Правните принципи и тяхната роля и значение за развитие на правото : Сборник с доклади от Международна научна конференция, организирана от ЮФ, УНСС, и Алумни клуб на завършилите ЮФ, УНСС, проведена на 24 октомври 2024 г. в УНСС – София, том 2
The Legal Principles and Their Role and Significance for the Development of the Law : Collection of Reports from International Scientific Conference Organized by the Faculty of Law of UNWE and Alumni Club of the Faculty of Law Graduates of UNWE...
Contributor(s): Tatyana Dimitrova (Editor), Jivko Draganov (Composer), Konstantin Tanev (Composer)
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, History of Law, Constitutional Law, International Law, Political Theory, Public Law, Politics and law, Philosophy of Law, EU-Legislation, Commercial Law, Administrative Law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: legal principles; rule of law; justice; legal theory; constitutional law; private law; public law; international law; European Union law; legal development
Summary/Abstract: The Legal Principles and Their Role and Significance for the Development of the Law : Collection of Reports from International Scientific Conference Organized by the Faculty of Law of UNWE and Alumni Club of the Faculty of Law Graduates of UNWE Held on October 24, 2024, at UNWE – Sofia, vol. 2. The book "Legal Principles and Their Role and Significance for the Development of Law" compiles the scientific reports presented at the International Scientific Conference held on 24 October 2024 at the University of National and World Economy (UNWE), Sofia. The event was organized by the Faculty of Law and the Department of International Law and EU Law, in cooperation with the Alumni Club of the UNWE Faculty of Law. The collection presents research papers examining the foundations, development, and application of legal principles across various branches of law. Contributions are organized thematically, reflecting the structure of the conference panels as follows: Panel 1) Legal principles in the history and theory of law; Panel 2) Role and importance of legal principles in private law; Panel 3) Role and importance of legal principles in public law; Panel 4) Legal principles in international and EU law. The publication aims to contribute to academic dialogue and support the development of modern legal thought by emphasizing the enduring value of legal principles as a foundation for justice, legitimacy, and the rule of law.
- E-ISBN-13: 978-619-232-933-4
- Print-ISBN-13: 978-619-232-932-7
- Page Count: 318
- Publication Year: 2025
- Language: English, Bulgarian
Правните принципи в Закона за водите от 1999 г.
Правните принципи в Закона за водите от 1999 г.
(Legal Principles in Water Act of 1999)
- Author(s):Georgi Penchev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Administrative Law
- Page Range:9-14
- No. of Pages:6
- Keywords:legal principles; Water Act; 1999
- Summary/Abstract:The article is dedicated to legal principles, regulated in Water Act of 1999. The attention is paid to the provisions of this act, in which explicitly are formulated legal principles of activities for protection of waters. In the conclusion there are some more general conclusions from investigated legal regulation and recommendations for its improvement.
Конституционните принципи и ценности в светлината на приложимото право
Конституционните принципи и ценности в светлината на приложимото право
(Constitutional Principles and Values in the Light of Applicable Law)
- Author(s):Emilia Siderova
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Constitutional Law, Political Theory, Politics and law, EU-Legislation
- Page Range:15-28
- No. of Pages:14
- Keywords:Constitution; principles; EU law; applicable law; national constitutional identity; state sovereignty; Constitutional Court; a direct effect of constitutional norms; preliminary inquiry to the Court of Justice of the EU
- Summary/Abstract:In recent years, there has been an extraordinary expansion of the primacy of Union law to the extent of affecting the sovereignty of the state, its constitutional principles, and understandings on matters that are the exclusive competence of the member states. The reference to national constitutional identity, as a last measure to preserve and uphold the recognized differences and diversity in the EU from the action of EU law, is gradually being overcome and calls into question the supremacy of the Constitution as the fundamental law of the state and society. The determination of the applicable law by the decisions of the Court of Justice of the EU is increasingly motivated by concealed generally accepted principles and legal-political arguments in clear contradiction to established constitutional values and rejected understandings. The assertive introduction of a considered modern and liberal view of the concept of gender and the new notions of social/civic gender, the possibility of gender self-determination, the recognition of gender change, the conclusion of same-sex marriages, which are accepted in some EU member states and rejected in others, and the associated problems in determining origin, citizenship, children's rights, etc., prompts the search for new solutions to limit the scope of EU law. Despite the obligatory nature of the interpretative decisions of the Constitutional Court on significant issues of the constitutional regulation of national state bodies, the dispute can be reconsidered at the initiative of the courts. Thus, the request for a preliminary ruling from the Court of Justice of the European Union (CJEU) may turn out to be a cornerstone of the applicable law.
