FOR THE FIRST TIME A DEFINITION OF A VOLUNTEER IN THE BULGARIAN LEGISLATION

On the 1st of March 2005 the Law on Crises Management was promulgated in the State gazette. In Part Two, Chapter IV of the law there is a definition for “volunteer” and further regulations of volunteer status. According to the law any natural person, above the age of 18, who is capable to carry out legal activities and is a party to a contract, can be a volunteer. Anyone can receive a volunteer status irrespective of his or her employment.

Volunteers are set up in voluntary organizations for crisis management and are trained and equipped by the managing body. Volunteers receive a certificate and their names are entered in a registry.

The period of voluntary service is regarded as an unpaid leave and is recognized as working experience. Volunteers are paid for their voluntary service at the expense of the state budget. The Law provides for volunteers to be insured against injuries caused while completing their voluntary obligations as well as insurance for all secured social risks at the expense of the state budget.

Volunteers are not obligated to perform their duties if the crisis, as defined in the law, has damaged members of their family or the volunteers themselves.
When a volunteer has been injured, he/she has the right of compensation under the conditions, following the order and in the amount determined by the Council of Ministers.

If a volunteer dies while completing his/her voluntary obligations, the surviving spouse, children or parents are entitled to compensation.

The Law provides for the Council of Ministers to pass an ordinance regulating in more detail the rights and obligations of the volunteers.

On one side, the provisions defining volunteer status show the state’s interest in future legislative regulation of the voluntary service as a whole which can be a good basis for further development of the legislation in this direction. On the other hand, the regulation is quite insufficient and specific, adopted only for the purposes of regulation of the Law on Crises Management.