Правни форми за осъществяване на публично-частно партньорство

Author(s): Ekaterina Mateeva / Language(s): Bulgarian Issue: 3/2008

During the last decade the Public-Private Partnership (PPP) phenomenon developed in many fields falling within the scope of the public sector. Various factors explain the increased recourse to PPPs. In view of the budget constraints confronting states and municipalities, this form of partnership meets a need of private funding for the public sector. Another possible explanation is the desire to benefit more in public life from the know-how and working methods of the private sector. The development of the PPP is also part of the more general change in the role of the state in the economy, moving from a role of direct operator to one of organiser, regulator and controller. At European level, it was recognised that recourse to PPPs could help to put in place trans-European transport networks which had fallen very much behind schedule, mainly due to a lack of funding. The public authorities of Bulgaria often have recourse to PPP arrangements to undertake infrastructure projects, precisely in sectors such as transport, public health, education and national security. Taking into consideration the harmonised Bulgarian law on public contracts and concessions, as well as the legislation on the public-private joint ventures under the Commercial Code (1991), the State Ownership Act (1996), the Local Self-Government and Local Administration Act (1991), etc., the present article investigates the legal forms of PPPs of a purely contractual nature, in which the partnership between the public and the private sector is based solely on contractual links. The article also examines PPPs of an institutional nature, involving cooperation between the public and the private sector within a distinct entity (joint venture). This distinction is based on the observation that the diversity of PPP practices encountered in Bulgaria and other Member States of the European Union can be traced following two major models. Each of these raise specific questions regarding the application of Bulgarian law on public contracts and concessions.

Преподаването и изучаването на информационно право

Author(s): Vihar Kiskinov / Language(s): Bulgarian Issue: 2/2008

Предмет на оспорване в административния процес

Author(s): Zoya Milcheva / Language(s): Bulgarian Issue: 6/2007

Предметът на Закона за електронното управление

Author(s): Vihar Kiskinov / Language(s): Bulgarian Issue: 5/2007

The article analyses the subject of the Law as regulating the provision of administrative services by electronic means and the exchange of electronic documents between administrative bodies. The Law covers not only the internal organisational procedures, but the external ones as well. As a result of the analysis a conclusion is drawn that the Electronic Governance Act does not reach the present standards of regulation that foreign laws on the same subject provide. It does not define the methods of electronic proceedings creation. Administrative acts issued via electronic administrative proceedings would be contested on grounds of breach of the proceedings rules. The general structure of the Law is influenced by the Directive on Electronic Commerce. The Law is not systematically designed and does not produce a systematic effect. Therefore, new methods are needed for settling law-making in a virtual reality. These methods are theoretically developed by the Bulgarian legal science as proposals de lege ferenda.

Към понятието за публично-частно партньорство

Author(s): Deyana Marcheva / Language(s): Bulgarian Issue: 5/2007

Арбитраж при административноправни спорове

Author(s): Maria Slavova,Matey Marev / Language(s): Bulgarian Issue: 4/2007

Служебното начало в административния процес

Author(s): Svetla Yankulova / Language(s): Bulgarian Issue: 3/2007

Ugoda wodnoprawna jako szczególna konsensualna forma działania administracji

Author(s): Przemysław Niemczuk / Language(s): Polish Issue: 2/2020

The subject of this article is water law settlement as a special consensual form of administration activity. The thesis setting the direction of consideration is the assumption that the water law settlement is different from the administrative settlement; that these are two different legal forms of administrative activity showing their specificity, based on other provisions, both procedural and substantive. Water law settlement referred to in art. 235 of the Water Law, is of a different nature than the administrative settlement regulated in chapter 8 of the Code of Administrative Procedure. First of all, unlike the administrative settlement, it is an independent legal form. The proceedings initiated pursuant to art. 235 of the Water Law is aimed at concluding a water law settlement. Therefore, this settlement is not an alternative form of settling the case, but is the purpose of the proceedings. The issues of water law settlement are on the margins of interest in legal science. What's more, despite the fact that the water law settlement has existed for almost twenty years, the practice of its application is negligible. It seems that this is the effect of a small degree of knowledge of this legal form.

Administracyjnoprawny charakter nadania statusu miasta na wniosek gminy

Author(s): Wojciech Wytrążek / Language(s): Polish Issue: 2/2020

The creation, merging and erasing of municipalities and poviats is the responsibility of the Council of Ministers, which makes these changes by way of a regulation. It is not clear from the regulations what should distinguish a rural from an urban commune. The city should have social and technical infrastructure as well as urban layout and nature of buildings. In the Act on commune self-government, settlement and spatial boundaries, taking into account social, economic and cultural ties as well as ensuring the ability to perform public tasks, were indicated as criteria for changes and establishing the boundaries of communes. The lack of a legal definition of municipal rights and specific conditions to be met by a town or commune seeking to obtain the status of a city seem to be in conflict with the principle of legal certainty, which is also influenced by the wide scope of administrative discretion. Obtaining the status of a city satisfies the ambitions of the inhabitants and gives the town a kind of prestige, mainly associated with promotional and marketing values. The status of the city is granted by way of a regulation of the Council of Ministers, which has a specific character - it does not establish general and abstract norms, but resolves the individual case of a commune or town.