Принципите на изборност и мандатност като форми на академично самоуправление
Принципите на изборност и мандатност като форми на академично самоуправление
(The Principles of Election and Mandate as Forms of Academic Self-Governance)
- Author(s):Ivan Tsvetanov
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Social Sciences, Education, Law, Constitution, Jurisprudence, Governance, Public Law, Higher Education , Administrative Law
- Page Range:29-48
- No. of Pages:20
- Keywords:academic autonomy; self-governance; election; mandate; governing bodies of a higher education institution
- Summary/Abstract:The article examines election and mandate within the meaning of Art. 21, § 1, item 1 of the Higher Education Act (HEA) as forms of academic self-governance, examined as an element of academic autonomy. The analysis is focused on the election and mandate of several categories of bodies in the higher education institution: the general university management bodies (general meeting, academic council and rector), the management bodies of the main units of the higher education institution (faculties, departments, institutes and colleges) and its affiliates, the management bodies of the service units (sectors, centers, libraries, laboratories, experimental stations, etc.), as well as some other bodies, which do not have management functions (auxiliary advisory bodies, control board and board of trustees). According to the analysis of the relevant provisions applicable to the mentioned administrative bodies, the conclusion is reached that in the Higher Education Act have established and contains the necessary guarantees for the realization of the principles of election and mandate in the field of higher education in the Republic of Bulgaria.
Принципът на политическия плурализъм – съвременни конституционни и правни аспекти
Принципът на политическия плурализъм – съвременни конституционни и правни аспекти
(Principle of Political Pluralism – Contemporary Constitutional and Legal Aspects)
- Author(s):Hristo Paunov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law
- Page Range:49-62
- No. of Pages:14
- Keywords:constitutional principles; political pluralism; Constitution of the Republic of Bulgaria
- Summary/Abstract:The principle of political pluralism is one of the fundamental principles of modern constitutional law, playing a key role in ensuring the democratic nature of state governance. This principle presupposes the existence of a diversity of political parties, movements, and ideologies that coexist and interact within a political system. Political pluralism is inextricably linked to the principles of democracy and the rule of law, guaranteeing the participation of a wide range of political actors in the decision-making process. This study will examine the constitutional and legal aspects of political pluralism, emphasizing its significance for the rule of law, the protection of fundamental rights and freedoms, and the establishment of institutional mechanisms for its implementation and maintenance. Particular attention will be paid to the role of the Constitutional Court in guaranteeing this principle, as well as its expression in constitutional and legal norms that regulate the right of association, freedom of expression, and political competition.
Значението на общите принципи на българското екологично право за законосъобразността и целесъобразността на административните актове в сферата на опазване на околната среда
Значението на общите принципи на българското екологично право за законосъобразността и целесъобразността на административните актове в сферата на опазване на околната среда
(The Significance of the General Principles of Bulgarian Environmental Law for the Legality and Expediency of Administrative Acts in the Field of Environmental Protection)
- Author(s):Nadezhda Hristova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Administrative Law
- Page Range:63-72
- No. of Pages:10
- Keywords:principles of law; environmental law; environmental protection
- Summary/Abstract:The present study analyzes the significance of the general legal principles provided for in the Environmental Protection Act for the legality and expediency of administrative acts. The legal doctrine and jurisprudence on the issues raised have been studied. A proposal de lege ferenda is made to improve the current legislation.
