Administrative law status of individuals and organizations
Not all persons are subjects of administrative law. Subjects of administrative law are those who state administrative law. They can be divided into three groups: citizens, civil society organizations and public authorities. To have one person as the subject of administrative law, it should have called. administrative personality. Administrative personality has two aspects. This is an administrative capacity and administrative capacity. Administrative capacity means the person to be the bearer of rights and obligations in the field of administrative law. Administrative capacity means the ability of individuals with their wills to bring about changes in government. Administrative status of citizens is a system of rights and obligations are governed by administrative law and refer to persons on the territory of Bulgaria and in some cases abroad. Administrative status includes several details. These are citizenship, address, names of Bulgarian citizens, civil registration, population registers. Relations are governed by the Bulgarian Citizenship Act and the Civil Registration Act. There are several important points. First - how to acquire and how to lose citizenship. Second - when there is a loss of citizenship and under what conditions is the sanctioning procedure. Third - what are permanent and current address and how important they are. Fourth - how to form the names of the Bulgarian citizens, what are the procedures for changing the name.
Law determination of the Central Banks
Each state has Central Bank. Its regulation is governed by the Law on the Bulgarian National Bank, promulgated in State Gazette issue 46 of 10.06.1997 as last amended in year 45 of 30.01.2002 year. Under Article 1 paragraph 1 of the same law, "National Bank is the central bank of the Republic of Bulgaria. It is a legal entity. "
The main task of the CB is to act to maintain the stability of the national currency by implementing monetary and credit policies to promote the establishment and operation of payment mechanisms.
What distinguishes Central Bank from other banks:
-The right to issue banknotes and coins in the country
She's issuing institution and no other institution with such a right
On the other side of the Central Bank recognized regulatory and control functions in order to maintain the stability of the banking system and protecting the interests of depositors.
Essential to the legal status of the Bank, which is defined in the Act, and K is its absolute independence from the state system. She is not in a position of subordination, it reports only the Central Bank. This is an important legal guarantee of its independence because it fulfills the state budget, which means that all appropriations, revenues accumulate in Central Banks. After everything said here can make the following conclusions:
Differentiation of labor law from other legal branches
Between labor and civil law, and between labor and administrative law there are certain similarities and differences. Labor relations have close similarities with by civil law relations, which are subject to certain work tasks or the provision of services. Both relationships arising from a contractual agreement between the parties. Attribute liability for inherent and labor and civil contracts. Along with that among them there are also differences. Labour law differs from civil on the subject of regulation. Civil law regulates property relations between individuals, between entities or between individuals and legal. These are personal property and non-property relations. Labor law regulates relations arising immediately upon completion of live labor. The main content of the employment relationship is the very work process and subject the property is public work attitude. Because the worker / employee provides its workforce, he finds himself in employment subject to the employer is under the direction and control and shall observe labor discipline. With this matter for labor law differs from civil to the fact that civil law is subject to the outcome of labor relations that arise between people in connection with public work. In civil law there is no element of subordination. There is a set of rules that are unknown to the civil law - such as legal regulation of maximum working hours, minimum rest periods and holidays, etc. Subject to civil law property relationships that are included in the sphere of exchange, but not included in the manufacturing and services, while labor law is subject relations, including in particular the field of production and services.
Administrative regulations and Administrative relationships
The administrative rules and relations operate mainly in the field of administrative law and executive. Norms of administrative law constitute a general rule of conduct governing relations in government with authoritative method. This is one of the main features of administrative law to the civil law, in which the most common is a concurrence of wills between equal footing. Subjects relating to administrative norms have specific quality - they are entities based on administrative law. Administrative rules contained in legislation and regulations. The administrative rules have the same elements and norms in general - a hypothesis disposition and sanction. As a rule they are not in one provision, but often not in one act. For example, the penalty is usually covered only LAOP or at the end of every law has called. sanctioning.
There are different types of administrative rules. According to the nature of the rule - requiring, prohibiting, permitting, empowering. According to the role assigned to them - substantive and procedural. According territorial effects - general and specific territory.
