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State Gazette, issue 86 /October 6th, 2020
Regulation of the information system of judicial enforcement introduce amendments in the Judiciary System Act. The establishment and maintenance of the information system is in the competence of the Ministry of Justice,and the Minister of Justice determines by an ordinance the right of access to the data and the data that are collected and entered. Bailiffs are obliged to send daily data from the incoming register, the outgoing register, the register of filed cases, respectively the inventory book, and the diary of the performed actions to the information system of the enforcement. The data may be submitted automatically by the information systems used by the respective bailiffs, and shall be submitted in the order and in the format determined by the ordinance. Through the information system of the enforcement, the Ministry of Justice provides electronic administrative services to the participants in the enforcement proceedings in compliance with the requirements of the Electronic Government Act. The access to the information system ex officio of the state bodies, the bodies of the local self-government and the local administration and the persons, who are assigned to exercise the public function, is free of charge. Based on the data contained in the information system, the Ministry of Justice provides electronic administrative services for inquiries on the movement of enforcement cases electronically to persons who have a legal basis for access to information. The services are ordered through the electronic portal of the Ministry of Justice, and for their provision fees are collected in amounts determined by a tariff of the Council of Ministers. When carrying out inspections of the activity of bailiffs, the inspectors from the Inspectorate of the Minister of Justice may use the electronic system. With an addition to the Law on Private Bailiffs, the same are obliged to submit data in the information system of the bailiff on a daily basis in the order and in the format determined by the ordinance.
The Information System “Unified Register of Expert witnesses” is also established at the Ministry of Justice, which contains the data entered in the lists of specialists approved as experts under Art. 398, para. 1 and 2 of the JSA. The data shall be entered in the register by order of the respective administrative heads in the bodies of the judiciary immediately after the approval of the lists.
The elected members of the Supreme Judicial Council will be able, after the end of their term, to hold a higher position than the one held before him. As a general rule, upon the expiration of the term of office or its early termination, the elected member of the Supreme Judicial Council who has applied to the relevant panel within 14 days from the day of expiration or early termination of the term of office shall be reinstated as a judge, prosecutor or investigator. occupied before the election or on an equal footing. Elected member of the Supreme Judicial Council who meets the requirements of Art. 164 of the JSA and in the presence of a positive complex assessment “very good” from the last conducted attestation before the election, may be appointed to a position one degree higher than the position held before the election in the judiciary. The time during which the person has been a member of the Supreme Judicial Council is considered a magistracy.

State Gazette, issue 89 /October 16th, 2020
Тhe Asylum and Refugees Act provides ammendments for supplementing and refining the regime for granting refugee status. Alien status shall not be granted to a person benefiting from the protection or assistance of United Nations bodies or organizations other than the United Nations High Commissioner for Refugees, except in cases where such protection or assistance has been terminated and the person’s situation has not been established in accordance with the relevant United Nations resolution; this person may enjoy the privileges deriving from the 1951 Convention relating to the Status of Refugees. With regard to the safe country of origin factor, a requirement has been introduced to assess whether the person has given serious grounds that country is not considered to be a safe country of origin in view of its specific circumstances. Refusal in the presence of a safe third country in which the applicant will be accepted is an independent ground for rejecting the application as manifestly unfounded only if the following conditions are met: there is a link between the alien and the third country justifying his return in an individual security check in the country for the respective foreigner; the alien is provided with a document in the language of the third safe country informing the relevant authorities that his / her application has not been examined on the merits. In case of non-admission of another’s money to the territory of the third safe state, he is provided with access to proceedings for granting international protection in the Republic of Bulgaria.
Proceedings for granting international protection are terminated when: after a proper invitation, the alien does not appear for an interview and within 30 days does not indicate objective reasons for his / her absence; the foreigner cannot be found twice at the permitted address or at another address indicated by him; the foreigner changed his address without notifying the State Agency for Refugees and within 30 days did not indicate objective reasons for this; three or more times the foreigner refuses to assist the officials of the State Agency for Refugees in clarifying the circumstances related to his application; the foreigner withdraws his application for international protection; the foreigner has been granted international protection in another member state of the European Union; the foreigner received asylum from the president; 8. the foreigner dies; in the case of a foreigner, a decision has entered into force authorizing his transfer to another Member State of the European Union. International protection granted is terminated when the alien: can no longer waive the protection of his country of origin because the circumstances giving rise to fears of persecution have ceased and the change in these circumstances is sufficiently significant and not temporary. character; voluntarily avails himself of the protection of his country of origin; once he has lost his nationality, regained it or acquired a new nationality in another country; acquire Bulgarian citizenship; voluntarily established himself in the State in which he was persecuted; 6. receive asylum from the President; has unequivocally refused to be recognized as a person with international protection in the Republic of Bulgaria; die. Termination shall not apply where the alien has given compelling reasons arising from a previous persecution for refusing to benefit from the protection of his country of origin.
