СЪГЛАСИЕТО НА ИЩЕЦА В КОНТЕКСТА НА ЧЛ. 237 ОТ ГПК

Author(s): Mihaela Kasabova-Hranova / Language(s): Bulgarian / Issue: XIII/2015

The admission of the claim by the defendant is not sufficient for the court to render a judgment conforming to the admission. It is also necessary for the applicant to consent and make a motion by requesting the court to terminate the trial and render a judgement according to the admission. In this sense, the applicant's consent is an important prerequisite for the realization of this institute which mandates the analysis of the validity of the applicant`s consent.

Съгласието на притежателя на търговска марка за използването ѝ от трето лице – значение и последици

Author(s): Alexandra Semerdjieva / Language(s): Bulgarian / Issue: 4/2016

This study explores the meaning of the term "consent to trademark use" when consent is given by the trademark owner to a third party. The courts' contradictions on the interpretation of this term are indicated and arguments are brought forward in support of the view that owner's consent may not necessarily be in the form of a license agreement. Other possible forms of consent falling within the scope of meaning of the examined term are discussed.

Съдебен състав и организация на международния съд на ООН

Author(s): Desislava Goranova / Language(s): Bulgarian / Issue: 3/2011

The UN International Court of Justice, the successor to the Permanent Court of International Justice (ICPM), is a permanent jurisdiction and the chief judicial authority of the United Nations. The UN International Court of Justice is established by the UN Charter signed on June 26, 1945. In the spirit of historical legacy, the seat of the UN International Court of Justice is located in The Hague, the Netherlands, similar to that of its predecessor, the first judicial body of international law. The official languages of the permanent court are French and English. The UN International Court of Justice is operating in accordance with the Statute (adopted in conjunction with the UN Charter and an integral part of it) and the Rules of Procedure (adopted in 1978 and regulating, in particular, the organization and functioning of the Court). The jurisdiction of the International Court of Justice is referred to in Article 36 of the Charter of the United Nations and, in general, it is the authority of the Court to deal with the case and to give a binding ruling on it. The current work aims to trace how it is formed, what is the ICC's court panel and what is the internal organization of the UN chief judicial body.

Съдебна власт и корупция

Author(s): / Language(s): Bulgarian / Publication Year: 2000

Judiciary and Corruption" titles the new edition of the Anti-Corruption Readers series. It is a joint publication of Coalition 2000 and the Association of Judges in Bulgaria (AJB) and is complied by Judge Ms. Kapka Kostova, AJB President and the Associate Prof. Mr. Lazar Gruev, Ph.D., Law Faculty of St. Kliment of Ochridski Sofia University. The collection Judiciary and Corruption provides analytical comparative legal studies on the curbing of corruption issues in the judiciary and the norms of judicial ethics. It targets the legal community in this country, the university students of law and those interested in public administration, application of law and anti-corruption combat. A profound analyses over the existing access mechanisms to the magistrates' profession, the judiciary status and the guaranties for their independence and the methods for implementing their responsibilities are provided. Mr. Vladisslav Slavov, Chair of the Supreme Administrative Court and Chair of the Union of Jurists in Bulgaria is author of the Introduction, while the collected materials of basic-theoretical, analytic-applied and with applied type, are grouped in three major chapters: - Judges - Powers and Responsibilities; - Problems of Corruption: Curbing and Judicial Control; - Code of Ethics of the Bulgarian Judges.

Съдебна власт и правосъдие

Author(s): Aneta Tumbeva / Language(s): Bulgarian / Issue: 5/2018

The article discusses the participation of students in an initiative for studying the activities of the judiciary as part of civic education. The course of the initiative has been described, and the benefits of such a type of training are outlined.

Съдебна практика на българските съдилища по граждански и наказателни дела за обида и клевета, водени срещу медии

Author(s): Efrem Efremov / Language(s): Bulgarian / Issue: 1/2019

The text relates certain standard-setting judgments of Bulgarian criminal and civil courts in cases brought against the media for insult and defamation. Also, consideration isgiven to the general principles and limitations of the freedom of expression with regard todefamation in the case law of the ECHR.

