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Външнополитическата стратегия на Руската федерация в началото на 90-те години на ХХ век: политически и военностратегически аспекти
7.00 €

Външнополитическата стратегия на Руската федерация в началото на 90-те години на ХХ век: политически и военностратегически аспекти

Author(s): Nadia Boyadjieva / Language(s): Bulgarian Publication Year: 0

The end of the Cold War and the subsequent disintegration of the Soviet Union left the newly independent Russian Federation in an international environment very different from the Cold War system that existed from 1945 until the late 1980s. When Boris Yeltsin and his government begin to build the foundations of Russia's foreign policy and security strategy, they faced daunting domestic challenges as well as the pressures of the international system. This essay explores the most important political and military-strategic aspects of the Russian government's foreign policy doctrine and security strategy in the 1990s and highlights Russia's new place in the European security system and in the larger international system.

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Политически дилеми и междунационални проблеми по пътя към евроинтеграцията на Република Македония в края на ХХ и началото на ХХI век
4.50 €

Политически дилеми и междунационални проблеми по пътя към евроинтеграцията на Република Македония в края на ХХ и началото на ХХI век

Author(s): Mariyana STAMOVA / Language(s): Bulgarian Publication Year: 0

While the last decade of the XX century is primarily related to international recognition of the Republic of Macedonia, during the first decade of the XXI century the country faces as before serious cross-national problems and contradictions mainly between the Macedonian and Albanian ethnic groups and the dilemma for its further steps for integration in the Euro-Atlantic structures – the EU and NATO.

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Културни ценности и римскоправни аспекти на закрила на авторското право от плагиатство
5.00 €

Културни ценности и римскоправни аспекти на закрила на авторското право от плагиатство

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Publication Year: 0

The article specifies briefly the legal terminology used in Bulgarian legislation in relation to the cultural wealth – “cultural wealth”, “cultural heritage”, “cultural values”, respectively combined with the modifiers “national”, “historical”, “world”, etc. Considering the entire review of this legislation, the law in its historical development doesn’t conform to the notion of a cultural value. It is assigned an “official role” – to establish order and conditions for protection and preservation of cultural values, which are public domain.In this respect, although there is not a legal regulation in Roman law, the main topic of the article – plagiarism – is essential in contemporary law on the protection of cultural values and especially for the protection of copyright. The article is dedicated to plagiarism related mostly to the works of fiction literature. The conclusion offers a brief overview of the rules and principles of Roman law bearing universal validity in modern times as well.

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Ролята на народните читалища за опазването на културното наследство – правни аспекти
4.50 €

Ролята на народните читалища за опазването на културното наследство – правни аспекти

Author(s): Ivan Karchev / Language(s): Bulgarian Publication Year: 0

Preserving our cultural heritage has been of utmost importance through the years, regardless of the political and economic situation in the country. It is possible to assume that culture, in its most complete range of material and immaterial elements, is one of the pillars of one nation’s identity, both in its national and international aspects. Law is closely connected to public relations as far as our culture and cultural heritage is concerned. This is proved by the establishment of community centres – a unique form of Bulgarian cultural organization legally founded on freedom of civil communities and an act of charity. The present article is aimed at offering an explanation of the legal status of national community centres from their first appearance to modern days. Last, but not least, legal issues and offered for discussion along with proposed solutions in order for the community centres to function properly within the modern legal system. The public nature of such organizations, the need of their legal differentiation from foundations, associations and other NGOs by means of explicit legislation norms is emphasized. The material base, the economic activity of the community centres, the administrative burden their coordinators encounter is illustrated and the necessity for improvement in the future legislation is pointed out. Importantly, it has been almost a year since the community centres were included in UNESCO’s list for keeping good practices for safeguarding immaterial cultural heritage. In that regard, there is the necessity of state policy concerning the development of these purely Bulgarian cultural centres via good practices and the legal power of the local administration processes.

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Changes in Building Legislation
4.50 €

Changes in Building Legislation

Author(s): Miroslav Válka / Language(s): English Publication Year: 0

In addition to all of the cultural ties that connected Moravia with the Danube region and the Carpathians in terms of the folk house, the phenomena of European civilization spread from the west, i.e. from the Bohemian environment. In the 18th century, the increasingly centralized and bureaucratic state administration began to regulate construction activities in the towns and villages. Imperial decrees with province-wide force replaced the older manorial instructions that had been limited to a single domain.

