Contemporary Law Journal was established in 1991. It is published by the Faculty of Law of Sofia University “St. Kliment Ohridski”, which is the oldest, the largest and constantly being awarded the highest accreditation ratings Law faculty in Bulgaria. It is printed and distributed by Sibi Publishing House -- the only Bulgarian publishing house specialised in legal literature. The Editorial Board members are prominent academics, promising younger specialists, legal practitioners. The international Editorial Board includes established academics from Germany, Portugal, Spain, the Republic of Northern Macedonia and Russia.
Is the provision of § 45, item 3 of the Law on amendment and supplement to the road traffic act, promulgated in the State Gazette, no. 64 of 2025, an unconstitutional one?
The provision of § 45, item 3 of the Law on Amendment and Supplement to the Road Traffic Act, promulgated in the State Gazette, No. 64 of 5.08.2025, introduces a ban on performing roadworthiness tests on road vehicles in the presence of outstanding fines or property sanctions. At the request of the Ombudsman of the Republic of Bulgaria, constitutional case No. 15/2025 was initiated to ascertain its unconstitutionality. This article presents arguments for the conclusion that the contested provision is contrary to the Constitution of the Republic of Bulgaria.
The article examines a question of legal development that the Supreme Court of Cassation is about to answer. It has been presented with a case involving a dispute over ownership of a 141-kilogram iron meteorite that fell on the territory of Bulgaria. Due to the exceptional nature of the case and the many questions that may arise, the legal regime of the meteorite is examined in three aspects according to its natural trajectory: (1) from outer space, (2) through Earth’s airspace, and (3) to the Earth’s surface. At the same time, due to the question widely admitted by the Supreme Court of Cassation concerning the methods of acquiring ownership of such an object that are generally permitted by law, a comparative legal analysis has been made, on the basis of which separate groups of possible solutions have been identified. On this basis, the extent to which such an approach is permissible under the norms and principles of Bulgarian property law has been examined.
Does article 48 of the Succession act establish a presumptive liability for heirs by law?
The paper argues against the common interpretation of Article 48 of the Succession Act, which suggests that heirs by law are responsible under Article 60 from the moment the succession opens until they accept or renounce the inheritance. It is reasonable to state that, under the current system, until the designated heir expresses their intent to accept the inheritance, it remains unclaimed, leaving the rights and obligations of the property uncertain.
Specific features of delivering judgments in criminal cases involving juvenile offenders
The article examines the specific features of delivering and pronouncing judgments in criminal cases involving juvenile offenders, in the context of Bulgarian criminal and criminal procedural law and the international standards of juvenile justice. It analyses the particular issues that the court must address when delivering the judgment – the assessment of the juvenile’s capacity to understand the nature and significance of the act and to control his or her conduct, the application of Article 61 of the Criminal Code (CC), as well as the mechanism under Article 78a (6) CC for releasing juveniles from criminal liability with the imposition of educational or administrative measures. The article identifies the internal inconsistency between Article 301 (1) (4) and Article 305 (5) of the Criminal Procedure Code (CPC) and argues for a de lege ferenda amendment to eliminate this discrepancy. It further examines the principles of individualisation of punishment and the priority of rehabilitative and re-socialising aims in relation to juvenile offenders. The second part addresses the tension between the requirement for closed court hearings in cases involving juveniles and the constitutive obligation to publicly pronounce the judgment, in light of Article 6 ECHR, the jurisprudence of the ECtHR, the Beijing Rules, and comparative legal models. The article advocates for the introduction of a more flexible regime of publicity that adequately protects the identity and best interests of the juvenile.
