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Същност на отговорността на международните организации

Author(s): Irina Moulechkova / Language(s): Bulgarian Publication Year: 0

The author presents her views on the essence of the responsibility of international organizations for internationally wrongful acts in the light of the Draft of 2011of the International Law Commission. It is focused on a short theoretical analysis on conditions to arise the international legal responsibility, on internationally wrongful act and on attribution of conduct to an international organization.

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Изграждане на капацитет в държавите от Западните Балкани: секторът за сигурност и отбранителните институции

Author(s): Selmo Cikotić / Language(s): English Publication Year: 0

The present article is dedicated to the security challenges in the globalized world, which have specific features in the region of the Western Balkans. At this setting the author presents some problems to internal stability in Bosnia and Herzegovina and defines them as having significance not only regionally, but in a larger international context. The participation of Bosnia and Herzegovina in international organizations in the field of security and defence and particularly the prospect for its future NATO membership is analyzed in comparison with other options – demilitarization or neutrality. According to the author NATO membership preceding an EU accession is the only effective solution to security challenges in Bosnia and Herzegovina.

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Предизвикателството e-health: международноправни аспекти

Author(s): Gabriela Belova / Language(s): Bulgarian Publication Year: 0

This article attempts to outline some of the problems that could arise when information and communication technologies are introduced into the healthcare system (e.g. the use of various applications for mobile devices, remote therapy and disease monitoring, etc.) from a point of view human rights doctrine and the protection of personal data.

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Прекратяване на трудовото правоотношение по взаимно съгласие и по инициатива на работодателя срещу уговорено обезщетение

Author(s): Andrey Aleksandrov / Language(s): Bulgarian Publication Year: 0

The labor legislation regulates two mechanisms for termination of the employment relationship as a result of the common will of the parties: by mutual consent (Art. 325, Para 1, it. 1 LC) and on the employer’s initiative against agreed compensation (Art. 331 LC). The aim of the study is to reveal the differences between these two mechanisms and to answer the question whether they are reasonable.

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Арбитражното решение. Категории съгласно международната и националната уредба. Възможност за прикрепяне на правни последици

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

The national legislation provides for considerable privileges for the domestic arbitral awards in respect to the possibility of attaching legal effects. The paper analyzes and criticizes this legislation and its interpretation and application in constructive way, thus suggesting possible amendments. For the latter purpose, the most important international instruments and the international trends and approaches in other legal systems are also considered.

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Конститутивните съдебни решения в светлината на придобивния способ

Author(s): Dimo Hadzhiev / Language(s): Bulgarian Publication Year: 0

The report focuses on clarifying the essence, the legal nature and the legal consequences of the constitutive judgements under Art. 19, para. 3 of the Obligations and Contracts Act (OCA), Art. 33, para. 2 of the Ownership Act (OA) and Art. 349, para. 1 and para. 2 of the Civil Procedure Code (CPC), which they respect as legitimate claims within the meaning of those provisions.

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Необходимостта от законодателни изменение по отношение формата на завещанието

Author(s): Martin Penchev / Language(s): Bulgarian Publication Year: 0

In the present research, the legislative framework on the formal requirements of the handwritten testament is thoroughly analyzed. A comparative study is included which examines the requirements of the types of wills and their statutory regulations. A specific proposal de lege ferenda for improving the legal framework in this part of the Succession Act.

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Конвенцията за опазване на нематериалното културно наследство на ЮНЕСКО и Република България

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

The report is aimed at presenting the main content of the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage: the definition for “intangible cultural heritage”, the bodies, based on the Convention, the Regional Centre for the Safeguarding of Intangible Cultural Heritage in South-Eastern Europe with seat in Bulgaria, the Representative List of Intangible Cultural Heritage and the safeguarded Bulgarian intangible cultural heritage in it.

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Конвенцията на ЮНИДРОА от 1995 г. за откраднатите или незаконно изнесени предмети на културата – незаменимо допълнение към Конвенцията на ЮНЕСКО от 1970 г. за засилване на българската законова рамка по отношение на международни искове за връщане на к

Author(s): Marina Schneider / Language(s): Bulgarian Publication Year: 0

The UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects is a step towards the unification of law and an important stage in the definition of a specific regulation of cultural property. It was prepared at the request of UNESCO to integrate and reinforce its 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. Although directed at the same problem, and fully complementary, it is evident that there are differences between the 1970 and 1995 Conventions.This article will examine the mechanisms provided for by the Convention relating to restitution of stolen objects and to return of illegally exported objects, and in particular the concept of “due diligence”. This norm has today become a benchmark and has in particular been taken over by European Directive 2014/60.Some instruments developed by UNIDROIT have provided real guidance in the areas of law they cover. This is particularly the case of the 1995 Convention. Beyond the number of States Partiesto this instrument, its influence is evident, in particular the concept of due diligence, in national legislations, case law and in the recent legislative effort at European and international level.

