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The main subject of this article, called “Specific nature and problems of administration of justice in cases of multiple crimes”, are the norms of Art. 23-25 of the Criminal Code. The article deals with the two types of the aggregation of crimes – ideal and real as well as the sub-types of the latter, namely uniform and diverse real aggregation of crimes. Serious attention is given to some similar legal institutes such as “apparent” ideal and real aggregation of crimes as well as to their distinction from the continuous crime under Article 26 of the Criminal Code. Special chapter is provided for the punishments in the area of aggregation of crimes as well as for finding solutions for some controversial decisions of the Supreme Court of Cassation. At the end, some specific procedural aspects of the court practice in the area of aggregation of crimes are presented. I hope the current research would be useful not only for the students taught in the legal faculties in the country but also for the practicing jurists – investigators, prosecutors, judges and lawyers.
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This paper is devoted to the constitutional axiology defined as a theory for the constitutional principles and constitutional values, as a legal institutionalization of the social value consensus and as a practical application of such constitutionalized morality by the subjects of the constitutional law.The constitutional axiology is presented as an open and non-autonomous system. It is open to the meta-legal normative systems and thus is dependent on their normative concepts and paradigms. The network relations between the fundamental constitutional principles and values are paralleled by the hierarchical relations between them and the sector specific principles and values. Last but not least the relationship between the axiology of the national constitutional law and the axiology of the supranational constitutionalism is discussed.
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This article is dedicated to the questions about essence and content of the principle of officiality in criminal procedure in Republic of Bulgaria and it is a part of whole comprehensive research about the theme. The text focuses on some ideas that are dealt with in detail in the research about the principle of officiality which is due to be published.
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This article reviewed and analyzed the essential signs of organ representation of associations and foundations: the organ representative and its representative membership, representative relationship between members of organ representative and NGOs, the method of representation, content and the representative power of the organ representative, the exercise of this power and the consequences that arise from the actions of the representative organ in the legal sphere of NGOs.
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The author presents her views on the essence of the responsibility of international organizations for internationally wrongful acts in the light of the Draft of 2011of the International Law Commission. It is focused on a short theoretical analysis on conditions to arise the international legal responsibility, on internationally wrongful act and on attribution of conduct to an international organization.
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The obvious factual error is any inconsistency between the true will of the body concerned and its external expression in the written act. So far, it has been governed by the Code of Civil Procedure and the Administrative Procedure Code, and with the amendments to the Code of Criminal Procedure of 2017, the legislator regulates the removal of an obvious factual error in the indictment. The essence of the obvious factual error is a technical error, consisting of incorrect digits, letters, words, and even entire passages of a text.
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The study presents and analyses the main amendments of 2018 in both the primary and secondary legislation. The debatable issues are also discussed concerning the means of qualifying a concrete procedure as an open procedure for occupying an academic position or acquiring a scientific degree. For this purpose, the problems are examined regarding what the legal nature of each procedure is, what its scope is, i.e. which stages of the entire lengthy process are attributed to its content. The significance of these issues is related to the fact that the amendments, entering into force on 4 May 2018, shall not have any effect on the open and unfinished procedures until that moment. In this context, the main contradictory theses are presented as to when a specific procedure is considered open. The precise moment at which each of the procedures under consideration is finally completed is also determined.
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The article contains the first classification of its kind of the safeguard measures envisaged by the Bulgarian legislation. A focus was put on the essence of the safeguard measures for the protection of persons who are in danger in connection with common criminal proceedings and in particular the special protection of witness. Specific systematization, classifying the safeguard measures, as either procedural or special, is made under the terms and conditions of the Criminal Procedure Code and the special Law on Protection of Persons Threatened in Connection with Criminal Procedure. The author has alluded to important conclusions and recommendations in view of the right development and improvement of Bulgarian legislation in the field of the law of evidence and witness protection.
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This paper has dealt with the incidence of tax evasion and how the law in Nigeria has tackled the problem. It came against the background of massive tax evasion in the country which has resulted in the loss of needed revenue for development. Most individuals eligible to pay tax are not usually amenableto doing so willingly thereby resulting in tax evasion and tax avoidance. Neglect or refusal to pay tax invariably attracts various ranges of punishment. All of these issues have been discussed in this paper under introduction, conceptual framework, grounds for imposition of tax, statutory provisions on tax evasion, reasons for and implications of tax evasion, recommendations and conclusion. The paper indiscussing the subject has focused on the principal tax legislations in the country, namely, the PersonalIncome Tax Act, Companies Income Tax Act, and the Federal Inland Revenue Service Act.
