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ОСОБЕНОСТИ НА РАБОТНОТО ВРЕМЕ В СУХОПЪТНИЯ И ВЪЗДУШНИЯ ТРАНСПОРТ СЪГЛАСНО ДЕЙСТВАЩОТО БЪЛГАРСКО ЗАКОНОДАТЕЛСТВО

Author(s): Natalia Kirova / Language(s): Bulgarian Publication Year: 0

The following article aims to provide a current legal analysis of the legal framework regulating the working time of the employees in the field of rail, land and air transport. Furthermore the article includes legal comparative research of the special regulations compared to the general regulation of the institute. Conclusions, which are applicable both theoretically and practically, are drawn upon the presented legal analysis and also recommendations are made towards the improvement of the legal norms, regulating the matter.

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ОТГРАНИЧЕНИЕ НА ДОГОВОРА ЗА ПОТРЕБИТЕЛСКИ КРЕДИТ ОТ ДОГОВОРА ЗА БАНКОВ КРЕДИТ

Author(s): Petya Stoyanova / Language(s): Bulgarian Publication Year: 0

In the report the distinction of consumer credit contract from the banking credit contract with view to the characteristic similarities and differences for both contracts is made.

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СРАВНИТЕЛНОПРАВЕН АНАЛИЗ НА СТОПАНСКАТА НЕПОНОСИМОСТ И НЕПРЕОДОЛИМАТА СИЛА – СЪВРЕМЕНЕН ПОГЛЕД ВЪРХУ КЛАСИЧЕСКИ ПРОБЛЕМИ

Author(s): Violeta Vladova-Ivanova / Language(s): Bulgarian Publication Year: 0

The legal institutes of business frustration and force majeure are a corrective of one of the fundamental principles of contract law – the principle of binding force of the contract. The purpose of this report is to look at them for comparison. The comparative legal analysis is carried out at several levels: in retrospect, in comparison with foreign legislative decisions and from a point of view of the current legislation in the Commercial Act. On this basis conclusions are made regarding the need for corrective legislative intervention in their legislation.

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МЕЖДУНАРОДНИЯТ ПОДХОД В РЕГЛАМЕНТАЦИЯТА НА НЕПРЕОДОЛИМАТА СИЛА КАТО МОДЕЛ ЗА ЗАКОНОДАТЕЛНА ПРОМЯНА

Author(s): Violeta Vladova-Ivanova / Language(s): Bulgarian Publication Year: 0

The report examines the regulation of force majeure in certain international instruments, in the context of the judgement of this regulation as a possible model for a legislative change. A subject to analysis are the provisions of CISG, UNIDROIT Principles 2016, PECL and DCFR 2008 concerning the qualifying signs and the consequences of force majeure. The new trends in the regulation of the legal institute are explored and a conclusion is made about a possible way for overcoming the weaknesses in the Bulgarian regulation of force majeure.

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ВЪЗНИКВАНЕ И РАЗВИТИЕ НА СТОПАНСКАТА НЕПОНОСИМОСТ В ДРЕВНОСТТА

Author(s): Ivaylo Ikonomov / Language(s): Bulgarian Publication Year: 0

Analyzed in the report is the emergence of the philosophical and legal ideas that underpin the modern institute of impracticability. Their development in ancient times is followed, while compared with modern Bulgarian law. The aim of this study is to improve the understanding and refine the application of the institute of impracticability through an in-depth analysis of its roots.

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ИСТОРИЧЕСКИ АСПЕКТИ В ПРАВНАТА УРЕДБА НА УПРАВИТЕЛЯ НА ДРУЖЕСТВОТО С ОГРАНИЧЕНА ОТГОВОРНОСТ – СРАВНИТЕЛНОПРАВЕН АНАЛИЗ, ТЕНДЕНЦИИ И ПЕРСПЕКТИВИ

Author(s): Milena Tsvetkovska / Language(s): Bulgarian Publication Year: 0

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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Смисао и циљ става о поштовању "територијалног интегритета Косова" у извештају Европске комисије о напретку Србије за 2012. годину