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Este jurisprudența Înaltei Curți de Casație și Justiție creatoare de drept ?

Este jurisprudența Înaltei Curți de Casație și Justiție creatoare de drept ?

Author(s): Mihai Bădescu / Language(s): Romanian Publication Year: 0

In the legal systems that establish it as a formal source of law, the case law includes the practical experience of the judicial bodies that apply the right to concrete cases. In these legal systems, the judge can make decisions with general value, decisions that can become creative sources of law. Prior to the law as a source of law, jurisprudence did not have the same role in the legal systems, this role being different from one historical era to another, from one system to another. In contemporary law, the jurisprudence has its particularities, in relation to the legal system in which it is founded: in Roman-German law, the jurisprudence is the result of the interpretation and application of the law, carried out by the judicial body, according to the will of the legislator who adopted the legal norm; in Anglo-Saxon law, the precedent is the authority that a judicial decision can have in cases analogous to the one in which it was pronounced; In this system, the judge is not a mere interpreter of the law; he is the creator of law (judge made law). In Romanian law, which does not belong to the Anglo-Saxon system, but to the family of Romanian-German law, the jurisprudence has a special status. We consider two situations that underline the importance of the precedent in this legal system: the decisions of the Constitutional Court (which are general-binding and have power only for the future) and the decisions of the High Court of Cassation and Justice (in the case of the appeal in the interest of the law and in the situation where The High Court is called upon to give a preliminary ruling on the issue of legal issues). From the point of view of the present study, it is precisely these decisions of the Supreme Court, according to the two procedures regulated in civil procedural law and criminal procedural law. From this perspective, seeking to answer the question that gives the title of this study, we admit that, in Romanian law, the case law can be considered a secondary source of the law. The reserve attitude towards recognizing the source of the right of jurisprudence is based on the principle of separation of powers in the state: the adoption of laws is the responsibility of the legislator, their application, the responsibility of the judicial bodies. To recognize the courts the right of direct normative elaboration, would mean to force the door of legislative creation, disturbing the balance of powers (N. Popa).

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Rolul Curţii Constituţionale şi al Înaltei Curţi de Casație și Justiție în definirea conceptului de funcţionar public

Rolul Curţii Constituţionale şi al Înaltei Curţi de Casație și Justiție în definirea conceptului de funcţionar public

Author(s): Ion Ristea / Language(s): Romanian Publication Year: 0

The author has aimed and succeeded to present the notion of civil servant, the role of the Constitutional Court and of the Supreme Court in defining this concept. In this meaning, we have used the method of the historical interpretation by searching the meaning of the notion of civil servant in the old legislation, the Criminal Code of 1864, 1936, 1969, 2004 and the actual Criminal Code of 2009. Also, have been presented significant decisions of the Constitutional Court and of the High Court of Cassation and Justice referring to the notion of civil servant or in connection to it, emphasizing the role of these institutions in performing the attributions stated by the Constitution and the organic laws governing the civil activity.

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Analiza crimen ambitus w świetle hiszpańskich leges municipales/coloniarum i wcześniejszych regulacji prawnych

Analiza crimen ambitus w świetle hiszpańskich leges municipales/coloniarum i wcześniejszych regulacji prawnych

Author(s): Emilia Twarowska-Antczak / Language(s): Polish Publication Year: 0

In this work, I focus on issues concerning the responsibility of city officials for crimen de ambitu in the light of Spanish leges municipales/ coloniarum and earlier legislation. In a system created by the ancient Romans, responsibility was intended to safeguard the interests of municipalities in the event of management irregularities. Therefore, the applicant for the office of duumvir or quaestor was obliged to set a cash security – cautio. One of the key problems of the Roman republic, and later the Roman municipia (also during the principate) was the corruption of voters with the aim of getting them to cast a ballot for a particular candidate. During the principate era, electoral crime was mainly committed outside Rome, which is why I analyse the legal norms contained in Spanish city laws in the context of Republican legislation.

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Епитропи у дубровачком праву

Епитропи у дубровачком праву

Author(s): Mirjana Pupić / Language(s): Serbian Publication Year: 0

With the help of archival material, author in this work reviews some fundamental questions referring to the institute of epitropes in Dubrovnik law. First, it is pointed to the origin of this institute which is very complex. The author believes that it may bear relation to Roman post classical law on one and Byzantine law on the other hand. Further, the provisions about epitropes which are contained in Statutorum civitatis Ragusii and Liber Omnium Reformationum are analysed. For the purpose of comparison there provisions of epitropes in the statutes of other coastal cities are also studied.The numerous perceived similarities and some important differences are outlined together with the concluding considerations.

