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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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Bulgarian Legislation on Nutrition of Infants, Children and Adolescents: Has Bulgaria Implemented the Rules of the WHO International Code of Marketing on Breast Milk Substitutes?

Author(s): Tsvetalina Petkova / Language(s): English Issue: 8/2018

The study analyzes the Bulgarian legislation on the feeding of adolescents. Conclusions aremade on the compliance of these rules with both the European legislation and the WHO InternationalCode of Marketing on breast milk substitutes.

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Що е то социалистическа правова държава?

Author(s): Deyana Marcheva / Language(s): Bulgarian Issue: 8/2018

In the Nineteenth All-Union Conference of the Communist Party of the Soviet Union of 1988emerges the concept of “socialist state under the rule of law“. What is that hybrid construct, whichclaims to be a successor of the “socialist legality“ in the USSR? Is it rule of law or is it a newideological hybrid born out of the same type of social engineering? The starting point of this researchis the historical and theoretical paradigm of “socialist legality“. The analysis shifts from theSoviet to Bulgarian context because the events, the concepts and the theory in Bulgaria during theperiod of totalitarian state and law literally copy and follow what has happened in the USSR. Asany other class concept “socialist legality“develops and functions in controversy to the “bourgeoislegality“that turns out to be the very concept of rule of law under a new name as given bythe socialist state and law textbooks. That’s why of particular interest are the political and scientificprocedure employed to restate the ideas of the rule of law during the “perestroika“so that they can be filled in with new “socialist“content.

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За преките вреди по смисъла на член 82 от Закона за задълженията и договорите

Author(s): Silvia Tsoneva / Language(s): Bulgarian Issue: 8/2018

The article explores the notion of direct loss as a limitation of the damages for breach of contract.This is carried out through a survey of the main causation theories acknowledged in Bulgarianlaw, the definitions of direct loss given by the legal academics and jurisprudence, historical reviewof the idea to keep contract liability within limits and comparative law treatment of this issue in theFrench, German and Swiss law.

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Влиянието на правораздаването върху законодателството в областта на гражданското и търговското право през 2018 г.

Author(s): Polya Goleva / Language(s): Bulgarian Issue: 1-3/2019

The Article researches the interaction between the jurisdiction and the legislative power in Republic of Bulgaria in 2018. On the basis of investigation of concrete acts of the parliament and decisions of interpretation, issued by the General Assemble of the Civil and the Commercial Colleges the influence of the laws over the decisions of the Supreme Court of Justice and concrete decisions issued by the court are revealed and the influence of concrete cases over the development of law. The two powers of the state are fighting for predominance, in particular in the year of 2018 and in particular on the field of the civil and commercial law. In some directions the legislative power is stronger than the court, but in other directions the court predominates the parliament. The interaction ends in the final analysis with the victory of the court when it makes decision by a concrete case.

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Правата на човека в борбата с тероризма: Режими за санкции на Съвета за сигурност на Организацията на обединените нации

Author(s): Mariya Hristozova / Language(s): Bulgarian Issue: 1-3/2019

In the last decade, the growing number of acts of terrorism that threaten world peace and security, as well as the fundamental values in every democratic society, in particular respect for fundamental human rights, have called for more active action by the international community in the struggle with terrorism. In this regard, the United Nations Security Council adopted a number of resolutions establishing sanctions regimes against the Islamic State of Iraq and Levant (IDES), Al-Qaida and the Taliban, and other individuals, groups, and related entities and suspected terrorist suspects. Despite the social purpose of these regimes, they created serious preconditions for violations of the human rights of the affected subjects, in particular the right to a fair trial, the right to an effective remedy, the right to property, the right of the persons concerned to be informed of the charges against them, the right to be heard and other procedural rights. This circumstance calls for reformsto be made to the arrangements inplace to ensure fundamental human rightsin the fight against terrorism.

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Влиянието на тълкувателната практика на ВКС върху развитието на законодателството в Република България

Author(s): Vasil Popov / Language(s): Bulgarian Issue: 1-3/2019

That article set itself the objective to consider the influence of the Supreme Court of interpretative practice at the Bulgarian legislation development. Have been analyzed processes leading to collisions between the Judicial System and Legislative System. There was presented cases, that they are leading to changes at legislation and have been examined there’s positive or negative impact effect.

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Влиянието на съдебната практика на ВКС върху развитието на законодателството в Република България

Author(s): Maria Tsokeva / Language(s): Bulgarian Issue: 1-3/2019

The article discusses the influence of the Supreme Court of Cassation practice over the Bulgarian legislation development. A subject of a detailed analysis is the jurisdiction of the Court, based on which the latter carries out its two main activities - judicial and interpretative. Further subject of analysis is the nature of judicial acts, laid down in this regard, as also their influence on our legislation from a theoretical point of view and via particular practice examples.

