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 34 /April 9th, 2020
Rapid amendments in accordance with the reported omissions are provided in the Law on Measures and Actions during the state of emergency. The acts of the Minister of Health for the introduction of temporary measures and restrictions will be subject to preliminary implementation. The scope of exceptions to the extension of administrative deadlines by one month after the lifting of the state of emergency has been extended. It will not apply to proceedings related to public procurement, concession procedures, proceedings under the European Structural and Investment Funds Management Act, proceedings under Chapter Three of the State Property Act and under Chapter Three of the Municipal Property Act. , the proceedings under the Law for support of the agricultural producers, the proceedings under the Law for the ownership and use of the agricultural lands, the proceedings under the Law for the forests, the proceedings under For -one for the implementation of the common organization of agricultural markets in the European Union in January, proceedings Veterinary Medicine Act, proceedings under the Law on Spatial Planning and proceedings under the Protection of Competition. The exceptions also apply to the proceedings under the relevant by-laws.
A provision has been explicitly introduced that during the state of emergency the fulfillment of the obligation to hand over a child or to subsequently return the child under the procedure of the Civil Procedure Code is not suspended. Until the lifting of the state of emergency in case of delay in payment of obligations of private entities, debtors under credit agreements and other forms of financing (factoring, forfeiting, etc.), provided by banks and financial institutions under Art. 3 of the Credit Institutions Act, including when the receivables are acquired by other banks, financial institutions or third parties, and under lease agreements, interest for delay and penalties are not charged, the obligation cannot be declared prematurely due and the contract cannot to be damaged due to non-performance, and items cannot be seized. Until the state of emergency is lifted, state and local authorities, councils, committees, commissions, including the management or control bodies of funds, accounts and other non-legal entities, may hold distance meetings, ensuring direct and virtual participation in compliance with the requirements for quorum and personal voting, or to take decisions in absentia. A minutes shall be drawn up for the meeting. For outstanding issues, special laws and implementing acts apply.
Until the state of emergency is lifted, open court hearings, including those of the Competition Commission, may be held remotely, ensuring the direct and virtual participation of the parties and participants in the proceedings and proceedings respectively. Minutes shall be prepared for the meetings held, which shall be published immediately, and the minutes of the meeting shall be kept until the expiration of the term for correction and supplementation of the minutes. The court or the Commission for Protection of Competition shall notify the parties when the hearing will be held at a distance. Until the lifting of the state of emergency by decision of the Council of Ministers, the ministers, district governors and heads of other departments that have leased or used state-owned property, or municipal councils that have leased or used municipal property may adopt decisions , respectively, issue orders to reduce the amount of the rent and use fees or the exemption from their payment, in whole or in part, by individuals and legal entities - tenants or users who are restricted sought or ceased their activities as a result of measures and restrictions imposed during the state of emergency. Until the lifting of the state of emergency, the National Health Insurance Fund and the Bulgarian Medical Union, respectively the Bulgarian Dental Union, may sign an annex to the relevant national framework contract, which contains payment for work under unfavorable conditions during the declared state of emergency of medical care providers. dental care, terms and conditions for payment and methodology for determining the amount.
Wartime stocks may be released by decision of the Council of Ministers or a body authorized by him for sale by the State Agency for State Reserves and Wartime Stocks or for free provision to meet the needs of the national economy and population. The decision is made on the proposal of the chairman of the State Agency of the State Reserve and Wartime Stocks in agreement with the Minister of Defense upon a reasoned request from a state body. On the basis of the decision, the President of the Agency shall issue a subsequent transfer order. At the request of a state body, the chairman of the State Agency for State Reserves and Wartime Stocks may provide hospital-household property or other property representing reusable assets for gratuitous temporary use. Following the lifting of the state of emergency, the assets shall be reimbursed to the Agency in a condition that allows for subsequent use as intended, under conditions and in accordance with the procedure laid down by order of the President of the Agency.
Until the revocation of the state of emergency, when carrying out a procedure for another investigation, the term under Art. 52, para. 2 of the Classified Information Protection Act may be extended for another 30 days, in which case the permits for access to classified information shall remain valid until the completion of the procedure. The terms under Art. 102, para. 1 and 2, Art. 104, para. 2 and 4, Art. 106, para. 4 and 5 and § 6, para. 1 and 2 of the transitional and final provisions of the Law on Measures against Money Laundering shall cease to run until the lifting of the state of emergency. The persons under Art. 4, item 28 of the Law on Measures against Money Laundering, which do not fall into another category of obligated entities under Art. 4 of the same law, for which the obligation to prepare a risk assessment under Art. 98, para. 4 of the same law, adopt the rules under Art. 101 of the same law within 4 months after the cancellation of the emergency.
