Секундарни извори права Европске уније

Author(s): Zoran Radivojević / Language(s): Serbian / Publication Year: 0

Particular sources of European Union law are legal acts adopted by its institutions. Since being adopted under the authority derived from the founding treaties, they are called secondary sources of EU law and the provisions contained in these are called secondary law. Legal acts of the Union may be legal acts or acts that do not have a legal character. Both types of documents bear the names of regulations, directives or decisions. When it comes to acts without legal character, as a special type appear delegated and implementing acts adopted by the European Council. The exception is the field of common foreign policy and security policy, in which the bodies of the Union adopted general guidelines and strategic directions as binding documents that have political significance and programmatic decisions which are in function of their operationalization. Through their activities EU institutions brought some documents which have legal effect for the subjects of EU law and are a source of law even though not expressly provided for in the Treaties. For lack of a better name they are called unnamed acts or acts of sui generis body of the European Union.

Семейно право – въпроси, разсъждения, практика

Author(s): Tsanka Tsankova / Language(s): Bulgarian / Issue: 4/2017

In the context of the traditional and modern concept of the family, the article discusses the family law institute of filiation. The attempts to enlarge the scope of legitimate persons able to contest the recognition of the child are critically examined. The disapproval of the Interpretative decision of the Supreme Court of Cassation of 2014, which rejects the right of the child to rebut the presumption of paternity is a centre of the article. Arguments from the international conventions, to which Bulgaria is a state party, from the Constitution as well as from the classical academic writings are submitted.

Семейно правосъдие в обществото на късната модерност

Author(s): Velina Todorova / Language(s): Bulgarian / Issue: 3/2014

The note presents briefly the Seminar "Delivering Family Justice in Late Modern Society: reform, new management, and the changing role of courts and lawyers" held in Onati International Institute for Sociology of Law, 15-16 May, 2014. The Seminar was organised by Mavis Maclean and Benoit Bastard, Convenors of the Family Law and Policy subgroup of the Legal Professions RCSL Working Group. Researchers from variety of jurisdictions -the UK, France, Spain, Poland, Canada, Australia and Bulgaria discussed the neoliberal trends in policies towards access to family justice.

Семейното правосъдие в съвременното българско общество

Author(s): Velina Todorova / Language(s): Bulgarian / Issue: 4/2014

A Seminar on the above subject was organized by the Institute for the State and Law – BAS in cooperation with the Centre for Training of Lawyers – “K. Tzonchev” on 26 June 14. It attracted the interest of 54 practicing lawyers, academics and government officials. The discussion was focused on four subjects: access to legal aid in family disputes, family mediation as means for dispute resolution and its development and potential conflicts with the access to court and legal counseling, justice in court decisions and the need of specialization in the court system to deal with family cases.

СЕМЕЙНЫЕ ОТНОШЕНИЯ И СЕМЕЙНОЕ ПРАВО КРЯШЕН (КРЕЩЁНЫХ ТАТАР) ВОЛГО-УРАЛЬСКОГО РЕГИОНА В XIX – НАЧАЛЕ ХХ В.

Author(s): Radik Ravilyevich Ishakov / Language(s): Russian / Issue: 3/2015

The paper describes the specifics of family relations and family law of the Kryashen Tatars in the Volga-Ural region during the 19th and early 20th century. Using a wide variety of historical and ethnographic materials, it is demonstrated that relations in the family were governed by customary law. Everyday life, customs, and festive family rituals of the rural Kryashens are studied.

