Юридически методи в практическите задачи по правна информатика

Author(s): Vihar Kiskinov / Language(s): Bulgarian Issue: 2/2012

The theoretical part of the article examines legal methods as part and functional expression of the legal system and, hence, as part of the subject of legal informatics. The factors which influence the advanced research and development study of legal methods are traced. 16 tasks assigned during the course of legal informatics are described, including analyzing legal terminology, generating conceptual schemes, developing normative legal structures. The article provides certain assessments of students’ theoretical and applied skills. The conclusion emphasizes the characteristics of legal informatics as a science of legal methods.

Понятието държава и легитимирането на правния ред

Author(s): Daniel Valchev / Language(s): Bulgarian Issue: 6/2011

In the present article the author aims at analyzing the main historically developed ideas, which claim to give an acceptable justification to the legal order. According to the author, these are Cosmos, God, the human reason and the state. The notion of the state is no longer able to insure the main justification of the legal order. The open nature of today’s legal systems requires a new fundamental concept, which would be able to provide a new basis for the justification of the legal order. That should be a concept combining arguments for the legal validity of the legal order with arguments for its legitimacy.

Към понятието за правен принцип

Author(s): Rosen Tashev / Language(s): Bulgarian Issue: 6/2011

The article explores the concept of legal principle. In the first part of the article the two existing doctrines – the so called “weak” and “strong” doctrines about the distinction between rules and principles – are being examined. Special attention is paid to the views of R. Dworkin and R. Alexy, due to the fact that they take central position in the modern debate concerning legal principles. A critical remark is made that their understanding of validity fails in many points. That is why in the second part of the article a new theory of validity is being developed. It includes the assumption that we may three forms of validity: factual validity, legal validity and logical validity. On the basis of this division the main features of the legal principles are being studied. In the third part of the article the new “argumentative” concept of the legal principle is being presented, along with the study of the relations between legal principles and legal values.

Юридически конструкции

Author(s): Vihar Kiskinov / Language(s): Bulgarian Issue: 5/2011

The historical overview of the existing concepts of the “legal construction” demonstrates the need of their critical revision. The component composition of legal constructions, their functions and action within the legal system are not clarified to a sufficient degree. The article summarizes the author’s achievements in a 30-year period of work on this topic and discusses the prospects of future research.

Анализ на нормативно основание

Author(s): Vihar Kiskinov / Language(s): Bulgarian Issue: 3/2011

За върховенството на правото

Author(s): Vihar Kiskinov / Language(s): Bulgarian Issue: 3/2010

The term “supremacy of law” signifies a general principle and the mechanisms for its implementation. These mechanisms include forms and procedures by which the state applies the legal norms in accordance with the legal provisions. Therefore, the contemporary studies of the supremacy of law are focused not only on the essence and validity of the principle, but suggest instruments for its implementation. The article explores the notion of supremacy of law in the information society and considers new manifestations of the principle. A conclusion is made that the non-compliance with the specifics of the operation of law in the virtual reality discredits the principle of supremacy of law in the information society.

Ред, закон и държава в учението на Платон – Полис

Author(s): Daniel Valchev / Language(s): Bulgarian Issue: 2/2010

The article is the second part (named Polis) of a bigger study aiming to point out the importance of the idea of order in Plato’s work. This part is focused on the social order as an integral part of a basic general cosmic order. In the first part (Cosmos) the author argues that the core of Plato’s theory concerning the social order (which includes the legal order), is oriented towards the understanding that the order in the polis could be assessed as good (in a broad sense) only in case it is a reflection of the general cosmic order. And the philosopher, being the unique person, who is capable to understand the principles of the general cosmic order, is for that reason the only one, who is untitled to create the juridical laws. In the second part the author analyzes Plato’s ideal state as an attempt to transfer the cosmic order into society by using the notion of justice. Justice is described as a matter of proportional (but not equal) distribution. That understanding of justice is reproduced in the work of Aristotle and many others. Following Plato’s different classifications of the forms of government, the author emphasizes on the importance of one of them, which is based on two criteria – number of rulers and compliance with justice and Law.

