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ЕВРОАТЛАНТИЧЕСКАТА СИСТЕМА ЗА СИГУРНОСТ И ПРЕДИЗВИКАНИТЕ ПРЕДИЗВИКАТЕЛСТВА

Author(s): Emil Lyutskanov / Language(s): Bulgarian / Issue: 1/2016

The end of the Cold War ера in the 90s of XX century marked the beginning of a new global relationships where the main change was a particular inspiration for the realization of multicultural civilization development of the world in the idea of a unipolar world. In this context, the paradigm of security, including national security of the European countries was and is determined by the „rule” that: the protection against external threat/Defense is the responsibility of the military force of the North Atlantic Alliance (NATO); the socio-economic unity of the countries-as a results of the progressive development of increasingly high level of integration based on allied interests. Despite the positive results, the lessons learned of the immediate near and distant past, the question „Is the world become more safe” can be answered if you find the answers to the emerging issues: multiculturalism- harmony and/or coexistence; National values and allied interests - compromises for community development.

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Европеизация уголовного права России: «a potentia ad actum»

Author(s): Aleksander Korobeev / Language(s): Russian / Issue: 2 (18)/2018

The article, after assessing some of the legal scientific doctrine and practice of European and other foreign countries, poses the question “Is Europeanization of Modern Russian Criminal Law Possible?”. This issue is being addressed by analyzing how the treatment of the institutions of the capital punishment and property confiscation institutes in the criminal law of Russia is assessed in the context of Europeanization. An overview of the changes in Russia's criminal laws governing the responsibility for murder and confiscation of property, taking into account the experience of the European Union and some other foreign states, the judicial practice developed by the Constitutional and Supreme Courts of Russia. It is concluded that there is no alternative to this process of Europeanization of criminal law in Russia. Despite the peculiarities of Russian national legal systems and traditions, it has to move with the European models and standards.

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ЕВРОПЕЙСКА ЗАПОВЕД ЗА АРЕСТ

Author(s): Vladimir Valev / Language(s): Bulgarian / Issue: XIII/2015

This article refers to the new form of legal Cooperation- Еuropean аrrest warrant. Attention is paid to the procedure itself execute the EAW, and the different grounds for refusal of its application. An analysis of the Commission's reports on the application of the EAW and statistics of cases EAW in Bulgaria.

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ЕВРОПЕЙСКА ЗАПОВЕД ЗА РАЗСЛЕДВАНЕ

Author(s): Mila Ivanova / Language(s): Bulgarian / Issue: 1/2018

An European Investigation Order is an act issued by a competent authority of a Member State of the European Union, requesting the competent authority of another Member State of the European Union to take evidence, including evidence which the latter already has, or for investigative measures and other procedural steps. It establishes a comprehensive system of gathering evidence in cross-border cases on the basis of the principle of mutual recognition between the Member States of the European Union.The article reviews the international acts regulating European Investigation Orders. The texts of the directive of the european parliament and of the council regarding the European Investigation Order in criminal matters are being examined. Special attention is paid to the issuing of a European Investigation Order by a competent authority in the Republic of Bulgaria, as well as to the procedure for recognition and enforcement of a European Investigation Order issued in another EU Member State. The special rules for carrying out certain investigative and other procedural steps are also analyzed.

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ЕВРОПЕЙСКАТА ЗАПОВЕД ЗА РАЗСЛЕДВАНЕ – НАЙ-НОВИЯТ ИНСТРУМЕНТ ЗА СЪБИРАНЕ НА ДОКАЗАТЕЛСТВА В ЕВРОПЕЙСКИЯ СЪЮЗ

Author(s): Ralica Voinova,Stefani Mancheva / Language(s): Bulgarian / Issue: 4/2018

This article aims to analyze the advantages of the latest evidence-gathering instrument within the European Union - the European Investigation Order (EIO), introduced by Directive 2014/41/EU of the European Parliament and of the. Council of 3 April 2014 regarding the European Investigation Order in criminal matters.It is essential for the effective criminal law cooperation between EU Member States to apply rational approaches to investigate crimes that ensure the speed, objectivity, comprehensiveness and legality of criminal proceedings. As an instrument based on the principle of mutual recognition of judgments, the EIO significantly simplifies and speeds up the process of collecting valid evidence across the EU, especially in the investigation of cross-border crime.

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Европейски практики в борбата с футболното хулиганство

Author(s): Maria Kostova / Language(s): Bulgarian / Issue: 2/2009

In the early 1960s, the country was overwhelmed by violence, riots, racism, noisy scandals, brutal beatings, and even deaths on stadiums and streets. This behavior, known today as football hooliganism, goes beyond the borders of England and the late 1970s, early 1980s became a pan-European problem. Almost every year in the world stadiums happen misfortunes.

