Yearbook of the Law Department

List of Abbreviations

Editorial Board — Mon, 30 Dec 2024 00:00:00 +0000

Procedure for the Imposition of Administrative Penalties

Raina Nikolova — Mon, 30 Dec 2024 00:00:00 +0000

The study provides a doctrinal definition of the proceedings for imposing administrative penalties. It contains a description of the procedure for imposing administrative penalties by administrative penalty jurisdictions under the general procedural legislation; under special laws and codes. The scientific study deals with the question of who are the participants, subjects, and parties in the proceedings for imposing administrative penalties by administrative penalty jurisdictions. It examines how the proceedings themselves develop with the relevant procedural actions before, during, and after the imposition of the penalty. It presents the basic essence of the legal act imposing the administrative penalty (penalty order) according to administrative law doctrine. It summarizes the distinctions existing in theory between the penalty order, the individual administrative act, and the sentence. The presentation presents hypotheses in which the administrative penalty authority does not rule as an administrative penalty jurisdiction. It traces various special proceedings for the imposition of administrative penalties by a court. All theoretical issues discussed are reflected through the prism of jurisprudence.

Geographical Indications for Craft and Industrial Products: New Legal and Cultural Framework in the Context of the Amendments to the Trademarks and Geographical Indications Act

Veselina Maneva — Mon, 30 Dec 2024 00:00:00 +0000

The article raises a number of questions regarding the nature and procedures for registering geographical indications: appellations of origin, geographical indications, traditional names and, in particular, foods of traditional specific character. A comparison is made between geographical indications and the other objects that form the group of distinctive signs: company names, domain names and marks, with emphasis on collective and certification marks, as well as on the so-called „geographical marks”. The recent amendments to the Trademarks and Geographical Indications Act, dictated by the action of Regulation (EU) 2023/2411 of the European Parliament and of the Council of 18 October 2023 on the protection of geographical indications for craft and industrial products, in force from 1 December 2025 for the Member States, have been analyzed. The aim is to create a new legal order that would establish uniform protection for geographical indications for craft and industrial products throughout the European Union. The powers of the national patent office and the European union Intellectual Property Office in registration procedures are indicated. The importance of geographical indications for the development and preservation of national cultural heritage and traditions is emphasized.

Reflex Legal Consequences of Disciplinary Dismissal

Ivaylo Staykov — Mon, 30 Dec 2024 00:00:00 +0000

Disciplinary dismissal has the main (direct) legal consequence of the sudden and immediate termination of the employment relationship. The current Bulgarian legislation also regulates the so-called reflexive (side) and secondary consequences of disciplinary dismissal. The common and unifying factor between these reflexive consequences, which are different in content, is their unfavorable nature for the disciplinary dismissed person. In some cases, the secondary negative legal consequences caused by disciplinary dismissal are superimposed on the termination of the employment relationship itself, i. e. they have legal effect between the parties to the already terminated employment relationship. In other cases, the secondary negative consequences arise and affect other types of legal relationships. The reflexive (side) consequences of the disciplinary dismissal can be systematized into three groups: limitation of the individual’s labour legal capacity; occurrence of unfavorable property consequences and occurrence of other unfavorable consequences. The commonality between the normative hypotheses of these three groups of reflex consequences of disciplinary dismissal is their sanctioning nature. The legal norms that regulate them are typical sanctioning legal norms. The regulated legal sanction is superimposed and complements the legal sanction that is contained in the disciplinary dismissal itself as a type of disciplinary punishment.

Bulgarian Citizens’ Long Road to Constitutional Justice for the Protection of Fundamental Rights

Deyana Marcheva — Mon, 30 Dec 2024 00:00:00 +0000

The article explores the question why the Constitutional Court of the Republic of Bulgaria has primarily evolved as a guardian of constitutional design, failing to gain significant traction as a human rights protector. An examination of the transcripts of the Seventh Grand National Assembly provides valuable insights into how theorists and politicians perceived the role of the Constitutional Court, and how the protection of fundamental rights was deprioritized. This historical perspective highlights the challenges of embedding a robust human rights framework within Bulgaria’s constitutional review process and provides some directions on how to fully realize its potential in protecting fundamental rights.

