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The legal nature of the figure of the governor is one of debatable questions of the Bulgarian legal doctrine. In this article is carried out an attempt for additional argumentation of a concept about the governor as a regional body of the executive power. Attention is paid to the environmental protection powers of the governor under the Bulgarian environmental legislation.
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: This article addresses the complex and current problem of legal liability in cases of breach of regulations by public institutions.The first part deals with the general questions of responsibility for breaking the law by such institutions. Institutions to which the state entrusts the performance of public functions are becoming more and more obliged to hold them accountable in case of violation of the rights of natural and legal persons. The discretion of public authorities at national and European level tends to be limited by the rights of citizens and the principle of legal equality. Offenses committed by public institutions may be committed by action or omission. It is more difficult to exercise liability in the event of inaction, because in many cases it is not possible for another authority to issue the legal act necessary for the realization of the rights.The second part deals with the issue of legal protection when normative acts violate the law. Cases have been considered with regard to under-laws acts contrary to the law as well as to laws which are contrary to the constitution. Attention has been paid to cases where a law has been declared unconstitutional but no action has been taken to settle the consequences on the part of the body issuing the unlawful act. Decisions are justified that take into account the need to reconcile the rule of law, the supremacy of the constitution and the separation of powers. The measures taken at European level against unlawful actions/omissions of public institutions are also noted. The introduction of the right to good administration plays a special role in this regard.
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Contemporary Bulgarian constitutionalism has deep and solid foundations laid in the National Revival era. On April 16, 1879, representatives of the Bulgarian people, gathered in the old Bulgarian capital – Tarnovo, adopted the Constitution of the Bulgarian Princedom, known as the Tarnovo Constitution. It is the first Bulgarian founding act that revived Bulgaria for a new political life, paving the way to its modern European statehood. This paper is dedicated to the 140th anniversary of the adoption of the Tarnovo Constitution.
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The debate over the need for compulsory education and the set of educational standards in various texts of the first Bulgarian constitution, known as the Tarnovo Constitution, highlights the importance of the issue for the constitutional assembly members. The clearly recognized need to reduce illiteracy among the population and to create specialists necessary for the development of the country affects the duration of the debate and the diversity of opinions when discussing the provisions. Recognized as one of the most democratic constitutions of its time, the Tarnovo Constitution contains the entire classical catalog of human rights and freedoms, among which the right to free compulsory education,enshrined in Art. 78 of the final text of the basic law.
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The paper reviews the constitutional grounds for dismissal from public office which results from a criminal conviction. A comparison is made between the conditions for different state officials provided in the Constitution and some suggestions are made for improvement of the regulation of the matter.
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Over the years the Bulgarian Constitutional Court has established itself as the pillar of the fundamental rights and freedoms of the citizens and the irreversibility of the democratic processes. However, in the context of the growing influence of global constitutionalism it now faces a number of challenges of a new generation. The most significant democratic tool to meet these challenges is the individual constitutional complaint. The article aims to outline the parameters of future incorporation of the constitutional complaint in the Bulgarian legal order.
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Execution of the law in a philosophical aspect is a transition from general possibility through particular possibility in to a particular reality. In each law enforcement process, the decisive subject interprets the legal norm and discloses the signs of the different concepts in it. After determination of the facts from the case the law enforcement body should determine their relevant legal significance to the legal norm. Only then it can proceed to application of the consequences of the legal norm. In order to proceed to this final stage of the procedure it should come to a conclusion for identity between the normative facts and those from the case. This should be accomplished through the legal argumentation. This report aims to analyze the signs of the legal concepts; to draw the logical characteristic of the law enforcement process and to propose a way of forming the conclusion for identity trough the knowledge for the signs of the concepts and logical legislation for the common, specific and single in the law.
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The report raises questions about the place and role of information security in the construction and functioning of public relations. The author does not restrict the topic only to presenting the essence, terminology and concept of information security, but points out the methods and means to guarantee it in the course of social relations in the social systems. The report also focuses on ways to protect information security in public systems
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The article reviews the legal framework of the administrative contract in Bulgarian the Administrative Procedure Code (APC) and in special laws. The focus is on the amendments to the APC, which were made in 2018 and are also essential in the implementation of disputes related to the administrative contract. The main changes concerning this legal figure are outlined, examples are presented which illustrate the applicability of the amendments and the author's views on their suitability are presented.
