The article is devoted to the origin of the two-tier jurisdiction in ancient Rome, perceived as the beginning of a two-instance proceeding. The subject in its complexity represents for the author a starting point for reflections on the relationship between imperial power, the extra ordinem process and the means of appeal in the first century of the empire. The finding that Augustus and his successors, diligently involved in the administration of justice, did not legislate the new procedure is a major historical and reconstructive anomaly that has provoked the present study. The analysis of the texts by Suetonius and Dion Cassius leads to the author's thesis that the concept of appeal, accepted by the doctrine as "a means against a formally valid decision" to this historically, is not yet fully clarified.

This definition might in fact be relevant where the institute is considered in its most mature phase, coinciding with the age of the North and with the scientific work of lawyers commenting on it in their libri de appellationibus. However, it seems unsatisfactory for the origin and the first manifestations of the institute, where "appellare" is an uncertain connotation, although at the beginning of the construction of the institute the final character of the decision of the emperor, passed on the dispute as a result of the appeal.

In an attempt to reconstruct the phase of the birth of the institute, the article shows how the power of the emperor to administer justice at second instance has a strong political coloration, while the technical-procedural characteristics of the appeal are diluted because the procedural prerequisites are not yet ripe. to configure absolutely clearly such a power. The author's impression is that this is a definite in the sources as a "procedural" innovation, which is uncertain in nature, as it is politically linked to exercised by a new body - the princeps, whose constitutional figure was it itself in the process of formation and was determined as a result of the specific factual situation.

The difficult political conditions in which the emperors of the Julius-Claudius dynasty found themselves, as well as the mental instability of some of them, the presence of a senatorial elite with undiminished influence precisely because of the weakness of the emperors, definitely hindered a comprehensive procedural reform. it could also cover the means of appeal. In this situation, the appeal appeared as a "secret agent" in a political conflict, whose main actors were the emperor and the Senate.

With the appeal, Augustus carried out a real revolution in the civil process in the field of his political and constitutional reform, bringing to the fore a new concept of the finality of the decision in the court dispute. Thus, the appeal becomes an effective tool to start the complex operation of "isolating" the formulary process and achieving two consistent and overlapping goals. On the one hand, the princeps laid the foundations for a progressive overflow of the pre-existing administration of justice, which was destined to gradually pass into the hands of imperial officials, and the transformation of the administration of justice into an area of ​​intervention and political control of indisputable importance. . Secondly, he has the opportunity to introduce himself in the first person in the implementation of the process with the weight of his decision, which no one can take into account. With the appeal, Augustus closed the circle of his judicial policy, laying in an indisputable and clear way the foundations of what an economist would define as "long-term programming": the exercise of judicial power by the emperor.

Keywords: Appeal, Augustus, Senate, Cognitio extra ordinem, Julius Claudius dynasty, Dion Cassius, Suetonius

 In the sphere of the Roman civil process, some constitutions of Emperor Constantine (CTh. 2,18,1; CTh. 2,26,1; CTh. 11,39,1; CTh. 9,19,2) testify to the establishment of an orientation. , on the basis of which the task of the judge is to establish the truth, regardless of the requests of the parties in the process and the evidence presented by them. This is a significant novelty compared to the formulary process, in which the judge's decision is strictly bound by the formula drawn up by the praetor and adopted by the parties.

Keywords: civil proceedings, late antique cognitio extra ordinem, powers of the judge, truth-seeking

Many fires were known in Rome at the beginning of the imperial period - some with serious consequences. In fact, it was not about unfounded fears. Fires posed a constant threat to public safety, and even the development and upgrading of the city during the August era did not reduce the frequency and severity of the problem. The rapid population growth of the capital and the subsequent need for new housing are the reason for the construction of many vertical buildings, which became more and more thanks to the impetus of financial speculation, which led their builders and owners. These huge buildings with numerous floors, typical of intensive construction during the imperial period, became a constant source of trouble. But in 6 years, when multiple fires destroyed different neighborhoods of the city on the same day, it became clear that the measures taken were inadequate and that saving the city from fires required the work of specialized personnel, equipped with convenient means and acting under the expert guidance of a good boss. The solution was to create a corps of vigiles, organized as a military structure, consisting of 7,000 men, all liberated, divided into 7 cohorts, each of which was to monitor two neighboring areas. At the head of each cohort was placed a rostrum, which was chosen from the centurions of the legions, most often primipilares, while the high command of the corps was entrusted to an ad hoc officer, who was nominated by the emperor himself and was called praefectus vigilum. For the command of the corps of the vigils was appointed directly by the emperor53, as already mentioned, a praefectus vigilum. It is not very easy to fully restore its functions, which increased accordingly from the beginning of the Principle to the end of the third century. In fact, we are well enough informed about the duties and powers of this civil servant in the time of the North, as the Digests provide us with a considerable number of testimonies (5 fragments, one long enough for Paul's liber singularis de officio praefecti vigilum, and one with the same name liber singularis - by Ulpian.Forer jurisdiction relating to civil and administrative disputes has certainly been recognized to praefectus vigilum in an unusual way, and only for a limited number of disputing parties, only at the end of the period in question. As regards the reorganization of the professional colleges of Alexander the Great, this reorganization, we learn from the Historia Augusta, required the appointment for each individual panel of a judge competent to know the disputes concerning it.

