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The report examines the work of the convicted to punishment by imprisonment persons in the Republic of Bulgaria, doing socially useful work. Accent in the exposition is put on the rights and obligations of the persons considering the specificities of the work, done by them.
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The subject of analysis in this article is the problem of consumer insolvency in Bulgaria, where the scientific interest is focused on the draft of the Personal Insolvency Act. Systematization is made of the legislative approaches adopted by the separate countries when regulating the problem of personal bankruptcy. Based on the scientific analysis it is determined that the most substantial significance in the special provisions related to the personal bankruptcy is the release of individuals from debts in future subject to specific legal preconditions. A critical scientific analysis of certain definitions in the draft is performed and suggestions are made for their improvement
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The report examines a number of current issues in the maritime freight legislation, in the light of the International Convention on the Unification of Certain Rules concerning Bill of Lading 1924 (also known as the Brussels Convention). The Republic of Bulgaria is not a party to the Convention, but has tacitly adopted its main provisions in its domestic legislation. In this regard, some convention expressions are critically analyzed and a fair debate is held with foreign authors on the subject.
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The report examines some current problems of insolvency proceedings in the context of the interpretative practice of the Supreme Constitutional Court of the Republic of Bulgaria, including through the prism of the International Private Law. The concepts of „insolvency“ and „over-indebtedness“ are critically analyzed and clarified. The lack of a substantive difference between them is justified.
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The research presents the legal framework of the insolvency proceedings of cross-border groups of companies under Regulation (EU) 2015/848 and examines how the European act fits into the national legal framework and affects the legal situation of the main actors in insolvency proceedings.
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The report examines the legal framework of mediation in Bulgaria and the current monitoring of legal changes in the national regulatory framework. The role of the mediator in the mediation procedure. The importance of this alternative method of out-of-court dispute resolution is clarified. Based on the information, conclusions, summaries and recommendations are provided.
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The development of digital communication and the existence of virtual life in parallel with the real, necessitate a rethinking of traditional institutions of law. Questions about what happens to all those digital rights of the individuals after their death arise. Could an object of inheritance be a social media profile, email or other digital content and is the judicial system prepared to meet the challenges of inheritance issues?
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This paper aims to introduce some controversial issues that the civil courts in the Republic of Bulgaria have faced regarding the protection of intellectual property rights over video games. This article will investigate the complex legal nature of these specific intellectual creations of the mind and will raise the question of co-authorship over a video game and/or its components.
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This paper aims to examine some court decisions of the administrative and penal courts in the Republic of Bulgaria regarding the legal protection of intellectual property rights over video games. This article will investigate the complex legal nature of these specific intellectual creations of the mind and will raise the question of their fair and lawful use.
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The Bulgarian legislation in force is governed by the logic that the main income sources of a working-age person shall be the incomes from labor activity. Upon loss of working capacity as a result of the occurrence of social security risk, the persons shall be entitled to social security payment replacing the lost labor incomes. In case the preconditions for social security payments are not met, it is possible for the social assistance system to be applied. The subject of the present study is to find out whether such “replacement incomes” are suitable to adequately replace the lost incomes of people, whose age (and the related changes in their health condition) do not allow to gain subsistence means against labor activity.
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The certain range of material and organizational goods, existentially indispensable to the individuals are reason to be objects of legal regulation. These goods are distributed according to the principle of „each one's own“, as law measures the limits of the permissible power over the good. This measurement has its own peculiarities when it comes to the study of labor as a benefit.
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The adoption of Regulation (EC) No 883/2004, which regulates the coordination of social security systems by the European Parliament and the Council, is in line with legally binding conventions, as well as recommendations for Member States concerning miscellaneous areas of Labour law adopted by the International Labour Organization and the tendencies for the development of social security. The regulation has been adopted in accordance with the provisions of article 25 of the Universal Declaration of Human Rights governing the right to social security as part of the right to a dignified standard of living, as well as article 9 of the International Covenant on Economic, Social and Cultural Rights, which establishes among fundamental human rights and the right to social security.
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The report provides an overview of some of the basics in Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009. Laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of Social security systems related to occupational injury benefits. Benefits in the case of accidents at work are considered as part of the social security system of the European Union(EU). The provisions considered, subject to the preconditions laid down therein, prevail over the rules of national law, of persons falling within the personal scope of the regulation.
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The paper examines the current legislative proposals for changes in the national regulation of the employment record book. The importance of this official document is clarified and the main directions in the proposed amendments to the regulations are analyzed. Based on the research, conclusions, summaries and recommendations are made.
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The research examines the institute of overtime in Bulgarian labor law in the context of the new social realities and the need to update it. On the basis of the analysis, proposals for improvement of the legislation and the broad applicability of overtime are substantiated.
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The aim of this paper is to clarify the basic principles and rules of the mechanism for payment of the compulsory health insurance activities and services included in the package of health activities covered by the budget of the health insurance authority. In that line, the paper outlines and summarizes the typical characteristics and features of this mechanism, as well as its respective shortcomings concerning the practice of providing health insurance.At the same time, the paper highlights some new regulatory decisions regarding specific hypotheses for payment of individual medical benefits - medicines and medical products, and those related to the administrative contracts between the NHIF and the medicines providers.
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The future of harmonization of social security systems is directly linked to the deepening of European integration and the convergence of social security models, with the realization of the concept that a functioning market economy and sustainable growth are only possible with a well-structured and structured social security system across the EU. flexible labor markets and mobile employment.
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The Limited Liability Company is one of the newer forms of a private equity business entity. Its foundations were laid in the beginning of 19 c., yet it still enjoys wide popularity to this day. The report examines the historical development of this particular type of companies and more specifically the matter of its management within the context of Bulgarian legislation and offers an analysis of the first Limited Liability Companies Act of 1924. Using the comparative method the author outlines some of the Act’s provisions that could be reflected in the currently applicable Commercial Code, to the purpose of supplementing and expanding the regulatory.
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The Limited Liability Company was originally the brainchild of German legal practitioners. Its initial regulation by the German LLC Act (GmbH Gesetz) dates back to 1892. Within the first fifty years following its adoption in Germany it was also regulated in the legislations of a number of European countries. However, Europe’s history in the 20 c. imposed multiple changes to the legal regulation of the LLC. This period sees the Law being constantly updated as to adequately meet the needs of society. The report focuses on some aspects of the management of the Limited Liability Company in Germany, France and Russia, with the intention to identify the necessary guidelines, as well as certain concrete proposals for improving the set of legal regulations in our domestic legislation.
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Who has turned 16 and has got married, can be registered as a sole trader as long as the latter in not under judicial disability and has a domicile in this country. Alongside with this abstract legal possibility, however, there are a number of legal problems and consequences, which are not explicitly envisaged by our legislation, just as there are no acts in the judicial practice to solve the legal status of the underaged trader.
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