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Принципът на толерантността от гледна точка на политическата теория

Принципът на толерантността от гледна точка на политическата теория

Author(s): Dimitar Hanev / Language(s): Bulgarian Publication Year: 0

Though the idea of toleration can be found as a virtue still in the classical authors of antiquity, the real centering of this topic as part of the political, philosophical and legal discourse of modern societies dates back actually to the Protestant revolution and the followed-up religious and political conflicts in Europe. In such a way the debate about toleration spread mainly on the idea of the political compliance, which means nothing but co-existence of groups of people, professing different kinds of religious beliefs. In this context not less important should also be the problem of where the religious differences really end, and where the differences based on the ethnic and cultural affiliation start. But even extended in this way the problem of toleration seen solely as based on differences arose as a result of the socio-historical evolution of separate groups of people, turns out to be only a special case of a larger and more general principle. This principle, to some extent, determined the accepted and legitimate state of the liberal-democratic societies in our days.

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Право и литература

Право и литература

Author(s): Maria Kostova / Language(s): Bulgarian Publication Year: 0

The Roman Empire attached particular importance to the processes of forming a universal law that regulated the life of the entire empire. In this article, the main guidelines on which Roman law was built will be indicated.

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Електронна товарителница – цифрова революция при договора за превоз

Електронна товарителница – цифрова революция при договора за превоз

Author(s): Desimira Yurukova / Language(s): Bulgarian Publication Year: 0

The road freight transport takes a leading place in the constantly digitalizing world. The contract of carriage is regulated by the Convention on the Contract of Carriage in Road Freight Transport (CMR Convention). The Convention settles the CMR like a basic transport document. In 2008; an Additional Protocol was adopted; which allows the use of an electronic consignment note. The aim of this paper is to analyze the terms - CMR and e-CMR; to make a comparison between them and to analyse the use in practice in the transport law. It will be explored what are the advantages and disadvantages by using of the e-CMR; and in which Member States of the European Union it is already applicable.

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Предизвикателства пред индустриалните отношения в условията на дигитализация

Предизвикателства пред индустриалните отношения в условията на дигитализация

Author(s): Valeri Apostolov / Language(s): Bulgarian Publication Year: 0

From its inception to the present day, Industrial relations are constantly undergoing changes caused both by changes and the development of technology and the organization of work. The COVID-19 pandemic has accelerated the uptake and use of digitization opportunities even faster, covering almost all spheres of work. Digitization, on the one hand, creates opportunities related to the creation of new technologies and organizational processes, but on the other hand, in terms of employment, it creates uncertainty and a threat to rental capital, specifically in relation to the production, distribution and consumption of labor. The accelerated implementation of digitization is a challenge for industrial relations because it puts pressure on labor and places a number of priorities for resolution in the field of labor law, insurance and health and safety at work.

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Финансови измами и престъпления, извършвани с доходите на персонала от предприятията

Финансови измами и престъпления, извършвани с доходите на персонала от предприятията

Author(s): Maia Natchkova / Language(s): Bulgarian Publication Year: 0

This report highlights the financial frauds and crimes committed as a result of misappropriation of income of the staff. The objective of the report is to describe, characterise and analyze the main types of financial frauds and crimes related to material irregularities, deviations and non-conformities in income of the staff performed by the enterprises by presenting the specific approaches of the independent financial audit to the timely identification and prevention of such financial frauds and crimes. The object of this study refers to the main types of income of the staff -related financial frauds and crimes and the disclosure of such transactions in the enterprises’ financial statements. The subject of the study covers the analysis of the abilities of the certified public accountants – registered auditors who carry out independent financial audit to identify and prevent income of the staff -related financial frauds and crimes committed by the enterprises.

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За допустителството по ч 285 НК
4.50 €

За допустителството по ч 285 НК

Author(s): Darina Koseva / Language(s): Bulgarian Publication Year: 0

The review of the judicial practice under Art. 285 of the Criminal Code determines a conclusion of limited applicability of the provision regulating the allowance as a malfeasance, the latter regulated in Section II of Chapter VIII, Special Part of the Criminal Code. The difficulties in interpretation and application of Art. 285 of the Criminal Code are explained by the specific object of the crime, the peculiarities of the official capacity of the allower (an official under Art. 93(1a) of the Criminal Code, to whom officials and non-officials are subordinate), the characteristic connection of the committed crime with the service or work of an allowee, the absence of requirements regarding the allowee to possess an official capacity, the nature of subordination and the complexity of the ideas formed in the mind of the allower. Upon examination of the legal rule, the development of the regulation of the allowance has been traced since the establishment of its composition by the provision of Art. 441 of the Criminal Code (1896) to the current version of Art. 285 of the Criminal Code (1968). Conclusions regarding the need for the existence and improvement of the legal framework have been formulated and argued.

