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LAW AND CULTURAL VALUES. Proceedings of the INTERNATIONAL SCIENTIFIC CONFERENCE ON LAW AND CULTURAL VALUES ORGANIZED BY THE LAW FACULTY OF THE PLOVDIV UNIVERSITY Cover Image
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ПРАВО И КУЛТУРНИ ЦЕННОСТИ. Сборник с доклади ОТ МЕЖДУНАРОДНА НАУЧНА КОНФЕРЕНЦИЯ НА ТЕМА ПРАВО И КУЛТУРНИ ЦЕННОСТИ ОРГАНИЗИРАНА ОТ ЮРИДИЧЕСКИЯ ФАКУЛТЕТ НА ПЛОВДИВСКИ УНИВЕРСИТЕТ „ПАИСИЙ ХИЛЕНДАРСКИ“
LAW AND CULTURAL VALUES. Proceedings of the INTERNATIONAL SCIENTIFIC CONFERENCE ON LAW AND CULTURAL VALUES ORGANIZED BY THE LAW FACULTY OF THE PLOVDIV UNIVERSITY

Contributor(s): Irena Ilieva (Editor), Malina Novkirishka- Stoyanova (Editor), Teodora Filipova (Editor), Petia Nedeleva (Editor), Gergana Gozanska (Editor), Angel Shopov (Editor), Ognian Velev (Editor)
Subject(s): History, Law, Constitution, Jurisprudence, Cultural history, History of Law, Constitutional Law, Civil Law, International Law, Law and Transitional Justice, Local History / Microhistory, EU-Legislation, Sociology of Law
Published by: Институт за държавата и правото - Българска академия на науките

  • Print-ISBN-13: 978-954-9583-37-3
  • Page Count: 608
  • Publication Year: 2019
  • Language: English, Bulgarian
Конвенцията за опазване на нематериалното културно наследство на ЮНЕСКО и Република България

Конвенцията за опазване на нематериалното културно наследство на ЮНЕСКО и Република България
(The UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage and the Republic of Bulgaria)

  • Author(s):Irena Ilieva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, International Law
  • Page Range:19-34
  • No. of Pages:16
  • Keywords:Intangible cultural heritage; safeguarding of intangible cultural heritage; Representative List of the intangible cultural heritage of humanity; Regional Centre for the Safeguarding of Intangible Cult
  • Summary/Abstract:The report is aimed at presenting the main content of the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage: the definition for “intangible cultural heritage”, the bodies, based on the Convention, the Regional Centre for the Safeguarding of Intangible Cultural Heritage in South-Eastern Europe with seat in Bulgaria, the Representative List of Intangible Cultural Heritage and the safeguarded Bulgarian intangible cultural heritage in it.
  • Price: 4.50 €
Конвенцията на ЮНИДРОА от 1995 г. за откраднатите или незаконно изнесени предмети на културата – незаменимо допълнение към Конвенцията на ЮНЕСКО от 1970 г. за засилване на българската законова рамка по отношение на международни искове за връщане на к

Конвенцията на ЮНИДРОА от 1995 г. за откраднатите или незаконно изнесени предмети на културата – незаменимо допълнение към Конвенцията на ЮНЕСКО от 1970 г. за засилване на българската законова рамка по отношение на международни искове за връщане на к
(The 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects – an Indispensable Complement to the UNESCO 1970 Convention to Strengthen the Bulgarian Legal Framework on International Claims for Restitution of Cultural Objects)

  • Author(s):Marina Schneider
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, International Law
  • Page Range:35-55
  • No. of Pages:21
  • Keywords:UNIDROIT; UNESCO; Uniform law; due diligence; compensation; archaeological objects; multilateral cooperation
  • Summary/Abstract:The UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects is a step towards the unification of law and an important stage in the definition of a specific regulation of cultural property. It was prepared at the request of UNESCO to integrate and reinforce its 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. Although directed at the same problem, and fully complementary, it is evident that there are differences between the 1970 and 1995 Conventions.This article will examine the mechanisms provided for by the Convention relating to restitution of stolen objects and to return of illegally exported objects, and in particular the concept of “due diligence”. This norm has today become a benchmark and has in particular been taken over by European Directive 2014/60.Some instruments developed by UNIDROIT have provided real guidance in the areas of law they cover. This is particularly the case of the 1995 Convention. Beyond the number of States Partiesto this instrument, its influence is evident, in particular the concept of due diligence, in national legislations, case law and in the recent legislative effort at European and international level.
  • Price: 4.50 €
За едно координирано регионално управление на културното наследство на Балканите

