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In a constantly changing world, the need of reforming is becoming more and more an issue. As one of the leading international organizations, the UN needs to adapt to the international situation. United Nations Security Council as the main body should set the tone in this direction for the further functioning of the organization itself.
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In the text under analysis is the period of the establishment of totalitarian criminal law in Bulgaria following the takeover of 9th September 1944 until 1952 and the gradual transformation of the Bulgarian criminal law in a Soviet satellite.
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Subject-matter of analysis in the paper is the legal status of the Council for Electronic Media as state authority, which regulates the provision of media services on the territory of the Republic of Bulgaria. The issues are studied from the constitutional, administrative and labour law point of view.
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The article examines some new moments in the legal regulation of the Board of Trustees, which shall be established at every Higher School. Main role of the quality of the educational and research activity of the higher schools have their organs, through the exercise of their powers. Accent in the present article is put on the specifics of the Board of Trustees activity by examination of its interaction with the Academic Board. Сonclusions and summaries about the applicable legal regulation are made, actual questions are raised and some proposals for improvement of the legislative framework are made.
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Convention between Greece and Bulgaria Respecting Reciprocal Emigration signed in 1919 governs the right of emigration of the nationals of both states and their property rights as well as the property rights of churches, monasteries, schools, etc. united under the term "communities". This article focuses on the Advisory Opinion concerning the Greco-Bulgarian "Communities" of July 31, 1930 of the Permanent Court of International Justice. An overview of the advisory role of the Permanent Court of International Justice and of the main provisions of the Greco-Bulgarian Convention governing the liquidation of abandoned property in the territory of both countries is made. The attention is directed to the reasoning of the Advisory Opinion and the Court's answers to the questions raised regarding the liquidation of the properties of churches, monasteries, schools and others.
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The present article discusses the Advisory Opinion of March 8th, 1932 of the Permanent Court of International Justice on the interpretation of Caphandaris-Molloff Agreement signed by Bulgaria and Greece in 1927. A review is made of the advisory role of the Permanent Court of International Justice and of the circumstances, which led to the conclusion of this Agreement. The attention is directed to the reasoning of the Advisory Opinion and the Court's answers to the questions raised by the Council of the League of Nations on whether there is a dispute between Bulgaria and Greece within the meaning of Art. 8 of the Agreement and if there is what is the nature of the pecuniary obligation.
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The question of the compatibility of the Constitution of Bulgaria with the Rome Statute of the International Criminal Court (ICC) arises in two cases - with respect to Art. 25(4), banning the surrender of Bulgarian citizens to foreign states, and with respect to the immunities and privileges, granted to certain categories of civil servants. The former issue is the subject of the present study. The text of Art. 25(4) allows different interpretations. It bans “surrender” of Bulgarian citizens, but to a “foreign state”. This study outlines the differences between “surrender” to an international court and “extradition” to another state, as well as the different opinions as to whether the ICC is a “foreign” jurisdiction to the States Parties to the Statute. The practice of other countries, preparing for ratification, is also presented. The conclusion of the study is that, in spite of the different possible interpretations, the provision of Art. 25(4) of the Constitution should be construed in conformity with the Rome Statute. It may however be amended as part of a broader constitutional revision in order to highlight Bulgaria’s support to a progressive international organization such as the ICC.
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The article deals with the current application of the precarium in Spain. The Roman legal construction of granting property on a gratuitous basis until the owner of the right revokes it, has numerous applications both in the area of administrative and civil law. In Spain, similar to other European countries, the precarium is not regulated by law, however, the caselaw not only refers to this institution, but has even kept its Roman name –precarium. Despite that the precarium is acknowledged to have merged with the gratuitous loan contract (commodatum), in its postclassical roman variant the precarium has kept its vitality from the time of ancient Rome to the modern period.
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During the last twenty-one years in the Republic of Bulgaria the current system for protection of children at risk has been developing. The main purpose of the child protection system is to promote the full development of children, to protect and defend them from violations of their rights, and to help children who live outside their biological families to be reintegrated into them.
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The article focuses on the origin of the concept for the inheritance of debts. Its purpose is to discover the Roman roots of this responsibility, to argument their relationship with the Roman familia and to trace its development in the contemporary law. It is argumented that the responsibility of the heirs for the hereditary debts has arisen in Roman law and probably in an early stage of its development. Its origin is associated with the community between the members of the Roman familia in the rights and obligations and with the thesis for the continuation of the person of the deceased pater familias by his heirs. In classical Roman law, on this ground rises the concept for the universal succession, which is a specific for the modern law of the continental legal family.
