Национална конференция "Законът на правото или правото на закона", 20 ноември 2015 г.
National Conference "The Law of the Right or the Superiority of the Law", 20 November 2015
Contributor(s): Raina Nikolova (Editor), Deyana Marcheva (Translator)
Subject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Philosophy of Law
Published by: Нов български университет
Keywords: Law; Legislation; Legislation of Bulgaria; Jurisprudence; Constitutional law; Legal Principles; Functions of Law; Law State; History of Law; Legal Framework
Summary/Abstract: The Proceedings of the National Conference "The Law of the Right or the Superiority of the Law", 20 November 2015 focuses on the prerequisite of superiority of Law, and legal equality. It discusses the status-quo of politically independent legal system, and the necessity to fix it constitutionally.
- E-ISBN-13: 978-954-535-951-4
- Page Count: 314
- Publication Year: 2016
- Language: Bulgarian
Списък на използваните съкращения
Списък на използваните съкращения
(Index of Abbreviations)
- Contributor(s):Author Not Specified (Editor)
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Essay|Book Review |Scientific Life, Editorial
- Page Range:8-11
- No. of Pages:4
- Keywords:Abbreviations' Index
- Summary/Abstract:List of commonly used abbreviations.
In Memoriam
In Memoriam
(In Memoriam)
- Author(s):Author Not Specified
- Language:Bulgarian
- Subject(s):Social Sciences, Education, Law, Constitution, Jurisprudence, Essay|Book Review |Scientific Life, Higher Education , Obituary
- Page Range:12-12
- No. of Pages:1
- Keywords:Obituary; In Memoriam; Prof. Bogdan Bogdanov, DSc
- Summary/Abstract:We have to share with regret that on August 5, 2016, Professor Bogdan Bogdanov, President and founder of New Bulgarian University has left us. He was an impressive scientist with rich literary heritage. Prof. Bogdanov was a great visionary. In the years of transition from totalitarian regimeto democracy he was not wasting his time in vain politics, but rather put all his energy and made tremendous efforts in building higher education institution of a completely new type. He build a space to develop and share talent, knowledge and making. Let him rest in peace!
Петата поправка на Конституцията
Петата поправка на Конституцията
(The Fifth Amendment of the Constitution)
- Author(s):Ekaterina Mihaylova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law
- Page Range:13-22
- No. of Pages:10
- Keywords:Constitution; Judiciary; Independence of judges; Prosecutor; Supreme Judicial Council; Colleges of the Supreme Judicial Council
- Summary/Abstract:This article addresses the amendment and supplement of the Constitution of Republic Bulgaria enacted in 2015 that concerns the judiciary. It examines the two bills brought for discussion in the Parliament, as well as the basics controversies in the public debates. The most significant issues in the fundament of the Fifth Constitutional Amendment have been outlined as follows –the division of the Supreme Judicial Council in two colleges, removal of secret voting, qualified majority for the selection of the parliamentary quota of members.
Ценностите в правото и правото като ценност
Ценностите в правото и правото като ценност
(Values in Law and Law as a Value)
- Author(s):Sofka Mateeva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Philosophy of Law, Sociology of Law
- Page Range:23-28
- No. of Pages:6
- Keywords:Functions of Law; Law; Legal Principles; Natural Law Theories; Normativism; Social Relations; State of Law; Value
- Summary/Abstract:The article comments on the grounds for values in law by emphasizing their relevance in modern democratic societies, which seek opportunities for harmonizing social relations not only nationally but also internationally. It develops the idea that law has a dual nature, on the one side, can be seen as a transcendental value, on the other side as a value -means (tool) which is in public service. The article collates different views on the value of law, both from normative school and in terms of natural law theories. It leads to the conclusion that legal values are formal values due to the inherent formalistic approach of the law and have legal significance. They are distinguished by theirmoral and religious content. The article indicates that the social value of law gives value characteristics of other social phenomena -economic, social, cultural, and also the state, turning it into a State of Law and political power, giving it legitimacy.