Keywords: keywords - fire, praefectus vigilum, furtum, insula, August, Alexander the Great, iurisdictio

At the center of the article is the iustitium, which examines the most important aspects and in particular the prerequisites that justify its application, the legitimate bodies for its proclamation and the effects arising from the issuance of the provision. Apart from the fact that this would result in the repeal of existing law, as in the case of Ausnahmezustand the thesis was considered, according to which he determined the temporary abolition of public activities unnecessary to meet the crisis in which he placed the rule of law, including the judicial function in the field. of private law and also of private transactions.

Keywords: iustitium and its effects, competent authorities, prerequisites, dilectus, decretum tumultus, luctus publicus

Examining historically and comparatively the Roman legal experience in the field of civil and administrative responsibility of the persons involved in the public administration, the most expressive texts are surprisingly not for the central, but for the municipal administration, ie. for the lower level of government of the cities (municipalities, colonies or municipalities) in which the position of the magistrate (and in particular that of the duumvir) is distinguished. The preconditions on which the responsibility of this employee is based and the ways for its implementation are standardized and can be derived from the municipal statutes, dating for the period from the 1st century BC. to the first century AD, as well as from some texts from the Digests of Justinian, the regime in the second and third centuries. public administration and the formation of the legal framework of responsibility in public law - starting with the process of bureaucratization, which began in August and ended with the system of civil service in the Late Empire.

Keywords: Roman law, municipia, colonia, civitates, magistrate, civil liability, administrative liability

From the point of view of the reconstruction of the role and powers of the judge in connection with the investigation phase of the extra ordinem process, the article aims to individualize the limits of discretion and possibilities for judicial intervention in gathering evidence and useful tools for forming his conviction. At this level, the primary tendency of the legislation during the empire, already confirmed in Hadrian's time, to provide the judge with simple indicative criteria according to which he should direct his own activity, was replaced in the Constantine period by the direction of establishing specific rules of justice, among which unus testis nullus testis acquires special significance, no longer considered as a simple criterion of reliability, according to which to evaluate the testimony, but as a real criterion for admissibility.

Keywords: Roman law, cognitio extra ordinem, fact-based justice, testimony

The jurists of the Revolution, and more precisely the French of the eighteenth century, in search of the institutions of democracy, found them in the institutions of Roman res publica. The lawyers of the Restoration, and especially those of the nineteenth century in Germany, sought to limit the institutions of democracy by erasing the memory of Roman res publica. The task of recalling the institutions of the Roman Roman res publica, unfulfilled by twentieth-century jurists, is the main occupation of novelists today.

Keywords: city-state, citizens, constitution, democracy, federation, government, empire, law, people.

The process by which Jesus Christ was sentenced to death is characterized by a series of unanswered questions that lead to a Great Mystery. The study, which is both historical and legal, provides a detailed panorama of all phases of the trial and the decision to convict - both before the Sanhedrin and before the Roman prosecutor Pontius Pilate. The condemnation of Christ is in a shameful criminal trial - the most unjust of all time.

Keywords: Christ, trial, Ius gladii, judgment, Gospels

The article reviews and analyzes the most characteristic features of the Iurisdictio Irnitana, the traditional concepts in the administration of justice and in particular the attention of the competent authorities (duunviri, aediles, praefectus, the municipal council and decuriones). The different possibilities of the parties to obtain protection in different courts and the special significance of Flavia Muncipalis Lex in this regard are presented.