Author(s): Sava Aksić / Language(s): Serbian Publication Year: 0

In its annual report on Serbian progress in the process of integration into EU for the year 2012 the Europеan Commission asked from Serbia to respect ”territorial integrity of Kosovo” – southern Serbian province which has, contrary to international law, proclaimed its ”independence”. To ex-plain this kind of demand, the European Commissar has said that it doesn’t implicate any status of Kosovo, because the territory does not implicate that an entity has a character of the state. According to him, the aim is only to avoid division of Kosovo.But, every valid theory of state sees territory as the first condition for existence of a state. So, with regard to the valid theories of state, history and practice, it is impossible to draw any other conclusion other than that the existance of a state without territory is impossible.The only purpose of the European Commission's demand is to use Serbia's aspiration toward integration into European Union for Serbia's recognition of its own province as an independent state. Such demand of the European Union obviously shows that Serbia has no equal position in comparison to other states candidates for membership in the European Union.

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За някои конституционни аспекти на националното и държавното единство

Author(s): Blagoy Deliev / Language(s): Bulgarian Publication Year: 0

The Preamble of the Constitution of the Republic of Bulgaria commits awareness of the irrevocable duty to safeguard the national and state integrity of Bulgaria. This is the responsibility of the current, past and future members of the nation and their representatives. If this irrevocable duty is fulfilled, there would be constitutional order and irrevocable fundamental rights. The development of national and state integrity is in direct connection with the symbols and world of the individual. This must be reflected in the Constitution.

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Специална данъчна правосубектност

Author(s): Krasimir Mutafov / Language(s): Bulgarian Publication Year: 0

This report is dedicated to the issues connected to the special legal personality in the tax legislation of the Republic of Bulgaria, and it does not claim to be exhaustive. It shows an attempt of justifying the theoretical structure for the presence of a special tax legal personality in this legal branch, and, most specifically, in the taxation under the Value Added Tax Act and the Excise Duties and Tax Warehouses Act. The opinion on the presence of such a legal personality is based on the constitutional character of the registration of these two normative acts, allowing the entities to participate as legally qualified subjects on this basis, only within a specific circle of tax legal relations.

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Роботизацията в областта на медицината: предизвикателствата на технологичния напредък

Author(s): Momchil Mavrov / Language(s): Bulgarian Publication Year: 0

The progressive development of modern science and technology has led to substantial changes in the development of human beings. One of the brightest examples of these changes is the widespread use of information and communication technologies and the growing tendency to integrate robotic applications into different sectors of public life, particularly in the field of medicine and health. Robotic technology and artificial intelligence are increasingly discussed topics at international science seminars, and governments of countries such as the United States,Japan, China and the larger countries of the European continent encourage the development of medical robotics and devote increasing resources to inventions and innovations in the field.. This trend is strongly influenced by the current challenges facing health systems such as, for example:shortage of skilled workers, population aging globally, the growth of chronic diseases, the increasing cost of medical care. These negative factors require innovative and adequate solutions to ensure, on the one hand, sustainable and stable health systems and, on the other hand, to guarantee the quality of medical care to the population.

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Правни проблеми на спешната медицинска помощ в Република България

Author(s): Antonia Ilieva / Language(s): Bulgarian Publication Year: 0

In today's society, the concept of health care is based on the priority of medical diagnostic practices, which are oriented mainly to the prevention and prophylaxis of public health.Such priority is logical, given the practical and legislative experience gained, in the period of reforming the health system. The final estimate of each medical intervention performed on the patient is directly related to his / her current state of health. In this sense, in recent years, emergency medical care has emerged as the most problematic unit in the healthcare structure. The purpose of this review is to analyze and summarize the practical and legal problems encountered in the field and in the provision of emergency medical care, as well as to propose relevant solutions for their gradual resolution.

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Административен контрол по устройство на територията и строителството

Author(s): Boyan Todorov Georgiev / Language(s): Bulgarian Publication Year: 0

Administrative control is exercised by organs that is involved organizationally in the executive power system. A special case is observed in the field of territorial and spatial planning– all forms of administrative control occur without exception. In general, the control powers of the administrative organs for spatial planning and construction are in three directions: І. Undertaking measures to prevent the illegal construction and elimination of its consequences; II. Exercising control over the legality and expediency of administrative acts, actions and in actions in the field of spatial planning and construction; III. Investigation, inspection and registration of construction accidents and solving of technical disputes between the construction participants.

