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SEASONAL WORKERS BEFORE THE COVID-19 ERA: ANALYSIS OF THE LEGISLATION WITHIN THE CONTEXT OF EASTERN EUROPE

SEASONAL WORKERS BEFORE THE COVID-19 ERA: ANALYSIS OF THE LEGISLATION WITHIN THE CONTEXT OF EASTERN EUROPE

Author(s): Rossen Koroutchev / Language(s): English Issue: 1/2020

This paper analyzes the phenomenon of the seasonal workers in Europe before the Covid-19 pandemic and discusses the legislation for intermediation job intermediation agencies in several East European countries such as Bulgaria, Romania and Poland. Additionally we discuss the typical patterns for seasonal migration in European context. We also analyze the situation of seasonal workers in Scandinavia (the berry picking activity in Sweden), in Spain (the orange picking in the Mediterranean regions) as well as the Ukrainian seasonal workers in some of the Visegrad-4 countries (Poland, Czech Republic and Slovakia). Finally, we briefly discuss some novel approaches which might be used as regulation mechanisms.

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THE EVALUATION OF RUSSIA'S FOREIGN POLICY TOWARDS GEORGIA FOLLOWING THE ‘ROSE REVOLUTION’

THE EVALUATION OF RUSSIA'S FOREIGN POLICY TOWARDS GEORGIA FOLLOWING THE ‘ROSE REVOLUTION’

Author(s): Ekaterine Lomia / Language(s): English Issue: 1/2020

For more than twenty-eight years, following the disintegration of the Soviet Union, Russian-Georgian relations have been a substantial ground for mutual confrontation, sharp dispute, and a lack of trust. Continuous tensions and disagreements have adversely affected efforts to achieve a proper balance in bilateral relations between the neighboring countries and resulted in a number of direct and indirect confrontations. Whilst the Russian president seeks to restore Russia’s great power status, regain its past glory and control strategically important regions of the former Soviet space, Georgia, from the very first day of independence, tries to maintain its sovereignty and territorial integrity, develop modern state institutions, strengthen democratic values and integrate into the Euro-Atlantic structures. The paper aims to study Moscow’s current foreign policy strategy towards Georgia following the ‘Rose revolution’ and argues that Russia’s military intervention in Georgia, in August 2008, was a clear illustration of classical realism used by a great power in the XXI century. Russia actively uses hybrid warfare and regularly employs economic leverage on Georgia to eventually achieve its political ends in the Caucasus region.

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THE POSITION OF MINORITIES IN THE NEW STATE OF KOSOVO

THE POSITION OF MINORITIES IN THE NEW STATE OF KOSOVO

Author(s): Bashkim Rrahmani / Language(s): English Issue: 1/2020

Although the Republic of Kosovo is a multi-ethnic society based on its 2008 Constitution, one particular minority is more protected and enjoys more rights compared to the others. It is the ethnic Serb community that appears to be the biggest obstacle for the future developments in Kosovo. The attitude of this ethnic community towards the state of Kosovo determines the Kosovo inner developments; it determines the relationships between Kosovo and Serbia and it could have some impact in the entire region of the Balkans. Using the combined methodology with methods of historical analysis and a method of legal analysis the author will describe and explain the position of the national communities known as minorities, including the position of Serbian minority in Kosovo according to the Kosovo legal system and the international law. Minorities enjoy constitutional protection of their rights, whereas the Serb community and its position are different compared to the other minorities. The different position of Serb minority derives in some way from the obligations Kosovo has taken from the international community, especially from the obligations that come from the Comprehensive Proposal for the Kosovo Status Settlement. This paper gives an analysis of the legal infrastructure in order to explore if the existing legal infrastructure substantially ensures the minority rights and if it ensures their protection. The conclusions of the paper aim to contribute to the academic debate and the practical work in the field.

