Statutes

STATUTES
of
the LEGAL INTERACTION ALLIANCE ASSOCIATION

DENOMINATION, SEAT AND TERM

 

Art.1, Par.1. Legal Interaction Alliance (LIA) is a non-profit association, incorporated and developing on voluntary and independent basis, pursuing the achievement of interaction between state authority holders and civil society in order to build democratic society and rule of law.

Par.2. The Association’s seat is the city of Sofia.

Par.3. The Association’s denomination is “Legal Interaction Alliance”.

Par.4. The Association is established for indeterminate period of time.

OBJECTIVES AND ACTIVITY

Art.2, Par.1. LIA’s objective is to cooperate in:

1. Establishment of the principles and standards of rule of law in the Republic of Bulgaria;

2. Effective legal and informational interaction between legislative authority, judicial authority and executive authority, as well as between them and civil society;

3. Assisting in the development of state authority institutions and bodies, and of non-governmental organizations in the field of law;

4. Harmonization of Bulgarian legislation with the legislation of European Union and conforming with the international engagements undertaken by Bulgaria;

5. Organization of permanent Arbitration court for international and interior civil disputes based of arbitration agreements or by a obligatory competence established with a national law or international contract;

6. Realization of Arbitrage ad hoc with cooperation of the Arbitration court.

7. Organization of mediation processes for settlement of civil disputes with cooperation of the Arbitration court

8. Providing specialized legal assistance and the support of the lawyers for Bulgarian Euro-Atlantic Initiative;

9. Development of law and lawyers profession in Bulgaria;

10. Defense of the rights and interests of all Bulgarian lawyers and the separate lawyers estates, like judges, procurators, examining magistrates, attorneys-at-law, legal jurisconsults, lecturers, scientific workers, law students, etc.;

11. Development of democratic society and market economy through law mechanisms.

Par.2. The Association may perform additional economic activity related to its main objects using the income for the objectives set forth in the Statutes.

Par.3. For the purpose of fulfilling its objectives LIA:

1. Develops and updates programs related to legal and informational interaction between legislative authority, judicial authority and executive authority for stabilization and development of state authority institutions and their interaction with non-governmental sector, as well as programs related to the harmonization of the Bulgarian legislation with the legislation of the European Union and the international engagements undertaken by Bulgaria;

2. Develops and updates programs for acquisition and maintenance of high professional qualification of all lawyers;

3. Arranges and conducts training of skilled workers in the field of legislative, judicial and executive authority in conformity with Association’s objectives;

4. Cooperates with national and international organizations having similar objectives and aims;

5. Creates funds for financial support of the Association’s objectives;

6. Performs publishing activity related to LIA’s operation as a non-profit association;

7. Making contacts and interacting with legal institutes and law faculties in conformity with the Association’s objectives, including lecturers interchange and training programs, by assisting in the system improvement and improvement of the quality of the speicialized legal training.

FUNDS (PROPERTY)

Art.3, Par.1. The Association’s property consists of:

1. Membership due;

2. Donations and wills from Bulgarian and foreign natural persons and legal entities;

3. Income from property and activity of the Activity;

4. Other income and revenues pursuant law.

Par.2. The Association may acquire its property for fulfillment of its objectives and activity.

Par.3. By a decision of the Executive Board specific funds may be created. By its decision the Executive Board provides the method of management and use of each particular fund.

MEMBERSHIP

Art.4, Par.1. Association’s member may any capable natural person educated in law, accepting the Association’s Statutes, aims and objectives, assisting in their fulfillment and paying the annual membership due fixed. Students in law may also be members of the Association if they make or join a regional students club.

Part.2. Members of the Association may be both Bulgarian and foreign legal entities with law-related objects.

Par.3. Lawyers who have ever been convicted for intended indictable offence whether they are rehabilitated or not, and legal entities whose activity conflicts with the Association’s aims and objectives may not be members of the Association.

Par.4. New members are to be adopted by a Decision of the Executive Board after an application, accompanied by a declaration concerning the circumstances under the previous paragraph. The legal entity is to be adopted after an application filed by the person representing it, a decision of the competent body being attached to the above application. By the application the new members do declare that they agree with the Statutes and undertake to obey it.

