Пріоритетні напрями забезпечення ефективного функціонування публічної служби в України

Author(s): Y. Bytyak / Language(s): Ukrainian / Issue: 07/2015

The article examines the priority areas to ensure the efficiency of the publicservice in Ukraine.One of the crucial problems of improving the state-government institutions isto develop effective human resources, creating a perfect mechanism for the civilservice.Analysis publications, the views of representatives of public authorities tostudy the problem of the legal framework on public service show that this issue isoften discussed and considered in political circles, public authorities at variousforums. The government is trying to take into account existing scientific observationslawyers, politicians on the public service. The permanent discussion in society andthe competent authorities to pass the revised legislation in this area.Without the proper implementation of laws and their implementation all ourlegislative activity will have no meaning. Irresponsible lawmaking as failure, not oflaws in life create extremely dangerous situation for the functioning of the state,society, each individual citizen. Preparation deliberately imperfect laws nothing butunnecessary costs of public funds not only money, if not otherwise. This provides thebasis for distrust of the law in general, Verkhovna Rada of Ukraine, which takes suchlaws, professional parliamentarians to the whole legislative system.By the end remain unresolved problem of increasing the prestige of the civilservice, civil servants to reduce dependence on the political situation in the country,ordering system management (recruitment procedure, competitions, evaluating thequality of employees, career planning, etc.) to overcome the lack of professionalismand legal culture officials failings of training. Also seems important to state, everystate agency, its structural unit should have a clear idea of the size of some experts interm of development to prepare them for certain professions.Only recently a gradual shift obtained the relationship between the publicservice and local government, introduction of new technologies of personnelmanagement in the public service. However, the most important issues only declaredin the policy documents and remain.From our point of view, in the reform of the legal framework of public servicemust use a systematic approach, consider public service as a tool for effectivemanagement activities. This causes the main objectives of public service in thecountry, including the basic principles is to achieve stability and integrity, ensuringthe effectiveness of government agencies, further democratization ways of formationand activities of government, the creation of social, legal and other conditionsnecessary for effective service.Improving the functioning of the legal principles of public service requires aclear legal definition of the fundamental provisions of the Civil Service, its place inthe system of governance, mechanisms unification of certain positions given thecontent of the employee and its impact on the final decision of official responsibility,procedure and conditions for the transfer of civil servants one state agency to another,and to strengthen the social security of civil servants, including in the event ofdismissal of reasons beyond their control.Given the common task to perform public service, we believe that currentreform priorities and improve its legal framework should be:1. Introduction of effective mechanisms, standards and procedures forpersonnel management in the public service.2. One aspect of improving civil service associated with the introduction of aneffective mechanism, standards and procedures for personnel management is thedevelopment of the senior civil service.3. Introducing competitive selection exclusively for civil service positions inall categories.4. Increasing the capacity of the civil service.5. Quite closely to the problems of improving public service related to issues ofconflict of interests and transparency of income and expenditure of public servants.6. It makes sense in our opinion is the conversion of units to work with staff instate-government agencies to "service personnel".7. Equally important is the introduction of objective criteria for assessing thepublic sector.8. Another important dimension of public service should be the introduction ofsoftware and analytical approach to staff development, including career planning andcreation of personnel reserve.An important area of public service in Ukraine has also become construction ofan effective system of training of civil servants.The solution to the above organizational problems of the civil servicedeficiencies regarding the content and completeness of legal regulation will create notonly effective system of civil servants working in the country, but also to the nextlevel of government in general.

Процесуалноправни специфики на даването на задължителни тълкувания на Конституцията от Конституционния съд

Author(s): Viktor Simeonov / Language(s): Bulgarian / Issue: X/2015

Public Law

Процесуальні вимоги призначення та проведення економічних експертиз

Author(s): Olha Pugachenko / Language(s): Ukrainian / Issue: 26/2014

The aim of the paper is to compile information on the procedure of appointing and conducting of economic expertise by type of procedural law, as well as to identify problems and inconsistencies and the ways of solving them in order to improve judicial procedures. Within the performance of the relevant type of investigation and trial economic expertise may be administered and conducted, including expertise of: accounting and taxation; financial activities; financial and credit operations. Purpose and conduct of economic expertise depending on the type and extent of open justice prosecution is held according to the Criminal Procedure, Civil Procedure, Commercial Procedural Code of Ukraine and the Code of Administrative Procedure of Ukraine. In civil and administrative procedures the appointment and conduct of expertise, including economic expertise on the level of legislative regulation, are nearly identical in content and nature and in the economic procedure – are not regulated sufficiently and in detail. The value of the results is obtained in the study of procedure of the appointment and conduct of economic expertise and in identifying gaps and ways to deal with them in the legal regulation of judicial procedures.

