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ОГРАНИЧЕНИЕ КОНКУРЕНЦИИ: МЕЖОТРАСЛЕВЫЕ СВЯЗИ УГОЛОВНОГО ПРАВА И ИНЫХ ПРАВОВЫХ ОБРАЗОВАНИЙ

Author(s): Mikhail Yuryevich Chelyshev,Maria Vcheslavovna Talan,Andrey Valeryevich Mikhailov / Language(s): Russian Issue: 6/2015

The paper discusses elements of a crime encroaching on the basics of free market, fair competition. The elements and features of this type of crime, as well as the practice of applying the above-stated norm, are analyzed. Current trends in the legal policy of foreign countries concerning the field of antitrust legislation are studied. The statistical data on accountability for crimes against competition in Russia are considered. Weaknesses are identified in the legal technique of criminal legislation regarding the relations associated with the activity of economic entities. The dependence of effective law enforcement for preventing, eliminating, and restricting competition on the commensurate and adequate correlation between the norms of civil, administrative, and criminal legislation is proved. The need to strengthen the cross-sectoral links of antitrust legislation is substantiated.

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ЖИЛИЩНОЕ ЗАКОНОДАТЕЛЬСТВО: ИСТОРИОГРАФИЧЕСКИЙ ОЧЕРК

Author(s): Valentina Dimitievna Ruzanova / Language(s): Russian Issue: 2/2016

The paper deals with issues related to identification of the causes of formation of independent legal regulation of the housing relations in Russia, description of the development of housing legislation, and influence of the doctrine on this process. During the post-revolutionary period, the burden of solving the housing problem was taken by the state, which is reflected in the regulations. The normative material was then intensely accumulated and served as the basis for further codification of housing legislation. Originally, the legislator demonstrated a comprehensive approach to the regulation of housing relations. Subsequently, however, the focus shifted mostly to the normalization of tenancy agreements in the codification acts of civil legislation. After having been established in 1977, the constitutional right of citizens to housing became a prerequisite for housing legislation. Thus, the basics of housing legislation and the Housing Codes of the Union Republics developed. During the period of transition to market relations in the housing area, normative legal acts were published. They were intended for the adaptation of the institutions of the Soviet housing legislation to the recent political and socio-economic conditions that were in effect until the adoption of the new Housing Code. It is emphasized in the paper that the historically doctrinal research in this area has been always directed at finding the most appropriate legal regulation of housing relations. The conclusion is made that the modern housing legislation is a stable complex array of regulations, having the ability to adapt to the changing political and socio-economic conditions.

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МЕСТО ДОГОВОРА ПРОКАТА В СИСТЕМЕ ГРАЖДАНСКО-ПРАВОВЫХ ДОГОВОРОВ

Author(s): Guzel Firdinatovna Nagumanova / Language(s): Russian Issue: 2/2016

The paper analyzes the place of hiring contracts in the system of civil law. The relevance of this problem is justified by the current situation in the system of civil law when the hiring contract can be concluded between economic entities and physical persons, thereby giving them identical legal status. We consider this situation as contradicting to the economic nature of relations between consumers. The aim of this research is to identify the correct place of hiring contracts in the system of civil law and, thus, to spot certain measures to be applied in order to ensure fulfillment of the liabilities of contractors, as well as to protect their rights. Attention is also paid to the specific rules of legal regulation of hiring contracts. The hiring contract is bilateral in its nature (since two sides take part in it), commutative (each side offers something to its partner), concensual (the contract is concluded when both sides reached their agreements), and public (the lessor cannot deny concluding a hiring contract if they possess the property to be rented). These properties of hiring contracts determine their consumer nature. The results obtained during the analysis allow making the following conclusions: the hiring contract should be exclusively consumer-oriented, being considered only as the contract between consumers and not providing any possibility to use a hiring property for entrepreneurial activities; the distinctive feature of the hiring contract is the impossibility of its prolongation, which ensures protection of the rights of consumers when the lessor aims to impose an extra period of rent.

