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Is a Refugee a Refugee Everywhere? A Comparative Study between Turkish, Italian and Brazilian Law

Author(s): Ülkü Sezgi Sözen,Annalisa Morticelli,Emília Castro / Language(s): English Publication Year: 0

This paper aims at discussing, analyzing and comparing the definition of the term refugee to reflect upon the terminology enshrined by 1951 Geneva Convention on Refugee Status and its application on the globalized world. Firstly, it presents an overview of international refugee law, focusing on the above-mentioned Geneva Convention, which is the pioneer international instrument for the protection and welcoming of refugees. Secondly, there will be a legal analysis of Turkish, Italian and Brazilian Refugee Law. These national laws (which also comprise the definitions of the Geneva Convention) are used as comparative standards in order to suggest some improvements to refugee law matters, especially to the definition of the refugee status. These three completely different approaches derived from the refugee law of these countries help us reach our goal, which is not only to suggest some changes for International Refugee Law, calling the Geneva Convention into question, but also to reflect upon the ratio of the refugee status and on the granting or withdrawing of this status. In this work, the hermeneutic method will be used together with a comparative law approach.

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За юридическата отговорност за нарушения на закона от публични институции

Author(s): Yanaki Stoilov / Language(s): Bulgarian Publication Year: 0

: This article addresses the complex and current problem of legal liability in cases of breach of regulations by public institutions.The first part deals with the general questions of responsibility for breaking the law by such institutions. Institutions to which the state entrusts the performance of public functions are becoming more and more obliged to hold them accountable in case of violation of the rights of natural and legal persons. The discretion of public authorities at national and European level tends to be limited by the rights of citizens and the principle of legal equality. Offenses committed by public institutions may be committed by action or omission. It is more difficult to exercise liability in the event of inaction, because in many cases it is not possible for another authority to issue the legal act necessary for the realization of the rights.The second part deals with the issue of legal protection when normative acts violate the law. Cases have been considered with regard to under-laws acts contrary to the law as well as to laws which are contrary to the constitution. Attention has been paid to cases where a law has been declared unconstitutional but no action has been taken to settle the consequences on the part of the body issuing the unlawful act. Decisions are justified that take into account the need to reconcile the rule of law, the supremacy of the constitution and the separation of powers. The measures taken at European level against unlawful actions/omissions of public institutions are also noted. The introduction of the right to good administration plays a special role in this regard.

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Осъждането като конституционно основание за освобождаване от публична длъжност

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

The paper reviews the constitutional grounds for dismissal from public office which results from a criminal conviction. A comparison is made between the conditions for different state officials provided in the Constitution and some suggestions are made for improvement of the regulation of the matter.

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Признаци на понятията в правото. Умозаключения за тъждество в процеса по прилагане

Author(s): Doroteya Dimova-Severinova / Language(s): Bulgarian Publication Year: 0

Execution of the law in a philosophical aspect is a transition from general possibility through particular possibility in to a particular reality. In each law enforcement process, the decisive subject interprets the legal norm and discloses the signs of the different concepts in it. After determination of the facts from the case the law enforcement body should determine their relevant legal significance to the legal norm. Only then it can proceed to application of the consequences of the legal norm. In order to proceed to this final stage of the procedure it should come to a conclusion for identity between the normative facts and those from the case. This should be accomplished through the legal argumentation. This report aims to analyze the signs of the legal concepts; to draw the logical characteristic of the law enforcement process and to propose a way of forming the conclusion for identity trough the knowledge for the signs of the concepts and logical legislation for the common, specific and single in the law.

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Основи на информационната сигурност в обществените отношения

Author(s): Boryana Hinova / Language(s): Bulgarian Publication Year: 0

The report raises questions about the place and role of information security in the construction and functioning of public relations. The author does not restrict the topic only to presenting the essence, terminology and concept of information security, but points out the methods and means to guarantee it in the course of social relations in the social systems. The report also focuses on ways to protect information security in public systems

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Административният договор в правоприлагането след измененията в административно-процесуалния кодекс от 2018 г.

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

The article reviews the legal framework of the administrative contract in Bulgarian the Administrative Procedure Code (APC) and in special laws. The focus is on the amendments to the APC, which were made in 2018 and are also essential in the implementation of disputes related to the administrative contract. The main changes concerning this legal figure are outlined, examples are presented which illustrate the applicability of the amendments and the author's views on their suitability are presented.