Lex et ius. Римскоправната традиция и съвременното законодателство
Lex et ius. Римскоправната традиция и съвременното законодателство
(Lex et ius. Roman Law Tradition and Contemporary Legislation)
- Author(s):Malina Novkirishka- Stoyanova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law
- Page Range:29-57
- No. of Pages:29
- Keywords:Contemporary Law; Iura; Iurisprudentia; Ius; Iustitia; Lex; Leges; Roman Law
- Summary/Abstract:In Roman law, there are two basic concepts which characterize the ancient concept of”Rule of law”-ius and lex. Exploring their authentic meaning and specific applicationin thepractice we can find thecontinuity of the basic concepts and theories in modern jurisprudence and legislationand apply Roman criterion of justice to the evaluation of itseffectiveness.
Влиянието на пряката жалба върху функциите на Конституционния съд
Влиянието на пряката жалба върху функциите на Конституционния съд
(The Influence of Direct Appeal over the Functions of the Constitutional Court)
- Author(s):Evgeni Tanchev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law
- Page Range:58-76
- No. of Pages:19
- Keywords:Balance of Powers; Constitutional Court; Direct Access; Direct Appeal; Structure
- Summary/Abstract:The article considers the issue that the introduction of direct access to the Constitutional Court does not change the form of government, let alone the form of state structure, neither the other elements of exclusive competence of the Grand National Assembly. It does not concern the formula of the balance of powers. Moreover, the institutionalization of direct access has a substantial impact over the essence, functions and purpose of constitutional justice.
Ролята на “Soft Law” за правното регулиране на международните търговски и граждански отношения
Ролята на “Soft Law” за правното регулиране на международните търговски и граждански отношения
(The Role of “Soft Law” for the Legal Regulation of International Commercial and Civil Relations)
- Author(s):Ekaterina Mateeva
- Language:Bulgarian
- Subject(s):Politics, Law, Constitution, Jurisprudence, Civil Law, International Law, International relations/trade, Commercial Law
- Page Range:77-91
- No. of Pages:15
- Keywords:Draft Common Frame of Reference(DCFR); Model Laws; Principles of European Contract Law (PECL); Principles of European Family Law (PEFL); Principles of European Insurance Contract Law (PEICL)
- Summary/Abstract:The present article examines the role and importance of ‘soft law’ sources for the regulation of international commercial and civil relations in the contemporary world. Object of study are different types of optional instruments, such like Model Laws, Principles, Uniform Rules etc. prepared by UNCITRAL, UNODROIT, ICC and other international organizations. They provide a pattern that law-makers in national governments can adopt as part of their domestic legislation on private law. These rules are not enacted as legislation and therefore not binding in nature, but they could be selected by parties as part of their contract. Under analysis are also the Principles of European Contract Law (PECL), Principles of European Tort Law (PETL), Principles of European Family Law (PEFL), Principles of European Insurance Contract Law (PEICL), as well as the Draft Common Frame of Reference (DCFR) and their importance for the future European Civil code.
Падеж, изискуемост и изпълняемост
Падеж, изискуемост и изпълняемост
(Due Date, Chargeability, Executability)
- Author(s):Metody Markov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:92-97
- No. of Pages:6
- Keywords:Execution Term; Invitation; Delay in Fulfillment
- Summary/Abstract:The question about the difference between the time when the creditor can ask for performance and the time when the debtor must perform is discussed in the report. These moments are of significance as far as the commencement of the term for fulfillment of the obligation is concerned, as well as the moment of delay of the debtor when interest is due to be paid. Different types of terms, which can be agreed between the parties, are observed.
