Electronic Issue "Scientific Research"

Subject of the inquiry in the article is the legal institute of deputy incongruity in the Republic of Bulgaria. The legal meaning of the incongruity, as a mark of the deputy free mandate, is explained and also as an organizationally legal guarantee of its proceedings. Due to the absence of a legal explanation of the concept of incongruity, its legal nature is analyzed in the context of the valid Bulgarian legislation. The legal organization of the two types of incongruity is considered, that is - interdiction on a deputy to occupy another state service and to practice activity that according to the law is incongruent with his deputy position. In this regard, the concept "state service" is explained in its constitutionally legal sense as the interpret practice of the Constitutional court of the Republic of Bulgaria is analyzed. The descriptive range of the legal institute of the deputy incongruity in the Republic of Bulgaria is considered on the grounds of a detailed comparatively legal analysis with the analogous legal organization in Russia, Greece, Poland, Portugal, France, Great Britain, USA and etc. The legal consequence from the establishment of the deputy incongruity is analyzed, that is suspension of his authority before term. For that purpose, the basic differences between the legal institutes of suspension of the deputy mandate and its interrupting are specified.

1. Avtonomov, А.S., Constitutional (State) law of foreign countries, М., 2005; Ameller, Parliaments, М., 1967. 2. Ananieva N., Constitutional law, S., 2000. 3. Balamezov, B., Concise terminological dictionary / state theory, law theory, constitutional and comparative constitutional law/, S., 1993. 4. Balamezov, B., Interpret resolutions of the Constitutional court 1997-1999, S., 2000. 5. Vasilev, D., The legal status of deputy, "Legal thought" Magazine, 1994, No. 2. 6. Grankin, I. V., Russian Parliament, M., 2001. 7. Deputy in the Parliament in foreign countries, executive editor D. A. Kovachev, M., 1995. 8. Drumeva, E., Constitutional law, S., 1995. 9. Yordanov, B., The Governmental official - theoretical concepts, legislation, court practice, S., 2005. 10. Commentaries on the Constitution of the Russian Federation, M., 2002. 11. Constitutions /collection/: USA, Republic of Italy, FRG, Republic of France, Republic of Greece, Kingdom of Spain, Federal Republic of Brazil, S., 1990. 12. Constitutional law: Dictionary / ex. Editor V. V. Maklakov, M., 2001. 13. Constitution of the Republic of Poland, "Legal world" Magazine, 1999, No. 2. 14. Krutogolov, M. A., The Parliament of France - organization, legal aspects of the proceedings, M., 1988. 15. Kandeva, E., Yordanov, B., Legal control of the civil service, S., 2002. 16. Maklakov, V. V., The Parliaments of the European Union Member States, M., 1994. 17. Prelo, M., Constitutional law of France, M, 1957. 18. Resolutions and decisions of the Constitutional court of the Republic of Bulgaria 1991 - 1992, S., 1993. 19. Spasov, B., Constitutional law of the Republic of Bulgaria, part two, S., 2002. 20. Comparative analysis of the organization and proceedings regulations of the parliaments of the European Union Member States and other countries outside the European Union /legislative inquiry/, Parliamentary students internship program, NA, S., 2001. 21. Stoychev, St., Constitutional law, S., 2002.