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ЕВРОПЕЙСКИ ТЕНДЕНЦИИ В РАЗВИТИЕТО НА БЪЛГАРСКОТО НАКАЗАТЕЛНО ПРАВО

Author(s): Petya Mitreva / Language(s): Bulgarian / Issue: 1/2016

The author represents the main characteristics of the European Union Criminal Law that influence Bulgarian Criminal law. Most of them are related to broaden criminalization in the areas of particularly serious crime with a cross-border dimension and the process of harmonization of Bulgarian criminal law according to EU standards.

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Европейските стандарти за правото на обжалване и решенията на Върховния касационен съд по чл. 354, ал. 5, изр. 2 НПК

Author(s): Georgi Mitov / Language(s): Bulgarian / Issue: 2/2012

After the amendment of Criminal Procedure Code, made in 2011, the Supreme Court of Cassation in a cassation review, after double remittal of the case to the lower court, in further (third) hearings, has appellate powers – art. 354, par. 5, sent. 2 of Criminal Procedure Code. The act, delivered in this way, is final. This violates the right of appeal of the convicted person, established in art. 2 of Protocol 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms. Granted opportunity this act to be reviewed under the extraordinary control through re-opening of criminal proceedings can’t ”compensate” the deprivation of the right of appeal. The violation of European standards for right of appeal can lead to many judgments against Bulgaria in the European court of human rights in Strasbourg. That’s why this article should be abolished.

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Европейският опит в противодействието на корупцията в полицията

Author(s): Rositsa Dzhekova,Philip Gounev,Tihomir Bezlov / Language(s): Bulgarian / Publication Year: 2013

This publication reviews the policies and institutional mechanisms for countering police corruption in several EU member states. To be effective, anti-corruption efforts should be based on a system of independent and mutually accountable institutions which are sufficiently empowered to implement their objectives. This report emphasises the last two decades of experience in the UK, Belgium and Austria in modernising their anti-corruption policies and institutions. In addition to the institutional and legal framework, concrete measures and methods (risk assessment, integrity tests, etc.) are also examined. The Bulgarian and Romanian experience in countering corruption in law enforcement institutions is also reviewed with an emphasis on some of the main problems and gaps that undermine effective counter measures.

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Европейско сътрудничество за борба срещу организираната престъпност

Author(s): Venrta Kokalova / Language(s): Bulgarian / Issue: 2/2009

European Union law is an autonomous legal system consisting, according to the doctrine of primary and secondary law, governing the functioning of the European Union as a whole and closely related to the international law and the legal systems of the Member States. Among the most important acts of primary law are the three founding treaties for the European Communities.

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ЕВРОПСКА ЗАТВОРСКА ПРАВИЛА - сегмент заштите људских права у европском правном простору

Author(s): Jelena Papović / Language(s): Serbian / Issue: 62/2012

This paper gives insight into the ways in which the penal institutions are regulated by the European Prison Rules. At first it describes activity on the international level, which existed prior to adopting the European Prison Rules, in the United Nations and in the Council of Europe. Furthermore, it shows making procedure of the United Nations Standard Minimum Rules for the Treatment of Prisoners, as well as the basic principles of treatment of inmates which were established by adopting this document. After that, the paper presents the activity in the Council of Europe directed towards protection of the human rights by making the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment. In this way the foundation has been created to promote the rights of persons deprived of their liberty and to promote detailed regulation of this area, through the adoption of European Standard Minimum Rules for the Treatment of Prisoners (1973) and the European Prison Rules (1987), as a basis for the current European Prison Rules. In addition to what has been said, this paper presents the European Prison Rules, through explaining the basic standards that are provided by them, with special reference to the organised treatment that allows successful socialization of the inmates, legal protection and professional assistance, health care, communication with the outside world, work, adequate clothing, education and training, as well as prohibition of further punishing, abusing or torturing. The importance of the protection of the human rights in this area is shown through this international efforts, because persons deprived of their liberty are vulnerable social category, often incapable of defending their own rights. As a result, the European Prison Rules established the basic principles in this field, while countries that are members of the Council of Europe at the domestic level may provide a higher level of protection.

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ЕВРОПСКА ЗБИРКА ПОДАТАКА О КРИМИНАЛИТЕТУ И КРИВИЧНОМ ПРАВОСYЂУ: КАРАКТЕРИСТИКЕ И ЗНАЧАЈ ЗА РАЗВОЈ ЕВИДЕНЦИЈА КРИМИНАЛИТЕТА У СРБИЈИ

Author(s): Vesna Nikolić-Ristanović,Ljiljana Stevković / Language(s): Serbian / Issue: 3/2013

Crime statistics, despite numerous criticisms and shortcomings, are an important source of data on crime as a mass phenomenon. In addition, police statistics as evidence of the reported crime, in terms of the type and characteristics of recorded criminal behavior and characteristics of perpetrators, provide an insight into the nearest real picture of crime, both at national and international level. The aim of the paper is to present the European Sourcebook of Crime and Criminal Justice as a unified collection of data on crime and criminal justice at the European level. After presenting the background and methodological characteristics of this way of collecting and presenting the data, the statistical data of the Ministry of Internal Affairs of the Republic of Serbia for the period from 2007th till 2011th as an example of the kind of data that were collected for the fifth edition of the European sourcebook of crime and criminal justice will be presented.

