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 1 /January 3rd, 2019
Reducing the administrative burden and speed in urban development procedures foresee changes to the Spatial Planning Act.Water supply and sewerage networks and facilities outside settlements and settlement formations are constructed on the basis of plot plans, which define also easement strips on which construction and planting of permanent crops are not allowed. The terms and procedure for determining the size and location of the easement strips and the special regime for the exercise of the easements shall be determined by an ordinance of the Minister of Regional Development and Public Works. The rights of persons who build and operate water supply and sewerage systems and facilities arise when a plot of land is in force to determine the location and size of the easement strip and a single indemnity has been paid or made available to the owner and the holders of the other real rights over the affected property. The appeal of the amount of compensation by the persons concerned does not obstruct the exercise of easement rights. If necessary, the regional governor or the Minister of Regional Development and Public Works may impose a construction ban on the time required for the creation of the plot plans, but for no longer than two years. The imposition of a construction ban stops the application of the general and detailed development plans in force within the territory of the affected landed properties on the adopted version of the route, which has been assessed by the environmental legislation. The order for imposing a construction ban shall be announced with a notice promulgated in the State Gazette and may be appealed by the order of art. 215.
The operating companies will provide free of charge the necessary data for the elaboration of the assignment and the supporting plan within 14 days of their request. The coordination of the assignments, the proposals for amendments to the detailed development plans and the plans for development plans and their amendments with the exploitation societies shall be carried out ex officio by the mayor of the municipality or by the competent body under Art. 124a, para. 3, 4 and 6. The operating companies are obliged to provide the requested information, motivated objections and prescriptions within 14 days of the request. Where the elaboration of a draft of a detailed development plan or of its amendment is initiated by persons under Art. 124a, para. 5, the mayor of the municipality, respectively the competent body under Art. 124a, para. 3, 4 and 6, within 7 days from the receipt of the application shall send the draft terms of reference, respectively the sketch under Art. 135, para. 2 of the operating companies, which are obliged within 14 days to provide the necessary data and instructions for the elaboration of the respective project. Within 7 days from the submission to the municipality of the project of a detailed development plan or its amendment, the mayor of the municipality, respectively the competent body under Art. 124a, para. 3, 4 and 6 send it to the operating companies, which are obliged within 14 days to reconcile the project, to make reasoned objections or to give additional prescriptions. In the event that an operating company fails to submit a reasoned objection in due time, it shall be deemed to agree the project without any comments. Following the entry into force of the order approving a detailed master plan for technical infrastructure sites located within the territory of more than one municipality within one area or within more than one area, the mayors of the relevant municipalities issue an order for the official coverage of these sites in the general development plan in force for the territory, without changing the plan. Where further changes to the general infrastructure plan are required after the objects of the technical infrastructure have been recorded, they shall be carried out under the conditions and by the order of its amendment.
The assignor or the person authorized by him / her may request that the design visa be provided with the source data necessary for the design and connection to the technical infrastructure networks by the respective operating companies, describing his / her investment intention. Within 7 days of its receipt, the competent authority under Art. 140, para. 7 sends the application to the operating companies to provide the required source data necessary for the elaboration of the investment project and the conditions for joining the networks of the technical infrastructure. Within 14 days of receipt of the application, the operating companies shall provide ex officio the competent authority with the source data required in the application, necessary for the design and the conditions for accession.
Output data and connection conditions contain the technical parameters and requirements of the respective company to the facilities in the connected object, a diagram indicating the way and the place of connection, the necessary easement zones of the connection facilities, the possible terms of connection as well as other data. Within three days after the submission of all baseline data from the operating companies, the competent authority under Art. 140, para. 7 shall notify the applicant, who may raise objections within three days. In the absence of objections within the term under para. 5 the competent body under Art. 140, para. 7 issues the visa for design. Where there are objections, the procedure is repeated and the applicant can not reopen. In the design visa, apart from the data under Art. 140 also includes the data provided by the operating companies and the conditions for connection to the networks of the technical infrastructure. The design visa is the basis for concluding contracts with the operating companies for the temporary water supply of the construction site during construction and / or for the temporary supply of the construction site - where the power supply is not secured, and contracts for connection to the networks of the technical infrastructure under the conditions specified therein, if, within one year of its entry into force, the contracting authority submits the investment project for approval and approval.
The initiated procedures for elaboration of drafts of development plans or of plans for amendment of development plans, which have not been completed before the enactment of this law with the issuance of an act for their approval, shall be terminated according to the procedure so far. Procedures have been initiated for which, prior to the entry into force of this Act, an authorization has been issued by the competent authority for the design of the project concerned. The initiated procedures for coordination and approval of investment projects and for issuance of a construction permit, which have not been completed before the entry into force of this law, shall be terminated according to the current procedure. Proceedings for which an investment project for coordination and approval by the competent authority and / or for issuance of a building permit has been initiated before the entry into force of this Act. A preliminary investment project agreed by the competent authority is also considered as initiated. The initiated procedures for issuance of visas for design until the entry into force of this law are completed according to the previous order. Procedures have been initiated for which a visa application for design has been filed before the entry into force of this Act.
