Studia Iuris

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PROTECTION FROM DOMESTIC VIOLENCE AGAINST CHILDREN IN THE CONTEXT OF CHANGES IN THE LAW ON PROTECTION FROM DOMESTIC VIOLENCE EFFECTIVE FROM 01.01.2024.
(Plovdiv University Press, 2024) Cherneva, Boyka
The article examines the changes in the Law on Protection from Domestic Violence in force from 01.01.2024 (SG No. 69 of August 11, 2023) in the context of the theory and practice of protecting children from domestic violence. Domestic violence is a social problem and significantly affects the rights of children recognized by international law as Human Rights. A systematic interpretation of the legal framework shows that domestic violence against children is seen primarily as part of the topic of violence against women or as a problem of domestic violence in general. The article presents the thesis that the effectiveness of legislation in this area depends on building an independent approach to the protection of children from domestic violence.
THE CONSTITUTIONAL DRAWBACKS OF THE AUTOMATIC DEPRIVATION OF VOTING RIGHTS OF PERSONS PLACED UNDER GUARDIANSHIP
(Plovdiv University Press, 2024) Yankulova, Radoslava
The need to rethink the attitude to the political activity of persons with intellectual disabilities and mental health problems is noted by a number of European constitutional jurisdictions which find the automatic deprivation of voting rights of persons placed under guardianship to be a non-proportionate interference. The aim of the article is to outline the constitutional drawbacks of such automatic disenfranchisement
INTERNATIONAL AND SUPRANATIONAL LEGAL ASPECTS OF A PARTNERSHIP OF PERSONS WITH INTELLECTUAL DISORDERS AND MENTAL DISEASES
(Plovdiv University Press, 2024) Koleva, Zhana
The author of this report emphasizes the legal status of persons with intellectual disorders and mental diseases related to their possibility of being in partnerships. It has been questioned whether this membership is a form of right according to the provisions of international and supranational legislation, provided in the United Nations Convention on the Rights of Persons with Disabilities and in the Directive 2017/1132/EU on certain aspects of company law.
THE AGE OF CRIMINAL RESPONSIBILITY OF THE CHILD IN INTERNATIONAL LAW
(Plovdiv University Press, 2024) Gozanska, Gergana
This article examines the international acts regulating the minimum age of criminal responsibility of the child. The applicable documents, of a recommendatory and mandatory nature, adopted by the United Nations are analyzed. The emphasis is also placed on the texts determining the age of criminal responsibility in the regional acts for the protection of human rights.
MINORS AND JUVENILES IN BULGARIAN CONSTITUTIONAL LAW
(Plovdiv University Press, 2024) Paunov, Hristo
The topic of the legal regime of minors and juveniles in Bulgarian constitutional law is of para-mount importance in the context of protecting the rights of children and youth in Bulgaria. This study will analyze and compare the legal regime of minors and juveniles in certain constitutional provisions of the Tarnovo Constitution, the Constitutions of the People's Republic of Bulgaria from 1947 and 1971, and the current Constitution of the Republic of Bulgaria. The aim is to examine the key constitutional provisions that regulate the status and rights of children in Bulgaria.
A GENERAL OVERVIEW OF THE MEDICO-LEGAL AND SOCIAL PROBLEMS REGARDING PEOPLE WITH DISABILITIES IN THE REPUBLIC OF BULGARIA
(Plovdiv University Press, 2024) Ilieva, Antonia
Since the 1990s, issues related to persons with disabilities have been permanently on the agenda of a number of international organizations, legislative and state policies, etc. This trend is not unexpected, but rather a conditioned consequence of the development of civilization, society, industrialization and medicine. According to official Eurostat3 data, as of 2023 only within the EU, people with disabilities number one hundred and one million people, i.e. one out of every four people. Worldwide, the number of persons under the age of eighteen is ninety-five million people, of which thirteen million are severely disabled. In our country, according to NSI4 data from 2022, the number of persons with disabilities has reached 654,547 in the country, of which 22,248 are children. In this sense, the administrative-legal, medico-legal and social issues that arise on a daily basis, both for administrative bodies and for people with disabilities, become more and more comprehensive and affect more and more deeply basic constitutional rights of citizens. In the foreground the issues emerged in relation to respect for human dignity, risk of social exclusion, dissatisfaction with provided social care, practical impossibility for individuals to exercise work, access to modern and expensive treatment, etc. The purpose of this review is to highlight the most significant medico-legal and social problems through the prism of European and national legislation, which problems are registered on the territory of the Republic of Bulgaria, as well as to make recommendations to the legislator for their resolution.
