Сборник от научни четения, посветени на 140-годишнината от приемането на Търновската конституция
Collection of Scientific Readings Dedicated to the 140th Anniversary of the Adoption of the Tarnovo Constitution
Contributor(s): Hristo Paunov (Editor)
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, International Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: Collection of scientific readings; Tarnovo Constitution;
Bulgarian Law
Summary/Abstract: In 2019, 140 years have passed since the adoption of the Tarnovo Constitution. On this occasion, the Departments of Public Law and Criminal Law at the Faculty of Law of Plovdiv University "Paisii Hilendarski" organized scientific readings to mark the 140th anniversary of the Tarnovo Constitution.This collection contains the main materials presented by the participants - scientists from law faculties and other scientific institutions in the country, and this is an indisputable testament to the representative nature of the event. The collection presents works of both established names in legal science and young authors who publish some of their first scientific works. We hope that the proposed research will arouse the professional interest of all representatives of the legal profession, and that the collection will be a useful read for both teachers and students of law, as well as for practicing lawyers.
- Print-ISBN-13: 978-954-28-3043-6
- Page Count: 492
- Publication Year: 2019
- Language: Bulgarian
Правомощия на областния управител по опазване на околната среда в Република България
Правомощия на областния управител по опазване на околната среда в Република България
(Environmental Powers of the Governor in the Republic of Bulgaria)
- Author(s):Georgi Penchev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Constitutional Law
- Page Range:11-20
- No. of Pages:10
- Keywords:Governor; environmental protection; Republic of Bulgaria
- Summary/Abstract:The legal nature of the figure of the governor is one of debatable questions of the Bulgarian legal doctrine. In this article is carried out an attempt for additional argumentation of a concept about the governor as a regional body of the executive power. Attention is paid to the environmental protection powers of the governor under the Bulgarian environmental legislation.
- Price: 4.50 €
За юридическата отговорност за нарушения на закона от публични институции
За юридическата отговорност за нарушения на закона от публични институции
(On Liability for Offences of Law by the Public Institutions)
- Author(s):Yanaki Stoilov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
- Page Range:21-30
- No. of Pages:10
- Keywords:legal liability; offense; public institution; individual and normative administrative acts; constitutional justice; action and omission; legal protection; right to good administration
- Summary/Abstract:: This article addresses the complex and current problem of legal liability in cases of breach of regulations by public institutions.The first part deals with the general questions of responsibility for breaking the law by such institutions. Institutions to which the state entrusts the performance of public functions are becoming more and more obliged to hold them accountable in case of violation of the rights of natural and legal persons. The discretion of public authorities at national and European level tends to be limited by the rights of citizens and the principle of legal equality. Offenses committed by public institutions may be committed by action or omission. It is more difficult to exercise liability in the event of inaction, because in many cases it is not possible for another authority to issue the legal act necessary for the realization of the rights.The second part deals with the issue of legal protection when normative acts violate the law. Cases have been considered with regard to under-laws acts contrary to the law as well as to laws which are contrary to the constitution. Attention has been paid to cases where a law has been declared unconstitutional but no action has been taken to settle the consequences on the part of the body issuing the unlawful act. Decisions are justified that take into account the need to reconcile the rule of law, the supremacy of the constitution and the separation of powers. The measures taken at European level against unlawful actions/omissions of public institutions are also noted. The introduction of the right to good administration plays a special role in this regard.
- Price: 4.50 €
140 години от създаването на Търновската конституция
140 години от създаването на Търновската конституция
(140th Anniversary of the Adoption of the Tarnovo Constitution)
- Author(s):Hristo Paunov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Constitutional Law
- Page Range:31-37
- No. of Pages:7
- Keywords:Tarnovo Constitution; Bulgaria; founding act;Bulgarian constitutionalism
- Summary/Abstract:Contemporary Bulgarian constitutionalism has deep and solid foundations laid in the National Revival era. On April 16, 1879, representatives of the Bulgarian people, gathered in the old Bulgarian capital – Tarnovo, adopted the Constitution of the Bulgarian Princedom, known as the Tarnovo Constitution. It is the first Bulgarian founding act that revived Bulgaria for a new political life, paving the way to its modern European statehood. This paper is dedicated to the 140th anniversary of the adoption of the Tarnovo Constitution.
- Price: 4.50 €
Въпросът за образованието в текстовете на Търновската конституция
Въпросът за образованието в текстовете на Търновската конституция
(The Issue of Education in the Text of the Tarnovo Constitution)
- Author(s):Petya Nedeleva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Constitutional Law
- Page Range:38-44
- No. of Pages:7
- Keywords:education; Tarnovo Constitution; Constituent Assembly; initial training; Liberation
- Summary/Abstract:The debate over the need for compulsory education and the set of educational standards in various texts of the first Bulgarian constitution, known as the Tarnovo Constitution, highlights the importance of the issue for the constitutional assembly members. The clearly recognized need to reduce illiteracy among the population and to create specialists necessary for the development of the country affects the duration of the debate and the diversity of opinions when discussing the provisions. Recognized as one of the most democratic constitutions of its time, the Tarnovo Constitution contains the entire classical catalog of human rights and freedoms, among which the right to free compulsory education,enshrined in Art. 78 of the final text of the basic law.
- Price: 4.50 €
Осъждането като конституционно основание за освобождаване от публична длъжност
Осъждането като конституционно основание за освобождаване от публична длъжност
(Conviction as a Constitutional Reason for Dismissal from Public Office)
- Author(s):Zornitsa Yordanova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
- Page Range:45-62
- No. of Pages:8
- Keywords:conviction; criminal offence; dismissal from office; Constitution; public office
- Summary/Abstract:The paper reviews the constitutional grounds for dismissal from public office which results from a criminal conviction. A comparison is made between the conditions for different state officials provided in the Constitution and some suggestions are made for improvement of the regulation of the matter.