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За едно координирано регионално управление на културното наследство на Балканите

Author(s): Giovanni Cimbalo / Language(s): English Publication Year: 0

The intervention will analyze the legislation of the countries of the Balkans area to identify the common elements and propose actions to coordinate legislation that contribute to a coordinated management of cultural heritage for the purposes of their conservation, protection and use. To this end, the general lines of the laws of the individual countries will be analyzed. The possible interventions will be proposed for a management of homogeneous areas and sectors that at least partially exceed the national divisions in a European perspective.

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Санкционната система в италианското право на културните ценности

Author(s): Paolo Garbarino / Language(s): Bulgarian Publication Year: 0

Within the Code of cultural heritage and landscape of the year 2004 (Codice dei beni culturali e del paesaggio – d.l. 22 gennaio 2004 n. 42) a significant part is devoted to the sanctions (Articles 160–181), thus leading to the conclusion that a real and essential sanction system safeguarding the cultural heritage has been established.The norms in the Code envisage mainly sanctions of administrative nature (Article 160–166), which I will present briefly. The Code also contains provisions regarding the invalidity of all legal acts violating the provisions of the Code itself, which seems to be entirely of civil law nature. I will also discuss those provisions, which constitute certain discrepancies in light of their interpretation by the Italian Court of Cassation.Then, in a synthetic elaboration I will focus on the norms envisaging sanctions of criminal nature (Articles 169–180). The emphasis can actually be on the fact that this Code does not exhaust the criminal matter concerning protected cultural values and landscape but its norms are added to those in the Italian Criminal Code although this creates a possibility for manifestation of some problems when coordinating their application.Another aspect that will be presented is the fact that in some cases the norms of criminal nature in this Code concern violations of the law related to endangering, most often consisting of the absence of request to the competent administrative authorities (The Ministry of Cultural Heritage and its divisions) for granting permissions or giving concessions: these violations are considered performed even if the relevant cultural site has not suffered any damages due to such absence. Some scholars raise the issues of the constitutionality of these norms due to their too general content or because they are founded on not so well-defined requirements of the administrative offices.In conclusion, the issues related to the actual efficacy of the sanction system in its complex form will be discussed, by presenting some proposals for its review so that it can be more effective in the field of protection of cultural values.

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От стоки към ценности. Италианската юридическа литература по темата за културното наследство между XIX и XX век.

Author(s): Elisabetta Poli / Language(s): English Publication Year: 0

The paper focuses on Italian legal scholarship while developing principles and theories that could be deemed as grounding Italian legislation aimed at protecting the national cultural heritage after national unification. Although this legislation inherits instruments and solutions dating back to previous centuries, in the considered period it acquires a new physiognomy and inner structure, thanks to the conceptual contribution of legal scholarship, that also draws inspiration and hints from European juridical culture, circulating across national borders. In the history of (not only) national law protection of cultural heritage, the identification of the juridical status of ‘cultural goods’ acquires specific importance and deals with a kind of new asset of individuals-society-humanity relationship, seen through the legal prism of ‘property’. That’s because these specific goods are physical corpora taking over a set of values which is ontologically immaterial. ‘Immateriality’ acquires specific significance with regard to these goods, being the intrinsic aesthetical-cultural value – also in its identitarian declination – coessential to them. Hence, these goods embodying values challenge Italian legal scholarship, suggesting a new dialectic between individuals and collectivity, this last one progressively shifting from a national dimension to a global one.

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Ролята на благотворителните фондове при защитата на недвижимото културно наследство в Италия: „Държавноориентираният“ модел срещу алтернативните решения, основани на частната собственост

Author(s): Letizia Casertano / Language(s): English Publication Year: 0

This paper’s main objective is to identify the key role that alternative regimes based on integration and cooperation between public regulatory authorities and private property could play within the context of protection and enhancement of cultural property. In this regard, The National Trust in the United Kingdom has inspired innovative solutions all around the world, including also Italy where foundations are taking on an increasingly important role in the protection of immovable cultural heritage, in parallel with the broader consensus regarding the participation by the private sector at different levels. Due to insufficient public funding and infrastructure in this area, the involvement of the private sector is crucial, and this in turn calls for the implementation of virtuous regimes governing cooperation between public and private institutions.

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Относно демокрацията: културата и градът

Author(s): Giovanni Lobrano / Language(s): Bulgarian Publication Year: 0

The article reviews some of the aspects of the so-called “insufficiency of democracy” in contemporary world related to the inconsistency between the term of democracy and the notion of it. In the attempts to understand and reconstruct democracy, the author proposes an exploration of ancient civilization because the issue of democracy raises the issue of culture and its understanding in the first place, especially in its historical and legal aspect. Just then comes the political will.A series of summaries and comparisons has been made between democracy in Ancient Greece and in Rome, between the perception of ancient traditions and models during the time of bourgeois revolutions and in the modern world. The author assumes that the historical and dogmatic knowledge was taken apart from democracy and from the republic and it was not discovered again in the science of law of the twentieth century.One of the current tasks of legal science and, more particularly, of Romanist science, is to restore in modern culture the knowledge of the democracy and of the republic in their ancient context and essence.

