Правен режим на осигурителната каса

Author(s): Teodora Filipova / Language(s): Bulgarian / Issue: 4/2003

The assurance fund is a new and specific legal person in the social security law. It is created by contract for creation of an assurance fund and a mandatory registration in the district branch of the National Security Institute. The rights of the fund are consequence of the law and are related to the organization of the assurance of the fund's members. The function of the assurance fund is to be an assurance representative of its members.

Правен режим на оценката на въздействието върху околната среда

Author(s): Georgy Penchev / Language(s): Bulgarian / Issue: 1/2013

ENVIRONMENTAL LAW

Правен режим на пренасянето на данъчна загуба като облекчение в подкрепа на бизнеса

Author(s): Penko Dimitrov / Language(s): Bulgarian / Publication Year: 0

This paper considers the legal regime of the carrying forward of tax loss as one of the general tax breaks widely available in the context of the corporation tax levy of corporate entities. Particular attention is paid to the conditions which must be fulfilled by the taxable persons, in order for them to be able to benefit from this right of deduction of tax loss. The nature of the tax loss deduction, as a subjective material tax right to the reduction of the corporation tax due and the preconditions for its exercise are also considered herein.

ПРАВЕН РЕЖИМ НА РЕШЕНИЯТА НА МЕЖДУНАРОДНИЯ СЪД НА ООН

Author(s): Alexander Draguiev / Language(s): Bulgarian / Issue: 1/2011

The judgment of the UN International Court of Justice (ICJ) does not have the legal effect of a judicial precedent because it is binding only upon the parties to the case and not the Court. According to Article 38(1)(d) of the Statute of ICJ the judgment is only a subsidiary means for the determination of the rules of law applicable to the case – conventions and custom. Although the ICJ has never treated its judgments as applicable law, the Court has always considered and even followed its previous judgments when deciding a new case. As a consequence the Court decides similar cases in similar manner, thus achieving consistency and uniformity of its jurisprudence

Правен режим на условното осъждане по отношение на пълнолетните лица

Author(s): Iliana Paskaleva / Language(s): Bulgarian / Issue: 1/2005

The probationary conviction of adults is the veritable probationary conviction. It is a general institute, which finds application with regard to all crimes and forms of criminal deeds. Its significance is expressed in the attainment of the goals of the punishment with postponement of its effective serving, but with imposition of preventive, correctional and reforming over the convicted person.

Правен статус на агенциите съгласно Закона за Администрацията и специалните нормативни актове

Author(s): Konstantin Pehlivanov / Language(s): Bulgarian / Issue: 1/2012

The article examines the development of central executive authorities with a rank below minister. In 1998 the legislature passed the Administration Act, which brought into Art. 19 (4) the hierarchy of these bodies. This article examines the legislative and administrative experience, the constitution of the various agencies, their characteristics and powers. Particular attention is given to those administrative structures, which differ significantly from the general pattern of the Administration Act – State Agency “National Security”, Bulgarian Agency for Food Safety, National Revenue Agency, Executive Agency “Road Infrastructure” and others. Separately are examined the legal status of governing bodies and the changes that the legislature made in this area. Special attention is paid to the practice of the Constitutional Court and the Supreme Administrative Court.

ПРАВЕН СТАТУС НА МАЛОЛЕТНИТЕ

Author(s): Iliyan Yankulov / Language(s): Bulgarian / Issue: 2/2018

The article intends to clarify the vague content of the status of minors by analysing both by legislation and current case law. Comparative method has been used as well by analysing the legislation of other European countries. The author makes some proposals de lege ferenda

Правен характер на Брашовската грамота от XIV в.

Author(s): Emil Aleksandrov / Language(s): Bulgarian / Issue: 4/1992

Правила внутреннего распорядка следственных изоляторов уголовно-исполнительной системы Министерства юстиции Российской Феденации

Author(s): Valery Bazunov / Language(s): Russian / Issue: 29/2001

House Rules at Investigation Isolation Wards were drawn up in 1989 after the Russian government adopted the federal law regulating detention of individuals suspected or convicted of committing a crime. The bill was designed to bring Russian criminal law more in line with international standards.

ПРАВИЛА ДЕНАЦИОНАЛИЗАЦИЈЕ У РЕПУБЛИЦИ ХРВАТСКОЈ

Author(s): Petar Simonetti / Language(s): Serbian / Issue: 1-2/2003

The restitution of the right to ownership of immovables that were forcibly transferred to social ownership (after World War II in the Republic of Croatia) has been reduced to the exception. The reasons for this are the doctrine that seeks to protect acquired rights and, secondly, the broadly accepted public interest of the Republic of Croatia and, above all, that all such immovables (to which social enterprises had the right of management, use or the right of disposal), in the meantime became the ownership of social enterprises and, in the case of nationalized apartments, of their tenants. The original owners (and their successors), in the case where restitution is excluded, are entitled to compensation in state bonds for the duration of 20 years, starting from the year 2000, or, in shares or stakes in the companies, of which the nationalized immovables have become the property, or, in the state Privatization Fund. On the other hand, owners of apartments are entitled to 25% of compensation in cash.

