Сучасні проблеми криміналістичної тактики: традиційні та інноваційні напрямки розвитку

Author(s): V. M. Shevchuk / Language(s): Ukrainian Issue: 150/2020

The article is devoted to the research of current problems of criminalistic tactics. The modern tendencies of development of criminalistic tactics are analyzed, the basic innovative directions of researches and problems use of tactical means in law enforcement activity which provide its efficiency and effectiveness are defined. The interrelation of criminalistic tactics with practice, modern achievements of science and technology, tendencies of development of criminalistics and other sciences is traced, the integrative character of criminalistic knowledges is noted. The current understanding of the concept of criminalistic tactics is considered, its definition taking into account traditional and innovative approaches in criminalistic science is offered.Is justufied that one of the most important tasks of further development of criminalistics is to improve the structure of criminalistic tactics in view of the emergence, development and current state of certain innovative directions of this branch of criminalistics. Research of new branches of criminalistic tactics to an increasing extent defined innovative directions of modern criminalistic researchers in this field of knowledge. The use of criminalistic tactics should cover all activities (investigative, judicial,prosecutorial, attourneys, searches, detective, etc.), which takes into account the tendency to expand the scope of criminalistic knowledge in legal practice. At the same time, attention is drawn to the negative trend of excessive expansion of such boundaries by some scholars and it is noted that such proposals and approaches must be limited to taking into account the subject of criminalistics (tactics) and the objects of its study.Is noted that the current trends in the development of criminalistic tactics require the expansion of its research boundaries, require innovative approaches to solving these problems. Innovative directions of research today, along with investigative and judicial tactics, are also its other particular sub-sectors,such as tactics of public prosecution, tactics of professional defense, tactics of search activities, tactics of criminal activity. In further researches demand problems of particular scientific theories, tactics of carrying out investigative (search), unspoken investigative (search) and judicial actions, questions of tactics of the organization and carrying out of tactical-criminalistic complexes Scientific approaches and proposals for solving the researched problems are formulated, innovative directions of development of criminalistic tactics are defined

Сходство и различие между престъпленията против данъчната система и други престъпни състави

Author(s): Daniela Stoyanova / Language(s): Bulgarian Issue: 1/2020

The article provides a juxtaposition between criminal offences against the tax system,on one hand, and document crimes, document fraud and crimes against the management order,on the other. The similarities and the differences between the listed crimes have been analysed,while criteria for their differentiation have been specified

СЪВРЕМЕННИ ИЗМЕРЕНИЯ НА МЕЖДУНАРОДНО ПРАВНОТО СЪТРУДНИЧЕСТВО ПРИ РАЗСЛЕДВАНЕТО НА ТРАНСГРАНИЧНИ ПРЕСТЪПЛЕНИЯ

Author(s): Ralica Voinova,Aleksandra Iliova / Language(s): Bulgarian Issue: 4/2018

This article aims to explore the latest draft legislation of EU in the area of criminal investigation of cross-border crimes. The legal mechanisms in this field need to be in line with the progress in modern electronic technologies. Cyberspace is a favorable environment for the preparation and execution of numerous crimes of a cross-border nature due to the supranational coverage of Internet. Therefore, electronic networks and communication technologies could be a valuable source of information concerning the identity of the perpetrator of any type of offense, about his/her relationship with other persons, organizations and institutions and also to contain data on the preparation and/or the consequences of the criminal act. Such information relevant to the subject-matter of criminal proceedings may be revealed through the means of gathering of electronic evidence. In this regard, in April 2018, the European Commission proposed for discussion two new legal instruments regulating the use of a European Production Order and a European Preservation Order for electronic evidence in criminal matters within the EU.

СЪВРЕМЕННИ МЕТОДИ НА ЗАЩИТА СРЕЩУ ФАЛШИФИЦИРАНЕ НА СТОКИ И ДОКУМЕНТИ

Author(s): Tsvetan Kitov / Language(s): English Issue: 1/2018

This article draws attention to the rising of counterfeiting and piracy in the world economic proses. The main methods for combating the counterfeiting of goods and documents are presented. The new method of laser cryptographic tagging allows unified authentication and authentication and cannot be falsified by existing technical means.