- Price: 4.50 €
Конституционното правосъдие и защитата на основните права
Конституционното правосъдие и защитата на основните права
(The Constitutional Justice and the Protection of Fundamental Rights)
- Author(s):Radoslava Yankulova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law
- Page Range:63-70
- No. of Pages:8
- Keywords:Constitutional Justice; Constitutional Complaint; Fundamental Rights
- Summary/Abstract:Over the years the Bulgarian Constitutional Court has established itself as the pillar of the fundamental rights and freedoms of the citizens and the irreversibility of the democratic processes. However, in the context of the growing influence of global constitutionalism it now faces a number of challenges of a new generation. The most significant democratic tool to meet these challenges is the individual constitutional complaint. The article aims to outline the parameters of future incorporation of the constitutional complaint in the Bulgarian legal order.
- Price: 4.50 €
За някои конституционни аспекти на националното и държавното единство
За някои конституционни аспекти на националното и държавното единство
(Constitutional Characteristics of National and State Integrity)
- Author(s):Blagoy Deliev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law
- Page Range:71-84
- No. of Pages:14
- Keywords:National integrity; state integrity; constitution; equality; sovereignty; fundamental right
- Summary/Abstract:The Preamble of the Constitution of the Republic of Bulgaria commits awareness of the irrevocable duty to safeguard the national and state integrity of Bulgaria. This is the responsibility of the current, past and future members of the nation and their representatives. If this irrevocable duty is fulfilled, there would be constitutional order and irrevocable fundamental rights. The development of national and state integrity is in direct connection with the symbols and world of the individual. This must be reflected in the Constitution.
- Price: 4.50 €
Признаци на понятията в правото. Умозаключения за тъждество в процеса по прилагане
Признаци на понятията в правото. Умозаключения за тъждество в процеса по прилагане
(Signs of the Legal Concepts. Conclusion for Identity in the Law Enforcement Process)
- Author(s):Doroteya Dimova-Severinova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
- Page Range:85-94
- No. of Pages:10
- Keywords:logical process of application of the legal norm; signs of the legal concepts; legal argumentation; conclusion for identity
- Summary/Abstract:Execution of the law in a philosophical aspect is a transition from general possibility through particular possibility in to a particular reality. In each law enforcement process, the decisive subject interprets the legal norm and discloses the signs of the different concepts in it. After determination of the facts from the case the law enforcement body should determine their relevant legal significance to the legal norm. Only then it can proceed to application of the consequences of the legal norm. In order to proceed to this final stage of the procedure it should come to a conclusion for identity between the normative facts and those from the case. This should be accomplished through the legal argumentation. This report aims to analyze the signs of the legal concepts; to draw the logical characteristic of the law enforcement process and to propose a way of forming the conclusion for identity trough the knowledge for the signs of the concepts and logical legislation for the common, specific and single in the law.
- Price: 4.50 €
Основи на информационната сигурност в обществените отношения
Основи на информационната сигурност в обществените отношения
(Foundations of Information Security in Public Relations)
- Author(s):Boryana Hinova
- Language:Bulgarian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Civil Law, Communication studies
- Page Range:95-104
- No. of Pages:10
- Keywords:Information security; public systems; methods and tools; protection of information security
- Summary/Abstract:The report raises questions about the place and role of information security in the construction and functioning of public relations. The author does not restrict the topic only to presenting the essence, terminology and concept of information security, but points out the methods and means to guarantee it in the course of social relations in the social systems. The report also focuses on ways to protect information security in public systems
- Price: 4.50 €
Административният договор в правоприлагането след измененията в административно-процесуалния кодекс от 2018 г.
Административният договор в правоприлагането след измененията в административно-процесуалния кодекс от 2018 г.
(The Administrative Contract in Law Enforcement Following the Amendments to the Code of Administrative Procedure of 2018)
- Author(s):Darina Zinovieva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
- Page Range:107-111
- No. of Pages:5
- Keywords:administrative contract; law enforcement; administrative code; amendments
- Summary/Abstract:The article reviews the legal framework of the administrative contract in Bulgarian the Administrative Procedure Code (APC) and in special laws. The focus is on the amendments to the APC, which were made in 2018 and are also essential in the implementation of disputes related to the administrative contract. The main changes concerning this legal figure are outlined, examples are presented which illustrate the applicability of the amendments and the author's views on their suitability are presented.
- Price: 4.50 €
Изпълнителната власт според Търновската конституция
Изпълнителната власт според Търновската конституция
(The Executive Power According to Tarnovo Constitution)
- Author(s):Mariya Slavova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law
- Page Range:112-122
- No. of Pages:11
- Keywords:constitution; executive power; transition; culture; democracy; legal instruments; human rights
- Summary/Abstract:The 140th anniversary of the Tarnovo constitution gives a good reason to analyse the regulation of the Executive power according to its provisions in comparison to modern understanding of the executive power. Bulgarian perspective of the structure and activity of the Executive power today reflects the specific conditions of Bulgarian transition that influences the road of the country into European Union. The XXI century digital thinking chooses the wellbeing to the beliefs and values of the democratic world. The Bulgarian legislator in 1879 meant different values and developed different mechanisms about the state status then, which are better observed from today's point of view.,
- Price: 4.50 €
Необходимост от подобряване и модернизиране на нормативната уредба на териториялното устройство и планиране
Необходимост от подобряване и модернизиране на нормативната уредба на териториялното устройство и планиране
(Need for Improvement and Modernization of the Legislation of the Territorial Organisation and Planning)
- Author(s):Bogdan Yordanov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
- Page Range:123-130
- No. of Pages:8
- Keywords:Spatial planning; development and planning
- Summary/Abstract:The present paper is intended to prove the need to modernize the regulation of spatial organisation and planning by analyzing the current legislation on the matter. Rational decision-making solutions are seeked, using the experience of other countries and legislations, and proposals are made to modernize the regulatory framework for spatial organization and planning in Bulgaria.
