Правото - изкуство за доброто и справедливото. 20 години Юридически факултет

Поглед към прилагането на административнопроцесуалния кодекс

Поглед към прилагането на административнопроцесуалния кодекс
(A Look at the Application of the Code of Administrative Procedure)

Author(s):Emilia Kandeva
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Administrative Law
Page Range:15-28
No. of Pages:14
Keywords:code of administrative procedure; regulation; supreme administrative court; state administration
Summary/Abstract:Administrative law faces the very difficult task of striking a fair balance between the need for a functioning and efficient state administration, on the one hand, and the protection of the interests and rights of specific citizens and organisations, on the other. The Code of Administrative Procedure (CAP) created a comprehensive and unified new regulation of administrative procedure. It has contributed significantly to the establishment of the rule of law as the surest guarantee for the protection of the rights of citizens and organisations in their contacts with the administration, as well as to the achievement of a simpler, faster, more accessible and more comprehensible administrative procedure for citizens. As regards administrative justice, the CAP has achieved its main task of unifying and reorganising the administrative justice system. The CAP has created a comprehensive model for the review of the legality of administrative activity through the establishment of a unified two-instance system of administrative courts headed by the Supreme Administrative Court.

Маловажен случай в административното наказване

Маловажен случай в административното наказване
(Minor Administrative Violation in the Administrative Sanction)

Author(s):Darina Zinovieva
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Court case, Administrative Law
Page Range:29-32
No. of Pages:4
Keywords:minor administrative violation; administrative-criminal law; administrative violations and sanctions act; de lege ferenda; legal norms
Summary/Abstract:It is a principle of Administrative-Criminal law that an act which qualifies as a minor administrative violation is discharged with a warning that a subsequent act will be sanctioned. Although different in consequences from the punishment of a criminal offence, sometimes the consequences of administrative sanction are not light for the subject either. In the explanation we will focus on current practical aspects of the problem, which are still a topic for serious discussion. The problems are in the sphere of the general legal regime in administrative sanction. At the same time, there are even more detailed issues in the special laws regarding Administrative Violations and Sanctions Act, some of which have as their genesis the general issues raised above. This is the case in the field of Commercial law, Labour law, etc. This necessitates the need to raise these issues, examine them and find appropriate solutions de lege ferenda.

Похвално слово за правото

Похвално слово за правото
(A Word of Praise for the Law)

Author(s):Emilia Drumeva
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Philosophy of Law
Page Range:33-34
No. of Pages:4
Keywords:law; authority; normative being; social reality
Summary/Abstract:The field of law is the social life of people together. The task of law is to create order in their relations and in their relations with the public authority, as well as in the relations of the public authority themselves with each other. All these relations are to be clearly established and fairly regulated. The words 'law' and 'fair' have a common root. Law is the art of the good and the fair, in the words of the ancient Roman jurist Celsus, later quoted by his famous "colleague" Ulpian and made into a maxim. It is an art, according to those who make the law, to arrange the various relations in such a way, in accordance with the idea of social justice, that an optimal "good and fair order" is obtained according to the social circumstances. This order is to be accepted by the vast majority, to build authority, to facilitate the unfolding of social activity.

Правно положение на лицата без гражданство в Република България

Правно положение на лицата без гражданство в Република България
(Legal Status of Stateless Persons in the Republic of Bulgaria)

Author(s):Veselin Hristov Tsankov
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law
Page Range:35-50
No. of Pages:16
Keywords:legal status; stateless; Republic of Bulgaria; international legal norms; regulation
Summary/Abstract:Statelessness is widespread in the modern world and is one of the essential problems of domestic and international law. Due to the sensitivity of the issue and for political reasons, many countries do not provide correct information on the number of stateless persons. According to numerous scientific studies and UN surveys, the number of stateless persons worldwide is between 9 and 11 million. This article examines the international legal norms regulating the status of stateless persons, as well as options for reducing and limiting statelessness. The factual situation in the Republic of Bulgaria is presented. It concludes by proposing guidelines for improving minimum standards for the protection of stateless persons.

Правни проблеми при оспорване решенията на общинска избирателна комисия за предсрочно прекратяване на пълномощията на кметовете

Правни проблеми при оспорване решенията на общинска избирателна комисия за предсрочно прекратяване на пълномощията на кметовете
(Legal Issues in Case of Challenging the Decisions of Municipal Election Commission for Early Termination of the Mayors’ Powers)

Author(s):Bogdan Yordanov
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Administrative Law
Page Range:51-55
No. of Pages:5
Keywords:local self-government and local administration act; municipal election commission; mayors' powers; supreme administrative court
Summary/Abstract:This report draws attention to the issues related to the challenge of the decisions of the Municipal Election Commission (MEC) for early termination of the mayors' powers, refracted through the prism of the amendments to the Local Self-government and Local Administration Act (LSLAA) in force since 19.04.2011 and the permanent judicial practice reflected in Interpretative Decision № 1/30.03.2009 of the Supreme Administrative Court in Interpretive Case № 6/2008. The decisions of MEC for early termination of the powers of mayors and municipal councilors can be made in principle in the presence of certain hypotheses, explicitly regulated as grounds in the provisions of the LSLAA. However, the early termination of the powers of mayors is not uncontroversial and complete in the normative regulation of Art. 42, par. 3 LSLAA. The problems analyzed in the report, necessitate the conclusion that legislative changes or revision of the practice of the Supreme Administrative Court on these issues are needed.

Аргументи в подкрепа на нормата на чл. 24 от отменения Закон за върховния административен съд

Аргументи в подкрепа на нормата на чл. 24 от отменения Закон за върховния административен съд
(Arguments in Support of the Norm of Article 24 of the Repealed Supreme Administrative Court Act)

Author(s):Boyan Todorov Georgiev
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Administrative Law
Page Range:56-60
No. of Pages:5
Keywords:supreme administrative court act; legality; code of administrative procedure; legal norm
Summary/Abstract:In general, the provision of Article 24 of the repealed Supreme Administrative Court Act (SACA) meant that the body conducting the proceedings should not issue just any decision, but only the one that is based as much as possible on the actual reality to the maximum extent and satisfies the legitimate claims of citizens and organizations. It was a sign of objective justice that the court had taken the initiative, in the light of the parties' submissions, to gather additional evidence and explanations relevant to the proper determination of the case. Considering the objective nature of the issues of legality raised by the grounds for annulment of administrative acts and the public interest in lawful action by the administration in the annulment process, a significant place should be given to ex officio jurisdiction in the taking of evidence through the relevant actions of the court. The administrative court is also, by definition, a control instance, charged with the difficult task of ensuring the legitimate development of the socio-political system.

Прекратяване на процедура за възлагане на обществена поръчка

Прекратяване на процедура за възлагане на обществена поръчка
(Termination of a Public Procurement Procedure)

Author(s):Ilonka Goranova
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Administrative Law
Page Range:61-67
No. of Pages:7
Keywords:public procurement act; public procurement procedure; legal nature; termination
Summary/Abstract:The Public Procurement Act (PPA) provides for four hypotheses related to the manner in which public procurement procedures are concluded. This can be done by issuing a decision to appoint a contractor under a public procurement contract, by a decision to conclude a framework agreement, by a decision to rank the participants and/or award prizes and/or other payments in a design competition, or by a decision to terminate the procedure (Art. 38 of the PPA). The subject of this report are the issues related to the legal nature of the decision to terminate a public procurement procedure, the grounds for its issuance, the legal possibility of its appeal to the Commission on Protection of Competition. It is noted that the termination of procedure without any legal grounds constitutes an administrative offence for which the legislator provides for a fine or a pecuniary sanction on the contracting authority.

Изискването за съобразяване с целта на закона при издаване на административния акт в практиката на Върховния административен съд

Изискването за съобразяване с целта на закона при издаване на административния акт в практиката на Върховния административен съд
(The Requirement to Consider with the Purpose of the Law in Issuance of the Administrative Act in Practice of the Supreme Administrative Court)

Author(s):Konstantin Pehlivanov
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Administrative Law
Page Range:68-79
No. of Pages:12
Keywords:code of administrative procedure; administrative acts; perverse exercise of power; legal defect
Summary/Abstract:One of the requirements for administrative activity under Article 4(2) of the Code of Administrative Procedure (CAP) is that administrative acts shall be issued "for the purposes" established by the law. This follows from the executive-regulatory nature of administrative activity and administrative acts. Pursuant to Article 146, item 5 of the CAP, non-conformity with the purpose of the law is a ground for contesting the administrative act. Violation of this requirement is popular in theory and judicial practice as “perverse exercise of power”. After a brief review of the administrative law literature and judicial practice on the issue, the final part of the submission will also draw brief conclusions relating to the vice of perverse exercise of power.

Актът за прихващане и възстановяване

Актът за прихващане и възстановяване
(The Instrument of Offsetting or Refunding)

Author(s):Krasimir Mutafov
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Administrative Law
Page Range:80-89
No. of Pages:10
Keywords:instrument of offsetting or refunding; national revenue agency; tax and social insurance procedure code; legal nature
Summary/Abstract:The Instrument of Offsetting or Refunding (IOR) is among the most frequently issued acts by the authorities of the National Revenue Agency (NRA). As its name suggests, the IOR can be used to offset and/or refund tax liabilities or compulsory social security contributions. The issuance of an IOR is necessary when we are faced with the hypothesis of unduly paid or overpaid taxes. The study of the matter related to the IOR requires, before we discuss the procedure of its issuance, to make a brief legal characterisation of this type of acts and to examine the preceding legal actions performed by the revenue authorities before their immediate issuance. All of this will enable us to try to answer the question: can an IOR be used to determine tax liabilities?

