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The text aims to present principles of Europe’s electoral heritage. The five principle sunderlying Europe’s electoral heritage are universal, equal, free, secret and direct suffrage. The above principles will be presented together with Venice Commission opinions on the situation in selected countries. The text also presents issues related to: electoral systems, media participation in the electoral process and electoral law reforms.
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In 2002, the Venice Commission issued special recommendations on elections, entitled as the "Code of Good Practice in Electoral Matters". The Code contains many significant provisions that are particularly important from the perspective of young democracy, as they may indicate the direction of development of the electoral system. This essay is a synthetic analysis of Poland’s compliance with the recommendations issued by the Venice Commission. It focuses primarily on comparing Polish and Venetian standards, but also points to the latest changes in the Polish Electoral Code.
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The author presents the legal nature of different security agreements – surety agreement, debt entering agreement, del credere agreement and mortgage.
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Тhe article analyzes the issue of the essence of the principle of publicity of registration under Bulgarian property law. According to its decision, there are conflicting opinions in the legal doctrine and the judicial practice of the Supreme Court of Cassation. They are based on the lack of uniform interpretation of Art. 1 of the Rules for Registration and Art. 8, para. 1 of the Cadastre and Land Registry Act. The purpose of the research is to present the contradictions in the light of specific hypotheses of registered acts, to give grounds for their resolution and, based on them, in conclusion to give priority to one of the opinions.
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This paper focuses on the notion of constitutional identity, which can be derived from the text of the constitution itself, as well as from its interpretation and application. It is relatively new to constitutional theory and practice and is undoubtedly linked to the constituion of a particular country.
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This article is dedicated to one of the current problems of environmental law in the Republic of Bulgaria. Attention is drawn to the specifics and methods of compensation for environmental damage under Bulgarian law. Some problems of criminal responsibility for environmental damage are also considered.
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This study examines the capital of Bulgaria – Sofia as a state symbol and a brief legal-historical analysis is made. Attention is directed to the capital as an administrative-territorial center of the Capital Municipality and of the Sofia-city district.
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The paper gives a brief overview of the legal amendments in the field of executive power, carried out in the years of transition in Bulgaria. These amendments are in the Constitution of the People’s Republic of Bulgaria from 1971, adoption of the current constitution and several legal acts, creating new state bodies – the Bulgarian National Bank, Commission for the Protection of Competition and many others, which still exist nowadays and constitute the institutional fundament of governance.
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This article is devoted to theoretically and practically issue related to the VAT tax credit and the right to deduct it, without claiming to be comprehensive. It is focused on the delivery as one of the conditions for its occurrence, and in this aspect the practice of the Supreme Administrative Court is subjected to a critical analysis in the context of the decisions of ECJ on preliminary rulings in tax cases.
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The subject of this scientific report are some basis issues related to the possibility of challenging the decisions, actions and inactions of the public procurement authorities, with special attention being paid to the subjects with the right to challenge and the legal consequences of their complaints.
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Issues related to access to personal medical information are subject of hightened legal and public debate. It is indisputable that the topic is actual and poses a number of questions that were attempted to be answered through the health reform that lasted more than a decade.
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In cases expressly defined in the Constitution, the president exercises powers that legitimize him in a different way in the system of authorities. In the present article, the interest is whether “the logic” of this constitutional proportionality in the exercise of presidential powers is purely juridicial and constant, and whether it evolves practice.
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Undoubtedly, e-governance, e-government and e-services are best developed in politically and economically more advanced EU countries. Regardless of the fact that Republic of Bulgaria is not among them, the government should direct its efforts to achieving greater progress in the process of introducing e-government in our country with a view to achieving established European standarts.
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The article examines in detail the legal positioning of the criminal procedure in its judicial phase under the law and in the work of state bodies, judicial proceedings and legality and procedural control over the delivery of justice.
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Juvenile delinquency has always been in the center of interest, mostly because of juveniles are a sensitive category of criminal offenders. But what’s and has been even a bigger problem are the actions which should be undertaken by the state in cases when those offenders are to be sanctioned for their actions. If we analyze criminal policy from the oldest times of human civilization, we’ll conclude that juveniles were treated same as adult criminals, and in some cases even worse. Of course, such sanctioning process did not give the expecting results, existed during times of punitive measures and repression, and later was changed with preventive measures directed towards juvenile’s socialization and re – education. The Republic of Macedonia had its first special law dedicated to juvenile offenders in 2010, changing it with a new one in 2013. The latter one contains sanctions directed towards juvenile protection and education, promoting restorative justice. The paper will analyze Macedonian criminal and legal policy towards juveniles, during the period 2004 – 2016.
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The article examines the concept of presumption of innocence as one of the most important procedural guarantees, also known from Roman law. The doubt in the judicial procedure. The presumption of innocence of the accused is distinguished from the factual presumption of guilt.
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The constant need to deny and marginalize the importance of Roman law is a normal phenomenon, not only at the time of the adoption of the most important codifications of civil society, but also in modern times. However, the Roman concepts of property, contracts, obligations and legal theory make these actions unsuccessful. The institutes that emerged from it show its enormous importance in the construction of modern private law. Roman law was the first ius commune and can still serve as a model today, when the unification of law is sought throughout Europe. Because of these values, Roman law represents a universal and civilizing heritage that belongs to the entire modern world.
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The classification of legal principles into types is usually done in pairs. One of them refers to the principles of private and public law. This distinction indicates where the principles are located and how this affects their establishment and operation. The principles of private and public law differ in the way they are established, in the logical operations by which they are deduced and justified and in the way they operate and interact with legal norms. Based on the criteria listed, a parallel is drawn between the principles of private and public law.
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In Spring of 1999 NATO conducted the operation „Allied Force” against the former Federal Republic of Yugoslavia. In the final phase of this operation Bulgaria granted a part of its airspace for the purposes of the Alliance's air forces. This article first clarifies the extent to which NATO's use of force against the FR Yugoslavia complies with the norms of international law. If it is not, the second purpose is to clarify the extent to which the assistance provided by Bulgaria may constitute a violation of international law.
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Promoting the free movement of people has been an important goal of European integration since the 1950s. Since 1999, the European Justice and Home Affairs Council has taken several measures to improve cooperation in the field of migration, asylum and security. The events of recent years, in particular the unprecedented increase in migrant and refugee flows, have severely tested citizens' confidence in the EU's ability to manage its borders. For this reason, it was necessary to adopt Regulation 2016/1624 of September 14, 2016 establishing a European Border and Coast Guard (Frontex) in order to adequately respond to the challenges of these movements.
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