Keywords: Iurisdictio, lex Irnitana, Lex Flavia, adversarii, municipium, magistratus, duunviri, praefectus

The article examines the Roman legal concept of taxes, their determination by qualification and objective assessment of the solvency of taxpayers, as well as the Roman legal principles of tax justice - equality, proportionality, etc., on which modern tax law is based. Through this dogmatic and historical study, the Roman legal basis of modern tax law can be determined.

Keywords: Fiscal regime, Fiscal ethics, Fiscal principles, Qualification, Tax, Tax assessment, Exemption from taxes, Indirect taxes

This study is an analysis of the terminology used in Roman legal sources, in particular in Justinian's compilation, to describe the court costs that the disputing parties must pay in the Roman civil proceedings.

Keywords: Roman civil proceedings, court costs, legal sources, terminology, Justinian compilation,

The doctrine has discussed some controversial aspects related to the so-called Roman group claims (actiones Populares), in particular as to which claims are considered as such and what their legal nature is. The most notable theories are those of Bruns and Fadda, revised by Casavola almost half a century later, who examined their clash and the opinions of several other authors. Some of Casavola's conclusions have been severely criticized by Zimsheuser.

In the Digests (Paul 8 ed ad, D. 47, 23 1) these claims are defined as follows: "eam popularem actionem dicimus, quae suum ius populi tuetur." (We call a group claim that protects the rights of the people).

Keywords: Actiones populares, legal protection of monuments, August, imperial policy and ideology, urban program of August

The invasion of Christianity in Roman society gave rise to an inevitable process of adaptation of the two realities coexisting in a common cultural and political space. Despite the initial misunderstanding between the two, which crystallized in the emergence of groups that foresaw the coming of God (parousia) and in periodic sharp reactions of violence against this strange group of followers of a convicted Galilean, both were forced to gradually adapt and learn to coexist in a common living space. Gradually, Christians of all social, geographical, and religious backgrounds must realize their identity and, over time, build their internal organization, designed to respond not only to the needs of this primitive religious society within the gigantic structure. of the Empire, but also of a number of circumstances faced by their evolution as a special human group, with a clear mission - the proclamation of the Gospel, and with many specific sources from which they can not be separated.

One of the organizational needs of the new community in this context is justice. Such is already built in the world of the Romans, but it is absolutely foreign to the gospel principles from which every action of the Christian must be guided. Thus began the difficult task of building an organizational system capable of meeting the needs of the community and the mission received by Christ. Initially, this task must be carried out in parallel with the empire, and later - under its auspices. However, this does not mean abandoning the obedience due to the established political power. Rather, it is a complex combination of subordination to the authorities and the application ad intra of a right, respectively to the believers as saved, undoubtedly based on the Gospel. It is clear that when the two views clash, there must be a predominance of faith, but the aspiration must be as far as possible to combine the two.

This work aims to show the relations maintained by the ecclesiastical power in the process of development of this temporary power from its exit from illegality to the fall of the Empire and the beginning of the Middle Ages. We must be aware that concepts such as potestas, iurisdictio o auctoritas are still in their infancy, not only for the Provisional Authority, which to some extent preserves the legacy of the Empire, but also for the Church, which has just emerged from illegality, and must coexist with a power that begins to be realized as such and becomes an adult.

Keywords: Iurisdictio episcopalis, Potestas directa, Potestas indirecta, auctoritas episcopalis, odnosi Imperio-Iglesia

This paper examines the choice of judges in a formal trial, comparing the realities of the Roman procedure with that provided for in the lex Irnitana, which sheds light on some hitherto little-known characteristics. As regards iudex unus and arbiter, on the one hand, the theses emphasizing the importance of the expression of the will and the free choice of the parties are confirmed, and on the other hand, the system of requesting removal of the judge from the plaintiff and defendant is clarified. disagreement. Lex Irnitana also considers the case in which one of the parties completely refuses to participate in the procedure for the selection of the judge and assigns the choice to the opposing party wishing to participate. According to the lex Irnitana, drawing lots applies only to the appointment of reciperatores.

Keywords: Formular process - selection of judges - lex Irnitana

The article, motivated by a famous passage by Pomponius, examines the magistracy  ius dicere  in the field of criminal justice in the first 50 years of the Roman Republic, individualizing its limits and content in the light of existing relations with the power of the National Assembly to impose the death penalty on centuries.

