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The article discusses examines the main issues about the subjective right to non-observance of the term of notice particularly the nature of the exercise and the legal consequences. The author resumes that the subjective right to non-observance of the notice period is an original and highly relevant legislative decision.
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The article analyzes the principal of universality of political rights of Bulgarian citizens. The historical development of universality of political rights is traced through the political rights of women and political obligations of citizens.
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The article examines the issue regarding the completion of the crime of insult. The statements provided in legal literature as well as the relevant case-law have been analysed and summarised. Arguments have been formulated supporting the thesis, according to which damages to the object of the crime constitute an element of the insult under the Criminal Code. The crime is completed not when the victim has perceived the insulting words or actions, but when they have felt their honour or dignity impaired.
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The primary focus of this article is to review the historical development of the competition and competition law in Bulgaria between 1925 – 1944. During that period competition law has grown in response to the economic changes in Europe and in the United States. In Bulgaria rules concerning the competition have been applied to economic activities that were regarded as cartels, monopolies, anticompetitive behavior of firms (undertakings). Several laws against the unfair competition were adopted. The most important cartel provisions were accepted from German anticompetitive law and Austrian competition rules. Bulgaria implemented French doctrine about antitrust damages actions for breaches of competition law and the civil damages litigation. This article seeks to analyse the new Bulgarian competition framework and will look also at its approximation with US law. According to Sherman Antitrust Act from 1890 the Cartel court and the public administrative body - Commission of cartels were established. The Commission has regulated registration of cartels, prices and has had the legal power to change some of the terms of the cartel agreement. For the proposed historical period of time, the competition legislation aimed to improve the legal and institutional (administrative) framework of competition in Bulgaria and permitted the implementation of the competition policy in the economic growth of the country.
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The article treats some issues related to the implementation of the Forests Act. It analyses specific gaps and contradictions in the special legal framework, in the context of the general legal regime and the provisions of the Constitution of the Republic of Bulgaria. It takes the view that specific legislation should be clear, transparent and logical, given the importance of the subject of legal regulation – forests and forest areas. This is particularly necessary in view of the ongoing negotiations for a Legally Binding Agreement on Forests in Europe (LBA-f).
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The intellectual element in the content of guilt is the base, on which the will is generated as mental attitude. The intellectual elements in the doluseventualis and recklessness have differences, which are independent of the will and take part in the formation of guilt. The article outlines the differences in the formation of the awareness in doluseventualis and recklessness in connection of the willful responseof the perpetrator.
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Agricultural land is a fundamental national resource, which enjoys the special protection of the Constitution of the Republic of Bulgaria. This paper explores the acquisition of agricultural land by foreigners and foreign legal entities. It also examines the prohibitions, limitations and some practical application of this statutory regime.
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As a result of the supervisory activity carried out in the administration and as a further guarantee for the protection of the rights and legitimate interests of citizens, legal persons and the state, the legislator has provided the Prosecutor’s Office of the Republic of Bulgaria with the relevant prosecutor with a number of powers in the administrative process. Article 1 examines the scope of prosecution and, at the same time, analyses the scope of prosecution provided for in Article 16, para. 1, item 1 of the Administrative Procedure Code, the power of the prosecutor to challenge before the administrative court, as a first instance court, administrative acts, which he / she considers unlawful.
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The incrimination of the interventions against sport in 2011 fill in a substantial emptiness inBulgarian penal law. At the same time, however, the current legislative regulation on those offenses raises the question of the relationship between their social significance and subject matter, on the one hand, and the necessity to establish them in separate Chapter 8a of the Criminal code – on the other. Through a comparison and comparative legal analysis with another similar criminal acts, it is appropriate to determine the systematic place of crimes against sport in the crtiminal justice system of Republic of Bulgaria. Namely the critical approach to the examination of this category of interventions as a substantive subject of normative regulation presupposes their assignment to the crimes against public order and public serenity under Chapter 10 of the Criminal code.
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The interrogation is one of the most complex investigative actions, given the many psychological aspects that it involves. It is further hampered by the profile of the accused in drug crime investigations, as a person with a criminal experience in the same or different criminal area, with well-motivated procedural behavior whichcan notbe easily influenced. Following research focuses on the procedural and tactical requirements to be considered during the interrogation in the investigation of drug-related crime investigations. The questions as a content of the interrogation in the different investigative situations and the acceptable tactical approaches during the interrogation are formulated in a way to ensure respect of the rights of the accused. Recommendations about how to improve the above mentioned practices have been made to the competent authorities.
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This article provides an overview of the historical developments of the BDA and addresses one of the major licensing regimes in human medicine directly related to its activities. An analysis of the procedure, the necessary documents and possible solutions are presented.
