Нормативните актове на общинските съвети

Author(s): Vanya Valkadinova / Language(s): Bulgarian Issue: 4/2008

The article is focused on the normative acts issued by the municipal councils. These acts have a particular significance as legal regulators of public relations in the municipal self-government process. This study deals with the following issues: the problems referring to the concept of a normative administrative act; some special features of the municipal administrative acts; the regulations and instructions as normative acts under the Law on Normative Acts and the Administrative Proceedings Code. The aim of the analysis is to set forth some common similarities and differences which would give the opportunity to assess the advantages and disadvantages of different approaches to the discussed problems.

Нормативні і процесуальні підстави юридичної відповідальності судді

Author(s): Yaroslav Skoromnyy / Language(s): Ukrainian Issue: 12/2020

The article defines the basic principles of formation of normative and procedural grounds of legal responsibility of a judge. It has been found out that bringing a judge to a legal obligation by the regular basis indicates the necessity to enshrine the relevant list of offences in law. It has been determined that getting a judge to legal responsibility on regulatory grounds means committing an illegal action (from an objective point of view), primarily enshrined in the appropriate level of regulatory prohibitions. It has been established that the main essence of the factual basis for bringing a judge to legal responsibility is the action or inaction of a judge which indicates a prohibited legal norm, including offences. It has been found that the essence of the procedural and legal grounds for bringing a judge to legal liability primarily depends on the clarity of the decision of unique bodies that are competent in the field of imposing measures of legal liability on a judge. It has been proved that the procedural conditions for bringing judges to justice today are interrelated with the initiative of proceedings against them. It is determined that the basic principles of bringing judges to justice should be interpreted as objective signs of an act (action or inaction) committed by a judge on illegal grounds, which is the fundamental right that guarantees the victim of offence administration of fair justice is damaged. Researching the critical grounds for bringing a judge to various types of legal liability for committing an offence as prospective in further research in this direction has been suggested.

НОРМАТИВНО РЕГЛАМЕНТИРАНИ ДЕЙСТВИЯ И КОНТРОЛНИ ПРОЦЕДУРИ ЗА ПРЕВЕНЦИЯ НА КОРУПЦИЯТА

Author(s): Ivelina Petkova / Language(s): Bulgarian Publication Year: 0

Effectiveness in the fight against corruption requires the establishment of an effective legal framework appropriate to the type of management structures and control system in the country. The purpose of this report is to analyze and evaluate the regulations for the prevention of corruption, and on this basis make proposals for the introduction of adequate mechanisms and preventive controls at each stage of the processes in which to ensure the successful implementation of the activities. The development of measures that are of different preventive nature should be integrated into a comprehensive substantiated document to serve as a strategy to counteract corruption.

Носенето на предпазни средства (маски) по време на пандемия – административно задължение за опазване на общественото здраве

Author(s): Simonna Kirilova / Language(s): Bulgarian Issue: 1/2022

The COVID-19 pandemic has changed the world dramatically. We will probably never see it again as it was before the appearance of the virus. We have all witnessed things that were very far away from us and have now become part of our daily lives. The virus has settled among us, and fear has settled in our hearts. We got used to hide in our homes or behind our masks, to avoid contacts, hugs. All happening around the virus started to excite me a lot from the first months of its appearance in Bulgaria together with the introduction of the state of emergency. I started asking myself different questions and looking for their answers. All topics around the coronavirus continue to be discussed until today – vaccines, restriction of fundamental rights, wearing personal protective equipment. With the research I did, I tried to answer some basic questions, referring to different regulations, as well as to give different points of view to practicing lawyers, opinions of the World Health Organization, as well as my own view.

Някои актуални проблеми в правната уредба на клиничните изпитвания на лекарствени продукти

Author(s): Veska Gergova / Language(s): Bulgarian Issue: 5/2022

The article analyzes the legal framework on clinical trials of medicinal products under Regulation (EU) No 536/2014 of the European parliament and of the Council, in particular the authorization procedures for a clinical trial and substantial modification of a clinical trial. Both the achievements of the legislation and some gaps are discussed. They are commented in relation to the national legislation under the Medicinal Products in Human Medicine Act. Some recommendations and de lege ferenda proposals are made.

Някои бележки по съдебната практика по Закона за държавния служител

Author(s): Bogdan Yordanov / Language(s): Bulgarian Issue: 5/2004

Някои въпроси относно възлагането на публичноправни функции на нестопански организации

Author(s): Galina Cherneva / Language(s): Bulgarian Issue: 6/2002

НЯКОИ ДИАХРОНИЧНИ ОТРАЖЕНИЯ НА ДЕФИНИЦИЯТА ЗА ДОГОВОРНАТА ИЗМАМА В РИМСКОТО ПРАВО

Author(s): Emmanuelle Chevreaux / Language(s): Bulgarian Issue: 1/2021

The French reform of contract law, and in particular the publication of the Ordinance of 10 February 2016 on the reform of contract law, offers an opportunity to make some remarks on the subject of the Roman definitions of dolus malus. In fact, the new Article 1137 of the French Civil Code introduces for the first time the definition of fraud. This is a novelty in the legislation, as the drafters of the Civil Code of 1804 (Napoleon's Code) did not propose any definition of fraud, although Pottier in his "The Doctrine of Bonds" adopted the famous definition of dolus malus by the Roman jurist Labeon. It was formed in the legal doctrine and case law of the XIX century, and for this purpose the Roman legal sources are analyzed.

