Studia Iuris
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Item Use of Trademarks on the Internet(Plovdiv University Press, 2002-01-15) Dimov, DimanThe present work will duscuss the issue under what circumstances a right protected in the territory of a country can be considered violated by the use of a similar sign on the Internet and what legal consequences arise from this. Attention is paid to the development process of the General Recommendations of World Intelectual Property Organization. The provisions of the General Recommendations of World Intelectual Property Organization, their binding effect, mandatory application and political weight will be also considered.Item “FROM PAPER TO CLICK: SOLUTION OR CHALLENGE FOR MODERN ADMINISTRATION?”(Plovdiv University Press, 2026-01-14) Mitova, MonikaThe use of electronic administrative services is becoming increasingly widespread, offering significant convenience for both ordinary citizens and administrative authorities. Conducting administrative services online, such as sending and receiving documents and messages, ensures speed and transparency, as it can always be verified. Communication through electronic delivery acquires evidential weight, remaining secure and protected, thereby improving the functioning of the administration. Documents exchanged electronically are guaran-teed authenticity, something that seemed unimaginable in the past when long queues, sometimes even at different administrative offices, were the norm. Despite its advantages, electronic delivery also poses some challenges – the technical readiness of administrative authorities to handle the digitalization of their services and the difficulties citizens face when transitioning from traditional paper-based delivery to electronic methodsItem ON DISCRIMINATION IN THE PRESCRIPTION AND FUNDING OF ENTERAL NUTRITION(Plovdiv University Press, 2026-01-14) Boeva, MiroslavaThe current regulation of enteral nutrition creates barriers to accessing this essential treatment. The article advocates for the removal of discriminatory formalistic requirements that do not serve a legitimate purpose and the provision of equitable funding for children (individuals under 18 years of age).Item THE FIGURE OF THE OMBUDSMAN AND HIS PLACE IN THE ADMINISTRATIVE PROCEDURE(Plovdiv University Press, 2026-01-14) Peikova, KristinaThe Ombudsman is a figure that appears for the first time on the legal stage in Sweden in 1713 year. In Bulgaria, only at the beginning of the 20th century, this figure found its place in the legal order with the drafting of the Ombudsman Act, and then with the consolidation of the institution in the Constitution of the Re-public of Bulgaria. The Ombudsman is a public defender, an independent guarantor of the rights, legitimate interests and freedoms of citizens, as well as of ensuring the effectiveness and legality of administrative activities.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 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 THE PROBLEMS WITH THE TACIT REFUSAL UNDER ART. 58 APC(Plovdiv University Press, 2026-01-14) Georgieva, PresianaThe present study examines the tacit refusal under Article 58 of the Administrative Procedure Code (APC) as one of the most significant issues in Bulgarian administrative law and procedure. It analyzes the legal nature of the tacit refusal, its regulatory framework, and its impact on citizens' rights. The main issues include a lack of clarity and legal certainty, limited access to justice, and difficulties in judicial review. The study proposes specific reforms, including the introduction of tacit consent, mandatory deadlines for administrative decisions, sanctions for administrative inertia, digitalization of administrative processes, and enhancement of employee qualifications. The aim of these measures is to improve administrative efficiency and strengthen public trust in the rule of law.Item RIGHT OF APPEAL WHEN CHALLENGING INDIVIDUAL AND GENERAL ADMINISTRATIVE ACTS UNDER ADMINISTRATIVE ORDER(Plovdiv University Press, 2026-01-14) Topuzova, MartinaThe article examines the right of appeal when challenging individual and general administrative acts under administrative procedure, theoretically addressing what constitutes the review of the act, regulated by the APC, i.e. the right of appeal, and examining controversial case law regarding what the right of appeal actually is.Item IMPLEMENTATION OF THE SETTLEMENT AGREEMENT UNDER THE ADMINISTRATIVE OFFENCES AND PENALTIES ACT(Plovdiv University Press, 2026-01-14) Petrova, IliyanaThe present development aims to systematize and present the application and some of the features of the agreement under the Law on Administrative Offenses and Penalties (ZANN). It will clarify the validity of the agreement, under what circumstances its conclusion is admissible and which persons can benefit from it to end the administrative criminal proceedings. A newly introduced institution, which aims to ease the work of the administration and the courts, and in relation to those who committed a violation, to motivate them to recognize the violation committed against the established order and to end the proceedings with an agreement between the parties.