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Home / Statute

S T A T U T E
OF
THE INSTITUTE FOR LEGAL ANALYSIS AND RESEARCH


I. LEGAL STATUS, DESIGNATION, REGISTERED OFFICE AND TERM. Article 1. (1) Foundation with non-commercial character which serves the public good - Institute for Legal Analysis and Research is a legal person separate from its members, formed under the Law on Legal Persons of a Non-commercial Character, consolidating on volunteer basis jurists, law students and other professionals interested and/or active in the field of administrative, civil and criminal law and the European Union law. (2) Articles of Association of the Institute for Legal Analysis and Research have notarized signature of the founder, by virtue of Article 33, paragraph 2 of the Law on Legal Persons of a Non-commercial Character. (3) Institute for Legal Analysis and Research is established to accomplish activities in public-interest by virtue of Chapter III of Law on Legal Persons of a Non-commercial Character and on the basis of property gratuitously provided from the Founder, who has signed the present Statute. (4) The existence of Institute for Legal Analysis and Research is not limited by time. Article 2. (1) Institute for Legal Analysis and Research is designation of the organization, which in Latin is written in the following way "Institute for Legal Analysis and Research". (2) Institute for Legal Analysis and Research named hereinafter in the present Statute Institute for Legal Analysis and Research, acquire the quality of a self-dependent legal entity with the registration at the appropriate Court register. Article 3. (1) The registered office of Institute for Legal Analysis and Research is in Burgas. (2) Business address of the Institute for Legal Analysis and Research is: Burgas, Burgas District, 24 “Tsarigradska” str. - Administrative business center “Tsarigradska”, 4th floor, office № 8. Article 4. The name of the Institute for Legal Analysis and Research, its registered office, business address, company file and Business registration number must be present in all documents and publications which originate from the organization. Article 5. The legal status and activities of the Institute for Legal Analysis and Research are governed by the provisions of the present Statute, the laws of Republic of Bulgaria and by the international treaties to which Bulgaria is a party. Article 6. (1) Institute for Legal Analysis and Research has its own logo, seal and bank account.

