Edukacyjne aspekty bezpieczeństwa nowych technologii komunikacyjnych dla małoletnich w świetle Strategii Unii Europejskiej na rzecz lepszego Internetu dla dzieci (2012).

Author(s): Katarzyna Badźmirowska – Masłowska / Language(s): Polish Issue: 3/2012

Technological changes in the field of communications services, determined by digitization and convergence processes have led to global changes in all spheres of life, forming the foundation of the information society, standing in front of important challenges in this rapidly growing area. Digitisation is approaching the base, transfer a variety of contents and forms, and distribution of audiovisual media and other services on – line - but none of these terms is not clearly defined, similar to the definition of the scope of the term electronic media. In the era of globalization, new technologies stimulates the development of all areas of life - from politics, economy, and the various aspects of social and cultural life, including education. The dynamics of technological is the main premiss of social communication paradigm change, making information society services a partof electronic communication network. The European Union provides the protection of minors [juveniles]. In that paper author discuss legal regulations and EU directives which are implementation of the European Strategy for a Better Internet for Children 2012.

ОТНОШЕНИЕ НА ЕКВИВАЛЕНТНОСТ НА ИЗБРАНИ ПОЛСКИ И БЪЛГАРСКИ ТЕРМИНИ В СЪДЕБНИ АКТОВЕ (ПО НАКАЗАТЕЛНИ ДЕЛА)

Author(s): Natalia Długosz / Language(s): English,Bulgarian,Polish Issue: XXXVII/2024

The article juxtaposes Polish and Bulgarian terms in terms of the names of courts, the names of court authorities, assistants, parties and other persons involved in the case in Polish and Bulgarian. The compilation of the juxtaposition made it possible to resolve what type of equivalence relations we are dealing with in the type of court records under study. To determine the type of equivalence relations between Polish and Bulgarian legal terms, I used the concept of denotative equivalence distinguished by Wolter Koller. Recognizing the types of equivalence relations is the starting point for considering the difficulties and translation strategies that the translator must undertake.

Четири възможни мерки за подобряване на медийната среда в България. Препоръки въз основа на научноизследователски проект за медийната система в България в светлината на европейския Закон за свободата на медиите

Author(s): Bissera Zankova,Ivo Indzhov / Language(s): Bulgarian Issue: 1/2023

The article presents an analysis of the possible solutions based on the European Media Freedom Act (EMFA) that would contribute to the improvement of the national media environment: a new media law in line with the adopted European Media Freedom Act; a new philosophy and design of the election of the Council for Electronic Media (CEM) members; a new model for public financing of the media – from state advertising, from European funds, from municipalities to the creation of a special portal to ensure transparency and good visualization of all its forms; setting up of a special fund to support quality journalism. The proposals build on report findings about the main problems in the Bulgarian media system without dealing with public media funding through state budget subsidies in particular.

Догматизъм и прагматизъм в теорията на българското финансово право

Author(s): Suleyman Bashov / Language(s): Bulgarian Issue: 1/2023

Financial legal science analyses the financial legislation. There-fore, giving a clear definition of its essence and scope is of primary importance for financial legal theory. Nevertheless, the legal literature in Bulgaria contains very controversial thesis in this fields. The present study arranges these theses in two main gropes, de-fined as dogmatic and pragmatic one. The first one describes the subject of financial law through legal features and concepts. In this way, financial law is revealed as a branch of the Bulgarian legal system, composed of specific financial legal norms. The dogmatic view on this matter refutes the pragmatists, who tend to include in the financial law many relations, regulated by the norms of different legal branches, if they are considered 􀁦financial􀁲 in the financial and economic literature. At the same time, the present study emphasizes the merits of the dogmatic approach and the necessity for its application in any legal analysis. The legal system of Bulgaria is structured by legal features, not by social, economic, Financial legal science analyses the financial legislation. There-fore, giving a clear definition of its essence and scope is of primary importance for financial legal theory. Nevertheless, the legal literature in Bulgaria contains very controversial thesis in this fields. The present study arranges these theses in two main gropes, de-fined as dogmatic and pragmatic one. The first one describes the subject of financial law through legal features and concepts. In this way, financial law is revealed as a branch of the Bulgarian legal system, composed of specific financial legal norms. The dogmatic view on this matter refutes the pragmatists, who tend to include in the financial law many relations, regulated by the norms of different legal branches, if they are considered 􀁦financial􀁲 in the financial and economic literature. At the same time, the present study emphasizes the merits of the dogmatic approach and the necessity for its application in any legal analysis. The legal system of Bulgaria is structured by legal features, not by social, economic, psychological, and other determinants. These features refer to the nature of the legal relationship and its content. And its content is predetermined by the position of the legal entities involved in it. The conclusion of the study is that financial law must be based on dogmatic approach and referred to relations, which have the legal quality of public finances. Financial law cannot be considered as a legal regime referring to the economic category “finance”. This category is extremely broad and often has an unspecified meaning scope. Moreover, it is regulated by the norms of different legal branches as civil, commercial, and administrative law.

