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Особености на административно-наказателните производства

Author(s): Teodora Georgieva / Language(s): Bulgarian Publication Year: 0

Administrative penal proceedings should be understood on the one hand as proceedings for the establishment of an administrative violation and sanction and, on the other hand, administrative penal proceedings before a court. Administrative penal proceedings shall be initiated ex officio by persons who are hierarchically dependent on the administrative sanctioning authority and who exercise a function of control of a legally defined activity by virtue of the law or by authority of a superior. The procedure for drawing up a statement of establishment of the administrative violation and the persons who may draw up such statement are regulated by the Administrative Violations and Sanctions Act. In the long term, it would be necessary to distinguish legislatively the administrative violations that are ascertained and sanctioned by the authorities of the Ministry of Internal Affairs from the "pure" administrative violations that are ascertained by an administrative act and appealed to an administrative court.

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Административноправна природа на актове за спортни федерации

Author(s): Boris Kolev / Language(s): Bulgarian Publication Year: 0

The case law on the administrative nature of decisions of sports federations is contradictory. In certain cases the courts confirm this character, in others they deny it and terminate the proceedings already initiated on this ground. It should be noted that the decisions of sports federations, by which the latter carry out sports justice and sports arbitration, are categorically not recognised as Individual Administrative Acts (IAA), according to a number of recent decisions of the administrative courts. On the other hand, new case-law has recognised IAA by which sports federations exercise the power to sanction athletes and officials who have admitted the use of doping substances and the power to grant, suspend and revoke athletes' competition rights. Some court decisions are examined, like the Supreme Administrative Court decisions of 24.07.2000, concluding that a decision of a sports federation is an IAA.

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Някои проблеми при оспорване на нормативни административни актове

Author(s): Georgi Nedev / Language(s): Bulgarian Publication Year: 0

Rapidly evolving and changing social relations make impossible for the legislature to cover all rules of conduct in detail. Hence the need and the natural assignment of rule-making functions to administrative authorities concerning prescriptions for conduct, by specifying, developing and interpreting legal norms. The consequence of this activity of administration is the issuance of the relevant statutory administrative acts. With the Code of Administrative Procedure (CAP), the legislator for the first time provides a legal definition of the term 'statutory administrative act'. The right to contest is a possibility recognised and guaranteed by law for its holder to request and in the obligation of the court to initiate, to move ex officio and to conclude with a decision, according to the actual legal situation, the dispute on the existence of the legal consequences of the contested administrative act and/or the right to their annulment.

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Опазване на горски територии

Author(s): Ventsislav Stoyanov / Language(s): Bulgarian Publication Year: 0

The matter devoted to the protection of forests is regulated in chapter thirteen of the Forests Act. It should be noted that the repealed Forests Act also devoted quite a few norms to this very important issue – it was regulated in chapter five, in four separate sections. The new regulation is in two sections - general provisions and control. The article examines the new provisions in the Forests Act regarding sanctions and control over the use of forests.

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Един нов поглед върху глава VII ЗС, тълкувателно решение № 6/74 г. и правилата на ЗУТ за незаконно строителство

Author(s): Lyuba Panayotova-Chalakova / Language(s): Bulgarian Publication Year: 0

Some practical hypotheses require a more complete rethinking of statements established in theory and practice, as well as a comparison of legal texts created at different times, which, however, operate at the same time. Such comparison may lead to new legal conclusions or to new questions, why not to future changes in legislation or practice.

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Етажна собственост преди въвеждане на сградата в експлоатация

Author(s): Stoyan Stavru / Language(s): Bulgarian Publication Year: 0

When transferring the right of construction for specific independent objects in the future building and transferring the ownership of independent objects in a building built up to the stage of "rough construction" but not commissioned, the question arises: when does the condominium arise and can it function before the building is commissioned. The article defends the thesis that the emergence of condominium ownership should be associated with the construction of the building in "rough construction" with the presence of at least four independent objects in it, owned by different owners.

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Съществената грешка, грешката в субстанцията и грешката, релевантна за унищожаемостта на договорите

Author(s): Angel Shopov / Language(s): Bulgarian Publication Year: 0

The author observes different kinds of mistake in contracting - the essential mistake, the mistake in substance and the same defect of consent. The article draws attention to different notions of first two mistakes and to their impact on the notion of mistake as a ground for contracts’ avoidance.

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Облигаторното действие на договора и противопоставимостта му на трети лица

Author(s): Tanya Yosifova / Language(s): Bulgarian Publication Year: 0

Very often in modern legal reality, third parties are directly or indirectly affected by the binding effect of the contract. For example, in the case of assignment of a claim, transfer of a commercial enterprise, subrogation, cancellation claim, claim under Art. 134 of Obligations and Contracts Act, direct claim of the lessor against the subtenant, etc. The hypotheses are many and diverse. They affect third parties differently with different types of legal consequences in relation to them. The questions arise: can the contract create rights and obligations for third parties, and what are the relationships of the third parties to the parties to the contract. The starting point from which the analysis of the individual hypotheses should begin is the internal effect of the contract.

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Преосмисляне на понятието за търговска сделка

Author(s): Polya Goleva / Language(s): Bulgarian Publication Year: 0

The definition of a commercial transaction in Art. 286 of the Commercial Act is outdated and should be legislatively corrected to respond to the new changes in economic conditions that have been established in Bulgaria in the last 15 years and which have found their normative confirmation.

