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In the article is about some issues related with the content of penal relationships that arise from the need to ensure and provide for those sentenced to imprisonment in Ukraine the right to health, as well as a science-based solutions.
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In November 2010, the European Commission adopted the European Disability Strategy for the period from 2010 to 2020, which should contribute to improving the quality of life of this group of people in the EU. The main objective of the Strategy is to create a Europe without barriers for all its citizens. It provides measures to improve the participation of disabled people exercising the right to equality, labour, employment, health and social care and education. Bearing in mind that creating an accessible environment is a prerequisite for successful implementation of all other rights of persons with disabilities, the authors have paid special attention to this matter. Therefore, solving the problem of physical accessibility in the framework of the Strategy is the main subject of this paper. The authors also analyze the possibility of implementing some solutions from the Strategy to address the problem of accessibility of facilities for persons with disabilities. Although the Republic of Serbia, with the current status of a candidate country, is not required to apply the Strategy directly in its internal legislation, the implementation of some ideas would significantly increase the availability of facilities and public areas and would thus, improve the position of disabled persons in our society.
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This paper attempts to clarify the problem of organization and division of power in Serbia as a fundamental principle of modern government and the rule of law without which no realization of basic human rights, protection of individuals and the affirmation of the value of true democracy can exist. Special emphasis is placed on analyzing the principle of independence of the judiciary and asking if the executive branch has the de facto superiority over the other two branches. The conclusion is that the executive not only has impact on two other authorities (legislative, and judicial), but it has completely subordinated them to the interests of the ruling party, which inevitably leads to the destruction of democracy and the breakdown of rule of law.
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The article deals with the security issues and the related army reform in the Democratic Republic of the Congo (DRC). We focus on the continuing armed conflicts in the east of the DRC, destabilizing the situation in the region. We analyze the facts of human rights violation and the factors impeding the creation of the national army in the country. We also cover the problem of the DRC military cooperation with a number of other countries. The analysis enables us to broaden the understanding of the origin of armed conflicts in subtropical Africa and to define the specific features of the DRC military forces. We make a conclusion that the army reform in the DRC is a complicated process, which will demand great efforts and determined decisions of the DRC authorities. However, due to the lack of financing and professional personnel, these problems remain so far unsolvable.
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The paper addresses some crucial issues related to insult and slander. The definition and protection of the dignity, honour and reputation as constitutionally protected values are discussed. The legal regime of insult, defamation and slander in some European countries are also marked, as well as some major disturbing tendencies related to freedom of expression related to them. The legal framework of insult and slander in Bulgarian criminal law are examined in detail. The paper examines the specifics related to the increase of slander and insult in the internet and the related problems. It also shreds light on those problems concerning minors and the need of better protection at schools through soft law and self-regulation.
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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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This article present some of problem moments in freezing procedure in Law on Forfeiture in favour of the State of Illegally Acquired Property. A brief analysis of the system and given proposal de lege ferenda.
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The article discusses some topical problems of Bulgarian legislation related to legal status of individuals with intellectual disabilities or psychosocial disorders. Legal incapacitation with all ensuing consequences is subject to detailed analysis. Different points of view, related to advisability and legality of incapacitation according to internal law, case law, practice of European constitutional courts and international treaties whereto the Republic of Bulgaria is a party, have been compared. In conclusion a legal reform is necessary in order to ensure proportionality between the applied measure and the protected value.
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In the article the author presents that there are advantages and disadvantages in the use of nuclear energy. Protection system is built with the help of legal, engineering and organizational measures. The author make analysis of the legal regime of obligation, precautions and monitoring designed to protect human health and environment from the harmful effects of nuclear energy. The security of nuclear technology must be managed by protecting the human health and the environment from ionizing radiation and keeping in good condition of technical systems. The concept of restriction in the legal sense of the ban is not an absolute guarantee of radiological protection and nuclear safety. It was replaced by the concept of acceptable risk. This mode can be seen as a tool for responsibility of all participants in the sector, not just as a series of safeguards to protect the public from potencial intruders. Radiation protection in Bulgaria is in accordance with European legislation and international legal approach of nuclear safety.
