english
български deutsch italiano
Varadinov & Co.
Legal Bulletin

Varadinov & Co Attorneys at law is recognised in the IFLR1000
IFLR2019
IFLR2018
IFLR2017
IFLR2016
IFLR2015
IFLR2014
Varadinov & Co Attorneys at law is listed in Legal 500
Legal500

State Gazette, issue 30 /April 3rd, 2018
Ensuring the rights of parents and adopters of child-care leave provide for adjustments to the Labor Code. With the mother’s consent after the child has reached the age of 6 months, the father may take leave for the remainder for 410 days instead. When the father is unknown, the leave may be taken by one of the parents of the mother. When the father died, the leave can be enjoyed by one of the parents of the mother or the father. In the cases when such leave is not exercised, or the person who uses it, discontinues its use, the mother, when working on an employment contract, is paid a monetary indemnity from the state public insurance.
An employee who adopted a child up to 5 years of age shall be entitled to leave for a period of 365 days from the date of delivery of the child to adoption but no later than the age of 5 years of age. When the child is adopted by spouses, the leave with the consent of the adoptive parent can be used instead by the adopter after the expiration of 6 months from the day the child is handed over to the adoption but not later than the age of 5 when working under an employment relationship. When the adopter has died, the leave may be used by one of the parents of the adoptive parent or the adopter when working under an employment relationship. With the consent of the worker or employee who has adopted a child on her own, after 6 months from the date of transfer of the adoption child, one of her parents may take the leave for her when working under an employment relationship. For the period of such leave, the child’s leave is interrupted. The right to leave, under the same conditions and in the same amount, also applies to the employee in cases where he or she has adopted the child. With his consent six months after the day the child is handed over for adoption, one of his parents may use the leave in his / her place when working under an employment relationship. In the cases when the leave is not used or the person who uses such leave suspends its use, the adoptive parent or the adopter, when working on an employment contract, a pecuniary indemnity is paid by the state public insurance.
After using the 365-day leave when the child is not at the age of 2 and is not placed in a childcare facility, the adoptive parent, adopter or the person who has taken up the child is entitled to additional parental leave until the child has reached the age of 2 years of age under Art. 164 of the LC. When the adopter and the adopter are in marriage, the adopter is entitled to a 15-day leave for the adoption of a child up to the age of 5 from the date of delivery of the child for adoption but no later than the age of 5 years of age. Leave is not used when the child is dying, at the end of the adoption, and when the child attends a childcare facility, including a crèche or an educational establishment. During the holidays persons are paid cash benefits and recognized work experience.
When the mother of a child up to the age of 2 or the adoptive parent of a child up to 5 years of age dies or has a severe illness and therefore can not take care of the child, the corresponding part of the birth, adoption, and child-care leave enjoyed by the father (adopter). With his consent, these leaves may be enjoyed by one of his or her parents or by one of the parents of the deceased or ill mother of the child when she is working under an employment relationship. When the mother of a child up to the age of 2 or the adoptive parent of a child up to 5 years of age suffers severely and therefore can not take care of the child and the father (adoptive parent) has died, the corresponding part of the birth leave, and parental care is used by one of the parents of the mother (the adoptive parent) or the father (adopter) when working on an employment relationship. Where a person who is only adopting a child under 5 years of age dies or has a serious illness and therefore can not take care of the child, the relevant part of the leave for adoption or parenting up to the age of 2 shall be used by one of his parents when working on an employment relationship. Where both parents of a child up to the age of 2 or both adoptive parents of a child up to 5 years of age and the child is not accommodated in a childcare facility, including a crèche or educational establishment or in a state-run childcare facility, the relevant part of the leave is used by the guardian and, with his consent, by one of the parents of the mother or the father of the child, respectively, of the adoptive parents when working on an employment relationship.