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Понятие за кредитори в производството по несъстоятелност

Author(s): Grigor Naydenov Grigorov / Language(s): Bulgarian Publication Year: 0

Insolvency proceedings, as universal enforcement proceedings against an insolvent or over-indebted debtor-trader, aim to ensure fair satisfaction of the debtor's creditors (Art. 607, Para. 1 Trade Law). These are insolvency creditors. This necessitates clarifying the concept of insolvency's creditors and distinguishing them from persons who, although creditors of the debtor, are not insolvency's creditors. The article clarifies the circle of persons who are creditors of the insolvensy and the corresponding consequences for them and the insolvensy proceedings.

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Правни аспекти на колективната електронна търговия

Author(s): Andrean Slavchev / Language(s): Bulgarian Publication Year: 0

An article draws attention to the widespread practice that has acquired the designation collective electronic commerce. The issues of its origin, nature and some of the problems that arise are considered. Attention has been paid to the control over the activity of traders, as well as to the future challenges for consumers.

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Свидетелските показания и тяхната доказателствена стойност

Author(s): Galina Arnaudova / Language(s): Bulgarian Publication Year: 0

Perceiving, remembering and reproducing certain facts from reality is a complex psychological and informational process. With it, the reflection is always in the foreground, i.e. the image built in the subject of observation about the perceived fact or phenomenon under the influence of the mechanism of self-knowledge and the thinking process of the subject, while the reflected object, i.e. the fact or phenomenon itself is present rather as a consequence. In the article, the problems of the value of what is recreated by witnesses in the civil trial are discussed.

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Правен интерес при завеждане на арбитражен иск от страна на множество изпълнители по договор под общите условия на FIDIC

Author(s): Petar Bonchovski / Language(s): Bulgarian Publication Year: 0

In this article, the question of the interest of the filing of a claim by one of several joint and several contractors under a contract subject to the general terms and conditions of FIDIC against the contractor under the contract, for the payment of a separate own share, is considered in the context of the practice of the arbitration courts. In this connection, the concept of "interest granted by law" is derived from the filing of a claim, which interest is examined only when the party asserts a right that is not fundamentally available according to the substantive law, i.e. the existence of the claim does not depend on the specific validity and provenance of the claims, but only on an assessment of the material provisions.

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Националното споразумение за организацията и прилагането на дистанционна работа в Република България - прецедент в българското колективно преговаряне

Author(s): Yaroslava Genova / Language(s): Bulgarian Publication Year: 0

The subject of the article is the European impact on the collective labour law in the Republic of Bulgaria, through the Framework Agreement on Telework, signed on July 16, 2002. The author analyses in detail the mechanism by which the measures in the European Framework are implemented in our country, making a comparison with the mechanism by which they are implemented in other EU member states, according to the Report on the measures through which the agreement was implemented in the various European countries, adopted by the European Social Dialogue Committee on June 28, 2006.

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Физиологичен афект

Author(s): Denitsa Gancheva / Language(s): Bulgarian Publication Year: 0

The subject of analysis in the article is the physiological affect as a state due to physical and mental changes in the behaviour of a certain person. All types of crimes where the physiological аffect, such as strong irritation caused by the victim, that is relevant to the legal qualification of the criminal action, have been examined.

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Връчване на процесуални документи в чужбина

Author(s): Anton Girginov / Language(s): Bulgarian Publication Year: 0

The article focuses on the national legal framework regarding the service of documents abroad, which includes international treaties and internal law. The author has analysed the prerequisites and the procedure for acceptance by the Republic of Bulgaria of a foreign order to serve a procedural document, as well as the preparation of a request for service of a document to another country. The execution of a request for service of documents has been reviewed.

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Делото "Диало" на международния съд: отложено правосъдие - отказано правосъдие?

Author(s): Tsvetana Kamenova / Language(s): Bulgarian Publication Year: 0

The article is focused on the problems that delayed justice creates. The author examines the phenomenon of this problem in the "Diallo" case of the International Court of Justice. The consequences of so-called "delayed justice" and how it affects those whose rights have been violated are analysed.

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Новият защитен механизъм на международния пакт за икономически, социални и културни права

Author(s): Irena Ilieva / Language(s): Bulgarian Publication Year: 0

The article is dedicated to the new international legal mechanism for protection of economic, social and cultural rights and the need for the Republic of Bulgaria to sign and ratify the Additional Protocol to the International Covenant on Economic, Social and Cultural Rights. The history of the creation of the additional protocol and the procedures regulated in it are reviewed.

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Договорът за натурализация между България и САЩ от 1924 г.

Author(s): Veselin Hristov Tsankov / Language(s): Bulgarian Publication Year: 0

The article is dedicated to the Naturalization Treaty between Bulgaria and the USA, ratified in the Republic of Bulgaria by Decree № 1655 of March 30, 1924. The factual situation upon the conclusion of the treaty is examined. The subject and its objectives are analysed.

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Принципи и цели на традиционните мироопазващи операции на ООН

Author(s): Nadia Boyadjieva / Language(s): Bulgarian Publication Year: 0

The article explores the principles and objectives of traditional UN peacekeeping operations. The definition of international peacekeeping operations, according to international law is considered. The principles and goals of traditional peacekeeping are outlined.

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