Принципът „ne bis in idem“ в светлината на актуалната правна уредба на Република България

Author(s): Miroslava Chifchieva / Language(s): Bulgarian / Issue: 2/2018

The article presents the principle ne bis in idem as a fundamental legal principle. According to the principle, a person can not be tried or punished more than once for the same behaviour. Punishment in administrative proceedings involved criminal charges within the meaning of Article 6(1) of The Convention for the Protection of Human Rights and Fundamental Freedoms and the subsequent criminal prosecution for the same act if the subjest and grounds are the same violate the principle ne bis in idem. Special attention is paid to the amendments to the Criminal Procedure Code and the Law for the administrative offences and sanctions, entered into force on 5th of November 2017. Accent is placed on the the application of the principle within the current legal framework.

ПРИНЦИПЪТ „ЗАБРАНА ЗА ВРЪЩАНЕ“ (NON-REFOULEMENT RULE) СПОРЕД БЪЛГАРСКОТО, ЕВРОПЕЙСКОТО И МЕЖДУНАРОДНОТО ПРАВО

Author(s): Irina Atanasova / Language(s): Bulgarian / Publication Year: 0

The paper explores and discusses the application of the non-refoulement' rule (Geneva Convention). At the time of massive inflows of refugees from the Middle East, European states are put under major pressure. Being signatories of the main refugee treaties, European states should avoid automatic repatriation of asylum seekers. In order to avoid such violations, it is necessary to incorporate the main Geneva articles into European national legal systems.

Принципът на правовата държава в правния ред на Европейския съюз

Author(s): Hristo Hristev / Language(s): Bulgarian / Publication Year: 0

The principle of the rule of law is a fundamental element of the legal order of contemporary democracy. Even though it has been created on the basis of international treaties, the European Union is affirming as new type of organization of public authority, in whose legal system a series of manifestations of the rule of law find their expression. Through the case law of the Court of Justice of the European Union and through series of amendments of the Founding treaties, the principle of the rule of law turns into a state of constitutional character for the legal order of the EU, determining both the legality of the acts of the European institutions and the belonging of the member-states to the Union.

ПРИНЦИПЪТ НА СУБСИДИАРНОСТТА – ОСНОВЕН ИНСТРУМЕНТ ЗА РЕГИОНАЛИЗАЦИЯ И ДЕЦЕНТРАЛИЗАЦИЯ

Author(s): Maria Neikova / Language(s): Bulgarian / Issue: 1/2013

This article deals with the general and specific principles of decentralisation. The author focuses on the application of the subsidiarity principle – a leading principle in regionalisation and decentralisation. The need of introducing a decentralised model of governance as a new type of relations between the state and the civil society

ПРИНЦИПЫ ИСПОЛНЕНИЯ СЕРВИТУТА, ВОЗНИКАЮЩЕГО ИЗ ДОГОВОРА

Author(s): Andrei Gennadevich Ananev / Language(s): Russian / Issue: 2/2016

The paper considers the general principles of executing obligations under the current legislation, as applied to the obligations of easement, based on the contract (agreement). The doctrine has not adequately solved this question, but development of the relevant provisions is of great practical importance for unification of the law enforcement. As a result of the analysis of the current legislation, it was concluded that there are certain aspects of the legislative regulation of execution of the easement obligations. The paper distinguishes the general and specific principles, under which the easement obligations should be executed and all disputes associated with this process should be resolved. The general principles are proper fulfillment of the obligation, impermissibility of unilateral refusal to perform the obligation, honesty and mutual assistance of the parties performing the obligation, specific performance. Special attention was paid to the proportionality principle, which is considered in two aspects: proportionality of the actual encumbrance over the immovable property and proportionate payment for the easement. The paper finally stablishes that the existing laws on the matter need further improvement and specification in what concerns the special principle of executing the obligations.

