ИМА ЛИ МЕСТА УЗАЈАМНОСТИ У ДОМЕНУ СУКОБА ЗАКОНА У МЕЂУНАРОДНОМ ПРИВАТНОМ ПРАВУ?

Author(s): Milorad Ročkomanović / Language(s): Serbian / Issue: 24/1984

L'objet de l'intérêt de Fauteur repésente la cuestion de l'application du concept de réciprocité dans le domaine des normes de collision, c'est à dire en matière du conflit de lois en droit international privé. L,auteur constate que cette ideé est peu utiliseé en science jurdique bien qu'elle soit présente dans' les lois de certains pays du monde, généralement par rapport à l'application du droit étranger aux rapports de succession avec l'élément étranger.Après avoir exposé les positions en doctrine juridique recommandant l'idée de réciprocité appliquée dans le domaine du conflit de lois, l'auteur met en évidence les contre-arguments à cette thèse, en soulignant qu'un tel élargissement de l'institut de réprocité, en dehors de ces domaines où la présence est la plus fréquente (droits civils des étrangers et le conflit de juridictions, c'est à dire la reconnaissance et l'exécution des décisions judiciaires étrangères), signifierait une usurpation directe et inadmissible sur l'autonomie des états lors de la naissance des normes de collisions. Ceci aboutirait, à son avis, aux tendances négatives et' aux phénomènes dans les relations parmi les états sur la plan de la réglementation de la problématique de laquelle s'occupe le droit international privé. C'est pourquoi dans l'application de ses propres normes de collisions, il faudrait aller jusqu'à la fin et indépendamment du fait si. dans le. cas opposé étant délibéré par un t mbinal étranger le droit interne serait proclamé compétent.

ИМА ЛИ МЯСТО ЕВТАНАЗИЯТА В СЪВРЕМЕННОТО ОБЩЕСТВО?

Author(s): Iliana Dineva,Georgi Mihailov / Language(s): Bulgarian / Issue: 1/2019

The attitude towards euthanasia causes deepened polemic in the modern society which provokes this examination. The topic is analyzed primarily from philosophical - legal point of view, putting the accent on the human life as a fundamental value that makes a mark for the civilization choice of society and its members. There are considered different arguments for and against institutionalization of euthanasia, while at the same time appropriate conclusions are made.

Има ли търговецът — юридическо лице, права и задължения с оглед на личността

Author(s): Grigor Naydenov Grigorov / Language(s): Bulgarian / Issue: 4/2002

Some legal relations between the subjects of Civil law arise with a view to their person¬ality (intuitu personae). These relations have their own features in comparison to the rest of the relations. In particular the rights intuitu personae are not transferable and cease to exist with the death of one of the participants in the relation. The obligations are to be fulfilled only by the debtor and nobody else may fulfill them. The relations in commerce are commercial rather then personal. Therefore no relation in commerce is regulated by Commercial law as intuitu personae. On the other side every trader takes part in numerous relations with other persons in the course of his activity. The question in this connection is whether a trader with legal personality can create relations with a view to his personality. The question is answered in the article.

Имиграционната политика в законодателството на следосвобожденска България

(По примера на Закона за населяване на ненаселените земи в България)

Author(s): Mario Aleksandrov / Language(s): Bulgarian / Issue: 5-6/2015

The aim of this research is building up a concept in Bulgarian legislation during the period of 1878–1912 concerning the immigration policy. The major conclusion of the analysis made is that during the researched period, the Bulgarian lawmakers still lack consistency in the implementation of this policy as a factor concerning the demographic development of the country.