Scurte considerații referitoare la comunicarea normelor și conținutul acestora

Author(s): Andreea Elena Matic / Language(s): Romanian Issue: 1/2020

In the present paper, we aim to analyze several aspects linked to the content of the legal provisions, communication of law and theories about the truth. As social beings, our lives take place in groups and we rely on others and on society to achieve our individual purposes. In order to function properly,the society must be guided by a set of rules that are known and understood by all its themembers. In the process of enactment and application of the law, a language is used to transmit the information. The language doesn’t include all the intellectual input and the entire idea of the legislator, but there is no other way to communicate the rule. And,without communication, the law cannot be known, understood and obeyed. We present inthe paper important arguments regarding the communication of the norms, the lack of precision of any language, and the necessity that the law to reflect reality. Law is the necessary frame for a quality life in society. Through a proper legal system, we are able to achieve our personal goals, search for happiness, keep our health, raise our children and so on. We also referred in the paper to the philosophical theories regarding the truth,as we consider that they are important for a good establishment of the law.

За функциите на правото

Author(s): Vihar Kiskinov / Language(s): Bulgarian Issue: 6/2009

The main idea of legal science in the information society is the creation and development of virtual legal reality. The new basic idea assumes new targets and tasks for the general theory of law. The virtual legal reality contains all ideal components of the legal system, but its composition is not limited to these components. The article explores the statics and the dynamics of the virtual legal reality. The new objective of legal science, as specified from the perspective of the general theory of law manifests certain integrative characteristics. Theory, legal drafting, and legal regulation take place in a common environment. The activities in each of these areas contribute to the achievement of the new scientific objective.Social development affects the law and its functions. New qualities of government arise in the information society. In the rule of law state these qualities should be determined by the law in new ways and through new functions. The new virtual being of law and the new legal mechanisms condition new functions of law.

Doktor Maciej Kłodawski (1985–2020)

Author(s): Michał Araszkiewicz,Krzysztof Płeszka / Language(s): Polish Issue: 1/2021

Соотношение категорий «интерес» и «добросовестность» в процессе осуществления секундарных прав

Author(s): Elena Markovna Tuzhilova-Ordanskaya / Language(s): Russian Issue: 2/2020

The problems of how two categories, “interest” and “good faith”, are related while implementing the secondary rights were studied. Based on the analysis of the current compliance practices and the literature data on civil law, the use of these general legal categories for exercising the secondary rights was considered with regard to the fact that the latter are secondary to the subjective civil rights. The research was performed with the help of the following methods: empirical methods of comparison, description, and interpretation; theoretical methods of formal and dialectical logic; and private scientific methods, such as the legal dogmatic method and interpretation of legal norms. A special focus was placed on the implementation of the secondary rights, namely on organization, transformation, and termination of legal relations, i.e., the secondary rights are of interest to the legal entities only when they serve the “actual” interest of these entities. It was concluded that the enjoyment of legal opportunities in a unilateral way, being aimed at the creation and transformation of legal relations as an ideal model of the actual objectively existing relationships and interactions between people, is driven by the socio-economic interest, and the secondary rights should be exercised responsibly in line with the “abstract” conscientious behavior.

Правовая квалификация определения границ применения положений статьи 239.1 ГК РФ во времени и по кругу лиц

Author(s): Vitaliy Anatolyevich Petrushkin / Language(s): Russian Issue: 2/2020

The provisions of Article 239.1 of the Civil Code of the Russian Federation were analyzed through various versions of the law in force at different periods. The dynamics of development of law enforcement practices was considered. The research is based on a thorough investigation of the judicial practices and the clarifications from higher courts. It was suggested that there are problems in the current law enforcement practices regarding the scope of persons, to whom the rules on the seizure and sale of unfinished construction objects are applied. The need to resolve the issues on applicability of Article 239.1 of the Civil Code of the Russian Federation in time and concerning users of the land owned by the state or municipal authorities by means of various legal methods and official clarifications by the Supreme Court of the Russian Federation was substantiated. Based on the obtained results, a fair and logical idea was introduced that the objective of civil and land legislation is to ensure legal certainty in relation to state-owned land plots that cannot be re-granted for completion of construction without bidding to persons, who failed to complete the construction project.

