Like legislation in every country in the world, Bulgarian laws differ in many areas in comparison with other states. This is why there are specialist studying all the Bulgarian laws and that are able to help every person when a litigation or a court dispute arises. For foreigners living, working or investing in Bulgaria is very difficult to manage with Bulgarian laws and legislation and they often need legal advice or assistance. We at Mikov & Attorneys provide legal services for small and medium enterprises on every step of their investment in Bulgaria, opening a location in the country, closing business and etc. All of them follow strictly all Bulgarian laws.
Usually Bulgarian laws are normative acts that governs social relations, susceptible to long-term regulations,
with respect to a certain subject matter or the subjects of one or more institutions. All Bulgarian laws must be promulgated and they become effective in three days after they’ve been published. Sometimes the act itself might foresee a different date of coming into force. Bulgarian laws may also be regulations, ordinances and instructions which usually have almost the same or the same power as laws. These types of regulations in the Bulgarian law system, are specified and regulated by the Law on Legal Acts in Bulgaria. Legal acts are part of the Bulgarian legal system and in their core they’re normative acts that comprise general rules of behavior, which are applied to an undefined group of individuals. Legal acts as part of the Bulgarian law system have repeated actions and are voted by a competent government institution.
Khan Krum’s Bulgarian laws
In Bulgaria a form of legislation has been established since the creation of the country. The foundations of the written Bulgarian laws can be traced back in the first half of IX century under the ruling of Khan Krum. This legislative system of Bulgarian laws aimed to guarantee protection of private property and its owners, to establish equal rights by all the people, living in the country, protecting the poor from robberies and many other benefits. This is the first set of Bulgarian laws that included the possibility of enforcing consequences after a certain crime, like theft, defamation and others.
Bulgarian laws in the time process of Christianization
In the end of IX century Bulgaria decided to accept Christianity as its main religion and that led to significant changes in the Bulgarian laws. They were heavily influenced by the Byzantine Empire and had copied their model of ruling. Bulgarian laws helped the rulers creating the country that we know now. Even during the time of the Ottoman political ruling in the country, Bulgarian laws were still in force in parallel with the Ottoman. During this period the written Bulgarian laws weren’t spread across the country and they were applied in bigger cities and church courts.
Modern Bulgarian laws
The first Constitution of Bulgaria was drafted in 1879 after the Liberation of the country. The modern Bulgarian law system is built upon the Roman legal system, which was used in the creation of the French and Italian Civil Codes. Although some of the main ideas of the Roman legal system stand in the basis of the Bulgarian law system and the Constitution, the Constitution has also borrowed different aspects from other legal systems. One of the first and most important Bulgarian laws in the area of civil law, adapted after the Liberation of Bulgaria, was the Law on Obligation and Contracts. The adoption of this Bulgarian law made possible the regulation of contractual relations on the basis of fairness and other principles of the legal systems of the developed European countries.
The Law on Obligation and Contracts governed trade and effectively stimulated the development of economic relations between individuals. This is a very important Bulgarian law because it helped the country to recover after the Ottoman political ruling and establish relations with other European states.
The Bulgarian Law on Commerce is also very important for transactions that are concluded during transactions between traders. The core of the commercial law included those transactions concluded by traders as a result of their professional activities. By means of this Bulgarian law, the country could establish trade routes and connections. The predominant part of the Bulgarian Law on Commerce was taken from the Romanian Commercial Act, which had combined different articles from the Italian one. The commercial law, part of the Bulgarian law system, had gathered two legal systems in one – the German and Roman, which, as some experts say, has led to imperfections and problems in the law. The Bulgarian Law on Commerce started regulating different forms of economic partnerships, as well as companies. It is the first Bulgarian law that gives a clear definition about general partnerships, limited partnerships, joint stock companies and many others. The first Bulgarian commercial law has been used as a ground for the currently effective Bulgarian laws regulating trade and commerce.
Bulgarian laws – the Constitution
The Bulgarian law system is based on the Constitution of the country. It proclaims the basic constitutional principles like national sovereignty, political pluralism, supremacy of law and many others. The Constitution is the highest-ranked Bulgarian law that protects also the basic civil rights - “The Republic of Bulgaria shall guarantee the life, dignity and rights of the individual and shall create conditions conducive to the free development of the individual and of civil society”. The Constitution is the Bulgarian law that proclaims the freedom of speech, religion, ethnicity, equality before the law and many other rights to every citizen in the country.
