english
български deutsch italiano
Varadinov & Co.
Legal Bulletin

Varadinov & Co Attorneys at law is recognised in the IFLR1000
IFLR2017
IFLR2017
IFLR2016
IFLR2015
IFLR2014
Varadinov & Co Attorneys at law is listed in Legal 500
Legal500

Law on the Organization of the Black Sea Coast
Restrictions on the so called “wild camping” were introduced with the amendments to the Law on the Organization of the Black Sea Coast (OG 20/15.03.2015). The amendments introduce a structural transfer of authority from the Ministry of Regional Development and Public Works to the Ministry of Tourism. Also, a prohibition is being introduced for provision of concession or rent of the beaches for environmentally-friendly tourism, included in the law’s application. For the unregulated matters in this direction, the Law on Concessions and the Ordinance for its implementation will be applied.
The camping and parking is being prohibited outside the designated areas in zone “A”, covering the Black Sea with 200 meters width, measured from the shoreline; the coastal beach strip and part of the territory, falling within the strip with 100 meters width, outside the territories of the villages, measured horizontally from the boundaries of the shore or the beaches. Sports and recreational activities and establishments for fast service; as well as the construction of underground ducts, networks and facilities of the technical infrastructure, when there is not another technical possibility or when the technical solution is clearly economically inexpedient, are being forbidden on the territory of the beaches for ecological tourism.
The name of Chapter V is being amended as follows: “Forceful administration measures and administrative-punitive provisions”. They will be applied by the Minister of Tourism or by authorized by him officials in cases of restriction of the free access to a beach; limitation of the area of the active beach territory for a free placement of beach accessories from the visitors and/or the equivalent access to the sea; exceeding the permissible area of the moveable objects and/or the additional commercial area of the beach’s territory.
The implementation of the compulsory administrative measures will be applied by a motivated order of the Minister of Tourism or by authorized by him officials. The order defines the type of the compulsory administrative measure and the means for its implementation. The order for application of compulsory administrative measures is subject to an immediate execution and may be appealed by interested persons under the Administrative-Procedural Code but the appeal does not suspend its execution.
A legal concept is being introduced for a “beach for environmental tourism” – a beach, included in the application to Art. 7, Par. 9, which, in view of the natural environmental resources, is necessary to be conserved through conservation of the biodiversity and the ecosystems upon reasonable usage of the environmental resources and, on which territory, there is no commercial activity. The beaches “Irakli”, “Byala – Karadere” and “Koral” are explicitly included in the application for beaches which are not provided for concession or rent.

Ordinance № 2 from March 25, 2016 for determining the basis package of health services, guaranteed by the budget of the National Health Insurance Fund

The Ministry of Health has determined, with an ordinance (OG 24/29.03.2016), the basic package of medical assistance, guaranteed by the budget of the National Health Insurance Fund. The ordinance is issued under Art. 45, Par. 2 of the Health Insurance Act and repeals Ordinance 11/2015 that determines the package of health services, guaranteed by the budget of the National Health Insurance Fund (OG 98/2012) and Ordinance 40/2004 that determines the basic package of health services, guaranteed by the budget of the National Health Insurance Fund. The basic package for medical services, guaranteed by the budget of the NHIF, contains medical activities, services and products, specified in kind and range, under separate medical specialties, under diseases or groups of diseases, according to application № 1 -12 in the ordinance.

In case that at the time of finishing the activities, connected to the outpatient procedures under application 7, with the exception of the outpatient procedures 5, 30, 31 and 38, a medical specialist finds a necessity for monitoring of the patient in stationary conditions in order to prevent the medical risk of complications in result of the carried out outpatient procedure, the patient can be hospitalized under a “clinical pathway” with name and content, according to application № 10, but no longer than 48 hours. A “clinical pathway”, with negotiated with the national frame contract for the medical services a minimal 3 day stay, can be executed and completed as an outpatient procedure with name and content, according to application № 11, in case that in no less than 12 hours from the patient’s stay at the hospital, under the “clinical pathway”, the latter receives all mandatory services and all conditions for hospital discharge, defined with the national framework agreement, are met and there is a written assessment by a physician for the lack of medical risk for the patient from the completion of the service under the “clinical pathway”. For diseases under application 12, a complex treatment is provided (each individual part of the treatment process is provided). The antitumor drugs that provide the primary treatment of malignant solid tumors and hematological diseases, resulting from the basic disease and treatment, are included in the package of services for systematic drug treatment of malignant solid tumors and hematological diseases in the conditions of a hospital medical care.

