National Economy, Supranational / Global Economy, Business Economy / Management, Micro-Economics, Constitutional Law, Civil Law, International Law, Human Rights and Humanitarian Law, Law on Economics, Financial Markets, Public Finances, Marketing / Advertising, Tourism, Human Resources in Economy, ICT Information and Communications Technologies, Business Ethics, Socio-Economic Research, EU-Legislation
Published by: Икономически университет - Варна
Summary/Abstract: The book is published as a result of a round table – project SPC – 167/2016, pursuant to contract for partial financing of scientific forum according to Regulation №3 of MES 27.11.2015. The reports published are not edited and corrected. The authors shall bear the full liability for their content and originality and mistakes due to their fault. This book or parts of it cannot be reproduced, distributed on electronic way and copied without the written consent of the publisher.
- Print-ISBN-13: 978-954-21-0913-6
- Page Count: 250
- Publication Year: 2016
- Language: English, Bulgarian, Russian
Приемствеността и взаимодействието между икономисти и юристи, предпоставка за просперитета им
Приемствеността и взаимодействието между икономисти и юристи, предпоставка за просперитета им
(Succession and Interaction Between Economists and Jurists – A Precondition for their Prosperity)
- Author(s):Petar Cankov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law
- Page Range:009-015
- No. of Pages:7
- Keywords:interaction; academic atmosphere; upgrade; scientific research
- Summary/Abstract:Succession is a main principle. It is important, especially in the area of economics and law. The joint implemented interaction was intended since the establishing of the University of Economics – Varna in 1920. During these years economic departments indeed were managed by jurists. The law has important place in the structure of the University and this reason lead to the establishing of the independent Law faculty, closed because of legislative and subjective reasons.
Търговскоправен аспект на непреодолимата сила като юридически факт
Търговскоправен аспект на непреодолимата сила като юридически факт
(Commercial – Legal Aspect of the Force Majeure as a Juridicial Fact)
- Author(s):Margarita Bachvarova, Violeta Vladova-Ivanova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:016-024
- No. of Pages:9
- Keywords:force majeure; juridical fact; appearance; commercial agreement
- Summary/Abstract:The force majeure is a complicated legal institute with a specific application in the contemporary Bulgarian commercial law. The different concepts in theory and practice motivate the necessity of systematization and interpretation of the issues and problems, related to it. The objective of the report is to make general characteristics of the concept and to establish the factual content for its application. On this basis the authors make recommendations to improve the legislation.
Законодателното уреждане на индустриалните отношения в България – състояние и перспективи
Законодателното уреждане на индустриалните отношения в България – състояние и перспективи
(Legal Framework of the Industrial Relations in Bulgaria – State of the Art and Perspectives)
- Author(s):Evgueni Evgueniev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Law on Economics
- Page Range:025-031
- No. of Pages:7
- Keywords:industrial relation; social dialogue
- Summary/Abstract:This report concerns some of the main trends in the development of the industrial relations in Bulgaria. The document gives an overview of the current state of the art and makes recommendations for the future improvement of the industrial relations
Правни аспекти на дигиталния и интерактивен маркетинг
Правни аспекти на дигиталния и интерактивен маркетинг
(Legal Aspects of Digital and Interactive Marketing)
- Author(s):Bistra Vassileva
- Language:Bulgarian
- Subject(s):Economy, Marketing / Advertising
- Page Range:032-044
- No. of Pages:13
- Keywords:Marketing 4.0; digital marketing; social media.
- Summary/Abstract:In this paper, the author argues that technologies will transform marketing organisation and reshape marketing activities of companies. The aim of the paper is to summarise the main challenges of digital disruption as well as to identify their implications to the legal aspects of digital and interactive marketing activities. Research question driving this paper is to identify the main challenges regarding legal protection of social media customers. Survey results about socual media behaviour and cyber security issues are presented and discussed.
Практически аспекти на отговорността на управителя на дружеството с ограничена отговорност по данъчно-осигурителния процесуален кодекс
Практически аспекти на отговорността на управителя на дружеството с ограничена отговорност по данъчно-осигурителния процесуален кодекс
(Practical Aspects of The Liability of a Manager of Limited Liability Company According to the Tax and Social Insurance Procedure Code)
- Author(s):Milena Tsvetkovska
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:045-054
- No. of Pages:10
- Keywords:manager; limited liability company; Tax and Social Insurance Procedure Code.
