Publisher: Център за изследване на демокрацията

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Heroin Users in Bulgaria One Year After Outlawing The Dose for "Personal Use". Law Changes and New Risks

Heroin Users in Bulgaria One Year After Outlawing The Dose for "Personal Use". Law Changes and New Risks

Author(s): Tihomir Bezlov / Language(s): English

The report reveals the place of heroine use in Bulgaria and its development since the amendment to the Penal Code repealing Paragraph 3 of Art 354a and its provision. The revision gained public popularity as „the single dose law”. It renders criminal every drug substance possession, regardless of the type or quantity of the substance, or whether the individual in possession of the dose is dependent or not. Under the new regulation, the drug wholesalers, the small drug dealers, and those just using, not trading in drugs, are treated equally harshly. The change was carried out, despite keen objections on the part of experts and civil society organizations that it might lead to severe and unpredictable consequences. The research, however, revealed that the ban on the „single dose”, and its negative implications, are only part of a larger nationwide problem caused not only by the legislative framework, but also by the inadequate institutional response. Author of the publication is Mr. Tihomir Bezlov, researcher from Center for the Study of democracy.

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Ombudsman Institution in Bulgaria

Институцията омбудсман в България

Author(s): Author Not Specified / Language(s): Bulgarian

The handbook presents a summarized overview of the process of establishment and development of the ombudsman institution on national and local level in Bulgaria (1998-2005). It offers comments and analysis of the legal framework as well as comprehensive information on the election of the first Bulgarian ombudsman and the activities of the local public mediators before and after their operation has been regulated in the legislation. The public attitudes towards the ombudsman institution are also presented. In addition, the book includes a set of annexes such as the full text of the Law on the Ombudsman and the Regulation on the Organization and the Activity of the Ombudsman, an excerpt from the Law on Local Self-Government and Local Administration, materials related to the operation of the local public mediators, etc.

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The Hidden Economy in Bulgaria

Скритата икономика в България

Author(s): Antoaneta Gancheva,Boris Petrov,Elka Yakimova,Yordan Kalchev,Konstantin Pashev,Lyubomir Dimitrov,Petkan Iliev,Tihomir Bezlov,Todor Todorov / Language(s): Bulgarian

According to international estimates the share of the hidden economy worldwide accounts for 10-12% of global GDP. In the transition economies however hidden economy reaches one fourth of GDP. Economic analyses show that if the share of the hidden sector exceeds a critical level (around 50% of GDP) it changes the ‘rules of the game’ in the whole economy. In Bulgaria the tax and tax enforcement burden, ineffective enforcement of laws and administrative barriers for businesses are the main factors stimulating informal economic activities. The publication presents the latest trends and challenges of the hidden economy to the private and public sector. It describes the various manifestations of the hidden economy and assesses its size, scope and characteristics in Bulgaria through six different methods. The publication underscores the necessity of international cooperation in the area of hidden economy. The authors conclude with recommendations for improvement of the legislative and regulatory framework for the business and its implementation. The publication includes contributions from experts of the National Social Security Institute, the Bulgarian National Bank, the National Statistical Institute, the Agency for Economic Analysis and Forecasting and the Center for Study of Democracy.

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Corrupt Practices and Prevention of Corruption. Education Manual

Корупционни практики и превенция на корупцията. Учебно помагало

Author(s): Author Not Specified / Language(s): Bulgarian

Countering corruption is part of the efforts to build democratic public institutions and streanghtening the role of the civil society. The achieved results in preventing corrupt practices are important to measure the success of the transition and introduce modern stadarnds of transparency and democratic control. The present manual, developed by the CSD in the framework of the project Prevention of Corruption in the Security Forces, aims to promote anti-corruption education as an important instrument to prevent corruption. The reader is specifically designed for the curricula of the military high schools in Bulgaria.

