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This report presents the standard for the exercise of police powers, known as „absolutely necessary when using firearms, physical force and aids by police officers.“ In Bulgarian context emphasis is placed on the implementation of this standard, adopted by the Council of Europe, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the Court of Human Rights in Strasbourg. This was achieving through active collaboration between the political and professional leadership of the Ministry of Interior, the Prosecutor’s Office, the non-governmental sector, the Ombudsman. In the context of the post-monitoring dialogue with the Council of Europe the standard was successfully introduced in Bulgaria on July 1, 2012. In a series of reports implementation through a change in the law of the Ministry of Interior was assessing positively by the Council of Europe. The author of the report served as Deputy Minister of the Interior from 2009 to 2013 and led the whole process formalising an agreement the idea of change, conducting the public discussion, leading working groups, drafting a law and defending in the National Assembly.
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The Criminal Law Convention on Corruption of the Council of Europe (in force since 2002) plays an important role in shaping the country‘s penal policy in the field of anti-corruption. The very criminalization of bribery in the private sector in Bulgarian criminal law is caused by and the result of the implementation of the commitments of our state under this convention.
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The exhibition examines the hypotheses under which for the needs of criminal proceedings it is necessary to appoint special categories of forensic examinations - those performed by specialists with in-depth knowledge in various fields of science - complex examinations; or performed by more than one specialist - in collective forensic expertise.The exhibition examines the hypotheses under which for the needs of criminal proceedings it is necessary to appoint special categories of forensic examinations - those performed by specialists with in-depth knowledge in various fields of science - complex examinations; or performed by more than one specialist - in collective forensic expertise.
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This paper presents the possibilities for analysis and prevention of the challenge of burnout in modern organizations; as dynamic and complex systems that should adequately respond to changing environmental conditions. The various definitions and interpretations of the phenomenon in the work environment are considered. The interconnection between professional burnout and work from distance in an electronic environment also stands out.
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At first glance the state of emergency is an attractive instrument for dealing with different kind of crisis. It gives to the executive power extraordinary prerogatives in order to manage with and control a concrete extreme situation. It seems like emergency and crisis are used as synonyms; which makes the suspension of a state of emergency a difficult task. In this context; the text examines in a comparative perspective that very state of emergency; its practical implementation and the appearance of new notions related to the sanitary emergency. Is it possible to talk about it as an effective instrument of managing social crisis and public fear and what are the consequences?
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The aim of enacting interim measures in the respect of children; that are decreed in a matrimonial process or by dispute between the parents over the exercise of parental rights; the regime of personal relations and maintenance (Article 127; paragraph 3 of the Family Law) is to provide and guarantee the protection of the interests of the child during the period of time; in which the court proceedings are pending. The purpose of this report is to make a short analysis of the change in the interim measures in the respect of children; which are decreed in the proceedings: - on divorce by lawsuit; according to the provision of art. 49 of the Family Law; - in a dispute regarding parental rights; according to the provision of Art. 127; para. 2 of the Family Law;
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The report reveals essential features of the right to freedom of thought; conscience and religion; according to its regulation in Art. 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the practice of the ЕCHR. It presents the criteria by which a restriction of this right shall be considered justified. A retrospect of those norms of the Bulgarian penal laws - from the First Bulgarian Penal Law (1896) to the entry into force of the current Penal Code - which regulate crimes against faith and beliefs is made. The crimes against the religious groups and denominations and some other relevant crimes are analysed; the trend in their future development also is outlined.
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The current research examines the case law of the European Court of Human Rights; containing rulings on issues related to search and seizure in cases against the Republic of Bulgaria. Relevant normative regulations are reviewed; which have not been adhered to in the respective cases. They are connected with the conduct of searches and seizures in cases of urgency; and with the preliminary and subsequent judicial control over these investigative actions. It has been found that the established violations are not a consequence of imperfections in the legislation; but of omissions and flaws in law enforcement.
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The Council of Europe (CoE) is the first international organization established after the Second World War; with the main goal of eliminating all the causes and preconditions for the next military conflict. At its core; the CoE is a denial of geopolitics as a form of international relations in which the strength of states‘ positions depends on their military-political power. The attack of the Russian Federation on Ukraine and the actions of the CoE caused by the changed geopolitical environment raised the question about the role of the organization in upholding the principles of modern international law. Along with the rejection of geopolitics; the CoE has; since its inception; made the protection of human rights and fundamental freedoms a priority. One of the areas of control by the CoE is the application of special intelligence tools; the application of which is assessed by lawyers; human rights defenders and security professionals as particularly sensitive to citizens. From the point of view of the correlation between security and rights of citizens; the topic of the CoE’s influence is relevant; mainly through the decisions of the European Court of Human Rights; on the actions of state bodies for security and law and citizens’ rights.
