Съдебната практика като източник на право

Author(s): Kino Lazarov / Language(s): Bulgarian Publication Year: 0

Judicial practice is a source of law in every legal system, whether it is acknowledged or denied. Laws, and even their complementary regulations, can never anticipate everything, can never grasp life in its fullness and dynamic diversity. On the other hand, the court cannot refuse to decide a case on the pretext that there is no legal norm on the basis of which a legal dispute can be decided. Thus, the court must make its decision. If there is a similar case, it will use the analogia and thus fill the resulting gap. However, there are also cases when there is no such legal norm. Then the court must inevitably create the missing rule, i.e. to establish a precedent which, if adopted by the other courts, will become the beginning and constituent part of a permanent, consolidated, lasting judicial practice - a real source of law.

Елементи на механизма за управление на публичните финанси

Author(s): Ivan Stoyanov / Language(s): Bulgarian Publication Year: 0

The public finance management mechanism is a legal mechanism. As Prof. М. Kostov rightly notes, financial relations cannot exist outside and independently of the state and legal regulation. These public relations (budgetary and tax relations) cannot exist in any other way and in any other form than as legal relations. Well developed theory and modern financial legislation are necessary conditions for good financial management. In legal theory, it is accepted without question that the basic components of the legal regulation mechanism are laws, legal facts and legal relations. In administrative and financial law doctrine, it is accepted that control is a necessary element and extension of state governance. In this sense, financial control is a necessary component of the public finance management mechanism.

Екологоправна защита на черноморското крайбрежие

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

The legal issues related to the protection of the Black Sea coastal zone of the Republic of Bulgaria are particularly relevant in relation to the development of tourism, maritime transport and various types of nature use in this region. There are currently few publications in our legal literature devoted to the environmental and legal protection of our Black Sea coastal zone. A number of factors of a natural and mainly anthropogenic nature have a significant negative impact on the state of the environment in the Black Sea coast region. In this connection, the problem of protecting the beach, which, on the one hand, is an essential part of the Black Sea coast and, on the other, is a vulnerable natural resource whose degradation threatens the development of tourism in this part of our country, is becoming more and more relevant.

Централните органи на държавно управление извън системата на изпълнителната власт

Author(s): Konstantin Pehlivanov / Language(s): Bulgarian Publication Year: 0

The existence of the central bodies of state governance outside the executive power system, their systematic place in state governance and the clarification of their functions is one of the main challenges for contemporary administrative law theory. The review of the regulation of these bodies shows that the National Assembly tends to take more and more functions from the executive power in a narrow sense and entrust them to bodies that it itself constitutes in whole or in part. But, even if the basic intention is that certain departments to enjoy extreme stability and non-executive control, this in practice leads to periodic crises in their functioning when governments and parliamentary majorities change. This article will examine several problematic issues that have arisen in the functioning of such bodies, as well as several interesting decisions of the Constitutional Court and the Supreme Administrative Court in relation to them.

Освобождаване от наказателна отговорност с налагане на административно наказание по реда на чл. 78А от Наказателния кодекс

Author(s): Petko Minev / Language(s): Bulgarian Publication Year: 0

Idea of this study is that the institutions under Article 78a and Article 218b of the Criminal Code should expand their scope. There are many crimes that have a low degree of public danger, for which it is not justified to conduct criminal proceedings, and the records could be sent to the authority for imposing an administrative punishment. Similarly to Article 61 of the Criminal Code concerning juvenile offenders, the prosecutor or the court should have the power to discontinue the proceedings also against adult offenders, if a low social danger of the specific act is established, and to transmit the case materials to the police authorities (in this case – the administrative authority) for the imposition of an administrative punishment – a fine or deprivation of rights. The simplified form of administrative punishment is appropriate for the application in cases of minor offences and relieves the criminal justice system of a significant burden.

Административният акт на министъра на труда и социалната политика по чл. 51Б, ал. 4 от Кодекса на труда

Author(s): Vasil Petrov / Language(s): Bulgarian Publication Year: 0

This report focuses on the authority of the Minister of Labour and Social Policy to extend the effect of a collective labor agreement at the sectoral or branch level, regulated in Article 51B(4) of the Labour Code (LC), and the Act, issued in the exercise of that power. The legality (or rather the illegality) of one of these extensions has already been adjudicated by the Supreme Administrative Court (SAC), which in itself is sufficient as a justification for the consideration of the institute. The report is also addresses some of the questions raised by the existence of the institute of the extension of a collective agreement by an act of public authority.

