We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.

Download

Право на политическо мнение на гражданите

Author(s): Nataliya Kiselova / Language(s): Bulgarian Issue: 1/2017

The article presents the right of opinion as a prerequisite for the political freedom of the individual and as a necessary element of freedom. The right to political opinion is a basic political right of citizens. This rightis also fundamental for the implementation of every main political right - suffrage, the right to participate in surveys, the right of political assembly and association. A normative analysis of Art. 39-41 of the Constitution of the Republicof Bulgaria reveals that the right to political opinion has beed scrutinized in “horizontal” and in “vertical” plan.

More...

Download

Относно някои законови правомощия и обществени инициативи на омбудсмана

Author(s): Hristo Ormandzhiev / Language(s): Bulgarian Issue: 2/2015

The article deals with the newest possibility for the ombudsman to approach the Cons|titutional Courtwith a petition to estabilishunconstitutionality of lawwherebyanyrightsandfreedoms of citizensareviolated. There are shown different examples by such approaching and also the results of ithem. Another part of the content is about the possibility for the ombudsman in the Judiciary Act to approach the General Assemblies of the Supreme Cassation Court and Supreme Administrative Court with an offer for setting forth a decision and enrich the legal practice. There is a part about the way for the ombudsman to impact on the legislation of the country. Finally are shown some activities of the ombudsman to spread information about human right protection by publishing brochures, books etc.

More...

Download

Влиянието на Хагската конвенция от 1978 г. върху проекта за Регламент относно компетентността, приложимото право, признаването и изпълнението на решения по въпроси, свързани с имуществения режим между съпрузи

Author(s): Hristo Angelov / Language(s): Bulgarian Issue: 2/2015

The adoption of European legislation on matrimonial property regimes is among the priorities of the Еuropean Union. There are two international conventions of the Hague Conference on Private International Law relevant to this issue, namely the Convention of 17 July 1905 on conflict of laws relating to the effects of marriage on the rights and duties of spouses in their personal relationships and with regard to their estates, and the Convention of 14 March 1978 on the law applicable to matrimonial property regimes.

More...

Download

Субективното право на неспазване срока на даденото предизвестие – същност, ред за упражняване и правни последици

Author(s): Nina Gevrenova / Language(s): Bulgarian Issue: 1/2018

The article discusses examines the main issues about the subjective right to non-observance of the term of notice particularly the nature of the exercise and the legal consequences. The author resumes that the subjective right to non-observance of the notice period is an original and highly relevant legislative decision.

More...

Download

Конституционният принцип на всеобщност на политическите права на българските граждани

Author(s): Nataliya Kiselova / Language(s): Bulgarian Issue: 1/2018

The article analyzes the principal of universality of political rights of Bulgarian citizens. The historical development of universality of political rights is traced through the political rights of women and political obligations of citizens.

More...

Download

Престъпният резултат при обидата по Наказателния кодекс

Author(s): Yanko Roychev / Language(s): Bulgarian Issue: 1/2018

The article examines the issue regarding the completion of the crime of insult. The statements provided in legal literature as well as the relevant case-law have been analysed and summarised. Arguments have been formulated supporting the thesis, according to which damages to the object of the crime constitute an element of the insult under the Criminal Code. The crime is completed not when the victim has perceived the insulting words or actions, but when they have felt their honour or dignity impaired.

More...

Download

Исторически преглед на развитието и правна уредба на конкуренцията в България до 1944 г.

Author(s): Yuliya Todorova / Language(s): Bulgarian Issue: 1/2018

The primary focus of this article is to review the historical development of the competition and competition law in Bulgaria between 1925 – 1944. During that period competition law has grown in response to the economic changes in Europe and in the United States. In Bulgaria rules concerning the competition have been applied to economic activities that were regarded as cartels, monopolies, anticompetitive behavior of firms (undertakings). Several laws against the unfair competition were adopted. The most important cartel provisions were accepted from German anticompetitive law and Austrian competition rules. Bulgaria implemented French doctrine about antitrust damages actions for breaches of competition law and the civil damages litigation. This article seeks to analyse the new Bulgarian competition framework and will look also at its approximation with US law. According to Sherman Antitrust Act from 1890 the Cartel court and the public administrative body - Commission of cartels were established. The Commission has regulated registration of cartels, prices and has had the legal power to change some of the terms of the cartel agreement. For the proposed historical period of time, the competition legislation aimed to improve the legal and institutional (administrative) framework of competition in Bulgaria and permitted the implementation of the competition policy in the economic growth of the country.

More...