Glosa do wyroku Naczelnego Sądu Administracyjnego z dnia 17 kwietnia 2018 r., sygn. akt II OSK 1410/16

Author(s): Sławomir Zwolak / Language(s): Polish Issue: 2/2020

The gloss refers the judgment of 17 April 2018, II OSK 1410/16, in which the Supreme Administrative Court took the position that the right of the commune to determine the purpose of the area and the manner of its development cannot be abused. When exercising planning authority, the commune should always bear in mind that the restrictions on the right to property must be necessary due to the values that are more valued, e.g. the need for public interest. The Supreme Administrative Court found that determining the course of internal roads in the local spatial development plan should be preceded by a very thorough analysis of the factual and legal status in order to limit the planning of this type of road on private land to the necessary minimum.

Enforcement of Custodial Sentence in the Light of Who Guidelines During the Covid-19 Pandemic in Poland on the Example of the Correctional Facility in Chełm

Author(s): Jerzy Nikołajew / Language(s): English Issue: 3/2020

During the Covid-19 pandemic, most of the rights of prisoners were clearly limited. These restrictions temporarily affected, among others, visits, out-of-prison employment, prison furloughs and access to religious services. The introduced restrictions significantly increased dissatisfaction among prisoners, which manifested in prison riots in Poland (e.g. in Chełm) and abroad. It should be noted, however, that the full exercise of all the rights and freedoms of prisoners in the conditions of pandemic is not possible, even if compliance with the WHO guidelines set out in the document of 15 March 2020 is ensured. These guidance has been followed rightfully in practice by most Polish prisons and pre-trial detention centres and there have been no reports of serious coronavirus disease outbreaks.

Development of the Polish Legal Regulations on Homeless Animals

Author(s): Emil Kruk / Language(s): English Issue: 4/2020

The main aim of the article is to discuss the development of Polish legal regulations on homeless animals. The research demonstrated that the problem of the protection of homeless animals had been marginalized by the Polish legislature for decades. This contributed significantly to the overpopulation of domestic animals and a significant increase in the number of homeless animals. The regulations currently in force fail to solve this problem as they focus more on remedying the effects of homelessness of animals than on preventing this problem.

Organizacja skutecznej w działaniu instytucji publicznej na przykładzie działania Rzecznika Praw Dziecka

Author(s): Patrycja Sołtysiak / Language(s): Polish Issue: 4/2020

Principles and guidelines for efficient organization of operation constitute a set of directives and recommendations proposed by science, the conscious application of which – purposeful application significantly facilitates and accelerates operation and allows for achieving better results. The problem of protecting the rights of individual social groups exists throughout the world. Poland, like most other countries in the world, has ombudsman or quasi-ombudsman bodies in the form of various institutionalized ombudsmen who should be effective. It is important to have efficient, effective functioning in the internal law of the entity exercising appropriate control over whether the rights of individual social groups – human rights are properly exercised, secured and protected. Such entities include the ombudsman, whose counterpart is RPD. The subject of the Ombudsman’s control is checking both actions and omissions, i.e. the inaction of other legal entities. The legal form of RPD is also broadly understood cooperation with the administrative apparatus.

Prawne podstawy funkcjonowania systemu zarządzania Compliance w sektorze publicznym

Author(s): Marcin Szewczak / Language(s): Polish Issue: 4/2020

The presented article was devoted to the issue of functioning of the compliance management system in the public sector. Substantive considerations include a legal analysis of the provisions concerning the implementation of the Compliance system at European Union level and also in the Polish legal system. In both cases, the procedures for reporting infringements are a key element in the functioning of the Compliance Management System. Introduction of new legal solutions to the Polish legal system is intended to improve the functioning of the public sector in our country. The article presents not only the proposed legal solutions, but also the concept of a Compliance Management System, with an indication of solutions in force in other legal cultures.

Особености на субективната страна на данъчните нарушения

Author(s): Hristo Hristozov / Language(s): Bulgarian Issue: 4/2006

Административнонаказателна отговорност по Закона за защита на конкуренцията

Author(s): Georgi Krusharski / Language(s): Bulgarian Issue: 2/2006

Правна уредба на прихващането на далекосъобщения

Author(s): Andrey Mihaylov / Language(s): Bulgarian Issue: 5/2005

Правна характеристика на решенията на възложителите на обществени поръчки и проблеми при тяхното оспорване пред съда

Author(s): Milana Krivachka / Language(s): Bulgarian Issue: 3/2005

Административен контрол върху телевизионната програма

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 5/2003

There are two types of control over the content of the TV program: public and state control. The public control can be collective (under the Radio and Television Act) and individual (under the Law on Access to Public Information). The state control over the TV program includes the following subtypes of control — administrative, judicial and constitutional. The administrative control is an activity carried out by a state authority. The administrative control represents an instrument for supervision of the principle of legal compliance. The authorities performing this type of control stay outside the hierarchical structure of the supervised body. The administrative control is carried out by a regulatory body (Council of Electronic Media). The representatives of the regulatory body are competent to require materials and carry out inspections of the TV operators. They are also empowered to give mandatory instructions, revoke or terminate licenses or impose sanctions.

Принципът за пропорционалност и дейността на медийния надзорен орган

Author(s): Bissera Zankova / Language(s): Bulgarian Issue: 5/2003