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ПРАВОТО НА РАБОТЕЩИТЕ В ОРГАНИТЕ НА СЪДЕБНАТА ВЛАСТ НА ВЪЗНАГРАЖДЕНИЕ ЗА ПРИДОБИТ ТРУДОВ СТАЖ И ПРОФЕСИОНАЛЕН ОПИТ

Author(s): Galina Ivanova / Language(s): Bulgarian Issue: 2/2018

This article examines the right of people working in the judicial system to receive supplementary benefits based on their acquired professional experience. It also examines the specifics of the relations between magistrates, officers of the court, registry judges and state bailiffs; the structure of the wage of people who work in the judiciary and the benefits which are a part of the gross salary.

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ПРАВНА СЪЩНОСТ НА СЛУЖЕБНОТО ВРЕМЕ НА ВОЕННОСЛУЖЕЩИТЕ, ОТРАБОТЕНО В ПОВЕЧЕ ОТ УСТАНОВЕНОТО ЗА ТЯХ ПРИ ПОЛАГАНЕ НА ДЕЖУРСТВА

Author(s): Hristo Banov / Language(s): Bulgarian Issue: 2/2018

The grounds and the conditions for payment of the service time of military service officers, which exceeds the legally established working hours when on duty, are directly related to the determination of the type of service time. In the majority of the contradictory judgments of the Supreme Court of Cassation it is incorrectly assumed that this labour has been exercised under the conditions of extended service time under Art. 136a of the Labour Code. In fact, in this case the amount of labour performed, exceeding the legally established standard, is undoubtedly overtime labour with all the resulting consequences, the most significant of which being the obligation for the employing authority to pay for this labour at an increased payment rate.

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ЕФЕКТИВНОСТ НА СОЦИАЛНИТЕ МРЕЖИ ЗА ПОЛИТИЧЕСКИ PR В ПРЕДИЗБОРЕН ПЕРИОД

Author(s): Slavyanka Angelova,Lyubomira Hristova / Language(s): Bulgarian Issue: 1/2018

The article focuses on the possibility of dialogue between politicians and the electorate in Bulgaria through the online PR tools. In this connection authors view social networks as a communication tool in the context of pre-election political PR because they are a platform that reflect the pulse of society, show the problems, social tensions and activate the declaration of civil status. At the same time, the social networks emphasize the essence of political PR as a technology for building a communication bridge between the electorate and the political subjects. The period of empirical study is determined by the most active time of political communication in Bulgaria – the official start and final of the media campaign.

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НАСТОЯЩА СИТУАЦИЯ И ОТГОВОР НА ТРАФИКА НА ХОРА В ЮГОИЗТОЧНА ЕВРОПА

Author(s): Militsa Karadzhova-Manova / Language(s): English Issue: 1/2019

Еvery year thousands of people - most of them women and children from the poorer countries are being exploited, tricked and forced to do things against their will. These people are being mistreated as commodities by the transnational criminal traffic industry. Such criminal groups are growing more and more, earning billions of euros, working with impunity. After drugsbusiness and illegal weapons, human trafficking has become the third most profitable business worldwide. It is mainly due to both the changes which happened in Europe in 1989 and the opening of European borders, which gave many people a chance for a new, peaceful and grateful life. Human trafficking cannot be seen only from a national security point of view, nor as a war against illegal migration. Human trafficking, is most important of all, desecration of human rights.

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Лингвистиката – между правото, политиката и конфликта

Author(s): Zlatka Gerginova / Language(s): Bulgarian Issue: 2/2020

The forty-second volume of Studien zur Slavistik (Hamburg 2018) - Linguistics as a Cross-ing Point in the discourse between Law, Politics, and Conflict (Linguistik als diskursive Schnittstelle zwischen Recht, Politik und Konflikt; Hrsg. Martin Henzelmann) – focuses on the mediating role of Linguistics between Law, Politics and historical concepts. The analy-sis is based on cases from Bulgaria, Czech Republic, Macedonia, Poland, Russia, Slovenia and Ukraine.