За едно координирано регионално управление на културното наследство на Балканите
(Prospects for a Coordinated Regional Management of the Cultural Heritage in the Balkan Countries Area)

  • Author(s):Giovanni Cimbalo
  • Language:English
  • Subject(s):Law, Constitution, Jurisprudence, International Law
  • Page Range:56-74
  • No. of Pages:19
  • Keywords:Legislation of the Balkan countries; coordinated management of cultural heritage
  • Summary/Abstract:The intervention will analyze the legislation of the countries of the Balkans area to identify the common elements and propose actions to coordinate legislation that contribute to a coordinated management of cultural heritage for the purposes of their conservation, protection and use. To this end, the general lines of the laws of the individual countries will be analyzed. The possible interventions will be proposed for a management of homogeneous areas and sectors that at least partially exceed the national divisions in a European perspective.
  • Price: 4.50 €
Санкционната система в италианското право на културните ценности

Санкционната система в италианското право на културните ценности
(The System of Sanctions in Italian Cultural Wealth Law)

  • Author(s):Paolo Garbarino
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, International Law
  • Page Range:75-94
  • No. of Pages:20
  • Keywords:Cultural wealth; regime of safeguarding cultural wealth; administrative sanctions; punishments
  • Summary/Abstract:Within the Code of cultural heritage and landscape of the year 2004 (Codice dei beni culturali e del paesaggio – d.l. 22 gennaio 2004 n. 42) a significant part is devoted to the sanctions (Articles 160–181), thus leading to the conclusion that a real and essential sanction system safeguarding the cultural heritage has been established.The norms in the Code envisage mainly sanctions of administrative nature (Article 160–166), which I will present briefly. The Code also contains provisions regarding the invalidity of all legal acts violating the provisions of the Code itself, which seems to be entirely of civil law nature. I will also discuss those provisions, which constitute certain discrepancies in light of their interpretation by the Italian Court of Cassation.Then, in a synthetic elaboration I will focus on the norms envisaging sanctions of criminal nature (Articles 169–180). The emphasis can actually be on the fact that this Code does not exhaust the criminal matter concerning protected cultural values and landscape but its norms are added to those in the Italian Criminal Code although this creates a possibility for manifestation of some problems when coordinating their application.Another aspect that will be presented is the fact that in some cases the norms of criminal nature in this Code concern violations of the law related to endangering, most often consisting of the absence of request to the competent administrative authorities (The Ministry of Cultural Heritage and its divisions) for granting permissions or giving concessions: these violations are considered performed even if the relevant cultural site has not suffered any damages due to such absence. Some scholars raise the issues of the constitutionality of these norms due to their too general content or because they are founded on not so well-defined requirements of the administrative offices.In conclusion, the issues related to the actual efficacy of the sanction system in its complex form will be discussed, by presenting some proposals for its review so that it can be more effective in the field of protection of cultural values.
  • Price: 4.50 €
От стоки към ценности. Италианската юридическа литература по темата за културното наследство между XIX и XX век.

От стоки към ценности. Италианската юридическа литература по темата за културното наследство между XIX и XX век.
(From Goods to Values. Italian Juridical Scholarship on Cultural Heritage, between XIX and XX Centuries.)

  • Author(s):Elisabetta Poli
  • Language:English
  • Subject(s):Law, Constitution, Jurisprudence, International Law
  • Page Range:95-108
  • No. of Pages:14
  • Keywords:Italian legal scholarship; contemporary history; European legal history; cultural heritage law; cultural goods; immaterial goods; intellectual property
  • Summary/Abstract:The paper focuses on Italian legal scholarship while developing principles and theories that could be deemed as grounding Italian legislation aimed at protecting the national cultural heritage after national unification. Although this legislation inherits instruments and solutions dating back to previous centuries, in the considered period it acquires a new physiognomy and inner structure, thanks to the conceptual contribution of legal scholarship, that also draws inspiration and hints from European juridical culture, circulating across national borders. In the history of (not only) national law protection of cultural heritage, the identification of the juridical status of ‘cultural goods’ acquires specific importance and deals with a kind of new asset of individuals-society-humanity relationship, seen through the legal prism of ‘property’. That’s because these specific goods are physical corpora taking over a set of values which is ontologically immaterial. ‘Immateriality’ acquires specific significance with regard to these goods, being the intrinsic aesthetical-cultural value – also in its identitarian declination – coessential to them. Hence, these goods embodying values challenge Italian legal scholarship, suggesting a new dialectic between individuals and collectivity, this last one progressively shifting from a national dimension to a global one.
  • Price: 4.50 €
Ролята на благотворителните фондове при защитата на недвижимото културно наследство в Италия: „Държавноориентираният“ модел срещу алтернативните решения, основани на частната собственост