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THE LAW OF ROMAN EGYPT

THE LAW OF ROMAN EGYPT

Author(s): Sanja M. Gligić / Language(s): English Issue: 2/2022

Unlike Roman Law, Egyptian Law can be learned from individual legal documents. Since no written Egyptian Law and fact that a little has been preserved from a collection of laws (i.e., „Hermopolis Legal Code“), scholars traditionally get knowledge about Egyptian Law from contracts, deeds, family archives, judgments, wills and accounts of criminal trials. The special problem is the fact that the study of Egyptian Law is further complicated by pre-created dogmatic ideas about the superiority of Roman Law and jurisprudence. However, at the moment when Egypt became a Roman province, the Egyptian Law was applied in practice (which already took a lot from Greek Law at that moment) and at the same time the influence of Roman law began to be noticed.

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LE DROIT FÉTIAL ET BELLUM IUSTUM DANS LE CONTEXTE DES GUERRES DACO-ROMAINES ET DE LA POLITIQUE IMPÉRIALE ROMAINE D’ANNEXION DES PROVINCES

LE DROIT FÉTIAL ET BELLUM IUSTUM DANS LE CONTEXTE DES GUERRES DACO-ROMAINES ET DE LA POLITIQUE IMPÉRIALE ROMAINE D’ANNEXION DES PROVINCES

Author(s): Teodor Sambrian / Language(s): French Issue: 2/2022

The existence of the Roman State, from its foundation to its disappearance, was disrupted by short interruptions, under the sign of the god Mars, war being an essential element of Roman society. Under these conditions, among the multitude of priestly colleges that operated in Rome since the most ancient times, the College of Fetiales had a particular importance from a political and institutional point of view. Its attributions were mainly related to the declaration of war and the monitoring of treaties concluded by Rome with other nations. The subject covered in this article is structured in the following sections: the supposedly controversial origin of the College of Fetiales; the content and nature of fetial law; the legal-religious rituals of the declaration of war; the adaptation of fetial law to the imperial status of the Roman State; the concept of „bellum iustum“ in the wars waged for the conquest of Dacia and its transformation into a Roman province; some thoughts on the Roman concept of bellum iustum piumque in the contemporary world.

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THE DACIAN WAX TABLETS (TABULAE CERATAE) FROM ALBURNUS MAIOR: A PROVINCIAL TESTIMONY OF THE RELIABILITY OF METROPOLITAN LAW

THE DACIAN WAX TABLETS (TABULAE CERATAE) FROM ALBURNUS MAIOR: A PROVINCIAL TESTIMONY OF THE RELIABILITY OF METROPOLITAN LAW

Author(s): Valerius M. Ciucă,Bob Mircea Dan / Language(s): English Issue: 2/2022

Dacia was, between 106 and 275 AD a Roman province , known under the surname of Dacia Felix. Our contribution takes advantage on a circumstance, at least as happy as the province was considered to be: the existence of the wax tablets of Alburnus Maior (nowadays Roșia Montană, in Alba County, Romania . Also known as Triptychs, some are valuable sources of historical and legal informations, while others simply record scenes of social life. Uncovered between 1786 and 1855 out of the former provincial golden mines, they are a priceless account of the way locals transplanted the Roman Classical Law. In fact, this very direct application of Roman Law in the Dacia province was, among other Transylvanian epigraphic testimonies , also demonstrated by these waxed tablets (tabulae ceratae Alburnense ). Those juridically relevant were studied by Romanian legal historians such as Ion Peretz, Ion Baltariu , Vladimir Hanga . Our purpose here is to give a brief account on how the vulgarisation of Roman Classical Law took place in this part of the Empire.

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ADMINISTRATION OF THE ROMAN PROVINCE DACIA

ADMINISTRATION OF THE ROMAN PROVINCE DACIA

Author(s): Maria Albu / Language(s): English Issue: 2/2022

At the time of the conquest of Dacia, Rome was in terms of the form of government, in the phase of the Principate, the era inaugurated by Octavian Augustus. In terms of territory, Rome ruled a vast territory stretching from England to the Middle East and from Gaul to Egypt. Immediately after the conquest, Dacia entered the process of administrative, economic and military integration, as provided by the rules of Roman public law. According to these rules, it was organized as a separate province, with its own administrative, military and fiscal authority.