Изменението на договор за обществена поръчка и свободата на договаряне
Изменението на договор за обществена поръчка и свободата на договаряне
(Modifications to a Public Procurement Contract in Case of Inflation and the Principle of Contractual Freedom)
- Author(s):Ilonka Goranova
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Law, Commercial Law, Administrative Law
- Page Range:73-80
- No. of Pages:8
- Keywords:public procurement; compilation of legal facts from different legal areas; modifications to a public contract during its performance; inflation; principle of contractual freedom
- Summary/Abstract:With an addition to the Public Procurement Act (PPA) in 2022, the legislator created Art. 117a, which provided for the approval by act of the Council of Ministers of Methodology for modifications to a public procurement contract during its performance in case of inflation. At the end of 2023, the provision of Art. 117a of the PPA was amended, but its interpretation and application continued to cause problems in practice. The main question that has raised is whether the modifications to a public procurement contract as a result of inflation derives directly from the law or it depends on reaching an agreement between the contracting authority and the economic operator.
Неимуществените вреди в контекста на чл. 1 ЗОДОВ
Неимуществените вреди в контекста на чл. 1 ЗОДОВ
(Personal Tort in the Context of Art. 1 from ASMLDC)
- Author(s):Stefan Radev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law
- Page Range:81-85
- No. of Pages:5
- Keywords:personal tort; compensation; legal entity
- Summary/Abstract:The article examines a question that has been widely discussed for many years and the subject of a number of articles in recent months, namely whether legal entities can be compensated for personal tort. The reason for the latter is the interpretative case No. 1/2023 filed by the Supreme Court of Cassation and the Supreme Administrative Court. A brief overview of the latest publications on the topic is made, as well as new arguments are added, given the opinion provided by the author on the interpretative case.
Разглеждане на наказателни дела в разумен срок
Разглеждане на наказателни дела в разумен срок
(Consideration of Criminal Cases within a Reasonable Time)
- Author(s):Adelina Hadjiyska
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:86-91
- No. of Pages:6
- Keywords:reasonable time; criminal cases; defendant; compensatory mechanism; compensation
- Summary/Abstract:The purpose of the report is to analyze the requirement for "examination of the case within a reasonable time" as an element of the right to a fair trial under Art. 6 ECHR. The criteria for determining its starting and ending moment are discussed, as well as the possible compensatory mechanisms for protection in case of non-compliance with the requirement of reasonableness of the proceedings. A review of part of the practice of the courts and the ECtHR regarding the “reasonableness” of the time limit for consideration of criminal cases has been made. As a result, the importance of the principle of “examination of the case within a reasonable time” for the development of the Bulgarian criminal procedural legislation is emphasized.
Дължимата грижа при упражняване на оперативната самостоятелност на администрацията
Дължимата грижа при упражняване на оперативната самостоятелност на администрацията
(Due Care Principle in the Course of Exercising the Discretionary Powers by the Administration)
- Author(s):Miroslava Yordanova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation, Administrative Law
- Page Range:92-100
- No. of Pages:9
- Keywords:due care; discretionary power; proportionality; consistency; predictability; public interest; private interest; fundamental rights
- Summary/Abstract:The Code of Administrative Procedure (CAP) does not bind the administrative bodies to exercise "due care" when performing their discretionary powers, although this principle is well recognized by legal doctrine and the case-law of the Court of Justice of the European Union (CJEU). The report examines whether the Bulgarian administration should comply with the principle of due care when exercising its discretionary powers. For this purpose, firstly, the report outlines the legal framework of the discretionary powers of the administrative bodies. Secondly, the report traces the way in which the Bulgarian administrative courts interpret the principles of proportionality, consistency and predictability which are explicitly formulated in CAP. Thirdly, the report draws a parallel with the interpretation of these principles by CJEU. In summary, the work demonstrates that, apart from the legally established principles, the administration should comply with some judicially formulated principles, such as due care of the administration.
Принципи на данъчното производство
Принципи на данъчното производство
(Principles of Tax Proceedings)
- Author(s):Kalina Lupova-Angelova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Administrative Law
- Page Range:101-109
- No. of Pages:9
- Keywords:principles; tax proceedings; guarantees
- Summary/Abstract:The role of legal principles is essential not only for legal theory but also for law enforcement. Through the established principles, the correct and effective implementation of the tax process and the protection of the rights of its participants are guaranteed. The existence of legally established principles is a kind of guarantee for the correct and lawful conduct of tax proceedings, thus protecting not only the interests of the state, but also the interests of the persons participating in the proceedings.