An unaccompanied minor or juvenile alien seeking or receiving international protection who is on the territory of the Republic of Bulgaria shall be represented in the proceedings under this law by a lawyer entered in the legal aid register of the National Legal Aid Bureau appointed by the bureau chairman or by an official authorized by him. The representative must have the necessary knowledge to be able, in accordance with the principle of ensuring the best interests of the child, to assist the unaccompanied minor or minor alien to exercise his rights and fulfill his obligations under this law. The representative may not be a person whose interests are in conflict or may be in conflict with the interests of the unaccompanied minor or minor alien. The representative of the minor or minor alien seeking or receiving international protection until the person reaches the age of majority has the following powers in the proceedings under this law: to take care of his legal interests in the proceedings for granting international protection until their completion by an effective decision; to represent him before all administrative bodies, including social, health, educational and other institutions in the Republic of Bulgaria, in order to protect the best interests of the child; to act as a procedural representative in all proceedings before administrative and judicial authorities. These powers shall be terminated in respect of an unaccompanied minor or minor alien who has received protection: when he / she gathers on the territory of the Republic of Bulgaria with a parent, guardian or trustee; when he has received special representation and care under the Family Code; for whom guardianship or trusteeship has arisen by right under the Family Code.
The unaccompanied minor or minor alien shall be informed immediately of his or her designated representative. The representative is replaced only in case of impossibility to perform the duties or in case of conflict of interests. The representative shall explain to the unaccompanied minor or minor alien the proceedings on the application for international protection, inform him / her about his / her rights and obligations, about the meaning and consequences of the personal interview and how to prepare. The representative is present during the interview with an unaccompanied minor or a minor foreigner, where he has the opportunity to ask questions admitted by the interviewing authority and to state considerations related to the application for protection and the ongoing administrative proceedings. The territorial divisions of the State Agency for Refugees provide the necessary reception conditions for minors and minors seeking international protection. The State Agency for Child Protection monitors and controls the conditions of reception in the territorial divisions of the State Agency for Refugees for the observance of the rights of minors and foreign minors seeking international protection and the prevention of physical and mental violence, cruel, inhuman or degrading treatment. or punishment. When establishing the affiliation of an alien seeking international protection to a vulnerable group or with special needs, the needs are identified and assessed, and if necessary, a support plan is prepared.
An alien who has applied for international protection is registered with the State Agency for Refugees and a personal case is opened. When there is a reasonable suspicion that the foreigner is not a minor, the interviewing body appoints an expert to establish his age after the prior informed consent of the foreigner or his representative. The foreigner shall be provided with information on the method of conducting the expertise and the possible consequences of the result for the examination of the application for international protection, including in case of refusal to perform such expertise. The refusal of an alien to undergo an expert examination cannot be an independent ground for rejecting his application for international protection. If after the performance of the expertise under par. 2 there are still doubts about the age of the candidate, it is assumed that the same is a minor. The examination shall be carried out with full respect for human dignity, by choosing the least invasive methods of examination and shall be carried out by a qualified medical person, which enables the most reliable result. When there is a reasonable suspicion that the foreigner cannot take care of his / her affairs due to dementia or mental illness, the interviewer appoints a psychiatric examination. When examining an application for international protection at the discretion of the interviewing authority, the opinion of an expert on certain issues related to medical, psychological, cultural or religious aspects, children or gender may be sought. The interviewing authority may request that a medical examination of the alien be carried out with his or her consent in connection with traces that may be from past persecution or serious harm. The refusal of the foreigner to conduct a medical examination is not an obstacle to making a decision. The medical examination may be conducted at the initiative of the foreigner and at his expense.