- Price: 4.50 €
20 години от приемането на Закона за администрацията
20 години от приемането на Закона за администрацията
(20 Years from the Adoption of the Administration Act)
- Author(s):Konstantin Pehlivanov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
- Page Range:131-141
- No. of Pages:11
- Keywords:executive power; public administration; agencies; committees
- Summary/Abstract:20 years ago, the Administration Act was adopted, one of the acts underestimated in our law, which, however, successfully plays the role of a basic governing act that sets the basic rules for the structure of the executive power. Although criticized and demanding improvement, the Act succeeded in creating a legal framework for the structure of the administration following the different legal and organizational structures inherited by socialism and the spontaneous changes thereafter. The report briefly examines the major contributions of the law and the development of the ministerial rank created under this law.
- Price: 4.50 €
Специална данъчна правосубектност
Специална данъчна правосубектност
(Special Tax Legal Personality)
- Author(s):Krasimir Mutafov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Law on Economics
- Page Range:142-154
- No. of Pages:13
- Keywords:tax legal personality; registration; Value Added Tax Act
- Summary/Abstract:This report is dedicated to the issues connected to the special legal personality in the tax legislation of the Republic of Bulgaria, and it does not claim to be exhaustive. It shows an attempt of justifying the theoretical structure for the presence of a special tax legal personality in this legal branch, and, most specifically, in the taxation under the Value Added Tax Act and the Excise Duties and Tax Warehouses Act. The opinion on the presence of such a legal personality is based on the constitutional character of the registration of these two normative acts, allowing the entities to participate as legally qualified subjects on this basis, only within a specific circle of tax legal relations.
- Price: 4.50 €
Роботизацията в областта на медицината: предизвикателствата на технологичния напредък
Роботизацията в областта на медицината: предизвикателствата на технологичния напредък
(Medical Robotisation: The Challenges of Technological Progress)
- Author(s):Momchil Mavrov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Health and medicine and law
- Page Range:155-162
- No. of Pages:8
- Keywords:healthcare; robotic technology; robotic systems in healthcare
- Summary/Abstract:The progressive development of modern science and technology has led to substantial changes in the development of human beings. One of the brightest examples of these changes is the widespread use of information and communication technologies and the growing tendency to integrate robotic applications into different sectors of public life, particularly in the field of medicine and health. Robotic technology and artificial intelligence are increasingly discussed topics at international science seminars, and governments of countries such as the United States,Japan, China and the larger countries of the European continent encourage the development of medical robotics and devote increasing resources to inventions and innovations in the field.. This trend is strongly influenced by the current challenges facing health systems such as, for example:shortage of skilled workers, population aging globally, the growth of chronic diseases, the increasing cost of medical care. These negative factors require innovative and adequate solutions to ensure, on the one hand, sustainable and stable health systems and, on the other hand, to guarantee the quality of medical care to the population.
- Price: 4.50 €
Правни проблеми на спешната медицинска помощ в Република България
Правни проблеми на спешната медицинска помощ в Република България
(Legal Issues of the Emergency Medical Care in the Republic of Bulgaria)
- Author(s):Antonia Ilieva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Health and medicine and law
- Page Range:163-169
- No. of Pages:7
- Keywords:emergency medical care; healthcare; patient’s rights
- Summary/Abstract:In today's society, the concept of health care is based on the priority of medical diagnostic practices, which are oriented mainly to the prevention and prophylaxis of public health.Such priority is logical, given the practical and legislative experience gained, in the period of reforming the health system. The final estimate of each medical intervention performed on the patient is directly related to his / her current state of health. In this sense, in recent years, emergency medical care has emerged as the most problematic unit in the healthcare structure. The purpose of this review is to analyze and summarize the practical and legal problems encountered in the field and in the provision of emergency medical care, as well as to propose relevant solutions for their gradual resolution.
- Price: 4.50 €
Административен контрол по устройство на територията и строителството
Административен контрол по устройство на територията и строителството
(Administrative Control Over Spatial Planning and Construction)
- Author(s):Boyan Todorov Georgiev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:170-179
- No. of Pages:10
- Keywords:administrative control; spatial planning; illegal construction; administrative acts
- Summary/Abstract:Administrative control is exercised by organs that is involved organizationally in the executive power system. A special case is observed in the field of territorial and spatial planning– all forms of administrative control occur without exception. In general, the control powers of the administrative organs for spatial planning and construction are in three directions: І. Undertaking measures to prevent the illegal construction and elimination of its consequences; II. Exercising control over the legality and expediency of administrative acts, actions and in actions in the field of spatial planning and construction; III. Investigation, inspection and registration of construction accidents and solving of technical disputes between the construction participants.
- Price: 4.50 €
Заобикаляне на данъчния закон
Заобикаляне на данъчния закон
(Circumvention of the Tax Law)
- Author(s):Elina Marinova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:180-191
- No. of Pages:12
- Keywords:tax law circumvention; tax avoidance; tax abuse
- Summary/Abstract:The circumvention of the tax law is a specific legal concept with primary function to correct the unlawful results that a purely formal implementation of the tax law could lead to. The paper examines the nature of the notion, its application and legal consequences.