SPECIFICS IN THE IMPLEMENTATION OF PROCEDURAL RIGHTS OF PERSONS WITH INTELLECTUAL IMPAIRMENTS AND MENTAL DISABILITIES – INJURED BY CRIME
(Plovdiv University Press, 2024) Kutiev, Hristo
The article examines the theoretical statements and judicial practice on the issues related to the realization of the rights and the protection of the interests of persons with mental disabilities who have been injured by crimes. Conceptual differences in the use of separate terms such as victim of a crime, victim of a crime, intellectual impairments, mental disabilities and mental deficiencies have been clarified. An algorithm is proposed for identifying and confirming the mental disability of the injured persons, as well as the actions that should be taken by the decision-making authorities. Proposals de lege ferenda have been made to improve the legislation in the direction of ensuring mandatory protection of persons with specific intellectual needs in the criminal litigation process.
ON THE INTEREST OWED BY THE GUARDIAN OR THE CUSTODIAN TO THE WARD IN CASE OF UNTIMELY DEPOSITION OF MONEY TO THE WARD’S BANK ACCOUNT
(Plovdiv University Press, 2024) Datsov, Vladislav
The current article analyzes the instances in which a legal obligation arises for the guardian or the custodian to pay legal interest to the ward in case of untimely deposition of the ward’s money to the latter’s bank account. Since the relevant legal regulations are laconic, some problems may arise in front of the legal practice, which requires clarifying the exact content of the main obligation of the guardian or the custodian in order to determine whether there is non-compliance. It is also important to correctly define the moment from which legal interest starts to be charged on the sum, which has not been transferred to the bank account of the ward. Some issues regarding statute of limitation and, more specifically, tolling and discontinuation, are also discussed.
THE DEFINITION OF А „CHILD“ IN INTERNATIONAL TRAFFICKING PROTECTION ACTS
(Plovdiv University Press, 2024) Kostadinova, Tanya
The subject of research in the scientific development is the definition of "child" in international legal acts on protection from trafficking. For this purpose, it will be analyzed in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime; the African Charter on the Rights and Welfare of the Child; the Council of Europe Convention on Action against Trafficking in Human Beings, and other applicable regional international treaties. In international law there is no definition of the beginning and end of childhood. Therefore, a comparison will be made between the definition of "child" in the above international acts, and the challenges related to the protection of children from trafficking will be presented.
BRIEF OVERVIEW OF INTERNATIONAL AND NATIONAL LEGAL REGULATIONS FOR THE PROTECTION OF PERSONS WITH INTELLECTUAL AND MENTAL DISABILITIES
(Plovdiv University Press, 2024) Tsvetanov, Ivan; Yancheva, Plamena
The purpose of this article is to provide a brief overview of the current international and national legal framework dedicated to the protection of persons with intellectual disabilities and mental disabilities. Based on this review, some of the challenges and problems that exist not only in the legal framework, but also in law enforcement and practice in the field of the protection of these persons are visualized.
DOES CONSUMER LAW PROVIDE SPECIAL PROTECTION TO UNDER AGE AND MINOR CONSUMERS?
(Plovdiv University Press, 2024) Pangev, Yordan
The article aims to outline the legal framework that protects children as consumers within the meaning of the LPC. Also, answers will be sought to the questions of whether the law provides sufficient protection to these persons, whether their specificities that distinguish them from consumers who are adults are taken into account. At the same time, a discussion is opened on the possibilities of improving consumer legislation and proposals de lege ferenda will be made.
NON-PENAL MEASURES AGAINST MINOR PERPETRATORS OF CRIMES
(Plovdiv University Press, 2024) Hadzhiyska-Yosifova, Petya
The article contains a legal analysis of various types of non-penal measures against juvenile offenders. Emphasis is placed on the possibility of expanding the field of application of educational measures against minor defendants, considering the best interest of the child when determining them. In the context of the issue under consideration, the European standards in relation to children`s justice are indicated. Individual decisions from the practice of the European Court of Human Rights (ECHR) and the Bulgarian courts were discussed. Keywords: educational measures, public danger, minors, crime, legislative changes
PECULIARITIES CONCERNING PARTICIPATION OF A DEFENDANT WITH MENTAL DISABILITIES IN CRIMINAL PROCEEDINGS
(Plovdiv University Press, 2024) Simeonova, Maria
The article analyses the relevant legislation and the case law on its application with regard to the participation of a mentally disabled defendant in criminal proceedings. The paper outlines the shortcomings of the legal system in the Republic of Bulgaria with regard to procedural rights in criminal proceedings of mentally disabled defendants.