Par.5. The founders are to be considered members after signing the Statutes.

Par.6. The membership due is to be determined by a decision of the Executive Board. The Executive Board may adopt differentiated amount of the membership due for natural persons and legal entities, as well as relief for certain categories of members and increased amount for certain categories for certain collective members.

Par.7. The new members – natural persons are not bound to pay membership due for up to two years of their membership by a decision of the Executive Board.

Par.8. Membership is to be terminated:

1. By filing and application to the Execute Board. The legal entity encloses to the application a decision of the competent body;

2. By death of the natural person;

3. By dissolution of the legal entity;

4. By expelling.

Par.9. Member of the Association who does not comply with the Statutes or with its behavior lowers the name of the Association is to be expelled by a decision of the General Meeting.

Par.10. The members of the Association have the following rights and obligations:

1. To elect and to be elected in the Association’s bodies;

2. To participate in the work of the Association and to make efforts to increase its authority and the authority of the lawyer’s profession;

3. To put under discussion issues that are of interest for the lawyer’s society in Bulgaria;

4. To organize, after coordination with the Executive Board, activities and problem groups for a certain problem in conformity with the Association’s objectives;

5. To enjoy the preferences provided by the Association in social, professional and personal aspect;

6. To be admitted to deliver explanations in case disciplinary actions are imposed or when they consider their personal or professional reputation unjustifiably undermined;

7. To obey strictly the provisions of the Association’s Statutes;

8. To pay regularly the membership due owed by them;

9. Not to admit contradiction between their social and professional activity on the one hand and the Association’s announced objectives, on the other hand.

ASSOCIATION’S BODIES

Art.5, Par.1. The Association has the following bodies:

1. GENERAL MEETING

2. EXECUTIVE BOARD

3. CHAIR OF THE EXECUTIVE BOARD

4. CHIEF SECRETARY AND SECRETARY’S OFFICE

5. SOCIAL COUNCIL

Par.2. By a decision of the Executive Board assisting and specialized bodies may be created, such as scientific and expert councils, workgroups, specialized committees, estate structures, as well as regional structures and executive bodies, required for the development of the Association’s activity.

GENERAL MEETING

Art.6, Par.1. The superior body of the Association is General Meeting, constituted of all members of the Association.

Par.2. General Meeting may consist of delegates if it is particularly difficult to be conducted under the terms of attendance of all members. In such case the Executive Board adopts a decision and the election of the delegates is to be performed on proportional basis and the proportion between one delegate and the number of represented members is to be specified in the decision of the Executive Board. The election of delegates is to be organized by the Association’s regional structures, any if there is no any – by a commission appointed by the Executive Board. The members of the Executive Board participate and vote in General Meeting ex lege.

Par.3. General Meeting is to be convened by the Chair of the Executive Board by a notice containing the agenda and published in the State Gazette, and put in the place for announcements in the building. General Meeting may be convened under the same procedure on the request of 1/3 of all members of the Association as well.

Par.4. General Meeting is to be convened at least once per year.

Par.5. General Meeting is valid if it is attended by at least a half of all members or delegates. In case that the required number of members or delegates is not present, the session is to be delayed with one hour under the same agenda and is to be considered valid whatever number of members attend it.

Par.6. General Meeting may not discuss and adopt decisions of issues not included in the preliminarily announced agenda. Discussion and decision of such issues may be adopted only if all members attend and they agree with that. The last is not applicable for expelling of members of the Executive Board and election of new members to replace them.

Par.7. The General Meeting’s decisions are to be taken by simple majority of votes but for the purpose of amending the Statutes, dissolving the Association or its merger with another one – a majority of 2/3 of the attending members/delegates is required.

Par.8. Any member of the Association is entitled to one vote. The elected delegates and the delegates ex lege are also entitled to one vote each.

Par.9. General Meeting adopts a decision by open vote. It may also decide to take secret vote.

