Naučni trudove - Plovdivski universitet Paisij Hilendarski. Pravo. / Научни трудове - Пловдивски университет Паисий Хилендарски. Право. (Scientific works - Paisii Hilendarski University of Plovdiv. Law)
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ISSN: 0861-3184 (до 2024)
ISSN: 2815-4304 (от 2024)
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Item CHILD TRAFFICKING IN THE UN CONVENTION ON THE RIGHTS OF THE CHILD AND THE SECOND OPTIONAL PROTOCOL ON SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY(Plovdiv University Press, 2025-12-01) Kostadinova, TanyaThe study traces the international legal protection of children from trafficking in the UN Convention on the Rights of the Child of 1989 and The Second Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. An attempt is made to analyze Art. 35 of the UN Convention on the Rights of the Child and its relation to other provisions thereof. Special attention is paid to child trafficking, child prostitution and child pornography. The specific features regarding crimes placed on the same footing as child trafficking are discussed. The importance of the international treaties considered in relation to suppression of trafficking is emphasized.Item TERMINATION OF ENFORCEMENT PROCEEDINGS UNDER ARTICLE 433, PARAGRAPH 1, ITEM 8 OF THE CIVIL PROCEDURE CODE (CPC) – PEREMPTION (PÉREMPTION D’INSTANCE)(Plovdiv University Press, 2025-12-01) Georgiev, RumenThe present study is an attempt to comprehensively investigate the institution of peremption in enforcement proceedings under the Bulgarian Civil Procedure Code (CPC). The scientific work includes brief historical notes on the introduction of peremption as a ground for terminating pending proceedings in Bulgarian civil litigation, clarifications regarding the nature and application of the concept, as well as an analysis of the issues and contentious points among scholars and legal practitioners. This research provides critical remarks on the prevailing interpretation of peremption in the case law and subsequently offers proposals for resolving the problems identified.Item SUSPENSION AND TERMINATION OF AN ENFORCEMENT PROCEDURE UPON THE REQUEST OF THE INITIAL CREDITOR IN CASE OF JOINDER OF CREDITORS IN THE SAME ENFORCEMENT PROCEDURE(Plovdiv University Press, 2025-12-01) Nekov, RumenThe paper focuses on the issues which the jurisprudence addresses in question No. 2 of interpretative case No. 2/2023 of GACC of the SCC.Item PROBLEMS ARISING IN THE PROCEDURE OF SERVICE BY APPLICATION TO THE FILE WHEN CONDUCTING AUDIT PROCEEDING(Plovdiv University Press, 2025-12-01) Yanev, PetarThe present study examines some of the problems arising when implementing the procedure for serving documents by applying to the file under Art. 32 of the Tax and Social-Security Procedure Code. Specific practical vices in the implementation of the set of facts of the provision of Art. 32 by the revenue authorities, concerning service of papers by application to a file, have been analysed.Item TERMINATION OF PARTICIPATION IN COMMERCIAL COMPANIES BY THE INSOLVENCY ADMINISTRATOR – AN ACTION TO REPLENISH THE BANKRUPTCY ESTATE OR TO LIQUIDATE IT?(Plovdiv University Press, 2025-12-01) Pavlevchev, NikolayThis study provides an analysis of the power of the insolvency administrator under Art. 658, Para 1, item 13 of the Commerce Act to terminate the debtor’s participation in commercial companies in order to characterize it as an action directed to replenish the bankruptcy estate or to liquidate it. In the study, the legal text has been analyzed through various interpretive methods. It is concluded that the answer lies in the civil enforcement procedure as a basis for constructing a collective executive procedure. Insofar as the termination of the participation in a commercial company according to the CCP is an element of a complex enforcement method requiring the existence of an executive title, it is defended that, even within the framework of bankruptcy proceedings, the termination of the participation in a commercial company should also be considered as an act of liquidation, which can be done only after declaring the debtor bankrupt.Item A LOOK AT ENTREPRENEUR INSOLVENCY, DISCHARGE OF DEBTS AND DIRECTIVE (EU) 2019/1023 ON RESTRUCTURING AND INSOLVENCY(Plovdiv University Press, 2025-12-01) Alexandrov, AlexanderThe study analyzes the provisions of Directive (EU) 2019/1023 and their transposition into the Commerce Act, with a focus on those of them that are applicable to the discharge (repayment) of debts of