DISABLED PEOPLE AND THE UPCOMING ELECTIONS
(Plovdiv University Press, 2024) Milachkova, Krasimira
The article examines the specifics deriving from the situation of disabled people in the course of the elections – both in the aspect of the regulatory framework and in the aspect of the election bodies practice. The latter is of particular importance to ensure predictability in the exercise of the active right to vote for persons whose state of health presupposes certain limitations to their participation in public activities and, accordingly, the need for additional support. Relevant practice of the European Court of Human Rights is also presented.
Termination of Legal Proceedings Pursuant to art. 249 (2) CPC and the Term Under art. 63 (4)
(Plovdiv University Press, 2024-05-06) Georgiev, Tervel
In the article, the view is developed that when calculating the term under Art. 63 (4) of the Criminal Procedure Code, the time during which the case was in the judicial phase should not be taken into account in cases where, with an effective ruling, the court terminated the legal proceedings and returned the case to the prosecutor due to significant procedural violations committed during the pre-trial proceedings. The position is argued that ID No. 1/2002 of the General meeting of the Criminal board of the Supreme Court should be considered to have lost its meaning. The main idea advocated is that the proposed understanding of the law would achieve the legal protection and disciplinary effect of the norm of Art. 63 (4) of the Criminal Procedure Code, and the up-to-date established practice of the application of the provision should be decisively abandoned.
On the Issue of Parliamentary Governance as a Guarantor of Democracy
(Plovdiv University Press, 2024-05-06) Tsekov, Borislav
This study focuses on the shortcomings of presidential republics and the advantages of parliamentary forms of government. On the basis of social and historical experience in Europe, the paper argues that the parliamentary model provides better guarantees against authoritarian and one-man political regimes. The point is that there has been a rejection of the presidential model in postwar Europe, and even in France and Finland the emphasis is again on political accountability of the executive to parliament. The great exception, the success of the presidential republic in the United States, is due to national characteristics absent in Europe. The predominance of personal, authoritarian, and totalitarian regimes and the fragility of the democratic tradition are highlighted in a brief overview of Bulgaria's constitutional development. On this basis, the author argues that only parliamentary republics are a guarantee of sustainable democratic development.
On the Balance between Freedom of Will and Justice in the Right to a Reserved Share
(Plovdiv University Press, 2024-05-06) Datsov, Vladislav
A manifestation of the civil principle of freedom of will in inheritance law is the freedom of testament. The testator, however, is not entirely free in his decision which persons to bequeath their estate to, nor what part of their estate to bequeath. The testator is restricted by the institute of the reserved share, which is in favour of the persons in closest family relation with the testator. The current article analyzes critically the limitations to the freedom of testament, stemming from the right to a reserved share, to answer the question whether they are justified. Proposals are made for the improvement of existing legislation in order for a better balance to be struck between the two competing priinciples – freedom of testament and the protection of the persons in closest family relation with the testator.
Aspects of the Concrete Review of Constitutionality
(Plovdiv University Press, 2024-05-06) Deliev, Blagoy
The latest constitutional amendments, indirect access to the Constitutional Court has been expanded with. The new constitutional text regarding concrete constitutional review raises a number of questions. The most significant shortcoming of the adopted new version is that it lacks an express obligation to suspend the proceedings by the referring court. The article highlights some of the possible problems that jurisprudence will face. At this stage, they cannot be resolved by mandatory interpretation.
Public Danger as a Criterion for Distinguishing Administrative Violations from Crimes
(Plovdiv University Press, 2024-05-06) Hadzhiyska, Petya
The present article discusses public danger as a criterion for distinguishing administrative violations from crimes from some crimes when the object is the same public relations. Despite the interpretative practice, certain contradictions are still observed when distinguishing administrative violations from crimes, when the acts (actions and omissions) are described in an identical manner in different administrative laws and the Special Part of the Criminal Code. In this regard, the author appeals for legislative changes and a reassessment of public relations, including by dropping their criminal protection.
The Place of the Presumption of Causation in Tort Law
(Plovdiv University Press, 2024-05-06) Goleva, Polya
The article examines the meaning and place of the presumption of causation in Bulgarian tort law. I make the conclusion that it is reasonable and fair the presumption to find a wider place in the field of unlawful caused damages, because it eases the evidential burden (onus probandi) of the injured persons.

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