Historical Transformations In Construction Of Obligatory Illegal Order In Bulgarian Legal System


This article analyses the legal Construction of Obligatory Illegal Order through the doctrinal legal publications in Bulgaria from 1933 till nowa-days. Similarly, the sufficient numbers of judicial decisions are examined in connection with the topic. As well the applicable normative acts in this matter are considered.

The problem of Obligatory Illegal Order lies in contradictory requirement by the legislator – to forbid its emission, but to demand its execution, even to ask punishment for its negligence. The article goes into formulation that the compulsoriness and the legality are legal properties, which are separate and independent from each other.

The expectation of the author is that the persons with interests at stake to be grounded in Construction of Obligatory Illegal Order, in its premises, elements, connection with other legal institutes, legal results and sequels for the different legal subjects.