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Правото в XXI век
The Law in the 21st Century

Challanges and Perspectives

Contributor(s): Angel Shopov (Editor)
Subject(s): Law, Constitution, Jurisprudence, History of Law, Constitutional Law, Criminal Law, Civil Law, International Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: law; 21st century; challenges; perspectives; theory and history of law; civil law studies; public law studies; criminal law studies; international law studies
Summary/Abstract: In 2022, the academic community celebrated 30 years since the establishment of the Law Faculty at Paisii Hilendarski University of Plovdiv.We are proud to confirm that today the Faculty is recognized as one of the leading national educational and research institutions in the field of law.The anniversary was marked by many events organized throughout 2022. Two of them were the key events, which took place on 13 and 14 October 2022 - the Award Ceremony of the Honorary Degree of Doctor Honoris Causa of the Universityof Plovdiv and the International Scientific Conference Law in the 21st Century – Challenges and Perspectives. The following pages provide more information on these events. The reader will find the collected conference papers in all fields of legal research - theory and history of law; civil law studies; public law studies; criminal law studies and international law studies.

  • Print-ISBN-13: 978-619-202-904-3
  • Page Count: 467
  • Publication Year: 2023
  • Language: English, Bulgarian
За публичното право в XXI век

За публичното право в XXI век
(On Public Law in the XXI Century)

  • Author(s):Maria Slavova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:11-17
  • No. of Pages:7
  • Keywords:public law; private law; power; internal procurement; digital world
  • Summary/Abstract:Public law regulates relations between the state and its bodies, citizens and their organizations using an authoritarian method. However, the perspective of power relations is being deformed in the digital world and traditional roles are blurring into a new arrangement. Authoritarian legal relations are reduced to conditionally equal ones, and public actors are replaced by quasi-public, private or outright virtual entities.
  • Price: 4.50 €
Националната държава в променящия се свят

Националната държава в променящия се свят
(The Nation-State in a Changing World)

  • Author(s):Veselin Hristov Tsankov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, International Law
  • Page Range:18-34
  • No. of Pages:17
  • Keywords:nation-state; changing world; challenges
  • Summary/Abstract:The fate of the nation-state and its future in human development is one of the topical issues on the agenda in Europe. This significant issue is influenced by internal phenomena and processes as well as globalization. It should be noted the significant change as a result of the war in Ukraine in 2022, the redistribution of world powers, the new unification and integration processes and the impact of all this on individual nation-states.
  • Price: 4.50 €
Относно промяната във формата на държавно управление на Република България

Относно промяната във формата на държавно управление на Република България
(On the Change in the Form of Government of the Republic of Bulgaria)

  • Author(s):Hristo Paunov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Constitutional Law
  • Page Range:35-43
  • No. of Pages:9
  • Keywords:Constitution of the Republic of Bulgaria; form of state; public authority; constitutional model
  • Summary/Abstract:The form of the state is the model of the organization and the realization of public authority. It can be defined as a way of integrating the state-forming elements (territory, people and power) into a complete device of the state, as a result of which it acquires its own specific appearance. The form of the State can be defined as the constitutional law order in the State. The classic division of the forms of the state subdivides them into two main categories. This report will examine the form of government in the Republic of Bulgaria with its specifics and characteristic features. The mechanism by which changes in the form of state government can be made according to the modern constitutional model in Bulgaria will also be presented.
  • Price: 4.50 €
Към въпроса за статуса на членовете на инспектората към Висшия съдебен съвет

Към въпроса за статуса на членовете на инспектората към Висшия съдебен съвет
(On the Status of the Members of the Inspectorate to the Supreme Judicial Council)

  • Author(s):Zornitsa Yordanova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Constitutional Law
  • Page Range:44-57
  • No. of Pages:14
  • Keywords:Inspectorate; Supreme Judicial Council; Constitutional Court
  • Summary/Abstract:In decision 12 of 27.09.2022, the Constitutional Court of the Republic of Bulgaria gave an interpretation of the wording of Art.132a of the Constitution, stating that upon the expiry of their term of office the Inspector General and the Inspectors in the Inspectorate to the Supreme Judicial Council continue to exercise their functions until the election of new members of the Inspectorate by the National Assembly. In the paper, the author presents some reasoning on the case and makes suggestions for constitutional amendments concerning the legal status of the members of the Inspectorate.
  • Price: 4.50 €
Пряк достъп на гражданите до конституционно правосъдие - De Lege Ferenda

Пряк достъп на гражданите до конституционно правосъдие - De Lege Ferenda
(Direct Access of Citizens to Constitutional Justice - De Lege Ferenda)

