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ТЕЛЕСНЕ КАЗНЕ У СРБИЈИ У XIX ВЕКУ И ЊИХОВО УКИДАЊЕ

Author(s): Milica Todorović / Language(s): Serbian / Issue: 58/2011

In this paper, the author explores the legal regulation, application and significance of corporal punishment in Serbia from the aspect of penal law and social conceptions of the 19th century Serbia. The author provides a historical retrospect of corporal punishment from the beginning of the 19th century until its abolition in 1873. Relying upon the preserved criminal provisions and court judgments, the author first explores the application of different kinds of corporal punishment that existed before the adoption of the Criminal Code of 1860. Then, the author focuses on the Criminal Code provisions regulating corporal punishment for misdemeanors and infractions, and explores the reasons that eventually led to abolishing this specific kind of punishment. Ultimately, the author uses the results of this research to analyze the development of penal law in Serbia as well as the evolution of the Serbian state and society in the 19th century.

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Темата „Холокост“ – предизвикателство за учителя и учениците
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Темата „Холокост“ – предизвикателство за учителя и учениците

Author(s): Aneta Tumbeva / Language(s): Bulgarian / Issue: 4/2018

This work presents didactic games aimed at emphasizing remembrance lessons at school - important, but not so widely used in philosophical cycle and history curricula. The teacher has the freedom to select and adapt similar tasks according to the age of the students and the subject. Our society faces the need to educate young people in more tolerance and mutual support, with the main focus being the examples of history that should not be forgotten. And here is the role of the teacher who helps to form these values by putting the student in front of specific moral dilemmas and opportunities to analyze texts, to make his own conclusions about the lessons learned from historical events.

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Тематичен брой на списание „Известия“, посветен на актуални правни проблеми в различни сфери на законодателството и практиката на юриспруденцията – търговско, трудово, международно, административно право

Тематичен брой на списание „Известия“, посветен на актуални правни проблеми в различни сфери на законодателството и практиката на юриспруденцията – търговско, трудово, международно, административно право

Author(s): Andriyana Andreeva / Language(s): Bulgarian / Issue: 3/2018

Thematic issue of journal "Izvestiya", dedicated to actual legal problems in different spheres of the legislation and practice of the jurisprudence - commercial, labour, international, administrative law

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ТЕМЕЛИТЕ БЯХА ПОСТАВЕНИ ВЪРХУ УРЕГУЛИРАН ТЕРЕН

ТЕМЕЛИТЕ БЯХА ПОСТАВЕНИ ВЪРХУ УРЕГУЛИРАН ТЕРЕН

Author(s): Petar Cankov / Language(s): Bulgarian / Publication Year: 0

The report analyzes the interconnection between economics and legal science, the tendency for their strong interconnection in the history of the higher school is affirmed and justified in retrospective and comparative plan. Through historical analysis of the development of the Legal Science in the University of Economics-Varna, the condition, the academic development and the scientific potential of the “Legal Sciences” Department and also generally of the students of the existed Law faculty the author argues for the idea of its revival in this approved as very prestigious higher school.

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Тенденции в наказателноправната защита от тероризъм в Европейския съюз

Тенденции в наказателноправната защита от тероризъм в Европейския съюз

Author(s): Galina Toneva / Language(s): Bulgarian / Issue: 1/2018

In the article named “Trends in criminal law protection from terrorism in the European Union” the author traces the development of the penal law regulations of combating terrorism in the EU in the context of deepening integration processes in it. First thearticlecontainsanassessment of thecomplexsocio-legalnature of the phenomenon of terrorism and the difficulties that it poses the legal doctrine worldwide in attempts to give a clear definition of the crime “terrorism”. Next, the author traces the steps in the development of Community legislation on terrorism, the acts with which it is done and the fundamental corpus delicti of the three groups of crimes related to terrorism in the period before the adoption of the Lisbon Treaty. Third in the article are presented the new formulations of crimes related to terrorist activity, regulated by Directive (EU) 2017/541 of the European Parliamentand of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA. Finally the author makes a conclusion for the need to strengthen the Union’s role to address the ever-grow in gandever-changing manifestation forms of terroristthreat,motivatedwithexistinglegalbasisforthisinthe TFEU, and a proposalde lege ferenda is made for activation the procedure of Article 86, paragraph 4 of the TFEU to expand the jurisdiction of the European Public Prosecutor’s Office also to the offenses related to terrorism.

