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The report shall examine the legislation on determining and paying the remuneration for legal aid by a special representative appointed under Art. 47 para. 6 of the CPC. Interpretative Decision No 6/2013 on Interpretative Case No 6/2012 at the General Assembly of Civil and Commercial College of the Supreme Court of Cassation. Cassational case-law of the Supreme Court of Cassation and the Supreme Administrative Court. Possibilities for reducing lawyer‘s remuneration, including the remuneration of a special representative in legal aid, admitted under Art. 47 CPC – Judgment of the Court of Justice of the European Union (EU) of 23.11.2017 under Joint Cases C-427/16 and C-428/16. The change of art. 47 para. 6 CPC on the possibility of reducing the minimum amount under an Ordinance on minimum lawyers‘ remuneration adopted by the Supreme Bar Council. Problems in relation to the correct determination and payment of the remuneration of the special representative before and after the new regulation.
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The article examines the institution of the European Ombudsman, which embodies an independently functioning mechanism for public control. „Soft” supervision guides the standard in terms of access to information, as well as ensuring transparency in the EU‘s decision-making process. After reviewing the basic legal norms in this direction, actions related to access to documents and information in the EU are analyzed. Attention was also drawn to the European Ombudsman‘s own-initiative inquiries. The mechanism of influence in relation to the detected cases of bad management and protection of the right to good administration is studied.
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The study is devoted to the issue of the application of art. 84, par. 3 of the Bulgarian Personal Documents Act. In particular, the study critically analyzes the application of this legal provision and proposes a revision de lege ferenda. The study presents the author’s analysis and conclusions, as well as doctrinal opinions and case law on the issues raised.
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The material examines the case law on the application of Art. 1. para. 1, last hypothesis from the Act on the Liability for Damages Incurred by the State and the Municipalities (ALDISM) after the latest version of the law. This change is related to the explicit settlement of the possibility to claim compensation for damages, caused by the effect of repealed as illegal or declared null and void bylaws. The objective of the research is to come to generalized conclusions and to make proposals for improving the regulatory framework. Methods of analysis and comparison were used.
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The report considers the issue of the procedural nature of the seizure of samples for comparative examination in the pre-trial proceedings as a non-independent action part of the expertise. The procedural prerequisites for its conducting are also discussed. Another object of analysis are the peculiarities in the proceedings before the court of first instance for compulsory seizure of the samples when there is no other way to obtain these samples and there is a refusal of the persons (witnesses and defendants) to provide them voluntarily.
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This work explores various aspects of public and private law.
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The report examines some of the legislative possibilities for modification to a public procurement contract. The actual composition of a change to a public procurement contract in the hypothesis of Art. Art. 116, para. 1, item 3 of the Public Procurement Act and the factual composition of business frustration under Art. 307 of the Commercial Law are briefly analyzed and compared. The author comes to the conclusion that in the event of a significant change in circumstances after the conclusion of a public procurement contract, which change leads to the occurrence of a subsequent exceptional burden of the due performance (non-equivalence of counter-performances) and if the preservation of the public procurement contract in an unchanged state contradicts justice and good faith, it can be applied the institution of business frustration, regulated in the commercial law.
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Construction is a dynamic process, which is carried out in accordance with an approved investment project and a building permit issued on its basis. The Law on Spatial Planning (LZP) allows the amendment of the investment intentions in the course of construction. Changes may affect the project's provisions with respect to individual independent objects, their boundaries, their intended use and square meters, to take away or modify common parts of the building, etc. At the same time, Article 181(2) of the LZP provides that the ownership of a separate object may be transferred after the completion of the building in rough construction, which precedes the completion of its construction, and it is in this case that the amendment of the investment intentions may affect the acquired separate objects. The effects of the change of investment intentions are described in this report.
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The report is dedicated to the liability for foreign tax debt, regulated in the TIPC. Emphasis is placed on the prerequisites for the emergence of this specific type of legal liability inherent only in tax law. In this aspect, attention is paid to the practice of the SAC in tax matters related to the issues that are looked under consideration.