Производство по колективни спорове
Производство по колективни спорове
(Collective Claims Proceedings)
- Author(s):Mario Bobatinov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Conference Report
- Page Range:98-103
- No. of Pages:6
- Keywords:Action for a Declaratory Judgement; Action for Performance; Collective Claim; Constitutive Action; Interest; Prescription
- Summary/Abstract:Collective Claims Proceedings provide for the procedural option of claim protection of a collective interest. This option is introduced in the newly adopted Civil Procedure Code with effect from 01.03.2008. In comparison to the anglo-saxon legal system thecase law in Bulgaria is scanty. The article discusses the main issues that arise in the practice of application of the collective claims and that need to be addressed by the legislation de lege ferenda.
Форми на централизацията и децентрализацията
Форми на централизацията и децентрализацията
(Forms of Centralization and Decentralization)
- Author(s):Tsvetan Sivkov
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Governance, Public Law
- Page Range:104-109
- No. of Pages:6
- Keywords:Centralization; Decentralization; State Government
- Summary/Abstract:Centralization and decentralization are manifestations of the methods of structuring and functioning of state government and the society. The article represents to the professional community one of the possible views for theorizing significant issues of the system and philosophy of state government. It considers the criteria, prerequisites and procedural forms of centralization and decentralization.
Съдебният контрол върху актовете на органите на медицинската експертиза
Съдебният контрол върху актовете на органите на медицинската експертиза
(Judicial Supervision over the Acts of the Bodies of Medical Expertise)
- Author(s):Ivaylo Ivanov Staykov
- Language:Bulgarian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Sociology, Health and medicine and law
- Page Range:110-119
- No. of Pages:10
- Keywords:Case Law; Insurance Law; Judicial Supervision; Legal Act; Legal Dispute; Medical Expertise; Working Capacity
- Summary/Abstract:This scientific study addresses the problematics of the twofold legal substance of the acts of the bodies of medical expertise, as well as their contestation to the courts. It explores in historical perspective the introduction and subsequent development of judicial supervision of the acts of the bodies of medical expertise. It considers the legal characteristics of the disputes in relation to the medical expertise and furthers the opinion that they are essentially insurance legal disputes. It also providesan analysis of the extensive case law of the Supreme Administrative Court on these issues.
Правото на самоотбрана съгласно Устава на ООН
Правото на самоотбрана съгласно Устава на ООН
(The Right of Self-Defence under the UN Charter)
- Author(s):Katerina Yocheva
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, International Law, Security and defense
- Page Range:120-124
- No. of Pages:5
- Keywords:Self-Defense; UN Charter; International Custom; Security Council
- Summary/Abstract:The article tackles with the important issues with regard to the right of self-defence under Article 51 of the UN Charter. Under particular consideration are the international custom with regard to self-defence as well as Article 51 and the powers of the Security Council.
Значение на психичното здраве на извършители с личностови разстройства при индивидуализация на най-тежките наказания
Значение на психичното здраве на извършители с личностови разстройства при индивидуализация на най-тежките наказания
(Significance of the Mental Health of Criminals with Personal Disorders for the Individualization of the Highest Criminal Punishments)
- Author(s):Iva Pushkarova
- Language:Bulgarian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Criminal Law, Sociology, Substance abuse and addiction, Health and medicine and law, Penology
- Page Range:125-142
- No. of Pages:18
- Keywords:Alcoholic; Disease; Court; Criminal Justice; Criminal Liability; Grave Penalty; Insanit; Life Imprisonment; Life Imprisonment without Commutation; Medical Care; Mental Deficiency; Mental Disorder
- Summary/Abstract:Perpetrators of extreme crime usually suffer from mental health damages which do not qualify as legal insanity. The most common among them is the mental/personality disorder. Judicial approaches towards it differ from concept that it is a sufficient condition to deny the imposition of the gravest penalty to a belief that it is a sufficient ground for imposing it as it is directly related to the perpetrator’s dangerousness. The article argues that personality disorder is a mitigating circumstance which prevents courts from choosing the gravest penalty. The article is based on a case-law study and analyses in depth a selection of cases.
