Необходимостта от разграничаване на занятието от правно регламентираната дейност в съставите на професионалната непредпазливост
The Necessity for Distinction Between Vocation and Legally Regulated Activity in the Constituent Elements of the Professional Negligence Crimes

Author(s): Nadya Pandilova
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: professional negligence; safety rule; vocation; legally regulated activity; source of increased danger
Summary/Abstract: This paper is focused on the activities in which even the most harmless ignorance or negligent performance could cause severe consequences dangerous to the society. These activities, as a source of major danger, with the adoption of the current Criminal Code are divided by the legislator in two kinds - vocations or legally regulated activities. Hence, the reasons of the legislator are no longer followed by the interpretative caselaw. With the adoption of Ruling No. 6/1969, the Supreme Court unifies the two key notions for the professional negligence, the vocation and the legally regulated activity. Without taking into consideration the differences that exist between the notions, the interpretation made by the Supreme Court raises the justified question of what is the need for the presence of both of them in the constituent elements of the crimes under Art. 123 and Art. 134 of the Criminal Code, since the caselaw accepts, that they both mean the same? It remains incomprehensible to us why two activities, regarded as objective features of the constituent elements of the abovementioned crimes, are at the same time described in Ruling No. 6/1969 through the characteristics of the subjects, who are allowed to exercise them.

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