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5.50 €

Сравнителноправни бележки относно неравноправните клаузи

Author(s): Jordan Pangev / Language(s): Bulgarian Publication Year: 0

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts provides the basis on which the European countries build their legal framework regarding unfair terms. However, there are significant differences in the regulations of the individual countries, and it would be useful to make a comparison between the solutions adopted in the national regulations. This report will limit itself to the comparison between Bulgarian and German legislation.

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7.00 €

За личната отговорност на управителите на капиталови дружества към кредиторите при неплатежоспособност на дружеството

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

The article addresses the question of whether the current legal framework allows creditors to engage the personal directors’ liability for their mismanagement and wrongful trading, as a result of which the company’s assets have decreased and creditors have not been able to collect their claims. In a comparative legal aspect, the legal framework on this issue in English, German, Austrian, French and European Union law is examined.

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6.00 €

Необходими промени в производството по стабилизация

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

The purpose of the article is to formulate more important proposals for changing the regulation of Part Five of the Commerce Act (CA) for stabilization proceedings. They are structured in two groups – proposals to remedy shortcomings in the framework of Part Five CA established in the course of its implementation, and proposals related to the transposition of Directive (EU) 2019/1023 into the Commerce Act. The first group of proposals for changes are of a recommendatory nature, while the second group is binding, as a rule, given Bulgaria’s obligation to implement the provisions of the Directive into our law.

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6.00 €

Принципите на европейското семейно право - основни характеристики, правна природа и отграничения

Author(s): Dimitar Topuzov / Language(s): Bulgarian Publication Year: 0

The article addresses the main characteristics and legal nature of the Principles of European Family Law (PEFL, the Principles). The problem is topical due to the fact that the Principles are understudied in Bulgarian doctrine and are generally poorly known even by those researchers and practicing jurists who work in the field of family law. This not only leads to the confusion of PEFL with other legal categories but also hampers the possibility for the significant functions carried out by the Principles from being realized. By this study the author sets the task to clarify the legal nature of the Principles as to that end he deducts and analyzes the characteristics that are defining for their legal essence. The Principles are related to the sources of soft law and, in particular, to the category of private codifications. The study also clarifies the manner in which the Principles are correlated to the legislative acts, legal principles, doctrine and other categories similar in terms of their formal juridical characteristics by outlining clear dividing lines between them.

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Унищожаване на информацията, получена от прилагането на специални разузнавателни средства в досъдебната фаза на наказателното производство

Author(s): Dimitar Rumenov Popov / Language(s): English,Bulgarian Publication Year: 0

The article examines the obligations of the authorities requesting, providing and applying special intelligence means (SIR) to destroy the information obtained as a result of the application of SIR, regardless of whether it is explicit or classified information.

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4.50 €

Националната държава в променящия се свят

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

The fate of the nation-state and its future in human development is one of the topical issues on the agenda in Europe. This significant issue is influenced by internal phenomena and processes as well as globalization. It should be noted the significant change as a result of the war in Ukraine in 2022, the redistribution of world powers, the new unification and integration processes and the impact of all this on individual nation-states.

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4.50 €

Пряк достъп на гражданите до конституционно правосъдие - De Lege Ferenda

Author(s): Radoslava Yankulova / Language(s): Bulgarian Publication Year: 0

The article focuses on the matter of the legal concept of constitutional complaint missing in Bulgaria. The author puts research efforts into exploiting the potential of the Bulgarian Constitutional Court in line with the established European standards, by providing arguments to maintain the understanding of the proven need for something more in the protection of the citizens’ constitutional rights, i.e. for the ripe need to introduce the constitutional complaint as a functioning legal instrument in Bulgaria. The emphasis is put on the outline of a Bulgarian version of a constitutional complaint which, when incorporated in the positive legal order in the future, will position our country right next to countries with traditions in constitutional justice where this legal concept has been established as a legal standard and where there is rich case-law in its application.

