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ОГРАНИЧЕНИЕ КОНКУРЕНЦИИ: МЕЖОТРАСЛЕВЫЕ СВЯЗИ УГОЛОВНОГО ПРАВА И ИНЫХ ПРАВОВЫХ ОБРАЗОВАНИЙ

Author(s): Mikhail Yuryevich Chelyshev,Maria Vcheslavovna Talan,Andrey Valeryevich Mikhailov / Language(s): Russian Issue: 6/2015

The paper discusses elements of a crime encroaching on the basics of free market, fair competition. The elements and features of this type of crime, as well as the practice of applying the above-stated norm, are analyzed. Current trends in the legal policy of foreign countries concerning the field of antitrust legislation are studied. The statistical data on accountability for crimes against competition in Russia are considered. Weaknesses are identified in the legal technique of criminal legislation regarding the relations associated with the activity of economic entities. The dependence of effective law enforcement for preventing, eliminating, and restricting competition on the commensurate and adequate correlation between the norms of civil, administrative, and criminal legislation is proved. The need to strengthen the cross-sectoral links of antitrust legislation is substantiated.

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ЖИЛИЩНОЕ ЗАКОНОДАТЕЛЬСТВО: ИСТОРИОГРАФИЧЕСКИЙ ОЧЕРК

Author(s): Valentina Dimitievna Ruzanova / Language(s): Russian Issue: 2/2016

The paper deals with issues related to identification of the causes of formation of independent legal regulation of the housing relations in Russia, description of the development of housing legislation, and influence of the doctrine on this process. During the post-revolutionary period, the burden of solving the housing problem was taken by the state, which is reflected in the regulations. The normative material was then intensely accumulated and served as the basis for further codification of housing legislation. Originally, the legislator demonstrated a comprehensive approach to the regulation of housing relations. Subsequently, however, the focus shifted mostly to the normalization of tenancy agreements in the codification acts of civil legislation. After having been established in 1977, the constitutional right of citizens to housing became a prerequisite for housing legislation. Thus, the basics of housing legislation and the Housing Codes of the Union Republics developed. During the period of transition to market relations in the housing area, normative legal acts were published. They were intended for the adaptation of the institutions of the Soviet housing legislation to the recent political and socio-economic conditions that were in effect until the adoption of the new Housing Code. It is emphasized in the paper that the historically doctrinal research in this area has been always directed at finding the most appropriate legal regulation of housing relations. The conclusion is made that the modern housing legislation is a stable complex array of regulations, having the ability to adapt to the changing political and socio-economic conditions.

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МЕСТО ДОГОВОРА ПРОКАТА В СИСТЕМЕ ГРАЖДАНСКО-ПРАВОВЫХ ДОГОВОРОВ

Author(s): Guzel Firdinatovna Nagumanova / Language(s): Russian Issue: 2/2016

The paper analyzes the place of hiring contracts in the system of civil law. The relevance of this problem is justified by the current situation in the system of civil law when the hiring contract can be concluded between economic entities and physical persons, thereby giving them identical legal status. We consider this situation as contradicting to the economic nature of relations between consumers. The aim of this research is to identify the correct place of hiring contracts in the system of civil law and, thus, to spot certain measures to be applied in order to ensure fulfillment of the liabilities of contractors, as well as to protect their rights. Attention is also paid to the specific rules of legal regulation of hiring contracts. The hiring contract is bilateral in its nature (since two sides take part in it), commutative (each side offers something to its partner), concensual (the contract is concluded when both sides reached their agreements), and public (the lessor cannot deny concluding a hiring contract if they possess the property to be rented). These properties of hiring contracts determine their consumer nature. The results obtained during the analysis allow making the following conclusions: the hiring contract should be exclusively consumer-oriented, being considered only as the contract between consumers and not providing any possibility to use a hiring property for entrepreneurial activities; the distinctive feature of the hiring contract is the impossibility of its prolongation, which ensures protection of the rights of consumers when the lessor aims to impose an extra period of rent.