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Свободата на религиозното самоопределение и наказателноправната ѝ защита в Република България

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

The report examines only one aspect of the criminal defence of freedom of religion in Bulgaria – the protection of the inviolability of religious churches, prayer houses, sanctuaries or adjoining buildings, their symbols and tombstones, which is provided in Art. 164, para. 2 of the Bulgarian Criminal Code. The question of when the subject of a criminal offense under Art. 164, para. 2 of the Criminal Code constitutes a cultural value under the Cultural Heritage Act has been examined. The manner in which this circumstance affects the responsibility of the perpetrator of the crime is analyzed.

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Правна закрила на културните ценности според правилата на международното частно право

Author(s): Diana Marinova / Language(s): Bulgarian Publication Year: 0

The present paper is dedicated to legal protection of cultural values where they are the object of relationships with an international element whose legal regulation has been of interest to more than one country. These frequently arising relationships have been analyzed and particularly, the property relationships have been mentioned because in Private International Law (PIL) “cultural values” is understood mostly as objects, recognized as cultural monuments.With the aim to provide a more profound presentation of the subject of this research, the paper has mentioned and analysed both the national regulation under the PIL Code, and the international legal regulation under some of the most important international acts, such as UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects. Important place has also been given to the supranational legal regulation in the EU law acts – contracts, regulations and directives.The general problem presented by this research is to determine the law applicable to disputes with an international element dealing with cultural values. The answer of this basic PIL question has been given in the light of national, supranational and international regulation.

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Придобиване на съкровище – вещноправни и наказателноправни аспекти

Author(s): Petya Konstantinova / Language(s): Bulgarian Publication Year: 0

The article seeks answers to some questions about the acquisition of a treasure in which there are movables that have a status of cultural values. From the point of view of property law, the questions about the essence of the acquisition method are examined. The rights and obligations of both the treasurer and the state under the Property Act and the Cultural Heritage Act are analyzed. From the point of view of criminal law, attention is paid to the means of combating and countering, adopted by the European criminal law systems, in view of international standards concerning crimes against cultural values. The aim is to make a distinction between crimes where cultural values are the subjects of violation and the text outlined within the system of crimes against property in Art. 208, para. 4 of the Criminal Code pertaining to objects with cultural value contained in a treasure.

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По някои въпроси на прилагането на процедура на договаряне без предварително обявление в контекста на европейското законодателство в областта на обществените поръчки

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

The negotiated procedure without prior publication is one of the means of awarding public contracts. As contracting authorities derogate from the principle of transparency, they should apply that procedure only in exceptional cases, always justifying its use. The legality of contracting authority decision to use that procedure is a prerequisite for the conclusion of effective contracts, as well as, the lawful expenditure of public funds. Contracting authority, that has conducted a negotiated procedure without prior publication, in the absence of the preconditions specified in the law, is subject to administrative penal liability. In their turn, interested stakeholders can file a claim for ineffectiveness of the contract before court.

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Разпоредбата на чл. 69 ЗКПО като данъчен стимул за развойни дейности

Author(s): Stoycho Dulevski / Language(s): Bulgarian Publication Year: 0

Tax incentives are known in various forms in the domestic legislation of many states. They also appear in the Bulgarian tax law in the separate substantive tax acts. Their specific purpose and determine their diverse manifestation. For the purposes of the current study, attention will be paid to the provision of Art. 69 Corporate Income Tax Act (CITA) and its relationship with research and development activities (R&D). In this regard, future author’s recommendations on this issue will be proposed, taking into account the good practices in some states.

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THE VIENNA CONVENTION ON INTERNATIONAL SALE OF GOODS: A TOOL FOR UNIFICATION OF REGIONAL REGULATIONS FOR TRADE IN GOODS IN EUROPE?

Author(s): Miloš Trifković / Language(s): English Publication Year: 0

Research shows that the impact of the Convention on International Sale of Goods (CISG) on national legislators and legal practitioners in international trade of goods is not as significant as CISG’s acceptance on global and European level. Overcoming that difficulty in the area of commercial sales is the central subject of this paper. Comparison of CISG with sale laws in EU, CEFTA 2006 and BH reveals that the CISG vertically influences these systems in two basic ways. The model of direct impact means solely the adoption of the Convention into national law as the source for international sales. Reception of CISG’s norms into national general sale and contract law is the main feature of the second, indirect model. So far, the direct model of CISG’s influence absolutely dominates in legal systems participating in European regional integrations. That dominance doesn’t translate into CISG-driven unification of national domestic sale legislation and contract law in general. Thus, state legislators have room to create new, different solutions for substantially identical sale transactions at home and abroad. In order to avoid the crumbling of historically achieved horizontal unification level among national sale and contract laws, the implementation of the CISG indirect model is a necessity. Consequently, the CISG can really be a tool for unification of regional regulations of trade in goods in Europe only if the direct and indirect models are applied jointly and successfully. EU practice offers a useful pioneering experience for this process.

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