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5.00 €

УСТОЙЧИВОТО РАЗВИТИЕ НА АКАДЕМИЧНИЯ СЪСТАВ И ПРОДЪЛЖАВАЩАТА РЕФОРМА В ПРАВНАТА МУ РЕГЛАМЕНТАЦИЯ

Author(s): Ekaterina Salkova / Language(s): Bulgarian Publication Year: 0

In 2010, the Bulgarian legislator initiated amendments to the legal framework of academic development, aimed at introducing a decentralized approach to the awarding of academic degrees and the occupation of academic positions. These amendments received contradictory evaluation, and the substantial decline in the quality of scientific production as a result of their application cannot be denied. This result has become the reason for the introduction of new amendments in 2018, focused on the establishment of minimum national requirements and efficient monitoring of compliance with the law and the academic ethics.

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7.00 €

ЗАКОНОДАТЕЛСТВОТО ЗА РАЗВИТИЕ НА АКАДЕМИЧНИЯ СЪСТАВ В АДМИНИСТРАТИВНОТО ПРАВОРАЗДАВАНЕ

Author(s): Darina Zinovieva / Language(s): Bulgarian Publication Year: 0

This study contains an analysis of cases during the period of implementation of the law until now. Cases are divided into three groups – general issues, substantive issues and procedure issues. The first part contains the matter of legal nature of the decision of the Faculty Council /the Scientific Council for the selection of a candidate for an academic position. The decision is an individual administrative act, according to the Article 21 of the Administrative Procedure Code. The Commission's decision on admissibility in a competition for an academic post is also an individual administrative act. The reasons are the same for both acts.There is a discussion about legal characteristic of the scientific jury and the differences in the two proceedings. When there is held a procedure for the award of a degree, decision of the scientific jury is an individual administrative act, because it creates the subjective right of the applicant to be awarded a degree. When there is held a procedure for the academic position, the scientific jury is an assistant administrative authority.Hypotheses are reviewed as the Faculty Council /the Scientific Council takes another decision, different from the proposal of the scientific jury. The study analyses problems in the calculation of impact factors; problems about additional reglamentation for an academic position in the Regulations of universities; problems about the procedural peculiarities in the return of the procedure; problems in the case of joint publications of the candidate with a member of the scientific jury, etc.

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6.00 €

ПЛАГИАТСТВОТО ПО ЗАКОНА ЗА РАЗВИТИЕТО НА АКАДЕМИЧНИЯ СЪСТАВ В РЕПУБЛИКА БЪЛГАРИЯ

Author(s): Jivko Draganov / Language(s): Bulgarian Publication Year: 0

The number of plagiarism cases is constantly growing in the recent years. The academic environment is mostly affected by plagiarism and requires special measures for limitation of such practices. The material studies plagiarism as a phenomenon and the possible measures against academic plagiarism. Special attention is driven to the new measures against plagiarism provided in May 2018 in the Law on Development of the Academic Staff in Republic of Bulgaria. Despite the good intentions of the legislator these changes will rather have a negative impact on the academic development in Bulgaria.

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16.00 €

СЪЩНОСТ НА ПРОМЕНИТЕ ОТ 2018 Г. В ПРАВНАТА УРЕДБА НА РАЗВИТИЕТО НА АКАДЕМИЧНИЯ СЪСТАВ И ТЯХНОТО ЗНАЧЕНИЕ ЗА ДОВЪРШВАНЕТО НА ОТКРИТИТЕ ПРОЦЕДУРИ ЗА ПРИДОБИВАНЕ НА НАУЧНИ СТЕПЕНИ И ЗА ЗАЕМАНЕ НА АКАДЕМИЧНИ ДЛЪЖНОСТИ

Author(s): Hristo Banov / Language(s): Bulgarian Publication Year: 0

The study presents and analyses the main amendments of 2018 in both the primary and secondary legislation. The debatable issues are also discussed concerning the means of qualifying a concrete procedure as an open procedure for occupying an academic position or acquiring a scientific degree. For this purpose, the problems are examined regarding what the legal nature of each procedure is, what its scope is, i.e. which stages of the entire lengthy process are attributed to its content. The significance of these issues is related to the fact that the amendments, entering into force on 4 May 2018, shall not have any effect on the open and unfinished procedures until that moment. In this context, the main contradictory theses are presented as to when a specific procedure is considered open. The precise moment at which each of the procedures under consideration is finally completed is also determined.

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4.50 €

Ролята на ценностите при формиране и развитие на правните институти

Author(s): Boyka Cherneva / Language(s): Bulgarian Publication Year: 0

The article presents the legal institute as an element of socioculture in societies. The discussion is focused on the difficulties in defining legal culture, which is seen as an element of culture as a whole. Legal culture is understood in two ways: 1) the development of law as part of human civilization and 2) the art of the lawyer to apply the law.The article examines the institutionalization of values in law in order to explore the impact of socio-culture in building the legal institutes. The main conclusion is that the durability and flexibility of legal institutes as an element of the legal system is due to the influence of values as moral ideals on the content of law.

