Право, Политика, Администрация

Frequency: 4 issues / Country: Bulgaria

<p><em>&ldquo;Law, Politics, Administration&rdquo;</em> Journal is issued by the Department of &ldquo;Public Law&rdquo; of the Law and History Faculty of the South-West University &ldquo;Neofit Rilski&rdquo;, Blagoevgrad, Bulgaria. It is a periodical edition that is released 4 times a year publishing current research works.</p> <p>It is an open access journal.</p> <p>Articles in Bulgarian, English, French, German, Spanish and Russian languages could be submitted.</p> <p>The publication in the journal is based on two independent blind reviews of any proposed material.</p> <p>Scholars and practitioners from Bulgaria and abroad having an interest in contemporary law, politics and administration could publish their results in the journal.</p> <p>The journal also publishes book reviews, information on scientific events, celebrations and so on.</p> <p>The journal provides a platform for PhD students and students from the faculty and university to offer the scientific audience their studies on current issues from their subject areas.</p>

Правова культура як атрибут культури суспільства

Author(s): Anzhelika Savchenko / Language(s): Ukrainian Issue: 2/2020

The article aims to study legal culture as an attribute of culture of society, which forms, and determines behavioral norms and rules in society, sovereignty, and legal awareness in cultural and historical context. Methodological base for this study includes socio-cultural, historical, axiological approaches, and the method of culturological analysis. Scientific novelty of the work lies in author’s attempt to ground legal culture as an attribute of culture of society, which forms and determines behavioral norms and rules in society, sovereignty, and legal awareness in cultural and historical context. Conclusions. Historically, legal culture is an inherent part of the whole culture of society, which combines all the spheres of human activity. Natural stage of civilization development formed a new transformation of mass culture of society, and objective preconditions for formation of the system of representation of legal actuality in views, feelings, i.e. legal awareness and legal culture as an attribute of culture of society. Legal culture reflects tendency and peculiarities of: society, formation and translation of culture in society, culture of its members, and, it changes along with the change of human, their minds, values, and stereotypes of behavior. Human is a social being, that’s why, when staying in society, they hold its fundamental features and qualities. Thus, legal culture, as a way of being in society, appears an essential attribute of society and its culture.