Някои слабости в екологичното законодателство

Author(s): Georgi Penchev / Language(s): Bulgarian Issue: 1/2004

О ОРГАНИЗАЦИЈИ БАШТИНСКИХ КЊИГА У НЕМАЧКОЈ

Author(s): Lazar Marković / Language(s): Serbian Issue: 1-6/2000

О ПОЈМУ УПРАВНОГ СПОРА

Author(s): Dragan Milkov / Language(s): Serbian Issue: 5/1993

Administrative litigation is a kind of judicial control of administration. Its notion is determined in various ways in legal theory, so that it is not possible to provide an abstract and universal definition, which would be valid for all national systems. Differences in defining this notion stem out of various needs of individual countries, of different times and prevailing ideas in this matter, as well as out of attitude of specific authorities in legal literature. Greatest contribution in defining administrative litigation is effected by the authors of a country which has created this legal institute - France. They define it primarily in terms of public service. German authors, on the other hand, did not engage much in that problem, while general conception in that country involved referring to its subject matter, namely, administrative act. In Yugoslavia there is a statutory definition, according to which administrative litigation is a judicial procedure to settle the legality of and administrative act of a state agency, or a non-state subject carrying out public powers, and the one to decide on rights and duties in an administrative matter. Yugoslav theory of law has only attempted, while using the same elements of the above statutory definition, to determine the notion of administrative litigation in a simpler way (with some exceptions). Thus, administrative litigation may be defined in the simplest and most concise manner as a litigation concerning the legality of an administrative act before a court.

О ПОТРЕБИ УВОЂЕЊА ПОСЕБНИХ УПРАВНИХ СУДОВА У НАШЕ ПРАВО

Author(s): Slavoljub Popović / Language(s): Serbian Issue: 4/1995

There are three systems in theory' and practice of organizing the control of administrative acts by state authorities: (i) deciding in administrative controversies within the administration itself; (ii) deciding by special administrative courts (so-called continental or European system); and (iii) deciding by the general jurisdiction courts. The examples of the first system are the one applied in the former Soviet Union and the institution of the judge-administrator, practiced at one time in France. Continental system is characterized by special administrative courts which are analyzed through the examples of France and Italy. The German system, somewhat different, is reviewed through the examples of Austria and Federal Republic of Germany. The Anglo-Saxon system is depicted through the practice and institution of judicial control of administrative acts in England and the United States. The subject matter is also treated concerning the old Yugoslavia, followed by treating legal position of administrative judiciary in the former Socialist Federal Republic of Yugoslavia and of jurisdiction of relevant corts in the present-day Federal Republic of Yugoslavia. The final part of the paper concerns the reasons for introducing special administrative courts in our legal system.

Обезценяването на принципа на публичност в съдебния процес

Author(s): Mladen Mladenov / Language(s): Bulgarian Issue: 7/2022

The devaluation of the principle of publicity of the judicial process comes as a result of the imposed negative tendency to limit the number of persons present in the courtroom. It is a guiding constitutional rule that the trial of cases in all courts shall be public, except where otherwise provided by law. As an exception to the principle, the publicity of the judicial process can be limited only for reasons specified in the procedural laws. Judicial voluntarism and deviation from this principle is inadmissible.

Обект на митническите нарушения

Author(s): Ventsislav Velikov / Language(s): Bulgarian Issue: 6/2000

In the article are discussed the questions about the object of the customs violations. The object of the customs violations is the public relations that they affect. At the moment the Administrative Violations and Penalty Act and the Customs Act indicate that the object of the customs violations is only the established state order for transportation of goods though the customs border. The author criticizes that suggestion and points out that the customs violations do not affect only the established order for transportation of goods but they also affect very fundamentally the economic relations in the Republic of Bulgaria. In the article the author indicates that the legislator does not take the necessary measures to protect with juridical means the economic relations affected by the customs violations and gives a suggestion de lege ferenda for improvement of the Administrative Violations and Penalty Act and the Customs Act. As an argument the author points out the opinion of other Bulgarian and foreign authors and makes a comparison with the Competition Protection Act that protects only the economic public relations in the country.

Обекти, защитени от принудително изпълнение при събиране на държавни вземания

Author(s): Valya Varbanova / Language(s): Bulgarian Issue: 1/2003

Обжалване на данъчните облагателни актове по съдебен ред

Author(s): Georgi Petkanov / Language(s): Bulgarian Issue: 4/1999

Apart from the administrative appeal of tax acts, they can be appealed in court as well. In contrast with the administrative appeal where the existence of a special clause is required, the court appeal is grounded on the so-called Dcommon clause, for the individual administrative acts' appeal.In logical order the article deals with the object of appeal; the conditions under which an appeal is permissible; the procedure; its character and the power of court. The study covers the controversial issues in legal theory and court practice mainly. Anumber of suggestions for the improvement of the tax legislation are made.

