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Българската дискусия за запрещението между решението на Конституционния съд и Законопроекта за физическите лица и мерките за подкрепа

Author(s): Velina Todorova / Language(s): Bulgarian Issue: 2/2015

The article speculates on the recent developments in Bulgaria in regard with the legal reform following the UN Convention on the Rights of Persons with Disabilities. The Bulgarian discussion is presented with a focus on the opinions submitted to the Constitutional Court related to the Case 10/2014 opened on the Application of the National Ombudsman claiming the Bulgarian regime of guardianship being against the Constitution. The submissions are critically examined against the key article 12 of the Convention setting out obligations of member states to recognize the equal legal capacity of people with psychosocial impairments and intellectual disabilities as well as the General Comment 1 of the UN Committee of the Rights of Persons with Disabilities. The Draft Law on Physical Persons and Measures of Support recently presented for discussion by the Ministry of Justice is briefly introduced.

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Правото на защита на пострадалия в наказателния процес

Author(s): Branimir Vasilev / Language(s): Bulgarian Issue: 3/2015

The current Criminal Procedure Code incorporates high standards that guarantee the rights of victims in a criminal process under articles 74 and 75. Nevertheless, the rights of victims throughout criminal proceedings do not extend to all of its stages and are almost completely excluded in summary and immediate trial proceedings under the Code. All legal provisions under articles 359 par. 3, 365 par. 4, 376 par. 4, 392 par. 4 and 371 par. 2, which reject the right of the victims to constitute as private accusers in the trial stage of the process and the exclusion of victims as parties to the agreements to dispose of the case in pre-trial proceedings, are not constitutional according to the practice of the Bulgarian Constitutional Court.

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ООН: ИСТОРИЧЕСКИ ТРАДИЦИИ И СЪВРЕМЕННО ПРАВО (международна научна конференция, посветена на 70-годишнината от създаването на ООН)

Author(s): Tsvetana Kamenova,Stefka Naumova,Nikolay A. Marin / Language(s): Bulgarian Issue: 3/2015

SCIENTIFIC LIFE

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Презгранична несъстоятелност – основни проблеми и някои предложения de lege ferenda с оглед на Модела-закон на УНСИТРАЛ за презграничната несъстоятелност

Author(s): Grigor Naydenov Grigorov / Language(s): Bulgarian Issue: 4/2015

The article analyses the cross-border consequences of an insolvency procedure. It is focused mainly on the legal rules concerning recognition of a foreign authority decision for opening of an insolvency procedure and its consequences on the territory of Bulgarian. Some insufficiency in the legislation arе highlighted with a view to the special features of the cross-border insolvency qualified as a civil case with international elements. Proposals de lege ferenda are made in the light of the UNCITRAL Model Law on Cross-Border Insolvency.

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Административният договор за предоставяне на безвъзмездна финансова помощ съгласно проекта на Закон за управление на средствата от европейските структурни и инвестиционни фондове

Author(s): Maria Kazandzhieva / Language(s): Bulgarian Issue: 4/2015

REVIEW OF LEGISLATION

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Избягване, установяване или плащане на данъчни задължения

Author(s): Pavel Gaydarov / Language(s): Bulgarian Issue: 2/2016

Avoiding determination or payment of tax liabilities is a common crime in modernlife. That leads to a significant endangerment of the fisc. This fact determines the significanceof this crime case and the need for an adequate legal framework.

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Европейски и конституционни аспекти на правомощията на собствениците

Author(s): Liuba Panaiotova-Chalakova / Language(s): Bulgarian Issue: 1/2017

The purpose of this paper is to examine the concept of property in a broader context than traditionally perceived in the Bulgarian Property Law literature. Constitutional and European dimensions have so far remained in the background, but in the modern world property is defended not only by civil law means, but is regarded as a problem in constitutional and European law practice of different courts. This global view may introduce the corresponding changes in the perception of this law and shaping its content; the big issue of human rights enters more noticeably in traditional domestic branches and affects more private law institutes. The analysis will help expand the horizon in terms of Property Law, as well as the moving away from the notion that it is subject to regulation primarily by domestic civil law.

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Приложимо право към формата и съдържанието на менителничните сделки

Author(s): Tsvetan Krumov / Language(s): Bulgarian Issue: 1/2017

This article represents a review of the Bulgarian statutory conflict of laws rule for determining the law governing the "form" and "content" (the formal validity) of negotiable instruments transactions. The special meaning of the terms "form" and "content" is analysed under the Bulgarian substantive law of negotiable instruments. This special meaning is compared to the broader meaning of these terms under Bulgarian civil law. Following that, a proposal is put forth as to the interpretation of the conflict of laws rule where these terms have in turn been used. The "place of signing" (being the general criterion for the determining the law applicable to the formal validity negotiable instruments) is analysed and is compared to other criteria used in other legal systems for the same purpose. The issue as to whether the parties may freely choose the applicable law is discussed in details.

