Юридически свят
Juridical world
Publishing House: Издателство „Сиби“
Subject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Criminal Law, Civil Law, International Law, Human Rights and Humanitarian Law, Law on Economics, Philosophy of Law, Commercial Law, Administrative Law
Frequency: 2 issues
Print ISSN: 1311-3488
Status: Active
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Articles list
Обичайните норми на международното право и възможността за тяхното оспорване
Обичайните норми на международното право и възможността за тяхното оспорване
(THE CUSTOMARY NORMS OF INTERNATIONAL LAW AND THE POSSIBILITY OF CHALLENGING THEM)
- Publication: (2/2024)
- Author(s): Aleksander Dragiev
- Contributor(s):
- Language: Bulgarian
- Subject(s): Law, Constitution, Jurisprudence, International Law
- Issue: 2/2024
- Page Range: 11-28
- No. of Pages: 18
- Keywords: customary norms of international law; United Nations International Court of Justice; practice of a customary norm; objection to the practice; geostationary orbit; imperative norms; dispositive norms
- Summary/Abstract: The customary norms of international law, if universal ones, i. e. if they are effective with regard to the states throughout the world regardless of their geographical location, are automatically applicable to all states, whether or not they have participated in the creation of the norms, and regardless of their attitude to these norms – each state is bound by the universal customary norms even if it does not recognize them. And yet, states are independent participants in international relations, and, under certain conditions, this provides them with grounds for being exempt from a customary norm, i. e. for preventing its legal effect on themselves in case they do not agree with it. For this reason, it is necessary for the state to challenge the norm, however, the said challenge is subject to two conditions. The first one is that the practice of the norm should be challenged even before the norm comes into being, i. e. as early as the norm is in the process of its formation, because at that time it is still in the form of practice only. The second condition is that the challenge to the practice must be persistent, consistent and persevering – the state should raise an objection each time the practice it disagrees with is carried out.
- Price: 5.00 €
Употребата на животозастрашаваща сила от полицейските органи в практиката на Европейския съд по правата на човека и българският опит
Употребата на животозастрашаваща сила от полицейските органи в практиката на Европейския съд по правата на човека и българският опит
(THE USE OF LIFE-THREATENING FORCE BY THE POLICE IN THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS AND THE BULGARIAN EXPERIENCE)
- Publication: (2/2024)
- Author(s): Veselin Vuchkov, Yanko Roychev
- Contributor(s):
- Language: Bulgarian
- Subject(s): Law, Constitution, Jurisprudence, Criminal Law
- Issue: 2/2024
- Page Range: 29-53
- No. of Pages: 25
- Keywords: right to life; life-threatening force; absolute necessity; death caused by the police; European Court of Human Rights; Article 2 of the Convention for the Protection of Human Rights and Fundamental Fr
- Summary/Abstract: The standards deriving from the Convention for the Protection of Human Rights and Fundamental Freedoms regarding the right to life in the context of the use of life-threatening force by the police are analyzed. During the last three decades the European Court of Human Rights has formulated and further developed a significant number of requirements both for the general compliance of Member States domestic legislation with the Convention, and for the conduct of State authorities in terms of planning and realization of police operations, and investigating into cases of death caused by the police. The current study examines these requirements in detail, and establishes that, in addition to the ones referring to the legislative framework, there are also such of a forensic, institutional and organizational nature. Particular emphasis is placed on the criteria that the investigation must fulfil in order to be effective. The essence and content of the circumstances provided for in Article 2, para. 2 of the Convention, under which the use of lethal force is absolutely necessary and, therefore, permissible, are discussed. Relevant aspects of the Bulgarian legislative and institutional experience in the process of achieving compliance with the outlined requirements have been reviewed.
- Price: 6.00 €
Забраната за непряка дискриминация – теоретични и практически аспекти
Забраната за непряка дискриминация – теоретични и практически аспекти
(THE PROHIBITION OF INDIRECT DISCRIMINATION – THEORETICAL AND PRACTICAL ASPECTS)
- Publication: (2/2024)
- Author(s): Blagoy Deliev
- Contributor(s):
- Language: Bulgarian
- Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
- Issue: 2/2024
- Page Range: 54-79
- No. of Pages: 26
- Keywords: direct and indirect discrimination; less favorable treatment; apparently neutral; provision; criterion or practice
- Summary/Abstract: The concept of indirect discrimination makes full use of the beneficial effect of equality as a means of overcoming differences of various orders recognized as unjust. There are obvious forms of violation of the principle of equality, without, however, being formally covered by the prohibition of unequal treatment based on grounds. This is also the reason for the prohibition of indirect discrimination to be legally established. The article traces the controversial sides in the theoretical and practical justification of indirect discrimination. Attention is paid to the criteria for distinguishing between direct and indirect discrimination, tests for proportionality of the impact, the limits of proof. The analysis of the various cases from jurisprudence shows that it is very difficult to justify a generally valid composition of indirect discrimination.
- Price: 6.00 €
Новаторските идеи и дух в Закона за устройството на съдилищата от 1899 г.
Новаторските идеи и дух в Закона за устройството на съдилищата от 1899 г.