ОБЈАВЉИВАЊЕ ЗАКОНА И ДРУГИХ ОПШТИХ АКАТА – СКРИВЕНЕ МОГУЋНОСТИ ЕЛЕКТРОНСКЕ УПРАВЕ

Author(s): Zoran Jovanović,Stefan N. Andonović / Language(s): Serbian Issue: 91/2021

The contemporary democratic values and the rule of law principles imply that all citizens are familiar with the laws and general acts passed by state bodies. Familiarity with the legal norms is the cornerstone of organized society, based on legal foreseeability and the possibility for making plans and decisions. For this purpose, the Constitution of the Republic of Serbia stipulates the obligation to publish laws and other general acts in the public journal (Official Gazette) before their entry into force, so that all interested parties can get familiar with them. However, in the contemporary circumstances of extensive legislative work and a huge number of regulatory acts which are enacted on a daily basis, it seems that citizens and business entities cannot keep up with them all. It poses a risk of harmful consequences for the state, citizens, business entities and other interested stakeholders who fails to comply with the enacted provisions. It gives rise to the following question: is the mere act of publication of laws and general acts in the Official Gazette sufficient in terms of making the interested subjects aware of the new laws and making them comply with the enacted provisions? The authors of the paper believe that it is necessary to go a step further, in the direction of ensuring the active role of the state and, in particular, transforming the mere “publication” of laws into the practice of providing “information” about new regulations. Digitalization and e-government offer ample possibilities for informing the citizens about new regulations. By using different electronic communication tools and developing the potentials of one-stop-shop administrative services, state authorities may ensure a higher degree of compliance with the enacted legal norms. In this paper, the authors aim to contribute to the discussion on these issues by offering their proposals on this matter.

Обратно действие за обратните несъответствия при хибридни образувания в българското данъчно право

Author(s): Stoycho Dulevski / Language(s): Bulgarian Issue: 6/2022

Law on Amendment and Supplementation to the Corporate Income Tax Act (LASCITA) has been promulgated in issue 14 dated 18 February 2022 of the State Gazette. The reverse hybrid mismatches have been introduced in the Bulgarian tax law. This was dictated by the requirements of the secondary EU tax law. It is noteworthy that their entry into force is retroactive for more than a month and a half, namely from 1 January 2022. In this regard, the question arises whether it is an appropriate legislative approach. For the purposes of this paper, attention will be paid both to the theoretical and practical aspects of substantive tax legal norm. Such analysis would be useful by subsequent amendments in the national tax legislation.

Общество и право

Frequency: 6 issues / Country: Bulgaria

<p><strong><em>Society and Law</em></strong> journal was first published on October 1, 1979 as a monthly of the Union of Bulgarian Jurists/UBJ and the Ministry of Justice and that collaboration continued till the end of 1992.</p> <p>At the end of 1994 after 15 years of publication the journal was suspended due to financial reasons.</p> <p>In 2000 the UBJ re-launched <em>Society and Law</em> &nbsp;with the task of continuing the long-year tradition of discussing and clarifying the correct application of laws and other legislation acts, improving the professional qualification of the legal practitioners, assisting the businessmen&nbsp; in conducting their businesses and settling the problems they encounter, increasing the legal &nbsp;knowledge of the citizens.</p> <p>The journal gives floor to prominent representatives of the legal thinking, who review the most topical issues of the judiciary, the case law and the legislative activity, as well as to the legal practitioners &ndash; judges, lawyers, public prosecutors, investigators, legal advisers and police investigators. We bring to the attention of the National Assembly/Parliament &ldquo;de lege ferenda&rdquo; and legislative solutions of pressing problems. Particular attention is devoted to the European legislation and practice.</p> <p>The journal is published in 10 issues per year.</p> <p>In 2018 <em>Society and Law</em> was included in the National reference list of contemporary Bulgarian peer-reviewed scientific reviews, maintained by the Ministry of Education and Science via the National Centre for Information and Documentation. The publications in the journal are included in the Minimum national requirements for acquiring scientific degrees and taking up academic positions in higher education institutions or research organizations in compliance with the Law for the Development of Academic Staff in the Republic of Bulgaria, subject to the relevant specificities.</p> <p>The editorial board of the journal includes notable jurists from academic community, university lecturers, constitutional and supreme court judges.</p>

Общите административни актове на общинските съвети

Author(s): Svetoslav Mishev / Language(s): Bulgarian Issue: 1/2022

General administrative acts are among the acts through which a municipal council implements its competence as a body of local self-government. Like all general administrative acts, they are characterized by a single legal effect and by an indefinite range of addressees. Due to their nature as legal acts, all general administrative acts are subject to judicial challenge.