Запрещение и идентичност: философия по време на право

Author(s): Stoyan Stavru / Language(s): Bulgarian Issue: 3-4/2016

The article examines the philosophical and legal questions raised in connection with the proposed with Draft Natural Persons and Support Measures Bill change in the legal status of persons with intellectual disabilities and mental disorders. The “interests” and “presumable will” as leading criteria for preserving the identity and authenticity of persons placed under interdiction are opposed. Various approaches to identity and how to implement them in the context of the legal framework of incapacity are examined.

On certain legal provisions from the point of view of the division between public and private law

Author(s): Mihaela Fodor / Language(s): English Issue: XVII/2019

Romanian law maintains the distinction between the branch of public law and the branch of private law. This article addresses this distinction between the two and analyzes, through this distinction, certain recent provisions of the Civil Code, the Civil Procedure Code and laws that have to do with the domain of contentious administrative law. The definition of the public legal person shall be analyzed, along with the procedural norms that refer to this category of persons. We will present observations that have to do with establishing distinct competences for the solving of litigation stemming from the same legal document: the administrative contract, respectively the competence of courts specializing in contentious administrative cases when it comes to litigation concerning the conclusion or nullity of said contract, and the competence of civil courts of law when it comes to litigation concerning the execution of said contract.

Regimul juridic al răspunderii pentru încălcarea normelor deontologice în activitatea de elaborare a tezelor de doctorat – între etica academică și provocările logicii

Author(s): Ionela Cuciureanu,Dragoș - Adrian Bantaș / Language(s): Romanian Issue: 14/2020

Undoubtedly, scientific research is one of the foundations of the intellectual development of a society. In its absence, human societies are rapidly losing touch with the latest developments in the field, entering a state of backwardness which, in the age of the information society, can only be a potentially fatal source of vulnerabilities. Given its importance, scientific research must be carried out in a framework characterized by strict compliance with ethical standards. On the other hand, however, these rules must be designed in such a way that they do not stand in the way of scientific development, do not become an obstacle to the honest researcher or offer detractors that any scientist will almost inevitably encounter arguments not from lack of honesty, but from the imperfect wording of the law. For this reason, in our approach we will try to highlight the main elements of the normative framework that regulates the responsibility for violating the ethical norms in the elaboration of doctoral theses, but also its possible imperfections, formulating, at the same time, a series of proposals for improvement.

РОМАНИСТИЧНИ СЪОБРАЖЕНИЯ ЗА УСТОЙЧИВОСТТА НА ТЕРМИНИТЕ „НАСЛЕДНИК“ И „НАСЛЕДСТВО“

Author(s): Riccardo Cardilli / Language(s): Bulgarian Issue: 1/2020

The article presents the terms and concepts of heir and inheritance, formed in the archaic era by solemnis mos and included in ius civile. Inheritance is analyzed as a cultural and legal-religious achievement with richer content than the ordinary transfer of property after the death of the testator. A comparison is made between inheritance by law (ab intestato) and by will the appointment of an heir by testamentum calatis comiciis and adoption by adrogatio. The basic and genetically related terminology for heir and inheritance passes into the legal tradition based on Roman law in both models of inheritance – by will and by law. Linguistically, however, "successio" has an expressive meaning, but it is the result of the reasoning of classical jurists and interpreting the models of succession on the occasion of death in civil and praetorian law.

MODERNA UPRAVA

Author(s): Tomica Starčević,Ines Jambrek Petrak,Branka Mandić,Naida Korajlić / Language(s): Croatian Issue: 1/2020

A modern administration is an administration that is open and transparent. Administration that has quality and timely communication with users of administrative services. It is an administration in which educated and competent civil servants work and are subject to a permanent grading and education system. The paper examines the classic model of public administration, the so-called Weberian public administration, the new public management, and the advantages and disadvantages of these systems. Four basic elements are crucial for the functioning of modern administration, namely: quality staff, retaining it in the service, further training, and especially the professionalization and depoliticisation of leadership positions. The rule of law cannot function without a good administration. Which system best suits a country depends on its specifics. It will rarely be a single system, but rather a combination of several systems. Advantages and disadvantages of individual systems will be briefly presented in the paper.