Ролята на благотворителните фондове при защитата на недвижимото културно наследство в Италия: „Държавноориентираният“ модел срещу алтернативните решения, основани на частната собственост
(The Role of Foundations in Protecting Immovable Cultural Property in Italy: The “State-Oriented” Model versus Alternative Solutions Based on Private Ownership.)

  • Author(s):Letizia Casertano
  • Language:English
  • Subject(s):Law, Constitution, Jurisprudence, International Law
  • Page Range:109-137
  • No. of Pages:29
  • Keywords:Immovable cultural heritage; “State-oriented” model; alternative ownership regimes; foundations; environmental trust; FAI
  • Summary/Abstract:This paper’s main objective is to identify the key role that alternative regimes based on integration and cooperation between public regulatory authorities and private property could play within the context of protection and enhancement of cultural property. In this regard, The National Trust in the United Kingdom has inspired innovative solutions all around the world, including also Italy where foundations are taking on an increasingly important role in the protection of immovable cultural heritage, in parallel with the broader consensus regarding the participation by the private sector at different levels. Due to insufficient public funding and infrastructure in this area, the involvement of the private sector is crucial, and this in turn calls for the implementation of virtuous regimes governing cooperation between public and private institutions.
  • Price: 4.50 €
Относно демокрацията: културата и градът

Относно демокрацията: културата и градът
(About Democracy: The Culture and the City)

  • Author(s):Giovanni Lobrano
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, International Law
  • Page Range:138-150
  • No. of Pages:13
  • Keywords:Democracy; Res Publica; culture; legal science
  • Summary/Abstract:The article reviews some of the aspects of the so-called “insufficiency of democracy” in contemporary world related to the inconsistency between the term of democracy and the notion of it. In the attempts to understand and reconstruct democracy, the author proposes an exploration of ancient civilization because the issue of democracy raises the issue of culture and its understanding in the first place, especially in its historical and legal aspect. Just then comes the political will.A series of summaries and comparisons has been made between democracy in Ancient Greece and in Rome, between the perception of ancient traditions and models during the time of bourgeois revolutions and in the modern world. The author assumes that the historical and dogmatic knowledge was taken apart from democracy and from the republic and it was not discovered again in the science of law of the twentieth century.One of the current tasks of legal science and, more particularly, of Romanist science, is to restore in modern culture the knowledge of the democracy and of the republic in their ancient context and essence.
  • Price: 4.50 €
Културни ценности и римскоправни аспекти на закрила на авторското право от плагиатство

Културни ценности и римскоправни аспекти на закрила на авторското право от плагиатство
(Cultural Values and the Aspects of Roman Law on the Protection of Copyright from Plagiarism)

  • Author(s):Malina Novkirishka- Stoyanova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law
  • Page Range:153-196
  • No. of Pages:44
  • Keywords:Cultural wealth; cultural values; contemporary law; Roman law; copyright; plagiarism
  • Summary/Abstract:The article specifies briefly the legal terminology used in Bulgarian legislation in relation to the cultural wealth – “cultural wealth”, “cultural heritage”, “cultural values”, respectively combined with the modifiers “national”, “historical”, “world”, etc. Considering the entire review of this legislation, the law in its historical development doesn’t conform to the notion of a cultural value. It is assigned an “official role” – to establish order and conditions for protection and preservation of cultural values, which are public domain.In this respect, although there is not a legal regulation in Roman law, the main topic of the article – plagiarism – is essential in contemporary law on the protection of cultural values and especially for the protection of copyright. The article is dedicated to plagiarism related mostly to the works of fiction literature. The conclusion offers a brief overview of the rules and principles of Roman law bearing universal validity in modern times as well.
  • Price: 5.00 €
Ролята на ценностите при формиране и развитие на правните институти

