In connection with the draft amendment to the Consumer Protection Act introduced by the Council of Ministers, the Confederation of Employers and Industrialists in Bulgaria, after taking into account the opinions of the member companies of the organization, expresses below its position regarding the following proposal:
" & 52 ...art. 233 (4) Acts for establishing administrative violations and criminal decrees within the meaning of the Law on Administrative Violations and Penalties, as well as individual administrative acts within the meaning of the Administrative Procedure Code may be served on any natural person who located in the commercial establishment and which is in civil or employment legal relations with the person against whom they were issued."
Our reasons against the new text are that, through it, prerequisites are created for violating the right of defense of the inspected legal entity. The desired speed for starting an administrative-penal procedure should not be at the expense of the legal right of defense of the inspected person. The change is related to the risk of persons representing the risk being prevented from taking a timely and competent action on the imposed sanction. Only the authorized and managerial personnel within the companies are competent and responsible for the control of the application of the regulatory requirements in their daily activities, while the other employees do not have such powers, and in this sense they are not able to protect the interests of the company. In addition, this change does not correspond to the current legislation, such as the Law on Administrative Offenses and Penalties, whose provisions require the delivery of administrative acts to authorized persons.
Based on the above, we propose that & 52, which creates a new para. 4 in art. 233, be deleted.
http://www.turbulence.tech