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Относно действителността на прихващанията на вземания по влогове с вземания по кредити след поставянето на Корпоративна търговска банка под специален надзор

Author(s): Valery Dimitrov / Language(s): Bulgarian Issue: 1/2017

The article examines the issue with multitude of void offset statements exercised by creditors of Corporate Commercial Bank (CCB) during the so called “special supervision” regime enforced by the central bank (CB) in compliance with Credit Institutions Act (CIA). This regime basically changed the possibility for setting-off deposit claims with credit obligations to the bank due to special compulsory measure imposed. According to art. 116, par. 2, p. 2 of CIA this measure finds expression in a suspension of fulfillment of bank obligation. The suspension lasted more than for months, until the revokation of he CCB license by the CB. This measure being an administrative moratorium on CCB obligations has as a legal consequence stopping the possibility of deposit claims “becoming due”. This ban on deposits for becoming due means that these deposits are not fit instruments for valid setting-off. The requirements of art. 103 of Law on Contracts and Obligations for active claim have not been fulfilled. Due to this the sets-off must be treated as null and void and have to be attacked by the CCB receivers.

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Българското председателство на Съвета на ЕС в контекста на POST BREXIT

Author(s): Jasmine Popova / Language(s): Bulgarian Issue: 1/2017

The EU Council Presidency is one of the most important and substantial functions for each Member State by virtue of its appurtenance to the Union. It is an essential element of the legislative process in the EU, whereby, within a specified period of time, a Member State plays a role bigger than the other, and this process is spearheaded, coordinated and guided by its national administration. This article aims to present some issues, opportunities and challenges related to the preparation of Bulgaria for chairing the Council of the EU during the period January 1st – June 30th 2018, taking into consideration the decision of the United Kingdom to proceed to withdraw from the Union in accordance with the outcome of the EU membership Referendum of June 26th, 2016. The article systematically analyses the essential features of the EU Council Presidency, its basic functions, agenda and priorities, highlighting the leading role of the "Troika" in the whole process. Also analysed are the characteristics of the parliamentary dimension of the Presidency of the Council. Special attention is paid to the different risks and challenges both of internal or international nature facing the Bulgarian Presidency, including the forthcoming Brexit negotiation, expected to begin and to conclude during the mandate of the “Troika” of Estonia, Bulgaria and Austria.

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Законодателна компетентност на Европейския Съюз за хармонизация на законодателството на държавите-членки в областта на косвеното данъчно облагане

Author(s): Dimitrina Petrova / Language(s): Bulgarian Issue: XVI/2017

The Report contains legal analysis of the sources of legislative competence of the European Union in the field of indirect tax harmonization. It clarifies the specific provisions of sharedcompetence of the Union, as a source of legislative competence and the specific provisions laid down in Article 113 of the Treaty on the Functioning of the European Union.

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Отражение на членството на България в ЕС върху развитието на българското законодателство в областта на обществените поръчки

Author(s): Diana Dimitrova / Language(s): Bulgarian Issue: XVI/2017

The report researches the periodization in the development of the legislation in the area of public procurements in Bulgaria bearing in mind the pre-joining procedures and the realized membership of the country in the EU. Accent is put on the current normative regulation and the influence of the EU acts on the national legislation. On this basis the author makes conclusions and recommendations.

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РАЗВИТИЕТО НА ПОНЯТИЕТО ЗА ПРОТИВОПРАВНОСТ ПРИ НЕПОЗВОЛЕНО УВРЕЖДАНЕ

Author(s): Polya Goleva / Language(s): Bulgarian Issue: XVIII/2019

The article considers one of the most important elements of delict – unlawfulness. There are different attitudes about the unlawfulness of the delicts. Some authors think that it is impossible the notion to be definite. The article researches the unlawfulness in the light of the development of the legal regulations of the different arts of delicts, established by our law in the Obligation and Contract Act and in the other modern acts. The author makes the conclusion, that in our country the unlawfulness of the delicts is specified by narrow its volume and is connected with the break of nominated and exhaustive enumerated by the laws obligations of the responsible person.