Ролята на ценностите при формиране и развитие на правните институти
(The Role of Values in the Formation and Development of Legal Institutes)

  • Author(s):Boyka Cherneva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Law on Economics, Sociology of Law
  • Page Range:197-221
  • No. of Pages:25
  • Keywords:Legal culture; legal institution; cultural valuеs; moral content of law
  • Summary/Abstract:The article presents the legal institute as an element of socioculture in societies. The discussion is focused on the difficulties in defining legal culture, which is seen as an element of culture as a whole. Legal culture is understood in two ways: 1) the development of law as part of human civilization and 2) the art of the lawyer to apply the law.The article examines the institutionalization of values in law in order to explore the impact of socio-culture in building the legal institutes. The main conclusion is that the durability and flexibility of legal institutes as an element of the legal system is due to the influence of values as moral ideals on the content of law.
  • Price: 4.50 €
Конституционни измерения на българската културна идентичност

Конституционни измерения на българската културна идентичност
(Constitutional Dimensions of Bulgarian Cultural Identity)

  • Author(s):Hristo Paunov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Constitutional Law
  • Page Range:222-236
  • No. of Pages:15
  • Keywords:Cultural identity; Constitution; statutory regulation of cultural values; safeguarding of cultural heritage
  • Summary/Abstract:The cultural heritage of the nation along with its material and spiritual dimensions is an important factor for realizing the cultural belonging of each individual, as well as of society as a whole. To this end, the cultural heritage and cultural values of a people constitute an emanation of its cultural identity, and the preservation and respect for this heritage and these values is an expression of the respect to the very people and its national identity. Therefore, the act of juridical regulation at the constitutional level of the principle that everyone is entitled to benefit from the national and universal human cultural values is in and of itself an act of enshrining the right of cultural identity in the Constitution.Cultural identity and supporting the basic principles in relation to the legal framework of cultural heritage have their constitutional dimensions from the perspective of their guaranteeing by the Fundamental Law of the country.Bulgarian cultural identity is outlined as a core of values and principles set forth, expressed and defined in Bulgarian constitutions from the Liberation to the present day. The legitimate definition of the Bulgarian cultural identity is reflected in the constitutional development of Bulgaria and the dimensions of that development are the subject of the present report.
  • Price: 4.50 €
Правото на култура като елемент от българската конституционна идентичност

Правото на култура като елемент от българската конституционна идентичност
(The Right to Culture as an Element of Bulgarian Constitutional Identity)

  • Author(s):Radoslava Yankulova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Constitutional Law
  • Page Range:237-250
  • No. of Pages:14
  • Keywords:Constitutional Court; constitutional identity; the right to culture; cultural values
  • Summary/Abstract:The article aims to identify the elements of the Bulgarian constitutional identity that preserve and maintain the cultural traditions of the society. The core of values encoded in the fundamental right to culture, which is not of transitional nature and cannot be altered under the pressure of supranational processes or phenomena, crystallises in the case law of the Bulgarian Constitutional Court, which is also subject to analysis.
  • Price: 4.50 €
Произходът и информацията за него като право и културна ценност съгласно практиката на ЕСПЧ по чл. 8 от ЕКПЧ

Произходът и информацията за него като право и културна ценност съгласно практиката на ЕСПЧ по чл. 8 от ЕКПЧ
(The Origin and the Information about It as a Right and Cultural Value according to the Practice of the ECtHR)

  • Author(s):Mihail Malchev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law
  • Page Range:251-273
  • No. of Pages:23
  • Keywords:European Convention for the Protection of Human Rights; origin; origin information; subjective law; cultural values; case law
  • Summary/Abstract:Origin and information about it is included in the right to identity and is an integral part of the right to privacy. The European Convention for the Protection of Human Rights protects this important interest for the particular individual and society as a whole. Clarification of the concept of origin and information about it as an essential element of the right to identity is based on an analysis of the case law of the European Court of Human Rights (ECtHR). In this respect, current and discussion questions of origin and information about it according to the ECtHR practice under Article 8 of the European Convention on Human Rights are discussed. Special attention has been paid to the judgments delivered by the Court in cases against the Republic of Bulgaria.
  • Price: 4.50 €
Достъп на лица с увреждания до културните ценности