State Gazette, issue 92 /October 27th, 2020
Amendments to the Patents Act and the registration of utility models are aimed at improving administrative services. Any person who, under this law, has the right to act before the Patent Office may do so in person, through a lawyer or through an industrial property representative. A person who is not established in the Republic of Bulgaria or in another Member State of the European Union, in a state party to the Agreement on the European Economic Area, or in the Swiss Confederation shall be obliged to act before the Patent Office through a lawyer or an industrial representative. All documents in the proceedings before the Patent Office shall be submitted in Bulgarian or with a translation into Bulgarian. Correspondence in connection with proceedings before the Patent Office shall be kept at an address in the Republic of Bulgaria, at an electronic address or through the portal for electronic services of the Patent Office, if possible. In case of change of the indicated address, the party to the proceedings shall notify the Patent Office within 7 days from the occurrence of the change. When the party to the proceedings before the Patent Office has not indicated an address in the Republic of Bulgaria, a notification shall be sent to the same, which shall provide it with at least 7 days from its receipt for indication of an address. Where no address is indicated, the rules for notification under the Administrative Procedure Code shall apply, unless otherwise provided in this law. When the party, which has initiated proceedings before the Patent Office, does not eliminate the irregularities in time, the same shall be terminated.
A regulation of industrial property representatives is created. They are natural persons with acquired or recognized professional qualification as a representative and are entered in the Register of Industrial Property Representatives. A representative is also a person entitled to practice the profession in another Member State of the European Union, in a state party to the Agreement on the European Economic Area or in the Swiss Confederation, as well as a person entered in the Register of Representatives of the European Patent Office. one-time or temporary services of a representative on the territory of the Republic of Bulgaria. The profession of representative may be exercised alone or jointly with other representatives in accordance with this law. A representative may act before the Patent Office only in respect of industrial property for which he has acquired the right to practice the profession, including when acting on behalf of a company or partnership. Requirements for exercising the profession of representative. The right to exercise the profession of representative has any natural person who: is a Bulgarian citizen or a citizen of another member state of the European Union, of a state party to the Agreement on the European Economic Area, or of the Swiss Confederation; holds a diploma for completed higher education with a master’s degree, issued by an accredited Bulgarian higher school, or a diploma for completed higher education with a master’s degree, recognized in accordance with Bulgarian legislation, obtained in a foreign higher school; representatives in the field of patents and utility models must have acquired the required educational degree in one of the professional fields of higher education “Natural Sciences, Mathematics and Informatics”, “Technical Sciences”, “Agricultural Sciences and Veterinary Medicine”, or in professional directions “Medicine”, “Dentistry”, “Pharmacy” or “Law”; has successfully passed an examination for the acquisition of a professional qualification as a representative in the field of patents, utility models and / or in the field of trademarks, industrial designs and geographical indications or has been recognized as such; is entered in the Register of Industrial Property Representatives. A person who: is a civil servant cannot be a representative; works in an employment relationship, except as a teacher in a higher school; has been convicted of an intentional crime of a general nature and has not been rehabilitated; is placed under interdiction.
Professional qualification for a representative is acquired by passing an examination before a commission appointed by an order of the Chairman of the Patent Office. The commission consists of at least 5 members and includes at least one habilitated representative of the academic community. The President of the Patent Office shall issue a decision for admission to an examination or a reasoned refusal. The refusal may be appealed under the Administrative Procedure Code. The appeal does not suspend the examination of the other candidates. The exam is held at least once a year. Each candidate who has passed the examination is issued a certificate of acquired professional qualification for the profession of representative. The procedure for conducting the examination and the manner of assessment shall be determined by an act of the President of the Patent Office and shall be published on the website of the Office. Training for acquiring professional qualification The Patent Office organizes training for acquiring professional qualification for a representative at least once a year. Certificates are issued to those who have completed the training. The minimum requirements for the scope of training shall be determined by an act of the President of the Patent Office and shall be announced on the website of the Office. A similar procedure is regulated for persons who have acquired the right to practice the profession of representative in another Member State of the European Union, or in a state party to the Agreement on the European Economic Area, or in the Swiss Confederation, as well as citizens of a Member State of the European Union. , entered in the Register of Representatives of the European Patent Office, who are established in the Republic of Bulgaria and wish to practice the profession permanently. Both the rights and obligations and the restrictions in the activity of the industrial property representatives are regulated.
Representatives and companies of industrial property representatives may unite their activities through a partnership agreement under the Law on Obligations and Contracts, insofar as the provisions of this law do not provide otherwise. The contract also specifies the boundaries of the association. The association of industrial property representatives shall be entered in the Register of Companies and Associations of Industrial Property Representatives. The contract is concluded in writing and the partnership is entered in the Register of companies and partnerships in industrial property at the request of the person who represents it under the contract. The contract must specify the general address of the participants in the partnership, which also serves as an address for correspondence with the partnership. The Patent Office maintains a Register of Industrial Property Representatives and a Register of Companies and Associations of Industrial Property Representatives. The registers are electronic and public and are available on the website of the Patent Office.