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ТЕНДЕНЦИИ В ПРАВНАТА УРЕДБА НА ДОСТЪПА НА ЧУЖДЕНЦИ ОТ ТРЕТИ СТРАНИ ДО ПАЗАРА НА ТРУДА В БЪЛГАРИЯ

ТЕНДЕНЦИИ В ПРАВНАТА УРЕДБА НА ДОСТЪПА НА ЧУЖДЕНЦИ ОТ ТРЕТИ СТРАНИ ДО ПАЗАРА НА ТРУДА В БЪЛГАРИЯ

Author(s): Andrey Aleksandrov / Language(s): Bulgarian / Publication Year: 0

The Labour Migration and Labour Mobility Act (LMLMA), adopted in 2016, had to overcome the fragmentation of the regulation in various legal acts and introduce new standards regarding the access of foreigners to the Bulgarian labour market. Subject of the study are some restrictive measures, and in particular the question whether and to what extent they achieve the objectives of the law. The proposed analysis is based on the logic that if a clear purpose for a particular requirement cannot be identified and/or it can easily be circumvented, this raises serious doubts on the meaning of its existence. Indeed, less than two years after their adoption, in May 2018 a number of provisions of the LMLMA were amended, and the regime was generally liberalized. The reasons are not only in the real needs of the labor market but also in the perceived inefficiency of some of the restrictive measures initially introduced.

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Тенденции в развитието на европейското право за защита на потребителите
и отражението им върху двата предложени проекта за директиви относно цифровите договори и онлайн продажбите

Тенденции в развитието на европейското право за защита на потребителите и отражението им върху двата предложени проекта за директиви относно цифровите договори и онлайн продажбите

Author(s): Zlatka Sukareva / Language(s): Bulgarian / Issue: 2/2018

The article sees the process of transition from the principle of minimum harmonisation to the one of full harmonisation in some fields of consumer protection on the European level. These are fields, where it is necessary to take some measures on the level of the EU securing an equal degree of protection. This should stimulate the creation of a true Digital Single Market for cross-border consumer transactions. It is precisely this process that has imposed when developing a proposal for a Directive of the European Parliament and of the Council on certain aspects concerning contracts for the online and other distance sales of goods (originally conceived with a range of online sales and other distance sales), later to amend and the proposal for a Directive of the European Parliament and of the Council on certain aspects concerning contracts for the supply of digital content, as well. The amended proposal for a Directive of the European Parliament and of the Council on certain aspects concerning contracts for the online and other distance sales of goods the Commission proposes to extend the scope of the proposal for a Directive on certain aspects concerning contracts for the online and other distance sales of goods to cover also face-to-face sales. The article sees the main elements of the two contracts laid down in these proposals.

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ТЕНДЕНЦИИ В РАЗВИТИЕТО НА МОРСКОТО ПРАВО НА ЕВРОПЕЙСКИЯ СЪЮЗ
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ТЕНДЕНЦИИ В РАЗВИТИЕТО НА МОРСКОТО ПРАВО НА ЕВРОПЕЙСКИЯ СЪЮЗ

Author(s): Kremena Lazarova / Language(s): Bulgarian / Issue: 4/2020

The article reviews the role of the European Union (EU) in exercising its competences stipulated in the Treaty on the Functioning of the European Union (TFEU). for the development of the EU law in the field of the Law of the Sea in the light of. the Integrated Maritime Policy (IMP) for the European Union (COM (2007) 0575). The article focuses on the EU's achievements in the its coordination and its cohesion policy with the Member States in the field of the Law of the Sea in specific sectors. Some of the legal guarantees for the EU as a party to the United Nations Convention on the Law of the Sea (UNCLOS) for its assigned leadership in maritime affairs are mentioned.