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НОВ ВИД ОБЛИГАЦИОННИ ЗАДЪЛЖЕНИЯ В ДОГОВОРНОТО ПРАВО

Author(s): Polya Goleva / Language(s): Bulgarian Issue: XIX/2020

The information obligations have not been under discussion in the contract law up to now. For the first time this study puts under discussion the questions about the existence of such obligations, about their legal regulation, about the general rules, applicable to them, and about the legal spheres where they can be found. This study presents the information obligations in pre-contractual legal relations, the obligations of the doctor to inform the patient, the information obligations of the insurance brokers towards the insured persons, the information obligations in different types of consumer contracts, in insurance law and competition law, etc. The conclusion made is that these obligations are not explicitly arranged in private law and especially in the contract law, their legal nature is not clarified either in the legal theory or in the court practice, the legal consequences in case of violation of these obligations are not outlined. The author makes an attempt to set the beginning of a research of this new and very important type of private law obligations.

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ИСКОВИ ПРОИЗВОДСТВА ЗА ВРЕДИ ОТ НЕЗАКОНОСЪОБРАЗНА АДМИНИСТРАТИВНА ДЕЙНОСТ

Author(s): Vesselina Kanatova / Language(s): Bulgarian Issue: XIX/2020

The article deals with the questions connected with different court procedures on damage claims grounded in State and Municipal liability for damages act result of illegal acts of Bulgarian administrative bodies. The article designates the specific issues of the state liability including the issues connected with the new regulation of the court liability for violation of the European Union law.

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ПРЕСТЪПЛЕНИЕТО ГЕНОЦИД ПО БЪЛГАРСКОТО НАКАЗАТЕЛНО ПРАВО

Author(s): Ognian Velev / Language(s): Bulgarian Issue: XIX/2020

The article considers the crime of genocide under Bulgarian criminal law. The first legal definition of this crime was given in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. This definition is almost verbatim reproduced in art. 416 of the Bulgarian Penal Code. At the same time, it appears in the statutes of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, as well as in the Rome Statute of the International Criminal Court. This allows the jurisprudence of the international criminal courts related to genocide, as well as the doctrine studying the crime under International criminal law, to be integrated and used in the analysis of the crime under art. 416 of the Bulgarian Penal Code.

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ИСТОРИЧЕСКИ АНАЛИЗ НА ВРЪЗКАТА МЕЖДУ ДАНЪЧНОТО ОБЛАГАНЕ И ОБЩЕСТВЕНИТЕ ПРОЦЕСИ

Author(s): Ganeta Minkova / Language(s): Bulgarian Issue: XX/2021

The relationship between taxation and the political balance of power is very close because taxes are compulsory levies imposed by public authorities and have always played the role of a mechanism of state control. Taxes have been existing from the beginning of history, and the connection between sovereignty and taxation is ubiquitous. In every state, taxes are an expression of sovereign power with the ruling organ to tax the people. The power to tax, therefore, represents sovereignty of the state. The aim of this study is to research how the types до taxes and principles of taxation developed in the course of history and what are the reasons that made this development urgent.

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ЗАКОНОМЕРНОСТИ В РАЗВИТИЕТО НА КРИМИНАЛИСТИЧНАТА НАУКА

Author(s): Ivan Vidolov / Language(s): Bulgarian Issue: XX/2021

The subjects of the present study are the regularities of the emergence and development of Criminalistics. The author analyses the problem through scientific interpretation of the processes of origin of criminalistics knowledge, existing historical stages of its developing and the factors that determine their appearance and evolution. The results of the present study contribute to deepening the knowledge of the theoretical issues of criminalistics, the existing connections and shapes of interaction with other, related disciplines and its future development.

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ПРЕСТЪПЛЕНИЕТО ГЕНОЦИД ПО БЪЛГАРСКОТО НАКАЗАТЕЛНО ПРАВО

Author(s): Ognian Velev / Language(s): Bulgarian Issue: XX/2021

The article considers the crime of genocide under Bulgarian criminal law. The first legal definition of this crime was given in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. This definition is almost verbatim reproduced in art. 416 of the Bulgarian Penal Code. At the same time, it appears in the statutes of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, as well as in the Rome Statute of the International Criminal Court. This allows the jurisprudence of the international criminal courts related to genocide, as well as the doctrine studying the crime under International criminal law, to be integrated and used in the analysis of the crime under art. 416 of the Bulgarian Penal Code.

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АКТУАЛНИ ВЪПРОСИ НА ПРОЦЕСУАЛНАТА ЗАЩИТА НА СЛУЖИТЕЛИТЕ В МЕЖДУНАРОДНАТА ПУБЛИЧНА АДМИНИСТРАЦИЯ

Author(s): Anguel Gueorguiev Anastassov / Language(s): Bulgarian Issue: XXI/2022

The study analyzes the features of international public administration as a specific object of international administrative law. The procedural protection of international employees is examined through the lens of legal instruments for the protection of human rights. The role of international Administrative Tribunals is studied.

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