Keywords: ius dicere in criminal cases; provocatio ad populum; centuriate commissions; consuls

Examining the functioning of European civil justice reveals the principle of "proportionality", inspired by the requirements of expediency, necessity and adequacy, the foundation of equality between the protection of individual interests in the process and the protection of the efficiency of the judiciary. The origin of the cited principle is revealed initially in some institutes of Roman classical law, among which stands out cautio damni infecti, from which the regulation in the classical law is also studied in connection with other factual compositions, having as their object the future damage. In light of the existing relationship between ius civile и ius honorarium The problems related to the lack of guarantee of compliance with the agreement reached and the dynamics of "order / sanction" on which the remedy under investigation is based are also revealed: through it, praetorian law fully performs its own function, auxiliary to ausiliaria ius civile, но същевременно способно да гарантира на собственото си независимо съществуване –на базата на една различна техническа легитимация. Cautio damni infecti represents definitely a regime of connection between the normative systems, aiming to create tools uniform and functional, respecting to the greatest extent the civil basis.

Keywords: principle of proportionality, Cautio Damnum infectum, Ius civile, Ius honorarium, Consensus

This article focuses on the existence of a special clause called  arbitratus de restituendo,  в различните  actiones poenales of the formulary process in order to certify which function was performed through the possibility given to the defendant to compensate the plaintiff  ante sententiam  тъй като в най-голяма степен това преразпределение било още от ab antiquo признато за някои частни деликти.

Keywords: клауза, деликт, actio poenalis, arbitratus de restituendo, обезщетение

The article examines the relationship of Roman law to mental illness during the Principle, examining the role of physicians and medicine in Roman courts. The article examines the opinions expressed by doctors themselves about mental illness and takes into account the importance of medical knowledge in cases involving mentally ill persons in order to establish the scope of medical powers - e.g. in cases where violence has been committed or origin is disputed. In conclusion, the article seeks to explain the irrelevance of medicine in diagnosing mental illness, assuming that at that time society did not accept insanity as a health problem. Therefore, the legal definition of insanity at the time of the Principle was not related to medicine, but was rather socially significant.

Keywords: Roman law, mental illness, Principate, medical powers

The article is dedicated to the participation of  udices pedanei in the criminal proceedings of   cognitio extra ordinem. The author examines constitutions included in the Justinian Code: Diocletian's rescript in connection with document fraud considered in civil proceedings and a separate constitution on document fraud, reconstructed in the Basilicas, on the basis of which she accepts that these judges have incidental jurisdiction in criminal and in civil proceedings on these matters by virtue of a special delegation by the magistrates.

Keywords: udices pedanei, document fraud, perjury, criminal proceedings

In terms of proof, the Roman private law process offers a framework to which many of the concepts of modern procedural science that can be applied today can be applied. The magistrate and the judge, assisted if necessary by experts, must be well acquainted with the law applicable to each particular case. The proof usually concerns the facts, although it may also refer to the so-called "norms or practical principles" today, such as whether or not there was bad faith, whether the person acted with the care of a good landlord, and so on. In the following pages, we will look at the circumstantial evidence that a judge could use to form his or her conviction. Speakers considered them to be artificial evidence, and in the classical period they did not constitute real evidence, but rather a presumption or logical conviction of the judge in the course of the trial, which was why they were deprived of their own weight.

Keywords: процес, ordo iudiciorum privatorum, cognitio extraordinem, praesumptio iuris

The work examines Gentianus' inscription on the demarcation of the boundary (termini positi) between the two communities in Pelagonia, Macedonia, which could be a typical example of iurisdictio in a broader context. The inscription is analyzed, translated and interpreted through the prism of the sources of epigraphy and Roman law, within the legal situation for the regulation of territorial boundaries. The conclusions were obtained taking into account the importance of legal epigraphy and the need for an interdisciplinary approach in Roman law and classical philology, in order to obtain accurate data from the main sources of local communities for ancient history.

Keywords: legal epigraphy, inscription from Vitolishte, Gentianus Geneates

The study is devoted to the topic developed in Roman law, the civil liability of the judge, which has its significance today. The misconduct of iudex privatus is sanctioned by actio in factum in the classical period, while Justinian's lawyers accept that it is quasidelictum. In the article, by presenting the main authors who have analyzed the topic, as well as by exegesis of some fragments from the sources, an attempt is made to establish the content of the term "Litem suam facere", as well as its legal nature and development in Roman law.

