ЗАКОНОДАТЕЛНА ИНИЦИАТИВА И ЛОБИЗЪМ

Author(s): Nedejda Yonkova / Language(s): Bulgarian Issue: XII/2015

This article is devoted to the legal sociological parameters of the lobbyism in the legislative process. There is made an differentiation between the lobbyism like an element of the democracy system and his exhibition like deviation. It is considered the need of institutionalizating the lobbyism and accepting the law for lobbyism in Bulgaria. There are submitted results from the pilot research of Bulgarian citizens’attitude for lobbyism.

ЗАКОНОДАТЕЛНИЯТ ПРОЦЕС И ПРЕВЕНЦИЯТА НА ПРЕСТЪПНОСТТА

Author(s): Petya Shopova / Language(s): Bulgarian Issue: XII/2015

Prevention of criminality is an extremely important social problem that can be solved with the efforts of all institutions and under the leading role of Parliament. The Parliament should formulate the main principles of national criminal policy and the politics of prevention of crimes. This must be realized through the legislative process and an effective parliamentary control on the government.

ПРАВНО-СОЦИОЛОГИЧЕСКИ АСПЕКТИ НА ЗАКОНОДАТЕЛНИЯ ПРОЦЕС ПРИ СЪЗДАВАНЕ НА СПЕЦИАЛЕН РЕД ЗА ОПРЕДЕЛЯНЕ НА НАКАЗАНИЯТА ПРИ СЪКРАТЕНО СЪДЕБНО СЛЕДСТВИЕ

Author(s): Mariya Mihaylova / Language(s): Bulgarian Issue: XII/2015

Over the past two decades the government was catching role to increase and diversify the forms of crime. One of the ways of achieving speed of justice is the creation of legislative incentives for positive post-criminal procedural behavior of the perpetrator in return for a promise of a lighter penalty. The regulation of such rules is a very delicate matter and requires finding the balance between the protection of impaired to a specific crime a social value and the protection of rapid justice.

ОБЩЕСТВЕНО ОБСЪЖДАНЕ И ОБЩЕСТВЕНИ НАГЛАСИ ВЪВ ВРЪЗКА С ПРОМЕНИТЕ В ЗАКОНА ЗА МЕСТНИТЕ ДАНЪЦИ И ТАКСИ

Author(s): Denitsa Ivanova / Language(s): Bulgarian Issue: XII/2015

Because of the importance of the local taxes and fees - the main profit in the budget of the municipalities and a significant cost to the citizens, changes in the matter must be consistent, logical and accepted after wide and transparent held public discussion. The opposite leads to ambiguities and gaps in the legislation and embarrasses both the administration and citizens in the effective and full exercise of their rights.

СУРОГАТНОТО МАЙЧИНСТВО – ЗАКОНОДАТЕЛСТВО И ПРОБЛЕМИ

Author(s): Kaloyan Krastev / Language(s): Bulgarian Issue: XII/2015

Technology advancements, across a range of scientific fields are presenting new possibilities for medicine. But still ten to fifteen percent of married couples are unable to have children. Surrogate motherhood is not a new solution to the old problem of not being able to reproduce an offspring. Surrogacy has been around for a long time and dates back to biblical times. An interesting bible story is that about Sarah, the wife of Abraham. Sarah could not have children in the beginning. She gave her handmaid, Hagar, to her husband Abraham to bear them a child.

ЗНАЧЕНИЕ НА СЛЕДСТВЕНИТЕ ВЕРСИИ ЗА ЕФЕКТИВНОТО РАЗСЛЕДВАНЕ НА ПРЕСТЪПЛЕНИЯ СПОРЕД ЕВРОПЕЙСКИЯ СЪД ПО ПРАВАТА НА ЧОВЕКА

Author(s): Zdravka Krasteva / Language(s): Bulgarian Issue: XII/2015

This report examines the role of investigative versions for the effective investigations in the light of the European Convention on Human Rights. The main shortcomings, detected by the Strasbourg court, in the construction and verification of versions has been outlined, as well as the procedural safeguards in Bulgarian law for completeness and comprehensiveness of the investigation. The psychological phenomenon of „tunnel vision” is considered as one reason for the one-sidedness of the investigation and several recommendations for overcoming this have been formulated.

МЕСТНО САМОУПРАВЛЕНИЕ НА АВСТРИЯ И БЪЛГАРИЯ

Author(s): Konstantin Grigorov / Language(s): Bulgarian Issue: XIII/2015

The goal of this analysis is to draw comparisons between the foundations and the organization of local self-government in Federal Republic of Austria and Republic of Bulgaria. The research follows up the term „self-government” as defined by the law theory and the law of the two states. Particular accent has been placed on the municipality as self-governing administrative and territorial unit.