  • Author(s):Radoslava Yankulova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Court case
  • Page Range:58-65
  • No. of Pages:8
  • Keywords:constitutional justice; direct access; constitutional complaint
  • Summary/Abstract:The article focuses on the matter of the legal concept of constitutional complaint missing in Bulgaria. The author puts research efforts into exploiting the potential of the Bulgarian Constitutional Court in line with the established European standards, by providing arguments to maintain the understanding of the proven need for something more in the protection of the citizens’ constitutional rights, i.e. for the ripe need to introduce the constitutional complaint as a functioning legal instrument in Bulgaria. The emphasis is put on the outline of a Bulgarian version of a constitutional complaint which, when incorporated in the positive legal order in the future, will position our country right next to countries with traditions in constitutional justice where this legal concept has been established as a legal standard and where there is rich case-law in its application.
  • Price: 4.50 €
Правилникът за организацията и дейността на общинския съвет

Правилникът за организацията и дейността на общинския съвет
(The Municipal Council Rules of Procedure)

  • Author(s):Vasil Petrov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Administrative Law
  • Page Range:66-75
  • No. of Pages:10
  • Keywords:local self-government; municipal council; transparency; citizen control
  • Summary/Abstract:The paper discusses the legal nature of the municipal council rules of procedure in the Republic of Bulgaria. Also the legal nature of the rules of procedure as secondary legislation is studied. The development of the provisions of the Local Self-Government and Local Administration Act related to the municipal council rules of procedure is analyzed. Attention is paid to the case law of the courts and the relevant provisions of the European Charter of Local Self-Government. A few perspectives faced by the municipal council rules of procedure that could improve the local self-government are suggested.
  • Price: 4.50 €
Правни характеристики на общинските програми за чистота на въздуха

Правни характеристики на общинските програми за чистота на въздуха
(Legal Characteristics of Municipal Clean Air Programs)

  • Author(s):Mihaela Dotsova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Administrative Law
  • Page Range:76-82
  • No. of Pages:7
  • Keywords:municipal council; municipal clean air programs; administrative act; legal characteristics
  • Summary/Abstract:The law defines that in cases where the mass of emissions in a given area leads to exceeding the pollutant norms, mayors of municipalities develop and Municipal Councils accept Municipal Clean Air Programmes. Those programs are important because some of their aims are to ensure healthy environment and to prevent harm to human health. On the other hand, the municipal programs cause public interest whether the measures are enough to achieve aim of programs.
  • Price: 4.50 €
"Председателският съвет" в правилника за организацията и дейността на Общинския съвет, неговите комисии и взаимодействието му с общинската администрация

"Председателският съвет" в правилника за организацията и дейността на Общинския съвет, неговите комисии и взаимодействието му с общинската администрация
("The Presiding Council" in the Regulations on the Organization and Activity of the Municipal Council, Its Committees and Its Interaction with the Municipal Administration)

  • Author(s):Dian Dunev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Court case, Administrative Law
  • Page Range:83-88
  • No. of Pages:6
  • Keywords:municipal council; presiding council; competences; functions; legality; case-law
  • Summary/Abstract:The present report aims to examine and analyze the competences of the Municipal Council to establish ‘The Presiding Council’ with its respective functions regulated in the Regulations on the Organization and Activities of the Local Self-government Body. For this purpose, an analysis of the existing case-law of the administrative courts and the Supreme Administrative court has been made. The figure of ‘The Presiding Council’, which is not regulated in the Local Self-Government and Local Administration Act, is examined through the prism of legality requirements.
  • Price: 4.50 €
Компетентност на административните съдилища

Компетентност на административните съдилища
(Competence of Administrative Courts)

  • Author(s):Darina Zinovieva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Court case, Administrative Law
  • Page Range:89-94
  • No. of Pages:6
  • Keywords:administrative court; jurisdiction; constitutional court; administrative procedural code; history
  • Summary/Abstract:The article analyzes the competence of the administrative courts in Bulgaria, considering the scope of jurisdiction of the types of cases in three stages according to the compliance with three constitutions, including the current one. The focus is on a pressing problem, the subject of case No.1of 2022 of the Constitutional Court of the Republic of Bulgaria.
  • Price: 4.50 €
Какъв именно е правният интерес от оспорване при организациите - до каква степен е пряк и личен?

Какъв именно е правният интерес от оспорване при организациите - до каква степен е пряк и личен?
(What Exactly is the Legal Interest in Contesting the Organizations - To What Extent is it Direct and Personal?)