Law for Amendment of the Law on Management of the Condominium

Amendments in relation to the National Program for Energy Efficiency underwent the Law on Management of the Condominium (OG 26/01.04.2016). The owners are prohibited from carrying out construction activities that lead to a worsening of the project pointers of the characteristics of the construction products, modified/replaced and/or initially invested. The owners are obligated to maintain the common parts of the building and their own private property in a technical condition that fulfills the main requirements of Art. 169, Par. 1 of the Law on Spatial Planning; to maintain the safe operation of all facilities and installations in the building; to not carry out activities in the common areas, including on the façade, which violate their integrity and architectural type, the load capacity, the stability of the building structure, the fire safety and the safe usage of the building.

Under the terms, set forth in the provisions, the general meeting of the condominium will make a decision for the preparation of a technical passport, will make a decision for assignation of the compilation of a technical passport for the existing buildings, will approve the contract with the executor, will accept the report for the carried out inspection and the evaluation of the technical characteristics and the compiled technical passport of the building. The scheduling and the gathering of the general meeting can now be made no earlier than 8 days after the date of the invitation and in urgent cases – no earlier than 24 hours after the invitation. A copy of the protocol from the general meeting, certified with an inscription “True to the original” and the applications to it are presented to the owners, users or the residents, while in the cases under Art. 13, Par. 2 the documents are sent to the specified email or address in the country. A fourth sentence is created which states that, “When, in the cases under Art. 13, Par. 2, the person has not pointed an email or address in the country to which copies of the protocols could be sent to, the person is considered notified with placement of the message”. The general meeting of the owners accepts a decision for assignation of its authorities or a part of them to the Management Board (the manager) as well as for assignation of the activities for maintenance of the common areas of the building to juridical or natural persons, which are not owners, with a majority of more than 67 percent ideal parts of the common areas of the condominium. The majority for assignation, with a contract, of a part of the authorities of the Management Board or the manager to outside persons is being increased from 50 to 67 percent
In a newly created condominium the selection of a Management Board (manager) is held in a 6-month term from putting the building into operation. Upon request the management body issues to the owners a document for the presence or absence of obligations to the condominium. The management body is obligated to report its activity annually and at the end of its mandate.
The majority in the general meeting of the association of owners for making decisions about placement of advertising or technical installations on the building, for connecting the building to heat, water, electrical supply and gas supply and for termination of heat and gas supply is decreased from 67 to 50 percent. More than 67 percent of the votes will be necessary for assignation of the authorities or a part of them to the Management Board (manager), as well as for assignation of maintenance activities of the common areas of the building to juridical or natural persons that are not owners. Upon request the management body of the association will issue to the owners a document for the presence or absence of obligations towards the association. The agreement for assignation of activities to outside parties is approved with a decision of the General Meeting of the association made with a majority of more than 67 percent of the presented ideal parts and is signed by an authorized by the General Meeting of the association person for a period of 2 years. For the term of the contract the chosen natural or juridical person has the rights, obligations and responsibilities of the Management Board (manager).
Upon notification for the need of urgent repairs, lack of funds for it or a decision of the General Meeting for gaining of funds, the major of the municipality or region or an authorized by him official carries out inspections and issues an order in one month from the notification with which order he obligates the owners to carry out, in a specific period, the repair but no later than three months. Upon an accepted decision from the General Meeting of the owners and/or the association of owners for making repairs and a refusal for provision of access from a owner to the possessed by him property, the major of the municipality or region or an authorized by him official carries out an inspection and issues an order with which he obligates the owner to provide the necessary access. The owner and the chairman of the management Board (manager) are notified about the order and it can be appealed before the administrative court at the condominium’s residence. The order under par. 1 is issued in one month after the filed request from the chairman of the Management Board (manager) accompanied by a protocol for the lack of provided access, compiled by the Management Board (manager) and two owners. The execution of the order is carried out under the Administrative-Procedural Code. The fines for failure of execution are doubled for the chairman of the Management Board (manager), for natural or juridical person who was assigned authorities by them as well as for the major of the municipality or region.