Отношенията между медийния регулатор и българския парламент
Отношенията между медийния регулатор и българския парламент
(The Relations between the Media Regulator and the National Assembly)
- Author(s):Raina Nikolova
- Language:Bulgarian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Media studies, Public Law, Communication studies
- Page Range:143-150
- No. of Pages:8
- Keywords:Appointment; Council for Electronic Media; Election; Mandate of a Member of CEM; National Assembly; President
- Summary/Abstract:The article describes the control exercised by the National Assembly on the activity of the Council for Electronic Media. It mainly reflects the political rhetoric in this area. The material criticizes the standard stipulated in Art. 29, Para. 3 of the Radio and Television Act, allowing the Parliament to delay the renewal of the composition of the media supervisory body.
Правото на собственост като гаранция за реализиране на основните човешки права
Правото на собственост като гаранция за реализиране на основните човешки права
(The Right to Property as a Guarantee for the Realization of Basic Human Rights)
- Author(s):Milena Karadjova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law
- Page Range:159-168
- No. of Pages:10
- Keywords:Human Rights; Possessions; Right to Property; Use of Property
- Summary/Abstract:The legal doctrine has been continuously debating the essence of legal concepts. The oldest legal institutes such as rights in general and specifically right to property are among the most often dissected and reexamined. Even content of legal concepts and their meaning as different from their everyday counterpart is prone todebate and the concept of property is a brilliant illustration thereof. Understanding the content of "property" becomes even more compounded when the latter is conceptually transformed into right to property. Opinions vary and are often contradictory.
Безусловното осъждане на „условното осъждане”
Безусловното осъждане на „условното осъждане”
(Nonconditional Sentencing of the„ConditionalSentencing“)
- Author(s):Ralitsa Kostadinova
- Language:Bulgarian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Criminal Law, Sociology, Penology
- Page Range:151-158
- No. of Pages:8
- Keywords:Convicted Persons; Criminal Law; Probation Period; Suspended Execution of Punishment; Suspended Sentence
- Summary/Abstract:The report explores the meaning of the term „conditional sentencing “. The established understanding of the term is to mean suspended execution of imposed punishment. Major part of the survey focuses on the conflict between the implied meaning that the term linguistically brings up of purely conditional and even missing element of a punishment itself and the true legal nature of this important Criminal law institute. The paper further discusses some of the legal consequences for the so called „conditionally convicted persons“ that give ground to assert that what we have is a clearly penal treatment. The report draws attention to the conclusion that the state makes use of the suspended sentence as a tool to enforce its corrective and preventive criminal law policy.
Особености на регулирането на одита
Особености на регулирането на одита
(Characteristics of Audit Regulation)
- Author(s):Hristo Hristozov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Essay|Book Review |Scientific Life, Conference Report, Law on Economics
- Page Range:258-264
- No. of Pages:7
- Keywords:Audit; Audit Standards; Corporate Governance; Financial Control; Independent Financial Audit; Internal Audit; Regulatory Audit
- Summary/Abstract:The report analyses the regulation of audit in Bulgaria as a form of legal control. The legal characteristics of the definition of the audit are reviewed. Different criteria for classification of the audit are elaborated. The audit as financial control is directed to finance and properties with public purpose. Audits are carried out for the purposes of the administrative regulation of business activity. Such regulatory audits are established within different specialized administrative supervision.The audit is one of the key mechanisms of the corporate governance for regulating horizontal, vertical and external conflicts. The auditors contribute significantly for confidence building and for optimal functioning of the markets, especially financial markets.
