Законодателната процедура в Европейския съюз

Author(s): Jasmine Popova / Language(s): Bulgarian / Issue: 4/2006

EUROPEAN LAW / The article is dedicated on one of the original features of the EU's legal construction - the complex legislative process, marked with die close interaction and repartition of powers between the supranational and national institutions, involved in the decision-making process in the EU. It consists in a detailed description on the evolution of the different stages of this process and the different types of procedures for adopting the EU legislation : consultation, cooperation , co-decision and assent procedures. The article provides an in-depth analysis of the decision-making powers of the "institutional triangle" - The European Parliament, the Council and the European Commission. The article is of interest and added value for both the academic world and the national administration (and civil society's representation), bound to be actively involved in the EU legislative process after Bulgaria's accession to the Union.

ЗАКОНОДАТЕЛНАТА УРЕДБА НА СТУДЕНТСКОТО КРЕДИТИРАНЕ В РЕПУБЛИКА БЪЛГАРИЯ ПРЕЗ ПРИЗМАТА НА ПРАВОТО НА ОБРАЗОВАНИЕ, ПРОГЛАСЕНО ОТ ХАРТАТА НА ОСНОВНИТЕ ПРАВА НА ЕВРОПЕЙСКИЯ СЪЮЗ

Author(s): Milen Marinov / Language(s): Bulgarian / Issue: 2/2019

This paper aims at examining the current legal framework in the Republic of Bulgaria, aimed at the realization of the right to education, proclaimed by the Charter of Fundamental Rights of the European Union, in terms of its financing. The purpose of the study is to answer the question of the legal means established in the state to guarantee the full exercise of this right. To achieve this, the content of the right to education is clarified, considering the specific mechanisms that the legislator in the Republic of Bulgaria has envisaged for its guarantee and protection. The latter ones have been examined in detail, and where deemed necessary, a critical analysis has been made, pointing out some legislative deficiencies and proposing solutions to these problems.

Законодателни мерки в Европейския съюз за борба срещу тероризма

Author(s): Emil Radev / Language(s): Bulgarian / Issue: 1/2018

On 21 May 2018 in the Aula of New Bulgarian University in the presence of students and professors of the Law Department a public lecture dedicated to the issue of the legislative measures in the European Union counter terrorism was presented. The lecturer was Emil Radev, PhD, who is currently Member of the European Parliament1. Prof. Ekaterina Mihaylova, chair of the Law Department of New Bulgarian University opened the event and presented the lecturer. We received the permission of the lecturer to publish the text of the public lecture in this issue of the Law Journal of New Bulgarian University.

Законодателни решения в българското трудово право обусловени от връзката му с икономиката

Author(s): Andriyana Andreeva / Language(s): Bulgarian / Publication Year: 0

The historical development of the labour law in its origin reflects its direct relation to the development of the economics. Based on this relation the report presents some of the main contemporary tendencies of the Bulgarian labour law, reflected trough the amendments in the Labour code. The accent is on these legal institutes, where the legislator remarked the contemporary necessity and made actualization of the labour legal norms as a solution. The author researches the relation of these institutes to the development of the economics and makes relevant conclusions and recommendations.

ЗАКОНОДАТЕЛНИТЕ РЕФОРМИ НА ИМПЕРАТОР ОКТАВИАН АВГУСТ

Author(s): Antonio Fernández De Buján / Language(s): Bulgarian / Issue: 1/2015

This work aims at describing and commenting on some of the main institutions of Roman law like the inheritance law of the state, tax law reform, the creation of the public police service and the misappropriation or misuse of public treasury, among others. Being created ex novo or reformed by Augustus' Legislation, they are particularly interesting because, unlike other wellknown Augustus' laws on matrimony, province and municipality, and citizenship and freedom, they have been hardly studied.

ЗАКОНОДАТЕЛНИЯТ ПРОЦЕС И ПРЕВЕНЦИЯТА НА ПРЕСТЪПНОСТТА

Author(s): Petya Shopova / Language(s): Bulgarian / Issue: XII/2015

Prevention of criminality is an extremely important social problem that can be solved with the efforts of all institutions and under the leading role of Parliament. The Parliament should formulate the main principles of national criminal policy and the politics of prevention of crimes. This must be realized through the legislative process and an effective parliamentary control on the government.