The COVID-19 Post-lockdown Italian Scenario from an Eco-Socio-Legal Perspective

Author(s): Fabio Ratto Trabucco / Language(s): English Issue: 25/2020

This paper offers an analysis of the possible COVID-19 post-lockdown effects on the powerful factors that constitute the Italian national interest. The interdisciplinary perspective, being at the base of this study, considers a scenario characterized by three factors: time, budgetary policy, and communication. Since the social post-lockdown crisis began, Italy has been facing a problem of social justice in terms of participation, which is absent for now, especially in the political framework. The policy proposals should take account of unpopular decisions, whereas from a legal and geopolitical perspective it is necessary to have a more defined foreign policy, a clearer Italian positioning concerning international alliances with national interest as a reference point.

MIGRATIA ILEGALĂ PE SEGMENTUL CENTRAL (TRANSNISTREAN) AL FRONTIEREI DE STAT A REPUBLICII MOLDOVA

Author(s): Anatoli Buzev,Svetlana Cebotari / Language(s): Romanian Issue: 1/2020

Currently, migration flows are the source of the increasing number of challenges and risks related to the regional and national security of states, especially on the European continent. A separated approach is also the case of the Republic of Moldova which has a portion of 453 km of border not controlled by the constitutional authorities. Illegal migration, as a component of cross-border crime, is often accompanied by human beings’ traffic , arms and drugs’ traffic. Illegal migration routes are constantly being reshaped, this is due to international and regional events, as well as a response to measures taken by transit states. This article aims to analyze the phenomenon of illegal migration from the perspective of border security and territorial integrity of the Republic of Moldova, as well as identifing some solutions in ensuring border security.

Актуални тенденции в законодателната уредба на висшето образование в България

Author(s): Andriyana Andreeva,Darina Dimitrova / Language(s): Bulgarian Issue: 1/2021

In the present article is made a normative analysis of the Bulgarian legislation in the sphere of higher education in the part of the recent legislative amendments. The reform in the in the area of higher education is a process, started directly after the democracy changes in the country, which encompasses several sub-stages. The authors focus towards examination of the actual amendments in the normative regulation and based on it point out the contemporary tendencies in this area. On the one side is examined the internal normative regulation, on the other side the Bulgarian higher schools are examined in the context of harmonization of the domestic law with the Law of the European Union. Based on the analysis are made conclusions and summaries, directed to the practical appliance and improvement of the legal regulation.

Правна регулация на футбола – забрани и ограничения

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 1/2020

In the article under discussion is the administrative regulation of sports organizations and professional football clubs in Bulgaria. It analyses the legal regulation of sports hooliganism. Also presented are the types of measures and administrative penalties imposed as a result of sports bullying.

Нужен ли е нов закон за футболното хулиганство?

Author(s): Ekaterina Mihaylova,Boris Mihaylov / Language(s): Bulgarian Issue: 1/2020

This article examines the term “football hooliganism” and its legal regulation. It analyses Bulgarian and European legislation on football hooliganism. It further discusses in details the 2018 amendments of the Protection of Public Order at Sports Events Act that employs new methods for tackling with this negative phenomenon.

Имат ли човешки права футболните хулигани?

Author(s): Deyana Marcheva / Language(s): Bulgarian Issue: 1/2020

Human rights are the “last utopia” of our time that achieved contemporary prominence on the ruins of the last political utopias of twentieth century. All the international projects after World War 2 aspire to achieve a just balance between the basic individual rights and public interest. The human rights protection mechanisms introduce exceptions and qualifications to most of the human rights to allow for their restrictions proportional to the legitimate aims of the states. This article explores the human rights of the football hooligans starting with an analysis clarifying the historical, cultural and sociological aspects of the term “football hooligan”. Afterwards a detailed review of the case law of the European court of human rights is offered to reveal the status of the so called football hooligans as people whose basic rights could be restricted by the states upon wide discretion of the national authorities.

Конституционни измерения на обществения интерес, охраняван при упражняването на изпълнителната дейност

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 1/2020

The public interest in carrying out enforcement activities in a constitutional sense is to provide guarantees for compliance with the fundamental principles. In order to exercise the fundamental rights of citizens in the performance of their enforcement activities, the common interest can be formulated by imposing restrictions on them.

INSTITUTIONAL TRUST IN THE CASE OF CROATIAN REGIONS

Author(s): Dubravka Jurlina Alibegović,Katarina Marošević / Language(s): English Issue: 3-4/2020

Institutions and institutional trust can be marked as important determinants of (regional) growth and development in contemporary literature. Aim of this paper is to analyse institutional trust in two Croatian counties and to compare those results with earlier theoretical findings. The methodology consists of in-depth interviews made by survey of counsellors or some of leading functions in two Croatian counties. The results are mostly in accordance with earlier theory findings of institutional trust for Croatian level, i.e. the highest level of institutional trust was related with traditional values, for instance in family, while in some institutions trust varied and had a gap in level of respondents trust, depending of their own experience, for instance in self-government and educational system. At very low level of institutional trust were for instance, political parties and Government. As singled out, some of the main obstacles in achieving high levels of institutional trust were corruption, inconsistency in decision-making and enforcement, noncompliance, slow and complicated procedures, non-transparency, politization. Trust in institutions according to the results, impacts reduction and regulation of uncertainty in the economy. These results could be very worth and a certain guide for policy makers and their future decision-making.