Защо законите ни задължават? Сравнение между теориите за правната нормативност у Цеко Торбов и Ханс Келзен
Защо законите ни задължават? Сравнение между теориите за правната нормативност у Цеко Торбов и Ханс Келзен
(Why Do Laws Obligate Us? Comparison Between the Theories of Legal Normativity by Tseko Torbov and Hans Kelsen)
- Author(s):Simeon Efimov Groysman
- Language:Bulgarian
- Subject(s):Philosophy, Law, Constitution, Jurisprudence, History of Law, Ethics / Practical Philosophy, Philosophy of Law
- Page Range:265-279
- No. of Pages:15
- Keywords:Basic norm; Hans Kelsen; Legal Criticism; Law and Meta-ethics; Legal Positivism; Legal Theory; Legal Validity; Natural Law; Normativism; Normativity of Law; Tseko Torbov
- Summary/Abstract:Why Do Laws Obligate Us? Comparison Between the Theories of Legal Normativity byTseko Torbov and Hans Kelsen. According to Kelsen's famous view the validity of the constitution must be presupposed in order to preserve the “purity” of legal science - id est, to avoid the deducement of norms from facts. I compare this theory to its Cantian methodological roots and to the “legal criticism” of Tseko Torbov (1899- 1987). The pioneer of the Neokantian legal philosophy in Bulgaria tried to outgrow the Kantian doctrine of law. He introduced the lacking in Kant`s model basic legal principle, which functioned as a validating reason for all the “lawful” (real) norms. Its substance according to Torbov is justice. At the end of the article I explain the differences with the contrasts between Kelsen's and Torbov's views on meta-ethics.
Формиране на правото на собственост в България (1879 – 1912)
Формиране на правото на собственост в България (1879 – 1912)
(Formation of the Right to Property in Bulgaria (1879-1912))
- Author(s):Alexandra Aytova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:280-299
- No. of Pages:20
- Keywords:Property Right Act; Right to Property; Sources of Property Rights
- Summary/Abstract:Formation of property right in Bulgaria in the period 1879-1912 is very complicated, because of the sources of law. The legislator is trying to find the balance between law and Acts by the implementation of law in the Act. The main aim of the legislator is to found and guarantee unconditionally property right, as the most important fundamental right, which provide liberty of the individuals.
Ограничаването на родителските права като нетипичен резултат на някои специални съдебни производства
Ограничаването на родителските права като нетипичен резултат на някои специални съдебни производства
(The Restriction of Parental Rights - an Atypical Result in Some Specific Procedures)
- Author(s):Ivan Georgiev
- Language:Bulgarian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Civil Law, Sociology, Family and social welfare
- Page Range:300-306
- No. of Pages:7
- Keywords:Civil Procedure; Domestic Violence; Right of the Child; Replacement of the Child outside the Biological Family; Restriction of Parental Rights
- Summary/Abstract:The Restriction of Parental Rights - an Atypical Result in Some Specific Procedures. The restriction of parental rights is a special procedure, which finds its place in the Family Code.However, a number of other procedures that pursue quite different goals can achieve the effect of restricting in one way or another right of parents to communicate with their own child. For example, in proceedings for protection from domestic violence, the court may prohibit a parent to approach a child. Restriction can prevent and placement of the child in a family of relatives or in placement in a specialized institution. It is very controversial question about the possibility of a child to be placed in an institution of closed type (boarding reformatory) and how it affects custody. The court should not remain indifferent to the fate of the child, nor to the right of parents to exercise their parental rights, which are why even in these specific procedures, should detail arrange mode of personal relationships.
Субективно право
Субективно право
(Subjective Right)
- Author(s):Monika Stoyanova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Sociology of Law
- Page Range:307-308
- No. of Pages:2
- Keywords:Subjective Right
Легитимност и легалност на законите
Легитимност и легалност на законите
(Legitimacy and Legality of Laws)
- Author(s):Yuliana Kostova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Philosophy of Law
- Page Range:309-310
- No. of Pages:2
- Keywords:Legitimacy of Law(s); Legality of Law(s)
Законност?
Законност?
(Lawfulness?)
