Запрещение и идентичност: философия по време на право

Author(s): Stoyan Stavru / Language(s): Bulgarian Issue: 3-4/2016

The article examines the philosophical and legal questions raised in connection with the proposed with Draft Natural Persons and Support Measures Bill change in the legal status of persons with intellectual disabilities and mental disorders. The “interests” and “presumable will” as leading criteria for preserving the identity and authenticity of persons placed under interdiction are opposed. Various approaches to identity and how to implement them in the context of the legal framework of incapacity are examined.

RECONSTRUCTION OF ZAKAT IN THE INDONESIAN LEGAL SYSTEM

Author(s): Ahmad Muhasim,Hirsanuddin Hirsanuddin,Hayyan ul Haq / Language(s): English Issue: 2/2019

This study aims to explore the anatomy of the implementation of zakat and to reconstruct and to find an appropriate model law of zakat in Indonesia. Zakat can be optimized in improving and creating public welfare. The detailed analysis focused on the potentials of zakat that can be developed and manifested. The development of zakat was based on the existing of the Indonesian positive law and Islamic Law. Therefore, this study first identified and interpreted the divine values (Ilahiah values) that sourced from Qur'an and hadith. It elaborated on the legal resources from ijtihad, the fatwa from various theologians (Islamic Scholars). This study also applied normative legal research for addressing the issues related to the reconstruction of zakat norms. Meanwhile, empirical research was used to address and ascertain the societies' respond to the zakat changes. In normative legal research, this work used statutory, conceptual and case approaches. Thus, this work offers a good model of zakat management, such as zakat for a profession, zakat from fisheries products and other yields of the sea. This also reformed the model of collecting and distributing zakat.

SOME ASPECTS THE RIGHT TO BE FORGOTTEN FROM THE PERSPECTIVE OF BALANCING THE FREEDOM OF EXPRESSION WITH THE RESPECT FOR PRIVATE LIFE IN THE ONLINE ENVIRONMENT

Author(s): Silviu Dorin Şchiopu / Language(s): English Issue: 1/2019

On 13 May 2014, by the judgment in Case C-131/12 - Google Spain and Google, the Court of Justice of the European Union has established a right to be digitally forgotten that can be exercised against the operator of a search engine independently of the success of any action directed against the publisher of the original web page. Therefore this short study aims to present the distinction between the right to have a link removed from a list of results displayed following a search made on the basis of a person’s name, on the one hand, and the right to have the data erased by the publisher of the web page containing information relating to that person, on the other hand. Since the right to privacy and the right to the protection of personal data are not absolute rights, but must be considered in relation to their function in society and be balanced against other fundamental rights, in accordance with the principle of proportionality, our analysis concerns precisely this balancing of the freedom of expression with the respect for private life in the online environment.

RADISLAV KRSTIC`S CASE AS AN EXAMPLE OF COMMANDER`S LIABILITY

Author(s): Katarzyna Czeszejko-Sochacka / Language(s): English Issue: 03/2020

The issue of the military order is a very complex one. When giving or executing an order, one should always take into account the necessity to make choices. The decisions taken may in the future imply criminal liability as a consequence of the order that is contrary to legal norms, or executing it. The purpose of the article is to present the problem of giving an order from the perspective of the crimes committed in the former Yugoslavia, with a detailed account of the R. Krstic’s case. The author tried to answer the questions: What is the scope of the commander's liability? Is he liable only for the orders he has given? Does this liability extend to the behavior of his subordinates as well? In the presented article an analysis of selected court cases important from the point of view of the problem of giving an order was carried out. For this purpose, the regulations of International Military Tribunal at Nuremberg were analyzed. Subsequently, an analysis of selected court cases being investigated under the jurisdiction of the International Criminal Tribunal for the Former Yugoslavia. In conclusion are indicated the regulations of International Criminal Tribunal for Rwanda and the regulations of the Rome Statute of the International Criminal Court.

Съветизация на българското наказателно-процесуало право (1944 – 1952 г.)

Author(s): Veselin Vuchkov / Language(s): Bulgarian Issue: 8/2018

In the text under analysis is the period of the establishment of totalitarian criminal law in Bulgaria following the takeover of 9th September 1944 until 1952 and the gradual transformation of the Bulgarian criminal law in a Soviet satellite.

Plagium и плагиатство в римското право

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 8/2018

The article presents the concept of plagium in two aspects. First of all, the crimen plagii, sanctioned by Lex Fabia during the Republic, is related to the abduction, detention, concealment, sale, exchange, etc. of ingenuus, libertinus or slave. The second part is dedicated to plagiarism as a crime in modern law, but it hadn’t the legal framework in ancient Rome. However, the wrongful appropriation and stealing and publication of another author’s thoughts, ideas, or expressions and the representation of them as one’s own original literarywork was morally reproved and, in some cases, treated as iniuria against the author.