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Экономическая и коррупционная преступность: региональное состояние и особенности реализации уголовно-правовой и криминологической политики по противодействию им

Экономическая и коррупционная преступность: региональное состояние и особенности реализации уголовно-правовой и криминологической политики по противодействию им

Author(s): Nataliya Aleksandrovna Lopashenko / Language(s): Russian Publication Year: 0

The presentation of the text aims to draw attention to the state of economic and corruption crime in the Saratov region through the prism of criminal law and criminological policy to counteract these types of crime (levels of law-making and law enforcement), identify trends in this crime, its main causes and develop some measures to prevent it.

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Въпроси на сигналната и превантивна функция в наказателния процес

Въпроси на сигналната и превантивна функция в наказателния процес

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

The article examines in parallel some issues of signal and preventive function in the criminal procedure and their interconnectedness. The presentation analyses this relationship with a view to resolving a number of criminological aspects in criminal proceedings. Attention is drawn to a number of circumstances that create favorable conditions for the preparation and commission of socially dangerous acts, and emphasis should be analyzed (summarized, systematized and studied), as a result of which measures to ignore them should be identified in order to prevent crime.

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BEYOND THE SOFT LAW- HOW THE LEGISLATOR CAN RULE THE SOCIAL RESPONSIBILITY?

BEYOND THE SOFT LAW- HOW THE LEGISLATOR CAN RULE THE SOCIAL RESPONSIBILITY?

Author(s): Renier Steyn / Language(s): English Publication Year: 0

Values are often linked with nations or regions, and the relationship between values and behaviour is well established. Aim: The aim of the study is to provide a multi-dimensional description of economic values across several countries and to link these values with gross national income, a proxy to wealth. Method: Cross sectional country-level data on five economic values (from the World Values Survey) were related to GNI per capita data (from the World Bank). The relationship of each economic variable with GNI were calculated. Results: Compete data for 65 countries were available. The data revealed certain economic values (e.g., Private ownership being favoured above government ownership of business and industry) are significant predictors of GNI. Other economic values (e.g., Competition as being good or harmful) are not significant predictors of GNI. Discussion: Certain economic values are present in countries where levels of wealth is high. Formal or mainstream support for these values may contribute to wealth creation. Conclusion: Country-level wealth can be explained by differences in the economic values regarded in specific countries. Wealth may increase if these values are endorsed.

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How Can Open Data Help Banks Become Greener?

How Can Open Data Help Banks Become Greener?

Author(s): Virginia Zhelyazkova,Dafinka Lazarova / Language(s): English Publication Year: 0

This report summarizes the vital role of open banking in advancing environmental risk management and the green banking concept within the European financial landscape. The text delves into the evolving regulatory framework emphasizing sustainability and the pressure on financial institutions, particularly banks, to adapt to these changes. It discusses how banks are increasingly accountable for the environmental, social, and governance (ESG) performance of their lending portfolios and the challenges they face, especially regarding insufficient customer ESG data. The solution offered by open banking is highlighted, demonstrating its potential to bridge information gaps, thereby aiding banks in identifying and promoting 'green' activities and managing ESG risks effectively. The concept of a green bank is explored, defining it as an entity with a focused commitment to financing sustainable activities. The text finishes by highlighting the transformative potential of open banking in aligning bank operations with ESG goals, enhancing regulatory compliance, and fostering the development of environmentally friendly banking products and services.

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GOVERNMENT EXPENDITURE ON ENVIRONMENTAL PROTECTION AND ENVIRONMENTAL PERFORMANCE. EVIDENCE FROM EU COUNTRIES

GOVERNMENT EXPENDITURE ON ENVIRONMENTAL PROTECTION AND ENVIRONMENTAL PERFORMANCE. EVIDENCE FROM EU COUNTRIES

Author(s): Adina Dornean,Ada-Iuliana Popescu,Dumitru-Cristian Oanea / Language(s): English Publication Year: 0