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SERBIA ROMAN PROVINCE. NIŠ IMPERIAL CITY

SERBIA ROMAN PROVINCE. NIŠ IMPERIAL CITY

Author(s): Marija Ignjatović / Language(s): English Issue: 2/2022

Ancient Niš, better known as Naisus, was a developed settlement with a certain population that tended to grow over time. Historical sources say that the city had the status of a Roman municipality, which means that it had a very organized system of life. The size of ancient Naisus has not yet been fully determined, but considering the existence of the suburban part of Mediana, as well as the widespread villas around Mediana, it can be said that it occupied a good part of the Niš basin, crossed by the river Nišava as the main and largest watercourse in that region and that as an impregnable military stronghold, it was an important economic and cultural center of the Roman Empire. Naisus occupied a central position in the Roman province of Upper Moesia, which spread over the territory of today's Serbia. The original military fortification was created in the last decades of the 1st century BC on the right bank of Nišava and was the center of the various tribes: Dardanians, the Thracians and, briefly, on two occasions, the Celts, whose homeland is distant Gaul. A new period in the history and life of Naisus began at the beginning of the 4th century AD with the arrival of Constantine on the throne of the Roman Empire, the Roman emperor, one of the historical rulers who completely redirected the future of not only Christian Europe, but also the civilization known to us today.

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ROMAN LAW AND THE SERBIAN MEDIEVAL STATE

ROMAN LAW AND THE SERBIAN MEDIEVAL STATE

Author(s): Nebojša Ranđelović / Language(s): English Issue: 2/2022

The geographical space of the development of the Serbian medieval state was part of the origin and development of Roman law. The Serbian medieval state and its law would inevitably be created on the basis of the Byzantine tradition. The Byzantine Empire itself was the Eastern Roman Empire both by tradition and by all the features of society, state, law, and even by name. Its law and state organization, adapted to the new social relations and feudal order, were not negations, but a continuation of the Russian state-legal tradition. In such an environment, the Serbian medieval society and the Serbian state developed on the foundations of this tradition, incorporating their customary law into it. Serbian medieval legislation, rounded off by Dušan's Code, is a material witness to the aforementioned postulates.

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THE ROLE OF SOCIAL MEDIA IN THE PROCESS OF INFORMING THE PUBLIC ABOUT DISASTER RISKS

THE ROLE OF SOCIAL MEDIA IN THE PROCESS OF INFORMING THE PUBLIC ABOUT DISASTER RISKS

Author(s): Vladimir M. Cvetković,Aleksandra Nikolić,Aleksandar Ivanov / Language(s): English Issue: 2/2023

Social media informs the public about the most important events and conveys important information. Before, during, and after disasters, social media are used to disseminate information about disasters and collect data relevant to the implementation of preparedness, response, and recovery activities and measures. Social networks are effective in disseminating information and warnings, as well as in educating the public. The subject of the research is examining the influence of demographic factors on the effectiveness of social media in informing the public about the risks of disasters. Using an online survey questionnaire and according to the snowball principle, a survey of 247 respondents was conducted in 2022. The research results show no statistically significant relationship between the respondents’ education level and the assessment of the effectiveness of social media reporting on disasters. Using social media can improve communication between stakeholders in disaster management and facilitate coordination of efforts, fostering communication and allocation of resources. To effectively use social media in disaster management, decision-makers in the disaster management system must be aware of new technologies, their disadvantages and advantages, and ways to collect and analyze data from social networks.