Keywords: Litem suam facere, actio in factum, quasidelictum, iudex, civil liability

This article is devoted to the comparison between the jurisdiction of the Peregrine and the city praetor in the Republic of Rome. Particular attention is paid to the emergence of the formulaic process, the causes and preconditions that led to the evolution of Roman civil proceedings. In the third century BC, the magistracy of praetor peregrinus was established in Rome, giving it jurisdiction between foreigners as well as between foreigners and Roman citizens. From that moment on, a number of questions arose which were explored in this work, namely the exclusive competence of the two praetors and the question of the veto between the praetors. There is a need for a procedure other than that for civitas, and whose regulation should not be sought in the norms of ius civileto resolve a civil dispute by force of res judicata. There was a need for a new system that was not based on ius legitimum vetus (ancient legal law), and on imperium- of the magistrates, which allowed claims to be brought in court, which have no civil origin, but are aimed at protecting rights worthy of protection, regardless of the status of their holders. This need determined the emergence of a new judicial function, which differs from the first due to the fact that it is characterized by a modus agendi, which was outside the legal order of civitas. The clear difference between the two iurisdictiones is in fact a very convincing argument in favor of the hypothesis shared by many researchers that the formulaic process has its origins in the procedure between Romans and foreigners, which preceded Lex Aebutia.

Keywords: praetor urbanus, praetor peregrinus, intercessio, formula, Lex Aebutia

An article is devoted to the imperial constitutions in the Theodosius Code on the administration of justice to bishops in civil mattersCTh.1.27.1 и  CTh.1.27.2). The obligatory character of the episcopal jurisdiction in the constitution of Emperor Constantine I of 318 (CTh.1.27.1) and the authenticity of the text of this imperial act are substantiated. It is also analyzed that it was subsequently limited and turned into arbitration between disputing parties who agreed to have their dispute heard by the episcopal rather than the imperial court, as evidenced by the 408 constitution (CTh.1.27.2). The problems of appealing and implementing the episcopal decisions in the actions of the two imperial constitutions were discussed.

Keywords: Theodosius Code, episcopalis audientia, jurisdiction of the bishop in civil disputes, arbitration jurisdiction inter nolentes, binding jurisdiction inter volentes, Lex Christiana, appellatio.

The focus of the article is on the concept of justice - IUSTITIA - in Roman law. The development of the meaning and use of various Latin concepts related to the idea of justice is traced. The article examines texts from the Corpus Iuris Civilis relevant to the legal science of ancient Rome and the idea of justice.

Keywords: justice, Roman law, Corpus Iuris Civilis, legal science in ancient Rome

The article presents the historical preconditions for the procedure in the European Court of Justice on the basis of § 234 of the Treaty establishing the European Community (TEC), according to a regular judge from an EU member state can, and the supreme judge in the country is obliged to request for a preliminary ruling on the interpretation of European Union law. The purpose of this procedure is to ensure a uniform interpretation and application of European law in all Member States. The author considers it in the context of the continuation of the Roman legal tradition related to the imperial constitutions, as in modern procedural law in Europe, for example in France, there is talk of the "revival of the rescript". He considered it tempting to compare the rescription practice in ancient Rome with today's preliminary ruling procedure under § 234 TEC, since in both cases the uniform application of legal norms was and is the goal of any conscious legal policy. A comparison is also made with the era of European codifications (18th and 19th centuries) and some remarks on 'référé législatif' in the 18th and 19th centuries.

Keywords: European Court of Justice, Treaty establishing the European Community, preliminary ruling, imperial constitutions, rescript

Changes in the circumstances that have occurred after the conclusion of a contract may make the performance of that contract much more burdensome for the debtor. There are radically different approaches in civil and common law as to whether the debtor can be released from the obligation or, as in the case of the general principles of contract law, renegotiate the terms.

In civil law, the question of the change of circumstances and its impact on the undertaking has crystallized around the doctrine of clausula rebus sic stantibus, which was originally understood as a tacit clause. In Common Law, the changed circumstances do not affect the performance of the obligation, unless they would lead to non-performance of the contract.

This article presents the historical roots of the two approaches and shows the main differences between them.

Keywords: clausula rebus sic stantibus, default, changed circumstances, civil law, common law

The article analyzes the sentence actio aquae pluviae arcendae non in rem sed personalis est, contained in a text by Ulpian, belonging to title 39.3 of the Digests. The choice of words is analyzed from two points of view, taking into account the suspicions of interpolation: the first refers to real cases, focusing on real situations described by the lawyer, and the second is palingenic, which helps to better understand the logical steps that lead to the definition and characteristics of the claim itself. The article provides a quick overview of the so-called propter rem obligation in the context of modern Italian law. The article ends with a reference to the past, ie the reconstruction of Pottie, in accordance with the principles of personality and ambulatory claim. Finally, the idea is confirmed, according to which one's own conceptions of legal science cannot claim to be valid in time and place.

