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Нов поглед върху оперативната самостоятелност в административната дейност

Author(s): Emilia Kandeva / Language(s): Bulgarian Publication Year: 0

The increasing complexity of the social environment and the rapidity of change in modern society require the functioning of administrative mechanisms that are able to respond to specific needs and circumstances and to align public policy with them. In this context, it is more than relevant to review and reassess the role of operational autonomy in the decisions and actions of the public administration. In a changing social, economic and political environment, administrative discretion is a powerful tool for striking a reasonable balance between too much and too little normative regulation of administrative activity by law, a reasonable balance between strict legal regulations and administrative decisions.

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Предизвикателства пред правната ни система

Author(s): Darina Zinovieva / Language(s): Bulgarian Publication Year: 0

The questions of the stability and dynamics of the legal system are both traditional and at the same time topical issues in law. This is because stability is achieved by adapting the legal system in relation to the reality. Thus, stability and dynamics are seemingly contradictory concepts, but in the legal system they are interrelated. The two concepts are also related to the rights of individuals on the one hand, and to law, on the other. In this article, selected issues reflecting the problem of the balance of rights in the current legal system are presented for discussion. For this purpose, practical hypotheses illustrating the issues arising from the current legislation in our country are presented. Arguments and counter-arguments are given in order to provoke a scientific-practical discussion. Since the topics are both traditional-fundamental and current at the moment, due to their concrete manifestation, their solution should not be expected in this study. But the academic discussion already opened here is also to some extent a response to the challenges facing our legal system.

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Особеният характер на административния орган като ответник по административни дела

Author(s): Boyan Todorov Georgiev / Language(s): Bulgarian Publication Year: 0

The institute of the defendant in cases for contestation of administrative acts is one of the convincing arguments for the objective nature of the proceedings to contest them. The question whether the administrative authority as a party to the administrative proceedings is a typical defendant, as it is known from civil proceedings, comes to the fore. The administrative authorities, as parties to the legal proceedings, may not enjoy any privilege over the other parties, nor may they perform acts which would prejudice the position of those parties. However, the special position of the administrative authority as a defendant in administrative proceedings can be explained by the specific role of administrative justice called to protect the public interest from legitimate government, which distinguishes it and from civil procedure.

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Особености на административно-наказателните производства

Author(s): Teodora Georgieva / Language(s): Bulgarian Publication Year: 0

Administrative penal proceedings should be understood on the one hand as proceedings for the establishment of an administrative violation and sanction and, on the other hand, administrative penal proceedings before a court. Administrative penal proceedings shall be initiated ex officio by persons who are hierarchically dependent on the administrative sanctioning authority and who exercise a function of control of a legally defined activity by virtue of the law or by authority of a superior. The procedure for drawing up a statement of establishment of the administrative violation and the persons who may draw up such statement are regulated by the Administrative Violations and Sanctions Act. In the long term, it would be necessary to distinguish legislatively the administrative violations that are ascertained and sanctioned by the authorities of the Ministry of Internal Affairs from the "pure" administrative violations that are ascertained by an administrative act and appealed to an administrative court.

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Административноправна природа на актове за спортни федерации

Author(s): Boris Kolev / Language(s): Bulgarian Publication Year: 0

The case law on the administrative nature of decisions of sports federations is contradictory. In certain cases the courts confirm this character, in others they deny it and terminate the proceedings already initiated on this ground. It should be noted that the decisions of sports federations, by which the latter carry out sports justice and sports arbitration, are categorically not recognised as Individual Administrative Acts (IAA), according to a number of recent decisions of the administrative courts. On the other hand, new case-law has recognised IAA by which sports federations exercise the power to sanction athletes and officials who have admitted the use of doping substances and the power to grant, suspend and revoke athletes' competition rights. Some court decisions are examined, like the Supreme Administrative Court decisions of 24.07.2000, concluding that a decision of a sports federation is an IAA.

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Някои проблеми при оспорване на нормативни административни актове

Author(s): Georgi Nedev / Language(s): Bulgarian Publication Year: 0

Rapidly evolving and changing social relations make impossible for the legislature to cover all rules of conduct in detail. Hence the need and the natural assignment of rule-making functions to administrative authorities concerning prescriptions for conduct, by specifying, developing and interpreting legal norms. The consequence of this activity of administration is the issuance of the relevant statutory administrative acts. With the Code of Administrative Procedure (CAP), the legislator for the first time provides a legal definition of the term 'statutory administrative act'. The right to contest is a possibility recognised and guaranteed by law for its holder to request and in the obligation of the court to initiate, to move ex officio and to conclude with a decision, according to the actual legal situation, the dispute on the existence of the legal consequences of the contested administrative act and/or the right to their annulment.