II. OBJECTIVES AND ACTIVITIES. Article 7. The objectives of Institute for Legal Analysis and Research are: (1). Creation of a proposal for acceptance of refined systematization and organization of the administrative regulatory, registry, non-contentious and notary procedures by the competent authorities; (2). Examination, analysis and generalization of the jurisprudence establishing a consistent practice and creation of a proposal for acceptance of permanent mechanisms, implemented by the acting state and municipal administrations and the judiciary which will guarantee greater rights for the citizens; (3). Increase of the level of awareness of state and municipal authorities, magistrates, lecturers, students and civil society; (4). Implementation of activities of legal phenomena research through analysis and directions` systematization of the development of legal doctrine and new emerging functions of the Bulgarian and European law and summarization of the results; (5). Proposing of mechanisms to improve speed, reliability and performance of state, municipal and judicial authorities; (6). Establishing of permanently active human rights protection standard; (7). Establishing and strengthening of principles to surmount the systemic defects in the interpretation and application of Bulgarian and European legislation and summarization of the results; (8). Protection of the rights and legitimate interest of citizens and legal persons through initiation of assistance from the state and municipal authorities and taking of initiatives to harmonize on even greater degree the Bulgarian legislation with EU law; (9). Raising the awareness of citizens to initiate their enterprise in defending their rights; (10). Assisting state and municipal administrations as well as state and municipal entities or companies, hospitals and others in exercising of competence and work on European and other national and international projects and cooperation activities. Article 8. The objectives of Institute for Legal Analysis and Research will be realized by: (1). Participation in working groups on preparation of bills and subdelegated legislation; (2). Creation and distribution of educational materials for training and improvement of qualification; (3). Conduction of trainings, conferences, seminars and round table conference, discussions and workshops; (4). Realization of a partnership with state, municipal and public structures, international organizations working in the legal field and in the field of development of civil society; (5). Establishment of contacts, interaction and joint events with similar organizations at home and abroad; (6). Acceptance of donations, conduction and organization of charity events and organization and financing of other activities, not prohibited by the law and related to the objectives of the Institute for Legal Analysis and Research; (7). Financing of educational and information campaigns among state and municipal administration, lecturers, students and all citizens interested, agencies and organizations; (8). Participation in public procedures with developed projects, financed by governmental and non - governmental programs, European Development Funds linked to the objectives of the Institute for Legal Analysis and Research; (9). Generalization and distribution of information obtained as a result from the activities of the Institute for Legal Analysis and Research, conducted round tables, workshops, seminars, conferences and trainings; Article 9. Activities and expenditure of the property of the Institute for Legal Analyses and Research: (1). Provision of information and results from research and analysis by printed matters and publications; (2). Translation of specialized literature related to the objectives of the Institute for Legal Analysis and Research; (3). Conduction of trainings, conferences, seminars and round table conference, discussions and workshops; (4). Creation and distribution of specialized visual and teaching training aids; (5). Any other activities which are not prohibited by the law and which could be identified as connected with the principal activity of the Institute for Legal Analysis and Research and assist the achievement of its objectives; (6). Institute for Legal Analysis and Research is able to expend its property on development and improvement of the legislation concerning the organization of administrative regulatory, registry, non-contentious and notary procedures, on formulating and strengthening of democratic principles, Rule of Law and civil society: (7). Institute for Legal Analysis and Research is able to expend property on Human Rights protection, on approval of spiritual values in the field of development of science and research related to administrative regulatory, registry, non-contentious and notary procedures; (8). Institute for Legal Analysis and Research may gratuitously expend property and conduct its activities in public interest; oriented towards achieving the objectives of the organization, by the order stated at Law on Legal Persons of a Non-commercial Character; (9). For gratuitously expend of property owned by the Institute for Legal Analysis and Research for conduction of activities in public interest it is necessary reasoned resolution of the Board, taken by a majority of two thirds of all members, when it is in favor of: 1. Individuals taking part in other bodies of Institute for Legal Analysis and Research, their spouses, a lineal relative thereof up to any degree of consanguinity or a relative thereof by marriage up to the second degree of affinity; 2. Individuals who have been members of the Governing bodies of Institute for Legal Analysis and Research within up to two years prior to the date of resolution-making; 3. Legal entities which have funded Institute for Legal Analysis and Research within up to 3 / three / years prior to the date of Resolution; 4. Legal entities wherein the persons aforementioned are managers or can impose or block resolution-making 5. Property receipts in the Institute for Legal Analysis and Research cannot be distributed between body members, except for reasonable payment of remuneration for valid services or activities, or for recovery of reasonable costs incurred in carrying out the work on implementing the objectives of the Institute for Legal Analysis and Research; 6. At the end of the year according to a Resolution adopted by the Board may be paid current financial remuneration of individuals charged with the execution of basic tasks related to the activities of the Institute for Legal Analysis and Research; Article 10. Institute for Legal Analysis and Research may perform additional economic activity in terms of Article 3, paragraph. 3 of Law on Legal Persons of a Non-commercial Character, as follows: 1. Creation and distribution of printed matters, collections, specialized publications, videos and other educational visual aids for training; 2. Conduction of training courses and workshops in connection with and related to the administrative regulatory, registry, non-contentious, notary procedures and the objectives of the Institute for Legal Analysis and Research; 3. Any other business activities not prohibited by the law which may be determined as related to the principal activity and support the achievement of the objectives of the Institute for Legal Analysis and Research. Article 11. All activities of the Institute for Legal Analysis and Research are carried out in strict compliance with the Constitution, the remaining legislation of Republic of Bulgaria and the European Union law.

III. PROPERTY. Article 12. The Institute for Legal Analysis and Research shall derive property from: (1). Primary donation made by the Founder to the amount of 200,00 (two hundred) BGN, paid in at the time of establishment of Institute for Legal Analysis and Research; (2). Subsequent donations by the Founder or the members of the Board; (3). Income received by projects approved in governmental and non-governmental programs, related to the objectives of Institute for Legal Analysis and Research; (4). Income received by projects approved in programs related to the European Development Funds; (5). Donations, grants, subsidies and devises received by Bulgarian and foreign natural and legal persons; (6). Income from property owned by Institute for Legal Analysis and research; (7). Income from additional economic activity of Institute for Legal Analysis and Research in terms of Article 3, paragraph. 3 of Law on Legal Persons of a Non-commercial Character; Article 13. (1). Subject of donation or devise may be funds, movable and immovable property, real rights, intellectual/industrial property rights, securities, company shares, rights on shares, bonds, receivables and other property rights. (2) All donations made are registered into a special Donations` book. Article 14. Every Bulgarian and foreign, natural and legal person may unconditionally or as a subject of condition to make a donation or devise for the benefit of Institute for Legal Analysis and Research and in accordance with its objectives. Article 15. Institute for Legal Analysis and Research may refuse to accept donations or devises, made with unacceptable conditions and contrary to its objectives and Statute. Article 16. (1) The property of Institute for Legal Analysis and Research is invested in real estates, bank deposits, securities (stocks, bonds), rights to capital contributions, intellectual and industrial property rights or other appropriate means. (2). The investment of the property should ensure sufficient income to maintain and increase property, while taking into account inflation processes and financing of the ideal goals of Institute for Legal Analysis and Research. Article 17. To carry out its activities and achieve its objectives, to preserve and increase its assets Institute for Legal Analysis and Research is able to acquire and expropriate movable and immovable property, real rights, intellectual property rights, trademarks, know-how copyrights, securities while assuming the corresponding obligations. Article 18. As public organization with non-commercial character, Institute for Legal Analysis and Research is able to set up companies, to participate as a founder or acquire rights of participation in commercial companies, to invest in the country and abroad, to establish agencies and to participate in companies with domestic and foreign natural and legal persons in the country and abroad. Article 19. The disposal of the property of the Institute for Legal Analysis and Research is carried out by the Board in compliance with the provisions of the Articles of Association and the present Statute.

