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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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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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This volume contains the scientific papers presented at the Eleventh International Conference „Perspectives of Business Law in the Third Millennium” that was held on 19 November 2021 in online format on Zoom. The conference is organized each year by the Faculty of Law of the Bucharest University of Economic Studies together with the Society of Juridical and Administrative Sciences. The scientific studies included in this volume are grouped into five chapters: Stop or go back to business as unusual — legal issues impacting businesses during this time; Changes in the legal landscape, regulatory challenges and more; In-depth look at business law topics; European overview of the legal and business considerations. The present volume is addressed to practitioners, researchers, students and PhD candidates in juridical sciences, who are interested in recent developments and prospects for development in the field of business law at international and national level. This book is edited with the support of the Romanian Ministry of Education and Research.
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Epidemia COVID-19 wywarła głębokie skutki w różnych dziedzinach życia społecznego, miała też (i ma) głęboki wpływ na prawo – jego tworzenie i stosowanie. Jest to z pewnością nowy, oryginalny i bardzo perspektywiczny obszar badań naukowych. Niniejsza praca – jako jedna z pierwszych monografii na rynku wydawniczym poświęcona badaniom nad prawem i jego zmianami w czasie epidemii – ma szanse stać się ważnym przyczynkiem do dalszych badań w tym obszarze. Składające się na nią opracowania stoją bowiem na wysokim poziomie merytorycznym, są oryginalne, nowatorskie i ciekawe. dr hab. Monika Latos-Miłkowska, prof. ALK Autorzy niniejszej monografii przyjmują perspektywę naukową i społeczną, zadając fundamentalne pytania, na ile poszczególne regulacje prawne związane przeciwdziałaniem COVID-19 mieszczą się w ramach ustalonych zasad demokracji, międzynarodowego porządku prawnego i praworządności. Nie boją się stawiać tez oryginalnych, twórczych i prowokujących do dalszej dyskusji. dr hab. Paweł Nowik
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Celem monografii jest próba identyfikacji wpływu pandemii oraz rozwoju gospodarki cyfrowej na skalę i formę oszustw związanych z VAT, szczególnie w transakcjach transgranicznych z wykorzystaniem konstrukcji „znikającego przedsiębiorcy /podatnika”. Charakterystyce i ocenie poddano także podejmowane w Polsce oraz z inicjatywy UE działania zmierzające do uproszczenia i uszczelnienia poboru tego podatku. Rozważania skoncentrowano na aspektach fiskalnych i nowych tendencjach oszustw związanych z VAT (część pierwsza) oraz kwestiach normatywnych tych oszustw i podejmowanych przeciwko nim inicjatywach (część druga). Przyjęty podział nie ma charakteru dychotomicznego, gdyż przedstawione zagadnienia wzajemnie się przenikają i warunkują, pozwolił jednak wyeksponować wpływ pandemii i gospodarki cyfrowej na funkcjonowanie podatników VAT, w tym także tych nieuczciwych, oraz organów podatkowych wymierzających, pobierających i uszczelniających ten podatek.
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Independent and special administrative justice in the Republic of Macedonia in accordance with the criteria of European-continental system has existed for ten years. This means that the administrative court proceedings in the RM is regulated by special laws and that there is a special Administrative court which decides in administrative disputes. Previously, until 2006 whwn the Republic of Macedonia adopted a new law on administrative dispute, there is a mixed concept, when the competent court for administrative disputes was the Supreme Court of the Republic of Macedonia, as a court of general jurisdiction. The basic idea and goal of the administrative judiciary is the legality of the individual, final administrative acts by an independent judicial authority. Specifically for the protection of individuals and legal entities against arbitrary and illegal actions of state bodies of administration, when the public authorities in administrative procedure decide on their rights, obligations and inetrests. Consequently, the main goal of our research is to answer the question of whether and how the administrative judiciary performs its role as guardian of the legality of administrative acts and to identify obstacles and inconsistencies faced by the Administrative Court in performing this role. As important issues related with this aim, and which have a direct impact on the achievement of adequate judicial control is set, the relationship between the court and the administrative authority as a defendant party in administrative proceedings, as well as efficient and effective exercise of administrative-judicial protection for persons who wish to exercise some of their rights and appearing as a plaintiff in an administrative dispute. The answer to these questions in the course of research will primarily be obtained through analysis of empirical data from the previous work of the Administrative Court. In fact, the answer is important to be able to confirm our initial hypothesis, which is that the Administrative Court in its work faces many inconsistencies and obstacles in achieving its primary function, which affects the uniform application of legal norms, but also achieving effective and efficient administrative and judicial protection. Above all this regards the enforcement of judicial verdicts, delivering the documents by the public authority, the decision in a dispute of full jurisdiction, maintaining the oral hearing, a trial within a reasonable time and two-instance administrative judiciary. The author suggest of a special character of the independent and impartial administrative justice, which could be achieved through the implementation of adequate legal norms governing the choice and responsibility of judges. Special emphasis in the work of the authors placed on the need for changes in the Law on Administrative Disputes, which should go in the direction of harmonization of laws with the new Law on Administrative Procedure of 2015 and the consistent application of Article 6 of the European Convention on Human Rights and Freedoms. Namely to open questions about the enlargement of the items would decide the Administrative Court, the incorporating oral hearings as a rule in the administrative proceedings and the detailed planning of the second instance administrative court protection.
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This paper deals with the misdemeanor procedure in the Republic of Macedonia, more specifically the one related to the administrative offences. Namely, the illustrated analysis of the Law on Misdemeanor's (from 2015) provisions speaks of a great anomaly in the respective legal regime; that is the existance of a complaint procedure or, in other words, the fact that the rules are such that the administrative offences procedure is longer than the criminal one. Nevertheless, it is not merely the legal remedy of complaint that is examined, but also the authority founded to decide upon it – the State Commission for Second Instance Decision in Inspection Supervision and Misdemeanor Procedure. The primary idea is that these rules ought to be amended as soon as possible, i.e. that neither the legal remedy of complaint nor the authority referred to should exist. This thesis is based on several arguments among which the nature of the administrative offences procedure, the comparative legal framework as well as several indicators for the successes (if any) in the implementation of the current legislation.
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The collection contains reports presented at scientific conference "Challenges to legal regulation in Bulgaria". The conference was held on October 31, 2023 in the conference halls of the university in parallel modules. Scientists, practitioners, doctoral students and students participated, a total of over 60 people in five scientific fields: Challenges to international law and EU law in Bulgaria; Challenges to private law regulation in Bulgaria; Historical and economic aspects of state regulation in Bulgaria; Challenges to public law regulation in Bulgaria; Challenges to criminal law regulation in Bulgaria.
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Human activity, whether in the public or private sector, must be conducted in full compliance with the law. Persons temporarily holding a public office or a public function have this obligation to comply with the law. In this context, the subject is topical and important both for legal specialists and citizens, who may at some point find themselves performing work in the state apparatus and need to know their obligations to avoid legal sanctions. This paperwork aims to analyze the existing legal framework on the conflict of interest from an interdisciplinary perspective. In order to achieve the proposed scope, the topic is divided into three parts, organized in such a way that the information presented provides as detailed an insight as possible into the subject of conflict of interest. Part I will provide an introduction to the general theme of the topic. Part II will develop the legal regime of conflict of interest from a multidisciplinary, administrative law and criminal law perspective. Part III will briefly exemplify situations of conflicts of interest in the practice of public authorities in order to understand their dynamics, in which the work of the National Integrity Agency and the High Court of Cassation and Justice, Division of the contentious administrative and fiscal, was analyzed.
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