Law Tips Law and Legal Tips

20Nov/120

Administrative regulations and Administrative relationships

The administrative rules and relations operate mainly in the field of administrative law and executive. Norms of administrative law constitute a general rule of conduct governing relations in government with authoritative method. This is one of the main features of administrative law to the civil law, in which the most common is a concurrence of wills between equal footing. Subjects relating to administrative norms have specific quality - they are entities based on administrative law. Administrative rules contained in legislation and regulations. The administrative rules have the same elements and norms in general - a hypothesis disposition and sanction. As a rule they are not in one provision, but often not in one act. For example, the penalty is usually covered only LAOP or at the end of every law has called. sanctioning.
There are different types of administrative rules. According to the nature of the rule - requiring, prohibiting, permitting, empowering. According to the role assigned to them - substantive and procedural. According territorial effects - general and specific territory.

19Nov/120

Subject of the Administrative Law

Subject of the administrative law are these specific social relations between the subjects of administrative law that arise in the process of executive functions of public authorities. Relationships that arise can be vertical or horizontal. Horizontal is the relationship between entities are equal. They have no subordination, hierarchy, official or otherwise. Vertical relationships develop when the subjects are professional hierarchical dependence. Within the executive branch, without violating the principle of separation of powers, there law relations, law enforcement and justice.
Administrative law regulates relations connected with the performance of executive function. The main feature of the method of legal regulation is that it is authoritative. It depends on the nature of social relations. It depends on existing and established legal inequality between countries. In the most common case, legal changes have sided character. They depend on the will of the state body and lead to legal change in the person to whom it relates. The system of administrative law is determined by its regulatory function, the relationship between the executive and the public. There are substantive and procedural rules.

27Mar/110

United States copyright law

Definitely now one of the most discussed and hard laws is the copyright law. The copyright law was first approved in the United States, as federal law. It defines the legal framework for protecting copyright on inventions, works of art in all U.S. states. It is part of the U.S. federal law and is based on article 1, section 8, para. 8 of the U.S. Constitution, known as the paragraph on copyright, which states: "The Congress shall have Power [. . .] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. ", which has unofficial translation: The Congress shall have power ... to promote the progress of science and useful arts, by protecting a limited time exclusive rights to authors and inventors on their respective works and discoveries.
This paragraph is on both the Copyright Act ("science", "authors", "works") and the Patent Law of the United States ("useful arts, inventors," "open"). It includes limits on the permissible scope of protected rights (exclusive rights to their works and discoveries) and duration (in time) for copyrights and patents.

15Mar/110

Concepts of the Law for Lobbying

The idea of ​​regulations and restrictions on lobbying practices occurs first in the U.S. as part of efforts to combat corruption. Decades ago, American politics was so permeated by corruption that has assumed as part of the game, "giving money to public officials, most congressmen and senators to accept or decline any legislative solution. With increasing public intolerance towards all this originally in 1946, introduces a requirement that all organizations and individuals engaged in lobbying activity to register in a public register. And to disclose information to lobby for what purpose, in which law seek changes in whose interest are these changes and what budget, what financial or money spent on this activity. At that time it adopted the first law for regulation of lobbying practices in the U.S.. It is also the Law on Foreign Agent Registration, which provides organizations and individuals who hire foreign governments to lobby the U.S. authorities to be entered in a public register. Thanks to this law, which operates to this day, the Bulgarian public, for example, learn about the popular contract that our Foreign Ministry was concluded with the lobist Shaves some time ago. Decades of struggle and the civil sector and the media to strengthen regulation for more stringent measures for lobbyists. This struggle continues to this day. In 1996 Congress passed a law on lobbying with restrictive ideas, which underwent several amendments to broaden the transparency of lobbying practices. Indeed, the meaning of a law on lobbying is to end the financial relationship between lobbyists and those who make decisions. It is true that many people in our country, unfortunately many politicians and lawyers understand the lobbying practice as a person to give money to a lawmaker to pass a law. And consider that such a law on lobbying, this is a legitimate activity. Lobbying Act should expressly prohibit the legislature to get money and that everywhere is so.

8Mar/100

Legal facts and tax acts

1. Legal facts - Concept of Tax Act.
Formation, development and the repayment of tax relationships shall be carried out under the effect of tax rate. To occur such action is necessary in the social reality to show certain facts that tax rate associated effects of the formation, modification and extinguishment of relationships. Because of its legal significance these facts are called legal facts. Prof Tashev determine the legal facts of reality as facts established in the case of legal norms that serve as a criterion for assessing the facts of life and source to show subjective rights and obligations provided for in the disposition of that rule.
Legal facts provided in hypotesis rate of tax may be subdivided into two main groups: legal and corporate events.
Criterion for participation is that the human will
2. Legal events - these are such facts, in which content will deliberate manifestation of human will and in any case will not contain directed immediately to produce legal consequences. Legal events is not there is a will to implement legal tax rate.
So the category of events must be included in other volitional activities of economic nature (supply, gifts), directly to untargeted tax consequences, but in respect of which arises an obligation to pay taxes, fees, etc. Here the effect of view of civil law can be seen as an event from the perspective of tax law.