  • Author(s):Boyan Todorov Georgiev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Administrative Law
  • Page Range:95-106
  • No. of Pages:12
  • Keywords:legal interest; administrative act; administrative dispute; public organizations; court trial
  • Summary/Abstract:The legal interest is the relationship between the disputant and the legal consequences caused by the administrative act. Legal interest is a necessary material precondition for the existence of an administrative dispute and a necessary procedural precondition for referring the dispute to court. The disputant must have a legal interest to attack the relevant act, but how direct and personal must it be? May the legal interest be individual and collective?
  • Price: 4.50 €
Искът по чл. 128А от АПК като субсидиарно правно средство за защита срещу нищожността на съдебния акт - решение или определение, с което се прегражда по-нататъшното развитие на производството

Искът по чл. 128А от АПК като субсидиарно правно средство за защита срещу нищожността на съдебния акт - решение или определение, с което се прегражда по-нататъшното развитие на производството
(The Claim Under Article 128A of the Administrative Procedure Code as a Subsidiary Legal Remedy Against the Nullity of the Judicial Act - A Decision or a Ruling, Barring the Further Development of the Proceedings)

  • Author(s):Tanya Daskalova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Administrative Law
  • Page Range:107-122
  • No. of Pages:16
  • Keywords:claim; validity; nullity; decisions and rulings; declaratory; subsidiary
  • Summary/Abstract:The purpose of this paper is to clarify the legal nature and outline the field of application of the claim under Article 128a of the Administrative Procedure Code. The claim under Article 128a is a particular legal remedy against the nullity of decisions and rulings, barring the further development of proceedings. The nullity is a serious defect of the judicial act, which is related to violations of the requirements for its validity. A null and void decision does not create legal consequences, but creates a fictitiousness of acknowledged and adjudicated rights. When the decision is considered null and void, the court declares its nullity. The claim for annulment of decisions and rulings, issued by the administrative courts and the Supreme Administrative Court, is declaratory in nature and as such is not subject to deadline. The claim is a subsidiary legal remedy against the nullity of the judicial act. It is admissible when the issue of the nullity of the judgment has not been a subject of judicial review. The claim under Article 128a may be defined as an extraordinary means of control regarding the validity of legal acts that entered into force.
  • Price: 4.50 €
Фискална власт и данъчно правосъдие

Фискална власт и данъчно правосъдие
(Fiscal Authority and Tax Justice)

  • Author(s):Ivan Stoyanov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:123-147
  • No. of Pages:25
  • Keywords:taxes; authority; justice
  • Summary/Abstract:The efforts of legal scholars have been focused on the study of administrative justice issues. Tax justice remains a gap in legal doctrine. It is proposed that Article 122 of the Tax and Insurance Procedure Code be declared unconstitutional. It is concluded that quality tax justice implies quality tax laws.
  • Price: 4.50 €
Субекти на отговорността за чужд данъчен дълг

Субекти на отговорността за чужд данъчен дълг
(Subjects of Liability for Foreign Tax Debt)

  • Author(s):Krasimir Mutafov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Commercial Law, Court case
  • Page Range:148-164
  • No. of Pages:17
  • Keywords:TIPC; liability for foreign tax debt; subjects
  • Summary/Abstract:This report focuses on the subjects of liability for foreign tax debt, regulated in the provision of Article 19 of the TIPC, and is not intended to be exhaustive. A brief analysis of the matter related to the legal framework of the individuals who can be constituted as bearers of this type of legal responsibility – specific to tax law – has been made. The thesis that sole proprietors also fall into this category of individuals is substantiated, and the relevant case law of the Supreme Administrative Court has been examined.
  • Price: 4.50 €
Отговорност за нарушения на финансовото законодателство

Отговорност за нарушения на финансовото законодателство
(Liability for Violations of Financial Legislation)

  • Author(s):Valentina Aleksandrova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law
  • Page Range:165-177
  • No. of Pages:13
  • Keywords:legal liability; violation of financial regulation; legal sanctions
  • Summary/Abstract:Two aspects are clearly distinguished while formulating the issue of liability for violation of financial legislation: the first one concerns the answer to the question whether the concept of violation of financial legislation exists or not? The second one concerns the answer to the question - how is liability for financial violations realized, if the answer to the first question is positive? This issue appears to be complex enough, because an answer must be given to the question whether this liability can be considered as one of the liabilities traditionally distinguished in the legal theory, or there are grounds for considering a specific type of legal liability – financial and legal liability.
  • Price: 4.50 €
Право на достъп до здравна грижа на хората с редки заболявания

Право на достъп до здравна грижа на хората с редки заболявания
(Right of Access to Health Care for People with Rare Diseases)

  • Author(s):Antonia Ilieva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, Sociology, Health and medicine and law
  • Page Range:178-187
  • No. of Pages:10
  • Keywords:orphan medicinal products; rare diseases; medical provision
  • Summary/Abstract:In the last decade of the twenty-first century, there has been a tendency of sharp increase in the number of diagnoses registered in the List of Rare Diseases in the Republic of Bulgaria. This trend brings to the fore a number of important issues regarding the availability of medical resources and knowledge related to these diseases, patient access to modern methods of treatment and timely provision of medical assistance. There is also a significant problem with access to orphan medicinal products, which most often turn out to be suitable for controlling the condition of a patient suffering from such a disease.
  • Price: 4.50 €
Правни аспекти на медицинското изделие като част от пациентската безопасност

Правни аспекти на медицинското изделие като част от пациентската безопасност
(Legal Aspects of the Medical Device as Part of Patient Safety)