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The Ombudsman Institution in Europe and Bulgaria

Институцията омбудсман в Европа и България

Author(s): Author Not Specified / Language(s): Bulgarian

The handbook The Ombudsman Institution in Europe and Bulgaria presents the recently adopted ombudsman legislation, offers an updated review of both the general and specific aspects of the European countries’ experience, the initiatives and documents of the Council of Europe referring to the establishment by the Member States of ombudsman institutions on national, regional and local level and the cooperation between the ombudsmen of the Member States and between them and the Council of Europe, and contains information on the legal framework and the activities of the European Ombudsman as a mechanism for protecting human rights on European Union level.

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Judicial Anti-Corruption Program

Judicial Anti-Corruption Program

Author(s): Author Not Specified / Language(s): English

The Judicial Anti-Corruption Program has been developed by eminent Bulgarian lawyers, including magistrates, and has resulted from the combined efforts of influential non-governmental organizations, representatives of state institutions, and experts. In the course of the work the Program was presented to a number of state institutions, non-governmental organizations, professional associations, the media, experts and citizens so that they could provide their opinions, recommendations and proposals. A draft version of the document was discussed at a workshop attended by representatives of the stakeholders. The Judicial Anti-Corruption Program draws on most of the remarks and proposals received and is aimed to prompt a further debate on the discussed issues.

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The Informal Economy in the EU Accession Countries

Неформалната икономика в страните – кандидатки за членство в Европейския съюз

Author(s): Author Not Specified / Language(s): Bulgarian

The conference report with papers and articles about the informal economy in the accession countries is published in the framework of the project "The Informal Economy in the EU Accession Countries: Size, Scope, Trends and Challenges in the Process of EU Enlargement". It includes papers presented at an International informal economy conference, organized by the Center for the Study of Democracy on 29th and 30th of November, 2002 in Sofia. The first part presents the size, scope and methods for grey economy assessment in the transition and accession countries. The second part is dedicated to the consequences and development of the practical responses in the sphere of the institutional reform and the policy for counteracting the informal economy. The relationship between the informal economy and the organized crime is analyzed as well.

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The Informal Economy in the EU Accession Countries: Size, Scope, Trends and Challenges in the Process of EU Enlargement

The Informal Economy in the EU Accession Countries: Size, Scope, Trends and Challenges in the Process of EU Enlargement

Author(s): / Language(s): English

Twelve countries of Central and Eastern Europe are preparing for accession to the European Union. The informal economy in these countries is a phenomenon, which may bring challenges to the process of European integration because of the insufficient knowledge about its possible implications for an enlarged union. How large is the informal economy in Central and Eastern Europe? What are its sources? In what direction is it evolving? How is it different from the informal activities in EU member states? Does it represent an obstacle to further European integration? Or maybe it can serve as a bridge between accession countries and member states? The network "Toward European Integration", launched by the Bertelsmann Foundation and the World Bank, has brought together scholars and policy analysts from different countries in a first attempt to cooperate in finding answers to these and related questions.

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Corruption and Anticorruption

Корупция и антикорупция

Author(s): Author Not Specified / Language(s): Bulgarian

The analysis of various forms, mechanisms and consequences of corrupt practices and the successful attempt to counter those practices is the first step to an effective anti-corruption policy. The reader consists of articles by Bulgarian and international experts analyzing corruption and anti-corruption in politics, economy, judiciary and security forces. The publication examines the links between trafficking and corruption and organized crime and corruption based on the experience of the Bulgarian anti-corruption initiative Coalition 2000. The reader also suggests a methodology to monitor corruption and presents international cooperation and legislation aimed at countering corruption.

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In Search for Better Corporate Governance Mechanisms

В търсене на механизми за по-добър корпоративен контрол

Author(s): Author Not Specified / Language(s): Bulgarian

The reader is a new initiative in the Center for the Study of Democracy’s efforts to create conditions for more information and wider implementation of the best practices of corporate control. It is published in the framework of the Coalition 2000 anticorruption series, describing and promoting the mechanisms and practices to counteract the corruption. In a wider sense the reader is a continuation of the Corporate Governance Initiative which has prepared an Action Plan with recommendations for legislative and practical measures in the sphere of corporate control and a Corporate Governance Assessment Report which makes an attempt to do a quantity estimation based on a number of indicators.

