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Varadinov & Co.
Legal Bulletin

Varadinov & Co Attorneys at law is recognised in the IFLR1000
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State Gazette, issue 35 / April 27th, 2021
The Council of Ministers adopted amendments to the Regulations for the Implementation of the Public Procurement Act, which bring the by-laws in line with the amendments to the Public Procurement Act, in force since 1 January 2021. A significant part of the amendments relate to the mandatory use of The centralized automated information system “Electronic Public Procurement”. The provisions on signing, encrypting and storing the applications for participation and the offers until their opening in the platform have been specified. The rules for counting the deadlines for conducting orders have been specified. In order to support economic entities, it is accepted that by signing the application or offer through the functionality of the platform by a person with representative authority, all documents containing the will of this person are considered signed and the authenticity of the documents not submitted is confirmed. in original. The publicity in the disclosure of the submitted unit prices has been expanded - the candidates and the participants cannot refer to confidentiality regarding the price offer, as well as to the unit prices that form it. With regard to the application of e-procurement, it is specified that the application of a lot in the ranking of participants, as part of the evaluation phase, can be done both inside and outside the platform.
In order to unify the practice of application of the legislation in the field, provisions on the public announcement of the price proposals of the participants in the internal competitive selection under a framework agreement, the composition of the jury when conducting a project competition, declaring the personal status of the candidates orders in the fields of defense and security. The way of including specialists in the list of external experts, which the contracting authorities can use in the preparation and awarding of contracts, has also been changed. These actions will be performed and maintained entirely through the functionality of the platform. The new terms and conditions require that the data be entered personally by the experts, and that organizations and associations will only be able to provide recommendations for a specific expert from the list, but not to make proposals for its inclusion in it. Changes have also been made with regard to the external preliminary control carried out by the Public Procurement Agency, and as of July 2021 the exchange of documents between the contracting authorities and the PPA will be carried out through the platform.

State Gazette, issue 36 / May 1st , 2021
The 45th National Assembly adopted successive changes to the Electoral Code at the end of its term. Polling stations outside the country will be formed: where there is a diplomatic or consular mission; in the presence of not less than 40 voters who have submitted an application under Art. 16, para. 1; in elections for members of the European Parliament from the Republic of Bulgaria such sections are formed only in member states of the European Union; in the places where at least 5 polling stations were formed in elections held up to 5 years before the election day, in which not less than 100 voters voted; the list of seats shall be announced by the Central Election Commission not later than 50 days before the election day; in elections for members of the European Parliament from the Republic of Bulgaria such sections are formed only in Member States of the European Union; outside the places in the above hypotheses at the discretion of the heads of diplomatic and consular missions on the basis of the total number of applications submitted or the total number of voters in previous elections, including when the number of applications submitted for a particular place is less than 40; in elections for members of the European Parliament from the Republic of Bulgaria such sections are formed only in member states of the European Union; the heads of the diplomatic or consular missions of the Republic of Bulgaria shall send a motivated proposal to the Central Election Commission not later than 22 days before the election day.
In the electronic application for entry in the electoral roll at the current address, the voter shall enter his / her names by identity document, the type and number of the identity document, the date, place and authority of issuance, his / her unique civil number, number, such a signature is not required. The General Directorate for Civil Registration and Administrative Services verifies the data in the received electronic applications automatically at the same time as their submission. No signature is required for the electronic application.
The composition of the Central Election Commission, which will consist of 15 members, including a chairman, deputy chairmen and a secretary nominated by parliamentary parties and coalitions, has been reduced. The Central Election Commission is appointed by a decree of the President of the Republic after public consultations and a procedure determined by the President, on the basis of a proposal of the parties and coalitions represented in parliament. The proposals are announced on the website of the President of the Republic.
During the public consultations for the election of the CEC, the parliamentary parties and coalitions present to the President of the Republic: a motivated written proposal for the composition of the Central Election Commission, which contains the names of the nominees, a single civil number, position in the commission, education, specialty or the coalition proposing them, as well as declarations of consent of the persons to be proposed; a copy of the certificate of current legal status of the party as of the date of the consultations or of the decision to form the coalition, which certifies the credentials of the persons representing the party or coalition; power of attorney from the persons representing the party or the coalition, when authorized persons participate in the consultations. A protocol shall be drawn up for the results of the conducted consultations, which shall be signed by the participants in them. In case of refusal to sign the protocol, as well as when the protocol is signed with a special opinion, the reasons of the participants shall be applied.
The decisions of the Central Election Commission may be appealed before the respective administrative court within three days of their announcement. The court shall consider the appeal and shall issue a decision within three days of its receipt, summoning the appellant, the Central Election Commission and the interested parties. The decision of the court is announced immediately and can be appealed to the Supreme Administrative Court within three days of its announcement.
Candidates, advocates and representatives of parties, coalitions and initiative committees, observers may be present at the acceptance and verification of the protocols of the sectional election commissions and transfer of the data from the recording technical device to the district election commission - in compliance with the requirement of Art. 114, para. 2, one registered interviewer from a registered sociological agency and representatives of the mass media, providing them with direct visibility during the acceptance and verification of the protocols, as well as during the data transfer, including through video recording or real-time video broadcasting in compliance with the requirements for protection of personal data. The protocol of the machine voting is attached to the protocol with the ballots and is an integral part of it. The data from the protocol of the machine voting shall be added to the data from the protocol with the ballots when entering them in the calculation point of the district election commission by transfer from the recording technical device.