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Практика надання спрощень при здійсненні митного контролю до запровадження інституту уповноваженого економічного оператора в Україні

Author(s): Yuriy Medvid / Language(s): Ukrainian Issue: 29/2016

The article reveals peculiarities of legal regulation and practice in providing of simplifications during the customs control till the introduction of authorized economic operator in Ukraine.Simplifications that were granted to Ukrainian enterprises in order to facilitate foreign trade are analyzed. It was determined that providing of simplifications during customs control is carried out in circumstances when the companies meet the established criteria. Usually the main criteria are the duration and frequency of foreign economic activity, the number and volume of performed foreign trade operations, status of payments to the budget and with the foreign trade operations kind of economic activity, high level of legal compliance and so on.It is important to do the assessment of the number of companies that meet the criteria of customs simplifications. At the same time Ukrainian experience shows that about a third of the total number of enterprises that had the right for customs simplifications used their right.

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Nyelvi jogok, nyelvpolitika a kisebbségek felsőoktatásában

Author(s): Viktória Ferenc / Language(s): Hungarian Issue: 1/2012

The continuance of a minority community and the perhaps flamboyant use of their native language is highly determined by the rights a given majority state gives this community. In this paper I will show the situation with and the state of Hungarian minority higher education outside Hungary, while looking into persons’ language rights and language in the context of education policy trends. After giving a short introduction to recent developments in the field of Linguistic Human Rights – with a special focus on someone’s right to get (higher) education in one’s mother tongue – I will illustrate the attitudes of Hungary and of neighbouring countries regarding such a right, both in theory and in practice; this will all be based on an analysis of degrees of ratification and implementation of the European Charter for Regional or Minority Languages in different European states.

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Публични организации в съвременното законодателство на Република България (правна същност, белези)

Author(s): Hristina Balabanova / Language(s): Bulgarian Issue: 4/2018

The article The Public Organisations in the Contemporary Legislation of the Republic of Bulgaria (Legal Nature, Characteristics) focusses on a problem studied less in our Administrative law science, namely the Public Organisations. Within the executive branch, the public power is vested in them and they hold the authority over the other components in this structure. The article is about to clarify the features of a generic concept forming the fundament for structuring the Institutions and the Public Funds as a type of public organisation.

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Световен икономически форум

Author(s): Yuliya Tasheva / Language(s): Bulgarian Issue: 3/2011

The World Economic Forum is an independent international organization dedicated to improving the state of the world by engaging business, political, academic and other community leaders to create global, regional and industry programs. The World Economic Forum is an international non-governmental organization based in Geneva, Switzerland. Its original name was the European Management Forum, and in 1987, it changed to the World Economic Forum.

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Съотношение между актовете на Европейския съюз, на други международни организации и на националните законодателства на държавите-членки

Author(s): Mihail Iliev / Language(s): Bulgarian Issue: 3/2010

Supplied in this work are presented the sources of international law - basic and auxiliary, and of the European Union - primary and secondary. Out are their main characteristics and features. In short, is concerned the question of sovereignty of states in international relations. Special attention is paid to the ratio between sources of EU law with those of international law and national laws of Member States.Supplied in this work are presented the sources of international law - basic and auxiliary, and of the European Union - primary and secondary. Out are their main characteristics and features. In short, is concerned the question of sovereignty of states in international relations. Special attention is paid to the ratio between sources of EU law with those of international law and national laws of Member States.

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Залогът на вземания по ЗЗД и ЗОЗ

Author(s): Ivan Mangachev / Language(s): Bulgarian Issue: 3/2005

Obligations can no doubt be secured by claims belonging tothe debtor or third parties. Only claims that can be bet can be pledgedtransferred, ie whose nature permits disposition (Art. 162 of the LPP).

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Медиацията - още една възможност за разрешаване на спорове

Author(s): Petya Nedeleva / Language(s): Bulgarian Issue: 3/2005

It is considered, that the conflict by itself is not a problem, a problem is the unresolved conflict. Besides the traditional legal procedures, alternative means for resolving disputes and conflicts exist. One of them is mediation. The mediation is an out-of-court method for resolving disputes (conflicts) with the assistance of a specially trained for this person – a mediator, who has as a main objective to aid the disputing sides to reach a sensible solution of their problem themselves.The main principles of mediation are: voluntarity, equality between the sides, impartiality of the mediator and confidentially on the acquired information.

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PECUNIA COMMUNIS MUNICIPIUM. ФИНАНСИРАНЕТО НА МУНИЦИПИИТЕ В ИСПАНИЯ

Author(s): Maria Lourdes Martinez de Morentin / Language(s): Bulgarian Issue: 1/2019

The present work tries to provide a general vision about the incomes and expenses that the cities had to face as a consequence of the development they experienced with the concession of ius latii by emperor Vespasian. Specifically, those referred to the Flavian municipalities in the Roman province of Hispania will be named, which, in part, reflect the content of the lex for the Urso caesarian colony.

