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Десет години европейско членство: дефектна демокрация, зависими институции
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Десет години европейско членство: дефектна демокрация, зависими институции

Author(s): Atanas Slavov / Language(s): Bulgarian Issue: 1-2/2017

This article is focused on the effects of EU membership of the country in ten years perspective. The study analyzes institutional and legislative reforms, related to the rule of law, independence of the judiciary, establishing independent regulatory and controlling bodies for fighting political corruption and conflict of interests. These issues are studied in a comparative regional perspective taking into account the tendencies and phases in developing democratic institutions (their consolidation, stagnation and erosion). Institutional reforms are analyzed in the light of common European standards for strengthening the rule of law and the independence of the judiciary as well as taking in the light of the Cooperation and Verification Mechanism. The conclusion builds on the idea that legislative reforms are necessary, but not sufficient in achieving common democratic standards for independence and accountability of key institutions. These reforms need to be complemented by inclusion of important stakeholders and active participation of civil society actors in the process.

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Същност и обща насоченост на актуалната реформа на наказателнопроцесуалната система

Същност и обща насоченост на актуалната реформа на наказателнопроцесуалната система

Author(s): Nikola Manev / Language(s): Bulgarian Issue: 8/2018

Criminal proceeding is a complex multi-layered activity, whose task is to disclosure the crime. The changes in criminal procedure legislation are conditioned by the adoption of the new constitu¬tion of the country in 1991. The methodological basis of the typology of the criminal procedure determines the way in which the relevant reform of the objective law is carried out. Regardless of the tendency to extend the scope of the disposi¬tive method, the determining method in the cri¬minal procedure remains the governmental (im¬perative) method of legal regulation. Reform of the Criminal Procedure Code is predetermined by the changes in the judicial system. More and more attention is being focused not only on law creativity but also on law application.

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Нормативни проблеми на развитието на академичния състав в България

Нормативни проблеми на развитието на академичния състав в България

Author(s): Raina Nikolova / Language(s): Bulgarian Issue: 8/2018

The article examines the historical development of legislation in the field of career development of the academic staff in Bulgaria. He points out the advantages and disadvantages of normative decisions from the beginning of the 19th centuryto the beginning of the 20th century. Criticizes the amendments to the Law on the Development of Academic Staff in the Republic of Bulgaria, promulgated in the State Gazette, N 30 of 3.4.2018, in force as of 4.5.2018.

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Обоснованост на правораздавателния акт по спорове в областта на интелектуалната собственост

Обоснованост на правораздавателния акт по спорове в областта на интелектуалната собственост

Author(s): Veselina Maneva / Language(s): Bulgarian Issue: 8/2018

Justice as the highest type of law enforcement activity places the most requirements on the judicial authority. In relation to the treatment and resolution of intellectual property disputes, the specificity is justified by the nature of the intellectual property objects as intangible goods and by the special knowledge that the authority must possess. He makes a decision, justifying it with the evidence of the dispute and the established facts and circumstances, given the requirement to reveal the objective truth. These logical judgments the court forms on the basis of his inner conviction and give a complete practical form of subjective attitude, expressed in the motifs of the judgment decision.

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Продължителните договори

Продължителните договори

Author(s): Polya Goleva / Language(s): Bulgarian Issue: 8/2018

The long-term contract is a notion of law, that is not regulated by legal norms and was not anobject of the legal theory. Some kinds of long-term contracts in civil and commercial law as contractsof rents, loans, society, deposits are explicitly regulated by legal dispositions. The labor contractis a long-term contract too. Despite of the increased role and field of application of the long-termcontracts in our country like other countries any general legal positions don’t exist, which reflectthe specific features of the long-term contracts. That’s why the article propose the introduction delege ferenda of general causes for termination of the discussed here kind of contract.

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Bulgarian Legislation on Nutrition of Infants, Children and Adolescents: Has Bulgaria Implemented the Rules of the WHO International Code of Marketing on Breast Milk Substitutes?

Bulgarian Legislation on Nutrition of Infants, Children and Adolescents: Has Bulgaria Implemented the Rules of the WHO International Code of Marketing on Breast Milk Substitutes?

Author(s): Tsvetalina Petkova / Language(s): English Issue: 8/2018

The study analyzes the Bulgarian legislation on the feeding of adolescents. Conclusions aremade on the compliance of these rules with both the European legislation and the WHO InternationalCode of Marketing on breast milk substitutes.