Съвременно право

Frequency: 4 issues / Country: Bulgaria

<p><em>Contemporary Law</em> Journal was established in 1991. It is published by the <em>Faculty of Law of Sofia University &ldquo;St. Kliment Ohridski&rdquo;</em>, which is the oldest, the largest and constantly being awarded the highest accreditation ratings Law faculty in Bulgaria. It is printed and distributed by <em>Sibi</em> Publishing House -- the only Bulgarian publishing house specialised in legal literature.</p> <p>The journal&rsquo;s publications include academic, scientific-practical and other research papers by Bulgarian and foreign authors. It reflects achievements in all areas of law and its application &ndash; theory and history of the state and the legal systems, administrative law and administrative procedure, property law, civil procedure law, tax law, commercial law, constitutional law, criminal law, criminal procedure law, criminalistics, EU law, financial law, family law and law of succession, intellectual property law, international private law, international public law, labour law, law of obligations, Roman law, social security law; as well as reviews, information on academic forums, case law.</p> <p>The authors involve both respected academics and young researchers at the beginning of their careers. The published research papers cover Bulgarian law and the law of other states, of international organisations, the EU law. Its main headings are &lsquo;Articles&rsquo;, &lsquo;Discussions&rsquo;, &lsquo;Foreign Experience&rsquo;, &lsquo;Improvement of Legislation&rsquo;, &lsquo;Young Contributors&rsquo; and others.</p> <p>Papers are published in Bulgarian with keywords and abstracts in English. Each issue provides basic information about the authors and their contact details.</p> <p>The journal has four issues per year.</p> <p>The Editorial Board members are prominent academics, promising younger specialists, legal practitioners. The international Editorial Board includes established academics from Germany, Portugal, Spain, the Republic of Northern Macedonia and Russia.</p>

Съдебна власт : Тълкувателно решение на ВАС относно обхвата на солидарната отговорност по чл. 177 ЗДДС; С тълкувателно решение Общото събрание на Наказателната колегия на ВКС ревизира постановления на Пленума на Върховния съд от периода 1953 – 1994

Author(s): Author Not Specified / Language(s): Bulgarian Issue: 3/2022

Съдебна практика по прилагане на по-неблагоприятния закон при налагане на доживотен затвор. Съотношение на доживотния затвор с доживотния затвор без замяна

Author(s): Iva Pushkarova / Language(s): Bulgarian Issue: 4/2015

The article studies in detail the whole criminal jurisprudence (a total of 16 cases) on the imposition of the gravest penalties, during the period of reform of the Bulgarian system of penalties, when life imprisonment was introduced (1996) and death penalty was replaced with life imprisonment without commutation (1999). A conclusion is made that the law which introduced life imprisonment is less favourable for the perpetrator within the meaning of Art. 2(2) of the Criminal Code and Art. 7 ECHR and should not have been imposed retroactively, which has been done in 7 cases. The analysis outlines the scope of application of life imprisonment, death penalty, life imprisonment without commutation and imprisonment. Positive and negative judicial approaches towards the applicable law are clarified. All cases of retroactive application of the criminal law are critically analyzed, as well as the causes, reasons and consequences of the judicial decisions. The study considers the fact the all penalties in question are still being executed, and focuses also on their documented effects over the respective convicts and on the impact of the regular and exclusive criminal-law instruments which have been used later to reduce the retroactivity effects following the enforcement of the sentences, i.e. conditional release after commutation under Art. 38a(3) of the Criminal Code, and pardons.

Съдебната реформа в България: Възможности за развитие на модерна система за регистрация

Author(s): Author Not Specified / Language(s): Bulgarian

The brochure was published for the workshop Reforming Judiciary in Bulgaria: Towards the Introduction of Modern Registration System held in September 2002. It contains the full text of the report on the opportunities for developing Central Register of Legal Entities and Electronic Registries Center in Bulgaria, developed by the CSD Task Force, presentation of the experience of Norway and other European countries as well as information on the operation of the European Business Register.