On certain legal provisions from the point of view of the division between public and private law

Author(s): Mihaela Fodor / Language(s): English Issue: XVII/2019

Romanian law maintains the distinction between the branch of public law and the branch of private law. This article addresses this distinction between the two and analyzes, through this distinction, certain recent provisions of the Civil Code, the Civil Procedure Code and laws that have to do with the domain of contentious administrative law. The definition of the public legal person shall be analyzed, along with the procedural norms that refer to this category of persons. We will present observations that have to do with establishing distinct competences for the solving of litigation stemming from the same legal document: the administrative contract, respectively the competence of courts specializing in contentious administrative cases when it comes to litigation concerning the conclusion or nullity of said contract, and the competence of civil courts of law when it comes to litigation concerning the execution of said contract.

Regimul juridic al răspunderii pentru încălcarea normelor deontologice în activitatea de elaborare a tezelor de doctorat – între etica academică și provocările logicii

Author(s): Ionela Cuciureanu,Dragoș - Adrian Bantaș / Language(s): Romanian Issue: 14/2020

Undoubtedly, scientific research is one of the foundations of the intellectual development of a society. In its absence, human societies are rapidly losing touch with the latest developments in the field, entering a state of backwardness which, in the age of the information society, can only be a potentially fatal source of vulnerabilities. Given its importance, scientific research must be carried out in a framework characterized by strict compliance with ethical standards. On the other hand, however, these rules must be designed in such a way that they do not stand in the way of scientific development, do not become an obstacle to the honest researcher or offer detractors that any scientist will almost inevitably encounter arguments not from lack of honesty, but from the imperfect wording of the law. For this reason, in our approach we will try to highlight the main elements of the normative framework that regulates the responsibility for violating the ethical norms in the elaboration of doctoral theses, but also its possible imperfections, formulating, at the same time, a series of proposals for improvement.

Правна регулация на футбола – забрани и ограничения

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 1/2020

In the article under discussion is the administrative regulation of sports organizations and professional football clubs in Bulgaria. It analyses the legal regulation of sports hooliganism. Also presented are the types of measures and administrative penalties imposed as a result of sports bullying.

Имат ли човешки права футболните хулигани?

Author(s): Deyana Marcheva / Language(s): Bulgarian Issue: 1/2020

Human rights are the “last utopia” of our time that achieved contemporary prominence on the ruins of the last political utopias of twentieth century. All the international projects after World War 2 aspire to achieve a just balance between the basic individual rights and public interest. The human rights protection mechanisms introduce exceptions and qualifications to most of the human rights to allow for their restrictions proportional to the legitimate aims of the states. This article explores the human rights of the football hooligans starting with an analysis clarifying the historical, cultural and sociological aspects of the term “football hooligan”. Afterwards a detailed review of the case law of the European court of human rights is offered to reveal the status of the so called football hooligans as people whose basic rights could be restricted by the states upon wide discretion of the national authorities.

Конституционни измерения на обществения интерес, охраняван при упражняването на изпълнителната дейност

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 1/2020

The public interest in carrying out enforcement activities in a constitutional sense is to provide guarantees for compliance with the fundamental principles. In order to exercise the fundamental rights of citizens in the performance of their enforcement activities, the common interest can be formulated by imposing restrictions on them.

Ограничения на правото на свободно придвижване по време на извънредно положение заради пандемия, причинена от Sars-Cov-2

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 2/2020

The article analyzes the Bulgarian administrative legal framework on emergencies (state of emergency, crisis management and overcoming, emergency situation and emergency epidemic situation). It indicates the temporary restrictions of the right of free movement of the citizens provided in the legislation. The article discusses the competence of the central executive authorities, interdepartmental bodies and territorial authorities (regional governors and mayors) to deal with a pandemic. The article discusses also the legal basis and justifications for the introduction of the curfew by some of the regional governors and mayors during the state of emergency, caused by SARS-CoV-2 (COVID-19).

Защитата на личната неприкосновеност в условията на пандемията от Covid-19

Author(s): Denitza Toptchiyska / Language(s): Bulgarian Issue: 2/2020

During the pandemic of COVID-19 in April 2020 the Ministry of Health in Bulgaria began the administration of the Virusafe contact tracking application. With the Law on Emergency Measures and Actions, declared by a decision of the National Assembly of 13th March 2020 amendments to the Electronic Communications Act were adopted. The purpose of the legislative amendments was to provide access of the competent authorities to the localization data from the public electronic communication networks of the individuals, who have refused or do not fulfill the obligatory isolation or treatment under art. 61 of the Health Act. This publication aims to analyze the main features of mobile applications for tracking the contacts of infected persons, as well as the adopted legislative changes, comparing them with the standards of personal data protection provided in the EU General Data Protection Regulation 2016/679 and Directive 2002/58/EC on the right to privacy and electronic communications.