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Неосчетоводените фактури като основание за извършване на ревизия по чл. 122 от ДОПК

Author(s): Nedyalka Petrova / Language(s): Bulgarian Publication Year: 0

The purpose of this scientific study is to examine one of the most common reasons for conducting an audit in the special order of Art. 122, para. 1, item 2 of the TSSPC, in cases where the revenue authorities find evidence of concealed revenue or income, because the obliged party did not report in its accounting, invoices for delivery of goods related to its activities, issued in its name by its suppliers. The article analyzes the court practice and the practice of the NRA, discusses the most important and controversial issues related to the topic.

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Актуални въпроси в съдебната практика относно действие във времето на нормативните административни актове

Author(s): Elisaveta Paunova / Language(s): Bulgarian Publication Year: 0

The following research has the purpose to emphasize the importance of questions concerning retroactive effect of regulatory administrative acts in the light of a legal case with a significant concern for the lawful recruitment in the judicial system, more precisely in cases of promotion and displacement of judges, prosecutors and investigators.

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Кратък анализ по възобновяване на административнонаказателното производство след последните законодателни промени в ЗАНН

Author(s): Miglena Garkova / Language(s): Bulgarian Publication Year: 0

The study analyzes the resumption of administrative punitive proceedings following the latest legislative changes in the LAW. The comparative method used to analyze various theoretical concepts aims to justify the need to improve and modernize the legal framework regulating this extraordinary way of repealing the enacting penal decrees and decisions on their legality disputes as well as the position of the author on the legislative changes, including proposals de lege ferenda.

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Източници на съвременното българско наказатгелно право

Author(s): Daniela Doncheva / Language(s): Bulgarian Publication Year: 0

The article sees over with the theme of the sources of Bulgarian criminal law. Various types of sources are indicated, paying attention to the case law and in particular, to the interpreted Supreme Court of Cassation's judgements, which are giving a obligatory interpretation of criminal law norm.

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Оперативно-издирвателните мероприятия - правни диспропорции и парадокси

Author(s): Milen Ivanov / Language(s): Bulgarian Publication Year: 0

The report examines the current problems of legal regulation of the activities of the law enforcement authorities of Bulgaria, which are related to the prevention, detection and suppression of crime. Analyzed is the state of the legal framework and implementation in bylaws on various structures. A comparative analysis of the methods and means for carrying out the activities of the authorities was made and conclusions were drawn on the status and necessary changes in order to guarantee the rights and freedoms of citizens.

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Превишаване пределите на неизбежната отбрана

Author(s): Vanya Todorova / Language(s): Bulgarian Publication Year: 0

The regulation of the institute of inevitable defense in our legislation is clear and does not give rise to problems in its practical application. The diversity of the cases in which this institute applies determines their different solution. This is the reason the institute of inevitable defense to be formulated in general. This makes the boundaries of inevitable defense quite flexible,adaptable to the specific features of each case. The case law practice in criminal cases has shown that, having casuistic content the legal provisions would not achieve the targeted effect as they cannot cover all possible life hypotheses where the institute of inevitable defense applies. This is not the purpose of the law. This is the primary goal of the law enforcement authorities.

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Действия на защитника във връзка със споразумението в наказателния процес

Author(s): Vasil Kolev / Language(s): Bulgarian Publication Year: 0

The attorney's actions in relation to the plea bargain in criminal procedure have been examined, with an emphasis on the possible guidance which the attorney may provide to the accused party, both in the pre-trial and in the court trial phase of criminal procedure. The actions have been analysed through which a line of defense in relation to the prosecution can be developed, defending the interests of the accused party in the most efficient way and in the shortest possible terms.

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България и Обществото на народите

Author(s): Gergana Gozanska / Language(s): Bulgarian Publication Year: 0

This article follows the relations between Bulgaria and the international organization League of Nations, which was active in the period 1920-1946. A review of US President Woodrow Wilson's Peace Program is made, which was the basis for the organization's creation. The role of the League of Nations in resolving the Tarlis incident of 1924 and the Petrich incident of 1925 is discussed. The agreements between Bulgaria and Greece concluded with the support of the organization concerning the liquidation of the properties of emigrants as well as those of churches, monasteries, schools etc. are mentioned.

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