Достъп на лица с увреждания до културните ценности
(Access of People with Disabilities to Cultural Values)

  • Author(s):Lejman Tyuleoglueva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Sociology of Law
  • Page Range:274-286
  • No. of Pages:13
  • Keywords:People with disabilities; age; equality; values; damage; adaptivity; inclusion
  • Summary/Abstract:People with disabilities are defined as the largest minority in the world, but unlike most minority groups, it is an open membership: each of us can become a member at any time, be it due to an accident, illness or old age.The United Nations Convention on the Rights of People with Disabilities, adopted in 2006, is the first legally binding international UN Disability document that regulates the minimum standards governments have to comply with so as to ensure that people with disabilities benefit from their civil, political, economic and social rights, including access to cultural values.
  • Price: 4.50 €
Романтичните представи на професор Стефан Савов Бобчев за нематериалните културни ценности с юридическо значение

Романтичните представи на професор Стефан Савов Бобчев за нематериалните културни ценности с юридическо значение
(The Romantic Notions of Professor Stefan Savov Bobchev of Intangible Cultural Values of Legal Importance)

  • Author(s):Plamen Mitkov Kalev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, History of Law
  • Page Range:287-299
  • No. of Pages:13
  • Keywords:Historical legal school; Romanticism
  • Summary/Abstract:In this study, we set forth the task formulated in the title to reveal one of the contributions of Professor Stefan Savov Bobchev, not only for the development of the historical legal school but also for overcoming the criticism towards it, as his romantic ideas to the intangible cultural values of legal importance undoubtedly constitute such contribution.
  • Price: 4.50 €
Екологоправни аспекти на културно-историческото наследство на Република България

Екологоправни аспекти на културно-историческото наследство на Република България
(Some Environmental Law Aspects of the Cultural and Historical Heritage of the Republic of Bulgaria)

  • Author(s):Georgi Penchev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:303-323
  • No. of Pages:21
  • Keywords:Environmental Law Aspects; cultural and historical heritage; Republic of Bulgaria
  • Summary/Abstract:This article is dedicated to some environmental law aspects of protection of the cultural and historical heritage in the Republic of Bulgaria. Attention is paid to some legal tools for its protection mainly under the Environment Protection Act of 2002, as well as to some terminological problems. Finally, some more general conclusions are drawn from the regulation under review.
  • Price: 4.50 €
Пасивни субекти в данъчното право – културни аспекти

Пасивни субекти в данъчното право – културни аспекти
(Passive Subjects in Tax Law – Cultural Aspects)

  • Author(s):Krasimir Mutafov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Law on Economics
  • Page Range:324-340
  • No. of Pages:17
  • Keywords:Tax law; passive subjects; cultural aspects
  • Summary/Abstract:The article is dedicated to the passive subjects in tax law. A comparison is made between the terms “tax subject” and “tax payer”, as the defended opinion is that the first term has a broader meaning than the second one. The provision of Art. 14 of the Tax-Insurance Procedure Code is subjected to critical analysis. The different tax preferences used by the entities when performing an independent economic activity in the field of culture are reviewed, as de lege ferenda proposals are simultaneously made for an amendment of the currently active regulations regarding the reviewed matter.
  • Price: 4.50 €
Проблеми, свързани с приложението на чл. 277а от НК и чл. 278б от НК относно недвижимото културно наследство

Проблеми, свързани с приложението на чл. 277а от НК и чл. 278б от НК относно недвижимото културно наследство
(Problems Related to the Application of Art. 277a of the Criminal Code and Art. 278b of the Criminal Code Regarding Immovable Cultural Heritage)

  • Author(s):Daniela Doncheva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law
  • Page Range:341-352
  • No. of Pages:12
  • Keywords:Crimes; cultural values; archeological values; cultural heritage
  • Summary/Abstract:In the Criminal Code of the Republic of Bulgaria special texts are provided, explaining crimes against cultural and archaeological values, which are part of our cultural heritage. The texts are provided in Chapter Eight: “Crimes against the activity of governmental bodies, communal organizations and people executing public functions”, Section I “Crimes against the order of management”.The report offers a review of crimes pertaining to cultural and archaeological riches, the problems associated with their application and their reflection in the effectiveness of the protection of said communal relations. An analysis is made of the concepts used by the Criminal Code for formulation of the object of the crimes. Attention has been paid to the compositions of the different types of crimes and their punishment; the existing case law related to such crimes is discussed.
  • Price: 4.50 €
Културните ценности като предмет на престъпления. Някои проблеми на наказателноправната защита на културното наследство