Семейноправни и вещноправни въпроси във връзка с обявеното в България извънредно положение (13.03.2020-13.05.2020)

Author(s): Tsvetalina Petkova / Language(s): Bulgarian Issue: 2/2020

The article analyzes some family law and property law questions, arising in connection with the declared state of emergency from 13.3.2020 to 13.5.2020 on the territory of the Republic of Bulgaria due to the epidemic of COVID-19. Answers are given to the following questions: can the court consider a divorce claim or an application for divorce by mutual consent during the state of emergency; whether it is possible to attain judicial protection in cases of domestic violence in the state of emergency and under what conditions; as well as whether the acquisitive prescription is suspended during that period of time.

Промени в правилата за държавните помощи в отговор на кризата в следствие разпространението на Covid-19

Author(s): Ginka Simeonova / Language(s): Bulgarian Issue: 2/2020

In these extraordinary times for the world’s economies, it is inevitable that Member States will support their economies in entire sectors and industries, including through public resources. However, this approach must be followed carefully, as such allocation of public resources in the form of state support is subject to strict state aid rules. The article examines the changes in the state aid regime that the economic consequences of the spread of COVID- 19 have imposed.

Едно интересно правно-историческо съчинение за бейрутската правна школа и нейното място за продължаване на римскоправната традиция в късната Античост и през Средновековието

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 2/2020

The review is dedicated to a new and analytical legal and historical study of Dr. Piotr Sadowski, professor of Roman law at the University of Opole, Poland for the Beirut Law School, its teachers, students and its significant place as one of the three imperial law schools (along with Rome and Constantinople), approved by the Emperor Justinian, as well as its place for the continuation of Roman tradition in late Antiquity and the Middle Ages.

Krzysztofa Pałeckiego „normatywizacyjna teoria władzy”

Author(s): Jerzy J. Wiatr / Language(s): Polish Issue: 2/2020

Към учението за недействителността на брака или още един поглед върху съотношението между понятията нищожен, унищожаем и несъществуващ брак

Author(s): Ekaterina Mateeva / Language(s): Bulgarian Issue: 9/2019

The present article is devoted to one of the namely the one concerning the legal notions of “void” and “inexistent” marriage and the correlation between them. From the perspective of legal history, the author traces the origin and the subsequent development of the different views upon these notions, expressed in the legal theory, initiating from the Roman private law until present day. This enables the conclusion that the issues on the precise legal qualifi cation of a marriage as “inexistent”, “void” and “voidable” one and on the exact litigious manner by which both the respective legal vice of the marriage and the legal consequences of such a marriage are resolved, is subjected to a great extent to the dominant legal views – religious (canonical) or secular, on the institute of marriage and marriage formation throughout the development of society.

Едно уникално сравнително-правно съчинение от Късната античност (Collatio legum Mosaicarum et Romanarum)

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 9/2019

The article presents some of the main problems related to the study of a unique comparative legal work from Late Antiquity – Comparison of the law of Moses and Roman law (Collatio legum Mosaicarum et Romanarum). The manuscripts in which it is contained, its structure and content are examined. The author's generalizations of existing theories about his origin, authorship and purposes of compilation have a particular importance. The author maintains that if the work was originally composed in the late 3rd and early 4th centuries and had a rather pragmatic focus on the application of offi cial Roman law among the Jewish communities, which had signifi cant privileges and jurisdiction, then more later, interpolations were introduced for apologetic purposes, which does not exclude its application in epicopalis audientia. The general conclusion point to the creation a Collatio by one or more erudite and good lawyers and religious scholars who have made a brilliant comparison of the law of Moses and Roman law to achieve not only the specifi c goals of its time, but also to present a universal importance of law and religion in the protection of man and his values.A Unique Comparative Legal Study From Late Antiquity (Collatio legum Mosaicarum et Romanarum).

Опит за една нова систематизация на учебната дисциплина, изучаваща административното материално право – специална част

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 9/2019

The article analyzes in historical context the systematization of the academic discipline, studying the administrative material law – special part. The author makes a new systematization of the course Special Administrative Law by using the three stateforming elements – population, territory, state power – as a distinguishing criterion. This new systematization if as follows: the Administrative law of citizens, the Administrative Territorial law, the Administrative Business law, the Administrative Non-profi t law.