ИМОВИНСКОПРАВНИ ПОЛОЖАЈ ЛОКАЛНЕ САМОУПРАВЕ

Author(s): Radmila Kovačević-Kuštrimović / Language(s): Serbian / Issue: 36-37/1996

The right of self-administration is guaranteed by the Federal Law, as well as by the Constitutions of the Republics. A legal basis has been made for the foundation of local communities (boroughs, towns, the Capital) in which the citizens would satisfy their mutual needs either directly or through certain bodies they would elect themselves. However, the realization of this right depends on the legal status of self-administration property. Should the local self-administration be guaranteed no property, or only a restricted property, the right of local self-administration may remain only illusory.The laws that regulate local self-administration, as well as other financial laws, stipulate the conditions for self-administration finan¬cing. In principle, there are two types of the self-administration pro¬perty rights: vested (proprietary), and state-provided rights intended for the realization of certain tasks assigned to the local self-admini- stration by the state.The unfavorable position of the self-administration is, yet, induced by a great number of reasons. Some of them have originated from the general economic crisis, stagnant economic development, and retarded changes in the local self-administration financing. Other reasons are direct consequences of the state authority centralization, which marginalized the local self-administration in spite of the extremely great importance of the functions it is entitled to accomplish. The local self-administration has no access to the national capital market, which hinders the increase of its property and disables efficient and thorough satisfaction of local needs. Local authorities do not even have a consultative role in the decision-making about the sources of income that represent the basis for the local self- administration property. A lack of "freely acquired property" (income, material resources) not only obstructs adjustment to real local community expenditures, but it excessively limits the financial and normative autonomy of a local self-administration.

Императорските декрети и ролята на императора в правораздаването

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian / Issue: 2/2013

The article is dedicated to a less known type of constitutions, the so-called decrees, which were issued by the Roman Emperors. In Roman law decrees, however, especially in the age of the Empire, is a certain type of imperial constitution. The article examines the etymology of the term and the legal nature of the imperial act. The imperial decrees constitute decisions to specific cases submitted for decision to the Roman Emperor as sole or appellate court. They were bound not only the parties themselves, but were precedents erga omnes. These decrees are predecessors of modern case-law. Through the above-mentioned decrees the Roman Em-peror played considerable role in the law-making and deliverying justice in the Age of Antiquity.

ИМПЕРАТОРСКОТО ЗАКОНОДАТЕЛСТВО ОТНОСНО ЕПИСКОПСКИЯ СЪД (EPISCOPALIS AUDIENTIA ) В ТЕОДОСИЕВИЯ КОДЕКС

Author(s): Methody Shushkov / Language(s): Bulgarian / Issue: 2/2015

The article is dedicated to the imperial constitutions in the Theodosian Code concerning a bishop's jurisdiction in civil matters (CTh.1.27.1 and CTh.1.27.2). The compulsory jurisdiction of the bishop's court according to the law of emperor Constantine I promulgated 318 AD (CTh.1.27.1) and the authenticity of the text are justified. The transformation of bishop's jurisdiction to arbitration inter volentes with the constitution promulgated 408 AD (CTh.1.27.2) is demonstrated. The problems of appeal and enforcement of the bishop's decisions under the two imperial laws are discussed.

Империје – логика владавине светом– од старог Рима до Сједињених Држава

Author(s): Dušan Dostanić / Language(s): Serbian / Issue: 3/2011

Book Review

ИМПЕРСКИЯТ СЪВЕТ, ЗЪБНОТО КОЛЕЛО НА АДМИНИСТРАТИВНАТА МОНАРХИЯ ПО ВРЕМЕТО НА АНТОНИНИТЕ И СЕВЕРИТЕ

Author(s): Michael Christol / Language(s): Bulgarian / Issue: 1/2018

The purpose of this study is to demonstrate that the continuity between Roman administrative law and modern administrative law is not limited to life experiences, facts, activities or even institutions, but also covers "theoretical" and essential aspects of administrative legal science such as general principles of law.