Процесът Коалиция 2000 през 1999 г.

Author(s): Author Not Specified / Language(s): Bulgarian

The Report, discussed at the Policy Forum of Coalition 2000 in December 1999, presents the major activities of Coalition 2000 during 1999: -Clean Future Public Awareness Campaign; -The Institution of the People's Defender the Ombudsman; -International activities; -Monitoring.

ПРОЦЕСЪТ НА ДЕЦЕНТРАЛИЗАЦИЯ НА РЕПУБЛИКА БЪЛГАРИЯ

Author(s): Maria Neikova / Language(s): Bulgarian / Issue: 1/2011

The research deals with the process of decentralization and deconcetration in Bulgaria.

ПРОЦЕСЪТ СРЕЩУ ХРИСТОС. ИСТОРИКО-ПРАВЕН АНАЛИЗ

Author(s): Federico Fernández de Buján / Language(s): Bulgarian / Issue: 2/2015

The process by which Jesus Christ is sentenced to death is characterized by a series of unanswered questions that lead to a Big Riddle. The study, which is both historical and legal, provides a detailed panorama of all the phases of the trial and the decision to condemn, both infront of the Sinedrionn and the Roman Procurator Pontius Pilate. The judgment of Christ was realized in a shameful criminal process - the most unfair of all the times.

ПРОЧИТАНЕ НА ОБЯСНЕНИЯТА НА ОБВИНЯЕМ И НА ПОКАЗАНИЯТА НА СВИДЕТЕЛ В СЪДЕБНАТА ФАЗА НА НАКАЗАТЕЛНИЯ ПРОЦЕС

Author(s): Adelina Hadzhiyska / Language(s): Bulgarian / Issue: XII/2015

Тhe current article aims at analyzing the statement made by the accused person or witness in the criminal trial. Some cases, different hypoteses and certain problems in practice are presented. In this context, in conclusion the principle positions according to the Article 6, para 1 and 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms are analyzed, too.

ПРОШИРЕНА РЕПРОДУКЦИЈА У САМОУПРАВНОМ СОЦИЈАЛИСТИЧКОМ ДРУШТВУ

Author(s): Jovan Petrović / Language(s): Serbian / Issue: 16/1976

ПРОШИРЕЊЕ ДЕЈСТВА АРБИТРАЖНОГ СПОРАЗУМА

Author(s): Dejan Janićijević / Language(s): Serbian / Issue: 62/2012

The scope of arbitration agreement is limited both in subjective and objective sense. Namely, the jurisdiction of arbitration tribunal refers only to disputes covered by arbitration agreement, arising between the parties thereof. However, under certain circumstances, the effects of the agreement can be extended to issues and subject not encompassed thereby. This paper examines the grounds for expanding the reach of arbitration agreement, emphasizing the consensual nature of arbitration. The author makes an effort to determine the conditions under which arbitration agreement may affect non-signatories, and to identify the situations in which arbitration tribunal may rule on issues not covered thereby. Through the in-depth analysis of different legal concepts and institutes that belong to different legal systems, this paper attempts to synthesize the common principles applicable in all situations in which the questions of expanding the scope of arbitration agreement may arise.

ПРОШЛОСТ И ПЕРСПЕКТИВЕ АДМИНИСТРАТИВНЕ ПОДЕЛЕ ГРУЗИЈЕ

Author(s): Miriam Jikia / Language(s): English / Issue: 83/2019

Historically speaking, Georgia never had an opportunity to independently determine the form of country’s administrative division. Due to some factors, including foreign and domestic policies, and socio-economic conditions, it was inevitable to divide the country into certain territorial units; however, Georgia has never been a strictly centralized state. The presented paper discusses the issue of administrative division in legal documents created in independent Georgia. The issue is debated with reference to the first Constitution of the Democratic Republic of Georgia adopted in 1995, and the second amended Constitution adopted in 2004, and the third amended constitution adopted in 2010. The paper also reviews all the amendments of the Georgian Constitution introduced in the past 20 years,which have not brought any significant changes on the issue of administrative division. The author analyses what may be the best administrative division for Georgia by considering two existing regional conflicts, and underlines the positive and negative aspects of Federalism and Unitarism.