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Договор за аренда – обща характеристика. Съпоставка с договора за наем на земеделска земя

Author(s): Brian Zlatev / Language(s): Bulgarian Issue: 4/2018

The present article is aimed at acquainting its readers with the land lease agreement. The work contains a comparison between the land lease agreement and the rental agreement. The text examines Interpretative Decision No. 2/2015 of the Supreme Court of Cassation, as well as a number of other judicial acts of the Supreme Courts.

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Търговско-правните институти през епохата на Българското възраждане – между традициите и модерността

Author(s): Ivan Roussev / Language(s): Bulgarian Issue: 1/2018

The paper presents the main commercial law institutes and their manifestation on the Bulgarian market in the second and third quarters of the nineteenth century – commercial companies, commercial courts, bankruptcy. They are regulated by the trade legislation and, in this sense, modernity is enshrined in them. Insofar as the modernity is difficult to break through and difficult to place in the oriental conditions of the region, these institutes acquire a specific local appearance that is subject of the analysis in the article. In these structures the modernity is combined with traditional stereotypes. In addition, there are phenomena that are contrary to the law and public morality: corrupt practices, the use of friendly and ties to provide a favorable outcome of a case, seeking legal information and specialized advice through informal contacts, pressure on the members of the trade court. Several key case studies have been considered in the paper and an attempt has been made to formulate hypotheses on the subject, both on the basis of own studies – already published and current, as well as on the basis of recently published contributions, mainly PhD theses. The present study revises the statement in the historiography that laws are adopted in the Ottoman Empire, but they remain “just on a book”, while reforms are formal and imposed “from above”. This statement is not true about the Commercial Law and the commercial law institutes.

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Отново по въпроса за правната уредба на маловажното нарушение на трудово законодателство

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian Issue: 2/2012

The subject-matter of this scientific analysis covers the up-to-date legal regulation of the penal-administrative liability for minor administrative violations of labour legislation (Article 415c of the Labour Code) following the most recent amendments of the Labour Code in January 201. The current legal regulation in this area is compared to the former one. The study contains comments on large number of courts judgments with the special emphasis put on the interpretative decision of the Supreme Administrative Court with regard both to its grounds and to its importance in the light of the most recent amendment of the Labour Code.

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Процедура по номинация на представител от квотата на държавния глава в СЕМ или зле организирано президентско шоу

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 2/2012

The article analyzes the requirements for the position "a member of CEM" from 1997 to 2012. It discusses the law enforcement by the presidential institution during that period and comments the first initiated in 2012 "a nomination procedure."

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Екологично законодателство. Екологични престъпления и новите промени в Наказателния кодекс

Author(s): Anastasia Ignatova,Stanislav Petkov / Language(s): Bulgarian Issue: 1/2011

In the evolution of legal protection of the environment we can distinguish two main historical periods. The first is that of the so-called Industrial Revolution from the beginning of the 19th century, and the second is the period of recovery after the Second World War, which lasted until the end of the seventies of the twentieth century. The relationship between economic development and the consumption of natural resources is very well known. It is also obvious that the more we develop the industry, trade and other economic sectors, the more resources are needed. Their systematic exhaustion and the imminent danger of permanent damage to nature are the reason for people around the world to think and take action. European countries are starting to create legislation aimed at protecting the environment, as we know it today at the beginning of the Industrial Revolution. These laws are part of civil and administrative law, their primary objective being to ensure the payment of satisfactory compensation in cases of pollution and to create a system for avoiding damage to the environment and protecting human health. At this early stage in the development of environmental law, it is not considered necessary to criminalize acts damaging to nature, as they themselves were not so prevalent.In the evolution of legal protection of the environment, we can distinguish two main historical periods. The first is that of the so-called Industrial Revolution from the beginning of the 19th century, and the second is the period of recovery after the Second World War, which lasted until the end of the seventies of the twentieth century. The relationship between economic development and the consumption of natural resources is well known. It is also obvious that the more we develop the industry, trade and other economic sectors, the more resources are needed. Their systematic exhaustion and the imminent danger of permanent damage to nature are the reason for people around the world to think and take action. European countries are starting to create legislation aimed at protecting the environment, as we know it today at the beginning of the Industrial Revolution. These laws are part of civil and administrative law, their primary objective being to ensure the payment of satisfactory compensation in cases of pollution and to create a system for avoiding damage to the environment and protecting human health. At this early stage in the development of environmental law, it is not considered necessary to criminalize acts damaging to nature, as they themselves were not so prevalent.

