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 44 /June 4th, 2019
A further acceleration of the expropriation of private property for state purposes, with the restriction of the property owners’ rights, foresees amendments to the State Property Act. Within 7 days of receiving a request from the authority issuing the instrument of alienation and / or the investor, the court in closed session will allow the preliminary execution of the instrument of alienation, where necessary, in order to protect particularly important state or public interests. , subject to the following conditions: 1. with effective detailed development plan the property is earmarked for the construction of a national site or an object of national importance within the meaning of the Spatial Planning Act; 2. the property is not the sole home of the owner; 3. the compensation determined by the act has been paid into the account of the entitled persons, and in the cases under Art. 39a, para. 1, as well as in cases where no account has been provided by the entitled persons - to the account of the regional governor. With the order for admission of preliminary enforcement, which is final, the court also determines a monetary guarantee in the amount of one-third of the compensation paid by the investor.
The investor may be in possession and obtain a building permit after the guarantee has been lodged with the account of the regional governor. The entry of the investor into the ownership of the property is carried out at his request by the regional governor or by an official authorized by him. Prior to the introduction, a protocol is drawn up describing the actual state of the property by a commission, which includes an authorized representative of the regional governor and the investor, and, when it concerns agricultural land or forest territory, a representative of the Ministry of Agriculture, Food and Forests; the commission also includes an appraiser, entered in the register of the House of Independent Appraisers, depending on the purpose of the property; the expenses for the inventory of the property are borne by the investor. The Regional Governor shall issue an order defining the composition of the commission and specifying the type, location and number of the property, the owner of the property and the date and time of the inventory of the property, which shall be communicated to the owner of the property in accordance with the Administrative Procedure Code 7 days before the date on which the inventory will be made.
The minutes are signed by the members of the commission and the owner of the property. In case of refusal of the owner to sign the record, this circumstance shall be verified by the signatures of two witnesses, with the record of their three names, exact address and unique civilian number and it shall be considered served from the date of its drawing up. When the owner of the property is duly notified of the inventory and does not appear, actions can be taken and the record drawn up in his absence; a copy of the report shall be handed over to the owner in accordance with the Administrative Procedure Code, and the factual findings reflected therein shall be considered true until proven otherwise. The Regional Governor’s order and the entry protocol are not subject to appeal. The guarantee provided by the court serves to pay the court’s increased amount of the compensation under the expropriation act, as well as the benefits for the temporary use of the property. In case the preliminary execution of the investor is approved, the building permit is issued. The building permit is issued to the investor of the site - the contracting authority within the meaning of the Spatial Planning Act. The investor of the site owes to the property owners compensation for the lost benefits from the date of taking possession of the property until the decision to alienate the respective
Transitional provisions amend the Investment Promotion Act on the right of the Council of Ministers to approve proposals by the Minister of Economy to designate industrial zones or technological parks with the necessary technical infrastructure to attract investments for national sites within the meaning of the State Law property. The legal definition of the term “industrial zone” is given as a set of one or more neighboring land properties located in territories for which, according to the spatial plan, the purpose for production activities has been determined. Industrial zones or technology parks with the necessary technical infrastructure to attract investment can be designated as national sites within the meaning of the State Property Act.

State Gazette, issue 47 /June 14th, 2019
Amendments to the Copyright and Related Rights Act provide for more effectiveness against violators. Prior to the entry of mediators, the Minister of Culture or the Deputy Minister empowered to do so will request an opinion from the registered collecting societies and representative user organizations. The opinion shall be delivered within 14 days of receipt of the request. Lack of opinion does not stop the entry procedure. Collective rights management organizations, when bringing claims or seeking enforcement of measures, should not establish individual management rights, respectively for protection, for their members and for related foreign collective management organizations.
Violations shall be established by an act drawn up by officials designated by order of the Minister of Culture. Officials 1 have the right to: carry out on-the-spot checks and documents; require access to controllable sites; require the documents necessary to carry out the checks; seize durable tangible media containing objects of law related to the offense; use automated controls to detect violations; use a specialist - technical assistant; make binding orders to eliminate inconsistencies and violations of the law; require assistance from the authorities of the Ministry of the Interior, municipalities and mayoralties in, or in connection with, the inspections. The use of automated means of control is determined by an order of the Minister of Culture or a deputy minister authorized by him.
