ПРЕХОДЪТ ОТ ПОВТОРНО ИЗПОЛЗВАНЕ НА ИНФОРМАЦИЯ ОТ ОБЩЕСТВЕНИЯ СЕКТОР КЪМ ОТВОРЕНИ ДАННИ. ПОНЯТИЯ И КОНЦЕПЦИИ

Author(s): Kalina Georgieva / Language(s): Bulgarian Issue: 1/2016

This paper presents the topic of reuse of public sector information, established with the Access to public information act. The main perspective toward the problem is regarding the nation of reuse of public sector information. This perspective forms the main research interest for the transition from the reuse of public sector information to the notion of open data. Behind these two notion stand two different concepts for the data held by the public sector bodies. The paper summarises the core elements, building up the new concept for open data and offers a definition of open data.

Прецеденты Европейского суда по правам человека и реализация принципа презумпции невиновности в судопроизводстве Финляндии

Author(s): Vladimir Jilkin / Language(s): Russian Issue: 3/2015

The presumption of innocence is considered by the European Court of Human Rights, not only as a principle of criminal justice, but also as a “concrete and real” defendant’s right to be presumed innocent until the moment of procedural instance described by Paragraph 2, Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The case procedure is based on the presumption of innocence and the interpretation of doubt in favour of the defendant. It protects the suspect, meanwhile the officials authorized to conduct the preliminary investigation, are warned against voicing any allegations.Application of the presumption of innocence in Finland is regarded not only in criminal proceedings but in a much wider spectrum - in tax, environmental, migration and commercial law. These cases are dealt with in the administrative and commercial courts.The present article discusses examples for the application of presumption of innocence in the Supreme Court and the Supreme Administrative Court of Finland in 2014.

Приветствие на Мая Манолова – омбудсман на Република България

Author(s): Maya Manolova / Language(s): Bulgarian Issue: 9/2018

ПРИВИЛЕГИИ ЗА ВЕТЕРАНИТЕ ОТ ВОЙСКАТА В ИМПЕРАТОРСКАТА КОНСТИТУЦИЯ НА ЛИЦИНИЙ ОТ 10 ЮНИ 311 Г. И СЪВРЕМЕННОТО АДМИНИСТРАТИВНО ПРАВО

Author(s): Rayna Nikolova / Language(s): Bulgarian Issue: 2/2020

The article reveals part of the content of Licinius' imperial constitution of June 10, 311. It discusses the administrative status of professional soldiers as a special category of civil servants. It also analyses the administrative status of war veterans in accordance with the current Bulgarian legislation and the Roman traditions, enshrined in it.

ПРИВИЛЕГОВАНИ РОК ЗАСТАРЕЛОСТИ: НЕУЈЕДНАЧЕНА ПРАКСА ВРХОВНОГ (КАСАЦИОНОГ) СУДА И СТАВ УСТАВНОГ СУДА

Author(s): Marija Draškić / Language(s): Serbian Issue: 2/2020

Although the difference in the competences of the Constitutional Court’s and courts’ of general jurisdiction can be observed and explained on the normative and even on the practical level, a heated debate took place in Serbia on whether the Constitutional Court could control judicial decisions at all. This paper seeks to outline one Constitutional Court decision that illustrates the reasons why the Constitutional Court obtained competence for the adjudication of constitutional appeals and therefore entered the area of direct protection of constitutionally guaranteed human rights. In the case that is the subject of this comment, the Constitutional Court acted to harmonize inconsistent case law in the case of the dispute as to whether the prolonged prescription period—in case of damage caused by a criminal offence—runs solely against a wrongdoer, or also against a person liable for damage caused by the wrongdoer, protecting the complainants’ right to a fair trial.

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.

ПРИДОБИВНИЯТ СПОСОБ ПО ЧЛ. 24, АЛ. 4 ОТ СЕМЕЙНИЯ КОДЕКС

Author(s): Dimo Hadzhiev / Language(s): Bulgarian Issue: 3/2020

The subject of research of this article is the acquisition method under Art. 24, para 4 of the Family code (FC). The exposition emphasizes the essence of the subjective right under Art. 24, para 4 FC; the procedure for its exercise; the disputable nature of the disposition transaction under Art. 24, para 4 FC, as well as the legal consequences of the legal judgement under Art. 24, para 4 FC.

ПРИЕМСТВО В ПРОЦЕСА НА ОСНОВАНИЕ ЧЛ. 227 ОТ ГПК ПРИ СМЪРТ НА СТРАНА. ОСОБЕНОСТИ СПОРЕД ВИДА НА ИСКА. ПРОБЛЕМИ В ТЕОРИЯТА И В СЪДЕБНАТА ПРАКТИКА

Author(s): Asya Toromanova / Language(s): Bulgarian Issue: 1/2018

The article treats succession in the event of death of a litigant in the course of a lawsuit. In which case the successors can continue the lawsuit, does continuing the trial depend on the type of claim. It dwells on the problems conserning the legal interest from the claim. The presence or absence of dependancy between succession under the procedure law and inheritance under material law stipulated in the inheritance law. Practice from the supreme court of cassation is quoted.

