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State Gazette, issue 77 /September 18th, 2018
Expansion of electronic services in the jurisdiction of some types of cases and a serious increase in state fees for cassation appeal are two of the most significant changes in the last set of amendments to the Administrative Procedure Code. Requests, signals and proposals, complaints, protests, applications, claims and attachments may be filed with the administrative, judicial, enforcement, ­ public service functions and public service providers by electronic means ­ in accordance with the provisions of the Law on the Electronic Governance Act, respectively, by the Law on the Judiciary, as well as by a licensed postal operator, as well as by fax or otherwise, announced by the respective body on its Internet site. The administrative bodies, the judiciary bodies, the public officials, and the organizations, ­ delivering public services provide the technical opportunity to request, signal ­ complaints, protests, applications, claims and attachments to them may be filed electronically under the procedure of the Electronic Management of Origin Act ­ to an administrative body or, respectively, by electronic means pursuant to the Judicial System Act in court proceedings. K hen complaint or protest is a ­ electronically through the body which issued the contested act, they are filed by the order of the Law for the e-government and within three days after expiry of the time limits for contestation by the other persons, the authority sends the complaint or the protest together with a certified copy of the entire file issue the act, informing the sender of this. If the authority does not fulfill the obligation ­ a copy of the complaint or protest may be filed with the court electronically under the terms of the Judicial System Act and the court shall request the file of its own motion from the body which issued the act.
The applicant or any interested citizen who has been or has been involved as a party for summoning and receiving documents and ­ proceedings relating to proceedings which have commenced proceedings may give the administrative authority or the courts, if they have such:
1. information about the presence of a personal profile registered in the secure electronic information system as a module of the Unified Power Access Portal ­ administrative services within the meaning of the Electronic Governance Act, or
2. an e-mail address that permits ­ receiving a message containing information ­ downloading of the drawn up document from a service delivery system, or
3. a mobile or landline telephone number that allows reception of messages ­ information containing information about downloading the compiled document from a service delivery system or in the case of downloading ­ it is technically not possible to allow the recipient to send back a short text message confirming the receipt ­ message, or
4. fax.

The administrative authorities, the judiciary authorities, the public officials, and the ­ public services, organizations and attorneys involved in the proceedings must indicate an electronic address under the e-Governance Act ­ we in the proceedings before an administrative body or an electronic address under the Judicial System Act in the proceedings before a court for summoning and receiving documents and messages. Administrative bodies, persons performing public functions and bodies ­ providers providing public services are required to provide internal electronic administrative services under the eGovernment Act. Notification may be effected by oral notification, by order of the administrative body or the court, which is certified in writing by a signature of ­ an official. Written certificate ­ retention is applied to the case or the case and the addressee is informed that he / she can receive the documents or papers within 7 days after the expiration of which they are considered to have been served. Where communication can not be effected in the above ways, it shall be effected by serving the last address specified by the party or, failing that, at the address the country has received ­ or was summoned for the last time in the proceedings. When there is no address the country has indicated or received ­ shaft messages or has been called, the party is given messages:
1. for citizens - at the current address or, in the absence thereof, or when they can not be found at this address - at the permanent address; if no permanent address is received by the person receiving the message, is served at the place of work;
2. for organizations - if entered in the norm ­ a registered register - at the registered address.
When a party can not be found at the address and no person is found to be in receipt of the message, notification is made by sticking a notification to the door or the mailbox and when access is not made to them the front door or a prominent place around it. When the mailbox is accessed, the message is also opened in the mailbox. The notice states that the documents or papers are left in the office of the body or the court and can be obtained within one week. Documents or papers shall be deemed to have been served on the expiry of the time limit for their receipt by the office of the authority or the court. Where the communication in the proceedings before the administrative authority can not be effected in such a way, the notice shall be placed on the notice board or on the website of the relevant authority for a period of not less than 7 days after the expiration of which the communication is considered to be transmitted.
