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30 години Юридически факултет в Университета за Национално и Световно Стопанство. Сто и една години юридическо образование и правни изследвания в унсс

Author(s): Zahary Tormanov,Suleyman Bashov / Language(s): Bulgarian Publication Year: 0

The report traces the history of legal education at the University of National and World Economy (UNWE) and its Law Faculty. It is known that UNWE is the successor of the Free University of Political and Economic Sciences, established in Sofia in 1920 by prominent lawyers and statesmen. The first part of the report focuses on legal education at the Free University. It is monitored the scientific and international activity of the lecturers in the various legal disciplines in this period. Attention is paid to the five law departments that existed in the period between 1940-1948. Special attention is paid to the academic staff, part of which are the most prominent names of Bulgarian legal thought. Furthermore, the report focuses on the transformations in legal education at the UNWE which took place after the establishment of the socialist regime in Bulgaria. The report marks the names which forms the academic body, which grew into an independent Law Faculty in 1991. In conclusion, the report presents the remarkable achievements of teachers and students, which mark the upward trend of development of the Law Faculty of the UNWE.

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Съвременни тенденции в производството по издаване на нормативни административни актове

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

The report reviews the contemporary trends in the development of the ad-ministrative rulemaking procedure, namely trends related to the democratization of the said procedure. Different forms of participation of individuals and their organizations, such as participation of individuals in public consultations, rulemaking initiative of individuals, proposals via public initiative and participation of individuals in workgroups and advisory boards have been reviewed. Emphasis is put on the possibility to vest rulemaking authority in organizations which are not state authorities and the option to implement negotiated rulemaking. On the basis of the analysis of the aforestated contemporary trends in the development of the administrative rulemaking procedure, suggestions for improvement of the administrative rulemaking procedure have been discussed along with the potential implementation of new rulemaking forms, which shall warrant the active participation of individuals and their organizations in the administrative rulemaking procedure.

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Анализ на правото на възложителите на обществени поръчки да отменят и изменят свои решения от позиция на административноправната теория

Author(s): Ilonka Goranova / Language(s): Bulgarian Publication Year: 0

Within the framework of public procurement procedures, contracting authorities/entities issue various decisions, defined by the legislator as individual administrative acts. The Public Procurement Act provides for the possibility for the author of an administrative act to revoke or amend it until its entry into force. There are hypotheses in which this could happen after the entry into force of the act. The decision revoking or amending the respective act is also considered an individual administrative act by the legislator. As a rule, all these acts are subject of a review for legality before the Commission for Protection of Competition.

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Социални и икономически последици за българското кино от приемането на измененията в закона за филмовата индустрия /2021 г. /

Author(s): Diana Andreeva-Popyordanova / Language(s): Bulgarian Publication Year: 0

This analysis examines the amendments to the Film Industry Act, the Regulations for the Practice of the Film Industry Act through the prism of social and economic aspects on the Bulgarian film industry. The market and non-market defects in the film industry and the change of market rationalism in the film process are considered. The procedure for preparation of amendments to the Law on the Film Industry is analyzed, reflecting the violations in the stages of coordination, adoption in the National Assembly of the Republic of Bulgaria, as well as the process for preparation of the bylaws. The expediency, efficiency and effectiveness of state aid for the film industry are reflected, as well as the problems with the control of public finances and methodology for assessing and measuring economic effects of the reimbursement scheme for foreign productions shot in the country.

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Правен режим на търговията с хранителни добавки в България

Author(s): Borislav Atanasov / Language(s): Bulgarian Publication Year: 0

Each economic activity, including the trade one is done in compliance with a certain regulatory regime. The European legislation is transposed into the Bulgarian practice through the respective legal acts; it ensures certain level of competitive environment between the economic organizations and consumers protection in the purchase process. In recent years, the advertisement of different types of food supplements through different communication channels has become more widespread and this provides the possibilities to consumers to make a purchase through more than one trade channel. In this study, based on the examination of the current legislation in the field of the trade with food supplements, an attempt to define the main principles of the regulatory regime in doing this economic activity in both commercial and non-commercial form of trade is made.

