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The report presents some problems оf the protection of immovable cultural heritage in Bulgaria. The solution of this problems will help for both saving the physical authenticity of the immovable cultural properties but also for а sustainable urban development and a new opportunity for the development of cultural tourism.
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Constituting the Cadaster, a unified system of data on real properties and information about holders of possession rights to the real properties implies that the data from land registries will no longer be public. Law on Survey and Cadaster of Republika Srpska left the administration in charge of constituting the cadaster, providing for court jurisdiction only in the case a party actively denies a right inscribed into the cadaster. Other than leaving the administration in charge of the cadaster, this law has limited judicial decision-making regarding property rights thus leaving room for manipulation notably concerning property rights of returnees, refugees, and displaced persons. Principles of constitutive effect and public trust, valid through the previous system, have been breached despite being included in the new legal framework by the administration through the Rulebook on the manner of establishing and maintaining the real estate cadaster of Republika Srpska. Establishing cadaster in such a way opens the possibility of annulment of rights inscribed in land registries and the possibility for the persons who are not in fact owners to inscribe themselves as such based on the factual state of affairs.
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During 2018-2020, the insolvency institute was marked by three legislative waves, both at procedural and conceptual level. These new regulations have led to relevant legal revisions and additions and, in some places, repeals of some rules governing this institute. The latest amendments, which came in force on 14 November 2020, concerned approximately 90 articles of the Insolvency Law and were based on an extensive analysis of the activity of the courts as well as of the professionals in the field. In this article, we aim to point out the most relevant changes to Insolvency Law in the last three years and to analyze the first effects of these changes
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In present-day society, issues related to the emergence of new pathogenic diseases, which are inherently completely unknown to medical science, raise serious debate. In addition to health care, these issues are also of interest for the jurisprudence, in relation to the mechanisms for introducing anti-epidemic measures that should be enforced by the competent control authorities.
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The orders of the Minister of Health issued on a legal basis Art. 63 of the Health Act constitute a set of temporary organizational measures and law enforcements, directed outwards.The implementation of mandatory measures is strengthened both by the possibility of enforcing administrative obligations and penalising the acts of non-adherence by considering them as administrative violations and, in some cases, holding criminal liability for them.
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The Ministry of Interior provides administrative acts in Chapter Five, which are intended in view of the general prevention of the state from committing crimes. In the cases of issuing a warning protocol under Article 65 of the LMI, however, there is ambiguity about the manner and procedure of its contestation. The issuance of an administrative act is mixed with a warning act and complicates law enforcement. The article analyzes their legal nature, practice and jurisprudence. It is concluded that the rights of citizens, protected by our Constitution and the ECHR, point to a gap in our legislation that needs to be overcome. Specific such proposals are presented.
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Patient safety is a global problem as the World Health Organization and many governments in different countries have engaged to find a solution. Priority is the creation of a registry of adverse medical events, and its aim is to limit, analyze and make proposals for the elimination of such events. Bulgaria has adopted the National Health Strategy (2014-2020), as one of the main policies is to ensure patient safety.
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Among European Union members, Bulgaria is unique in that its administrative justice provides for possibility of appeal within the supreme jurisdiction in the area of administrative law. As it is well known, certain types of cases are heard by SAC in three-judge panels and the decisions of these panels are subject to appeal before five-judge panels of SAC. This system has a number of practical inconveniences. Moreover, it completely contradicts the Western models of administrative justice, from which our country has adopted. Is should be abolished and in the article de lege ferenda suggestions are made.
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The procedural issues for challenging invalidated audit certificates under the Taxation and Social Security Procedure Code are raised by their contradictory resolution in the case law. Their ambiguous response makes it difficult for legal entities to exercise their rights to defense and the judiciary to apply the law. The crucial point is that these contradictions affect the fundamental rights of the persons concerned and these need to be harmonized.
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In Bulgarian law and doctrine, the term ‘property’ is used with different content depending on their need. In these cases, it is of utmost importance for law enforcement to establish the meaning that the specific legislative act attaches to this concept. This paper shall review the legal framework regarding the debtor’s non-sequestered assets that cannot be enforced, as well as the situations in which the protection provided by the legislature lapses. Given the specifics of the proceedings and, in particular, the fact that unilateral interference in a foreign legal sphere occurs through coercion, the rules on sequestered property as well as the degree of protection afforded to the debtor are of utmost importance.