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ЕВРОПСКИ НАЛОГ ЗА ХАПШЕЊЕ КАО МЕХАНИЗАМ ЕКСТРАДИЦИЈЕ У МЕЂУНАРОДНОЈ КРИВИЧНОПРАВНОЈ САРАДЊИ

Author(s): Vanda Božić,Saša Knežević,Željko Nikač / Language(s): Serbian / Issue: 79/2018

The subject of the paper is the European Arrest Warrant as a Model of Extradition of EU Member States, established by the EU Council Framework Decision (2002/584/ PUP) of 13 June 2002 about the surrender procedure between the EU Member States. The introductory part of the paper gave a brief overview of the idea of the unification of Europe after the II World War and in this regard the adoption of the EUW as a substitute for slow and insufficiently effective extradition.The central part of the paper contains an exposition of its concept, legislative framework, substantive and procedural legal conditions for publication and content. The EAW can not be issued for all offenses, but only for the works listed in the Catalog 32. The principle of double punishment has been abolished for some serious crimes, as well as the prohibition of the extradition of its own citizens for some financial crimes. In the concluding part pointed to the role of EAW in the construction and functioning of the EU’s single judicial area.

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Европски стандарди и казнени систем Републике Србије

Author(s): Dragan Jovašević,Marina M. Simović / Language(s): Serbian / Publication Year: 0

When it comes to social reaction measures towards perpetrators of criminal acts all contemporary states recognize several different types and measures of criminal penalties in their systems. In that way it is possible to accomplish individualization of criminal penalties by type and measure for every perpetrator of a specific criminal act, in accordance with its psychological characteristics, but also level of social threat caused by the degree and intensity of that consequence. Still, in the system of criminal sanctions different types of sanctions that deprive or limit the perpetrators of criminal acts of their constitutional rights, and rights and freedoms recognized by law are the most applied ones. However, that system of sanctions must be at all levels synchronized with relevant European standards.

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Е-ДАНЪЦИ В БЪЛГАРИЯ – СЪСТОЯНИЕ И ПЕРСПЕКТИВИ

Author(s): Elina Marinova / Language(s): Bulgarian / Issue: 1/2016

E-taxation (electronic taxation) is important part of the electronic government concept which is based on the principle of convenient, fast and economic access to administrative service as well as openness, transparency and accountancy of the governance process on the whole. Through this prism, the report analyses the foundations, current state and perspectives of e-taxation in Bulgaria.

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Една делиорманска аянска история от края на XVIII век

Author(s): Mariya Shusharova / Language(s): English,Bulgarian / Publication Year: 0

This article is an attempt at micro-history of an individual ayan (local notable) - Elhac Omeroglu Haci Omer aga - ayan of Hezargrad (Razgrad) in a prolonged period betwen the early 80-s up to his death in 1800. The sources used by the author are mostly single documents from the funds of Basbakanlik Osmanli Arsivi (Istanbul) and the Oriental Department at Sofia's National Library. As far as court records (sicills) remain irreplaceable for the study of a local institution as ayanlik the author had a chance to find some documents complementing the story of the ayan of Razgrad in the court records of the neighboring kazas (administrative districts) - namely Ruscuk (Ruse) and Hacioglu Pazari (Dobrich). Central issue of this paper is the ayanship of Haci Omer aga in the 1787-1792 Ottoman war against Russia and Habsburg Monarchy. The documents shed light on the functioning of the provincial administration in crucial moment when t he war deeply affected everyday life as the province became a battleground. The second half of the 18th century marked the point of Ottoman history where irregular troops composed the largest segment of the army. The local notables assumed a very important role in Ottoman wartime politics because of their indispensable function in manning the army with mercenaries from the province and furthermore - the mobilization of local resources for different war exigencies. This process had a clear repercussion in the documents concerning Haci Omer aga - he is among the ayans addressed by name in the orders of the central government to provide irregular troops. The most important aspect of the story here are the details that reviewed the important role of the ayans from there borderland territories in the precedent as the winter war activity of the Russian army in 1788/9 campaign. The cumbersome effect of the war on the people and respectively the ayan of the region at discussion, the difficulties of providing the sultan with the level of aid that was requested and par excellence the accusation of Haci Omer aga in embezzlement resulted in an order for his execution and also the confiscation of his property. The transgressor had the chance to escape his death, to find refuge, and half a year later the state revoked the prosecution and reimbursed Omera aga at his previous position. The reason for this turn of the state politics was his proficiency in providing troops and tax revenues for the coming war campaign. The magnanimity of the sultan proceeded in bestowal of a robe of honour (fur-lined coat) for the endeavour of the ayan to fulfill his engagements. The problems posed in this article implied some typified renderings of loyalty in ayan context. But furthermore the micro-history gives some details - the multifaceted relationship between the central government and the ayan could be seen also as symbiosis. The state turned a blind eye on some of the local elite transgressions for their indispensable administrative capacity at that stage of the Ottoman history.