Културните ценности като предмет на престъпления. Някои проблеми на наказателноправната защита на културното наследство
(Cultural Values as Object of Crimes. Some Problems of the Criminal Law Protection of Cultural Heritage)

  • Author(s):Krassimir Manov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law
  • Page Range:353-378
  • No. of Pages:26
  • Keywords:Cultural values; cultural heritage; archeological site; Criminal Code; crimes; object of crime
  • Summary/Abstract:The protection of cultural heritage would be incomplete without criminal protection by criminalizing offenses on cultural values. Before the adoption of the Law on Cultural Heritage and the relevant amendment and supplement to the Criminal Code of 2009, Bulgarian criminal law settled schematically this matter. An attempt has been made then to establish a significantly more comprehensive system of crimes involving cultural values. However, a number of problems arise from the necessity to relate the concepts set out in the Law on Cultural Heritage to the individual elements of the crimes under the Criminal Code. For example: the concept of cultural value and the objects of crime; the conditions provided for carrying out various activities with cultural values and the definition of some offensive acts, consequences involving public hazards, etc.
  • Price: 4.50 €
Свободата на религиозното самоопределение и наказателноправната ѝ защита в Република България

Свободата на религиозното самоопределение и наказателноправната ѝ защита в Република България
(The Freedom of Religious Self-determination and Its Criminal Defence in the Republic of Bulgaria)

  • Author(s):Mariya Mihaylova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law
  • Page Range:379-394
  • No. of Pages:16
  • Keywords:Criminal defence; cultural values; inviolability of religious temples; prayer houses; sanctuaries and their symbols
  • Summary/Abstract:The report examines only one aspect of the criminal defence of freedom of religion in Bulgaria – the protection of the inviolability of religious churches, prayer houses, sanctuaries or adjoining buildings, their symbols and tombstones, which is provided in Art. 164, para. 2 of the Bulgarian Criminal Code. The question of when the subject of a criminal offense under Art. 164, para. 2 of the Criminal Code constitutes a cultural value under the Cultural Heritage Act has been examined. The manner in which this circumstance affects the responsibility of the perpetrator of the crime is analyzed.
  • Price: 4.50 €
Разрушаването на културно наследство: военно престъпление по Римския статут

Разрушаването на културно наследство: военно престъпление по Римския статут
(The Destruction of Cultural Heritage: a War Crime under the Rome Statute)

  • Author(s):Gergana Gozanska
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, International Law, Court case
  • Page Range:395-411
  • No. of Pages:17
  • Keywords:Case of “The Prosecutor v. Ahmad Al Faqi Al Mahdi”; International Criminal Court; destruction of cultural heritage as a war crime
  • Summary/Abstract:The report focuses on the verdict of the case of “Тhe Prosecutor v. Al Ahmad Al Faqi Al Mahdi” from 27 September 2016 by the International Criminal Court. This is the first verdict of this court, with which the destruction of the cultural heritage is qualified as a war crime. The report initial part contains an overview of the facts and circumstances of the case and topical notes regarding the jurisdiction of the International Criminal Court. Attention is focused on the motives and conclusion of the legal proceeding panel upon ruling on the case, whereby Al Mahdi was sentenced to nine years of imprisonment for the destruction of nine mausoleums and a mosque in Timbuktu, Mali in the period 30 June 2012 – 11 July 2012.
  • Price: 4.50 €
Ценностни предизвикателства пред правото на образование и неговата международноправна закрила

Ценностни предизвикателства пред правото на образование и неговата международноправна закрила
(Value Challenges before the Right to Education and Its International Law Protection)

  • Author(s):Paunita Petrova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law
  • Page Range:412-430
  • No. of Pages:19
  • Keywords:Right to education; International law; International legal protection
  • Summary/Abstract:International law governs and protects the right to education, and its content can be derived from international law sources. More importantly, in the era of the Fourth Industrial Revolution, international law must look at the right to education within a single uniform system of other rights, such as the right to labour, in order to respond to the challenges of the digitalizing world.
  • Price: 4.50 €
Правна закрила на културните ценности според правилата на международното частно право