СЕМЕЙСТВО И НАСЛЕДЯВАНЕ ПО ЗАКОН В РУМЪНИЯ – ЗАКЛЮЧЕНИЕ

Author(s): Mircea Dan Bob / Language(s): Bulgarian / Issue: 1/2017

We conducted from October 2011 up to November 2016 a research on the evolution of the family concept and its influence on the legal succession order in Romania. Our scope was to provide an in depth analysis of the complex social, historical, philosophical and religious factors who worked together in modern and post‐modern Romanian civil law history, in order to evaluate the answer given by the recently enacted civil code of 2011.The paper hereby can give an idea on the conclusions we drawn at the end of our work. It argues mainly if the new provisions are covering all the aspects drawn into practice by the family – in its traditional and recent presentations. We focus on the successive versions of the civil code's Book dedicated to the Law of successions, part of them being authored by ourselves. We take into account the recent evolutions in the Family law and in the Law of successions of several European and non‐European countries, with a special accent on France and the Canadian province of Québec – who deeply influenced the former and the present Romanian civil codification. The research ends with a set of conclusions leading to de lege ferenda propositions, meant to improve the actual state of the new Romanian civil code on the emphasized subject. They are meant to satisfy the specific needs of the present day Romanian society and to keep in touch with the tendencies we drawn out of the experience of comparative law of successions.

Семейството като източник на родителските права и задължения, съгласно практиката на ЕСПЧ по чл. 8 от ЕКПЧ

Author(s): Мihail Malchev / Language(s): Bulgarian / Publication Year: 0

The clarification of the concept of family and related concepts of parental rights and obligations is based on an analysis of the case law of the European Court of Human Rights. In this respect, current and discussion issues of parental rights and obligations according to the ECHR practice under Article 8 of the ECHR are discussed. Special attention has been paid to the judgments handed down by the Court in cases against the Republic of Bulgaria.

Семинар „Актуални правни проблеми" / Институтът „изменение на обвинението" в наказателния процес

Author(s): Author Not Specified / Language(s): Bulgarian / Issue: 3/2006

SCIENTIFIC LIFE

Семинар „Актуални правни проблеми" / Хармонизирането на семейното право в Европа и българското семейно право

Author(s): Desislava Tsekova / Language(s): Bulgarian / Issue: 3/2006

SCIENTIFIC LIFE

Семинар в Института за правни науки на тема: „Гражданският иск в наказателния процес"

Author(s): Gergana Marinova / Language(s): Bulgarian / Issue: 3/2008

SCINTIFIC LIFE

СЕМИНАР ЗА SOFT LAW С ЧУЖДЕСТРАННО УЧАСТИЕ

Author(s): Dimitar Hanev,Dimitar Topuzov / Language(s): Bulgarian / Issue: 3/2016

Семинар за разноските в гражданския процес и представяне на сайта „Съдебно право“ на Съюза на съдиите в България

Author(s): Ivaylo Vasilev / Language(s): Bulgarian / Issue: 4/2015

SCIENTIFIC LIFE

Семинар на тема „Брачни отношения и брачен договор - правни и икономически аспекти”

Author(s): Yaroslava Genova,Angel Shopov / Language(s): Bulgarian / Issue: 1/2014

Research team from Plovdiv University, Bulgaria, presented there a seminar in November 2013. The team includes researchers in various branches of Law and a researcher in Economics. Jurists-civilians Krassimir Mitev, PhD and Angel Shopov, PhD presented their collective work on legal views on marriage. Main question was whether it is a special kind of contract or not. They shared the opinion that marriage could not be considered as a kind of contract. Atanas Vladikov, PhD in Economics commented statistical data on marriage model in Bulgaria. He had second intervention at the seminar’s end on the US approach for evaluation of human capital within the marriage. Dimitar Topuzov, PhD student in Family Law, defined marriage contract (or marital agreement) and reviewed its main Bulgarian legal regulation through comparative prism. Radoslava Yankulova, PhD student in Constitutional Law, scrutinized the German experience on the horizontal effect of constitutional rights in the light of marital agreement. At the end, Yaroslava Genova, PhD in Labour and Social Security Law, explored the topic “Right to work, salary and marriage contract”. Seminar participants had to answer to many questions. The audience was of different profession and social activity – there were jurists, students, sociologists, etc. Research team is planning to publish collected works on the discussed topic.