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The political component of the processes of social transformations necessary to ensure Ukraine's access to the trajectory of stable development has been studied. The directions of building the main viable public institutions that will create a fulcrum for competitive economic activity and contribute to increasing the level of publicity of policy are considered. Possible ways to solve the existing problems of political reforms are analyzed - the lack of material resources and social capital, the difficulty of obtaining and maintaining a sufficient level of support for reformers and difficulties in reconciling the competing interests of different social groups. The monograph is designed for a wide range of professionals, politicians, civil servants, scientists, teachers, students.
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The aim of this volume is to compare various types of administrative procedure and show their similarities and differences in national, European and global dimensions. The Authors’ intention is also to capture the regularities governing the development of law on administrative proceedings, including answers to the following questions: 1) is there a genetic relationship between the three generations of procedures, or do they derive from the separate ideas of national legislatives (genetic peculiarities)? 2) to what extent did modern procedures become the subject of national codifications? 3) what are the characteristics of national participatory procedures? 4) what are the national experiences in the field of “coexistence” of the three generations of administrative procedures? 5) where is the boundary between pragmatism and legalism of administrative procedures, for example in the case of urgent or simplified, automated and mass procedures? 6) does the increasing complexity of social life necessitate new solutions to integrate standards of the Rule of Law (traditional procedural values) with requirements of procedural pragmatism and efficiency? 7) are the new solutions in contradiction with the idea of multi-aspect protection of interests in administrative procedure?
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Celem pracy jest przedstawienie złożoności zjawisk kształtujących zarządzanie rozwojem terytorialnym, które przybierają hybrydowe postaci, łącząc odległe – a nawet pozornie sprzeczne – procesy. Autor dąży do ukazania, w jaki sposób społeczeństwo informacyjne wpływa na zarządzanie publiczne. (…) Zamierzeniem jest zidentyfikowanie cech hybrydyzacji zarządzania rozwojem w kanonicznych fazach tego procesu i uwieńczenie wywodu próbą ujęcia modelowego, zawierającego rekomendacje dla tych, którzy kreują przyszłość jednostek terytorialnych. Autor dostrzega możliwość koegzystencji niekiedy sprzecznych systemów w modelowej postaci helisy.
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This collection follows an International Scientific Conference on the same topic held at the Faculty of Law at Paisii Hilendarski University of Plovdiv. Many colleagues participated in - from Bulgarian law faculties, from the Institute for Legal Studies of Bulgarian Academy of Sciences and from Spanish law faculties, too. Presented papers are included in this collection. Not the least, this collection is dedicated to a colleague who passed away after the conference. It is pro memoria to the brilliant colleague who was one of leading and internationally known scholars of Bulgarian public law - Prof. Emilia Kandeva, PhD.
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The present monography examines the withholding tax in the Bulgarian tax law, drawing a comparison with the European perspective. The study outlines the main elements of this kind of tax according to the national perceptions, including the historical prerequisites for its introduction. The relevant directives on this matter, as well as the significant cases of the CJEU, have been examined chronologically. The study ends with a theoretical and practical analysis of fundamental points on this issue, with a number of recommendations in relation to the improvement of the concept of the withholding tax in the domestic law.
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This volume contains the scientific papers presented at the 6 th International Conference “Contemporary Challenges in Administrative Law from an Interdisciplinary Perspective” that was held on 19 May 2023 online on Zoom. The conference is organized by the Society of Juridical and Administrative Sciences. More information about the conference can be found on the official website: https://alpaconference.ro. The scientific studies included in this volume are grouped into three chapters: • Specific Interdisciplinary Interactions in the 21st Century Public Law. The papers in this chapter refer to: administrative science or sciences? - research must remain interdisciplinary; challenges of legal regulation regarding cryptocurrencies; Government rocade - a genuine constitutional solution or an illusory, discretionary one?; problems of administration of disputes arising in connection with the public service: jurisdiction and the possibility of mediation; complementarity between civil Status acts and mitrical acts; the new trends in administrative decisions in Portugal – the Simplex program and the adequate pursuit of public interest • On the Vital Public Interest in Efficient, Effective and Fair Administration at All Levels of Government. This chapter includes papers on: European Union membership and the Constitution of Romania; control over the administration in Kosovo; where next, local self-governments?; 100 years of constitutional regulation of the Romanian contentious administrative; the compensation mechanism of expropriated pursuant to Law no. 255/2010 - vulnerabilities and possible solutions; controversies regarding the withdrawal of the right of use over the land assigned on the basis of Law no. 15/2003 regarding the support given to young people for the construction of a personal property. • Regulatory Practice and Judicial Procedures in Public Law. The papers in this chapter refer to: the latest legislative changes of the administrative litigation Law no. 554 of 2004; the impact of rulings relating to questions of law on administrative acts; considerations regarding the appeal to the administrative court of the individual performance appraisal report of civil servants; the administrative court system and its impact on Albanian private enitites; authority of res judicata of the decision of the administrative court before the criminal court. This volume is aimed at practitioners, researchers, students and PhD candidates in juridical and administrative sciences, who are interested in recent developments and prospects for development in the field of public law and public administration at international and national level. We thank all contributors and partners, and are confident that this volume will meet the needs for growing documentation and information of readers in the context of globalization and the rise of dynamic elements in contemporary public law and public administration.
