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This report presents the international dimension of the protection of the EU“s maritime interests. The main challenges for its current and future development in the short term are analized. Some views on the possible development of European integration in maritime activities are presented.
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The article presents a brief excursion into the past and, in particular, in the Ancient Rome - the cradle of ancient legal civilization. The concepts of policy as they were understood in antiquity – in Rome and Asia - were studied. Specific crime policy of different periods in antiquity are examined. Sources of law in Ancient Rome, which sound particularly relevant today are analyzed.
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The article is devoted to anti-crime policies in Russian Fedaration. The anti-crime policy and strategies undertaken so far in the state are reviewed. The changes that were made in the Criminal Code as a result of these policies are analyzed. Perspectives of development of anti-crime policy are indicated.
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The article examines the relationship between morality and law and more specifically, criminal law. The concept of "morality" and its rolе of the development of society is analyzed. The importance of morality in both substantive criminal law and procedure is explored.
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The article examines political will as an important factor in the formation of criminal policy and the fight against crimes. The author presents concrete examples of the influence of policy on delinquency. Some conclusions are made on the existing of vicious circle of criminal policy, crime and the state of politicians in the country.
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The article is devoted to the role of mass media in the criminal procedure. The exceptions to the principle of publicity in criminal proceedings and the possibilities for hearing the case behind closed doors are listed. The reasons for the need to introduce these exceptions are analyzed.
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The article examines the question of the leading role of policy and ideology in the development and adoption of criminal law. Specific examples of the influence of policy and ideology in the amendments in the Criminal code of the Russian Federation and in their impact on public relations are given.
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The subject of this article is police statistics, as a leading factor in determining criminal policy and a criterion of evaluation the current criminal policy in the country. The problems and importance of statistical monitoring of organized crime and of statistics in the preventive activities of the police are commented.
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For decades, under the influence of classical doctrine, it has been misunderstood in practice that contracts, entered into by a person, who did not understand or could not direct their actions, but was not formally placed under interdiction, are always annullable. Recently, several adjudications of the Supreme Court of Cassation aimed towards an alteration of the latter, which led to the initiation of an Interpretative case №5/2020 of General Civil and Commercial Chambers on the issue of the ratio between the nullity of transaction due to lack of consent and the nullification due to misunderstanding of actions. This paper attempts to substantiate that the contract, concluded by an able-bodied person, who at the time of its conclusion was in a state of permanent inability to understand or direct their actions, is null and void due to lack of consent (Art. 26, para. 2 Law of Obligations). Thus, it will be annullable under Art. 31 Law of Obligations, solely when this incapacity is temporary and transient.
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The nowadays Bulgarian legal world has created an unique phenomenon, the domain of which is on the boundary between public and private law. This is usually an act of the Council of Ministers, but its scope is entirely private, artificially combining civil, commercial, financial and European law. The purpose of the decree in its new performance is to cover up the abuse of power by elected persons and civil servants and violation of the public interest. The hybrid nature of the decree creates ambiguity and impedes the immediate reaction to the realization of the responsibility of its authors and the imposition of penalties.
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The aim of the paper is to raise a discussion about the restoration of the claim for contradiction with public order/public policy as a part of the subject-matter of the proceeding for set ting-aside of domestic arbitral awards. The analysis is based on the private law nature of the award an on its capacity of act, which is foreign to the national court-of-law system of the state where the arbitration is domesticated.
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Oceans and waterways are established engines forthe global and European economies, respectively, because they havegreat potential to ensure sustainability and growth. In addition to thetraditional maritime sectors, it is important to create the conditionsfor promoting sustainable career opportunities in the blue economy,such as coastal tourism, aquaculture, ocean energy and marine biotechnology.
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Judicial protection of civil rights should be carriedout in a timely manner, because only in this way it will be good anduseful. The function of the civil process is to counteract the illegaldevelopment of civil legal relations in order to protect the materialsubjective rights. Exactly this counteraction should be carried outquickly enough, because otherwise it becomes pointless.
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The report examines the contradictions in the caselaw regarding the possibility for the subsequent purchasers of aproperty to realize the warranty liability of the builder. The lack ofexplicit legislative provisions for such a possibility is indicated asthe main weakness of the existing legal framework. In the courseof the study, a distinction was made between warranty liability andspecific liability under Art. 163, para. 3 of the Territorial PlanningAct. In conclusion, de lege ferenda proposal is made for an explicitprovision about the possibility for the subsequent purchasers of aproperty to realize the warranty liability of the builder.
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With TR № 85 of 02.12.1968, the Supreme Court,OSGK, the rights of the improver are differentiated according to itslegal quality – possessor, holder, co-owner and person who is not ina contractual relationship with the owner, who is neither holder, norpossessor. For these subjects irrespective of person imposing tolerableactions, at the moment we do not have а legal term. Conditionally, wecan define this category of persons as wrongful users.
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The report concerns cases in which consumer creditcontract’ clauses have the purpose or result in a circumvention ofthe requirements of the Consumer Credit Act. A restrain of the circumventionof the law as a ground for nullity of the contract underArticle 21, Para 1 from the Consumer Credit Act than the providedin Article 26, Para 1, Proposal 2 from the Obligations and ContractsAct is made. Different cases of the circumvention of the requirementsof the Consumer Credit Act are examined in the aspect of the actualcourt practice, a proposal for a refinement of the Bulgarian legislationis made.
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The current report is focused on the study of the question whether the unilateral assumption of a civil obligation was recognized by the private law of Ancient Rome. Contracts and unilateral legal statements, which have common elements with the unilateral assumption of a civil obligation, and therefore can be mistaken with it, are analyzed. The closest unilateral statement to the above mentioned has been outlined.
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The purpose of the report is to present a short analysis of the problems arising with regard to the use of electronic documents and electronic trust services. These problems include questions such as moment of expressing the will, establishing its author and reaching the addressee, when the expression is addressed.
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The object of this article is to examine the vertical structure of the Property law. The article examines the levels of the Property law regulatory framework, their vertical and horizontal scope, correlation and significance. The article also brings attention about the Spatial planning property law as a distinct system of legal norms, its correlation with the general Civil and Property law and its significance in that connection.
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The Report treats the issues of acquisition of rights over a part of a yard in which a building has been built in the regime of condominium ownership, included in the square footage or belonging to an individual unit in the same building and marked assocalled „ground balcony (veranda) „ or „private yards“.
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