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Някои особености на медиацията в гражданския процес

Author(s): Violeta Kotseva / Language(s): Bulgarian Issue: 1/2011

Mediation is a voluntary out-of-court procedure that can significantly to ease the work of the justice system. The suggestion for initiating mediation can do both parties to the dispute together or each of them separately, as well as a court or other competent authority before which the dispute has already been resolved. Statistics show that cases are increasing its number, and society remains increasingly dissatisfied with the lawsuit. But the theoretical potential for the great practical application of this institute has not been realized. Still the concept and procedure are unknown or in the most the best case - poorly known.Mediation is a voluntary out-of-court procedure that can significantly to ease the work of the justice system. The suggestion for initiating mediation can do both parties to the dispute together or each of them separately, as well as a court or other competent authority before which the dispute has already been resolved. Statistics show that cases are increasing its number, and society remains increasingly dissatisfied with the lawsuit. Mediation is a voluntary out-of-court procedure that can significantly to ease the work of the justice system. The suggestion for initiating mediation can do both parties to the dispute together or each of them separately, as well as a court or other competent authority before which the dispute has already been resolved. Statistics show that cases are increasing its number, and society remains increasingly dissatisfied with the lawsuit. However, the theoretical potential for the great practical application of this institute has not been realized. Still the concept and procedure are unknown or in the most the best case - poorly known.Still the concept and procedure are unknown or in the most, the best case - poorly known.

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ВЪТРЕШНАТА ОРГАНИЗАЦИЯ НА ДРУЖЕСТВАТА НА ПУБЛИКАНИТЕ СПОРЕД РЕЧИТЕ НА ЦИЦЕРОН СРЕЩУ ГАЙ ВЕРЕС

Author(s): Stoyan P. Ivanov / Language(s): Bulgarian Issue: 3/2018

The article is dedicated to the analysis of the information we receive from the speeches of Marcus Tulius Cicero against the former governor of the Roman province of Sicily Gaius Verres. Subject of the study are the Roman provincial government, the ways of collecting taxes in Sicily, the subjects involved in the collection of taxes and public revenues in the Roman provinces and their internal organization. In the article are commented and translated many passages from the Verines, which confirm that the companies of the publicans (societates publicanorum), charged by the Roman state with public functions to collect taxes and public revenues in the roman provinces at the end of the Roman Republic, at this period have a particular internal organization very similar to that of the modern legal entities of corporate type.

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Сравнително изследване върху основните механизми за подпомагане на инвестициите във възобновяеми енергийни източници в държави-членки на Европейския съюз

Author(s): Dimitar Dimitrov / Language(s): Bulgarian Issue: 2/2011

Renewable energy sources require national subsidies to compete with existing technologies and a distinction can be made between three types of schemes that stimulate the creation and use of RES; a system of preferential tariffs, a system of "green bonuses" and a system of "green certificates". Each Member State has implemented this strategy differently. For example, some have made a distinction with regard to guaranteed payments (up to 20 years) or the amount of subsidies. It is interesting to observe, with regard to the financial promotion of a technology, that guaranteed payments have become little or much harmonized in individual jurisdictions without regulatory intervention by the EU. This leads to the conclusion that there is a fair subsidy regime that is diminishing over time.

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Някои бележки около появата на законодателни инициативи срещу носенето на бурка на обществени места в страни-членки на Европейския съюз

Author(s): Tencho Yordanov / Language(s): Bulgarian Issue: 3/2010

The author provides brief examination of the origins of the public discourse and subsequent legislative efforts on the institutional, municipal and state levels. The competing rationales for such efforts in the different member-states are discussed and illustrative cases are presented that highlight the problematic nature of such restrictions and the difficult balance between the religious freedom of the Muslim immigrants and the Western societies’ notion of integration.

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Путь в никуда: социальная политика Комитета членов Всероссийского учредительного собрания (июнь — ноябрь 1918 г.)