- Summary/Abstract:The report examines the aspects of the liability of a manager of Limited liability company in case of non-performance of his obligations according to the Tax and Social Insurance Procedure Code. The author analyzes the practical aspects of this type of liability, researching the court practice. She examines the preconditions for this type of liability, the particular factual contents leading to its occurrence and the method of its realization. On this base the author makes conclusions and recommendations to improve the legislation.
Противоречия между закона и практиката при провеждане на общо събрание на съдружниците в капитала на дружество с ограничена отговорност
Противоречия между закона и практиката при провеждане на общо събрание на съдружниците в капитала на дружество с ограничена отговорност
(Contradictions Between Legislation and Practice When Holding General Meeting of Partners in the Capital of a Limited Liability Company)
- Author(s):Vencyslav Savov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:055-064
- No. of Pages:10
- Keywords:Commerce Act; Code of Civil Procedure; Supreme Court of Cassation; General meeting; fpartners; Limited Liability Company.
- Summary/Abstract:The present report considers the contradictions originating between the regulation of the Commerce Act referring the convening and holding of the General meeting of partners in a limited liability company, and the decisions of the Supreme Court of Cassation, being already mandatory practice for the courts.
За някои особености на извършването на едностранни сделки по търговския закон
За някои особености на извършването на едностранни сделки по търговския закон
(Regarding Some Features of an Unilateral Statement Formation According to Trade Act)
- Author(s):Maria Todorova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:065-073
- No. of Pages:9
- Keywords:an unilateral statement acc to Commerce Act; a formation of an unilateral statement; statement; features
- Summary/Abstract:The report issues some features regarding formation of an unilateral legal statement under the Commerce Act related to its characteristics that make differences from the general regime. The legal significance of the institute of formation is examined. It is held that the analogous application of the general rules can not overcome the lack of codified and precise regulations, which creates practical problems.
Защита на търговската тайна при предоставяне на достъп до обществена информация
Защита на търговската тайна при предоставяне на достъп до обществена информация
(Protection of Trade Secrets in the Course Of Providing Access to Public Information)
- Author(s):Alexander Asenov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:074-083
- No. of Pages:10
- Keywords:trade secret; public information; competition
- Summary/Abstract:Public authorities collect different protected information and in the course of access to public information, often the interests of third persons has been affected. Problems arise, relating to the protection of trade secrets to those persons and public institutions liable for providing access should implement measures to protect the information and evaluate the balance of interests and competing rights.
Законодателни решения в българското трудово право обусловени от връзката му с икономиката
Законодателни решения в българското трудово право обусловени от връзката му с икономиката
(Legislative Solutions in the Bulgarian Labour Law, Determined by its Relation to the Economics)
- Author(s):Andriyana Andreeva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:084-092
- No. of Pages:9
- Keywords:labour law; employment contract; economics development
- Summary/Abstract:The historical development of the labour law in its origin reflects its direct relation to the development of the economics. Based on this relation the report presents some of the main contemporary tendencies of the Bulgarian labour law, reflected trough the amendments in the Labour code. The accent is on these legal institutes, where the legislator remarked the contemporary necessity and made actualization of the labour legal norms as a solution. The author researches the relation of these institutes to the development of the economics and makes relevant conclusions and recommendations.
Правната наука в полза на бизнеса прости отговори на сложни въпроси
Правната наука в полза на бизнеса прости отговори на сложни въпроси
(Simple Answers to Complex Questions)
- Author(s):Nikolay Stoyanov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Philosophy of Law
- Page Range:093-099
- No. of Pages:7
- Summary/Abstract:The report interprets the interrelationship between science, practice and business, analyzing them through the prism of their functionality and considering the needs and specialties of the application of law. The author analyzes some of the specialties, specifics and characteristics, concerning the method of functioning and the importance as mechanism of norm interpretation. This provokes objective conclusions for improvement and synchronization of theory, practice and application of law.