Book Review: Eckart Brodermann, Unidroit Principles of International Commercial Contracts: an Article-by-Article Commentary, 2nd edition (Kluwer law International 2023)

Author(s): Velislava Hristova / Language(s): English Issue: 1/2023

Comparative Study of the Regulatory Framework of Environmental Education and Geography and Economics in Bulgaria

Author(s): Tsanko Stefanov / Language(s): English Issue: 1/2023

The article presents a comparative analysis of the regulations of two academic subjects. These are environmental education and geography and economics. There are similarities, but also differences that need to be accounted for.

НЯКОИ ДИАХРОНИЧНИ БЕЛЕЖКИ ЗА ОБХВАТА НА ГРЕШКАТА ПРИ НЕОСНОВАТЕЛНОТО ОБОГАТЯВАНЕ

Author(s): Pascal Pichonnaz / Language(s): Bulgarian Issue: 1/2024

This article addresses some issues relevant to the error viewed in the light of unjust enrichment. The particularities of the institute are analyzed in relation to the protection against unjust enrichment in both Roman and medieval law. Attention is paid to the influence of the Roman legal tradition in modern Swiss law.

РАЗМИСЛИ ЗА БИТИЕТО НА ПРАВОТО В ПАМЕТ НА МОЯ ПРЕКРАСЕН КОЛЕГА ТЕОДОР ПИПЕРКОВ

Author(s): Gabriel Gerez Kraemer / Language(s): Bulgarian Issue: 1/2024

Тhrough these lines the author, romanist and university professor, seeks to help understand what Law consists of. At the time, he seeks to pay tribute to his beloved bulgarian colleague Theodor Piperkov.

СИСТЕМА НА НАКАЗАНИЯТА В РИМСКОТО ПРАВО

Author(s): Silvia Stoyanova / Language(s): Bulgarian Issue: 1/2024

The article is devoted to the system of punishments in Roman law. Systematization of the most common and popular punishments. The Roman legal concept of punishment and one of the main principles in Roman law - Nullum crimen sine lege, nulla poena sine lege - are examined. Some basic criminal law institutes are also presented.

ПРОЦЕСУАЛНО ЗНАЧЕНИЕ НА ВПИСВАНЕТО НА ИСКОВИТЕ МОЛБИ ПО ЧЛ. 114 ЗС

Author(s): Kameliya Tsolova / Language(s): Bulgarian Issue: 1/2024

In Art. 114, para. 2 of the Ownership Act and in Art. 226, para. 3 of the Code of Civil Procedure, the relationship between the recording of complaints, on the one hand, and two procedural institutes - that of proceedings on complaints, and that of the transfer of interest after pendency, is regulated. The article examines the contradictory views advocated in theory and in practice regarding the interpretation and application of these provisions, as well as the existence of a relationship between them.

Европейски инициативи за насърчаване защита на правата на възрастните хора

Author(s): Evgeniya Bratoeva / Language(s): Bulgarian Issue: 3/2023

The report focuses on the extremely topical problem for all European countries - the aging of the population with the resulting socio-economic consequences. The data presented by European statistical services show negative trends in all aspects of the quality of life of the elderly European population. The priority areas in which reforms need to be carried out, as well as the specific measures foreseen for them, are reviewed. The conclusions of a study conducted regarding the social protection of the elderly in Bulgaria against the background of the general European situation are presented.