Съвременното банково законодателство на България – традиции и перспективи
Съвременното банково законодателство на България – традиции и перспективи
(Contemporary Banking Legislation of Bulgaria – Traditions and Perspectives)
- Author(s):Suleyman Bashov
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Law, EU-Legislation, Administrative Law
- Page Range:110-127
- No. of Pages:18
- Keywords:Bulgarian banking legislation; bank; credit Institution; financial Institution; banking law
- Summary/Abstract:This report delineates the architecture of modern banking legislation in Bulgaria, which has been developing for over three decades following the dismantling of the state banking monopoly from the socialist era. The analysis is predicated on the understanding that the foundation of this legislation is constituted by public law statutes regulating both commercial and central banking. Consequently, the author traces the evolution of national regulatory acts governing this pivotal domain. The exposition further encompasses the regime of recovery and restructuring of banks, banking insolvency, deposit guarantees, and the single supervisory mechanism (as a fundamental pillar of the EU Banking Union). Excluded from the scope of this report are the myriad European regulatory acts, as the analysis is confined to their impact on Bulgarian national legislation. Additionally, the report does not delve into the laws governing ancillary activities, such as payment services, including the protection of consumer rights for banking clients. Moreover, the regulatory aspects related to banking capital are intentionally omitted from the focus, given that they are predominantly technical in nature and do not hold significant relevance for the conceptual analysis of legal regulation. Furthermore, this topic is primarily of financial-economic significance and is extensively examined within the realms of economic theory and literature dedicated to banking management.
Въздействие на принципите на наказателното право върху развитието на съвременното право
Въздействие на принципите на наказателното право върху развитието на съвременното право
(Impact of the Principles of Criminal Law on the Development of Modern Law)
- Author(s):Russi Alexiev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:128-143
- No. of Pages:16
- Keywords:principles of the criminal law; criminal law norms; assessment of the constitutionality; exemption from criminal liability
- Summary/Abstract:The presentation advocates the position that the impact of the principles of the criminal law, regarding those characterizing our national criminal law as an independent legal branch, and also those related to the individual criminal law institutes, on the development of modern law is manifested in two directions – for the development of legislation as well as for the development of law enforcement. The presentation argues that the impact of the legal principles is manifested through the creation, amendment and repeal of criminal law norms and also in the assessment of the constitutionality of the current criminal law norms, carried out by the Constitutional Court of the Republic of Bulgaria. It is emphasized that precisely the principles of criminal law have been placed at the basis of the interpretation of criminal law carried out by the courts in order to ensure its correct and uniform application to all legal entities. The impact of the criminal law principles on law enforcement is illustrated by tracing the historical development of the institution of exemption from criminal liability by imposing an administrative penalty and the guidelines for overcoming the contradictory case law on the application of the institute.
Принципът на законност по АПК и задържането от полицейски орган по ЗМВР
Принципът на законност по АПК и задържането от полицейски орган по ЗМВР
(The Principle of Legality under the APC and Police Detention under the Moi Act)
- Author(s):Kiril Goranov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Administrative Law
- Page Range:144-156
- No. of Pages:13
- Keywords:principle of legality; administrative powers; police authority; detention order; substantive legality of the administrative act; abuse of power
- Summary/Abstract:According to the explicit provision of Art. 3, § 1, item 1 of the Ministry of Interior Act (MIA), one of the principles on the basis of which the activities of the Ministry of Interior (MI) are carried out is the principle of compliance with the Constitution, laws and international treaties to which the Republic of Bulgaria is party. Part of the activities of the MI are carried out by civil servants – police authorities. Police authorities have the power to detain persons on the grounds of Art. 72, § 1 of the MIA. A written order should be issued for the detention of the person, which order is an individual administrative act in its nature. The police authorities, as well as any other administrative authority, are obliged to act within the framework of their statutory powers. The orders, issued by them should meet the requirements for legality, applicable to any administrative act. In exercising their powers, police authorities must not harm the state and society, as well as the rights, freedoms and legitimate interests of other persons. All this justifies the conclusion that the principle of legality, established in Art. 4 of the Administrative Procedure Code applies to the detention of a person by a police authority under the conditions of Art. 72, § 1 of MIA.