Правилник о поступку оцјењивања рада носилаца правосудних функција

Author(s): Specified No Author / Language(s): Bosnian,Croatian,Serbian / Publication Year: 2018

Правилником о поступку оцјењивања рада носилаца правосудних функција (у даљем тексту: Правилник) утврђују се поступак и рокови за провођење оцјењивања рада на основу критерија које доноси ВСТС БиХ (у даљем тексту: Критерији), Упутства за примјену критерија (у даљем тексту: Упутство) и рјешавања приговора на оцјену рада, поступак и овлаштења за провођење надзора над оцјењивањем рада и верификација оцјена рада. [...]

ПРАВИЧАН ИЗБОР УЗОРКА ЉУДИ КАО ИСПИТАНИКА БИОМЕДИЦИНСКИХ И КЛИНИЧКИХ ИСТРАЖИВАЊА

Author(s): Vesna Klajn Tatic / Language(s): Serbian / Issue: 66/2014

Испуњење етичког захтева дa избор узорка људи као испитаника истраживања буде правичан претпоставка је за правну допустивост биомедицинских и клиничких истраживања. Стога је циљ овог рада да најпре укаже на то шта подразумева правичан избор узорка људи као испитаника истраживања; друго, да објасни начин на који се испитаници бирају у узорак квантитативних и квалитативних истраживања; треће, да одговори на питање да ли истраживачки узорак треба да одрази разноврсност популације и, да у закључку истакне чињеницу да људи, уопште узев, нису вољни да се одазову позиву да се укључе и да одбијају да сарађују у истраживачким студијама и о препрекама које је медицинска заједница уочила да томе стоје на путу.

ПРАВИЧНОСТ И КОРИШЋЕЊЕ ЗАЈЕДНИЧКИХ ВОДНИХ ДОБАРА

Author(s): Mihajlo Vucic / Language(s): Serbian / Issue: 75/2017

In this article, the author analyses the contents of the notion of equity in international law on shared water resources. It is stated that the content of equity in international law is not fully ascertained. However, for the purpose of distribution and using water resources, the only possible equity is the one that acts as a mitigation of a hard legal rule in its application, for the correction of absurd results, and as the fill-in of legal lacunae or the concretization of widely formulated legal principles. The principle of equitable and reasonable utilization is the basic positive legal rule in this field of international law and it is imbued with this conception of equity. It concurrently serves as a widely formulated legal principle and as an adjusting factor of the application of technical rules on the water resources distribution. However, this formulation of equitable and reasonable utilization is of little help when it comes to contested legal interpretations, competitive interests that preceded the agreement or conflict of technical rule. The author analyses the practice of the International Court of Justice in the delimitation of continental shelves to find a concept of proportionality as a key element of the effect of equity on equitable delimitations. Proportionality is adequate for application in the field of shared water resources use since this field is plagued with similar problems. The application of proportionality emphasizes water needs of riparian states as a key factor in the search for equitable solution, and second to it, on the physical and geographical traits of a watercourse. Furthermore, proportionality aids the harmonious relationship between the principle of equitable and reasonable utilization and the obligations not to cause substantial harm and to protect the environment of international watercourse.

ПРАВИЧНОСТ СУЂЕЊА У УПРАВНОМ СПОРУ -исагога у предлог за измену Закона о управном спору-

Author(s): Suzana Medar / Language(s): Serbian / Issue: 64/2013

The changing social circumstances call for reform. The latest reform in the field of administrative law was put into effect by adopting the Administrative Disputes Act and the General Administrative Procedure Act. A significant novelty in this area is the principle of a fair trial. Namely, in the administrative dispute, the court is obliged to adjudicate a case at issue within a reasonable time, on the basis of the applicable law and the facts established in an oral public hearing. The legislator points out that the principle of fair trial is defined in this way for the first time and provided in a separate legal provision. The author believes that this principle should (at least) be extended to include the authentic content of the principle of fairness and justice. In that course, the starting point and the final goal must be Aristotelian ethics, in line with the proverb “give everyone his/her due and exercise the practice of giving at all times”. The author highly respects the legislator’s endeavor to reform the existing legislation. The existing Constitution provides quite a wide framework for such an endeavor, particularly by calling upon in the legal provisions on the rule of law and social justice. It may be useful to consider transplanting the principles of social justice and fairness (envisaged in Part 1 titled “Constitution Principles”) into some other constitutional provisions (e.g. Part 5 titled “Organization of Government”), which would make the principles binding in all circumstances.

