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Violation or Failure to Fulfill Official Duties – Incriminated Risk to National Security

Автор/и:

Mladen Mladenov

E-mail: mmladenov@abv.bg

Mladen Ivanov Mladenov is a "Doctor" in the Scientific Specialty 05.11.02 "Political science", Academic Position "associate professor" in the Field of Higher Education 9 "Security and Defense" in Professional Direction 9.1 "National Security" ("Integrity, Anti-corruption, Professions and Legal Sciences"), Institution of Employment: The Higher School of Security and Economics - Plovdiv. His scientific interests are in the field of jurisprudence, security/certainty, professions, anti-corruption, administrative capacity, legislative impact assessment, legal representation, training, political criteria, anti-discrimination, human rights, international programs and cooperation, successful team building, human resource management resources, strategic and operational management, internal control and audit, creation of standards, methods and internal rules, ethics, integrity.


Страници от броя

pp. 87-103

Резюме

The present research is limited only to the crimes under Article 282, paragraph 1, sentence one and two of the Criminal Code - violation or failure to fulfill official duties. The perpetrator can only be an official who belongs to the system and structure of the bodies of power and management in the state apparatus. This person must directly and absolutely meaningfully aim to benefit himself or others, violating imperative legal requirements required by the functions of his position. Executive acts - violation and inaction - related to official duties, must be understood as both divisible and indivisible, and both at the same time. There is a legal paradox that arises from the complexity and phenomenality of reality itself. That is, it is possible to have a breach of duty, also an omission of duty, as well as a breach and omission of duty at the same time. A special case of violation of official duties and failure to fulfill official duties is the case when the perpetrator is a judge. In this way, confidence in the judiciary is violated, legal certainty is ruined, and national security in general is subsequently torpedoed.

Ключови думи

crime, official, judge, legal certainty, national security.


APA standard citation:

Mladenov, M. (December 2023). Violation or Failure to Fulfill Official Duties – Incriminated Risk to National Security. Security and Defense(2), 87-103. https://institute.nvu.bg/sites/default/files/inline-files/2023-2-07-mladenov.pdf

Chicago standard citation:

Mladenov, Mladen. "Violation or Failure to Fulfill Official Duties – Incriminated Risk to National Security." Security and Defense (Vasil Levski National Military University Publishing Complex), № 2 (December 2023): 87-103.

Harvard-Anglia standard citation:

Mladenov, M., 2023. Violation or Failure to Fulfill Official Duties – Incriminated Risk to National Security. Security and Defense, December, Issue 2, pp. 87-103.

MLA standard citation:

Mladenov, Mladen. "Violation or Failure to Fulfill Official Duties – Incriminated Risk to National Security." Security and Defense 2 (2023): 87-103. <https://institute.nvu.bg/sites/default/files/inline-files/2023-2-07-mladenov.pdf>.