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Минимална държавна помощ

Минимална държавна помощ

Author(s): Ginka Simeonova / Language(s): Bulgarian Issue: 8/2018

De minimis aid is a particular type of state aid, for which, in view of its specificities, a different(special) regime has been introduced with regard to the administration of this type ofaid. De minimis rule — exemption of small aid amounts from notification (the ceiling set in theRegulation) is considered not to meet all the criteria in Article 107 (1) of the Treaty on the Functioning of the European Union and, in the end, does not lead to a distortion of competition. The‘ceiling’ set out in Regulation 1407/2013 is EUR 200 000 which may be granted to one undertakingfor each period of three fiscal years.

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Що е то социалистическа правова държава?

Що е то социалистическа правова държава?

Author(s): Deyana Marcheva / Language(s): Bulgarian Issue: 8/2018

In the Nineteenth All-Union Conference of the Communist Party of the Soviet Union of 1988emerges the concept of “socialist state under the rule of law“. What is that hybrid construct, whichclaims to be a successor of the “socialist legality“ in the USSR? Is it rule of law or is it a newideological hybrid born out of the same type of social engineering? The starting point of this researchis the historical and theoretical paradigm of “socialist legality“. The analysis shifts from theSoviet to Bulgarian context because the events, the concepts and the theory in Bulgaria during theperiod of totalitarian state and law literally copy and follow what has happened in the USSR. Asany other class concept “socialist legality“develops and functions in controversy to the “bourgeoislegality“that turns out to be the very concept of rule of law under a new name as given bythe socialist state and law textbooks. That’s why of particular interest are the political and scientificprocedure employed to restate the ideas of the rule of law during the “perestroika“so that they can be filled in with new “socialist“content.

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За преките вреди по смисъла на член 82 от Закона за задълженията и договорите

За преките вреди по смисъла на член 82 от Закона за задълженията и договорите

Author(s): Silvia Tsoneva / Language(s): Bulgarian Issue: 8/2018

The article explores the notion of direct loss as a limitation of the damages for breach of contract.This is carried out through a survey of the main causation theories acknowledged in Bulgarianlaw, the definitions of direct loss given by the legal academics and jurisprudence, historical reviewof the idea to keep contract liability within limits and comparative law treatment of this issue in theFrench, German and Swiss law.

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RES PUBLICA - RES PRIVATA ET LEURS TRANSFORMATIONS – L’EXEMPLE DE L’EMPHYTEOSE EN DROIT ROMAIN

RES PUBLICA - RES PRIVATA ET LEURS TRANSFORMATIONS – L’EXEMPLE DE L’EMPHYTEOSE EN DROIT ROMAIN

Author(s): Malina Novkirishka- Stoyanova / Language(s): French Issue: 2/2019

In the modern legislation and in the jurisprudence, we don’t find an insurmountable limit between public and private property, which gives the possibility of the various transformations for the public interest compatible with the private interest. During the centuries there are two opposite directions in this sense: expropriation and confiscation of private property and privatization or private use of public goods. The origins of modern practices and institutions in these two sectors are found in Roman law, which establishes the basic principles and presents a vast series of cases and rules that can also be useful for contemporary jurisprudence. From this perspective, the example of Roman emphytosis is presented as a regulation of concessions and agricultural leases adapted to the public interest as well as to the private interest.

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ANALYSIS OF THE EUROPEAN SOCIAL CHARTER AND ITS IMPORTANCE FOR THE PROTECTION OF SELECTED GROUPS OF WORKING WOMEN

ANALYSIS OF THE EUROPEAN SOCIAL CHARTER AND ITS IMPORTANCE FOR THE PROTECTION OF SELECTED GROUPS OF WORKING WOMEN

Author(s): Zdenka Dudić,Branislav Dudić,Branka Agbaba / Language(s): English Issue: 1/2020

Both the 1961 European Social Charter and its revised version of 1996 constitute international social and economic rights treaties ratified by the Member States of the Council of Europe. Together with the European Treaty for the Protection of Human Rights and Fundamental Freedoms, they are the cornerstones of the contractual system for the protection of human rights in the member countries of the Council of Europe. Moreover, these contracts have contributed significantly to the development of European human rights standards in the areas of personal management, labour law and social security law. Nevertheless, it receives minimal attention from legal theorists. This leads to problems in its interpretation in practice. Through scientific and doctrinal interpretation, authors examine the various provisions of the European Social Charter. They seek answers to practical application problems through scientific literature as well as the case-law of the European Court of Justice. The aim and result of the authors’ work is to examine individual documents, to compare them and analyse the differences. The aim of the authors' work is also to evaluate the impact of the case law of the European Court of Justice in connection with the implementation of the Charter into the legal order as well as application practice. The benefit of this article is also the analysis of the impact of the Charter on the rights of working women.

