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THE ACTIVITY OF THE ROMANIAN SECURITATE ON
SPECIAL CURRENCY CONTRIBUITION

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THE ACTIVITY OF THE ROMANIAN SECURITATE ON SPECIAL CURRENCY CONTRIBUITION

Author(s): Corvin Lupu / Language(s): English Issue: 2/2019

The article highlights the activity of the commercial companies of the Securitate and the way in which the process of stealing the economic gains of the Romanian national economy started and also was ended. After December 22, 1989 and the formal termination of the Securitate, the huge amounts of money in the accounts of the Securitate remained in the accounts of the Securitate-officers who were credit directors and coordinated the account numbers, passwords and access codes. There was no Communist Party control of these amounts and they were only partially reported to the political leadership of the country. These amounts have disappeared entirely. They far exceeded the amount of Romania's external debt and were accumulated in the period when the people were afflicted by the economic crisis, artificially induced by those who were preparing to trigger the popular uprising behind which the state coup meant to remove Ceaușescu from power was covered. Removing Ceaușescu from power was ment to regain the political and military control over Romania by the USSR and the take-over by the Western economies of the Romanian place on the world market and the sources of raw materials in Romania.

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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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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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Същинските данъчни престъпления по НК на РБ – общи положения и проблеми, свързани с правоприлагането

Author(s): Roumen Vladimirov / Language(s): Bulgarian Issue: 8/2018

In the article under consideration are the basic features of the real three types of tax crimes.These are: avoidance of the establishment or the payment of tax obligations in big amounts – Article255 of the Criminal Code; the fulfilment of the same assault through allowed means – Article255а of the Criminal Code and the so-called tax fraud – Article 256 of the Criminal Code. The authorpays attention to some issues with regard to the regulation and the application of the norms ofthese offences. On the first place there is the issue of the subject and above all of the use of differentcriteria with regard to the content of the terms „big amounts“and „particularly big amounts“, including the cases of tax fraud under Article 256 of the Criminal Code. The second issue, which can now be considered to be solved by two interpretative decisions of the Supreme court of cassation, which provide a negative reply. In particular these are the questions whether the subject of those offences may be only the taxable person and whether it is a compulsory precondition that a tax assessment has been carried on and an amended assessment has been issued. The third issue is about the question how efficient are the norms for the real tax offences and the necessity for the amelioration of their legislative regulation, in which respect there exist some reserves.

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Сравнителноправен анализ между българското и руското трудово право относно проблема за „невъзникналото трудово правоотношение“

Author(s): Ivaylo Ivanov Staykov / Language(s): Bulgarian Issue: 8/2018

The subject of the scientific study in the paper is the comparative analysis between the currentpositive legal regulation of the so-called „labour relationship which has not come into being“in theBulgarian and the Russian labour law. A comparison is made between the legislative regulationof this issue in the second sentence of Article 63 (3), Article 86 (7) and the first sentence of Article96 (4) of the Bulgarian Labour Code and Article 61 (4) of the Labour Code of the Russian federation.In the current Russian labour law this legal institute is known as „annulment of the labourcontract“, which is a right of the employer. In Bulgarian labour law the problem with the labourrelationships that have not come into being is resolved legally and technically by means of the useof a legal fiction.

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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?

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

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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Влиянието на правораздаването върху законодателството в областта на гражданското и търговското право през 2018 г.

Author(s): Polya Goleva / Language(s): Bulgarian Issue: 1-3/2019

The Article researches the interaction between the jurisdiction and the legislative power in Republic of Bulgaria in 2018. On the basis of investigation of concrete acts of the parliament and decisions of interpretation, issued by the General Assemble of the Civil and the Commercial Colleges the influence of the laws over the decisions of the Supreme Court of Justice and concrete decisions issued by the court are revealed and the influence of concrete cases over the development of law. The two powers of the state are fighting for predominance, in particular in the year of 2018 and in particular on the field of the civil and commercial law. In some directions the legislative power is stronger than the court, but in other directions the court predominates the parliament. The interaction ends in the final analysis with the victory of the court when it makes decision by a concrete case.

