CEEOL - Browse Subjects Result

We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.

Нормативни проблеми на развитието на академичния състав в България

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 8/2018

The article examines the historical development of legislation in the field of career development of the academic staff in Bulgaria. He points out the advantages and disadvantages of normative decisions from the beginning of the 19th centuryto the beginning of the 20th century. Criticizes the amendments to the Law on the Development of Academic Staff in the Republic of Bulgaria, promulgated in the State Gazette, N 30 of 3.4.2018, in force as of 4.5.2018.

More...

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.

More...

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.

More...

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.

More...

Минимална държавна помощ

Author(s): Ginka Simeonova / Language(s): Bulgarian Issue: 8/2018

De minimis aid is a particular type of state aid, for which, in view of its specificities, a different(special) regime has been introduced with regard to the administration of this type ofaid. De minimis rule — exemption of small aid amounts from notification (the ceiling set in theRegulation) is considered not to meet all the criteria in Article 107 (1) of the Treaty on the Functioning of the European Union and, in the end, does not lead to a distortion of competition. The‘ceiling’ set out in Regulation 1407/2013 is EUR 200 000 which may be granted to one undertakingfor each period of three fiscal years.

More...

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.

More...

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.

More...

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.

More...

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.

More...

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.

More...

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.

More...

Transitions Online_Around the Bloc-30 April

4.50 €

Preview

Transitions Online_Around the Bloc-30 April

Author(s): Ioana Caloianu / Language(s): English Issue: 05/04/2020

News from around the bloc: a key suspect in the MH17 case; Babis and the European Parliament; dry season in Russia; the Serbian church in Montenegro; and defamation in Mongolia.

More...

Urzędnicy przed sądem – ekstradycja nazistowskich zbrodniarzy z Niemiec i ich procesy w Polsce

Author(s): Markus Roth / Language(s): Polish Issue: 19/2023

Even during the war and the German occupation, laws to regulate the preservation of evidence were established in Central and Eastern European countries so that Nazi crimes committed there could be prosecuted in the long term. As part of the preparatory activities, evidence was systematically collected. After the war, a total of over 1,800 Nazi criminals were extradited to Poland to be brought to justice. Among them were many members of the German civilian administrative apparatus, including town and county governors, who bore considerable responsibility for German occupation policy at the lowest level of the administration. The article describes, based on representative examples, the process of administering punishment for their crimes and offenses. The beginning of this process was the systematic collection and securing of evidence. The next stage, i.e. the tracking down of the perpetrators in post-war Germany, their internment, and then the attempts to bring them to Poland. The reasons for the dismissal of extradition requests are discussed, as well as the reactions and concerns of the Nazi criminals. A larger number of typical examples made it possible to examine the judicial proceedings in Poland and answer further questions: under what general legal conditions did they take place? What were the difficulties in carrying out the trials? How did public opinion respond? The article concludes with a closer look at the fate of the tried Nazis after their release from prison.

More...

Michael Fleming: In the Shadow of the Holocaust. Poland, the United Nations War Crimes Commission, and the Search for Justice

Author(s): Klaus-Peter Friedrich / Language(s): German Issue: 3/2024

Review of: Michael Fleming: In the Shadow of the Holocaust. Poland, the United Nations War Crimes Commission, and the Search for Justice. Cambridge University Press. Cambridge u. a. 2022. VIII, 310 S. ISBN 978-1-009-09898-4. (£ 22,99.)

More...

РАЗМИСЛИ ЗА БИТИЕТО НА ПРАВОТО В ПАМЕТ НА МОЯ ПРЕКРАСЕН КОЛЕГА ТЕОДОР ПИПЕРКОВ

Author(s): Gabriel Gerez Kraemer / Language(s): Bulgarian Issue: 1/2024

Тhrough these lines the author, romanist and university professor, seeks to help understand what Law consists of. At the time, he seeks to pay tribute to his beloved bulgarian colleague Theodor Piperkov.