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Търговско-правните институти през епохата на Българското възраждане – между традициите и модерността

Author(s): Ivan Roussev / Language(s): Bulgarian Issue: 1/2018

The paper presents the main commercial law institutes and their manifestation on the Bulgarian market in the second and third quarters of the nineteenth century – commercial companies, commercial courts, bankruptcy. They are regulated by the trade legislation and, in this sense, modernity is enshrined in them. Insofar as the modernity is difficult to break through and difficult to place in the oriental conditions of the region, these institutes acquire a specific local appearance that is subject of the analysis in the article. In these structures the modernity is combined with traditional stereotypes. In addition, there are phenomena that are contrary to the law and public morality: corrupt practices, the use of friendly and ties to provide a favorable outcome of a case, seeking legal information and specialized advice through informal contacts, pressure on the members of the trade court. Several key case studies have been considered in the paper and an attempt has been made to formulate hypotheses on the subject, both on the basis of own studies – already published and current, as well as on the basis of recently published contributions, mainly PhD theses. The present study revises the statement in the historiography that laws are adopted in the Ottoman Empire, but they remain “just on a book”, while reforms are formal and imposed “from above”. This statement is not true about the Commercial Law and the commercial law institutes.

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Отново по въпроса за правната уредба на маловажното нарушение на трудово законодателство

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian Issue: 2/2012

The subject-matter of this scientific analysis covers the up-to-date legal regulation of the penal-administrative liability for minor administrative violations of labour legislation (Article 415c of the Labour Code) following the most recent amendments of the Labour Code in January 201. The current legal regulation in this area is compared to the former one. The study contains comments on large number of courts judgments with the special emphasis put on the interpretative decision of the Supreme Administrative Court with regard both to its grounds and to its importance in the light of the most recent amendment of the Labour Code.

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Процедура по номинация на представител от квотата на държавния глава в СЕМ или зле организирано президентско шоу

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 2/2012

The article analyzes the requirements for the position "a member of CEM" from 1997 to 2012. It discusses the law enforcement by the presidential institution during that period and comments the first initiated in 2012 "a nomination procedure."

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Екологично законодателство. Екологични престъпления и новите промени в Наказателния кодекс

Author(s): Anastasia Ignatova,Stanislav Petkov / Language(s): Bulgarian Issue: 1/2011

In the evolution of legal protection of the environment we can distinguish two main historical periods. The first is that of the so-called Industrial Revolution from the beginning of the 19th century, and the second is the period of recovery after the Second World War, which lasted until the end of the seventies of the twentieth century. The relationship between economic development and the consumption of natural resources is very well known. It is also obvious that the more we develop the industry, trade and other economic sectors, the more resources are needed. Their systematic exhaustion and the imminent danger of permanent damage to nature are the reason for people around the world to think and take action. European countries are starting to create legislation aimed at protecting the environment, as we know it today at the beginning of the Industrial Revolution. These laws are part of civil and administrative law, their primary objective being to ensure the payment of satisfactory compensation in cases of pollution and to create a system for avoiding damage to the environment and protecting human health. At this early stage in the development of environmental law, it is not considered necessary to criminalize acts damaging to nature, as they themselves were not so prevalent.In the evolution of legal protection of the environment, we can distinguish two main historical periods. The first is that of the so-called Industrial Revolution from the beginning of the 19th century, and the second is the period of recovery after the Second World War, which lasted until the end of the seventies of the twentieth century. The relationship between economic development and the consumption of natural resources is well known. It is also obvious that the more we develop the industry, trade and other economic sectors, the more resources are needed. Their systematic exhaustion and the imminent danger of permanent damage to nature are the reason for people around the world to think and take action. European countries are starting to create legislation aimed at protecting the environment, as we know it today at the beginning of the Industrial Revolution. These laws are part of civil and administrative law, their primary objective being to ensure the payment of satisfactory compensation in cases of pollution and to create a system for avoiding damage to the environment and protecting human health. At this early stage in the development of environmental law, it is not considered necessary to criminalize acts damaging to nature, as they themselves were not so prevalent.

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Агенции на ЕС. Европейска агенция за безопасни и здравословни условия на труд

Author(s): Penka Mechkarska / Language(s): Bulgarian Issue: 2/2011

With the enlargement of the European Union, the constant improvement of safety and health at work is a key objective of European social and labor policy. Enabling the wide variety of occupational safety and health issues faced by Europe is not within the reach and competence of only one Member State or institution. This is the reason why the European Agency for Safety and Health at Work is set up. Its purpose is to bring together and share with its members a large base of knowledge and information on occupational safety and health issues, and in particular the good practices of preventive activities.

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Международните договори като част от вътрешното право

Author(s): Velislav Petrov / Language(s): Bulgarian Issue: 1-3/2007

International custom is defined as proof of the common a practice recognized as a right. States recognize certain practices as legally binding on his conduct. Customary international law occupies a considerable part of the normative fund of international law.

