ЗАКОНОДАТЕЛСТВОТО ЗА РАЗВИТИЕ НА АКАДЕМИЧНИЯ СЪСТАВ В АДМИНИСТРАТИВНОТО ПРАВОРАЗДАВАНЕ
THE LEGISLATION OF THE DEVELOPMENT OF THE ACADEMIC STAFF IN ADMINISTRATIVE JUSTICE

Author(s): Darina Zinovieva
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Sociology of Law
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: development of the academic staff; competition; scientific degree “PhD”; occupying an academic position; scientific jury; individual administrative act
Summary/Abstract: This study contains an analysis of cases during the period of implementation of the law until now. Cases are divided into three groups – general issues, substantive issues and procedure issues. The first part contains the matter of legal nature of the decision of the Faculty Council /the Scientific Council for the selection of a candidate for an academic position. The decision is an individual administrative act, according to the Article 21 of the Administrative Procedure Code. The Commission's decision on admissibility in a competition for an academic post is also an individual administrative act. The reasons are the same for both acts.There is a discussion about legal characteristic of the scientific jury and the differences in the two proceedings. When there is held a procedure for the award of a degree, decision of the scientific jury is an individual administrative act, because it creates the subjective right of the applicant to be awarded a degree. When there is held a procedure for the academic position, the scientific jury is an assistant administrative authority.Hypotheses are reviewed as the Faculty Council /the Scientific Council takes another decision, different from the proposal of the scientific jury. The study analyses problems in the calculation of impact factors; problems about additional reglamentation for an academic position in the Regulations of universities; problems about the procedural peculiarities in the return of the procedure; problems in the case of joint publications of the candidate with a member of the scientific jury, etc.

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