Относно принципа за непосредствено действие на разпоредбите на българската конституция от 1991 г.

Author(s): Rosen Tashev / Language(s): Bulgarian Publication Year: 0

Bulgarian Constitution of 1991 enshrines the principle of direct effect in Article 5, paragraph 2. In its decision № 10 of 1994, the Constitutional Court of the Republic of Bulgaria gave an interpretation of what constitutes the direct effect of the Constitution and how it is exercised, and there are publications on this subject in the doctrine. However, there are not many court decisions in which this principle is practically applied. This article aims to broaden the analysis of this principle. In this way, the Bulgarian Constitution will assert its leading role in the legal reasoning of court decisions. Theoretical approaches and tools proposed in this article should help to strength both the legal effectiveness of the Constitution and modern constitutional democracy.

Правна защита на лечебните растения

Author(s): Georgi Penchev / Language(s): Bulgarian Publication Year: 0

The current Medicinal Plants Act is the first special law in this field adopted after 1944, and it is obvious that for a long period of time there was no special regulation at statutory level. I will research briefly the most important features of our current legislation. The study is in accordance with the legislation as of 30.09.2012.

Законопроектът за административното правосъдие - първи идеи, дискусии и подготовка

Author(s): Evgeni Yochev / Language(s): Bulgarian Publication Year: 0

The Administrative Justice Act, whose 100th anniversary is celebrated in 2012, marks the beginning of the modern administrative justice system in Bulgaria. The process of drafting the Act goes through two phases, which are distinct in their content and objectives. The first phase (July 1905 - July 1911) can be described as preparatory. The second phase (July 1911 - October 1911) covered the time of the actual preparation and drafting of the administrative justice bill. During the discussion of the bill, especially in the first reading, both the deputies of the government majority and those of the opposition noted the pressing necessity of the law, its importance in establishing the rule of law in the country, in curbing administrative arbitrariness and stabilizing the bureaucracy, in rooting out political partisanship and moralizing party mores.

Разпоредби за чародейства и магии в Разложкия ръкопис

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

The book and the language are active factors in the consolidation of Bulgarian intellectual identity and part of our cultural heritage from the Middle Ages to the Renaissance. The few preserved manuscripts with legal character include both texts with secular regulation and ecclesiastical law. The “law-society-culture” relationship is very close after the adoption of Christianity as the official religion of Bulgaria. Some of this literature did not survive during the Ottoman era, but retained its main functions, namely to guide and point out good and evil in society. An interesting monument from the 19th century period is the Razlog manuscript, called in scholarly circles the "late Nomocanon of 1865". The manuscript is unique precisely in that words of Turkish, Russian or Greek origin can be found in it, as well as Church Slavonic words used only in ecclesiastical texts. The purpose of this article is to present some typical provisions on magic and enchantments contained in the Nomocanon, in particular those that are included in the Razlog manuscript.

Правото на изкупуване на недвижими имоти в България

Author(s): Gergana Boyanova / Language(s): Bulgarian Publication Year: 0

The review follows the history of the institution as a part of the legislation on the co-ownership. Its older regulation is compared with the current Art. 33, para. 2 of the Property Law.

Ex lege discriminatio: опит за ревизия на правното регулиране на проституцията в България

Author(s): Ognyan Fortunov / Language(s): Bulgarian Publication Year: 0

Considering the act of prostitution as a crime – historical background. Legal regulation under Art. 329 of the Criminal Code. The questions are considered - which income is non-labour, which work is socially useful and what is the practice of applying the punishments corresponding to the crime. Types of legal regulation of prostitution. This study draws the difference between prostitution and human trafficking. De lege ferenda conclusions and proposals are made.

Произход и историческо развитие на института на общите правила за индивидуализация на наказанието в българското наказателно право

Author(s): Chavdar Petrov Groshev / Language(s): Bulgarian Publication Year: 0

The article examines the essence of the legal institution "individualization of punishment" and its evolution. How and under what conditions is individualization of punishment used. Proposals to change the current legislation were made.

