Съдебната реформа в България: Възможности за развитие на модерна система за регистрация

Author(s): Author Not Specified / Language(s): Bulgarian

The brochure was published for the workshop Reforming Judiciary in Bulgaria: Towards the Introduction of Modern Registration System held in September 2002. It contains the full text of the report on the opportunities for developing Central Register of Legal Entities and Electronic Registries Center in Bulgaria, developed by the CSD Task Force, presentation of the experience of Norway and other European countries as well as information on the operation of the European Business Register.

Правда и личност поводом догађаја на Косову

Author(s): Boško V. Popović / Language(s): Serbian Publication Year: 0

In this text the author is speaking about psychological consequences of disrespect of justice. All that is continuisly happening in last decades on Kosovo and Metohia is not only the matter of politics, or economy, thinks the author, but also has an important influence on individual person, especially moral education of young people and also on the building social relations generally speaking. The author speaks also about dangerouses of neglecting psychological knowledge. There could be two problems – the consequences could target the person who is the victim of someone’s forbidden behaviour, but also could target the person who is doing such things, who don’t respect justice in social relations.

Тродимензионалност права

Author(s): Sava Aksić / Language(s): Serbian Publication Year: 0

Traditional theories, as normative, sociological and psychological,explain the nature and essence of Law by way is not wrong, so the way these theories explain the Law is correct, but only in part by they explain the Law.That’s mean these theories are particular and not comprehensive.By Psychological theory of Law Petrazicky, imperative – attributive emotions makes the Law. According to George Gurvitch's Sociological theory,the normative fact is every manifestation of social reality and according to Kelzen's normative theory the Law is content only of orders of state.We think, all of this theories, represent some reduction of Law. The Law is impossible to reduce on way this theories explain it especial. The Law is possible to receive only on way of wholeness. That’s mean, the Law is contented not from facts this theories especial find as Law, then in facts of all this theories.

Ценностите в правото и правото като ценност

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

The article comments on the grounds for values in law by emphasizing their relevance in modern democratic societies, which seek opportunities for harmonizing social relations not only nationally but also internationally. It develops the idea that law has a dual nature, on the one side, can be seen as a transcendental value, on the other side as a value -means (tool) which is in public service. The article collates different views on the value of law, both from normative school and in terms of natural law theories. It leads to the conclusion that legal values are formal values due to the inherent formalistic approach of the law and have legal significance. They are distinguished by theirmoral and religious content. The article indicates that the social value of law gives value characteristics of other social phenomena -economic, social, cultural, and also the state, turning it into a State of Law and political power, giving it legitimacy.

Легитимност и легалност на законите

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

Морал (етика) у грађанском праву

Author(s): Oliver Antić / Language(s): Serbian Publication Year: 0

The author discusses two basic principles on which Civil Law rests – principle of private autonomy (autonomy of the will) and principle of good faith. Private autonomy, originating from the theory of autonomy of the will, stands for individualistic, hence egoistic principles in law as confirmation of subjective civil rights and as a token of position and role an individual plays in constituting, changing and cessation of subjective civil rights. The principle of good faith stands in sharp contrast to the principle of autonomy of the will in the sense of the struggle of the opposites, thus striking a balance between egoistic on one and ethic, social i.e. common or collective on the other side. Law without ethics is injust, immoral law, „law“ which can easily slip into the realm of antilaw, violence or even crime, the fact that has, sadly, been confirmed in the history of our civilization too many times. Morale, ethics without legal sanction, hence, without law is but a forsaken righteous man warning and crying, but unable to avert deceit, violence or even crime. Ethical system devoid of law resembles a senior advisor whose advice is disregarded even when properly understood. In the world of conflicting interests legal and moral order rely on fellowship, interlacing, coegzistance. Those who fail to understand ethics cannot understand the essence of law; those who fail to understand the law will certainly not understand the point, the gist, the life of ethics. Hence law and ethics must never be two separate entities.

ФИЛОСОФСКИЕ АСПЕКТЫ ЮРИДИЧЕСКОЙ КВАЛИФИКАЦИИ ПРОТИВОПРАВНЫХ ДЕЯНИЙ

Author(s): Efim Mohorea,Ion Buzinschi / Language(s): Russian Publication Year: 0

This article is devoted to highlighting the philosophical aspects of the classification of illegal acts, including criminal ones. The qualification of illicit acts is a complex creative cognitive process, which requires competence not only in the field of legal sciences, but also abilities to operate with certain philosophical categories. In order for the qualification process to be carried out correctly, it is important that law enforcement officials make a clear distinction between the ontological, gnoseological and axiological aspects of the investigation of harmful phenomena, so as not to confuse what “is” (ontic) with what “must”. be‖ (deontic)

Съвременни интерпретационни модели на релацията между Ius и Iustum

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

The issue of the connection between law and justice has historical, politological and purely legal and legal-philosophical aspects. The analysis of that relationship needs a philosophical and historical overview to be made, as well as to outline its contemporary aspects. The article is dedicated to the connection between justice and law in the context of the philosophical concept of fairness, equality and freedom. Philosophical-juridical discourse of justice brings forth the particular actuality of the topic given the context of the contemporary international standards and regulations that form the institutional frame of modern legal policy.