- Author(s):Yordanka Temelkova, Hristiana Andreeva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Philosophy of Law
- Page Range:311-314
- No. of Pages:4
- Keywords:Lawfulness
Принципът на правовата държава в правния ред на Европейския съюз
Принципът на правовата държава в правния ред на Европейския съюз
(The Principle of Rule of Law in the Legal Order of the European Union)
- Author(s):Hristo Hristev
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Civil Society, Governance, Public Law, Philosophy of Law, EU-Legislation
- Page Range:169-189
- No. of Pages:21
- Keywords:Contemporary Democracy; European Union; Principle of Rule of Law; Public Authority
- Summary/Abstract:The principle of the rule of law is a fundamental element of the legal order of contemporary democracy. Even though it has been created on the basis of international treaties, the European Union is affirming as new type of organization of public authority, in whose legal system a series of manifestations of the rule of law find their expression. Through the case law of the Court of Justice of the European Union and through series of amendments of the Founding treaties, the principle of the rule of law turns into a state of constitutional character for the legal order of the EU, determining both the legality of the acts of the European institutions and the belonging of the member-states to the Union.
Помирението и посредничеството - новост или връщане към обичайните способи за решаване на спорове
Помирението и посредничеството - новост или връщане към обичайните способи за решаване на спорове
(Reconciliation and Mediation – Novelty or Return to the Customary Ways of Disputes Resolution)
- Author(s):Petya Nedeleva
- Language:Bulgarian
- Subject(s):Politics, Law, Constitution, Jurisprudence, Security and defense, Peace and Conflict Studies
- Page Range:190-193
- No. of Pages:4
- Keywords:Conflicts; Customs; Negotiation; Reconciliation
- Summary/Abstract:The alternative methods of conflicts resolution represent a form of personal, cultural and religious empowerment that denies the authority of the authoritarian power to resolve conflicts. These methods assume the will and activity of the society, as well as its maturity, so that the society be able to resolve its internal issues and conflicts on its own merits. Negotiations and reconciliation are historically known and practiced in different versions in the lands of Bulgaria. Hence, Bulgarian society has traditions in the resolution of its internal conflicts, commensurable to other societies in which such methods are deeply rooted.
Граници на прокурорския надзор върху администрацията в правовата държава
Граници на прокурорския надзор върху администрацията в правовата държава
(Rule of Law Limitations of Prosecutor’s Supervision over Administration)
- Author(s):Deyana Marcheva
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Governance, Public Administration, Public Law
- Page Range:194-210
- No. of Pages:17
- Keywords:Administration; Prosecutor; Rule of Law; Supervision
- Summary/Abstract:This article renders problematic the prosecutor’s supervision over public administration in contemporary Bulgaria and explores what limitations need to be delineated so that such supervision to be in line with the rule of law. The “general prosecutor’s supervision” is a fundament of socialist administrative law, grounded in the political ideas of Leninism. After the adoption of the democratic Constitution in 1991 that institute passes over to the contemporary administrative law without any theoretical or practical debates for its place in the paradigm of the rule of law. The Prosecutor’s office continues to exist in the same old socialist model as a united, centralized, hierarchical system in the branch of judiciary. While the prosecutor’s supervision is no longer theorized as a general one,the powers of the prosecutor, especially the supervision over public administration, have not been substantially constricted. The article raises the question whether the existing prosecutor’s supervision over public administration in Bulgaria actually turns into prosecutor’s supervision over the citizens and organizations, on one side, and over the court, on the other side. Moreover, the research tackles the balance between the public interest and human rights in the complex relationship between the administration and citizens and offers for debate certain formulas for laying down adequate limitations of the prosecutor’s supervision over public administration.
Същност и система на конституционната аксиология
Същност и система на конституционната аксиология
(Nature and System of Constitutional Axiology)
- Author(s):Martin Belov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law
- Page Range:211-221
- No. of Pages:11
- Keywords:Axiology; Constitutional Conflict; Constitutional Consensus; Constitutional Principles; Constitutional Values; Hierarchy; Public Morality; System
- Summary/Abstract:This paper is devoted to the constitutional axiology defined as a theory for the constitutional principles and constitutional values, as a legal institutionalization of the social value consensus and as a practical application of such constitutionalized morality by the subjects of the constitutional law.The constitutional axiology is presented as an open and non-autonomous system. It is open to the meta-legal normative systems and thus is dependent on their normative concepts and paradigms. The network relations between the fundamental constitutional principles and values are paralleled by the hierarchical relations between them and the sector specific principles and values. Last but not least the relationship between the axiology of the national constitutional law and the axiology of the supranational constitutionalism is discussed.
