Law Journal of New Bulgarian University

Editorial Board — 2025-03-17

Conclusion of an Agreement under the General and Special Administrative Penal Procedural Order

Rayna Nikolova — 2024-07-01

The study examines the agreement concluded under the Administrative Violations and Sanctions Act and some special administrative laws as a procedural institution of administrative penal procedural law. It provides a doctrinal definition of this legal concept. It examines the legal nature of the agreement concluded under the general administrative penal procedural order. It discusses the conclusion of an agreement to terminate the administrative penal proceedings on a special basis. It conducts a comparative analysis of the procedures for concluding agreements under different procedural laws and the legal nature of the agreement as a legal act.

The Health Condition of Motor Vehicle Drivers – A Key Factor for Road Safety

Dobromir Dokov — 2024-07-01

The article familiarizes us with the requirements for the health status of motor vehicle drivers (MVS), which is key to the safety of road traffic. The focus of the analysis is placed on some specific health conditions requiring additional medical examination by specialized committees of the Transport Regional Medical Expert Commission (TOLEK) or the Transport Central Medical Expert Commission (TCLEK). At the moment, the main accompanying problem can be pointed out as untimely information about the health status of some drivers falling into the considered category. The lack of up-to-date and complete information, as well as a mechanism regarding their subsequent certification, could lead to difficult administrative service for issuing a motor vehicle driving license (SUMPS), as well as endanger the safety of road traffic participants. With some examples, the author has tried to illustrate the seriousness of the problem. To solve the information deficit, some proposals are made in the final part of the development.

About the agenda in the invitation for the general meeting of the shareholders in LLC

Nikolay Kolev — 2024-07-01

The article reviews various contemporary questions related to the formulation, content and legal effect of the agenda in the invitation for general shareholders meeting of the LLC. The author underlines the function of the agenda as a condition for informed exercise of the voting right. The relevant case law of the Supreme Cassation Court and the various positions in the legal theory are analyzed in detail.

Types of recurrence of the administrative offences

Izabela Chakarova-Dimitrova — 2024-07-01

The present article dwells on the different types of recurrence of the administrative offences. The author attempts to define the different types of recurrence of the administrative offences and to analyze their most important characteristics. The author examines the prerequisites of the recurrence of the administrative offences under the special legislation.

Regulatory Basis for Counteracting Corruption and Confiscation of Illegally Acquired Property

Elena Nedyalkova — 2024-07-01

The article examines the emergence and development of the Bulgarian legislation governing the fight against corruption and the legal institute for confiscation of illegally acquired property in favor of the state. The subject of analysis are the strategic goals of the current legislation, the establishment of illegally acquired property, the concepts and measures for countering corruption.

The Organized Crime – from a Threat to the Risk

Rada Smedovska-Toneva — 2024-07-01

Organized crime has become an extremely powerful concept that underlies many different policies for combatting it. A lot of countries, sensitive to the problem, are investing considerable resources – legislative, institutional, financial and human – in order to counter this phenomenon. However, then the question arises as to what they direct their efforts against, what they take into account, how they perceive organized crime. Legislative actions most often go through the creation of specialized institutional instruments (investigative structures or specialized courts), through which it is assumed that the fight against this type of crime would be more successful and effective. Before proceeding to specific institutional and structural-determining actions, however, it is important for each of the countries to determine how they perceive this social problem. Not so much from a conceptual point of view, but from a strategic point of view – whether as a threat, whether as a risk or as something else. Depending on this, policies to control and limit the level of organized crime would have a different focus. This text aims to illustrate precisely that perceiving this type of non-conventional crime as a risk reverses the institutional thinking and from reactive, it should become more preventive.

Counteracting the use of Degrading or Threatening Words and Expressions in Civil Proceedings

Aleksandar Angelov — 2024-07-01

Resorting to degrading or threatening words and expressions when exercising procedural rights in the context of civil proceedings presents a complex judicial issue because it affects the legal sphere of the person at aim but it also has negative impact on the general legal order. Some remedies to the problem are available at the present moment and some existed in retrospect.

Domestic Violence in Bulgaria - Statistics and Facts. Legislation and Protection

Blagorodna Makeva — 2024-07-01

The article includes an analysis and assessment of the legal framework, as well as an overview of the amendments and supplements in the Protection from Domestic Violence Act, legislative gaps and weaknesses and the need for amendments, policies and service provision, and good normative and organizational practices. The analysis and recommendations have been developed after an in-depth analysis of the situation in the Republic of Bulgaria and contain statistical data related to the phenomenon of domestic violence. The analysis is based on data which include the number of calls to the single European number 112, the protection orders received for control in the regional police stations and the pre-trial proceedings initiated for crimes committed in the conditions of domestic violence.

The Element "Use of Narcotic or Analogue Drugs" under Art. 343b (3) Criminal Code of the Republic of Bulgaria

Sylvia Petkova — 2024-07-01

The study focuses on the theoretical and practical problems that arise from the formulation "after use of narcotic or analogue drugs" as a main objective characteristic of the crime under Article 343b(3) of the Criminal Code of the Republic of Bulgaria. It is argued that the driving of a motor vehicle in the formal presence of this characteristic does not always constitute an act of a high degree of public danger. That argument is because public danger is created by the driving of a motor vehicle by a driver who is unable to carry out that activity properly and safely because of the use of narcotic or analogue drugs. In that connection, the content of the concepts of "after the use" of narcotic or analogue drugs and "under the influence" of such substances is examined, a distinction being drawn between them on the basis of the science of "toxicology" as a source of the special knowledge required. A number of hypotheses are reviewed. It is argued that under those hypotheses the application of Article 9(2) of the Criminal Code of the Republic of Bulgaria on the insignificance or the obvious insignificance of driving a motor vehicle after the use of narcotic drugs or their analogues may be considered.

Problems of the Mandatory Local Jurisdiction under the Civil Procedure Code

Denitsa Koleva — 2024-07-01

The article reviews the different types of claims, under which local jurisdiction is established in the Civil Procedure Code as mandatory, and analyzes the interrelation between them. Special attention is given to the recent amendments to the Civil Procedure Code, which expand the list of claims with mandatory local jurisdiction. The relevant case law of the Supreme Cassation Court, as well as the different opinions in the legal theory, are also covered.

Use of Information Obtained by Companies Providing Public Electronic Communication Services for the Detection and Investigation of Crimes

Tihomir Troyanov — 2024-07-01

The article examines the possibilities of using the traffic data provided under the Electronic Communications Act to law enforcement authorities for the purposes of criminal prosecution. Exemplary approaches to perform the analysis of this data in different investigative situations are indicated, as well as the possibilities of incorporating this information into the evidentiary material in the relevant criminal proceedings.

Editorial

Editorial Board — 2024-07-01