Анализ на чл. 7А от преходните и заключителни разпоредби на Закона за защитените територии

Анализ на чл. 7А от преходните и заключителни разпоредби на Закона за защитените територии
(Analysis of § 7a of the Transitional and Final Provisions of the Protected Areas Act)

Author(s):Nadezhda Hristova
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Administrative Law
Page Range:90-96
No. of Pages:7
Keywords:protected areas act; legislator; administrative acts; European convention for the protection of human rights; constitutional court
Summary/Abstract:The purpose of the Protected Areas Act (PAA) is to protect and preserve protected areas as a national and common human treasure and heritage and as a special form of native nature protection, contributing to the development of culture and science and to the well-being of society. In 2007, the legislator, by the provision of § 7a para. 1 of the Transitional and Final Provisions (TFP) of the PAA, established the non-appealability of administrative acts issued until 30 June 2007, which declare or make changes to protected areas. I consider that the provision of § 7a of the TFP contradicts both the Constitution of the Republic of Bulgaria and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). If the aim of the legislator was to protect nature, which is equally valuable for everyone, and thus also aimed at protecting the public interest, then why did he set a deadline by which the acts should be issued. Isn't the protection of the environment after 2007 a priority for the legislator?!

Неосъществените поправки в конституцията на Република България

Неосъществените поправки в конституцията на Република България
(Pending Amendments to the Constitution of the Republic of Bulgaria)

Author(s):Hristo Paunov
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation
Page Range:97-104
No. of Pages:8
Keywords:constitution; Republic of Bulgaria; constitutionalism; legislator; amendments
Summary/Abstract:In contemporary constitutionalism, a tendency has emerged that shares the view that the Constitution in force must be closely related to the political and social life of the people. Constitutional rules are created so that they can be successfully implemented for as long as possible - this is the ambition of the constitutional legislator. But the Constitution is not eternal - as it is applied longer, the question of its reformation is periodically raised. Reforming the constitution is done by the means and mechanisms that are enshrined in the Basic law itself. The revision of the Constitution is the main way of this reformation. Four amendments to the Constitution of the Republic of Bulgaria have been adopted in connection with its membership of the EU. The trend that is being observed is that reforming the Constitution will not stop as a process. The subject of this paper is precisely the unfulfilled attempts to revise the Constitution made in the recent constitutional history of Bulgaria.

Съдебен контрол върху конституционността на законите в Република Гърция

Съдебен контрол върху конституционността на законите в Република Гърция
(Judicial Review of Constitutionality of Laws in the Republic of Greece)

Author(s):Hristos Kazandzis
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation
Page Range:105-108
No. of Pages:4
Keywords:constitutionality of laws; judicial review; Greece; legislator; constitutional court
Summary/Abstract:Judicial review of the constitutionality of laws takes various forms around the world today. Chronologically, Greece was the first to establish a system of constitutionality review, since the constitution of 9 June 1975 created an original mechanism that moved away from the classical European model and seemed to approach the American model, since constitutionality review could also be carried out by ordinary courts. The constitutional legislator since 1975 avoided following the trend observed in most European countries to create a special constitutional jurisdiction. Since the last constitutional amendment in 2008, there has been a great deal of discussion about the need for a Constitutional Court. It can be noted that the current Greek system of diffuse and incidental review of the constitutionality of laws is outdated and dysfunctional, with a significant gap as regards the settlement of certain constitutional disputes.

Някои предложения за промени в Закона за патентите и регистрацията на полезни модели, в Закона за марките и географските означения и в Закона за промишления дизайн

Някои предложения за промени в Закона за патентите и регистрацията на полезни модели, в Закона за марките и географските означения и в Закона за промишления дизайн
(Some Proposals for Changes to the Patents and Utility Models Registration Act, the Marks’ and Geographical Indications Act and the Industrial Design Act)

Author(s):Dimitrina Petrova Stefanova
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Administrative Law
Page Range:109-120
No. of Pages:12
Keywords:patents and utility models registration act; marks’ and geographical indications act; industrial design act; legal framework
Summary/Abstract:The norms governing the procedure for the issuance of individual administrative acts for patents for inventions, registration of trademarks and industrial designs are mainly contained in the Patents and Utility Models Registration Act (PUMRA), the Marks’ and Geographical Indications Act (MGIA) and the Industrial Design Act (IDA), as well as in the regulations issued on the basis thereof. On the one hand, these administrative procedural rules are special regulations compared to the general administrative procedural rules for the issuance of individual administrative acts laid down in the Code of Administrative Procedure (CAP). On the other hand, as special administrative legislation in the field of industrial property protection, these regimes can be compared and, on the basis of the comparative legal analysis carried out, some general administrative procedural provisions can be derived in order to improve the legal framework. I will focus on one part of this group of issues in this paper and will also provide for other lawyers to consider a proposal for a change in the MGIA, in the spirit of the motto of the conference "Law – the art of the good and the fair", to amend the substantive legal framework of trademark protection.

Погасяването по давност на частни вземания при действието на Конституцията на Република България от 1991 г.

Погасяването по давност на частни вземания при действието на Конституцията на Република България от 1991 г.
(Limitation of Private Claims under the Effect of the Constitution of the Republic of Bulgaria from 1991)

Author(s):Zlatimir Orsov
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation
Page Range:121-126
No. of Pages:6
Keywords:constitution; Bulgaria; state; limitation; private claims; statutory provisions
Summary/Abstract:At first glance, one might appear that the legal provisions allowing private state claims to be barred by limitation are not unconstitutional – they are state claims, and the state itself has given its debtors the right to default on their obligations to it by providing for the possibility that those claims may be barred by limitation and by giving them the right to invoke limitation. Art. 18(6) of the Constitution obliges the State to manage and administer its property in the interest of the citizens and the public. It is obvious that the limitation of private State claims is in the interest of the debtor in each individual claim, but it is not in the interest of the public and citizens because it reduces the State's assets and thus its ability to perform its functions effectively. Therefore, the statutory provisions allowing the limitation of private state claims are also unconstitutional.

Процесуалноправни аспекти на производството по проверка законността на избори пред Конституционния съд

Процесуалноправни аспекти на производството по проверка законността на избори пред Конституционния съд
(Procedural Aspects of the Proceedings under Verification of the Legality of Elections before the Constitutional Court)

Author(s):Radoslava Yankulova
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation
Page Range:127-137
No. of Pages:11
Keywords:constitutional law; elections; legality; constitutional court; Republic of Bulgaria
Summary/Abstract:In the Constitutional law, elections belong to the fundamental mechanisms and means of representative democracy – representative bodies replace their composition in the order of predetermined, periodically held elections; in this way, representative bodies legitimize their own functioning. Any defect in the electoral process has serious consequences. In almost every legal system, the need to establish mechanisms to verify the legitimacy of elections that have just been produced has been recognized, and different approaches have been observed in comparative terms. According to the prevailing European practice, the courts, whether constitutional or supreme, are competent to rule definitively on disputes about the legality of elections. The prevailing approach is to entrust the review to the Constitutional Courts. The Republic of Bulgaria belongs to the countries which entrust the verification of the legality of elections to different courts depending on the level at which the election in question was made.

Основни (конституционни) права. Индивидуалната конституционна жалба като ефикасен съвременен метод за защитата и закрилата им

Основни (конституционни) права. Индивидуалната конституционна жалба като ефикасен съвременен метод за защитата и закрилата им
(Fundamental (Constitutional) Rights. The Individual Constitutional Complaint as an Efficient Modern Method for their Protection and Defense)

Author(s):Veselin Kozarev
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation
Page Range:138-146
No. of Pages:9
Keywords:fundamental rights; individual constitutional complaint; protection and defense; constitutional law
Summary/Abstract:Although the topic deserves a detailed treatment in a monographic study, I will try to outline the main issues in this paper. Considering the complex nature of the protection and defense of the personal rights of citizens, I aim to consider and propose methods for their effective protection and defense in their basic dimension: as a matter of Constitutional law. After a brief introduction to the history and development of fundamental rights from a Constitutional law perspective, the institution of the Constitutional complaint will be examined.

За или против конституционната жалба?

За или против конституционната жалба?
(For or Against the Constitutional Complaint?)

Author(s):Simona Gospodinova
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation
Page Range:147-152
No. of Pages:6
Keywords:constitutional court; individual constitutional complaint; fundamental rights; constitution
Summary/Abstract:The protection of fundamental rights exercised by the Constitutional Court depends on its place in the adopted constitutional model and on the authorities conferred on it. Bulgarian Constitutional Court cannot be directly approached by citizens when their rights are affected, because the constitutional justice in Bulgaria belongs to those models (Italy, Portugal) which do not contain the institution of the individual constitutional complaint. The citizens' constitutional complaint is perceived as an extraordinary form of legal aid. It does not displace legal tools in other proceedings. It is external to them and can have effect only after the person has exhausted all other legal tools. It is a last and subsidiary option of extraordinary legal assistance for anyone whose fundamental rights have been violated by the public authority. In this country, the discussion on the future of the constitutional citizen's complaint is not very active, but it is worth paying attention to. In my opinion, it is necessary to start a discussion for and against the institution of the citizens' constitutional complaint.

Римскоправната традиция в европейското право

Римскоправната традиция в европейското право
(Roman-Law Tradition in European Law)

Author(s):Vanessa Ponte Arrebola
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Roman law
Page Range:155-160
No. of Pages:6
Keywords:roman law; unification; european law; harmonize; ius commune; legal norms
Summary/Abstract:Roman law may be the milestone for the unification and interpretation of national legal systems and norms. The work of European jurists should be directed towards extracting the best from Roman laws and civilization, consolidating the study of Roman law in the perspective of searching for the common core in law by summarizing cultural traditions in law.

За правото като "изкуство за доброто и справедливото"

За правото като "изкуство за доброто и справедливото"
(About the Law as “Art of the Good and the Fair”)

Author(s):Malina Novkirishka- Stoyanova
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Roman law
Page Range:161-174
No. of Pages:14
Keywords:Publius Juventius Celsus; law; Roman jurists; art; ars; ius; definition
Summary/Abstract:The definition of law as "Art of the Good and the Fair" by the great Roman jurist Publius Juventius Celsus originated on the border of two centuries - 1st and 2nd century AD. It was the period when he lived and worked. Analyzing Celsus's definition of law, fundamental questions arise: in what sense is law defined as art (ars), and to what extent is there a complete identification between ius and ars? Analyzing Celsus's opinion, the semantic emphasis is considered to be on the identification of law with art. But it is not about any art, but about that which is bound up with the good and the fair. Such a definition was necessary in the time of Celsus and Ulpian as well as Justinian and is mainly associated with the definition of the high place of jurists in society and the stimulation of those who study law. It is still needed today to remind us what the mind of jurists should be in the creating and applying the law.