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REFLECTIONS ON THE RELATIONSHIP BETWEEN IUS PUBLICUM AND IUS PRIVATUM IN ROMAN LAW

Author(s): Gábor Hamza / Language(s): English Issue: 2/2019

The author emphasizes the contemporary significance of Roman law traditions. He points out that the idea of classification (divisio) of the Roman legal system originated in ancient Greek philosophical thinking. He also emphasizes that the classification or partition of ius civile is in no way related to the present-day classification of the legal order (system) into various ‘branches’ of law, particularly in civil law jurisdictions. Referring to a number of examples, the author proves that Roman law did not recognize a separation between public and private law as it is recognized today in many jurisdictions. He points out, in compliance with the thoughts of Azo, the ‘danger’ of this separation. The division is hardly able to provide any contribution to an adequate interpretation and development of law, since it evokes the possibility of the disintegration of the legal system.

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RES PUBLICA - RES PRIVATA ET LEURS TRANSFORMATIONS – L’EXEMPLE DE L’EMPHYTEOSE EN DROIT ROMAIN

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2019

In the modern legislation and in the jurisprudence, we don’t find an insurmountable limit between public and private property, which gives the possibility of the various transformations for the public interest compatible with the private interest. During the centuries there are two opposite directions in this sense: expropriation and confiscation of private property and privatization or private use of public goods. The origins of modern practices and institutions in these two sectors are found in Roman law, which establishes the basic principles and presents a vast series of cases and rules that can also be useful for contemporary jurisprudence. From this perspective, the example of Roman emphytosis is presented as a regulation of concessions and agricultural leases adapted to the public interest as well as to the private interest.

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ASSESSMENT OF SOCIAL DEVELOPMENT IN SLOVAKIA IN THE CONTEXT OF HUMAN RESOURCES

Author(s): Dana Jašková / Language(s): English Issue: 2/2019

Human resources are a primary source for development of a country. The importance of social policies and human resources for social development is a matter of particular consideration in today's globalizing society. Social development, human capital, human resources are factors that are related. The problem of the country's social development is a topical issue throughout the European Union. When analyzing the development of social development of the country,several concepts and methods are applied in practice. The aim of the article is to compare the development of social development in Slovakia using a composite indicator. Composite indicators as a tool for ranking objects are becoming more and more popular. The article describes various methods of its construction, their advantages and disadvantages. The construction of this aggregate indicator is based on the application of more complex and multidimensional statistical methods. The result of the statistical survey is a finding of steady growth of social development in Slovakia. The close negative dependence between social development and unemployment is illustrated.

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KEY FACTORS AFFECTING UNEMPLOYMENT IN THE ARAB WORLD

Author(s): Ahmed Salama,Judit Oláh / Language(s): English Issue: 2/2019

This paper aims to study the factors that determine unemployment in the Arab world. The study utilizes the panel regression method for the time series period from 2000 to 2016. The study tested the impact of many variables on unemployment such as macroeconomics variables,educational variables, labour market variables and besides studying the impact of economic freedom and the financial crisis of 2008. The results show that economic freedom has negative and significant relationships with total unemployment, the male and female unemployment as well. The impact of 2008 financial crisis on total unemployment appeared to have no significant impact on total unemployment.

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Działalność specjalnych stref ekonomicznych

Author(s): Jan Czempas / Language(s): Polish Issue: 06/2013

This paper presents the characteristics of Special Economic Zones (SEZ). Law acts were given which govern their operation. Effects of their operation for communities and the economy of the country were described, too. The presented data show the value of such variables as aid targeted to each SEZ, their area, the number of permits to start a business, the amount of capital expenditure and the number of created work places.

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ОБЗОР НА РИМСКОТО НАСЛЕДСТВЕНО ПРАВО

Author(s): Rafael Domingo / Language(s): Bulgarian Issue: 1/2020

The law of succession addresses the legal destiny of a person’s rights and duties after his death. Closely tied to the fundamental and peculiar features of Roman family and society, the law of succession presents vast difficulties for Roman lawyers because of its highly sophisticated nature and lack of systematic coherence. It is no coincidence that eleven out of fifty books in the Digest address the law of succession. The development of the law of succession reflects important social changes in Roman economic structures and value systems. It echoes the progression from an old Roman agrarian society to a new commercial one. From a technical legal perspective, the law of succession reveals the tension between civil law and praetorian law. Without formally altering the civil law, the praetor introduced fundamental adjustments to protect emancipated persons, blood relatives in the female line, and surviving spouses, among others.

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PUBLIC POLICY: AN AMORPHOUS CONCEPT IN THE ENFORCEMENT OF ARBITRAL AWARDS

Author(s): Akosua Serwaah Akoto / Language(s): English Issue: 1/2021

Public policy permeates the legal principles of a state and its ruling government. The justification of public policy is topical to the ethics and canons acknowledged by that state. These values are determined by the applicable political, social, economic, religious, and legal systems, which differ among states. As public policy usually best illuminates the broad area of government laws, regulations, provincial ordinances, and court decisions, the standards creating public policy alter as states develop. The motif of public policy is critical when the question of enforcement of arbitral awards suffice. There is no definite meaning of the term in the famous Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Arbitration Convention) to enforce foreign arbitral awards. Hence, this paper explores and traces some contemporary trends in defense of public policy as an exception to the enforcement of arbitral awards worldwide.