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Izvori komunitarnog prava

Izvori komunitarnog prava

Author(s): Zoran Radivojević / Language(s): Montenegrine Publication Year: 0

U Evropi se odavno ustalila tradicija da se izučavanje svakog pravnog sistema započinje utvrđivanjem njegovih izvora. Naime, veoma je teško, ako ne i nemoguće, govoriti o nekom pravu, a da se istovremeno ne zna odakle ono potiče. Komunitarno pravo, odnosno pravni sistem Evropskih zajednica, nije u tom pogledu izuzetak.

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Относно Закона за задълженията и договорите от 1892 г.
6.00 €

Относно Закона за задълженията и договорите от 1892 г.

Author(s): Desislava Stoyankova / Language(s): Bulgarian Publication Year: 0

The article examines and presents the Law on Obligations and Contracts adopted after the Liberation of Bulgaria. The legal act is one of the first and most important acts in the field of civil law. It regulates the obligations, contains rules, regulating the trade exchange and stimulating the development of the economic relations.

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Епохата при появата на действащия ЗЗД
8.00 €

Епохата при появата на действащия ЗЗД

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

This study aims to point out the main historical facts (socio-political events, cultural habits and economic data) about Bulgaria in the decade before the LOC came into force between 1941 and 1951. An attempt has been made, free from ideological clichés, to involve our Law on Obligations and Contracts (LOC) in this historical context.

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Злоупотребата с право. Исторически и сравнителен анализ
8.00 €

Злоупотребата с право. Исторически и сравнителен анализ

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

The subject matter of this research is the concept and the regulation of the abuse of rights established in the Law of Obligations and Contracts (Art. 8, Para 2 LOC) and in the Commercial Law (Art. 289 CL). They are comparatively analyzed in respect of the leading national legal systems in Germany, Austria, Switzerland, France and Italy. The study historically traces whether the general rule of abuse of rights is found out in Ancient Roman Law. According to the widespread doctrine view the concept of abuse of rights originates from the international public law3, which condemns the abuse of discretionary power of public authority. Nowadays the abuse of rights is also found in Private Law with its specific features. The doctrine debates whether the origin of the concept dates back to Ancient Roman Law. Some texts of Corpus Juris Civilis describe and prohibit certain human activities as unlawful exercising of a given right as the D. 39.3.1.12 and D. 39.3.2.9. are most often cited. By establishing these rules the ancient Romanists were guided by the rule: no malice – no actio. Though still in rudimental stage, these rules demonstrate the rise of an idea, which became a clear concept hundreds of years later.

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За историята на римското право и неговата връзка с каноническото право

За историята на римското право и неговата връзка с каноническото право

Author(s): Diliyan Nikolchev / Language(s): Bulgarian Publication Year: 0

The beginnig of the present work emphasizes the history of Roman Law and Canon Law in their interrelationship. Attention is paid to the direction of development of Roman Law in Byzantium, as well as to the beginning and development of the Canon Law in the Byzantium legal system. The issue is also affected by the development of jurisprudence, as well as the emergence of new canonical collections.

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POSEBNOST DEKLARACIJE ZAVNOBIH-A O PRAVIMA GRAĐANA BOSNE I HERCEGOVINE I SAVREMENI TOKOVI LJUDSKIH PRAVA

