УСТОЙЧИВОТО РАЗВИТИЕ НА АКАДЕМИЧНИЯ СЪСТАВ И ПРОДЪЛЖАВАЩАТА РЕФОРМА В ПРАВНАТА МУ РЕГЛАМЕНТАЦИЯ

Author(s): Ekaterina Salkova / Language(s): Bulgarian Publication Year: 0

In 2010, the Bulgarian legislator initiated amendments to the legal framework of academic development, aimed at introducing a decentralized approach to the awarding of academic degrees and the occupation of academic positions. These amendments received contradictory evaluation, and the substantial decline in the quality of scientific production as a result of their application cannot be denied. This result has become the reason for the introduction of new amendments in 2018, focused on the establishment of minimum national requirements and efficient monitoring of compliance with the law and the academic ethics.

ЗАКОНОДАТЕЛСТВОТО ЗА РАЗВИТИЕ НА АКАДЕМИЧНИЯ СЪСТАВ В АДМИНИСТРАТИВНОТО ПРАВОРАЗДАВАНЕ

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

This study contains an analysis of cases during the period of implementation of the law until now. Cases are divided into three groups – general issues, substantive issues and procedure issues. The first part contains the matter of legal nature of the decision of the Faculty Council /the Scientific Council for the selection of a candidate for an academic position. The decision is an individual administrative act, according to the Article 21 of the Administrative Procedure Code. The Commission's decision on admissibility in a competition for an academic post is also an individual administrative act. The reasons are the same for both acts.There is a discussion about legal characteristic of the scientific jury and the differences in the two proceedings. When there is held a procedure for the award of a degree, decision of the scientific jury is an individual administrative act, because it creates the subjective right of the applicant to be awarded a degree. When there is held a procedure for the academic position, the scientific jury is an assistant administrative authority.Hypotheses are reviewed as the Faculty Council /the Scientific Council takes another decision, different from the proposal of the scientific jury. The study analyses problems in the calculation of impact factors; problems about additional reglamentation for an academic position in the Regulations of universities; problems about the procedural peculiarities in the return of the procedure; problems in the case of joint publications of the candidate with a member of the scientific jury, etc.

ПЛАГИАТСТВОТО ПО ЗАКОНА ЗА РАЗВИТИЕТО НА АКАДЕМИЧНИЯ СЪСТАВ В РЕПУБЛИКА БЪЛГАРИЯ

Author(s): Jivko Draganov / Language(s): Bulgarian Publication Year: 0

The number of plagiarism cases is constantly growing in the recent years. The academic environment is mostly affected by plagiarism and requires special measures for limitation of such practices. The material studies plagiarism as a phenomenon and the possible measures against academic plagiarism. Special attention is driven to the new measures against plagiarism provided in May 2018 in the Law on Development of the Academic Staff in Republic of Bulgaria. Despite the good intentions of the legislator these changes will rather have a negative impact on the academic development in Bulgaria.

СЪЩНОСТ НА ПРОМЕНИТЕ ОТ 2018 Г. В ПРАВНАТА УРЕДБА НА РАЗВИТИЕТО НА АКАДЕМИЧНИЯ СЪСТАВ И ТЯХНОТО ЗНАЧЕНИЕ ЗА ДОВЪРШВАНЕТО НА ОТКРИТИТЕ ПРОЦЕДУРИ ЗА ПРИДОБИВАНЕ НА НАУЧНИ СТЕПЕНИ И ЗА ЗАЕМАНЕ НА АКАДЕМИЧНИ ДЛЪЖНОСТИ

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

The study presents and analyses the main amendments of 2018 in both the primary and secondary legislation. The debatable issues are also discussed concerning the means of qualifying a concrete procedure as an open procedure for occupying an academic position or acquiring a scientific degree. For this purpose, the problems are examined regarding what the legal nature of each procedure is, what its scope is, i.e. which stages of the entire lengthy process are attributed to its content. The significance of these issues is related to the fact that the amendments, entering into force on 4 May 2018, shall not have any effect on the open and unfinished procedures until that moment. In this context, the main contradictory theses are presented as to when a specific procedure is considered open. The precise moment at which each of the procedures under consideration is finally completed is also determined.

СБОРНИК НОРМАТИВНИ АКТОВЕ

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

Европейското изпълнително основание при безспорни вземания в практиката на българските съдилища

Author(s): Tanya Gradinarova / Language(s): Bulgarian Publication Year: 0

The application of Regulation (EC) No 805/2004 in combination with its complementary provisions of the Code of Civil Procedure constitutes a challenge to procedural theory and case-law. The report aims to raise a discussion and comment the issues that arise before the Bulgarian courts in this area. The aim is to assess and analyze these issues and to draft de lege ferenda proposals.

Нормативна уредба на подготовката и провеждането на Българското председателство на Съвета на Европейския съюз през 2018 г.

