Studia Iuris
Permanent URI for this collection
e-ISSN: 2367-5314
Browse
Browsing Studia Iuris by Title
Now showing 1 - 20 of 100
Results Per Page
Sort Options
Item A GENERAL OVERVIEW OF THE MEDICO-LEGAL AND SOCIAL PROBLEMS REGARDING PEOPLE WITH DISABILITIES IN THE REPUBLIC OF BULGARIA(Plovdiv University Press, 2024) Ilieva, AntoniaSince 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.Item A HISTORICAL OVERVIEW OF LAND USE PLANNING IN THE REPUBLIC OF BULGARIA FROM LIBERATION TO THE PRESENT DAY(Plovdiv University Press, 2026-01-14) Talipova, EmineThis paper presents an in-depth analysis of land use planning in Bulgaria, tracing the historical development of the concept and comparing the various legislative acts governing this area. It emphasizes that land use planning is a continually evolving concept that reflects changes in society and technology. The paper analyzes the different laws that have regulated land use in Bulgaria over the years, highlighting the evolution from a centralized to a more decentralized approach. It emphasizes the importance of sustainable development, citizen participation, digital technologies, and adaptability in contemporary land use planning. The concepts of “general development plan” (GDP) and “detailed development plan” (DDP) are examined in detail, along with their role in planning and managing land. The paper also explains the concept of land regularization, its process, and its importance. A detailed comparison is made between the two main laws regulating land use in Bulgaria (the Land Use Act and the Territorial and Settlement Planning Act), highlighting their strengths and weaknesses.Item ACADEMIC FORUM “JUSTICE AND LAW” (INTRODUCTION)(Plovdiv University Press, 2026-01-14) Kozhuharova, IvelinaThe Academic Forum “Justice and Law” provides a platform for the students at the Law Faculty, University of Plovdiv, giving them the opportunity to put into practice the knowledge acquired in the Academic Writing course. Their award-winning works in the form of an essay are brought to the attention of the reader.Item ADJUDICATION AN ADDITIONAL SENTENCE BY THE COURT(Plovdiv University Press, 2025) Tareva, DonikaAccording 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.Item Aggressive Commercial Practices(Plovdiv University Press, 2024-05-06) Boneva, LindaThe essay examines the phenomenon of aggressive commercial practices and the legal problems connected with this kind of unfair commercial practices.Item APPEAL OF ELECTRONIC TICKETS(Plovdiv University Press, 2025-11-25) Yusein, MelisaThis paper aims to discuss the procedure for appealing electronic ticket ticket ticket, which is a current problem for the citizens of the Republic of Bulgaria. This issue is currently a major one, because with each passing year the number of motor vehicles increases and various technical means for measuring speed are being used in Bulgaria. The possible consequences of the appeal will also be considered, as well as its importance for protecting the rights of citizens and strengthening the legal order in the country.Item ARE LEGAL ENTITIES ENTITLED TO CLAIM COMPENSATION FOR NON-PECUNIARY DAMAGES?(Plovdiv University Press, 2025) Mitev, Krasimir; Slavchev, AndreanThe 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.Item Aspects of the Concrete Review of Constitutionality(Plovdiv University Press, 2024-05-06) Deliev, BlagoyThe 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.Item Basic Obligations of Citizens in the Constitution of the People's Republic of Bulgaria from 1947 y.(Plovdiv University Press, 2024-05-06) Iliev, VasilThe 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.Item 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, PlamenaThe 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.Item CODE OF CONDUCT FOR CIVIL SERVICE EMPLOYEES, THE ETHICS AND MORALS(Plovdiv University Press, 2026-01-14) Gadzhonova, DesislavaThe goal of this work is to explore the legal nature and significance of the Code of Conduct for Civil Service Employees, and to examine its relationship with the Ethical and Moral Norms. The study will analyze the foundational elements guiding employee behavior and the influence of legal sanctions on it. As a result, several factors influencing the formation of ethical behavior among civil service employees will be identified.Item COMPARISON BETWEEN ADMINISTRATIVE AND JUDICIAL PROCEEDINGS(Plovdiv University Press, 2026-01-14) Hodzhov, DenisThe contestation of administrative acts is a fundamental legal procedure through which the rights and legitimate interests of citizens and legal entities in Bulgaria are protected. The Administrative Procedure Code (APC) and the Constitution of the Republic of Bulgaria (CRB) establish the framework for this protection, providing two primary methods of contestation: administrative and judicial review. The purpose of this article is to examine these two methods in detail, focusing on their legal foundations, procedures, time limits, and the consequences they entail for the affected parties.Item 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, YavorThe 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.Item Consumer Protection in the Field of Food(Plovdiv University Press, 2024-05-06) Parisheva, ElizabethThe 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.Item CONTENT OF THE EMPLOYMENT RELATIONSHIP WITH A SPECIALIST PHYSICIAN(Plovdiv University Press, 2025-11-25) Filipova, TeodoraThe article analyzes the mandatory and optional content of the internship employment relationship when applying the special and general legal framework. The specifics of the employment contract as a type of on-the-job training contract under Art. 230 of the Labor Code are clarified and the impact of the subject matter on the content of its essential elements (job title, place of work, working hours, remuneration, etc.), as well as specific obligations of the employer: to appoint a supervisor for the intern and to provide opportunities for training outside the medical facility. Attention is drawn to inconsistencies and gaps in the regulatory framework and relevant case law is examined.Item DIGITIZATION OF EMPLOYMENT RELATIONSHIPS. THE DISAPPEARANCE OF PAPER IN EMPLOYMENT BOOKS(Plovdiv University Press, 2026-01-14) Chukalova, NadezhdaThe article analyzes the process of abolishing the paper official booklet, which is an official document certifying the circumstances related to the official activity recorded in it. The focus is on the amendments to the Civil Servant Act that provide for the introduction of an electronic work record and the elimination of the paper service book. The procedure for entering data into the electronic employment record, which will be implemented from June 1, 2026, has also been tracked. The legislator's motives for undertaking this reform have been analyzed, and the positive effects and potential difficulties that follow have been noted.Item DISABLED PEOPLE AND THE UPCOMING ELECTIONS(Plovdiv University Press, 2024) Milachkova, KrasimiraThe 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.Item Distance Contracts(Plovdiv University Press, 2024-05-06) Vasileva, ElenaDistance 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.Item DOCTOR-PATIENT LEGAL RELATIONS: NORMATIVE AND MORAL-ETHICAL ASPECTS(Plovdiv University Press, 2026-01-14) Ilieva, Antonia; Voynov, YavorIn contemporary medical science and practice, the issue concerning the choice of communication approach by medical professionals in the course of performing their professional duties is becoming increasingly dialogical. The diversity of healthcare institutions, the implementation of electronic healthcare systems, and the introduction of telemedicine have altered the theoretical concepts regarding the existing models of doctor-patient legal relations. The present overview aims to examine the development of doctor-patient legal relations in the 21st century, both from a legal perspective and from a moral-ethical standpoint. It seeks to emphasize the good practices established in contemporary settings, as well as to identify deviations from legally prescribed conduct.Item DOES CONSUMER LAW PROVIDE SPECIAL PROTECTION TO UNDER AGE AND MINOR CONSUMERS?(Plovdiv University Press, 2024) Pangev, YordanThe 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.