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First Trademark Regulations in Bulgaria

Author(s): Fanny Koleva / Language(s): English Issue: 2/2016

The aim of the paper is to disclose the specificity of trademark protection regime according to the first piece of legislation of Bulgaria as independent country (dated 1892) in comparison with the preceding regulations in the field, part of country’s past in the frames of Ottoman Empire (dated 1870). The corner stones of this comparison are the conditions and procedure of protection, its scope and instruments of support, as well as the opportunities for geographical indications’ protection available. The analysis is realized from the perspective of relevant and contemporary trends in trademark theory and practice. The study respectively reaches the conclusion that when similarities between the two acts are observed, they are mostly a result of the level of development of trademark regulations in the period than of an imitation of the norms of earlier regulation by the later one.

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Публични организации в съвременното законодателство на Република България (правна същност, белези)

Author(s): Hristina Balabanova / Language(s): Bulgarian Issue: 4/2018

The article The Public Organisations in the Contemporary Legislation of the Republic of Bulgaria (Legal Nature, Characteristics) focusses on a problem studied less in our Administrative law science, namely the Public Organisations. Within the executive branch, the public power is vested in them and they hold the authority over the other components in this structure. The article is about to clarify the features of a generic concept forming the fundament for structuring the Institutions and the Public Funds as a type of public organisation.

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Прекратяване на трудовия договор на хабилитиран преподавател във висше училище по чл. 328, ал. 1, т . 10 от Кодекса на труда и прилагането на § 11 от преходните и заключителните разпоредби на Закона за висшето образование

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian Issue: 1/2010

As a prerequisite for the right of the employer to unilaterally terminate the employment contract of a habilitated lecturer, the age of 65 is established quickly and easily with the identity document or with the act of birth of the person. According to the rules of legal technique and rulemaking, this ground had to be edited in a separate point of art. 328, para. 1 of LC. This would make it clearer to distinguish the difference between the two termination grounds now included in point 10. As a de lege ferenda proposal, in the event of a future change of the law, this can be done.

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Условия и ред за работа на граждани на трети държави в България

Author(s): Rayna Koycheva / Language(s): Bulgarian Issue: 1/2019

The Labour Migration and Labour Mobility Act contain a number of restrictive measures regarding the access of third-country citizens(outside the EU) to the Bulgarian labour market, which aim to protect both our domestic labour market from the unregulated influx of cheap labour and the one in the other EU Member States. At the same time, the employment of third-country citizens may in some cases be useful and necessary, such as in the case of highly qualified or seasonal workers. That is why the legislator has regulated the matter flexibly and in detail. This article analyzes the conditions and procedures for permitting access of third-country citizens to the Bulgarian labour market.

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Суборгация - встъпване в правата на удовлетворения кредитор

Author(s): Nikolay Ivanov / Language(s): Bulgarian Issue: 3/2008

Subrogation is a legal-technical term considered on the basis of the theorists in the field of bond law, together with the institutes of performance of a bond obligation. Content that is embedded in the term is the assignment of the rights of the satisfied creditor by a third party.

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Защита от дискриминация на работници или служители с намалена работоспособност

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian Issue: 1-3/2007

Important role for the international recognition of human rights as an important one. An active component is an integral part of fundamental human rights and freedoms rulemaking activity of the International Labor Organization (ILO). This one the international organization was established in 1919 and initially functioned as a parallel organization of the Society of Nations, and subsequently as a specialized organization UN organization.

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Компютърните престъпления и наказателната им регулация в българското законодателство

Author(s): Nikolay Nikolov / Language(s): Bulgarian Issue: 2/2005

Many country are reception a legislation against computer crimes. Changes in Criminal Code is increse capacity the authorities.

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Понятие за дискриминация в трудовите отношения

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian Issue: 3/2005

In September 2003, the National Assembly passed the Law on Protection Against Discrimination (APA). The legislator has taken the approach of creating a common one a law that is subject to legal protection against all forms of discrimination and ways to prevent it (see Art. 1). In Section I of Chapter II (Articles 12-28) regulates the substantive protection against labor discrimination - the legal regulation of subjective rights and the legal obligations of legal entities (employer and employee), the order for their exercise and the execution, termination or suppression of violations of subjective rights, the penalties for failure to fulfill legal obligations.

