Law Journal of New Bulgarian University
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Published By New Bulgarian University

1314-5797

2021 ◽  
Vol 16 (3) ◽  
pp. 10-22
Author(s):  
Todor Kolarov

The article strives to analyse the origin of the institute of procedural substitution (for the lack of a better term) in Bulgaria through historic overview, starting with the law of Ancient Rome, going through ius commune and finishing with the contemporary legal regime. From a procedural standpoint, the conclusion is that the institute came into being at the end of the XIX and beginning of the XX century. While manifestations of procedural substitution can be found in the Roman law, this is not an indication of a formulation of the legal institute itself.


2021 ◽  
Vol 16 (3) ◽  
pp. 24-29
Author(s):  
Ina Lozanova

The current article aims to present a hypothetical review of some legal omissions in selected, reader-favorite crime novels. The material is based on legal principles which are common to states governed by the rule of law, and it would be useful to students of law and other academic courses. The presented cases in works of fiction have been analyzed from the standpoint of the acting Bulgarian penal law and Criminal Procedure Code.


2021 ◽  
Vol 16 (3) ◽  
pp. 57-60
Author(s):  
Raina Nikolova

The public lecture is dedicated to the powers of regional mayors within a municipality. It focuses on the lack of financial decentralisation in the area of local self-government. It also describes the powers of regional mayors in the areas of ensuring public order and, in particular, the powers under the Ministry of Internal Affairs Act and the Condominium Ownership Management Act.


2021 ◽  
Vol 16 (3) ◽  
pp. 49-55
Author(s):  
Raina Nikolova

The public lecture is dedicated to the issue of the prosecutor’s supervision on the activities of the administrative bodies within the principle of separation of powers and the principle of rule of law. It provides the opportunity to make more specific the scope of the prosecutor’s function on ensuring the legal order.


2021 ◽  
Vol 16 (3) ◽  
pp. 31-47
Author(s):  
Lidiya Peneva

Surrogate motherhood is a modern socio-economic phenomenon that needs legal regulation in the Republic of Bulgaria. This article presents the generally accepted view of it and the differentiated types of surrogacy. With the comparative method, the legislative approach to it was analysed in the countries of the European legal family and beyond. Finally, is presented position in the Republic of Bulgaria.


2021 ◽  
Vol 16 (2) ◽  
pp. 12-62
Author(s):  
Raina Nikolova

The article analyzes the Bulgarian administrative legal framework on emergencies (state of emergency, crisis management and overcoming, emergency situation and emergency epidemic situation). It indicates the temporary restrictions of the right of free movement of the citizens provided in the legislation. The article discusses the competence of the central executive authorities, interdepartmental bodies and territorial authorities (regional governors and mayors) to deal with a pandemic. The article discusses also the legal basis and justifications for the introduction of the curfew by some of the regional governors and mayors during the state of emergency, caused by SARS-CoV-2 (COVID-19).


2021 ◽  
Vol 16 (2) ◽  
pp. 63-75
Author(s):  
Denitza Toptchiyska

During the pandemic of COVID-19 in April 2020 the Ministry of Health in Bulgaria began the administration of the Virusafe contact tracking application. With the Law on Emergency Measures and Actions, declared by a decision of the National Assembly of 13th March 2020 amendments to the Electronic Communications Act were adopted. The purpose of the legislative amendments was to provide access of the competent authorities to the localization data from the public electronic communication networks of the individuals, who have refused or do not fulfill the obligatory isolation or treatment under art. 61 of the Health Act. This publication aims to analyze the main features of mobile applications for tracking the contacts of infected persons, as well as the adopted legislative changes, comparing them with the standards of personal data protection provided in the EU General Data Protection Regulation 2016/679 and Directive 2002/58/EC on the right to privacy and electronic communications.


2021 ◽  
Vol 16 (2) ◽  
pp. 111-119
Author(s):  
Malina Novkiriska-Stoyanova

The review is dedicated to a new and analytical legal and historical study of Dr. Piotr Sadowski, professor of Roman law at the University of Opole, Poland for the Beirut Law School, its teachers, students and its significant place as one of the three imperial law schools (along with Rome and Constantinople), approved by the Emperor Justinian, as well as its place for the continuation of Roman tradition in late Antiquity and the Middle Ages.


2021 ◽  
Vol 16 (2) ◽  
pp. 76-88
Author(s):  
Tsvetalina Petkova

The article analyzes some family law and property law questions, arising in connection with the declared state of emergency from 13.3.2020 to 13.5.2020 on the territory of the Republic of Bulgaria due to the epidemic of COVID-19. Answers are given to the following questions: can the court consider a divorce claim or an application for divorce by mutual consent during the state of emergency; whether it is possible to attain judicial protection in cases of domestic violence in the state of emergency and under what conditions; as well as whether the acquisitive prescription is suspended during that period of time.


2021 ◽  
Vol 16 (2) ◽  
pp. 101-109
Author(s):  
Maria Chochova

The article analyses two provisions of the Law on Measures and Actions in the State of Emergency, declared with the decision of the National Assembly of 13th March 2020, providing for suspension and extension of time periods provided in the legislation. The analysis is focused on examples based on the review of the labour legislation. The issue of suspended court proceedings on some labour disputes – until the end of the state of emergency – is also discussed.


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