Organizations submit their request to initiate proceedings only in writing. The applicant provides an electronic address under the Electronic Governance Act, a mobile or landline telephone number or a fax, and when the applicant is a citizen - if he claims it. In cases where the applicant is a citizen, he / she may provide information on the presence of a personal profile registered in the electronic secure information system as a module on the Single Electronic Access Portal within the meaning of the Electronic Governance Act - if has one. Unless otherwise provided for in a special law, in the case of temporary objective impossibility or in the absence of a technical possibility to exchange electronic documents between the Authority and other bodies and organizations or the transmission of other evidence, the exchange shall be by a licensed postal operator or by another customary or appropriate manner. ”
In cases provided by law, non-delivery in time is considered to be tacit consent to issue an act with the content requested by the applicant. An individual administrative act, expressed by tacit consent, can not create obligations and prejudice rights and legitimate interests for citizens and organizations other than the applicant. In the event that the administrative body has given instructions for removal of irregularities in the applicant’s request, the time limit for pronouncing shall start to run from the date of removal of the irregularities. The content of tacit consent is found to be identical to the content of the request, and this content is stated in a statement to the Authority. The terms and procedure for authentication and contestation of tacit consent are governed by special laws. The pre-implementation order is motivated. Where the authority rejects the complaint or protest, the reasons for that decision shall be considered as part of the reasoning of the administrative act. The Competent Authority shall immediately inform the complainant of the date of receipt of the file.
In cases provided by law, ­ scheduling in due time is considered to be tacit consent to issue an act with the content requested by the applicant. With individual admins ­ tacit act expressed by tacit consent can not create obligations and affect rights and legitimate interests of a citizen ­ data and organizations other than the applicant. In the event that the administrative body has given instructions for removal of irregularities in the applicant’s request, the time limit for pronouncing shall start to run from the date of removal of the irregularities. The content of tacit consent is found to be identical to the content of the request, and this content is stated in a statement to ­ gana. The terms and procedure for authentication and contestation of tacit consent are governed by special laws. The pre-implementation order is motivated . When the body rejects the complaint ­ batt or protest, the reasons for this decision are considered as part of the motives of the admins ­ act. The Competent Authority shall immediately inform the complainant of the date of receipt of the file.
Claims for a declaration of nullity of judgments and orders which hinder the further development of proceedings ordered by the administrative courts or the Supreme Administrative Court may be filed indefinitely before the relevant administrative court whose decision is subject to a cassation order appeal. The cases for challenging individual administrative acts shall be dealt with by the administrative court at the permanent address or the registered office of the addressee referred to in the act, respectively addressees. Where the addressee referred to in the act has its permanent address or registered office abroad, the disputes are dealt with by the Administrative Court of Sofia. Where the addressees referred to in the Act are more than one and have a different permanent address or registered office but within a judicial area, cases are dealt with by the administrative court in the area of the territorial structure of the administration of the body which issued the act. In all other cases, the cases are dealt with by the administrative court in the area of which the body is located.
Where parties in the proceedings are represented by a common agent or representative, communication shall be effected through him. Where communication can not take place because the party or person to be summoned has an unknown address, the message shall be placed on the message board or published on the court’s website for a period of not less than 7 days. When the party is summoned by the message, the court, after verifying the regularity of the communication thus made, orders the communication to be attached to the case and appoints a special representative of the applicant’s costs. The remuneration of the peculiar representative shall be determined by the court according to the factual and legal complexity of the case and the amount of the remuneration may also be below the minimum for the type of work under Art. 36, para. 2 of the Attorney Act, but not less than one second of it. No subsequent summons shall be sent to the parties summoned on a regular basis unless the case has been postponed in a closed session or its further move has been barred. The minutes of an open court hearing shall be published on the court’s Internet site within 14 days of the hearing.
A material breach of the administrative rules of proceedings is in any case where, as a result of a breach of the obligation to notify, a citizen or organization has been deprived of the opportunity to participate as a party to the procedure for issuing an individual administrative act. Where the court finds such a material breach of the administrative production rules, it shall revoke the act and send the file to the relevant competent administrative authority without verifying the grounds under Art. 146, item 4 and 5. The court is obliged to indicate to the parties the distribution of the burden of proof.