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THE REGIONAL DIMENSION OF CORRUPTION RISKS IN THE CZECH REPUBLIC IN THE LIGHT OF DECENTRALIZATION

THE REGIONAL DIMENSION OF CORRUPTION RISKS IN THE CZECH REPUBLIC IN THE LIGHT OF DECENTRALIZATION

Author(s): Yevheniy Haydanka / Language(s): English Issue: 2/2023

The article elucidates the relationship between decentralization and corruption risks in the Czech Republic. Economic inequality in the regions inevitably leads to corruption risks. The unemployment rate and the wage level determined the fragmentation of the Czech regions. Most Czech regions (8 out of 14) have an average unemployment rate (of 3-5%). The capital Prague (44 thousand korunas), as well as the Central Bohemian Region (35 thousand korunas), significantly differ from the rest of the Czech regions in wage level (within 31-32 thousand korunas). If the Czech regions are similar in the unemployment rate, there is a noticeable stratification between the capital and other regions. The findings of an expert survey among civil servants and deputies of regional Assemblies identified corruption and anti-corruption measures in the regions. The sphere of public administration is the most corrupt. Partially corrupt is the provision of administrative services. The greatest corruption risks result from the employees’ influence on funding sources (grants, subsidies and grants). On a 10-point scale, the average corruption in the regions is 5,8. More research prospects derive from studying corruption risks at the regional rather than national levels and expanding the geographical framework of the transition countries under research.

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EVALUATION OF THE PRINCIPLE OF TAX FAIRNESS IN THE TAX ON INCOME OF NATURAL PERSONS IN THE REPUBLIC OF NORTH MACEDONIA

EVALUATION OF THE PRINCIPLE OF TAX FAIRNESS IN THE TAX ON INCOME OF NATURAL PERSONS IN THE REPUBLIC OF NORTH MACEDONIA

Author(s): Sejdefa Dzafche / Language(s): English Issue: 2/2023

The paper analyzed the development stages in the taxation of the income of natural persons in the Republic of North Macedonia through the prism of their compliance with the theoretical approaches in regulating the matter of income taxation. For this purpose, the initial stage of this research was the review of the impact of frequent amendments to the regulatory framework (relevant legislation) on the realization of the principles of vertical and horizontal justice. In the analysis of the normative-legal framework, the primary focus was the regulation’s influence on the realization of the principle of justice in taxation in the legal system of the Republic of North Macedonia (RNM). Additionally, the teleological method was used to identify the level of realization of the goals and functions of the RNM tax system. In that context, the effects of income taxation on the redistributive function were analyzed. The basic hypothesis from which the paper starts is that the frequent changes and modifications in income taxation concepts resulted in violating social-political principles in taxation. The research results indicate an inconsistency in the development of the system of income taxation of natural persons in RNM, which leads to a violation of the vertical and horizontal justice and the redistributive function of the income tax.

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UNDERSTANDING VOTER BEHAVIOR AND ELECTION DYNAMICS: A CASE STUDY OF THE 2021 LOCAL ELECTIONS IN KOSOVO

UNDERSTANDING VOTER BEHAVIOR AND ELECTION DYNAMICS: A CASE STUDY OF THE 2021 LOCAL ELECTIONS IN KOSOVO

Author(s): Lavdim Terziu,Besard Belegu / Language(s): English Issue: 2/2023

This study aims to analyze whether the 2021 local elections in Kosovo can be classified as first-order elections based on sufficient evidence. Employing a quantitative approach and utilizing surveys among eligible voters, the methodology allowed for observing indicators supporting the local elections’ classification as first-order. An empirical study was conducted using Google Forms, encompassing the entire region of Kosovo and involving a representative sample of respondents (n=596). The study also relies on data from the Central Electoral Commission (CEC). The research design employed a comparison approach and a deductive method. The study’s key findings reveal that despite the diverse practices and ideologies of developed countries, the most recent local elections in Kosovo should be recognized as first-order elections.

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Медийни системи и кризи: спирането на сигнала на програма "Хоризонт"  на Българското национално радио на 13 септември 2019 г.

Медийни системи и кризи: спирането на сигнала на програма "Хоризонт" на Българското национално радио на 13 септември 2019 г.