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4.50 €

Музеят по българското право

Author(s): Angel Shopov / Language(s): Bulgarian Publication Year: 0

The analysis of the legal regime of museums searches for solutions to a number of issues, such as whether museums should be qualified as legal objects or as legal subjects. The latter prevails because our national legislator has recognized museums as a type of legal subject – legal entities (persons). The author scrutinizes museums' features as legal entities by clarifying their legal status and specifics in terms of the various general classifications of legal persons. In addition, some of the more important special classifications of museums as a particular kind of legal entity are considered.

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Колективни уговори као извор права

Author(s): Jovana Misailović,Iva Tošić / Language(s): Serbian Publication Year: 0

Collective agreement is undoubtedly one of the most important institutes in the field of labor law. The role that the collective agreement has, is primarily reflected in the possibility for social partners to point out directly the problems they face on the labor market and to solve them by concluding collective agreement. Therefore, the importance of the collective agreement as a source of law should be viewed primarily through the opportunity to reconcile demands and changes at the labor market (depending on the level at which collective agreements are concluded) in the most efficient way and to define more specifically rights established by law, which are further completed completely individualized through an individual employment contract. In the paper, the place of the collective agreement in the domestic legal system is analyzed as well as the hierarchical relationship between the law, collective agreement and individual employment contract and finally - relationship between collective agreements. The authors try to summarize the importance of the collective agreement as a source of law in the domestic legal system, both for the social partners who participate in their conclusion and for all workers whom the collective agreement applies to. Accordingly, the first part of the paper is devoted to a brief historical analysis of the emergence and the origin of collective agreements, while the second part of the paper deals with the place and importance of the collective agreement in the domestic legal system.

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Отграничаване на общественоопасните последици от престъплението от общественовредните последици от другите видове правонарушения в контекста на престъпленията против изповеданията

Author(s): Silviya Cankova / Language(s): Bulgarian Publication Year: 0

Regardless of their variety, the consequences of the offences can be grouped in two categories according to their antisocial character. One group of the antisocial consequences of the offences has a negative impact on the social relations that affects solely the social relation at which the act committed is targeted. Thus the above mentioned antisocial consequence does not affect the foundations and the conditions for the existence and the development of the society as a whole. On the contrary, the other group of antisocial consequences has a negative impact on the foundations and the conditions for the existence and the development of the society as a whole, which means that these consequences are socially dangerous, dangerous for the society as a whole. An indicative example for socially dangerous consequences are those infringing the social relations, guaranteeing the right of the citizens to choose freely their religion. The praetor takes also into account that these books may also diminish the ability of the political organs to take decisions which according to the religion at the beginning of the II century B.C. are based on the God’s will.

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Социология на правото

Author(s): Stefka Naumova / Language(s): Bulgarian Publication Year: 0

Sociology of Law is relatively new science. Its origination and differentiation as an autonomous science in the common family of sciences have gone long and complex way. Roots of Sociology of Law have to be looked for still in the noticeable works of the ancient Chinese thinkers (Confucius, Lao-Tzu), in the original views of Socrates, Plato, and Aristotle on justice and its implementation in law, in the brilliant writings of the Roman jurists and historians (Cicero, Seneca, Marcus Aurelius), who still at that time analyze legal reality in the context of the whole political and social structure, seeking philosophical definition for values, moral, justice, and law. Basic role for institutionalizing the sociology of law has had the process of overcoming legal positivism and looking at law in its social context. In the present work, Sociology of Law is defined as a science which studies regular interrogations between legal area of social life and the rest of social areas. It is an organic combination between theory and empiric. The most defining characteristic of the sociology of law is the specific manner in which it approaches law in disciplinary terms. The conclusion outlines the perspectives of Sociology of Law in the new conditions.

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Моралната основа на пеналистиката

Author(s): Kalin Gaidarov / Language(s): Bulgarian Publication Year: 0

The article examines the relationship between morality and law and more specifically, criminal law. The concept of "morality" and its rolе of the development of society is analyzed. The importance of morality in both substantive criminal law and procedure is explored.

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Политическая воля как фактор, определяющий уголовную политику и преступность

Author(s): V. A. Yakushin / Language(s): Russian Publication Year: 0

The article examines political will as an important factor in the formation of criminal policy and the fight against crimes. The author presents concrete examples of the influence of policy on delinquency. Some conclusions are made on the existing of vicious circle of criminal policy, crime and the state of politicians in the country.

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"Властта" на средствата за масово осведомяване и наказателното производство

Author(s): Nicola Manev / Language(s): Bulgarian Publication Year: 0

The article is devoted to the role of mass media in the criminal procedure. The exceptions to the principle of publicity in criminal proceedings and the possibilities for hearing the case behind closed doors are listed. The reasons for the need to introduce these exceptions are analyzed.