Съдебни заседатели

Author(s): Dimitar Mladenov / Language(s): Bulgarian Issue: 2/2016

The present procedure of election of jurors in Bulgaria and the legal requirementsto the nominees have serious legal gaps and imperfections which becomes an obstacle forthe election of the most virtuous and capable people.

Съдебно установеното задължение за издръжка и установителният иск по чл. 439, ал. 2 от ГПК

Author(s): Ivaylo Donev / Language(s): Bulgarian Issue: 2/2021

This article considers the practical aspects of the protection and establishment of the fulfillment of the court-established legal obligation for maintenance by the parent who has not been granted the exercise of parental rights and has been sentenced to pay maintenance by virtue of a court act. The elements of the legal relationship, which arises in the judicially established obligation for maintenance and the possibilities of the obliged party to protect the lawfully executed bona fide execution outside the court act, assigning him the manner of execution through the declaratory action under Article 439, Paragraph 2 of the Bulgarian Code of Civil Procedure.

Съдържание

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

Съдът като главен субект на наказателния процес

Author(s): Vasil Kolev / Language(s): Bulgarian Issue: 1/2017

The reportanalyses the procedural status of the court as the main subject in criminal procedure. An emphasis has been placed on several of the most significant characteristics of the court’s procedural activity in the two phases of criminal procedure, also in view of the central role of court proceedings. The competences of the court have been compared to the ones of the other state procedural bodies.

Създава ли достатъчна гаранция за правото на справедлив процес възможността за възобновяване на наказателното дело, когато касационният съд е приложил закон за еднакво или по-леко наказуемо престъпление

Author(s): Georgi Mitov / Language(s): Bulgarian Issue: 1/2012

The article examines the 2011 amendment of art. 422, par. 1, item 1 of the Bulgarian Criminal Procedure Code (CPC) which provides the convict with the option to request reopening of the criminal case if it falls under art. 354, par. 2, item 2 of the CPC – when the court of cassation amends the sentence by applying the law on the same or milder punishable offence. This amendment was provoked by the European Court of Human Rights judgment on the Penev vs Bulgaria case where this particular power of the Supreme Court of Cassation is viewed as a violation of art.6, §3 (а) and (b) of the ECHR. By examining the essence and the particularities of the provisions of art. 354, par. 2, item 2 of the CPC, the case law of the court related to art.6, §3 (а) and (b) of the ECHR and its motivation in the Penev vs Bulgaria judgment, the author justifies the conclusion that introducing the option for reopening of the criminal proceedings by the convict’s request in cases under art. 354, par. 2, item 2 of the CPC is a positive amendment to the CPC but it does not provide sufficient guarantee for the defendant’s right of fair trial under art.6, §3 (а) and (b) of the ECHR.

СЪКРАТЕНОТО СЪДЕБНО СЛЕДСТВИЕ – ВЪЗМОЖНОСТ ЗА РАЗГЛЕЖДАНЕ И РЕШАВАНЕ НА ДЕЛАТА В РАЗУМЕН СРОК

Author(s): Tanya Raycheva / Language(s): Bulgarian Issue: 1/2021

The abbreviated judicial trial is a procedure for accelerating the criminal proceedings. It is regulated in two forms with different consequences for the defendant that contribute to hearing and deciding of cases within a reasonable time. The present paper analyses contradictory legislative changes. Proposals are made to change legal regulations of the forms of the institute and set a deadline for the preliminary hearing to the operative hearing.

СЪОТНОШЕНИЕ МЕЖДУ КВАЛИФИЦИРАНАТА КРАЖБА И ИЗПОЛЗВАНЕ НА ПЛАТЕЖЕН ИНСТРУМЕНТ БЕЗ СЪГЛАСИЕ НА ТИТУЛЯРА

Author(s): Ivaylo Angelov / Language(s): Bulgarian Issue: 1/2016

The topic is related to the controversial practice of the courts and the difficulties while qualifying the action in the cases when the unlawful usage of „instrument of payment” results in deforce of money. The term „instrument of payment” has been clarified with regard to the international and Bulgarian legal regulations.

