Научни трудове - Пловдивски университет "Паисий Хилендарски". Книга 7. Обществени науки : Право /Naučni trudove - Plovdivski universitet Paisij Hilendarski. Kniga 7, Obŝestveni nauki: Pravo/

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https://doi.uni-plovdiv.bg/handle/store/565
ISSN: 0861-3184

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    HISTORICAL OVERVIEW OF THE CRIMINAL LAW REGIME OF MINORS
    (Plovdiv University Press, 2023) Ipokratova, Krasimira
    The article examines the criminal law regime of minors for the period from the establishment of the Bulgarian state in 681 to 1989. For this purpose, the paper is divided into seven historical periods of the Bulgari-an state and law, in which the establishment and development of the special criminal law regime of minors is studied. An attempt has been made to exam-ine all known legal monuments and laws from the respective eras related to this legal institution of criminal law.
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    JUDICIAL CONTROL OVER INVESTIGATIVE ACTIONS CARRIED OUT UNDER CONDITIONS OF URGENCY
    (Plovdiv University Press, 2023) Kutiev, Hristo
    The study covers some issues related to the possibility, provided for in the Criminal Procedure Code, that some of the investigative actions may be carried out in urgent situations, without prior permission of the court. The specifics of the subsequent approval of the protocols of the actions by the court, as a supervising body, are also considered. The case law of the European Court of Human Rights and that of the national courts is analyzed, and the paper proposes general criteria and prerequisites, according to which certain conditions should be defined as urgent.
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    LABOUR MIGRATION AND LABOUR MOBILITY. SPECIAL RULES FOR THE EMPLOYMENT OF FOREIGN WORKERS IN BULGARIA
    (Plovdiv University Press, 2023) Genova, Yaroslava
    The paper mainly deals with the legal framework of labour migration within the meaning of the Labour Migration and Labour Mobility Act. It first clarifies the meaning and substance of the new legal term for the Bulgarian labour law, ‘labour migration’. The special rules for hiring third-country national workers in Bulgaria in relation to the main types of access permits to the Bulgarian labour market have been examined.
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    LEGAL AND HISTORICAL ANALYSIS OF EQUIVALENCE BETWEEN DUTIES IN ONEROUS CONTRACTS
    (Plovdiv University Press, 2023) Peshterski, Teodor
    Upon rediscovering the Corpus iuris civilis by the Bolo-gnese glossators at the beginning of the twelfth century, the process of the actual development of the institution of gross disparity, named by them as laesio enormis, is taking place. The civil jurists establish laesio enormis as a practical remedy applicable to almost all onerous contracts, as well as the method of determining the ‘fair’ price. At the same time, canonists and theologians of the Middle Ages are trying to build their own theory, answering the questions – why the remedy should be provided and what is the concept of ‘fair price’. An essential role in this process is played by the negative attitude of the Church towards mer-chants, usury and, in particular, the sale of goods at a price higher than their value. As a result, the principle of equality in exchange has had its leading role in the contractual relationship for more than five centuries (up until the 17th century).
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    LEGAL PROTECTION OF WATERS IN THE REPUBLIC OF BULGARIA
    (Plovdiv University Press, 2023) Penchev, Georgi
    This scientific study is dedicated to the legal regime of the protection of waters under existing Bulgarian legislation. The attention is paid to the legal measures both under special water legislation and under legislation in some other branches relevant to the area under consideration. Finally, some general conclusions are made from the legal regulation in consideration.
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    THE PLACE OF THE BULGARIAN ORTHODOX CHURCH – BULGARIAN PATRIARCHATE AS A LEGAL SUBJECT AMONG LEGAL ENTITIES
    (Plovdiv University Press, 2023) Kyoseva, Maria
    This study provides a comparative analysis of the Bulgarian Orthodox Church – Bulgarian Patriarchate (BOC-BP) and other legal entities –religious denominations, non-profit legal entities, commercial companies,based on which generalizations are made about the similarities and differ-ences of the BOC-BP as a unique public entity from the other legal entities.This implies an analysis of the characteristics and classifications of legalentities depending on various criteria, in order to outline in this context thespecific features of the BOC-BP as a legal entity recognized by law. Empha-sis is placed on the distinction between the creation and recognition of a legalentity ex lege, as well as on the existence of religious belief, which makesreligious denominations a special category of legal entities. It is concludedthat BOC-BP differs both from the state and from other legal entities, whichgives reason to define it as a special legal entity of private law with devia-tions from the corporate nature of classic legal entities.