ПРАВНA ЗАСНОВАНОСТ АКАТА ВЛАДЕ И АКАТА РАСПОЛАГАЊА У СИСТЕМУ ЈАВНОГ ПРАВА РЕПУБЛИКЕ СРБИЈЕ

Author(s): Aleksandar Martinovic / Language(s): Serbian / Issue: 138/2012

The acts deciding on selection, appointment, nomination or deprivation have a unique legal character, regardless of which subject appears in the capacity of the enactor of the respective act – the Government, President of the Republic, National Assembly, ministry or the appropriate non-governmental subject. From the viewpoint of the coherence of the legal system coherence and of the citizens’ or artificial persons’ legal security, it is not good to treat these acts differently in situations which are in essence identical. We consider that it is a question of acts which differ from administrative acts, for a basic reason: they are passed in matters which are not administrative ones. Therefore, the distinction between matters in which decisions are made in regard to appointment, nomination or deprivation and matters of administration, regulated in Art. 43, Par. 2 of the Government Act, should be equally implemented by competent judicial instances, or by other appropriate authorities in the Republic of Serbia.

Правна възможност за погребване на човешки ембрион

Author(s): Stoyan Stavru / Language(s): Bulgarian / Issue: 1/2012

Medicine has developed rapidly in the last twenty years. Scientific advances have changed the context of the question: whether to save a mother or her baby in childbirth, and whether to attempt to treat a baby delivered in a very poor condition. The article considers the public controversy about such matters as the legal status of the fetus, the sanctity of life and the right of the fetus to be buried nevertheless his viability. The main legal criteria of fetal viability and the consequences of prenatal death are examined in depth. The difference between life birth and viability of newborn are emphasized in respect of the legal status of the infant. The law terms “foetus mortuus”, stillborn and death of newborn are defined and differentiated.

Правна држава и транзиција

Author(s): Radmila Vasic / Language(s): Serbian / Issue: 1-4/2001

Following the collapse of communist regimes, the Central and Eastern European Countries faced an urgent task of building their own systems upon value-based principles. Some Western liberal theorists were of the opinion that the rule of law would spontaneously emerge from the ruins of communism, but they have been proved wrong by the circumstances and processes of strenuous overcoming of both inherited and new problems. The process of catching up with the requirements of the new era was slowed down primarily by ethnic cultural demands in heterogeneous societies. The model of Western liberal democracy, theoretically conceived as the rule of law, makes a possible, desirable and rational basis for analogy. Minimal abstract and theoretical contents of the model, its core or phenomenological constant consists of: (1) the rule of law, (2) indisputability of basic rights and liberties, and (3) the distribution of power. Having in mind that post-communist societies are burdened with inherited problems, pushed aside and left unsolved for decades, including economic poverty, cultural and national heterogeneity, lack of democratic culture, it still remains to be seen whether the model shaped through a long and slow evolutionary process can be applied in its approved form. Departure from the model seems to be inevitable, and it goes in two directions: (1) the need for an institutional framework of the rule of law demands efficiency, which itself requires certain concentration of power; (2) reasons for social insecurity and fear are curbed through the enlargement of the normative contents of the constitution in the form of institutionally guaranteed privileges and promises. Both changes are theoretically sustainable unless they jeopardize the core principles of the rule of law -- institutional limitations and control of government -- and if they are of limited duration.

ПРАВНА ЕТИКА У ЛЕГИСЛАЦИОНОМ ПРОЦЕСУ

Author(s): Eva Maksimovic / Language(s): Serbian / Issue: 120/2006

Mutual relatedness of law and morality appears at three levels of legal order (legislature, application of law and interpretation of law); since law and morality have a common origin and common goal, every legislative decision at the same time represents a political decision, and thus the realization of the goals of social policy. Arguments for making legislative decisions always have an ethical pretext, although the very notion of morality changed in time. Ethical arguments could be sensu stricte also ethically relevant, which was noticed by numerous theoreticians. For several years, there has been a theoretical discourse about that issue among sociologists, philosophers of morality and, above all, legal theoreticians. In that discourse, moral arguments surpass all other reasons, although the principles of differentiation of legal and moral norms are more or less agreed upon. Another controversial issue is if, and to which degree, it is possible and permissible to pass moral laws analogically to classical legislature. People also talk about „moral legislature" which reflects the specificity of the relation between law and morality in the legislative process. It is a general conclusion that the rational legislator in the legislating process has to start from the principles of law as a moral minimum.

Правна закрила на културните ценности според правилата на международното частно право

Author(s): Diana Marinova / Language(s): Bulgarian / Publication Year: 0

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.

Правна заштита добробити животиња током превоза у Европи

Author(s): Nataša Stojanovic / Language(s): Serbian / Issue: 03/2013

In this paper, the author focuses on the legal regulation of animal transport as a special domain in the legal protection of animal welfare. With reference to the European Convention for the Protection of Animals During International Transport, the Animal Welfare Act of the Republic of Serbia and the accompanying statutory acts on this issue, as well as the Council Regulations (EC) No. 1255/97 and No. 1/ 2005, the author casts more light on the normative framework governing the commer cial transport of animals, without embarking on the analysis of the veterinary and sanitary requirements and respective veterinary and sanitary control of animal transport. The author points to the principal drawbacks in the process of drafting the national statutory acts on animal transport, discusses the degree of (in)compliance of the national regulations on animal transport withthe European legislation on this matter and emphasizes the need to take a wide range of legal measures in order to provide for a more substantial protection of animal welfare during transport