During the last few years, environmental protection has become a much-debated topic at international, continental, and national level. The necessity of a green recovery is justified because such as COVID-19 virus had spread across borders, in the same way, the impact of climate change will be felt across the world. Thus, a green recovery is much needed based on policies that will simultaneously support economic recovery and environmental protection through investments in green projects. In this context, in December 2019, European Union (EU) launched the European Green Deal (EGD). In accordance with the EU’s environmental policies, one of the EGD goals is for Europe to become the world’s first ‘climate-neutral’ region, with net zero GHG emissions by 2050.As a result, every EU member state has to make efforts to first accomplish this objective at national level. In this article, we want to investigate if, at this time, the EU member states and their governments allocate more funds and spend more money for environmental protection. Furthermore, we will investigate if there is a correlation between the government expenditure on environmental protection and environmental performance, measured according to the environmental performance index (EPI). For this purpose, we will apply the sigma-convergence approach to highlight the evolution over time of the cross-national dispersion in environmental spending for the period 2012-2021. Also, we want to identify if there is correlation between governmental expenditure and EPI. The results show that countries with higher government expenditure on environmental protection recorded a higher environmental performance index (EPI).

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International Legal Assistancein Criminal Matters Relatingto the Investigation of Illegal Migration

International Legal Assistancein Criminal Matters Relatingto the Investigation of Illegal Migration

Author(s): Gina Aurora Necula,Dinu Ostavciuc / Language(s): English Publication Year: 0

This chapter, authored by Gina Aurora Necula and Dinu Ostavciuc, discusses the complexities and necessities of international legal assistance in criminal matters, particularly concerning the investigation of illegal migration. The authors emphasize the significance of cooperation between states and various international bodies to effectively combat the transnational nature of illegal migration crimes. The chapter highlights the challenges in defining and implementing legal assistance, the importance of procedural and operational collaboration, and the role of international conventions and agreements in facilitating these processes. The study also provides examples of successful joint investigation teams and operational cooperation that have led to the apprehension of criminals and the dismantling of illegal migration networks.

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Бежанската тежест върху България

Бежанската тежест върху България

Author(s): Atanas Pavlov / Language(s): Bulgarian Publication Year: 0

In the light of the refugee crisis from 2015, Bulgaria, along with other South-Eastern European countries, were regarded as transit countries by the refugees on their path toward to the countries of Central and Western Europe. This, to a certain extent, isolated it from the main refugee routes and limited the passage of illegal migrants through the country. In that sense, the aim of the report is by calculating three indicators based on the methodology of the United Nations High Commissioner for Refugees, measuring the refugee burden on the host country to prove the transit status of Bulgaria compared to other EU member states.

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Изявления на Европейския съюз в Организацията на обединените нации

Изявления на Европейския съюз в Организацията на обединените нации

Author(s): Marieta Rabohchiyska / Language(s): Bulgarian Publication Year: 0

The European Union received an “enhanced observer“ status at the United Nations General Assembly in 2011. This reflects the new legal situation after the entry into force of the Treaty of Lisbon and the fact that the cooperation between the UN and the EU is beneficial and covers all policy areas. The EU’s representation in international organizations is performed by various stakeholders. The day-to-day relations with the UN are coordinated by the Union’s delegation in New York. The most serious instrument of the Union in its capacity as an observer is the statements whereby the EU declares its foreign policy presence and seeks influence on the global stage of the UN. The Union is the political entity and one of the regional groups in the UN which, except the Security Council reform, makes statements on all topics on the UN agenda. Statements on its behalf are made in different ways and different forms depending on the nature of the issue at stake and on the level, but, regardless of the way and the number of possible “speakers“, the European Union has begun to express itself within the framework of the global forum of the United Nations with a coherent and recognizable voice. This study is based on a review and systematization of the latest oral and written statements at the UN with the main purpose of highlighting trends and analyzing their significance for the EU representation at the UN and for the Union’s foreign policy.

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Относно специалната закрила на труда на непълнолетните в областта на платения годишен отпуск

Относно специалната закрила на труда на непълнолетните в областта на платения годишен отпуск

Author(s): Iliyana Sabinova / Language(s): Bulgarian Publication Year: 0

In the present research the paid annual leave of the minor worker or employee is considered as a part of the special protection of the adolescent labour. The preconditions of the emergence of the right of paid annual leave, its duration, the different opinions expressed about its type and its use with priority in the summer have been analyzed. In relation to minors, a conclusion has been reached about the necessity of change of the legal requirement for minimum work experience as a condition for the use of paid annual leave.