- Price: 4.50 €
Неосчетоводените фактури като основание за извършване на ревизия по чл. 122 от ДОПК
Неосчетоводените фактури като основание за извършване на ревизия по чл. 122 от ДОПК
(The Unaccounted Invoices as a Cause for Conducting an Audit under art. 122 of the TSSPC (Tax and Social Security Procedural Code))
- Author(s):Nedyalka Petrova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Law on Economics
- Page Range:192-207
- No. of Pages:16
- Keywords:unaccounted invoices; suppliers; concealed income; bound competence; operational independence; evidence; transfer of goods; forensic examination; rebuttable presumption
- Summary/Abstract:The purpose of this scientific study is to examine one of the most common reasons for conducting an audit in the special order of Art. 122, para. 1, item 2 of the TSSPC, in cases where the revenue authorities find evidence of concealed revenue or income, because the obliged party did not report in its accounting, invoices for delivery of goods related to its activities, issued in its name by its suppliers. The article analyzes the court practice and the practice of the NRA, discusses the most important and controversial issues related to the topic.
- Price: 4.50 €
Актуални въпроси в съдебната практика относно действие във времето на нормативните административни актове
Актуални въпроси в съдебната практика относно действие във времето на нормативните административни актове
(Recent Questions in Case Law Concerning Temporal Action of Regulatory Administrative Acts)
- Author(s):Elisaveta Paunova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Court case
- Page Range:208-213
- No. of Pages:6
- Keywords:temporal action; retroactive action of legal norms
- Summary/Abstract:The following research has the purpose to emphasize the importance of questions concerning retroactive effect of regulatory administrative acts in the light of a legal case with a significant concern for the lawful recruitment in the judicial system, more precisely in cases of promotion and displacement of judges, prosecutors and investigators.
- Price: 4.50 €
Решения на КЗК в производството по обжалване на актове на възложителя по ЗОП
Решения на КЗК в производството по обжалване на актове на възложителя по ЗОП
(Decisions of the Commission for Protection of Competition in the Appeal Proceedings Against Acts of the Assignor Under the Public Procurement Act)
- Author(s):Atanas Kostadinov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Court case
- Page Range:214-222
- No. of Pages:9
- Keywords:decision; appeal; public procurement; Commission for protection of competition; scope of verification; defect
- Summary/Abstract:This report examines the issue of the decisions of Commission for Protection of Competition in the appeal proceedings against acts of the Assignor under the Public Procurement Act. The basic requirements that each CPC decision must meet are presented. The questions of the legal nature of the Commission's decisions and the scope of the examination it carries out in the appeal proceedings under the Public Procurement Act are examined. The various options for the Commission's decision have been thoroughly examined depending on the outcome of the examination. Attention was drawn to the legal consequences of Commission decisions and, the procedure for appealing them and the impact on the contracts already signed before the date of the decision of the Commission for Protection of Competition.
- Price: 4.50 €
Понятието за публично вземане и неговото развитие в българското право
Понятието за публично вземане и неговото развитие в българското право
(The Concept of Public Claim and Its Development in Bulgarian Law)
- Author(s):Donka Pehlivanova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Commercial Law
- Page Range:223-234
- No. of Pages:12
- Keywords:public revenue; tax law; financial law
- Summary/Abstract:A state's fiscal policy is a key pillar in its governance and provision of necessary funds in the form of public claim. Without the latter, the state as an organizational unit could not exist and develop. The task of the report is to trace the development of the concept of public revenue in Bulgarian law, being limited in the period from the establishment of the Third Bulgarian State to this moment. Accordingly, three stages will be examined in turn, namely: first stage – Kingdom of Bulgaria, second stage – Bulgaria during socialism and third stage – revenue legislation in modern development.
- Price: 4.50 €
Органи на изпълнителната власт в сферата на уврежданията в българското законодателство
Органи на изпълнителната власт в сферата на уврежданията в българското законодателство
(Executive Bodies of Power in the Area of Disability in the Bulgarian Law)
- Author(s):Iliyana Miteva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Health and medicine and law
- Page Range:235-247
- No. of Pages:13
- Keywords:people with disabilities act; personal assistance act; executive bodies of power in the field of disability; Bulgarian law; state administrative apparatus; capacity
- Summary/Abstract:This scientific study is dedicated to the executive bodies of power in the area of disability in Bulgarian law. Its actuality is related to the growing need to understand the legal construction of disability management. Attention is paid to the disability management bodies under the special PEOPLE WITH DISABILITIES ACT and PERSONAL ASSISTANCE ACT and separate secondary legislation acts. The analysis is accompanied by conclusions and suggestions for optimizing practice and legislation.
- Price: 4.50 €
Правен режим на верификацията на лекарства в България и в Европейския съюз
Правен режим на верификацията на лекарства в България и в Европейския съюз
(Legal Regime of Medicine Verification in Bulgaria and European Union)
- Author(s):Lilia Monova-Asenova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Health and medicine and law, EU-Legislation
- Page Range:248-264
- No. of Pages:17
- Keywords:Directive; EU Regulation; Law on Medicinal Products in Human Medicine; verification.
- Summary/Abstract:The protection of public health is one of the main benefits, both national and European level. The risk of increasing the threat of counterfeit medicines reaching the population of Bulgaria and the European Union (EU) has created a number of legislative changes in European and national legislation, as at present, the main means of patient protection is to be achieved through a system of activities related to the authentication of medicinal products offered on the territory of the European Union. The comprehensive system called medication verification comes into force and becomes mandatory for the whole of the EU from 9.02.2019, with the exception of three countries receiving an additional transitional period. The purpose of this scientific report is to present the legal regime of the system of activities related to drug verification, the statutory organizational and financial specifics of the participants in the process, as well as to identify and analyze potential problems and to propose alternative methods for solving them.