  • Author(s):Emilia Angelova-Hovagimyan
  • Language:Bulgarian
  • Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Sociology, Health and medicine and law
  • Page Range:188-197
  • No. of Pages:10
  • Keywords:patient; patient safety; medical device; health
  • Summary/Abstract:A person’s health is the most valuable good that can be given to him. Under certain circumstances, however, a different medical device can be an opportunity for a more fulfilling life. In this regard, a medical device is part of the work of medical professionals and it must meet certain qualities in order to ensure the safety and well-being of the patient. The control in Bulgaria of medical devices is carried out by the Bulgarian Drugs Agency. Part of the agency’s powers are to place medical devices on the market or those that are in operation, as well as to suspend medical devices from being used through its issued orders.
  • Price: 4.50 €
Предизвикателства и перспективи при определяне на приложимото законодателство по смисъла на дял II от регламент №833/2004 в условията на работа от разстояние или хибридна работа

Предизвикателства и перспективи при определяне на приложимото законодателство по смисъла на дял II от регламент №833/2004 в условията на работа от разстояние или хибридна работа
(Challenges and Prospects in Determining Applicable Legislation within the Meaning of Title II of Regulation (EC) №833/2004 in Remote Working Conditions or Hybrid Work)

  • Author(s):Siyana Dimitrova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation, Administrative Law
  • Page Range:198-203
  • No. of Pages:6
  • Keywords:applicable legislation; telework; Member State; social security systems; legal framework; guidelines
  • Summary/Abstract:This report addresses some challenges in determining applicable legislation within the meaning of Title II of Regulation (EC) No 883/2004 in remote working conditions or hybrid work and the prospects for applying the legal framework in relation to the guidelines given by the European Union (EU) in Administrative Commission for the Coordination of Social Security Systems Note AC125/22REV2. The COVID-19 crisis has changed the world, but it has also thoroughly changed our way of working, workplace and the employer-employee relationship. How has work changed during the global pandemic, and what will it look like in the future? People quickly figured out how to work from home. Тhe prevalence of telework has significantly increased across the world, including Europe. This, surely, applies to those employees who work across borders as well. These people no longer perform some or any of their activities in the Member State in which their employer is established, instead, they work/ed online in the Member State in which they reside, or in another Member State. Administrative legal regime concerning the coordination of Social Security Systems and application of the related Regulations faced a new challenge. Taking into account the need to assess the general interpretation of the existing legal framework, the European union (EU), by Note АС 125/22 REV2, introduced new guidelines on the application of social security systems for people, who work remotely and the application of policies for telework or hybrid work. Finding and implementing successful working patterns during the time of global crisis turned out to be not only a solution today (de lege lata), but also a prospect for a better solution tomorrow (de lege ferenda), because according to a number of researches the future belongs to the remote and hybrid work and it is supposed to remain part of the working patterns of many employees and companies with such policies to be rated as a preferred employer.
  • Price: 4.50 €
Отново за концепцията за наказателната политика 2020 - 2025

Отново за концепцията за наказателната политика 2020 - 2025
(Again on the Criminal Policy 2020 - 2025)

  • Author(s):Maria Mihaylova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law
  • Page Range:207-213
  • No. of Pages:7
  • Keywords:Criminal Policy Concept 2020 – 2025
  • Summary/Abstract:One of the most important tasks of any society is to find the balance in criminal law regulation to ensure the social legitimacy of the substantive criminal law system by creating compliance between the rule of law and justice as a social value regulator.
  • Price: 4.50 €
Престъплението като обект на наказателноправно и криминалистическо познание

Престъплението като обект на наказателноправно и криминалистическо познание
(Crime as an Object of Criminal Law and Forensic Knowledge)

  • Author(s):Yonko Kunchev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law
  • Page Range:214-232
  • No. of Pages:19
  • Keywords:Crime; Manner of Crime; Mechanism of Crime; Behavioral Analysis; Causation; Criminal Law; Forensic Science
  • Summary/Abstract:Criminal law and forensic knowledge have a common object - crime, but a different subject. In criminal law aspect crime is examined from the point of view of the Criminal Code, and in forensics - as a source of information for its detection. The two sciences examine the causal relationship between the crime and its outcome, but from different perspectives. Criminal knowledge is focused on the criminal result as a socially dangerous consequence, and forensic knowledge on another of its results - the traces of the crime. Forensic Science supports the practice of uncovering the perpetrator and proving his involvement in the crime, and criminal law science - to resolve the issue of his guilt and criminal liability.
  • Price: 4.50 €
Правна същност и прилагане на малозначително деяние по чл. 9, ал. 2 от Наказателния кодекс

Правна същност и прилагане на малозначително деяние по чл. 9, ал. 2 от Наказателния кодекс
(On the Notion of Insignificant Act Under Art. 9 of the Criminal Code)