Author(s): Victoria Petrova / Language(s): Bulgarian Issue: 14/2023

This article examines the imperfections of the Bulgarian media system, which periodically manifest as media crises. The research method used is a case study. The case, which is described and placed in a media and political context, is related to the suspended broadcast of the "Horizon" program on the Bulgarian National Radio on September 13, 2019. The analysis is based on the documents collected in Vyara Angelova's book "#Who stopped BNR", normative acts issued by Bulgarian and European institutions, scientific and media publications on the subject. The conclusions reached by the research are that the media system in Bulgaria is in an unfinished process of transformation. A specific feature of the media environment is that partial elements characteristic of free societies are noticeable. But the factors that dominate bring the Bulgarian media system closer to the authoritarian model defined by Fred Siebert, Wilbur Schramm, and Theodore Peterson.

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Wybrane współczesne problemy jednostek samorządu terytorialnego w Polsce w latach 2018–2022

Wybrane współczesne problemy jednostek samorządu terytorialnego w Polsce w latach 2018–2022

Author(s): Iwona Ładysz / Language(s): Polish Issue: 2/2023

Local government, as an extremely important element of the political system of the state’s political system, carries out public tasks not reserved by law for other organs of public authority. To this end, the state secures the possibility of implementation of tasks by the local government, providing it with a balanced system of finances and the appropriate distribution of sources of income, allowing the implementation of assigned tasks. Today, the challenges facing local self-government are different than just a few years ago. In recent years, the biggest problem has been effectively dealing with the effects of pandemics, restrictions on economic activity, the need to help war refugees from Ukraine, etc. Therefore, it is important to analyze on an ongoing basis to what extent the public finance system is transparent and allows them to effectively support local and regional development at the social, economic and spatial levels. The article presents an assessment of the financial situation of local government units in Poland in 2018-2022 based on selected financial indicators. Such a time frame coincides with the extended term of local governments and allows for comparing data from the years preceding the pandemic and the outbreak of war in Ukraine and looking at the situation's impact on the subsequent years of local government units. The article presents the main issues of own income, property expenditures and operating results of local government units at all levels. The data source for analyzing the relationship between the outbreak of the COVID-19 pandemic and the war in Ukraine and the financial situation of local government units in Poland is the database of the Local Data Bank of the Central Statistical Office.

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ALBANIAN PUBLIC ADMINISTRATION IN THE LIGHT OF OPENING ACCESSION NEGOTIATIONS: CHALLENGES AND PERSPECTIVES

ALBANIAN PUBLIC ADMINISTRATION IN THE LIGHT OF OPENING ACCESSION NEGOTIATIONS: CHALLENGES AND PERSPECTIVES

Author(s): Ferdinant Xhaferaj,Gentian Skara / Language(s): English Issue: 3/2023

This paper aims to analyze the Europeanization of Albanian public administration in light of opening negotiations. The main research question is whether and to what extent Albanian public administration can approximate domestic legislation and ensure effective implementation. The core methodology in this paper is the traditional legal doctrine, which is based on analyses and interpretations of the EU acquis and Albanian legislation with a specific focus on reforming public administration. A reference to secondary sources in the Europeanization of public administration enriches the study. The paper argues that Albania has improved the legal framework for public administration in compliance with the EU acquis. However, it fails to ensure the proper implementation due to the following challenges: i) politicized bureaucracy, ii) the lack of capacity, iii) lack of public consultation with stakeholders, and iv) the inability to put in sound planning mechanisms and to carry out a realistic assessment. The paper concludes that Albania must establish a professional public administration with sufficient knowledge of EU acquis and adequately qualified staff to harmonize the domestic legal system and ensure proper implementation.

