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Varadinov & Co.
Legal Bulletin

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State Gazette, issue 54/ July 5th, 2017
The serial amendments and additions of the Law on Road Traffic aim more effective control over the behavior of the drivers of motorcycle vehicles. The obligation of the official persons for the control to make the verification in a safe way securing the necessary visibility is pointed. It is stipulated the right for using automobiles equipped with audio record and video record machines as the control shall be accomplished only in the envelopment of the video record equipment. To the stipulated in the Act compulsory administrative measures has been added new hypothesis.

Temporally the operation of the motorcycle vehicle shall be stopped in case the owner allows or present the motorcycle vehicle to be driven by a person who has had alcohol and has blood concentration of 0.5 over thousand, narcotic substances or their analogies. For a term from 6 months to an year shall be terminated the registration of a motorcycle vehicle for an owner who has operated the motorcycle vehicle without having the respective driving license and/or has had alcohol with blood concentration over 0.5 over thousand and/or narcotic substances or their analogies, as well as in case of refusal a technical verification to be made for determining the use of alcohol and/or narcotic substances or their analogies or has not accomplish the instructions for medical examination of the alcohol in his blood and/ or for the use of narcotic substances or their analogies, as well as to an owner who’s motorcycle vehicle has been driven by a person who does not owe the respective driving license.

In case of violation determined and recorded by a technical device or system for which it is not stipulated a punishment deprive of the right of operating a motorcycle vehicle or deprive of control points, shall be issued an electronic slip upon the absence of a control body and offender for setting a fine at the amount determined for the respective violation. With a concluding decree for supplement of art. 78 of the Criminal Code has been restricted the applicable cases of the institute of releasing of criminal responsibility by setting an administrative punishment. To the present hypothesis restricting its application, has been supplemented cases when the act has been accomplished after use of narcotic substances or their analogies.

State Gazette, issue 59/ July 21st, 2017
The Financial and Internal Ministries issued a joined Instruction No. I-2 for interactions between the customs agencies and the bodies of the Ministry of Internal Affairs. The Instruction defines the conditions and the order of interactions between the custom and the police bodies for preserving from and discloses offences and crimes according to their competences determined by the legislation. The common management and control of the interactions upon this instruction shall be accomplished by the Minister of Finance and the Minister of Interior Affairs. The coordination between the bodies of the MIA and the custom bodies for the application of this instruction shall be determined by the General secretary of the MIA and by the director of the “Customs” agency.

The main directions and aims of the interactions ate explicitly listed – counteraction to the trafficking in human beings and illegal migration; preserve from and disclose of custom, currencies and tax violations and crimes; control and supervision of physical persons, goods and burdens when passing through the zone of the border crossing points (BCP), border zone, the territory sea, the internal water ways and on the territory of the country; preserve from illegal international traffic of movable cultural values; preserve from illegal traffic of explosives, firearms, chemical, biological and nuclear arms or ammunitions, of nuclear materials, nuclear equipment and other sources of ionizing radiation, of toxic and chemical substances and their precursors, of biological agents and toxics, as well as goods and technologies with double usage; prevent from traffic of fails field currencies, payment instruments and official certifying documents; prevent from and disclose of illegal traffic of narcotic substances, their analogies and precursors, as well as materials and technologies for drugs production; prevent from money laundering and financing of terrorism; prevent from and disclose of violations and crimes of rights of intellectual property.

To the respective directions are also the stipulated joined activities and forms of interactions - operative search and investigative measures, information exchange, analysis and risk valuation, joined study, participation in activities of joined contact centers with neighbor countries. Verifications may be accomplished at the zone of the BCP, at the border zone, territory sea, the internal water ways and on the territory of the country, as well as in premises of physical persons and legal entities in cases stipulated by an act. In the zone of the BCP of an internal border of the European union and the on the whole territory of the country for accomplishing of the aims may be created joined teams.

State Gazette, issue 61/ July 28th, 2017
The approved by the Ministry of Council changes of the homonymous regulation are aiming better administrative service. It has been widen the circle of persons who are obliged to confirm interior rules for organization of the administrative service, as among them are included the Minister of Interior Affairs or an authorized by him official person, as well as the secretary of the municipality. Among with the interactions of the sections upon accomplishing of the administrative service and the consequences of the accomplished by and in them activities, they shall make a periodical analysis for the necessity and/or effectivity of the application of card payments, implementation and application of different ways of payment, informing and encouraging the customers for their usage and the control accomplishment of these activities.

Among the guaranteed administrative services is included the possibility for different ways of payment of the due fees and prices of the services by bank payments and/or electronic way, with payment card and/or in cash. The offices for administrative services to the common administration shall inform about the way of payment of the applied administrative service, stimulating payment with payment cards through terminals in case such a possibility for card payments is covered. The possibility of accomplishing card payments is included in the service information that is obligatory presented by the administration. The customers of the administrative services should be informed with suitable announcements and indicative signs at the determined for these places, as well as on the internet page of the respective administration, as the electronic address for suggestions and ways of receiving the result of the services should be pointed.