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Предишните осъждания на субекта на престъплението и обществената му характеристика като отегчаващи и смекчаващи вината обстоятелства

Author(s): Tervel Georgiev / Language(s): Bulgarian Publication Year: 0

The paper presents a brief analysis of the concept of public danger of the act and the cases that determine the degree of public danger. The issue related to the circumstances that depend on the decision to take one or another measure of restraint against the accused is commented on. An opinion is expressed that the degree of public danger of the perpetrator can be judged mainly by whether he has a criminal record and what his social characteristics are. It also touches on the important issue of the individualization of punishment and the possibility of imposing a lighter sentence depending on the absence of criminal record.

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Правовият ред в българските възрожденски еснафи

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

This paper discusses the concept of guild and the status of guild organizations. This also necessitates the consideration of the issues related to the legal order and administration of justice in guild organizations. The statutes, punishments, collective supplies and sales characteristic of guild organizations, unfair competition, etc were examined. In conclusion it is said that the customs of the guilds can be accepted as the first written laws of the new Bulgaria, and their court – its first judicial institution.

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Ревизия на Конституцията на Република България от 1991 г.

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

This work examines the term “revision of the Constitution” as a form of amendment, addition or repeal of individual provisions. Attention is drawn to the destinction between amendment and addition, on the one hand, and the power to create a new Constitution, on the other. The procedures for amending and supplementing the Constitution of Republic of Bulgaria, as well as the procedure for adopting a new one, are set out in detail. At the end of the development, the stability of the Constitution as a legal act of the state is considered.

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Правото и правната наука през следващото хилядолетие

Author(s): Zhivko Stalev / Language(s): Bulgarian Publication Year: 0

The present work focuses on law as a normative entity and legal dogmatics as a type of legal science. The question is whether there will be the law in the coming and next millennia. Its expected development is commented on, as well as how changes in the law will affect legal science.

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Изискването за спазване на административнопроизводствените правила

Author(s): Kino Lazarov / Language(s): Bulgarian Publication Year: 0

The paper draws attention to the administrative procedure with its characteristic features. The analysis presents the main purpose of the administrative process. The grounds for annulment of the administrative act related to a substantial violation of the same are also indicated.

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Луганската конвенция за юрисдикция и изпълнение на решенията по граждански и търговски дела

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

This development concerns the problem of jurisdiction and the execution of decisions in civil and commercial matters, as an essential part of the functioning of the EU. A detailed framework of Lugano Convention, its goals, content and interpretation is presented. The question is raised aboud the need for Bulgaria to join the Lugano Convention, as well as the possibility of Bulgaria’s parallel participation on the Lugano Convention and in the Hague Conventions on judicial cooperation.

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Правни проблеми при трансплантация и органодонорство

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

This paper sheds light on one of the methods for treating patients with organ failure – transplantation. Reference is made to the history and the first attempt at transplantation is also discussed. The legal issues related establishing brain death, giving consent for organ donation from a person in a state of brain death, and those related to giving consent for organ donation from a living donor are touched upon. In conclusion, the legal aspects in various branches of law related to transplantation and organ donation are also presented.

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4.50 €

Разделението на властите и правото на съдебна защита като основания за възникване на съдебния контрол в наказателния процес

Author(s): Veselina Stavreva / Language(s): Bulgarian Publication Year: 0

The article focuses on the two most essential, according to the author, grounds for the emergence of judicial review in the criminal proceedings - the separation of powers and the right to judicial protection. In general, the development of the idea of the separation of powers is presented through the views of the most famous theorists. Attention is drawn to the difficult path of building an independent judiciary in the country by tracing the implementation of the principle of separation of powers in the country’s constitutions over the years. The role of the judiciary is objectified as the main instrument through which law affects public relations in conditions of pandemics, wars and social inequalities, when the rights of citizens are affected to a more serious degree, especially in the criminal process. The normative consolidation of the judicial protection function as part of the role of the State of Law in the country and around the world is reflected. The main ways to protect the rights of citizens in the criminal process by means of judicial protection procedures and judicial review are also considered.

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4.50 €

Прилагането на закона за чуждестранните корупционни практики на СAЩ в US V. Kаy и US V. Harder като пример за подобряване на българското законодателство в борбата с корупцията

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

This report analyzes the US Foreign Corrupt Practices Act (FCPA) through the prism of the history of two case studies from the practice of US courts, as well as the decisions on them of the relevant courts. The two case studies have been selected in view of their practical significance for the application of the FCPA and the benefits they would have for improving the Bulgarian anti-corruption legislation. The first case - United States v. Kay explains the importance of having a ‘business nexus’ in cases of giving a bribe leading to the acquisition, retention or transfer of a business to another person in a foreign country. The court decisions in the second case - United States v. Harder lead to clarification of the legal framework and content of the concept of ‘foreign official’ under the FCPA. The case examined the legal status of the European Bank for Reconstruction and Development as a public international organization, as well as the status of its officials who participated in a corruption scheme. Based on the analysis of the two cases, this report concludes with proposals for improving the Bulgarian theory and legislation, especially the content of Article 6 of the Counter-Corruption and Unlawfully Acquired Assets Forfeiture Act.

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Международни многостранни споразумения по опазване на защитените природни територии с участието на Република България

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

This scientific study is dedicated to the international law regime for the conservation of the protected natural areas. The attention is paid to legal measures for the protection of these areas under certain international multilateral universal agreements with the participation of the Republic of Bulgaria. Finally, some general conclusions are deduced from the examined international law regulation.