Sub-legislative acts are challenged before the respective court, which handles the case in a panel of three judges. The competence of the authority for the issue of the by-laws is judged at the time of issue. The compliance of the secondary legislation with the material law is assessed at the time of the judgment.
The cassation appeal, with the exception of cases under the Administrative Offenses and Penalties Act, pension, health and social insurance cases, cases where the applicant is exempt from a state fee or a person deprived of his liberty by a verdict in force is shall be countersigned by a lawyer or a legal counsel unless the complainant or his representative has legal capacity. A power of attorney shall be attached to the request for counseling and, where the complainant or his representative has legal personality, a certificate of legal capacity. After accepting the complaint or the protest, the first instance court shall send a copy thereof together with the annexes of the other party who may reply within 14 days of receipt. After the submission of the reply or after the expiry of this period, the case shall be referred to the Supreme Administrative Court. If the cassation complaint or the protest does not meet the requirements of Art. 212 and Art. 213, the chairman of the Supreme Administrative Court or his deputies, respectively the chairperson of the ward, with an order, shall leave them free of charge and send a notice to the challenger to remedy the irregularities within 7 days of its receipt. When irregularities are discovered during the proceedings, the reporting judge proceeds in the same way. If the irregularities are not remedied within this time limit, the chairman of the Supreme Administrative Court or his deputies, respectively the chairman of the division, with an order leaves the complaint or the protest without consideration and terminates the proceedings. Where irregularities are detected during the proceedings, the court proceeds in the same way as it does in a ruling. The cassation appeal is also returned to the court of first instance when it is filed after the expiry of the filing period.
The act of terminating the case and returning the cassation appeal may be appealed by a private appeal. The court’s ruling on the appeal is final. The case is heard by a three-member panel of the Supreme Administrative Court when the decision is made by an administrative court and by a five-member panel where the decision was delivered by a three-member panel of the Supreme Administrative Court. The five-member Chambers of the Supreme Administrative Court shall hear the case in open sessions, which shall be scheduled by an order of the President of the Court, his deputies or a particular judge. When the cassation instance is the only court, the case is dealt with in open court. The case is heard by a three-member panel of the Supreme Administrative Court in a closed session, unless the judge-designator instructs the case to be heard in open court. The order is not subject to appeal. Where a party requests at the latest in a cassation appeal or in response to a cassation appeal that the case be heard in open court, it shall be dealt with in this order. Where this Code or a Special Act provides for the case to be heard in open court or when the court decides to deal with it, the first hearing shall be scheduled within no more than four months of its commencement. In case of irregularities of the cassation appeal, the period runs from their removal. In open session the case is examined with the participation of a prosecutor.
The Supreme Administrative Court shall give its ruling by a decision within one month of the sitting in which the case has been closed. When the case is adjudicated in a closed session, the decision shall be taken within not more than 6 months from its commencement. In the event of inaccuracies of the cassation appeal, the time for pronouncement shall run from the elimination of the irregularities. When examining the case in closed session, the prosecutor shall conclude within two months from its appearance or within a term determined by the court. In the postponement of the case, the next meeting is scheduled within two months, and the regularly called parties themselves monitor the date of the next open court hearing. The court is required to disclose the date of the next open court hearing within 14 days on its website. The time limits shall be suspended during the judicial vacation and the days declared as public holidays unless this Code or a special law provides for shorter terms. When the Supreme Administrative Court leaves the decision in force, it shall state the reasons for it, and may also refer to the reasoning of the court of first instance.
The applicant in cassation paid a state fee in the amount of BGN 70 for citizens, sole traders, state and municipal authorities and other public officials and public service organizations and amounting to BGN 370 for organizations. Where there is an identifiable interest in the case, these fees are not due, but a fee is defined as a percentage of interest. A state tax on proceedings is not filed by the Prosecutor’s Office for protest, as well as by citizens who have been brought by the court for not having enough money to pay it. When examining an application for exemption from a state fee, the court shall take into account:
1. the income of the person and his / her family;
2. the property status, certified by a written declaration;
3. the family situation;
4. the state of health;
5. employment;
6. age;
7. other relevant circumstances.