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Тенденции в развитието на правната закрила на труда на жената — работничка или служителка

Author(s): Vasil Mratchkov / Language(s): Bulgarian / Issue: 4/2004

LABOR LAW

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ТЕНДЕНЦИИ В РАЗВИТИЕТО НА СВЕТОВНИЯ ПАЗАР НА ОТБРАНИТЕЛНИ ПРОДУКТИ

ТЕНДЕНЦИИ В РАЗВИТИЕТО НА СВЕТОВНИЯ ПАЗАР НА ОТБРАНИТЕЛНИ ПРОДУКТИ

Author(s): Venelin Terziev,Nikolay Nichev / Language(s): Bulgarian / Issue: 1/2016

The paper examines trends in the global market for defense products, regularities and principles of functioning of the market for defense products. As a result of the analysis the place of the offset transactions for the acquisition of defense products is outlined.

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Тенденции и предизвикателства пред трудовото и осигурителното законодателство - десет години след членството на Р. България в ЕС
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Тенденции и предизвикателства пред трудовото и осигурителното законодателство - десет години след членството на Р. България в ЕС

Author(s): Andriyana Andreeva,Galina Yolova / Language(s): Bulgarian / Issue: XVI/2017

The report analyses the development process of the labour and social insurance law in the Republic of Bulgaria in the period after the realized membership in the European Union. The accent is put on the legislative amendments of these two legal branches related to the transposition of norms and principles of the European law into the national legislation. On base of this retrospective analysis the authors make recommendations and trace the tendencies in the Bulgarian legislative development of the examined sphere.

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Тенденции на престъпността в България 2000 - 2005

Тенденции на престъпността в България 2000 - 2005

Author(s): Tihomir Bezlov,Philip Gounev,Hristo Hristov / Language(s): Bulgarian / Publication Year: 2006

The report for a second consecutive year presents information about Bulgaria’s crime rate from an alternative source - victimization surveys - and attempts to make a systematic comparison of the crime level according to victim-reported crime and police crime data. The crime situation in Bulgaria is also compared to crime in a number of European countries. The findings of three national crime victims surveys, referred to throughout this report as National Crime Surveys (NCS), offer an opportunity to assess street crime in Bulgaria in the period 2000–2005. The first NCS 2002 and NCS 2004 examined only 11 categories of offenses against households and persons, while NCS 2005 also incorporates 11 categories of offenses against companies. The 11 categories of offenses included in the NCS correspond to about 80% of all police-registered crimes in Bulgaria. The report does not cover corruption, drug-related or organized crime offenses, as they are the subject of other CSD analyses. Toward the end of the 1990s and, particularly after the year 2000, as the prospect of EU membership became more likely, greater political stability and economic prosperity in Bulgaria led to a gradual decrease in crime. This trend, which was most perceptible in the period 2000–2005, was the result of several factors. Declining unemployment, rising incomes and economic growth provided alternatives to many individuals with criminal incomes. Demographic processes and emigration also contributed to the reduction in crime. Further strengthening of the judiciary and the law-enforcement systems, in an attempt to meet EU-set requirements, revived the criminal justice system, which in 2004 issued six times more sentences than it did in 1993. A comparison of the NCS 2005 with the European Union International Crime Survey (EUICS) shows that Bulgaria’s level of street crime has remained lower than the average level of EU countries. Whereas in 2004 the average EU prevalence rate for the eleven crime categories among citizens above 15 was 15.6%, the prevalence rate in Bulgaria was 12.9%. The dynamics of some types of crimes, however, calls for special attention.