Overcoming the consequences of the Interpretative Decision No. 4/2016 of the SCCS of the SCC aim to amend the Law on Counteracting Corruption and for Removing the Unlawfully Acquired Property. According to the interpretative act, the termination of the criminal proceedings for a crime referred to in the provision of Art. 22, para. 1 of the repealed Law on the Forfeiture of the Illegally Acquired Property is an absolute procedural obstacle to the existence and proper exercise of the right to a civil confiscation claim. In view of the danger of termination of such proceedings, the legislator reacted by introducing a rule in the opposite direction to exclude the link between criminal and civil proceedings. It states that they do not constitute a legal obstacle to the existence and proper exercise of the right of action for the revocation of the illegally acquired property for the benefit of the State the termination of the criminal proceedings or the enforcement of a sentence by which the defendant has been declared innocent for the offenses referred to in the provision of Art. 108, para. 1 of the new Law on Counteracting Corruption and for Removal of the Unlawfully Acquired Property. The unresolved investigations and proceedings before the court under the repealed Law on the Forfeiture of Assets Acquired from Criminal Activity as well as proceedings for establishing a conflict of interests and imposing administrative penalties are completed by the Commission so far to counteract corruption and to take away illegally acquired property. The unfinished inspections and proceedings before the court under the repealed Law on the seizure of the state of illegally acquired property are completed, however, by the order of the Law for Counteracting Corruption and for Removal of the Unlawfully Acquired Property.

State Gazette, issue 7 /January 22nd, 2019
Along with the adjustments to the civil confiscation order, the rules on the seizure of property under criminal law in line with the requirements of Directive 2014/42 / EU of the European Parliament and of the Council of 3 April 2014 on the securitisation and confiscation of proceeds and proceeds from criminal activity in the European Union. When the items are missing or alienated, their equivalence will be awarded. Forfeiture in favor of the State is subject to direct and indirect benefit acquired through the offense if it is not subject to return or recovery. Where the benefit is missing or expropriated, its equivalence is awarded. Direct benefit is any economic benefit that has occurred as an immediate consequence of the crime. Indirect benefit is any economic benefit that arises as a result of disposition of direct benefit as well as any property resulting from the subsequent full or partial conversion of direct benefit, including when it was mixed with property acquired from legal sources; of the seizure is subject to the value of the direct benefit included together with the increases in the assets if they are directly related to the disposal or conversion of the direct benefit and the inclusion of the direct benefit in the property. The National Statistical Institute will collect from the competent authorities and provide the European Commission with the statistics under Art. 11 of the transposed directive.
Criteria for new activities related to unregulated alcohol production. Any person who produces or keeps alcohol, alcoholic beverages or tobacco products without a duly authorized license shall be punished by imprisonment of one to six years and a fine of twenty thousand to one hundred thousand levs, as well as disqualification Art. 37, para. 1, item 7. Any person who, in violation of the established order, draws, holds or conceals objects, materials or cannons and technical equipment for which he knows or supposes that they were designed or used to build facilities for the production of alcohol, alcoholic beverages or tobacco products shall be punished by imprisonment of up to three years.
The Transitional and Concluding Provisions make changes to the Penal Procedure Code, the Customs Act, the Excise Duties and the Tax Warehouses Act . Where the pre-trial proceeding finds that the offense is prosecuted on the victim’s complaint, the criminal proceedings shall be suspended, the prosecutor informing the victim about his right to file a complaint under the procedure if the grounds under Art. 49 of the CCP. The accused has the right to be provided with general information facilitating his choice of defense counsel. He has the right to freely contact his defense counsel, meet him privately, receive advice and other legal assistance, including before and during the interrogation and any other procedural action involving the accused. The defendant explains the consequences of a protector’s refusal. The explanation as well as the reasons given by the accused party for the refusal of a defense counsel shall be reflected in the minutes of the relevant procedural action or in a separate protocol. The accused has the right at any time in the proceedings to withdraw his refusal from a defense counsel, and the procedural actions up to now have retained his procedural value. Where the detainee is a foreign national, the consular authorities of the State of which the detainee is a citizen shall be immediately notified, at his request, through the Ministry of Foreign Affairs. If the detainee is a national of two or more Countries, he / she may choose the consular authorities of which state to be informed of his / her detention and with whom he / she wishes to make a connection.
Notification to a specific person may be postponed for up to 48 hours when there is an urgent need to prevent serious adverse effects on the life, freedom or physical integrity of a person, or when action by investigative bodies is urgently needed. Impediment would seriously hamper the criminal proceedings. The postponement of this notification is applicable in the light of the particular circumstances of each particular case and does not go beyond what is necessary and is not based solely on the type or the gravity of the offense committed. The decision shall be taken by the prosecutor of the pre-trial proceedings, pronounced by a motivated decree. The order is subject to appeal by the accused or his defense counsel before the respective court of first instance. The court immediately examines the appeal alone in a court hearing and takes a decision which is final. In order to protect the best interests of the minor, the notification to a particular person under para. 4 (parents, guardians, director of the school where the detainee is a pupil) may be postponed for up to 24 hours when there is an urgent need to prevent serious adverse effects on the life, liberty or physical integrity of a person or where it is imperative to take action by investigative bodies whose impediment would seriously hamper the criminal proceedings. The postponement of this notification is applicable in the light of the particular circumstances of each particular case and does not go beyond what is necessary and is not based solely on the type or the gravity of the offense committed. In this case, the State Agency for Child Protection shall be immediately informed of the detention and deferment of the notification.