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PECULIUM И ACTIO DE PECULIO

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 1/2019

In this article the author examines the terminology related to roman peculium and the creation of the practice of providing res peculiaris, as well as the concept of peculium as a “quasi proprium patrimonium” servi/filii familias. The paper particularly considers this property given to sons and slaves, but which remains separate in the patrimonium of pater familias/ dominus with special legal framework as well as the development of actio de peculio in the praetors edict activity, namely, from the chronological point of view, between the 2nd century B.C. and the 3nd century A.D. This actio is a part of the so-called actiones adiecticiae qualitatis and it build the bases of the limited liability in commercial law.

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АCTIO NOXALIS: ЗАДЪЛЖЕНИЯ, ПРОИЗТИЧАЩИ ОТ НОКСАЛНАТА ОТГОВОРНОСТ И ХИПОТЕЗИ НА CONFUSIO

Author(s): Carmen Salcedo / Language(s): Bulgarian Issue: 1/2019

The article is dedicated to the jurisprudential debate on the validity of actio noxalis in the cases in which his holder disposes of the servus or filius familae that caused the noxal responsibility.

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STUDY OF THE EFFECTS OF PATRIA POTESTAS ON THE GOODS OF FILII FAMILIAS

Author(s): Salvador Ruiz Pino / Language(s): English Issue: 1/2019

Patria potestas deploys a great amount of effects on the persons and the goods of the roman filii familias. This study aims to approach these legal effects and brings a general investigation in the roman family law context.

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СИСТЕМАТИЧНА УРЕДБА НА СЪВРЕМЕННОТО ФИНАНСОВО И ДАНЪЧНО ПРАВО И НА РИМСКОТО ФИСКАЛНО ПРАВО

Author(s): Juan Manuel Blanch Nougués / Language(s): Bulgarian Issue: 1/2019

The article looks at Roman financial and tax law, united under the name „ius fiscale“, as distinct from „ius fisci“. Fiscal rights and obligations of individuals as taxpayers are defined. Particular attention has been paid to the tax jurisdiction and to some of the tax cases discussed by Calistrat. The author assumes that, although the regulation of fiscal issues in ancient Rome is too close to modern times, the systematics and some institutes that look nominally identical cannot be fully understood.

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ИЗПЪЛНЕНИЕ НА РЕШЕНИЯ С ПРИСЪЖДАНЕ НА ПАРИЧНА СУМА В VІІ PARTIDAS

Author(s): Adolfo Bautista Cremadez / Language(s): Bulgarian Issue: 1/2019

The „VII Partidas“ called code, is the greatest legislative work of the ius commune. In them is collected, in Spanish language, the main precepts received from Roman and Canonical law forming a corpus that would result from regulatory application until the promulgation of the Civil Code in 1889. The object of this work is to analyse the considerations of items relating to the enforcement of monetary judgments and comparing them with the regulation of the pignus in causa iudicati captum established by Antoninus Pius for the Roman process. Consideration of the Glossae of Gregorio López analyzes reflections which, in his day, caused by the Alfonso’s Code.

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СРОК ЗА ИЗДАВАНЕ НА РЕШЕНИЕ ОТ МИТНИЧЕСКИЯ ОРГАН ПО ПРИЕТО ЗАЯВЛЕНИЕ

Author(s): Atanas Simeonov / Language(s): Bulgarian Issue: 1/2019

The research covers issues related to issuing customs decisions on the application of EU customs legislation. There is currently no in-depth discussion on these issues. The practice of the administrative authorities competent to issue acts on the application of customs legislation reveals uncertainty and still ignorance of the new legal framework, which undoubtedly leads to contradictions in the judicial resolution of legal disputes. This article is part of a larger study on administrative service delivery by Member States' customs administrations in the EU and aims to clarify and analyze problematic issues.