Социална справедливост и върховенство на правото
Социална справедливост и върховенство на правото
(Social Justice and Rule of Law)
- Author(s):Denitsa Topchiyska
- Language:Bulgarian
- Subject(s):Philosophy, Social Sciences, Law, Constitution, Jurisprudence, Ethics / Practical Philosophy, Sociology, Social Norms / Social Control, Philosophy of Law, Sociology of Law
- Page Range:222-231
- No. of Pages:10
- Keywords:Human Rights; Rule of Law; Social Justice
- Summary/Abstract:The article analyses the main theoretical models of social justice in contemporary society. The aim of the research is to reach conclusions on the conceptual and functional relationship between the modern concept of the rule of law and social justice.
Помирително правосъдие в България – ограничения на средата
Помирително правосъдие в България – ограничения на средата
(Restorative Justice in Bulgaria - Limitations of the Environment)
- Author(s):Rumen Petrov
- Language:Bulgarian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Criminal Law, Sociology, Victimology, Sociology of Law
- Page Range:232-244
- No. of Pages:13
- Keywords:Critical Criminology; Law; Pedagogy; Punishment; Restorative Justice; Social Work
- Summary/Abstract:Some of the elements of a sustainable restorative justice politics will be presented – at the intersection of jurisdiction, law, education, social work, local governance, etc. An analysis of these will be suggested with the aim of a realistic planning of the change and of preserving its core values.
Домашното насилие като правопораждащ юридически факт и неговото доказване в производството по Закона за защита от домашното насилие
Домашното насилие като правопораждащ юридически факт и неговото доказване в производството по Закона за защита от домашното насилие
(Domestic Violence as an Operative Event and Its Proof in the Proceedings under the Protection from Domestic Violence Act)
- Author(s):Ventsislav L. Petrov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Civil Law
- Page Range:245-250
- No. of Pages:6
- Keywords:Burden of Proof; Domestic Violence; Evidence; Tort
- Summary/Abstract:The article researches the legal facts which raise the right of victims to obtain protection under the Law for protection from domestic violence. The differences between tort and domestic violence are shown. The article concerns the provement of these facts too – the different kinds of evidences, their probative value, the burden of proof, etc. The judgments and the legal literature on these issues were researched. Several proposals for changes in the legislation are presented.
Пътят към обособяване на добросъвестното придобиване на движими вещи, прехвърлени от несобственик, като първичен придобивен способ
Пътят към обособяване на добросъвестното придобиване на движими вещи, прехвърлени от несобственик, като първичен придобивен способ
(The Method of Defining the Good Faith Acquisition of Movables as a Separate Original Means of Acquiring Ownership)
- Author(s):Dimitar Stoyanov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:251-257
- No. of Pages:7
- Keywords:Acquisitive Prescription; Commerce; Gewere; Good Faith Acquisition of Movables; Goods; Movables; Possession; Possession Equals Title
- Summary/Abstract:The method of defining the good faith acquisition of movables as a separate original means of acquiring ownership. The present article examines from a historic-comparative perspective the way of formation of good faith acquisition of movables as a separate ‘modus acquirendi’. Since Roman law refused to give protection to the acquirer ‘a non domino’ and only acquisitive prescription was available to possessors who for other reasons (in particular defective delivery) had not yet acquired ownership, the famous French author Fr. Bourjon elaborated in 1747 the rule that with regard to movables ‘possession equals title’ (possession vaut titre). This rule was intended to protect good faith acquirers in the interest of commerce, so that no acquisitive prescription rule was needed. The drafters of the Code Napoleon adopted this rule, by providing, in Article 2279 (now 2276) Code Civil, that ‘en fait de meubles, la possesson vaut titre’. On this way a good faith acquisition rule was enacted.