POSEBNOST DEKLARACIJE ZAVNOBIH-A O PRAVIMA GRAĐANA BOSNE I HERCEGOVINE I SAVREMENI TOKOVI LJUDSKIH PRAVA

Author(s): Benjamina Londrc / Language(s): Bosnian Publication Year: 0

At the First Session of ZAVNOBIH, the councilors adopted the Resolution of ZAVNOBIH and the Proclamation to the People of Bosnia and Herzegovina, which emphasize that BIH and its peoples in Croatia and abroad can be respresented only by ZAVNOBIH and AVNOJ. The second session of ZAVNOBIH is related to the beginning of the normative activity of the national authorities in BiH in the sense of the establishment of a new legal order. By adopting the Declaration on the Rights of the Citizens of BIH (a document that had the constitutional character), basic human rights were guaranteed, namely equality of peoples (Serbs, Muslims and Croats), freedom of conscience and religion, freedom of gathering and agreement, freedom of association and press, personal and property safety of citizens, gender equality etc. By this, BIH nation became a political nation and BIH itself became the state of citizens, not only of the three ethnic communities. The acts of ZAVNOBIH, which were at the level of today’s European standards, were adopted even before their adoption in the UN organization and before the adoption of the Universal Declaration of Human Rights from 1948, and the International Covenant on Economic, Social and Cultural Rights from 1966, by the far-reaching nature of their perpetrators. Today, BIH has adopted and incorporated the highest international standards of human freedom into its constitution, striving for other Euro-Atlantic integrations, thus fulfilling the normative assumptions. In practice, most of human rights are violated today, and in the close past we have experienced the worst forms of human rights violations. Such a development of rights again points to the need to remember and give importance to the documents of ZAVNOBIH.

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KONTINUITET DRŽAVNOSTI BOSNE I HERCEGOVINE, ZAVNOBIH I EVROPSKE INTEGRACIJE

KONTINUITET DRŽAVNOSTI BOSNE I HERCEGOVINE, ZAVNOBIH I EVROPSKE INTEGRACIJE

Author(s): Dženana Čaušević / Language(s): Bosnian Publication Year: 0

The process of European integrations as a means of establishing lasting peace and stability in Europe is a phenomenon of the twentieth century. The idea of the unification of Europe was already present in the 15th century. The foundations of European integrations were set after the First World War, and the actual process of integration began in the middle of last century. Jean Monnet, Robert Schuman and others pledged to create a political union, the European Federation, today the European Union. Considering the position and continuity in the development of the state of Bosnia and Herzegovina, in the context of European integrations, it can be emphasized that, since its inception in the early Middle Ages, and later in its historical development, Bosnia was characterized by certain specificities in geopolitical, cultural, historical and civilization, always belonging to the European circle of states. The basic features of its millennial existence are the continuity of the territory in the historical borders, the continuity of the name of Bosnia and the continuity of state-law development. In this context, the constitution of ZAVNOBIH, as a war parliament during the Second World War, whose decisions had constitutional and international legal character, represents the legitimate act of this multi-century continuity and its political identity. In this context, the importance of ZAVNOBIH should be emphasized in particular having in mind to the fact that after the 6. January 1929 Regime and the occupation of 1941, by the Decision of the First Session of ZAVNOBIH, the territorial unity of BIH was re-established and its statehood has been restored. This was confirmed by the decisions of the Second AVNOJ Session. At its Second Session, ZAVNOBIH was constituted in the most legislative and executive body of Bosnia and Herzegovina. By the decisions of the Third Session of ZAVNOBIH the building of the government system and state structure were completed. It is important to point out that all the decisions of ZAVNOBIH, as a war parliament, were made under the conditions of the anti-fascist war in Europe as well as in Bosnia and Herzegovina. These decisions were legitimate, they had constitutional and international legal significance in accordance with the Atlantic Charter and the UN Charter. Given the current circumstances in Bosnia and Herzegovina, its accession to the NATO alliance and its integration into the European Union, the internal unity and stability of this country would be achieved. This would have the effect of weakening the tendency for further ethnic divisions, and the lofty aspirations of the neighbouring countries to divide Bosnia and Herzegovina would also be weakened. Finally, the inclusion of Bosnia and Herzegovina into the NATO Alliance represents a guarantee of its future, and integration into the European Union is its only path to stability and peace in these areas.

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CIZINEC V PRÁVNÍ PRAXI. NA PŘÍKLADU KNÍŽECÍHO MĚSTA OPAVY MEZI LETY 1643–1670

