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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    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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    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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    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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    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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    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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    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.
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    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.
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    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
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    On Students' Consumer Law Essays
    (Plovdiv University Press, 2024-05-06) Shopov, Angel
    Some of the students studying the elective subject "Consumer Law" at the Law Faculty, University of Plovdiv, were given the opportunity to apply their writing skills. Their essays are brought to the attention of the reader.
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    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.
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    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.
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    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.
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    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.
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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.