Keywords: actio aquae pluviae arcendae, obligatio propter rem, palingenesis, co-owner, Italian law

From the age of codifications we have evidence of the existence of the institute of prohibition for reformatio in peius, but they are mainly from criminal procedural law. This, of course, is not an obstacle for my article to be devoted to this topic, especially in the field of civil proceedings.

In the last 60 years, this institute has undergone a certain evolution in our procedural legislation. For its part, the institute of cross-appeal was introduced only in 2007 with the adoption of the current Civil Procedure Code.

The subject of this article is the content, purpose and scope of the ban on reformatio in peius, as well as the cross-appeal, considered through the prism of the principles of civil procedure, and their interrelation.

The danger of aggravating one's own situation by lodging an appeal against an invalid judgment is a psychological deterrent and could motivate the parties not to appeal against the judgment. Therefore, according to some authors, in the appeal of court decisions and their review proceedings a ban on reformatio in peius. But, from another point of view, the absence of any risk of appeal could also lead, and probably leads in practice, to an appeal against a decision even when the party is convinced of the unfairness of its claims and its correctness, because in the presence of a ban за reformatio in peius can't lose anything.

It is justified, including with examples from the theory and practice of the Supreme Court of Cassation, the conclusion that the violation of the rule for reformatio in peius in the presence of the preconditions for its application it would lead to the issuance of an inadmissible decision, because ne eat iudex ultra petita partium, i.e. the dispositive principle would be violated. The reasonable correction of the negatives that the ban on reformatio in peius could bring is the possibility of a cross-appeal.

The article examines the appeal of the order of the court of first instance for return of the filed application for annulment with a private appeal, according to art. 306, para. 3 of the Civil Procedure Code.

Keywords: appeal, CPC, court of first instance;

In the article the authors analyze the main act that regulates the question: the European Convention on the International Recognition of Sentences, which was ratified by the Republic of Bulgaria with a law of 1.28.2004, adopted with the idea to develop uniform rules for three issues: bis in idem ', on the recognition and enforcement of foreign judgments and on the taking into account of criminal judgments given in the member States of the Council of Europe.

Bulgaria has set these conditions, as art. 8, para. 1 of the Criminal Code - "An effective sentence passed in another Member State of the European Union for an act constituting a crime under the Bulgarian Penal Code shall be taken into account in any criminal proceedings against the same person in the Republic of Bulgaria" and thus the principle of equivalence of convictions in the member states of the Council of Europe for the conviction of the accused in new criminal proceedings was introduced.

With a view to the adoption within the European Union of Council Framework Decision 2008/675 / JHA of 24.07.2008 on taking into account convictions in Member States of the European Union in the course of newly instituted criminal proceedings, the authors trace the path of transposition by the Bulgarian state through the rule of art. 8, para 2 of the Penal Code, in force since 05.27.2011, according to which - “A sentence entered into force, issued in another Member State of the European Union, for an act that constitutes a crime under the Bulgarian Penal Code shall be taken into account in any criminal proceedings conducted against the same person in the Republic of Bulgaria. ".

The article consistently examines the factual prerequisites for reporting other people's beliefs, the content of the term "takes into account" and the legal consequences of whether the sentence should be recognized in previous years, as well as the possibility of applying Art. 25 of the Criminal Code in respect of such a sentence. In this regard, the authors review the national case law and make recommendations for the uniform application of the law.

The practical focus of the article is on national law enforcement and is reflected in the section on proving the final conviction in national criminal proceedings, in which the authors analyze Council Framework Decision 2009/315 / JHA of 26 February 2009 on the organization and content of the exchange of information received from criminal records between Member States and Council Framework Decision 2009/316 / JHA of 6 April 2009 establishing the European Criminal Records Information System (ECRIS).

Keywords: European Convention on the International Recognition of Sentences, Criminal Procedure Law, European Union, Council of Europe

The subject of the article are some events in the Bulgarian medieval history from the second half of the ninth century. They give grounds to claim that the oldest Slavic state - Bulgaria, very early became part of the general history of Europe. These are the christening of the Bulgarians and the creation of the Law for the Trial of the People.

In order to meet the requirements that follow from the christening of the Bulgarians, we need the need to create a special legislative act. The short edition of the Law on the Trial of the People - the oldest Bulgarian and Slavic legal monument, which largely meets the imperatives imposed by the adoption of the Christian religion.