Проявление на принципите на законосъобразност, добросъвестност и прозрачност в областта на защитата на личните данни

Author(s): Anita Borisova / Language(s): Bulgarian / Issue: 2/2021

The article aims to reveal the essence of legal principles and in particular to focus on three of the principles applicable in the field of personal data protection – lawfulness, fairness and transparency. The basics of the considered principles within the administrative law science and the executive activity from the perspective of the Bulgarian and European legislation are studied. Conclusions are reached about the importance of the problem in practice, due to the high penalties applicable in cases of data breaches by controllers and processors.

Проявления на непреодолимата сила при обявено в България извънредно положение

Author(s): Momchil Ivanov / Language(s): Bulgarian / Issue: 2/2021

The article addresses the current issue of the manifestations of force majeure in the state of emergency in Bulgaria, declared in 2020. The emphasis is on the Law on Measures and Actions during the state of emergency and on overcoming the consequences and orders of the Minister of Health as manifestations of force majeure by analysing its essential features according to Article 306 of the Bulgarian Law on Commerce. A distinction has been made between these forms of force majeure and economic intolerance.

Пряка демокрация и плебисцити в Древния Рим

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian / Issue: 1/2008

The main motivation for discussing the problems of direct democracy and plebiscites in Ancient Rome is an ongoing debate and concerns (ISSUES) related to the preparation of a draft law which allows for direct citizen participation in the government process. The article reviews the historical and comparative legal aspects of direct democracy as well as problems which involved direct democracy in ancient times and particularly in Rome. "Direct Democracy and Plebiscites in Ancient Rome "presents a comparative analysis of the two major forms of the direct democracy principle of governance in the modern world - referenda and plebiscites. The article explores the use of two Latin terms from Roman legal sources – “referendum" and "plebiscitum". It discusses the evolution of plebiscites and stresses the fact that they acquired equal force with leges in the Late Republic. The article concludes that there is no reception of these institutes (especially plebiscites, because in Rome referenda were not recognized as a form of direct democracy), beyond the boundaries of the specific historical epoch. The different legislative technique, social and political realities of ancient Rome prevent us from speaking of them as the direct genetic precursors of modern referenda and plebiscites. Despite the acceptance of ideas and terminology, the specific modern the European Community realization of national sovereignty is a creation of a later epoch.

Пряката демокрация като инструмент на четвъртата власт

Author(s): Manol Asenov / Language(s): Bulgarian / Issue: IX/2014

The mass media have an important role in modern democratic society as the main channel of communication. The population relies on the news media as the main source of information and the basis on which they form their opinions and voting decisions. The article analyzes the role of the media to promote the direct democracy. The methods of sociology of law as an interdisciplinary science are used because the media rapidly improve their high technology. In this regard, the author formulates its own proposals.

Пряката демокрация и академичната автономия

Author(s): Ivan Georgiev,Vasil Petrov / Language(s): Bulgarian / Issue: IX/2014

The report aims to distinguish the academic autonomy of politically connected principles and goals, and make it clear that although the term “autonomy” to have a political context, then its use in this sense is more than unacceptable. Unacceptable are also the arguments that behind the autonomy can be a direct democracy – e.g. adoption of decisions of the academic council in support of political objectives. Universities are non-political institutions, and that is the face of their academic autonomy.

Пряката демокрация, гражданското общество и общественото правосъзнание

Author(s): Mariya Mihaylova / Language(s): Bulgarian / Issue: IX/2014

The constitutional principle of direct democracy requires the legal system to create such rules to institutionalize the possibilities for direct participation of civil society in the central and the local governments. Norms, institutionalizing the principle of direct democracy, however, are created from a limited number of persons to whom civil society has delegated representative/mandate to manage. In this case, although enshrined in the Constitution, the principle of direct public participation in the management of the state or the local community will be devoid of substance delegates through the creation of a state of ostensiblity. In the situation at issue developed in democratic societies will trigger repair mechanism in which civil society, whose delegates were hampering the right to participate directly in governance, will be able to replace their vote and change delegates. Thus the equilibrium in a balanced democracy will be restored through self-regulation of its two components - direct and representative regimes. This hypothesis, however, is possible only under-developed and active civil society. May and one case in which the delegates create effective mechanisms for direct participation of civil society in the governance processes. Then "the realization" of direct democracy will again depend on the activity of civil society. Given that the implementation of direct democracy in constitutionally established democratic societies, regardless of the will of the delegates will depend entirely on the activity of civil society. Therefore the main subject of research shall be public legal awareness as a factor as to lay the activity of civil society in process of implementation of direct democracy. High legal culture of society a basic premise for а practical behavioral implementation of direct democracy. To be considered, however, a legal rule as legitimate it is not enough to know it by individual members of society, although the cognitive element is a fundamental factor. It is necessary that it be recognize to the assessment model that follows public legal aware- ness by leading here is the psychological factor. As a result of the joint action of these two factors - psychological and cognitive (intellectual), the community takes a decision to implement specific a legal significant behavior. Implementation of direct democracy is related with the exercise of a constitutional right established by his failure to exercise is not related to any sanction. In societies which a lack good judicial culture and intellectual understanding of the legal norm is motivated by fear of the possible legal sanctions, the lack of such a sanction substantially affects the motivation of active civil behavior...