educational measures and administrative penalties
Method of recognition in the case law of European Court on Human Rights
The study examines the development of the recognition method in private international law as a complementary method of legal regulation – an alternative to the conflict of laws method. The case law of the European Court of Human Rights contributes to the establishment of the method of recognition. There is a judicial exchange and coherence between the ECHR and the Court of Justice of the EU. Subject to regulatory impact are the elements of personal status – name and gender of individuals, as well as established abroad family relationships – origin, marriage, adoption. Currently, there is no consensus among states on regulating the method of recognition in international sources of law. There is an initiative in EU law to recognize the origin of children evidenced in a foreign public act. The lack of legal regulation is not decisive given the existing obligations of states under EU primary law and under the European Convention for the Protection of Human Rights and Fundamental Freedoms to recognize family relationships and elements of personal legal personality that arose abroad. There is a trend towards creating a national regulation of the right of subjects of recognition, derived from the jurisprudence of the Court of Justice of the EU and the ECHR.
recognition of elements of personal status and family relations originating abroad
case law of European Court on Human Rights
Pre-contractual information obligations of the seller in sales contracts in business premises
The article examines the pre-contractual information obligations of the seller in sales contracts in business premises. It introduces the concept of pre-contractual information obligations of sellers, justifies the need to establish a legal framework for the information obligations of sellers in contracts with consumers, and analyzes the content and consequences of non-compliance with these obligations.
One hundred years since the adoption of the Law on Attorneys. The parliamentary debate on the draft Law on Attorneys
The article examines the course and distinctive features of the parliamentary debate surrounding the draft Law on Attorneys, characterized by its professional discourse and constructive tone. Particular attention is devoted to the approach and determination demonstrated by Minister Tsv. Boboshevski, the rapporteur Dr. Al. Staliyski, and the presiding chairman Dr. B. Vazov to defend specific provisions and to preserve the spirit and fundamental principles enshrined in the draft, with the argument that these were conceived by, or enjoyed the support of, the legal community. The study foregrounds the principal issues that captured the deputies’ attention and provoked lively controversy and debate. Among these were: the right of lawyer – members of parliament to continue the practice of their profession during parliamentary sessions; the required duration of the internship for candidate attorneys; the legislative recognition of women jurists’ demands to be admitted to the legal profession; the provision stipulating that only attorneys with a minimum of five years of practice may appear before the Supreme Court of Cassation; the permissible age for members of the Bar Council to hold office; and the question of whether acts committed by an individual prior to admission to the bar may be subject to limitation. The author emphasizes the categorical rejection of claims suggesting that a lawyer-deputy could exert undue influence upon the judiciary, as well as the firm and reasoned defense of the reputation and authority of the Bulgarian legal profession. The analysis supports the conclusion that the adoption of the Law on Attorneys in 1925 represented an undisputed professional and societal achievement for the Union of Bulgarian Attorneys – an accomplishment comparable to its struggle against the legislation of the Agrarian government and its steadfast defense of the economic and social interests of attorneys in the subsequent years. The new law established the legal profession upon its natural foundations and marked the beginning of its development as a valuable and dignified auxiliary to the administration of justice and as a significant actor
On the need for conscious positioning in legal theory
This article examines the significance of various legal-theoretical schools for research across different branches of law. The author emphasizes that, in contemporary Bulgarian legal doctrine, methodological issues are often overlooked or regarded as the exclusive domain of general legal theory and the philosophy of law. The article argues that this perspective is mistaken and illustrates how different schools of legal thought offer distinct approaches to the interpretation and application of law within specific legal fields. In this context, examples from financial, banking, and criminal law are discussed, highlighting the role of a methodological framework as a guarantor of the scientific verifiability of legal reasoning and conclusions. The article concludes by stressing that its aim is not to evaluate research within specific branches of law, but rather to encourage scholars to reflect on the fundamental question of how they understand the law and approach it in their research.
Method of recognition in the case law of CJEU – evolution and perspectives
The article examines the development of the method of recognition in Private International Law as a complementary method of legal regulation – an alternative to the conflict of laws method. The case law of the Court of Justice of the European Union has significantly contributed to the establishment of the method of recognition. The subject of regulatory influence are the elements of personal status – name and gender of individuals, as well as existing family relationships – origin, marriage, adoption. The method of recognition ensures continuity in the legal identity of individuals and legal certainty when travelling between member states when exercising freedom of movement and establishment in the EU. Its legal basis is the fundamental freedoms in the founding treaties, the protection of fundamental rights in the Charter of Fundamental Rights of the EU and the European Convention on Human Rights.