Достъпната медицинска помощ – правен принцип или основно право на гражданите
Достъпната медицинска помощ – правен принцип или основно право на гражданите
(Affordable Medical Care – a Legal Principle or a Fundamental Right of Citizens)
- Author(s):Radoslav Ivanov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Administrative Law
- Page Range:157-165
- No. of Pages:9
- Keywords:affordable medical care; quality medical care; legal principle; fundamental right; protection under civil law; protection under administrative law
- Summary/Abstract:The purpose of this report is to examine the legal characteristics of the concept of accessible medical care. The relevant regulatory framework is analyzed. Relevant decisions of the Constitutional Court are also examined. The thesis is defended that it is a fundamental right of citizens. The possibilities for protecting citizens against the failure of the state to provide accessible medical care are examined.
Основни положения и принципи на правната уредба в областта на фармацията
Основни положения и принципи на правната уредба в областта на фармацията
(Basic Provisions and Principles of the Legal Framework in the Field of Pharmacy)
- Author(s):Lilia Monova-Asenova
- Language:Bulgarian
- Subject(s):Social Sciences, Law, Constitution, Jurisprudence, Sociology, Health and medicine and law, EU-Legislation, Administrative Law
- Page Range:166-186
- No. of Pages:21
- Keywords:regulation; pharmacy; legal principles; regulatory authorities; administrative and criminal liability; public health protection
- Summary/Abstract:The legal framework governing relations in the field of pharmacy is based on fundamental legal principles. The article analyses key principles such as proportionality, non-discrimination, precaution, and the benefit-risk ratio, which determine the content and structure of regulatory practices and mechanisms in the pharmaceutical sector. Commonly accepted principles for public health protection, safety, and access to medicines and treatment, which are embedded in the Bulgarian Constitution, are reflected in areas such as pharmaceutical product registration, intellectual property rights, manufacturing standards, wholesale and retail drug trading authorizations, and pharmacovigilance. The article also highlights the interaction between national and international regulatory authorities in the pharmaceutical sector and the harmonization within the legal frameworks of EU member states. Additionally, the role of administrative and criminal liability in maintaining compliance and ensuring public health is examined. Through a review of applicable legal principles and key provisions, the article identifies challenges within the regulatory framework and offers recommendations for its improvement.
Конвенцията за защита на правата на човека и основните свободи – основен стълб и движеща сила за усъвършенстване на принципни положения в българския наказателен процес
Конвенцията за защита на правата на човека и основните свободи – основен стълб и движеща сила за усъвършенстване на принципни положения в българския наказателен процес
(The European Convention on Human Rights – a Main Pillar and a Driving force for the Advancement of Foundational Principles in the Bulgarian Criminal Procedure)
- Author(s):Antoniy Gatov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law, EU-Legislation
- Page Range:187-193
- No. of Pages:7
- Keywords:European Convention on Human Rights; European Court of Human Rights; criminal procedural law; legal principles
- Summary/Abstract:Following Bulgaria’s ratification of the European Convention on Human Rights, Bulgarian citizens acquired the procedural right to seek direct protection of a substantial portion of their fundamental rights through individual applications to the European Court of Human Rights (ECtHR). This development has positioned the ECtHR as one of the highly renowned judicial bodies worldwide, driving advancements on human rights protection. Through its extensive case law, the ECtHR has served as a “catalyst” for reforming the criminal procedural law of the States parties, emphasizing the guarantees of human rights. This article aims to critically examine some of the most significant transformations in the Bulgarian criminal procedural law resulting from ECtHR judgements.