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Спецификата на административно-правния спор - спор само относно законосъобразност

Author(s): Boyan Todorov Georgiev / Language(s): Bulgarian Publication Year: 0

The specificity of the administrative proceedings as "a dispute concerning the legality only." It is not necessary to be a person who has affected the unlawful act, private substantive law to be able to bring an action against the vicious normative act. This is because the subject of the case is not the protection of private substantive law and objective compliance the law of legal act, which acts on an unlimited number of recipients. Therefore, as an objective justice will be accepted when the dispute over the legality of the act is raised by a public authority against another public authority (for example the cases of art. LSGLAA 45). In proceedings of contestation of the normative administrative acts the sides don’t associate and prove the validity of the facts relevant to the reality which has an attitude to the offence of the law to be settled that the action of the administrative bodies contradict to the law.

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Unele considerații privind influența calității reglementării actelor administrației publice asupra statului de drept din România într-o societate aflată permanent în tranziție

Author(s): Valentin Stelian Bădescu / Language(s): Romanian Publication Year: 0

With the development of technology and the complexity of legal relationships, the amount of regulations has reached impressive dimensions. Thus, the authors of the primary and secondary normative acts, being pressured by the speed with which the changes appeared, first of all proposed that the law provide for the rights, freedoms and obligations of the subjects of law and neglected the aspects related to its quality (accessibility, clarity, predictability, simplification). The quality of regulation is of interest for the observance of the rule of law - which is based on the principle of legality, the principle of legal security, the principle of equality before the law and non-discrimination and other fundamental principles. In order to be respected the rigors of the village of law, the regulations, which constitute a universe of imperative rules or provisions, must present certain quality conditions in such a way as to offer the effective possibility to those to whom they are addressed to know, retain, understand and respect the provisions which they contain whereas the public administration has a decisive role in harmonizing relations in society.

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Demarhia sau despre încercarea de îmblânzire a hazardului: între trecut și viitor

Author(s): Cosmin Țugui / Language(s): Romanian Publication Year: 0

Democracies go through a continuous process of successive transformations, which requires a special capacity of adaptation on the part of the citizens, but also of those in charge of the state. The essence of a functional democracy lies in the permanent collaboration between the state and society, based on responsibility, trust and mutual support. Citizens feel systematically excluded from the decision-making process, as democratic practices tend to become more and more formal and the legislative process more and more rigid. That is why the state must encourage civic engagement in all its forms, by developing some normative framework conditions intended to encourage the individual desire of the citizen to get involved. Participatory democracy can be combined with demarchy, representing the drawing of lots of a group of citizens invested with decision-making power on matters of major interest. In an age dominated by the optimism of rational planning, random democratic procedures can help strengthen the legitimacy of representative institutions and rebuild citizens' trust in the political class.

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Evoluția conceptului de serviciu public de la accepțiunea funcțională la accepțiunea structurală

Author(s): Mihai-Ciprian Bobocică / Language(s): Romanian Publication Year: 0

The article aims to bring up to date the issue of the succinct definition of the concept of public service in Romanian law by reference to European Union law. The adoption of the Administrative Code in 2019 is well known and salutary, but still the legal norm, in our opinion, needs major improvements in terms of creating a definition of the concept of public service that covers both meanings. Through the legal definition of the concept of public service, the Administrative Code refers only to the functional meaning, that of activity of the concept of public service. The structural acceptance of this concept, which considers the support structure through which the activity is provided to the local community, is omitted from the newly created normative framework. A modern administrative Code, as the newly adopted legal norm wants to be, must include an up-to-date definition of the concept of public service. This concept currently requires a double vision, both from the perspective of European Union law and from the perspective of the diversification of public services provided by the state within local communities. Although, in the Treaty on the functioning of the European Union there is no definition of the concept of public service, it talks about services of general economic interest and non-economic services of general interest. The study aims to demonstrate that, in the Administrative Code, the concept of public service should be defined both from the perspective of the functional understanding and from the perspective of the structural understanding of this concept. This double vision of the concept of public service is consistent with the evolution of the concept viewed by reference both to the last category of services mentioned in the treaty, that relating to services of a non-economic nature of general interest, but also to the public broadcasting service, addressed in the document, as well as the notion of public service taken over and used in the Romanian Constitution.

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Съвременни тенденции в производството по издаване на нормативни административни актове

Author(s): Anton Krastev / Language(s): Bulgarian Publication Year: 0

The report reviews the contemporary trends in the development of the ad-ministrative rulemaking procedure, namely trends related to the democratization of the said procedure. Different forms of participation of individuals and their organizations, such as participation of individuals in public consultations, rulemaking initiative of individuals, proposals via public initiative and participation of individuals in workgroups and advisory boards have been reviewed. Emphasis is put on the possibility to vest rulemaking authority in organizations which are not state authorities and the option to implement negotiated rulemaking. On the basis of the analysis of the aforestated contemporary trends in the development of the administrative rulemaking procedure, suggestions for improvement of the administrative rulemaking procedure have been discussed along with the potential implementation of new rulemaking forms, which shall warrant the active participation of individuals and their organizations in the administrative rulemaking procedure.