Subject of the Administrative Law
Subject of the administrative law are these specific social relations between the subjects of administrative law that arise in the process of executive functions of public authorities. Relationships that arise can be vertical or horizontal. Horizontal is the relationship between entities are equal. They have no subordination, hierarchy, official or otherwise. Vertical relationships develop when the subjects are professional hierarchical dependence. Within the executive branch, without violating the principle of separation of powers, there law relations, law enforcement and justice.
Administrative law regulates relations connected with the performance of executive function. The main feature of the method of legal regulation is that it is authoritative. It depends on the nature of social relations. It depends on existing and established legal inequality between countries. In the most common case, legal changes have sided character. They depend on the will of the state body and lead to legal change in the person to whom it relates. The system of administrative law is determined by its regulatory function, the relationship between the executive and the public. There are substantive and procedural rules.
Subject of Banking Law
The subject of Banking Law is complex. It is not homogeneous, as included in its composition, both commercial and civil law. That is why we have many laws and regulations that form the industry. The main source is the Constitution. It is treated equal subjects of the banks there. On it are built special laws represent the second major source, namely the Banking Act, which is consistent with the European Directive BNBA, Exchange Act, pledges, etc., regulations, Ordinance № 3 payments of 10.07. 1992 years, Ordinance № 8 on the Capital adequacy of 15.07.1997 year.
From civil laws are: OCA - the general part and the provisions relating to personal and real securities contract for deposit and loan, CPC, CA. The source can be considered the law of insurance. Companies are considered to be subject to the Banking Law.
Subject, character and system of the banking law.
With the development of market economy in the country right term bank began increasingly to be mentioned in the media, in conversations, etc. It can be seen in several aspects. The first and most important industry is like. Therefore, banking law is a set of norms that regulate social relations arising in connection with the implementation of the banking. The relationship is always one side is a bank or non-bank financial institution. The term bank means law and science, whose subject is the study of the banking law as a branch, ie as part of the objective of substantive law. The banking law was as a legal phenomenon that is a product of economic necessity to run certain processes in the economy, which are based on banking. For the separation of banking sector may have important object of legal regulation. With its accurate determination is deciding to carve the banking law as a separate cluster and its differentiation from other branches of law. The subject of banking law are banking relationships, ie those relations that arise with the implementation of the banking. By their nature, they are financial cash relations, which arise in connection with the conclusion and execution of banking transactions. For these relations we can say that they have relationships, since they include rights and obligations of subjects.
Methods of regulation of labor law
The method of regulation of public relations by establishing norms in certain conduct. One method is civil legal regulation, with its inherent principles of freedom of contract and the optional nature of legal norms. The other method is authoritative, ie administrative law, with its mandatory provisions. In labor law can be applied both methods! In one case, the state directly regulates the behavior of workers, employees and employers. In the other case, it only sets the boundaries of behavior, leaving room for self-regulation of labor relations of his country. In labor law most used in the regulation of labor relations are legal norms with the optional nature. They provide an opportunity for countries to establish appropriate volume of rights and obligations. Contractual labor of employees is expressed in the fact that the formation of an employment relationship does not apply the mandatory method, the method is applied negative. This means that the parties to the employment relationship to their interests are given the opportunity to independently determine the content of employment. Mandatory rules are expressed in the form or prohibition or prescription. For example, the ban on night work and overtime of employees under 18 years of age. When a form of influence of norms declaration of intention of the parties to the employment relationship in shaping the content of relationships off.
Subject to regulation of labor law
The main criterion for distinguishing the legal industry is the subject of legal regulation, ie range of public relations. Labor law (TA) regulates public relations with labor. Labor associated with numerous native and diversity of social relations. But not all relate to the subject of labor law. The process of labor is relevant human activities to create consumer value assignment given by nature to human needs. This is the general nature of the work and is not subject to legal regulation, because it occurs primarily in the relationship between man and nature and the law regulates social relations, ie relationships between people. The work is done by human ability, called workforce. Workforce and the ability to work is the sum of physical and mental abilities available to the individual. But do not labor in itself, but its use has an impact on employment law. This is because it only connects to the means of production, only its carrier (the employee) enter into relationships with other people.
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