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Декларациите на международната организация на труда

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian Publication Year: 0

The subject of the scientific analysis is the nature and significance of declarations as acts adopted by the International Labour Organization. The paper deals with the six solemn declarations that were adopted at sessions of the International Labour Conference (the General Conference).

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Реформата в българското наказателно право и правораздаване - за или против

Author(s): Momyana Guneva / Language(s): Bulgarian Publication Year: 0

The article is devoted to the reform of criminal law and procedure and to their synchronization with European standards. The necessity of changes adequate to the modern counteraction of contemporary crime is emphasized, however not the indisputable way in which these changes should be implemented. The changes are examined and analysed, covering three main areas: institutional building, criminal procedure and substantive criminal law.

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Марксизм в структуре уголовно-правогого мышления

Author(s): Alfred Ernestovich Zhalinsky / Language(s): Russian Publication Year: 0

This article examines the epistemological problems of criminal-law science and Marx's method, which continues to develop today and is consistent with contemporary criminal law thinking. Addressing Marxist theory will help resolve many pressing and complex questions of criminal law, i.e. the range of protected values; the relation of interests of different social groups, the legitimate repression and its consequences, etc.

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Тенденции в прилагането на нови технологии за събиране и изследване на доказателства в съответствие с реформите в наказателния процес

Author(s): Kostadin Bobev / Language(s): Bulgarian Publication Year: 0

The article is devoted to the effective use in the criminal procedure of the new technologies of collection and examination of material evidence and to the harmonization of the legal framework regulating the investigative and forensic actions with the latest technical methods and tools applied by the leading forensic institutes and laboratories in Europe and the world. It comments on the processes of unification of the actions and means of application of the different forensic techniques in Europe, regulated by the European Network of Forensic Science Institutes (ENFSI).

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Аспекти на реформите в римския наказателен процес по времето на републиката

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Publication Year: 0

The article presents a summary of some facts of the evolution of Roman criminal procedure law and its application in the specific historical context, which as ideas, directions of development and principles may have a bearing on contemporary reforms of this matter. It studies the problem of the bail of the defendant in the Roman criminal process in the reform of criminal justice, which is related both to the constitutional right of defence and to the actual application of the presumption of innocence.

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Някои аспекти на превенцията на престъпността в Древния Рим

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Publication Year: 0

The article aims to point out that crime prevention has its foundations laid back in Antiquity and in particular in Ancient Rome. Prevention is a term having a Latin origin, as stated in all dictionaries. It is since ancient times that not only theoretical views have been formed, but also concrete measures to prevent criminal activity, created sporadically for specific political needs but also consistently following a certain policy to counteract unlawful acts, complementing each other and acting.

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4.90 €

An Assessment of Space Security: Understanding Space Threat Vectors and Their Impact on Military Aspects and Human Security Under International Law

Author(s): Nebile Pelin Mantı / Language(s): English Publication Year: 0

While the concept of space security was initially defined in military terms, depending on the strategic balance between the first space actors, the United States, and the Soviet Union, today, with the increasing number of public and private sector space activities, as a concept relevant to the safe access to space and free uses of space for peaceful purposes, the space security has been shaped as a three layered concept consisting of (1) security of human/state assets in space against natural threats, (2) security of human/state assets in space against man-made threats, and (3) security against threats originating from space, distinguishing civilian and military uses, as well as environmental dimensions, and the use of space for security and defense purposes.

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Stosowanie nietypowych form zatrudnienia z naruszeniem prawa – wprowadzenie do dyskusji

Author(s): Tomasz Duraj / Language(s): Polish Publication Year: 0

The aim of the chapter is to introduce the reader to the issue of the use of atypical forms of employment in violation of labour law and social security law, which was the subject of the 5th jubilee All- Polish Scientific Conference of the series “Atypical Employment Relations”, organised in Łódź on 1–2 December 2022 in a hybrid formula, both at the Faculty of Law and Administration of the University of Łódź and via the Internet. The event was organised by the Centre for Atypical Employment Relations and the Student Scientific Forum on Atypical Employment Relations of the Faculty of Law and Administration of the University of Łódź, as well as the Regional Labour Inspectorate in Łódź. The author presents his own reflections on the issues covered by the conference.

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Dylematy podstaw prawnych i ochrony nietypowych form zatrudnienia

Author(s): Małgorzata Gersdorf / Language(s): Polish Publication Year: 0

The analysis tends to predict the future of employment and the scope of subordination. It also underlines the need for research on the types of employment contracts.

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CURRENT ISSUES OF THE JUDICIAL PRACTICE CONCERNING THE CRIMES OF ILLEGAL CROSSING OF THE STATE BORDERS OF THE REPUBLIC OF BULGARIA AND A COMPARATIVE ANALYSIS WITH THE JUDICIAL PRACTICE CONCERNING THE CRIMES, RELATED TO HUMAN TRAFFICKING

Author(s): Jovita Grigorova / Language(s): English Publication Year: 0

This report examines the problems of the judicial practice, which the law enforcement authorities face, caused by the dynamics of criminal proceedings with the subject of crimes against the order of government and specifically those for illegal crossings of the state borders of the Republic of Bulgaria, correlated with the judicial practice in cases against a person’s dignity and in particular those with the subject of human trafficking. The need for uniform judicial practice is detailed.

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