Принцип на субсидиарност на наказателната отговорност за предварителна престъпна дейност и изключения от него
Принцип на субсидиарност на наказателната отговорност за предварителна престъпна дейност и изключения от него
(Principle of Subsidiarity of Criminal Liability for Preliminary Offences and Exceptions Thereto)
- Author(s):Yanaki Yanakiev
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Criminal Law
- Page Range:194-205
- No. of Pages:12
- Keywords:principle of subsidiarity; legal principle ne bis in idem; criminal law; criminal activity of multiple persons; preparation; necessary complicity
- Summary/Abstract:The principle of subsidiarity is a manifestation of the fundamental legal principle ne bis in idem. In criminal law, it determines the punishability of the overall criminal activity and is reflected in a number of norms. Subsidiarity applies when two corpus delicti are in competition with each other. Such competition exists for the preliminary offences related to the primary ones, but has other aspects too. In these cases, criminal liability is borne for the subsidiary corpus delicti, insofar as the act does not fulfill the primary one. Preliminary offence is considered a gender term Including preparation, criminal activity of multiple persons, as well as other specific criminal acts. Preliminary offences constitutes a specific type of subsidiarity and are punishable in so far as the primary activity has not been carried out. This rule is not absolute, with exceptions related to joint preparation and necessary complicity.
The Application of the Principle of State Sovereignity and Non-Intervention in the Cyberspace
The Application of the Principle of State Sovereignity and Non-Intervention in the Cyberspace
(The Application of the Principle of State Sovereignity and Non-Intervention in the Cyberspace)
- Author(s):Janis Grasis
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, International Law, Comparative Law, Labour and Social Security Law
- Page Range:209-215
- No. of Pages:7
- Keywords:fundamental principles; state sovereignty; non-intervention; cyberspace
- Summary/Abstract:In the recent years there were a hot debates about application of the principle of state sovereignty in cyberspace. States have repeatedly reaffirmed that the principle of sovereignty applies in cyberspace, and in particular that “in their use of ICTs, States must observe, among other principles of international law, State sovereignty, sovereign equality”. There are two main questions: 1) whether a general obligation to respect the sovereignty of other States exists, the violation of which could in itself constitute an intranational wrongful act; 2) what are criterions for a cyberoperation to be qualified as unlawful and a violation of sovereignty? Non-intervention is a fundamental principle of international law because it emanates from the principle of state sovereignty and protects certain essential aspects of this principle. More specifically, it protects the integrity and autonomy of a state’s authority and will in the sense of its capacity to internal and external self-governance. As it was confirmed by the International Court of Justice in judgement from June 27 of 1986 (Nicaragua vs. United States of America, § 205) intervention is traditionally understood as coercive interference in matters that fall within a state’s sovereign affairs such as the choice of political, economic, social and cultural system and the formulation of foreign policy. In order now to determine when interference in that process constitutes intervention, the baseline of coercion needs to be identified. In modern world such interference could consist of cyber-attacks on electoral infrastructure and operations to manipulate voting behaviour. Probably, the first example was Russia’s electoral interference in the 2016 US election.
Основните принципи на международното право – правна сила и значение
Основните принципи на международното право – правна сила и значение
(Basic Principles of International Law – Legal Force and Significance)
- Author(s):Emil Konstantinov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, International Law
- Page Range:216-227
- No. of Pages:12
- Keywords:international law; UN Charter; sovereign equality; non-use of force; self-determination; territorial integrity; armed conflict; humanitarian intervention; Ukraine; peace negotiations; legal norms; recognition of states; UN Security Council
- Summary/Abstract:This article discusses the fundamental principles of international law as derived from the United Nations Charter, particularly Articles 1 and 55. These include the principles of sovereign equality, the obligation to fulfill international commitments in good faith, the peaceful settlement of disputes, the prohibition of the threat or use of force, non-interference in internal affairs, and the right of peoples to self-determination. These principles are directly applicable legal norms and take precedence over other norms in international law. A key clarification made in the article is that international recognition of a state is not essential for its sovereign existence. The prohibition on the use of force means that no state may acquire territory through aggression, occupation, or threats of violence. Any territorial changes resulting from the use or threat of force are considered legally invalid. This legal framework is highly relevant in evaluating current armed conflicts near Bulgaria, such as those in Ukraine and the Middle East. International law allows the use of force only in three circumstances: self-defense (individual or collective), decisions by the UN Security Council, and the struggle of peoples for self-determination. Unilateral military actions, even under the guise of humanitarian intervention or protecting minorities, are not permissible. The right to self-determination is invoked in conflicts involving peoples such as the Palestinians and Kurds, and in disputed regions like Kosovo, Crimea, and Donbas. It includes the right of a people – even a part of one – to establish independence by any means, including armed resistance, even if it contradicts the constitution of the parent state. External military assistance is also permissible in this context. The author concludes that the core principles of international law remain legally authoritative. Their effective application requires robust legal expertise and will be central to any future peace architecture, especially in the context of Ukraine and broader global stability.