Art. 7. Competence of General Meeting:

1. Elects among its members Executive Board and Chair of the Executive Board and takes decision of constituting Social Council;

2. Adopts and amends the Statutes;

3. Takes decision of dissolution or transformation of the Association;

4. Determines the strategy of the Association and the basic trends of its activity;

5. Adopts annual plan for the Association’s activity;

6. Adopts the Association’s budget;

7. Approves the Report of the Executive Board and adopts decisions with respect to them;

8. Exonerates from liability the Executive Board.

EXECUTIVE BOARD

Art. 8. The Executive Board consists of a Chair, two Deputy-Chairs and four members and is to be elected for a period of five years.
Art.9, Par.1. Competence of the Executive Board:

1. Ensures the execution of the General Meeting’s decisions;

2. Takes decisions of creating executive, specialized and assisting bodies, expert councils, workgroups and opening of offices in Bulgaria and abroad, centers, committees and other structures and organization sections, necessary for the performance of the Association’s activity, adopts rules for their organization and observes their work;

3. Fixes the amount of the membership due and its payment times and the decision under this item may not have retroactive action;

4. Takes decisions of disposal of the property in conformity with the Statutes;

5. Takes decisions of assignment of representative power on behalf of the Association to another member of the Association;

6. Takes decisions of participation in other organizations and initiatives in conformity with the Association’s objectives;

7. Elects the Deputy-Chairs of the Executive Board among its members and elects Chief Secretary.

Par.2. The Executive Board holds sessions at least once per three months. The sessions are to be convened by the Chair by a written invitation including the project agenda. The invitation must be sent at least ten days before the date of the session. This procedure is not to be applied upon convention of extraordinary session of the Executive Board.

Art.10. The Executive Board adopts its decisions by a simple majority. The decisions may also be adopted without a session in case all members sign the decision or give their written consent.

Art.11. Secretary’s Office is to be created at the Executive Board. It is to perform the functions of basic executive body of the Association. The Secretary’s Office assists the Executive Board in the fulfillment of its functions and enforces its decisions. The Executive Board elects Chief Secretary who is responsible for the organization and functioning of the Secretary’s Office. The work of the Chief Secretary and Secretary’s Office is to be supervised directly by the Chair of the Executive Board.

CHAIR OF THE EXECUTIVE BOARD

Art.12. The Chair of the Executive Board is elected by the General Meeting.

Art.13. Competence of the Chair of the Executive Board:

1. Manages the work of the Executive Board and Secretary’s Office;

2. Manages the current activity of the Association;

3. Organizes the execution of the decisions of the Genera Meeting and the Executive Board;

4. Organizes the activity of the Association and submits to the Executive Board proposals for development and improvement of its activity.

5. Represents the Association;

6. Prepares Association’s staff listing. It concludes and terminates the contracts under the labor legal relationships with the employees;

7. Convenes the Executive Board on sessions;

8. Appoint the Chairman of the Arbitration court at the Legal Interaction Alliance according to a proposal from the Executive Board for a period of 5 years.

SOCIAL COUNCIL

Art.14, Par.1. The Social Council consists of persons recognized in the field of law and social life.

Par.2. The Social Council monitors all aspects of work of the sections of the Association and the entire activity of the Association.

Par.3. The Social Council may submit recommendations and notes for the improvement of work to each body or section of the Association.

Par.4. The Social Council popularizes in society the Association’s activity and assists for the achievement of its objectives with its authority and efforts.

Par.5. The Social Council elects a Chair, a Deputy-Chair and a Secretary among its members.

Par.6. The Social Council is to report its activity before the General Meeting. The report is to include observations upon the reaction from society to the Association’s work and the effect of its activity, as well as recommendations for improvement.

ASSOCIATION’S STRUCTURES

Art.15, Par.1. The Association may create structures on territorial, estate or custom basis, like branches, district committees, centers, offices, clubs, student structures, etc.

Par.2. The structure organization is to be determined by an Ordinance of the Executive Board after discussion and taking into consideration the statement of the representatives of the respective structures.

MISCELLANEOUS

Art.16. The Association may issue its own publication.

Art.17. The Denomination of the Association, the sign and its seat are to be place on all documents and publications issued by it.

Art.18. For all issues not settled in the present Statutes, including termination and liquidation, shall be applicable the provisions of the Non-Profit Legal Entities Act.