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Необходимост от подобряване и модернизиране на нормативната уредба на териториялното устройство и планиране

Author(s): Bogdan Yordanov / Language(s): Bulgarian Publication Year: 0

The present paper is intended to prove the need to modernize the regulation of spatial organisation and planning by analyzing the current legislation on the matter. Rational decision-making solutions are seeked, using the experience of other countries and legislations, and proposals are made to modernize the regulatory framework for spatial organization and planning in Bulgaria.

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20 години от приемането на Закона за администрацията

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

20 years ago, the Administration Act was adopted, one of the acts underestimated in our law, which, however, successfully plays the role of a basic governing act that sets the basic rules for the structure of the executive power. Although criticized and demanding improvement, the Act succeeded in creating a legal framework for the structure of the administration following the different legal and organizational structures inherited by socialism and the spontaneous changes thereafter. The report briefly examines the major contributions of the law and the development of the ministerial rank created under this law.

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Решения на КЗК в производството по обжалване на актове на възложителя по ЗОП

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

This report examines the issue of the decisions of Commission for Protection of Competition in the appeal proceedings against acts of the Assignor under the Public Procurement Act. The basic requirements that each CPC decision must meet are presented. The questions of the legal nature of the Commission's decisions and the scope of the examination it carries out in the appeal proceedings under the Public Procurement Act are examined. The various options for the Commission's decision have been thoroughly examined depending on the outcome of the examination. Attention was drawn to the legal consequences of Commission decisions and, the procedure for appealing them and the impact on the contracts already signed before the date of the decision of the Commission for Protection of Competition.

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Понятието за публично вземане и неговото развитие в българското право

Author(s): Donka Pehlivanova / Language(s): Bulgarian Publication Year: 0

A state's fiscal policy is a key pillar in its governance and provision of necessary funds in the form of public claim. Without the latter, the state as an organizational unit could not exist and develop. The task of the report is to trace the development of the concept of public revenue in Bulgarian law, being limited in the period from the establishment of the Third Bulgarian State to this moment. Accordingly, three stages will be examined in turn, namely: first stage – Kingdom of Bulgaria, second stage – Bulgaria during socialism and third stage – revenue legislation in modern development.

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Общественият интерес в/и наказателния/т процес

Author(s): Silviya Tsankova / Language(s): Bulgarian Publication Year: 0

The article deals with some issues that are relevant for the proper definition of the concept of "public interest" and hence its outline of its nature, meaning and role in the criminal process. It is concluded that the public interest, which is by no means identical with the so-called public pressure is conditioned by the socio-economic and social development of civil society and is a prime guarantee for the legitimate protection of a democratic society from adverse management decisions, including in the area of criminal policy.

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Контролът за пропорционалност и правото на собственост (влияние на европейската и конституционната практика)

Author(s): Lyuba Panayotova-Chalakova / Language(s): Bulgarian Publication Year: 0

The purpose of this article is to analyse some of the decisions of the Bulgarian Constitutional Court and the European Court of Human Rights in Strasbourg regarding the protection of property right. This right is fundamental and receives protection in both domestic and European human rights law. In this respect, proportionality control is essential. Thanks to the interpretation of Art. 1 of the Additional Protocol, the European Court has achieved a major transformation. From a legal provision that seeks, above all, to secure the sovereign power of States, the court makes it a provision - instrument for the protection of property rights. The Court does so by subjecting interventions to property to a precondition, namely a fair balance. Proportionality control is the search for a balance between the common interest and that of individual private owners. The Court of Strasbourg has already given real control to measures that restrict property, not just those that take it away. The Constitutional Court, for its part, also increases its control by including proportionality as a criterion. A very important point in control is the availability of fair remedies as well as the procedures followed. In conclusion, as much as the protection of property rights has been updated,it still remains relative and incomplete. And this is because in this matter, both the European and the Constitutional Courts abstain from serious control of state objectives. They annul only extremely serious property interventions that clearly exceed any normality.

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Подсъдността по дела на потребители след промените в ГПК от 2018 г.