НЕПРИСЪСТВЕНИ РЕШЕНИЯ НА ОБЩИНСКИТЕ СЪВЕТИ

Author(s): Mihaela Dotsova / Language(s): Bulgarian Issue: XIII/2015

The municipal councils are incorporating in their organization statutes possibilities for taking administrative acts by subscription. Those administrative acts are enacted in valuation of Law on Local Government and Local Administration. The Law requires the administrative acts of the municipal councils to be enacted on a session with the necessary quorum. The report justifies the invalidity of the administrative acts by subscription.

ОМБУДСМАНЪТ И ЗАКРИЛАТА НА ПРАВАТА НА ГРАЖДАНИТЕ

Author(s): Natasha Tseneva / Language(s): Bulgarian Issue: XIII/2015

The Ombudsman of The Republic of Bulgaria is a constitutional figure whose main field is the protection of human rights. Its basic characteristic is independence when investigating cases of bad administration. It has limited powers to start a procedure before Constitutional Court concerning human rights. A future revision of The Constitution can change this to achieve greater protection of human rights.

ДАНЪЧНО ТРЕТИРАНЕ НА ПЕЧАЛБАТА ПО РЕДА НА ЗКПО. АВАНСОВО ПЛАЩАНЕ НА ДИВИДЕНТ

Author(s): Atanaska Chelebiyska / Language(s): Bulgarian Issue: XIII/2015

The concept of profit is of basic importance both for economic science and for the accounting practice. Economic profit is defined as the difference between incomes and expenses. From an accounting point of view profit is the positive financial result from the activity of the economic subject for a definite period of time.

E PLURLBUS UNUM? ПРОБЛЕМИ ПРЕД ХАРМОНИЗАЦИЯТА НА ДРУЖЕСТВЕНОТО ПРАВО В ЕВРОПЕЙСКИЯ СЪЮЗ

Author(s): Martin Babarov / Language(s): Bulgarian Issue: XIII/2015

Although smaller but still substantial part of the acts of the secondary EU legislation refers to coordination to the necessary extent of the safeguards required by Member States in respect of companies within the meaning of Article 54, para. 2 of the Treaty on the Functioning of the European Union. The aim is to protect the interests of members of companies and third parties with a view to making such safeguards equivalent throughout the EU, thus ensuring the freedom of establishment of companies. The harmonization process raised many issues about the scope and the means employed and in the focus of this analysis shall be examined the problems arising from the legislative framework.

„КЛАУЗАТА КРИСТОФЕРСЕН” ДЕСЕТИЛЕТИЕ ПО-КЪСНО – КРАЧКА НАПРЕД ИЛИ ДВЕ КРАЧКИ НАЗАД В ИЗГРАЖДАНЕТО НА „...ВСЕ ПО-ТЕСЕН СЪЮЗ МЕЖДУ НАРОДИТЕ НА ЕВРОПА”?

Author(s): Dimitar Angelov / Language(s): Bulgarian Issue: XIII/2015

Determining the relationship between EU Law and the constitutional law of the Member States is among the most complex issues in the Union legal theory. The present report focuses on a particular aspect of this issue which concerns the jurisprudential evolution of the national identity clause (Art. 4, (2) TEU).

ПОНЯТИЕТО ЗА СПРАВЕДЛИВ ПРОЦЕС СПОРЕД EВРОПЕЙСКАТА КОНВЕНЦИЯ ЗА ЗАЩИТА НА ПРАВАТА НА ЧОВЕКА И ОСНОВНИТЕ СВОБОДИ

Author(s): Mariya Hristozova / Language(s): Bulgarian Issue: XIII/2015

One of the most - effective means of protection against arbitrary or omissions of national authorities is a judicial review .In order to fulfill its function it efficient remedy shall meet the requirements referred to in Article 6 of the ECHR. Article 6 of the Convention is a general provision on the right to a fair trial, which formulates different, distinct rights, constituting in the aggregate a single right: the „right to court”. This fundamental right is encapsulated in a number of guarantees set out in article 6 primarily touching the organization and composition of the court conducting the proceedings.

Имена састављача Рударског законика деспота Стефана Лазаревића

Author(s): Aleksandar Loma / Language(s): Serbian Issue: 27/2020

Основни компоненти на методологията за управление на риска от изпиране на пари

Author(s): Rusi Vladimirov Yanev / Language(s): Bulgarian Issue: 1/2022

The article addresses some aspects of problems and challenges associated to the methodology related to money laundering risk management on national level. On the basis of a description and explanation of the negative socio-legal phenomenon of money laundering, the author describes the need for permanent management of the risk of legalization of income and property generated by criminal activities. The essential institutional and functional elements for coordination in the activities are reviewed and guidance for aiming the competent structures according to risk is provided. The principles of the methodology and their importance for risk management are analysed. In conclusion, the author sets focus on the principles of effectiveness and efficiency in implementation of analytical tools in the methodology.