„Zazielenianie” prawa cywilnego – ochrona dóbr osobistych a zielony konstytucjonalizm i prawa środowiskowe

Author(s): Karolina Karpus / Language(s): Polish Issue: 1/2024

The concept of environmental constitutionalism, describing the state’s duty to protect the environment correlated with the rights of individuals, may be used to characterise the relations between environmental protection and the socio-political system of a modern democratic state in the era of the transformation towards sustainable development. The state’s legal system cannot be neutral in that regard. It is particularly important in case of the challenges resulting from Poland’s international and EU law obligations, especially under the Aarhus Convention and human rights law. On this basis, it can be claimed that environmental protection as a duty of the state is a “positive obligation”, in light of which the possibility to exercise rights by individuals may be assessed, including environmental ones (substantive and procedural). When the state fails to fulfil the duty to create the necessary legal framework and to secure its effective enforcement, it may result in the exposure of the members of the public to the degraded environment (e.g., to the ambient air of a bad quality, i.e. smog). Thus, they should be able to rely on international and EU law guarantees while seeking legal remedies, including civil lawsuits. In such a context, the 2021 Supreme Court resolution in case III CZP 27/20 illustrates the actual degree of “greening” the concept of private interests in Polish law. The article aims to present the environmental law’s perspective and evaluate the relevant argumentation visible in the SC’s reasoning and the glossators’ commentaries. The findings can be used to support the thesis that any constructive debate about “greening” Article 23–24 of the Civil Code requires an interdisciplinary approach.

Legal means of protection against abuse of the right of public participation in the decision-making process in environmental matters – current situation in the Slovak Republic

Author(s): Soňa Košičiarová / Language(s): English Issue: 1/2024

The Aarhus Convention guarantees several procedural rights which the concerned public can actively use as long as it is involved in the environmental impact assessment procedure. This international treaty assumes that the affected public uses its procedural rights with the intention of ensuring the protection of the environment. In practice, however, this may not be the case. Using a specific example from Slovakia, the author points to a case where there was a suspicion that a non-governmental organization was using its subjective rights pursuing a goal other than it is required by the Aarhus Convention. The administrative authorities believed that such behavior could be an abuse of the procedural rights guaranteed by the Convention and therefore they sought legal tools within the administrative law, the use of which would not be in conflict with the Aarhus Convention. This article addresses the issue of legal limits that prevent parties from restricting the procedural rights of the concerned public guaranteed by the Aarhus Convention.

Konwencja z Aarhus jako przedmiot i wzorzec hierarchicznej kontroli norm

Author(s): Michał Łyszkowski / Language(s): Polish Issue: 1/2024

The Aarhus Convention is an international agreement ratified by Poland, the essence of which is the obligation of the parties to introduce into the national legal order solutions guaranteeing access to information relating to the environment, public participation in decision-making processes affecting the state and level of the environmental protection and access to justice in these matters. The powers under the Aarhus Convention, despite its legal rank higher than that of a law, are not used in practice due to the lack of self-enforcement of the Convention. The author’s intention is to indicate potential possibilities of taking its provisions into account in the process of law application by administrative courts and in the process of hierarchical control of norms by the Constitutional Court.

Rozwiązania penalne w polskich, czeskich i słowackich przepisach o dostępie do informacji o środowisku

Author(s): Wojciech Radecki / Language(s): Polish Issue: 1/2024

The subject of this paper are penal solutions – embracing liability for offences, petty offences and administrative infringements – that may be used in the cases of violation of provisions on access to the environmental information under the Polish, Czech and Slovak law. First, the article’s author uses the comparative approach to analyse the development of the right to environmental information in these three legal systems. Then, he searches for answers to the question about the genesis, evolution and functioning of specific penal solutions aimed at behaviours that violate this subjective right of the members of the public, being one of the three pillars of public participation in environmental matters under the Aarhus Convention.

The Significance of Legal Knowledge and Education for Medical Professionals and Healthcare Providers

Author(s): Maria Neikova / Language(s): English Issue: 4s/2024

Legal knowledge and education are essential elements of medical and healthcare training. The importance of legal literacy for healthcare professionals, highlights how such education can enhance patient care, improve professional practice, and reduce legal risks.By reviewing recent updates and integrating the latest information, the article identifies key areas where legal knowledge is critical and suggests ways to incorporate legal education into medical and healthcare curricula.

Юридическото образование в България и възможните форми на практическо обучение

Author(s): Anna Cholakova / Language(s): Bulgarian Issue: 4s/2024

After a short introduction about the legal education in Bulgaria the author presents and analyses through her personal experience two forms of practical legal education applied for more than a decade in the Legal Faculty of Burgas Free University: the circle on civil and trade law and the Annual National Students’ Competition for solving of civil law cases.