Съставляват ли престъпленията по чл. 255, 255а и 256 НК, респ. чл. 255–257 НК (обн., ДВ, бр. 62 от 1997 г.), противоправни деяния по смисъла на чл. 45 ЗЗД

Author(s): Ivan Doynov / Language(s): Bulgarian Issue: 4/2016

In its Interpretative Judgment No. 4/2015, the General Assembly of the Penal Chamber of the Supreme Court of Cassation defines the crimes under Arts. 255, 255a and 256 of the Criminal Code, respectively Arts. 255–257 of the Criminal Code, as illegal acts in terms of Art. 45 of the Law on Obligations and Contracts. The judicial practice of the Civil Chamber of the Supreme Court of Cassation in this matter is contradictory. The problem boils down to differentiating between the essence of civil legal responsibility and the responsibility for non-fulfilment of public law obligations, the latter being regulated by the respective public law acts. The confusion between these two types of responsibility may cause a lot of difficulties and controversies. The institute of tort is deemed to defend absolute civil rights belonging to other individuals. If the standpoint adopted by the Supreme Court of Cassation is shared, it is possible for the state to collect one and the same amount twice, which contravenes the main principles in law. In relation to this, it is worth distinguishing between the nature of the obligation to pay taxes and the respective civil claim’s admissibility and fumus boni iuris. This article is not a comprehensive one; it just aims at initiating a discussion on the problem posed, so that the said discussion leads to abandoning the civil law interpretation demonstrated in the Interpretative Judgment No. 4/2015 of the General Assembly of the Penal Chamber of the Supreme Court of Cassation.

СЪЩЕСТВЕНИ НАРУШЕНИЯ НА ПРОЦЕСУАЛНИТЕ ПРАВИЛА, СВЪРЗАНИ С ПРАВОТО НА ОБВИНЯЕМИЯ ДА ДАВА ОБЯСНЕНИЯ ПО ОБВИНЕНИЕТО В ДОСЪДЕБНОТО ПРОИЗВОДСТВО

Author(s): Martin Baev / Language(s): Bulgarian Issue: 1/2021

This material aims to examine the violations of procedural rules which affect the right of the accused in pre-trial proceedings to give explanations, to indicate the manifestations of these breaches and where necessary to make proposals de lege ferenda to clarify of the regulations.

Същинските данъчни престъпления по НК на РБ – общи положения и проблеми, свързани с правоприлагането

Author(s): Roumen Vladimirov / Language(s): Bulgarian Issue: 8/2018

In the article under consideration are the basic features of the real three types of tax crimes.These are: avoidance of the establishment or the payment of tax obligations in big amounts – Article255 of the Criminal Code; the fulfilment of the same assault through allowed means – Article255а of the Criminal Code and the so-called tax fraud – Article 256 of the Criminal Code. The authorpays attention to some issues with regard to the regulation and the application of the norms ofthese offences. On the first place there is the issue of the subject and above all of the use of differentcriteria with regard to the content of the terms „big amounts“and „particularly big amounts“, including the cases of tax fraud under Article 256 of the Criminal Code. The second issue, which can now be considered to be solved by two interpretative decisions of the Supreme court of cassation, which provide a negative reply. In particular these are the questions whether the subject of those offences may be only the taxable person and whether it is a compulsory precondition that a tax assessment has been carried on and an amended assessment has been issued. The third issue is about the question how efficient are the norms for the real tax offences and the necessity for the amelioration of their legislative regulation, in which respect there exist some reserves.

Същност и значение на вината в наказателното право

Author(s): Yavor Boyadzhiev / Language(s): Bulgarian Issue: 1/2003

Същност и особености при разпознаването на лица и предмети

Author(s): Ivan Avramov / Language(s): Bulgarian Issue: 1/2022

Identification of persons is a method of collecting and verifying evidence, which establishes the identity between the persons presented for identification and those who are claimed in the testimony of the identifier. The main purpose of the identification is the collection of evidence and verification of existing ones, which can be done through the formed investigative versions. The identification, along with the inspection, search, seizure and investigative experiment as means of proof in criminal proceedings, is carried out in the presence of witnesses.