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Залогът на вземания по ЗЗД и ЗОЗ

Author(s): Ivan Mangachev / Language(s): Bulgarian Issue: 3/2005

Obligations can no doubt be secured by claims belonging tothe debtor or third parties. Only claims that can be bet can be pledgedtransferred, ie whose nature permits disposition (Art. 162 of the LPP).

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Медиацията - още една възможност за разрешаване на спорове

Author(s): Petya Nedeleva / Language(s): Bulgarian Issue: 3/2005

It is considered, that the conflict by itself is not a problem, a problem is the unresolved conflict. Besides the traditional legal procedures, alternative means for resolving disputes and conflicts exist. One of them is mediation. The mediation is an out-of-court method for resolving disputes (conflicts) with the assistance of a specially trained for this person – a mediator, who has as a main objective to aid the disputing sides to reach a sensible solution of their problem themselves.The main principles of mediation are: voluntarity, equality between the sides, impartiality of the mediator and confidentially on the acquired information.

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Социален диалог и образование – традиции и съвременни потребности на пазара на труда

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Социален диалог и образование – традиции и съвременни потребности на пазара на труда

Author(s): Andriyana Andreeva,Galina Yolova / Language(s): Bulgarian Issue: 5/2019

The article examines the principle of social dialogue in the Bulgarian law. It motivates the need of rethinking and strengthening the role of social partners in the sphere of educational policies, directed to adequacy of the skills of workers for competitiveness on the labour market. Based on the examination of the national legislative frame and recommendations of the EESC, the authors make conclusions and mark tendencies for the activity of the tripartite cooperation bodies concerning their influence on the educational policies.

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RECONSTRUCTION OF ZAKAT IN THE INDONESIAN LEGAL SYSTEM

Author(s): Ahmad Muhasim,Hirsanuddin Hirsanuddin,Hayyan ul Haq / Language(s): English Issue: 2/2019

This study aims to explore the anatomy of the implementation of zakat and to reconstruct and to find an appropriate model law of zakat in Indonesia. Zakat can be optimized in improving and creating public welfare. The detailed analysis focused on the potentials of zakat that can be developed and manifested. The development of zakat was based on the existing of the Indonesian positive law and Islamic Law. Therefore, this study first identified and interpreted the divine values (Ilahiah values) that sourced from Qur'an and hadith. It elaborated on the legal resources from ijtihad, the fatwa from various theologians (Islamic Scholars). This study also applied normative legal research for addressing the issues related to the reconstruction of zakat norms. Meanwhile, empirical research was used to address and ascertain the societies' respond to the zakat changes. In normative legal research, this work used statutory, conceptual and case approaches. Thus, this work offers a good model of zakat management, such as zakat for a profession, zakat from fisheries products and other yields of the sea. This also reformed the model of collecting and distributing zakat.

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FINANCIAL CENTRAL AND REGIONAL RELATIONS WITHIN THE GOVERNMENT ENFORCEMENT IN INDONESIA

Author(s): Muhammad Suhardi,L Husni,RR. Cahyowati / Language(s): English Issue: 2/2019

Indonesia is a unitary state as asserted in Article 1 paragraph (1) of the Constitution of the Republic of Indonesia 1945. As a consequence of this, Indonesia dividing its territory into several regions. This study aims to analyze the form of regulation on financial relations among the central and regional governments, especially those that regulate balance funds to accelerate the equitable distribution of development. Types of normative research with legislative, conceptual, and philosophical approaches were used as the research method. In conclusion, the formulation of balancing funds between the central and regional governments prevailed so far has not yet reflected a sense of justice so that it can obstruct the occurrence of even distribution among regions.

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PECULIUM И ACTIO DE PECULIO

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 1/2019

In this article the author examines the terminology related to roman peculium and the creation of the practice of providing res peculiaris, as well as the concept of peculium as a “quasi proprium patrimonium” servi/filii familias. The paper particularly considers this property given to sons and slaves, but which remains separate in the patrimonium of pater familias/ dominus with special legal framework as well as the development of actio de peculio in the praetors edict activity, namely, from the chronological point of view, between the 2nd century B.C. and the 3nd century A.D. This actio is a part of the so-called actiones adiecticiae qualitatis and it build the bases of the limited liability in commercial law.