A tour operator who has to refund a sum paid by a traveler for a tourist trip when it has been canceled due to a declared state of emergency may offer the traveler a voucher for the amount paid. If the traveler does not accept the voucher and in the absence of another agreement for a tourist package - a substitute, between the tour operator and the traveler, the tour operator refunds no later than one month from the date of cancellation of the emergency, all payments received from the traveler or on his behalf.
An Annex to Art. 3, item 1 of the law on the proceedings and cases on which the terms do not stop running:
Criminal court proceedings: 1. The cases under Art. 64 and Art. 65 of the Criminal Procedure Code and under Art. 270 of the Code of Criminal Procedure; 2. The cases under art. 66 of the Code of Criminal Procedure; 3. The cases under art. 67 of the Code of Criminal Procedure; 4. The cases under art. 68 of the Code of Criminal Procedure; 5. The cases under art. 69 of the Code of Criminal Procedure; 6. The cases under Art. 70 of the Code of Criminal Procedure; 7. The measures under art. 72 and Art. 73 of the Code of Criminal Procedure; 8. Interrogation of an accused before a judge under Art. 222 of the Code of Criminal Procedure; 9. Examination of a witness before a judge under Art. 223 of the Code of Criminal Procedure; 10. The cases under art. 427 of the Code of Criminal Procedure; 11. The cases under Chapter Five, Section II of the Health Act; 12. Cases under the Extradition Act and the European Arrest Warrant on requests for the detention or transfer of persons; 13. Cases under the Law on Recognition, Enforcement and Submission of Judgments for Imprisonment or Measures Including Imprisonment; 14. The cases under art. 7 of the Decree for combating petty hooliganism; 15. The cases under art. 225, para. 6 of the Criminal Code; 16. The cases under art. 326, para. 2 of the Criminal Code; 17. The cases under art. 355 of the Criminal Code; 18. The cases initiated on the requests under the Special Intelligence Assistance Act and Art. 159a of the Code of Criminal Procedure; 19. The procedural actions by the order of art. 146, Art. 158, Art. 161, Art. 164 and Art. 165 of the Code of Criminal Procedure; 20. The cases on appeal or protest of penal decrees, issued during or on the occasion of the state of emergency; 21. The cases under art. 437 of the Code of Criminal Procedure for Early Release under Art. 70 and 71 of the Criminal Code.
II. Civil and commercial court proceedings 1. Cases for the exercise of parental rights only concerning interim measures; 2. Cases under the Domestic Violence Protection Act only concerning an order for immediate protection or amendment thereof, as well as in cases where the request for protection is rejected; 3. Permits for withdrawal of child deposits; 4. Precautionary proceedings; 5. Prosecution cases; 6. Requests under the Electronic Communications Act and Art. 19, para. 6 in connection with para. 5 of the Commercial Register Act and the register of non-profit legal entities in connection with Art. 536 of the Code of Civil Procedure; 7. The cases under art. 62, para. 3 of the Credit Institutions Act.
III. Administrative court proceedings 1. The cases under Art. 60 and Art. 166 of the Administrative Procedure Code; 2. The cases under art. 75 and Art. 157 of the Tax Insurance Procedure Code; 3. The cases under art. 72 of the Ministry of the Interior Act; 4. Precautionary proceedings; 5. Prosecution cases; 6. The cases under Art. 111 of the Law on Execution of Sentences and Detention; 7. The cases under art. 252 of the Administrative Procedure Code; 8. The cases under the Public Procurement Act; 9. The cases under the Concessions Act; 10. Cases under the European Structural and Investment Funds Management Act; 11. The cases under Chapter Three of the State Property Act and Chapter Three of the Municipal Property Act; 12. Electoral Code Cases; 13. Actions for challenging acts for establishing public claims; 14. The cases under art. 215 of the Spatial Planning Act, related to contesting acts for issued construction permits and for approved and / or amended detailed development plans; 15. Cases on appeal or protest of administrative acts, issued during or on the occasion of the state of emergency; 16. The cases under Chapter Thirteen of the Administrative Procedure Code.
The terms under Art. 3, item 1 and item 2 regarding “other terms” in the current wording and under the repealed item 3, suspended from the declaration of the state of emergency until the entry into force of this law, shall continue to run after the expiration of 7 days from its promulgation in State Gazette. Actions taken from the declaration of a state of emergency until the entry into force of this law shall remain valid.

