Studia Iuris
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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 SOME OF THE PROCEDURAL RIGHTS OF THE VICTIM OR HIS HEIRS THAT ARE SUBJECT TO DISCUSSION IN THE DISPOSAL MEETING OF THE FIRST INSTANCE IN CASES OF A GENERAL NATURE(Plovdiv University Press, 2025) Rusev, GabrielThe essence of this article is to outline some of the essential and remediable procedural violations that require the return of the case to the prosecutor and have violated the procedural rights of the victim or his heirs.Item 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, StoyankaThe 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.Item LIABILITY FOR FOREIGN TAX DEBT ACCORDING TO ART. 177 OF THE VAT LAW(Plovdiv University Press, 2025) Parparova, DiyanaThis 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.Item THE MOTION OF NO CONFIDENCE AND THE MOTION OF CONFIDENCE. THE IMPROPER MERGING OF THE TWO INSTITUTES AND THE WEAKNESSES IN THEIR CONSTITUTIONAL FRAMEWORK(Plovdiv University Press, 2025) Karalanov, EvgeniyThe present work aims to explore the institutes of the motion of no confidence and the motion of confidence, and more specifically the grounds for requesting them. The history, essence, and place of these institutes in constitutional law will be examined. The problems surrounding the interpretation of the Constitution by the Constitutional Court, which leads to the ineffective functioning of the constitutional mechanisms for requesting a vote of no confidence, are analyzed. A proposal for constitutional changes will be made, enabling the full functioning of both institutes. Additionally, issues regarding the new version of the constitution concerning the vote of no confidence and the vote of confidence when there is a caretaker government will be examined.Item MODERN TRENDS IN JUVENILE PUNISHMENT(Plovdiv University Press, 2025) Stoyanova, SilviaThe article examines modern trends in penal methods applied to minors. The differentiation between punishments and educational measures.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 POSITIVE DRUG LIST – NATURE OF THE PRICE REGULATION OF MEDICINAL PRODUCTS(Plovdiv University Press, 2025) Tankov, VasilThe basis of drug pricing in our country is a specific legal-technical mechanism. This is the so-called Positive Drug List (PDL). Its legal framework is provided in the Law on Medicinal Products in Human Medicine (Art. 262 et seq.) and further developed in the Ordinance on the Conditions, Rules, and Procedures for Regulating and Registering of Prices for Medicinal Products. The purpose of this article is to provide a more detailed look at this specific subject matter, while offering the author's interpretation of the legal characteristics, structure, and functions of the PDL.Item THE RIGHT TO PAID LEAVE OF A PUBLIC SERVANT(Plovdiv University Press, 2025) Chukalova, NadezhdaThe subject of analysis in this article is the constitutionally-established "public servant's right to leave". The focus of the paper is on the types of paid leave that a public servant may take. It also examines the privileges and limitations of public servants in taking their entitlement to leave as compared to employees, a party to the employment relationship. In addition, the exercise of the right to leave itself is examined, as well as the possibilities of deferring leave, interrupting leave already taken and receiving a cash allowance for untaken paid annual leave on termination of the employment relationship.Item LEGAL NORM AND LEGAL PROVISION(Plovdiv University Press, 2025) Datsov, VladislavIn 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.Item ON SOME ISSUES OF THE “CARETAKER“ GOVERNMENT ACCORDING TO THE BULGARIAN PARLIAMENTARY MODEL(Plovdiv University Press, 2025) Deliev, BlagoyThe article aims to address some theoretical and practical issues related to the established structure of a caretaker government (interim government) in accordance with Article 99, Paragraph 5 of the Constitution of Republic Bulgaria. The 2023 revision of the Constitution raised several questions regarding this already controversial structure. First, an attempt is made to present the development of the idea of constitutionalizing government between two parliaments – Caretaker government and temporary governments appointed by the head of state. The justification for these temporary, limited administrations lies in ensuring the renewal of the parliament. The article also traces several models of transitional government, similar to the one adopted in our country, which are appointed by the head of state. The article examines the current constitutional provisions regarding the status of the caretaker government (interim government) in the context of the Bulgarian parliamentary system of government and the adopted figure of a continuously functioning National Assembly, which cannot be dissolved by the head of state.Item HIGH-RISK AI SYSTEMS – ESSECE AND REQUIREMENTS(Plovdiv University Press, 2025) Vladimirova, KatiaIn 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.Item THE COURTʼS POWER TO ISSUE AN EUROPEAN INVESTIGATION WARRANT IN CRIMINAL PRE-TRIAL PROCEEDINGS(Plovdiv University Press, 2025) Sabcheva, DanielaThe article is focused on the legislative amendments entered in the Bulgarian law in april 2024 which regulates the matters about issuing and execution of European Investigation Order. Аccording to these amendments European Investigation Order can be issued in the pretrial procedure by the court when it is focused on collecting data providеd by public electronic communication networks or services or private financial information. The author suggests another solution which is suitable to the Bulgarian national law and to the Directive 2014/14 both – a rule which stipulates that the EIO should be issued by the prosecutor after court decision which permits access to the data.Item MOTIVE OF THE CRIMINAL ACT(Plovdiv University Press, 2025) Georgieva, NataliaThis scientific article aims to explore the essence of the motive as a subjective element of the criminal act, which is not included in the content of guilt and to focus on the guidelines of its importance in criminal law. The theoretical foundations are laid out on the plane of the doctrine of crime and, through the dialectical method and the interdisciplinary approach, the questions about 1) Motive as a mental element of the criminal act; 2) The criminal law significance of the motive in determining the classification of the act and the punishment; 3) The comparative legal aspects between motive and purpose of the criminal act; 4) Classification of motives and criteria for their definition.Item RESPONSIBILITY OF PERSONS IN CASES OF ABUSE PURSUANT TO ART. 177 OF VATL(Plovdiv University Press, 2025) Mutafov, KrasimirThe article is devoted to the question of the liability of persons under the order of Article 177 of VATL as a type of liability for foreign tax debt in tax law. The specifics of this type of liability are examined through the prism of VAT taxation and the right to deduct tax credit. Attention has been paid to the prerequisites for its occurrence, as well as to the bearers of this type of legal responsibility.Item LEGAL REGIME OF CIVIL DEFENCE UNDER THE SECONDARY LAW OF THE EUROPEAN UNION(Plovdiv University Press, 2025) Penchev, GeorgiThis 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.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 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 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, VladislavThe 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.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.
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