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Around the Bloc-Friday, 18 September
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Around the Bloc-Friday, 18 September

Author(s): Ioana Caloianu / Language(s): English Issue: 09/21/2020

Regional headlines: animal rights in Poland; war of words in Belarus; military games in Eastern Europe; informal payments in Moldova; and Turkmenistan dusts off Parthian past.

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Transitions Online_Around the Bloc-Friday, 23 October 2020
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Transitions Online_Around the Bloc-Friday, 23 October 2020

Author(s): Jeremy Druker / Language(s): English Issue: 10/26/2020

Regional headlines: Poland’s highest court bans most abortions; Albania to host anti-Semitism conference.

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Rozwój polskiego prawodawstwa w zakresie badań lekarskich w sporcie jako aspektu wpływającego na poziom bezpieczeństwa w sporcie

Author(s): Patryk Masłowski / Language(s): Polish Issue: 2/2019

The article analyzes and evaluates the changes in Polish legal regulations in the field of medical examinations in sport as one of the most important aspects affecting the assurance of the safety of people practicing specific sports. Particular attention has been devoted to the assessment of modern solutions in the field of medical examinations, resulting from the evaluation process that has taken place in this matter over the last few decades. The considerations were supported by a comparative analysis of changes that took place in connection with activities aimed at minimizing the risk of potential health risk and even the life of an athlete practicing a specific sport. The author indicates how in particular periods of the second half of the 20th century and at the beginning of the 21st century regulations on medical examinations in sport were shaped. This is to create a holistic image whose analysis allows to assess in a systematic manner the positive impact of current legal solutions on the level of safety of athletes in the subject matter.

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Резенция за книгата на Ралица Костадинова „Условното осъждане по българското наказателно право“

Резенция за книгата на Ралица Костадинова „Условното осъждане по българското наказателно право“

Author(s): Ralitsa Ilkova / Language(s): Bulgarian Issue: 1/2020

The review is dedicated to the monograph entitled “Suspended Sentence under Bulgarian Criminal Law” by Ralitsa Kostadinova. In the book the author has pointed her scientific research in an academic area, namely that of suspended sentence, which so far has not been subject of a thorough and in-depth scientific analysis in Bulgaria, but at the same time it is of great practical significance in particular with regard to the work of the judicial bodies. The monograph under review undoubtedly contributes to the criminal legal theory.

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Обзор на събитие: Представяне на книгите на Кристиан Таков „Истина и справедливост“ и „Кристали“

Обзор на събитие: Представяне на книгите на Кристиан Таков „Истина и справедливост“ и „Кристали“

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

In 2019 SIBI Publishing House issued two book collections of the interviews, public speeches, comments and other texts from the personal blog of the most prominent jurist Mr. Christian Takoff. His colleagues and friends – the lawyer Mr. Valentin Braykov, the journalist Ms. Rossitsa Mihova and the judge Mr. Kalin Kalpakchiev delivered speeches at the event, which the Law Journal publishes with their consent.

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CULTURAL (UN)AWARENESS IN THE ACQUISITION
OF LEGAL TERMINOLOGY: OUTCOMES AND
SOLUTIONS

CULTURAL (UN)AWARENESS IN THE ACQUISITION OF LEGAL TERMINOLOGY: OUTCOMES AND SOLUTIONS

Author(s): Marina-Cristiana Rotaru / Language(s): English Issue: 1/2020

The aim of this paper is to highlight the role of cultural awareness in achieving accurate translations by focusing on the analysis of several culture-bound legal terms of the English and Welsh legal system. These specific terms include items that refer to the court systemin England and Wales, such as names of various key positions in the judiciary branch, terms used in court procedures and criminal procedure, or advocacy terms. A parallel with Romania is introduced in order to highlight the similarities and differences between the English and Welsh legal system and the Romanian legal system. In spite of the contrast between the two legal systems, the translator can, if aware of cultural idiosyncrasies, provide correct translations that make apparently opaque terms explicit in the target language.