Понятие за добро и справедливо

Понятие за добро и справедливо
(Concept of the Good and the Fair)

Author(s):Maria Kostova
Language:Bulgarian
Subject(s):Language and Literature Studies, Law, Constitution, Jurisprudence, Applied Linguistics, Roman law
Page Range:175-182
No. of Pages:8
Keywords:Celsus; law; ars; ius; definition; lexemes; bonum; aequum
Summary/Abstract:Ius est ars boni et aequi (Dig. 1,1,1). The famous definition of the Roman jurist Celsus still amazes legal scholars, legal historians, linguists, and philosophers. If we consider the definition without much elaboration and specification of meaning - law is the art of the good and fair – such a statement could be perceived as mere rhetoric with an ethical focus. I venture to offer the following more specific understanding of the meaning of Celsus's definition: Law is the skill of right evaluation of facts (expediency) and impartial justice. I join those scholars who believe that the definition Ius est ars boni et aequi is a definition of the function and meaning of law during Roman antiquity.

Относно принципа за непосредствено действие на разпоредбите на българската конституция от 1991 г.

Относно принципа за непосредствено действие на разпоредбите на българската конституция от 1991 г.
(On the Principle of Direct Effect of the Provisions of Bulgarian Constitution of 1991)

Author(s):Rosen Tashev
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, History of Law, Constitutional Law
Page Range:183-198
No. of Pages:16
Keywords:constitution; principle; direct effect; provisions; court
Summary/Abstract:Bulgarian Constitution of 1991 enshrines the principle of direct effect in Article 5, paragraph 2. In its decision № 10 of 1994, the Constitutional Court of the Republic of Bulgaria gave an interpretation of what constitutes the direct effect of the Constitution and how it is exercised, and there are publications on this subject in the doctrine. However, there are not many court decisions in which this principle is practically applied. This article aims to broaden the analysis of this principle. In this way, the Bulgarian Constitution will assert its leading role in the legal reasoning of court decisions. Theoretical approaches and tools proposed in this article should help to strength both the legal effectiveness of the Constitution and modern constitutional democracy.

Правна защита на лечебните растения

Правна защита на лечебните растения
(Legal Protection of Medicinal Plants)

Author(s):Georgi Penchev
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law
Page Range:199-206
No. of Pages:8
Keywords:medicinal plants; legal framework; the medicinal plants act; regulatory measures
Summary/Abstract:The current Medicinal Plants Act is the first special law in this field adopted after 1944, and it is obvious that for a long period of time there was no special regulation at statutory level. I will research briefly the most important features of our current legislation. The study is in accordance with the legislation as of 30.09.2012.

Законопроектът за административното правосъдие - първи идеи, дискусии и подготовка

Законопроектът за административното правосъдие - първи идеи, дискусии и подготовка
(The Administrative Justice Act – First Ideas, Discussions and Preparation)

Author(s):Evgeni Yochev
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, History of Law, Administrative Law
Page Range:207-215
No. of Pages:9
Keywords:administrative; justice; bill; draft; act; jurists; government
Summary/Abstract:The Administrative Justice Act, whose 100th anniversary is celebrated in 2012, marks the beginning of the modern administrative justice system in Bulgaria. The process of drafting the Act goes through two phases, which are distinct in their content and objectives. The first phase (July 1905 - July 1911) can be described as preparatory. The second phase (July 1911 - October 1911) covered the time of the actual preparation and drafting of the administrative justice bill. During the discussion of the bill, especially in the first reading, both the deputies of the government majority and those of the opposition noted the pressing necessity of the law, its importance in establishing the rule of law in the country, in curbing administrative arbitrariness and stabilizing the bureaucracy, in rooting out political partisanship and moralizing party mores.

По въпроса за приемането на Закона за защита на нацията

По въпроса за приемането на Закона за защита на нацията
(On the Issue of the Adoption of the Law for Protection of the Nation)

Author(s):Petia Nedeleva
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law
Page Range:216-231
No. of Pages:16
Keywords:Bulgarian Jews; adoption; rights; law; law for protection of the nation
Summary/Abstract:The memory of the physical rescue of the Bulgarian Jews still exists in the Bulgarian consciousness. One less commented fact of Bulgarian history remains in the background. This is the adoption by the Bulgarian government of laws that restricted the civil rights and freedoms of Bulgarian Jews. Inherently inhuman, these laws remain as it were on the sidelines, less commented on because of the nature of the matter they regulate. The Jewish question in Bulgaria is most comprehensively regulated by the Law for Protection of the Nation.

Разпоредби за чародейства и магии в Разложкия ръкопис

Разпоредби за чародейства и магии в Разложкия ръкопис
(Provisions for Enchantments and Magic in the Razlog Manuscript)

Author(s):Desislava Stoyankova
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, History of Law, Canon Law / Church Law
Page Range:232-239
No. of Pages:8
Keywords:provisions; magic; enchantments; Razlog; manuscript; Nomocanon
Summary/Abstract:The book and the language are active factors in the consolidation of Bulgarian intellectual identity and part of our cultural heritage from the Middle Ages to the Renaissance. The few preserved manuscripts with legal character include both texts with secular regulation and ecclesiastical law. The “law-society-culture” relationship is very close after the adoption of Christianity as the official religion of Bulgaria. Some of this literature did not survive during the Ottoman era, but retained its main functions, namely to guide and point out good and evil in society. An interesting monument from the 19th century period is the Razlog manuscript, called in scholarly circles the "late Nomocanon of 1865". The manuscript is unique precisely in that words of Turkish, Russian or Greek origin can be found in it, as well as Church Slavonic words used only in ecclesiastical texts. The purpose of this article is to present some typical provisions on magic and enchantments contained in the Nomocanon, in particular those that are included in the Razlog manuscript.

Закон за защита на държавата

Закон за защита на държавата
(State Protection Law)

Author(s):Emanuil Dimitrov
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law
Page Range:240-244
No. of Pages:5
Keywords:state protection law; criminal law; crimes; legal nature
Summary/Abstract:The State Protection Law remains one of the most discussed laws in the history of Bulgarian legal life. Created in the context of the post-war tragic situation into which the country has fallen, it aims both to prevent the formation of organizations that were detrimental to the existing state and social order and to eliminate possible anti-state activities in the realm. What happens in practice is the misuse of this law, which leads to its use for bloody political and inter-party strife and, to a more limited extent as intended, to curb subversive activities in the state. This article, however, will deal with its legal nature rather than its historical meaning and implications.

Good and just corporate compliance

Good and just corporate compliance
(Good and just corporate compliance)

Author(s):Hannes Wakonig
Language:English
Subject(s):Law, Constitution, Jurisprudence, Civil Law
Page Range:247-255
No. of Pages:9
Keywords:compliance; companies; management systems
Summary/Abstract:In Western Europe and North America compliance as an area of concern for companies has come a long way over the past couple of years. The compliance standards that German (and Western European) multinationals set, have also started producing knock-on effects abroad. That is because their compliance management systems typically require business partners to undergo routine business partner checks prior to entering into any business operation („get tested, if you want to do business with us“).

Характеристика на вписването в имотния регистър

Характеристика на вписването в имотния регистър
(Characteristics on the entry in property register)

Author(s):Ventsislav Stoyanov
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Civil Law
Page Range:256-259
No. of Pages:4
Keywords:the new entry; real estate deeds
Summary/Abstract:The entry into force of the Law on the Cadastre and Property Register (ZKIR) in 2000 put a principle of the new entry of real estate deeds - the entry in the lot of property.

Проблемът "удължено събитие" при непозволено увреждане

Проблемът "удължено събитие" при непозволено увреждане
(On the Extended Event in Tort Liability)

Author(s):Polya Goleva
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Civil Law
Page Range:260-277
No. of Pages:18
Keywords:extended event; tort liability; damage; professional
Summary/Abstract:It is well known that tort liability is a complex legal fact that consists of four following elements: action or inaction, wrongdoing, damage, causation (between the action or inaction and the damage) and fault. In some torts, the act may to be carried out, resp. not to be carried out on a certain date, but the damage occurs later. Such are a number of cases under so-called "professional liability".

За управлението на юридическите лица

За управлението на юридическите лица
(On the management of legal persons)

Author(s):Krasen Stoychev
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Civil Law
Page Range:278-284
No. of Pages:7
Keywords:law; legal person; subject of law; management
Summary/Abstract:The statement qualifying the legal person as a social entity requires that the emphasis in defining this notion be placed on the matters of its management, and not on the formula for its property. The issue of management should be discussed in a broader context of legally relevant interactions towards functioning of this subject of law.

Въпроси на командитното дружество с акции

Въпроси на командитното дружество с акции
(The partnership limited by shares)

Author(s):Grigor Naydenov Grigorov
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
Page Range:285-295
No. of Pages:11
Keywords:Bulgarian commercial law; partnership; partnership limited by shares; limited liability company
Summary/Abstract:The partnership limited by shares (PLS) is a creation of the French Law - it is known as société en commandite par actions. In Bulgarian it is called командитно дружество с акции (КДА). It was introduced into the legal systems of most European countries. For the first time in our country PLS was regulated by Art. 219 – 225a of the old Commercial Law. PLS is currently regulated as a type of company by Chapter 15 of the Commercial Law. It is a hybrid between a partnership and a limited liability company.

Преценката за наличие на нищожност и унищожаемост на договорите, която се извършва при претендирана унищожаемост

Преценката за наличие на нищожност и унищожаемост на договорите, която се извършва при претендирана унищожаемост
(Nullity or Nullification of Contracts? (On the Evaluation Problem Provided the Avoidance is Pretended))

Author(s):Angel Shopov
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Civil Law
Page Range:296-310
No. of Pages:15
Keywords:nullity; nullification; contract; evaluation
Summary/Abstract:The author discusses criteria of differentiation between the nullity and the nullification of contracts; their field of application and the stages of judicial evaluation in the procedure of pretended nullification (i.e. avoidance). In the last part of the analysis were paid attention to the principles of civil procedure both with the feature of nullification.