Правна закрила на културните ценности според правилата на международното частно право
(Legal Protection of Cultural Values according to Private International Law)

  • Author(s):Diana Marinova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, International Law
  • Page Range:433-459
  • No. of Pages:27
  • Keywords:Cultural values; Private International Law (PIL); applicable law; legal protection
  • Summary/Abstract:The present paper is dedicated to legal protection of cultural values where they are the object of relationships with an international element whose legal regulation has been of interest to more than one country. These frequently arising relationships have been analyzed and particularly, the property relationships have been mentioned because in Private International Law (PIL) “cultural values” is understood mostly as objects, recognized as cultural monuments.With the aim to provide a more profound presentation of the subject of this research, the paper has mentioned and analysed both the national regulation under the PIL Code, and the international legal regulation under some of the most important international acts, such as UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects. Important place has also been given to the supranational legal regulation in the EU law acts – contracts, regulations and directives.The general problem presented by this research is to determine the law applicable to disputes with an international element dealing with cultural values. The answer of this basic PIL question has been given in the light of national, supranational and international regulation.
  • Price: 4.50 €
Придобиване на съкровище – вещноправни и наказателноправни аспекти

Придобиване на съкровище – вещноправни и наказателноправни аспекти
(Acquisition of Treasure – Property Law and Criminal Law Aspects)

  • Author(s):Petya Konstantinova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law
  • Page Range:460-477
  • No. of Pages:18
  • Keywords:Acquisition of treasure; property law; criminal law
  • Summary/Abstract:The article seeks answers to some questions about the acquisition of a treasure in which there are movables that have a status of cultural values. From the point of view of property law, the questions about the essence of the acquisition method are examined. The rights and obligations of both the treasurer and the state under the Property Act and the Cultural Heritage Act are analyzed. From the point of view of criminal law, attention is paid to the means of combating and countering, adopted by the European criminal law systems, in view of international standards concerning crimes against cultural values. The aim is to make a distinction between crimes where cultural values are the subjects of violation and the text outlined within the system of crimes against property in Art. 208, para. 4 of the Criminal Code pertaining to objects with cultural value contained in a treasure.
  • Price: 4.50 €
Музеят по българското право

Музеят по българското право
(Museum Under Bulgarian Law)

  • Author(s):Angel Shopov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Law on Economics, Sociology of Law
  • Page Range:478-503
  • No. of Pages:26
  • Keywords:Museum; cultural heritage; legal entity; activity in the interest of the community and for public benefit
  • Summary/Abstract:The analysis of the legal regime of museums searches for solutions to a number of issues, such as whether museums should be qualified as legal objects or as legal subjects. The latter prevails because our national legislator has recognized museums as a type of legal subject – legal entities (persons). The author scrutinizes museums' features as legal entities by clarifying their legal status and specifics in terms of the various general classifications of legal persons. In addition, some of the more important special classifications of museums as a particular kind of legal entity are considered.
  • Price: 4.50 €
Опазване и управление на движимите културни ценности: Проблеми и перспективи в дейността на Регионален исторически музей – Пловдив

Опазване и управление на движимите културни ценности: Проблеми и перспективи в дейността на Регионален исторически музей – Пловдив
(Safeguarding and Management of Movable Cultural Values: Problems and Prospects in the Activity of the Regional Historical Museum – Plovdiv)

  • Author(s):Tanya Yoncheva, Vidin Sukarev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
  • Page Range:504-522
  • No. of Pages:19
  • Keywords:Movable cultural values; Cultural Heritage Act; establishing; management and identification of museum funds
  • Summary/Abstract:In 2019 will be ten years from the repeal of the old Law on monuments of culture and museums and its replacement with the Law on cultural heritage. The obligations, practices and activities in the work of museums, provided for in the new regulations and adapted to the requirements of the contemporary world and European legal norms, have led to various issues and difficulties. Main subject of this survey is the application of the provisions, related to the identification of movable cultural values and their registration in museum funds in practice of Plovdiv regional historical museum. At the same time will be discussed and analyzed other topical problems and issues in the system of cultural heritage protection in both legal and museum work aspect.
  • Price: 4.50 €
За някои трудности, които срещат регионалните музеи при приложението на Закона за културното наследство