CIZINEC V PRÁVNÍ PRAXI. NA PŘÍKLADU KNÍŽECÍHO MĚSTA OPAVY MEZI LETY 1643–1670

Author(s): Viktorie Ghiberti / Language(s): Czech Publication Year: 0

Die vorliegende Studie untersucht das Phänomen des Fremden, das wegen der Vielfalt von Interpretationsansätzen eine Unzahl von Fragen anregt, die nicht nur auf dem Gebiet der anthropologischen oder soziologischen, sondern auch der historischen Forschung gestellt wurden. Die historische Forschung arbeitet im Rahmen der Inanspruchnahme des Begriffs insbesondere mit dem Terminus des Fremden im Äußeren, der seinen Sinn in Menschen am Rande oder in sozial anders profilierten Gruppen findet, die jedoch bereits von der Definition her ein Gegengewicht zu der Mehrheitspopulation darstellten, d.h. zu Menschen mit dem Recht (der Macht) zu bestimmen, wer der Andere ist. Bei einer näheren Betrachtung lässt jedoch auch dieses gut integrierbare Wir ein Bild entstehen, das aus vielen und vielen Unsicherheiten besteht, die nicht nur aus dem äußeren Umfeld in Form von Personen erwachsen, sondern es können damit auch sämtliche sonstigen Störungen der sozialen Interaktion bezeichnet werden, egal, ob sie diese unmittelbar oder nur indirekt betreffen. Das ist die erste Seite des Bildes, die es für die Beschreibung des Fremden im Äußeren erforderlich macht, auch sein Gegengewicht – das Fremde im Inneren – zu beschreiben. Das Fremde im Inneren basiert spezifisch in Bezug auf den Forschungsgegenstand auf der städtischen Umwelt, durch die eine Trennlinie in Form des Stadtbürgerrechtes gezogen wurde, das die Stadtbewohner dem Stand zuordnete und die Anderen in einer den Ständen untergeordneten Position beließ.

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Религиозната нетолерантност в Испания през III в

Религиозната нетолерантност в Испания през III в

Author(s): Federico Fernández de Buján / Language(s): Bulgarian Publication Year: 0

The article examines the ideological and political basis for the persecutions of Christians in I-III AD. The meaning of the ‘’persecutions of Christians’’ is identified as any sever measure of repression upon the religion of Christians and more so against the practice of their religion.The reasons are analysed for the tolerance on part of Rome when it comes to the religions of the conquered peoples and the contrasting hostility towards Christianity. It is, furthermore accepted that while other religions including Judaism coexist peacefully within the framework of the Roman state religion while the first Christians moved by the evangelic of Christ developed an active proselytizing and preached a massage of salvation in order to make all the people of the world to accept Christianity. Their definitive refusal to conduct rituals typical of the recognized state religion in Rome and to follow in the cult for the emperor was understood as pejorative towards the Republic ‘’Res Publica’’ and should therefore be punished with at most severity in order to discourage such activities. Thus Christians are treated as enemies of the Empire, persecuted as criminals and their followers prosecuted as well.The emperors’ main acts of persecutions are also examined. Some of the most important martyrs in Spain are also brought to light as examples for Christians and individuals exemplifying the groups to which they belong; worshipped throughout the ages and up until now as defenders and very often patrons.

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Свободата на вероизповеданията в исторически план

Свободата на вероизповеданията в исторически план

Author(s): Vanessa Ponte Arrebola / Language(s): Bulgarian Publication Year: 0

The article analyzes the term and notion of religious tolerance. Certain philosophical concepts on freedom of religion and its practice in the contemporary world are introduced. The present study analysis the manifestations of religious tolerance in relation to the concepts for freedom of personality in Ancient Greece and Ancient Rome in the context of political, cultural and religious community in the Antiquity. The article further analyzes the connection between Rome and Christianity and the turning point of the policy of persecutions developing into a policy of tolerance of Christian religion and more so its adoption as a state religion and the prohibition of pagan cults. The second part of the article examines the dualism of Christianity. It exists in summarized version and it is expressed by the idea of caesaropapism and the supremacy of religious power over secular power and vice versa. The two systems are based on the concepts of political and cultural (Christian) community and are inextricably bound. They originate from the elevation of Christianity to official religion in the Roman Empire and its supremacy during the following centuries within the European continent. The effects of religious tolerance in the liberal and social nation are observed through the prism of contemporary concepts about the equality of religious practices and freedom of religion.

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Понятието за вещи
4.50 €

Понятието за вещи

Author(s): Lyuba Panayotova-Chalakova / Language(s): Bulgarian Publication Year: 0

Тhe present report traces the development and trends of the concept of property. Recently, European law has also become extremely important for our country, especially after our country's accession to the EU in 2007. In matters of property, European law, especially in the form of the European Convention for the Protection of Human Rights and Fundamental Freedoms, Additional Protocol No. 1 to it and the jurisprudence of the court in Strasbourg, turns out to have a decisive influence on the developed concept of property. In the following report, an answer will be sought to the question regarding the concept of property by reviewing through the understanding of Roman private law, then the property will be examined as a problem during the bourgeois development in Europe and finally the current state with the presence of the legal system of United Europe and Bulgaria as a part of this system.

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