ИМПЛЕМЕНТАЦИЯ НОРМ МЕЖДУНАРОДНЫХ ДОГОВОРОВ В ОБЛАСТИ АВТОРСКОГО ПРАВА В ЗАКОНОДАТЕЛЬСТВО РОССИЙСКОЙ ФЕДЕРАЦИИ: ФОРМИРОВАНИЕ НОВОГО В ПРАВОВОМ РЕГУЛИРОВАНИИ

Author(s): Roza Iosifovna Sitdikova / Language(s): Russian / Issue: 4/2013

The article investigates the features of implementation of the civil rules of international treaties in the sphere of copyright in the legislation of the Russian Federation. It is concluded that the above implementation has a proactive nature. The influence of the provisions of international treaties on the development of national legal systems is considered. The main trends in the development of the legal regulation of relations in the field of intellectual property usage are analyzed.

Импликације владавине права на привредни раст

Author(s): Aleksandar Mojašević / Language(s): Serbian / Issue: 04/2013

The subject matter of this paper is the causal relation between the rule of law, understood as universal protection of private property rights and contract rights, and economic growth. The aim is to examine to what extent the rule of law is important for the increase of per capita income and whether the rule of law is a sufficient condition for that increase. Hence, the author provides an overview of the current theoretical and empirical research on the relation between certain rule of law indicators (primarily the protection of property rights and contract rights, and other related indicators) and economic growth. In particular, the author focuses on the evaluation of the rule of law in our country based on the unique methodology applied by relevant international organizations (the Fraser Institute, the Heritage Foundation, and others) to measure the degree of economic freedom in countries worldwide. The goal is to determine Serbia’s position in the world regarding the protection of property rights and contract rights, examine the implications of the rule of law for economic growth in Serbia and, on these grounds, make specific recommendations to the officials in charge of our economic development policy to institute the reform measures which are necessary for increasing the economic growth rate. The general conclusion is that it is essential to make a sharp turn in our country towards strengthening the rule of law and other components of economic freedom in order to accomplish a long-term economic growth (growth of per capita income).

ИМУНИТЕТ НА ДЪРЖАВНИЯ ГЛАВА

Author(s): Krastyu Georgiev / Language(s): Bulgarian / Issue: 1/2011

It is possible a head of state to be held accountable for acts allegedly committed while he was in his post? To what extent a plea of immunity or nonjusticiability may be available? The article argues that neither jurisdictional immunities nor act of state are consistent with the notion of crimes of international law and that the relationship between human rights law and the law of jurisdictional immunities demands changing in the doctrines.

Имуност арбитраже на политичке прилике

Author(s): Jelena Belović / Language(s): Serbian / Publication Year: 0

The Award of the International Chamber of Commerce (hereinafter:Arbitration) in the case No.16369/GZ from 27. April 2011, is interesting not only because of the fact that one of the actors is Trepca company engaged in mining and smelting, which is now re-registered as Trepca Enterprise under Kosovo Trust Agency Administration (founded by United Nations Mission In Kosovo Administration). Nonetheless, in this arbitral proceeding, there were more than one Respondent’s requests to point of lack of the Arbitration Jurisdiction on the ground of social and political circumstances.However, the Arbitration notes that it shares the modern view that state-owned or government-controlled enterprises must not be allowed to shield themselves against claims from creditors by involving public law induced impediments with a view to excusing themselves from not living up to their commercial commitments. There is one more interesting point in this case, since the public-law limitations derives not from a state, but from international community. As a matter of fact, there is a „hybrid“ model of public-law limitations, since some of limitations could be attributed to international community, and some of them plays role only on the local level.

Имуществена отговорност във връзка със сделки на капиталовите пазари, сключени при невярна информация

Author(s): Polya Goleva / Language(s): Bulgarian / Issue: 1/2018

The article analyses the problem about the liability by the emission of securities, the liability of stock brokers and regulatory authorities for damages, caused to the investors on the capital markets. The problem is not good resolved in our current law ant this is one of the reasons for the lack of practice on this field. Usually the investors may be damaged as a result of badly worked out prospect by its issue or untruth and unprofessional consultation given by the stock brokers, whose main function is to give a good advice to their clients.