IV. GOVERNING BODIES. Article 20. Governing bodies of Institute for Legal Analysis and Research are: (1). Governing board (GB) - collective supreme body. (2). Chairperson of the Governing board – governing body. (3). By Resolution of the Governing board, subsidiary bodies may be set up - councils, committees and others, depending on the needs and activities of Institute for Legal Analysis and Research. Article 21. (1) Collective supreme body is the Governing board. (2) The Governing board is consistent of minimum of 3 (three) people and it is elected for a time period of 3 (three) years. (3) The initial membership of the Governing board is determined by the Founder during the formation of Institute for Legal Analysis and Research. Article 22. Competency of the Governing board: (1). Have a right to amend and supplement the Statute; (2). Elect the Chairperson of the Governing board; (3). Have a right to complete and modify its membership and numbers, according to the will of the Founder; (4). May approve other internal acts related to the activities of Institute for Legal Analysis and Research. (5). Pass resolutions upon the opening and closure of branches in compliance with the will of the Founder; (6). Pass resolutions upon participation in any other organizations in compliance with the will of the Founder; (7). Approve the budget of Institute for Legal Analysis and Research; (8). Approve the Annual report of the Chairperson of the Governing board and pass resolutions to it. (9). Determine what part of the property and income of Institute for Legal Analysis and Research should be capitalized as a fixed capital formation to preserve and increase the property of Institute for Legal Analysis and Research; approve the transactions with property of the organization, concluded by the Chairperson of the Governing Board; (10). Decide on the organization and participation of Institute for Legal Analysis and Research in important events related to its objectives; Article 23. Member of the Governing board may be any Bulgarian or foreign natural person who accepts or works to achieve the ideal goals of Institute for Legal Analysis and Research; Article 24. (1). A meeting of the Governing board shall be convened by the Chairperson at least once a year, by written invitations comprising the Agenda of the meeting, time and place for conduction. (2). The invitations should be sent at least 10 (ten) day prior the date set for conduction of the meeting. Article 25. Chairperson is obliged to call a meeting of the Governing board in case of written request from not less than two of the members. Article 26. Meeting of the Governing board are legal, if at least half of the members plus one are present. Article 27. The Governing board shall take resolutions by simple majority of the members present at the meeting. Article 28. (1). Governing body - Chairperson of the Governing board. Article 29. The Chairperson of the Governing board: (1). Govern the work of the Governing board; (2). Make proposals at the Governing board for the development and improvement of the activities of Institute for Legal Analysis and Research; (3). Represent Institute for Legal Analysis and Research before third parties and conduct on its behalf disposal deals with the property of the organization and make arrangements with the amount to the bank accounts; (4). Adopt the internal acts of Institute for Legal Analysis and Research and present them for approval to the Governing board; (5). Approve the establishment plan and conclude contracts with employees and other entities involved in the activities of Institute of Legal Analysis and Research;

V. DISSOLUTION AND TRANSFORMATION. Article 30. Institute for Legal Analysis and Research may be dissolute: (1). By Resolution of the Founder; (2). By Resolution of the District Court according to the Registered office of Institute for Legal Analysis and Research in terms of Article 13, paragraph 1, section 3 of Law on Legal Persons of a Non-commercial Character; Article 31. In case of liquidation of Institute for Legal Analysis and Research any property left after satisfaction of the creditors shall be distributed among organizations, with the same or similar objectives to the one of Institute for Legal analysis and Research, by Resolution of the Founder, and in lack of one by Resolution of the liquidator.

VI. FINAL PROVISIONS. Article 32. On the death of the Founder, his heirs inherit all his rights, which shall not lead to termination of the existence of the Institute for Legal Analysis and Research or cancellation of made donations or devises. Article 33. For unsettled relations in the present Statute shall apply the provisions of Law on Legal Persons of a Non-commercial Character and other provisions in the legislation of Republic of Bulgaria. §1. The present Statute is updated, approved, amended and signed at the meeting of the Governing board of Institute for Legal Analysis and Research, held on the 20th of September, 2010 in the town of Burgas.