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"Председателският съвет" в правилника за организацията и дейността на Общинския съвет, неговите комисии и взаимодействието му с общинската администрация

Author(s): Dian Dunev / Language(s): Bulgarian Publication Year: 0

The present report aims to examine and analyze the competences of the Municipal Council to establish ‘The Presiding Council’ with its respective functions regulated in the Regulations on the Organization and Activities of the Local Self-government Body. For this purpose, an analysis of the existing case-law of the administrative courts and the Supreme Administrative court has been made. The figure of ‘The Presiding Council’, which is not regulated in the Local Self-Government and Local Administration Act, is examined through the prism of legality requirements.

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4.50 €

Компетентност на административните съдилища

Author(s): Darina Zinovieva / Language(s): Bulgarian Publication Year: 0

The article analyzes the competence of the administrative courts in Bulgaria, considering the scope of jurisdiction of the types of cases in three stages according to the compliance with three constitutions, including the current one. The focus is on a pressing problem, the subject of case No.1of 2022 of the Constitutional Court of the Republic of Bulgaria.

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4.50 €

Субекти на отговорността за чужд данъчен дълг

Author(s): Krasimir Mutafov / Language(s): Bulgarian Publication Year: 0

This report focuses on the subjects of liability for foreign tax debt, regulated in the provision of Article 19 of the TIPC, and is not intended to be exhaustive. A brief analysis of the matter related to the legal framework of the individuals who can be constituted as bearers of this type of legal responsibility – specific to tax law – has been made. The thesis that sole proprietors also fall into this category of individuals is substantiated, and the relevant case law of the Supreme Administrative Court has been examined.

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4.50 €

Право на достъп до здравна грижа на хората с редки заболявания

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

In the last decade of the twenty-first century, there has been a tendency of sharp increase in the number of diagnoses registered in the List of Rare Diseases in the Republic of Bulgaria. This trend brings to the fore a number of important issues regarding the availability of medical resources and knowledge related to these diseases, patient access to modern methods of treatment and timely provision of medical assistance. There is also a significant problem with access to orphan medicinal products, which most often turn out to be suitable for controlling the condition of a patient suffering from such a disease.

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4.50 €

Правни аспекти на медицинското изделие като част от пациентската безопасност

Author(s): Emilia Angelova-Hovagimyan / Language(s): Bulgarian Publication Year: 0

A person’s health is the most valuable good that can be given to him. Under certain circumstances, however, a different medical device can be an opportunity for a more fulfilling life. In this regard, a medical device is part of the work of medical professionals and it must meet certain qualities in order to ensure the safety and well-being of the patient. The control in Bulgaria of medical devices is carried out by the Bulgarian Drugs Agency. Part of the agency’s powers are to place medical devices on the market or those that are in operation, as well as to suspend medical devices from being used through its issued orders.

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4.50 €

Предизвикателства и перспективи при определяне на приложимото законодателство по смисъла на дял II от регламент №833/2004 в условията на работа от разстояние или хибридна работа

Author(s): Siyana Dimitrova / Language(s): Bulgarian Publication Year: 0

This report addresses some challenges in determining applicable legislation within the meaning of Title II of Regulation (EC) No 883/2004 in remote working conditions or hybrid work and the prospects for applying the legal framework in relation to the guidelines given by the European Union (EU) in Administrative Commission for the Coordination of Social Security Systems Note AC125/22REV2. The COVID-19 crisis has changed the world, but it has also thoroughly changed our way of working, workplace and the employer-employee relationship. How has work changed during the global pandemic, and what will it look like in the future? People quickly figured out how to work from home. Тhe prevalence of telework has significantly increased across the world, including Europe. This, surely, applies to those employees who work across borders as well. These people no longer perform some or any of their activities in the Member State in which their employer is established, instead, they work/ed online in the Member State in which they reside, or in another Member State. Administrative legal regime concerning the coordination of Social Security Systems and application of the related Regulations faced a new challenge. Taking into account the need to assess the general interpretation of the existing legal framework, the European union (EU), by Note АС 125/22 REV2, introduced new guidelines on the application of social security systems for people, who work remotely and the application of policies for telework or hybrid work. Finding and implementing successful working patterns during the time of global crisis turned out to be not only a solution today (de lege lata), but also a prospect for a better solution tomorrow (de lege ferenda), because according to a number of researches the future belongs to the remote and hybrid work and it is supposed to remain part of the working patterns of many employees and companies with such policies to be rated as a preferred employer.

