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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 41/ May 23rd, 2017
The Council of Ministers passed changes at the Regulation for working time, breaks and leaves, adopted with Decree № 72 from 1986. Together with the determination of the recapitulated calculation of the working time as per art. 142, para 2 of the Labor Code, the employer shall accept nominal work schedules for the period with determined recapitulated calculation. The employer has the obligation to inform the employees with the nominal work schedules before the beginning of the work to them as well as to preserve them at least for three years as of the end of the period. The accepted nominal schedules shall be changed by the employer in case the number of the employees or other obstacle for their acceptation has been changed. The nominal schedules shall be prepared as follows: the sum of the working hours of the employee as per the schedules for the period of the determined summed calculation, should be equal of the norm for the continuance of the working time as defined in art. 9b (4) of the Regulation. At the summed calculation of the working time under art. 142, para 2 of the Labor Code a norm for the continuance of the working time for the period shall be determined. The norm shall be defined in hours as the number of the calendar working days included in the report period shall be multiplied with the daily continuance of the working time, determined for the working place at daily report of the working time.
The rules for leaves using incase of pregnancy and birth are complemented in connection with the adopters. They are obliged to inform the employer immediately for the adoption. The leave shall be terminated when the child is given for adoption; when the child is accommodated to an institution of full state maintenance; when the child is accommodated according to art. 26 of the Child Protection Act; when the mother continues personally to be in leave of art. 163, para of LC; if the child dies or the labor contract of the mother is terminated. The Leave shall be used by one of the parents of the employee in case she has adopted a child by herself on the grounds of written application with attached certified copy of the entered into force court decision for the adoption, copy of the statement for delivery of the child for adoption and declaration as per supplement № 13.

State Gazette, issue 43/ May 30th, 2017
The Ministry of Agriculture and Food précises the supporting regime of agricultural producers with the adopted changes of Regulation № 5 from 2009 for the conditions and order for applying as per diagrams and measurements for direct payments. The date of the application for support at the district agricultural service shall not be considered for date of applying with common application for direct support in the “Agriculture” State Fund - Payment Agency (ASF – PA). For such date shall be considered the date on which the application has been printed and signed. The unique identification number of the application shall be received not before removal of eventual incompleteness in them but after that. In the transitional decrees the date of May 29th has been defined as deadline for applying for 2017. The term for making changes in the applications and the enclosed documents, including the addition of scales and measurements, as well as agricultural plots and/or animals to the applied scales and/or measurements is till June 14th, 2017.
State Gazette, issue 44/ June 2nd, 2017
The aim of the adopted by the Ministry of Justice changes in Regulation № 32 from 1997 for the official archives of the notaries and the notary offices is to prevent the opportunities for property frauds. The right of restricted access for bring in extracts under art. 9a, point 1 and 2 of the regulation is presented to the authorities of the local administration with notary competence according to art. 83, para 1 of Notaries and Notary Activities Act – mayors, proxy – mayors, secretaries of municipalities, as well as mayors’ deputies in case of in the settlement there isn’t a notary or District Court. The certifying rights of these authorities includes the signatures of private documents that are unilateral acts and are not subject of entering, the signature and the contents of the Power of Attorney as per art. 37 of the Obligations and Contracts Act, as well as the authenticity of copies and extracts from documents and papers. The right of limited access for entering of extracts as per art. 9a, point 1 and 2 of the regulation in the informational system “Unity” of the Notary Chamber shall be accomplished with users’ interface through internet by a secured channel with presenting users’ name and password.
The limited access to the system “Unity” of the Notary Chamber was adopted with changes of the regulation from last year. Than was regulated the right of free access to the informational system of the chamber in relation with the state authorities and official persons for official aims and in compliance with their rights observing the requirements of Protection on Personal Data Act. A problem occurred because of the requirement the access to be made only by using a qualified electronic signature, the expenses for it occurred to be unachievable for the budgets of the municipalities in the small settlements. That was the reason the certified by them Powers of attorney to be entered without using an electronic signature through a secured internet channel made and supported by the chamber by using users name and password. The immediate entering in the informational system of the chamber of extracts of Power of attorneys is determined as an obligation for the notaries and as a right for the authorities of the local power. For the present the notaries shall not have access to the Power of Attorneys, certified by the consular official persons which are entered in an informational system of the Ministry of foreign affairs.