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This article examines two standards of the European Court of Human Rights applicable to the cases of domestic violence, namely the state duty to conduct an effective investigation and the obligation to prevent human life. Potential discord of Bulgarian practice with the European standards has been identified when the institution of criminal proceedings for domestic violence depends on the will of the victim. Recommendations to the prosecutors‘practice and a proposal forimprovement of Bulgarianlaw are formulated accordingly.
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The article addresses various problems in the practical implementation of the Treaty on Mutual Legal Assistance in Criminal Matters between the Republic of Bulgaria and the People’s Republic of China. These include way of execution, proofs, centralized communication, special autonomous regions of China, political crimes, etc. from a Bulgarian perspective.
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The article analyses the differences between the crime under art. 225, par. 1, second proposition, with the crime under art. 313, par. 2 of the Criminal Code (CC). Both crimes are compared by their direct object of crime and their objective characteristics. The article also contains analysis of the limited case law on the matter. On this basis the author justifies the thesis that the actual tax crime under art. 225, par. 1, first and second proposition of the CC encompasses the specific document crime under art. 313, par. 2 of the CC. According to him, this indicates the necessity of abolition of the crime under art. 313, par. 2 of the CC and unification of the legal regime of tax evasion which should be placed in the Crimes against the financial, tax and insurance systems section of the Criminal Code.
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The article considers the essence of the realization of the right to freedom of speech on the Internet. The guarantees of the right to free expression of views in the online mode in a democratic state have been investigated. Taking into account both positive and negative consequences (we are talking about cyber and hacker attacks), as well as the speed and possibilities of the network, the issues of state regulation of Internet content are becoming relevant. As we see, in the present conditions, the need to provide and observe guarantees of human rights in the Internet, namely freedom of speech and freedom of expression, becomes urgent. Now, emphasizing the need to introduce human rights standards on the Internet at the national level, the Council of Europe is developing numerous recommendations and comments, taking into account the peculiarities of the legislation and the state of many countries. The difficulty for Ukraine lies in the fact that, first of all, the requirements of national legislation should be adapted to international provisions. The prescriptions and provisions of the current legislation of Ukraine, mechanisms for revealing the balance between state interests and citizens' rights on the example of foreign countries are analyzed. Attention is focused on the existing problems of ensuring the right to freedom of expression on the Internet, ways of possible legal regulation of the information on-line space, taking into account the compulsory observance of human rights, are suggested. The role of the public in controlling Internet activities deserves special attention. It is noteworthy that the Internet Association of Ukraine operates in our country, one of whose functions is cooperation with the Verkhovna Rada of Ukraine committees on the development, adjustment and analysis of the regulatory and legal framework governing Internet activities. In our opinion, it would be advisable to expand its powers, considering its decision along with other human rights media organizations to control the circulation of online information, because only in the case of consolidated activities of all those interested in the development of Internet regulation of subjects, they will be able to professionally approach the evaluation of various materials. Taking into account what has been said, it can be stated that the issue of freedom of speech in Internet sources has certain features, legal specifics and requires concretization. The balance between the information society and the state requires respect for the principle of proportionality, promotes the realization of human rights, provides for exclusively those restrictions that are necessary in a democratic society. In addition, legislative regulation and the delineation of the concepts "authorized statements" and "statements are illegal", that is, violating rights, is an urgent necessity in a state governed by the rule of law. When considering the category of "content that may cause concern in terms of tolerance and respect for others," it is important for the legislator not only to adopt norms that impose prohibitions, but also to try to find the root causes of misunderstandings in society, to set the vector for avoiding discriminatory influences, minimizing the likelihood of violations of law on freedom of expression.