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4.50 €

Правна същност и прилагане на малозначително деяние по чл. 9, ал. 2 от Наказателния кодекс

Author(s): Antoniy Gatov / Language(s): Bulgarian Publication Year: 0

The following article examines the issues in conjunction with the legal nature and application of ‘insignificant act’ – a legal norm that can be considered essential for the proper functioning of the Bulgarian criminal justice system. The main goal of this paper is to bring some clarity to the aspects of the examined regulation. In order to achieve this, various standpoints of renowned experts in the legal doctrine as well as some of the relevant case law have been examined. Finally, the position of the author has been stated as a conclusion.

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Историческо развитие на системата на наказанията

Author(s): Silvia Stoyanova / Language(s): Bulgarian Publication Year: 0

The paper examines the characteristic features and analysis of the Punishment System in a historical-legal aspect from the beginning of the first written laws of Ancient Babylon (about 2000 years BC) and its ruler Hammurabi. The paper then examines the Punishment System in the Bible, specifically in the Old Testament, as well as the relationship and similarities between the two systems.

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4.50 €

Проблеми при прилагане на давността по чл. 227Б НК

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

The subject of this article is the Limitation period and its application to the crime under Art. 227b of the Criminal Code. The article deals with different concepts concerning the starting point of the limitation period. The case-law of the Supreme Court of SCC has been analysed. Specific practical problems are mentioned in the examination and resolution of such cases. In conclusion, proposals have been made to unify the case-law.

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4.50 €

Съдържание на актовете за привличане на обвиняем

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

Subject of analysis in the article is the mandatory and optional content of the acts by which a person may be brought as an accused in the pre-trial phase of criminal proceedings. Their requisites and the consequences caused by violation of the formal requirements, regulated by the Criminal Procedure Code have been examined. The court practice in regard of violations of the form of the acts has been traced.

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4.50 €

За доказателствената стойност на направените самопризнания от обвиняемия и изискванията на ЕКЗПЧ

Author(s): Ivan Ranchev / Language(s): Bulgarian Publication Year: 0

The subject of the paper is to trace the changes in the judicial practice in solving the issues related to the need of collecting additional indisputable evidence in support of the confessions made by the accused during the investigation, dictated by the decisions of the ECHR.

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4.50 €

Ограничаване на приложното поле на разпоредителното заседание по НПК

Author(s): Gabriel Rusev / Language(s): Bulgarian Publication Year: 0

The report includes a discussion and analysis of the field of application of the dispositional hearing under the Criminal Procedure Code (CPC), introduced by the amendment of the provision of Art. 248 of the CPC (State Gazette, Issue 63 of 2017, in force since 05.11.2017), and a comparison of the positive and negative consequences of its holding. The possibility of carrying out the differentiated procedures provided for in the CPC, after the dispositional hearing has been held, has been considered. A comparative analysis and comparison with the previous legal framework of the dispositional hearing was made. Cases were considered where the scope of the dispositional hearing was initially limited and an alternative was proposed to use another legislative technique. The possibility of taking another, different legislative approach is justified.

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4.50 €

За конкретността на преюдициалното запитване

Author(s): Joanna Shuleva / Language(s): Bulgarian Publication Year: 0

The manner of formulation of the request for a preliminary ruling by the jurisdictions of the Member States is a cornerstone for the intended use of the institution. Such is the case of the request recently made by the Sofia District Court regarding the application of the Decree on Minimum Attorneys’ Fees and the possibility that a Bulgarian judge may not comply with its prescriptions, which comes only five years after another Bulgarian request for a preliminary ruling to the same effect.

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