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

The accession of Bulgaria to the European Union in 2007 leaded to adoption of the new Civil Procedure Code. For the first time the national legislator set up procedural rules related to the Consumers’ protection, including also those about the court’s jurisdiction of the consumers’ disputes. The last year some of the existing provisions were changed or amended. Thе Article contains a brief review of the current development particularly in the field of the court’s jurisdiction in consumer’s disputes (Art.113 CPC), as well as underlines existing problems from procedural points of view. The author also makes some proposals for resolving related problems as well as he points out and gives ideas on how the national legislation might be improved in the area.

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Предпоставки за предявяването на иск за неоснователно обогатяване след прескрибирането на менителничния ефект

Author(s): Borislav Naydenov / Language(s): Bulgarian Publication Year: 0

Pursuant to Art. 531, para.1 of the Bulgarian Commercial Act, the claims regarding the bill of exchange against the payer shall be repaid within a three-year prescription from the maturity day, while pursuant to Art. 532 of the Bulgarian Commercial Act, the prescription period shall be interrupted only in respect of the person against whom the act was committed. The same rules regarding the prescription apply to the promissory note (arg. Art. 537 of the Bulgarian Commercial Act).With the expiry of the three-year prescription period, the applicant’s right of claim shall be extinguished, with a legal basis Art. 417, item 10 of the Bulgarian Civil Procedure Code.The expiration of the prescription period under Art. 531, para.1 of the Bulgarian Commercial Act does not extinguish the right of the bearer of the promissory note to demand from the debtor the payment of the due amount. Art. 534, para.1 of the Bulgarian Commercial Act enables the holder of a security order to lodge a claim for unjust enrichment against the issuer or the payer upon them, when:1. Has lost the claims on a bill of exchange, promissory note or cheque (negotiable instruments) due to prescription; 2. Has lost the claims on a bill of exchange, promissory note or cheque (negotiable instruments) due to failure to take the necessary actions to preserve the rights thereon.Insofar as no comprehensive study of the subject is made in the specialized legal literature in Bulgarian, this article is the first in the contemporary Bulgarian legal doctrine a detailed analysis of the theoretical and practical problems of the claim, with a legal basis Art. 534 of the Bulgarian Commercial Act.The article also provides a detailed critical analysis of the case law of the Supreme Court and the Supreme Cassation Court of the Republic of Bulgaria on the subject, as well as a comparison with the old practice of the Supreme Cassation Court of the Kingdom of Bulgaria.A number of practical and theoretical hypotheses have been considered, including the issue of the debtor's unjust enrichment on the bill of effect, the objection of "cashlessness" of the bill of exchange, and other options for the development of the court proceedings on the claim, with a legal basis of Article 534 of the Bulgarian Commercial Act.

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Прекратяване на гражданското дело поради висьщ процес в производството по обезпечение на бъдещ иск

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

The purpose of this scientific report is to analyze the matter of dismissal of a civil case due to a prior pending civil case in the procedure of seeking interim remedies before the beginning of proceedings. To put it in another way the report aims to explore the question whether the provision of article 126(1) of the Civil Procedure Code is applicable in the interim remedy procedures. In this regard, the report provides both a theoretical analysis of the matter and an overview of the contradictory judicial practice.

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The Consumption of Drugs in Romanian Schools and its Effects over the Health and Development of the Individual

Author(s): Cristian Dan / Language(s): English Publication Year: 0

The consumption of drugs has remained a long term issue of a significant importance, due to the fact that the substances which accelerate the production of endorphins at the neocortex level present an extended effect or even a definitive one in regards of the cognitive-emotional capacity of the consumer. This kind of practice is not absent in Romania, the number of persons taking in these type of elements showing a significant growth in the last 20 years. The current paperwork will largely focus on analyzing the factors which bring contribution to the distribution and consumption of drugs, especially in schools, and how they affect the social, cultural, cognitive and psychological evolution of the normal person. In the same manner, the article will bring into attention the current legislation of Romania in accordance with this subject, the methods used for prevention and tackling with the phenomenon of illegal substances and the support brought by the dispositions applied at the European Union level. At the end, a series of conclusions will have the main goals of correlating the Romanian legislation with the European one and to shed light upon the methods offered by the educational system in order to stop the accelerated spread of this vice between the students and the sanctions applied.

