Наказателноправни гаранции на правото на здравословни и безопасни условия на труд
Penal protection of safe and healthy conditions of rights to working according to the Bulgarian Penalty Law System
Author(s): Stefan GaydarskiSubject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките
Summary/Abstract: CRIMINAL LAW // The article addresses issues, which are related to ensuring human right to working in safe and healthy conditions. The penal system and its tools are one of the major instruments for protection against illegal working since the latter includes cases when the life and/or health of employees are in danger. The usual agents of such crimes are employers who fail to provide normal conditions of working. Art. 136 of the Bulgarian Penal Code describes the characteristics of the aforesaid crimes. When these main characteristics materialise in illegal action they lead to penal responsibility. While elaborating on the problems of penal protection of employees’ labor rights the author analyses the two paragraphs of Art. 136 of the Bulgarian Penal Code, which were strongly influenced by the Penal Code of the ex-Soviet Union to offer a critique of the legal technique. The text includes some proposals de lege ferenda which will affect the future development of penal protection of labour rights in Bulgaria.
Journal: Правна мисъл
- Issue Year: LIII/2012
- Issue No: 2
- Page Range: 73-85
- Page Count: 13
- Language: Bulgarian
- Content File-PDF