За някои трудности, които срещат регионалните музеи при приложението на Закона за културното наследство
(The Cultural Heritage Act and Some Difficulties in the Process of its Practical Implementations by the Regional Historical)

  • Author(s):Vanya Ivanova
  • Language:Bulgarian
  • Subject(s):History, Law, Constitution, Jurisprudence, Cultural history, Civil Law, Local History / Microhistory
  • Page Range:523-550
  • No. of Pages:28
  • Keywords:Regional historical museum in Bulgaria; the Cultural Heritage Act; legal framework; museum staff; practical implementation of laws and bylaws
  • Summary/Abstract:Some of the individual aspects of the quoted problem have already been the topic of discussion in specialized publications after the adoption of the Cultural Heritage Act (CHA) and the ensuing secondary legislation (regulations, rules, classifier of basic museum occupations). They include articles, reviews or opinions (including online) along with a monograph devoted to the overall activity of regional historical museums in Bulgaria.The issues already outlined include the mechanisms of museums’ financing; a museum director’s nomination and possible dependences; in/adequate levels of competence of local authorities in the field of tangible and intangible cultural heritage; an absence of unified museum software and delaying digitalization of artefacts; an actually non-existent Register of artefacts that are national wealth.It is also possible to add: inadequate (or in fact missing) professional background of a large number of employees in the museums’ staff; absence of precise and more specific obligatory qualifications (theoretical education and practical skills) at the national level, in order to be appointed at the main positions in the museums; unjustifiably high or insufficiently clear criteria for inclusion in the various types of registers that should be established pursuant to the requirements of CHA, etc.
  • Price: 4.50 €
Ролята на народните читалища за опазването на културното наследство – правни аспекти

Ролята на народните читалища за опазването на културното наследство – правни аспекти
(The Part National Community Centres Play for Safeguarding Cultural Heritage – Legal Aspects)

  • Author(s):Ivan Karchev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law
  • Page Range:551-576
  • No. of Pages:26
  • Keywords:Cultural heritage; national community centres; legal status; legal differentiation
  • Summary/Abstract:Preserving our cultural heritage has been of utmost importance through the years, regardless of the political and economic situation in the country. It is possible to assume that culture, in its most complete range of material and immaterial elements, is one of the pillars of one nation’s identity, both in its national and international aspects. Law is closely connected to public relations as far as our culture and cultural heritage is concerned. This is proved by the establishment of community centres – a unique form of Bulgarian cultural organization legally founded on freedom of civil communities and an act of charity. The present article is aimed at offering an explanation of the legal status of national community centres from their first appearance to modern days. Last, but not least, legal issues and offered for discussion along with proposed solutions in order for the community centres to function properly within the modern legal system. The public nature of such organizations, the need of their legal differentiation from foundations, associations and other NGOs by means of explicit legislation norms is emphasized. The material base, the economic activity of the community centres, the administrative burden their coordinators encounter is illustrated and the necessity for improvement in the future legislation is pointed out. Importantly, it has been almost a year since the community centres were included in UNESCO’s list for keeping good practices for safeguarding immaterial cultural heritage. In that regard, there is the necessity of state policy concerning the development of these purely Bulgarian cultural centres via good practices and the legal power of the local administration processes.
  • Price: 4.50 €
Търговскоправни аспекти на учредителния апорт с предмет културни ценности

Търговскоправни аспекти на учредителния апорт с предмет културни ценности
(Commercial Law Aspects of the Incorporation Contribution in Kind of Cultural Values)

  • Author(s):Izabela Petkova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Law on Economics, Commercial Law
  • Page Range:577-602
  • No. of Pages:26
  • Keywords:Immovable cultural values; movable cultural values; incorporation contribution in kind; independent appraisers
  • Summary/Abstract:The richness of a people’s traditions, its national and conceptual evolution is preserved through the memory of its cultural heritage. To ensure its longevity and endurance in time, however, appropriate safeguarding is required. The profoundness of research predetermines knowledge not only of the classical regulations but also of the regulations that although seemingly not pertinent to the matter, underlie the arising of various legal cases. The present article is aimed at summarizing some of the more important internal commercial law aspects of cultural heritage related to company law. More specifically, the various prospects for making an incorporation contribution in kind of objects with the status of cultural values will be discussed.
  • Price: 4.50 €
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