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Агенции на ЕС. Европейска агенция за безопасни и здравословни условия на труд

Author(s): Penka Mechkarska / Language(s): Bulgarian Issue: 2/2011

With the enlargement of the European Union, the constant improvement of safety and health at work is a key objective of European social and labor policy. Enabling the wide variety of occupational safety and health issues faced by Europe is not within the reach and competence of only one Member State or institution. This is the reason why the European Agency for Safety and Health at Work is set up. Its purpose is to bring together and share with its members a large base of knowledge and information on occupational safety and health issues, and in particular the good practices of preventive activities.

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Международните договори като част от вътрешното право

Author(s): Velislav Petrov / Language(s): Bulgarian Issue: 1-3/2007

International custom is defined as proof of the common a practice recognized as a right. States recognize certain practices as legally binding on his conduct. Customary international law occupies a considerable part of the normative fund of international law.

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Косвените данъци в Европа и в България. Данък добавена стойност

Author(s): Galina Kuncheva / Language(s): Bulgarian Issue: 1-3/2007

Over the centuries, countries have partially covered their costs by being taxed sales of goods. The ancient Romans had a common tax sales tax goods sold on the markets by auction. This one system extends to Egypt and France where sales taxation continued and applied after the fall of the Roman Empire.

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Хармонизация на българското законодателство съгласно директива 98/8/ЕС за пускане на пазара на биоцидни препарати

Author(s): Nikolai Petrov / Language(s): Bulgarian Issue: 1-3/2007

Undoubtedly, Bulgaria is on the verge of Europe in literal and figurative meaning. As is often the case, our native politicians are used to saying, “we never are were closer to Europe and to European values. " But Bulgaria's membership the European Union is proving to be a difficult and responsible task, and the requirements that our country needs to fulfill are proving to be more numerous than we expected.

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Отнемане в полза на държавата на имущество, придобито от престъпна дейност

Author(s): Stefka Popova / Language(s): Bulgarian Issue: 1-3/2007

The law is aimed at the intersection of opportunities for taking advantage of criminal activity and prevention the use of such benefits to commit new crimes or others offenses by creating the conditions and order for blocking and withdrawal in favor of the State of property acquired directly or indirectly by criminal activity. The law has been developed in accordance with the basic legal acts of the European Union Union in the fight against money laundering, with the recommendations of the International Group on Money Laundering combating money laundering, as well as the experience of Ireland, the Netherlands, Denmark, Austria and other countries, and is intended to achieve its objectives international exchange of information.

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Общи правила по възлагане на обществена поръчка. Оспорване. Контрол

Author(s): Teodora Popova / Language(s): Bulgarian Issue: 2/2005

The Public Procurement Law outlines the basic principles, rules and procedures for public procurement, as well as the control over the spending of public funds and the provision of up-to-date information on public procurement.

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THE ACTIVITY OF THE ROMANIAN SECURITATE ON SPECIAL CURRENCY CONTRIBUITION

Author(s): Corvin Lupu / Language(s): English Issue: 2/2019

The article highlights the activity of the commercial companies of the Securitate and the way in which the process of stealing the economic gains of the Romanian national economy started and also was ended. After December 22, 1989 and the formal termination of the Securitate, the huge amounts of money in the accounts of the Securitate remained in the accounts of the Securitate-officers who were credit directors and coordinated the account numbers, passwords and access codes. There was no Communist Party control of these amounts and they were only partially reported to the political leadership of the country. These amounts have disappeared entirely. They far exceeded the amount of Romania's external debt and were accumulated in the period when the people were afflicted by the economic crisis, artificially induced by those who were preparing to trigger the popular uprising behind which the state coup meant to remove Ceaușescu from power was covered. Removing Ceaușescu from power was ment to regain the political and military control over Romania by the USSR and the take-over by the Western economies of the Romanian place on the world market and the sources of raw materials in Romania.

