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The issue that occurs arose from the imperfect legislation and, at the same time, the lack of coherence between the normative acts. Concerning that, it becomes extremely encumbering for the addressees and therefore, it leads to the ineffectiveness of the national security system of the Republic of Bulgaria.
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SOCIAL SECURITY LAW / The article treats the theoretical aspects concerning the notion of "insured person" especially in the Public Social Insurance whose regulation is in part 1 of the Social Insurance Code. There is no legal definition of "insured person" in the Public Social Insurance, but the notion has the main characteristics of the general notion of "insured person" in the social insurance. So what the first part of the article reviews the general notion. Than the author makes parallel between insured person in the Public Social Insurance and insured person in the Supplementary Social Insurance whose regulation is in part II of the Social Insurance Code. Insured person in the Public Social Insurance is a person who is in legal relationship with the National Social Security Institute and shall be entitled to the benefits and the pensions provided in articles 11, 12 and 13 of the Social Insurance Code. The author also makes juxtaposition with the life assured, the relieved person, and with the beneficiary of different social benefits and pensions.
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In the legal doctrine it is generally accepted that participants in administrative proceedings must to be legally interested both for the issuance of an administrative act and for its administrative and judicial contestation. The legal interest for beneficial administrative act is to issue an act to satisfy rights and legitimate interests for the addressee of that act. The legal interest for aggravating administrative act is to issue an act which doesn’t unlawfully injure rights and legitimate interests for the addressee of that act. In case of issuing an unlawful aggravating administrative act, with the direct legal interest in judicial protection, also arises indirect legal interest.
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The text of the article analyzes the concise text of the Bulgarian constitution, which assigns the Council of Ministers and the executive power with the task to secure the social order and national security, in this regard the article also makes an analogy with the discussed constitutional framework of the judicial system.
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The article provides comparative analysis of the concepts of public information and public sector information. These concepts are relevant to the information created and held by the state organs and the public sector organisations. The resemblance between the two types of information is based on the content of the information, whereas the differentiation lays over the purpose of the information and the goals that it pursuits.
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The problems of definition and various aspects of the «brand» concept, which are reflected in the works of domestic and foreign lawyers, the essential signs of the brand are outlined, its functions are investigated.The author defines the concept of «brand» and defines the relationship between the concepts «brand» and«trademark», the characteristic of common and distinctive features of these concepts is given.Adaptation of the Ukrainian national legislation to the EU legislation is a prerequisite for Ukraine’s integration into the European legal space and also part of the implementation process due to the Association Agreement between Ukraine and the EU. The issue of unification of terminology, which is used in various areas of EU law, is universally accepted. Despite the quit successful attempts to stream line industry terminology at both the national and inter-sectoral levels, modern legal science has not developed a single terminology machine. Consequently, the problems of the use of legal terminology require further substantive research aimed at the formation of proposals concerning the introduction of terminology,especially in the Ukrainian legislation.At the current stage in the national legislation of Ukraine and in the EU legislation there is no concept of «brand». The analysis of theoretical sources gives grounds to assert that in the legal science there is no unity in the definition of the concepts of «brand» and «trademark». There is no doubt about the presence in these terms of both common and distinctive features. The achievement of unity, uniqueness and consistency of legal terminology, elimination of excessive synonymy, contradictions, and discrepancies is important both theoretical and practical significance.New scientific, technological, economic, social and environmental challenges require countries to properly position and target their assets in global markets for goods, services, finance, investment and innovation, the formation of internal and external positive image and competitive brand. The creation of conditions for the development of the national brand identity is relevant for Ukraine, given its Eurointegration and general civilization priorities.