The interpretation of Article 4, paragraph 3 of the Constitution in the practice of the Constitutional Court
The provision of Article 4 (3) of the Constitution stipulates that the Republic of Bulgaria participates in the construction and development of the European Union. The Constitutional Court finds that this provision has rich interpretative potential and defines it as one of the fundamental principles in the core values of the Bulgarian constitutional order. Namely, the provision forms the constitutional basis for the accession and full membership of the Republic of Bulgaria to the EU and introduces the European dimension into the activities of the state. By expressing a commitment of constitutional rank for the participation of the Republic of Bulgaria in both the construction and the development of the EU, it creates a legal basis for the integration and application of Union law in the national legal system and commitment to the legal achievements of the Union, with all the consequences there of, including compliance with all obligations arising from its legally binding acts, without prescribing its relationship with the national legal order.
Does a claim under Article 108 of the Property Act brought by one of the co-owners suspend the statute of limitations for the acquisition of the other’s right to the ownership of the common property?
The article deals with the issue of the effect of a repossession claim (Art. 108 of the Property Act) filed by a co-owner against a third party with regard to the running of the statute of limitations in favor of the third party for the co-owned property. At the present time, the practice of the Supreme Court of Cassation is consistent and inconsistent in its view that when a co-owner brings an action under Article 108 of the Property Act against a third party, the statute of limitations running in favor of the defendant is suspended and accordingly interrupted solely and exclusively in respect of the ideal part of the ownership of the common property belonging to the claimant. It is thus entirely possible that, during the pendency of the proceedings or even after the conclusion of the proceedings, before the taking of possession has taken place, the third party may acquire by prescription all of the ideal parts which are alien to the claimant and that co-ownership may thus arise between the two main and opposing parties to the proceedings. The author’s thesis is that this case-law is unacceptable and that in such a situation the limitation period is suspended and, accordingly, interrupted in respect of the entire co-ownership of the property. The arguments put forward are grouped into three points and stem from: (1) the possibility for each co-owner to bring an action under Article 108 of Property Act to obtain the de facto authority over the entire property; (2) the nature of co-ownership as a legal institution; and (3) the nature of the restitution action.
This two-part study aims to dispel doubts and demonstrate that crypto assets are regulated in the EU, including in the Republic of Bulgaria as a Member State. To this end, it examines key EU legislative initiatives addressing systemically important activities, services, and entities in the crypto ecosystem. The legal regime for crypto assets under review places the EU in the position of a global leader for the introduction of a comprehensive legal framework for crypto assets that is consistent with global standards and best practices.
Public policy as a ground for ex officio application of European union law
Public policy is a concept that has different meanings depending on the context in which it is used. What they have in common is that it always expresses certain fundamental principles of a given legal order, respect for which must be guaranteed by the courts at all costs. The European Union has developed its own public policy, the components of which do not entirely overlap with the public policy of the Member States. The Court of Justice and the General Court are responsible for observing of their own motion the formal legality of the acts challenged before them, as well as the absolute procedural conditions for the admissibility of actions that are considered to be a matter of public policy of the European Union. As regards national courts, the concept of public policy is used in the case-law of the Court of Justice in two ways. First, the Court of Justice establishes that a certain provision of Union law falls within public policy and links this to the need for its application by the national courts of their own motion. Such nature is recognized for Articles 101 and 102 TFEU. In other cases, the Court places public policy in the context of national law, referring to the principle of equivalence and on this basis requires the relevant provisions to be applied ex officio. In this case, the national legal understanding of public policy and the procedural regime provided therein for provisions of this rank remain the main factors.
What is new in the new Directive (EU) 2024/2853 on product liability?
