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Право на политическо мнение на гражданите

Author(s): Nataliya Kiselova / Language(s): Bulgarian Issue: 1/2017

The article presents the right of opinion as a prerequisite for the political freedom of the individual and as a necessary element of freedom. The right to political opinion is a basic political right of citizens. This rightis also fundamental for the implementation of every main political right - suffrage, the right to participate in surveys, the right of political assembly and association. A normative analysis of Art. 39-41 of the Constitution of the Republicof Bulgaria reveals that the right to political opinion has beed scrutinized in “horizontal” and in “vertical” plan.

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Европейската прокуратура и необходимите промени в българския Наказателен кодекс

Author(s): Galina Toneva / Language(s): Bulgarian Issue: 1/2017

The article named “The European Public Prosecutor’s Office and the necessary amendments in the Bulgarian penal code” offers ideas for legislative regulation of crimes affecting the financial interests of European Union within the competence of The European Public Prosecutor’s office in the context of the expected adoption of a Directive of the European Parlament and the Council on the fight against fraud to the Union’s financial interests by means of criminal law and its transposition into national law. First of all the article indicates the problems concerning the judicial reform in Republic of Bulgaria and their reflection in the state penal policy. On the second place the article outlines the specific problems in the fight against violations of EU financial interests, arising from the lack of an adequate legislative framework in the system of the Bulgarian penal code. On the next place the article offers specific legislative solutions to these problems de lege ferenda. Finally concrete conclusions for need of the legislative changes in the proposed sense are derived in the view of the declared willingness of Republic of Bulgaria to join the idea of establishment of European Public Prosecutor’s office.

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Координацията в държавното управление – юридическа характеристика

Author(s): Tsvetan Sivkov / Language(s): Bulgarian Issue: 2/2012

The present article deals with the coordination in the state governance. There is considered the issue of the difference between coordination and concordance in the executive power. The emphasis is on the principles of the coordination and its various types in modern society.

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Проблеми при съпоставяне на престъплението по чл. 255, ал. 1 предл. второ във вр. с т. 2 от НК с престъплението по чл. 313, ал. 2 от НК и смисъла от тяхното съвместно съществуване

Author(s): Veselin Kolev / Language(s): Bulgarian Issue: 2/2012

The article analyses the differences between the crime under art. 225, par. 1, second proposition, with the crime under art. 313, par. 2 of the Criminal Code (CC). Both crimes are compared by their direct object of crime and their objective characteristics. The article also contains analysis of the limited case law on the matter. On this basis the author justifies the thesis that the actual tax crime under art. 225, par. 1, first and second proposition of the CC encompasses the specific document crime under art. 313, par. 2 of the CC. According to him, this indicates the necessity of abolition of the crime under art. 313, par. 2 of the CC and unification of the legal regime of tax evasion which should be placed in the Crimes against the financial, tax and insurance systems section of the Criminal Code.

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Юридическите лица като субекти на административнонаказателна отговорност по ЗАНН и на гражданска конфискация по ЗОПДНПИ (ЗОПДИППД)

Author(s): Kapka Milchava / Language(s): Bulgarian Issue: 2/2012

The article examines the administrative liability and civil confiscation of assets of legal persons according to the law of Republic of Bulgaria. More specifically, a parallel is drawn between the two main acts of Parliament – Administrative Offences and Penalties Law and Law of Divestment in Favour of the State of Illegal Property (Law of Divestment in Favour of the State of Property Acquired from Criminal Activity). The positive and negatives aspects of the articles of the two laws are commented. The author studies the different regimes of the legal person’s property liability according to the legal systems of particular EU member-states as well as of the U.S.A. Conclusions are drawn and suggestions made de lege ferenda for improving the practical side of the legal base.

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Призоваване и съобщения в административния процес

Author(s): Doncho Hrusanov / Language(s): Bulgarian Issue: 1/2013

The suggested article reviews the issues related to the summons and official messages within the administrative proceedings - firstly, in the Administrative Procedure Code, then in the Administrative Violations and Sanctions Act and last, but not least - in the more special egislative acts. The article criticizes particular solutions to the issues in the acts and suggests possible improvements to them.

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Теоретична постановка на престъплението по чл. 255а от НК и някои проблеми по неговото пилагане в практиката

Author(s): Veselin Kolev / Language(s): Bulgarian Issue: 1/2013

The article attempts to analyse the objective and the subjective characteristics of the crime under art. 255a of the Criminal Code by examining both the regular and special provisions. The analysis differentiates between the crimes under art. 255a and art. 255 of the Criminal Code. It provides de lege ferenda proposals for improvement of the legal regime.