СИГУРНОСТ НА ДЪРЖАВАТА ИЛИ ПРАВА НА ГРАЖДАНИТЕ

Author(s): Anton Stankov / Language(s): Bulgarian / Issue: 1/2017

The article criticizes the Counter-Terrorism Act, adopted at the end of 2016, in several directions. First of all, some inconsistencies in the adoption of the law itself with the Act on Legal Acts are emphasized - formal motives, lack of reference for compliance with the European Convention of Human Rights, and the fact of the adoption of the law in these irregularities. The legal and factual contradictions between the bodies and structures in the Counter-Terrorism Act are analyzed as well as some problems in the field of exchange of information between the structures involved. It is underlined the lack of possibility to issue secondary legislation to ensure interaction. It is pointed out that the lack of an international legal definition of terrorism does not exempt national legislation to regulate such. The provided powers of the army, which are extremely broad and unjustifiable as police functions, is also taken into consideration. In the article is paid attention to the possible violations of the right of ownership without legal guarantees of indemnification. It is also pointed out that the law does not envisage any functions of prosecutors in the system regulated by the act. The main conclusion is that, despite the explicit prescriptions of international law, which, according to Art. 5, para. 4 of the Constitution have a priority, the security principle, especially the security of the state is outlined, not taking into account all other rights and freedoms of the citizens.

СИГУРНОСТ, БЕЗОПАСНОСТ, ЗАЩИТЕНОСТ

Author(s): Milanka Patak / Language(s): Bulgarian / Issue: 1/2016

The article examines the scientific and theoretical problems relating to clarifying the content of the concepts of „security”, „ safety” and „protective”. Presented are those of the author about the nature, structure and characteristics of these basic concepts.

Силата на пресъдено нещо в римското право

Author(s): Tihomir Rachev / Language(s): Bulgarian / Issue: 1/2018

The report aims to present in basic lines the character of the res iudicata institute in Roman law and to differentiate its classical outline from the modern one. In order to achieve that goal, an analysis of classical latin texts was carried out, in the perspective of the contemporary legal framework and an attempt for creation of didactic definition of this legal phenomenon was made.

Силовање - правна регулатива некад и сад

Author(s): Lasta Đapović / Language(s): Serbian / Issue: 1/2003

Rape was identified as a criminal act in the earliest known legal writings, Hamurabi’s legal code (cir. 2000 BC). In the Balkans, in the Middle Ages, rape was always punished in one way or another, in the statutes of the Adriatic maritime towns, which were under the rule of the Nemanjic state or the West. All categories of women, even prostitutes and slaves, were protected by law from sexual violence in many statutes. Also in Dusan’s legal code the regulation is found, severely punishing rapists. Laws following the Second Serbian Uprising, also provide severe punishment for sexual violence, especially towards women but also male minors. Legal and court practice, following the Second World War, indicate that the protection of women from sexual violence is completely inadequate and this at a time when women had achieved equal rights with men in many spheres of life. World events at the end of the 20th century: collapse of the Soviet Union: as well as the happenings in this region,: war, ethnic and religious conflicts resulted in massive rape of women, opening of brothels, trading women and family violence. Non state organisations, mainly women in expert associations, invest great effort to rectify this very unsatisfactory situation. They exert pressure for change in the law and in court practice, by which women would have more effective defense against sexual violence, as well as organised assistance for women victims of traffic, and warning of the possible danger.

СИЛОВАЊЕ У РАТУ - КРИМИНОЛОШКИ; ВИКТИМОЛОШКИ И ПРАВНИ АСПЕКТИ

Author(s): Vesna Nikolić- Ristanović / Language(s): Serbian / Issue: 32-33/1993

In this paper author analyzes manifestations, consequences and causes of war rapes comparing them with reace rapes, problems of appropriate approach and aid to victims of war rapes as well as legal problems regarding incrimination and collec¬tion of evidences for them. The analysis is based on data about war rapes committed during Second World War, in Korea, Vietnam and Kuwait war as well as in war on the territory of former Yugoslavia. Author reviews theoretical explanations of both rape in general and war rape. Author, accepting both radical criminology and feminist eyplanation of rape, points out that war rape is a result of double power conflict.

Симпозиум за научната етика

Author(s): Angel Shopov / Language(s): Bulgarian / Issue: 2/2004

SCIENTIFIC LIFE

Симпозиум с международно участие на тема „Професор Константин Кацаров и неговото наследство – десет години по-късно”

Author(s): Angel Shopov / Language(s): Bulgarian / Issue: 4/2009

SCIENTIFIC LIFE