Author(s): V. M. Rynkov / Language(s): Russian Issue: 26/2019

Social policy was one of the most important components of politics in Komuch, most fully reflecting the specifics of a “third way” in the Civil War. Historiographical analysis shows that, until now, scholarly attention has focused on its individual aspects, and a holistic view has not yet been created. The article reveals specifics of interactions between the authorities and society in Komuch. Inclusion of many heterogeneous associations in the decision-making process led to the formation of a polycentric model for developing social policy, which was implemented as a result of the interaction of different political forces. The main facets of Komuch social policy included regulating property relations, social and labor spheres, assistance to refugees, support for military personnel and their families, social transfers, and education policy. Except for the first two, these policies remained in their infancy. Along with beginning to return property, the Volga government continued seizures, and transferred most of what was nationalized to local governments. Numerous prescriptions in the field of workers' legislation focused on establishing a social compromise, to the achievement of which there were no material and political prerequisites. Komuch sought to minimize social spending, to free up the state apparatus by shifting social obligations to local governments, entrepreneurs, and public organizations. Assistance to socially disadvantaged groups was episodic, mainly at the last stage of the existence of the Komuch authorities and aimed mainly at helping state officials. Regulatory prescriptions were not consistent with declarations and did not correspond to main groups’ ideas about social justice and could not be realized in the current social situation. Local governments, the army, powerful public corporations, such as trade unions, business organizations, neighborhood councils and others, ignored the prescriptions of the authorities and acted on their own interests.

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TÜRK ÇAĞDAŞALAŞMASININ BİR ÖGESİ: ATATÜRK VE KADIN

Author(s): Nilgün Nurhan KARA / Language(s): Turkish Issue: 01/2019

Even though Ottoman statesmen and intellectuals undertook certain endeavors in order to ensure the continuity of the state during the process of collapse, the state could not be rescued. Achievements resulting from activities and innovations they performed, would establish the ground for the developments in the newly-established Turkish Republic. The point that attracts attention here is the process about the situation of women in social life. Despite the earlier achievements, women’s acquiring the place they deserved in the public sphere and political rights would be with Ataturk. Because for Ataturk, who aimed at raising the society to the level of modern civilizations, it was necessary to progress with women and men together.

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Razvoj in ureditev sodišč za reševanje socialnih sporov v prvi Jugoslaviji

Author(s): Katarina Kresal Šoltes / Language(s): Slovenian Issue: 1/2006

The paper looks at the setting up of workers' insurance courts from the viewpoint of the development of the social judiciary and trial standards. With the right to judicial protection ranking among the highest standards of human rights protection, the paper's point of departure is a thesis according to which the level of the social protection law in a specific historical period may also be determined by the development of certain judicial standards. According to the author, the value of the workers' insurance courts in the considered period lay mainly in their implementation of the judicial protection of human rights, by means of a full jurisdiction trial before an independent professional judge and interested lay assessors, and being friendly to the plaintiff - insurant.

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Приветствено слово, произнесено на церемонията по удостояване на акад. Антонио Фернандес де Бухан и Фернандес с почетната титла Doctor Honoris Causa на Нов български университет

Author(s): Juan Manuel Blanch Nuges / Language(s): Bulgarian Issue: 3/2018

Welcome speech delivered at the ceremony of awarding acad. Antonia Fernandes de Buhan and Fernandez with the honorary title Doctor Honoris Causa

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THE LEGAL NATURE OF SOCIAL INSURANCE IN KOSOVO IN THE SPIRIT OF EU INTEGRATION

Author(s): Avdullah Robaj / Language(s): English Issue: 1/2019

Benefits, according to social insurance funds, have the nature of compensation for lost profits. Hence, the social insurance function has to meet the most important subjective requirements, provide for bare needs, and fulfil minimum standard of living. Contemporary states undertake a series of economic, social, cultural, health, and legal measures to ensure the protection of individuals and family. Various authors define the level of satisfying the needs as the social minimum. Thus, a special law provides the right to material benefit for those in need. Therefore, Kosovo pays special attention to family, mothers, children, martyrs, invalids, veterans and KLA members. The social insurance scheme in the Republic of Kosovo is not defined by a special law, but is defined by a set of laws. Thus, Kosovo has currently legal infrastructure necessary for beneficiaries of the social insurance scheme, though not in the desired form and capacity.

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Действие на вписването в търговския регистър

Author(s): Polya Goleva / Language(s): Bulgarian Issue: 2/2009

Under the Commercial Register Act, which governs this issue in Art. 7, the entry has a notification effect - it is believed that the recorded circumstance has become known to the third conscientious persons from the moment of entry. The law therefore provides for a rebuttable presumption of knowledge.