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Косвените данъци в Европа и в България. Данък добавена стойност

Author(s): Galina Kuncheva / Language(s): Bulgarian Issue: 1-3/2007

Over the centuries, countries have partially covered their costs by being taxed sales of goods. The ancient Romans had a common tax sales tax goods sold on the markets by auction. This one system extends to Egypt and France where sales taxation continued and applied after the fall of the Roman Empire.

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Хармонизация на българското законодателство съгласно директива 98/8/ЕС за пускане на пазара на биоцидни препарати

Author(s): Nikolai Petrov / Language(s): Bulgarian Issue: 1-3/2007

Undoubtedly, Bulgaria is on the verge of Europe in literal and figurative meaning. As is often the case, our native politicians are used to saying, “we never are were closer to Europe and to European values. " But Bulgaria's membership the European Union is proving to be a difficult and responsible task, and the requirements that our country needs to fulfill are proving to be more numerous than we expected.

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Отнемане в полза на държавата на имущество, придобито от престъпна дейност

Author(s): Stefka Popova / Language(s): Bulgarian Issue: 1-3/2007

The law is aimed at the intersection of opportunities for taking advantage of criminal activity and prevention the use of such benefits to commit new crimes or others offenses by creating the conditions and order for blocking and withdrawal in favor of the State of property acquired directly or indirectly by criminal activity. The law has been developed in accordance with the basic legal acts of the European Union Union in the fight against money laundering, with the recommendations of the International Group on Money Laundering combating money laundering, as well as the experience of Ireland, the Netherlands, Denmark, Austria and other countries, and is intended to achieve its objectives international exchange of information.

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Общи правила по възлагане на обществена поръчка. Оспорване. Контрол

Author(s): Teodora Popova / Language(s): Bulgarian Issue: 2/2005

The Public Procurement Law outlines the basic principles, rules and procedures for public procurement, as well as the control over the spending of public funds and the provision of up-to-date information on public procurement.

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Restructurarea serviciilor vamale în 2025 - digitalizare și reorganizare în contextul intrării României în Spațiul Schengen

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Restructurarea serviciilor vamale în 2025 - digitalizare și reorganizare în contextul intrării României în Spațiul Schengen

Author(s): Mihai Petre / Language(s): Romanian Issue: 1/2025

Romania is undergoing a radical transformation of its customs services, carried out under the Strategy for the Reform of the Romanian Customs Authority for the period 2022-2024. However, this reform will now continue from a new perspective—that of Romania's acceptance into the Schengen Area. The modernization and optimization of customs activities, which will have a direct impact on the national economy as well as on regional and European trade exchanges, will include the mandatory restructuring of border crossing points, as well as customs clearance and control procedures for goods transiting, entering, or leaving Romania. Beyond the objectives of advanced personnel training and equipping customs authorities with appropriate border surveillance tools, the key focus of this transformation should be the digitalization of processes and the implementation of solutions based on artificial intelligence (AI).

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Pecunia otiosa and a risky business plan of Pliny the Younger (ep. 10.54)

Author(s): Maciej Jońca / Language(s): English Issue: 51 (5)/2024

Two letters that have survived in a collection of correspondence between Pliny the Younger and Emperor Trajan constitute a fascinating source for the study of financial policies of the Roman state at the beginning of the second century AD. Pliny, as governor of the province of Bithynia and Pontus, sends a very unusual proposal to his emperor. He suggests that public money not invested in buying real estate be forcibly loaned to representatives of the local municipal elite (decurioni). Trajan, however, rejects this idea. So far, the imperial decision has been considered in legal terms (a loan is a contract and therefore both parties should reach an agreement that they intend to enter into it) and ethical terms (forcing citizens to take loans is not worthy of a just ruler). However, it turns out that Trajan may also have been motivated by other motives: he wanted to protect the market from being flooded with cheap money and inflation.