Правова система України в контексті глобалізації

Author(s): O. Sydorenko / Language(s): English,Ukrainian Issue: 09/2016

Problem statement. Globalization is universal in nature and the nature of the phenomenon. It covers not only the global economy, finance, the media, where it manifests itself in the most developed form, and other areas of public life, including the right. This right is not just a means of securing formal processes of globalization and manages, but also feel the same on their part to significant influence. In this regard, the study of any issues related to the transformation of legal phenomena and processes in the context of globalization, today is important. The topical value of the research. A characteristic feature of the modern world is the interpenetration of cultures and principles of law that can be described by such concepts as convergence, integration, assimilation, creative interaction. Covered by the notions of dynamic processes on the one hand, contribute to the formation of a unified world community on the other, accompanied by contradictory processes aimed at identifying cultural identity, legal autonomy and generate a number of important theoretical and practical issues affecting the different sides of law. It comes to the requirements that apply modern legal systems globalization. These requirements cannot be underestimated, since all legal systems regardless of their own free will involve in the changes that are taking place and the conditions of their existence. The aim of the article. The relevance of the proposed research problems caused by the realities of today. In the context of globalization there is a need for theoretical and methodological understanding the nature and trends of the national legal system. The new research paradigms based legal system in the science of state and law, which is important for the formation of legal awareness and implementation of the rule of law in Ukraine. Historical experience shows that proclaimed as universal determinants «universal values» are not always relevant to national legal systems. Templates mechanically transferred often are not zhyttyediyalnymy because it does not take into account the features of the mentality and legal culture, formed in a particular society in the historical and cultural development. The effectiveness and viability of the legal system reflected in the extent to which the modern state links its development with the formation of legal awareness; develop legal culture, the achievement of stability in the legal intrastate and international relations. The article is a review of the main approaches to understanding the processes of globalization, the analysis of the forms and directions of separating from related processes and phenomena that determine the trends of the legal system of Ukraine in the context of globalization. An example of the impact of globalization on the legal system of the state is to take 4 November 1950 in Rome ten member states of the Council of Europe (Belgium, UK, Germany, Denmark, Iceland, Italy, Luxembourg, Netherlands, Norway, France) Convention for the Protection of Human Rights and Fundamental Freedoms and the establishment to ensure obligations under the Convention 21 January 1959 the European court of human rights to consider complaints of violations of the Convention. Ratification of the European Convention enables all persons under its jurisdiction; apply to the European Court if they believe their rights have been violated. This also applies to citizens of Ukraine, which is confirmed by Article 55 of the Constitution of Ukraine. The main systemic risk factor in the formation of a single global world economy that emerged in the context of globalization is that the global economy with its inherent system of international economic relations is increasingly spreading properties market economy as a system of self-organizing, with very weak, uncertain and unstable, crisis management processes. In modern conditions of statehood in Ukraine has intensified the process of reform and renewal of national legislation. These processes caused the transformation period of society and the complexity of social relations that requires not only the most improvement of regulations, but also enhance research problems of formation of law, rulemaking and institute the right. Rule-making in the context of globalization transformed primarily towards the expansion of its social base, that an increasing number of takes not passive, but active and direct participation in the process. This process is transformed and influenced by the fact that in the legal field, new problems whose solution requires mandatory legal regulations at national and supranational levels. Environmental issues, security of information. Demographics require a new approach and new thinking, in which the need to combine all aspects of legal regulation. It would be fair comment is that globalization requires a different view of the rulemaking process, in accordance with other principles of regulation of modern social processes. He has held ethical turn in international relations, which are based need to put ethical principles of human existence in the world: justice, freedom, equality, consensus pluralism. It is impossible to ignore the legal framework traditions and mentality of peoples and impose uniform legal norms. One of the fundamental problems is the right exercise control globalization, harmonization of processes and neutralization of negative consequences. The right should act as a tool of globalization while managing its processes means. The process of globalization in the legal field is developing in two directions, which represent only the transformation of law. On the one hand, it is clear the impact globalization processes on the right, resulting in convergence and convergence of our legal systems. This formed the general trends of development, which include a tendency implementation of national legal systems universally recognized norms and principles; the emergence of new areas of law, such as space, information, change of legislation in connection with the integration processes and more. On the other hand, through the law attempts to steer globalization in a certain way, for example, the introduction of domestic law standards of other countries, thus adapted to the mentality of national legal and other historical and cultural features. Conclusions of the research. So whatever aspects of life of law did not affect the process of globalization should not be destroying national legal cultures. Identity national legal cultures preserved, including the identity of law. States can borrow one of the same law, institutions, law, but the legal system as a whole. Also integrated into the legal system of foreign law acquire national identity in the process of their application. This suggests that the relative autonomy law.

Правове регулювання діяльності Угорщини щодо своєї «спорідненої меншини» на Закарпатті

Author(s): V. A. Czepek / Language(s): Ukrainian Issue: 149/2020

The article analyzes the role and competences of a kin-state in the protection of its national minority living abroad. The issue had been analyzed with the example of Hungarian unilateral legal acts, which present legal consequences and the legitimacy of the actions of a kin-state. The article focuses on the basic international legal mechanisms for the protection of the rights of national minorities and the recommendations given by international advisory bodies in this area.According to international law, the state, in which the minority lives, has the primary duty to protect minority rights. Only few types of actions can be taken by a kin-state in favour of its kin-minority:actions in the context of international bodies and mechanisms, actions in co-operation with the home state and domestic legislation concerning relations with its kin minority. The last one is not regulated by international law and is broadly discussed in its doctrine.The article analyzes Hungarian domestic legislation providing a wide range of preferential treatment to the members of the kin minorities in Zakarpattia, namely Act LXII OF 2001 on Hungarians Living in Neighbouring Countries and Аmendment of Act LV of 1993 on Hungarian citizenship. Soft law instruments confirm that this kind of legislation of kin-states has to be assessed in accordance with relevant principles of the international law, such as territorial sovereignty of the state, pacta sunt servanda, friendly relations among state and the respect of human rights and fundamental freedoms, in particular the prohibition of discrimination.