Russia, Chechnya and the Geneva Conventions, 1994-2006: Norms and the Problem of Internalization

Author(s): Mark Kramer / Language(s): English Publication Year: 0

This paper discusses Russia’s position vis-à-vis the four Geneva Conventions of 1949 and the two Additional Protocols of 1977 and the implications for the two wars fought by Russian troops against separatist guerrillas in Chechnya in 1994 – 2006. The paper begins by tracing the Soviet Union’s policies toward the Conventions and Additional Protocols and the effects of these documents on Soviet military operations both abroad and at home from the late 1940s through the early 1990s. The experience with the Conventions and Additional Protocols during the Soviet era helped to shape the policies of the Russian Federation, which, as the legal successor state to the USSR, inherited the Soviet government’s obligations under international treaties and agreements. The paper highlights the changes and continuities in post-Soviet Russia’s position and then uses the recent Russian-Chechen wars as a case study. The paper sheds light not only on Russia’s policies in Chechnya but also on recent scholarly literature regarding international norms and state behavior. A norm in international relations, including the tenets of international humanitarian law, can be defined as a shared conception of the appropriate way to behave or the appropriate stance to take on a particular issue.

Отношения между държава и църква във Византия

Author(s): Galabina Petrova / Language(s): Bulgarian Publication Year: 0

When we consider the relations between the State and the Christian Church during a certain historical period of their development, we should proceed, on the one hand, from the Christian doctrine of the origin and nature of these two institutions, and, on the other hand, from the concrete needs of the State in the conduct of its domestic and foreign policy. This gives rise to both the manifestations of interaction and some inevitable conflicts. And despite the existence of these two manifestations, the Byzantine state secured the support of the Church during the period of its existence, and the Church exerted great influence over the State. Both as a rule sought cooperation, but human factors, political considerations, or their own interests often played an important role in establishing the relationship between the two institutions.

Разложкият ръкопис - паметник на черковното право

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

The nineteenth century was an era of dynamic cultural, social, and economic advancement. During this period, numerous literary models were created, which later became monuments of lasting value. An interesting monument from this period is the Razlog manuscript. It is a legal monument from the second half of the 19th century, containing civil and ecclesiastical laws, which is why it is called the "late Nomocanon". The manuscript provides us with valuable information about the life of Bulgarians in southwestern Bulgaria, both in legal, linguistic and socio-cultural terms. It also served as a guide for clergy in fulfilling their moral and social duties to the people. It contains the basic norms of behaviour of the period under consideration, and from it can be gleaned information from jurisprudence, history, folklore, linguistics, ethnography, etc. This gives us reason to call it the ethical code of the Razlog region.

Въвеждане на българско гражданско управление в Беломорието (1941-1944)

Author(s): Emanuil Dimitrov / Language(s): Bulgarian Publication Year: 0

The problem of civil government in Western Thrace during World War II has not been sufficiently studied in Bulgarian legal scholarship. Especially in Greek historiography, the opinion is held that Bulgaria "occupied" Belomorie, but the policy of the Bulgarian government in the region was quite different. Without claiming to be exhaustive, this article aims to shed light on the problem by looking at the structure of the Bulgarian administration and the bodies of leadership and administration in the civil sector, because the main feature of the Bulgarian governmental policy in the area in Spring-Summer of 1941 was the pacification of the annexed territories. During this period, there were extraordinarily many changes in the social life of the region.

Възникване и развитие на идеята за общ фактически състав на неоснователното забогатяване

Author(s): Krasimir Mitev / Language(s): Bulgarian Publication Year: 0

The article presents a concise review of the origin and development of ideas which led to the general action in unjust enrichment (actio de in rem verso) - a typical feature of legislations, belonging to the Romanic legal family. Starting from Roman law, via glossators and Natural law school, the author arrives at modern times to discuss the problems related to the general character of the rule.

Социология на правото

Author(s): Stefka Naumova / Language(s): Bulgarian Publication Year: 0

Sociology of Law is relatively new science. Its origination and differentiation as an autonomous science in the common family of sciences have gone long and complex way. Roots of Sociology of Law have to be looked for still in the noticeable works of the ancient Chinese thinkers (Confucius, Lao-Tzu), in the original views of Socrates, Plato, and Aristotle on justice and its implementation in law, in the brilliant writings of the Roman jurists and historians (Cicero, Seneca, Marcus Aurelius), who still at that time analyze legal reality in the context of the whole political and social structure, seeking philosophical definition for values, moral, justice, and law. Basic role for institutionalizing the sociology of law has had the process of overcoming legal positivism and looking at law in its social context. In the present work, Sociology of Law is defined as a science which studies regular interrogations between legal area of social life and the rest of social areas. It is an organic combination between theory and empiric. The most defining characteristic of the sociology of law is the specific manner in which it approaches law in disciplinary terms. The conclusion outlines the perspectives of Sociology of Law in the new conditions.