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Политическая и идеологическая составляющие уголовно-правового регулирования в современной России

Author(s): Tatiana Klenova / Language(s): Russian Publication Year: 0

The article examines the question of the leading role of policy and ideology in the development and adoption of criminal law. Specific examples of the influence of policy and ideology in the amendments in the Criminal code of the Russian Federation and in their impact on public relations are given.

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Полицейска криминална статистика и политика

Author(s): Yulia Boyadzhieva / Language(s): Bulgarian Publication Year: 0

The subject of this article is police statistics, as a leading factor in determining criminal policy and a criterion of evaluation the current criminal policy in the country. The problems and importance of statistical monitoring of organized crime and of statistics in the preventive activities of the police are commented.

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Актуални проблеми на престъпността и нейното влияние върху развитието на България

Author(s): Emil Stoyanov / Language(s): Bulgarian Publication Year: 0

The author examines current problems regarding crime (delinquency) in the Republic of Bulgaria and their influence on the development of the country. Statistics on crime in Bulgaria, both in the recent past and at the present time, have been analyzed. Conclusions are drawn from the information thus objectified in the prepared statistics and possible solutions to the problem of crime are indicated.

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Рисковото поведение и защита на децата от престъпни посегателства

Author(s): Ivanka Koleva / Language(s): Bulgarian Publication Year: 0

The article examines the problem of juvenile delinquency. The importance of adequate time identification and handling of children's risky behavior is explored. The need for enhanced protection and prevention in the education and growth of children is emphasized. Relevant statutory measures to combat the anti-social behavior of minors have been analysed.

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Possibilities and Difficulties of Using Artificial Intelligence in Sports Arbitration Disputes

Author(s): Jiří Navrátil,Denisa Zimova / Language(s): English Publication Year: 0

The development of computing technology in the field of artificial intelligence (AI) has made it possible that even the current artificial intelligence can not only replace human intelligence in some areas, but can also surpass it with a great advantage. If artificial intelligence can beat any chess player, including world champions, by such a margin that it wins all chess games, the question naturally arises whether artificial intelligence can replace humans in some other intellectual activities, for example in the field of law. This contribution attempts to outline both the performance capabilities of current computing technology and the possibilities of using artificial intelligence to decide in the legal cases in sports arbitration. In doing so, it highlights the strengths and weaknesses of artificial intelligence, the difficulties of its use in sports arbitration, and also suggests possibilities for further developments in this area.

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DEATH AND CIVIL LAW

Author(s): Dubravka Klasiček,Tomislav Nedić / Language(s): English Publication Year: 0

Death represents the end point of aging and life is an inherent part of nature. However, it is also of great importance in many areas of law. As a legal fact, death is essential in civil law and in legal relations governed by civil law. In bioethical scientific circles, the final point of life has come to the fore, which is of the utmost importance for civil law. In civil law, it is crucial to determine the exact moment of death because since Roman law, death has been a fact that determines the end of a person’s legal subjecthood, causes legal affairs mortis causa to take effect, is one of the main prerequisites of inheritance law, and causes certain uninheritable rights and obligations to cease. The first part of this paper will focus on particular bioethical, legal, and medical issues concerning death. The second part will focus on the civil law regulation of death in Roman (private) law. Finally, the third part will deal with the consequences of death in certain parts of contemporary civil law, as well as with natural persons and their legal subjecthood.

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Changing Circumstances and the Crisis of International Law. The Rebus Sic Stantibus and Its Use in Legal, Political and Contemporary History

Author(s): Nathaniel Boyd / Language(s): English Publication Year: 0

In the current era of overlapping crises, we are discovering new vulnerabilities in international law. 'Rebus sic stantibus' is the principle that treaties and agreements can be revised or annulled when significant changes in circumstances occur, thereby undermining the stability and predictability of international relations. By analysing legal, political and contemporary history, the article explores how this principle has been used and interpreted in different contexts. It examines relevant case studies that highlight the application or rejection of this principle in the face of political crises and significant changes in the international landscape. Discussions on the authority and effectiveness of international law in the face of current challenges are also relevant, and possible directions for future development of this concept are suggested.

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Possibilities for the Use of Artificial Intelligence in the Activities of the Judiciary

Author(s): Diana Dimitrova,Darina Dimitrova / Language(s): English Publication Year: 0

The implementation of artificial intelligence (AI) in various parts of the workforce is already a fact, but the impact of technology is in all areas of public life. Digitalization not only affects economic processes, it also leads to a transformation in the sphere of judicial proceedings. In Bulgaria, as part of the European Union, the digitalization of the judicial system is based on acts of the European Parliament transposed into national legislation. The aim of this paper is to examinate current issues related to various possibilities of using AI in the activities of the judiciary and to discuss the results. In order to realize the set goal, the authors use the traditional methods of legal research - induction, deduction, normative and comparative analysis. On the basis of the study conclusions are drawn about the need for improvement of the legal framework, need of professional knowledge in the field of information technology of the employees in the judiciary. The present study was developed in the framework of the national scientific project NPI № 57 of 2022 on the topic "Legal Relations and Status of Persons in the Judiciary in the Conditions of Digitalization".

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