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English-Bulgarian Corporate Governance Dictionary

Английско-български речник по корпоративно управление

Author(s): Author Not Specified / Language(s): English,Bulgarian

The Bulgarian and South East Europe experience during the last decade indicates that a successful transition to a market economy requires not only ownership transfer, but the building up of an institutional environment as well, where private property can operate effectively while being engaged with social welfare. This is a crucial component for establishing accountable, rational and owners-oriented mechanisms for economic entities management. The problems regarding the proper identification and effective implementation of these mechanisms represent the main issues of corporate governance. This Dictionary is the first specialized edition in the area of corporate governance. It is a part of the Corporate Governance Reform and Mass Media: Building Advocacy Capacity Project of The Center for the Study of Democracy's Economic Program, aimed at providing effective support to a wide range of media experts, reporting or analyzing the status and performance of Bulgarian companies. It will contribute for a better understanding of the internal business processes and their objective presentation, which the wide public needs. This pocket-size Dictionary contains around 300 terms and expressions, covering the most actively developing areas of corporate governance, law, accounting and finance, stock exchange and taxation. The authors have provided a literal translation of the English terms used, while some of them are additionally explained and clarified. The terms are presented in the universally-accepted spelling and transcription, and are grouped at the end of the publication in indecis in both languages. "In Search of Good Directors: Corporate Boards in Market and Transition Economies" (1998, CIPE, US) and "A Handbook of Corporate Governance and Selected Basic Financial and Accounting terms" (June 1994, Moscow) were used as main information sources for this Dictionary. The Dictionary is targeted at a wide range of readers--corporate managers, shareholders, financial specialists, stock brokers, bankers, university students, lecturers and everyone involved in business.

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Information Technologies Against Corruption

Информационни технологии срещу корупцията

Author(s): / Language(s): Bulgarian

The reader is the latest edition of anti-corruption series of Coalition 2000 to which CSD serves as Secretariat. The reader is published by one of the Coalition 2000's founding organizations - Applied Research and Communication Fund. It addresses the role of Information Technologies (IT) in public sector reform. It focuses on "the information age" and addresses the need for a comprehensive administrative reform agenda integrated with use of IT. The authors discuss some critical issues that emerge in the process of administrative reform. They provide evidence and figures suggesting that government and public sector organizations are ill-prepared for "the information age". In fact, many existing organizational structures, hierarchies and procedures in government were designed for a different era. IT, together with greater transparency, flatter organizational structures, and simpler procedures can help tackle some of the maladies of government. When used strategically IT can reduce red-tape, improve the quality of citizen-government interface, and increase transparency and public accountability. The reader offers the following definitions : -what it means to "reinvent government in the information age"; -what new models emerge when explaining the success and failure of any reform effort; -practical guidelines on how to improve the process of reform; -international case studies analyzing different aspects of technology-assisted public sector reform. The message to the Bulgarian reader is that electronic networks make government services and operations much more transparent, but they can also lead to new forms of corruption. Such immediate consequences should be considered in the development of administrative reform strategies aimed at combating corruption in Bulgaria.

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Anticorruption Education Manual

Антикорупция. Учебно помагало

Author(s): / Language(s): Bulgarian

It is the first manual in its kind in Bulgarian language. The manual is to be included in a university curriculum (the New Bulgarian University) and a number of other private and state-owned universities have been approached with the same purpose. The manual, edited by Dr. Antony Todorov, Associate-Professor at the NBU, is composed of 14 topics, written by a number of anti-corruption experts. It was published as a part of the Clean Future Coalition 2000 Awareness campaign. The Anticorruption manual contains the following chapters: Legal concept of corruption; Models of corruption behavior; Corruption monitoring; Spheres and forms of corruption; Abuse of political power; Corruption in the judiciary and the police; Economy and corruption; Corruption in international relations; Funding of the political parties; Legal reform against corruption; Administrative reform against corruption; Civil society against corruption; Professional codes against corruption; International co-operation against corruption.

