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This article deals with state liability for damages arising from application of three groups of illegal enactments: uncostitutional laws; laws, incompatible with international law and unlawfull administrative normative acts.The state is liable for damages which are in direct causal link with enactment in all the cases of unlawful administrative enactments and in some cases of laws, contraven- ing international law provisions. In all the other cases only the damages arising from acts issued on the basis of the illegal enactment can be repaired; these are the damages from administrative acts and from judgements, issued on the basis of the enactment. The reparation is possible after the repealing or declaring null and void of the acts issued on the basis of the illegal enactment. The judgements on the illegality of the enactments have two major effects serving as grounds for such repealing or declaring null and void. The first legal effect consists in the establishing of the illegality with res judicata. The second one consists in the enactment's cessation to apply ex nunc. After repealing or declaring null and void of the acts issued on the basis of the illegal enactment, the in- jured party may claim reparation according to State Liability Act for Damage Inflicted on Citizens.
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Civil Service has been in the past continuously neglected by the domestic legal order and almost brought to unification with the Labour Code regime. In the context of transition a new legislation on civil service and it's principles was adopted. The content of the proclaimed principles and their interpretation, embodied in the Law on the Civil Servants could not be accepted as a proper reflection of the institution and it's perspective in Bulgaria now. With regard to the process of harmonisation of Bulgarian legislation with the European Union legislation, the civil service has to abide by the catalogue of the principles of Community law such as the principle of publicity, principle of transparency, and the principle of continuity. In the desired perspective, within the framework of Acquis communautaire the principles of non-discrimination, proportionality, protection of le gitimate expectations, courtesy, absence of abuse of power, impartiality, independence and objectivity might be considered by the legislation and the legal theory.
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The international exchange of goods and the import and export of goods from and on the territory of the Republic of Bulgaria in particular puts forward a number of issues related to the occurrence of an import customs obligation. It is of significant importance is to clarify when this particular obligation occurs; who is the person who bears the obligation; for what duty and charges are paid with equal effect; where is the place where this obligation occurs. These issues are the topic for the present study.
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The grave situation in the field of road traffic safety determines the firm intervention of the state in order to prevent and combat effectively, in particular, the acts of drunk driving, which has been confirmed to be one of the main causes of road accidents. In this context, the state established the responsibility for this type of deviant behavior, incriminating the facts of driving the vehicle in a state of alcohol drunkenness with a minimum degree, handing it over a person who is in a state of alcohol drunkenness, at art. 233 the Contravention Code of the Republic of Moldova. A profound analysis of the structure and content of article 233 of the Contravention Code allowed us to form the opinion that the author of the norm was badly inspired, admitted several errors and technical-legislative deficiencies, and neglected the basic requirements that must meet the normative acts, which determined a misinterpretation and misapplication of that rule.
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Questions relevant to the improvement of the legal settlement of the customs fraud are submitted for theoretical discussion in the article. The considered structure of the customs violation was initiated in the Bulgarian customs legislation in 1999 along with the new Customs Act, as in 2000 some considerable changes of the original text were made. Up to now the disposition of Art. 234 is combination of generally used and juridically defined terms, some of which are defined in other legal acts. On this basis the author accepts that the disposition of Art. 234 is combination of referring (to other Sections of the Customs Act) and blanket (directing to other legal acts) regulations. This legislative decision is criticized in the article and there is pointed out that the referring does not specify what those ,other legal acts" may be. There are also no directions for the authority competent for the publishing of the relevant act. The author develops further the adopted in the Bulgarian legal system two-stage administrative penalty regulations (first stage - Art. 6 of the general Administrative Penalty Act, second stage - the particular regulation of the relevant act), as he points out that there is also possibility for existing of third stage which should be consistent in other legal act different from the previous two but part of the content of the administrative penalty structure. This legislative solution is necessary because of the peculiarities of the structure of the customs fraud which technically by no means can be written in Art. 234 of the Customs Act. As this situation suggests certain freedom for the authorities creating regulations and enforcing the law and certain possibility for breaking of the principle of law permanence of the penalty, the author suggests that the criterion for violation unlawfulness should be determined only in the Customs Act. In conclusion some suggestions de lege ferenda for modification of Art. 234 of the Customs Act are made.