Международноправната защита на правото на труд в контекста на принципа на справедливостта
Международноправната защита на правото на труд в контекста на принципа на справедливостта
(Justice in the International Legal Protection of the Right to Work)
- Author(s):Paunita Petrova
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, International Law, Labour and Social Security Law
- Page Range:228-237
- No. of Pages:10
- Keywords:justice; international law; international legal protection; right to work
- Summary/Abstract:Justice is institutionalized not only in domestic law but also in international law. This report examines the institutionalization of justice in the international legal protection of the right to work. Justice is most clearly seen in the international legal protection of the right to just and favorable conditions of work and in its constituent rights.
Използването на изкуствен интелект при защита на пострадали от насилие, основано на пола
Използването на изкуствен интелект при защита на пострадали от насилие, основано на пола
(Тhe Use of Artificial Intelligence in Protection Against Gender-Based Violence)
- Author(s):Boyka Cherneva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, EU-Legislation
- Page Range:238-249
- No. of Pages:12
- Keywords:gender-based violation; human rights; artificial intelligence
- Summary/Abstract:The article examines discrimination on the grounds of gender according to the case law of the European Court of Human Rights. The principle for determining the permissible difference in treatment within the scope of Article 14 of the European Convention on Protection against Discrimination and issues related to protection against discrimination on the grounds of sex is derived. Ignoring the specific characteristics and protection needs of victims of gender-based violence constitutes discrimination. Receiving and processing reports of violence is a key moment in the protection of rights. The non-governmental sector and state authorities discuss the introduction of a chat bot in the reception and processing of reports of domestic violence. The use of artificial intelligence shows potential for increasing the effectiveness of protection against discrimination. The main benefit is in preventing discrimination by the state authorities against people who have suffered from gender-based violence.
Четири ръководни начала на електронния международен договорен процес
Четири ръководни начала на електронния международен договорен процес
(Four Leading Principles of the Electronic International Treaty-Making Process)
- Author(s):Georgi Bakyov
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, International Law
- Page Range:250-273
- No. of Pages:24
- Keywords:international treaties; legal principles; digital sovereignty; technological neutrality; technology transfer; rule of law
- Summary/Abstract:Understanding and applying some fundamental legal principles that can facilitate and structure the conclusion of international treaties by digital means is a matter of central importance. And it cannot be otherwise, since legal principles are the subject of eternal interest and debate in international law. Its system is decentralized and non-heterogeneous. The following four key phenomena fall into the main focus of analysis of the present work: digital sovereignty, technology transfer, rule of law and technological neutrality. They have been selected because of their critical role in the formation of a sustainable and adaptable legal mechanism for the regulation of electronic international treaties.
- Price: 2.00 €
Правна рамка за приемане на еврото в българското законодателство
Правна рамка за приемане на еврото в българското законодателство
(Legal Framework for the Adoption of the Euro in Bulgarian Legislation)
- Author(s):Aglika Kaneva
- Language:Bulgarian
- Subject(s):Politics / Political Sciences, Law, Constitution, Jurisprudence, Public Law, EU-Legislation, Administrative Law
- Page Range:274-291
- No. of Pages:18
- Keywords:euro; euro area; legal regulation; normative documents of Bulgarian legislation
- Summary/Abstract:In the paper, the main normative documents from the national legislation have been indicated through which the introduction of the euro in Bulgaria is regulated – the National Plan for the Introduction of the Euro in the Republic of Bulgaria, the Law on the Introduction of the Euro, the Decree No. 168 of the Council of Ministers of 2015 on the Establishment of a Coordination Council for the Preparation of the Republic of Bulgaria for Euro Area Membership. The new BNB Act and the amendments to the Credit Institutions Act, adopted in connection with euro area accession have been presented. The composition and functions of the Coordination Council for the Preparation of the Republic of Bulgaria for Euro Area Membership and the expert working groups and subgroups have been examined. The principles of the process of euro adoption have been enumerated. The activities on the introduction of the euro in Bulgaria and the institutions responsible for it have been reviewed.