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Media against Corruption: Obstacles and Risks in Investigative Journalism

Медиите срещу корупцията: Пречки и рискове за разследващата журналистика

Author(s): Krasimir Dobrev / Language(s): Bulgarian

This is the latest joint publication of CiviLink Foundation and Coalition 2000, dedicated to problems which investigative journalists face, while revealing corruption cases and affairs. The author, Krassimir Dobrev, is a well-known journalist and JD graduate. As a leading analyst of "Sega" Daily, Mr. Dobrev worked on several issues related to political corruption. The author expresses an opinion, that the newly adopted Law on the Access to Public Information creates rather new obstacles for journalists, than to facilitate their efforts. There still exists a legal gap in defining such notions as "an official secret". In addition, the author reviews the major legal risks that journalists face. The book outlines his "practical advice to beginners" and how to avoid libel charges. The publication also contains some of the documents relevant to investigative journalism such as the full text of Recommendation No R (2000) 7 of the Council of Ministers to the Council of Europe. The book is designed for journalists, media law experts and politicians.

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Combating Corruption and Fraud in the Public Administration

Борба срещу корупцията и злоупотребите в публичната администрация

Author(s): / Language(s): Bulgarian

Combating Corruption and Fraud in the Public Administration is titled the new anticorruption reader of Coalition 2000's series, called Clear Future. It addresses wide range of readers - civil servants, representatives of legislative and judiciary, students, academicians and NGOs, which contribute in overcoming the corruption problem in Bulgarian society. The first section contains an introduction to the Bulgarian edition by Ms. Svilena Simeonova and Mr. Valeri Dimitrov. The second section outlines the outcomes of various research, recommendations and measures to combat corruption in the public sector developed by the American expert Peter Jones. Detailed consideration is given to the circumstances and the environment, contributing to the development of fraud and corruption in public administration and the role of auditors and auditing as levers in combating these events. The third section presents the European Principles for Public Administration, which would be of great use in implementing public sector reforms in the context of Bulgaria's EU accession negotiations. The reader is published with the support of USAID.

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Judiciary and Corruption

Съдебна власт и корупция

Author(s): / Language(s): Bulgarian

Judiciary and Corruption" titles the new edition of the Anti-Corruption Readers series. It is a joint publication of Coalition 2000 and the Association of Judges in Bulgaria (AJB) and is complied by Judge Ms. Kapka Kostova, AJB President and the Associate Prof. Mr. Lazar Gruev, Ph.D., Law Faculty of St. Kliment of Ochridski Sofia University. The collection Judiciary and Corruption provides analytical comparative legal studies on the curbing of corruption issues in the judiciary and the norms of judicial ethics. It targets the legal community in this country, the university students of law and those interested in public administration, application of law and anti-corruption combat. A profound analyses over the existing access mechanisms to the magistrates' profession, the judiciary status and the guaranties for their independence and the methods for implementing their responsibilities are provided. Mr. Vladisslav Slavov, Chair of the Supreme Administrative Court and Chair of the Union of Jurists in Bulgaria is author of the Introduction, while the collected materials of basic-theoretical, analytic-applied and with applied type, are grouped in three major chapters: - Judges - Powers and Responsibilities; - Problems of Corruption: Curbing and Judicial Control; - Code of Ethics of the Bulgarian Judges.