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Pecunia otiosa i ryzykowny plan biznesowy Pliniusza Młodszego (ep. 10.54)

Author(s): Maciej Jońca / Language(s): Polish Issue: 51 (5)/2024

Two letters that have survived in a collection of correspondence between Pliny the Younger and Emperor Trajan constitute a fascinating source for the study of the financial policies of the Roman state at the beginning of the second century AD. Pliny addresses his emperor as a governor of the provinces of Bithynia and Pontus with a very unusual proposal. He suggests that public money not invested in buying real estate be forcibly loaned to representatives of the local municipal elite (decurioni). Trajan, however, rejects this idea. So far, the imperial decision has been considered in legal terms (a loan is a contract and therefore both parties should reach an agreement that they intend to enter into it) and ethical terms (forcing citizens to take loans is not worthy of a just ruler). However, it turns out that Trajan may also have been motivated by other motives: he wanted to protect the market from a flood of cheap money and inflation.

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Finanse klimatyczne jako instrument realizacji prawa człowieka do bezpiecznego klimatu – podejście oparte na prawach człowieka z perspektywy finansów klimatycznych

Author(s): Iwona Wrońska,Maciej Nyka / Language(s): Polish Issue: 51 (5)/2024

Climate change poses significant threats not only to the environment, but also to human rights. Paradoxically, these threats may result from changes in climatic conditions themselves, but may also be a consequence of the use of measures aimed at protection against these changes. Providing appropriate financial resources is becoming a key instrument for mitigating and adapting to climate change. Climate measures and funds play an important role in implementing a human rights-based approach to climate change.

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Climate finance as an instrument to implement a man’s right to safe climate – a human rights-based approach from the perspective of climate finance

Author(s): Iwona Wrońska,Maciej Nyka / Language(s): English Issue: 51 (5)/2024

Climate change entails emergence of crucial threats, not only for the environment but also for human rights. Paradoxically, these threats may both result from the very changes in climatic conditions and be a consequence of employment of measures intended as protection against these changes. Ensuring adequate funds is becoming a key instrument in mitigating and adaptation to climate change. Climate resources and funds play an essential role in implementing a human rights-based approach to the climate change issue.

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CONSULTANȚĂ FISCALĂ - Aspecte fiscale și contabile asociate operațiunilor de reorganizare (IV). Transferul de activitate prin divizare – regimul contabil

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CONSULTANȚĂ FISCALĂ - Aspecte fiscale și contabile asociate operațiunilor de reorganizare (IV). Transferul de activitate prin divizare – regimul contabil

Author(s): Sorin Roman / Language(s): Romanian Issue: 4/2024

The accounting reflection of division operations is regulated by Order no. 897/2015 for the approval of the Methodological Norms regarding the accounting treatment of the main operations of merger, division, dissolution, and liquidation of companies, as well as the withdrawal or exclusion of certain associates from companies, a regulatory act issued under Article 35 paragraph (4) of Accounting Law no. 82/1991.

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THE IMPACT OF ADMINISTRATIVE AND LEGAL MECHANISMS ON THE STABILITY AND ADAPTATION OF THE FINANCIAL SYSTEMS OF EU COUNTRIES: A COMPARATIVE ANALYSIS OF POLAND AND BULGARIA

Author(s): Pawel Frankiewicz / Language(s): English Issue: 5/2024

This article examines how administrative and legal mechanisms influence the stability and adaptability of financial systems in European Union (EU) member states, through a comparative analysis of Poland and Bulgaria. Using a doctrinal and comparative legal research approach, it analyzes the role of supervisory institutions, financial legislation, EU law transposition, and national crisis-response strategies in shaping financial system resilience. Both qualitative and quantitative data – including macroeconomic indicators, legal frameworks, and case studies from the 2008 global financial crisis and the COVID-19 pandemic – are used to evaluate outcomes in Poland and Bulgaria. The study finds that Poland’s financial system has benefited from proactive supervision, a flexible monetary regime, and timely legal reforms, enabling it to avoid recession during the 2008 crisis and to weather COVID-19 with limited instability. Bulgaria’s financial system, in contrast, has faced greater volatility due to a rigid currency regime and past institutional weaknesses, suffering a sharp contraction in 2009 and a significant banking scandal in 2014. However, Bulgaria’s commitment to strict fiscal discipline and accelerated integration with EU mechanisms (such as Banking Union membership in 2020) has improved its adaptive capacity. The comparative analysis highlights best practices – including robust deposit insurance, coordinated financial oversight, and macroprudential safeguards – as well as legal gaps and challenges such as foreign-currency lending risks and cross-border supervisory coordination. It concludes with practical legal and policy recommendations to enhance financial stability and resilience in EU member states through strengthened governance, comprehensive regulatory frameworks, and adaptive crisis management mechanisms.

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