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THE ROLE OF THE JUDICIARY IN RECOGNIZING AND IMPLEMENTING INTERNATIONAL LAW: A COMPARATIVE ANALYSIS WITH SPECIAL REFERENCE TO SRI LANKA

THE ROLE OF THE JUDICIARY IN RECOGNIZING AND IMPLEMENTING INTERNATIONAL LAW: A COMPARATIVE ANALYSIS WITH SPECIAL REFERENCE TO SRI LANKA

Author(s): K.A.A.N. Thilakarathna / Language(s): English Issue: 2/2021

International law had had a profound impact and influence on the domestic legal system in the contemporary world. However, the status of international law within the domestic legal system is not properly defined in many of the jurisdictions including Sri Lanka. In the absence of such a constitutional provision, the judiciary as the last bastion of hope has a responsibility of interpreting domestic law in light of the international standards that have been agreed upon by the country through ratification of international treaties and those principles of customary international law that has become binding on the country. However, too much judicial activism could jeopardize the constitutional fundamentals of separation of powers and the rule of law. Therefore, this study argues that the best way to resolve this issue is by providing a constitutional provision for the role of the judiciary in the recognition and implementation of international law in a domestic context. Using a qualitative methodology with a comparative analysis of the constitutional provisions of the selected jurisdictions of India and South Africa a proposal is made for a constitutional provision for the judicial role in the recognition and implementation of international law in Sri Lanka. The results have revealed that a constitutional provision would help to advance the separation of powers and the rule of law and to well define the role of the judiciary in absorbing international treaty law to the domestic sphere, making the law more certain and predictable and upholding the rights and duties of individuals in a domestic context while fulfilling international obligations of a country under the domestic legal system.

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Self Defense Training for Prospective Doctors and Medical Staff – Opportunities and Attitudes
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Self Defense Training for Prospective Doctors and Medical Staff – Opportunities and Attitudes

Author(s): Vladimir Ivanov / Language(s): English Issue: 4s/2021

Violence over doctors and medical staff is a serious social issue that has been neglected in modern society. Numerous attacks on emergency medical care workers and ward and office medical professionals have been witnessed in recent years, and in most cases these incidents were left without consequence or with occasional convictions. This survey aims to study the attitudes among the students of the Medical University of Sofia regarding the problem with aggression and violence against medical professionals and employees in the medical sector in Bulgaria and the opportunities that self-defense training at the Medical University gives. The study was carried out by means of applying the survey method with students who participated in the elective course (module) of Self-defense which was conducted during the second semester of 2020 – 2021 academic year. The conclusions that can be drawn, indicate that the participants are very well informed about the problem with aggression against medical professionals, and they consider poor organization in the healthcare sector as the main cause of the problem. Nevertheless, survey participants believe that incriminating aggressive behavior against medical staff is not going to bring the desired results against this kind of behavior. The attitude of the students who participated in the self-defense training sessions was extremely positive as they claim that this type of additional training could be the first step of future doctors to opposing aggression in the health-care sector.

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THE LEADERSHIP REQUIREMENT OF THE CRIME OF AGGRESSION UNDER THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT

THE LEADERSHIP REQUIREMENT OF THE CRIME OF AGGRESSION UNDER THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT

Author(s): Faruk H. Avdic / Language(s): English Issue: 3/2021

The subject of this analysis was the provisions of the Rome Statute of the International Criminal Court devoted to the leadership requirement of the crime of aggression. The crime in question is the successor of crimes against peace. This paper employed normative and formal dogmatic legal methods in analyzing the particulars of the leadership clause. Besides, this analysis also took into consideration the case-law of certain judicial bodies. This paper aimed to examine whether the leadership requirement of the crime of aggression has been properly constructed for the Statute. The main focus was on the meaning of the conditions stemming from the leadership clause that each perpetrator ought to fulfill to incur criminal responsibility for the crime of aggression. Additionally, this research addressed the criminal responsibility of public and private actors and the modes of participation in the crime in question. The article established that the leadership requirement concerning the crime of aggression has been aptly incorporated in the Statute since this requirement, at the same time, embraces the post World War Two standards concerning crimes against peace and the contemporary notion of aggression as one of the core crimes under international law.

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