Законодателното уреждане на индустриалните отношения в България – състояние и перспективи

Author(s): Evgueni Evgueniev / Language(s): Bulgarian / Publication Year: 0

This report concerns some of the main trends in the development of the industrial relations in Bulgaria. The document gives an overview of the current state of the art and makes recommendations for the future improvement of the industrial relations

ЗАКОНОДАТЕЛСТВОТО – ОСНОВА НА НАЦИОНАЛНАТА СИГУРНОСТ

Author(s): Lyubomir Novikov / Language(s): Bulgarian / Issue: 1/2017

In aspect of national security this article is an attempt to compare the results of the national legislations, the controversial legislative decisions and the law of UN and EC

ЗАКОНОДАТЕЛСТВОТО ЗА АКАДЕМИЧНОТО РАЗВИТИЕ В РЕПУБЛИКА БЪЛГАРИЯ

Author(s): Darina Zinovieva,Ekaterina Salkova,Hristo Banov,Jivko Draganov / Language(s): Bulgarian / Publication Year: 2018

Законодателството за равните възможности на жените и мъжете: тенденции и перспективи

Author(s): Genoveva Tisheva / Language(s): Bulgarian / Issue: 3/2002

The article proposes a topical commentary with regard to the forthcoming adoption of a new Prevention of Discrimination Act in Bulgaria, which will regulate discrimination based on sex along with the other reasons of discrimination. The issue of legislation on gender discrimination and equal opportunities for women and men in Bulgaria is considered in the context of EU accession. The topics considered are: does a general antidiscrimination act exclude the need for a special gender equality act; what is the minimum content of the legal regulation and the institutional guarantees for equal opportunities: does Bulgarian legislation correspond to EU and international standards. The conclusion of the author is in favour of adoption of a separate gender equality act. This will bring Bulgarian legislation in compliance with EU acquis and soft law in the field of EU legislation and policy.

ЗАКОНОДАТЕЛСТВОТО ЗА РАЗВИТИЕ НА АКАДЕМИЧНИЯ СЪСТАВ В АДМИНИСТРАТИВНОТО ПРАВОРАЗДАВАНЕ

Author(s): Darina Zinovieva / Language(s): Bulgarian / Publication Year: 0

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.

Законодательная регламентация принципов уголовно-правового регулирования в нормах статута Великого княжества Литовского 1588 года

Author(s): Rimma N. Klyuchko / Language(s): Russian / Issue: 1/2012

Law principles are recognized as the main ideas which reflect the meaning of legal regulation. The rules of the Grand Duchy of Lithuania’s Statutes of 1529, 1566, 1588 contained the legislative background of the criminal legal regulation’s principles. Despite the low level of the law’s technical development, and the high casuistic nature of the Statutes’ rules, they codified the main progressive principles of the criminal law. The subject of the principles of legality, personal liability and responsibility which are fixed in the rules of the Grand Duchy of Lithuania’s Statute of 1588 are analyzed in the article. The article also makes an investigation into the historical conditions of their fixation in modern criminal law. In spite of the class approach of the legal regulation in the Middle Ages, the Statute’s rules confirm the progressive ideas of the remission of penalties for lawless juveniles. The most progressive of the Statute’s rules were those which fixed the principles of the personal liability and responsibility. Developing the conception of the responsibility of guilt, the Statute fixed progressive statements for its time about the absence of reasons for imposing criminal responsibility upon insane persons.

ЗАКОНОДАТЕЛЬНОЕ РЕГУЛИРОВАНИЕ ОСНОВНЫХ ФОРМ ВЗАИМОДЕЙСТВИЯ УПОЛНОМОЧЕННЫХ ПО ПРАВАМ ЧЕЛОВЕКА И КОНСТИТУЦИОННЫХ (УСТАВНЫХ) СУДОВ В СУБЪЕКТАХ РОССИЙСКОЙ ФЕДЕРАЦИИ

Author(s): Gulnara Rushanovna Khabibullina / Language(s): Russian / Issue: 4/2013

The article analyzes the existing models of legislative regulation of the main forms of cooperation between Human Rights Commissioners and constitutional (statutory) courts in the subjects of the Russian Federation. The author gives practical recommendations for further improvement of regional legislation.

Законодательные гарантии трудовых прав личности и практика их защиты в России

Author(s): Andrei Popov / Language(s): Russian / Issue: 40/2004

A Russian employee has three months after he or she was supposed to find out about a violation of his or her employment right to file a lawsuit. A candidat of law from Krasnoyarsk finds this law discriminatory and biased in favor of employers.