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Правна същност и особености на консорциалните дългове при неправосубектния консорциум

Правна същност и особености на консорциалните дългове при неправосубектния консорциум

Author(s): Dimitar Atanasov / Language(s): Bulgarian Publication Year: 0

The following paper explores some of the legal aspects of consortial debts and obligations in the unincorporated consortium. The article proposes a definition of the term, outlines the main forms of consortial debt and obligations and examines their defining characteristics. Based on the typical interests and reasonable expectations of consortia creditors and the usual contractual practice a conclusion is made that in absence of agreement with the creditors to the contrary a joint and several obligation arises as a default rule and all consortia members are jointly and severally liable for damages in case of nonperformance that constitutes a breach of contract regardless of their personal fault. The paper furthermore outlines some of the defining characteristics of the consortial duty and standard of care which is reasonably expected from consortial members when fulfilling their obligations. In the concluding remarks the paper proposes a de lege ferenda default rule of joint and several liability of consortial members.

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По някои въпроси при смесените фактически състави на концесионните договори

По някои въпроси при смесените фактически състави на концесионните договори

Author(s): Katia Vladimirova / Language(s): Bulgarian Publication Year: 0

Concession relations arise and develop as a result of a complex factual composition, which consists of public law and private law elements. The emergence of concession relations is subject to public law. Concession contract execution, non-execution, consequences of such non-execution, penalties, damages, etc. such are subject to private law. The special nature of the concession contract, and more specifically its public law aspect, impose specifics when settling the disputes arising on the occasion of the execution, amendment and termination of these contracts and differences from classic civil and commercial contracts.

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За природата на легалните и научните определения на правните понятия

За природата на легалните и научните определения на правните понятия

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

The legal definitions of the legal terms are product of indepth scientific research, but therewith the legislator pursues not the disclosure of the essence of one or another legal phenomenon hidden from our everyday experience, but the formation of an effective and non401 contradictory normative system as his main goal. Therefore, they do not pursue a real scientific goal - revealing the objective truth about one or another phenomenon - but a legalnormative one. In contrast to the legal definitions, the veritable scientific definitions of the legal terms, which are formed on the plane of every single desacralizing theory of law, pursue a real scientific goal - to expose delusions, the fruit of objective illusions, and to reveal the hidden essence of the legal phenomena! While the legal definitions find their place primarily in a formally non-contradictory normative system, the definitions that do not serve normative needs, but own scientific needs, find their fundamental place in the system of the scientific knowledge. They are aimed at revealing the hidden essences of the phenomena, by overcoming the appearances and revealing the delusions formed by the objective illusions of the everyday consciousness. The real scientific definitions are formed with the methods of the paradoxical logic and reveal the internal contradiction of the legal phenomena.

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По някои въпроси за българското обичайно наследствено право

По някои въпроси за българското обичайно наследствено право

Author(s): Neli Radeva / Language(s): Bulgarian Publication Year: 0

Bulgarian common lawis an integral part of the history of the Bulgarian state and law. In the Middle Ages, a number of researchers of the problem assumed that inheritance in our country took place in a way that was regulated by the Croatian and Russian sources, namely, by custom, only the sons, not the daughters, of the testator inherited. This was also preserved in the years of Ottoman rule, when only sons and male descendants inherited. In most Bulgarian lands, daughters and female descendants did not inherit. They were entitled to receive clothing and a dowry. After the Inheritance Law of 1890 came into force in Bulgaria, daughters were given the right to inherit the property of their deceased father. Despite the right recognized by law, the people did not approve of this. The usual provisions governing the division of the father's property are also diverse.

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Правото по чл. 5 § 1, б. ,,с“ от Европейската конвенция за защита правата на човека

Правото по чл. 5 § 1, б. ,,с“ от Европейската конвенция за защита правата на човека

Author(s): Adelina Hadjiyska / Language(s): Bulgarian Publication Year: 0

The report examines the right under Art. 5 § 1, b. "c" of the European Convention for the Protection of Human Rights and the provided procedural guarantees to ensure "timely" and "automatic" judicial control under Art. 5 § 4 ECHR. As a result of the review of key decisions of the ECHR, the grounds for imprisonment under Art. 5 § 1 b "c". Attention has been drawn to the fact that whenever it concerns deprivation of liberty under Art. 5, item 1, b "c", at the national level, the relevant state should have provided for guarantees under Art. 5 § 4 of the Convention. This is so because the main purpose of Art. 5 § 3 of the ECHR is the creation of a balance between the public interest in the prosecution of a crime (even if only in the presence of a reasonable suspicion) and the protection of the personal freedom that every citizen possesses from arbitrary actions of state authorities.

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