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За новия ред при провеждане на конкурсите за избор на управителите и членовете на колективни органи на управление на лечебните заведения

Author(s): Rositsa Roumenova Rogova / Language(s): Bulgarian Publication Year: 0

Responsibility for increasing efficiency, for the introduction of modern technologies and practices in hospitals and for ensuring the quality of hospital care should be borne by the managers or members of collective management bodies of medical institutions. They should be called upon to apply in practice and in a real working environment the measures set out in the strategy papers. They are direct executors of the health policy, by using the organizational, professional and managerial methods chosen by them. However, a reasonable question arises whether these leaders can be at the level of ambition of the draft health strategy, respectively the planned health policy and whether they share the desire for change to be made in the next decade according to the draft National Health Strategy 2021-2030.

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Прекъсване на спряла давност

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

The article examines the combination between the facts which interrupt prescription and those which suspend it.

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Поглед към способите за установяване на данъчни задължения и задължителни осигурителни вноски установени в ДОПК

Author(s): Nina Chilova / Language(s): Bulgarian Publication Year: 0

The methods for ascertainment of the tax obligations and the obligations for compulsory social-insurance contributions in TSIPC are basically two: ascertainment of these obligations by submitting tax returns from the tax obligated subjects and conducting tax audit. Each of these methods has its specificities, but along with the differences they have a number of similarities, both in terms of the competence of the revenue authorities and in terms of the legal consequences from the acts concluding these proceedings.

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Публичноправни аспекти в уредбата на държавния монопол по чл. 18, ал. 4 от Конституцията на Република България

Author(s): Hristo Paunov / Language(s): Bulgarian Publication Year: 0

The Constitution of the Republic of Bulgaria regulates the free economic initiative, provides conditions and guarantees for its deployment, but also preserves state regulation and the possibility of establishing a state monopoly. The subject-matter of this statement is certain public law aspects which raise the issue of The State's monopoly law and the authorization to exercise it.

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Относно предстоящи законодателни промени във връзка с основанията за изменение на договор за обществена поръчка

Author(s): Ilonka Goranova / Language(s): Bulgarian Publication Year: 0

The report deals with the analysis of the draft Law on Amendments and Supplements to the Law on Public Procurement submitted in May 2022 by a group of MPs. The proposed amendments concern price indexation under public procurement contracts based on a special methodology defined by the Council of Ministers and contained in an appendix to the rules for the implementation of the law.

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Забраната за дискриминация в практиката на Европейския съд по правата на човека

Author(s): Boyka Cherneva / Language(s): Bulgarian Publication Year: 0

The Protection against discrimination is based on the idea of social justice and aims to guarantee equal access to rights. The European Convention for the Protection of Human Rights and Fundamental Freedoms establishes a general prohibition of discrimination in the exercise of any other right protected by the ECHR (Article 14). Protocol № 12 to the ECHR extends the scope of the prohibition of discrimination to any right established by law. The report examines the different approaches in the Case-law of the European Court of Rights in the application of Article 14 of the ECHR. Depending on the established violation; the protection against discrimination is accessory or independent. The Particular attention is paid to the practice of the ECtHR in cases against Bulgaria.

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Административното сътрудничество съгласно Конвенцията за взаимно административно сътрудничество по данъчни въпроси

Author(s): Ginka Simeonova / Language(s): Bulgarian Publication Year: 0

The member states of the Council of Europe and the member states of the Organization for Economic Co-operation and Development (OECD) sign the Convention on Mutual Administrative Assistance in Tax Matters in order to prevent the possibility of tax avoidance and evasion in the context of international and free movement of persons; capital; goods and services; which in itself needs an increasing cooperation between the tax authorities of different countries.

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Конвенцията за защита на правата на човека и основните свободи в най-новата практика на Конституционния съд на Република България

Author(s): Zornitsa Yordanova / Language(s): Bulgarian Publication Year: 0

In the paper the author analyses the references that the Constitutional court of the Republic of Bulgaria makes in its latest case-law to the European Convention for the protection of human rights and fundamental freedoms (in the acts of the Court from the year 2020 to this day). The importance of the Convention is emphasized as a standard for the national legislation in the matter of fundamental rights.

