Studia Iuris

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e-ISSN: 2367-5314

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    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.
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    ADJUDICATION AN ADDITIONAL SENTENCE BY THE COURT
    (Plovdiv University Press, 2025) Tareva, Donika
    According to art. 301, par. 3 of the Criminal procedure Code of the Republic of Bulgaria, when the court has missed to rule the civil action, it could held an additional decision in the appeal period. By its existence and consequences this act is not distinguished form the sentence. The additional sentence has also the same content: an introduction, dispositive and grounds. It also has the same strict requirements for form, content, structure, legality, reasonableness and fairness. These requirements comes from the fact that similar to the sentence, the additional sentence is characterized by the effect of res judicata.
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    Aggressive Commercial Practices
    (Plovdiv University Press, 2024-05-06) Boneva, Linda
    The essay examines the phenomenon of aggressive commercial practices and the legal problems connected with this kind of unfair commercial practices.
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    ARE LEGAL ENTITIES ENTITLED TO CLAIM COMPENSATION FOR NON-PECUNIARY DAMAGES?
    (Plovdiv University Press, 2025) Mitev, Krasimir; Slavchev, Andrean
    The article is devoted to the problem of the contradictory jurisprudence of the Supreme Courts of the Republic of Bulgaria on the question whether legal entities are entitled to claim compensation for non-pecuniary damages. The basis of this paper is the opinion on the Interpretative Case No. 1/2023 before SCC and SAC, prepared by the authors for the Department of Civil Law of the Faculty of Law of the Plovdiv University.
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    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.
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    Basic Obligations of Citizens in the Constitution of the People's Republic of Bulgaria from 1947 y.
    (Plovdiv University Press, 2024-05-06) Iliev, Vasil
    The doctrine is rich in works related to the fundamental rights of citizens. Given the importance of the basic obligations in the construction of a state, in this article, the subject of research will be the basic obligations in one stage of the development of Bulgaria. Particular attention will be paid to the main obligations contained in the relevant chapters of the Constitution of the People's Republic of Bulgaria from 1947. In addition to this, a brief historical reference will be made related to the adoption of the CPRB since 1947. In conclusion, the stability of the main obligations in time until the adoption of the CPRB since 1971 will be examined.
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    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.
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    COMPREHENSIVE REVIEW OF THE PRAGMA-DIALECTICAL CODE OF CONDUCT AND BULGARIA’S MEDIATION ACT. THEORETICAL AND LEGAL ASPECTS OF MEDIATION
    (Plovdiv University Press, 2025) Ilieva, Antonia; Voynov, Yavor
    The adoption of the Mediation Act in Bulgaria in December 2004 granted Bulgarian citizens the right to seek and participate in the voluntary, informal, and confidential process of mediation. In the context of Bulgarian law, mediation is defined as an alternative method for resolving legal and non-legal disputes. This normative dimension is underpinned, in no small part, by the Dutch theoretical framework of pragma-dialectics – a process of analyzing and evaluating argumentative discourse in practice, whether political, media-related, community-based, or otherwise. The present report aims to analyze the points of intersection between mediation and pragma-dialectics by comparing the dialectical essence of dispute resolution with the practicality of mediated critical discussion. Additionally, a focus will be placed on critical observations regarding gaps in the regulatory framework related to the governance of mediation activities in Bulgaria.
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    Consumer Protection in the Field of Food
    (Plovdiv University Press, 2024-05-06) Parisheva, Elizabeth
    The growth of needs in the field of consumption necessitates more specific regulation and protection of the safety and health of consumers of food. Therefore, the regulatory framework undergoes periodic renewal through the introduction of various legal acts of the European Union (EU) into our national law.
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    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.
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    Distance Contracts
    (Plovdiv University Press, 2024-05-06) Vasileva, Elena
    Distance contracts are an increasingly common phenomenon, which benefit the consumer with a multitude of rights and provide them with a number of options. For online purchases, consumers have a 14-day "cooling-off period" during which they can exercise their right to return the goods without having to give a reason to get their money back. In the case of a purchase made from a physical shop, this right is absent and the consumer is entirely dependent on the policy of the trader.
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    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.