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Problem setting. The article investigates the notion of the sources of criminal law. The approaches to definition of the source of law are analyzed. On the basis of fundamental research of the current legislation inUkraine selected characteristics of the sources of criminal law. Using the inductive study method is the definition of sources of criminal law.Recent research and publications. Obviously, the concept itself is not able entirely to solve the highlighted problem. Moreover, the identification of sources of criminal law is only possible through the selection of some traits from the concept. After all, the concept of "source of criminal law" is the species concept in relation to sources of law in General. As with any concept in science, it must be based on theoretical concepts.Paper objective. From our point of view, the answer to the question about the range of sources of criminal law can be based exclusively on the clarification of the concepts and features of this source. In other words, only the phenomenon, which will fully meet all scientific indications of the sources of criminal law, and can only be attributed to them.Paper main body. Given the above, the purpose of this article is the definition of "source of criminal law". Applying the inductive method of knowledge and doctrinal analysis of the formal and material sources of criminal law, we can distinguish a number of characteristics by which we define the concept of "source of criminal law".A generalization of the existing points of view on the problem of the sources of law has led scientists to believe that it refers to: 1) factor, from which derives the right, the source of knowledge of law; 2) the basis from which comes the right; 3) that contains the right, meaning the standards set or fixed at a certain stage of a dominant class; the material conditions of society; 4) the form or method of formation, occurrence and expression of the rule of law, what should the mandatory power law.Thus, the sources of criminal law, depending on various criteria (for example, form and content) can be viewed from different sides. However, we propose to consider the sources of criminal law only formal-legal.Conclusions of the research. The form of law is multi-faceted, multi-level and multi-valued, not existing in isolation. It is not based on the content of the phenomenon. Formality in criminal law is manifested in the enactment of criminal law norms in normative legal acts. The analyzed aspect I would like to pay special attention to the confluence of the sources of criminal law and its forms, that is, formal-legal aspect. Not coincidentally, all of the above sources exist in the legal system in the form of legal acts. Therefore, the shape of the sources of criminal law must be textually reflect the standards enshrined in legal act.In addition to the form and content, plays an important entity that establishes a particular norm as criminal law. So, legal effectiveness and social significance of each source of law depends on what place in the state authorities took the body. Regarding the sources of criminal law, I would like to mention that only certain bodies have the authority to create relevant normative-legal acts, to amend and repeal the last. Thus, the Verkhovna Rada ofUkraineis able to influence the criminal legislation ofUkraine, with changes. Based on the foregoing, the people's deputies ofUkrainehave the right to submit draft laws on amending the criminal law.
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The comprehension of the content and volume of the concept of the electronic person in the conditions of digital reality is carried out. It is justified that the use of artificial autonomous agents, along with the benefits, is accompanied by a set of risks and should be seriously evaluated in terms of freedom, dignity, privacy, security, health, self-determination and non-discrimination, personal data protection, etc.
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The article is devoted to a discussion of the notion of the prisoners’ rights protection. The author proceeds from the fact that the prisoners’ rights protection is a specific activity with a multidimensional impact on penal enforcement relations. The article addresses several points which together make it possible to formulate the notion of the prisoners’ rights protection. The author considers that the prisoners’ rights are of positive value (desirable value) and include not only status rights, but also other prisoner’s rights which, given their special status, have a special or complicated procedure. Moreover, fundamental to the understanding of the content of the prisoners’ rights protection is the assumption that the prisoners’ rights protection are a humanitarian value, as they contribute to the development of legal awareness and an understanding of the value of the law as a tool for protection. The researcher suggests that the prisoners should be regarded as a representative of the so-called vulnerable categories, as this situation highlights the limited status of the prisoners and the reduced arsenal of means of his defence. Such an approach also has a preventive purpose, since the legal and social status of the prisoners should lose its romance and attractiveness.The paper argues that protection requires clear algorithms and implementation mechanisms, which need to be provided by a guarantee system and integrated into a single interconnected system. In the conclusions, the researcher gives an author’s definition of the concept of the prisoners’ rights protection, which includes attributes of this institution
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Article 1 of the First Additional Protocol to the European Convention on Human Rights (hereinafter – Art. P1-1) states that every natural or legal person is entitled to the peaceful enjoyment of his possessions. Thus in order for this article to be applicable, the applicant has to show that the right, which he alleges to be violated by the respondent state, constitutes his possession. The concept of “possessions” within Art. P1-1 was analyzed by foreign scholars, such as S. Drooghenbroeck, U. Kriebaum, C. Schreurer, L. Sermet and others. The problem was also addressed by the Judge of Constitutional Court of Ukraine – S. Shevchuk. The main objective of the paper is to provide general criteria of what should be deemed as possession in the context of Art. P1-1. The case law of European Court of Human Rights allows to conclude that in order to be deemed as a possession, the subjective right in question should meet three following requirements: (1) it must have pecuniary value, which can be measured in money; (2) it must be civil in nature (as distinct from rights based on public law); (3) it must be certain enough to be enforced by the court (in contrast to the mere hope of some advantages). Conclusions of the research. As a conclusion it should be noted that in its pursuit to protect fundamental rights of a person European Court of Human Rights tends to equate legal notion of possessions with economic concept of welfare.
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The article studies the concept and the content of the administrative-legal institute of pre-trial appeal based on the system analysis methodology. Based on the current Ukrainian legislation, the advantages and disadvantages of administrative appeal in Ukraine are analysed. The administrative appeal is considered a complicated, complex legal institution, which includes procedural and processual norms. The essential features of the relationship, arising in connection with the pre-trial appeal include: actual or alleged violation of the rights, freedoms and legitimate interests of a person who is not endowed with authority in the field of public administration; particular subjective composition of relations in the field of pre-trial appeal; administrative-legal dispute - resolved by an entity, endowed with jurisdictional powers, which does not belong to the judiciary, directly or indirectly (regarding the legal status or specifics of the activity) related to the administration; a particular remedy - a complaint differs from the administrative claim by the scope of provided guarantees. At the same time, the administrative-legal institute of pre-trial appeal is defined as a system of norms that regulate the procedure of receiving, registering, reviewing complaints, and making decisions on complaints by organisations not related to the judicial system.