Принципы обременения имущества в частном праве Российской Федерации

Author(s): Olga Bumazhnikova / Language(s): Russian / Issue: 2/2015

The article is dedicated to the problem of encumbrance. The disputes on the legal nature of encumbrance of both movable, and real estate in private law are still going on. The article opens with the general concepts of the principles of law and principles of encumbrance. The author examines some principles of encumbrance of property applied in the private law of Russian Federation and considers their role in the legal regulation of private legal relationships. The author draws a special attention to the problem of coordination of state and public interests and private law in the sphere of both immovable and movable property and contemplates possibilities to balance these interests applying the principles of encumbrance.

ПРИОБЩАВАНЕТО И ПАЗЕНЕТО НА ВЕЩЕСТВЕНИТЕ ДОКАЗАТЕЛСТВА В ДОСЪДЕБНОТО ПРОИЗВОДСТВО ПРЕЗ ПРИЗМАТА НА ПРАКТИКАТА НА ЕВРОПЕЙСКИЯ СЪД ПО ПРАВАТА НА ЧОВЕКА

Author(s): Elena Andreeva / Language(s): Bulgarian / Issue: 1/2021

The report examines in general terms the characteristics of the physical evidences and the preconditions for their return during the pre-trial phase. The compliance of the law with the standards of the ECtHR for a coercive measure (what the retention and ongoing storage of physical evidence represent) and the actions of the national law enforcement authorities are examined.

Припознаване с международен елемент (международно припознаване)

Author(s): Yordan Borisov / Language(s): Bulgarian / Issue: 3/2006

In the last decade the cases of international affiliation have increased mainly as a result of the intensive emigration and immigration processes. This type of affiliation became a question of present interest especially after the adoption of the Bulgarian Private International Law Code. The article examines the conditions for and the procedure of affiliation of a Bulgarian citizen by a foreign citizen on the territory of the Bulgarian state; the conditions for and the procedure of affiliation of a Bulgarian citizen by a foreign or Bulgarian citizen abroad, as well as the mechanisms of the acknowledgement and regulation of these cases of affiliation by the Bulgarian state bodies.

ПРИПРЕМАЊЕ ПРЕДЛОГА САМОУПРАВНИХ ОПШТИХ АКАТА КОЈЕ ДОНОСЕ РАДНИЦИ ЛИЧНИМ ИЗЈАШЊАВАЊЕМ У ДРУШТВЕНОМ ПРЕДУЗЕЋУ

Author(s): Mira Simović / Language(s): Serbian / Issue: 30/1990

L'établissement des projets de l'acte généeral autogestionnaire que les ouvriers arrêtent par uine des formes de la déclaration directe dans l'enterprise sociale, exerce le Conseil ouvrier comme ogane de gestion (article 40 Loi sur 1' organisation de l'enterprise). L'élaboration du projet de l'acte général autogestionnaire comppend la formation normative du contenu fondamental de 1' acte général autogestionnaàre â la base des positions établies antérieurement. La discussion sur le projet de l'acte généeal, qui est arrêté par la déclaration directe, doit se dérouler sur la réunion des ouvriers. De cette monière on permet aux ouvriers d'exposer leurs opinions, leurs remarques et leurs propositions et c'est ainsi qu'ils participent à l'établissement du projet de l'acte général autogestionnaire. La préparation du projet de l'acte général autogestionnaire n'est pas seulement la question de la procédure, mais elle a aussi un certain contenu pratique. La qualité de la proposition de l'acte général autogestionnaire influence le plus directe sur l'adoption de la proposition elle-même et sur la qualité de l'application de celle-oi.

Прирачник за застапување засновано на податоци

Author(s): Ana Blazheva,Jordan Šišovski ,Branimir Jovanović,Kalina Lechevska,Viktorija Borovska,Artan Sadiku / Language(s): Macedonian

Приращението – първичен или производен способ за придобиване на вещни права?