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Същност и обща насоченост на актуалната реформа на наказателнопроцесуалната система

Author(s): Nikola Manev / Language(s): Bulgarian Issue: 8/2018

Criminal proceeding is a complex multi-layered activity, whose task is to disclosure the crime. The changes in criminal procedure legislation are conditioned by the adoption of the new constitu¬tion of the country in 1991. The methodological basis of the typology of the criminal procedure determines the way in which the relevant reform of the objective law is carried out. Regardless of the tendency to extend the scope of the disposi¬tive method, the determining method in the cri¬minal procedure remains the governmental (im¬perative) method of legal regulation. Reform of the Criminal Procedure Code is predetermined by the changes in the judicial system. More and more attention is being focused not only on law creativity but also on law application.

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Обоснованост на правораздавателния акт по спорове в областта на интелектуалната собственост

Author(s): Veselina Maneva / Language(s): Bulgarian Issue: 8/2018

Justice as the highest type of law enforcement activity places the most requirements on the judicial authority. In relation to the treatment and resolution of intellectual property disputes, the specificity is justified by the nature of the intellectual property objects as intangible goods and by the special knowledge that the authority must possess. He makes a decision, justifying it with the evidence of the dispute and the established facts and circumstances, given the requirement to reveal the objective truth. These logical judgments the court forms on the basis of his inner conviction and give a complete practical form of subjective attitude, expressed in the motifs of the judgment decision.

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Продължителните договори

Author(s): Polya Goleva / Language(s): Bulgarian Issue: 8/2018

The long-term contract is a notion of law, that is not regulated by legal norms and was not anobject of the legal theory. Some kinds of long-term contracts in civil and commercial law as contractsof rents, loans, society, deposits are explicitly regulated by legal dispositions. The labor contractis a long-term contract too. Despite of the increased role and field of application of the long-termcontracts in our country like other countries any general legal positions don’t exist, which reflectthe specific features of the long-term contracts. That’s why the article propose the introduction delege ferenda of general causes for termination of the discussed here kind of contract.

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Същинските данъчни престъпления по НК на РБ – общи положения и проблеми, свързани с правоприлагането

Author(s): Roumen Vladimirov / Language(s): Bulgarian Issue: 8/2018

In the article under consideration are the basic features of the real three types of tax crimes.These are: avoidance of the establishment or the payment of tax obligations in big amounts – Article255 of the Criminal Code; the fulfilment of the same assault through allowed means – Article255а of the Criminal Code and the so-called tax fraud – Article 256 of the Criminal Code. The authorpays attention to some issues with regard to the regulation and the application of the norms ofthese offences. On the first place there is the issue of the subject and above all of the use of differentcriteria with regard to the content of the terms „big amounts“and „particularly big amounts“, including the cases of tax fraud under Article 256 of the Criminal Code. The second issue, which can now be considered to be solved by two interpretative decisions of the Supreme court of cassation, which provide a negative reply. In particular these are the questions whether the subject of those offences may be only the taxable person and whether it is a compulsory precondition that a tax assessment has been carried on and an amended assessment has been issued. The third issue is about the question how efficient are the norms for the real tax offences and the necessity for the amelioration of their legislative regulation, in which respect there exist some reserves.

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Сравнителноправен анализ между българското и руското трудово право относно проблема за „невъзникналото трудово правоотношение“

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian Issue: 8/2018

The subject of the scientific study in the paper is the comparative analysis between the currentpositive legal regulation of the so-called „labour relationship which has not come into being“in theBulgarian and the Russian labour law. A comparison is made between the legislative regulationof this issue in the second sentence of Article 63 (3), Article 86 (7) and the first sentence of Article96 (4) of the Bulgarian Labour Code and Article 61 (4) of the Labour Code of the Russian federation.In the current Russian labour law this legal institute is known as „annulment of the labourcontract“, which is a right of the employer. In Bulgarian labour law the problem with the labourrelationships that have not come into being is resolved legally and technically by means of the useof a legal fiction.

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