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The article clarifies the general concept of «solution» in the theory of operational and investigative activities. It is concluded that the issue of tactical decision in the forensic literature has received much attention. At the same time, it should be noted that the relevant topics in the theory of operational and investigative activities are not properly reflected in the scientific literature, some developments on this issue, as noted above, are closed, and comprehensive research in this area has not been conducted. The essence and content of strategic and organizational decisions in the theory of operative-search activity are investigated and their correlation with tactical decisions in the theory of operative-search activity is determined. The main existing theoretical approaches to interpretations of the concept of «tactical solution» in criminology and the theory of operational and investigative activities are analyzed, based on the analysis formulated own definition of «operational and tactical solutions» which should be understood as the result of intellectual (mental) activity of the operational unit. to a certain conclusion (choice), based on the analysis and assessment of the operational and tactical situation, which involves the formulation(setting) of the goal (objectives), which must be achieved through the solution of specific operational and tactical (intermediate) tasks.A thorough analysis of the scientific literature made it possible to classify operational and tactical decisions according to the following main criteria (features): by form of expression: oral; written(documented); by subject of acceptance: independent; collective; by the nature of the tactical tasks to be solved: simple; complex. It is emphasized that according to its meaningful reflection (content) the operational and tactical decision must be: legal, reasonable, timely, optimal and realistic to implement.
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We study the basic scientific approaches to the definition of «quality of law». The attention is paid to the need of establishing quality criteria regulations and in particular the law. Analyzes the proposed quality criteria of law. Disclosed property law, characterizing its internal and external form. The legal technique is aimed at the formation of a perfect legal act and its content. This should ensure a high quality of both statute and bylaw, that is, its compliance with all meaningful criteria and formal legal requirements. Indeed, the concept of «quality of law» is characterized by a set of properties and relationships that should have any qualitatively perfect law and, accordingly, to be provided to it at the design stage. Therefore, the term "quality of law" is central to the legal technique. In deciding the ratio «quality of law - the effectiveness of law», may be denoted that, the quality of the law acts as a measure and performance criterion of the developed legislation.
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Biosphere reserves execute such targets as preservation of biological and landscape diversity,implementation of background environmental monitoring, examination of the environment and its changes under the influence of anthropogenic factors, etc. and it’s become possible only under the condition of effective legal protection of above-mentioned natural areas, which foresee: the realization in the complex of distinct and specify package of measures with the objective of ensuring compliance with the regime of biosphere reserves; the establishment of rational and non-exhaustive use of natural resources; the economic management in the responded functional areas coupled with preservation of natural complexes;the inviolability of natural processes in ecosystem; the effective scientifically-based management of these areas.The article examines particularities of the legal protection of biosphere reserves, its forms, as also deficiencies of legal regulation hereof were revealed and ways of improving the national legislation concerning the effective protection of natural complexes within biosphere reserves were developed.It was clarified that national legislation did not disclose the content of the protection of territories and objects of the nature reserve fund, referring to the Regulations on Biosphere Reserves, on the basis of which, in fact, frameworks of the organization, specifics and nature of measures for the protection of such territories would be determined. Despite the existence of separate legislative provisions on the organization of the protection of territories and objects of the NRF, the current legislation of Ukraine does not contain a definition of legal notions «legal protection of the natural reserve fund of Ukraine», «legal protection of biosphere reserves», the principles, content and particularities of legal protection of biosphere reserves as unique research establishment and valuable natural areas are not fixed. It has been established that restriction on the use of natural resources and economic management in biosphere reserves in accordance with the functional zoning is a separate form of legal protection of biosphere reserves, as it ensures observance of the fixed by law regime of protection and use of biosphere reserves, which promotes rational and non-exhausting use of natural resources.Preservation of the biological and landscape diversity of biosphere reserves, as well as other categories of the nature reserve fund, is also one of the legal protection forms of these natural territories, in as much as the realization of the system of the above-mentioned measures foresee the achievement of a single goal – the conservation of rare plant and animal species, pollution prevention, contamination, exhaustion,destruction of natural resources and integral ecosystems on the territory of biosphere reserves, etc.The legal protection of biosphere reserves proposed to understand as the determined by the normssystem of legal, organizational, economic, scientific-technical, cultural and other measures that intendedto preserve biological and landscape diversity and protect natural complexes from negative influences of natural and anthropogenic origin, ensuring rational and non-exhaustive use of natural resources and observance of the differentiated regime of the specified territories.The expediency of the legal definition consolidation «the legal protection of biosphere reserves», with specification on the open list of measures of different directions that form the content of such protection,in the Biosphere Reserve Law is substantiated.It is necessary to enshrine in law the following: implementation of background environmental monitoring on the condition of natural complexes and the development of natural processes in the biosphere reserves territory; carrying out multi-method researches with the purpose of scientific basis elaboration of their preservation and effective use; establishment of legal liability for violation of their protection and use regime, as well as for the destruction and damage of reserved natural complexes and objects, their pollution, littering; compliance control for reservation conditions.The group of measures for the protection of biosphere reserves should include the following: the government action of persons guilty of violating the legislation on the protection of biosphere reserves;compensation in accordance with the established procedure damage done caused by violation of the legislation on the protection of biosphere reserves; the remediation of the number of rare and endangered species of animals and plants, etc.