Гарантиране на правата на работниците, работещи на територията на чужда държава със закона за трудовата миграция и трудовата мобилност
Гарантиране на правата на работниците, работещи на територията на чужда държава със закона за трудовата миграция и трудовата мобилност
(Ensuring the Rights of Workers, Working in a Foreign Country with the Law оn Labor Migration and Labor Mobility)
- Author(s):Zlatozar Yordanov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:100-108
- No. of Pages:9
- Keywords:labor migration; labor market; free movement
- Summary/Abstract:The report is a compact survey of the basics of the rules on the recruitment of foreign workers in Bulgaria and the protection of the rights of Bulgarian workers in foreign countries, introduced with the Law on labor migration and labor mobility.
Ecoman a Simulation Game as a Powerful Learning Tool
Ecoman a Simulation Game as a Powerful Learning Tool
(Ecoman a Simulation Game as a Powerful Learning Tool)
- Author(s):Melissa Michielsen, Oliver Holz
- Language:English
- Subject(s):Economy, Human Resources in Economy
- Page Range:109-119
- No. of Pages:11
- Keywords:entrepreneurship; manager; responsibilities; skills; teamwork
- Summary/Abstract:The business game ECOMAN has been organized since 1996 by the Faculty of Economics and Business of KU Leuven Campus Brussels. The game is an example of an interactive and skills-focused approach. The participants have to act as if they direct a company. To lead the company many decisions have to be taken according to the mission statement and strategic objectives. The intention is that the management team runs the company for a number of financial years (game rounds). For this, they need to make decisions taking into account disruptive economic and business factors. Every decision has an impact on the overall business situation. Within this context, simulation games are 110 extremely powerful learning tools, allowing the decision maker (player) to formulate and test the results of the different decisions taken as a manager. By playing the business game ECOMAN the participants clearly have a lot more insight into business economics as the game teaches them the effects of various unexpected factors to estimate better. The reaction of the individual and the group is thoroughly tested. Moreover they learn to work independently on a project and practice their foreign language and presentation skills.
Правен режим на пренасянето на данъчна загуба като облекчение в подкрепа на бизнеса
Правен режим на пренасянето на данъчна загуба като облекчение в подкрепа на бизнеса
(Legal Regine of the Carrying Forward of Tax Loss as a Tax Break in Support of Business)
- Author(s):Penko Dimitrov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Law on Economics
- Page Range:120-127
- No. of Pages:8
- Keywords:Tax breaks; corporation tax; carrying forward of tax loss; assignment of corporation tax; deduction of tax loss
- Summary/Abstract:This paper considers the legal regime of the carrying forward of tax loss as one of the general tax breaks widely available in the context of the corporation tax levy of corporate entities. Particular attention is paid to the conditions which must be fulfilled by the taxable persons, in order for them to be able to benefit from this right of deduction of tax loss. The nature of the tax loss deduction, as a subjective material tax right to the reduction of the corporation tax due and the preconditions for its exercise are also considered herein.
Имуществената отговорност, като елемент от системата за въздействие на АДФИ
Имуществената отговорност, като елемент от системата за въздействие на АДФИ
(Proprietary Liability as an Element of the System Impact of PFIA)
- Author(s):Plamena Nedyalkova
- Language:Bulgarian
- Subject(s):Economy, Accounting - Business Administration
- Page Range:128-135
- No. of Pages:8
- Keywords:property liability; PFIA
- Summary/Abstract:The inspection activities realized by the The Public Financial Inspection Agency (PFIA) is a complex process in establishing improprieties ending production in the implementation of measures of impact. Measures to impact are distinguished in terms of methods of action, and also to the realized activities of the checks and guilty persons.
Конституционното правосъдие – фактор за развитие на икономиката
Конституционното правосъдие – фактор за развитие на икономиката
(Constitutional Justice – a Premise for Economic Development)
- Author(s):Hristo Dochev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law
- Page Range:136-147
- No. of Pages:12
- Keywords:Constitutional Court; constitutional justice; constitutional review; economic development; competitiveness
- Summary/Abstract:The Constitutional Court of Bulgaria has been in action for nearly 25 years. It has asserted its place among the most important and active state authorities by deciding many controversial political and legal cases, including presidential and parliamentary elections, defense of fundamental rights of citizens, etc. Over the last few years, its work has spread towards many crucial economic issues. The article focuses on some of the specific cases that outline the Court’s functions regarding the economic development.