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Екологично законодателство. Екологични престъпления и новите промени в Наказателния кодекс

Author(s): Anastasia Ignatova,Stanislav Petkov / Language(s): Bulgarian / Issue: 1/2011

In the evolution of legal protection of the environment we can distinguish two main historical periods. The first is that of the so-called Industrial Revolution from the beginning of the 19th century, and the second is the period of recovery after the Second World War, which lasted until the end of the seventies of the twentieth century. The relationship between economic development and the consumption of natural resources is very well known. It is also obvious that the more we develop the industry, trade and other economic sectors, the more resources are needed. Their systematic exhaustion and the imminent danger of permanent damage to nature are the reason for people around the world to think and take action. European countries are starting to create legislation aimed at protecting the environment, as we know it today at the beginning of the Industrial Revolution. These laws are part of civil and administrative law, their primary objective being to ensure the payment of satisfactory compensation in cases of pollution and to create a system for avoiding damage to the environment and protecting human health. At this early stage in the development of environmental law, it is not considered necessary to criminalize acts damaging to nature, as they themselves were not so prevalent.In the evolution of legal protection of the environment, we can distinguish two main historical periods. The first is that of the so-called Industrial Revolution from the beginning of the 19th century, and the second is the period of recovery after the Second World War, which lasted until the end of the seventies of the twentieth century. The relationship between economic development and the consumption of natural resources is well known. It is also obvious that the more we develop the industry, trade and other economic sectors, the more resources are needed. Their systematic exhaustion and the imminent danger of permanent damage to nature are the reason for people around the world to think and take action. European countries are starting to create legislation aimed at protecting the environment, as we know it today at the beginning of the Industrial Revolution. These laws are part of civil and administrative law, their primary objective being to ensure the payment of satisfactory compensation in cases of pollution and to create a system for avoiding damage to the environment and protecting human health. At this early stage in the development of environmental law, it is not considered necessary to criminalize acts damaging to nature, as they themselves were not so prevalent.

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ЕКОНОМСКЕ ПОСЛЕДИЦЕ КОРУПЦИЈЕ У ПРАВОСУЂУ

Author(s): Boris Begović / Language(s): Serbian / Issue: 2/2005

The aim of the paper was to explore economic effects of corruption in judiciary. The examination included the analysis of economic features of judiciary and economic mechanisms of corruption in judiciary within the theoretical framework of Backer's model of criminal behaviour. The analysis demonstrates that corruption in judiciary violates the rule of law, hence undermines the fundaments of market economy and specialisation, i.e. social division of labour as the ground for improving economic efficiency. As to the static economic efficiency, the most important effect of corruption in judiciary is transaction costs that are generated and the consequent alocative inefficiency. As to the dynamic economic efficiency, corruption decreases economic growth rates and reallocates recourses from productive to distributive activities. The effects of corruption in judiciary to economic inequality are not significant, particularly not comparing with the already identified effects to the economic efficiency.

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ЕЛЕКТРОНЕН РЕГИСТЪР НА СПОРТНИТЕ КЛУБОВЕ

Author(s): Maria Kableshkova,Kiril Kableshkov / Language(s): Bulgarian / Issue: 1/2016

At the era of information society that we are living nowadays each fact of our lives receives a virtual form. Electronic register of sports clubs shows that undoubtedly the future of our legal system is closely connected with the disadvantages and features.

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ЕЛЕКТРОННА ИДЕНТИФИКАЦИЯ И ЕЛЕКТРОННИ УДОСТОВЕРИТЕЛНИ УСЛУГИ

Author(s): George Dimitrov,Svilena Rakshieva / Language(s): Bulgarian / Issue: 1/2016

With the adoption of Regulation (EU) No. 910/2014 the electronic identification and the electronic trust services become particularly important to the digital document turnover at both national and European level by receiving a key role in the built-up of trust in the electronic environment and in the opportunities it offers. The new European legal framework, directly applicable to the national legislation, is expected to significantly boost the electronic identification and the electronic trust services, as a result of which these tools will substantially contribute to the increase of the transparency, the neutrality and thus of the effectiveness of electronic transactions.

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