More...

ПРОЦЕСУАЛНО ЗНАЧЕНИЕ НА ВПИСВАНЕТО НА ИСКОВИТЕ МОЛБИ ПО ЧЛ. 114 ЗС

Author(s): Kameliya Tsolova / Language(s): Bulgarian Issue: 1/2024

In Art. 114, para. 2 of the Ownership Act and in Art. 226, para. 3 of the Code of Civil Procedure, the relationship between the recording of complaints, on the one hand, and two procedural institutes - that of proceedings on complaints, and that of the transfer of interest after pendency, is regulated. The article examines the contradictory views advocated in theory and in practice regarding the interpretation and application of these provisions, as well as the existence of a relationship between them.

More...

4.50 €

Preview

Invocarea secretului profesional în domeniul bancar. Solicitarea informațiilor de interes public. Obligația instituției publice de a răspunde în scris. Controlul asupra modului de formare, de administrare și de întrebuințare a resurselor financiare..

Author(s): Not Specified Author / Language(s): Romanian Issue: 1/2024

Cercetând natura informațiilor protejate prin secretul profesional în domeniul bancar nu rezultă, de plano, că intră în conținutul secretului bancar și modul în care Eximbank a respectat legea în ceea ce privește constituirea, administrarea și utilizarea fondurilor publice, însă o asemenea verificare nu poate fi efectuată în prezentul recurs, în lipsa unor apărări relevante și concrete ale intimatei-pârâte sub aspectul conținutului raportului de control și al anexelor acestuia, urmând ca în etapa executării obligației de comunicare a informațiilor de interes public solicitate, intimata-pârâtă să efectueze verificările prevăzute de art. 22 alin. (1) din H.G. nr. 123/2002 și să comunice, potrivit art. 22 alin.21 din H.G. nr. 123/2002, informațiile de interes public ce fac obiectul cererii nr. (...)/20.01.2022, după anonimizarea informațiilor exceptate, prevăzute la art. 12 din Legea nr. 544/2001, și a informațiilor protejate de secretul profesional în domeniul bancar potrivit art. 111 din O.U.G. nr. 99/2006.

More...

Научно-образователен преглед на ускорения арбитраж в контекста на съвременните практики

4.50 €

Preview

Научно-образователен преглед на ускорения арбитраж в контекста на съвременните практики

Author(s): Emine Ilyaz / Language(s): Bulgarian Issue: 4s/2024

The length of trials before a national court and their high costs are two of the main reasons for the emergence of arbitration. Arbitration facilitates shorter and cheaper trials and enables the trial to be conducted by experts according to the will of the parties involved. This is why arbitration is extremely important in settling commercial disputes that can last for a long time. However, over time, due to the growing interest in arbitration and the nature of the disputes brought before arbitration, the processes began to take longer with high costs. To overcome this difficulty, the concept of fast-track arbitration with simplified procedures and fast conduct of the process emerged. This study will present a legal analysis of fast-track arbitration, advantages and disadvantages of expedited arbitration, will emphasize the distinctive properties of expedited arbitration, taking into account provisions in comparative law. Here, the perspective and general principles of expedited arbitration regulated by arbitral institutions in Europe, America and Asia will be explained in detail. Finally, the relationship between the general principles of arbitration and the suitability of fast track arbitration to those principles will be assessed.

More...

FOREWORD

Author(s): / Language(s): English Issue: 2/2021

The journal is structured into sections that reflect actual problems of different legal domains, as follows: International Law, Public Law, Private Law and Criminal Sciences. 10 The magazine continues to promote the innovative element implemented in the previous issues — the aforementioned sections include the research of post-graduate students, the criterion being the finalization of the doctoral studies and completion of thesis, including the beginning of the procedure of its defense.

More...

FOREWORD

Author(s): / Language(s): English Issue: 2/2023

More...