Abuse of Law in the Case-law of the Court of Justice of the European Union

Katerina Yocheva — Mon, 30 Dec 2024 00:00:00 +0000

In the paper under consideration is the prohibition of abuse of law in the case-law of the Court of Justice of the European union (CJEU). Under particular consideration is the legal terminology, used in this area, which differs from the similar terminology, used on the national level. Further on the paper tackles with the types of abuse of EU law as well as the test applied by the Court to verify whether such an abuse exists and the legal consequences of such an abuse.

Payment of Other People’s Debts or a Provision of Other Benefits at the Expense of the Impoverished Person in the Hypothesis of Article 59, paragraph 1 of the Bulgarian Obligations and Contracts Act

Ivaylo Malinov — Mon, 30 Dec 2024 00:00:00 +0000

This study examines the hypotheses of payment of another’s obligation, which arise as one of the main manifestations of the general claim for unjust enrichment within the meaning of Article 59 of the Bulgarian Obligations and Contracts Act. The work aims to distinguish the application of actio de in rem verso in the indicated sense from similar legal figures: subrogation under Article 73, paragraph 1 of the Bulgarian Obligations and Contracts Act, in conjunction with Article 74, paragraph 1 of the Bulgarian Obligations and Contracts Act., as well as the payment of another’s obligation due to an error in the hypothesis of Article 56, paragraph 1 of the Bulgarian Obligations and Contracts Act. In order to be systematic and comprehensive, this study will also pay attention to the provision of another benefit at the expense of the impoverished person as a hypothesis that is traditionally included in the aforementioned systematics. In addition, the study also involves examining the issues concerning the possibility of the existence of both direct and indirect unjust enrichment at someone else’s expense within the meaning of Article 59, paragraph 1 of the Bulgarian Obligations and Contracts Act. Complementing the analysis of the above-mentioned manifestations of the general claim for unjust enrichment, a critical analysis of the available case law will be made, as well as a review of the currently published works on this subject-matter in domestic and foreign literature.

Implementation of Labour Rights and Obligations Electronically

Maria Chochova — Mon, 30 Dec 2024 00:00:00 +0000

The dynamics in the processes that the development of the modern world imposes require compliance with the conditions under which the economy functions, with the challenges facing production processes and with modern ways of communication. All these elements of the environment in which the labour force is implemented inevitably require changes in the ways in which labour rights and obligations can be implemented.

The Bulgarian Scientific Research Base in Antarctica and the Application of the Bulgarian Penal Code Beyond the Borders of the Republic of Bulgaria

Martin Petrouff — Mon, 30 Dec 2024 00:00:00 +0000

This article aims to explore the applicability of the Bulgarian Criminal Code in relation to Bulgaria’s presence on the continent of Antarctica and the conduct of scientific research not only on the basis of the Republic of Bulgaria, but also on the newly commissioned in 2022 ship St. St. Cyril and Methodius. The need to address this issue arises from the lack of a clear legal mechanism for the practical application of the theory, which would lead to legal problems in the event of an accident or crime.

From a Legal Vacuum to Self-Determination: A Comparative Analysis of Legal Gender Recognition in Bulgaria and Germany

Filip Samuilov — Mon, 30 Dec 2024 00:00:00 +0000

This study presents a comparative legal analysis of the framework for legal gender recognition (LGR) in Bulgaria and Germany, outlining their diametrically opposed approaches. It examines the regressive trend in Bulgaria, which, after a long-standing legislative vacuum, culminated in a de facto ban on legal gender recognition with Interpretative Decision No. 2/2023 of the Supreme Court of Cassation. In contrast, the study highlights the progressive evolution in Germany – from the restrictive Transsexuals’ Act of 1980 to the modern Self-Determination Act (SBGG) of 2024, which introduces a swift administrative procedure based on self-declaration. By analyzing the key role of judicial practice in both countries, the study uses the German experience as a basis for formulating specific legislative recommendations for reform in Bulgaria.

The Establishment of an Independent Budget for the Judiciary in the United States

Ivan Bregov — Mon, 30 Dec 2024 00:00:00 +0000

The article examines the budgetary autonomy of the judiciary as an essential component of judicial independence in the United States and traces its constitutional development from the colonial era to the present. It reviews the debates of the Constitutional Convention, the state ratifying conventions, and the arguments advanced in The Federalist Papers, which shaped the understanding of financial safeguards as a means of protecting the judiciary from political pressure. The analysis also considers later theoretical contributions that emphasize the relationship between independence, accountability, and adequate resourcing. The article concludes by drawing a parallel with the Bulgarian constitutional framework, highlighting the need for a balanced model that combines institutional autonomy with effective mechanisms of accountability.