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THE IMPACT OF GLOBALIZATION AND THE INTERCONNECTEDNESS WITH THE COMPREHENSIVE ECONOMIC AND TRADE AGREEMENT BETWEEN CANADA AND THE EUROPEAN UNION

Author(s): Marija Fileva / Language(s): English Issue: 1/2021

Elimination of the trade barriers and stimulation of business activity through trade liberalization led to the expansion in the field of the global economy. There are plentiful hesitations about who gains the highest benefit from free trade, especially when it comes to the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union. Analogously, the previous mention guides to the dilemma about the trade negotiations and their position in the same agreement in which are the labor standards. Additionally, trade liberalization has influenced the creation of a close link connection between trade, labor, and globalization. This paper focuses on the effects of globalization and trade liberalization with their connection apropos the provisions from CETA; especially with an emphasis on Chapter 23: ‘Trade and Labour’.

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Propozycja przestrzennej metodyki oceny obciążenia przestrzeni miejskiej reklamą zewnętrzną na przykładzie miasta Polic

Author(s): Michał Kupiec,Sara Bręcz / Language(s): Polish Issue: 37/2018

Outdoor advertisements dominated the centers of modern cities, influencing the recipient through the form, size and manner of communication. Advertisements generate visual impact and affect spatial order, thus causing the need to develop tools that allow cities to assess their impact. An important role in this matter is played by visual analyzes, the vast majority of which are based on qualitative methods and have a linear character. The paper presents a variant of the visual assessment method of urban area, based not only on subjective impressions, but also on the quantitative data obtained as a result of measurements of the number of carriers. The analysis of the load was carried out on the basis of a set of research points arranged in 200-meter intervals on the street network of the city of Police, which is characterized by the dominance of multi-family buildings with an open character. The proposed research method enabled the assessment of the impact of advertising media on the composition and the reception of urban space, and the collected results enabled visualization of the spatial distribution of load by outdoor advertising, creating a comprehensive picture of the city’s aesthetics.

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ВАРИАЦИИ ВЪРХУ "PACTA SUNT SERVАNDA". ОКОЛО И ИЗВЪН ФРЕНСКИЯ ГРАЖДАНСКИ КОДЕКС

Author(s): Pierre Jadoul / Language(s): Bulgarian Issue: 2/2020

Over the time, the experts spared no praise and competed for compliments to describe the French Civil Code entered into force on March 21st 1804. Nevertheless, on the bicentennial anniversary of this code the famous French lawyer Robert Badinter noted: „The most remarkable about the Civil Code today is its longevity rather than its content.” The article provides a brief overview of the process of creating of the French Civil Code, the preparatory actions and discussions, as well as their modern re-evaluation, mainly in connection with the general theory of the obligations and the principle of "Pacta sunt servаnda".

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FROM FAS TO IUS AND THEIR ROLE IN TRADITIO IURIS ROMANI

Author(s): Cristina Pop / Language(s): English Issue: 2/2020

Among the numerous law systems known in history, the only one capable to develop a well-defined legal terminology, distinct in relation to the average, ordinary language, was the Roman law one. Even though in the ancient comprehension of the Quirites the laws would take a religious garb from both the point of view of their linguistic expression and from the point of view of their meaning, it was for the first time in history that the Romans created a unity of notions, able to transpose in a juridical language society's major interests. It was a fact also due to the general evolution from the antique fas to the exhaustive ius.

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Assessment of the transparency of the functioning of the Church Fund in Poland in terms of granting it

Author(s): Łukasz Bernaciński / Language(s): English Issue: 34 (2)/2021

This paper attempts to assess the transparency of the Church Fund’s operations in the area of awarding grants for the maintenance and renovation of historic sacred buildings and for supporting socially useful ecclesiastical activities. For this purpose, the author has outlined the procedure for awarding grants from the Church Fund by the Minister of the Interior and Administration. The author has also presented the practice of secretly increasing the budget of the Church Fund during the financial year, as observed in recent years, and the problem of not publishing decisions on awarding grants insofar as they concerned the distribution of funds from the said increase in the Fund’s budget. Basic measures have been proposed to potentially contribute to increasing the transparency of the granting procedure and to build citizens’ trust in the State. The area related to the financing of the Church Fund should be considered as non-transparent. On the other hand, the transparency of the grant award procedure is given credit for it is transparent, albeit apparently quite complicated, and is communicated to applicants in a comprehensible manner. When presenting the said procedure and assessing the functioning of the Church Fund in this respect, the author analyses and interprets the current provisions of the constitutional, statutory and sub-statutory rank laws in force applicable to the subject matter. Incidentally, elements of the historical overview of applicable laws are also used.

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