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Gender differences arouse the interest of students and individuals involved in the work of psychological and pastoral counseling, approaching the client with respect regardless of gender and religious orientation. Acknowledging the importance of the environment from which the person requesting our help comes from, the availability of individual change, the respect given to it, are the specific factors of the pastoral counseling activity. The objectives of the study are represented by an incursion into the creation of women and gender equality in the thinking of the priestly and Jahvist theologians, present contribution in Holy Scripture, the status of women, its gender equality in the Old Testament environment, in Judaism, in the New Testament, as well as in the thinking of the Magisterium, its right to life and religion. The resulting principles and practical considerations will certainly support the activity of pastoral counseling.
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Objective: Analyze a systematic review of studies on the impact of Covid-19 on gender inequality, discussing the role of women in the labor market. Methodology: Bibliographic research of articles and documents in Portuguese and English obtained from various official and royalty-free websites, from December 10th to 23rd, 2020. Results: It is possible to see that gender inequality meets a set of requirements fundamental to determining a country’s wealth. Those countries where gender discrimination is prohibited are the richest ones. Examples are given of equal opportunities among men and women (50/50), both in the job market and family roles. Conclusion: It is statistically significant that the participation of women in various roles (professional, wife, mother, and educator) promotes social well-being and contributes to the economic and political stability of the countries. It is not enough to have laws and strategic plans to solve the crisis that ensued from the Covid-19 pandemic. Alternatives will have to be found, reinforcing institutional mechanisms to establish the effective integration of women in positions equal to men, without discrimination in wage, motivation, and productivity
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Author discusses the problem of between the banning of political parties and the freedom of political association from the standpoint of theoretical conceptions, international standards on the protection of human rights, and practice in comparative law. The right to freedom of association is a basic human right without which there is no democracy, and as such it is guaranteed in domestic law and international documents, such as the European Convention for the Protection of Human Rights and Freedoms. The restriction of this right caused dilemmas in doctrine and jurisprudence, regarding the answer to the question of whether it is legitimate and in which cases it is permissible to ban or dissolve a political party. In comparative law, there is no uniform model on the limitation of activities and the prohibition of political parties. In the legal systems, there are various ways of organizing this mechanism, the bodies that make the decision to ban or dissolve a political party, the reasons for making the decision, the procedure and the measures that are imposed. In accordance with the practice and jurisprudence in European countries, the ban or dissolution of political parties is justified only as an exceptional means in the defense of the democratic order, if it unequivocally manifests the intention of violently changing the constitutional and democratic order. The decision should be within the jurisdiction of the courts, and the competent authority would have to take into account the proportionality between the pronounced measure and the established facts about the unconstitutional activity of a political organization. In order to prevent discretionary decision-making and executive interference, the legal regime of banning political parties and freedom of political association must be harmonized with the principles of the rule of law and democracy.
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Medieval Serbian regulations of domestic origin do not contain systematic norms about witnesses and testimony, but only a few incidental mentions. On the other hand, in the transplanted Rhomaian (Byzantine) collections - the Nomocanon (Zakonopravilo) of St. Sava and the Abbreviated Syntagma of Matthew Blastares, there are numerous regulations on how witnesses give statements and, even more, whose testimony is considered acceptable. Many years ago, Soloviev assessed that it was not necessary for Dušan’s Code to delve into this matter “because the numerous provisions of Byzantine law (...) exhausted the subject matter.” However, one must question how applicable these norms were in the law of medieval Serbia. Although judicial records have not been preserved, occasional mentions of testimony at assemblies or witnesses to the drafting of contracts can still provide us with a view of the practice. With a focus on those sources, this paper will try to show at least a partial picture of witnesses in medieval Serbian law. Special attention will be paid to the issue of women’s testimony.
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Shortly after the creation of the European Economic Community, the member states opted for an integrated policy in the field of agriculture which meant the establishment of an internal market for the majority of the agricultural products, free commerce for all agricultural products in the member state and a high level of protection and support. This decision meant that in the future all decisions related to national agricultural policies were to be adopted at the level of the Community and the Common Agricultural Policy needed to be financed from the Community budget. Throughout the decades, CAP suffered several changes and reforms, but in general its objectives remain unchanged since the Treaty of Rome adopted in 1957. The articles analyzes the main changes affecting this policy beyond 2020.
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AI enters more and more spheres of personal and public life, the topic becomes the object of much discussion. The expanding possibilities of these technologies give rise to the need to introduce ethical and legal regulation in order to control them. Hence the question arises as to how far a system can be considered an autonomous entity, similar to the individual possessing this capability. This article examines the question of whether a system with artificial intelligence can be considered a subject in ethical and legal aspect. The aim is to demonstrate the difference between human thinking and behaviour and the activities performed by AI systems in order to outline a framework with ethical and legal norms governing the creation and use of AI. By applying a multidisciplinary approach combining the analysis of philosophical and legal notions of the subject, concepts such as intellect, autonomy, moral and legal responsibility are explored. The conclusion is that no matter how developed these systems are, they cannot be defined as subjects because they cannot perform fully conscious acts and cannot be held morally or legally responsible.
