Aktualizacja w dokumentacji Uzdrowiska Uniejów Analiza porównawcza operatów uzdrowiskowych z 2011 i 2023 roku

Author(s): Tadeusz Pupar / Language(s): Polish Issue: 13/2024

Health resort records are documents that define the rules for conducting medical activities. Created to obtain the status of a health resort, they contain essential information about natural resources, medical treatment directions, etc. The article uses a comparative analysis to compile documents prepared for the Uniejów municipality in 2011 and 2023, focusing primarily on legal and spatial updates.

Комплексно разрешително по чл. 117 от Закона за опазване на околната среда

Author(s): Dencho Slavov / Language(s): Bulgarian Issue: 2/2024

Activities in certain industrial sectors involve the use of installations which may affect environmental components, and there is therefore a need to monitor them. One of the means for this is the introduction of a permit regime for the construction and operation of new and the operation of existing installations and facilities for industrial activities, which are listed in Annex 4 to Article 117(4) of the Environmental Protection Act. The legal regulation of the integrated permit is in Chapter Seven of the Environmental Protection Act, entitled Prevention and Limitation of Industrial Pollution and in the Regulation on the Conditions and Procedure for Issuing Integrated Permits, adopted by the Decree No 238 of 2 October 2009. The systematic location of the regulation in Chapter 7 of the Environmental Protection Act leads to the conclusion that the issue of integrated permits under Article 117 of the Environmental Protection Act is an activity for the implementation of environmental protection policy, part of the management activity of the executive power for the prevention and limitation of industrial pollution.

Светослав Петров Велчев – Авторитетният и уважаван учен, съдия, прокурор и ръководител на Съюза на българските съдии (27 юни 1870 – 14 май 1943)

Author(s): Evgeni Yochev / Language(s): Bulgarian Issue: 1/2024

Svetoslav Velchev devoted 40 years of his life to the service of Bulgarian justice, seventeen of them as a prosecutor of a division and Chief Prosecutor at the Supreme Court of Cassation. For six years he headed the Supreme Administrative Court, where his impressive judicial career ended. The multifaceted and productive activity of Svetoslav Velchev as a prominent and reputable head of the Union of Bulgarian Judges is a convincing example of the fact that holding high positions in the judicial hierarchy is not an obstacle to dedicated and continuous work in the Union of Bulgarian Judges, but a matter of deliberate choice, of personal and professional commitment to the magistrates' community and to the justice in the country. It complements and enriches his biography as a scholar, Chief Prosecutor of the Supreme Court of Cassation and Chairman of the Supreme Administrative Court.

Обезщетение за вреди от клинични изпитвания на лекарствени продукти

Author(s): Radoslav Ivanov / Language(s): Bulgarian Issue: 1/2024

The subject of this article are fundamental questions concerning the compensation for damages suffered in the course of clinical trials of medicinal products. The legal basis for engaging the authority of the contracting authority and the principal investigator and the mandatory regime for the insurance of their liability are analyzed. The options available to participants in clinical trials for compensation for damages suffered by them have been examined. The entities responsible for the claim have been investigated.

Дължимата грижа при оказване на медицинска помощ

Author(s): Maria Sharkova / Language(s): Bulgarian Issue: 1/2024

The right to health and the right to life are among the fundamental human rights. That is why affecting physical or mental integrity or causing death during the provision of medical assistance are susceptible and topical topics for society. The injured patient has the right to seek compensation for the damages caused to him while providing medical assistance by engaging in civil liability – tortious or contractual – of the medical specialists and (or) the medical facility. In civil law, due care is essential in justifying civil liability. The article examines the problems in defining due care in medical care and defines the concept of “care of a good medical professional”. The discussion aims to address the issues in doctrine and practice regarding the “good medical professional” criteria while proposing specific solutions. The article discusses the role of evidence-based medicine and the importance of protocols (algorithms).

Актуални въпроси на касационното производство по данъчни дела - част I

Author(s): Ivan G. Stoyanov / Language(s): Bulgarian Issue: 3/2024

The judiciary is the guarantor not only of the rights of citizens (Article 56 Constitution of RB), but also of the dynamism in the development of the economy. Investments need efficient guarantees. The most frequent ground of cassation in the practice of the Supreme Administrative court in tax cases is incorrectness of the decision due to violation of substantive law (Article 209(3) of the Code of Administrative Procedure). The audit Instrument must be in accordance with the substantive law and its content. Otherwise, we say that it is affected by the defect of "substantive illegality".

Отмяна на влезли в сила съдебни актове по АПК

Author(s): Lyubomir Kyuchukov / Language(s): Bulgarian Issue: 3/2024

The present work aims to examine the procedure for the revocation of final judicial acts, regulated by Art. 237 et seq. of the Code of Administrative Procedure. Insofar as the historical development of the institute is linked to the analogous proceedings for revocation of final judgments under Art. 303 et seq. of the Code of Civil Procedure, a comparative analysis between the two will be made, with an emphasis on the administrative procedural annulment. Its characteristic features will be examined in detail – the exhaustively enumerated grounds for initiating the proceedings, its subject matter, the time limits within which it may be initiated, etc. Based on the analysis of the current legislation and the current case law of the Supreme Administrative Court, proposals de lege ferenda will be made for refining some of the provisions and their improvement.

Тълкувателно решение на Върховния административен съд № 3 от 11.04.2024 г.