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Преглед на правната защита на автроското право и сродните му права по българското право и предизвикателствата пред нея в европейнски и международен мащаб

Author(s): Nikolay Ivanov / Language(s): Bulgarian Issue: 2/2009

The history of mankind is a story of the application of imagination or of innovation and creativity to existing knowledge. In this way, the progress of the society in solving some or other problems has been achieved and a higher living standard is achieved 3. Intellectual property is a term that describes ideas, inventions, technologies, works of art, music, literature that are intangible when they are created, but they acquire value in material form as products. Intellectual property is the commercial application of creative thought that solves a particular technical or artistic challenge.

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Рецепция на Римското право в Швейцария

Author(s): Jean-Philippe Dunand / Language(s): Bulgarian Issue: 1/2008

Roman law is an essential part of European legal culture. Terminology and a significant part of the key concepts of European private law derive from the Roman tradition. Let us recall that in the prolonged process of development extending from the 13th to the 16th century, Roman law is an essential part of the legal order in continental Europe - initially with the pre-reception and above all mediated by the church jurisprudence, and at the actual reception, in which the norms of Roman law by secular and civil courts are directly or indirectly applied.

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Конституционна кодификация и некодифицирани конституции

Author(s): Martin Belov / Language(s): Bulgarian Issue: 1/2008

This article aims to explore the phenomenon of constitutional codification. The links between the general codification movement of the late 18th and 19th centuries and the emergence of written and codified constitutions, the scope and scope of codification, the possibilities for further elaboration of the codified constitutions and their advantages will be examined. The constitutional features of other codifications will also be highlighted. At the same time, non-codified constitutions will be analyzed.

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Проблеми на българската здравна система според жалбите и сигналите на пациентите към КЗД, ИАМО и съда

Author(s): Nigyar Dzhafer / Language(s): Bulgarian Issue: 3+4/2018

Each healthcare system has one main task - to solve the health problems of people. Healthcare users can send their complaints and signals of irregularities to different bodies and institutions. The work includes a review of healthcare complaints and alerts submitted to the Commission for Protection from Discrimination (380),the Executive Agency,,Medical Audit” (3472) and the Judiciary (238 cases), examining the periods of existence of CPD and EAMO and a ten-year period in the courts. Useful information on the activities of these institutions, as well as information specifically requested for this publication, has been used. The number of complaints addressed to an institution is most likely influenced by its credibility, the way of filing and the referral, the notification of the investigation and its outcome.

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IUS GENTIUM- римскоправни и съвременни аспекти

Author(s): Malina Novkirishka- Stoyanova / Language(s): Bulgarian Issue: 4/2008

In legal vocabulary, the term "ius gentium" is used in conjunction with international law and Roman law. In both cases, the traditional translation of the term "right of peoples" used in the Romance to refer to part of the applicable objective law in Ancient Rome.

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Действие на обезпечителните сделки

Author(s): Ivan Mangachev / Language(s): Bulgarian Issue: 1-3/2007

When it comes to security transactions, there is no dispute that they fall into the transactions with modality. I think that in this case the application of the art. 25 of the APA, that the validity of the contract may be made in the future a precarious event.

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Условното осъждане в България. Понятието изпитателен срок и неговото значение в наказателното право

Author(s): Reneta Danyovska / Language(s): Bulgarian Issue: 1/2005

The subject of the following report is The issue of suspended sentence in Bulgaria, legal terms for the "probation period" and its importance for the criminal law. The student analyses the current legal organisation of these issues and comments on the main points of the "probation period".

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Условно осъждане на непълнолетни лица

Author(s): Ivelina Petkova / Language(s): Bulgarian Issue: 1/2005

On the thesis “ criminal law redime of conditional condemnation on under ade person. The report focuses on the following questions: concept for ‘condemnation conditional”; Ralation order; Punish person; Specific punishment which are execute in respect of under age perpetrates offence.

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Условна и/или суспендирана присъда и пробация в Хърватска

Author(s): Nikolay Nikolov / Language(s): Bulgarian Issue: 1/2005

In Croatian criminal law the suspended sentence is one of two non – custodial measures (the second is admition) with the purpose of giving the perpetrator a reprimand wich achieves the purpose of criminal sanctions by pronouncing a sentence without executing it. This work examines from all sides the criminal law practice in Croatia referring to conditional and suspended sentence and probation.

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Условно осъждане и предсрочно освобождаване - съпоставка

Author(s): Teodora Popova / Language(s): Bulgarian Issue: 1/2005

Conditional sentencing and early release are two types of release from serving a sentence. The exemption from serving a sentence allows the state to use less criminal coercion when committing a crime.

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