Author(s): Desimira Yurukova / Language(s): Bulgarian / Issue: XIV/2016

This report examines the point of the accretion, that is set out in article 92 Property law. The accretion represents not only means of protecting of owner, but also acquisition of property rights. A comparison and an analaysis of both acquisition methods of property rights – originary and derivative are made in this report.

ПРИРОДА ПРАВНЕ ТЕОРИЈЕ РОНАЛДА ДВОРКИНА

Author(s): Goran Dajović / Language(s): Serbian / Issue: 2/2013

Ronald Dworkin has given the significant impetus to contemporary jurisprudence, with his original and comprehensive critics of the modern legal positivism. As an alternative to the positivism, he offered one specific kind of legal theory which is widely known as “interpretivism”. However, Dworkin’s substantive theoretical tenets are strongly influenced and “colored” by his fundamental epistemological belief that one legal theory is only “general part of adjudication, silent prologue to any decision at law” and that jurisprudents essentially have the same task as the courts of justice (and vice versa): to justify the exercise of coercive power by the state. Consequently, according to Dworkin’s view, this ultimate purpose of law plays important role in resolving particular legal disputes. Since the justification of state coercion is the purpose of legal practice, then the interpretation of past legal decisions (statutes, precedents, etc) must be as morally good as possible. Because it is the common task of jurisprudents and judges as well this viewpoint actually turned Dworkin’s theory of law into the theory of judicial decision-making. And all idiosyncrasies of his theory (normativity, rejection of the rule of recognition, parochialism, etc) stem from this peculiar account about the general role of legal theory.

ПРИРОДА УСТАВНОГ СПОРА И УСТАВНОСУДСКЕ ФУНКЦИЈЕ

Author(s): Dragan Stojanović / Language(s): Serbian / Issue: 23/1983

La juridiction constitutionnelle en Yougoslavie est l'epxression des besoins pour la protection plus complète et plus efficace des libertés et des droits de l'homme, au principe de la constitutionnalité et de la légalité dans toutes ses fonctions et dimensions. Dans le système politique autogestionnaire la Jonction de la cour constitutionnelle est réalisée par excellent en forme des résolutions abstraites des litiges constitutionnels sur la constitutionnalité et sur la légalité des actes normatifs. La théorie juridique relie la notion d'un litige constitutio¬nnel à l'appréciation abstraite de la juridiction constitutionnelle de la constituti¬onnalité et de la légalité des actes normatifs contre, conséquence, l'élimination de l'ordre juridique des actes normatifs illégitimes et anticonstitutionnels. Le caractère abstrait et objectif des litiges constitutionnels et surtout leur dimensi¬on expressément politique donnent à la fonction, elle-même, du règlement de ces litiges, à la fonction de la cour constitutionnelle, le caractère d'une fonction po¬litico-judiciaire et aux organes qui l'exécutent le caractère d'un corps politique c'est-à-dire le caractère d'un organs juridiciaire et politique. 

Природні заповідники як об’єкти еколого-правового заповідання

Author(s): О. О. Ponomarenko / Language(s): Ukrainian / Issue: 139/2017

The problems of the legal status of nature reserves as objects of ecological and legal commandmentare considered. One of the main directions of the modern strategy of Ukraine’s environmental policy should be the implementation of international standards in the organization and protection of nature reserves as objects of the state natural reserve fund, the improvement of legislation on the nature reserve fund in accordance with the recommendations of the Pan-European Biological and Landscape Diversity Strategy (1995) on the formation of the Pan-European Ecological Network as a single spatial system of territories of European countries with the EU or partially altered landscape.All this allowed to formulate the definition of a natural reserve as a state research institution with the status of a legal entity of national importance and performs the functions of preserving in a natural state typical or unique for the given landscape zone of natural complexes with all components of their components, the study of natural processes and phenomena, the developments in them, the development of scientific principles of environmental protection, the effective use of natural resources and environmental safety, the implementation of ecological education and education of the population in the conditions of full restriction of economic activity not connected with its functioning