- Price: 4.50 €
Кратък анализ по възобновяване на административнонаказателното производство след последните законодателни промени в ЗАНН
Кратък анализ по възобновяване на административнонаказателното производство след последните законодателни промени в ЗАНН
(Brief Analysis of Renewal of Administrative Penal Proceedings After the Latest Legislative Changes in the LAw)
- Author(s):Miglena Garkova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:265-274
- No. of Pages:10
- Keywords:resumption; administrative criminal proceedings; legislative changes
- Summary/Abstract:The study analyzes the resumption of administrative punitive proceedings following the latest legislative changes in the LAW. The comparative method used to analyze various theoretical concepts aims to justify the need to improve and modernize the legal framework regulating this extraordinary way of repealing the enacting penal decrees and decisions on their legality disputes as well as the position of the author on the legislative changes, including proposals de lege ferenda.
- Price: 4.50 €
Новости в административно-финансовите изисквания при електронните отчети и фактури между лечебните заведения и НЗОК
Новости в административно-финансовите изисквания при електронните отчети и фактури между лечебните заведения и НЗОК
(New Developments in the Administrative-Financial Interactions Between Medical Establishments and the National Health Insurance Fund)
- Author(s):Emilia Angelova-Hovagimyan
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Health and medicine and law, Law on Economics
- Page Range:275-284
- No. of Pages:10
- Keywords:communication; Health Fund; electronic report;, electronic invoices; healthcare
- Summary/Abstract:Communication is the main driving force in the modern world. It can be complex,but it can also create new connections for an easier and more dynamic information sharing environment. With the introduction of newer techniques and technologies, improved speed and quality of data and information exchange are achieved. In recent years, new opportunities for communication between healthcare establishments and the National Health Insurance Fund have begun to be introduced. This has led to eliminating more and more errors, or at least minimizing them in terms of activities performed, outpatient examinations, clinical pathways, clinical procedures, medicines used. The novelties are the electronic reporting and the daily check of the submitted information by the medical institutions to the National Health Insurance Fund.
- Price: 4.50 €
Източници на съвременното българско наказатгелно право
Източници на съвременното българско наказатгелно право
(Sources of Modern Bulgarian Criminal LAw)
- Author(s):Daniela Doncheva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:287-294
- No. of Pages:8
- Keywords:criminal law; sources; judgement; interpretative judgements; legal norms
- Summary/Abstract:The article sees over with the theme of the sources of Bulgarian criminal law. Various types of sources are indicated, paying attention to the case law and in particular, to the interpreted Supreme Court of Cassation's judgements, which are giving a obligatory interpretation of criminal law norm.
- Price: 4.50 €
Разпоредителното съдебно заседание преодоля ли проблемите, с8вързани с неоправданото връщане на делата за доразслеване и спазването на принципа за приключване на наказателните производства в разумни срокове?
Разпоредителното съдебно заседание преодоля ли проблемите, с8вързани с неоправданото връщане на делата за доразслеване и спазването на принципа за приключване на наказателните производства в разумни срокове?
(Did the Operative Court Hearing Overcome the Problems associated with the Unjustified Return of Cases for Further Investigation and Compliance with the Principle of Closing Criminal Proceedings Within a Reasonable Time?)
- Author(s):Ivan Ranchev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Court case
- Page Range:295-309
- No. of Pages:15
- Keywords:changes in CCP; operative court hearing; reasonable time
- Summary/Abstract:The object of the current article is the follow-up of the changes in Criminal Procedure Code with the introduction of the institute at the operative court hearing. Attention is also paid to the problems encountered in the case law in applying it as a connecting stage to the pretrial and judicial phase of criminal proceedings. An analysis is made of the trends in the return of the prosecutor's case for further investigation before and after the introduction of this institute on a national scale and in the Plovdiv Court of Appeal. The author has also formulated his conclusions on the results of the legislative change aimed at reducing the unjustifiably returned cases to the prosecutor for further investigation and the completion of criminal proceedings within a reasonable time.
- Price: 4.50 €
Оперативно-издирвателните мероприятия - правни диспропорции и парадокси
Оперативно-издирвателните мероприятия - правни диспропорции и парадокси
(Criminal Investigations Operations and Methods - Legal Disparities and Paradoxes)
- Author(s):Milen Ivanov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:310-322
- No. of Pages:13
- Keywords:crime; law enforcement; methods and means of combating crime; operations; policing
- Summary/Abstract:The report examines the current problems of legal regulation of the activities of the law enforcement authorities of Bulgaria, which are related to the prevention, detection and suppression of crime. Analyzed is the state of the legal framework and implementation in bylaws on various structures. A comparative analysis of the methods and means for carrying out the activities of the authorities was made and conclusions were drawn on the status and necessary changes in order to guarantee the rights and freedoms of citizens.
- Price: 4.50 €
Мерките за борба срещу организираната престъпна група в рамките на Европейския съюз
Мерките за борба срещу организираната престъпна група в рамките на Европейския съюз
(Measures to Combat Organized Crime Within the European Union)
- Author(s):Petya Hadzhiyska
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation
- Page Range:323-330
- No. of Pages:8
- Keywords:organized criminal group; measures; sanction
- Summary/Abstract:The subject of this article is the organized crime and its measures within the EU.Particular attention shall be paid to the objectives to which the measures against this socially dangerous phenomenon are subordinated. The four-year plan adopted by the EU for combating serious and organized crime, also known as the ,,EU policy cycle“, covering the period 2019 to 2021, is examined in this connection which Member States should strive for, including the state of their implementation at national level by the Bulgarian state.