Keywords: baptism, Law of Judgment of the People, Byzantine Eclogue, Prince Boris I, Tsar Simeon.

The article presents part of the big problem of discretion in general. According to the author, discretion "est scrire per legem quid sit justum" - to know what is fair from the point of view of law. The reader can see the difference between the discretion of a civil judge and the same power of a criminal judge, as well as the difference between utilitarianism and retributivism.

Keywords: discretion, justice, utilitarianism and retributivism, civil proceedings, criminal proceedings

The article is devoted to the interception in historical and comparative legal aspect. The system in Ancient Rome (in classical and postclassical law), in France, Germany, England and the USA has been successively traced in general terms. The emergence and development of the institute of set-off in Bulgarian law is also presented.

Keywords: set-off, historical development, comparative law, Roman law, French law, German law, Anglo-American law, Bulgarian law

With the Amendments and Supplements to the Criminal Procedure Code, prom. SG, no. 42 of 09 June 2015, a change was made in the procedure for ruling on the remand measure in the court proceedings. An official ruling was introduced by the court when the defendant was found guilty, sentenced to imprisonment, the execution of which was not postponed under Art. 66 of the Penal Code and there is a real danger of absconding. This applies to the first and appellate instances. This amendment introduces a new content of the concept of "real danger" as a criterion for determining the remand measure.

The established new scheme gives an uncharacteristic role to the court and leads to a violation of basic principles in criminal proceedings and is contrary to European standards established by the ECHR and the case law of the European Court of Human Rights.

Keywords: Coercive measures, remand measures, first instance, appellate proceedings, real danger, enforcement of the sentence.

After analyzing the legal framework, as well as the specifics of the different types of definitions, it was concluded that, as a rule, this type of acts are not subject to annulment. Exceptionally, the annulment should be allowed in respect of the entered into force order for termination of the case due to waiver of a claim / or appeal - upon termination of the proceedings in the respective instance /, as well as due to the conclusion of a court settlement. Again, as an exception, it may be subject to revocation and determination under Art. 288 of the Civil Procedure Code, which does not allow cassation review, but only when the defect affects only him, not the effective decision.

Keywords: civil proceedings, claim proceedings, annulment, rulings

The article deals with issues related to the jurisdiction of the first instance administrative court as an instance on the merits in the proceedings challenging the revision acts. In summary of the study, it was concluded that as an instance on the merits of the dispute the administrative court may: annul the revision act in full, when the act does not meet simultaneously all the conditions for validity referred to in Art. 160, para 2 of TPSC, but is not null and void. This will form a revocable operative part of the court decision. With the second part of the operative part, the court, as an instance on the merits, will determine the type, grounds and amount of the tax or social security claim. In these cases the court, according to the rule of art. 160, para 5 of TPSC, may not amend the act to the detriment of the complainant; to partially annul the revision act in its materially illegal part. In this case, there is no ruling of the court on the merits of the dispute, and public receivables are individualized by the part of the revision act left in force; to amend the audit act, which implies a change in the legal basis or to reject the appeal, which will validate the transformation made with the audit act of declared facts and circumstances or will confirm the new tax objects introduced in relation to the addressee of the appealed act, as well as their amount.

Keywords: revision act, ex officio, instance on the merits, general clause, null and void revision act

The article seeks the historical roots of the institute of revocation of the renunciation of inheritance by the creditors of the heir, established both in Bulgarian civil law (Article 56 of the Inheritance Act) and in a number of other European legislations. An analysis of the system of inheritance in ancient Rome by different categories of heirs in different historical periods. On this basis, conclusions were drawn as to which categories of heirs were at all able to renounce an inheritance that could theoretically be attacked by their creditors. On the basis of the performed literary analysis the thesis is argued that the institute in question was not known to the Roman private law. The refusal of inheritance was not admissible to be attacked with Pavlov's claim. Roman law provided the means to protect the interests of the testator's creditors, but not the heirs' creditors. On the contrary, according to the Bulgarian legislation any refusal of inheritance can be attacked under the conditions of art. 56 of the Inheritance Act. The preconditions under which this cancellation can take place are briefly stated. It is concluded that the roots of this institute should be sought at a much later historical stage.