Almost 40 years after the adoption of the Directive on defective products, the European legislator has made significant, and not just cosmetic, changes to the matter, which lead to the adoption of a completely new directive in 2024. In the article a parallel is drawn with the 1985 Directive, which, although laid the foundation for the protection of defective products on the grounds of strict liability, had several shortcomings, most of which have been overcome by the new European Union act. The article outlines the main changes in the regime of liability for defective products, regarding the understanding of a product and who is the liable person, how the defect is proven, what are the grounds for exemption from liability and what is the period within which liability is incurred. The new rules consider the fact that in recent decades the nature of products has changed dramatically, with digital and artificial intelligence-based goods becoming commonplace, and the distribution chain becoming even more complicated. The increasing use of software, even in simple goods, also creates a serious challenge for the injured party to prove the presence of a defect and a causal link between it and the damage, which is why rules for the disclosure of information by the defendant have been established, as well as rebuttable presumptions.
Termination and rescission of ususfructus over a real estate in case of non-fulfillment of user’s obligations
The article deals with particular issues related of the termination and the rescission of a contract with subject the right of use over real estate in case of non-fulfillment of the obligations of the user. The claim for termination of the right of use under Art. 61 of the Property Act is applicable only when the user fails to fulfill the essential obligations specified in the Property Act. In case of non-fulfillment of other obligations of the user arising under the contract, the owner may rescind the contract under Art. 87, para. 3 of the Obligations and Contracts Act.
A new writing in the field of international legal cooperation in criminal cases
Рецензия нa книгaтa нa npoф. д. ю. н. Антoн Fиpгинoв Outgoing Requests by Bosnia and Herzegovina for International Judicial Cooperation in Criminal Matters, Capaевo, 2016, 161 c.
New legal definitions in the matter of reuse of public sector information
This paper provides an overview of the new definitions in the matter of reuse of public sector information, which were introduced in the 2015 Law on Public Information. These definitions have occurred as a consequence of the European legislation and, particularly, Directive 2013/37/EU on the reuse of public sector information. This paper underlines the importance of the new legal definitions and proposes a modern interpretation thereof.
A new textbook of general theory of law by prof. Daniel Valchev
Критика и научен живот
Do the crimes under arts. 255, 255a and 256 of the criminal code, respectively arts. 255
In its Interpretative Judgment No. 4/2015, the General Assembly of the Penal Chamber of the Supreme Court of Cassation defines the crimes under Arts. 255, 255a and 256 of the Criminal Code, respectively Arts. 255–257 of the Criminal Code, as illegal acts in terms of Art. 45 of the Law on Obligations and Contracts. The judicial practice of the Civil Chamber of the Supreme Court of Cassation in this matter is contradictory. The problem boils down to differentiating between the essence of civil legal responsibility and the responsibility for non-fulfilment of public law obligations, the latter being regulated by the respective public law acts. The confusion between these two types of responsibility may cause a lot of difficulties and controversies. The institute of tort is deemed to defend absolute civil rights belonging to other individuals. If the standpoint adopted by the Supreme Court of Cassation is shared, it is possible for the state to collect one and the same amount twice, which contravenes the main principles in law. In relation to this, it is worth distinguishing between the nature of the obligation to pay taxes and the respective civil claim's admissibility and fumus boni iuris. This article is not a comprehensive one; it just aims at initiating a discussion on the problem posed, so that the said discussion leads to abandoning the civil law interpretation demonstrated in the Interpretative Judgment No. 4/2015 of the General Assembly of the Penal Chamber of the Supreme Court of Cassation.