Съдебна реабилитация

Author(s): Daniela Doncheva / Language(s): Bulgarian / Issue: 3/2007

CRIMINAL LAW

СЪДЕБНАТА АДМИНИСТРАЦИЯ НА ОБЩЕСТВЕНИТЕ ОТНОШЕНИЯ

Author(s): Konstantin Pehlivanov / Language(s): Bulgarian / Issue: 1/2018

Nevertheless, the typical activity of the court is pronunciation on legal disputes between conflicting parties upon seizure, it is often neglected that judiciary bodies also perform operative administration of public relations, thus performing activity, similar to the one of administrative, executive bodies. In certain occasions the legislator considers that a person having the education, experience and integrity of a judge should be able to make a wiser decision than a typical administrator. In certain way that resembles the position of Roman praetor that combined executive and judiciary powers. The paper reviews briefly the underestimated occasions where judiciary bodies regulate public relations outside the resolution on legal dispute with res judicata. For instance such are pronunciations on marriage of underage, imposition of administrative sanctions concerning the personal integrity of an offender, affirmation of measures in cases concerning money laundering, police investigation with special intelligence means, revealing of banking secrecy etc.

СЪДЕБНАТА ВЛАСТ В ПРАВОВАТА И ДЕМОКРАТИЧНА ДЪРЖАВА

Author(s): Ivan Kyosev / Language(s): Bulgarian / Issue: 2/2015

The article is devoted to presentation and analysis of the judicial branch of the state governance under the contemporary rule of Law model. Special attention is given to the legal-historical heritage of Ancient Rome concerning fundamental principles, some basic legal notions, roman legal acts and techniques of jurisprudence. Concerning the main issue of the paper, the leading legal-political paradigms of organization and functioning of this sector of the state governance are analytically presented with some crucial scientific conclusions. Also the main preconditions and factors for functioning of the judiciary are revealed with reference to the adequate response of the problems and challenges of the ХХІ century. The article presents some new suggestions concerning the necessary changes in judiciary at the post-communist states in transition period towards real functioning of État de droit.

СЪДЕБНАТА ПРАКТИКА ПО НЯКОИ ВЪПРОСИ НА ОТМЯНАТА НА АРБИТРАЖНИ РЕШЕНИЯ СЛЕД РЕФОРМАТА ОТ 2017 г.

Author(s): Polya Goleva / Language(s): Bulgarian / Issue: 3/2019

The article concerns the decisions of the destrict courts, courts of Appeal and the Suprime Court of Cassation on the field of cancelation of decission or refusal to give a writ of execution of arbitration cases . The interest to the thema is caused by the important reform, which is done in 2017 by the Act to amendment and addition of the Act about the international commercial arbitration and the Civil procedure Code. The reform leads to restriction of the competence of the arbitration.

Съдебната реформа в България: Възможности за развитие на модерна система за регистрация

Author(s): Author Not Specified / Language(s): Bulgarian / Publication Year: 2002

The brochure was published for the workshop Reforming Judiciary in Bulgaria: Towards the Introduction of Modern Registration System held in September 2002. It contains the full text of the report on the opportunities for developing Central Register of Legal Entities and Electronic Registries Center in Bulgaria, developed by the CSD Task Force, presentation of the experience of Norway and other European countries as well as information on the operation of the European Business Register.

Съдебната реформа: прокуратурата и разследващите органи в контекста на членството в Европейския съюз

Author(s): / Language(s): Bulgarian / Publication Year: 2005

This is the second publication of the Center for the Study of Democracy dedicated to the judicial reform in relation to the place and the role of the prosecution office and the investigation service. It presents the experience of the European Union Member States and the candidate countries as regards the organization and the structure of the prosecution office and the investigating authorities. It contains contributions from representatives of the courts, the prosecution offices and the investigating authorities of Spain, Latvia, Lithuania, Poland, Romania, Slovakia, Slovenia, Hungary and the Czech Republic as well as judges, investigators, representatives of the legislature and the executive and non-governmental organizations in Bulgaria. The publication aims to continue the broad public and expert discussion on the different options to reform the judiciary in Bulgaria, following the successful models implemented in other countries.

Съдебната система на Европейския съюз — институционални въпроси

Author(s): Jasmine Popova / Language(s): Bulgarian / Issue: 2/2006

The article is dedicated on one of the original features and main components of the legal construction of the EU-the autonomous supranational judiciary power and judiciary system, whose aim is to defend the common rule of law and interest. It consists in a detailed description of the evolution of the system, from a single Court to a complex two-instance community judicature, as well as the reforms that the latter has undergone from an institutional point of view. A special attention is dedicated to the development of both the Court of First Instance and the most recent forms of specialized judicial bodies, such as the Court of Public Administration of the EU. The article provides an in-depth analysis of the content, the internal organization and the functioning of the jurisdiction related to the different types of courts in the EU judiciary system, as well as the various phases and procedures it goes through. A distinct focus of interest is represented by the functions and the types of competencies of the various judicial bodies. The article is of great interest and added value for both the academic world and the national judicial organs which, bearing in mind the principle of the supremacy of the acquis communautaire, are bound to be actively participating in the permanent dialog between the EU and the national legal order after Bulgaria's accession to the Union.