Мястото и ролята на съдилищата в процеса на икономическа и информационна глобализация
Мястото и ролята на съдилищата в процеса на икономическа и информационна глобализация
(The Place and Role of Courts in the Process of Economical and Information Globalization)
- Author(s):Rositsa Toncheva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Law and Transitional Justice
- Page Range:148-158
- No. of Pages:11
- Keywords:rule of law; globalization; leadership
- Summary/Abstract:The report will present the theoretical foundations of the concept of judicial reform and its practical application in various legal systems. Will be examined index „Rule of Law” as a measure of social and market conditions in various countries. The report will present leading practices in changing the paradigm of legal science and legal system. Based on the research will formulate possible steps to reform Bulgarian judicial system.
Определяне на компетентността на съдилищата по искове по договор за превоз на пътници с туристическа цел в ЕС
Определяне на компетентността на съдилищата по искове по договор за превоз на пътници с туристическа цел в ЕС
(Report on Subject: Determination of the Jurisdiction of the Courts on Civile Claims About Contract for Carriage of Passangers for Tourism in EU)
- Author(s):Anna Mihova-Georgieva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
- Page Range:159-167
- No. of Pages:9
- Summary/Abstract:Тhe contract of carriage of passengers for tourism in EU are applicable provisions of Regulation №44 ( 2001. Under this regulation, there are three types of jurisdiction applicable to relations arising from such contracts, namely: general jurisdiction, special jurisdiction and contractual jurisdiction. General jurisdiction is identical to the general jurisdiction under Bulgarian law (art. 105 CCP), where it is established that competent is the court in the area of which was the permanent and current address of the defendant. According to the special jurisdiction laid down in the Regulation, the passenger may select the court which has jurisdiction to hear the dispute (court of the consumer's domicile or that of the defendant). The legal competence derogate from the first two, it allows the parties to choose the competent court under certain conditions. Finally there is an option to be applicable the jurisdiction to this court before which the defendant appeared and made no objection to jurisdiction.
Некоторые проблемы, стоящие на пути организации судебных экспертиз в Болгарии и России
Некоторые проблемы, стоящие на пути организации судебных экспертиз в Болгарии и России
(The Major Problems Getting in the Way of Development of Forensic Enquiry in Bulgaria and Russia)
- Author(s):Eugenia Sukhareva
- Language:Russian
- Subject(s):Law, Constitution, Jurisprudence, Law and Transitional Justice
- Page Range:168-180
- No. of Pages:13
- Keywords:Forensic enquiry; Types of forensic enquiries; Experts; Private expert; Qualification; Justice
- Summary/Abstract:In this report the author considers in the form of comparison types of forensic enquiry in Bulgaria and Russia and brings up a question of requirements imposed to experts and their qualification in two countries. Also commented such definitions as „private expertise” and responsibility of experts, analyzes controversial issues arising in the justice system. The author makes proposals and recommendations which could be applied by the organizations of expert activities and could satisfy requirement of society for fair justice.
За социалната роля на осигуряването
За социалната роля на осигуряването
(About the Social Role of the Social Security)
- Author(s):Galina Yolova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Sociology of Law
- Page Range:181-188
- No. of Pages:8
- Keywords:social security; models of social security; social security legislation
- Summary/Abstract:The report researches the social security from the aspect of its mechanism for social protection and social fairness, analyzing the typical models, as well as presenting short historiography of generation and development of the social security legislation. Based on the main objectives and ideas of the legislation the author defines its current typical trends, norms and hypothesis. Their correct understanding and application is analyzed through the prism of current trends in the social security, regarded by the author for important, as well as more specific legislative amendments in different aspects of the social security mechanism.
Ролята на правната наука за развитието на Икономически университет – Варна
Ролята на правната наука за развитието на Икономически университет – Варна
(The Role of Legal Science for the Development of University of Economics Varna)
- Author(s):Darina Dimitrova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law
- Page Range:189-198
- No. of Pages:10
- Keywords:legal science; higher economic education; development of science
- Summary/Abstract:The need of legal science in all spheres of the public life, including the economics, has deep historical tradition. Before the opening of the first Bulgarian universities, Bulgarians strive to aquire legal knowledge in order to develop trade activity during the Renascence. The report/presentation/ analyzes the role of jurists, the legal science and the legal education in the long history of University of Economics – Varna. It examines their contribution for the training of highly qualified economic specialists and the development of the university as an approved educational and scientific institution.