Doctrinal dialogues in Thomas Osterkamp’s concept of legal justice
The protection of the confidentiality of journalistic sources is an important part of the freedom of speech, a basic prerequisite for the existence of civil society and a condition for the democracy in a state. The international standards in this field lay down clear parameters of the protection of sources. Nevertheless, it is necessary to have a detailed regulation of these social relations at the national level for the purpose of guaranteeing the rights and the legal interests of the journalists and the sources, as well as the public interest. This can be realized through a well-developed regulatory framework, which provides for protection of the confidentiality of sources and sets out the limits of this protection. That is the only way for the press and especially for the investigative journalism to be able to play the role of a social guardian.This article constitutes an attempt at presenting contemporary German doctrine through the ideas of Thomas Osterkamp exposed in his book “Juristische Gerechtigkeit. Rechtswissenschaft jenseits von Positivismus und Naturrecht” (“Legal Justice. Jurisprudence beyond Positivism and Natural Law”), in which the author seeks to create a legal justice concept that is substantiated by the legal theory and dogmatics and brings together the main features of natural law and positivism. Consistent consideration is given to the extralegal criteria in the legal argumentation of a fair judgement and to R. Alexis’ thesis of “the special case” in the general practical discourse on the aspect of moral and philosophical substantiation of a fair judgement. Attention is given to Osterkamp’s view of legal justice within the valid legal order and a peculiar dialogue is presented involving the author (T.O.) and concerning the concept of formal justice of C. Perelman and the system theory of N. Luhmann.
Protection of the confidentiality of journalistic sources – international standards and regulation in Bulgaria
The protection of the confidentiality of journalistic sources is an important part of the freedom of speech, a basic prerequisite for the existence of civil society and a condition for the democracy in a state. The international standards in this field lay down clear parameters of the protection of sources. Nevertheless, it is necessary to have a detailed regulation of these social relations at the national level for the purpose of guaranteeing the rights and the legal interests of the journalists and the sources, as well as the public interest. This can be realized through a well-developed regulatory framework, which provides for protection of the confidentiality of sources and sets out the limits of this protection. That is the only way for the press and especially for the investigative journalism to be able to play the role of a social guardian.
Social security mediation contracts in additional social insurance
The subject matter of the scientific research consists in certain issues regarding the current legal regulation of social security mediation contracts within the framework of additional social insurance. Consideration is given to the legal specifics and the social and legal purpose of: the contract of trust services; the contract with an investment intermediary; the contract of investment consultations on financial instruments; the contract with a social insurance broker; the contract between a pension insurance company and the National Revenue Agency in connection with the collection of social insurance contributions to the additional mandatory pension insurance.
additional social insurance relationship
In recent decades there have been numerous examples of countries facing the horror of terror. After the terrorist attacks in Paris of 13 November 2015, France was forced to implement a state of emergency. Under the conditions of a state of emergency for a limited period of time, a number of fundamental rights and their guarantees may be limited more than it is allowable where the governmental authorities function normally; the distribution of competencies among the separate governmental bodies may also undergo changes. In France, the implementation of a state of emergency has caused serious debate. This requires that an analysis be made of the legal nature of the state of emergency. The article presents various states of emergency in France and an analysis of the legal nature of the state of emergency as a legally established regime of the governmental authorities’ functioning, and not a regime of suspension of law.
The international element in arbitration agreements stipulating for arbitration abroad
Those agreements stipulating for arbitration abroad on the grounds of which a foreign arbitral award can be rendered fall within the scope of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Any domestic law norms such as the one of Art. 19, para. 2 of the Code of Civil Procedure which forbid parties of Bulgarian nationality to enter into agreements for arbitration abroad should be interpreted and applied in light of the priority of the international treaty over those provisions of domestic law which contravene it. This is valid both for the stage of recognition and enforcement of a foreign arbitral award under the Convention and for deciding on the recusation grounded on the incompetence of a court regarding a dispute where the said recusation is based on an existing agreement for arbitration abroad that falls within the scope of the Convention. The matters regarding the international element as a prerequisite for applying international treaties and those regarding the nature of the said international element – the parties’ nationality or another international element – are differently regulated by the law of different states. The modern trends in the development of international arbitration reject the need for the existence of a difference in the parties’ nationality as a mandatory prerequisite to stipulating for arbitration abroad (the so-called "subjective criterion"). From a comparative law perspective, it is getting increasingly popular to apply the so-called "combined criterion" whereby it is assumed that the existence of only one of the two types of criteria – a subjective or an objective one – is sufficient for an international element to exist. In other words, it is not only the parties’ nationality that may substantiate the international nature of arbitration. Ultimately, this tendency culminates in the possibility of the international element being expressed in having the agreed place of arbitration located abroad. In this respect, the nature of the international element in an arbitration agreement is different from that of an international element in a choice of court agreement under the Brussels Ia Regulation and the Hague Convention on Choice of Court Agreements.