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At present, terrorism is an atrocious crime with various causes, becoming widely spread worldwide. The causes of terrorism and its correct identification and knowledge are particularly important aspects for the elaboration of those methods of fighting against this extremely serious phenomenon and for reducing the number of its negative effects such as number of victims, negative consequences at social, economic or political level. In what concerns the fight against terrorism, it also takes place at the international level and includes warfare information technology, media, psychological, cultural, etc. elements. This fight against terrorism must be continuous, all over the world and approached from several perspectives such as: diplomatic, military, political, psychological and informational. Concerned with the fulfillment of the general objective of the war against terrorism of the international community, which is given by ensuring that climate of security at national and international level for the states that form it and their populations and of protection against this scourge, the Romanian diplomatic representatives advanced in 2015 the international community’s proposal to create an International Counterterrorism Court, as an international judicial body capable of making a real contribution to this necessary fight. This study presents the issues related to the concern of the international community to combat terrorism and the possible establishment of an international judicial body with competence in sanctioning terrorism crimes, starting from the proposals made in this regard by Romania and Spain.
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Given that, due to his physical and mental immaturity, the minor child needs protection, he is placed by law under the protection of fully capable persons. In principle, the law places the child under the protection of his parents who are primarily responsible for his upbringing and development. They have the task of ensuring the defense and full realization of the personal and patrimonial interests of the child and of the rights that the law recognizes. In order to achieve this goal, parents must fulfill a series of obligations and exercise a set of rights that concern both the person and the child's property and make up in their entirety the content of parental protection. The institution of protection of the minor through parents, known in other legislations as parental authority, a notion that the Romanian legislator uses in the new Civil Code to designate the set of rights and duties regarding both the person and the child's property, is the natural and natural way protection of the child intended to ensure the full and harmonious development of his personality, as well as his material well-being. The legislation of this institution, based on the idea of child protection, has as its supreme consideration the optimal satisfaction of the child's interests. The best interests of the child are the guiding principle for parents who exercise their rights and fulfill their obligations to their children. The law does not define the content of the notion of interest of the child, remaining at the sovereign discretion of the judge. The protection of the minor child by his parents is primarily aimed at his person and is achieved through a set of parental rights and obligations that are part of the personal side of this protection. The content of the personal side of the protection of the minor through the parents presents certain particularities from the point of view of the rights and obligations that enter in its composition, depending on the legislation in which they are regulated. In principle, the parental rights and obligations regarding the person of the minor are exercised and fulfilled jointly by both parents. The exercise and joint fulfillment by the parents of the parental rights and obligations regarding the person of the minor presupposes that the decisions regarding him / her must be taken together by the parents, and always have applicability in the situation of the married child whose parents live together. In the situation where the parents are separated, as well as in the case of the child out of wedlock, the question arises as to whether or not this principle is still applicable. In this respect, the analyzed legislations offer different solutions. Thus, in the event that the child is entrusted to one of the parents, he exercises parental rights. The other parent reserves the right to have personal ties with the child and to watch over his or her upbringing, education, teaching and vocational training. He also has the exercise of the rights to consent to the adoption and marriage of the child, as well as the obligation to support the child. If the court entrusts the child to a third person or a care institution, the parental rights and obligations regarding the person of the minor will be exercised and fulfilled by the person or care institution to whom the child has been entrusted. In the case of the child out of wedlock, the rights and obligations are exercised and fulfilled by the parent to whom the child has established the parentage. If the parentage is established with respect to the second parent more than one year after the birth of the child whose parentage has already been established with respect to the other parent, the latter remains alone invested with the exercise of parental authority. If the parentage has been established in court against the second parent, parental authority is exercised by the parent to whom the child first established the parentage. Parental protection, in its entirety, consists of a set of obligations and rights assigned to parents not in their interest, but in the interest of the child. The fulfillment and exercise in the interest of the minor of the obligations and rights that enter into the content of the parental protection on his two sides, personal and patrimonial, has as finality the protection of the child's person and his goods.
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This research focuses on the Christian understanding of the notion of matrimony and the Christian understanding of the purpose of marriage. The reason why the Christian perceptions of these categories were chosen for research is that both sides of debate are either missing the totality of the argumentation pertaining to the notion of matrimony – more often than not having misconceptions on the Christian approach to the issue, or they are trying to question the validity of the opposition’s arguments using false or incomplete interpretations of the Christian understanding of the purpose of marriage. Conclusions which were reached through discussion are as follows: The Christian approach to gender differences is not trying to achieve gender equality by way of negating the existence of the differences, the Christian concept is based on parity in worth of both sexes in its calling; corporeal union is seen as one of the three aspects of marital intercourse, next to love and friendship, which cannot be treated as purpose of union – otherwise marriage can no longer be considered to be arranged in a Christian manner; procreation is not and cannot be the purpose of marriage, it is cross-bearing which can be fulfilled through progeny and even not having children; same-sex partners cannot become a single body in the Christian sense since they are not of heavenly origin and cannot be associated with freedom
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