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Finansowe instrumenty wsparcia przedsiębiorstw społecznych

Author(s): Andrzej Michlik / Language(s): Polish Issue: 3/2024

Przedsiębiorcy działający na rynku mogą zyskać status przedsiębiorstwa społecznego, jeśli realizują cele społeczne oraz wspierają swym działaniem osoby zagrożone wykluczeniem społecznym poprzez ich reintegrację zawodową i społeczną. Uzyskanie statusu przedsiębiorstwa społecznego pozwala na skorzystanie przez podmiot z właściwych form wsparcia finansowego na rozwój i podnoszenie konkurencyjności organizacji. Przedmiotem artykułu jest analiza istniejących rozwią­zań prawnych w zakresie pozyskania wsparcia finansowego. Analizie poddano formy wsparcia kierowane do różnych grup osób zagrożonych wykluczeniem. Z rozważań zawartych w artykule wynika, iż zaproponowane instrumenty pozostają niedopasowane do potrzeb tej grupy przedsiębiorstw. Dodatkowo w publikacji zawarto propozycje zmian prawnych, które wprowadzone pozwolą na wzmocnie-nie pozycji przedsiębiorstw społecznych na rynku.

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Propozycja unijnych ram prawnych dobrowolnej certyfikacji pochłaniania dwutlenku węgla – przyczynek do dyskusji

Author(s): Małgorzata Bryk-Zwolska / Language(s): Polish Issue: 2/2024

Recognizing the relevance of carbon dioxide removal to achieving global climate goals and the European Union’s objectives, the European Commission, on 30th November 2022, announced proposal for a regulation on an EU certification for carbon removals (CDR). The EU’s effort to create a CDR certification scheme is an important initiative in this regard but faces key challenges that should be resolved during the ongoing legislative processes. The purpose of this paper is to assess the content of the proposed regulation from the perspective of its effectiveness as a climate tool.

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Korzystanie ze środowiska a korzystanie z wód. Próba porównania regulacji prawnych

Author(s): Ryszard Mikosz / Language(s): Polish Issue: 2/2024

The subject of the considerations contained in the study is an attempt to determine whether when creating the content of Art. 4 of the Act of April 27, 2001, Environmental Protection Law, was used as a model for solutions regarding the use of water contained in the Water Law Act. This view is expressed quite often in the reference literature. The analysis carried out in this paper proves that such a view is not sufficiently justified, as evidenced primarily by significant differences in the regulation method used in Art. 4 and in the Water Law Act.

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ARGUMENT

Author(s): / Language(s): Moldavian Issue: 1/2022

The journal is structured into sections that reflect current issues in various fields, as follows: International Law, Public Law, Private Law, and Criminal Sciences. The journal continues to promote the innovative element implemented in previous issues — within the respective sections, doctoral students are admitted, the criterion being the completion of doctoral studies and the finalization of the thesis, including the initiation of the defense procedure. This exception confirms the high level of research of the doctoral students. Equally, this rule is applied to experts whose studies are of interest, especially for practitioners. Promoting the idea of supporting young scientific researchers, the journal contains a special section called 'Doctoral Tribune,' where they have the opportunity to publish their research results, with the works being reviewed by experts in the field.

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FOREWORD

Author(s): / Language(s): English Issue: 2/2022

The journal is structured into sections that reflect current issues in various fields, as follows: International Law, Public Law, Private Law, and Criminal Sciences. The journal continues to promote the innovative element implemented in previous issues — within the respective sections, doctoral students are admitted, the criterion being the completion of doctoral studies and the finalization of the thesis, including the initiation of the defense procedure. This exception confirms the high level of research of the doctoral students. Equally, this rule is applied to experts whose studies are of interest, especially for practitioners. Promoting the idea of supporting young scientific researchers, the journal contains a special section called 'Doctoral Tribune,' where they have the opportunity to publish their research results, with the works being reviewed by experts in the field.

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FOREWORD

Author(s): / Language(s): English Issue: 1/2023

The journal is structured into sections that reflect current issues in various fields, as follows: International Law, Public Law, Private Law, and Criminal Sciences. The journal continues to promote the innovative element implemented in previous issues — within the respective sections, doctoral students are admitted, the criterion being the completion of doctoral studies and the finalization of the thesis, including the initiation of the defense procedure. This exception confirms the high level of research of the doctoral students. Equally, this rule is applied to experts whose studies are of interest, especially for practitioners. Promoting the idea of supporting young scientific researchers, the journal contains a special section called 'Doctoral Tribune,' where they have the opportunity to publish their research results, with the works being reviewed by experts in the field.