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Corruption in a 100 Answers Manual

Корупцията в 100 отговора

Author(s): Georgi Boyadzhiev,Emil Tsenkov,Krasimir Dobrev / Language(s): Bulgarian

On October 23, 2000, Civil Link Foundation and the Union of Bulgarian Journalists co-organized a journalists seminar "Investigative Journalism Against Corruption: the New Bulgarian and European Legislature" in Plovdiv within the framework of Coalition 2000 anti-corruption projects. Mr. Georgi Boyadzhiev, attorney at law, presented the new publication of Civil Link Foundation/Coalition 2000 - "Corruption in a 100 Answers" Manual. This is the first guide dedicated to the most frequently asked questions on corruption and anti-corruption. The hundred answers to those questions are classified in five sections: • Definitions, • Temida against Corruption, • Corruption in a Larger Context, • Corruption in Bulgaria, and • Anti-corruption. What is the legal definition for corruption, can a bribe-giver avoid indictment, what is the price of global corruption in the world, who fights corruption world-wide, etc. are some of the questions answered for the readers. The guide is published by Civil Link Foundation, a Coalition 2000's partner, and is supported financially by USAID. Its authors are Georgi Boyadzhiev, head of department, Special Investigation Service, Dr. Emil Tsenkov, Senior Fellow, the Center for the Study of Democracy, and Krassimir Dobrev, journalist, Sega Daily.

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Ombudsman Institution – Concept Paper and Draft Law for Bulgaria. Foreign Legislation

Институцията омбудсман – концепция и законопроект за Българиа. Чуждо законодателство

Author(s): / Language(s): Bulgarian

The Center for the Study of Democracy Law Program has prepared the edition “Ombudsman Institution – Concept Paper and Draft Law for Bulgaria. Foreign Legislation”. The publication, which is a part of the CSD Law Program project for introducing the People’s Defender and Civic Mediators institutions in Bulgaria, is published with the assistance of the Information and Documentation Center of the Council of Europe in Sofia. The collection contains a Concept Paper on the legal opportunities for establishing these institutions in Bulgaria, together with the draft Law on the People’s Defender and Civic Mediators, both worked out by the experts to the CSD Law Program. It offers an accessible set of rules by which citizens can observe and respond to the new challenges in society in a period of considerable changes in this country. Introducing the Ombudsman institution means that Bulgaria is becoming a more democratic and civil rights respecting state. The institution is a successful mechanism for human rights defense with a strong emphasis on the principles of good governance. The publication is aimed to acquaint the public with the characteristics and the significance of the institution by offering a short overview of its development in various countries together with a comprehensive analysis on the Bulgarian environment to be established in as well. The edition includes foreign Ombudsman Acts, which served as a basis for drafting the Law for Bulgaria. They are both from countries with strong traditions in this area (Sweden, Canada and Spain) and from transition countries, in which the institution has been recently established (Poland, Hungary, Macedonia and Romania). The complete set of legislative acts on the European Ombudsman is also included. Knowing more about this particular institution is of great importance for Bulgaria’s continuing efforts for European Union accession.

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Electronic Commerce and Electronic Signature: Legal Aspects

Електронна търговия и електронен подпис: Правни аспекти

Author(s): Author Not Specified / Language(s): Bulgarian

The book offers an overview of the development of e-signature legislation in various countries and contains foreign and international acts related to e-commerce, including the legislation of the Czech Republic, Germany, the UK, the US (state of Utah), Spain and other countries, international law as well as the Bulgarian Draft Law on Electronic Document and Electronic Signature developed by CSD Law Program experts.

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Corruption in Parliamentary Practice and the Legislative Process

Корупцията в парламентарната практика и законодателния процес

Author(s): / Language(s): Bulgarian

Evgenii Dainov,director of the CSP, writes in its preface: "Without democracy - i.e. without transparency in decision-making and without public control on decision-makers - development is not possible. Corruption thrives exactly where the light of publicity does not reach." The reader contains a number of texts which provide an answer to the questions of the nature of the concept of "political corruption", its unfavorable consequences on society, etc. The problems of corruption against the background of parliamentary practice in the western countries, and in Great Britain and the USA above all, are specifically discussed. A separate section is devoted to the transition to market economy in the countries of Central and Eastern Europe.

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