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Оспорването на решенията по чл. 21, ал. 1, т. 6 от Закона за местното самоуправлние и местна администрация за приемане и изменения на общенски бюджет и практиката на Върховния административен съд

Author(s): Yovka Drazheva / Language(s): Bulgarian Issue: 1/2013

The article analyses acts of the Municipal Council, specifically – the decision for adoption of the municipal budget. It deliberates on the legal nature of this type of act. It examines in detail contradictions in the case law on the matter and the problem of judicial control over the acts of municipal councils as bodies of local selfgovernance.

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Имуществената санкция по Закона за защита на конкуренцията

Author(s): Emilia Mitkova / Language(s): Bulgarian Issue: 1/2013

The article analysis an issue of significant practical importance - the monetary penalties imposed under the Protection of Competition Act. It examines in detail the contradictions in case law concerning this issue and the problem of the administrative jurisdictions which decide legal disputes and the particular legal nature of their acts.

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Новото законодателство за служителите в Република Македония

Author(s): Borče Davitkovski / Language(s): Bulgarian Issue: 1/2013

The Civil Service system in Macedonia, was formally constituted with the adoption and enactment of the Law on Civil Service in 2000. A flaw made that, was that it regulated the status of only a small margin of public sector employees: those employed in government agencies, ministries and units of local self government. Throughout 2010, the Law on Public Servants was enacted, attempting to regulate the status of the remaining public sector employees. This 10 year long run, on regulating the status of a large number of peoples status, with two separate Laws, proved to be erroneous. As the Law on Civil Servants saw 27 ammendments since its adoption till 2012, and the Law on Public Servants was succumbed to a number of Constitutional Court Decisions which rendered its text, virtually unusable. With goal, to remedy this situation, the competent Ministry for Information Society and Administration had prepared and published (11th of August 2012) the Law on Administration, whose current text shall be the subject of this papers analysis.

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Упълномощаване на защитник в наказателния процес

Author(s): Desislava Davidkova-Dimitrova / Language(s): Bulgarian Issue: 1/2013

This study is devoted to the actual precondition of the occurrence of a defence counsel thatparticipates through voluntary defence, namely authorization. In this regard, the contract for authorization, which precedes or accompanies the authorization deal, has been analyzed. Procedural conditions, that shall be met in order to accomplish the factual composition for constituting the defence counsel figure in criminal proceedings (the time for entering into the process and admission to participation allowed by the leading decision-making authority), have been examined as well for completeness.

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Публичният партньор в публично-частното партньорство според новия закон

Author(s): Galina Cherneva / Language(s): Bulgarian Issue: 1/2013

In this article, the concept “public partner” is investigated. This concept it used in the new Law for Public-private partnership. There are issues that refer to clauses about establishing and administrative potential of legal figure. It’s about the legal opportunity to do acts in law. The motions are made for exactness and lawmaking treaty, which will be introducing clearness about the competency on different subjects, which will be able to gain a property as “public partner”.

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Неправомерна държавна помощ

Author(s): Ginka Valerieva / Language(s): Bulgarian Issue: 1/2013

This paper aims to clarify the concept of “unlawful aid” in the context of the overall regime of state aid rules, taking into account the influence of illegal public support to free and fair competition. Therefore are considered and the process of recovery of unlawful State aid, the core competenciies of European Commission’s (EC) and the Member States in this area, discussed is part of European law, and the role of national courts in the case of unlawful aid and implementation of recovery decisions taken by the Commission.

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Адимистративнонаказателната дейност на Държавната комисия за енергийно и водно регулиране (ДКЕВР)

Author(s): Kapka Milcheva / Language(s): Bulgarian Issue: 1/2013

The article examines the administrative penal activity of SEWRC. More specifically are studied the negatives aspects of the proceedings guided by the administrative jurisdiction in the person of the commission chairman. The view is made of the legal base of the national energy regulators of some other EU member-states. The author pays attention to the withdrawing to license of energy undertakings as a result of committing administrative offences. Conclusions are drawn and suggestions made de lege ferenda for improving the practical side of the legal base.

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Приложение на медиацията в производството по несъстоятелност

Author(s): Yanka Tyankova / Language(s): Bulgarian Issue: 1/2012

The resent importance of this topic is determined by the requirements of the Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters towards the member states concerning the transposition of its provisions on international cases within specified term. The ultimate goal is to provide better access to justice as part of the EU policies for establishing an area of freedom, security and justice which should include access to both judicial and extrajudicial methods of dispute resolution. Successful use of mediation in insolvency proceedings as part of commercial cases is predetermined by the objectives set in art. 607 of the Commercial Code: fair compensation for the creditors and the possibility of recovery of the debtor. Mediation can be used successfully in different stages of the insolvency proceedings: submitting claims, decisions of the creditors committee, confirming a recovery plan, reaching an out-of-court agreement, etc. Without a doubt one of the most efficient uses of mediation is at the stages of drafting, proposing and confirming a recovery plan when the mediator acts as a third party – impartial and neutral figure, which can balance the interests of creditors and debtor. Mediation and other extrajudicial methods of dispute resolution are important tools in deciding civil and commercial cases the United States and many European countries. The ever growing number of international insolvency cases led to the adoption of the Council regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings.