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The exhibition considers the right to work as a fundamental human right and as a natural continuation of the right to dignity - in the context of international law and the national law of the Republic of Bulgaria. Some possibilities for justified restriction of the exercise of the right to work for a legitimate purpose are also analysed. In the context of the research topic; a review of part of the relevant case law of the Court of Justice of the European Union has been made.
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The report examines the right to freedom of expression and one of the most specific and controversial boundaries set out in Art. 10; par. 2 of the European Convention on Human Rights (ECHR) - maintaining the authority and impartiality of the judiciary. The report includes a critical analysis and an overview of the most important decisions of the European Court of Human Rights; which set the standard for balance in assessing these two competing values. Special attention is paid to the latest practice of the European Court of Human Rights on this issue with a focus on the judgment of Miroslava Todorova v. Bulgaria № 40072/13 of 19 October 2021.
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This study examines the role of the European Court of Human Rights as a developer of Bulgarian human rights law incl. legislation of criminal substantive and procedural law. The author indicates some specific cases of disagreement between the court instructions and the normative changes in Bulgarian criminal proceedings. Problematic areas in the Bulgarian legislation related to the protection of fundamental human rights from the European Convention on Human Rights have been identified.
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The legal personality of the individuals is one of the basic legal concepts that provides the basis for each of the branches of law; both in the past and in the present. With the technological rise and both the development of digital technologies and the daily dynamics of legal relations; the concept of „legal personality“ has not only not lost its significance; but on the contrary; gained a meaning in a completely new and expanded context. The legal personality of individuals has managed to enrich its meaning; refracted through the prism of the modern and the new; expanding its interpretation to include the modern definition of „personal data“ as a mean for the legal individualization of the individuals. This publication aims to examine the concept of the legal personality of the individuals and its main characteristics; while presenting the contemporary view on the context of the same; including personal data as a mean of legal individualization; the protection of these data and the role of the digital technologies in all these processes.
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The method of assisted reproduction can be applied when the medical condition of the man or the woman prevents them from carrying out their reproductive functions in a natural way. In this case; the woman who gave birth to the child is considered to be the mother. A problem arises with the establishment of the identity of the father. The methods for еstablishing the identity; which can be applied; are different depending on the marital status of the partners – whether they are married or not. The law allows reproductive partnership between people who are not spouses.
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The European Convention on Human Rights provides the basis of the Council of Europe for the protection of human rights for all, including the rights of persons with mental disabilities. Moreover, the European Court of Human Rights has enshrined these rights in its case law urging member states to make legislative changes to protect the human rights of these individuals. However, Bulgarian legislation has not yet been updated and synchronized with supranational norms about persons with mental disabilities. National Legal reform is needed to guarantee human rights for persons with mental disabilities.
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Intellectual property is an amazing product of the human mind and the increasing need to be protected is one of the first duties of every manager. Protection is based on good knowledge of legislation and good coordination between different kinds of trademarks and individual signs. The best trademark is this one, which can connect one company with an exact trademark just with one look. Humans’ memory is astonishing how can make a connection deeply in the human mind with graphic images or sounds or other individual signs, which are called trademarks or business cards of your business.
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The ruling of the ECHR against Bulgaria on the case „Genov and Sarbinska vs. Bulgaria“, which acknowledged as unlawful the detention and the Court decision of the Bulgarian courts against the civil activist, call for a different approach to the monuments, remnants of the totalitarian regime in Bulgaria. Because the actual „crime“ Mr. Genov was accused of was precisely this - to have written a message and painted such a monument, situated next to the entrance of the Headquarters of the Bulgarian Socialist party, thus expressing his protest against the behaviour of the Bulgarian Government at the time. The acknowledgement by the ECHR as „admissible“ the expression of civil statements in such a way, there comes the question of the consequences for the other such monuments, still standing in public places across Bulgaria, and whether it is proper, government and municipalities to spend the taxpayers’ money on „protecting“ these from such colouring, or should they be moved to the Museum of totalitarian art.
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