Правото на изкупуване на недвижими имоти в България

Правото на изкупуване на недвижими имоти в България
(The right of redemption for immovables in Bulgaria)

Author(s):Gergana Boyanova
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, History of Law, Civil Law
Page Range:311-317
No. of Pages:7
Keywords:right under art. 33, para. 2 of the property law; constitutive claim; real rights; immovable property; redemption
Summary/Abstract:The review follows the history of the institution as a part of the legislation on the co-ownership. Its older regulation is compared with the current Art. 33, para. 2 of the Property Law.

Задължението за връщане на получено без основание от недееспособен

Задължението за връщане на получено без основание от недееспособен
(The obligation of incapable recipient to return undue performance)

Author(s):Krasimir Mitev
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
Page Range:318-327
No. of Pages:10
Keywords:unjustified enrichment; undue performance; minors; persons with limited capacity
Summary/Abstract:Article 58 from the Law on Obligations and Contracts (LOC) limits the obligation to restore benefits received without legal ground to the extent of actual enrichment of the recipient, when he or she is a minor or an adult, declared incapable to perform legal acts. According to the prevailing doctrinal opinion it suffices that the incapacity has existed in any time between performance and the claim for restitution. The author disagrees with this thesis and argues that Art. 58 LOC applies only to the recipient, who is minor (or incapable) at the time of the undue performance.

Отговорност за недостатъци при договора за замяна

Отговорност за недостатъци при договора за замяна
(Liability for defects in barter contract)

Author(s):Lyuba Panayotova-Chalakova
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
Page Range:328-335
No. of Pages:8
Keywords:liability; defects; barter contract; Bulgarian legislation
Summary/Abstract:The legal regime of barter contract in Bulgarian legislation is scarce. The Law on Obligations and Contracts (LOC) simply provides that the rules on sale apply respectively to barter. The author analyses how the rules on sale of defective goods apply to barter contract.

Договаряне със себе си без съгласие на представлявания

Договаряне със себе си без съгласие на представлявания
(Contracting of the agent with himself without principal’s approval)

Author(s):Stoyan Stavru
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
Page Range:336-344
No. of Pages:9
Keywords:agency; self-dealing agency; conflict of interest
Summary/Abstract:The author presents an analysis of Article 38 from the Law of Obligations and Contracts, which prohibits agent to make contracts with himself, except the principal explicitly grants such power to the agent.

За правното значение на споразумение, сключено в процедура по медиация

За правното значение на споразумение, сключено в процедура по медиация
(Legal effect of compromise settlement reached via mediation)

Author(s):Borislav Borisov
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Civil Law
Page Range:345-353
No. of Pages:9
Keywords:compromise settlement; mediation
Summary/Abstract:The article deals with the legal regime of compromise settlement reached via mediation procedure. The author’s focus is on the consequences and enforceability of the parties’ agreement.

Подобренията при развален договор между собственик на земята и строителя - суперфициар

Подобренията при развален договор между собственик на земята и строителя - суперфициар
(The termination of the contract which establish a right in rem to build on another’s land and the improvements)

Author(s):Biserka Marinova
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Civil Law, Court case
Page Range:354-364
No. of Pages:11
Keywords:termination of contract; superficiary; improvements on land; compensation
Summary/Abstract:The article is focused on cases where a contract between owner and superficiary is terminated due to the latter's breach. The subject of the study are the relations regarding improvements on the land carried out by the builder during the time of the contract.

Тежестта на доказване на оставането без работа след незаконно уволнение на работник или служител

Тежестта на доказване на оставането без работа след незаконно уволнение на работник или служител
(The burden of proof of being left unemployed after a wrongful dismissal of a worker or an employee)

Author(s):Vassil Petrov
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Civil Law, Labour and Social Security Law
Page Range:365-373
No. of Pages:9
Keywords:wrongful dismissal; indemnity; burden of proof
Summary/Abstract:This paper is dedicated to the question of the burden of proof of the fact that after a wrongful dismissal the worker or employee has been left unemployed. As a result of the analysis made the conclusion that the fact of being left unemployed should not be proved by the worker or employee has been arrived at. It is accepted that if the employer objects that the worker or employee has found a job immediately after the dismissal the burden of proving that rests on the employer.

За основанието при неоснователното обогатяване между съпрузи

За основанието при неоснователното обогатяване между съпрузи
(On the cause in case of unjust enrichment between spouses)

Author(s):Dimitar Topuzov
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Civil Law
Page Range:374-382
No. of Pages:9
Keywords:unjust enrichment; cause; spouses; marriage
Summary/Abstract:The article clarified the matter of the cause in case of unjust enrichment between spouses. Led by the understanding that the cause in case of unjust enrichment is the valid legal relationship between the enriched party and the impoverished one, the author examines the role of the marital relationship as a specific ground for relocating pecuniary goods between the spouses. The possibility of the spouses “agreeing upon a cause” for their enrichment one vis-a-vis the other in the nuptial agreement or on another agreement between them is also examined.

Разваляне на договора за лизинг според съдебната и арбитражната практика

Разваляне на договора за лизинг според съдебната и арбитражната практика
(Cancellation of the lease contract as per the court and arbitration practice)

Author(s):Martin Dimitrov
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Civil Law, Court case
Page Range:383-386
No. of Pages:4
Keywords:lease; cancellation; court and arbitration practice
Summary/Abstract:The paper presents the court and arbitration practice on the occasion of the cancellation of the lease contract. On the basis of the overview made the author attempts to deduce the peculiarities upon cancellation of the lease contract.

Относителната недействителност - правно средство за противодействие на злоупотребата с право?

Относителната недействителност - правно средство за противодействие на злоупотребата с право?
(Relative invalidity – a legal means to counter the abuse of right?)

Author(s):Andrean Slavchev
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Civil Law
Page Range:387-399
No. of Pages:13
Keywords:relative invalidity; abuse of right; legal transaction
Summary/Abstract:The article examines the theories of abuse of right and attempts to clarify the relative invalidity of transactions as a consequence of the exercise of subjective rights to the detriment of the rights and interests of third parties. The author’s thesis is that relative invalidity should be seen as a legal means to counter the abuse of right.

Обществената опасност по българското наказателно право

Обществената опасност по българското наказателно право
(Public danger under bulgarian criminal law)

Author(s):Anton Girginov
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Criminal Law
Page Range:403-408
No. of Pages:6
Keywords:public danger; criminal law; criminal acts
Summary/Abstract:The article examines the problems of public danger and types of criminal acts which belong to the high degree of public danger.

Европейска стратегия за електронно правосъдие

Европейска стратегия за електронно правосъдие
(European e-justice strategy)

Author(s):Yonko Kunchev
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation
Page Range:409-417
No. of Pages:9
Keywords:e-justice; strategy; recommendation No. 81
Summary/Abstract:The article examines the use of information systems in other European countries and the application of Recommendation No. 81 of the Council of Europe (the possibility of document identification through electronic signature and electronic identification systems).

Последните промени в наказателното законодателство

Последните промени в наказателното законодателство
(Recent changes in criminal law)

Author(s):Ralitsa Kostadinova
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation, Court case
Page Range:418-426
No. of Pages:9
Keywords:Bulgarian criminal law; criminal legislation; Bulgarian criminal code
Summary/Abstract:The article examines the essence of the new provisions in the criminal legislation. The changes are systematized in 2 directions - the change of sanctions for hitting a pedestrian and the cases under Art. 343 and Art. 342 of the Criminal Code (CC). The main prerequisites of the crime under Art. 343, para. 1 of the CC, as well as significant property damage. Included are the cases of unlicensed drivers as subjects of the crime under Art. 343, para. 3 CC. As well as the footpath as a place of commission of the crime under Art. 343, para. 3 CC.

Пробацията като вид корекционно-терапевтичен инструмент за въздействие върху девиантните форми на поведение на непълнолетните

Пробацията като вид корекционно-терапевтичен инструмент за въздействие върху девиантните форми на поведение на непълнолетните
(Probation as a type of correctional tool for deviant forms of behavior of minors)

Author(s):Tervel Georgiev
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Criminal Law
Page Range:427-432
No. of Pages:6
Keywords:probation; deviant behavior; minors
Summary/Abstract:Legal amendments on the subject are under consideration. The possibilities of the judicial system - a repressive approach, conditional sentencing, as well as the inclusion of probation. The cases in which it is possible to apply probation. Aggression as a leading motive for youth and juvenile crimes is also considered.

Ex lege discriminatio: опит за ревизия на правното регулиране на проституцията в България

Ex lege discriminatio: опит за ревизия на правното регулиране на проституцията в България
(Ex Lege Discriminatio: An attempt to revise the legal regulation of prostitution in Bulgaria)

Author(s):Ognyan Fortunov
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, History of Law, Criminal Law, EU-Legislation
Page Range:433-451
No. of Pages:19
Keywords:discrimination; prostitution; punishments
Summary/Abstract:Considering the act of prostitution as a crime – historical background. Legal regulation under Art. 329 of the Criminal Code. The questions are considered - which income is non-labour, which work is socially useful and what is the practice of applying the punishments corresponding to the crime. Types of legal regulation of prostitution. This study draws the difference between prostitution and human trafficking. De lege ferenda conclusions and proposals are made.

Европейска заповед за арест

Европейска заповед за арест
(European arrest warrant)

Author(s):Petko Minev
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation
Page Range:452-462
No. of Pages:11
Keywords:European arrest warrant; grounds for issuing
Summary/Abstract:The article examines the grounds for issuing a European Arrest Warrant; the actions of the public prosecutor before issuing a European Arrest Warrant and the content of a European Arrest Warrant.