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This volume presents the significance of the Universal Declaration of Human Rights (UDHR) in the evolution of international human rights law. It examines how the UDHR laid the foundation for the development of subsequent human rights treaties and frameworks, influencing both national and international legal systems. It delves into the historical context of the UDHR's adoption, the key principles it enshrines, and its lasting impact on global human rights discourse. It also addresses the challenges and criticisms faced by the UDHR over the decades, highlighting its role as a cornerstone of modern human rights advocacy and legislation.
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The collection prepared by the group of researchers and educators from the Faculty of Law and Administration of the University of Warsaw contains legal acts from the history of administration of the Polish state and countries such as: Austria, Prussia and Germany, Russia and USSR, France, England and the United States, whose legislation had a relevant impact on the state legal system and administrative and legal solutions in force on Polish lands. The first part of the publication consists of documents regarding the system and administration of countries other than Poland. The second part discusses the regulations regarding the Polish state, including its constitutional law, government administration, local government and non-territorial self-government, administrative judiciary and legal protection bodies, as well as official law and administrative procedure. Such perspective makes it possible, among others, to track changesin the process of ruling a country and functioning of an autonomy, and thus facilitates understanding of contemporary solutions.
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This monograph is the result of the work of scholars from various European countries who joined the research project funded by the National Science Centre and led by Tomasz Duraj, titled “In Search of a Legal Model of Self-Employment in Poland. A Comparative Legal Analysis”.The chief research objective tackled by the project participants consisted in a complex legal ana lysis of self-employment – not only from the perspective of Polish regulations and case law, but also with regard to solutions existing in international law, European Union law, and selected European countries. The area of study covered the legal systems of the United Kingdom, Germany, Austria, Spain, France, ltaly, Hungary, as well as Lithuania, Latvia, and Estonia. Research design was rather innovative. To date, no large-scale research had been conducted into the legal environment as it pertains to self-employment, encompassing not only the Polish regulations and case law, but also the solutions adopted in international law, European Union law, and the laws of selected European countries. The inclusion of the regulations on self-employment in other countries, processed to fit within in the framework of a structured study, provides added value for Polish legal scholarship.This monograph contains an analysis of self-employment under the law of the Baltic States and under Polish law. The concluding chapter presents the final results of the research carried out as part of the research project. On their basis, an attempt was made to create an optimal legal model of self-employment in Poland. The comments as to the potential future regulatory approaches are designed to help the Polish legislator draft a new law on the legal status of self-employed workers, in order to systematically and comprehensively regulate the key aspects of self-employed work, with particular emphasis on the social protection of the workers. Its implementation will contribute to resolving a number of disputes and clarifying a number of doubts that currently exist in legal scholarship and in case law.The proposed optimal legal model of self-employment in Poland outlined in this monograph has a universal dimension, going much beyond self-employment as such. The research results suggest certain conclusions that offer a springboard for a broader discussion about the future of labour law. They encourage reflection on the need and legitimacy of expanding the applicability of protective regulations of labour law, with a view to bringing under their umbrella various new groups of workers who provide work, independently, outside the employment relationship (in particular under conditions of dependence on the client). The scope of this protection and manner of its differentiation require further critical reflection and development.The monograph is primarily addressed to legal academics, students, legislators, judges and representatives of other legal professions, social partners, practitioners and other circles interested in the issue of atypical forms of employment.
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The monographic study aims to highlight the workings of the system of public funding from the European Structural and Investment Funds in the programme period from 2014 to 2020. It is based upon the author's dissertation ‘Financial Legal Relations in the System of Public Funding from the EU Structural and Cohesion Funds’, of which the scientific supervisor for its preparation is Prof. Sasho Penov, PhD. The result of the research demonstrates that the system of public funding from EU Structural Funds correspond with national co-financing as a public financial legal relationship. This is subject to legal regulation under financial laws, to wit those concerning the expenditure and use of budgetary funds (European and national) and control over this activity. The study is undertaken in respect of the public relations issues arising, developing and being expunged in the public funding system relating to European funds under shared management. This study examines two aspects: (1) a set of financial legal relationships of management and control, and (2) a set of public authorities that undertake financial activities.
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