- Price: 4.50 €
Превишаване пределите на неизбежната отбрана
Превишаване пределите на неизбежната отбрана
(Exceeding the Boundaries of Inevitable Defense)
- Author(s):Vanya Todorova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:331-337
- No. of Pages:7
- Keywords:circumstance excluding public danger; inevitable defense; exceeding the boundaries of inevitable defense
- Summary/Abstract:The regulation of the institute of inevitable defense in our legislation is clear and does not give rise to problems in its practical application. The diversity of the cases in which this institute applies determines their different solution. This is the reason the institute of inevitable defense to be formulated in general. This makes the boundaries of inevitable defense quite flexible,adaptable to the specific features of each case. The case law practice in criminal cases has shown that, having casuistic content the legal provisions would not achieve the targeted effect as they cannot cover all possible life hypotheses where the institute of inevitable defense applies. This is not the purpose of the law. This is the primary goal of the law enforcement authorities.
- Price: 4.50 €
Действия на защитника във връзка със споразумението в наказателния процес
Действия на защитника във връзка със споразумението в наказателния процес
(Attorney's Actions in the Course of Plea Bargain in Criminal Procedure)
- Author(s):Vasil Kolev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:338-349
- No. of Pages:12
- Keywords:plea bargain; legal institute; verdict; attorney; prosecutor
- Summary/Abstract:The attorney's actions in relation to the plea bargain in criminal procedure have been examined, with an emphasis on the possible guidance which the attorney may provide to the accused party, both in the pre-trial and in the court trial phase of criminal procedure. The actions have been analysed through which a line of defense in relation to the prosecution can be developed, defending the interests of the accused party in the most efficient way and in the shortest possible terms.
- Price: 4.50 €
Общественият интерес в/и наказателния/т процес
Общественият интерес в/и наказателния/т процес
(The Public Interest in the/and the Criminal Process)
- Author(s):Silviya Tsankova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Civil Law
- Page Range:350-356
- No. of Pages:7
- Keywords:public interest; civil society; criminal process
- Summary/Abstract:The article deals with some issues that are relevant for the proper definition of the concept of "public interest" and hence its outline of its nature, meaning and role in the criminal process. It is concluded that the public interest, which is by no means identical with the so-called public pressure is conditioned by the socio-economic and social development of civil society and is a prime guarantee for the legitimate protection of a democratic society from adverse management decisions, including in the area of criminal policy.
- Price: 4.50 €
Ролята на европейската прокуратура за разследване на престъпления, засягащи финансовите интереси на Европейския съюз
Ролята на европейската прокуратура за разследване на престъпления, засягащи финансовите интереси на Европейския съюз
(The Role of the European Public Prosecutor's Office in the Investigation of Crimes Affecting the Financial Interests of the EU)
- Author(s):Chavdar Petrov Groshev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation
- Page Range:357-366
- No. of Pages:10
- Keywords:European Public Prosecutor’s Office; financial interests of the EU; cross-border crimes; Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of
- Summary/Abstract:The article represents the genesis of the necessity of establishing one future authority, whose method of operation and unified approach towards criminal investigation and tackling with cross-border crimes would lead to effective prosecution and cooperation between Member Sates. The author analyzes Council Regulation (EU) 2017/1939 of 12 October 2017 that draws the conception of the structure and competence of The European Public Prosecutor’s Office. The article stresses on the material jurisdiction of the future authority, which includes criminal offences such as fraud, corruption or serious cross-border VAT fraud, affecting the financial interests of the EU/reffered to in Directive (EU) 2017/1371/, with the open possibility of extending this jurisdiction in the near future. Emphasizing on these concrete type of crimes is due to the fact that they are wide scale within the EU and the scope of the annual financial damages to the EU`s budged is broadening, according to different sources such as The Report on the Protection of the EU's financial interests, covering the year 2010. The author reveals the contrasting attitudes of the EU Member States,the majority of which support the idea of overcoming the difficulties and the restrictions that are generated by prosecution at local level, by establishing The European Public Prosecutor’s Office,whereas the other counties are disinclined to transfer sovereignty to another prosecuting authority beyond national borders. The aim of this article is to illustrate the functions and the coordination between the European Prosecutor and the European Delegated Prosecutors in accordance with the investigation and prosecution of crimes affecting the financial interests of the EU.
- Price: 4.50 €
Пътят към създаване на европейската прокуратура. Структура, компетентност и приложимо право
Пътят към създаване на европейската прокуратура. Структура, компетентност и приложимо право
(The Road to Creating of the European Public Prosecutor's Office. Structure, Competence and Applicable Law)
- Author(s):Adelina Hadzhiyska
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation
- Page Range:367-376
- No. of Pages:10
- Keywords:European Public Prosecutor's Office; competence; mutual recognition; delegated prosecutors
- Summary/Abstract:This article aims to analyze the idea and spirit of the European Public Prosecutor's Office as an independent supranational body. In this regard, a review and analysis of TFEU provisions providing for its substantive competence has been carried out. Attention is drawn to its structure and interaction with other EU bodies. At the same time, emphasis is placed on the challenges that individual Member States will face when dealing with cases affecting the EU's financial interests.
- Price: 4.50 €
Исторически преглед на корупцията
Исторически преглед на корупцията
(Historical Overview of Corruption)
- Author(s):Ekaterina Roglekova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, History of Law, Criminal Law
- Page Range:377-386
- No. of Pages:10
- Keywords:corruption; bribe; history
- Summary/Abstract:The article provides an in-dept overview of the different visions and norms that have led to different perception of corruption throughout the millennia of legal, economic and social history. Corruption in Ancient Rome and Ancient Greece is of considerable importance for this topic, as well as the ideas, developed in the theses of Machiavelli, Montesquieu and Mandeville are of significant interest. The article presents some of the most interesting cases of corruption in different fields of social life from historical point of view.