Author(s): Plamena Karaivanova / Language(s): Bulgarian Publication Year: 0

The present study is dedicated to the legal acts and other official documents issued at national level in relation to the organization of the Bulgarian Presidency of the Council of the European Union in 2018. The author has followed the chronological development of the above mentioned regulations in the period 2015 – 2017 and has analyzed their impact on the functioning of the state administration from the standpoint of a practitioner and participant in all stages of the process of preparation and execution of the rotating presidency. The efforts and courses of action of three consecutive governments are presented together with conclusions on the factors, which have negatively influenced the realization of this highly responsible task having great significance for the international credibility of our country.

Функционална компетентност на българската координационна служба за борба с измамите (АФКОС) в контекста на защитата на финансовите интереси на Европейския съюз

Author(s): Andon Tashukov / Language(s): Bulgarian Publication Year: 0

Detrimental impact over the implementation of the EU policies and respectively, on the financial resources of the EU and Bulgaria, is caused by infringements of the law. These are the so called irregularities and frauds with EU funds. The report will review the historical reasons which lead to the enhancing of the protection of EU’s financial interests and analyses the functional competence of AFCOS in Bulgaria.

Облагане на доходите и печалбата на чуждестранни лица в Република България

Author(s): Ganeta Minkova / Language(s): Bulgarian Publication Year: 0

The article examines the issues of taxation of non-residents. The author focuses on the need of legislative change in the field so as to be created a common legal frame of the taxation on the income and profit of natural and juridical persons.

Културни ценности и римскоправни аспекти на закрила на авторското право от плагиатство

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

The article specifies briefly the legal terminology used in Bulgarian legislation in relation to the cultural wealth – “cultural wealth”, “cultural heritage”, “cultural values”, respectively combined with the modifiers “national”, “historical”, “world”, etc. Considering the entire review of this legislation, the law in its historical development doesn’t conform to the notion of a cultural value. It is assigned an “official role” – to establish order and conditions for protection and preservation of cultural values, which are public domain.In this respect, although there is not a legal regulation in Roman law, the main topic of the article – plagiarism – is essential in contemporary law on the protection of cultural values and especially for the protection of copyright. The article is dedicated to plagiarism related mostly to the works of fiction literature. The conclusion offers a brief overview of the rules and principles of Roman law bearing universal validity in modern times as well.

Ролята на ценностите при формиране и развитие на правните институти

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

The article presents the legal institute as an element of socioculture in societies. The discussion is focused on the difficulties in defining legal culture, which is seen as an element of culture as a whole. Legal culture is understood in two ways: 1) the development of law as part of human civilization and 2) the art of the lawyer to apply the law.The article examines the institutionalization of values in law in order to explore the impact of socio-culture in building the legal institutes. The main conclusion is that the durability and flexibility of legal institutes as an element of the legal system is due to the influence of values as moral ideals on the content of law.

Произходът и информацията за него като право и културна ценност съгласно практиката на ЕСПЧ по чл. 8 от ЕКПЧ

Author(s): Mihail Malchev / Language(s): Bulgarian Publication Year: 0

Origin and information about it is included in the right to identity and is an integral part of the right to privacy. The European Convention for the Protection of Human Rights protects this important interest for the particular individual and society as a whole. Clarification of the concept of origin and information about it as an essential element of the right to identity is based on an analysis of the case law of the European Court of Human Rights (ECtHR). In this respect, current and discussion questions of origin and information about it according to the ECtHR practice under Article 8 of the European Convention on Human Rights are discussed. Special attention has been paid to the judgments delivered by the Court in cases against the Republic of Bulgaria.

Разрушаването на културно наследство: военно престъпление по Римския статут

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

The report focuses on the verdict of the case of “Тhe Prosecutor v. Al Ahmad Al Faqi Al Mahdi” from 27 September 2016 by the International Criminal Court. This is the first verdict of this court, with which the destruction of the cultural heritage is qualified as a war crime. The report initial part contains an overview of the facts and circumstances of the case and topical notes regarding the jurisdiction of the International Criminal Court. Attention is focused on the motives and conclusion of the legal proceeding panel upon ruling on the case, whereby Al Mahdi was sentenced to nine years of imprisonment for the destruction of nine mausoleums and a mosque in Timbuktu, Mali in the period 30 June 2012 – 11 July 2012.

Ценностни предизвикателства пред правото на образование и неговата международноправна закрила

Author(s): Paunita Petrova / Language(s): Bulgarian Publication Year: 0

International law governs and protects the right to education, and its content can be derived from international law sources. More importantly, in the era of the Fourth Industrial Revolution, international law must look at the right to education within a single uniform system of other rights, such as the right to labour, in order to respond to the challenges of the digitalizing world.