ЗАКОНОДАТЕЛЬНЫЙ ДИСБАЛАНС: ОСНОВНЫЕ МОДЕЛИ

Author(s): Sergey Aleksandrovich Belousov / Language(s): Russian / Issue: 4/2014

The article analyzes legislative disbalance as a negative phenomenon in modern Russian legal reality. The definition of this phenomenon is formulated, and its two basic models are characterized: disbalance as an inconsistency (for example, between goal and means in law) and disbalance as an inequivalence (for example, between rights and duties, permissions and prohibitions).

Закономерности и информация в правото

Author(s): Vladimir Iv. Gueorguiev / Language(s): Bulgarian / Issue: 1/2003

Automation of legal information gives birth to new information – different and often very independent from the elements of particular pieces or bits existing data. This new information needs protection and safety. In the last ten years modern European legislation has made very successful normative models in the field of data-protection of personal information and in with protection of public information admission. The actual information-retrieval systems implements the idea of art. 41 of the Constitution (1991): according to it the freedom of information is a condition of personal data protection and protection of the classified (secret) information.

Законоправило Светог Саве као смјерница савременом законодавству

Author(s): Stanka Stjepanović / Language(s): Serbian / Publication Year: 0

St. Sava also included in his Zakonopravilo some of the secular legislation which he had taken from the Byzantine collections, with the aim of directing the Serbian state and its subjects in a legal way and thus extending Serbian customary law to secular laws. Jeftimije Jovanovic has been studying Zakonopravilo for forty years and wrote a first textbook based on Zakonopravilo. Sergei Viktorovich Troicki also studied Zakonopravilo for as many years as Jeftimie Jovanovic and left numerous papers and especially detailed guidance on how photo-types of the Zakonopravilo should be made. The author points to the need to consolidate the study of the Zakonopravilo of St. Sava in the works of Jeftimie Jovanovic and Troicki and believes that this would lead to the conclusion that St. Sava is the creator of legal terminology, not only among Serbs, but among other Slovenian nations as well. Author thinks that connecting the study of the Zakonopravilo of St. Sava with works of Jovan Hadžić, Slapkin, Beneševič and Valtazar Bogišić, would lead the doctrine of church and civil law to the conclusion that returning to sources is the safest route to the modern organization of legal institutes. The Zakonopravilo could be a guideline for the legislator on how to adopt applicable regulations that will be tailored to the addressees' needs, taking into account geographical location and economic and social status.

Законосъобразно изпълнение на задълженията на работодателя по чл. 140, ал. 3 от КТ и по чл. 285, ал. 1 от КТ

Author(s): Anna Filcheva / Language(s): Bulgarian / Issue: XIV/2016

The employer's obligations under Art. 140, Para. 3 of the Labour Code and Art. 285, Para. 1 of the Labour Code to provide food and beverage to its workers or employees under certain conditions are analyzed in the article in order to give an answer to the question if the replacement of the performance „in nature“ of the employer with its monetary value is in conformity with the law and its consequences.

Законосъобразност и обоснованост на съдебния акт в наказателния процес

Author(s): Adelina Hadzhiyska / Language(s): Bulgarian / Issue: XIV/2016

The subject of this report are the concepts ,,legality and validity” of judicial decisions in criminal proceedings. An attempt to give a full and complete definition of each of them. It has a focus on the relationship between “legality” “and soundness” of the judicial act, and their importance for proper consideration and resolution of the criminal case.

Законотворчеството като експеримент

Author(s): Evgenia Ivanova / Language(s): Bulgarian / Issue: 2/2019

The text is focussed on the results of restrictive measures of the Bulgarian state aiming at avoiding ‘Islamic threat’ . The dynamic of the attitudes and the degrees of socialization of the society of Gipsy Salafi in the town of Pazardzhik are followed. For 8 year in the town court cases have been held popularly denoted as ‘cases for radical Islam’. The conclusion of the author based on several years of qualitative and quantitative research demonstrate that there is direct dependence between the religious zeal and increase in its external attributes on one side and the degree of pressure which is systematically implemented by the state and society upon this society on the other side. The strong religiosity does not favour (up to now) extreme behaviour but it would not be stated with certainty that this tendency would be valid in the future for the next generations. It would not be excluded that part of them would be radicalized, but the basis for such behaviour would be not religious but social one.