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Влиянието на тълкувателната практика на ВКС върху развитието на законодателството в Република България

Author(s): Vasil Popov / Language(s): Bulgarian Issue: 1-3/2019

That article set itself the objective to consider the influence of the Supreme Court of interpretative practice at the Bulgarian legislation development. Have been analyzed processes leading to collisions between the Judicial System and Legislative System. There was presented cases, that they are leading to changes at legislation and have been examined there’s positive or negative impact effect.

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Влиянието на съдебната практика на ВКС върху развитието на законодателството в Република България

Author(s): Maria Tsokeva / Language(s): Bulgarian Issue: 1-3/2019

The article discusses the influence of the Supreme Court of Cassation practice over the Bulgarian legislation development. A subject of a detailed analysis is the jurisdiction of the Court, based on which the latter carries out its two main activities - judicial and interpretative. Further subject of analysis is the nature of judicial acts, laid down in this regard, as also their influence on our legislation from a theoretical point of view and via particular practice examples.

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REFLECTIONS ON THE RELATIONSHIP BETWEEN IUS PUBLICUM AND IUS PRIVATUM IN ROMAN LAW

Author(s): Gábor Hamza / Language(s): English Issue: 2/2019

The author emphasizes the contemporary significance of Roman law traditions. He points out that the idea of classification (divisio) of the Roman legal system originated in ancient Greek philosophical thinking. He also emphasizes that the classification or partition of ius civile is in no way related to the present-day classification of the legal order (system) into various ‘branches’ of law, particularly in civil law jurisdictions. Referring to a number of examples, the author proves that Roman law did not recognize a separation between public and private law as it is recognized today in many jurisdictions. He points out, in compliance with the thoughts of Azo, the ‘danger’ of this separation. The division is hardly able to provide any contribution to an adequate interpretation and development of law, since it evokes the possibility of the disintegration of the legal system.

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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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The impact of using electronic payment methods on transparency and disclosure:

Author(s): Aridah Mamoun Walid,Ramadhan SHERZAD / Language(s): English Issue: 02/2020

In the last 10 years ago the world has fast changed especially after information and communication technologies (ICT) revolution which affect all areas one of them is electronic payment systems.One of the principles of corporate governance is transparency and disclosure which requires the provision of an infrastructure of supporting laws, policies and legislation to have High-quality information that helps investors, stakeholders, the Board of Directors and the Executive Management in making decisions at the right time.This paper aims to identify the nature and types of electronic payment systems (EPS) instruments applicable in Jordan, and how its effect on corporate governance especially on transparency and disclosure, and the challenges associated with it, by study the relation between the application of electronic payment procedures and corporate governance.Jordan has a good development in the fields of commercial banking and now begin to apply electronic payment systems in government transactions. there are many studies have been done on the advantages of electronic payment independently of corporate governance and without addressing its effects on enhancing governance through transparency and disclosure and the impact on financial reports for companies and government, and In developing and expand the base of beneficiaries.Jordan is a regional center in the Middle East and has many telecommunications companies, information systems, and telecommunications services that have reached advanced levels, but still, a large percentage of citizens do not use these services yet, but in 2020 all governmental services will be paid by electronic payment systems.Through this paper and reviewing previous studies, we have reached the following points1. Many citizens are still concerned about their financial assets and are unsure about the security of their financial information2. The media plays a negative role through messages that are transmitted through official and non-official media3. There is still a need for more educational programs and seminars on the mechanisms of using electronic payment methods and their advantages4. Continuing and expanding the use of electronic payments will be directly reflected in the provision of greater transparency and disclosure that will enhance corporate governance.

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PUBLIC POLICY: AN AMORPHOUS CONCEPT IN THE ENFORCEMENT OF ARBITRAL AWARDS

Author(s): Akosua Serwaah Akoto / Language(s): English Issue: 1/2021

Public policy permeates the legal principles of a state and its ruling government. The justification of public policy is topical to the ethics and canons acknowledged by that state. These values are determined by the applicable political, social, economic, religious, and legal systems, which differ among states. As public policy usually best illuminates the broad area of government laws, regulations, provincial ordinances, and court decisions, the standards creating public policy alter as states develop. The motif of public policy is critical when the question of enforcement of arbitral awards suffice. There is no definite meaning of the term in the famous Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Arbitration Convention) to enforce foreign arbitral awards. Hence, this paper explores and traces some contemporary trends in defense of public policy as an exception to the enforcement of arbitral awards worldwide.