Bulgarian laws – acts of the Parliament
One of the main sources of Bulgarian laws are the Acts of the Parliament. In the Parliament bills become acts. They are thoroughly discussed and checked to avoid potential contradictions either with the Constitution of the Republic of Bulgaria, signed and ratified international treaties, European law, or already existing Bulgarian laws. After voting, the bill is adopted and shall be promulgated by the President of Bulgaria. After being published in the State Gazette the bill becomes a Bulgarian law.
Bulgarian laws – regulations
Regulations are a type of normative acts on the implementation of certain Bulgarian laws in their entirety. This type of Bulgarian law has a general application, it’s binding in its entirety and it is directly applicable.
Bulgarian laws – ordinance
The ordinance is another type of normative act, part of the Bulgarian law system, that is issued to enforce certain provisions or particular sections of a normative act, part of the Bulgarian law system, that has higher power that the ordinance.
Bulgarian laws – instructions
Instructions are the last type of normative act, part of the Bulgarian law system, whereby a superior body gives instructions to subordinate bodies about the implementation of a particular normative act, which it has issued or whose fulfillment must be ensured.
International treaties and agreements as part of the Bulgarian laws
As part of the world and various political organizations between countries, such as NATO, the European Union and others, Bulgarian laws are mixed with international legislation. One of the main source of law is the European Union law. The main Bulgarian law – the Constitution of Bulgaria states that: “Any international instruments which have been ratified by the constitutionally established procedure, promulgated and having come into force with respect to the Republic of Bulgaria, shall be considered part of the domestic legislation of the country. They shall supersede any domestic legislation stipulating otherwise. “
Interpretations of the Constitutional Court as part of Bulgarian laws
The only institution in Bulgaria, entitled to interpret the Constitution, is the Constitutional Court. Any time there is a misunderstanding of the main Bulgarian law – the Constitution, the Court has the power to interpret it. The decisions of the Constitutional Court are binding as Bulgarian laws. The Constitutional Court also has the power to declare provisions contained in Acts of the Parliament as anti-constitutional. These interpretations are one of the very important sources of Bulgarian laws.
In the period of modern Bulgarian laws, the country has had overall 4 Constitutions. The last and effective today Constitution was accepted in 1991 but since then it has been changed several times. According to the most important Bulgarian law only a Grand National Assembly can change the provisions related to the borders of the country, make amendments of certain articles or adopt a brand new Constitution. The National Assembly and the Grand National Assembly were adopted as competent institutions by the first Bulgarian Constitution, also known as the Tarnovo Constitution. The Constitution of the country, as part of the Bulgarian law system, may be changed from time to time so it can properly respond to the natural development of law and to the relations between the country and different international organizations.
Currently Bulgarian laws and acts are more than 300 that range from vehicles to gambling, politics and many others. All of them are intertwined together to create the system of Bulgarian law. This is why it’s difficult for a foreigner to deal with so many legal provisions of different rankings when it comes to resolving different disputes.
We at Mikov & Attorney provide legal help and advice for small and medium enterprises guiding them through the process and helping them with different issues with Bulgarian laws. We have a competent team of lawyers who can provide you with legal consultation and services in many areas of Bulgarian laws, such as corporate, taxation and merges and acquisitions; banking and finance; real estate law and construction; employment; energy, environment and administrative and legal disputes.
We can provide assistance with various issues according to all Bulgarian laws like establishing all kinds of companies and branches on the territory of the Republic of Bulgaria, advising on tax issues, VAT registration. Mikov & Attorney can also provide help with employment issues such as labour contracts, data protection and confidentiality. We provide advising on hiring foreign natural persons as well as work permit issues that can arise from different Bulgarian laws.
We can be your partner with real estate and construction issues providing advice and help with all the paperwork, so it will be done according to all Bulgarian laws. We can also draft lease agreements and represent clients in negotiations for renting office premises. We can guarantee you that every step in purchasing or renting real estate will be according to all Bulgarian laws.
Mikov & Attorney can assist you with dispute resolution and litigation according to all Bulgarian laws and procedural rules. We can represent you in court, fill up different forms and documents and everything needed. All of our attorneys are experts in Bulgarian law and can provide our client with competent information and solutions to various issues.
Through our years of experience, we’ve proven to our clients that when it comes to Bulgarian laws, we are a trusted partner that deliver all the help and support needed. We provide competent consultations and legal advice about Bulgarian laws in English, French and Bulgarian and our main goal is to help you!