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In recent years, there have been more frequent cases in which, the issuance of a preliminary measure suspending the enforcement proceedings is requested. The peculiarity of this measure consists in the various procedural conditions that the law. It is important whether the measure is requested in an already pending cases or in a proceeding to secure a future claim. These differences from other security measures require consideration of the problem from all possible procedural aspects.
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The article examines the question of the construction of a provision in the Civil Procedure Code, authorizing Supreme Court of Cassation to designate proper venue when rules of jurisdictional venue are insufficient to determine it. It is argued that the statutory provision envisions a venue of last resort and embodies an inherent jurisdiction by SCC as having supervisory judicial power. A recent judicial case in point is examined.
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This report examines the judicial practice related to the conduct of procedures for leasing property owned by public enterprises. A comparison is made with the judicial practice under the old regulations and the application of interpretative decision No. 3 of 06.27.2016 is considered. General shortcomings of the old and new regulation regarding commercial companies with state participation in the capital are pointed out and a proposal is made for legislative change, which is valid for all public enterprises.
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The purpose of this report is to analyze the extent to which it is possible to introduce a legal definition of ''business'' in the Bulgarian tax law. On the one hand, this may be a welcoming idea in order to clarify other relevant concepts. For example, the term ''business activity'' is outlined in the international tax law. On the other hand, national practice provides guidance on its legal features. This raises the question of whether the theory really needs to pay special attention to this aspect as well or whether there are a number of risks.
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The subject of the report is the right to privacy of the so-called ''public persons'' (more precisely of those who are known to the public because they are engaged in work in the public interest). The aim is to strike a balance between this fundamental human right, on the one hand, and freedom of expression and freedom of information, on the other. Arguments are put forward in favor of the view that the privacy of the ''public figure'' should be as protected as that of other citizens.
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The report aims to analyze some of the tax consequences that occur in the disposal against consideration of Bulgarian shares or stocks by foreign legal entities. The Corporate Income Tax Act (CITA) is the normative act that regulates these consequences. Moreover, the CITA regulates a different regime depending on the quality of the transferor of the Bulgarian company shares or stocks – whether it is a local legal entity or a foreign legal entity. The report below analysis only the tax implications for foreign legal entities. The essence of the withholding tax under CITA, the object of taxation, the subject of the tax, the specifics of the tax event and the determination of the amount of the tax liability and the rules for declaring and paying the tax are analyzed.
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Inheritance in accordance to common law is characterised with firm terms, most of which remain the same even today. This article presents the basic terms in relation to inheritance and their nuances in different Bulgarian regions. The purpose of this text is to examine the most common terms by researching the essence, methods and features of inheritance in the context of common law.
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In the last decade, climate change and the need for sustainable development have been increasingly discussed in terms of future goal-setting, legislative amendments and transformation of the current practices. In the last three years, however, the topic has become a leading one not only at the European level, but also on a global scale. There has been talk of a transformation of thinking, and most areas of our lives are affected by new regulations motivated by achieving a fair and smooth transition to climate neutrality. The financial sector is not left out of the trend, seeing serious innovations aimed at supporting the common cause, namely by aligning part of the financial flows with the desired climate change-resistant development, but also by directing them in the direction of financing the intended transition. This publication aims at examining and summarising the adopted legislation in the area of sustainable development in the financial sector, while drawing attention to some problems related to its implementation.
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The Law on the Protection of Public Order in the Conduct of Sports Events includes a number of administrative obligations towards the organizers of public events of a sporting and competitive nature. Some of the obligations are related to the provision, depending on the right of access of persons to the territory of the sports area where the sporting event is held. It is comprehensive to ensure the safety and security of participants and visitors in order to monitor public order, excluding the implementation of anti-social acts and others. Failure to comply with the obligations could lead to the application of administrative penalties to the organizer.
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In the paper, the process of management of the public debt has been presented. The normative documents have been indicated through which management of the public debt is regulated in Bulgaria. The main aspects of the process of management of the public debt have been reviewed.
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