The inspected person shall: provide unimpeded access to the inspected sites; assist the inspection officials; provided the requested documents, durable material media containing objects protected by law, and other evidence. Where the offender is a sole proprietor or a legal person, the act establishing the administrative infringement shall be served against the signature of the trader, the legal representative of the legal person or his authorized person. When drawn up in the absence of the offender, the act shall be sent: by hard copy by registered mail with registered return receipt to the management or correspondence address entered in the relevant register kept by the Registry Agency or as an electronic copy of the paper by electronic means a message signed with a qualified electronic signature under the Electronic Document and Electronic Certification Services Act, to the email address specified in the regulatory register in which the addressee is entered, or to the address in the information safeguard service system; the sending of the electronic message shall be certified by an electronic time stamp under Chapter III, Section 6 of Regulation (EU) No 910/2014, or by reproduction of the electronic image of the message on paper, with its identity verified by the signature of the official on each page and attached to the file.
The document sent by post shall be deemed to have been served on the date on which the return receipt was signed by the trader, the legal representative of the legal person or their proxy or employee designated to receive papers and communications. An act sent by e-mail shall be considered returned when, within 7 days of sending the e-mail, the addressee sends an acknowledgment of receipt by means of a return e-mail, activation of the e-link or its withdrawal from the secure service information system. When the act is served with a return receipt and an email, the later date shall be considered as the date of service. Where the act cannot be served in this order, a notice of its drafting shall be posted immediately on the notice board and on a special section of the Ministry of Culture’s website visible on initial loading. The message shall also indicate the date of its attachment. If the person does not appear at the Ministry of Culture for submission and signature of the act within 14 days after the message is delivered, the act-maker shall note this in the act, the latter shall be attached to the file and shall be considered regularly served on the day of the recording
A copy of the penal decree shall be served against the signature of the offender. Where the criminal decree cannot be served on the sole proprietor or the legal person at the address given by him or at the address of management or correspondence entered in the relevant register kept by the Registry Agency, the same notification procedure shall apply, including in the event of refusal to received a copy of the penal decree.

State Gazette, issue 51 /June 28th, 2019
Business decentralization and speed in controlling grant recipients provide for amendments to the Farmers Support Act. Relations between the State Fund for Agriculture and the recipients of loans, state aids, grants, guarantees and subsidies are governed by administrative contracts or administrative acts. The Executive Director of the Fund may delegate, by order, part of the powers conferred on him by the Management Board to conclude administrative contracts and / or to issue administrative acts to the Deputy Executive Directors and to the Directors of the Regional Directorates of the Fund. The Executive Director issues acts for establishing public claims under the Tax and Social Insurance Procedure Code and decisions for imposing financial corrections pursuant to Chapter Five, Section III of the European Structural and Investment Funds Management Act. The Executive Director may, by order, delegate these powers to the Deputy Executive Directors and to the Directors of the Regional Directorates of the Fund.
The obligation to recover repayable financial aid due to breach by beneficiaries and beneficiaries of measures and sub-measures of rural development programs, which is the basis for imposing a financial correction under the European Structural and Investment Funds Management Act, shall be established by issuing a decision for imposing a financial correction under the procedure of the same law. The eligibility of a repayable grant for failure to comply with eligibility criteria, commitment or other obligation on the part of the beneficiaries of the aid and the beneficiaries of the rural development programs and sub-measures shall be established by the issuance of an act establishing a public state receivable under the procedure of the Tax and Social Insurance Procedure Code. The appeal of the acts for establishing public state receivables issued by the Executive Director of the State Fund for Agriculture or by the officials authorized by him shall not suspend their enforcement. The Executive Director of the Paying Agency shall approve, by order, rules for determining the amount of recoverable grant, taking into account the extent, gravity, duration and systematic nature of the infringement of applicable European Union law, Bulgarian law and the administrative contract concluded. The order and the rules shall be promulgated in the State Gazette.