Keywords: acceptance of inheritance, renunciation of inheritance, revocation of renunciation of inheritance, creditors of the heir

International legal protection of social rights is not a separate branch of international law. It develops within two other branches - international legal protection of human rights and international labor law, which makes its theoretical research extremely difficult. The separation of the international legal protection of social rights as an independent subsystem within the overall system of public international law (even if only as a theoretical construction), including part of human rights and part of international labor law, would allow it to be studied as a relative an independent phenomenon in the international legal reality with its specific features and characteristics. .

Social rights are the so-called second generation of rights, which began to be recognized and protected a little later than civil and political rights. There are two stages in the development of the international legal protection of social rights both within the framework of the international legal protection of human rights and within the framework of the international labor law. The first stage is from the end of the 19th and the beginning of the 20th century until the Second World War, and the second stage is after the Second World War to the present day. In the first stage, it can be reasonably argued that protection is in its infancy, significantly narrower in scope and developed mainly within the framework of international labor law. The second stage marks the rise of international protection of social rights within both branches of international law. The main sources of this protection were then created universally.

On a regional European basis, international legal protection of social rights also developed after the Second World War. First of all, this protection is established by the acts of the Council of Europe, and subsequently the protection of social rights is established within the European Union in its primary and secondary law.

All sources of international protection of social rights are, in essence, international treaties containing international legal norms that establish a minimum content and scope of specific rights and freedoms. States that have once established these standards by harmonizing their wills and voluntarily bound themselves to them are subsequently obliged to comply with them for fear of realizing their international legal responsibility. They must take all necessary legislative and administrative measures to bring their legislation and practice into line with their international legal obligations under the relevant treaties.

Keywords: Social rights; International law; International legal protection

The article is devoted to the analysis of the judiciary as a state-supporting segment in the rule of law and democracy. Special attention is paid to the legal historical heritage of ancient Rome and its importance for the development of justice. In comparative law, the main legal-political paradigms of the structure of the judiciary and the legal-technical setting for its functioning in the rule of law of the XXI century are presented. The factors for increasing the efficiency of the judiciary are presented in an analytical plan. The imperative prerequisites and requirements for the functioning of an independent and effective judicial system are highlighted in a systematized form with a view to an adequate response to the problems and challenges of the modern legal reality.

Keywords: Ancient Rome, justice, judiciary, rule of law

After the Liberation, a judicial system was established in Bulgaria, in the organization and rules of operation of which the achievements of the European legislative practice and the legal science of the second half of the 19th century were combined with the Bulgarian legal traditions. In the ones created in 1878. Temporary rules for the organization of the judicial part in Bulgaria, along with the general, administrative, military and religious courts, the judicial system also includes the conciliation courts. Through them the tradition in the administration of justice by the bodies of the Bulgarian municipality continues, which was not interrupted during the period of the Ottoman rule.

Conciliation courts are set up in the villages to resolve minor civil disputes, which can end with an agreement and to sanction minor crimes. They are arbitral tribunals that rule by simple procedure, and their decisions are unappealable. The judges in them are non-professionals and are determined by choice of the population. The democratic way of forming these courts guarantees the possibility of control over their activity not only by the state, but also by the voters.

By regulating the activities of these judicial institutions, an opportunity is created for accessible and fast justice, close to the understandings and traditions of the Bulgarians, for the participation of the population in the process of justice, albeit at the lowest level. In their activity are expressed the ideas of the Bulgarians about justice and the legal concepts, characteristic for the national legal consciousness, as there is a continuity between the traditional common law order and the one created in Bulgaria after the Liberation.

Keywords: Provisional Russian rule, conciliation courts, European legislative practice

In this article, I consider the concept of "legal formalism", understood as a negative practice in law enforcement - "blind" observance of the law, respect for the "letter instead of the spirit", unjustified adherence to strict linguistic interpretation. After comparing different uses of the idea of ​​"formalism", I ask the question whether "automatic" subsumption within the legal syllogism is even possible. Based on the received negative answer, I try to find a more adequate way to describe the formalistic law enforcement through the concepts of positivist legal theory, considering in this context the importance of legal principles and discretion.

Keywords: formalism, legal positivism, law enforcement, legal principles, discretion, mechanistic jurisprudence.

The abuse of a right is a special legal mechanism that finds application both in the field of substantive law and in the field of procedural law. This article deals with this last aspect of it. It states that the abuse of procedural rights can be realized at all procedural stages - both in civil and criminal proceedings. The article distinguishes between abuse of procedural rights and other similar situations.

Keywords: abuse of law, procedural law, civil proceedings, criminal proceedings