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Съдебен контрол върху нищожни индивидуални административни актове с оглед безсрочността на оспорването им. Анализ на съдебната практика

Author(s): Spas Spasov / Language(s): Bulgarian Publication Year: 0

The statement examines the procedural aspects of appealing against individual administrative acts with a view to their nullity.

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Усложнения в производството по налагане на административното наказание "безвъзмезден труд в полза на обществото"

Author(s): Monica Angelova / Language(s): Bulgarian Publication Year: 0

The report analyses part of the new legislation of the administrative penalty "unpaid work to the benefit of the community". Mentioned are some possible complications on the matters of jurisdiction and deadlines for to adjudicate that could occur in the proceeding for imposing this administrative penalty. Made are several suggestions de lege ferenda for perfecting the effective normative regulations.

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Особености на споразумението в Административното право

Author(s): Rositsa Toneva,Plamena Yancheva / Language(s): Bulgarian Publication Year: 0

The agreement under the Administrative Procedure Code, in the various cases in which it exists, is a special type of legal construction, in which there is a combination of different elements – parties, coordination of wills, rules of conclusion, legal consequences, legal details, etc. The agreement is seen as a coordination of wills, which even though is typical for the private law, it also manifests itself in the public law, especially where the regulation of public relations requires enhanced protection of the rights and interests of citizens and their organizations. The agreement is a relatively new structure that finds its place alongside administrative contracts, public-private partnerships and mediation.

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Анализ на правото на възложителите на обществени поръчки да отменят и изменят свои решения от позиция на административноправната теория

Author(s): Ilonka Goranova / Language(s): Bulgarian Publication Year: 0

Within the framework of public procurement procedures, contracting authorities/entities issue various decisions, defined by the legislator as individual administrative acts. The Public Procurement Act provides for the possibility for the author of an administrative act to revoke or amend it until its entry into force. There are hypotheses in which this could happen after the entry into force of the act. The decision revoking or amending the respective act is also considered an individual administrative act by the legislator. As a rule, all these acts are subject of a review for legality before the Commission for Protection of Competition.

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За новия ред при провеждане на конкурсите за избор на управителите и членовете на колективни органи на управление на лечебните заведения

Author(s): Rositsa Roumenova Rogova / Language(s): Bulgarian Publication Year: 0

Responsibility for increasing efficiency, for the introduction of modern technologies and practices in hospitals and for ensuring the quality of hospital care should be borne by the managers or members of collective management bodies of medical institutions. They should be called upon to apply in practice and in a real working environment the measures set out in the strategy papers. They are direct executors of the health policy, by using the organizational, professional and managerial methods chosen by them. However, a reasonable question arises whether these leaders can be at the level of ambition of the draft health strategy, respectively the planned health policy and whether they share the desire for change to be made in the next decade according to the draft National Health Strategy 2021-2030.

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Сравнение между специалния режим за облагане на доходи на чуждестранни физически лица от източник в страната съгласно ЗДДФЛ от други преки данъци

Author(s): Todor Todorov / Language(s): Bulgarian Publication Year: 0

Bulgarian withholding tax for payments to nonresident aliens, also known as „tax deduction at source“, refers to the tax withheld and paid to the state, when a nonresident individual derives an income or realizes capital gain from source in Bulgaria. This report concern the withholding tax regime that requires withholding on a payment of Bulgarian source income and examines the main legal aspects and differences between the existing regime under the Bulgarian Personal Income Tax Act and other direct taxes in our country.

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Поглед към способите за установяване на данъчни задължения и задължителни осигурителни вноски установени в ДОПК

Author(s): Nina Chilova / Language(s): Bulgarian Publication Year: 0

The methods for ascertainment of the tax obligations and the obligations for compulsory social-insurance contributions in TSIPC are basically two: ascertainment of these obligations by submitting tax returns from the tax obligated subjects and conducting tax audit. Each of these methods has its specificities, but along with the differences they have a number of similarities, both in terms of the competence of the revenue authorities and in terms of the legal consequences from the acts concluding these proceedings.

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Относно предстоящи законодателни промени във връзка с основанията за изменение на договор за обществена поръчка

Author(s): Ilonka Goranova / Language(s): Bulgarian Publication Year: 0

The report deals with the analysis of the draft Law on Amendments and Supplements to the Law on Public Procurement submitted in May 2022 by a group of MPs. The proposed amendments concern price indexation under public procurement contracts based on a special methodology defined by the Council of Ministers and contained in an appendix to the rules for the implementation of the law.

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Относно някои дискусионни въпроси, свързани с Договора за обществена поръчка

Author(s): Sneja Ivanova / Language(s): Bulgarian Publication Year: 0

Object of research in this report are the main features of the public procurement contract. The regulation on the contract is in Public Procurement Act (PPA) and its by-law acts as for the unsettled cases the Commercial Act and Obligations and Contracts Act shall apply. The report begins with overview of the definition of public procurement contract and discussion analysis that arise after its interpretation. It is concluded that under public procurement contracts should be understood only as concluded after a public procurement under the PPA and not those after direct award. The report continues with a review of the different views about its nature and its distinction from other similar legal figures.

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