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Морал (етика) у грађанском праву

Author(s): Oliver Antić / Language(s): Serbian Publication Year: 0

The author discusses two basic principles on which Civil Law rests – principle of private autonomy (autonomy of the will) and principle of good faith. Private autonomy, originating from the theory of autonomy of the will, stands for individualistic, hence egoistic principles in law as confirmation of subjective civil rights and as a token of position and role an individual plays in constituting, changing and cessation of subjective civil rights. The principle of good faith stands in sharp contrast to the principle of autonomy of the will in the sense of the struggle of the opposites, thus striking a balance between egoistic on one and ethic, social i.e. common or collective on the other side. Law without ethics is injust, immoral law, „law“ which can easily slip into the realm of antilaw, violence or even crime, the fact that has, sadly, been confirmed in the history of our civilization too many times. Morale, ethics without legal sanction, hence, without law is but a forsaken righteous man warning and crying, but unable to avert deceit, violence or even crime. Ethical system devoid of law resembles a senior advisor whose advice is disregarded even when properly understood. In the world of conflicting interests legal and moral order rely on fellowship, interlacing, coegzistance. Those who fail to understand ethics cannot understand the essence of law; those who fail to understand the law will certainly not understand the point, the gist, the life of ethics. Hence law and ethics must never be two separate entities.

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Постоји ли потреба за хармонизацијом права привредних друштава у Босни и Херцеговини?

Author(s): Dijana Marković-Bajalović / Language(s): Serbian Publication Year: 0

Entities of Bosnia and Herzegovina possess autonomy in the sphere of regulation of legal status of companies and other business organizations. Existing legislation is featured by deep differences in regimes for establishment and governance of companies, predominantly resulting from imitation of legislation of different neighboring countries, i.e. Serbia and Croatia, and influence of foreign experts involved in process of legislation drafting. The BH Constitution declares the principle of freedom of movement of goods, people, services and capital. Realization of the principle presupposes some degree of harmonization of the entire commercial legislation and, logically, the legislation on companies. The author first analyses the process of harmonization of the company law in the EU countries, which had been necessary for creation and functioning of the EU internal market and realization of four basic freedoms. The analysis helps making useful conclusions on the necessity of the process and its extent. The author then quotes arguments pro and contra harmonization and concludes that the process did not bring significant results. Nevertheless, the process has not been discarded. It advances step by step, by making agreement among member states and the EU organs on the possible way of regulation of certain issues which are considered significant for the functioning if the single market. In the second part of the article the author analyses the most significant differences in company laws of three BH entities. The need for harmonization of company law in Bosnia and Herzegovina has not been recognized by the authorities on the level of entities and on the BH level, although it is evident that harmonization of rules on establishing of companies and their governance would help improving the legal protection of investors and the overall business climate in Bosnia and Herzegovina.

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ПРАВЕН АНАЛИЗ ПРИ РАЗПОРЕДИТЕЛНИ СДЕЛКИ С ВЕЩНИ ПРАВА

Author(s): Biserka Marinova / Language(s): Bulgarian Publication Year: 0

The report identifies the main risks of the acquirer of real rights through various legal transactions. The most common documents with which the transferor identifies himself as the holder of the transferred real right are considered. Attention is paid to additional types of documents and other sources of information in order to limit possible problems regarding the acquisition of real rights or their volume. Discussed are also the terms in which real or obligatory rights of third parties may be claimed, related to contesting the rights of the transferee, as well as the legal consequences in case of successful proof of their claims.

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The Psychological and Social Impact over the Individual during the Pandemic

Author(s): Cristian Dan / Language(s): English Publication Year: 0

The spreading of the new SARS-COV-2 virus on the planet had a devastating impact on the everyday life of the population, with manifestation on several levels, from the economic, cultural and social areas to the very essence of a human being. The lack of experience shared by the authorities in such a scenario, alongside the accelerated growth of cases and the high number of deaths, caused the countries all around the world to implement very restrictive measures, some of these affecting the fundamental rights and liberties of the people. The current paperwork will analyze the consequences brought upon an ordinary person, on a psychological and social level, by the new regulations adopted within the states in order to fight and prevent the current global infection. A comparison will be made between the State of emergency and the normal day life, revealing the key factors in behavior change and reactions. As references, we will bring into attention the dispositions from the Constitution, the Civil Code, and the Criminal Code versus the legal norms adopted during these last four critical months in Romania. At the end of the article, the conclusions will summarize the most relevant elements which tie up the results of the impact to the adopted laws.

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