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LAESIO ENORMIS IN MEDIEVAL SERBIA ACCORDING TO CODE OF JUSTINIAN AND IN THE SERBIAN CIVIL CODE

Author(s): Emilija Stanković / Language(s): English Issue: 1/2019

Laesio enormis is the institute of Roman law which is being implemented with certain modifications in modern legislations. It is one of a set of measures introduced by Diocletian with the aim to prevent accelerating demolition of Roman state. This institute also protected the small landowners (farmers) from decline and prevented larger concentration of land in hands of wealthy landlords by allowing the termination of a contract if the price of exchange is less than a certain sum (for instance one half) of its actual value. This measure also meant the humanization of law since it protected the interests of a weaker party. The expression “laesio enormis” came from glossators and refers to “the damage over half” (ultra dimidium iusti pretii) and in terms of terminology, it is connected to the issue of pretium iustum (the right price). The Byzantine law recognized the institute laesio enormis and applied it in a slightly changed form. Thus, in Basilicas there are rules related to the institute laesio enormis. They were modified to include the sale contracts for all goods, but remained to favorize the position of sellers. Through the Byzantine law the institute laesio enormis became the constituent part of Serbian medieval law by means of a specific compilation under the name “Justinian's Code”. Later on, the provision of this institute were include into Dušan's Code.

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РИМСКОПРАВНА ОСНОВА НА СЪВРЕМЕННАТА ЗАЩИТА НА НАСЛЕДСТВЕНОТО ИМУЩЕСТВО

Author(s): Mihail Malchev / Language(s): Bulgarian Issue: 1/2019

The article aims to present a brief analysis of the system of hereditary property protection in Ancient Rome. Historical analysis has a current sound and can be used as a starting point for improving the modern means of providing such pro-tection. A special remedy for inheritance property under Roman law is the claim of inheritance. The Roman tradition and application of this claim is characterized as the basis for its modern meaning and function. In this respect, current and dis-cussion issues related to the need for special protection of the inherited property are discussed.

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THE INSTITUTE OF COMPULSORY PORTION AS A LIMITATION ON TESTAMENTARY DISPOSITIONS IN ROMAN AND CONTEMPORARY LAW

Author(s): Novak Krstić / Language(s): English Issue: 1/2019

Compulsory portion (forced share), in the countries of the European continental legal system, is the most effective and direct limitation of the testator’s freedom of testamentary disposition. The imperative nature of legal rules regulating the area of compulsory succession ensures the protection of property rights and interests of the decedent’s close family members from excessive gratuitous dispositions mortis causa and/or inter vivos, by which they have been unjustly evaded from succession. Compulsory heirs are guaranteed the right to request their compulsory portion of the succession estate, irrespective of the decedent’s will. Roman law in the Republican era is the cradle of the compulsory succession. The institute of compulsory portion had passed a centuries-long path of its development to the Justinian law, when effective system of its legal protection was established. In this paper, the stages of development of this institute in Roman law will be analyzed, as well as the role and importance of Roman law for the development of the institute of compulsory portion in the contemporary law. Moreover, the author will analyze current trends of regulation of forced heirship in the Continental European Law (Civil Law), and reforms that have been made by European legislators in recent decades.

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НЕПРАВОМЕРНА ДЪРЖАВНА ПОМОЩ ПРИ ПРОДАЖБАТА НА ЗЕМЯ И СГРАДИ ПУБЛИЧНА ИЛИ ЧАСТНА ДЪРЖАВНА/ОБЩИНСКА СОБСТВЕНОСТ

Author(s): Ginka Simeonova / Language(s): Bulgarian Issue: 1/2019

The institute of state aid is essentially a system of rules whereby the European legal system provides a balance between support from Member States in seeking to achieve a well-functioning and stable economy and free and fair competition within the Union. This balance is a challenge for the control authorities, as it must combine the internal market principles with the willingness of individual Member States to finance their own businesses by public funds. This study will examine an interesting question related to a specific type of decisions of the European Commission concerning the granting of unlawful state aid in the sale of land and buildings by public authorities and the problems that the implementation of such a decision (as a type of Public claim) can create for the effective recovery of aid in the state budget.

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НИЩОЖНОСТ НА ДОГОВОРНАТА ВЪЗНАГРАДИТЕЛНА ЛИХВА ПОРАДИ НАКЪРНЯВАНЕ НА ДОБРИТЕ НРАВИ

Author(s): Petar Topurov / Language(s): Bulgarian Issue: 1/2019

The article examines the cases in which the contractual interest rate clause in the loan agreement is considered to be void due to a conflict with good morals (boni mores). The courts set out two criteria for verifying the validity of such a clause – its proportion to statutory interest rate and the existence of debt securities. The article criticizes this approach by offering a complex analysis of contractual rela-tions in order to proclaim the void of the contractual interest rate.

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Съдебна практика на българските съдилища по граждански и наказателни дела за обида и клевета, водени срещу медии

Author(s): Efrem Efremov / Language(s): Bulgarian Issue: 1/2019

The text relates certain standard-setting judgments of Bulgarian criminal and civil courts in cases brought against the media for insult and defamation. Also, consideration isgiven to the general principles and limitations of the freedom of expression with regard todefamation in the case law of the ECHR.

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