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ТЕНДЕНЦИИ НА ПРЕСТЪПНОСТТА В БЪЛГАРИЯ 2000 – 2010

ТЕНДЕНЦИИ НА ПРЕСТЪПНОСТТА В БЪЛГАРИЯ 2000 – 2010

Author(s): Tihomir Bezlov,Philip Gounev,Alexander Gerganov / Language(s): Bulgarian / Publication Year: 2011

The present study examines cime trends in Bulgaria between 2000 and 2010 based on a comparison between surveys of crime victims (National Crime Survey) and police statistics. In addition to overall crime trends data, the report presents data on ten different categories of crime, as well as regional specifics of crime in Bulgaria. Criminal justice and socio-economic data is also analysed in an attempt to explain the observed trends in crime.

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Тенденции на престъпността в България: полицейска статистика и виктимизационни изследвания

Тенденции на престъпността в България: полицейска статистика и виктимизационни изследвания

Author(s): Tihomir Bezlov,Philip Gounev,Alexander Stoyanov,Maria Yordanova / Language(s): Bulgarian / Publication Year: 2005

The report uses a crime victimization survey as an alternative analytical tool to make an independent assessment of the crime situation in Bulgaria for the period 2001–2004. The crime victimization survey polls people’s experiences with crime. Unlike official government crime statistics, the regular crime victimization surveys help the police and government authorities, as well as the public to understand: • whether the official police crime data reflect the real crime rate and crime trends; • the volume of the unreported crime; • the reasons victims do not report crimes to the police; • whether the police avoids registering reported crimes; • the profile of the social groups that are most at risk of falling victims to crime.

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Тенденции правового регулирования вещных прав по использованию жилых помещений: Россия и европейский опыт

Тенденции правового регулирования вещных прав по использованию жилых помещений: Россия и европейский опыт

Author(s): Natalya Bobrakova / Language(s): Russian / Issue: 2/2019

This article discusses the general issues of the theory of property rights, as well as the provisions of Russian legislation on the rights in rem of persons who are not owners of residential premises. The system of these rights, their nature, the volume of powers included in their content is analyzed. A general conclusion is formulated on the need to overcome the gaps in regulating the right of use of persons who are not owners of residential premises in order to protect these rights and ensure the stability of civil circulation. The foreign institute of real obligations and the possibility of implementing the European experience in the Russian legal system are analyzed.

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Тенденции при делата за престъпления против собствеността и превантивната роля на съдилищата

Тенденции при делата за престъпления против собствеността и превантивната роля на съдилищата

Author(s): Pressiyan Markov / Language(s): Bulgarian / Issue: 2/2020

This study is dedicated to the 50th anniversary of the adoption of the Penal Code in 1968 and represents a new stage in the development of our criminal law. It completes criminal codification. It is based on the basic principles of the penal policy of the Bulgarian socialist state. A number of new positions and institutes have been affected. Its education would give an knowledge of the reforms that have been made and it is a valuable source for future legislative changes.

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Тенденции развития гражданского процессуального права после принятия нового ГПК в Литовской Республике

Тенденции развития гражданского процессуального права после принятия нового ГПК в Литовской Республике

Author(s): Vytautas Nekrošius / Language(s): Russian / Issue: 89/2013

1 stycznia 2003 r. w Republice Litewskie j wszedł w życie nowy kodeks postępowania cywilnego. Jego regulacje powstały w oparciu o założenia socjalnego modelu procedury cywilnej, a za wzór posłużył austriacki kodeks postępowania cywilnego z 1895 r. Od chwili wejścia w życie ustawa podlegała stosunkowo nielicznym, choć istotnym nowelizacjom, dotyczącym na przykład pojęcia interesu publicznego, zakazu ius novorum czy kwestii związanych z postępowaniem dowodowym i apelacją, wreszcie rozszerzeniem dopuszczalności zastosowania technologii informatycznych. We wprowadzanych nowelizacjach widoczna jest tendencja do wykorzystania doświadczeń innych ustawodawstw, ciągle jednak pojawiają się problemy związane z autonomią stron i dyspo zycyjnością procesu. Okazuje się, że pogląd, zgodnie z którym państwo jedynie w bardzo ograniczonym zakresie może ingerować w prawa podmiotowe i autonomię stron, zyskuje poparcie z dużymi oporami.