Правове регулювання політики національної безпеки країн Балтії в контексті еволюції стратегічних концепцій НАТО

Author(s): Ivan Yakoviyk,S. S. Shestopal / Language(s): Ukrainian Issue: 143/2018

The formation and development of the policy of national security of the Baltic States from the moment of independence has been considered. The impossibility of using the Soviet model of security in the Baltic States was discovered primarily because of the radically different size of states, the nature of threats and resource potential, as well as its non-compliance with the security models in force in the EU and NATO.Accession of the Baltic States to the EU and NATO changed the situation with ensuring national security in the Baltic States. Membership in NATO provided the countries of the region with access to collective defense, which they became part of. At the same time, the Baltic countries were forced to consider the problem of security in the context of providing international security, which at the beginning of the XXI century. is characterized by the expansion of asymmetric threats. This led to a radical change in the defensive concepts and concepts of national security in Estonia, Latvia and Lithuania in accordance with the principles of the UN, NATO and the EU. It is established that in the EU there is a difference in the vision of the nature and origin of security threats between Western European, Eastern European and Mediterranean countries. And even in the Baltic countries, the same threats can be in one country in the list of external threats, while in others - internal ones. The orientation of the Baltic States in the field of security in NATO, and not in the EU, is due in particular to the fact that the security problem in the Eastern Partnership region has not been adequately reflected in EU policy as a tool for its solution. It has been established that a key political document reflecting the common vision of NATO's objectives is strategic concepts that directly affect the content and direction of national security policies of NATO member states. Each of the following Strategies aims to ensure a qualitative modernization of the Alliance, turning it into a multifunctional mechanism for responding to crises. The paper analyzes the evolution of the strategic concepts of the North Atlantic Treaty Organization from the end of the 1990s to the present time, as well as their influence on the development of the policy of national security and defense of the Baltic States. The emphasis is placed on the absence of the problem of maintaining state sovereignty in the conditions of the state's membership in NATO. In order to maintain stability in the Baltic Sea region, the Baltic States seek to strengthen military-political cooperation in all critical sectors with the countries of the Northern region of Europe and Poland. Relations with Russia are mainly based on international treaties signed with Russia by the EU and NATO. Bilateral cooperation with the United States, as well as the activities of the Baltic States in NATO and the EU, remain of strategic importance to ensure their safety.

Правові та організаційні інструменти реалізації Спільної зовнішньої оборонної політики ЄС на сучасному етапі

Author(s): Olesia Y. Tragniuk / Language(s): Ukrainian Issue: 143/2018

The article deals with the problems of legal and institutional support for the implementation of the Common Defense Policy of the EU in current circumstances. The peculiarities of legal regulation of this policy and certain organizational and legal forms of its provision have been determined. It has been established that the legal instrument that provides the implementation of the General Defense Policy, which is an integral part of the Common Foreign and Security Policy of the EU, has its own features related to the nature of the cooperation of the member states in this area. It is about not so significant, in comparison with economic sphere, restriction by the member states of their sovereign rights in determination of questions of external safety and defense. The consequence of this is the adoption of acts that are predominantly «soft» by their character.The EU initiatives in the field of strengthening the Union's defense capabilities in the context of the implementation of the Global Strategy for the European Union's Foreign and Security Policy have been analyzed as well as the international legal framework for cooperation between the EU and NATO with regard to ensuring common defense and security objectives, and also the legal nature of the European Union's acts in the field of the Common Defense Policy has been determined.

Правовые проблемы международной защиты культурных ценностей в случае вооруженного конфликта (Обязательства Республики Польша)

Author(s): Anna Gerecka-Żołyńska / Language(s): Russian Issue: 4/2014

The aim of the study is to evaluate the legal issues related to the obligations of the Republic of Poland in the context of an armed conflict according to the legal aspects of an international protection of cultural property.

Правозащитен прочит на делото в Либия

Author(s): Vladimir Sheytanov / Language(s): Bulgarian Issue: 2/2009

Правозащитници и природозащитници в медиен контекст

Author(s): Maria Deenitchina / Language(s): Bulgarian Issue: 5/2019

Human rights defenders and environmentalists can be found in media content depending on the context which is influenced by different factors. We analyze 4 newspapers, oriented in different directions and showing different attitude towards the problems. Their implications may be hidden or more obvious and the role of the journalist in this field is of great importance. The final aim of the research is to find out if presenting of the problems is in public interest or it is influenced by different reasons.