Признање надлежности Европског суда за људска права у погледу вршења контроле у области заједничке спољне и безбедносне политике

Author(s): Vesna Ćorić / Language(s): Serbian Issue: 54/2015

The Court of Justice of the European Union delivered its Opinion 2/13 on the compatibility of the Draft Agreement on the Accession of the European Union to the European Convention on Human Rights with European Union law in December 2014. The Opinion received significant criticism from academics and other professionals for many reasons, amounting to its uncompromising stance on the incompatibility of the Draft Acession Agreement with the European Union law. So far, the issue of recognition of the jurisdiction of the European Court of Human Rights to judicial review in the area of foreign and security policy turned out to be the most disputable one. This issue will be analyzed in detail within this paper. The paper endeavors to answer the question posed by the Advocate General Kokott in her Opinion. It amounts to dilemma whether or not the principle of the autonomy of EU law can preclude the EU from recognizing the jurisdiction of the European Court of Human Rights in the field of common foreign and security policy having in mind that the jurisdiction of the European Court of Human Rights in the same area extends further than that of the Court of Justice of the EU. To that end, the notion of specific characteristics of the EU law and the impact made by the restricted jurisdiction of the Court of Justice in the given field to the anticipated accession is to be examined.

Призоваване и съобщения в административния процес

Author(s): Doncho Hrusanov / Language(s): Bulgarian Issue: 1/2013

The suggested article reviews the issues related to the summons and official messages within the administrative proceedings - firstly, in the Administrative Procedure Code, then in the Administrative Violations and Sanctions Act and last, but not least - in the more special egislative acts. The article criticizes particular solutions to the issues in the acts and suggests possible improvements to them.

ПРИЛОГ ЗА ЈАВНУ РАСПРАВУ О УСТАВНОСТИ ЗАКОНА О ЦРКВАМА И ВЕРСКИМ ЗАЈЕДНИЦАМА

Author(s): Tanasije Marinković / Language(s): Serbian Issue: 1/2011

In Octоber 2010 a public hearing was held at the Constitutional Court of the Republic of Serbia on the constitutionality of the Act on churches and religious communities. In the present contribution, prepared for that hearing, right to freedom of religion, prohibition of religious discrimination and the principle of secular state, as guaranteed by the 2006 Constitution of the Republic of Serbia, are considered. Analyzing the content of the given rights and principles in the light of the case-law of the European Court of Human Rights and of comparative law, and applying the normative and historical method of interpretation, the author concludes that certain provisions of the Act on churches and religious communities are incompatible with the Constitution of the Republic of Serbia and the European Convention on Human Rights

Прилог за расправу о уставном питању у Србији– Митровдански устав –

Author(s): Mijodrag Radojević / Language(s): Serbian Issue: 1/2009

In this text author analyzed a procedure of making legitimation basis and making basic institutional solutions in the Constitution of the Republic of Serbia (2006). The Constitution has been adopted owing it to a conjunction of political circumstances, caused by an agreement of political parties, thus influencing the way of its making as well as the quality of its constitutional solutions. Through comparison of this Constitution with its predecessor-Constitution of 1990, the author came to conclusion that it is not a new basic legal constitution, but it is a more modified and re- designed old Constitution. As such, it does not create possibility for building of a political community with fundamental democratic principles and values.

Приложение на медиацията в производството по несъстоятелност

Author(s): Yanka Tyankova / Language(s): Bulgarian Issue: 1/2012

The resent importance of this topic is determined by the requirements of the Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters towards the member states concerning the transposition of its provisions on international cases within specified term. The ultimate goal is to provide better access to justice as part of the EU policies for establishing an area of freedom, security and justice which should include access to both judicial and extrajudicial methods of dispute resolution. Successful use of mediation in insolvency proceedings as part of commercial cases is predetermined by the objectives set in art. 607 of the Commercial Code: fair compensation for the creditors and the possibility of recovery of the debtor. Mediation can be used successfully in different stages of the insolvency proceedings: submitting claims, decisions of the creditors committee, confirming a recovery plan, reaching an out-of-court agreement, etc. Without a doubt one of the most efficient uses of mediation is at the stages of drafting, proposing and confirming a recovery plan when the mediator acts as a third party – impartial and neutral figure, which can balance the interests of creditors and debtor. Mediation and other extrajudicial methods of dispute resolution are important tools in deciding civil and commercial cases the United States and many European countries. The ever growing number of international insolvency cases led to the adoption of the Council regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings.

Примењивост европског система људских права у праву Републике Србије и Републике Српске

Author(s): Ivan Joksić,Vidoje Mitrić,Mitar Lutovac / Language(s): Serbian Issue: 59/2017

The European human rights system has much wider achievements in relation to the national legal systems of European countries. The system must be considered in a given time and the spatial context. In the first case it should be considered under the framework of the European Convention, while in the second case, it ought to ensure applicability in all European countries. Since it was made back in 1950, the European Convention is a comprehensive legal instrument and reliable framework for the development of national legal systems in the field of human rights. The European Convention is a starting point in the analysis of progress in the field of standardization, promotion and protection of human rights. Taking into account the common geographical area and historical circumstances of the relations between the successor states of the former Yugoslavia, the authors will focus on the legal analyses of the incorporated system of human rights in the Republic of Serbia and the Republic of Srpska, with special emphasis on the constitutional and legal provisions.