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The 140th anniversary of the Tarnovo constitution gives a good reason to analyse the regulation of the Executive power according to its provisions in comparison to modern understanding of the executive power. Bulgarian perspective of the structure and activity of the Executive power today reflects the specific conditions of Bulgarian transition that influences the road of the country into European Union. The XXI century digital thinking chooses the wellbeing to the beliefs and values of the democratic world. The Bulgarian legislator in 1879 meant different values and developed different mechanisms about the state status then, which are better observed from today's point of view.,
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The present paper is intended to prove the need to modernize the regulation of spatial organisation and planning by analyzing the current legislation on the matter. Rational decision-making solutions are seeked, using the experience of other countries and legislations, and proposals are made to modernize the regulatory framework for spatial organization and planning in Bulgaria.
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20 years ago, the Administration Act was adopted, one of the acts underestimated in our law, which, however, successfully plays the role of a basic governing act that sets the basic rules for the structure of the executive power. Although criticized and demanding improvement, the Act succeeded in creating a legal framework for the structure of the administration following the different legal and organizational structures inherited by socialism and the spontaneous changes thereafter. The report briefly examines the major contributions of the law and the development of the ministerial rank created under this law.
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This report examines the issue of the decisions of Commission for Protection of Competition in the appeal proceedings against acts of the Assignor under the Public Procurement Act. The basic requirements that each CPC decision must meet are presented. The questions of the legal nature of the Commission's decisions and the scope of the examination it carries out in the appeal proceedings under the Public Procurement Act are examined. The various options for the Commission's decision have been thoroughly examined depending on the outcome of the examination. Attention was drawn to the legal consequences of Commission decisions and, the procedure for appealing them and the impact on the contracts already signed before the date of the decision of the Commission for Protection of Competition.
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A state's fiscal policy is a key pillar in its governance and provision of necessary funds in the form of public claim. Without the latter, the state as an organizational unit could not exist and develop. The task of the report is to trace the development of the concept of public revenue in Bulgarian law, being limited in the period from the establishment of the Third Bulgarian State to this moment. Accordingly, three stages will be examined in turn, namely: first stage – Kingdom of Bulgaria, second stage – Bulgaria during socialism and third stage – revenue legislation in modern development.
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This scientific study is dedicated to the executive bodies of power in the area of disability in Bulgarian law. Its actuality is related to the growing need to understand the legal construction of disability management. Attention is paid to the disability management bodies under the special PEOPLE WITH DISABILITIES ACT and PERSONAL ASSISTANCE ACT and separate secondary legislation acts. The analysis is accompanied by conclusions and suggestions for optimizing practice and legislation.
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The protection of public health is one of the main benefits, both national and European level. The risk of increasing the threat of counterfeit medicines reaching the population of Bulgaria and the European Union (EU) has created a number of legislative changes in European and national legislation, as at present, the main means of patient protection is to be achieved through a system of activities related to the authentication of medicinal products offered on the territory of the European Union. The comprehensive system called medication verification comes into force and becomes mandatory for the whole of the EU from 9.02.2019, with the exception of three countries receiving an additional transitional period. The purpose of this scientific report is to present the legal regime of the system of activities related to drug verification, the statutory organizational and financial specifics of the participants in the process, as well as to identify and analyze potential problems and to propose alternative methods for solving them.
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Communication is the main driving force in the modern world. It can be complex,but it can also create new connections for an easier and more dynamic information sharing environment. With the introduction of newer techniques and technologies, improved speed and quality of data and information exchange are achieved. In recent years, new opportunities for communication between healthcare establishments and the National Health Insurance Fund have begun to be introduced. This has led to eliminating more and more errors, or at least minimizing them in terms of activities performed, outpatient examinations, clinical pathways, clinical procedures, medicines used. The novelties are the electronic reporting and the daily check of the submitted information by the medical institutions to the National Health Insurance Fund.
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The object of the current article is the follow-up of the changes in Criminal Procedure Code with the introduction of the institute at the operative court hearing. Attention is also paid to the problems encountered in the case law in applying it as a connecting stage to the pretrial and judicial phase of criminal proceedings. An analysis is made of the trends in the return of the prosecutor's case for further investigation before and after the introduction of this institute on a national scale and in the Plovdiv Court of Appeal. The author has also formulated his conclusions on the results of the legislative change aimed at reducing the unjustifiably returned cases to the prosecutor for further investigation and the completion of criminal proceedings within a reasonable time.
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The accession of Bulgaria to the European Union in 2007 leaded to adoption of the new Civil Procedure Code. For the first time the national legislator set up procedural rules related to the Consumers’ protection, including also those about the court’s jurisdiction of the consumers’ disputes. The last year some of the existing provisions were changed or amended. Thе Article contains a brief review of the current development particularly in the field of the court’s jurisdiction in consumer’s disputes (Art.113 CPC), as well as underlines existing problems from procedural points of view. The author also makes some proposals for resolving related problems as well as he points out and gives ideas on how the national legislation might be improved in the area.
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