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Медиация и другите алтернативни способи за доброволно разрешаване на спорове в гражданския процес

Author(s): Borislav Borisov / Language(s): Bulgarian Issue: 1/2012

The new Civil Procedure Code, enacted as of 01.03.2008, explicitly stipulates the regulation of mediation and other alternative methods of voluntary settlement of disputes in the field of civil procedure. For the first time in the procedural legislature of the Republic of Bulgaria, the court is assigned the procedural duty to advise the parties to consider mediation and other alternative methods of settling civil disputes, to explain the advantages of those methods in the general civil claim litigation and in some of the specialized claim actions. The author of the article assumes that the enhanced efficiency of mediation and the other alternative methods results from the more serious involvement and active cooperation of the court. Advising the parties to turn to out-of-court proceedings should become an important and obligatory phase of every civil case, a phase that should take place right after the positions of both parties have been clarified. The amendment of the Mediation Law that sets forth the enforceability of an agreement reached through this alternative method can be considered as an important manifestation of the mediation in civil procedure.

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Създава ли достатъчна гаранция за правото на справедлив процес възможността за възобновяване на наказателното дело, когато касационният съд е приложил закон за еднакво или по-леко наказуемо престъпление

Author(s): Georgi Mitov / Language(s): Bulgarian Issue: 1/2012

The article examines the 2011 amendment of art. 422, par. 1, item 1 of the Bulgarian Criminal Procedure Code (CPC) which provides the convict with the option to request reopening of the criminal case if it falls under art. 354, par. 2, item 2 of the CPC – when the court of cassation amends the sentence by applying the law on the same or milder punishable offence. This amendment was provoked by the European Court of Human Rights judgment on the Penev vs Bulgaria case where this particular power of the Supreme Court of Cassation is viewed as a violation of art.6, §3 (а) and (b) of the ECHR. By examining the essence and the particularities of the provisions of art. 354, par. 2, item 2 of the CPC, the case law of the court related to art.6, §3 (а) and (b) of the ECHR and its motivation in the Penev vs Bulgaria judgment, the author justifies the conclusion that introducing the option for reopening of the criminal proceedings by the convict’s request in cases under art. 354, par. 2, item 2 of the CPC is a positive amendment to the CPC but it does not provide sufficient guarantee for the defendant’s right of fair trial under art.6, §3 (а) and (b) of the ECHR.

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Бележки по един несбъднат законопроект или възможност за въвеждане на детски омбудсман в България

Author(s): Hristo Ormandzhiev / Language(s): Bulgarian Issue: 1/2012

The article has for its ground the implementation of the ombudsman in the Bulgarian legislation and also the experience for such implementation of the specialized ombudsman for protection of the child rights. It follows the content of the Project of the Ombudsman Act for protection of the child rights and contains analyse of the involved norms, but also the opinion of the author about them. In the article is researched the foreign experience of similar specialized institutions in the EU countries and also the used law technic for its implementation. The author shows akcents about the principles of the organization of the ombudsman for children, its election and action way.It is shown the current situation with the Bulgarian legislation in the area of the children rights protection, where the current mechanismes are shown. The article contains as a result the imagination that the Ombudsman for children rights protection is a necessary institution and grounds de lege ferenda its future law development.

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Правен статус на агенциите съгласно Закона за Администрацията и специалните нормативни актове

Author(s): Konstantin Pehlivanov / Language(s): Bulgarian Issue: 1/2012

The article examines the development of central executive authorities with a rank below minister. In 1998 the legislature passed the Administration Act, which brought into Art. 19 (4) the hierarchy of these bodies. This article examines the legislative and administrative experience, the constitution of the various agencies, their characteristics and powers. Particular attention is given to those administrative structures, which differ significantly from the general pattern of the Administration Act – State Agency “National Security”, Bulgarian Agency for Food Safety, National Revenue Agency, Executive Agency “Road Infrastructure” and others. Separately are examined the legal status of governing bodies and the changes that the legislature made in this area. Special attention is paid to the practice of the Constitutional Court and the Supreme Administrative Court.

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Същност на очевидната фактическа грешка в обвинителния акт

Author(s): Kristina Aleksandrova / Language(s): Bulgarian Issue: 1/2018

The obvious factual error is any inconsistency between the true will of the body concerned and its external expression in the written act. So far, it has been governed by the Code of Civil Procedure and the Administrative Procedure Code, and with the amendments to the Code of Criminal Procedure of 2017, the legislator regulates the removal of an obvious factual error in the indictment. The essence of the obvious factual error is a technical error, consisting of incorrect digits, letters, words, and even entire passages of a text.

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