Правото на достъп до медицинска помощ

Author(s): Maria Radeva / Language(s): Bulgarian Publication Year: 0

A major problem of global health is the conflict between limited resources and ever-increasing costs. Access to medical care is practically limited by the budgetary framework of the state budget and the National Health Insurance Fund budget. Legislation defines patients' rights and the obligations of medical institutions to provide medical care. There is no explicit legal regulation, with the exception of the schematically regulated waiting list for hospitalisation, on the behaviour in case of need for medical care in conditions of missing or exhausted budget funding. The relationship between a patient and a medical institution should be regulated in accordance with the current legal framework in the health sector.

Западно- и Средноевропейската епархия на Българската православна църква - Българска патриаршия като юридическо лице по немското право

Author(s): Mariya Kyoseva / Language(s): Bulgarian Publication Year: 0

The Western and Central European Diocese is an administrative-territorial unit - a diocese of the BOC - BP diocese with headquarters in Berlin according to Art. 4, para. 1, item 2 of the Statute of the BOC - BP. It is also a metropolis as a kind of local division of the BOC - BP and in this capacity, like all other metropolises within the borders of Bulgaria, is a legal entity according to Art. 13, para. 1 of the Statute. The research is focused on the question of the status of church communities in dioceses abroad, as well as in the Western and Central European diocese.

Съдебен контрол върху градоустройствените административни актове. Премахване на негодни за ползване или застрашаващи сигурността строежи

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

Land-use and urban building have accompanied the human civilization since its beginning. Spatial planning is increasingly acknowledged as an interactive, interdisciplinary and democratic instrument to promote sustainable and balance urban planning and development. It requires innovative changes in the spatial planning, land-use and territorial development legislation at local, national, and transnational legislation. The modern planning regulations reflect the principle “planning for places and people”, and express the planning concern about the improvement of public health, safety, convenience and welfare of the citizens. Significant achievements of the administrative legislation are the detailed regulations about the control over threatening safety constructions. The article introduces the legal basis and an analysis of the structure, objectives and responsibilities of demolishment of unsuitable or hazardous buildings, including the appeals process before the court. The mayor issue an order to remove the buildings, which due to natural wear or other circumstances have become dangerous to the health and lives of citizens are unfit for use, threatened by self-demolition, create conditions for a fire or harmful in sanitary-hygienic respect and can’t be repaired or strengthened. The order may be appealed before the administrative court in accordance with Art. 215 of the Spatial Planning Law.

Нормотворческите правомощия на изпълнителната власт

Author(s): Konstantin Pehlivanov / Language(s): Bulgarian Publication Year: 0

The article reviews briefly the specific authority of the executive power to issue normative regulations that supplement the laws and serve their enforcement (bylaws). A brief historical review is made and further the article focus on the present day state of the matter, as it is settled in the Constitution of Republic of Bulgaria 1991 and the Normative Acts Act 1973. The main objective of the article is to point out and eventually clarify some debatable issues around the bylaws issued by the Council of ministers. Further, a separate analysis is dedicated to the curious, now overcome, situation, when issuance of bylaws was entrusted to administrative bodies ranking below minister – heads of agencies. Special attention is paid to the intriguing, sometimes controversial, practice of the Constitutional Court and the Supreme Administrative Court.

ПОСТАНОВЛЕНИЕТО

Author(s): Maria Slavova / Language(s): Bulgarian Publication Year: 0

The nowadays Bulgarian legal world has created an unique phenomenon, the domain of which is on the boundary between public and private law. This is usually an act of the Council of Ministers, but its scope is entirely private, artificially combining civil, commercial, financial and European law. The purpose of the decree in its new performance is to cover up the abuse of power by elected persons and civil servants and violation of the public interest. The hybrid nature of the decree creates ambiguity and impedes the immediate reaction to the realization of the responsibility of its authors and the imposition of penalties.

ВЕРТИКАЛНА СТРУКТУРА НА ВЕЩНОТО ПРАВО. НОРМАТИВЕН МОНИЗЪМ И ДУАЛИЗЪМ. БЛАГОУСТРОЙСТВЕНО ВЕЩНО ПРАВО.