Субъективная сторона преступления и отражение ее признаков в уголовном законодательстве

Author(s): Ildar Abdulhakovich Tarkhanov,Ramil Rustamovich Gayfutdinov / Language(s): Russian Issue: 2/2020

A general doctrine of the subjective scope of crime, the most difficult one for perception, was discussed. The rules were proposed for deciding on the form of guilt inherent in a particular type of crime if no such regulations can be found in the current criminal law. For this purpose, the special part of the Criminal Code of the Russian Federation was analyzed. Particular attention was paid to legislative innovations – for example, to the applicability of Pt. 2 of Art. 24 of the Criminal Code of the Russian Federation (with analysis, including the retrospective one), as well as to the new concept of elements of crime in “Violation of the requirements in the field of transport safety” (Art. 2631). It was concluded that no single rule can be found for defining the form of guilt as provided by Pt. 2 of Art. 24 of the Criminal Code of the Russian Federation, which negatively affects both interpretation of the law and its legal application.

Ред, закон и държавата в учението на Платон — космос

Author(s): Daniel Valchev / Language(s): Bulgarian Issue: 6/2009

The study aims to underline the importance of the conception of order into Plato’s work in conjunction with the notions of law and state. The starting point of the author is the thesis that in Antiquity all three forms of order – order in nature, order in thinking and order in society were considered integral parts of a basic general cosmic order. According to the author, the core of Plato’s theory concerning the social order (including the legal order), is oriented towards the understanding that the order in the polis could be assessed as good (in a broad sense) only in case it is a reflection of the order of the cosmos. And the philosopher, being the unique person, who is capable to understand the principles of the general cosmic order, is for that reason the sole, who is untitled to create (to express, to stipulate) the juridical laws. He could do that by the assistance of mathematics and especially geometry, witch is not only a system of deductive statements, but represents a link between the world of ideas and the material world. The article claims that this theoretical construction is not a Plato’s invention. The important role of Plato’s predecessors is outlined and the impact of the Pythagoreans, Parmenides and Heraclites is described.

Задачите пред общата теория на правото на информационното общество

Author(s): Vihar Kiskinov / Language(s): Bulgarian Issue: 4/2009

The new objective of legal science in the information society poses new tasks before the general theory of law. The article specifies the general theoretical tasks under the following rubrics: new social systemity and new social qualities; the effects of law in a virtual realm and spontaneously created spheres of the virtual legal reality; new legal methods; new legal systemity; new legal ontology; virtual legal reality; development of the methods; new theoretical and practical results; new qualities of the virtual legal reality. The continuity between traditional and new topics in the general theory of law is emphasized.

Новата цел на общата теория на правото в информационното общество

Author(s): Vihar Kiskinov / Language(s): Bulgarian Issue: 1/2009

The main idea of legal science in the information society is the creation and development of virtual legal reality. The new basic idea assumes new targets and tasks for the general theory of law. The virtual legal reality contains all ideal components of the legal system, but its composition is not limited to these components. The article explores the statics and the dynamics of the virtual legal reality. The new objective of legal science, as specified from the perspective of the general theory of law manifests certain integrative characteristics. Theory, legal drafting, and legal regulation take place in a common environment. The activities in each of these areas contribute to the achievement of the new scientific objective.

Юридически речник – ценно помагало или...?

Author(s): Ognyan Gerdzhikov / Language(s): Bulgarian Issue: 2/2007

Семинарните занятия по обща теория на правото — отговорност и предизвикателство

Author(s): Ivan Kiossev / Language(s): Bulgarian Issue: 1/2007

Кръгла маса на Българската асоциация по философия на правото и социална философия: Правата на човека — триумф или провал

Author(s): Ivan Kiossev / Language(s): Bulgarian Issue: 5/2006

Новите качества на правото в информационното общество

Author(s): Vihar Kiskinov / Language(s): Bulgarian Issue: 1/2006

The advancing information society influences the characteristics of contemporary law. The changes consider the legal science, the normative regulation and the law enforcement. Thus the information society’s impact on law has three major directions. First, new objects of normative regulation appear. Second, new mechanisms for law enforcement within the virtual environment are elaborated. These effects determine the nature of law changes. Third, the legal science and its conceptual apparatus are changing. The article examines the changes in the first and second direction. The concepts “virtual legal relations” and “virtual legal facts” are introduced. Their original qualities are stated. The operation of virtual legal relations is described and the significance of virtual legal facts within the legal framework of the virtual environment is pointed out.