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.

Анализ на съдебната практика по приложение на чл. 1, ал. 1, посл. хипотеза от ЗОДОВ след промените от 2019

Author(s): Stefan Radev / Language(s): Bulgarian Publication Year: 0

The material examines the case law on the application of Art. 1. para. 1, last hypothesis from the Act on the Liability for Damages Incurred by the State and the Municipalities (ALDISM) after the latest version of the law. This change is related to the explicit settlement of the possibility to claim compensation for damages, caused by the effect of repealed as illegal or declared null and void bylaws. The objective of the research is to come to generalized conclusions and to make proposals for improving the regulatory framework. Methods of analysis and comparison were used.

Някои аспекти на съдебния контрол върху изземването на образци за сравнително изследване в досъдебната фаза

Author(s): Elena Andreeva / Language(s): Bulgarian Publication Year: 0

The report considers the issue of the procedural nature of the seizure of samples for comparative examination in the pre-trial proceedings as a non-independent action part of the expertise. The procedural prerequisites for its conducting are also discussed. Another object of analysis are the peculiarities in the proceedings before the court of first instance for compulsory seizure of the samples when there is no other way to obtain these samples and there is a refusal of the persons (witnesses and defendants) to provide them voluntarily.

Публично и частно право. Избрани ракурси

Author(s): Lyuben Karanikolov / Language(s): Bulgarian Publication Year: 0

This work explores various aspects of public and private law.

Съществена непредвидима промяна в обстоятелствата и отражението ѝ върху договор за обществена поръчка

Author(s): Zahary Tormanov / Language(s): Bulgarian Publication Year: 0

The report examines some of the legislative possibilities for modification to a public procurement contract. The actual composition of a change to a public procurement contract in the hypothesis of Art. Art. 116, para. 1, item 3 of the Public Procurement Act and the factual composition of business frustration under Art. 307 of the Commercial Law are briefly analyzed and compared. The author comes to the conclusion that in the event of a significant change in circumstances after the conclusion of a public procurement contract, which change leads to the occurrence of a subsequent exceptional burden of the due performance (non-equivalence of counter-performances) and if the preservation of the public procurement contract in an unchanged state contradicts justice and good faith, it can be applied the institution of business frustration, regulated in the commercial law.

Правно действие на заповедта по чл. 154, ал. 5 от ЗУТ по отношение на собствениците на самостоятелни обекти в строяща се сграда

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

Construction is a dynamic process, which is carried out in accordance with an approved investment project and a building permit issued on its basis. The Law on Spatial Planning (LZP) allows the amendment of the investment intentions in the course of construction. Changes may affect the project's provisions with respect to individual independent objects, their boundaries, their intended use and square meters, to take away or modify common parts of the building, etc. At the same time, Article 181(2) of the LZP provides that the ownership of a separate object may be transferred after the completion of the building in rough construction, which precedes the completion of its construction, and it is in this case that the amendment of the investment intentions may affect the acquired separate objects. The effects of the change of investment intentions are described in this report.

Предпоставки за възникване на отговорност за чужд данъчен дълг

Author(s): Krasimir Mutafov / Language(s): Bulgarian Publication Year: 0

The report is dedicated to the liability for foreign tax debt, regulated in the TIPC. Emphasis is placed on the prerequisites for the emergence of this specific type of legal liability inherent only in tax law. In this aspect, attention is paid to the practice of the SAC in tax matters related to the issues that are looked under consideration.

Спиране на изпълнителното производство като вид обезпечителна мярка

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

In recent years, there have been more frequent cases in which, the issuance of a preliminary measure suspending the enforcement proceedings is requested. The peculiarity of this measure consists in the various procedural conditions that the law. It is important whether the measure is requested in an already pending cases or in a proceeding to secure a future claim. These differences from other security measures require consideration of the problem from all possible procedural aspects.

Подсъдност от последна степен, или за правомощието на ВКС да определя Компетентния съд по чл. 123 ГПК

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

The article examines the question of the construction of a provision in the Civil Procedure Code, authorizing Supreme Court of Cassation to designate proper venue when rules of jurisdictional venue are insufficient to determine it. It is argued that the statutory provision envisions a venue of last resort and embodies an inherent jurisdiction by SCC as having supervisory judicial power. A recent judicial case in point is examined.

Административноправни задължения на организаторите на спортни мероприятия във връзка с правото на достъп до територията на спортна зона съгласно Закона за опазване на обществения ред при провеждането на спортни мероприятия

Author(s): Kiril Goranov / Language(s): Bulgarian Publication Year: 0

The Law on the Protection of Public Order in the Conduct of Sports Events includes a number of administrative obligations towards the organizers of public events of a sporting and competitive nature. Some of the obligations are related to the provision, depending on the right of access of persons to the territory of the sports area where the sporting event is held. It is comprehensive to ensure the safety and security of participants and visitors in order to monitor public order, excluding the implementation of anti-social acts and others. Failure to comply with the obligations could lead to the application of administrative penalties to the organizer.

Правна рамка на управлението на държавния дълг в България

Author(s): Aglika Kaneva / Language(s): Bulgarian Publication Year: 0

In the paper, the process of management of the public debt has been presented. The normative documents have been indicated through which management of the public debt is regulated in Bulgaria. The main aspects of the process of management of the public debt have been reviewed.