Download

Относно някои проблеми в действащия Закон за горите

Author(s): Milena Licheva / Language(s): Bulgarian Issue: 1/2018

The article treats some issues related to the implementation of the Forests Act. It analyses specific gaps and contradictions in the special legal framework, in the context of the general legal regime and the provisions of the Constitution of the Republic of Bulgaria. It takes the view that specific legislation should be clear, transparent and logical, given the importance of the subject of legal regulation – forests and forest areas. This is particularly necessary in view of the ongoing negotiations for a Legally Binding Agreement on Forests in Europe (LBA-f).

More...

Download

Интелектуалният момент в психическото съдържание на евентуалния умисъл и престъпната самонадеяност

Author(s): Anita Veleva / Language(s): Bulgarian Issue: 1/2018

The intellectual element in the content of guilt is the base, on which the will is generated as mental attitude. The intellectual elements in the doluseventualis and recklessness have differences, which are independent of the will and take part in the formation of guilt. The article outlines the differences in the formation of the awareness in doluseventualis and recklessness in connection of the willful responseof the perpetrator.

More...

Download

Придобиване право на собственост върху земеделска земя от чужденци в Република България

Author(s): Hristo Dochev / Language(s): Bulgarian Issue: 1/2018

Agricultural land is a fundamental national resource, which enjoys the special protection of the Constitution of the Republic of Bulgaria. This paper explores the acquisition of agricultural land by foreigners and foreign legal entities. It also examines the prohibitions, limitations and some practical application of this statutory regime.

More...

Download

Оспорване на незаконосъобразните административни актове от прокурора пред административен съд

Author(s): Natalia Genova / Language(s): Bulgarian Issue: 1/2018

As a result of the supervisory activity carried out in the administration and as a further guarantee for the protection of the rights and legitimate interests of citizens, legal persons and the state, the legislator has provided the Prosecutor’s Office of the Republic of Bulgaria with the relevant prosecutor with a number of powers in the administrative process. Article 1 examines the scope of prosecution and, at the same time, analyses the scope of prosecution provided for in Article 16, para. 1, item 1 of the Administrative Procedure Code, the power of the prosecutor to challenge before the administrative court, as a first instance court, administrative acts, which he / she considers unlawful.

More...

Download

Същност на очевидната фактическа грешка в обвинителния акт

Author(s): Kristina Aleksandrova / Language(s): Bulgarian Issue: 1/2018

The obvious factual error is any inconsistency between the true will of the body concerned and its external expression in the written act. So far, it has been governed by the Code of Civil Procedure and the Administrative Procedure Code, and with the amendments to the Code of Criminal Procedure of 2017, the legislator regulates the removal of an obvious factual error in the indictment. The essence of the obvious factual error is a technical error, consisting of incorrect digits, letters, words, and even entire passages of a text.

More...

Download

Престъпленията против спорта като самостоятелен предмет на нормативна регулация в българското наказателно право

Author(s): Miroslav Ovcharov / Language(s): Bulgarian Issue: 1/2018

The incrimination of the interventions against sport in 2011 fill in a substantial emptiness inBulgarian penal law. At the same time, however, the current legislative regulation on those offenses raises the question of the relationship between their social significance and subject matter, on the one hand, and the necessity to establish them in separate Chapter 8a of the Criminal code – on the other. Through a comparison and comparative legal analysis with another similar criminal acts, it is appropriate to determine the systematic place of crimes against sport in the crtiminal justice system of Republic of Bulgaria. Namely the critical approach to the examination of this category of interventions as a substantive subject of normative regulation presupposes their assignment to the crimes against public order and public serenity under Chapter 10 of the Criminal code.

More...

Download

Разпит на обвиняем при разследване на престъпления, свързани с наркотици

Author(s): Iskra Vladova-Nedkova / Language(s): Bulgarian Issue: 1/2018

The interrogation is one of the most complex investigative actions, given the many psychological aspects that it involves. It is further hampered by the profile of the accused in drug crime investigations, as a person with a criminal experience in the same or different criminal area, with well-motivated procedural behavior whichcan notbe easily influenced. Following research focuses on the procedural and tactical requirements to be considered during the interrogation in the investigation of drug-related crime investigations. The questions as a content of the interrogation in the different investigative situations and the acceptable tactical approaches during the interrogation are formulated in a way to ensure respect of the rights of the accused. Recommendations about how to improve the above mentioned practices have been made to the competent authorities.

More...

Download

Кратко историческо развитие и нормативна основа по лицензирането на лекарствените продукти в хуманната медицина

Author(s): Ivelina Alexandrova / Language(s): Bulgarian Issue: 1/2018

This article provides an overview of the historical developments of the BDA and addresses one of the major licensing regimes in human medicine directly related to its activities. An analysis of the procedure, the necessary documents and possible solutions are presented.

