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This survey is a part of the Consensus project ZZ—9710—02 ,Detailed Preparation and Planning for the Implementation of the EU Coordination Rules". It is devoted to the basic principles of the coordination and its implementation in the Bulgarian social secu- rity schemes. Several basic problems are treated in this survey — the coordination of the Bulgarian social security law with the EU-provisions as a condition for the accession of Bulgaria to the Union; the main requirements for the coordination of the social security systems according to the Regulation 1408/71/EEC; the social security system in Bulgaria; the legal regulation of social security relationships with an international elements (multi- lateral agreements, bilateral agreements, national legislation). On the basis of the legislation in force some proposals de lege ferenda as well as practical steps are offered in the process of coordination.
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The article deals with the special legal regulations concerning the liability for property damages inflicted by faulty goods in comparison with the regulations under the Council of Europe Convention of 27.01.1977 and the Directive No 85/374 of 25.07.1985 of the EEC.The specific requirements to the parties involved are discussed. Some proposals for improving the Bulgarian Protection of Consumers Law and trade rules are made.
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This article studies the ground for nullity of the transactions with an inheritance executed prior to the death of the deceased person: its contents and legal nature as well as the exceptions from it (i. e. cases where nevertheless the transaction is valid). The conclusion is that any transaction, irrespective of its parties, executed prior to the death of the deceased person and intended to effect the inheritance after his death is void on the ground studied. This ground is a particular case of the illegality of the trans- action pursuant to Art. 26 Para of the Law on Obligations and Contracts. Nevertheless some types of transactions (most of them unilateral and intended especially to effect the inheritance) are valid due to an explicit exemption form the nullity.
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An attempt is made in this article to study the general features of the defence of a witness as an openal procedure institute. An analysis of the Declaration of the main principles of justice for the protection of the victims of crime and abuse of powers is made first. The second part of the exposition treats a number of practical problems. Relative suggestions are stipulated for the improvement of the institute for the protection of those persons who collaborate with the juridical bodies for the realisation of their activity. In this relation the idea is grounded that it is necessary to expand the application field of this institute as well as the scope of the real defence measures by involving not only the witnesses, but also the other citizens who render assistance to the justice. The problem, whether the interrogation of an anonymous witness infringes the principles of spontaneity, verbalizing and competitiveness, is also studied. Referring to the above an analysis is made on the European standards set forth in the European Convention for the Protection of the Human Rights and the jurisdiction of the European Court in Strasbourg. The conclusion made ascertains that the interrogation of an anonymous witness in the manner it is stipulated in the Bulgarian Penal Procedure Code synchronises with these regulations and standards. In the end there are quoted several principal resolutions of the European Court in Strasbourg, which are related to the possibility for using the testimony of anonymous witnesses to sentence the defendant.
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The idea of human rights comprises the concept that they belong to every man. A number of international acts indicate the general nature of human rights being their leading feature. Great many scientists and politicians accept the universal nature of human rights almost like an axiom, i. e. one supposes without proving it. If this is understandable from a political and ideological aspect, such an approach is intolerable from a scientific point of view. The question of human rights should not become an absolute similar to the matter pertaining to sovereignty of state. The transition from the idea of human rights to the establishment of fundamental rights is a historical result of the socio-economic development. This result is not only attained through logical conclusions but after a good deal of political and social struggles, by means of a number of legislative, jurisdictional and other actions. The history of human rights despite her contradictory nature is a history of their recognition and expansion. Both of them are growing in terms of diversity and enlarging the number of their addresses as well as in terms of geography of their dissemination. The obstacles which nowadays are facing the fundamental rights are the greatest challenges on the way of their spread on a mass-scale and guarantee. There are a few obstacles, as follows: One. The contradiction between the human aspect of rights and their state existence as rights of citizen. Two. The contradiction between the formal equality of people with regard to the fundamental rights and the substantial socio-economic inequlity among them. Three. The contradiction between universalization of human rights through dissemination of Christian culture and particularism of rights, corresponding to the traditions of different nations and civilizations. Seeking of a solution to all these problems is complicated by the fact that the world enters the global economic era.These circumstances require adequate changes in the national and supranational regional legal systems so that human rights shall be guaranteed.
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The principle rules of the cassation proceedings are studied in the article and conclusions for its legal nature are made. The thesis is being substantiated that the cassation proceedings under the Criminal code are not full cassation — a control distinguishing proceedings in pure description. The cassation under the Penal code has the features of the mixed proceedings of the cassation — appellate type. In the article are examined the prohibition for the establishment of new practical findings and inferences as well as the cassation grounds by analyzing the practice of the Supreme Court of Cassation in this relation.
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Mediation is one of the most successful innovations introduced in the USA and Canada to resolve some of the problems caused by crime. Mediation programs within the criminal justice system constitute a growing component of a broader Alternative Dispute Resolution (ADR) movement. Because practitioners have found that mediation can be a less combative, less costly, more flexible, and more expeditious process than litigation, mediation has emerged as a primary means to avoid litigation. The success of mediation in diverse, non-criminal context legitimated the notion that mediation should be explored as an alternative means of resolving some of the problems encountered in handling the criminal conflict. Operating within or alongside the criminal justice system, advocates have created programs and trained mediators to facilitate face-to-face meetings between victims and offenders of crime the purpose of which is to help the parties come to an agreement in an attempt to make the situation as ,right" as possible.
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The article focuses upon a short presentation of the historical, legal and philosophical context of the European citizenship. European citizenship is a new concept in the United Europe. It creates a significant federal precedent. The author emphasizes upon some basic doctrines of the leading authorities that define and add a different viewpoint upon the European citizenship. The legal characteristics of the European citizenship is based upon some of the leading Bulgarian legal authorities with a certain attention drawn upon some problems, which are so far unfamiliar to the national public.
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