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This article deals with state liability for damages arising from application of three groups of illegal enactments: uncostitutional laws; laws, incompatible with international law and unlawfull administrative normative acts.The state is liable for damages which are in direct causal link with enactment in all the cases of unlawful administrative enactments and in some cases of laws, contraven- ing international law provisions. In all the other cases only the damages arising from acts issued on the basis of the illegal enactment can be repaired; these are the damages from administrative acts and from judgements, issued on the basis of the enactment. The reparation is possible after the repealing or declaring null and void of the acts issued on the basis of the illegal enactment. The judgements on the illegality of the enactments have two major effects serving as grounds for such repealing or declaring null and void. The first legal effect consists in the establishing of the illegality with res judicata. The second one consists in the enactment's cessation to apply ex nunc. After repealing or declaring null and void of the acts issued on the basis of the illegal enactment, the in- jured party may claim reparation according to State Liability Act for Damage Inflicted on Citizens.
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Civil Service has been in the past continuously neglected by the domestic legal order and almost brought to unification with the Labour Code regime. In the context of transition a new legislation on civil service and it's principles was adopted. The content of the proclaimed principles and their interpretation, embodied in the Law on the Civil Servants could not be accepted as a proper reflection of the institution and it's perspective in Bulgaria now. With regard to the process of harmonisation of Bulgarian legislation with the European Union legislation, the civil service has to abide by the catalogue of the principles of Community law such as the principle of publicity, principle of transparency, and the principle of continuity. In the desired perspective, within the framework of Acquis communautaire the principles of non-discrimination, proportionality, protection of le gitimate expectations, courtesy, absence of abuse of power, impartiality, independence and objectivity might be considered by the legislation and the legal theory.
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The study of the reasonableness standard will be a long-lasting task for the legal academic community and for the practicing professionals due to its value and complexity, its significance and social impact, as well as its importance for practice. The research aims to elaborate a comparative analysis on the objective reasonableness standard, as well as the qualified immunity doctrine that is essentially related to the above-mentioned standard.
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In this article, a relatively new civil procedural institution from the Code of Civil Procedure of the Republic of Moldova was analyzed. All the procedural conditions in which judicial mediation takes place were analyzed. Those problematic aspects regarding the application in judicial practice of this legal institution were not overlooked. Likewise, those legislative imperfections existing in the Code of Civil Procedure on judicial mediation that we propose to be removed by amending and supplementing this legislative act were highlighted.
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The international exchange of goods and the import and export of goods from and on the territory of the Republic of Bulgaria in particular puts forward a number of issues related to the occurrence of an import customs obligation. It is of significant importance is to clarify when this particular obligation occurs; who is the person who bears the obligation; for what duty and charges are paid with equal effect; where is the place where this obligation occurs. These issues are the topic for the present study.
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The regionalization of the water supply and sewerage service will lead to overcoming the current fragmentationof the sector, improving the efficiency of local water and sewerage infrastructure and services, quality and affordable costs, attracting investment, harmonious long-term development of local communities.
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In this paper, we will analyze some aspects related to legal regulations of goods of public domain from Republic of Moldova and the way of perceiving and application in practice of these regulations.
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The grave situation in the field of road traffic safety determines the firm intervention of the state in order to prevent and combat effectively, in particular, the acts of drunk driving, which has been confirmed to be one of the main causes of road accidents. In this context, the state established the responsibility for this type of deviant behavior, incriminating the facts of driving the vehicle in a state of alcohol drunkenness with a minimum degree, handing it over a person who is in a state of alcohol drunkenness, at art. 233 the Contravention Code of the Republic of Moldova. A profound analysis of the structure and content of article 233 of the Contravention Code allowed us to form the opinion that the author of the norm was badly inspired, admitted several errors and technical-legislative deficiencies, and neglected the basic requirements that must meet the normative acts, which determined a misinterpretation and misapplication of that rule.
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The article includes a brief analysis of the protection of historical and cultural values, based on some aspects and issues in defense of these values that represent the destiny of this people, their identity and the sacred force they can hold.
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Questions relevant to the improvement of the legal settlement of the customs fraud are submitted for theoretical discussion in the article. The considered structure of the customs violation was initiated in the Bulgarian customs legislation in 1999 along with the new Customs Act, as in 2000 some considerable changes of the original text were made. Up to now the disposition of Art. 234 is combination of generally used and juridically defined terms, some of which are defined in other legal acts. On this basis the author accepts that the disposition of Art. 234 is combination of referring (to other Sections of the Customs Act) and blanket (directing to other legal acts) regulations. This legislative decision is criticized in the article and there is pointed out that the referring does not specify what those ,other legal acts" may be. There are also no directions for the authority competent for the publishing of the relevant act. The author develops further the adopted in the Bulgarian legal system two-stage administrative penalty regulations (first stage - Art. 6 of the general Administrative Penalty Act, second stage - the particular regulation of the relevant act), as he points out that there is also possibility for existing of third stage which should be consistent in other legal act different from the previous two but part of the content of the administrative penalty structure. This legislative solution is necessary because of the peculiarities of the structure of the customs fraud which technically by no means can be written in Art. 234 of the Customs Act. As this situation suggests certain freedom for the authorities creating regulations and enforcing the law and certain possibility for breaking of the principle of law permanence of the penalty, the author suggests that the criterion for violation unlawfulness should be determined only in the Customs Act. In conclusion some suggestions de lege ferenda for modification of Art. 234 of the Customs Act are made.
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The author s point of view is based on the irrefutable thesis that the ecological problems of modern society need flexible state ecological policy. He considers Bulgarian legal regulation devoted to the very problem by analyzing it and defining the basic principles of the ecological policy of the Republic of Bulgaria. In conclusion some important inferences and recommendations are made concerning the approximation of Bulgarian law in the field of ecology to European law.
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The article deals with the concepts of „functions" and „competence" in accordance with the theory and legislature. The interrelation between the two is shown. Competence is realized through juridical acts, which are passed by the state governing bodies. Examples of legislature where the functions, competence and acts are found are given.
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The article is entirely devoted to the issues related to the dismission from the service in the Police based on the Art. 41 (2) (4) Act on the Police. This provision conditions the dismission of a police officer from the fact of acquiring the right to a pension due to reaching 30 years of retirement service. Therefore, the prerequisite for the application of this legal ground for dismission from service was discussed. However, the decision in this respect is of a discretionary nature. Thus, it requires taking into account both the public interest and the legitimate interest of the party. Therefore, the limit of administrative discretion justifying the decision to dismiss on this legal ground was indicated.
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As Article 42(2) of the Polish Constitution provides: “Anyone against whom criminal proceedings have been brought shall have the right to defence at all stages of such proceedings. He may, in particular, choose counsel or avail himself – in accordance with principles specified by statute – of counsel appointed by the court.” This provision should be also applied to a legal situation of the accused in the petty offence proceedings. The purpose of this article is to point out the lack of an actual guarantee for persons with dysfunctions, indicated in Article 21 § 1 of the Petty Offences Procedure Code (KPW), to exercise their right to defence. This right is not fully exercised, although KPW Article 4 directly provides that “the accused shall have the right to defence, including the right to a counsel, of which s/he should be instructed.”According to Article 42(3) of the Polish Constitution, “Everyone shall be presumed innocent of a charge until his guilt is determined by the final judgment of a court.” According to the amendments mentioned above, this rule will be violated.
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