More...

Download

За ролята на списание „Гражданин“ в отстояването на гражданските свободи през първото десетилетие на XX век

Author(s): Maia Angelova / Language(s): Bulgarian Issue: 1/2022

The article examines the role of the 𝐺𝑟𝑎𝑧ℎ𝑑𝑎𝑛𝑖𝑛 (Citizen) magazine in the protection of civil liberties in the first decade of the 20th century. It has been singled out as the first independent scientific and educational conceptual project, ambitious to form the modern citizen. The magazine is dedicated to the mission of educating and enlightening civil society through a printed edition in the field of the fundamental knowledge for any democracy – constitutional rights, freedoms, and obligations. For this purpose, articles published in the democratic press and in the specialized press with legal themes from the first decade of the century have been studied, which outline the context in which the programmatic texts by Stefan Kirov, published in 𝐺𝑟𝑎𝑧ℎ𝑑𝑎𝑛𝑖𝑛, are examined. In this article, for the first time, pages from Stefan Kirov’s unpublished memoirs related to the publication of 𝐺𝑟𝑎𝑧ℎ𝑑𝑎𝑛𝑖𝑛 are published.

More...

4.50 €

Preview

Gender equality in public administration and political functions in Romania

Author(s): Georgiana Mădălina Mihăilă / Language(s): English Issue: Supliment/2022

The subject of gender equality in public administration and political functions in Romania is not often addressed in the specialized literature, although it represents a key element in the development of a society in relation to the sustainable development goals and the strategies found at the international level. Moreover, the analysis of national legislation on equal opportunities and equal treatment between women and men should be of interest to both theorists and practitioners. Gender equality is not a new element for public administrations, as it has been enshrined in the Universal Declaration of Human Rights since 1948, but the development and modernization of societies has brought this issue into the spotlight particularly in recent decades, both internationally and in Romania. Achieving a gender balance in decision making and politics is one of the key objectives of the European Union Strategy on Gender Equality for 2020-2025, which is why it is important to present the situation in Romania and identify possible directions for action. It is also in line with Sustainable Development Goal number five (Agenda 2030) on gender equality and can also be linked to Sustainable Development Goal number 16 on developing effective, accountable and inclusive institutions. Thus, human resources are a key element in the development of public administrations and the political life of a state, and measures impacting on them must take gender equality into account.

More...

4.50 €

Preview

Access to documentary heritage. What have the Romanian constitutions said for 100 years?

Author(s): Codruța Elena Mihailovici / Language(s): English Issue: Supliment/2022

Constitutions address the rights and liberties of the citizens in a state. The right to information, to education, access to culture, the freedom of speech and of the press – they all give substance to the regime of the access to documents/archives. This study aims to analyze through a comparative approach how this regime (based on both the political-social and the cultural-educational functions of the documents) had been determined by the Romanian constitutional provisions over the last hundred years. Providing a transversal perspective of the rights and liberties already mentioned across the six constitutions of Romania: “the most liberal constitution of the epoch” – 1923, the Carlist Constitution - 1938, the three communist constitutions: the first, transitional – 1948, the second, patterned after the Soviet constitution – 1952, the third, socialist – 1965, and, finally, the fundamental act in force – 1991 (amended in 2003) we were able to draw conclusions which emphasize the idea of a direct connection between the level of accessibility to documentary heritage and the political regime established by the constitution, which lays down the range of the rights and liberties. Focusing on the role of the documentary heritage in the process of the fulfillment of a person as an active citizen in society and also on the human level, the study contributes to a theoretical and methodological debate on how the regime of access to documents needs to be in a democratic state.

More...

4.50 €

Preview

Public authorities refusing to recognize citizenship. Case study

Author(s): Alina-Raluca Sarchisian / Language(s): English Issue: Supliment/2022

This article aims to analyze a case by which several public authorities refused to recognize the Romanian citizen status of a person, in the absence of an express mention to this effect. It will be highlighted how the state authorities refused to apply the law, with the consequence of denying the legitimate rights of the person, and the way in which the courts intervened, so that the legitimate rights are recognized to the entitled person, with the consequence of obliging the public administration to fulfill their obligations.

More...

4.50 €

Preview

Human rights - the right to happiness - an overview of this right -

Author(s): Alexander Alexandru / Language(s): English Issue: Supliment/2022

The right to happiness represents one of the fundamental human rights, as it was recognized by the states of the world, being one of the newest rights recognized as such. The purpose of the present study is to show, through an overall analysis, the degree of happiness of the peoples of the world and the consequences arising from it.

More...