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This article aims to explore the latest draft legislation of EU in the area of criminal investigation of cross-border crimes. The legal mechanisms in this field need to be in line with the progress in modern electronic technologies. Cyberspace is a favorable environment for the preparation and execution of numerous crimes of a cross-border nature due to the supranational coverage of Internet. Therefore, electronic networks and communication technologies could be a valuable source of information concerning the identity of the perpetrator of any type of offense, about his/her relationship with other persons, organizations and institutions and also to contain data on the preparation and/or the consequences of the criminal act. Such information relevant to the subject-matter of criminal proceedings may be revealed through the means of gathering of electronic evidence. In this regard, in April 2018, the European Commission proposed for discussion two new legal instruments regulating the use of a European Production Order and a European Preservation Order for electronic evidence in criminal matters within the EU.
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The issue of the connection between law and justice has historical, politological and purely legal and legal-philosophical aspects. The analysis of that relationship needs a philosophical and historical overview to be made, as well as to outline its contemporary aspects. The article is dedicated to the connection between justice and law in the context of the philosophical concept of fairness, equality and freedom. Philosophical-juridical discourse of justice brings forth the particular actuality of the topic given the context of the contemporary international standards and regulations that form the institutional frame of modern legal policy.
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The relations between the state and the religion have constantly being part of the development of the aggregate of state and society. Today, a new understanding of religion is observed under the conditions of the secularized governance of modern constitutional state. The article addresses the dual nature of the constitutional freedom of religion, which comprises, on the one hand, religion as part of the individual private sphere of the personality, inviolable to state interference (forum internum), and, on the other hand - the right to public expression and practice of religion in the social environment as well as through affiliation to religious organizations (forum externum), which is subject to certain restrictions in the presence of explicitly regulated constitutional grounds. A comparative constitutional law analysis is conducted of contemporary church-state relations in Europe and the USA. It is in this con- text that focus is brought to the place of the Bulgarian constitutional model of church-state relations.
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The recourse to third-party services for the development of trade and the expansion of the economy have a key place in Ancient Rome. Then, as in today's business case management, usually are used the services of all persons that are interested in the business. Most often, it was entrusted to the care of the sons or slaves, but sometimes it also asked the help of another free man or a slave who belongs to someone else. For this reason, it is quite natural to have claims relating precisely to this issue. Amongst them can be included actio institoria, actio exercitoria, actio quod iussu. The article deals with the "survival" of these claims and the responsibility for them in the modern law.
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The article explores the Modern Legal Positivism - one of the main strands of the Philosophy of Law. On the basis of the historical development (Early Legal Positivism, Normativism) and a comparative analysis (Natural Law Theory, Sociological Jurisprudence) the focus is on the three main features of the theory: primary and secondary rules, validity of legal norms and ,the open texture" of the legal texts.
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Terrorism is a global threat to which we should react on a local, national, european and world level in order to protect citizens’ safety and their social values namely freedom, democracy and human rights and to ensure observing international law. The war against terrorsm is a new kind of war waged by a new type of players with different methods and means of warfare.
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<p><em>Contemporary Law</em> Journal was established in 1991. It is published by the <em>Faculty of Law of Sofia University “St. Kliment Ohridski”</em>, which is the oldest, the largest and constantly being awarded the highest accreditation ratings Law faculty in Bulgaria. It is printed and distributed by <em>Sibi</em> Publishing House -- the only Bulgarian publishing house specialised in legal literature.</p> <p>The journal’s publications include academic, scientific-practical and other research papers by Bulgarian and foreign authors. It reflects achievements in all areas of law and its application – theory and history of the state and the legal systems, administrative law and administrative procedure, property law, civil procedure law, tax law, commercial law, constitutional law, criminal law, criminal procedure law, criminalistics, EU law, financial law, family law and law of succession, intellectual property law, international private law, international public law, labour law, law of obligations, Roman law, social security law; as well as reviews, information on academic forums, case law.</p> <p>The authors involve both respected academics and young researchers at the beginning of their careers. The published research papers cover Bulgarian law and the law of other states, of international organisations, the EU law. Its main headings are ‘Articles’, ‘Discussions’, ‘Foreign Experience’, ‘Improvement of Legislation’, ‘Young Contributors’ and others.</p> <p>Papers are published in Bulgarian with keywords and abstracts in English. Each issue provides basic information about the authors and their contact details.</p> <p>The journal has four issues per year.</p> <p>The Editorial Board members are prominent academics, promising younger specialists, legal practitioners. The international Editorial Board includes established academics from Germany, Portugal, Spain, the Republic of Northern Macedonia and Russia.</p>
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The concept of family has legal, sociological and psychological dimensions. The current report presents a legal and sociological analysis of marriage and family in evolutionary plan and in the context of the concept of gender equality and justice.
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