Музеят по българското право

Author(s): Angel Shopov / Language(s): Bulgarian Publication Year: 0

The analysis of the legal regime of museums searches for solutions to a number of issues, such as whether museums should be qualified as legal objects or as legal subjects. The latter prevails because our national legislator has recognized museums as a type of legal subject – legal entities (persons). The author scrutinizes museums' features as legal entities by clarifying their legal status and specifics in terms of the various general classifications of legal persons. In addition, some of the more important special classifications of museums as a particular kind of legal entity are considered.

Опазване и управление на движимите културни ценности: Проблеми и перспективи в дейността на Регионален исторически музей – Пловдив

Author(s): Tanya Yoncheva,Vidin Sukarev / Language(s): Bulgarian Publication Year: 0

In 2019 will be ten years from the repeal of the old Law on monuments of culture and museums and its replacement with the Law on cultural heritage. The obligations, practices and activities in the work of museums, provided for in the new regulations and adapted to the requirements of the contemporary world and European legal norms, have led to various issues and difficulties. Main subject of this survey is the application of the provisions, related to the identification of movable cultural values and their registration in museum funds in practice of Plovdiv regional historical museum. At the same time will be discussed and analyzed other topical problems and issues in the system of cultural heritage protection in both legal and museum work aspect.

Ролята на народните читалища за опазването на културното наследство – правни аспекти

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

Preserving our cultural heritage has been of utmost importance through the years, regardless of the political and economic situation in the country. It is possible to assume that culture, in its most complete range of material and immaterial elements, is one of the pillars of one nation’s identity, both in its national and international aspects. Law is closely connected to public relations as far as our culture and cultural heritage is concerned. This is proved by the establishment of community centres – a unique form of Bulgarian cultural organization legally founded on freedom of civil communities and an act of charity. The present article is aimed at offering an explanation of the legal status of national community centres from their first appearance to modern days. Last, but not least, legal issues and offered for discussion along with proposed solutions in order for the community centres to function properly within the modern legal system. The public nature of such organizations, the need of their legal differentiation from foundations, associations and other NGOs by means of explicit legislation norms is emphasized. The material base, the economic activity of the community centres, the administrative burden their coordinators encounter is illustrated and the necessity for improvement in the future legislation is pointed out. Importantly, it has been almost a year since the community centres were included in UNESCO’s list for keeping good practices for safeguarding immaterial cultural heritage. In that regard, there is the necessity of state policy concerning the development of these purely Bulgarian cultural centres via good practices and the legal power of the local administration processes.

Търговскоправни аспекти на учредителния апорт с предмет културни ценности

Author(s): Izabela Petkova / Language(s): Bulgarian Publication Year: 0

The richness of a people’s traditions, its national and conceptual evolution is preserved through the memory of its cultural heritage. To ensure its longevity and endurance in time, however, appropriate safeguarding is required. The profoundness of research predetermines knowledge not only of the classical regulations but also of the regulations that although seemingly not pertinent to the matter, underlie the arising of various legal cases. The present article is aimed at summarizing some of the more important internal commercial law aspects of cultural heritage related to company law. More specifically, the various prospects for making an incorporation contribution in kind of objects with the status of cultural values will be discussed.

Modelowy schemat silnego uwierzytelnienia użytkownika w kontekście europejskiej dyrektywy PSD2 oraz polskiej ustawy o usługach płatniczych

Author(s): Igor Tomecki / Language(s): Polish Publication Year: 0

This article is dedicated to the analysis of Strong Customer Authentication (SCA) in the context of the Payment Services Directive (PSD2) and the Payment Services Act. The subject conditions imposed by the legislature and that are possible to implement in the current state of technological development. This article aims to develop a model blueprint for Strong Customer Authentication that meets the conditions imposed by both European and national legislators. The research method used in the article is the analysis of secondary sources, including books, reports, and legal acts. Research indicates that the most beneficial for all parties involved is to base strong user authentication on the verification of both physical and passive behavioural biometrics. According to the opinion of the European Banking Authority, they can be classified as elements of two different categories, thus fulfilling Strong Customer Authentication requirements.

Prawne implikacje wykorzystywania sztucznej inteligencji w handlu algorytmicznym na rynku kapitałowym

Author(s): Adrian Żądło / Language(s): Polish Publication Year: 0

The article is focused on the use of artificial intelligence in algorithmic trading in capital markets. The purpose of the study is to answer the questions of whether 1) the existing laws relating to algorithmic trading can successfully regulate such uses; 2) the hypothetical extension application of the draft Artificial Intelligence Act and the recognition of the use of artificial intelligence in algorithmic trading as a high-risk system would increase the safety and stability of the capital market; 3) capital markets law can be a model for other sectoral regulations on the use of artificial intelligence. The research method adopted in the article is the analysis of binding EU legislative and executive acts, the draft of the Act on Artificial Intelligence, as well as the practice of supervisory authorities – the Financial Supervision Authority and the European Banking Authority. The article formulates conclusions de lege ferenda.