Administrative Courts as Judicial Authorities

The present article is a research on the administrative jurisdictions according to Bulgarian legislation. It analyses the Constitution of the Republic of Bulgaria, the practice of the Constitutional Court and the current legislation. The juridical features are pointed out and the need for such juridical bodies is discussed.

Termination of Criminal Proceedings in Public Criminal Cases by Courts of First Instance Under Art. 24, Para. 1, Item 5 of the Bulgarian Code of Criminal Procedure and Its Compliance with European Union Law

The subject of this research is a specific prerequisite for the termination of criminal proceedings in public criminal cases, regulated in Article 24, Paragraph 1, Item 5 of the Bulgarian Code of Criminal Procedure. This analysis was necessitated by the fact that the European Union had introduced certain obligations for the Member States.

Manifestations of Force Majeure in a State of Emergency Declared in Bulgaria

The article addresses the current issue of the manifestations of force majeure in the state of emergency in Bulgaria, declared in 2020. The emphasis is on the Law on Measures and Actions during the state of emergency and on overcoming the consequences and orders of the Minister of Health as manifestations of force majeure by analysing its essential features according to Article 306 of the Bulgarian Law on Commerce. A distinction has been made between these forms of force majeure and economic intolerance.

Liability of the Indirect Perpetrator in the Absence of Identity Between What Was Done by ‘The Tool’ and What It Was Intented to Do

This article analyses the liability of the indirect perpetrator when ‘the tool’ strays away from what it was intended for. All possible deviations are analysed, as well as the range of liability of the indirect perpetrator. For this purpose, a comparison is made with an analogical hypothesis in the complicity.

Methods of National Government. Methods and Means of the Executive Branch. Methodological Guidance

This article discusses the methods of national government as an element of a whole system of mechanisms, legal institutes, specific legal rules and individual orders. Particular attention is paid to the ways and means of regulating the executive branch as a method of government. In addition, an analysis is provided of the methodological guidance and its connection with the three manifestations of public administration.

Involving a Defendant by Drawing Up the Record of the First Action of Investigation Against Him/Her

The power to involve a defendant by drawing up the record of the first action of investigation against him/her, provided by Article 219, Paragraph 2 of the Bulgarian Code of Criminal Procedure, is vaguely regulated by law and contradicts basic principles and institutes of the criminal procedure. It creates theoretical and practical problems that call into question its usefulness for procedural economy during the investigation. Therefore, it should be revoked de lege ferenda.

Acts Under the Bulgarian Law on Administrative Offences and Sanctions Falling Within the Scope of Direct Administrative Justice After the 2020 Amendments to the Law

The paper analyses the acts under the Bulgarian Law on Administrative Offences and Sanctions (LAOS) which fall within the scope of direct administrative justice after the amendments to the law passed in late 2020. It defines the scope of application of the ordinary and special legislative procedures of control based on the acts that may be subject to revision. In the end, the paper lists the acts under LAOS which cannot be disputed separately.

Protecting Women’s Rights and Ensuring Gender Equality

In recent decades, the international community and the European Union have paid increasing attention to ensuring a sufficiently good level of protection of women’s rights. To achieve this level, international and European bodies and institutions should draw up and adopt various acts and instruments aimed at ensuring the fundamental principle of gender equality. For example, in European Union law, the principle of equality between men and women is reflected in Articles 2 and 3 (3) of the Treaty on European Union (TEU). These provisions explicitly state that the EU is based on certain values, including equality, and specifically promote equality between men and women. The Treaty on the Functioning of the European Union (TFEU) also provides for a separate provision which entrusts the Community with the task, in all its activities, of striving to eliminate inequalities and to promote equality between men and women (Article 8 of the TFEU). Next, Article 21 of the EU Charter of Fundamental Rights prohibits all forms of discrimination, including on the grounds of sex. In addition to the provisions of primary law, the EU seeks to ensure the principle under analysis by adopting strategies and programs of different scope and content. The Member States of the European Union, including the Republic of Bulgaria, also actively promote respect for the principle of gender equality. Explicit guarantees for its provision are contained in the legislation of the Member States, including at the constitutional level. Despite the measures taken on a global, European and national scale, the unequal treatment of women around the world persists. Most often, differences in the treatment of men and women are observed in the social sphere, employment and pay, healthcare, access to education, political, economic and social activities. The existence of these differences leads to the conclusion that it is necessary for the international community, the European Union and its Member States to adopt and implement even more targeted actions, policies and measures to ensure adequate protection of women’s rights.

Is the Provision of Art. 301 of the Bulgarian Code of Administrative Procedure Just Legislative Logorrhea?

Logorrhea (from Ancient Greek λόγος logos ‘word’ and ῥέω rheo ‘to flow’) is a communication disorder that causes excessive wordiness and repetitiveness which can lead to incoherence. The article justifies the assumption that, without legal guarantees, Article 301 of the Bulgarian Code of Administrative Procedure (CAP) could be a meaningless flow of words. When the administrative act is revoked after commencement of the enforcement, the administrative authority should restore the violated right within one month, or satisfy the injured party in another legal manner when this is possible. Insofar as there are no legal mechanisms to oblige the authority to perform its public duty, the person concerned is entitled only to compensation, which is not always an effective remedy. Based on the litigation, conclusions and recommendations are made for improving the restoration and compensation measures of Art. 301 of the CAP.

On The Matter of Begging in Bulgarian Criminal Law

The article addresses two major problems: poverty and begging. Poverty is a state or condition in which a person lacks financial resources and essentials for a minimum standard of living. The deprivation of access to fresh water, food or sanitation forces people into carrying out various life-sustaining activities in public spaces. One of these activities is begging on the streets. Unfortunately, begging has been socially stigmatised in numerous European countries, including Bulgaria, as immoral and deviant behaviour. In Bulgaria, begging has been criminalised under Art. 329, Para. 2 of the Criminal Code. Nevertheless, the issue lies in the fact that criminalising begging will not put an end to poverty. On the contrary, it threatens the existence and the exercise of fundamental human rights, which is why legislators should reconsider the criminal policy and eventually decriminalise begging.