(THE INNOVATIVE IDEAS AND SPIRIT IN THE JUDICIARY ACT 1899)
- Publication: (2/2024)
- Author(s): Evgeni Yochev
- Contributor(s):
- Language: Bulgarian
- Subject(s): Law, Constitution, Jurisprudence, History of Law
- Issue: 2/2024
- Page Range: 80-99
- No. of Pages: 20
- Keywords: judiciary; justice; laws; Minister Georgi Zgurev; legal commission; discussion in the National Assembly; new ideas
- Summary/Abstract: The article is dedicated to the second judicial law in the Principality of Bulgaria. The reasons for its submission to the National Assembly for discussion by the People’s Party government, led by Dr. Konstantin Stoilov, are revealed. The preparation of the draft law, the content of the two stages and the role of the Minister of Justice Georgi Zgurev in its drafting are followed. The new moments in the bill are outlined, determining its content, scope and meaning. The reasons presented by Minister Zgurev are analyzed. In the center the article introduce the discussion on the main issues and first of all the idea of irreplaceability of judges. The innovative ideas and spirit in the law and its importance for the development of the judicial system and justice are brought to the fore.
- Price: 5.00 €
За някои проблеми на приложното поле на Закона за защита на лицата, подаващи сигнали или публично оповестяващи информация за нарушения
За някои проблеми на приложното поле на Закона за защита на лицата, подаващи сигнали или публично оповестяващи информация за нарушения
(ON SOME PROBLEMS WITH THE SCOPE OF THE WHISTLEBLOWER PROTECTION ACT)
- Publication: (2/2024)
- Author(s): Kapka Georgieva-Atanasova
- Contributor(s):
- Language: Bulgarian
- Subject(s): Law, Constitution, Jurisprudence, Administrative Law
- Issue: 2/2024
- Page Range: 100-115
- No. of Pages: 16
- Keywords: Directive (EU) 2019/1937; Whistleblower Protection Act; grounds for protection; obliged entities; Protected persons; internal channel; external channel; public disclosure
- Summary/Abstract: This article examines the scope of the Whistleblower Protection Act. The paper analyses both the scope of the legislation and its application to whistleblowers. The shortcomings of the legislation in this part are pointed out, and suggestions are made to overcome them. Attention is drawn to the inconsistencies of the law with Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of whistleblowers.
- Price: 4.50 €
Има ли административното наказание собствена цел?
Има ли административното наказание собствена цел?
(DOES THE ADMINISTRATIVE PENALTY HAS A SPECIFIC PURPOSE?)
- Publication: (2/2024)
- Author(s): Blagoy Ginev
- Contributor(s):
- Language: Bulgarian
- Subject(s): Law, Constitution, Jurisprudence, Administrative Law
- Issue: 2/2024
- Page Range: 116-127
- No. of Pages: 12
- Keywords: special prevention; general prevention; purpose of administrative penalty
- Summary/Abstract: This article analyses the purpose of administrative penalties. Consecutively the warning and reforming of the offender is examined, as well as the instructive and warning purpose towards the other citizen s. Examining the specifics of the administrative violation, an attempt is made to prove, that the administrative penalty has a specific purpose of its own.
- Price: 4.50 €
Някои размисли по тълкувателно решение № 1/2020 г. на Общото събрание на наказателната колегия на Върховния касационен съд
Някои размисли по тълкувателно решение № 1/2020 г. на Общото събрание на наказателната колегия на Върховния касационен съд
(SOME REFLECTIONS ON INTERPRETATIVE DECISION 1/2020 OF THE GENERAL ASSEMBLY OF THE CRIMINAL CHAMBER OF THE SUPREME COURT OF CASSATION AND JUSTICE)
- Publication: (2/2024)
- Author(s): Nikoleta Kuzmanova
- Contributor(s):
- Language: Bulgarian
- Subject(s): Law, Constitution, Jurisprudence, Criminal Law
- Issue: 2/2024
- Page Range: 128-152
- No. of Pages: 25
- Keywords: Offence; banking transactions; by profession; without permission
- Summary/Abstract: The General Assembly of the Criminal Chamber of the Supreme Court of Cassation and Justice through interpretation made a kind of decriminalization of the crime under Article 252 of the Criminal Code. It referred to the answer of the European Court of Justice on a preliminary reference. The interpretation issued by the General Assembly of the Criminal Chamber of the Supreme Court of Cassation and Justice does not discuss the relationship of the EU law interpreted by the CJEU to the principle of personal criminal liability under Bulgarian law. Nor is the relationship of the elements of the offence under Article 252 of the Criminal Code to the national public law regime for banking transactions discussed.
- Price: 6.00 €
Short Description
„Juridical world“ is the only juridical almanac in Bulgaria. Leading Bulgarian and foreign scientists have written on the edition’s pages since 1999. The journal is released twice a year and publishes research papers, articles and other academic materials on topics such as: legal science, legislation, jurisprudence, international law, juridical education. Except from Bulgarian authors, prominent representatives of the international legal thought are also included: Werner Krawietz (Germany) – famous philosopher and sociologist of law, Marat Baglay – chairman of the Constitutional Court of the Russian Federation, Francis Delpérée – well known European constitutionalist from Belgium, etc. Regular bibliography of the Bulgarian legal literature is published in the journal (of a particular year).
Editorial board
Prof. Vassil Mrackov, Dr. – editor-in-chief
C.M. Prof. Tzanka Tzankova, Dr.
Prof. Lazar Gruev, Dr.
Assoc. Prof. Ianaki Stoilov, Ph.D.
Konstantin Penchev