Сексуалните престъпления в системата на особената част на българския Наказателен кодекс

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

After a short overview on creation of the Bulgarian criminal law and crime system, the author delimitates the place of sexual offenses in the transitional criminal judicial system. Their place in current Bulgarian law is described as well as in the draft of a new Criminal code.

Видове престъпления според българското обичайно право през периода на Османското владичество

Author(s): Petia Nedeleva / Language(s): Bulgarian Publication Year: 0

The author describes different types of crimes - insult and slander. Their consequences are analyzed. Immoral acts are also described.

Системата на престъпления и наказателната политика на Република България

Author(s): Ralitsa Kostadinova / Language(s): Bulgarian Publication Year: 0

The author defines the concept of criminal policy. Then he does a historical review on the understandings of criminal policy through different stages of the development of Bulgarian criminal legislation. The crime system are also analyzed.

Развитие на института на освобождаване от наказателна отговорност по чл. 78а от Наказателния кодекс

Author(s): Petko Minev / Language(s): Bulgarian Publication Year: 0

Introduction of this institute is made since its entering into force in 1982. The author analyses its development in 2000, 2006, till nowadays. He draws attention to current penalties and accompanying measures.

БИОГРАФИЯ НА АКАДЕМИК ЛЮБЕН ВАСИЛЕВ

Author(s): Petar Topurov / Language(s): Bulgarian Publication Year: 0

ЕДНОСТРАННОТО ПОЕМАНЕ НА ГРАЖДАНСКОПРАВНО ЗАДЪЛЖЕНИЕ В ПРАВОТО НА ДРЕВЕН РИМ

Author(s): Vladislav Datsov / Language(s): Bulgarian Publication Year: 0

The current report is focused on the study of the question whether the unilateral assumption of a civil obligation was recognized by the private law of Ancient Rome. Contracts and unilateral legal statements, which have common elements with the unilateral assumption of a civil obligation, and therefore can be mistaken with it, are analyzed. The closest unilateral statement to the above mentioned has been outlined.

Osmanlı İmparatorluğu Merkez-Taşra İlişkilerinde Mahkemeler: Adli Statü, Görevliler ve Davalar

Author(s): Berces Kılıç / Language(s): Turkish Publication Year: 0

In this article, which was written with the aim of shedding light on the legal history of the Ottoman Empire in the context of central-provincial relations, being aware of the view that "There is no unspoken word under this dome" and aiming to capture "a pleasant sadâ that remains in this dome", this article deals with the courts, which are the basis of the Ottoman justice mechanism. In this context, after making a brief introduction to the establishment of social life and relations, which form the bridge between elements of the state and the the reaya and which takes its essence from Islam, the factors of the Ottoman court, their areas of influence and jurisdiction and some cases heard in this court will be included in the study. In the Ottoman court, first of all the muslim judges (kadi), the regents (naib) appointed by the muslim judges, the imams who are the eyes and ears of the muslim judges in the neighborhoods, the subasis who constitute the police force of the districts, the prohibitionists (ases), the castle guards (dizdars) and the muhtesibs are connected to each other through a network of relations. In our study, based on this network, the roles of these officials, who are shown among the main Ottoman court officials, will be discussed. In the understanding of the Islamic and Ottoman state, in which each of these officials played an active role, the justice mechanism shows a political integrity. However, within this mechanism, a spatial distinction is made in the form of kaza, nahiye and mahalle. This distinction is intended to facilitate the functioning of the justice mechanism. As it comes to an end, it shows the diversity of litigation issues reflected in the courts in Ottoman society. Therefore, the approach to the The foundations that undertook important missions in many fields in the Islamic states reached their peak in parallel with the development of the governments, especially with the Ottoman Empire. Correspondingly, there were changes also in their activities and management methods. In Islamic law where interest is not taken kindly, using the montes pietatis as a means of trade and charity for the good of the people was one of the changes mentioned. In spite of the arguments and criticism about the montes pietatis, most of the ulama of that period mentioned that this process was a kind of trade that could be briefly described as buying for cash and selling on trust, and they issued fatwa on that it was in accordance with Islamic Sharia. With this structuring that is ratified, banking business in Islamic states was founded, and the people fulfilled their need of cash from these foundations instead of usurers.