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Неопозитивизмът на Хърбърт Харт като опит за ревизия на модерните правни теории

Author(s): Nikolay Alexandrov / Language(s): Bulgarian Issue: 6/2024

This article is devoted to the teachings of the British philosopher, positivist and legal theorist Herbert Hart. Central to the publication is the analysis of Hart’s neo-positivist concept as an attempt to revise the initial premises of legal knowledge. In this context, the question of the British positivist’s distinction between law and morality is examined, as manifested in his reflections on the nature of moral, natural and positive rights. Emphasis is also placed on that basic position in Hart’s theory, according to which empirical argumentation presupposes the existence of legal phenomena only within a system of rules. By virtue of this notion, the state is seen as a collection of officials charged with authority based on legal rules. That is why, in the doctrine of legal Neo-positivism, the basis of the state structure is not the power of a sovereign, as in the teaching of John Austin, but legal rules as a condition for the legitimacy of state coercion.

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Съдията: между бодлите на таралежа и фермите за „развъждане“ на право

Author(s): Stoyan Stavru / Language(s): Bulgarian Issue: 6/2024

The text explores the role of the judge in the process of adjudication and the pursuit of a just judicial decision in the dispute. By comparing the strategies of the fox and the hedgehog, the procedural roles of the judge and the lawyer are distinguished. An analysis of the model of the „virgin“ Judge Medusa and the effect of an overly good judge on the attainability of justice is presented.

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O ODGOVORNOSTI ZA POSTUPKE DRUGIH TOKOM ORUŽANOG SUKOBA

Author(s): Luka Glušac / Language(s): Serbian Issue: 3/2024

While the moral and legal responsibility of an individual for his/her actions has been the subject of numerous scholarly considerations, there is considerable room for further research on the responsibility for the acts of others, especially in the context of the development of artificial intelligence. This article deals with a specific form of responsibility for others - responsibility for the actions of humans and nonhumans in the context of armed conflict. The article explores the concept of individual command responsibility through its application to the actions of subordinates, namely humans and autonomous weapon systems. When does command responsibility exist? What tests are used to determine it? Can and how the institute “knew or had reason to know” from international humanitarian law be applied to the actions of autonomous weapon systems? How far does the autonomy of such systems extend and what are its consequences for determining responsibility? These are the central questions of this research.

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Lze při zohlednění subjektivního a objektivního kritéria menšinové definice příslušníky LGBTI komunity považovat za menšinu?

Author(s): Markéta Polendová / Language(s): Czech Issue: 4/2024

The publication focuses on the status of LGBTI persons in the context of minority law, which is traditionally associated with national, linguistic, and religious minorities. It aims to evaluate the potential of the LGBTI community to fulfil the defining characteristics of a minority. The author analyses the features of the minority definition, i.e., the objective and subjective criterion, and subsequently evaluates the possibility of fulfilment of the individual characteristics by the LGBTI community. Problematic aspects arising in connection with the specific nature of the LGBTI community, especially its internal diversity and the difficult objectification of the differentiating characteristics of individual members, are emphasised. The author concludes that provided the specific features are dully considered, the LGBTI community in principle meets both the objective and the subjective criterion of the minority definition.

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Some Insights on Application of the International Law to the Damaged Environment during the War in Gaza

Author(s): Veronika D’Evereux / Language(s): English Issue: 4/2024

The paper deals with the environmental damage caused during the war in the Gaza Strip. The issue is mainly examined from the perspective of the international humanitarian law. The war in Gaza is perceived as an international armed conflict and thus the relevant provisions of the Additional Protocol I as well as general principles of international humanitarian law are applied. The problem is first examined from a broader point of view and deals with the effects of military operations on the environment of Gaza as a whole, explaining which parts of the environment have been damaged. Subsequently, attention is paid to two specific cases, the alleged use of white phosphorus and the flooding of the tunnels with seawater and the impacts of these actions on the environment. Because it cannot be completely ruled out, that the environmental damage in Gaza might become a matter of concern of the ICC, the environmental damage is also marginally assessed from the perspective of the international criminal law. The paper is aimed to contribute to the academic discussion on whether and under what circumstances, it would be possible to consider the examined conduct as breaching the obligations of the state carrying out the military operations.