Пряко действие на разпоредбите на Договора за европейска общност и основните форми на законодателството на Европейската общност в светлината на ...

Author(s): Svetla Atanasova / Language(s): Bulgarian / Issue: 4/2006

EUROPEAN LAW / This article is examining the impact of the EC Treaty and European law on the jurisprudence of the European Court of Justice. The legal effect of the Treaties and the EC legislation - regulations, directives and decisions is considered separately. It is maintained that despite the voluminous case law of the ECJ since the early 1960s, the problem regarding the direct effect of different EC normative acts is still to be elucidated. It is further emphasized that a great deal of confusion has been created with regard to the criteria for distinguishing the direct effect of the provisions of EC treaty law and of EC legislation on the judicial practice of the European Court of Justice. Therefore, the need of establishing clear guidelines in this respect has been emphasized in the present study. Finally, a conclusion is been drawn that despite some differing views on the direct impact of EC treaty law and legislation the doctrine of direct effect has been advanced and their contribution to the ECJ jurisprudence has acquired larger recognition. This interface between the process of lawmaking and adjudication within the normative framework of the European Law has promoted the development of European Law and jurisprudence.

Прякото управление - история, въпроси, проблеми (Допустим ли е конституционен референдум?)

Author(s): Ekaterina Mihaуlova / Language(s): Bulgarian / Issue: 7/2017

Under consideration in the present article is the legal regulation concerning the holding of national referendums under the implementation of the fourth so far in force Bulgarian Constitution, respective legislation and the practice related thereto. Under particular analysis are provisions of the currently in force Direct Citizen Participation in State and Local Government Act and some of the issues, stemming from both the relevant Act and the Constitution are also pointed out. The author justifies the possibility for a constitutional referendum as well as for a citizens’ legislative initiative to be held by formulating proposals for the respective legislative and constitutional amendments to be made.

Прякото участие на гражданите в местното самоуправление в Р България

Author(s): Nedejda Yonkova / Language(s): Bulgarian / Issue: IX/2014

The article traces the historical development of the direct participation of citizens in local self-government. A brief legal and historical overview is made, starting with the first Law on Referendum in municipal works from 1909 and ending with the current legislation. Discusses the provided forms in the Law on direct citizen participation in state and local government a local referendum, a general assembly of the population and civil initiative. It outlines other legal opportunities for citizens to participate actively in solving substantial share of public affairs through public discussion provided in the Municipal Debt Act, the Public Finance Act, the Law on Spatial Planning and others. Presents the results from conducted legal-sociological survey.

Психическата принуда върху престъпния деец като форма на съучастие по българското наказателно право

Author(s): Rusi Alexiev / Language(s): Bulgarian / Issue: 1/2021

The article deals with the issue of complicity in the commission of a crime between a person who exercises mental coercion on another in order to motivate him/her to commit a crime, and the person in respect of whom coercion has been exercised. It provides an answer to the questions of whether it is possible for the coercive person and the coerced person to appear as co-perpetrators of a crime, in what hypotheses and how the behaviour of the coercive person should be qualified. Hypotheses have been discussed in which the coercer instigates and helps another person in commiting the crime for which he/she has been coerced. The paper also provides a proposal for qualification of the coercive person’s criminal activity and considers the institute of complicity through mental coercion. A distinction has been made between cases of complicity between the coercer and the coercee on the one hand, and those in which there is mediocre perpetration on the part of the coercer on the other hand. The article would be useful to legal practitioners in qualifying some specific hypotheses of complicity in a crime when one of the persons involved in the crime is subject to coercion.