Значение на общественоопасните последици за обосноваване на наказателната отговорност

Значение на общественоопасните последици за обосноваване на наказателната отговорност
(Definition for publicly dangerous consequences of the crime - significance, characteristics)

Author(s):Silviya Cankova
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Criminal Law
Page Range:463-468
No. of Pages:6
Keywords:publicly dangerous; criminal activity; consequences
Summary/Abstract:As every other activity, the criminal activity affects and changes the environment in which it has been committed. The criminal activity in particular inevitably leads to negative changes. These changes, which are direct or indirect consequence of the criminal deed, are essentially important for the factual individualization and public qualification of the crime.By examining the crime as an objective premise for the occurrence of the publicly dangerous consequences, it is possible to understand its public and political significance. It is the consequences of the crime that make possible to determine the trend and the content of the negative impact of the crime on the public relationships which appear to be its object.

Доказване на извършено домашно насилие

Доказване на извършено домашно насилие
(Evidence of domestic violence)

Author(s):Tsvetelina Karzheva-Teneva, Ivan Georgiev
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation
Page Range:469-476
No. of Pages:8
Keywords:domestic violence; practice; proof
Summary/Abstract:The article examines what domestic violence is, problems in practice, standards of proof, admissible evidence, meaning of the declaration under Art. 9 para. 3 of the Law on Protection from Domestic Violence, as well as the appellate proceedings.

Произход и историческо развитие на института на общите правила за индивидуализация на наказанието в българското наказателно право

Произход и историческо развитие на института на общите правила за индивидуализация на наказанието в българското наказателно право
(Origin and historical development of the institute of general rules for individualization of punishment in Bulgarian criminal law)

Author(s):Chavdar Petrov Groshev
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, History of Law, Criminal Law
Page Range:477-489
No. of Pages:13
Keywords:criminal law; individualization of punishment
Summary/Abstract:The article examines the essence of the legal institution "individualization of punishment" and its evolution. How and under what conditions is individualization of punishment used. Proposals to change the current legislation were made.

Russia, Chechnya and the Geneva Conventions, 1994-2006: Norms and the Problem of Internalization

Russia, Chechnya and the Geneva Conventions, 1994-2006: Norms and the Problem of Internalization
(Russia, Chechnya and the Geneva Conventions, 1994-2006: Norms and the Problem of Internalization)

Author(s):Mark Kramer
Language:English
Subject(s):Law, Constitution, Jurisprudence, History of Law, International Law
Page Range:493-504
No. of Pages:12
Keywords:Russia; Chechnya; conventions; international norms; policies; internalization
Summary/Abstract:This paper discusses Russia’s position vis-à-vis the four Geneva Conventions of 1949 and the two Additional Protocols of 1977 and the implications for the two wars fought by Russian troops against separatist guerrillas in Chechnya in 1994 – 2006. The paper begins by tracing the Soviet Union’s policies toward the Conventions and Additional Protocols and the effects of these documents on Soviet military operations both abroad and at home from the late 1940s through the early 1990s. The experience with the Conventions and Additional Protocols during the Soviet era helped to shape the policies of the Russian Federation, which, as the legal successor state to the USSR, inherited the Soviet government’s obligations under international treaties and agreements. The paper highlights the changes and continuities in post-Soviet Russia’s position and then uses the recent Russian-Chechen wars as a case study. The paper sheds light not only on Russia’s policies in Chechnya but also on recent scholarly literature regarding international norms and state behavior. A norm in international relations, including the tenets of international humanitarian law, can be defined as a shared conception of the appropriate way to behave or the appropriate stance to take on a particular issue.

Legal Vocabularies, Policy-Writing, and Political Rhetoric as Post-Communist Challenges in Global and Local Context in Southeastern Europe

Legal Vocabularies, Policy-Writing, and Political Rhetoric as Post-Communist Challenges in Global and Local Context in Southeastern Europe
(Legal Vocabularies, Policy-Writing, and Political Rhetoric as Post-Communist Challenges in Global and Local Context in Southeastern Europe)

Author(s):Noemi Marin
Language:English
Subject(s):Language and Literature Studies, Law, Constitution, Jurisprudence, International Law, Theoretical Linguistics, Lexis, Historical Linguistics
Page Range:505-513
No. of Pages:9
Keywords:legal discourse; legal vocabularies; political rhetoric; cultural; Eastern and Central Europe
Summary/Abstract:When it comes to history, the world of legal discourse in post-1989 transitions within Eastern and Central Europe turns into a unique laboratory of transformations that impact how political and legal systems engage sociocultural adaptations, political rhetoric (discourse) and the notion of audience/publics under novel understandings of national and international history in the area. Such public arena of new European democracies has experienced a wide range of political and legal transitions of official vocabularies, from reminiscent post-World War II or later Soviet – style official rhetoric to nuanced authoritarian and national socialist discourse, into the more ﬂuid democratically aligned linguistic and cultural vocabularies of national identity. It is within this context of political and legal change this essay is situated in order to examine some challenges that legal vocabularies and policymaking process carry in this transformative era. The research question for this essay does not focus on which words or which vocabularies get to be featured within the changes of legal discourse from communist to post-communist era. Rather, the study examines intends some of the critical-cultural perspectives that delineate legitimacy of post-1989 public and official discourse, taking into account how vocabularies carry within word-usage culturally-embedded arguments that inhabit discourse of political, legal, and democratic action.

To bail out or not to bail out? The current framework of financial assistance for euro area member states measured against the requirements of European primary law

To bail out or not to bail out? The current framework of financial assistance for euro area member states measured against the requirements of European primary law
(To bail out or not to bail out? The current framework of financial assistance for euro area member states measured against the requirements of European primary law)

Author(s):Rainer Palmstorfer
Language:English
Subject(s):Law, Constitution, Jurisprudence, International Law, EU-Legislation
Page Range:514-527
No. of Pages:14
Keywords:European debt crisis; measures; financial stability; European stability mechanism; economic policy
Summary/Abstract:Since 2010 the European Union and its Member States have implemented a series of measures to respond to the European debt crisis. What is striking about these measures is that, for the most part, they have been adopted outside the domain of European Union law. The bilateral loans for Greece, the European Financial Stability Facility (EFSF), the European Stability Mechanism (ESM) and, most recently, the Treaty on Stability, Coordination and Governance (TSCG) are acts under international or, in the case of the EFSF, national (i.e. Luxembourg) law. However the establishment of a European Financial Stabilization Mechanism (EFSM), the adoption of a package of six acts aimed at reforming the Stability and Growth Pact and the introduction of Article 136(3) TFEU by means of Article 48(6) TFEU show that the EU has not remained inactive either. Even though these are not acts under European Union law, these steps nevertheless have to be in conformity with the EMU framework. Apart from competence issues, it is especially the „no-bail-out clause“, that is, Article 125(1) TFEU that raises questions as to the legality of this financial assistance. These legal objections also concern the provision of European Union financial help by means of the EFSM. Here the additional issue of whether the EFSM was based on the appropriate legal base, i.e. Article 122(2) TFEU is raised. In the following, it shall be analyzed whether the bilateral loans for Greece, the EFSF and the EFSM are compatible with these and other Treaty provisions. As far as the course of this investigation is concerned, the starting point will be the competences of the European Union in the field of economic policy. We shall then turn to Article 125(1) and Article 122(2) TFEU.

EMU and euro crisis: The art of good and fair?

EMU and euro crisis: The art of good and fair?
(EMU and euro crisis: The art of good and fair?)

Author(s):Rainer Palmstorfer
Language:English
Subject(s):Law, Constitution, Jurisprudence, International Law, EU-Legislation
Page Range:528-537
No. of Pages:10
Keywords:economic and monetary union; euro crisis; bail-out; Lisbon treaty; economic policies
Summary/Abstract:‘Law: the art of good and fair?’ Being raised in the Austrian tradition of legal studies, which was considerably influenced by Hans Kelsen, this question seems to be difficult to answer from the perspective of legal positivism. That is so, because ‘good’ and ‘fair’ are attributes, positive law rarely resorts to. Rather they are qualities to describe law from an extralegal perspective. Therefore, this question cannot be answered in a general manner. It can only be answered in relation to a certain body of law. For reasons of topicality I have decided to answer this question with regard to what is usually referred to as ‘euro crisis’ or, more precisely speaking, with regard to the European responses to this crisis. There is reason to believe that some of the current counter measures not only seem to be highly problematic as concerns their legality, that is, their compatibility with the EU Treaties. We might also have reason to believe that they won’t achieve their aim, which is the prevention of a further crisis, as the very roots of the economic and monetary Union (EMU) are possibly flawed. Having said this, our field of investigation will be the policy field of EMU as enshrined in Articles 119-144 TFEU. This necessitates a journey back into history.

Energy and Bulgaria: Moving from the Geopolitical edge to the Middle?

Energy and Bulgaria: Moving from the Geopolitical edge to the Middle?
(Energy and Bulgaria: Moving from the Geopolitical edge to the Middle?)

Author(s):Randel Baker
Language:English
Subject(s):Law, Constitution, Jurisprudence, International Law
Page Range:538-544
No. of Pages:7
Keywords:geopolitical; energy; Nabucco; pipeline; oil; gas; Bulgaria
Summary/Abstract:It would, indeed, be hard to find a more complicated issue than the movement of gas, and oil, to Europe from Central Asia with geopolitical forces operating, seemingly, in all, and often contradictory, directions. But, this issue is of considerable interest to Bulgaria for several reasons: (a) Bulgaria has, historically, found itself on the geographical edge of some other political giant’s business. (b) the potential transit revenues for oil/gas passing over or under its territories and the possibility of energy-based industries developing in Bulgaria could bring the country out of the economic doldrums, (c) two of the biggest options (Nabucco and South Stream) enter Europe through Bulgarian territory, and (d) the new options would provide Bulgaria with an alternative to the existing framework that brings gas in from Russia via Ukraine. The stakes are high for Bulgaria in terms of energy security and considerable income from being the focal transit point for both options to bring energy from Russia or Caucasia. There are possibilities here for Bulgaria to move out of its „edge“ or peripheral position into being to bridge between a signiﬁ cant part of the EU and either Russia’s North Caucasus, or Nabucco’s South Caucasus.