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EXAMINING THE GAP BETWEEN EU FUNDAMENTAL VALUES IN THEORY AND PRACTICE: A CASE STUDY OF MACEDONIA’S JOURNEY TOWARD EU ACCESSION

EXAMINING THE GAP BETWEEN EU FUNDAMENTAL VALUES IN THEORY AND PRACTICE: A CASE STUDY OF MACEDONIA’S JOURNEY TOWARD EU ACCESSION

Author(s): Larisa Vasilevska / Language(s): English Issue: 1/2024

The objective of this paper is to assess the gap between the EU’s commitment to its values and the fairness of its accession process, in particular the Macedonian journey to the EU, which is not only contradictory to the EU’s core values but also contradictory to the principle of equal rights and self-determination. For this purpose, the methodology consists of conducting qualitative analysis based on two bilateral agreements and analyzing the evolution of EU requirements and their implications. The paper argues that rather than enforcing the Copenhagen criteria and making the country’s pre-accession progress contingent on the strengthening of the rule of law, the EU has expended enormous effort in what was essentially a political bilateral dispute between states, with the resolution of the dispute to be replaced as a pre-accession criterion. The paper concludes that the EU should return to its fundamental values and prioritize merit-based criteria in the enlargement process, not a politically based decision.

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LEGALITY OF THE USE OF CLUSTER BOMBS IN INTERNATIONAL LAW: A SHORT OVERVIEW

LEGALITY OF THE USE OF CLUSTER BOMBS IN INTERNATIONAL LAW: A SHORT OVERVIEW

Author(s): Vesna Poposka,Abdulmecit Nuredin / Language(s): English Issue: 1/2024

The war in Ukraine brought the collective security system towards a dead-end street. After raising the question of nuclear threat, another long-time forgotten question arises again, waking up the ghosThe war in Ukraine brought the collective security system towards a dead-end street. After raising the question of nuclear threat, another long-time forgotten question arises again, waking up the ghosts that slept for more than a half-century- the use of cluster bombs. Although an international convention prohibits this type of weapon, neither Ukraine, Russia, nor the United States are part of it, which leads back to the agony of fragmentation of international law versus the erga omnes concept of universally applicable norms and customary rules. Since the war is official and intensive, the law of armed conflict applies no matter which of the states involved denies it or names it differently. The use of cluster munitions from both sides is highly contested in international law—the paper aimed to provide an overview of the applicable legal framework through analytical and comparative methods. Although there is a general notion that cluster munition is banned under international law, the paper’s results show this is not the ultimate case. Contextualisation relies on the four basic principles of humanitarian law.

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LINGUA IURIS

LINGUA IURIS

Author(s): Stoyan P. Ivanov / Language(s): Bulgarian Issue: 1/2024

The article considers the language of law. Particular attention is paid to the position of Latin as a lingua iuris from Antiquity through the Middle Ages and Modern Times, as a main instrument outlining the legal principles and their conceptual systematization. The legal Latin terminology used today is examined in the light of the general development of law in Europe as a common and unified sustainable legal vocabulary in modern languages, that unites the different national legal systems and supports the concept that Roman law is ius commune, on which the European legal culture stands.

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PROTEST POLICING AS A MEANS OF RESTRICTING FREEDOM OF ASSEMBLY DURING THE PANDEMIC IN BULGARIA
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PROTEST POLICING AS A MEANS OF RESTRICTING FREEDOM OF ASSEMBLY DURING THE PANDEMIC IN BULGARIA

Author(s): Kamila REZMER / Language(s): English Issue: 2/2024

During the coronavirus pandemic, numerous individual rights and freedoms were restricted. Most often, the right to assembly was restricted due to the increased risk of spreading the virus. First, legal regulations introducing total bans on gatherings or periodic bans and determining the number of people who could take part in them. Limitations depended mainly on risk assessment, number of cases and other measurable indicators. However, the restrictions did not stop people from protesting for issues important to them even during the pandemic. In this situation, the security services also had to take measures to limit the citizens' right to assembly. The aim of this study is to analyze the nature of the protests, determine what actions were taken by the security services towards the protesters, and evaluate whether they led to an escalation, silencing, or abandonment of further action on the part of the protesters. This will allow us to answer the question: whether, and if yes, to what extent was protest policing one of the means of restricting the right to assembly? Moreover, what was the nature of the activities of the security services? The analyzed period was July 9, 2020, to April 16, 2021, in Bulgaria due to increased protest of citizens who demanded mainly changes and resignation of the government. In the source analysis, mainly data from ACLED was used.

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