ПРИРОДНО ПРАВО И МОРАЛ У ДЕЛУ ЈОВАНА СТЕРИЈЕ ПОПОВИЋА

Author(s): Marko Trajković / Language(s): Serbian / Issue: 48/2006

As a proponent of Kant's conception of natural law and moral, Jovan Sterija Popovic deserves the credit for the development of legal science and education in Serbia in the course of the natural law theory rather than in the course of legal positivism.In his opinion, natural law is general, universal and permanent, and does not depend on positive law. On the grounds of his belief that natural law was the pattern used by constitution-framers, judges and law- interpreters, Sterija opposed any kind of authoritarianism and positivism. Natural law is the basis of positive legislation; that is how natural law becomes effective. Thus, Sterija accepted the idea - which was later to be developed by many other legal philosophers - that natural law has to be effective whereas positive law has to be (morally) right; that is how natural law becomes applicable. Sterija also developed the idea that there is a connection between natural law and human dignity, which makes natural law applicable in the field of international law owing to the fact that the right to human dignity has supremacy over all other rights.Although he made a clear distinction between natural law and ethics, by his definition of the proto-law (principal, ultimate law) Sterija falls into the group of legal scholars who perceive the correlation between natural law and morality. The interrelatedness is made prominent in the definition of the proto- law, which is designated as the right of man as a moral being to preserve the personal human dignity.Sterija's idea of natural law and ethics has served as the foundation for the development of Serbian legal science.

ПРИРОДНО-ПРАВНА ТЕОРИЈА ЈОВАНА СТЕРИЈЕ ПОПОВИЋА

Author(s): Dejan Matić / Language(s): Serbian / Issue: 48/2006

The conceptual legal though in Serbia has been in the full swing of its development from the early 19th century, alongside with the constitution of a modern Serbian national state and the outset of the civic society. The legal thought of Serbian legal scholars of the time is clearly distinguished by the profusion of legal thought, the depth of critical analysis and the elegance of rhetoric expression which made their legal theories an integral part of the rich history of the Serbian theory of law, whose results could be directly built into the contemporary legal thought. As a renowned literary author, lawyer and scholar, Jovan Sterija Popovic has a very special place among the Serbian legal philosophers of the time for his contribution to the development of our theory of law. Sterija's assumptions on concepts of the state and the law are primarily based on Kant's ideas. Even thought there is some departure from Kant's point of view, it does not significantly affect Sterija's reception of Kant's legal thought. However, being a prominent legal theorist, he adopted only those natural law concepts that undeniably had a universal value, thus giving his elegant, well-balanced and moderate expression of his legal thought a touch of his personal interpretation. It is beyond any doubt that Jovan Sterija Popovic has left a significant trace in the history of the Serbian conceptual legal thought, and that his opus is of interminable importance as inevitable linkage in the development of theory of law in Serbia.

Приспособяване на авторското право и сродните му права към цифровия единен пазар за Eвропа

Author(s): Violeta Tsakova / Language(s): Bulgarian / Issue: 2/2017

New technologies and the Internet have radically changed the creative content market. They have provided authors, intermediaries and consumers with new methods for its commercial and non commercial use. The existing European legal framework of copyright and related rights has proven to be incompatible with the new realities and has held back the use of new possibilities offered by digital technologies. In response to this challenge, measures have been taken to modernize the legal framework that has been implemented in the development of new regulations for the protection ofcopyright and related rights in the European Union. The study includes the reasons for the creation of these rules, their nature, the mechanisms for their enforcement and the expected results.The analysis clearly draws forward proposed indisputable regulations as well as highly controversial and unacceptable ones for reasons of concern to the important interests of the subjects covered by the new rules. On this basis, questions arise about improving the legislative activity of the Union as well as preparing the responsible institutions in Bulgaria for carrying out the national legislation in the field of copyright and its related rights in accordance with the changes in the European framework.