Законът за отнемане в полза на държавата на незаконно придобитото имущество в светлината на международното право на собственост

Законът за отнемане в полза на държавата на незаконно придобитото имущество в светлината на международното право на собственост
(The Law on confiscation in favor of the State of illegally acquired property in the light of the International Law of Property)

Author(s):Emil Konstantinov
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Civil Law, International Law, Court case
Page Range:545-547
No. of Pages:3
Keywords:illegally acquired property; international law of property; constitutional court; unconstitutionality; human rights; fundamental freedoms
Summary/Abstract:The issue related to The Law on confiscation in favor of the State of illegally acquired property in the light of the International Law of Property has become relevant in connection with the Constitutional Court case № 6/2012. In the request of a group of deputies to establish the unconstitutionality and contradiction with international treaties of The Law on confiscation in favor of the State of illegally acquired property, it is alleged that, that numerous individual texts of this law are in "drastic contradiction with European Convention for the Protection of Human Rights and Fundamental Freedoms". The question is important, because these international treaties become part of a country's domestic law and take precedence over those norms of domestic law which their contradict. As a result of the analysis in the article, it can be concluded that the Law on confiscation in favor of the State of illegally acquired property does not violate the provisions of the European Convention on Human Rights and the Charter of Fundamental Rights relating to the right to property.

Отношението "право на Европейския съюз - международно право" в практиката на Съда на ЕС

Отношението "право на Европейския съюз - международно право" в практиката на Съда на ЕС
(The Relationship between EU Law and International Law in the practice of the Court of Justice of the EU)

Author(s):Jasmine Popova
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, International Law, EU-Legislation
Page Range:548-560
No. of Pages:13
Keywords:court of justice of the EU; EU Law; international law; connection; relationship; primary EU Law
Summary/Abstract:With the gradual expansion of the European Union's external competence and its growing role on the international stage, the question of the connection and relationship between its autonomous legal order and international law gains particular importance. This is because for many years the discussion has focused on the relationship between Community law and the national law of the Member States, a question on which the jurisprudence of the CJEU has provided a clear and definitive answer since the beginning of European construction, while the thesis on the hierarchical place of the rules of international law has been gradually developing since the mid-1970s and is still under discussion. The purpose of this paper is to present in a general way some background to the complex and sensitive issue at stake, which is closely related to the analysis of the different types of international agreements concluded by the EU, the EU and its Member States (so-called mixed agreements) and some or all Member States with third countries. Primary law does not regulate the question of the relationship between the two legal orders, unlike the EU judiciary, which plays the leading role in this context. For this reason, this study is also based on an analysis of its jurisprudence.

Създаване на демократични конституции в Източна Европа в годините на преход

Създаване на демократични конституции в Източна Европа в годините на преход
(Making Democratic Constitutions in Eastern Europe in the Years of Transition)

Author(s):Iskra Baeva
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, International Law, Comparative Law
Page Range:561-572
No. of Pages:12
Keywords:constitutions; constitution-making process; transition; Eastern Bloc
Summary/Abstract:The drafting of new constitutions in the countries which, after 1989, began societal transformations from Soviet-style state socialism to parliamentary democracies and a market economies, represents an important institutional step towards the consolidation of the new democratic system. This, like the direction of change, is a general process that had its premises in earlier developments but was supported and guided from outside – usually by Western European and American institutions. At the same time, if one follows the specific process of constitution-making in different former Eastern Bloc countries, it is easy to see that it takes place at different speeds and under different political conditions. The differences in this process motivated me to trace in my exposition the distinctions in the constitution-making process in transition countries, but not so much with regard to the legal as to the historical traditions in the countries of the Central European region, on the one hand, and the Balkans on the other.

Предизвикателствата пред съвременното българско международно частно право

Предизвикателствата пред съвременното българско международно частно право
(The Challenges Facing the Contemporary Bulgarian Private International Law)

Author(s):Nikolay Natov
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, International Law
Page Range:573-600
No. of Pages:28
Keywords:private international law; regulations; legal branch; arbitration; legal norms
Summary/Abstract:As the title suggests, this study is about the challenges of contemporary private international law (PIL) in Bulgaria - as a field of law and as a science. The challenges for the legal branch could be summarized as follows: 1) the adoption of a number of new regulations in the field of judicial cooperation in civil and commercial cases with cross-border implications in the European Union; 2) the inclusion of international commercial arbitration and other alternative means of resolving civil and commercial disputes with cross-border implications in the scope of the measures through which the said judicial cooperation is implemented; 3) the gradual maturing of the idea of codification of the EU PIL. As regards the challenges for the science of PILs, they are undoubtedly a consequence of the above and, specifically for Bulgaria, in addition to broadening the field of research, they also consist in unifying the view of the subject and scope of our private international law. Our thesis is that the Bulgarian PIL is developing at the pace established in the EU; it is enriched by the legal acts created in the EU; it is gradually becoming a branch of law whose sources are mainly of Community/Union origin, regulating substantive and procedural relations with an international element, covering the three "pillars" of the PIL - international jurisdiction and proceedings in international civil matters; applicable law to private law relations with an international element; recognition and enforcement of foreign judgments, recognition and enforcement of foreign judgments and official documents.

Проблематичната двойственост на режима на защита на правата на човека в ЕС след Лисабон

Проблематичната двойственост на режима на защита на правата на човека в ЕС след Лисабон
(The Problematic Duality of the Human Rights Protection Regime in the EU post Lisbon Treaty)

Author(s):Atanas Semov
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law
Page Range:601-611
No. of Pages:11
Keywords:treaty of Lisbon; fundamental rights; human rights; charter of fundamental rights; protection; European convention on human rights; dualistic regime
Summary/Abstract:The Treaty of Lisbon had the difficult task of "reproducing everything important from the Constitution for Europe”. Two of the most significant innovations are related to the creation of the Union's own human rights regime within and for the needs of the integration union. This Union - unique in the power granted to it by its Member States - needed from its inception guarantees that this power would be exercised with respect for fundamental rights. The necessary legal framework was made too half-heartedly, as a result of heavy compromises. There is no doubt that both the entry into force of the EU Charter of Fundamental Rights as a primary legal source and the EU's accession to the European Convention on Human Rights (ECHR) are events of historic significance. These should be acts of decisive reinforcement of the effective protection of fundamental rights – and should contribute to achieving unity of mechanisms. But does the creation of the EU's own Charter of Fundamental Rights and the EU's accession to the ECHR contribute to 'unity' or, on the contrary, create a dualistic regime. The answer to this question today cannot be comprehensive. It requires first that the process of accession to the ECHR is finally completed, and then that relevant jurisprudence is accumulated which makes it possible to establish clearly whether 'unity' has been achieved or, on the contrary, whether the regime is dual and therefore problematic.

За понятието "морски пространства"

За понятието "морски пространства"
(On the Concept of “Maritime Spaces”)

Author(s):Elisaveta Kalinova-Panova
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, International Law, EU-Legislation
Page Range:612-620
No. of Pages:9
Keywords:maritime spaces; legal acts; international legal regulation; law-making
Summary/Abstract:The concept of "maritime spaces" is included in various normative legal acts of the national legal system of the Republic of Bulgaria. When examining its use, it is found that the concept is often applied as aggregate category, without taking into account the specificity of individual zones and spaces, included in it. This presentation provides an insight into the use of the concept 'maritime spaces' in several key legal acts related to the subject matter. A refinement of the domestic legal system in the direction of synchronisation of wills of the legislator with Bulgaria's obligations under international treaties would help avoid the creation of legal preconditions for allowing contradictory interpretation of individual provisions. An unambiguous interpretation in the spirit of national traditions in law-making and jurisprudence and in accordance with international legal regulation would help to guarantee the uniform application of law, which is a generally accepted characteristic of the “rule of law”, based on law as an “art for the good and fair”.

Ролята на мироопазващата операция на ЕС "Алтея" за съхраняването на сигурна среда на Балканите

Ролята на мироопазващата операция на ЕС "Алтея" за съхраняването на сигурна среда на Балканите
(The Role of the EU Peacekeeping Operation “ALTHEA” in Maintaining a Secure Environment in the Balkans)

Author(s):Nadia Boyadjieva
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, International Law
Page Range:621-632
No. of Pages:12
Keywords:Bosnia and Herzegovina; European Union; ALTHEA; military operation; European integration; legal aspects
Summary/Abstract:The military conflict in the former Yugoslav Republic of Bosnia and Herzegovina (1992-1995) went through all the dramatic phases of a violent civil war. The active intervention of the international community brought an end to three years of internal conflict and the signing of the Dayton Peace Accords (1995) marked the beginning of the reconstruction processes in the country. The main objective is to build the state institutions of the new and unique political entity in the Balkans. An important task is to build peace, respect human rights, establish a democratic society and restore ethnic, social and religious balance in the country. This is related to the active involvement of the largest and most authoritative regional organisation in Europe - the European Union (EU). The EU military operation in Bosnia and Herzegovina, codenamed “ALTHEA”, provides a military presence of foreign troops in order to contribute to the achievement of the goals and objectives and to help Bosnia and Herzegovina take progressive steps towards European integration, starting with the adoption of the framework of the stabilization and association.

Международноправен статус на детето

Международноправен статус на детето
(International Legal Status of the Child)

Author(s):Gergana Gozanska
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law
Page Range:633-641
No. of Pages:9
Keywords:International legal status; child; international law; human rights; national law
Summary/Abstract:Historically, in defining the international legal status of the child, the child has been regarded as an object subordinate to adults rather than as a subject of international law. In most international human rights treaties, it has been assumed that if "the rights of women are protected, the rights of children are also protected". Today, the child is characterized by his or her procedural legal capacity. He or she enjoys the proclaimed right of "anyone" to bring a complaint before the competent court for a violation of the rights contained in regional international human rights acts, such as the European Convention on Human Rights, the American Convention on Human Rights and the African Charter on the Rights and Welfare of Child. The case law established in relation to complaints made by children or by their parents or guardians is one of the main postulates that "may accelerate the strengthening of their independent status in international law". The subject of this paper is the jurisprudence of the European Commission on Human Rights, the European Court of Human Rights and the Inter-American Commission on Human Rights related to the definition of the starting point of childhood and the systematization of international treaties regulating the end point of childhood. It also examines the relationship between national and international law in defining the starting and ending points of childhood.