Похвално слово за правото

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

The field of law is the social life of people together. The task of law is to create order in their relations and in their relations with the public authority, as well as in the relations of the public authority themselves with each other. All these relations are to be clearly established and fairly regulated. The words 'law' and 'fair' have a common root. Law is the art of the good and the fair, in the words of the ancient Roman jurist Celsus, later quoted by his famous "colleague" Ulpian and made into a maxim. It is an art, according to those who make the law, to arrange the various relations in such a way, in accordance with the idea of social justice, that an optimal "good and fair order" is obtained according to the social circumstances. This order is to be accepted by the vast majority, to build authority, to facilitate the unfolding of social activity.

Dreptul ca valoare și valoarea dreptului

Author(s): Emilian Ciongaru / Language(s): Romanian Publication Year: 0

From the perspective of global evolution, law must be and is analyzed as a coherent and articulated system that has specific rules from several points of view, such as: from the point of view of historical considerations; studied as a phenomenon that preserves certain traditions and characteristics acquired over time, but which have maintained a permanent and continuous dynamic; studied from the point of view of the structure of the legal system; studied as a phenomenon that is formed by well-defined elements that are found in a state of deep and well-defined interference. In the analysis as a value, the true right is nothing but that right which aims to contribute decisively to the initiation and realization of a democratic society formed by people with free will, manifested as the will to stay, therefore which contributes to the creation of principles and values fundamentals of fulfilling the social ideal as the defining foundation of the state. Also, the law exclusively establishes very well-defined social norms, and as a value of positive law, it aims to formulate imperative values, but both social norms and imperative values aim to achieve an absolute value of the legal system.

Constante ale Dreptului, constante sociale - constante contrastante?

Author(s): Cristian Neacsiu / Language(s): Romanian Publication Year: 0

Since by defining what is implicitly constant the aspect of a continuity in temporality is verified, the further question is justifiably asked whether the idea of constant implies and signifies only the aspect of continuity in temporality? As any interruption of continuity represents an opening to another continuity which thus actualizes itself, it follows that in order to be characterized by constancy, a continuity must not know interruption. Therefore, continuity as constant is that which is not fractured by the act of interruption. Regarding the latter relationship, it is necessary to mention the aspect that its object is represented by continuity, and the feature that applies to it is represented by constant character. But, viewed from the opposite direction, could a relationship be conceptualized in which what is constant as uniformity has its object value, respectively continuity represents the feature that applies to the object?

Dreptul și societatea contemporană - evoluție sau involuție

Author(s): Iosif Friedmann-Nicolescu / Language(s): Romanian Publication Year: 0

Contemporary society is undergoing unprecedented change. In this context appears the dilemma regarding Law in human society: progress or regression ?

Ценностни аспекти на мярата на правото

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

The measure is a substance of Law. It provides the sharing and regulatory energy of law. It is a volume concept of The Philosophy of Law and contains justice, equity, proportionality in realizing of public relations.

Развитието на правните науки и научният идеал

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

This report sets out and defends the understanding that the development of the legal sciences has until recently been extensive and based on the classical dogmatic approach to law, but that the time has come to unfold new horizons for legal scholars to bring to remarkable progress in jurisprudence, to its intensive development and to the revelation of the internal regularities in the development of the legal phenomenon. Awareness of the deep connection between the development of all scientific knowledge and the development of the legal sciences, as well as the creation of a legal theory that is as close as possible to the scientific ideal is the pathos of this work. This, of course, requires the formation of a new legal methodology to support the application of the interdisciplinary approach in legal research and to direct researchers in the field of legal research to the development of interdisciplinary legal sciences. Only a methodology of law, which derives from the overall development of scientific knowledge and which is based on the general methodology of science, which is the subject of management of systemically integrated scientific knowledge, which manifests itself in both static and dynamic form, will meet the high modern requirements for scientific methodology. The constant process of growth of the conceptual apparatus of science and of multiplication and deepening of scientific hypotheses and theories is characteristic of all modern sciences, including legal ones. The formation of a modern legal methodology, which is a product of the Cultural Paradigm of the New Age (CPNA) and is oriented towards the synthesis of scientific knowledge and the interdisciplinary research characteristic of the synthetic approach, will inevitably lead to reformatting the legal theory and building a new Desacralizing theory of law (and the state).