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 EUROPEAN ADMINISTRATIVE LAW(Plovdiv University Press, 2026-01-14) Marinova, DariaEuropean Administrative Law is an independent branch of the European Union (EU) legal system that has emerged from the interaction between the national administrative legal systems of the Member States and the legal framework established by the EU institutions. It encompasses the rules, principles, and procedures that regulate public administration at the European level and ensure the application of EU law within national legal systems. It governs the relationships between natural and legal persons, national authorities, and EU institutions. European Administrative Law is based on EU legislation, case law, and established general principles. Its primary objectives are effective governance, the protection of citizens' rights, and the enforcement of the rule of law within the Union.Item RIGHT OF DEFENCE – PLACE AND MANIFESTATION IN THE ADMINISTRATIVE PROCESS(Plovdiv University Press, 2026-01-14) Uzunova, GerganaThe right of defence is a fundamental human right. It is widely used in the law of the European Union, and is regulated in Art. 6 of the European Convention on Human Rights and Fundamental Freedoms, where the term “the right to a fair trial” is used as a synonym for it. At national level, the right of defence is enshrined in Art. 56 of the Constitution of the Republic of Bulgaria as a fundamental right of every citizen in connection with violated or threatened rights or legitimate interests. As for the right of defence in administrative proceedings, however, the latter is not expressly provided for as an independent principle in the APC, although its elements are expressed in a number of legal norms of the Code.Item THE SYNERGY OF INTERNATIONAL LAW AND NATIONAL LAW IN THE SEARCH FOR JUSTICE(Plovdiv University Press, 2026-01-14) Tomova, RayaThe essay examines the interaction between international and national law as a mechanism for achieving justice through the synergy between global legal standards and local legal systems. International law provides universal principles, while national legal systems adapt them to their context. Ultimately, harmonization between the two legal systems promotes effective cooperation between states, institutions and international organizations, contributing to the sustainable development of the legal system and justice.Item LAW AS THE PURSUIT OF JUSTICE(Plovdiv University Press, 2026-01-14) Arslan, KadirThe essay examines the relationship between law and justice, emphasizing that although they have different definitions – law as a system of rules and justice as a moral principle – they are related. The questions presented are whether law is always just or whether justice needs law. It is concluded that without their mutual relationship, neither law nor justice can fully play their role in society.Item LAW AS A WEAPON OF JUSTICE: CAN LAW CHANGE SOCIETY?(Plovdiv University Press, 2026-01-14) Ahmedova, TyulayThe essay explores how law can serve as a means to achieve social justice. It presents its historical role in eliminating social inequalities and examines contemporary challenges such as unequal access to justice and discriminatory laws. The need for evolving legislation that reflects the moral values of society is emphasized.Item JUSTICE IN LAW AND LAW IN JUSTICE(Plovdiv University Press, 2026-01-14) Chalakov, IliaJustice and law are both two of the most discussed in society and also interconnected concepts in the world. Throughout the exposition of this essay general attention has been paid to these two natures of them. There have been examined author’s thoughts and points of view about his own understanding of these concepts on one hand in a merely theoretical aspect – like an experience for clarifying their basic nature and where in historic and everyday life plan they derive the meaning they hold from, and on the other hand – what is the reason, responsible for gathering them and making so that they could develop in the course of formation of the societies and the order implemented in them as two almost inseparable moral and law categories as well. A very special attention has been paid to the essence of justice and law in their presence as measures for prosperity and well-being of the society. This way has been reached the notion that the bond that keeps them tight have to be really strong. Otherwise the risk of losing their meaning and power is particularly high.Item JUSTICE TRAPPED BY THE LAW: BETWEEN IDEAL AND REALITY(Plovdiv University Press, 2026-01-14) Dachovska, LiliaThe text defines the two concepts of “law” and “justice” and reveals the depths of their dimensions. How these two concepts complement each other, yet also negate each other. The relationship between them is complex and contradictory and brings out the idea that one does not always succeed in satisfying the other. Clashes between reality and the ideal are inevitable and the good of society often becomes their victim. The search for harmony between them continues but remains impossible because it is burdened by human contradictions and errors.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 IS THE PRODUCTION IN THE CASE SUBJECT TO SUSPENSION DUE TO A REQUEST MADE IN ACCORDANCE WITH ARTICLE 628? CRIMINAL PROCEDURE CODE PRELIMINARY QUESTION FROM ANOTHER COURT(Plovdiv University Press, 2026-01-14) Parparova, DiyanaThe present work examines a frequently encountered hypothesis, namely whether proceedings are subject to suspension where a preliminary reference has been made to the Court of Justice of the European Union by another national court, which would be determinative for the outcome of the case. The paper analyses divergent judicial practice regarding whether the court is obliged to stay the proceedings and on what legal basis such a stay may be ordered, while also presenting certain considerations of the author. The possibility of appealing the judicial act by which the court orders the suspension of the proceedings in the examined hypothesis is also discussed. A proposal is made for amending the relevant legal provision with a view to ensuring uniformity in judicial practice.Item THE RIGHT TO BE FORGOTTEN: A PATH TO TRUE REHABILITATION IN THE DIGITAL ERA(Plovdiv University Press, 2026-01-14) Pushkarova, IlinaThe article analyzes the legal institutions of the “right to be forgotten,” “rehabilitation,” “the right to privacy,” and “the right of access to information.” It examines their application in the practice of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR), focusing on the conflict between the right to be forgotten and the right of access to information. The paper also explores the differences between national legislation and European human rights standards, proposing amendments to both legislation and practice.