Ограничения на правото на свободно придвижване по време на извънредно положение заради пандемия, причинена от Sars-Cov-2

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 2/2020

The article analyzes the Bulgarian administrative legal framework on emergencies (state of emergency, crisis management and overcoming, emergency situation and emergency epidemic situation). It indicates the temporary restrictions of the right of free movement of the citizens provided in the legislation. The article discusses the competence of the central executive authorities, interdepartmental bodies and territorial authorities (regional governors and mayors) to deal with a pandemic. The article discusses also the legal basis and justifications for the introduction of the curfew by some of the regional governors and mayors during the state of emergency, caused by SARS-CoV-2 (COVID-19).

Защитата на личната неприкосновеност в условията на пандемията от Covid-19

Author(s): Denitza Toptchiyska / Language(s): Bulgarian Issue: 2/2020

During the pandemic of COVID-19 in April 2020 the Ministry of Health in Bulgaria began the administration of the Virusafe contact tracking application. With the Law on Emergency Measures and Actions, declared by a decision of the National Assembly of 13th March 2020 amendments to the Electronic Communications Act were adopted. The purpose of the legislative amendments was to provide access of the competent authorities to the localization data from the public electronic communication networks of the individuals, who have refused or do not fulfill the obligatory isolation or treatment under art. 61 of the Health Act. This publication aims to analyze the main features of mobile applications for tracking the contacts of infected persons, as well as the adopted legislative changes, comparing them with the standards of personal data protection provided in the EU General Data Protection Regulation 2016/679 and Directive 2002/58/EC on the right to privacy and electronic communications.

Семейноправни и вещноправни въпроси във връзка с обявеното в България извънредно положение (13.03.2020-13.05.2020)

Author(s): Tsvetalina Petkova / Language(s): Bulgarian Issue: 2/2020

The article analyzes some family law and property law questions, arising in connection with the declared state of emergency from 13.3.2020 to 13.5.2020 on the territory of the Republic of Bulgaria due to the epidemic of COVID-19. Answers are given to the following questions: can the court consider a divorce claim or an application for divorce by mutual consent during the state of emergency; whether it is possible to attain judicial protection in cases of domestic violence in the state of emergency and under what conditions; as well as whether the acquisitive prescription is suspended during that period of time.

Промени в правилата за държавните помощи в отговор на кризата в следствие разпространението на Covid-19

Author(s): Ginka Simeonova / Language(s): Bulgarian Issue: 2/2020

In these extraordinary times for the world’s economies, it is inevitable that Member States will support their economies in entire sectors and industries, including through public resources. However, this approach must be followed carefully, as such allocation of public resources in the form of state support is subject to strict state aid rules. The article examines the changes in the state aid regime that the economic consequences of the spread of COVID- 19 have imposed.

Някои въпроси по закона за извънредното положение

Author(s): Maria Dimitrova Chochova / Language(s): Bulgarian Issue: 2/2020

The article analyses two provisions of the Law on Measures and Actions in the State of Emergency, declared with the decision of the National Assembly of 13th March 2020, providing for suspension and extension of time periods provided in the legislation. The analysis is focused on examples based on the review of the labour legislation. The issue of suspended court proceedings on some labour disputes – until the end of the state of emergency – is also discussed.

Едно интересно правно-историческо съчинение за бейрутската правна школа и нейното място за продължаване на римскоправната традиция в късната Античост и през Средновековието

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 2/2020

The review is dedicated to a new and analytical legal and historical study of Dr. Piotr Sadowski, professor of Roman law at the University of Opole, Poland for the Beirut Law School, its teachers, students and its significant place as one of the three imperial law schools (along with Rome and Constantinople), approved by the Emperor Justinian, as well as its place for the continuation of Roman tradition in late Antiquity and the Middle Ages.

Krzysztofa Pałeckiego „normatywizacyjna teoria władzy”

Author(s): Jerzy J. Wiatr / Language(s): Polish Issue: 2/2020