  • Author(s):Antoniy Gatov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Court case
  • Page Range:233-244
  • No. of Pages:12
  • Keywords:insignificant act; criminal law; criminal code; public danger; criminal repression
  • Summary/Abstract:The following article examines the issues in conjunction with the legal nature and application of ‘insignificant act’ – a legal norm that can be considered essential for the proper functioning of the Bulgarian criminal justice system. The main goal of this paper is to bring some clarity to the aspects of the examined regulation. In order to achieve this, various standpoints of renowned experts in the legal doctrine as well as some of the relevant case law have been examined. Finally, the position of the author has been stated as a conclusion.
  • Price: 4.50 €
Историческо развитие на системата на наказанията

Историческо развитие на системата на наказанията
(Historical Development of the Punishment System)

  • Author(s):Silvia Stoyanova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, History of Law, Criminal Law
  • Page Range:245-254
  • No. of Pages:10
  • Keywords:system of punishments; Hammurabi; Bible; punishments; first laws
  • Summary/Abstract:The paper examines the characteristic features and analysis of the Punishment System in a historical-legal aspect from the beginning of the first written laws of Ancient Babylon (about 2000 years BC) and its ruler Hammurabi. The paper then examines the Punishment System in the Bible, specifically in the Old Testament, as well as the relationship and similarities between the two systems.
  • Price: 4.50 €
Проблеми при прилагане на давността по чл. 227Б НК

Проблеми при прилагане на давността по чл. 227Б НК
(Problems in Applying the Limitation Period Under Art. 227B of Criminal Code)

  • Author(s):Petya Hadzhiyska
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Court case
  • Page Range:255-259
  • No. of Pages:5
  • Keywords:statute of limitations; criminal liability; continued; inaction; crime
  • Summary/Abstract:The subject of this article is the Limitation period and its application to the crime under Art. 227b of the Criminal Code. The article deals with different concepts concerning the starting point of the limitation period. The case-law of the Supreme Court of SCC has been analysed. Specific practical problems are mentioned in the examination and resolution of such cases. In conclusion, proposals have been made to unify the case-law.
  • Price: 4.50 €
За допустителството по ч 285 НК

За допустителството по ч 285 НК
(On the Allowance Under Art. 285 of the Criminal Code)

  • Author(s):Darina Koseva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, History of Law, Criminal Law, EU-Legislation, Court case
  • Page Range:260-271
  • No. of Pages:12
  • Keywords:allowance; allower; official; allowee; office; work; consciously
  • Summary/Abstract:The review of the judicial practice under Art. 285 of the Criminal Code determines a conclusion of limited applicability of the provision regulating the allowance as a malfeasance, the latter regulated in Section II of Chapter VIII, Special Part of the Criminal Code. The difficulties in interpretation and application of Art. 285 of the Criminal Code are explained by the specific object of the crime, the peculiarities of the official capacity of the allower (an official under Art. 93(1a) of the Criminal Code, to whom officials and non-officials are subordinate), the characteristic connection of the committed crime with the service or work of an allowee, the absence of requirements regarding the allowee to possess an official capacity, the nature of subordination and the complexity of the ideas formed in the mind of the allower. Upon examination of the legal rule, the development of the regulation of the allowance has been traced since the establishment of its composition by the provision of Art. 441 of the Criminal Code (1896) to the current version of Art. 285 of the Criminal Code (1968). Conclusions regarding the need for the existence and improvement of the legal framework have been formulated and argued.
  • Price: 4.50 €
Конструиране на състава на престъплението чрез административни преюдиции

Конструиране на състава на престъплението чрез административни преюдиции
(Legislative Construction of Corpus Delicti Through Administrative Prejudices)

  • Author(s):Ekaterina Salkova, Daniela Doncheva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law
  • Page Range:272-281
  • No. of Pages:10
  • Keywords:corpus delicti; administrative prejudices; criminal law
  • Summary/Abstract:The article analyzes the reasons why administrative prejudices are introduced in the Criminal Code when formulating the elements of certain crimes, as well as the advantages and disadvantages of this legislative approach.
  • Price: 4.50 €
Жертва на престъплението и пострадал от престъпление - връзката между материалното и процесуалното наказателно право

Жертва на престъплението и пострадал от престъпление - връзката между материалното и процесуалното наказателно право
(Victim of Crime and Person Injured by Crime, who can Participate in the Criminal Proceedings - the Relationship Between Substantive Criminal Law and Criminal Procedure Law)

  • Author(s):Ekaterina Salkova, Daniela Doncheva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law
  • Page Range:282-293
  • No. of Pages:12
  • Keywords:criminal proceedings; victim of crime; person injured by crime; who can participate in the criminal proceedings
  • Summary/Abstract:The subject of analysis in the article are two terms of Criminal Law and Criminal Procedure Law, which are related, but have some differences that are often not taken into account in the practice of state authorities, and this affects negatively the ability of person injured by crime to effectively participate in criminal proceedings.
  • Price: 4.50 €
Съдържание на актовете за привличане на обвиняем