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The author s point of view is based on the irrefutable thesis that the ecological problems of modern society need flexible state ecological policy. He considers Bulgarian legal regulation devoted to the very problem by analyzing it and defining the basic principles of the ecological policy of the Republic of Bulgaria. In conclusion some important inferences and recommendations are made concerning the approximation of Bulgarian law in the field of ecology to European law.
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The article deals with the concepts of „functions" and „competence" in accordance with the theory and legislature. The interrelation between the two is shown. Competence is realized through juridical acts, which are passed by the state governing bodies. Examples of legislature where the functions, competence and acts are found are given.
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With the amendment to the Customs Law of 1.8.2000 a new unit III in Chapter twenty-six was created – Payment of Customs Duties under the title “Decrees on Forced Public State Collections Issued by Customs Authorities”. This article deals with peculiarities in issuing and appeal under administrative order of decrees on forced public state collections due to the fact that in some hypotheses the legislator doubles the administrative channel for determining of customs duties. That can lead to delay in proceedings when duties on import and export which are due are determined by a decision of the customs authority and due to repudiation in the fixed legal term a decree is issued for their forced collection. Both acts are liable to independent appeal through administrative and court channels under different procedure, which can lead to enacting of mutually conflicting decisions. This flaw de lege ferenda should be surmounted.
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In the article are discussed the questions about the object of the customs violations. The object of the customs violations is the public relations that they affect. At the moment the Administrative Violations and Penalty Act and the Customs Act indicate that the object of the customs violations is only the established state order for transportation of goods though the customs border. The author criticizes that suggestion and points out that the customs violations do not affect only the established order for transportation of goods but they also affect very fundamentally the economic relations in the Republic of Bulgaria. In the article the author indicates that the legislator does not take the necessary measures to protect with juridical means the economic relations affected by the customs violations and gives a suggestion de lege ferenda for improvement of the Administrative Violations and Penalty Act and the Customs Act. As an argument the author points out the opinion of other Bulgarian and foreign authors and makes a comparison with the Competition Protection Act that protects only the economic public relations in the country.
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One of the major problems, which the new Law on the Civil Servant solves is the clearing up of the concept ,civil servant". Detailed analysis has been made of the definition which the law determines in this aspect in the article. There have been outlined its major characterzations and some of its imperfections. Several suggestions also have been made of its improvement.
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These actions can be united in three groups: 1. Actions ,before" the imposition of the punishments; 2. Actions on the imposition of the punishment, and actions ,after the imposition".The actions ,before" the imposition of the punishment (the issue of the punitive decree) come down basically to the verification of two things: whether the composed act of infrigement is lawful and well-founded, i. e. whether there are sufficient evidence.The actions ,on" the imposition of the punishment come down basically to the passing of the judgment from the punitive body, which in its first and the most logic version means the imposition of administrative punishment to the infringer and not seldom the assessment of the compensation for the casual damages because of the administrative punitive correspondence.The action ,after" the imposition of the punishment come down to service of the punitive decree on the infringer, which means that the punitive phase is considered to be finished.
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In the article is discussed the necessary of existence of several common laws of ad- ministrative procedure regulating issuance of individual administrative acts and appeal against them. The author's opinion is, that the procedure for rendering the services and appeal against them under the Law on Administrative-Legal Services of natural and legal entity should be incorporated with the Law on Administrative Procedure. Their joinder will be in compliance with community of the objective requirements and contribute to the unconradicted resolving of the cases.
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Re-opening of tax procedure means to put a question again that was judged in an already completed procedure with a tax statement drawn up and is not appealable. In this respect the re-opening is an overcoming the formal legal force of the tax statements. The article treats the established procedure of re-opening under Art. 115 and 116 of the Tax Procedure Code. A comparison with similar procedures is made with a critical evaluation of some of the existing normative judgements. Some suggestions are made for improving the legislation in this field.
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