- Price: 4.50 €
Контролът за пропорционалност и правото на собственост (влияние на европейската и конституционната практика)
Контролът за пропорционалност и правото на собственост (влияние на европейската и конституционната практика)
(Proportionality Test and the Right to Property (Influence of European and Constitutional Practice))
- Author(s):Lyuba Panayotova-Chalakova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
- Page Range:389-408
- No. of Pages:20
- Keywords:proportionality control; property; public benefit; public interest; legitimate purpose; case law; Constitutional Court; European Court of Human Rights; Additional Protocol No 1 to the European Convent
- Summary/Abstract:The purpose of this article is to analyse some of the decisions of the Bulgarian Constitutional Court and the European Court of Human Rights in Strasbourg regarding the protection of property right. This right is fundamental and receives protection in both domestic and European human rights law. In this respect, proportionality control is essential. Thanks to the interpretation of Art. 1 of the Additional Protocol, the European Court has achieved a major transformation. From a legal provision that seeks, above all, to secure the sovereign power of States, the court makes it a provision - instrument for the protection of property rights. The Court does so by subjecting interventions to property to a precondition, namely a fair balance. Proportionality control is the search for a balance between the common interest and that of individual private owners. The Court of Strasbourg has already given real control to measures that restrict property, not just those that take it away. The Constitutional Court, for its part, also increases its control by including proportionality as a criterion. A very important point in control is the availability of fair remedies as well as the procedures followed. In conclusion, as much as the protection of property rights has been updated,it still remains relative and incomplete. And this is because in this matter, both the European and the Constitutional Courts abstain from serious control of state objectives. They annul only extremely serious property interventions that clearly exceed any normality.
- Price: 4.50 €
Подсъдността по дела на потребители след промените в ГПК от 2018 г.
Подсъдността по дела на потребители след промените в ГПК от 2018 г.
(The Jurisdiction in Consumers Disputes After the Amendments of the CPC in 2018 Year)
- Author(s):Georgi Ganchev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Court case
- Page Range:409-417
- No. of Pages:9
- Keywords:Bulgaria; National Law; Legislation; Jurisdiction; Consumers law/protection/ disputes; Civil Procedure Code; Problems; Solutions
- Summary/Abstract:The accession of Bulgaria to the European Union in 2007 leaded to adoption of the new Civil Procedure Code. For the first time the national legislator set up procedural rules related to the Consumers’ protection, including also those about the court’s jurisdiction of the consumers’ disputes. The last year some of the existing provisions were changed or amended. Thе Article contains a brief review of the current development particularly in the field of the court’s jurisdiction in consumer’s disputes (Art.113 CPC), as well as underlines existing problems from procedural points of view. The author also makes some proposals for resolving related problems as well as he points out and gives ideas on how the national legislation might be improved in the area.
- Price: 4.50 €
България и Обществото на народите
България и Обществото на народите
(Bulgaria and the League of Nations)
- Author(s):Gergana Gozanska
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, International Law
- Page Range:418-427
- No. of Pages:10
- Keywords:League of Nations; Bulgaria; Tarlis Incident 1924; Petrich Incident 1925
- Summary/Abstract:This article follows the relations between Bulgaria and the international organization League of Nations, which was active in the period 1920-1946. A review of US President Woodrow Wilson's Peace Program is made, which was the basis for the organization's creation. The role of the League of Nations in resolving the Tarlis incident of 1924 and the Petrich incident of 1925 is discussed. The agreements between Bulgaria and Greece concluded with the support of the organization concerning the liquidation of the properties of emigrants as well as those of churches, monasteries, schools etc. are mentioned.
- Price: 4.50 €
Фронтекс в контекста на съвременните миграционни процеси
Фронтекс в контекста на съвременните миграционни процеси
(Frontex in the Context of Contemporary Migration Processes)
- Author(s):Vladimir Valev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law
- Page Range:428-436
- No. of Pages:9
- Keywords:Frontex; migration; refugees; external borders; maritime borders; freedom of expression and justice
- Summary/Abstract:The article presents data and information on migration processes between 2014 and 2018. This period is considered, as this is the time when the migration to the "Old Continent" is the most significant, leading to the emergence of new security challenges across Europe. Attention is drawn to the objectives and tasks of the Frontex European Border and Coast Guard Agency.