Съдържание на актовете за привличане на обвиняем
(Requisites of the Acts for Putting a Person Under Investigation)

  • Author(s):Maria Simeonova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Court case
  • Page Range:294-307
  • No. of Pages:14
  • Keywords:Criminal Procedure; pre-trial procedure; accused; acts; putting a person under investigation; accusation
  • Summary/Abstract:Subject of analysis in the article is the mandatory and optional content of the acts by which a person may be brought as an accused in the pre-trial phase of criminal proceedings. Their requisites and the consequences caused by violation of the formal requirements, regulated by the Criminal Procedure Code have been examined. The court practice in regard of violations of the form of the acts has been traced.
  • Price: 4.50 €
За доказателствената стойност на направените самопризнания от обвиняемия и изискванията на ЕКЗПЧ

За доказателствената стойност на направените самопризнания от обвиняемия и изискванията на ЕКЗПЧ
(On the Evidentiary Value of the Confessions Made by the Accused and the Requirements of the ECHR)

  • Author(s):Ivan Ranchev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation, Court case
  • Page Range:308-320
  • No. of Pages:13
  • Keywords:Criminal Procedure Code; evidence; Supreme Court of Cassation; ECHR
  • Summary/Abstract:The subject of the paper is to trace the changes in the judicial practice in solving the issues related to the need of collecting additional indisputable evidence in support of the confessions made by the accused during the investigation, dictated by the decisions of the ECHR.
  • Price: 4.50 €
Ограничаване на приложното поле на разпоредителното заседание по НПК

Ограничаване на приложното поле на разпоредителното заседание по НПК
(Limiting the Scope of Application of the Dispositional Hearing Under the Criminal Procedure Code)

  • Author(s):Gabriel Rusev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation
  • Page Range:321-330
  • No. of Pages:10
  • Keywords:dispositional hearing; criminal procedure; amendment of the Criminal Procedure Code
  • Summary/Abstract:The report includes a discussion and analysis of the field of application of the dispositional hearing under the Criminal Procedure Code (CPC), introduced by the amendment of the provision of Art. 248 of the CPC (State Gazette, Issue 63 of 2017, in force since 05.11.2017), and a comparison of the positive and negative consequences of its holding. The possibility of carrying out the differentiated procedures provided for in the CPC, after the dispositional hearing has been held, has been considered. A comparative analysis and comparison with the previous legal framework of the dispositional hearing was made. Cases were considered where the scope of the dispositional hearing was initially limited and an alternative was proposed to use another legislative technique. The possibility of taking another, different legislative approach is justified.
  • Price: 4.50 €
Приложимост на съкратеното съдебно следствие при останалите диференцирани процедури

Приложимост на съкратеното съдебно следствие при останалите диференцирани процедури
(Applicability of Expedited Procedure in Other Differentiated Procedures)

  • Author(s):Panayot Velchev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law
  • Page Range:331-340
  • No. of Pages:10
  • Keywords:expedited procedure; criminal process; special rules in the Code of Criminal Procedure
  • Summary/Abstract:The report discusses the applicability of expedited procedure in other special rules in criminal proceedings. An analysis of current problems related to the application of the special rules, as well as their limitation, was carried out. Under these special rules, individual stages, phases, provisions and rules of the general criminal procedure are shortened in order to ensure speed in the criminal proceedings.
  • Price: 4.50 €
Разделението на властите и правото на съдебна защита като основания за възникване на съдебния контрол в наказателния процес

Разделението на властите и правото на съдебна защита като основания за възникване на съдебния контрол в наказателния процес
(The Separation of Powers and the Right to Judicial Protection as Grounds for the Emergence of Judicial Review in the Criminal Proceedings)

  • Author(s):Veselina Stavreva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, History of Law, Criminal Law, EU-Legislation
  • Page Range:341-351
  • No. of Pages:11
  • Keywords:judicial review; separation of powers; right to judicial protection; State of Law
  • Summary/Abstract:The article focuses on the two most essential, according to the author, grounds for the emergence of judicial review in the criminal proceedings - the separation of powers and the right to judicial protection. In general, the development of the idea of the separation of powers is presented through the views of the most famous theorists. Attention is drawn to the difficult path of building an independent judiciary in the country by tracing the implementation of the principle of separation of powers in the country’s constitutions over the years. The role of the judiciary is objectified as the main instrument through which law affects public relations in conditions of pandemics, wars and social inequalities, when the rights of citizens are affected to a more serious degree, especially in the criminal process. The normative consolidation of the judicial protection function as part of the role of the State of Law in the country and around the world is reflected. The main ways to protect the rights of citizens in the criminal process by means of judicial protection procedures and judicial review are also considered.
  • Price: 4.50 €
Прилагането на закона за чуждестранните корупционни практики на СAЩ в US V. Kаy и US V. Harder като пример за подобряване на българското законодателство в борбата с корупцията

