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Varadinov & Co.
Legal Bulletin

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State Gazette, issue 76/ September 19th, 2017
The latest amendments of the Environmental Protection Law aim fastening the large infrastructural projects through narrowing of the possibilities for abuse of law at the appellation of the ecological valuation before the court. The cassation control before the Supreme Administrative Court has been dropped off for the decisions of the administrative courts for appeals against statements for ecological valuation or decisions in which it has been judged not to be accomplished an ecological valuation; the decisions of the Minister of environmental and waters and the director of RIIW for the necessity of accomplishing VEE (valuation of the effect on the environment); as well as the decisions of the Minister of environmental and waters on investment suggestions, their expands or amendments in reference to objects that are defined as objects of national importance with an act of the Ministry of Councils and are object of strategic importance. The decision of the first instance court is final, as the procedure should come to an end in a six – month period as of the date of entering of the appeal. The court announces its decision in a one – month term as of the date of the session on which the examination of the case ended up.
There is a legal definition of “object of strategic importance” – each object included in the Energy strategy of Republic of Bulgaria till 2020 for reliable, effective and clearer power engineering or at the Integrated transport strategy in the period till the year of 2030. With the transitional and the final decrees an analogical regime has been entered also in the Biodiversity Act in reference to the appeals against the decisions of the competent authorities for plans, programs and investment suggestions, connected to the realization of objects which are defined as objects of national importance with an act of the Ministry of councils and are objects of strategic importance. The present administrative court cases concerning the two acts shall be finished under the existing order. The denials for presenting information, necessary for the person’s preparation of their defense in any of the proceedings, stipulated in the Environmental Act, shall not be appealed according to the Administrative Procedure Code as it is hitherto but to the order in Chapter third, section IV from the Public Information Excess Law.

State Gazette, issue 77/September 26th, 2017
The latest changes in the Road Traffic Act stipulates a serial hardener of the restrictions. The subjective preconditions for forcing sanctions has been widen and précised – driving a motorcycle vehicle with alcohol concentration in the blood over 0.5 over one thousand and/or after use of narcotic substances or their analysis. It has been widen up the hypothesis when a driver is not allowed to drive the motorcycle vehicle who refuses to make a verification with a technical instrument for determination the use of alcohol and/or with test for determining the use of narcotic substances or their analysis.

When a railroad is disposed on the roadway, the drivers of vehicles that are over the roadway have to leave it in the fastest way when a vehicle of the public transport get near and to let it pass. If on the road there is road service for railed vehicles, over it is forbidden to be derived non-railed vehicles with the exception with the transport vehicles from the regular lines of the public transport.
Officially, by checking in the automatic informational system, shall be terminated the registration of the registered transport vehicle of an owner, who has not performed the obligation to register the transport vehicle in a two-month term as of its acquisition. Transferring the ownership of e registered transport vehicle to a person without a permanent address or address registration in the Republic of Bulgaria shall be made after termination of the registration of the transport vehicle and returning the signs with the registered number in the respective services for registration of the road transport vehicle. The Ministry of Interior and the Notary Chamber exchange electronic information for the registered in the country transport vehicles and the concluded contracts. Upon a bargain for a road transport vehicle the buyer may preliminary apply drafting the certification of the registration in case the registration signs shall not be exchanged, as the information shall be sent to the Ministry of Interior together with the information for the concluded contract. The requirements for issuing a driving license has been widened, it shall be issued only to persons who have graduated X grade and are physically able to drive the motorcycle vehicle of the respective category, has gone through educations for drivers and first aid and also have passed the required exam.

State Gazette, issue 77/ September 26th, 2017
In compliance with the changes in the legislation, the Ministry of Justice renewed Regulation No. 1 from 2007 for drafting, preserving and excess to the commercial register which shall include also the non-profit legal entities register. The larger envelopment is also reflected to its name. The Commercial register and the Non-profit legal entities register are arranged as a common electronic data base with free unpaid excess. In the second chapter of the Regulation has been created new sections – IXj, IXz, IXi and IXk, regulating the proceedings for entering circumstances about associations, foundations, national community centers and brunches of foreign non-profit legal entities. It has been also regulated the proceeding for entering circumstances at the newly arranged institute of stabilization of companies in a difficult situation. The non-profit legal entities and the brunches of the foreign non-profit legal entities, entered in the register of the non-profit legal entities in the region of the district court of their headquarters, shall apply for preregistration in the union register of the Registry Agency not later than December 2020.
Together with the application for preregistration could be entered an application for entering a new circumstance, eraser or announcement, with the exception with the case of transformation, stipulated in art. 12 of the Non-profit Legal Entities Act. On the ground of the application the Registry Agency shall require from the registered court of the non-profit legal entity which is not preregistered, a certificate for good standing, consisting of the data about the latest entered circumstances, as well as duplicates of the present Founding act or By-laws. In the cases of not finished entering proceedings, the certificate shall be issued after the court finishes the registration. The certificate for good standing as well as the duplicate of the present Founding act or By-laws shall be sent officially to the Registry agency in electronic way and immediately shall be given an excess to the electronic firm case. The preregistration shall be accomplished with entering into the register of the non-profit legal entities register to the Registry Agency of the non-profit legal entity and the respective circumstances about it on the grounds of the certificate of good standing, issued under this procedure by the court. After the preregistration of the non-profit legal entity, which has brunches, the Registry Agency immediately require by the courts of the region of the headquarter of each brunch the issuing of the certificate of good standing of the brunch and giving the firm case to be scanned all the documents concerning entering of the circumstances for the respective brunch.