Особености на колективните и комплексни съдебни експертизи и приложението им в наказателния процес

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

The exhibition examines the hypotheses under which for the needs of criminal proceedings it is necessary to appoint special categories of forensic examinations - those performed by specialists with in-depth knowledge in various fields of science - complex examinations; or performed by more than one specialist - in collective forensic expertise.The exhibition examines the hypotheses under which for the needs of criminal proceedings it is necessary to appoint special categories of forensic examinations - those performed by specialists with in-depth knowledge in various fields of science - complex examinations; or performed by more than one specialist - in collective forensic expertise.

Rechtsdogmatik and Its Place in Practical and Theoretical Jurisprudence

Author(s): Csaba Varga / Language(s): English Publication Year: 0

Legal doctrine, doctrine juridique, or, as termed in its specialized German cultivation -Rechtsdogmatik, by transforming by given texture of the law into a logically organised conceptual system, will result in changes not of the law per se but its understanding as well. Thereby, it duplicates the legal phenomenon, giving mere drafted wordings conceptuality and systematicity. The paper overviews the novelty, formative role, understanding as a tentative scheme, and scientific status of the doctrinal work of law. Considering the fact that the law itself is neither theoretical in its nature nor a directly scientific product, but is a practical category, the doctrinal study of law is not "cognitively recognized". Consequently, non of its results can be verified or falsified. It is fundamentally a parasite: a collateral entity contingent on the law in force and guidance on how to understand the latter.

Романтизмът като философско основание за създаването на историческата правна школа

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

Philosophy has always influenced the development of legal thought over the centuries. On the basis of the philosophical aspirations in the individual historical epochs of the development of the society, the specific doctrines searching for the essence of law were created. The Historical Law School is no exception to this trend. The text of the report presents the importance of the philosophical direction of Romanticism for the creation and development of the Historical Law School. It is concluded that each of the ideas of this legal school formed its views in the spirit of romanticism.

Doctrina ca izvor de drept - privire specială asupra recursului în interesul legii și deciziilor de neconstituționalitate

Author(s): Cornelia Beatrice Gabriela Ene-Dinu / Language(s): Romanian Publication Year: 0

Broadly speaking, doctrine represents law as conceived in theory; it explains and comments on legal rules, exposes legal theories, as well as the practical application of principles, showing the authors' opinions on legal issues. In a narrow sense, the term "doctrine" refers to an opinion expressed on a particular issue. Both meanings refer to a written or oral presentation of the science of law, which has a systematic or critical nature with regard to a certain legal matter, made by persons whose function is to study law. The manifestation of the doctrine is carried out in multiple forms, from treatises and courses which are systematic expositions in which each branch of law is presented as a whole; commentaries that explain the text of laws or judicial decisions, considered to be the oldest type of doctrinal works, in the form of the works of Romanian jurisconsults, compilations of practical materials, especially of judicial decisions or normative acts; legal monographs; studies, articles, etc. It is important to specify the role that the doctrine has on the legislative activity, application and interpretation of the law, especially with regard to appeals in the interest of the law and unconstitutionality decisions.

Principiile fundamentale, un ”dat” al dreptului

Author(s): Elena Anghel / Language(s): Romanian Publication Year: 0

In its grand historical-spatial diversity, the law presents a permanent nature represented by a bunch of constants. The principles, in terms of ontology, give meaning to the law from the beginning of the society, namely before being discovered and worded by the law science. They substantiate law as a ”given” and guide the lawmaker in the construction of positive law. As the principles are the bases of the positive law, the values are crystallized, enshrined and protect by rules of law. Law must carry within equilibrium between the letter and spirit of laws. The entire official legislation, instituted by the state, in other words “the letter of the law”, must be went through by the “spirit” of law’s principles. The fundamental principles constitute reference points for the legislator, as well as for the practitioner, in the process of elaborating and applying the norms of positive law. Provided in the Constitution, they assume the function of harmonizing the positive law system and orientate the ordinary legislator’s will, being situated above its spirit. The legislator has the purpose only of discovering the spirit of the law and of formulating the principles, transforming the given of the law into the constructed. We all agree that the principles ensure the unity, cohesion, balance and development of the legal system. But are the principles formal sources of law? If we agree that they are exterior to the positive juridical order, what is hiding behind the principles of law? We are aware that behind law and jurisprudence exist institutions and people; behind doctrine, savants and law schools; behind common law lays the entire society; How about behind law’s principles? This is what I will try to find out in the present study.

Мярата на правото като конкретизация на правния смисъл

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

The measure of law is a fundamental concept for the general theory of law and the philosophy of law. It removes and concretizes legal meaning, and directs it towards concreteness and dutifulness.