Postupak javne dražbe u kasnosrednjovjekovnom Šibeniku

Author(s): Ante Birin / Language(s): Croatian Issue: 63/2022

Among the various provisions related to certain segments of property law in most of the statutes of medieval Dalmatian communes, due attention was paid to the mode of acquisition. Buying at a public auction (emptio ad publicum incantum) is mentioned as one of these modes in all Dalmatian statutes, more or less extensively. This paper focuses primarily on the statutory provisions in the Book of Statutes, Laws, and Reforms of the City of Šibenik, which regulated various aspects related to the public auction procedure, starting with who had the right to participate in a public auction, the procedure, the regulation of cases when property could not be sold at a public auction (if damage was caused to the owner), and the issue of sanctioning those who would not pay the agreed price or would sell stolen property at an auction. What the application of these statutory provisions looked like in practice and whether they became “a petrified, dead letter on paper” or a “living source by which legal reality was shaped” (Nella Lonza) can be inferred from the breviary of public auctions kept in the preserved records of Šibenik notaries from the 15th century. It reveals details related to the identity of buyers, the value of items sold at the auctions, their origin and possible further (re) sale. This allows for a more complete insight into the various aspects of public auction institutes – their particularities, similarities, and differences – both at the local level of the city and at the regional (Dalmatian) level.

The Necessary Feminisation of the Hegelian Dialectic

Author(s): Małgorzata Maciejewska / Language(s): English Issue: 44/2022

By claiming that self-consciousness exists only as recognized, Hegel undermined the paradigm of the autonomous subject. But since in western culture autonomy is paired with mascu-linity, it follows that what Hegel proposes is in fact a femini-sation of our notion of subjectivity. His misogyny, however, prevents him from noticing this, and in his description of the ethical state he reinstates the masculine, self-subsistent subjectivity as the model of the citizen and excludes women from the public sphere, which leads to inconsistencies in his theoretical project. I argue that this is the result of denying women recognition so that men could have the love and care guaranteed in order to uphold their illusion of autonomy, which jeopardizes the idea of the ethical state. In this way, both Hegelian insights and his blind spots provide us with tools for the analysis of contemporary democracies struggling with the inheritance of liberal contract theories and capitalist (ir)rationality.

‘Laws for Trash’: Care in the Autumn of Life (The Bulgarian Context)

Author(s): Stoyan Stavru / Language(s): English Issue: 55/2021

This article examines the three bills on older persons that were introduced in the 44th National Assembly of the Republic of Bulgaria (2017–2020). A detailed comparison is made between the different approaches taken in the bills in regulating the legal status of older persons. Also examined are the objections that led to the rejection of the bills by the parliamentary majority in Bulgaria. Special emphasis is placed on the importance of the issue of the elderly’s special needs and situation in the context of growing intergenerational tensions.

Tribunal révolutionnaire et procès du Roi et de la Reine

Author(s): Paul de Lacvivier / Language(s): French Issue: 4/2022

this paper aims to highlight how the trial of Louis XVI expresses a complete inversion of the legal principles of Old christian France, where the authority of the absolute King submits to superior customary and divine laws, against the revolution, which makes the ‘general will’ a God allowing for unrestrained legal positivism. After recalling how the assassination of the King allowed the vicious circle of terror, the trial of Marie-Antoinette and the revolutionary trials, we propose an explanation of the legal principles that can lead to thiskind of totalitarianism. to do so, we present some cases from 19th centuryJapan, which, when compared with the revolutionary trials and the pre-revolutionary christian world, provide a key to understanding: the hierarchy of positive, natural and divine laws greatly explains how such and such a legal system can allow or not the justification of mass crimes or totalitarianism

Кривична дела повезана са тероризмом и заштита жртава од виктимизације у праву ЕУ

Author(s): Nikola Paunović / Language(s): Serbian Issue: 80/2022

Because countries are currently dealing with a slew of criminal acts related to terrorist activities, special attention should be paid to this issue. In order to establish an adequate criminal law response to terrorist threats at the level of the European Union, Directive 2017/541 was adopted, which criminalises criminal acts related to terrorist activities. The Directive also pays attention to special investigative techniques in the process of detecting criminal acts of terrorism as well as protecting victims from victimization. In this sense, the paper examines the phenomenological forms of various criminal acts related to terrorist activities and the importance of the European legal acquis (acquis communautaire) in this area for the Republic of Serbia. Finally, the analysis indicates that the application of special investigative techniques is becoming more and more important in the sphere of the detection of terrorist activities. That is why it is necessary to undertake the needed operational actions with a coordinated and timely approach with the aim of early detection and recognition of terrorist crimes to enable adequate protection for victims of terrorism.