Mladen Mladenov

The Institute Of Risk In Public Law In The Newest Bulgarian Legislation

Abstract

The newest Bulgarian legislation is one extremely dynamic system. Particularly strongly and clearly visible is the development in the area of Public Law. Evidently, the Risk appears itself as an integral part from the strategy, including State strategy. But the most serious manifestation from each State strategy is the legislative activity, because by definition the same creates the rules of behavior with respect to all legal subjects from now on.

This article analyses the Institute of Risk in the following Bulgarian laws: Law on Child Protection, Law on National Revenue Agency, Law on Financial Supervision Commission, Law on Combating Trafficking in Human Beings, Law on Consumers Protection, Law on Financial Management and Control in Public Sector, Law on Internal Audit on Public Sector, Law on Calamity Protection, Law on Medicinal Products in Human Medicine, Law on Public-Private Partnership, Law on Public Finances and Taxation and Social Security Procedure Code.

The conclusions from the legal organization of the institute of Risk in the newest Bulgarian legislation were made - extremely casuistic approach in most cases of referring to Risk, unjustified confidence of legal intuition of legal subjects in connection of concept of Risk, granting to authorities of discretion for determination of cases of Risk, and only in limited cases - presence of clear definition for Risk.

De lege ferenda the proposals for general normative act from statutory order in Republic of Bulgaria were made, which should done uniform to Bulgarian Public Law definition of Risk; in cases of special competence of public authorities, the lasts to be legally obligated to make in due time vocal the criteria for specific Risk in area of their competences; as well as at all legal texts, connected with the institute of Risk, to be obligatory to implement serious, profound and professional regulatory impact assessment - preliminary and subsequent.

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

Abstract

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.