Author(s): Author Non Specified / Language(s): Bulgarian Issue: 3/2024

Тълкувателно решение на Връховния административен съд № 4 от 11.06.2024 г.

Author(s): Author Non Specified / Language(s): Bulgarian Issue: 3/2024

Law and Freedom

Author(s): SONJA LAVAERT / Language(s): English Issue: 3/2024

In this article, the focus will first be on the distinction Spinoza makes in his Tractatus theologi-co-politicus on the different strivings of human beings and the two different conceptions of law —natural and ad arte—in relation to freedom. Proceeding from these distinctions and Spinoza’s objective with his philosophical enquiries, I will then consider whether a change occurs between the earlier TTP and the later unfinished Tractatus politicus. Both texts are marked by a naturalist turn, the indifference of religion, moral neutrality, the identification of right and power and the denial of natural hierarchy, but nonetheless one can also observe a change in the TP, where the naturalistic premise is more explicit, the human condition more on the forefront and the use of the concepts more precise; the ‘people’, for example, are replaced by the ‘multitude’. In search of sources and aspects for the naturalist turn and the specific conceptual evolution between the TTP and TP, we will consider the example of Machiavelli (and thereafter of Lucretius), De la Court’s notion of a free republic building on Machiavelli and the revolutionary ideas of Van den Enden aimed at improving on his predecessor. The different aspects linked to the use of the concept of multitude in the TP will then be analyzed in relation to the sources and aspects mentioned so as to return to the initial ques-tions concerning law and freedom

Case Study on the Effects of Constitutional Court Decision No. 51/2016 on Pending Proceedings

Author(s): Andrei Apostol / Language(s): Romanian Issue: 2/2023

The present work represents a critical analysis of a recent solution pronounced in judicial practice regarding the legality of the administration of evidence by the Romanian Intelligence Service. The recent judicial practice seems to establish the illegality of the administration of the evidence consisting in the technical supervision by other state bodies, the national courts pronouncing solutions to exclude the results of the technical supervision from the evidentiary material even in the situation where the procedure of the preliminary chamber was exceeded. On the other hand, there is also a minority practice of national courts that appreciates that the evidence administered by workers of the Romanian Intelligence Service before the publication in the Official Monitor of the Constitutional Court Decision no. 51/2016 is not subject to absolute nullity and cannot be excluded from the evidence. The minority practice of the courts is based on an interpretation of some paragraphs of the Decision of the Constitutional Court, according to which this decision would only apply in the future. Although this minority practice seemed to have become obsolete with the publication in the Official Monitor of the Decision of the Constitutional Court no. 26/2019, we note that in 2023 some courts still embrace it. We will demonstrate that this interpretation is not only wrong, but also contradicted by the practice of the constitutional court. From this perspective, the work has both academic and practical importance since the work is addressed both to legal practitioners and litigants who were the subject of technical supervision activity.

Letter of Guarantee versus Letter of Comfort

Author(s): Nora Daghie / Language(s): Romanian Issue: 2/2023

The Civil Code regulates for the first time the letter of guarantee among autonomous guarantees, alongside the letter of comfort. The creation of commercial practice and autonomous guarantees appeared and developed in the banking environment, from the need to secure credit but also for flexibility. From articles 2321-2322 of the Civil Code dedicated to these new guarantee instruments, we extract, to identify and distinguish them, at the same time, particularities embodied in legal characters and specific effects. After analyzing the common features of the two types of regulated autonomous guarantees, we note that the essence is the assumption by the issuer of their obligation, distinct from the pre-existing obligation relationship (guaranteed obligation relationship) between the officer and the beneficiary, in the case of the letter of guarantee, or between the debtor and creditor, in the case of the comfort letter. The independence and autonomy of the guarantee obligations are also confirmed by the fact that the issuer is expressly forbidden to oppose the creditor any defense or exception deriving from the pre-existing (guaranteed) obligation relationship. To recover what he paid, the issuer of the autonomous guarantee benefits from a personal appeal, which, as a rule, does not have a subrogative nature.

Решение на Съда на Европейския съюз от 15.06.2021 по дело C-190/20

Author(s): Author Non Specified / Language(s): Bulgarian Issue: 1/2024

Тълкувателно постановление на Върховния касационен и Върховния административен съд № 1/2024

Author(s): Author Non Specified / Language(s): Bulgarian Issue: 2/2024

Тълкувателно определение на Върховния касационен и Върховния административен съд № 2/2024

Author(s): Author Non Specified / Language(s): Bulgarian Issue: 2/2024

Тълкувателно решение № 1/2024 на Върховния административен съд

Author(s): Author Non Specified / Language(s): Bulgarian Issue: 2/2024

Тълкувателно решение № 2/2024 на Върховния административен съд

Author(s): Author Non Specified / Language(s): Bulgarian Issue: 2/2024

Преюдициално запитване до Съда на Европейския съюз от 18.12.2023 г. по адм. дело № 6275/2023 на Върховния административен съд

Author(s): Author Non Specified / Language(s): Bulgarian Issue: 2/2024

Преюдициално запитване до Съда на Европейския съюз от 27.03.2024 г. по адм. дело № 8791/2023 на Върховния административен съд

Author(s): Author Non Specified / Language(s): Bulgarian Issue: 2/2024

Указател на съдебните актове

Author(s): Author Non Specified / Language(s): Bulgarian Issue: 2/2024