Генетични характеристики като основание за дискриминация

Генетични характеристики като основание за дискриминация
(Genetic Characteristics as a Ground for Discrimination)

Author(s):Mariela Yaneva-Deliverska
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, Criminal Law, International Law
Page Range:642-648
No. of Pages:7
Keywords:genetics; jurisprudence; genetic discrimination; legal aspects; protection against discrimination act
Summary/Abstract:The place of genetics in jurisprudence is usually considered in two aspects: the relationship of genetic material to a crime scene and the tests for establishing parentage. It is logical to assume that these two aspects are of fundamental importance, but a more detailed analysis reveals many others that directly affect the relationship between genetics and law. The international projects implemented in the field of genetic discrimination, as well as the establishment of a comprehensive information database on genetic discrimination serve as a basis for a thorough analysis of issues related to discrimination on the basis of the human genome of persons whose actions or omissions may lead to genetic discrimination. Unequal treatment on the basis of genetic characteristics is an issue that is still not well enough known in Bulgarian society. Internationally, the discussion of genetic discrimination is usually carried out by an interdisciplinary team including a proportionate number of specialists in different fields. This practice is also adopted in our country, where it is noticeable that there is a discrepancy in the proportional participation of specialists from medical and legal backgrounds. In order to change this ratio, and to make it possible for a wider range of legal professionals to provide legal assistance to potential and/or current victims of genetic discrimination, a more thorough knowledge of the characteristics and manifestations of genetic discrimination is needed, which will lead not only to adequate protection, but to a large extent to the prevention of this type of discrimination.

Правата на пациента в международното право

Правата на пациента в международното право
(The Patients' Rights in the International Law)

Author(s):Maria Radeva
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law, EU-Legislation
Page Range:649-659
No. of Pages:11
Keywords:patients' rights; human rights; legal practice; legislation; bill; harmonization
Summary/Abstract:Patients' rights and rights in healthcare more broadly, derive from the fundamental concept of human rights. The application of human rights in health care means that everyone has equal rights to health without discrimination, and state authorities have an obligation to respect, protect and fulfil the human rights of their citizens. The connection between fundamental human rights and health rights is also evident in legal practice. The right to life is a fundamental and inalienable right of every human being. It is enshrined in a number of international acts and in the Bulgarian Constitution and is further developed in a series of domestic law norms. The right to life is directly related to the right to a dignified life and quality healthcare. Despite the differences in national legislations, the idea of an explicit regulation of patient's rights, separated from the general idea of human rights, is gaining international acceptance. Over the past decade, a number of bills relating to patients' rights have also been introduced in Bulgaria. Despite the lack of a specific law regulating patients' rights, the legal norms in force show an aspiration of Bulgarian legislation to harmonise with the highest European standards of quality in the provision of medical care.

Mutual Recognition of Orders to Freeze and Confiscate Criminal Assets in the European Union

Mutual Recognition of Orders to Freeze and Confiscate Criminal Assets in the European Union
(Mutual Recognition of Orders to Freeze and Confiscate Criminal Assets in the European Union)

Author(s):Todor Kolarov
Language:English
Subject(s):Law, Constitution, Jurisprudence, Criminal Law, International Law, EU-Legislation
Page Range:660-667
No. of Pages:8
Keywords:transnational organized crime; EU; illegally gained assets; EU standards; legal framework
Summary/Abstract:From the beginning of the 90-ies of the 20-th century transnational organized crime is a hot topic in the public debate, political and scientific circles in EU Member States, as European integration, along with its numerous positive changes, provided opportunity for organized crime to move freely and transfer its illegally gained assets much easier. Part of this debate is what the most effective mechanism to successfully curb organized crime is. In the contemporary international theory and practice it is established that confiscation of illegally gained assets is a key instrument in the anti-organized crime toolbox. Below I present international and EU level initiatives and policy/legislative actions to promote mutual recognition of the freezing and confiscation of criminal assets, focusing in particular on the Framework Decision 2003/577/JHA on the execution in the European Union of orders freezing property or evidence and Framework Decision 2006/783/JHA on the application of the principle of mutual recognition to confiscation orders, as amended by Framework Decision 2009/299/JHA amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial.

Смарт регулирането в Европейския съюз

Смарт регулирането в Европейския съюз
(Smart Regulation in the European Union)

Author(s):Tony Dimov
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, International Law, EU-Legislation
Page Range:668-677
No. of Pages:10
Keywords:smart regulation; legislation; quality; lawmaking process; EU
Summary/Abstract:Smart regulation, as a policy of the European Union (EU), aiming to formulate the main trends in the future development of EU law and to point out new approaches and tools in the development of its legislation, is completely unexplored in Bulgaria. The main trends in the development of EU law today are related to its simplification, transparency and comprehensibility. They are aimed at achieving the general objective of bringing Union law closer to its citizens. In general, the current new priorities in EU law are about shifting the focus from quantity to quality in new legislation. From this point of view, smart regulations are the latest tools that define the framework and the horizons for the development of EU law over the next few years. It can also be defined as the new current in the whole process of EU lawmaking process, which currently represents a high point in the evolution of views on the most appropriate legal regulation at Union level.

"Отказ" или съвместно упражняване на суверенитет от държавите-членки в рамките на Европейския съюз

"Отказ" или съвместно упражняване на суверенитет от държавите-членки в рамките на Европейския съюз
(“Renunciation” or Joint Exercise of Sovereignty by Member States within the European Union)

Author(s):Yulian Komsalov
Language:Bulgarian
Subject(s):Law, Constitution, Jurisprudence, International Law, EU-Legislation
Page Range:678-687
No. of Pages:10
Keywords:renunciation; EU; sovereignty; informational presentation; integration process; Treaty on European Union
Summary/Abstract:The European continent was the scene of numerous conflicts that lasted without interruption until the end of the 20th century. This has an impact both on conceptions of international order and on citizens' views of the role of their state in international relations. The fear of losing sovereignty and creating the possibility of losing a nation's identity in a united Europe has not been overcome. In times of crisis, such as the current one, these sentiments stand out even more strongly among voters. Overcoming the existing situation is not particularly helped by the fact that the EU project in its current form - the TEU and TFEU and the acquis of EU law - has never been clear to the individual voter. An important task for the political leadership, both at Member State and EU level, is to find a way to compensate for this gap and lack of communication between the EU and voters in individual Member States. This mistrust, in turn, is the basis for speculation by certain political circles in the Member States about the 'loss' or 'renunciation' of sovereignty within the EU for individual countries. While such a 'renunciation' or 'loss' has no basis in the TEU or the TFEU, until the problem of the informational presentation of the nature of the EU to the electorate is resolved, such speculation has had and will continue to have an adverse impact on the integration process within the Union.

Правото - изкуство за доброто и справедливото. 20 години Юридически факултет Law - Art for the Good and the Fair. 20 years Faculty of Law

Поглед към прилагането на административнопроцесуалния кодекс

Поглед към прилагането на административнопроцесуалния кодекс (A Look at the Application of the Code of Administrative Procedure)

Маловажен случай в административното наказване

Маловажен случай в административното наказване (Minor Administrative Violation in the Administrative Sanction)

Похвално слово за правото

Похвално слово за правото (A Word of Praise for the Law)

Правно положение на лицата без гражданство в Република България

Правно положение на лицата без гражданство в Република България (Legal Status of Stateless Persons in the Republic of Bulgaria)

Правни проблеми при оспорване решенията на общинска избирателна комисия за предсрочно прекратяване на пълномощията на кметовете

Аргументи в подкрепа на нормата на чл. 24 от отменения Закон за върховния административен съд

Аргументи в подкрепа на нормата на чл. 24 от отменения Закон за върховния административен съд (Arguments in Support of the Norm of Article 24 of the Repealed Supreme Administrative Court Act)

Прекратяване на процедура за възлагане на обществена поръчка

Прекратяване на процедура за възлагане на обществена поръчка (Termination of a Public Procurement Procedure)

Изискването за съобразяване с целта на закона при издаване на административния акт в практиката на Върховния административен съд

Актът за прихващане и възстановяване

Актът за прихващане и възстановяване (The Instrument of Offsetting or Refunding)

Анализ на чл. 7А от преходните и заключителни разпоредби на Закона за защитените територии

Анализ на чл. 7А от преходните и заключителни разпоредби на Закона за защитените територии (Analysis of § 7a of the Transitional and Final Provisions of the Protected Areas Act)

Неосъществените поправки в конституцията на Република България

Неосъществените поправки в конституцията на Република България (Pending Amendments to the Constitution of the Republic of Bulgaria)

Съдебен контрол върху конституционността на законите в Република Гърция

Съдебен контрол върху конституционността на законите в Република Гърция (Judicial Review of Constitutionality of Laws in the Republic of Greece)

Погасяването по давност на частни вземания при действието на Конституцията на Република България от 1991 г.

Процесуалноправни аспекти на производството по проверка законността на избори пред Конституционния съд

Основни (конституционни) права. Индивидуалната конституционна жалба като ефикасен съвременен метод за защитата и закрилата им

За или против конституционната жалба?

За или против конституционната жалба? (For or Against the Constitutional Complaint?)

Римскоправната традиция в европейското право

Римскоправната традиция в европейското право (Roman-Law Tradition in European Law)

За правото като "изкуство за доброто и справедливото"

За правото като "изкуство за доброто и справедливото" (About the Law as “Art of the Good and the Fair”)

Понятие за добро и справедливо

Понятие за добро и справедливо (Concept of the Good and the Fair)

Относно принципа за непосредствено действие на разпоредбите на българската конституция от 1991 г.