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Приносът на Съвета на Европа за защитата на правата на националните малцинства

Author(s): Katerina Yocheva / Language(s): Bulgarian Publication Year: 0

Under consideration in the article is the legal regulation regarding the protection of national minorities; adopted in the framework of the Council of Europe. The evolution of the drafting of the Framework convention for the protection of national minorities is outlined as well as under consideration is the issue that the framework Convention contains no definition of the notion of „national minority“; with regard to which there was no agreement between the Member States of the Council of Europe.

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Общоизвестните марки като обекти на особен залог, приложимо право и особености

Author(s): Mihaela Mihaylova / Language(s): Bulgarian Publication Year: 0

The well-known trademarks are a key factor in the corporate image and corporate identity building. They are an asset that, if measured in money, could potentially skyrocket a commercial enterprise to the top of the market. Contractual relationships and legal institutions associated with well-known trademarks are often obscure and imperfect. The question arises to what extent the legal framework of a special pledge of a trademark and specifically of a well-known trademark meets the requirements of commercial and civil turnover. The current article gives an overview of the peculiarities of the applicable law in the field of special pledge and well-known trademarks.

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Наказателноправни аспекти на противодействието на тероризма в актовете на Съвета на Европа

Author(s): Ralitsa Kostadinova / Language(s): Bulgarian Publication Year: 0

The report makes an overview of the acts of the Council of Europe; which influence the criminal legislation of the member states. As the Republic of Bulgaria is a member of the Council of Europe since 1992; it is important to clarify the system of legal instruments for combatting terrorism in order to understand the national criminal law prevention of terrorism; on one hand; and as the primary source of the current model of counter terrorism in the European Union.

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Анализ на предложенията за изменение и допълнение на Закона за обществените поръчки, внесени в Четиридесет и седмото Народно събрание

Author(s): Tsvetoluba Vaseva / Language(s): Bulgarian Publication Year: 0

This report will present an analysis of the proposals for amendments and additions to the Public Procurement Law (PPL), submitted to the Forty-seventh National Assembly (NA) as of the date of this conference. They provoked a very wide public discussion, in view of which their analysis is of both scientific and public interest.

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Относно някои дискусионни въпроси, свързани с Договора за обществена поръчка

Author(s): Sneja Ivanova / Language(s): Bulgarian Publication Year: 0

Object of research in this report are the main features of the public procurement contract. The regulation on the contract is in Public Procurement Act (PPA) and its by-law acts as for the unsettled cases the Commercial Act and Obligations and Contracts Act shall apply. The report begins with overview of the definition of public procurement contract and discussion analysis that arise after its interpretation. It is concluded that under public procurement contracts should be understood only as concluded after a public procurement under the PPA and not those after direct award. The report continues with a review of the different views about its nature and its distinction from other similar legal figures.

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Динамика в развитието на отношенията между Съвета на Европа и Европейския съюз

Author(s): Veronika Stoilova / Language(s): Bulgarian Publication Year: 0

As one of the engines for the development of the civilization; Europe has always been characterized by the joint efforts of the continents countries to achieve greater unity in the region; while respecting the shared core values of pluralistic democracy; human rights and the rule of law. The Council of Europe and the European Union - two independent international organizations with different but complementary roles - share these core values. In the context of the common desire to achieve unity in the realization of the ideals of a common democratic heritage; the dynamics in the relations between the Council of Europe and the European Union in the field of bilateral political dialogue and legal cooperation are increasingly emerging.

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Правата на непълнолетните извършители в актовете на Съвета на Европа и възстановителното правосъдие

Author(s): Gergana Andonova / Language(s): Bulgarian Publication Year: 0

Juvenile offenders do not lose and should not lose their right to be treated as children. It is no coincidence that a wide range of their rights are enshrined in acts of the Council of Europe. Punishment is not always the best approach to rehabilitating young offenders and reintegrating them into society. In many cases; it is appropriate and necessary to implement alternative measures that are not in conflict; but more fully guarantee the rights of juvenile offenders; such as restorative justice.

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