Where there is an identifiable interest in the case, the state fee for citizens, sole traders, organizations, state and municipal authorities and other persons performing public functions and organizations providing public services is proportional and is 0, 8% of the material interest, but not more than BGN 1700, and in cases where the material interest exceeds BGN 10 000 000. - The fee is BGN 4500. Whether or not there is a material interest in the case, fees for cassation appeal in cases of pension, equal and social security are BGN 30 for citizens and sole traders and BGN 200 for organizations, state and municipal authorities and other persons performing public functions and organizations providing public services. These rules shall not apply in the cassation proceedings under the Administrative Violations and Penalties Act.
There shall not be a repeal of the enforced judgments ordered to challenge a general or by-laws. An application for revocation shall be filed within three months of the day:
1. in which the applicant could have become aware of the new circumstance or of the day when the applicant could obtain the new written proof - in the cases under Art. 239, item 1, but not later than one year after the entry into force of the act whose revocation is sought;
2. the knowledge of the decision or the sentence, but not later than one year after the decision or the sentence enters into force - in the cases under Art. 239, item 2;
3. the knowledge of the decision or of the revocation act, but not later than one year after the entry into force of the decision or of the act of repeal - in the cases under Art. 239, p. 3;
4. upon entry into force of the last decision - in the cases under Art. 239, item 4;
5. the notification of the decision - in the cases under Art. 239, item 6.
The terms under par. (1) shall commence on the entry into force of the act which it seeks to have set aside if the ground for revocation has arisen or has been known before that moment. In the cases of Art. 239, item 5 and Art. 246, para. 1 the application for annulment is to be brought within one year of the entry into force of the measure which it seeks to have set aside.
An action for annulment shall be countersigned by a lawyer or a legal counsel, with the exception of cases concerning pension, sickness and social security, cases in which the applicant is exempt from a state fee or a person deprived of his liberty by a judgment which has the force of res judicata or where the appellant or his representative has legal capacity. A power of attorney is attached to the request and, in the case where the complainant or his representative has legal capacity, a certificate of legal capacity is attached. For proceedings for revocation of enforced judicial acts, the amount of BGN 30 for citizens and BGN 150 for organizations is collected. No fee is charged by citizens on a request for revocation in cases of pension, health and social insurance. An application for annulment, if it is admissible, shall be considered in open session by a three-member panel of the Supreme Administrative Court, when the decision was made by an administrative court of five chamber members of the Supreme Administrative Court, when the act was handed down by a three-member panel of the Supreme Administrative Court administrative court, and another five-member panel of the Supreme Administrative Court, when the act was ordered by a five-member panel of the Supreme Administrative Court. There shall not be a repeal of the enforced judgments ordered to challenge a general or by-laws.

State Gazette, issue 79 /September 25th, 2018
The regulation of the agency activity through cover offices provides for Decree No 206 of 20 September of the Council of Ministers amending and supplementing the Regulations for the implementation of the State Agency for National Security Act. In the course of their official duties, the Agency’s employees will be able to hold cover positions in the state administration, in legal persons, in civil societies and as freelancers, except in the bar. Cover officers are civil servants of the agency with special status who have the rights and obligations provided by the State Agency for National Security and the relevant law applicable to the occupation of the covert legal position. Cover officers may only be civil servants who have undergone initial vocational training and are authorized to access classified information.
Employees of the agency are appointed to undercover in the structures under Art. 50 in a way that does not jeopardize the cover of disclosure. For work on an official or labor basis, the cover officer receives gross salary, benefits, and other earnings provided for the post in the covert relationship. Cover officers have the right to leave under the conditions and sizes provided for the covert position. The documents for the covert legal relationship shall be submitted to the National Social Security Institute on official basis in accordance with the joint instructions for cooperation between the two institutions, issued on the grounds of Art. 3, para. 5 of the State Agency for National Security Act.