Относно принципа за непосредствено действие на разпоредбите на българската конституция от 1991 г. (On the Principle of Direct Effect of the Provisions of Bulgarian Constitution of 1991)

Правна защита на лечебните растения

Правна защита на лечебните растения (Legal Protection of Medicinal Plants)

Законопроектът за административното правосъдие - първи идеи, дискусии и подготовка

Законопроектът за административното правосъдие - първи идеи, дискусии и подготовка (The Administrative Justice Act – First Ideas, Discussions and Preparation)

По въпроса за приемането на Закона за защита на нацията

По въпроса за приемането на Закона за защита на нацията (On the Issue of the Adoption of the Law for Protection of the Nation)

Разпоредби за чародейства и магии в Разложкия ръкопис

Разпоредби за чародейства и магии в Разложкия ръкопис (Provisions for Enchantments and Magic in the Razlog Manuscript)

Закон за защита на държавата

Закон за защита на държавата (State Protection Law)

Good and just corporate compliance

Good and just corporate compliance (Good and just corporate compliance)

Характеристика на вписването в имотния регистър

Характеристика на вписването в имотния регистър (Characteristics on the entry in property register)

Проблемът "удължено събитие" при непозволено увреждане

Проблемът "удължено събитие" при непозволено увреждане (On the Extended Event in Tort Liability)

За управлението на юридическите лица

За управлението на юридическите лица (On the management of legal persons)

Въпроси на командитното дружество с акции

Въпроси на командитното дружество с акции (The partnership limited by shares)

Преценката за наличие на нищожност и унищожаемост на договорите, която се извършва при претендирана унищожаемост

Правото на изкупуване на недвижими имоти в България

Правото на изкупуване на недвижими имоти в България (The right of redemption for immovables in Bulgaria)

Задължението за връщане на получено без основание от недееспособен

Задължението за връщане на получено без основание от недееспособен (The obligation of incapable recipient to return undue performance)

Отговорност за недостатъци при договора за замяна

Отговорност за недостатъци при договора за замяна (Liability for defects in barter contract)

Договаряне със себе си без съгласие на представлявания

Договаряне със себе си без съгласие на представлявания (Contracting of the agent with himself without principal’s approval)

За правното значение на споразумение, сключено в процедура по медиация

За правното значение на споразумение, сключено в процедура по медиация (Legal effect of compromise settlement reached via mediation)

Подобренията при развален договор между собственик на земята и строителя - суперфициар

Подобренията при развален договор между собственик на земята и строителя - суперфициар (The termination of the contract which establish a right in rem to build on another’s land and the improvements)

Тежестта на доказване на оставането без работа след незаконно уволнение на работник или служител

Тежестта на доказване на оставането без работа след незаконно уволнение на работник или служител (The burden of proof of being left unemployed after a wrongful dismissal of a worker or an employee)

За основанието при неоснователното обогатяване между съпрузи

За основанието при неоснователното обогатяване между съпрузи (On the cause in case of unjust enrichment between spouses)

Разваляне на договора за лизинг според съдебната и арбитражната практика

Разваляне на договора за лизинг според съдебната и арбитражната практика (Cancellation of the lease contract as per the court and arbitration practice)

Относителната недействителност - правно средство за противодействие на злоупотребата с право?

Относителната недействителност - правно средство за противодействие на злоупотребата с право? (Relative invalidity – a legal means to counter the abuse of right?)

Обществената опасност по българското наказателно право

Обществената опасност по българското наказателно право (Public danger under bulgarian criminal law)

Европейска стратегия за електронно правосъдие

Правото - изкуство за доброто и справедливото. 20 години Юридически факултет
Law - Art for the Good and the Fair. 20 years Faculty of Law

Поглед към прилагането на административнопроцесуалния кодекс
(A Look at the Application of the Code of Administrative Procedure)

Маловажен случай в административното наказване
(Minor Administrative Violation in the Administrative Sanction)

Похвално слово за правото
(A Word of Praise for the Law)

Правно положение на лицата без гражданство в Република България
(Legal Status of Stateless Persons in the Republic of Bulgaria)

Аргументи в подкрепа на нормата на чл. 24 от отменения Закон за върховния административен съд
(Arguments in Support of the Norm of Article 24 of the Repealed Supreme Administrative Court Act)

Прекратяване на процедура за възлагане на обществена поръчка
(Termination of a Public Procurement Procedure)

Актът за прихващане и възстановяване
(The Instrument of Offsetting or Refunding)

Анализ на чл. 7А от преходните и заключителни разпоредби на Закона за защитените територии
(Analysis of § 7a of the Transitional and Final Provisions of the Protected Areas Act)

Неосъществените поправки в конституцията на Република България
(Pending Amendments to the Constitution of the Republic of Bulgaria)

Съдебен контрол върху конституционността на законите в Република Гърция
(Judicial Review of Constitutionality of Laws in the Republic of Greece)

За или против конституционната жалба?
(For or Against the Constitutional Complaint?)

Римскоправната традиция в европейското право
(Roman-Law Tradition in European Law)

За правото като "изкуство за доброто и справедливото"
(About the Law as “Art of the Good and the Fair”)

Понятие за добро и справедливо
(Concept of the Good and the Fair)

Относно принципа за непосредствено действие на разпоредбите на българската конституция от 1991 г.
(On the Principle of Direct Effect of the Provisions of Bulgarian Constitution of 1991)

Правна защита на лечебните растения
(Legal Protection of Medicinal Plants)

Законопроектът за административното правосъдие - първи идеи, дискусии и подготовка
(The Administrative Justice Act – First Ideas, Discussions and Preparation)

По въпроса за приемането на Закона за защита на нацията
(On the Issue of the Adoption of the Law for Protection of the Nation)

Разпоредби за чародейства и магии в Разложкия ръкопис
(Provisions for Enchantments and Magic in the Razlog Manuscript)

Закон за защита на държавата
(State Protection Law)

Good and just corporate compliance
(Good and just corporate compliance)

Характеристика на вписването в имотния регистър
(Characteristics on the entry in property register)

Проблемът "удължено събитие" при непозволено увреждане
(On the Extended Event in Tort Liability)

За управлението на юридическите лица
(On the management of legal persons)

Въпроси на командитното дружество с акции
(The partnership limited by shares)

Правото на изкупуване на недвижими имоти в България
(The right of redemption for immovables in Bulgaria)

Задължението за връщане на получено без основание от недееспособен
(The obligation of incapable recipient to return undue performance)

Отговорност за недостатъци при договора за замяна
(Liability for defects in barter contract)

Договаряне със себе си без съгласие на представлявания
(Contracting of the agent with himself without principal’s approval)

За правното значение на споразумение, сключено в процедура по медиация
(Legal effect of compromise settlement reached via mediation)

Подобренията при развален договор между собственик на земята и строителя - суперфициар
(The termination of the contract which establish a right in rem to build on another’s land and the improvements)

Тежестта на доказване на оставането без работа след незаконно уволнение на работник или служител
(The burden of proof of being left unemployed after a wrongful dismissal of a worker or an employee)

За основанието при неоснователното обогатяване между съпрузи
(On the cause in case of unjust enrichment between spouses)

Разваляне на договора за лизинг според съдебната и арбитражната практика
(Cancellation of the lease contract as per the court and arbitration practice)

Относителната недействителност - правно средство за противодействие на злоупотребата с право?
(Relative invalidity – a legal means to counter the abuse of right?)

Обществената опасност по българското наказателно право
(Public danger under bulgarian criminal law)

Европейска стратегия за електронно правосъдие
(European e-justice strategy)

Последните промени в наказателното законодателство
(Recent changes in criminal law)

Ex lege discriminatio: опит за ревизия на правното регулиране на проституцията в България
(Ex Lege Discriminatio: An attempt to revise the legal regulation of prostitution in Bulgaria)

Европейска заповед за арест
(European arrest warrant)

Значение на общественоопасните последици за обосноваване на наказателната отговорност
(Definition for publicly dangerous consequences of the crime - significance, characteristics)

Доказване на извършено домашно насилие
(Evidence of domestic violence)

Russia, Chechnya and the Geneva Conventions, 1994-2006: Norms and the Problem of Internalization
(Russia, Chechnya and the Geneva Conventions, 1994-2006: Norms and the Problem of Internalization)

Legal Vocabularies, Policy-Writing, and Political Rhetoric as Post-Communist Challenges in Global and Local Context in Southeastern Europe
(Legal Vocabularies, Policy-Writing, and Political Rhetoric as Post-Communist Challenges in Global and Local Context in Southeastern Europe)

EMU and euro crisis: The art of good and fair?
(EMU and euro crisis: The art of good and fair?)

Energy and Bulgaria: Moving from the Geopolitical edge to the Middle?
(Energy and Bulgaria: Moving from the Geopolitical edge to the Middle?)

Отношението "право на Европейския съюз - международно право" в практиката на Съда на ЕС
(The Relationship between EU Law and International Law in the practice of the Court of Justice of the EU)

Създаване на демократични конституции в Източна Европа в годините на преход
(Making Democratic Constitutions in Eastern Europe in the Years of Transition)

Предизвикателствата пред съвременното българско международно частно право
(The Challenges Facing the Contemporary Bulgarian Private International Law)

Проблематичната двойственост на режима на защита на правата на човека в ЕС след Лисабон
(The Problematic Duality of the Human Rights Protection Regime in the EU post Lisbon Treaty)

За понятието "морски пространства"
(On the Concept of “Maritime Spaces”)

Ролята на мироопазващата операция на ЕС "Алтея" за съхраняването на сигурна среда на Балканите
(The Role of the EU Peacekeeping Operation “ALTHEA” in Maintaining a Secure Environment in the Balkans)

Международноправен статус на детето
(International Legal Status of the Child)

Генетични характеристики като основание за дискриминация
(Genetic Characteristics as a Ground for Discrimination)

Правата на пациента в международното право
(The Patients' Rights in the International Law)

Mutual Recognition of Orders to Freeze and Confiscate Criminal Assets in the European Union
(Mutual Recognition of Orders to Freeze and Confiscate Criminal Assets in the European Union)

Смарт регулирането в Европейския съюз
(Smart Regulation in the European Union)

"Отказ" или съвместно упражняване на суверенитет от държавите-членки в рамките на Европейския съюз
(“Renunciation” or Joint Exercise of Sovereignty by Member States within the European Union)