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Zgodność z prawem UE projektu ustawy o zmianie ustawy o ograniczeniu prowadzenia działalności gospodarczej przez osoby pełniące funkcje publiczne

Author(s): Marcin Fryźlewicz / Language(s): Polish Issue: 1/2024

The analysis of the proposed amendments to the Act on Restriction of Business Activities of Persons Performing Public Functions involves expanding the scope of the Act’s subject matter. The article analyzes the proposed amendments for their compatibility with EU law. The author concludes that making property declarations regarding a spouse’s separate property available on the Public Information Bulletin may violate data protection laws, so the proposed privacy restrictions cannot be considered necessary to achieve the intended purposes. Considerations also include the possibility of questioning the compatibility with EU law of certain provisions providing for the restriction of EU freedoms, despite the fact that they are non-discriminatory in nature, as well as serve to achieve an overriding general interest. Indeed, in the author;s opinion, there is no justification of the necessity of the envisaged solutions for the intended purpose.

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Rozwiązania prawne w zakresie sportu dzieci i młodzieży w obszarze zapewnienia bezpieczeństwa oraz ochrony przed możliwymi zagrożeniami (m.in. wykorzystaniem seksualnym, niegodnym traktowaniem) w Danii, Finlandii, Francji, Holandii, Niemczech i Szwec

Author(s): Danuta Adamiec,Justyna Branna,Dobromir Dziewulak,Kamila Groszkowska,Marta Karkowska,Daniela Kupis,Angelina Tazuszel / Language(s): Polish Issue: 1/2024

The article describes legal solutions for children and youth sports in selected European countries. The authors analyze regulations protecting children and adolescents from sexual abuse and undignified treatment. The article also specifies the actions to be taken when illegal behavior is detected, the criminal sanctions for committing crimes against minors, and the legal requirements for those who work with children and adolescents.

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Авторски права върху ''Архитектурни произведения'' в контекста на културните процеси. Концепция за баланс на интересите

Author(s): Plamena Popova / Language(s): Bulgarian Issue: 1/2025

The paper aims to explore the interception between authors rights (copyrights) and cultural processes, focused in Architecture and especially in Modern Architecture. It is presented in the prism of the concept on the balance of interests in relation to Architecture/ Architectural Works: authors (individual) interests – owners (individual) interests – public interests. The collision between the interests of the author’s and owner’s interests over a certain Architectural Works is often related to its cultural (heritage) representation and the public interests embodied in the Architecture and Architectural Works. The paper presents further research the hypothesis that the individual moral rights of the authors are usually overlap with the public interests related to the cultural values and cultural heritage. Thus, the author’s rights (and especially their moral rights on reputation) may represent an important instrument regarding the protection and regulation of Architectural Cultural Heritage (and in particular of Modern Architecture).

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NAJBOLJI INTERES DECE RODITELJA NA IZVRŠENJU KAZNE ZATVORA

Author(s): Violeta Đorđević,Miroslav Brkić / Language(s): Serbian Issue: 2/2024

This paper is based on an analysis of the protection of the best interests of children whose parents are serving prison sentences in the Republic of Serbia. The research aims to identify mechanisms and legal frameworks directed towards their protection, particularly through the application of the principle of the best interests of the child. Through an analysis of relevant laws and legal standards concerning the rights of the child and individuals serving prison sentences, the paper identifies challenges that these children face during their upbringing. The research results indicate insufficiently clear definition of the principle of the best interests of the child, especially regarding the preservation of regular direct contacts between children and parents serving prison sentences. The importance of improving collaboration between professionals in the field of social welfare and the criminal justice system is emphasized, along with their continuous education to ensure adequate support and protection for this vulnerable group. In this regard, there is an indicated need for improvement of laws and policies related to children with parents in prison to ensure effective legal protection and support in the implementation of the principle of the best interests.

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