Съдебни заседатели

Author(s): Dimitar Mladenov / Language(s): Bulgarian / Issue: 2/2016

The present procedure of election of jurors in Bulgaria and the legal requirementsto the nominees have serious legal gaps and imperfections which becomes an obstacle forthe election of the most virtuous and capable people.

Съдебни спорове по прилагането на член 12 от Закона за държавния служител

Author(s): Emilia Kandeva / Language(s): Bulgarian / Issue: 2/2002

The attempts to improve the quality of the civil service via application of release-from-service regulations have to be looked at with a view to the broader objectives of the new Civil Servants Law (CSL) and the standards of European law. The court appeals against illegal administrative acts concerning civil servants status very often are caused by errors and misinterpretations of the transitional introduction into effect of the Civil Servants Law, and - in particular- by an the incorrect application of the Article 12 of that law. The provisions of the Article 12 of CSL are under the title "Probationary Period". In accordance with them when a candidate is appointed for the first time for civil service position, the appointment authority may terminate the service relationship without advance notice in 6-month period upon the appointment. In interpretation and application of the Article 12 CSL by the administrative authorities and courts are possible certain errors, which appear as grounds for many judicial disputes, as follows: ü Misunderstanding of the goal of Article 12; ü Inappropriate use of Article 12 as a transitional law regulation; ü Unreasonable mixing of the application of para 3 of Transitional and Concluding Regulations of CSL with Article 12 CSL; ü Wrong interpretation of the term "civil service"; a m is taken replacement of the meaning of "civil service" with "service relationship"; ü The civil service relationships in accordance with Civil Servants Law are not following up necessarily the employment relationships which have existed before in accordance with the Labour Code; ü Differences in the court interpretation of the acts of the administrative authority of appointment or release of an official from service, involving "a silent approval" or "a silent denial".

Съдебните актове, подлежащи на касационно оспорване пред ВАС по реда на АПК

Author(s): Emilia Mitkova / Language(s): Bulgarian / Issue: 2/2014

The present article deals with the function of the cassation appeal before the Supreme Administrative Court. According to the Bulgarian Constitution the Supreme Administrative Court shall be the highest governing body with regard to the precise and just execution of the law within the administrative legislation. The article considers the court acts which are eligible for cassation appeal along with the common provisions of the law regarding the appeal of administrative acts.

Съдебният контрол върху актовете на органите на медицинската експертиза

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian / Publication Year: 0

This scientific study addresses the problematics of the twofold legal substance of the acts of the bodies of medical expertise, as well as their contestation to the courts. It explores in historical perspective the introduction and subsequent development of judicial supervision of the acts of the bodies of medical expertise. It considers the legal characteristics of the disputes in relation to the medical expertise and furthers the opinion that they are essentially insurance legal disputes. It also providesan analysis of the extensive case law of the Supreme Administrative Court on these issues.

СЪДЕБНОТО НОРМОТВОРЧЕСТВО

Author(s): Goran Goranov / Language(s): Bulgarian / Issue: 4/2019

Courts rulemaking is still a controversial topic in legal dogmatics and legal practice. The dominating view is that judges simply apply the law in Civil law systems where the ultimate principle is separation of powers. In this article we give a new view on the role of the judge as a rulemaker. We discuss the question of whether the court rulemaking is admissible and where its objective boundaries are set.

Съдебното обжалване на ревизионни актове

Author(s): Ganeta Minkova / Language(s): Bulgarian / Issue: 4/2018

The aim of the research is to focus on the problems that arose from the recent changes in the legal appeal of audit acts. In the tax-insurance process lacks a systematic approach to all the subjects involved in it. For instance, the local tax administrations are more than 250 in the country but the latter legislation is not taken under the attention their powers. Conclusions are made that the regulation needs improvement so that the version of three article of Tax-Insurance Procedure Code should be changed.

Съдържание

Author(s): / Language(s): English,Bulgarian / Publication Year: 0