Имуществена отговорност по Закона за държавния вътрешен финансов контрол

Author(s): Ivan Stoyanov / Language(s): Bulgarian / Issue: 3/2003

FINANCIAL LAW

Имуществената санкция по Закона за защита на конкуренцията

Author(s): Emilia Mitkova / Language(s): Bulgarian / Issue: 1/2013

The article analysis an issue of significant practical importance - the monetary penalties imposed under the Protection of Competition Act. It examines in detail the contradictions in case law concerning this issue and the problem of the administrative jurisdictions which decide legal disputes and the particular legal nature of their acts.

Имуществената санкция по чл. 83 от Закона за административните нарушения и наказания

Author(s): Svetla Yankulova / Language(s): Bulgarian / Issue: 2/2019

The subject of this article is the property sanction under article 83 of The Law for the administrative offences and sanctions. The text presents a detailed analysis of the different statements of the legal nature of the property sanction, the function of the institute during passing the law and nowadays. The author states its opinion on this also. The property sanction is compared with the administrative penal liability by the subjects and the grounds for its imposition. The question of the function of the property sanction in The Bulgarian legislation is raised keeping in mind that this sanction nowadays is mainly about paying a certain amount of money and it looks like too much of a fine.

Индекс за мониторинг на условията в затворите: методология и пилотни резултати

Author(s): Dimitar Markov,Maria Doichinova / Language(s): Bulgarian / Publication Year: 2015

International organisations, national governments and human rights NGOs exercise various types of monitoring of the penitentiary systems. In order to quantify their results, there are some generally accepted indicators (such as the number of inmates per 100.000 citizens), but in many specific areas like healthcare, employment, security and safety, such indicators have never been applied. Therefore, those monitoring efforts will substantially benefit from an instrument capable of supplying comparable and easy-to-use data on the situation in prisons. To address this need, the Center for the Study of Democracy, in cooperation with the Dortmund University of Applied Sciences and Arts, the Observatory on the Penal System and Human Rights with the University of Barcelona, the Law Institute of Lithuania and Association Droit au Droit, developed a Prison Conditions Monitoring Index (PCMI) – a system of indicators translating into comparable figures the situation in different prisons. In the end of 2014, the PCMI was piloted in several prisons in Bulgaria, Germany and Lithuania to test its operability and analyse the potential use of the results it generates. The present report elaborates on the methodology underlying the PCMI and offers a summary of the results of its pilot implementation. It is intended for a broad audience of readers including policy makers, prison staff, lawyers, social workers, academics and NGOs interested in the topic of prison monitoring.

Индекси на скритата икономика в България 2002-2015: резултати и методологически бележки

Author(s): Author Not Specified / Language(s): Bulgarian / Publication Year: 2016

The current document presents the methodology for calculation of the Hidden Economy Indexes in Bulgaria among the population and the business, as well as the results of the surveys for the period 2002-2015. Hidden economy surveys in Bulgaria have been carried out by the Center for the Study of Democracy and the market and social research agency Vitosha Research since 2002. Based on data from these surveys, a system of synthetic measurements in the form of composite indices for assessment of the hidden economy was developed. The reason for choosing these particular indicators was to reduce the multiple aspects of the hidden economy phenomenon to a manageable number of illustrative and easy to interpret the indices. The survey questions and sub-indexes, which form the Business Hidden Economy Index and the Index of the Hidden Economic Activity of the Population, are presented in the document. The authors underline the difference between the terms official economy (legal and reported), informal economy (legal, yet unreported), illegal (black) economy (illegal and unreported) and undeclared (gray) economy (legal, formally registered, yet unreported). The last three form the composite term hidden economy.

Индивидуализация на поземления имот и право на собственост

Author(s): Neyko Dimitrov / Language(s): Bulgarian / Issue: 3/2011

DISCUSSIONS