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The article presents the results of a scientific analysis of the features of formation of theoretical and legal foundations of the concept of the functions of the judicial power. An algorithm for the study of the functions of the judicial power, in particular the analysis of doctrinal approaches to the definition of the legal nature of the state and its functionality (as in the general scientific context and in relation to the specific approaches of the Ukrainian legal science); historical and legal research the specifics of the development and transformation of the functional purpose of the courts and other organs of the judicial power (as in the general context of the evolution of the state and as specific organs of the judicial power to the territory of modern Ukraine); the use of theoretical and legal analysis of the reception of the primary categories for the concept of the functions of the judicial power. The primary categories for the formation of the concept of the functions of the judicial power identified «power», «state power», «function», «public function». On the basis of applying this specified algorithm, the author’s approach to the determination of the theoretical and legal foundations of the concept of the functions of the judicial power as a set of activities of a single component of the state power in the concrete particular sphere of her power-regulation – on the establishment of justice, in accordance with the specified, authentic values and guidelines; which is correlated with an understanding of the destination (goal) of the state in society; its objectives; the content of the functions, performed by the state in society (state functions); the objectives, set by the society to the state and state power at every stage of development; is implemented in the respective shapes and forms, specific methods, techniques, tools.
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The term "promotional (incentive) norms in the criminal law" is defined in the article. This kind of norms are created to stimulate the subject of criminal activity to subsequent lawful behavior through the release of arisen criminal liability or its mitigation. The norms in the criminal law of the EU, classified as incentive, are exhaustively listed. These are contained in the Framework Decision on the Fight against Terrorism, Drug Trafficking and Organized Crime. The lawful activity has been described in the promotional norms in the criminal law of the EU. The offender, firstly, has to renounce his own crime act and secondly, has to provide the administrative or judicial authorities with information which they would not otherwise have been able to obtain, helping them to: prevent or mitigate the effects of the offense; identify or bring to justice the other offenders; find evidence or prevent further offences - terrorism, drug trafficking and organized crime. The subsequent nature of the positive act, described in the promotional norms in the criminal law, is their important feature. The positive behavior always takes place after the criminal act and arisen criminal liability of the refusing himself subject. We can differentiate between three groups of previous criminal activity in the criminal acts of the EU containing incentive norms. The first group is the "classic" (by its nature) completed crimes. The second group includes forms of preliminary criminal activity, elevated in separated completed crimes - preparation and related with criminal communities - leading a "terrorist group" and the formation of a "criminal organization". The attempt on some crimes constitutes the third group of predicate offense. The article deals also with the issue of lines of criminal law defense -"basic" and "specific". It is known that the "basic line" consists in preventing crimes. Along with in the "basic line" to prevent crime, criminal law defense has been realized in another, let us call it "specific line". This is a line of countering the actual present crime when not prevented. It is about prevention, mitigation and reparation the effects of the offense. The promotional norms in the criminal law of the EU with a focus on prevention and mitigation of the consequences of the offense are analyzed in detail. The preventing promotional norms are most effective. Firstly, the preventive effect has been achieved after a realized attempt, converted into a third group of predicate offenses. Another option to prevent criminal consequences is one in which the information provided in its content helps "to prevent further offences", if preliminary criminal activity for their facilitation was carried out (the second group of the predicate offenses). The promotional norms in the criminal law are not the only means of countering already committed criminal offenses. Some of them contribute to the more effective implementation of the "basic" line of defense to prev
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The present article poses the question whether the grounds stated in art. 70, letter “d” of the Law for the administrative offences and sanctions could be considered grounds for resumption according to art. 380 of the Criminal Procedure Code. The article examines the case in which two legal proceedings have been started against the same person, for the same act. The first legal procedure ended with a penal ruling which came into force according to the terms stipulated in the Law for the administrative offences and sanctions, and the second one – with a ruling according to the terms stipulated in chapter 28 of the Criminal Procedure Code, which dispenses the person from penal responsibility and enforces upon them an administrative sanction.
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