Author(s): Krum Dimitrov / Language(s): Bulgarian Publication Year: 0

The object of this article is to examine the vertical structure of the Property law. The article examines the levels of the Property law regulatory framework, their vertical and horizontal scope, correlation and significance. The article also brings attention about the Spatial planning property law as a distinct system of legal norms, its correlation with the general Civil and Property law and its significance in that connection.

ОСОБЕНОСТИ В РЕЖИМА НА СОБСТВЕНОСТ И ИЗПОЛЗВАНЕ НА ДВОРНИТЕ ТЕРАСИ

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

The Report treats the issues of acquisition of rights over a part of a yard in which a building has been built in the regime of condominium ownership, included in the square footage or belonging to an individual unit in the same building and marked assocalled „ground balcony (veranda) „ or „private yards“.

ПРАВНИ ПРОБЛЕМИ НА КРИПТОВАЛУТИТЕ

Author(s): Ivan Nikolaev / Language(s): Bulgarian Publication Year: 0

The article reveals some of the peculiarities inthe definition of cryptocurrencies in the European and Bulgarianlegislation, as well as the licensing requirements for the companiesoperating with cryptocurrencies.

Съставянето на закона за задълженията и договорите от 1951 г.

Author(s): Svetoslav Ivanov / Language(s): Bulgarian Publication Year: 0

The present article examines the draft of the Law on Obligations and Con-tracts by the Council on Legislation at the Ministry of Justice and the persons who took part in this undertaking. Then, it handled with the amendments to the bill, which were made by the Legislative Commission of the National Assembly. These changes became final after the en-actment of the normative act by the legislative body. The format of an article does not allow commenting and criticizing these changes.

Ползва ли се със сила на пресъдено нещо влязлото в сила разпределение на съдебния изпълнител?

Author(s): Rumen Nekov / Language(s): Bulgarian Publication Year: 0

The aim of the present research is to make clear if the act with which the enforcement agent distributes an amount that is insufficient to satisfy all creditors in the enforcement proceedings (art. 460 CPC), respectively the court judgement on the distribution (art. 463 CPC) both enjoy ‘res judicata’ effect. The paper examines in details the case law and the legal theory on the referred question.

Mеждународноправен режим за борба с пиратството

Author(s): Miroslava Yordanova / Language(s): Bulgarian Publication Year: 0

Правна помощ от особен представител и решението на съда на ЕС от 23.11.2017 г. по съединени дела с-427/16 и с-428/16

Author(s): Elka Porominska / Language(s): Bulgarian Publication Year: 0

The report shall examine the legislation on determining and paying the remuneration for legal aid by a special representative appointed under Art. 47 para. 6 of the CPC. Interpretative Decision No 6/2013 on Interpretative Case No 6/2012 at the General Assembly of Civil and Commercial College of the Supreme Court of Cassation. Cassational case-law of the Supreme Court of Cassation and the Supreme Administrative Court. Possibilities for reducing lawyer‘s remuneration, including the remuneration of a special representative in legal aid, admitted under Art. 47 CPC – Judgment of the Court of Justice of the European Union (EU) of 23.11.2017 under Joint Cases C-427/16 and C-428/16. The change of art. 47 para. 6 CPC on the possibility of reducing the minimum amount under an Ordinance on minimum lawyers‘ remuneration adopted by the Supreme Bar Council. Problems in relation to the correct determination and payment of the remuneration of the special representative before and after the new regulation.

Контролът на европейския омбудсман като механизъм за постигане правото на добра администрация

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

The article examines the institution of the European Ombudsman, which embodies an independently functioning mechanism for public control. „Soft” supervision guides the standard in terms of access to information, as well as ensuring transparency in the EU‘s decision-making process. After reviewing the basic legal norms in this direction, actions related to access to documents and information in the EU are analyzed. Attention was also drawn to the European Ombudsman‘s own-initiative inquiries. The mechanism of influence in relation to the detected cases of bad management and protection of the right to good administration is studied.

За приложението на чл. 84, ал. 3 от Закона за българските лични документи

Author(s): Nadezhda Hristova / Language(s): Bulgarian Publication Year: 0

The study is devoted to the issue of the application of art. 84, par. 3 of the Bulgarian Personal Documents Act. In particular, the study critically analyzes the application of this legal provision and proposes a revision de lege ferenda. The study presents the author’s analysis and conclusions, as well as doctrinal opinions and case law on the issues raised.