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ТЕНДЕНЦИЈЕ У РАЗВОЈУ РЕВИЗИЈЕ У СРПСКОМ ГРАЂАНСКОМ ПРОЦЕСНОМ ПРАВУ

Author(s): Anđelija Adamović / Language(s): Serbian / Issue: 56/2010

In this paper, the author tracks the changes concerning the legal regulation of the judicial revision of a civil court decision, whose position in the system of legal remedies has been subject to significant changes. In the first part of this article, the author describes the characteristics of judicial revision in a historical retrospective. The second part of the paper deals with the contemporary tendencies on this issue with specific reference to the Act on the Changes and Supplements to the Litigation Procedure Act. This paper is aimed at evaluating the existing as well as the proposed legal solutions which are to provide for a most comprehensive exercise of both legal and political goals which the judicial revision is aimed to serve. The most significant suggestions pertain to changing the legal nature of judicial revision from an extraordinary into a regular legal remedy, correcting the criterion on the value of a legal claim and reinstituting the causation criterion, which would allow for the application of judicial revision in certain lawsuits regardless of the value of the legal claim.

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ТЕОРЕТИКО-МЕТОДОЛОГИЧЕСКИ ОСНОВИ НА УСЪВЪРШЕНСТВАНЕТО НА КАПАЦИТЕТА ЗА УПРАВЛЕНИЕ НА ИЗПЪЛНЕНИЕТО В АДМИНИСТРАЦИЯТА НА СЪДЕБНАТА ВЛАСТ

ТЕОРЕТИКО-МЕТОДОЛОГИЧЕСКИ ОСНОВИ НА УСЪВЪРШЕНСТВАНЕТО НА КАПАЦИТЕТА ЗА УПРАВЛЕНИЕ НА ИЗПЪЛНЕНИЕТО В АДМИНИСТРАЦИЯТА НА СЪДЕБНАТА ВЛАСТ

Author(s): Venko Petkov / Language(s): Bulgarian / Issue: 1/2016

The article presents the framework of a possible theoretical approach to understanding and research of performance management in judiciary system administration. Adopting as a starting point modern ideas about administrative capabilities and performance management capacity, the analysis focuses on the specific features of judiciary administration and hence on the possibility of transferring some of the methods and techniques, applied as means of improving performance management capabilities in the executive branch administration.

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Теоретико-методологические проблемы систематизации экологического законодательства

Теоретико-методологические проблемы систематизации экологического законодательства

Author(s): T. I. Makarova / Language(s): Russian / Issue: 1/2019

The historical and legal, theoretical and methodological problems of building a system of environmental law sources have been considered. Based on the identification of politically and legally important factors that influenced the development of environmental legislation, the peculiarities of the legal regulation of relations on environmental protection have been justified, which resulted in a special approach to the systematization of environmental legislation. It has been proposed to identify several groups in the system of environmental legislation, combining environmental regulatory acts regarding the regulatory function performed by them for “environmental legislation proper”, “ecologized” regulatory legal acts, and international environmental legal acts. The features inherent in the system of legislation of the Republic of Belarus and their impact on environmental legislation, including the definition of the role and place of the Law of the Republic of Belarus “On Environmental Protection” in the system of sources of environmental law and its main content elements, have been considered. The systematizing forms established by the Law of the Republic of Belarus “On Regulatory Legal Acts of the Republic of Belarus” have been considered. As a predominant form of systematization of environmental legislation proposed consolidation. The necessity of introducing amendments to the laws of the Republic of Belarus “On Regulatory Legal Acts of the Republic of Belarus” and “On International Treaties of the Republic of Belarus” has been substantiated.

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