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THE IMPACT OF GLOBALIZATION AND THE INTERCONNECTEDNESS WITH THE COMPREHENSIVE ECONOMIC AND TRADE AGREEMENT BETWEEN CANADA AND THE EUROPEAN UNION

Author(s): Marija Fileva / Language(s): English Issue: 1/2021

Elimination of the trade barriers and stimulation of business activity through trade liberalization led to the expansion in the field of the global economy. There are plentiful hesitations about who gains the highest benefit from free trade, especially when it comes to the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union. Analogously, the previous mention guides to the dilemma about the trade negotiations and their position in the same agreement in which are the labor standards. Additionally, trade liberalization has influenced the creation of a close link connection between trade, labor, and globalization. This paper focuses on the effects of globalization and trade liberalization with their connection apropos the provisions from CETA; especially with an emphasis on Chapter 23: ‘Trade and Labour’.

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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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HISTORICAL – JURIDICAL KEYS ON THE ORIGIN OF THE CONCEPT OF ABUSE OF RIGHT

Author(s): Carmen Salcedo / Language(s): Bulgarian Issue: 2/2020

The non-existence in Roman Law of jurisprudential theories, specific terminology or legal provisions prohibiting the abuse of rihgt does not prevent us from affirming that surely, based on the general interest of peaceful coexistence and by application of principles of justice, good faith and equity, there were specific actions prohibited in defense of the concurrent rights of others that would lay the foundations on which the current doctrinal and normative conceptions regarding the theorizing and regulation of the abuse of rihgt are based.

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TESTAMENTARY FREEDOM AND THE 'GUALDENSE' OR SOCINI MEASURE OF CAUTION. BACKGROUND AND HISTORICAL DEVELOPMENT

Author(s): Maria del Pilar Perez Alvarez / Language(s): English Issue: 2/2020

Our study focuses on the measure known as the Socini caution, its background in Roman Law and its subsequent formulation and development until its codification, some records of its reception remaining in current Spanish Common Law. The Socini measure of caution consists in the testamentary provision granting the inheritor of the legitime, or 'forced heir', the choice between accepting the testator's disposition, leaving more than the lawful share of an inheritance but subjecting it to an encumbrance, or receiving only the strict 'portio legitima' and renouncing the excess. This precise concept of the caution is examined herein. This figure is on the borderline between testamentary freedom and respect for the 'portio legitima', or what is known as ‘the qualitative intangibility of the legitime’, which is tantamount to a restriction on testamentary freedom. Therefore, before analysing these testamentary cautions I shall briefly refer to the historical background and development of the legitime and its legal nature, in order to set the context for this study.

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ИЗРАЗИТЕ „RES PERIT DEBITORI“, „RES PERIT CREDITORI“ И „RES PERIT DOMINO“

Author(s): Patrick Wery / Language(s): Bulgarian Issue: 2/2020

Many Latin expressions and maxims are used in the legal literature dedicated to the Law of Obligations. But these expressions could not be always perceived literally and without any reserves. Some of these sentences are given a meaning far different from their literal interpretation. Others are redundant and do not add anything to what the legislation already provides. In its judgment of 5 May 1981 the Belgian Court of Cassation declared that 'the Latin maxim does not in itself constitute a general principle of law'. The article examines the Latin maxims "Res perit debitori", "Res perit creditori" and "Res perit domino", which the doctrine uses as principles to explain the theory of risk, which makes a difference between the contracts that transfer property on the one hand and those which do not fullfill such a transfer, as well as between the consequences of force majeure for the obligations of the debtor and between the contract itself.

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ВАРИАЦИИ ВЪРХУ "PACTA SUNT SERVАNDA". ОКОЛО И ИЗВЪН ФРЕНСКИЯ ГРАЖДАНСКИ КОДЕКС

Author(s): Pierre Jadoul / Language(s): Bulgarian Issue: 2/2020

Over the time, the experts spared no praise and competed for compliments to describe the French Civil Code entered into force on March 21st 1804. Nevertheless, on the bicentennial anniversary of this code the famous French lawyer Robert Badinter noted: „The most remarkable about the Civil Code today is its longevity rather than its content.” The article provides a brief overview of the process of creating of the French Civil Code, the preparatory actions and discussions, as well as their modern re-evaluation, mainly in connection with the general theory of the obligations and the principle of "Pacta sunt servаnda".

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