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The main characteristics of the secrecy of the deliberations of the court in criminal procedure have been analysed. The reasons for the provision of the rules about the secrecy of the deliberations of the court have been discussed, as well as the hypotheses under which the latter is violated. An emphasis has been placed on the establishment of this procedural violation by the court, and also on the earliest and the latest moments between which it may occur.
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The paper analyzes a secret (mystic or closed) will, as one of the forms of the last will and testament regulated in some contemporary European legal systems. The analysis is based on the normative framework and theoretical disputes about the legal nature of the secret will in the laws of France, Germany, Italy and Russia. The author highlights the differences between these legal systems in terms of the legal conditions for making a valid secret will. Particular attention has been given to the advantages and disadvantages of a secret will. In the conclusion, the author argues for adequate regulation of the secret will in the national succession legislation.
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Bearing in mind that “acts of government” are the original creation of the French law, the author of this paper first analyses the legal regime governing “the acts of government” as a legal institute envisaged in the French legislation throughout history until the present day. However, given the fact that the legislations of some other countries (such as England and Serbia) include a similar institute, the author points out that the qualification of certain administrative acts and acts of the administration as “the acts of government” is not merely a matter of historical coincidence but rather that it is deeply rooted in the nature of things. In that context, the author defines the legal nature of “the acts of government” and presents his original standpoint on the subjective public rights and the legal notion of politics as an exercise of absolute subjective public rights.
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In accordance with the purpose of the research, the article formulates recommendations for improving the tactics of detecting and documenting operational units of illegal migration related to organized(transnational) crime. A number of theoretical propositions and practical recommendations of theoretical and practical importance are substantiated, in particular:The spread of organized (transnational) crime in the area of illegal migration is primarily due to the extra profits (huge costs) from the organization of channels of illegal migration.Economic, social, cultural, political and economic factors are decisive factors affecting illegal migration processes, and the corrupt law enforcement and governmental links with organized (transnational) crime provide unimpeded conditions for such crime to be committed. with illegal migration.The increase in the number of illegal migrants, above all, directly influences the dynamics of growth in the level of certain types of offenses. At the same time, the analysis of scientific research shows that an illegal migrant should be considered (identified) not only from the perspective of the offender but also from the perspective of the victim. Moreover, the analysis of the background indicates that illegal migrants are potential victims of trafficking in human beings. In view of the above, it can be concluded that these crimes are interconnected, as illegal migration to some extent affects the dynamics of the spread of crimes related to trafficking in human beings.When choosing the most successful tactic for detecting and documenting the organization of organized (transnational) crime of smuggling persons across the state border or committing crimes related to trafficking in human beings, an employee of the operational unit for the rational use of forces, means,methods and forms of operative activities should have knowledge of the specific features that distinguish illegal migration from trafficking in human beings (68.3 % of respondents said this). It offers its own classification of levels of hierarchical structure of organized (transnational) crime,which specializes in illegal smuggling of illegal migrants, in particular: organizer (leader) of organized crime group of higher level; regional (local) organizers (leaders) of middle or lower levels of organized crime; the recruitment of illegal migrants; conductors (carriers).
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This article presents some tactical features in the application of the means of proving search and seizure in the investigation of terrorist acts. Special attention is paid to the preparatory stage of the search.
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This article presents the tactical features of investigating witnesses and indictees in investigating terrorist acts with explosive devices.
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This article analyzes the theological and juridical polemic of the Jadids (Tatar religious reformers) regarding the correlation between zakat and other Islamic donations on the one side and national taxes on the other side. Z. Ayukhanov’s innovative idea that in modern conditions national taxes replace the religious ones drew criticism both from the conservative Muslim clerics (kadimists) and from the majority of Muslim reformers, who considered religious donations to be the only funding source for national religious education.
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The present article is a contribution to the source base of the penitential versions in the South-Slavonic writing tradition. The textological and linguistic particularities of manuscript No 48 are analysed. Described as a Slouzebnik and Molitvenik, in fact it contains a large and various canon law compilation, similar to the Jagic edition from Starine, 1874. The study aims at pointing out its structural and linguistic identity - the first step to typological classification.
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A television format may be defined as a TV program concept that exhibits certain original traits. TV stations rely extensively on formats whose success has already been proven on foreign television markets. In this paper, the author analyzes whether television formats, as intellectual goods, are protected in Intellectual Property Law, defined broadly. The author concludes that certain elements of TV formats may enjoy copyright protection, while excluding such protection to the program concept itself. The unpublished formats (i.e. formats which have not yet been produced), as well as technical instructions for format production, can undoubtedly be protected as business secrets. Once the format is produced, its creator may prevent the imitation by relying on unfair competition rules. However, since imitation is not prohibited per se, the rules against unfair competition will be violated only in case the imitation creates confusion or possibility of confusion on the market, or in case of slavish copying.
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