- Price: 4.50 €
Предпоставки за предявяването на иск за неоснователно обогатяване след прескрибирането на менителничния ефект
Предпоставки за предявяването на иск за неоснователно обогатяване след прескрибирането на менителничния ефект
(Prerequisites for Bringing a Claim for Unjust Enrichment Following the Prescription of the Negotiable Instruments)
- Author(s):Borislav Naydenov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Commercial Law
- Page Range:437-450
- No. of Pages:14
- Keywords:negotiable instruments; bill of exchange; promissory note; prescription; claim; unjust enrichment; Art. 534 of the Bulgarian Commercial Act
- Summary/Abstract:Pursuant to Art. 531, para.1 of the Bulgarian Commercial Act, the claims regarding the bill of exchange against the payer shall be repaid within a three-year prescription from the maturity day, while pursuant to Art. 532 of the Bulgarian Commercial Act, the prescription period shall be interrupted only in respect of the person against whom the act was committed. The same rules regarding the prescription apply to the promissory note (arg. Art. 537 of the Bulgarian Commercial Act).With the expiry of the three-year prescription period, the applicant’s right of claim shall be extinguished, with a legal basis Art. 417, item 10 of the Bulgarian Civil Procedure Code.The expiration of the prescription period under Art. 531, para.1 of the Bulgarian Commercial Act does not extinguish the right of the bearer of the promissory note to demand from the debtor the payment of the due amount. Art. 534, para.1 of the Bulgarian Commercial Act enables the holder of a security order to lodge a claim for unjust enrichment against the issuer or the payer upon them, when:1. Has lost the claims on a bill of exchange, promissory note or cheque (negotiable instruments) due to prescription; 2. Has lost the claims on a bill of exchange, promissory note or cheque (negotiable instruments) due to failure to take the necessary actions to preserve the rights thereon.Insofar as no comprehensive study of the subject is made in the specialized legal literature in Bulgarian, this article is the first in the contemporary Bulgarian legal doctrine a detailed analysis of the theoretical and practical problems of the claim, with a legal basis Art. 534 of the Bulgarian Commercial Act.The article also provides a detailed critical analysis of the case law of the Supreme Court and the Supreme Cassation Court of the Republic of Bulgaria on the subject, as well as a comparison with the old practice of the Supreme Cassation Court of the Kingdom of Bulgaria.A number of practical and theoretical hypotheses have been considered, including the issue of the debtor's unjust enrichment on the bill of effect, the objection of "cashlessness" of the bill of exchange, and other options for the development of the court proceedings on the claim, with a legal basis of Article 534 of the Bulgarian Commercial Act.
- Price: 4.50 €
Компетентни органи във връзка с издаване на европейска заповед за запор на банкови сметки по трансгранични дела
Компетентни органи във връзка с издаване на европейска заповед за запор на банкови сметки по трансгранични дела
(Competent Authorities Relating to the Issue of a European Bank Preservation Order)
- Author(s):Radostina Nikodimova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, International Law, EU-Legislation, Commercial Law, Court case
- Page Range:451-462
- No. of Pages:12
- Keywords:Cross-border debt recovery in civil and commercial matters; European Account Preservation Order; bank accounts; Competent authority
- Summary/Abstract:The European Bank Preservation Order, еstablished by Regulation (EU) No 655/2014, as an alternative to existing legal procedures in each EU Member State. The procedure facilitates EU debt collection and serves as an additional safeguard in cross-border debt recovery in civil and commercial matters. This statement aims to guide finding the competent authorities for issuing a European Bank Account Preservation Order. Competent authorities under the procedure for implementing Regulation (EU) No 655/2014 can be distinguished in several directions: I. Competent authorities for issuing of the preservation order; II. Competent enforcement authorities; III. Courts or enforcement authorities competent to provide remedies;IV. Competent authorities with which an appeal is to be lodged; V. Others.
- Price: 4.50 €
Форма на пророгационното споразумение по граждански и търговски дела с международен елемент
Форма на пророгационното споразумение по граждански и търговски дела с международен елемент
(Form of the Jurisdiction Clause in International Civil and Commercial matters)
- Author(s):Kristian Raychev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, International Law, EU-Legislation, Commercial Law, Court case
- Page Range:463-471
- No. of Pages:9
- Keywords:agreement conferring jurisdiction; autonomy of will; civil and commercial matters; writing; evidenced in writing; practices which the parties have established; international commerce form; click-wra
- Summary/Abstract:The purpose of this scientific report is to briefly outline the main points relating to the form of the jurisdiction clause in international civil and commercial matters with regard to the arrangements contained in EU law. Part of the relevant case law of the Court of Justice of the European Union has been discussed, analyzing some of the most recent rulings interpreting the legal framework.In this regard, the report provides guidance to law enforcement authorities on the basic principles and understandings that must be taken into account when assessing their international competence arising from an agreement between the parties.
- Price: 4.50 €
Прекратяване на гражданското дело поради висьщ процес в производството по обезпечение на бъдещ иск
Прекратяване на гражданското дело поради висьщ процес в производството по обезпечение на бъдещ иск
(Dismissal of a Civil Case Due to a Prior Pending Civil Case in the Procedure of Seeking Interim Remedies Before the Beginning of Proceedings)
- Author(s):Rumen Georgiev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, Court case
- Page Range:472-479
- No. of Pages:8
- Keywords:procedure of seeking interim remedies before the beginning of proceedings; dismissal of a civil case due to a prior pending civil case in the procedure of seeking interim remedies before the beginning
- Summary/Abstract:The purpose of this scientific report is to analyze the matter of dismissal of a civil case due to a prior pending civil case in the procedure of seeking interim remedies before the beginning of proceedings. To put it in another way the report aims to explore the question whether the provision of article 126(1) of the Civil Procedure Code is applicable in the interim remedy procedures. In this regard, the report provides both a theoretical analysis of the matter and an overview of the contradictory judicial practice.
- Price: 4.50 €
Перспективата на преюдициалното запитване пред Съда на Европейския съюз по закона за мерките срещу изпирането на пари
Перспективата на преюдициалното запитване пред Съда на Европейския съюз по закона за мерките срещу изпирането на пари
(The Prospect of the Reference for a Preliminary Ruling Before the Court of Justice of the European Union Under the Anti-Money Laundering Act)
- Author(s):Joanna Shuleva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Commercial Law, Court case
- Page Range:480-492
- No. of Pages:13
- Keywords:Reference for a preliminary ruling; Unification; Money laundering; Administrative court; Court of Justice of the European Union; Principles of law
- Summary/Abstract:The prospect of the reference for a preliminary ruling before the Court of Justice under the Anti – Money Laundering Act is based on the hesitant application of the principles of EU law in money laundering cases. The purpose of the reference for a preliminary ruling is to achieve uniformity in the application of the rules of EU law and this depends to a large extent on the Court of Justice and on its interaction with national courts.
- Price: 4.50 €