ПРАВОСУДНА КОНТРОЛА У ЕВРОПСКОЈ УНИЈИ: ПРОЦЕСНА ЛЕГИТИМАЦИЈА ДРЖАВЕ ЧЛАНИЦЕ

Author(s): Vesna Knežević-Predić,Zoran Radivojević / Language(s): Serbian Issue: 74/2016

The distinctive character of the European Union (EU) is indisputable. May it be denoted as a supranational or as a sui generis organization (which is a preferred designation of the European Court of Justice), it is considered to be the result of particular features pertaining to the competences, structure and decision makingprocess of the EU. It is a truism that other international intergovernmental organizations do share some or all of these features. Almost all of them have at least one institution which is obliged to act independently of the member states; at least some of their decisions are rendered by majority voting, at least some of which are legally binding. What makes the EU truly and genuinely a unique phenomenon in the field of inter-state organization is a strong and independent judicial system, established to “ensure that in the interpretation and application of this treaty the law is observed“. In effect, it implies establishing a strong and independent judicial system able to enforce the EU law against all those who are under its domain and, above all, to enforce it against the EU Member States. In order to enable the European Court of Justice (the Court of Justice, the General Court and specialized courts) to perform this duty, the Court has been conferred a range of specific powers under the provisions of the Treaty on the European Union and the Treaty on the Functioning of the European Union in particular. The Court is empowered to declare that a Member State has failed to comply with its obligation under the Treaties. The founding fathers of the EU designed three different procedures leading to that effect. The first one has proved to be fairly effective; on the grounds of an action brought by the Commisson, it enables the Court to adjudge whether a Member State did comply with its obligations stemming from the EU law. The next one provides légitimation acctive for the other Member State but it has been very rarely used in the whole history of EU integration and can hardly be considered effective. The last one, possibly the most effective in terms of the accomplishment of the Court’s paramount goal, enables the Court to respond to questions referred to the Court by national courts about the effect of EU law in cases pending before the national courts. Having in mind that the procedure before the Court is just part of the litigation proceding pending in the national court, in this analysis we will set aside the preliminary ruling procedure and focus on the so-called direct actions: Commission v. Member state, and Member State v. Member State. In this paper, we will also focus on Member State’s légitimation active versus EU institutions. The founding treaties provide for the procedures that enable Member States to initiate judicial review of the EU institution compliance with EU law. The action for annulment, the action for failure to act, and the claims relating to compensation for damage caused by the EU institutions or its civil servants in performance of their duties proved to be effective tools for keeping the EU institutions within the limits of competences coffered upon them by the Treaties. In view of the extensive legislative powers which the Treaties have vested in political institutions and given the fact that their scope has been a matter of great controversy, légitimation active of a Member State has proved to be an important element of a sophisticated and balanced system of judicial control.

Правото на самоотбрана съгласно Устава на ООН

Author(s): Katerina Yocheva / Language(s): Bulgarian Publication Year: 0

The article tackles with the important issues with regard to the right of self-defence under Article 51 of the UN Charter. Under particular consideration are the international custom with regard to self-defence as well as Article 51 and the powers of the Security Council.

ПРАВОТО НА СВОБОДНО ДВИЖЕНИЕ НА ГРАЖДАНИ НА ЕВРОПЕЙСКИЯ СЪЮЗ В КОНТЕКСТА НА РЕШЕНИЯТА НА СЪДА НА ЕС ПО ПРЕЮДИЦИАЛНИ ЗАПИТВАНИЯ, ОТПРАВЕНИ ОТ БЪЛГАРСКИ ЮРИСДИКЦИИ

Author(s): Petar Vasilev / Language(s): Bulgarian Issue: XIII/2015

European justice is shared between national and Community courts. Between Bulgarian courts and the Court of Justice has established a mechanism for connection by the institute of preliminary ruling. Within the scientific report will be considered decisions of the Court of Justice preliminary rulings of the Bulgarian courts concerning the question of the right of free movement of EU citizens.