Юридически способи за защита правата на държавата при изготвяни от синдика сметки за разпределение
Юридически способи за защита правата на държавата при изготвяни от синдика сметки за разпределение
(Juridical Means for Protection of the Rights of the State in Case That the Trustee in Bankruptcy Shall Prepare an Account for the Distribution of the Available Amounts)
- Author(s):Stoyan Kolev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:199-214
- No. of Pages:16
- Keywords:bankruptcy proceedings; cashed in property; public law claims; order of satisfying the creditors; objection of the account for distribution
- Summary/Abstract:The report analyses the actual legislative regulation and the court practice concerning the authorization of officers and state and municipality organs, related to the distribution of the cashed by the trustee property of the bankrupt debtor. It examines the question of privileges of different categories claims of creditors in the bankruptcy and the competition with the public law claims of the state in case of distribution, made by the trustee. It considers the possible hypothesizes, related to the action or inaction of the persons, participating in the bankruptcy process, resulting to non-compliance with the law of the account prepared by the trustee, from the aspect of the state (public legal) interest, as well as it analyses the actual legal possibilities of the state officers to protect the rights of the state as a creditor with public law claims. The report analyses also the lack of legal regulation, related to the inaction of the trustee for preparation of the account for distribution and the actual legal possibilities for protecting the creditors in case of such inaction. In addition it analyses the solutions provided in Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings, which could be applied in cases of opened insolvency proceedings in courts of different EC member-states, concerning the preparing and objection of the accounts for distribution.
Административнонаказателна отговорност по новия Закон за обществените поръчки
Административнонаказателна отговорност по новия Закон за обществените поръчки
(Administrative Penal Liability According to the New Public Procurement Act)
- Author(s):Zhivka Mateeva, Diana Dimitrova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Law on Economics
- Page Range:215-228
- No. of Pages:14
- Keywords:administrative penal liability; contracting authority; administrative violations; control authorities; public procurement
- Summary/Abstract:The dynamic market process and tensed competition within the multitude of small and medium-sized enterprises, struggling to win public procurement is related to the necessity of prompt determination of the contracting authority’s liability in the event of non-compliance with the legal requirements and principles, which benefits the development of transparent and unified practices in the area of public procurements. The objective of the report is to analyse the new legislative regulation of the administrative penal liability through clarification of the subjects and the particular composition of the administrative violations according to the Public procurement act, highlighting the importance of the control over the application of this legislation.
Възстановяване на вредите при освобождаването от наказателна отговорност по чл.78а от Наказателния кодекс
Възстановяване на вредите при освобождаването от наказателна отговорност по чл.78а от Наказателния кодекс
(Compensation of the Damages Caused by the Release from Criminal Liability Acc. to Art. 78а Criminal Code)
- Author(s):Ivayla Dimitrova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:229-237
- No. of Pages:9
- Keywords:Crime; Exemption from criminal liability; damages to property; victim; victim’s rights
- Summary/Abstract:The report analyzes the compensation of damages as one of the materiallegal preconditions for the application of the institute of release from criminal liability and imposing of administrative punishment acc. to art. 78 a, Criminal code. In the author’s opinion the compensation only of damages to property, according to the norm, does not present an adequate protection of the victim’s rights and contradicts not only to the European directives, but also to the contemporary paradigm of compensatory justice.
Развитието на наказателното право и отделни негови институти в периода от създаването на Българската държава до средновековието
Развитието на наказателното право и отделни негови институти в периода от създаването на Българската държава до средновековието
(Development of Criminal Law and Separate Individual Institutes in the Period from Establishment of Bulgarian State to the Middle Ages)
- Author(s):Milena Raynovska
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Criminal Law
- Page Range:238-247
- No. of Pages:10
- Keywords:development of criminal law; written sources; criminal provisions; crime; criminal sanctions
- Summary/Abstract:The report traces the development of criminal law, after the establishment of the Bulgarian state in 681, and the question of how changes in state structure and falling Bulgarian state under Christian influence have an effect on the development of criminal law in medieval Bulgaria.