ПРИНУДНО ИСЕЉЕЊE – УНИВЕРЗАЛНИ МЕЂУНАРОДНИ СТАНДАРДИ

Author(s): Ivana Krstić / Language(s): Serbian Issue: 2/2013

This paper explores universal international standards in the area of forced eviction. Тhe author presents the UN instruments that guarantee the right to housing, and the relevant practice of the UN committees. According to this practice, the authority which decides on the eviction must assess whether, in any particular case, the principle of legality and the principle of proportionality are met. While the legality means compliance with the law, proportionality implies respect for a number of procedural requirements, which are reflected in the timely notification of planned measures, holding of consultations with the population affected by the measure, the safeguard of an adequate legal remedy, compensation for damaged property and the provision of alternative accommodation. Also, the most vulnerable groups in society deserve a special care, meaning a careful planning and respect for their human rights.

ПРИНЦИП РАВЕНСТВА ГРАЖДАН ПЕРЕД УГОЛОВНЫМ ЗАКОНОМ И ПРЕДЕЛЫ СУДЕЙСКОГО УСМОТРЕНИЯ

Author(s): Tatiana Klenova / Language(s): Russian Issue: 1/2015

This material is about definition of the principle of equality with account of specificity of criminal law relations, also that the principle of equality cannot be realized in the conditions of politically conflict criminal law regulation, deformation of professional legal consciousness, excessive freedom of the judicial discretion.

Принципи «Правди Руської» продовжують жити в правовій системі сучасної України

Author(s): V.N. Ermolaev / Language(s): Ukrainian Issue: 150/2020

The law of modern Ukraine has its origins in common law and princely legislation, judicial practice in Kievan Rus. In Russian Truth, begun by Yaroslav the Wise, these sources of law allowed the legislator to formulate in the first domestic code the rules that regulated new public relations in the Old Russian(ancient Ukrainian) state, restricted pagan customs, and improved the criminal and civil-procedural form of the judicial process. “Pravda” in Russia was understood as law, justice.In the article, the author shows the importance of legal traditions, institutions, principles, laid down by the Russian Truth. So, with the expansion of the scope of private law, the role of the legal entity in the field of civil relations is growing. The ancient Russian and modern legislators equally consider protecting human life the most important task, it seems to take into account the objective side of the crime, follow the principles of the rule of law and the rule of law. True, Yaroslav excluded the death penalty from the list of punishments by the princely court, determined the aggravating circumstances of the crime, enshrined the principle of inviolability of the person, provided for the protection of personal and property human rights.An appeal to the Russian Truth reveals national traditions in legal understanding, the foundations of humanism in law-making and law enforcement, and continuity in the legal system of Ukraine.

Принципи адміністративно-правового забезпечення функціонування та розвитку ювенальної юстиції

Author(s): M. Yu. Veselov / Language(s): Ukrainian Issue: 147/2019

The juvenile system is a form of ensuring the rights of children. The practical implementation of many of the foundations of the functioning and development of the juvenile justice system is related to public administration, the internal systemic administrative activities of the judiciary, the prosecutor’s office,preliminary investigation bodies, the human rights ombudsman, and the introduction and development of non-criminal measures against minor delinquents. At the same time, the principles of public administration and other manifestations of administrative and legal activity in the field of juvenile justice, which provide a significant part of its functioning, remain beyond the due attention of scientists.This article focuses on the principles of the institution of juvenile justice at the level of a separate branch of law (administrative). In the context of the system of principles of juvenile justice (general and special), a definition is presented, as well as the place of the principles of administrative and legal support and their relationship with other groups of principles. General principles lay ideas common to all legal relations, which are then reflected in special principles. The principles of administrative and legal support for the functioning and development of juvenile justice are referred to the group of special (concrete-functional and (or) specific)foundations. These principles inherit the basic features inherent in the principles of administrative law and are determined by the axiology of this branch of law.Summarizing the results of a number of administrative and legal studies, a list of principles of administrative and legal support for the functioning and development of the juvenile justice system is given, which are divided into three groups: 1) organizational and security principles, 2) functional principles; 3) administrative jurisdictional principles.

Принципът за равнопоставеност при установяване на произхода от баща

Author(s): Maria P. Petrova / Language(s): Bulgarian Issue: XVI/2017

The principle of personal dignity and rights equality takes a central place among the fundamental rights guaranteed by the Constitution of the Republic of Bulgaria. This principle must also be applicable in one of the most delicate hypotheses - when establishing the origin of a father.

Принципът на институционалното равновесие и ролята на Съда на ЕС в процедурите по чл. 218 от ДФЕС

Author(s): Iliyan Baychev / Language(s): Bulgarian Issue: 2/2015

The analysis deals with two decisions of the CJEU adjudicated in 2014 and 2015. The issues presented in them pertain to the principle of institutional balance in the procedures for concluding international agreements between the EU and third countries or international organisations under art. 218 of the TFEU.