ПРИСТАНАК ОШТЕЋЕНОГ И СЛИЧНИ ПРАВНИ ПОСЛОВИ

Author(s): Srđan Radulović / Language(s): Serbian / Issue: 73/2016

In civil law theory, consent of the injured party is considered as a legal institute that leads to exclusion from liability for the wrongdoing. This actually means that, when someone consents for damage to be caused, the person who actually caused the damage shall not be required to compensate it. Besides being a fact that leads to the exclusion of liability, consent of the injured party is also regarded as a legal arrangement. This paper discusses the the relations between the concent of the injured party and legal institutes which have identical or similar legal effects. The author first analyzes the relationship between the consent of the injured party and the institute of debt relief, and the relationship between the consent of the injured party and the agreement on the exclusion of liability. The provided analysis focuses on similarities and differences between each of these legal institutes. The precise differentiation between legal institutes is an essential prerequisite for proper application of legal norms they are made of. In this research, the author used the standard legal research methods both in the process of gathering data and in the verification process. The normative method has been applied in reviewing the legislative acts that regulate this matter and a significant number of scientific papers on this issue. In addition to taking advantage of the abstraction and generalization method, the analysis provided in this paper is primarily based on the synthesis of the comparative and systemic approach, as the key methods applied in the verification process.

ПРИСТАПУВАЊЕ НА ЕВРОПСКАТА УНИЈА КОН КОНВЕНЦИЈАТА ЗА ПРАВАТА НА ЛИЦАТА СО ХЕНДИКЕП

Author(s): Zaneta Poposka / Language(s): Macedonian / Issue: 18/2013

Овој труд го разгледува процесот на пристапувањето на ЕУ кон Конвенцијата за правата на лицата со хендикеп на Организацијата на обединетите нации, прва меѓународна конвенција за правата на човекот на која ЕУ и пристапила. Дополнително се анализираат прашања како што се: каде се наоѓа Конвенцијата во правниот систем на ЕУ, повеќекратна правна основа за пристапување на Унијата кон Конвенцијата, како и поделените договорни односи помеѓу ЕУ и нејзините држави-членки со цел спроведување на одредбите на истата. За крај, се анализира прашањето на ефикасното спроведување на Конвенцијата од страна на Унијата од аспект на заштита од дискриминација врз основа на хендикеп. Во таа насока, посебно место се отстапува на анализирањето на членовите од Конвенцијата кои директно ја засегаат заштитата од дискриминација врз основа на хендикеп како што се членовите 4 (општи обврски), 5 (еднаквост и не-дискриминација), 9 (пристапност), 24 (образование), 27 (работа и вработување) и 33 (национално спроведување и набљудување).

ПРИСТУПАЊЕ ЈУГОСЛАВИЈЕ ТРОЈНОМ ПАКТУ: ПОЛИТИЧКА ЗАБЛУДА ИЛИ ИСТОРИЈСКА НУЖНОСТ

Author(s): Nebojša Ranđelović / Language(s): Serbian / Issue: 42/2002

The Tripartite Non-aggression Pact, signed by the government of the Kingdom of Yugoslavia, has often been regarded as a great historical dilemma, and a taboo issue for objective research and inferring consequent conclusions. It is primarily the result of the longstanding burden of ideological criticism and disapproval with this pact, but also the consequence of insufficient disclosure of all the factors that influenced such progress of events. Disclosing the historical circumstances that led to such developments, the conduct of the leading government officials, the dilemmas of the state leaders pertaining to the necessity of their choice or willing commitments, this article aims at emphasizing the need to reconsider all the factors that led to such an act. Elaborating on the contents of this pact and the legal character of the accompanying government acts (as well as the documents of the "Axis" governments), the author's intention is to highlight the fact that the undertakings of the leading government officials at the time were not the result of irresponsibility but of ultimate necessity. Moreover, considering the circumstances from the yonder point of view, this extorted act may have been the only possible arrangement which, I daresay, was not so detrimental to the interests of the Kingdom of Yugoslav.