Модернизация на правната рамка на Европейския съюз за закрила на промишлен дизайн и роля на регламент 2024/2822 на Европейския парламент и на Съвета за изменение на регламент (ЕО) № 6/2002 на Съвета относно промишления дизайн
Модернизация на правната рамка на Европейския съюз за закрила на промишлен дизайн и роля на регламент 2024/2822 на Европейския парламент и на Съвета за изменение на регламент (ЕО) № 6/2002 на Съвета относно промишления дизайн
(Modernisation of the European Union’s Legal Framework for the Protection of Industrial Design and the Role of Regulation (EU) 2024/2822 of the European Parliament and of the Council Amending Council Regulation (EC) no 6/2002 on Industrial Design)
- Author(s):Antitsa Geneva
- Language:Bulgarian
- Subject(s):Law, Constitution, Jurisprudence, Civil Law, EU-Legislation
- Page Range:292-305
- No. of Pages:14
- Keywords:EU design law; Regulation (EU) 2024/2822; repair clause; digital and virtual designs; AI-generated designs
- Summary/Abstract:This report analyzes Regulation (EU) 2024/2822 of the European Parliament and of the Council, which updates Council Regulation (EC) No. 6/2002 on Community designs. The Regulation is part of a design reform package that also includes Directive (EU) 2024/2823 of the European Parliament and of the Council of 23 October 2024 on the legal protection of designs. The reform modernizes EU design law by clarifying key concepts, such as “design” and “product,” reducing fees, implementing a permanent and unified repair clause, and broadening the scope of exclusive rights to include digital infringements, such as 3D printing. These updates align protection with the realities of the digital economy, improving accessibility for small and medium-sized enterprises. Nonetheless, the amendments raise some issues concerning specific omissions, such as AI-generated designs, despite their growing significance in the creative sectors, leaving questions about authorship, protection, and harmonization unresolved. Overall, the Regulation represents a significant step toward a future-proof EU design system; however, its effectiveness will depend on judicial interpretation and further clarification of emerging technologies.
What is the Meta Oversight Board and Why it is Important to Study its Decisions?
What is the Meta Oversight Board and Why it is Important to Study its Decisions?
(What is the Meta Oversight Board and Why it is Important to Study its Decisions?)
- Author(s):Bilyana Petkova
- Language:English
- Subject(s):Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law
- Page Range:306-316
- No. of Pages:11
- Keywords:human rights; freedom of speech online; Meta Oversight Board; social media companies; content moderation
- Summary/Abstract:This paper offers a concise overview on the importance to study the Meta Oversight Board. Today social media platforms moderate our speech – they take down or leave speech online when it is flagged for being illegal or offensive. This role leaves behind the public courts who are however still responsible primarily for adjudicating on speech questions in the physical world. Is there an online/offline divide when it comes to the standard of protecting free speech worldwide? The paper first introduces the institutional structure of a novel private body that arguably plays a crucial role in protecting free speech worldwide – the Meta Oversight Board. It then pinpoints to the differences in the way freedom of expression is adjudged by the apex public courts in the United States and in Europe in order to reveal the potential reconciliatory role of the Board. Whereas the European public courts tend to afford an almost absolute protection to privacy, the US Supreme Court has offered an almost absolute protection to free speech. Another divergence that comes on top is the US-EU divergent judicial interpretation on the role of the Internet in an online speech environment. Yet other Transatlantic differences, not discussed but identified by the author, concern the treatment of hate speech and disinformation. Finally, the paper sets out the hypothesis that there is a global, private standard on online free speech in the making. Developed by the Meta Oversight Board, this standard has not been studied yet. The paper urges further study into the contours of this novel standard.