On the unconstitutional provisions of the Law on amendments and supplements to the Criminal Code (prom. SG, No. 74 of 26 Sept. 2015)
Para. 2 of the Law on Amendments and Supplements to the Criminal Code (prom. SG, No. 74 of 26 Sept. 2015) introduced the provision of Art. 79 (2) (2) of the Criminal Code (CC), which precludes extinguishment by prescription of criminal prosecution and enforcement of punishment for specific crimes committed within the period from 9 September 1944 to 10 November 1989 by members of the governing bodies of the Bulgarian Communist Party. The provision has been given retroactive effect. In its Decision No. 12 of 13 October 2016 (prom. SG, No. 83 of 2016), the Constitutional Court of the Republic of Bulgaria declared certain provisions of this Law unconstitutional. The purpose of this article is to provide some notes on prescription as an institute of substantive criminal law and the retroactivity of criminal law through the prism of the unconstitutionality that has been declared.
unconstitutionality of the provision of Art. 79 (2) (2) of the CC, declared in Decision № 12 of 13 October 2016 of the Constitutional Court (prom. SG, No. 83/2016)
prescription as a substantive criminal law institute extinguishing criminal liability
On the nature of social law and the right to social security
It is on the grounds of a systematic analysis that the social rights of people are examined. A conclusion is drawn, according to which the knowledge of social rights that is based on the theoretical constructions of the separate branches of law form the inter-branch scientific discipline of Social Law, while the regulatory acts that concern the regulated relations in the social sphere form the system of social legislation. The system of knowledge of social security is only a portion of the knowledge of social rights. In the science of social security law, which forms part of the legal knowledge, the term “social security” is both a subject-forming and a boundary category, inasmuch as it is the most general one with respect to the level of logical generalization of legal knowledge in the field of social security.
Free movement of certificates in civil and commercial matters in the European union
The procedural sources of the EU private international law in the field of the exequatur have progressively imposed unification of proceedings through having the foreign acts accompanied by certificates of a standard form. In certain cases the importance of the certificate shifts the focus from the foreign act itself, the translation of the latter not being necessary any more. The various sources give different evidentiary force to these certificates, some of them having their effect throughout the Union, and others not having such an effect. The practical benefit of these certificates results in the introduction of new means of providing facilities for the parties concerned, such as dynamic electronic forms, the greater part of which do not need a translation. The whole system is based on the mutual trust among the Member States’ bodies of civil legal procedure. For this reason, the other international sources of regulation in this field do not create such “passports“ of foreign acts.
judicial collaboration in civil and commercial matters
recognition and admission to enforcement
Electronic identification of administrative services applicants
This article deals with the legal regulation of the electronic identification of applicants for electronic administrative services. The Electronic Government Law lays down that these persons are identified in accordance with a procedure prescribed by law, however, the said Law does not specify the cases in which it is necessary to carry out electronic identification when providing administrative services, neither does it specify the acceptable ways to carry out this identification. The absence of clear regulation obstructs the implementation of this identification. Regulatory amendments are proposed for overcoming the shortcomings established in the regulation.
The active testamentary capacity under the draft Law on natural persons and support measures
The article examines those changes in the legal regulation of the active testamentary capacity which are provided for in the draft Law on Natural Persons and Support Measures – the removal of the substantive-law prerequisites of absence of permanent