Law Journal of New Bulgarian University

Initiation of Administrative Penalty Proceedings

Raina Nikolova — 2025-12-30

The study examines the individual components of the procedure for initiating administrative penalty proceedings. These elements are the proceedings for establishing administrative violations; participants, subjects, and parties to the proceedings; the course of the proceedings; the content and characteristics of the act establishing an administrative violation; the prohibition on initiating administrative penalty proceedings; and special rules for initiating administrative penalty proceedings. The publication provides a theoretical definition of the proceedings as the first, administrative, and necessary phase of the administrative penalty process, representing a set of legal actions regulated by the provisions of the Administrative Violations and Penalties Act, aimed at initiating administrative penalty proceedings by drawing up an administrative violation report, which triggers the administrative penalty imposed by the state on the offender for the unlawful act committed.

On the Discovery of Missed Benefit Damages, Resulting from Securing the Claim by Imposition of the Protective Measure Freezing of a Pecuniary Sum in a Bank Account

Todor Kolarov — 2025-12-30

The article presents an opinion on the selected under art. 288 of the Civil Procedure Code cassation case which asks whether the claimant should prove the damages claimed pursuant to art. 403 of the Civil Procedure Code, which constitute missed benefit damages, resulting from securing the claim by imposition of the protective measure freezing of a pecuniary sum in a bank account, and whether the presumption for the missed benefits should be based on an established beyond doubt increase of the property of the individual who incurred the above-mentioned damages.

On Certain Points of Discussion Regarding Relative Nullity Under Article 216 of the Tax and Social Insurance Procedure Code

Ginka Simeonova — 2025-12-30

The present article examines certain hypotheses of relative nullity under Article 216 of the Tax and Social Insurance Procedure Code (TSIPC) as a means of protecting the public creditor against detrimental actions of the debtor. The provision of Article 216 TSIPC aims to ensure a balance between the interests of the state as a public creditor and the subjective rights of citizens and organizations, while at the same time guaranteeing the effective collection of public receivables. The article focuses on specific legal aspects of the institute’s nature, its prerequisites, and the legal consequences of upholding the claim, as well as its relationship with Article 135 of the Law on Obligations and Contracts (the actio Pauliana), outlining certain discussion points arising from the analyzed issue.

On the Content of the Anticompetitive Effect of Exclusionary Abuses of Market Dominance According to the Guidelines on the Application of Article 102 TFEU

Emilia Dimitrova — 2025-12-30

The article analyses the legal framework in the Guidelines on the application of Article 102 TFEU. The aim is to clarify the content of the anticompetitive effect of exclusionary abuses of market dominance according to the more economic approach.

AI Regulatory Sandboxes in the District of Artificial Intelligence

Katia Vladimirova — 2025-12-30

In 2024, two regulations were adopted that for the first time introduced the concept of a regulatory laboratory and defined its main characteristics in order to promote innovation. These are the so-called Net Zero Industry Act (NZIA)/ and AI Act. The second of them, the AI Act, introduces for the first time at the European level, the mandatory construction by the member states of regulatory laboratories in the field of artificial intelligence. This is an innovation that is not present in any other Regulations, incl. and in the GDPR.

Legal Dimensions of Conflict of Interest Under the Anti-Corruption Act

Elena Nedyalkova — 2025-12-30

The article examines the legal framework defining the conditions, procedures, and measures for identifying and preventing conflicts of interest concerning individuals holding public office. It outlines the powers of the competent authorities and officials responsible for implementing anti-corruption measures.

Models in Legal Research: A Practical Example Exploring Models of Constitutional Justice

Raina Georgieva — 2025-12-30

This article is aimed at PhD students and other researchers who wish to use modelling in their legal research. A brief overview of the work of Max Weber and his ideal type is provided. The concept of model in the humanities and comparative legal research is explained. The article offers an example with the study of European and American models of constitutional justice today, as well as an interdisciplinary study of foreign authors on the practice of the U.S. Supreme Court.

Professional Boundaries in Working with Protected Persons

Stoyan Uzunov — 2025-12-30

Respecting professional boundaries is essential for the adequate application of protection measures to the protected person, as well as for minimizing any possibility of creating danger or exerting coercion on competent officers. In this way, a high level of confidence in the effectiveness of the Protection Program is maintained, ensuring that individuals are approached from a strictly professional and ethical perspective.

The Sentence – A Balance Between Law and Morality

Elmina Yurkina — 2025-12-30

The article raises the issue of the boundary between law and morality, between legal norms and public trust.

On the Authorship of Works of Literature, Art and Science Generated by Artificial Intelligence

Alexander Dimitrov — 2025-12-30

This paper discusses issues related to authorship of works of literature, art and science generated by artificial intelligence systems. The author discusses the legal framework of artificial intelligence systems as well as their legal nature. A comparison is made between the process of generating works by an artificial intelligence system and the creative process for natural persons. The various theories regarding in whose favour authorship of a work of literature, art and science generated by an artificial intelligence system arises are examined. Suggestions de lege ferenda are given in order to protect the copyrights of natural persons.