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 40 /May 5th, 2020
The Council of Ministers approved Regulations for the implementation of the Law on Public Enterprises, which entered into force at the beginning of the year. The regulations regulate: the content of the policy for the participation of the state in public enterprises and the procedure for its development, adoption and updating; the activity of the Agency for Public Enterprises and Control as a coordinating unit with regard to public enterprises and its relations with the bodies exercising the rights of the state and with public enterprises; the procedure for exercising the rights of the state in public enterprises; special rules for the conclusion of certain types of contracts by public undertakings; the main selection criteria, the conditions and the procedure for conducting the competition procedure for nomination of members of the management and control bodies; the assignment of management and control in public enterprises and the procedure for determining the remuneration of the members of the management and control bodies; the planning of the activity of the public enterprises and the reporting of the implementation; public disclosure of financial and non-financial information about enterprises; the principles of exercising the rights of the municipalities in the municipal public enterprises.
The policy for the participation of the state in public enterprises is developed by the Agency for Public Enterprises and Control in cooperation with the bodies exercising the rights of the state in public enterprises and other state organizations participating in its implementation and approved by the Council of Ministers. The Agency for Public Enterprises and Control proposes to the Council of Ministers updates of the Policy for the participation of the state in public enterprises periodically, at least once every four years, as well as when it finds that there are changes in the economic environment or other circumstances requiring a change in the approach. the state as an owner in public enterprises. The update is prepared on the basis of the annual reviews of the current policy or on the proposal of the relevant Minister of Industry. When developing and updating the Policy for the state’s participation in public enterprises, the Agency for Public Enterprises and Control conducts public consultations and performs the functions defined in the Public Enterprises Act of a coordinating unit with regard to public enterprises.

State Gazette, issue 44 /May 13th, 2020
The transition from the measures in the state of emergency to their implementation in accordance with the current epidemic situation is regulated by Amendments in the Health Act. Persons suffering from and carriers of cholera, plague, smallpox, yellow fever, viral haemorrhagic fevers, diphtheria, typhoid fever, polio, brucellosis, anthrax, malaria, severe acute respiratory syndrome, COVID-19 are subject to mandatory isolation and / or hospital treatment and bacillus tuberculosis. The contact persons of the persons suffering from the listed infectious diseases are also subject to obligatory quarantine. In order to prevent their spread to compulsory quarantine, persons who have entered the territory of the country from other countries may also be subject. The Minister of Health, upon a proposal of the Chief State Health Inspector, may by order mandatory isolation of persons suffering from contagious diseases other than those indicated and of infectious agents, as well as mandatory quarantine of persons in contact with them. The order determines the term of the obligatory isolation and treatment, respectively of the obligatory quarantine in accordance with the epidemic risk of the spread of the contagious disease. The obligatory isolation and hospital treatment of the persons is carried out with a prescription of the director of the respective regional health inspection on the proposal of the doctor, who referred the person for hospitalization. The obligatory isolation and / or treatment of the persons can be performed at home with a prescription of the director of the respective regional health inspection on the proposal of the attending physician on the basis of an assessment of the existing epidemic risk. The obligatory quarantine is carried out with a prescription of the director of the respective regional health inspection or of an official authorized by him.
The Minister of Health, upon a proposal of the Chief State Health Inspector, shall determine by an order the term of the obligatory isolation and the treatment and the obligatory quarantine in accordance with the epidemic risk of the spread of the contagious disease. The contact persons may not refuse to perform an examination in order to establish the carrier of a contagious disease. The Minister of Health approves a sample of the prescriptions, which are subject to appeal before the respective administrative court by the order of the Administrative Procedure Code. The orders for the prescriptions are general administrative acts, which are issued by the order of art. 73 of the Administrative Procedure Code, are published on the website of the Ministry of Health and are subject to preliminary execution.
In case of imminent danger to the life and health of the citizens from the epidemic spread of a contagious disease, in order to protect and preserve the life and health of the citizens, an emergency epidemic situation is declared. An emergency epidemic situation is declared for a certain period of time by a decision of the Council of Ministers on a proposal of the Minister of Health on the basis of an assessment of the existing epidemic risk performed by the Chief State Health Inspector. In case of an declared epidemic emergency, the Minister of Health introduces by order temporary anti-epidemic measures at the proposal of the Chief State Health Inspector for the territory of the country or for a separate district. The measures may also include a ban on entry into the territory of the country of citizens of other countries, with the exception of citizens with permanent, long-term or long-term residence on the territory of the Republic of Bulgaria, as well as members of their families. The measures may also include temporary restriction of movement on the territory of the country, as well as temporary suspension or restriction of the operation or mode of operation of public facilities and /or services provided to citizens. Temporary anti-epidemic measures may also be introduced by order of the director of the respective regional health inspectorate in coordination with the chief state health inspector for the territory of a separate district, municipality or settlement. The medical and health establishments, regardless of their ownership, are obliged to implement the introduced measures, and the state and municipal bodies create the necessary conditions for their implementation. The orders for their imposition are general administrative acts, which are issued by the order of art. 73 of the Administrative Procedure Code, are published on the website of the Ministry of Health, respectively on the website of the regional health inspection, are subject to preliminary execution and appeal to the relevant administrative court under the Administrative Procedure Code.
The transitional and final provisions also introduced amendments to the Law on Measures and Actions during the State of Emergency, declared by a decision of the National Assembly of March 13, 2020. Within two months after the lifting of the state of emergency against individuals, all announced public sales are suspended. and introductions into possession, announced by public and private bailiffs, after which they are rescheduled without any fees or costs. At the request of the natural person, made before the expiration of the term under sentence one, the public sales, respectively the introductions into possession shall be rescheduled, without any fees and expenses being due. During the state of emergency and two months after its abolition, no attachments shall be imposed on the bank accounts of municipalities for two months after the state of emergency has been lifted. Up to two months after the lifting of the state of emergency in case of delay in payment of obligations of private legal entities, debtors under credit agreements and other forms of financing provided by financial institutions under Art. 3 of the Credit Institutions Act, with the exception of the bank’s subsidiaries, including when the receivables have been acquired by banks, financial institutions or third parties, no default interest and penalties are charged, the obligation cannot be declared prematurely due and the contract is not may be spoiled due to default. During the state of emergency and two months after its abolition, 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 use decisions, respectively to issue orders for reduction of the installments for rent and for use or for exemption from their payment in full or in part by natural and legal persons - tenants or users who have limited or ceased their activity in the property as a result of the measures and restrictions, imposed during the state of emergency. The above circumstances are established by financial and other documents certifying the restriction or termination of the activity of natural and legal persons - tenants or users. The amendments have also been introduced in other laws related to the sectors and activities affected by the emergency.