Практиката на държавата като същност на обичайната норма на международното право

Author(s): Aleksander Dragiev / Language(s): Bulgarian Issue: 1/2018

ПРАКТИКАТА НА НАЦИОНАЛНИТЕ СЪДИЛИЩА В МАТЕРИЯТА НА ЗАЩИТА НА ПОТРЕБИТЕЛЯ

Author(s): Vari Belyov / Language(s): Bulgarian Issue: 1/2021

This report addresses issues related to the case law of Bulgarian courts with regard to consumer disputes, as well as the scope of Council Directive 93/13 / EEC of 5 April 1993. on unfair terms in consumer contracts. According to established European practice, national courts should monitor ex officio the existence of unfair terms in consumer contracts with regard to individuals. This obligation of the court was also institutionalized in the amendments to the Code of Civil Procedure from the end of 2019, even with regard to unilateral proceedings that lead to the issuance of a title for execution (such as the procedure for issuing an order for immediate execution), namely in line with the new case law of the Court of Justice of the European Union. This report addresses issues related to the legal dimension and the court's assessment of whether a clause in a consumer contract should be treated as unfair under our domestic and Union law.

Практическо значение на менителницата и записа на заповед в международната търговия

Author(s): Tsvetan Krumov / Language(s): Bulgarian Issue: XIV/2016

This article outlines the practice of USA banks to extend credits abroad (incl. in Bulgaria) via promissory notes and the particularities of the laws in the USA facilitating this practice. Further, some specific forms of international trade financing have been analysed, i.e. forfaiting, documentary bills and acceptance letters of credit. Some key differences in the substantive laws of the major legal systems have been summarized, that justify the significance of the conflict of laws analysis with respect to negotiable instruments.

ПРВА КОНФЕРЕНЦИЈА ЗА РЕВИЗИЈУ СТАТУТА МЕЂУНАРОДНОГ КРИВИЧНОГ СУДА

Author(s): Nebojša Raičević / Language(s): Serbian Issue: 58/2011

The First Review Conference of the International Criminal Court Statute was held in Kampala in 2010. The Conference participants discussed the amendments to the Rome Statute and evaluated the operation of the International Criminal Court in the previous period. They adopted the amendments on aggression and on expanding the list of war crimes in non-international armed conflicts but they refused to accept the amendment proposing changes to Article 124. As for the operation of the International Criminal Court, this Conference identified the major problems this judicial institution had been facing and proposed appropriate measures to overcome these problems.

ПРВИ СТУБ ЕВРОПСКЕ УНИЈЕ - ACQUIS COMMUNAUTAIRE

Author(s): Zoran Radivojević / Language(s): Serbian Issue: 44/2004

The first pillar of the European Union comprises the European Communities as integrated supranational organizations of a solid and coherent legal system (community law) and highly developed structure. The peculiarity of their jurisdiction is reflected in their binding decisions, specific characteristics of the legislative and decision-making process, and the supremacy of the bodies composed of independent persons or directly elected citizen representatives. In addition, the European Communities appear as legal persons in the internal orders of the member states, with all the essential features of international law subjectivity. In contrast, the European Union is a hybrid development, representing a combination of elements of supranationalism and integration which are predominant within the Communities (the first pillar) and the traditional interstate co-operation in the field of foreign politics and political security (the second pillar), jurisprudence and internal affairs, i.e. judicial and police co-operation in criminal matters (the third pillar). Due to its hybrid nature, the European Union is not an autonomous subject in internal and international law but only a common denominator, a unique framework within which Comminities still retain the character of a legal person and their full international subjectivity, which is augmented by common policies and upheld though new areas of co-operation.

Прво заседање Форума за разматрање међународних миграција, Њујорк, 17-20. мај 2022. године

Author(s): Zoran Stojanović / Language(s): Serbian Issue: 95/2022

Преглед на актуалните договори между република България и Китайската народна република в сферата на правосъдието

Author(s): Svetoslav Mishev / Language(s): Bulgarian Issue: 1/2017

Three contracts in the sphere of justice are concluded between the Republic of Bulgaria and the People’s Republic of China. The first was signed in 1994 and regulates the legal aid in civil cases. The second contract is for cooperation in criminal cases since 1995. The third contract since 1997 regulates the extradition of persons between Bulgaria and China. The official body for judicial cooperation is the Ministries of Justice of both countries.

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.