State Gazette, issue 31 /April 10th, 2018
Reducing the opportunities for high construction and protection of the green system are aimed at the amendments in the Structure and Construction Act of the Sofia Municipality. Green areas for wide public use are provided with the detailed development plans in the development zones and the independent terrains of the green system. With detailed development plans approved by the Sofia Municipal Council, landscaped areas for wide public use can be arranged in other development zones to preserve the existing landscaping realized outside the development zones and the autonomous terrains of the green system. The designation of zones and land plots of the green system as well as the designation of land plots falling within them may be changed only in the planning area or on a separate site of the green system of another kind, respectively in a destination acceptable only in those areas and terrains. For the areas with ecological, geological, socio-ethno and infrastructure problems, specific rules and norms shall be elaborated to the detailed development plans when additional constraints related to the construction are imposed on the opinion of the respective specialized bodies. The specific rules and norms are elaborated and approved together with the detailed development plans.
In the general development plan, development areas for very high-rise buildings, where the height of buildings is not restricted, can be defined. The density and intensity of construction in these are determined and documented with a detailed development plan, including an operational development plan. In all development zones, related building is allowed in more than two regulated landed properties. In a residential area with a predominantly low-rise building, in a residential area with a low-rise building in a natural environment, in a residential area with a low-rise building with additional, specific requirements, in a residential area with a low-rise building with limiting parameters, in a villa zone as well as in regulated land properties with an area of more than 3000 square meters, in the corner regulated plots of land with associated basic construction of the two lateral regulation lines, it is not allowed to exceed the maximum admissible for the respective density zone and intensive tons of construction. Apart from these cases, in the corner regulated plots of land with associated basic construction of the two lateral regulation lines, the density of construction is not limited, as the permissible exceeding of the maximum intensity of construction is up to: 1. one hundred per cent - for regulated landed properties with an area of up to 500 sq. m; 2. fifty percent - for regulated land properties with an area of more than 500 kg per square meter up to 1500 square meters; 3. twenty-five percent - for regulated plots of land with an area of more than 1500 square meters up to 3000 square meters. These rules do not apply when the regulated land plot has face to two streets, one of which is dead.
For buildings with a height of more than 75 meters, the detailed layout plans include a mandatory workplan. The detailed development plans are approved by the Sofia Municipal Council. For approval of detailed development plans for construction of public service buildings with a total built-up area of more than 20 000 square meters and / or a height of more than 50 meters, proof of transport-communication provision of the territory is required based on the study, analysis and simulation of trans - Port service, taking into account existing and future traffic in a sufficient service scope. The Sofia Municipal Council adopts a regulation for carrying out research, analysis and simulation of the transport service. Detailed development plans for residential complexes in residential areas of predominantly complex construction can not be changed within 5 years of their entry into force as regards the nature of the construction - from low to medium and / or high and medium high build. Exceptions to this rule are allowed only when the general development plan is amended, which provides for the area an area other than a residential area with predominantly complex construction.
The specific requirements for the appearance of urban spaces, buildings and architectural ensembles shall be determined by an ordinance of the Sofia Municipal Council. It also sets the additional requirements for the volume and content of the detailed development plans and of the investment projects for new buildings, reconstruction, overbuilding and overhauling and major repairs of buildings and facilities, streets, squares and green areas related to the urban space development, the preservation and preservation of architectural ensembles and the urban environment.
The minimum percentage of the area of the lands for high-vegetation landscaping is determined by the investment project (part of the park development) on the projection of the tree crowns at the age of 12 according to their type, indicated in the dendrological project. With high tree vegetation it is permissible to use the entire minimal percentage of the area of the lands for landscaping. When the necessity of using terrains for security and defense objects for the device and their construction is dropped, the purpose, rules and norms of the predominant area of development in which neighboring properties fall are applied. Dismissal of the need to use terrains for security and defense sites occurs when land ownership is transferred to foreign countries, the municipality or other legal or natural persons, or when the Minister of the Interior, the Minister of Defense, the President of the State Agency “National Security” or the Chairman of the State Intelligence Agency shall certify this explicitly.