Прилагането на закона за чуждестранните корупционни практики на СAЩ в US V. Kаy и US V. Harder като пример за подобряване на българското законодателство в борбата с корупцията
(Application of the US Foreign Corrupt Practices Act V. Kay and US V. Harder - an Example of how to Improve the Bulgarian Legislation Intended to Fight Corruption)

  • Author(s):Ventsislav Velikov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law, International Law, Court case
  • Page Range:352-362
  • No. of Pages:11
  • Keywords:corruption; Foreign Corrupt Practices Act; ‘business nexus’; acquiring or retaining a business; foreign official; parastatal bodies
  • Summary/Abstract:This report analyzes the US Foreign Corrupt Practices Act (FCPA) through the prism of the history of two case studies from the practice of US courts, as well as the decisions on them of the relevant courts. The two case studies have been selected in view of their practical significance for the application of the FCPA and the benefits they would have for improving the Bulgarian anti-corruption legislation. The first case - United States v. Kay explains the importance of having a ‘business nexus’ in cases of giving a bribe leading to the acquisition, retention or transfer of a business to another person in a foreign country. The court decisions in the second case - United States v. Harder lead to clarification of the legal framework and content of the concept of ‘foreign official’ under the FCPA. The case examined the legal status of the European Bank for Reconstruction and Development as a public international organization, as well as the status of its officials who participated in a corruption scheme. Based on the analysis of the two cases, this report concludes with proposals for improving the Bulgarian theory and legislation, especially the content of Article 6 of the Counter-Corruption and Unlawfully Acquired Assets Forfeiture Act.
  • Price: 4.50 €
Криминалистически аспекти на способите претърсване и изземване в досъдебната фаза на наказателното производство и връзката им с предпроцесуалната проверка по ЗМВР

Криминалистически аспекти на способите претърсване и изземване в досъдебната фаза на наказателното производство и връзката им с предпроцесуалната проверка по ЗМВР
(Forensic Aspects of Search and Seizure Methods in Pre-trial Phase of Criminal Proceedings and Their Relation to Pre-trial Inspection Under the Ministry of the Interior Act)

  • Author(s):Chavdar Petrov Groshev, Dimitar Rumenov Popov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Criminal Law
  • Page Range:363-373
  • No. of Pages:11
  • Keywords:search and seizure; search a person; investigations and legal proceedings; fight against organized crime
  • Summary/Abstract:This paper deals with different aspects of search and seizure as procedures for collecting evidence established in the Code of Criminal Procedure, as well as the competencies of police authorities in conducting inspections established in the Ministry of the Interior Act. The analysis is practically-oriented.
  • Price: 4.50 €
Международни многостранни споразумения по опазване на защитените природни територии с участието на Република България

Международни многостранни споразумения по опазване на защитените природни територии с участието на Република България
(International Multilateral Agreements on the Conservation of Protected Natural Areas with the Participation of the Republic of Bulgaria)

  • Author(s):Georgi Penchev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, Civil Law, International Law, EU-Legislation
  • Page Range:377-390
  • No. of Pages:14
  • Keywords:Protected Natural Areas; International Multilateral Universal Agreements; Participation of the Republic of Bulgaria
  • Summary/Abstract:This scientific study is dedicated to the international law regime for the conservation of the protected natural areas. The attention is paid to legal measures for the protection of these areas under certain international multilateral universal agreements with the participation of the Republic of Bulgaria. Finally, some general conclusions are deduced from the examined international law regulation.
  • Price: 4.50 €
Декларациите на международната организация на труда

Декларациите на международната организация на труда
(Declarations of the International Labour Organization)

  • Author(s):Ivaylo Ivanov Staykov
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, International Law, Labour and Social Security Law
  • Page Range:391-408
  • No. of Pages:18
  • Keywords:International Labour Organization; International Labour Conference (General Conference); declarations; international labour law
  • Summary/Abstract:The subject of the scientific analysis is the nature and significance of declarations as acts adopted by the International Labour Organization. The paper deals with the six solemn declarations that were adopted at sessions of the International Labour Conference (the General Conference).
  • Price: 4.50 €
Трафикът на деца и конвенцията на ООН за правата на детето

Трафикът на деца и конвенцията на ООН за правата на детето
(Traffic in Children and the UN Convention on the Rights of the Child)

  • Author(s):Tanya Ivanova
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law
  • Page Range:409-420
  • No. of Pages:12
  • Keywords:United Nations; Convention on the Rights of the Child of 1989; legislative history; child trafficking
  • Summary/Abstract:This scientific work deals with the international legal development of the problem of child trafficking. To that end, attention will be focused on Article 35 of the Convention on the Rights of the Child of 1989, which refers to the prohibition of abduction, sale or traffic. In this regard, an analysis of the legislative history related to the adoption of the final version of the provision has been made. At the international level, a definition of child trafficking has been provided in 2000 in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (the Palermo Protocol). Last but not least, a comparison will be made between the definition of trafficking in children set out in the Palermo Protocol and the provision of Article 35 of the Convention on the Rights of the Child.
  • Price: 4.50 €
Временна закрила на лица в Европейския съюз