entrepreneurs and sole traders. The facts related to the discharge of debts and other related provisions are analyzed. Critical conclusions are drawn regarding the legal framework.Item SPECIAL HYPOTHESES OF INHERITANCE OF COMPANY SHARES AND STOCKS FROM THE STATE AND THE MUNICIPALITY AND THE EXERCISE OF THE RIGHTS THEREUNDER WHEN THE WHEREABOUTS ARE UNKNOWN(Plovdiv University Press, 2025-12-01) Kaneva, AniThe issue of inheritance of company shares is becoming more and more topical given the adoption of the Commerce Act in 1991 and the time that has passed since then. In addition to the main issues of inheritance, or nonsuccession of membership, the special hypotheses of vacant succession, the situation of legatees in the event of a declaration of unknown whereabouts, and the application of Articles 10 and 11 of the Inheritance Act in the case of an inheritance comprising company shares need to be addressed.Item ORIGIN AND DEVELOPMENT OF THE TESTAMENT(Plovdiv University Press, 2025-12-01) Yovchev, NikolaEvery legal institute is naturally determined by the social context in which it arises and the social needs it seeks to satisfy. The Testament does not make an exception, but on the contrary, confirms this rule, as it clearly demonstrates the correlation between the development of the civil turnover and the gradual complication and refinement of the institute. The historical overview aims to show the sources and trends in the contemporary outlook of the testament, thus contributing to its clarification and also to possible approaches in its future normative optimization. Specifically, the article aims to examine the relationship between private property, inheritance law in general and testaments in particular. Subsequently, it traces the emergence of the institute in Roman private law and its transfer to the Bulgarian legal system during the different periods of its historical development.Item PROPERTY INHERITED FROM THE MOTHER OR FROM THE MOTHER’S SIDE ACCORDING TO THE LEGISLATION OF EMPEROR CONSTANTINE I IN THE CODEX THEODOSIANUS (CTH.8.18.1-3)(Plovdiv University Press, 2025-12-01) Todorov, MetodiThe study analyses the succession of property owned by the mother or her relatives according to the provisions of the legislation of Emperor Constantine I contained in the Codex Theodosianus, in comparison with the regulation of classical law and in particular with that of the Senatusconsultum Orfitianum. The conclusion is that, with all the limitations on the father’s rights in respect of the bona materna established in imperial legislation, he must be regarded as having no title to that property, but that all his rights derive from: 1) the legal servitude – usufruct granted to him, 2) the patria potestas exercised by him, and 3) the new duties imposed on him by imperial legislation to care for and preserve that property in the interests of his subjects.Item SOURCES OF ENVIRONMENTAL LAW OF THE REPUBLIC OF BULGARIA(Plovdiv University Press, 2025-12-01) Penchev, GeorgiThis scientific study is dedicated to a theoretically and practically significant legal problem – the sources of the Bulgarian environmental law. The attention is focused on the types of sources of this law (national, European and international), as well as on the hierarchy (correlation) between them. Finally, some more general conclusions are drawn from the legal framework considered.Item LEGAL PROTECTION OF WATERS IN THE REPUBLIC OF BULGARIA(Plovdiv University Press, 2023) Penchev, GeorgiThis 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.Item JUDICIAL CONTROL OVER INVESTIGATIVE ACTIONS CARRIED OUT UNDER CONDITIONS OF URGENCY(Plovdiv University Press, 2023) Kutiev, HristoThe 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.Item HISTORICAL OVERVIEW OF THE CRIMINAL LAW REGIME OF MINORS(Plovdiv University Press, 2023) Ipokratova, KrasimiraThe 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.Item LABOUR MIGRATION AND LABOUR MOBILITY. SPECIAL RULES FOR THE EMPLOYMENT OF FOREIGN WORKERS IN BULGARIA(Plovdiv University Press, 2023) Genova, YaroslavaThe 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.Item LEGAL AND HISTORICAL ANALYSIS OF EQUIVALENCE BETWEEN DUTIES IN ONEROUS CONTRACTS(Plovdiv University Press, 2023) Peshterski, TeodorUpon 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).Item THE PLACE OF THE BULGARIAN ORTHODOX CHURCH – BULGARIAN PATRIARCHATE AS A LEGAL SUBJECT AMONG LEGAL ENTITIES(Plovdiv University Press, 2023) Kyoseva, MariaThis 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.