Научно-образователен преглед на ускорения арбитраж в контекста на съвременните практики

Author(s): Emine Ilyaz / Language(s): Bulgarian Issue: 4s/2024

The length of trials before a national court and their high costs are two of the main reasons for the emergence of arbitration. Arbitration facilitates shorter and cheaper trials and enables the trial to be conducted by experts according to the will of the parties involved. This is why arbitration is extremely important in settling commercial disputes that can last for a long time. However, over time, due to the growing interest in arbitration and the nature of the disputes brought before arbitration, the processes began to take longer with high costs. To overcome this difficulty, the concept of fast-track arbitration with simplified procedures and fast conduct of the process emerged. This study will present a legal analysis of fast-track arbitration, advantages and disadvantages of expedited arbitration, will emphasize the distinctive properties of expedited arbitration, taking into account provisions in comparative law. Here, the perspective and general principles of expedited arbitration regulated by arbitral institutions in Europe, America and Asia will be explained in detail. Finally, the relationship between the general principles of arbitration and the suitability of fast track arbitration to those principles will be assessed.

Indywidualne oraz generalne aspekty prawa łaski w Polsce Ludowej w latach 1944–1956

Author(s): Jan Sobiech / Language(s): Polish Issue: 65/2024

Instytucja prawa łaski stanowi istotny przejaw ingerencji władzy wykonawczej lub ustawodawczej w funkcjonowanie władzy sądowniczej, przede wszystkim w postaci korygowania jej orzeczeń sądowych. W zależności od rodzaju reżimu i systemu politycznego stopień tej ingerencji jest zróżnicowany. Celem niniejszego artykułu jest ukazanie specyfiki funkcjonowania i stosowania prawa łaski w Polsce Ludowej doby stalinizmu (1944-1956). Zagadnienie to obejmuje bowiem zarówno kwestie dotyczące formalno-dogmatycznych aspektów ustrojowych i prawnokarnych łaski w ujęciu indywidualnym oraz generalnym, jak i przejawy ich stosowania przez władze komunistyczne. Zadaniem artykułu jest także przedstawienie rzeczywistego celu stosowania prawa łaski w tym okresie i zastanowienie się, czy instytucja ta miała głównie charakter prawno-karny, czy polityczny. Artykuł podzielony został na trzy zasadnicze części: prawo łaski w latach 1944–1952, prawo łaski na gruncie Konstytucji PRL z 1952 r. oraz procedura ułaskawieniowa na podstawie znowelizowanego k.p.k. z 1928 r. Poza rozważaniami teoretycznoprawnymi ukazane są praktyczne przejawy stosowania prawa łaski, a także istotne poglądy orzecznictwa i doktryny – zarówno na kwestie prawnokarne, jak i ustrojowe. W artykule przedstawiono i przeanalizowano najważniejsze akty prawne tamtej epoki dotyczące omawianej instytucji, a mianowicie: Mała Konstytucja z 1947 r., Konstytucja PRL z 1952 r., a także wielokrotnie nowelizowany kodeks postępowania karnego z 1928 r. Wzmiankowane zostają także kwestie dotyczące założeń, jak i funkcji aktów amnestyjnych, z których szerzej omówione zostają dwa najważniejsze: z 1945 r. i 1947 r.

Independent Fiscal Institutions as a Part of European Traditions

Author(s): Maciej Serowaniec / Language(s): English Issue: 1/2024

Fiscal councils are independent public institutions aiming to promote the sustainability of public finances through various functions, such as assessing budgetary plans and their implementation or preparing budgetary and macroeconomic forecasts. Thus, synthesising the attempts made in the literature to define the concept of independent fiscal institutions, it should be emphasised that by providing an independent, impartial and objective assessment of fiscal policy and performance, they promote sound fiscal decisions and sustainable public finances. Independent fiscal institutions also reduce information asymmetries and promote transparency in public finances, thereby raising the reputation and electoral costs for governments that pursue imprudent policies or breach key commitments. As such, they can support contemporary states in addressing the tendency to increase spending and deficits. To better understand the contemporary factual and normative state of the analysed dissertation topic, it is worth tracing, even in some summary, the process of emergence and the directions of development and evolution of independent fiscal institutions. Although independent fiscal institutions are relatively new bodies in the political architecture of the vast majority of the EU Member States, a small group of countries pioneered the creation of these institutions. It is necessary to trace the systemic solutions that have determined the legal and constitutional status of fiscal institutions in recent decades in order to understand the factors that have led to their reassessment.