Временна закрила на лица в Европейския съюз
(Temporary Protection of Persons in the EU)

  • Author(s):Vladimir Valev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, International Law
  • Page Range:421-427
  • No. of Pages:7
  • Keywords:temporary protection; European Union; refugee flows; Directive 2001/55/EC; mass influx
  • Summary/Abstract:The conflict in Ukraine and the accompanying departure from the country of many persons seeking salvation provoked the countries of the Old Continent to use a legal mechanism, normatively regulated twenty years ago by Council Directive 2001/55/EC of July 20, 2001. The object of research in this article is the normative legal framework providing temporary protection within the framework of the European Union. The article examines the historical prerequisites that led to the emergence of the above-mentioned act from the secondary law of the Union, its development and applicability over the years.
  • Price: 4.50 €
Някои въпроси на правната помощ в практиката на ЕСПЧ и съда на ЕС

Някои въпроси на правната помощ в практиката на ЕСПЧ и съда на ЕС
(Some Issues of Legal Aid in the Case Law of the ECTHR and the Court of Justice of the EU)

  • Author(s):Elka Porominska
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, International Law
  • Page Range:428-441
  • No. of Pages:14
  • Keywords:legal aid; fair trial; individuals and legal entities; legal aid procedure at the Court of Justice of the EU
  • Summary/Abstract:The report examines some issues regarding legal aid in the light of decisions of the ECTHR and the Court of Justice of the EU Regulation according to the ECHR and the EU Charter of Fundamental Rights. Possibility for individuals and legal entities to obtain legal aid. Conditions for using legal aid. In which cases is it mandatory? Procedure of the Court of Justice of the EU for the provision of legal aid.
  • Price: 4.50 €
За конкретността на преюдициалното запитване

За конкретността на преюдициалното запитване
(On the Specificity of the Request for a Preliminary Ruling)

  • Author(s):Joanna Shuleva
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, International Law, EU-Legislation
  • Page Range:442-448
  • No. of Pages:7
  • Keywords:request for a preliminary ruling; specificity; jurisdiction; attorney’s fees; judge
  • Summary/Abstract:The manner of formulation of the request for a preliminary ruling by the jurisdictions of the Member States is a cornerstone for the intended use of the institution. Such is the case of the request recently made by the Sofia District Court regarding the application of the Decree on Minimum Attorneys’ Fees and the possibility that a Bulgarian judge may not comply with its prescriptions, which comes only five years after another Bulgarian request for a preliminary ruling to the same effect.
  • Price: 4.50 €
Арбитражно споразумение и пророгационно споразумение

Арбитражно споразумение и пророгационно споразумение
(Arbitration Agreement and Choice of Court Agreement)

  • Author(s):Kristian Raychev
  • Language:Bulgarian
  • Subject(s):Law, Constitution, Jurisprudence, International Law
  • Page Range:449-458
  • No. of Pages:10
  • Keywords:choice of court; arbitration; recognition and enforcement of judicial acts; party autonomy; Hague convention; New York convention; international contracts; jurisdiction
  • Summary/Abstract:The report examines the two dispute resolution institutions in view of the fact that both arbitration agreement and choice of court are the result of the will of the parties to the legal relationship. The purpose of the report is to highlight the main differences between the two institutions in view of the existing positive law. Emphasis is placed on the requirements laid down in the relevant conventions for the validity of the arbitration and prorogation agreement, as well as the recognition and enforcement of final judicial acts.
  • Price: 4.50 €
Recognition of Foreign Civil Judgements: The Effect of Res Judicata Principle

Recognition of Foreign Civil Judgements: The Effect of Res Judicata Principle
(Recognition of Foreign Civil Judgements: The Effect of Res Judicata Principle)

  • Author(s):Mirjana Ristovska
  • Language:English
  • Subject(s):Law, Constitution, Jurisprudence, International Law
  • Page Range:459-467
  • No. of Pages:9
  • Keywords:recognition; foreign civil judgments; res judicata; Brussels I bis Regulation
  • Summary/Abstract:The principle of res judicata is one of the most important grounds for refusing the recognition of foreign civil judgment. According to all national and international legal sources that introduce res judicata as an obstacle to recognition, the court should not give an effect to the foreign civil judgment if there is another civil judgment between the same parties, for the same object and the same cause. This paper focuses on the material and procedural application of the res judicata principle before the courts. The paper will examine the provisions contained in the Brussels I bis Regulation and the Law on Private International Law of the Republic of North Macedonia. For the purposes of this paper, several methods will be applied: normative analysis method, comparison, analogy, and case law method.
  • Price: 4.50 €
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