State Gazette, issue 38 /April 24th, 2020
Correct calculation of consumer bills according to natural gas prices is aimed at amendments in the Energy Act. The prices subject to regulation by the State Agency of Energy Regulation will be approved on a monthly basis and will apply from the first day of the month for which they are approved. Public natural gas supplier pursuant to European Commission Decision C (2018) 258 of 24 May 2018 in case AT.39816 - Supply of gas upstream in Central and Eastern Europe, and concluded Supplement No 13 of 2 March 2020 to Contract No. 02-12-13 of November 15, 2012 between Gazprom Export and Bulgargaz JSC for the supply of natural gas, reimburses amounts under contracts for the supply of natural gas as follows: 1. for the period from August 5, 2019 to December 31, 2019 - to final suppliers of natural gas and customers connected to gas transmission the core network, including persons who have been issued a license for production and transmission of heat; 2. for the period from January 1, 2020 to March 31, 2020 - to end suppliers of natural gas and to persons licensed for the production and transmission of heat. Within 30 days from the entry into force of the changes, the State Agency of Energy Regulation shall adopt decisions for approval of the natural gas prices at which the public supplier sells natural gas, based on the submitted applications, for each period from August 5, 2019 to March 31. 2020 The Energy and Water Regulatory Commission, by the decision for the relevant period, also changes the prices at which natural gas end-suppliers sell to customers connected to the respective gas distribution networks, in accordance with the price of the public supplier selling natural gas Mr. gas, approved by this decision. Within 7 days from the entry into force of the changes, the final suppliers shall submit to the Commission for Energy and Water Regulation information and evidence for the quantities of natural gas purchased during the respective periods under para. 2 for sale to customers. When a final supplier of natural gas in this period purchased natural gas not only from the public supplier, for this period the prices at which the final supplier sold natural gas to end customers are changed taking into account only the quantities of natural gas purchased by the public supplier and the decision for the relevant period. Where a final supplier of natural gas has not purchased natural gas from the public supplier during this period, for this period the prices at which the final supplier has sold natural gas to end customers shall not change.
State Agency of Energy Regulation adopts a decision for approval of heat prices and for determination of preferential prices and premiums for electricity produced in a highly efficient combined manner by plants with combined production of electricity and heat, taking into account only the quantities of natural gas purchased by the public supplier and decisions for the respective periods. The approved prices are for the purposes of calculating the amounts that the public supplier of natural gas, final suppliers of natural gas or persons who have been issued a license for production and transmission of heat, reimburse to customers for the supply of natural gas, respectively heat. Within 20 days from the adoption of the relevant decisions, the public supplier shall calculate the amounts to be reimbursed under contracts for the supply of natural gas to end users as the difference between the amounts paid for the delivered quantities at the prices approved by the Energy and Water Regulatory Commission. the entry into force of this law, and at the prices approved by the respective decisions, and concludes an agreement for their restoration. The public provider shall reimburse the amounts within 14 days from the conclusion of the agreement.

Intensified electronic exchange of documents is regulated by changes in the Commercial Register Act and the Register of Non-Profit Legal Entities. The state fee for announcing the acts under Art. 6, para. 3 (the acts under Art. 38, para 1, 3, 5 and para 9, item 2, letter “a” of the Accounting Act). The applications for announcement of the annual financial statements and the annual activity reports shall be submitted electronically in a manner and manner according to Art. 20, para. 5 of the Law on Statistics. The applications for announcing the declarations under Art. 38, para. 9, item 2, letter “a” of the Accountancy Act may also be submitted electronically. For the proceedings for announcing annual financial reports and annual activity reports declared before the commercial register and the register of non-profit legal entities, which have not been completed by the entry into force of this law, the circumstance that the acts under Art. 38, para. 1 of the Accounting Act have been adopted by the general meeting of the partners or shareholders or by the respective body, shall be certified only by the declaration under art. 13, para. 4.
The transitional and final provisions set out similar rules for electronic exchange under the Personal Income Tax Act, the Corporate Income Tax Act, the National Revenue Agency Act. In addition to the Law on Measures and Actions during the state of emergency, access to Bulgarian food products in the trade network is regulated and expanded. Until the abolition of the state of emergency, an act of the Council of Ministers may introduce temporary measures for protection of the production of food produced on the territory of the Republic of Bulgaria, its trade and placing on the market in chains of shops. Chain of stores are self-service retail outlets for food and non-food retail, where trade is conducted on behalf of and at the expense of one person;. A person who violates these requirements in a commercial site shall be imposed a property sanction in the amount of BGN 15,000 to 25,000, and in case of repeated violation in the same site - a property sanction in the amount of BGN 30,000 to 50,000. , committed within three months from the entry into force of the penal decree, which imposed a penalty for the same type of violation in the same commercial site. Violations shall be established by acts drawn up by officials authorized by the Executive Director of the Bulgarian Food Safety Agency or by the Director of the respective Regional Directorate for Food Safety. Penal decrees are issued by the executive director of the Bulgarian Food Safety Agency or by the director of the respective regional food safety directorate. The act establishing the violation may introduce a temporary ban on the import of certain foods from countries that are not members of the European Union, in compliance with international agreements to which the Republic of Bulgaria is a party.