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    HIGH-RISK AI SYSTEMS – ESSECE AND REQUIREMENTS
    (Plovdiv University Press, 2025) Vladimirova, Katia
    In June 2024, the Council of Europe adopted Regulation (EU) 2024/1689 on establishing harmonized rules on artificial intelligence, or the so-called "The AI Act." It marks the beginning of the first legal regulation on AI and aims to overcome concerns and threats in the relationship between humans and AI. In it for the first time, four AI systems are regulated, and depending on their type, different requirements have been introduced for them. The very differentiation of different types of AI systems is done on the basis of the risk that the respective system brings to society. Thus, AI systems are divided into AI systems that pose a clear threat to humans, AI systems that pose a high risk, AI systems with limited risk, and AI systems with minimal risk. This presentation aims to examine high-risk AI systems and their legal regulation. They pose a potentially high risk to people's rights and freedoms, which is why they are subject to strict regulation.
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    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.
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    IS THE POLITICAL RESERVE FUNCTION OF THE PRESIDENT GUARANTEED AFTER THE AMENDMENTS IN ART. 99, PARAGRAPH 5 OF THE CONSTITUTION
    (Plovdiv University Press, 2025) Grancharova, Stoyanka
    The following development aims to investigate to what extent the Bulgarian president is limited in the performance of his political reserve function after the changes made in Art. 99, para. 5 of the KRB. In analysis will pay special attention to several main moments: the appointment of the acting ex officio prime minister, the process of taking the oath, the unclear moments that are found in the amended provision of Art. 99, Para. 5 of the KRB and the change in the form of state governance and polity. In addition to this, a comparison will be made between the old and the new provision and in conclusion it should be emphasized that it is necessary to return the old text of the provision of art. 99, paragraph 5 or at least to supplement the list of potential candidates, as as it is partially empty.
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    LEGAL NORM AND LEGAL PROVISION
    (Plovdiv University Press, 2025) Datsov, Vladislav
    In the Bulgarian legal literature, the terms ‘legal norm’ and ‘legal provision’ are not completely clarified. As a result of differing views on their content, various opinions are formed regarding the relation between the legal norm and the legal provision. Some authors are of the opinion that the two are equivalent, while others believe that the legal norm is the content of the legal provision and can be educed from the latter by interpretation. At the same time, the question whether there are legal provisions which do not contain legal norms, is neglected. The current article discusses the relation between the legal norm and the legal provision, the types of legal provisions, which the legal acts contain, as well as some matters of the interpretation.
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    Legal Protection of Forests Under Secondary Law of the European Union
    (Plovdiv University Press, 2024-05-06) Penchev, Georgi
    This study is dedicated to legal protection of the forest under secondary law of the European Union. The attention is paid mainly to legal acts with obligatory character for member-states, as well as to the judicial practice on their implementation in this field. In the conclusion there some more general conclusions and recommendations from the investigated legal regulation.
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    LEGAL REGIME OF CIVIL DEFENCE UNDER THE SECONDARY LAW OF THE EUROPEAN UNION
    (Plovdiv University Press, 2025) Penchev, Georgi
    This study is dedicated to legal regime of civil defence under secondary law of the European Union. The attention is paid mainly to legal acts with obligatory character for member states in this field. In the conclusion there some more general conclusions from the investigated legal regulation.
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    LIABILITY FOR FOREIGN TAX DEBT ACCORDING TO ART. 177 OF THE VAT LAW
    (Plovdiv University Press, 2025) Parparova, Diyana
    This work examines the possibility provided by law for a person to be responsible for the tax debt of his supplier when he has exercised his right to a tax credit related directly or indirectly to the tax owed and not paid. Particular attention is paid to the subjective element of the factual composition of the provision of Art. 177, which is expressed in the knowledge or the obligation of knowledge on the part of the recipient, regarding the fact of non-payment of the tax. Controversial judicial practice is examined, and some of the author's reasoning is presented. A proposal was also made regarding supplementing the legal norm, with the aim of unifying the judicial practice and reducing the possibility of arbitrariness on the part of the revenue administration in the application of the considered provision.
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    Militarization of Outer Space - Problems and Solutions
    (Plovdiv University Press, 2024-05-06) Bogdanova, Miglena
    The legal thesis will examine the current legal framework of the militarization of outer space alongside with its problems. Comparisons will be made between space law and humanitarian law, as well as with human rights, in order to give a clearer picture of the interaction between them. Attention will also be drawn to the position of Bulgaria and the European Union in the international discussion on the issue.