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Corrupt acts have to be detected and prosecuted and offenders have to be punished and deprived of their illicit proceeds. At the same time, opportunities for corrupt practices have to be reduced and potential conflicts of interest have to be prevented through transparent and accountable administrative structures at legislative, executive and judicial level as well as in the private sector.
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Article 41 of the Constitution of Ukraine stipulates that no one can be unlawfully deprived of his / her property rights. According to Art. 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, no one may be deprived of his property except in the interests of society and under the conditions provided for by law and by the general principles of international law. These and other regulations justify the need for detailed regulation of the procedure for the use of property seizure as a measure of criminal proceedings. In this context, an important aspect of criminal proceedings is the search for a proper balance between private and public interests, the creation of preconditions for persons who own property to exercise their powers over their property and, at the same time, to achieve the objectives of criminal proceedings.
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The legal framework of plagiarism as a crime, finds its systematic place in Roman law. In the objective Bulgarian law, it is regulated by the first Penal Code in 1896. The current legal framework creates ambiguity regarding the application of the administrative provisions of the Academic Staff Development Act and the Penal Code. The article analyzes the provisions of the two normative acts, as well as the canceled Law on Scientific Degrees and Scientific Titles. The relevant procedures, the competence of the bodies and the consequences of the issued acts are considered. The conclusions justifiably raise the question: is this alternative acceptable?
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The fight against corruption is one of the cornerstones of the rule of law but the protection of human rights is among its key elements as well. The link between corruption and human rights can be seen twofold: on the one hand, corruption infringes all recognized human rights, but on the other – integrity checks, as a mechanism for prevention of corruption, can also lead to serious violations of human rights. The latter is tackled by the Venice Commission and the European Court of Human Rights (ECtHR). The European standard for human rights protection does not forbid the use of integrity checks as a tool for curbing corruption and recognises their importance for the contemporary approaches to combat serious crimes. Despite of this, in the context of the implementation of integrity checks the case law of the ECtHR highlights a big number of violations of human rights related mainly to art. 6 (right to fair trail) and art. 8 (right to private and family life) from the ECHR. In the article the author puts an accent on the standards for integrity checks from the point of view of the practice of the ECtHR. In the context of the violations of art. 6 the focus is put on the use of undercover operations and agents, the incitement of bribe, the collection and use of evidences. In view of art. 8, the main issues are related to secret surveillance, tapping of telephones and surveillance of correspondence of physical and legal persons, and GPS surveillance. Special attention is paid to the specific test the ECtHR uses in order to determine infringements of art. 8: whether the interference was in accordance with the law, whether it had a legitimate aim and was the interference necessary in a democratic society.
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The long-term contract is a notion of law, that is not regulated by legal norms and was not anobject of the legal theory. Some kinds of long-term contracts in civil and commercial law as contractsof rents, loans, society, deposits are explicitly regulated by legal dispositions. The labor contractis a long-term contract too. Despite of the increased role and field of application of the long-termcontracts in our country like other countries any general legal positions don’t exist, which reflectthe specific features of the long-term contracts. That’s why the article propose the introduction delege ferenda of general causes for termination of the discussed here kind of contract.
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The Swiss Federal Assembly adopted the Swiss Civil Code on 19 December 1907 by roll-call vote and by unanimity of the members present. The code came into force on January 1, 1912. It was welcomed throughout the country as the "written will" of the Swiss. According to Prof. Walter Yung, the code strengthens the "Swiss feeling of being one people" and becomes one of the "spiritual treasures" of the country. Considered an example of clarity, simplicity and moderation, the Swiss Civil Code was soon reflected abroad and inspired the civil codification of many countries. Based on German legal sources, it "retains its characteristic appearance and combines a deep knowledge with purity of form, which provide the basis for an extraordinary flexibility, able to change according to all future changes, without losing its basic structure." The article consistently examines the origins and main sources on which the Swiss Civil Code is based, as well as its impact.
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