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Transitions Online_Around the Bloc-9 January

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Transitions Online_Around the Bloc-9 January

Author(s): Ioana Caloianu / Language(s): English Issue: 01/13/2020

Regional highlights: TurkStream launched; Poland and Israel; a matter of (Balkan Orthodox) faith; Gulnara Karimova back in court; and healing berries.

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Конверсия на официален документ

Author(s): Ekaterina Mateeva / Language(s): Bulgarian Issue: 8/2018

The focus of the following article is put upon several issues that need to be addressed concerning the conversion of a licit public document into a private one in accordance with the provision of Art. 188 of the Bulgarian Code of Civil Procedure. The adopted approach is that the conversion of a public document (i.e. formal conversion) consistsof binding the probative force of a private document to a public document, issued by a non-competent authority or lacking the necessary form. However, this effect can only be observed whenever the private document contains the signature of the parties to the transaction. Moreover, the necessary elements of the formal conversion are put to a scrutinous critical examination. Several issues concerning the formal conversion’s field ofapplication have been addressed as well.

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Престъпления против брака и семейството преди Наказателния кодекс от 1968 г.

Author(s): Lidia Peneva / Language(s): Bulgarian Issue: 1-3/2019

Crimes against marriage and family are a particular group of social relationships that the law has defended properly in view of the high public significance and value they enjoy. At the moment they are regulated in Chapter VI, Section I, of the specific part of the Penal Code the Republic of Bulgaria. The subject matter of this Statement will, however, be the legislative provisions concerning these criminalized acts in retrospect. The purpose of the study is to show by historical method and through the comparatively legal method the development of these criminal groups during the periods of various criminal laws in Bulgaria. This will also provide a basis for reflection on possible de lege ferenda proposals. This report from a structural point of view will be divided into three distinct points, marking each of the penal laws in the Republic of Bulgaria, which were in force before 1968.

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DEPENDENT WORK AND INTERNSHIP

Author(s): Jan Horecký,Michal Blažek / Language(s): English Issue: 2/2019

The law of the Czech Republic does not explicitly regulate the rights of the university students participating in internship programme. Nor does it regulates the obligations and rights of the internship programme providers. Without the existence of any specific legal regulation, the issue has to be addressed by most of the universities since internship is a necessary requirement for graduation. The absence of legislation makes unclear the legal background of internship programmes. The authors of the article deal with those legal norms that should apply in internship practice and present several arguments supporting the fact that the internship programme should be regulated by labour law Act No. 262/2006. The article also draws attention to the consquences of this conclusion. The aim of the paper is to support the opinion above, providing several arguments. To achieve this objective, the concept of „dependent work“ will be analyzed using deductive research method based on the existing theoretical labour-law knowledge, as well as an inductive method will be applied with the Supreme Court and the Supreme Administrative Court of the Czech Republic.

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IMMEDIATE TERMINATION OF EMPLOYMENT RELATIONSHIP BY THE EMPLOYER

Author(s): Marián Mészáros,Karina Divékyová / Language(s): English Issue: 2/2019

The article addresses the issue of immediate termination of employent initated by the employer.Termination of employment by the employer is interpreted as a unilateral legal act, under whichthe employer can terminate employment with the employee solely on the basis of defined reasons. The main objective is to point to problematic aspects of the Slovak legislation and to clarify their application with reference to judicial practice. The authors summarized the current legal background, analyzed the relevant court decisions, and applied logical thinking, using deduction, induction and synthesis in order to draw the appropriate legal conclusions. The article contains the comparison of the Slovak and the Czech legislation in the affected field.

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TERMINATION OF EMPLOYMENT IN THE SLOVAK REPUBLIC AS A KEY ISSUE OF HR MANAGEMENT

Author(s): Milena Nosková,Tomáš Peráček / Language(s): English Issue: 2/2019

Termination of employment in the Slovak Republic represents a challenge to HR professionals due to its complex nature and strict requirements for legal compliance. The submitted paper focuses on analysis of various forms of termination of employment in the Slovak Republic in detail such as termination by agreement, termination by notice, immediate termination and termination in probation period as well as the multifaceted issue of collective redundancies. In addition, managerial aspects of termination are consulted and recommendations given. In terms of methodology, theoretical methods of research including logical abstraction, deduction as well as comparative method alongside with qualitative methods have been deployed. The main aim of the submitted contribution is to present a comprehensive guide for HR professionals as well as lay public in the very specific area that termination of employment in the specific conditions of the Slovak Republic truly is.

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